Acquisition and Construction of Project Facilities. Subject to all of the provisions of this Agreement, the County agrees to acquire from the Company those Project Facilities listed in Exhibit A which are constructed by the Company and tendered for acquisition in accordance with the provisions of this Agreement. The Company agrees that any Project Facility being constructed by, or under the direction of, the Company and to be acquired by the County shall be constructed in substantial compliance with the approved Plans and in compliance with the requirements of Government Code Section 53313.5, which requires those improvements to be constructed as if such improvements had been constructed under the direction and supervision, or under the authority, of the County. In partial satisfaction of the requirements of Section 53313.5, the Company shall be required to secure the faithful performance of construction and completion of construction of the Project Facilities by appropriate contractor’s bonds as required by the California Public Contracts Code and shall require its contractor or contractors to pay the prevailing rate of per diem wages for work of a similar character in the locality of the District and not less than the general prevailing rate of per diem wages for holiday and overtime work, as provided in Section 1771 et seq. of the California Labor Code, to all workers employed by each such contractor in the construction of the Project Facilities. As to each Project Facility, the Company shall obtain from its contractor or contractors and furnish to District payroll records for a minimum of one payroll period as to all such workers employed by the contractor or contractors demonstrating compliance with the requirements of Section 1771 et seq. of the California Labor Code. This paragraph and the following two paragraphs of this Section 4(c) are applicable only to contracts to be let for a Project Facility subsequent to the date of this Agreement. Prior to the advertising of bids for a contract to be let subsequent to the date of this Agreement, the Director will advise the Company as to whether adequate funds are on deposit in the Project Facilities Account of the Acquisition and Construction Fund to pay the amounts to be paid under such contract. The decision as to whether such funds are available for a particular contract to be let for a Project Facility, or portion thereof, shall be in the sole discretion of the Director. If the Director advises the Company that adequate funds exist to pay all or a port...
Acquisition and Construction of Project Facilities the Privately-Owned Dry
