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JNOFFICIAL COPY the Improvements contemplated in this Agreement. (2) All Covered Employees(as defined in Wis. Stat. §66.0903(4)) who perform the work necessary to construct the Improvements shall be paid prevailing wage rates according to the Determination, and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor,unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay. (3)The Subdivider and each contractor, subcontractor, or contractor's or subcontractor's agent performing work necessary to construct the Improvements shall keep full and accurate records clearly indicating the name and trade or occupation of every Covered Employee performing the work, and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. (4)The Town may demand and examine, and the Subdivider and every contractor, subcontractor or contractor's agent shall keep, and make available for inspection upon request by the Town, copies of payrolls and other records and information relating to the wages paid to Covered Employees performing the work necessary to construct the Improvements. (5)The Subdivider shall require that, upon completion of any project involved in construction of the Improvements and before receiving final payment for his or her work on the project, each agent, contractor, or subcontractor shall furnish the Subdivider with an affidavit stating that the agent, contractor or subcontractor has complied fully with the requirements of Wis. Stat. § 66.0903. The Subdivider shall not authorize final payment until the affidavit is filed in proper form and order. (6)Upon completion of the construction of Improvements, and prior to the Town's acceptance of the Improvements the Subdivider shall file with the Town an affidavit stating that the Subdivider has complied fully with the requirements of Wis. Stat. § 66.0903 and that the Subdivider has received an affidavit under the above subsection (4) from each of the Subdivider's agents, contractors and subcontractors. The Town shall not accept the Improvements until the affidavit from the Subdivider is filed in proper form and order. Q. Final Lift of Pavement. Notwithstanding any provision of this Agreement to the contrary,the Developer shall install the final lift of pavement for the Street Improvements upon the improvement of 8 lots of the 11 lots of the Plat or three (3) years from the commencement of construction under this Agreement,whichever occurs sooner. Prior to the installation of the final lift of pavement, the Developer shall provide the Town with surety in the form of an irrevocable letter of credit that conforms to the requirements of Article l.M. of this Agreement except that the amount of the letter of credit shall be in an amount determined by the Town Engineer to be 125% of the reasonable cost to install the final lift of pavement. The Acceptance of Work, Guarantee of Work, Indemnification and Insurance Required of Private Contractors, and all other provisions of this Agreement are applicable to the work related to the final lift of pavement. ARTICLE II- SUPPLEMENTAL GENERAL CONDITIONS A. No Vested Rights Granted. Except as provided by law,or as expressly provided in this Agreement, no vested right in connection with this project shall inure to the Subdivider. Nor does the Town warrant or represent by this Agreement that the Subdivider is entitled to any other required approvals. B. No Waiver. No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision, nor shall it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both Town and 7