Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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(Exhibit C), or within such reasonable extensions of such times granted by the City Manager or as otherwise provided for in this Agreement. 3.8 City Right to Inspect Project and Site. During periods of construction or installation of the Project, the City shall perform periodic inspections of the Project and the Site, on a schedule agreeable to both the City and Developer; provided, however, the Parties may mutually agree on adjustments to the inspection schedule as necessary in order to meet Developer's construction schedule. In order to perform such inspections, the City shall have the right of reasonable access to the Site, without the payment of charges or fees, during normal construction hours and upon reasonable advance notice. Any and all City representatives who enter the Site shall identify themselves at the construction management office or, if none, to the apparent on-site construction supervisor on the Site, upon their entrance onto the Site, and shall at all times be accompanied by a representative of the Developer, while on the Site. The Developer shall make a representative of the Developer available for this purpose at all times during normal construction hours, upon reasonable advance notice from the City. The City shall indemnify and hold the Developer harmless from injury, property damage or liability to the extent arising out of the exercise by the City of the right of access to the Site provided in this Section 3.8, except to the extent that any such injury, property damage or liability arises from the negligence or willful misconduct of any of the Developer Parties. If in the City's reasonable judgment it is necessary, the City shall have the further right, from time to time, at its own cost, to retain a consultant or consultants to inspect the Project and verify compliance by the Developer with the provisions of this Agreement. The Developer acknowledges and agrees that any such City inspections are for the sole purpose of protecting the City's rights under this Agreement, are made solely for the City's benefit, that the City's inspections may be superficial and general in nature, and are for the purposes of informing the City of the progress of the Project and the conformity of the Project with the terms and conditions of this Agreement, and that the Developer shall not be entitled to rely on any such inspection(s) as constituting the City's approval, satisfaction or acceptance of any materials, workmanship, conformity of the Project with this Agreement or otherwise. The Developer agrees to make its own regular inspections of the work of construction and installation of the Project to determine that the progress and quality of the Project and all other requirements of the work of construction and installation of the Project are being performed in a manner satisfactory to the Developer. 3.9 PREVAILING WAGES. THE DEVELOPER AGREES THAT ALL LABORERS EMPLOYED RELATIVE TO THE CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS THAT WOULD ENTITLE DEVELOPER TO A CERTIFICATE OF COMPLETION, AS SET FORTH 1N SECTION 4.6 OF THIS AGREEMENT, MUST BE PAID THE PREVAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. AS REQUIRED UNDER THE PROVISIONS OF SECTION 1776 OF THE CALIFORNIA LABOR CODE, DEVELOPER SHALL CAUSE ITS CONTRACTOR(S) TO KEEP AN ACCURATE PAYROLL RECORD OF EACH EMPLOYEE EMPLOYED BY HIM 1N CONNECTION WITH SUCH IMPROVEMENTS. IN THE EVENT OF A CLAIM THAT DEVELOPER OR ITS CONTRACTOR(S) HAVE FAILED TO COMPLY WITH THE PROVISIONS OF THIS SECTION 3.9, DEVELOPER SHALL CAUSE ITS CONTRACTOR(S) TO MAKE ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 17 of 40 82483.00019\9644366.16