AgdaPkt 2020-04-27 Joint SA PFA - Laserfiche WebLink

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6.C. - Page 14 of 57 22. Prevailing Waae Requirements on TIF Eligible Improvements. 22.1 Developer acknowledges and agrees that the TIF Eligible Improvements constitute "public works" as defined in California Labor Code Section 1720(a)(1). Accordingly, Developer shall comply with, and cause its contractors and subcontractors to comply with, all State Labor Code requirements and implementing regulations of the Department of Industrial Relations pertaining to "public works," including the payment of prevailing wages (collectively, "Prevailing Wage Laws") in connection with construction and installation of the TIF Eligible Improvements. Developer shall require the contractor(s) for the TIF Eligible Improvements to submit, upon request by City, certified copies of payroll records to City at the Property or at another location within City, and to maintain and make records available to City and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws. Developer shall also include in each of its contractor agreements, a provision in form acceptable to City, obligating the contractor to require its contractors and/or subcontractors to comply with Prevailing Wage Laws in connection with the T1F Eligible Improvements, and to submit, upon request by City, certified copies of payroll records to City and to maintain and make such payroll records available to City and its designees for inspection and copying during regular business hours at the Property or at another location within City. City and Developer each acknowledge and agree that it is a condition of approval of the Project that Developer construct the TIF Eligible Improvements. 22.2 Developer shall defend (with counsel reasonably acceptable to the City), indemnify, assume all responsibility for, and hold harmless City Parties from and against any and all present and future claims arising out of or in any way connected with Developer's or its contractors' or subcontractors' obligations to comply with all Prevailing Wage Laws, including all claims that may be trade by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781. 22.3 Developer hereby waives and releases City Parties from any and all manner of claims, liabilities, damages or other compensation whatsoever, in law or equity, of whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute or contingent, now existing or which may in the fitture arise, including lost business opportunities or economic advantage, and special and consequential damages, arising out of, directly or indirectly, or in any way connected with Developer's obligation to comply with all Prevailing Wage Laws in connection with the T1T Eligible Improvements. 23, Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroaclunent permits required by City in order to perform the Work. 24. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Payment Security provided by Developer in accordance with Section 14.1 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424. 25. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. ATTYIAGRf2015.1071GREYSTAR -103 WILSON - IA WITH TIF CREDIT Page 11 of 27 REV: 05-28-15 VR 40