AgdaPkt 2020-07-13 Special Joint SA PFA

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6.B. - Page 37 of 177 those wages are determined pursuant to California Labor Code Section 1720 et s_q., to employ apprentices as required by California Labor Code Sections 1777.5 et sem., and the implementing regulations of the Department of Industrial Relations (the "DIR"). If required by applicable law, Developer shall and shall cause the contractor and subcontractors to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et sem., and implementing regulations of the DIR. If required by applicable law, Developer shall and shall cause the contractor and subcontractors to keep and retain such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et sem. Copies of the currently applicable per diem prevailing wages are available from DIR. If required by applicable law, during the construction of the Development, Developer shall or shall cause the contractor to post at the Property the applicable prevailing rates of per diem wages. Developer shall cause its respective contractors and subcontractors to be registered as set forth in Labor Code Section 1725.5. If required by applicable law, the Developer shall cause its respective contractors and subcontractors to do all the following: (1) all calls for bids, bidding materials and the construction contract documents for the Development must specify that (i) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the Development unless registered with the DIR pursuant to Labor Code Section 1725.5; and (ii) the Development is subject to compliance monitoring and enforcement by the DIR; (2) The Developer is required to provide the City all information required by Labor Code Section 1773.3 as set forth in the DIR's online form PWC -100 within two (2) days of the award of the contract (https://www.dir.ca.gov/pwc100ext/); (3) The Developer shall cause its respective contractors to post job site notices, as prescribed by regulation by the DIR; and (4) The Developer shall cause its respective contractors to furnish payroll records required by Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (c) The Developer shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City, its council members, officers, agents and employees (together, the "Indemnified Parties") against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Developer, its contractor and subcontractors), if required by applicable law, to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seg., to employ apprentices pursuant to California Labor Code Section 1777.5 et sem., and implementing regulations of the DIR or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., to meet the conditions of Section 1771.4 of the Labor Code as set forth above and the implementing regulations of the DIR in connection with the construction of the Development or any other work undertaken or in connection with the Property. This Section shall survive the repayment of the Loan, the reconveyance of the Deed of Trust and the expiration of the Loan Term. (d) The Developer shall construct the Improvements to comply with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or Title III of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations and the Uniform Federal Accessibility Standards ("UFAS"). In compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794, et seq.), a minimum of seven (7) REV: 06-17-2020 PR 1199109\2727850.8 ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 33 of 143) 66