Agmt13 Redwood City Partners, LLC

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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 chazges 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 off'ice 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 4.10, except to the extent that any such injury, property damage or liability azises 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 detertnine that the progress and quality of the Project and all other requirements of the work of construction and installation of the Project aze being performed in a manner satisfactory to the Developer. 4.11 PREV.AILTNG WAGES. 4.11.1 THE DEVELOPER AGREES THAT ALL LABORERS EMPLOYED RELATIVE TO THE CONSTRUCTION OR INSTALLATION OF THE PROJECT MUST BE PAID THE PREVAII.ING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE, PURSUANT TO LA.BOR 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 ACCUR.ATE PAYROLL RECORD OF EACH EMPLOYEE EMPLOYED BY HIM IN CONNECTION WITH THE PROJECT. IN THE EVENT OF A CLAIM THAT DEVELOPER OR TfS CONTRACTOR(S) HAVE FAILED TO COMPLY WTfH THE PROVISIONS OF THIS SECTION 4.11.1, DEVELOPER SHALL CAUSE ITS CONTRACTOR(S) TO MAKE AVAILABLE CERTIFIED PAYROLL RECORDS FOR INSPECTION AT ALL REASONABLE HOURS AT THE OFFICE OF THE DEVELOPER AND ITS CONTRACTOR(S) FOR A MINIMUM OF 180 DAYS AFTER THE FILING OF A NOTICE OF COMPLETION PURSUANT TO CIVIL CODE SECTION 8182 OR 9204, WHICHEVER IS APPLICABLE. 4.11.2 THE DEVELOPER, ON BEHALF OF ITSELF, TTS SUCCESSORS, AND ASSIGNS, WAIVES AND RELEASES THE CTTY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE 33 2013.118/BLOCK 2 HUNTER STOHM REV:07-26-13 PT