Reso13 PC 13-14 2879 Planning Commission Recommending Approval of DDA for 950 Middlefield Road

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City Draft 6/28113 4.1Q City Right to Inspect Project and Site. During periods of construction or installation of the Project, the City shall perform weekly inspections of the Project and the Site, on a schedu�e 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 Develaper's construction schedule. In order to perform such inspections, the City shall have the right of reasanable access to the Site,without the payment of charges or fees, during normal construction hours and upon reasonable advance notice. Any and a11 City representatives who enter the Site sha11 identify themselves at the cons�uctian manage�ment office or,if none, to the apparent on-site construction supervisor on the Site, upon their entrance onto the Site, and sha11 at all times be accornpanied 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#he City. The City sha11 indemnify and hold the Developer hazlxiless from injury, property damage or liability to the extent arising out of the exercise by the City af the right of access to the Site provided in this Section 4.10, except to the extent that any such injury,property damage or lzabiiity arises from the neglige�rice or willful rnisconduct of any of the Developer Parties. �f in the City's reasonable judgment it is necessary,the City shalZ have the further right, from time to time, at its own cost, to retain a consultant or consultan�s to inspect the Project an�veri�y 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 bene�t,that the City's inspections may be superficial and general in nature, and are for the purposes of infortning the City of the progress of the Project and the conforinity of the Project witl�. 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 installa�ion of the Project to determine that the progress and quality of the Project and all other requirements of the work of construction and a�nstallation of the Project are being performed in a manner satisfactory to the Developer. .................................................................32 4.11 PREVAILING WAGES.................................................................................... 33 82483.00 0 09175 7 1 3 1 2.1D ��ii