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race, color, creed, religion, age, sex, sexual orientation, marital status, national origin,
<br />ancestry, or disability in the hiring, firing, promoting, or deinoting of any person engaged
<br />in the construction work.
<br />Section 3.3 Construction Responsibilities. Borrower shall be solely responsible
<br />for all aspects of Borrower's conduct in connection with the construction or installation of
<br />the Project and the City Funded Improvements, including (but not limited to) the quality
<br />and suitability of the plans and specifications, the supervision of construction work, and the
<br />qualifications, financial condition, and performance of all architects, engineers, contractors,
<br />subcontractors, suppliers, consultants, and property managers. Any review or inspection
<br />undertaken by the City with reference to the Project or the City Funded Improvements is
<br />solely for the purpose of determining whether Borrower is properly. discharging its
<br />obligations to the City, and should not be relied upon by Borrower or by any third parties
<br />as a warranty or representation by the City as to the quality of the design or construction of
<br />the Project or the City Funded Improvements.
<br />Section 3 A Compliance with Construction Laws and Requirements.
<br />(a) The Borrower shall construct or install the City Funded Improvements and `
<br />perform all work on the Project in conformity with all applicable governmental requirements
<br />("Govermnental Requirements'), including but. not limited to the Project Approvals, all
<br />applicable state labor laws and standards, all applicable Public Contract Code requirements, the
<br />City's applicable zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, all other applicable provisions of the City's Municipal Code.
<br />(b) City and Borrower acknowledge and agree that the DDA and the Public
<br />Improvement Loan made pursuant to this Agreement requires that laborers employed by
<br />Borrower relative to the construction, installation or operation of the work constituting the
<br />construction or installation of the City Funded Improvements and the Project must be paid the
<br />prevailing per diem wage rate for their labor classification, as determined by the State of
<br />California, pursuant to Labor Code section 1720 et sect, and regulations promulgated thereunder
<br />(the "Prevailing Wage Laws").
<br />(c) The Borrower agrees with the City that the Borrower shall be subject to
<br />the Community Workforce Agreement dated 2017, attached to the DDA as Exhibit H for any
<br />demolition or construction of the Project or City Funded Improvement. Borrower shall obtain a
<br />Letter Of Assent (Attachment A of the workforce agreement) for each and every contractor
<br />awarded work covered by the Community Workforce Agreement prior to commencing work on
<br />the Project or City Funded Improvement.
<br />(d) Notwithstanding the foregoing, Borrower shall defend, indemnify and
<br />hold harmless the City and its officials, officers, employees, agents and representatives from and
<br />against any and all present and future. liabilities, obligations, orders, claims, damages, fines,
<br />penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), including
<br />but not limited to any claims pursuant to Labor Code sections 1726 and 1781, arising out of or in
<br />any way connected with the Borrower's obligation to comply with all Governmental
<br />Requirements with respect to the work for the City Funded Improvements or the Project,
<br />including the Prevailing Wage Laws and all other applicable state labor laws and standards,
<br />except to the extent such Claims result from actions of the City or its officials, officers,
<br />55394.00049\40884170.6
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