Agmt19 YMCA of Sillicon Valley Master Project Agmt.

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the times established in the Schedule of Performance. Any disapproval shall state in writing the reasons for disapproval and the changes that the City requests be made. Such reasons and such changes must be consistent with the Conceptual Site Plan, this Agreement, and any items previously approved or deemed approved hereunder by the City. The YMCA -SV upon receipt of a disapproval based upon powers reserved by the City hereunder, shall revise such plans, drawings and related documents and resubmit them to the City as soon as possible after receipt of the notice of disapproval, provided that in no case shall the City be entitled to require changes inconsistent with the Conceptual Site Plan and any previously approved items. The City's zoning, building and land use regulations (whether contained in ordinances, the City's municipal code, conditions of approval or elsewhere), shall be applicable to the construction and installation of the Phase 2 Improvements pursuant to this Agreement. In addition, City shall provide YMCA -SV with a right -of -entry agreement that will allow YMCA -SV to construct the West Parking Lot and Drop -Off Area improvements as part of the Phase 2 Improvements. The right -of -entry agreement will include the City's standard provisions for the installation of public improvements, including, but not limited to, insurance requirements and the payment of prevailing wages. 7.3 Processing Costs and Fees The YMCA -SV shall be responsible for paying for the costs of all design work, construction, labor, materials, fees, permits, applications, and other expenses associated with the Phase 2 Improvements, including any review or processing fees pertaining to the review and approval by the City and utility service providers. The YMCA -SV shall pay all lawfully required fees pertaining to the review and approval of the Phase 2 Improvements by the City and utility service providers. 7.4 Payment and Performance Bonds. Prior to commencement of construction of the Phase 2 Improvements, YMCA -SV shall deliver, or cause its contractor to deliver, to the City copies of payment bond(s) and performance bond(s) issued by a reputable bonding company licensed to do business in California, and reasonably acceptable to the City, providing for payment and performance bonds for one hundred percent (100%) of the scheduled work of construction of the Phase 2 Improvements, including labor, material and equipment used in the work of improvement of the individual construction trade element of the Phase 2 Improvements, and for the contractor's timely completion of the work of improvement of the individual construction trade element of the Phase 2 Improvements. Each such bond shall be in a penal sum of not less than one hundred percent (100%) of the scheduled cost of construction of the Phase 2 Improvements. The bonds shall name the City as co -obligee. 7.5 Com liance with Laws,• Prevailing Wages. All work performed in connection with the construction or installation of the Project shall comply with all Applicable Laws and approvals for the Project. In addition, the YMCA -SV agrees that all laborers employed relative to the construction or installation of the Phase 2 Improvements must be paid the prevailing per diem wage rate for their labor classification, as determined by the state, pursuant to Labor Code Sections 1720, et seq. as required under the provisions of Section 1776 of the California Labor Code, YMCA -SV shall cause its contractor(s) to keep an accurate payroll record of each employee employed by it in connection with the Phase 2 Improvements. In the event of a claim that YMCA -SV or its contractor(s) have failed to comply with the provisions of this Section 7.5, YMCA -SV shall cause its contractor(s) to make available certified payroll records for inspection at all reasonable hours at the office of the YMCA -SV ATTY/AGR/2019.316NMCA MASTER PROJECT AGREEMENT Page 9 of 108