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B. NWS Initial Project Design. <br /> 1. Approval of Plans and Specifications. NWS is solely responsible for design of the <br /> NWS Initial Project. NWS will cause the design of the NWS Initial Project to be in accordance with <br /> all applicable laws and industry standards. During design of the Project, NWS will provide the <br /> Parks & Facilities Director with the plans and specifications of the NWS Initial Project for review, <br /> comment, and approval,which approval is at the Parks & Facilities Director's sole discretion. The <br /> plans and specifications so approved are referred to as the "Director-Approved Plans." NWS will <br /> not begin construction of the Project until NWS has received such written approval from the <br /> Parks & Facilities Director. The Parks & Facilities Director approval is solely for the purposes of <br /> proceeding with the Project under this Agreement and is not a City warranty or any endorsement <br /> whatsoever of the NWS Initial Project design, which is the NWS's sole responsibility. The Parks <br /> & Facilities Director review, comments, and approval shall not create any City liability for any <br /> action or inaction relating to such review, and NWS shall remain wholly responsible for the safety, <br /> adequacy, suitability, utility, and constructability of its project. <br /> 2. Permits and Approvals. NWS or its contractor at its own cost will obtain all <br /> permits and other approvals as may be required for the NWS Initial Project. The Parks & Facilities <br /> Director approval in subsection B.1 above is in addition to and does not replace any such permits <br /> or other approvals. <br /> C. NWS Project Construction. <br /> 1. NWS will construct the NWS Initial Project at no cost to the City in accordance with <br /> Director-Approved Plans, all NWS Initial Project permits and approvals, and all applicable laws. <br /> 2. NWS and each contractor and subcontractor engaged in construction, <br /> alterations or improvements under this Exhibit shall pay all workers, laborers, or mechanics <br /> employed in the performance of any part of such work an amount not less than the prevailing <br /> rate of wages established for each trade or occupation as established by the Washington <br /> Department of Labor and Industries,in accordance with Chapter 39.12 RCW(Prevailing Wages). <br /> 3. NWS cannot begin construction without proper filing(s)of Statement(s)of Intent <br /> to Pay Prevailing Wages with the Department of Labor and Industries. <br /> 4. The NWS Initial Project shall be carried out in a good and workmanlike manner; <br /> completed with all new materials; and free of defects in materials and workmanship. <br /> 5. During construction, NWS will meet monthly with Parks & Facilities Director or <br /> designee to review construction progress and provide operational updates. <br /> D. Deadlines/NWS Construction Cost. <br /> 1. Project Application Deadline. NWS will diligently pursue obtaining all necessary <br /> permits and approvals from government agencies for the NWS Initial Project. NWS must submit <br /> complete applications for any such required permits and approvals for the NWS Initial Project no <br /> later than 9 months after the date of this Agreement, unless the Parks & Facilities Director or <br /> designee provides a later deadline in writing. A failure to so submit complete applications is an <br /> NWS Event of Default, and, if NWS does not cure such failure within thirty (30) days after written <br /> notice thereof from the City,then the City may terminate this Agreement effective upon delivery <br /> Exhibit C-2 <br />