ORANGE, COUNTY OF SOCIAL SERVICES AGENCY (2)

Home Browse Search

SECTION3 CONSTRUCTION: DELIVERY OF PREMIS S• SUBSTANTIAL COMPLETION PUNCH LIST ITEMS 3.1 Permits. Landlord will cause Landlord's Architect and Ore Engineers to submit the Approved Working Drawings to the appropriate governmental entities and otherwise apply for all applicable building and other permits and approvals (collectively, "Permits") ((Pally) necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully complete the construction of the Tenant improvements. Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant if any Penadt (including, without limitation, any building permit, cerdficate oroccupancy, or equivalent) is not timely or otherwise Issued. 3.2 Landlord's Selection and Retention of the Contractor. 3.2.1 Landlord shall submit the Construction Drawings for the Premises on a fixed contract amount (or GMAX) basis to a general contractor selected by Landlord (the "Contractor"), which Contractor shall be independently retained by Landlord (pursuant to such construction contract form as Landlord shall in good faith determine) to construct the Tenant Improvements in accordance with the Construction Drawings. Landlord reserves the right to designate the subcontractor or subcontractors to perform particular trades (or components of) the Tenant Improvements such as fire/lifesafety, HVAC, structural and electrical work. 3.2.2 Landlord reserves tile absolute right, without the need for consultation with or the consent of Tenant, to terminate the Contractor for nonperformance (as determined in good faith by Landlord) and In such case Landlord may select another general contractor to complete the Tenant improvements. Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby waives all claims against Landlord, and Landlord shall have no responsibility or liability to Tenant, on account of any nonperfbmiance or any misconduct of any Contractor (or any subcontractor thereof) for any reason, 3.2.3 If the Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720.2. the following shall apply: (a) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) prevailing wage requirements and be subject to restrictions and penalties in accordance with §1770 et seq, of the Labor Code which requires prevailing wages be paid to appropriate work classifications In all bid specifications and subcontracts. (b) Landlord shall require the Contractor to furnish all subcontractors/employees a copy of the Department of Industrial Relations prevailing wage rates which Lessor will post at die job site. For further information on prevailing wage: http:/lwww.dircagov/dfsr/statistics researchhiml (c) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) the payroll record keeping and availability requirement of§1776 of the Labor Code. (d) Landlord shall require the Contractor to (and to cause its subcontractors to Lessor/contractor to) make travel and subsistence payments to workers needed for performance of work in accordance with the Labor Code. (a) Prior to commencement of work, Landlord shall require the Contractor to contact the Division of Apprenticeship Standards and Comply with § 1777.5, § 1777.6, and § 1777.7 of the Labor Code and Applicable Regulations. 3.3 Delivery of Premises• Substantial Comnlctiom Punch List Items. 3.3.1 Delivery' of Premises, Landlord shall deliver die Premises to Tenant upon Substantial Completion of the Tenant Improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligations to perform (or cause to be performed) the Landlord's Work and to construct (or cause to be constructed) the Tenant Improvements in accordance with the Construction Drawings) and to all of Landlord's other express obligations under the Lease (including, tinder Section 2.1 of the Lease), Landlord shall have no duty or obligation to improve, or pay for any improvement for, the Premises or any portion thereof and Tenant shall accept the some in its Tenant shall accept the Premises in its, then existing condition on the Delivery Date, "AS -IS". "WITH ALL FAULTS % 3.3.2 Substantial Completion. For purposes of this Lease, "Substantial Completion" shall occur upon (and the Premises shall be "Substantially Complete" upon) the substantial completion of construction of the Tenant Improvements pursuant to the Approved Working Drawings, as evidenced by a "signoll" on the building permit card by on inspector of the applicable governmental authority (typically the city in . which the Building is located), with die exception of any Punch List Items (defined below) aid any tenant fixtures, workstations, buiit-in furniture, arequipment to be installed by Tenant or under tie supervision orCont actor. 3.3.3 Punch List hems. Alter the Substantial Completion by Landlord of the Tenant Improvements. representatives or Landlord, Tenant and the Contractor shall completely inspect the Premises and complete a list (die "Punch List") of all Punch List Items (defined below). Authorized representatives orLendlord. Tenant and the Contractor shall execute said Punch List to indicate their approval thereof Landlord shall cause the Contractor to complete all Punch List Items described oil the Porich List as soon Out reasonably possible Following the approval orsuch Punch List. As used herein, "Punch List l[emv" means all items of construction which entail one or more details of construction. decoration. mechanical adjustment or installation That du not materially and adversely affect the use and occupancy of any portion oFthe Premises for the normal conduct orTenant's business. al! WCh ie Ceruer Ur- 0l, ofSamtre Ana Lrnre 3 lixhihn C