Laserfiche WebLink
Docusign Envelope ID: 72A91B3B-BEA1-46FE ACDD-146571B87804 <br />EXHIBIT 2 <br />engineers to revise the Working Drawings to incorporate such revisions and submit the <br />same for Tenant's approval in accordance with the foregoing provisions, and the parties <br />shall follow the foregoing procedures for approving the Working Drawings until the same <br />are finally approved by Landlord anal Tenant. Upon Landlord's and "Tenant's written <br />approval of the Working Drawings, including any agreed changes pursuant to Sections 5 <br />and 6, the same shall be known as the "Approved Working Drawings". <br />4, Construction Contracts. Landlord shall enter into a construction contract: for the <br />performance of the Landlord Work with the Contractor, .Landlord shall use commercially <br />reasonableefforts to obtain at least three (3) bids from each trade (otherthan mechanical, electrical, <br />plumbing, and fire/life safety, for cacti oj' which Landlord shall require all work to be performed <br />by Landlord's approved subcontractor for such trade) and shall select the lowest qualified bidder <br />unless otherwise approved by Tenant in writing. Landl*rd shall require its Contractor to exercise <br />reasonable eftbrts to avoid disruption of Tenant's business and to protect the health do safety of <br />Tenant, its employees and its guests. This shall include, at a minimum, using all feasible methods <br />to minimize danger, noise, vibration, :Fumes, dust and other pollution, and to the extent practicable, <br />perform work outside of normal business horns. <br />.5. Cost Estimate. <br />(a) Landlord shall provide Tenant with a cost proposal in accordance with the <br />Approved Working Drawings, which cost proposal slid I include, as nearly as possible, the <br />cost of the Teriant Improvements (the "Cost Proposal"), The Cost Proposal shall be <br />provided to Tenant on an open book basis (i,e., Landlord shall make available to Tenant <br />the economic; terms of the construction agreement with the Contractor (including, without <br />limitation, the cost of labor and materials, contractor fees and permit -Fees), as well as all <br />bids received by Landlord fibr the Landlord Work, and reasonable documentation <br />supporting; Landlord's estimate of plan preparation costs and all otter costs of the Laudlorcrt <br />Work), <br />(b) Within ten (10) days of the receipt of the same, Tenant shall either: (i) <br />approve the Cost Proposal; or (ii) have a one -tine right to propose modifications to the <br />Working .Drawings so that the Cost Proposal does not exceed the amount of the Tenant <br />Allowance. With the exception of the City's one^trrrie right to modify as provided in this <br />section, any proposed changes to the Working; Drawings (other than changes that make the; <br />Working Drawings conform to the Space Plan) shall be subject to Landlord's approval, <br />which approval shall not be unreasonably withheld, conditioned, or delayed. If Landlord <br />approves the proposed revisions: (A) Landlord shall have the Working Drawings revised <br />in accordance with the approved revisions; and (B) Landlord shall submit a revised Cost <br />Proposal to Tenant. Tenant shall notify Landlord in writing within ten (10) clays whether it <br />desires to proceed with such revisions. If Tenant fails to approve such revisions and revised <br />Cost Proposal within such ten (10) (lay period; such Failure shall be (teemed to be a Tenant <br />Delay. Any delays arising from further changes to the Working Drawings requested by <br />Tenant shall be deemed to be Tenant Delays. <br />(c) Tenant's final written approval of: the Cost Proposal and the Approved <br />Working Drawings shall be authorization by Tenant for landlord to purchase allmaterials <br />9 <br />5910216.11 <br />City Council 7 —113 7/15/2025 <br />