Construction Plans and Specifications. Within five (5) business days following the fifth day of the comment period described above, in Paragraph 2. Section a., of this Exhibit C: Work Letter, LANDLORD’s architect shall prepare construction plans and specifications together with a preliminary line item budget (“Construction Plans and Specifications”) for the Leasehold Improvements based upon the approved Preliminary Plans and TENANT’s and LANDLORD’s comments, if any. The LANDLORD shall bear the cost of the Construction Plans and Specifications and shall include architectural, mechanical, and electrical construction drawings for the Leasehold Improvements based on the Preliminary Plans. Notwithstanding the Preliminary Plans, the Construction Plans and Specifications; shall be subject to both TENANT and LANDLORD’s final approval, which approval shall not be unreasonably withheld shall not be in conflict with building codes for the city/county or other governmental authorities or with insurance requirements, and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits and licenses required for construction. Approval of Construction Plans and Specifications. LANDLORD or LANDLORD’s architect shall submit the Construction Plans and Specifications to TENANT for TENANT’s review according to the schedule outlined above in Paragraph 2. Section b., of this Exhibit C: Work Letter. TENANT shall notify LANDLORD or LANDLORD’s architect within five (5) business days after delivery of any revisions to either the Construction Plans and Specifications or the preliminary line item budget. If TENANT requests changes to the Construction Plans and Specifications, LANDLORD’s architect shall amend the Construction Plans and Specifications to incorporate TENANT’s comments within five (5) business days after receipt of TENANT’s notice, and shall provide TENANT with two (2) copies of the revised Construction Plans and Specifications and preliminary line item budget for TENANT’s final review and approval. TENANT will provide comments within five (5) business days. If TENANT does not approve the revised Construction Plans and Specifications, LANDLORD’s architect will again revise them for TENANT’s review and approval subject to the above procedure. In case of disapproval of the preliminary line item budget, TENANT shall direct LANDLORD and LANDLORD’s architect to amend the Construction Plans and Specifications in a manner satisfactory to reduce the estimated costs to an amount acceptable to TENANT. LANDLORD’s architect shall make all approved revisions and/or budgetary changes within five (5) business days after receipt of TENANT’s notice, and shall provide TENANT with two (2) copies of revised Construction Plans and Specifications and preliminary line item budgets to TENANT for final review and approval. If satisfactory, TENANT’s approval shall be provided within five (5) business days. If said cost reduction cannot be made satisfactorily to both Parties, TENANT may 1) direct LANDLORD’s architect to again amend the Construction Plans and Specifications and preliminary line item budget subject to the procedure described above, or 2) cancel this lease with written notice to LANDLORD within ten (10) business days of LANDLORD’s presentation of said estimates. In case of termination, each Party shall absorb its own out-of-pocket costs to date, except that, to the extent of available appropriations, TENANT will reimburse LANDLORD for fifty (50) percent of the actual cost of the Construction Plans and Specifications to date, with no further obligation by either Party. LANDLORD shall coordinate all approval processes with the city or governmental authorities, and any changes to the Construction Plans and Specifications required by the city or governmental authorities shall be immediately shared with TENANT. In the event a change to the Construction Plans and Specifications required by a city or governmental authority would increase the preliminary budget for the Leasehold Improvements by more than five (5) percent, TENANT shall have the right to terminate the Lease, and if TENANT terminates the Lease and to the extent of available appropriations, shall reimburse LANDLORD for fifty (50) percent of the actual cost incurred in producing the Preliminary Plans and Construction Plans and Specifications. Schedule of Critical Dates. Set forth below is a schedule of certain critical dates relating to LANDLORD and TENANT’s obligations for the design and construction of the Leasehold Improvements. The purpose of the schedule is to provide a reference for LANDLORD and TENANT for ease in following milestones dates. Following the Final Approval Date, TENANT shall be deemed to have released LANDLORD to commence construction of the Leasehold Improvements as set forth in the Work Letter. “Preliminary Plan Completion” by LANDLORD shall be provided to TENANT five (5) business days after full execution of the Lease TENANT’s Comments on Preliminary Plan are due five (5) business days after receipt of the Preliminary Plans. “Construction Plans and Specifications” are due from LANDLORD five (5) business days after LANDLORD’s receipt of TENANT’s Comments on Preliminary Plans. If revisions are needed, TENANT’s Comments on Construction Plans and Specifications are due from TENANT five (5) business days after LANDLORD submits Construction Plans and Specifications to TENANT. LANDLORD shall repeat the process of delivering Construction Plans and Specifications to TENANT with TENANT’s revisions within five (5) business days of TENANT’s response, and TENANT shall repeat the process of delivering TENANT’s Comments on Construction Plans and Specifications with revisions within five (5) business days of receiving LANDLORD’s revisions until TENANT approves or terminates this Lease Agreement as set forth in Paragraph 2, Section c. of this Exhibit D: Work Letter. If TENANT approves the Construction Plans and Specifications, TENANT shall submit written approval to LANDLORD within five business days of receipt of Construction Plans and Specifications, and LANDLORD and TENANT shall proceed to Paragraph 2, Section vi of this Exhibit D: Work Letter.
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Samples: Lease Agreement, Lease Agreement, Lease Agreement
Construction Plans and Specifications. Within five (5) business days following the fifth day of the comment period described above, in Paragraph 2. Section a., of this Exhibit C: Work Letter, LANDLORD’s architect shall prepare construction plans Xxxxxx-Xxxx will utilize base map and specifications together with a preliminary line item budget (“Construction Plans layout information to further design and Specifications”) add plan documentation for the Leasehold Improvements based upon the approved Preliminary Plans following elements: • Existing sidewalk/curb/pavement removal • Layout and TENANT’s grading plans for proposed trail and LANDLORD’s comments, if any. The LANDLORD shall bear the cost curb ramps • Retaining wall product selection (for manufacturer to detail) and finishes • Required patching and milling and resurfacing of the adjacent street approaches • ADA considerations • Construction Plans Stormwater General Permit (CSGP) and Specifications SWPPP • Maintenance of traffic • Pavement markings and shall include architectural, mechanical, signage • Storm sewer and electrical construction drawings for the Leasehold Improvements based on the Preliminary Plans. Notwithstanding the Preliminary Plans, the stormwater drainage infrastructure • Temporary and permanent stormwater erosion control measures • Street trees • Construction Plans phasing • Miscellaneous appropriate details and Specifications; shall pertinent specifications A stormwater collection and conveyance system will be subject detailed to both TENANT address and LANDLORD’s final approval, which approval shall not be unreasonably withheld shall not be convey stormwater runoff in conflict with building codes for the city/county or other governmental authorities or with insurance requirements, and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits and licenses required for construction. Approval of Construction Plans and Specifications. LANDLORD or LANDLORD’s architect shall submit the Construction Plans and Specifications to TENANT for TENANT’s review according adjacent to the schedule outlined above in Paragraph 2project area within this task. Section b.It is assumed that existing impervious drainage patterns will be altered with this work; therefore, of this Exhibit C: Work Letter. TENANT shall notify LANDLORD or LANDLORD’s architect within five (5) business days after delivery of any revisions to either the Construction Plans and Specifications or the preliminary line item budget. If TENANT requests changes to the Construction Plans and Specifications, LANDLORD’s architect shall amend the Construction Plans and Specifications to incorporate TENANT’s comments within five (5) business days after receipt of TENANT’s notice, and shall provide TENANT with two (2) copies of the revised Construction Plans and Specifications and preliminary line item budget for TENANT’s final review and approval. TENANT scope will provide comments within five (5) business days. If TENANT does not approve the revised Construction Plans and Specifications, LANDLORD’s architect will again revise them for TENANT’s review and approval subject to the above procedure. In case of disapproval of the preliminary line item budget, TENANT shall direct LANDLORD and LANDLORD’s architect to amend the Construction Plans and Specifications in a manner satisfactory to reduce the estimated costs to an amount acceptable to TENANT. LANDLORD’s architect shall make all approved revisions and/or budgetary changes within five (5) business days after receipt of TENANT’s notice, and shall provide TENANT with two (2) copies of revised Construction Plans and Specifications and preliminary line item budgets to TENANT for final review and approval. If satisfactory, TENANT’s approval shall be provided within five (5) business days. If said cost reduction cannot be made satisfactorily to both Parties, TENANT may 1) direct LANDLORD’s architect to again amend the Construction Plans and Specifications and preliminary line item budget subject to the procedure described above, or 2) cancel this lease with written notice to LANDLORD within ten (10) business days of LANDLORD’s presentation of said estimates. In case of termination, each Party shall absorb its own out-of-pocket costs to date, except that, to the extent of available appropriations, TENANT will reimburse LANDLORD for fifty (50) percent of the actual cost of the Construction Plans and Specifications to date, with no further obligation by either Party. LANDLORD shall coordinate all approval processes include hydraulic calculations associated with the city design of detention or governmental authorities, and any changes to the Construction Plans and Specifications storm water quality facilities as required by the city or governmental authorities shall be immediately shared with TENANTClient. In the event a change Required permitting due to the addition of impervious area and land disturbance, including Construction Plans Stormwater General Permit / SWPPP, will be initiated at this stage of design development. This work will be performed in accordance with City guidelines, ordinances and Specifications standards as well as standard engineering practices. Our understanding is that no replatting, right-of- way acquisitions or vacations will be required by a city or governmental authority would increase as part of this scope. To obtain Client feedback as the preliminary budget project develops, this scope of work provides for submittals to be made at intermediate intervals including, at minimum, 30% and 90% complete prior to final plan submission. Included at the Leasehold Improvements by more than five (5) percentaforementioned review stages will be: pertinent design computations, TENANT shall have the right to terminate the Leasequantity computations and opinion of probable cost, and if TENANT terminates specifications as needed. The preliminary opinion of probable construction costs will also be updated as the Lease project development progresses. Significant site plan changes or changes after issuance of 90% review comments will be considered an additional service and to the extent of available appropriationswill be completed on an hourly basis at our then-current billing rates. Xxxxxx-Xxxx will prepare traffic signal modification layout, shall reimburse LANDLORD for fifty (50) percent of the actual cost incurred in producing the Preliminary Plans details and Construction Plans and Specifications. Schedule of Critical Dates. Set forth below is a schedule of certain critical dates relating to LANDLORD and TENANT’s obligations specifications for the design of traffic signal modifications at the intersection of Sagamore Parkway and construction Xxxxxx Road. The modification at this intersection is limited to redesigning pedestrian signals on the southeast and southwest corners of the Leasehold Improvementsintersection to accommodate proposed trail crossings. It is anticipated that the crosswalk on the west leg of intersection will require adjustment based on new curb ramp layout on the southwest corner. The purpose design will be done in accordance with City’s specifications and standards. It is assumed that the traffic signal modification plans will be incorporated into the overall design plan set. Specifically, Xxxxxx-Xxxx will prepare the following items: • Base files for signal design based on survey, existing intersection plans, and proposed modifications to the intersection • Plans for the modification of the schedule is existing traffic signal equipment to provide a reference for LANDLORD and TENANT for ease in following milestones dates. Following accommodate the Final Approval Date, TENANT shall be deemed improvements to have released LANDLORD to commence construction the south leg of the Leasehold Improvements intersection. The plans will include the potential modification of the signal posts, pedestrian signal heads, and pushbuttons for the proposed crosswalk, as set forth in appropriate. These plans will conform to the Work LetterManual on Uniform Traffic Control Devices and the Client’s standards. “Preliminary Plan Completion” by LANDLORD shall • Required standard detailed drawings as well as a summary of quantities will be provided for the intersection. Special provisions and estimates of cost will also be prepared. • Traffic signal plans, specifications, and cost estimate will be incorporated into the final design package and submitted to TENANT five (5) business days after full execution the Client for review and comment. Xxxxxx-Xxxx will conduct a preliminary desktop environmental review of available databases and GIS information to identify potential wetland areas, known occurrences of state and federally threatened and endangered species, and identified historic resources, that may affect development of the Lease TENANT’s Comments on Preliminary Plan are due five (5) business days after receipt proposed project. The preliminary desktop environmental review will consist of the Preliminary Plansfollowing elements: • Desktop Wetlands and Waterways Assessment – Xxxxxx-Xxxx will review available topographic mapping, aerial/satellite imagery, National Wetland Inventory (NWI) mapping, National Hydrography Dataset (NHD) mapping, NRCS Soil Survey data, and LiDAR to identify potential wetland and surface water areas present within the project study area. “Construction Plans • Threatened and Specifications” are due from LANDLORD five endangered species database review – Xxxxxx-Xxxx will review US Fish and Wildlife (5USFWS) business days after LANDLORD’s receipt Information for Planning and Conservation (IPAC), and submit an Indiana Department of TENANT’s Comments Natural Resources (IDNR), Natural Heritage Data Center (NHDC) data request to identify known federal and state listed threatened and endangered species, high-quality natural communities and landscape features within the project study area or within an approximately 1-mile radius of the project study area. • Historic Resources Database Review – Xxxxxx-Xxxx will review the National Park Service (NPS), National Registry of Historic Places (NRHP) database, and the IDNR Division of Historic Preservation & Archaeology (DHPA) database and to identify known federal or state historic resources within the project study area or within a 0.5- m radius of the project study area. Based on Preliminary Plansthe noted state and federal agency database reviews and publicly available information, a brief memorandum of findings will be prepared for the proposed project. No direct coordination with any federal or state agencies will be conducted unless authorized by the client. If revisions are neededrequested by the Client, TENANT’s Comments on Construction Plans Xxxxxx-Xxxx will prepare applications and Specifications are due from TENANT five (5) business days after LANDLORD submits Construction Plans submit for formal review and Specifications coordination to TENANT. LANDLORD shall repeat the process USFWS and IDNR for state and federally listed threatened / endangered species compliance or prepare of delivering Construction Plans a wetland delineation and Specifications applications to TENANT with TENANT’s revisions within five (5) business days of TENANT’s response, ACOE and TENANT shall repeat the process of delivering TENANT’s Comments on Construction Plans and Specifications with revisions within five (5) business days of receiving LANDLORD’s revisions until TENANT approves or terminates this Lease Agreement IDEM as set forth in Paragraph 2, Section c. of this Exhibit D: Work Letter. If TENANT approves the Construction Plans and Specifications, TENANT shall submit written approval to LANDLORD within five business days of receipt of Construction Plans and Specifications, and LANDLORD and TENANT shall proceed to Paragraph 2, Section vi of this Exhibit D: Work Letteran additional service.
Appears in 1 contract
Samples: Professional Services Agreement
