Procedure for Requesting Approval. If it becomes necessary to substitute a MBE or WBE or otherwise change the Compliance Plan, the procedure will be as follows:
Procedure for Requesting Approval. If it becomes necessary to substitute a MBE or WBE or otherwise change the Compliance Plan, the procedure will be as follows: The bidder or contractor must notify the Contract Compliance Officer and Chief Procurement Officer in writing of the request to substitute a MBE or WBE or otherwise change the Compliance Plan. The request must state specific reasons for the substitution or change. A letter from the MBE or WBE to be substituted or affected by the change stating that it cannot perform on the contract or that it agrees with the change in its scope of work must be submitted with the request. The City will approve or deny a request for substitution or other change within 15 business days of receipt of the written request. Where the bidder or contractor has established the basis for the substitution to the satisfaction of the Chief Procurement Officer, it must make Good Faith Efforts to meet the Contract Specific Goal by substituting a MBE or WBE subcontractor. Documentation of a replacement MBE or WBE, or of Good Faith Efforts, must meet the requirements in section 5. If the MBE or WBE Contract Specific Goal cannot be reached and Good Faith Efforts have been made, as determined by the Chief Procurement Officer, the bidder or contractor may substitute with a non-MBE or non-WBE. If a bidder or contractor plans to hire a subcontractor for any scope of work that was not previously disclosed in the Compliance Plan, the bidder or contractor must obtain the approval of the Chief Procurement Officer to modify the Compliance Plan and must make Good Faith Efforts to ensure that MBEs or WBEs have a fair opportunity to bid on the new scope of work. A new subcontract must be executed and submitted to the Contract Compliance Officer within five business days of the bidder’s or contractor’s receipt of City approval for the substitution or other change. The City shall not be required to approve extra payment for escalated costs incurred by the contractor when a substitution of subcontractors becomes necessary to comply with MBE/WBE contract requirements.
Procedure for Requesting Approval. Prior to either seeking any land use or building permit, license, authorization, approval, or other entitlement for a Redevelopment or commencing construction of a Redevelopment, Tenant shall provide Landlord with detailed plans and specifications for the proposed Redevelopment and proposed land use permit applications for the proposed Redevelopment, together with a written request for Landlord’s consent to and approval of the proposed Redevelopment (such consent and approval not to be unreasonably withheld and to be processed and considered promptly and in good faith). If Landlord disapproves the proposed Redevelopment, Landlord’s notice shall state the reasons for Landlord’s disapproval (which shall include a detailed and specific description of the aspects of the Redevelopment that are not acceptable to Landlord and the revisions or adjustments that would cause the Redevelopment to be acceptable to Landlord). If Landlord disapproves the proposed Redevelopment, Tenant may modify the plans and specifications for the proposed Redevelopment, taking into account Landlord’s objections, and resubmit to Landlord the revised plans and specifications for approval. If Landlord disapproves the revised plans and specifications (or any subsequent re- submissions by Tenant), Landlord shall provide a disapproval notice stating the reasons for its disapproval in the same manner provided above, and Tenant shall continue to re-submit revised plans and specifications until Landlord approves them or until Tenant withdraws its proposal. Should Landlord consent to any proposed Redevelopment, that consent shall not be deemed a representation or warranty as to the adequacy or quality of the architectural design or plans for the Redevelopment, or their compliance with applicable laws, and Landlord hereby expressly disclaims any responsibility or liability for same. Regardless of whether or not Landlord approves a particular proposed Redevelopment, Tenant shall reimburse Landlord’s reasonable costs and expenses incurred in reviewing Tenant’s plans and specifications and land use permit applications for each proposed Redevelopment, including, but not limited to, the fees and expenses of any architect(s), attorney(s), engineer(s) or other consultant(s) engaged by Landlord to review Tenant’s plans and specifications and/or land use permit applications on Landlord’s behalf.
