Common use of Cost Proposal Clause in Contracts

Cost Proposal. Tenant shall select one general contractor reasonably approved by Landlord (who shall be the “Contractor”). Following selection of the Contractor, Landlord shall cause Contractor to obtain competitive sealed bids from three subcontractors for each trade, in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) on the basis of the bids selected and a brief summary of the basis of selection for each winning bid, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Items to be incurred, including allowances for items that cannot be specifically quoted at the time such proposal is prepared. Landlord and Tenant shall approve or reasonably disapprove the Cost Proposal in accordance with Schedule 1. If Tenant reasonably disapproves the Cost Proposal, Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 business days after receipt of notice of disapproval. Upon Tenant’s approval of the Cost Proposal, Landlord shall be released by Tenant to purchase the items set forth in the Cost Proposal and to commence the construction relating to such items. The date by which Tenant approves and delivers the Cost Proposal to Landlord shall be known hereafter as the “Cost Proposal Acceptance Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such change.

Cost Proposal. Tenant Proposer shall select one general contractor reasonably approved by Landlord (who shall be follow the “Contractor”). Following selection instructions provided below for preparation of the Contractor, Landlord shall cause Contractor cost proposal. All elements described are required submittals except for the alternative cost proposals. Proposers are to obtain competitive sealed bids from three subcontractors for each trade, prepare base cost proposals as requested in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) Section 5.7.1 solely on the basis of the bids selected and a brief summary of the basis of selection for each winning bid, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Items to be incurred, including allowances for items that cannot be specifically quoted at the time such proposal is prepared. Landlord and Tenant shall approve or reasonably disapprove the Cost Proposal in accordance with Schedule 1. If Tenant reasonably disapproves the Cost Proposal, Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 business days after receipt of notice of disapproval. Upon Tenant’s approval of the Cost Proposal, Landlord shall be released by Tenant to purchase the items program specifications set forth in the RFP documents without considering any exceptions or alternatives. The proposal assumptions, operating statistics, and cost proposal information submitted by proposer will be evaluated to determine the reasonableness of the contractor’s compensation requirement and will serve as a baseline for establishing Rate Year One contractor’s compensation and future adjustments to contractor’s compensation. The cost proposal shall be firm and valid for a period of one year from the submittal date of the proposal. Within 30 days of request by the CITY, the selected contractor shall revise the cost proposal forms and submit adjusted proposed costs that shall reflect any alternative programs which will be included in the scope. These “adjusted proposed costs” will be included in the executed Franchise Agreement. The CITY may request additional detailed cost and operating assumptions to fully understand the adjusted cost proposal and verify its reasonableness. 5.7.1 Base Cost Proposal 1. All collection services described in the Franchise Agreement shall be included in the scope; 2. The provision of the collection services shall be governed by the terms and conditions of the Franchise Agreement; 3. New services shall commence October 1, 2019; 4. For the purposes of preparing the cost proposal, please specify the processing fee to be charged for recyclables materials and organic materials. Please breakout the processing fee to reflect transportation costs/ton and the actual tipping fee or rebate charged at the processing facility 5. For the purposes of preparing the cost proposal, the number of accounts, container lifts, and Drop Box pulls to be serviced by contractor shall be as specified on the designated Cost Proposal and to commence the construction relating to such itemsForm. The date account data provided on the cost forms is actual 2016 data. 6. For the purposes of preparing the cost proposal, the tonnage collected by which Tenant approves and delivers the contractor shall be that specified on the designated Cost Proposal Form. 7. For the purposes of preparing the cost proposal, the fees to Landlord be paid to the CITY shall include the following: • 10% Franchise Fee • 1% Road Maintenance and Operational Impact Fee The proposed rates shall not include the Surcharge and NDPES Fees, which will be added to the finalized City rates but not included as part of the proposal for the purposes of evaluation. 8. Proposers shall propose annualized costs associated with implementation of the new collection services. The proposer shall estimate one-time implementation costs, annualize the costs over 10 years, and present the annualized costs. The annualized implementation costs shall assume full implementation of new services on October 1, 2019. These implementation costs shall be known hereafter as allocated on the “designated Cost Proposal Acceptance Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such changeForms.

Cost Proposal. Tenant shall select one general contractor reasonably approved by Landlord (who shall be the “Contractor”). Following selection of the Contractor, Landlord shall cause Contractor to obtain competitive sealed bids from three subcontractors for each trade, in accordance provide Tenant with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (from the “Cost Proposal”) on the basis of the bids selected and a brief summary of the basis of selection for each winning bidContractor, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Items costs to be incurred, including allowances for items that cannot be specifically quoted at incurred in connection with the time such proposal is prepareddesign and construction of the Improvements (the "Cost Proposal"). Landlord and Tenant shall approve or reasonably disapprove and deliver the Cost Proposal in accordance with Schedule 1. If Tenant reasonably disapproves the Cost Proposal, to Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 five (5) business days after of the receipt of notice of disapproval. Upon Tenant’s approval the same, and upon receipt of the Cost Proposalsame by Landlord, Landlord shall be released by Tenant to purchase the items set forth in the Cost Proposal and to commence the construction relating to such items. The date by which Tenant approves must approve and delivers deliver the Cost Proposal to Landlord shall be known hereafter as the “"Cost Proposal Acceptance Delivery Date”". If In the event Tenant does not approve or disapprove the Cost Proposal exceeds Landlord’s Contributionby the Cost Proposal Delivery Date, Tenant may deliver shall be deemed to Landlord have approved the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costssame. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and disapproves the Cost Proposal as because of a consequence desire to value engineer the Improvements in a manner consistent with, and a logical extension of, the Final Space Plan and Landlord's Building standards, Landlord agrees to cause one (1) revision to the Cost Proposal in an effort to achieve such cost reductions; provided, however, that the time period commencing on the day immediately succeeding the Cost Proposal Delivery Date and ending on the date that Tenant approves the revised Cost Proposal or the initial Cost Proposal shall be deemed to be a period of such changeTenant Delay.

Cost Proposal. Tenant Proposer shall select one general contractor reasonably approved by Landlord (who shall be follow the “Contractor”). Following selection instructions provided below for preparation of the Contractor, Landlord shall cause Contractor cost proposal. All elements described are required submittals except for the alternative cost proposals. Proposers are to obtain competitive sealed bids from three subcontractors for each trade, prepare base cost proposals as requested in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) Section 5.7.1 solely on the basis of the bids selected and a brief summary of the basis of selection for each winning bid, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Items to be incurred, including allowances for items that cannot be specifically quoted at the time such proposal is prepared. Landlord and Tenant shall approve or reasonably disapprove the Cost Proposal in accordance with Schedule 1. If Tenant reasonably disapproves the Cost Proposal, Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 business days after receipt of notice of disapproval. Upon Tenant’s approval of the Cost Proposal, Landlord shall be released by Tenant to purchase the items program specifications set forth in the RFP documents without considering any exceptions or alternatives. The proposal assumptions, operating statistics, and cost proposal information submitted by proposer will be evaluated to determine the reasonableness of the contractor's compensation requirement and will serve as a baseline for establishing Rate Year One contractor's compensation and future adjustments to contractor's compensation. The cost proposal shall be firm and valid for a period of one year from the submittal date of the proposal. Within 30 days of request by the CITY, the selected contractor shall revise the cost proposal forms and submit adjusted proposed costs that shall reflect any alternative programs which will be included in the scope. These "adjusted proposed costs" will be included in the executed Franchise Agreement. The CITY may request additional detailed cost and operating assumptions to fully understand the adjusted cost proposal and verify its reasonableness. 5.7.1 Base Cost Proposal 1. All collection services described in the Franchise Agreement shall be included in the scope; 2. The provision of the collection services shall be governed by the terms and conditions of the Franchise Agreement; 3. New services shall commence December 1, 2022; 4. For the purposes of preparing the cost proposal, please specify the processing fee to be charged for recyclables materials. Please breakout the processing fee to reflect transportation costs/ton and the actual tipping fee or rebate charged at the processing facility 5. For the purposes of preparing the cost proposal, the number of accounts, container lifts, and Drop Box pulls to be serviced by contractor shall be as specified on the designated Cost Proposal and to commence the construction relating to such itemsForm. The date account data provided on the cost forms is actual 2016 data. 6. For the purposes of preparing the cost proposal, the tonnage collected by which Tenant approves and delivers the contractor shall be that specified on the designated Cost Proposal Form. 7. For the purposes of preparing the cost proposal, the fees to Landlord be paid to the CITY shall include the following: • 10% Franchise Fee 8. Proposers shall propose annualized costs associated with implementation of the new collection services. The proposer shall estimate one-time implementation costs, annualize the costs over 10 years, and present the annualized costs. The annualized implementation costs shall assume full implementation of new services on December 1, 2022. These implementation costs shall be known hereafter as allocated on the “Contractor’s Cost Proposal Acceptance Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such changeForms.

Cost Proposal. Tenant shall select one general contractor reasonably approved by Landlord (who shall be the “Contractor”). Following selection Upon receipt of the ContractorApproved Working Drawings, Landlord shall cause Contractor to obtain competitive sealed bids from three subcontractors for each tradeby the Pharmacy – Tenant Improvement Cost Proposal Delivery Deadline set out in Schedule 1, provide Tenant with a cost proposal in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) on the basis of the bids selected and a brief summary of the basis of selection for each winning bidApproved Working Drawings, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Tenant Improvement Allowance Items to be incurred, including allowances for items that cannot be specifically quoted at incurred by Landlord in connection with the time such proposal is prepareddesign and construction of the Tenant Improvements (the “Cost Proposal”). Landlord and Tenant shall approve review and deliver its approval or reasonably disapprove disapproval to the Cost Proposal in accordance with Schedule 1to Landlord within fifteen (15) business days of the receipt of the same, and upon receipt of the same by Landlord. If Tenant reasonably disapproves the Cost Proposal, Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 business days after receipt of notice of disapproval. Upon Tenant’s approval any aspect of the Cost Proposal, Tenant shall advise Landlord in writing of such disapproval and the reasons therefor within said timeframe. Landlord shall then endeavor to address the Tenant’s disapproval by revisions to or adjustments to the Cost Proposal, incorporating the revisions requested by Tenant, and within fifteen (15) business days resubmit the same to Tenant for approval. Timing is of the essence in reaching agreement on the Cost Proposal and the parties here to agree to proceed in good faith to reach agreement on the Cost Proposal. This process will be repeated until the Cost Proposal is mutually approved by Landlord and Tenant. The approved Cost Proposal shall be referred to herein as the “Approved Cost Proposal.” 4.2.1 The date upon which Tenant and Landlord have approved the Approved Cost Proposal shall be known hereafter as the “Approved Cost Proposal Delivery Date”, Landlord shall be released by Tenant permitted to purchase the items set forth in the Approved Cost Proposal and to commence the construction relating to such items. The date by which Tenant approves and delivers items upon the Approved Cost Proposal to Landlord shall be known hereafter as the “Cost Proposal Acceptance Delivery Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such change.

Cost Proposal. Tenant shall select one general contractor reasonably approved by Landlord (who shall be the “Contractor”). Following selection of the Contractor, Landlord shall cause Contractor to obtain competitive sealed bids from three subcontractors for each trade, provide Tenant with a cost proposal in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) on the basis of the bids selected and a brief summary of the basis of selection for each winning bidApproved Working Drawings, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s Contribution Items the Total Construction Costs to be incurred, including allowances for items that cannot be specifically quoted at incurred in connection with the time such proposal is preparedTenant Improvements (“Cost Proposal”). Landlord shall obtain commercially competitive and reasonable pricing for the Tenant Improvements in connection with the preparation of the Cost Proposal. Tenant shall approve or reasonably disapprove notify Landlord whether it approves the Cost Proposal in accordance with Schedule 1within five (5) business days after Landlord’s submission thereof. If Tenant reasonably disapproves of the Cost Proposal, then Tenant shall notify Landlord shall cause Contractor thereof specifying in reasonable detail the revisions to resubmit a new the Approved Working Drawings to achieve the necessary cost savings. If Tenant fails to notify Landlord that it disapproves of the Cost Proposal within 3 five (5) business days after receipt the submission thereof, then Tenant shall be deemed to have approved the Cost Proposal as submitted if the Cost Proposal is less than the total Allowance or disapproved such Cost Proposal if it is greater than the Allowance. Tenant’s approval of notice the Cost Proposal shall be deemed approval of disapprovalthe Excess Costs resulting therefrom. Upon Landlord acknowledges that, except to the extent the Total Construction Costs are increased by Tenant requested change orders occurring after Tenant’s approval of the Cost Proposal, Tenant shall have no liability for any portion of the Total Construction Costs incurred by Landlord shall be released by Tenant to purchase the items in excess amounts set forth in the Cost Proposal and to commence the construction relating to such items. The date by which Tenant approves and delivers the Cost Proposal to Landlord shall be known hereafter as the “Cost Proposal Acceptance Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such changeProposal.

Cost Proposal. Tenant shall select one general contractor reasonably approved by Landlord (who shall be the “Contractor”). Following selection of the Contractor, Landlord shall cause Contractor to obtain competitive sealed bids from three subcontractors for each trade, provide Tenant with a cost proposal in accordance with Schedule 1 to this Work Letter, including, if Tenant requests, a subcontractor selected by Tenant and reasonably acceptable to Landlord for each trade. The subcontractors selected shall be subject to approval by Tenant. Landlord shall cause Contractor to provide a cost proposal (the “Cost Proposal”) on the basis of the bids selected and a brief summary of the basis of selection for each winning bidApproved Working Drawings, which cost proposal shall include, as nearly as reasonably possible, the cost of all Landlord’s Contribution Items the Total Construction Costs to be incurred, including allowances for items that cannot be specifically quoted at incurred in connection with the time such proposal is preparedTenant Improvements (the “Cost Proposal”). Landlord and Tenant shall approve or reasonably disapprove notify Landlord whether it approves the Cost Proposal in accordance with Schedule 1(such approval not to be unreasonably withheld) within five (5) Business Days after ▇▇▇▇▇▇▇▇’s submission thereof. If Tenant reasonably disapproves the Cost Proposal, Landlord shall cause Contractor to resubmit a new Cost Proposal within 3 business days after receipt of notice of disapproval. Upon Tenant’s approval of the Cost Proposal, then Tenant shall notify Landlord thereof specifying in reasonable detail the revisions to the Approved Working Drawings to achieve the necessary cost savings. Landlord shall revise the Approved Working Drawings to address ▇▇▇▇▇▇’s requested revisions in a manner reasonably acceptable to Landlord and obtain a revised Cost Proposal reflecting such revisions and submit the revised Cost Proposal to Tenant for its review and reasonable approval. Tenant shall notify Landlord in writing whether it approves or reasonably disapproves of the revised Cost Proposal within two (2) Business Days after its receipt thereof. If Tenant again reasonably disapproves of such Cost Proposal, then Tenant shall notify Landlord thereof specifying in reasonable detail the revisions to the Approved Working Drawings to achieve the necessary cost savings and the foregoing revision process shall be released by repeated until Tenant approves the revised Cost Proposal. If Tenant fails to purchase notify Landlord that it approves or reasonably disapproves of the items set forth initial Cost Proposal within five (5) Business Days (or, in the case of a resubmitted Cost Proposal, within two (2) Business Days) after the submission thereof, then, solely at Landlord’s option, Tenant shall be deemed to have approved the Cost Proposal and to commence the construction relating to such itemsin question. The date by which Tenant approves and delivers Tenant’s approval (or deemed approval) of the Cost Proposal to Landlord shall be known hereafter as the “Cost Proposal Acceptance Date”. If the Cost Proposal exceeds Landlord’s Contribution, Tenant may deliver to Landlord the specific written changes to the plans that are necessary, in Tenant’s opinion, to reduce costs. If Tenant desires changes, Landlord shall not unreasonably withhold its deemed approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the plans, and the Cost Proposal as a consequence of such changeExcess Costs resulting therefrom.