Building Codes. BOCA / Simon Tenant Construction Manual. Plumbing: National Standard Plumbing Code as modified /Simon Tenant Construction Manual

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1 Building Codes General Contractor shall be responsible for obtaining all necessary approvals and permits, and for compliance with all Federal State and Local codes and ordinances for each occupancy type. It is the sole responsibility of the design professional to determine all applicable codes and their most recent modifications. At the time these criteria were issued the following codes were applicable: Building: BOCA / Simon Tenant Construction Manual Plumbing: National Standard Plumbing Code as modified /Simon Tenant Construction Manual Electrical: National Electrical Code as modified/ Simon Tenant Construction Manual Mechanical: ASHRAE / Simon Tenant Construction Manual Barrier Free: Barrier free code provisions Health: As issued by local County Health Department 1

2 Construction Rules 1. CHECK-IN All contractors are required to check in with the Mall Manager before beginning work. Contractors will not be permitted to start work until they: a) Furnish proper evidence of required insurance coverage. b) Sign for and take possession of keys to service door of premises (if any) and acknowledge proper installation and operation of said service door. c) Furnish names and phone numbers (office and home) of contractor s supervisory personnel and all prime subcontractors. d) Acknowledge receipt of a copy of these Construction Rules. e) Have secured all required permits from all applicable building code authorities. f) The general contractor shall be required to give Landlord a $2, security deposit, in the form of a certified check, prior to the general contractor s admittance to the premises and the commencement of demolition/construction/renovation (hereinafter construction ). Landlord shall not be required to deposit the security deposit into an interest bearing account. During the construction process, Landlord s representatives will inspect the premises to determine whether the construction meets mall standards. Should the construction meet mall standards, the full amount of the security deposit will be returned. If it is determined that the construction does not meet mall standards, the general contractor will be instructed to make the required modifications before the security deposit is returned. These modifications must be completed within thirty (30) days after Landlord s instructions, to the satisfaction of Landlord. If the modifications are not satisfactory to the Landlord, the Landlord, at its option, may hire an independent contractor to complete the modifications and Landlord will deduct the costs of said modifications from the security deposit and will pay the independent contractor said costs out of the security deposit. A twenty percent (20%) administration charge shall be 2

3 added to the independent contractor s invoice to reimburse Landlord for its work, which shall also be deducted from the security deposit. The balance of the security deposit will be returned to Tenant s general contractor. In the event the total cost of said work by the independent contractor and Landlord exceeds the amount of the security deposit, Tenant shall reimburse Landlord the amount of such total cost which exceeds the amount of the security deposit within thirty (30) days of Tenant s receipt of an invoice therefor. Landlord shall also be permitted to pursue Tenant for collection of said costs pursuant to the terms and conditions of the Lease. g) Contractor Will Provide cut sheets for all materials used in the space and they must state asbestos free. Contactor will leave a set of as-builts at the store in a container attached to the wall at or near the electrical breaker boxes. This will be in addition to a set of as-builts that are to be provided to the mall. 3

4 2. INSURANCE REQUIREMENTS Each and every Contractor shall provide evidence of the following in-force insurance coverage before commencing any work on the project: A) Comprehensive Liability Insurance (including complete operations and auto and truck): B) $2,000,000 Personal Injury C) $2,000,000 Property Damage D) Worker s Compensation and Employer Liability coverage in the statutory limits E) Builder s Risk Insurance F) Multi-peril, in full amount of Contract G) Auto coverage of $1,000,000 Combined single limit All policies shall name the following as additional insureds : Bangor Mall LLC Simon Property Grpi[ The insurance certificate should be mailed to: Simon Property Group BANGOR MALL MANAGEMENT 663 Stillwater Ave. Ph: (207) Fx: (207) All policies shall provide for 30 days prior written notice of expiration or cancellation to the additional insureds. 4

5 3. WORK AREA All of contractor s work, storage of materials, construction office, etc. must be confined within Tenant s leased premises. 4. DELIVERIES Deliveries of construction materials and supplies will be made through designated entrances and routes only. The Operations Director will establish delivery routes which may be subject to change. All deliveries shall be made prior to 9:00a.m. Unless prior consent is obtained from the Mall Manager or Operations Director. All construction materials will be stored within the tenant space at ALL times. 5. SERVICE CORRIDORS Service corridors shall be kept clear of materials, equipment, debris and trash at all times. The Mall will clear service corridors of any and all such items and Tenant will be responsible for removal costs. No materials of any type may be brought through glass entrance doors. 6. TRASH REMOVAL Contractors and all sub-contractors and suppliers are required to remove trash and construction debris from the premises to there construction dumpster daily. Accumulations of Tenant trash and debris within the store, in the mall, in service corridors or loading courts will be removed by the Mall at Tenant s expense if not cleaned up by 9:00am. Placement of all waste containers will be cleared through the Operations Director. 7. PARKING Parking for construction personnel will be permitted in designated areas only, as defined by the Operations Director. NO overnight parking of any vehicles or trailers without prior written permission. A permit will be issued and you must place it in the front left portion of the window so it is visible. Vehicles left will be towed at the owner s expense. 8. LOADING COURTS To the greatest possible, loading courts will be kept open for deliveries. Parking is strictly prohibited. Vehicles delivering materials or merchandise must be completely unloaded at curb side and moved out. Unattended vehicles in loading courts will be tagged or towed at the expense of the Contractor being served by the vehicles. 9. TEMPORARY UTILITIES AND SERVICES 5

6 a. Electricity tenant s electrical contractor should immediately commence installation of Tenant s electrical system so that permanent electrical power may be provided. Electric consumption thereafter will be billed on the basis of electrical meter readings. b. Water Contractor must have a meter installed by the city before any water may be used. The city will prosecute for theft of services if you do not have a meter installed. Installation must follow city specs as enclosed. c. Telephones pay telephones are available in the mall entrances and by the restrooms. 10. FIRE PROTECTION Contractor shall provide fire extinguishers within the premises as required by insurance company and/or public safety officials. Hot Work: Permits will be issued by the Operations Director for all hot work being completed. You must have a qualified person on fire watch at all times hot work is being completed. In the event you fail to have a person on fire watch you will be shut down from all work and a mall employee will be provided for all hot work fire watches at your expense. A mall employee on fire watch will be billed to the contractor at the rate of $75.00 per hour Monday Friday 8:00am to 4:00pm. The rate for after hours and weekends will be $ per hour with a four hour minimum. 11. TEMPORARY STOREFRONT BARRICADE A barricade will be constructed by mall maintenance, should Tenant s contractor require a specific size bump out they are required to inform Mall Management prior to the erection of the barricade. This barricade and any graphics that are applied will be charged back to the contractor. 12. UNDERSLAB WORK All cutting of existing concrete floors shall be done with proper masonry saws. Use of pneumatic jackhammers is not permitted. Rebar must be used pegged and tied before trench is filled back in. Concrete used to infill the floor shall be 3,000 psi and shall be installed to match and meet adjoining surfaces. Wet concrete must be brought through service doors only. It may not be brought through the mall without prior approval of the operations director and without extensive protection of the existing mall floor. Mall operations must inspect rebar before the hole is filled and after to ensure that it meets our specs. Failure to comply will result in taking the section up and repouring. 13. WORK PRACTICES 6

7 Conduct and work practices of construction or other workers in Tenant spaces must be consistent and compatible with that expected by Mall Management. There is to be no smoking within the mall (including undeveloped stores) by anyone. If it is determined that conduct or work practices are inappropriate, Tenant shall be responsible for the termination of those practices or the removal of those workers from mall property. 14. USE OF MALL For security reasons, access to the mall shall at all times be subject to control by the Mall Management. Areas to be used by Tenant contractors and their employees for meals, rest breaks, etc., shall be designated by Tenant with Landlord s approval and shall be separate from public mall areas. 15. PROTECTION OF WORK AND PROPERTY Tenant and Tenant s Contractor shall protect their work from damage and shall protect the work of other Tenants and Landlord from damage by Tenant, Tenant s Contractor and their employees and subcontractors. 16. STRICTLY PROHIBITED WORK AND PRACTICES The following are strictly prohibited: a) Use of any combustible materials above finished ceiling or in any other Concealed, non-sprinklered space. b) Imposing any structural load, temporary or permanent, on any part of the Landlord s work or structure without the approval of Landlord. c) Cutting any holes in Landlord-installed floor slabs, walls or roof without proper approvals from Landlord and conformance with instructions herein and property construction procedures. d) Loud or noisy tools being used from 9:00am to 9:00pm.I.E. Chop saws, skill saws, hammer drills, masonry saws or metal cutting saws. e) Liquid of any type being dumped down storm or sewer drains outside. f) Profanity or racial slurs. g) Metal tires or wheels on the mall floor at any time 17. MANDATORY REQUIREMENTS a) The superintendent of the job will be on site at all times work is being done. If this is not adhered to 100% of the time the job will be shut down until he returns. 7

8 b) The Tenant Construction Manual will remain on site at all times. c) All persons on the job site will display a Kravco / Simon Badge at all times d) After a second noise complaint the contractor may be required to do all work after hours e) Contractor will contact mall operations to sign off on each item of the contractor check list. Failure to do so will result in having to take apart work completed to prove it is to mall specs. This will be done at the contractor s expense. f) All demising walls will be insulated for sound per City code enforcement request. 18. SAFETY AND PPE s a) eye protection will be worn at all times on the job b) Double eye protection will be worn when cutting or grinding sparks may occur. c) Safety boots will be worn at all times. NO SNEAKERS d) Hard hats will be worn when any over-head work is being done SAFETY AND PPE s CON T e) Minimum of 4 sleeved shirts must be worn on the job site at all times f) Ear protection when any loud work is being done 8

9 CONTRACTOR ACKNOWLEDGEMENT I have read, understand and agree to observe the above Construction Rules, Numbers 1 through 18. Contractor: By: Date: Working in Store No.: 9

10 CONTRACTOR CLOSE-OUT PROCESS 1. The contractor is responsible for the Close-Out process. The following steps must be accomplished before the Construction Account can be closed: a) The store must be 100% complete, in accordance with the approved plans and specifications, and must be open for business. b) The contractor must have obtained all required Certificates of Occupancy from any governing agencies having jurisdiction. h) The contractor must have made payment of all construction charges due. Construction charge shall include, but are not necessarily limited to the following: 1. Rear Door Sign 2. Any items required and requested by the Tenant, that the Lease designated to be at Tenant s expense. 3. Any other work performed by Landlord for Tenant at Tenant s request and with Tenant s authorization. 4. Necessary removal of Tenant construction, fixturing or merchandising trash. 5. Repair of any damage to Landlord s construction caused by Tenant, its agents or contractors. 6. Sprinkler shut downs 7. Mall tile 2. Payment of construction charges must be made within 30 days of receipt of the statement in accordance with the terms of the Lease. Contractor Close-Out Process (Continued) 3. If the Lease contains provision for a construction allowance, Landlord may, at its option, deduct the full amount of the construction charges from 10

11 the allowance. If Landlord chooses this option, its allowance payment to Tenant shall be accompanied by a detailed statement of the construction charge deduction, along with copies of back-up material. 11

12 PROJECT PERSONNEL & MUNICIPAL / UTILITY CONTACTS Bangor Mall General Manager James Gertey Bangor Mall 663 Stillwater Ave. (207) Ooperations Director Brad Medling Bangor Mall 663 Stillwater Ave. (207) Mall Management Office Lisa Tracey, Admin. Bangor Mall 663 Stillwater Ave. (207) Building Inspection Mark Marquis City Hall 73 Harlow St. (207)

13 Health Department Brenda Bilotta City Hall 73 Harlow St. (207) Fire Department John Mickel, Fire Inspector Bangor Fire Department 289 Main St. (207) Electric Service BY LANDLORD Telephone Service Verizon Gas Service Bangor Gas 13

Construction of the Leased Premises

Construction of the Leased Premises Pre-Construction Requirements Construction Start The Tenant is required to commence construction no later than fourteen days after receipt by the Tenant of approved