Tenant Contractor Rules and Regulations

Transcription

1 1. Introduction Tenant Contractor Rules and Regulations The following set of Construction Rules and Regulations has been formulated to create the most productive work environment for all parties concerned. Your cooperation along with your associates, the Landlord and our associates and other contractors is required and demanded for the success of the project. No infractions to these rules will be tolerated. Any questions or circumstances that may arise regarding these rules or the construction of your premises are to be reported to the Tenant Coordination office immediately. The Tenant Coordination staff is here to help facilitate the construction and opening of your client s store and we will do what is necessary to make this a productive process. To facilitate a productive work environment, the Landlord and its representatives shall have the right to impose fines as outlined in the Tenant Contractor Rules and Regulations. The Landlord and its representatives shall have the right to impose such fines at its own discretion with/or without notice. The Landlord, in it s sole opinion, shall have the right to eject Tenant s Contractor from the premises if said contractor disregards the Tenant Contractor Rules and Regulations or in any other way delays work by Landlord, other Tenant s Contractor, or adversely impacts the operations of the existing center. 2. Project Directory Tenant Coordination, Westfield Corporation, Inc. Suzanne Escabar, Assistant Project Manager, Tenant Coordination Metreon 101 Fourth Street San Francisco, CA Cell: (209) (310) Sescabar@westfield.com Ryan O Nan, On-Site Tenant Coordination Metreon 101 Fourth Street San Francisco, CA Cell: (206) (310) Ronan@westfield.com Government Agencies Building Department City of San Francisco Dept of Bldg Inspection 1660 Mission Street San Francisco, Ca Commercial Plan Check/ Office of Tenant Improvement 2nd Floor 1660 Mission Street San Francisco CA

2 Central Permit Plumbing Inspection Department Building Inspection Department Electrical Inspection Department Disabled Access Department Fire Department Bureau of Fire Prevention San Francisco Fire Department 1660 Mission Street San Francisco, CA (415) Fax: (415) Health Department City of San Francisco Environmental Health Management Dept 1390 Market Street, Suite 210 San Francisco, CA Channing Wong SF Redevelopment Agency San Francisco Redevelopment Agency One South Van Ness Ave., 5 th Floor San Francisco, CA Roel Villacarlos (415) Roel.Villacarlos@sfgov.org Utility Companies San Francisco Water Dept T (415) SBC T (800) San Francisco Public Utilities T (415) Commission Landlord s Contractors: Heating, Ventilating, Air Conditioning Weather Masters 430 North Canal St., Suite 1 South San Francisco, CA (650) (650) EMCOR Service, Mesa Energy Systems Brad Cox Brad_cox@emcorgroup.com (510) Fire Alarm Contractor (Required) Shobo Tilbury Alarm & Detection Sales Consultant tyco Fire & Security SimplexGrinnell San Francisco District Main: Direct: Cell: Fax: ttilbury@simplexgrinnell.com

3 Sprinkler Contractors (Recommended) Allied Fire Protection Kevin Thomas Cosco Fire Protection Sonny Bottan 4577 Las Posita Rd., Suite C Livermore, CA Matt Clayton RCM Fire Exterior Signage (Required) Arrow Sign Company Mark Gastineau th Ave. Oakland, CA (510) (510) (925) (925) (209) mclayton@rcmfire.com (510) ext. 25 Fax: mgastineau@arrowsigncompany.com 3. Labor Practices Tenant s General Contractor shall warrant that Tenant and Tenant s contractors will comply with the instructions of Landlord or Landlord s General Contractor for the purpose of avoiding, ending and/or minimizing labor disputes. This includes, but is not limited to the following items. a) Tenant shall use only union subcontractors. b) Tenant shall adhere to the Employment Equal Opportunity Program please reference Exhibit E.4 of the Rules & Regulations Tenant's Work shall be coordinated with all work being performed or to be performed by Landlord and other occupants of the Shopping Center to the extent that Tenant's Work will not interfere with or delay the completion of any other work. No contractor or subcontractors participating in Tenant's Work shall at any time damage, injure, interfere with or delay the completion of the Building or any other construction within the Shopping Center, and each of them shall comply with all procedures and regulations prescribed by Landlord for the integration of Tenant's Work with the work to be performed in connection with the Building and all other construction within the Shopping Center. Recognizing that Landlord shall be employing union contractors, Tenant agrees to engage the services of union contractors whose employees employed at the job site are members of, or represented by, organizations for the purpose of collective bargaining, to the end that there shall be no labor dispute which would interfere with the operation, construction and completion of the Shopping Center or any other work, and Tenant further agrees to enforce the same condition upon all contractors engaged by Tenant with respect to their subcontractors which may be engaged by any such contractors. 4. Contractor Check-in Procedures The following items are required prior to access to Tenant s space. a) Building Permit

4 b) Proper evidence of Insurance Coverage (requirements as outlined in Section 5) Contractor Deposit (as outlined in Section 6 Contractor Deposit) c) Contractor pays all Landlord Reimbursements in full (as outlined in Section 7) d) Landlord s Final Approved set of Construction Drawings e) Permit set of Approved Construction Documents f) Furnish Construction Schedule (as outlined in Section 8 Construction Schedule) g) Contractor furnishes a list of telephone numbers and addresses for all contacts. This will include contractor's home office contacts, all sub-contractors, emergency numbers and contacts. (Exhibit B is to be fully completed prior to the Construction Orientation Meeting) h) Contractor signs all Exhibits confirming his/her receipt of Construction Rules and Regulations i) Contractor signs and acknowledge Exhibit E.3, Automatic Fines deductible from Construction Deposit for infraction of Construction Rules and Regulations. j) Bonds (if applicable) 5. Insurance Requirements A. Tenant or Tenant s General Contractor shall secure, pay for and maintain, for all periods of construction and fixturing work within the Premises, all of the insurance policies required in the amounts as set forth herein below. Tenant shall not permit its General Contractor or Sub-Contractors to commence any work until all required insurance has been obtained and certificates evidencing such insurance have been delivered to Landlord. B. Tenant s General Contractor s and Subcontractor s Required Minimum Coverage s and Limits to Liability. 1. Worker s Compensation, as required by State law, and including Employer s Liability Insurance with a limit of not less than Two Million Dollars ($2,000,000.00) each accident, Two Million Dollars ($2,000,000.00) each employee by disease, Two Million Dollars ($2,000,000.00) policy aggregate by disease, and any insurance required by any Employee Benefit Acts or other statutes applicable where the work is to be performed as will protect Tenant s General Contractor and subcontractors from any and all liability under the aforementioned acts. 2. Commercial General Liability Insurance (including Contractor s Protective Liability) in which the limits shall be not less than Three Million Dollars ($3,000,000.00) per occurrence combined single limit, bodily injury and property damage. Such insurance will provide for explosion, collapse and underground coverage. Such insurance shall insure Tenant s General Contractor against any and all claims for bodily injury, including death resulting therefrom and damage to or destruction of property of any kind whatsoever and to whomever belonging and arising from its operations under the contract whether such operations are performed by Tenant s General Contractor, subcontractors, or any of their subcontractors, or by anyone directly or indirectly employed by any of them. 3. Comprehensive Automobile Liability Insurance, including the ownership, maintenance and operation of any automotive equipment, owned, hired and nonowned, in the minimum amount of Three Million Dollars ($3,000,000.00) combined single limit, bodily injury and property damage. Such insurance shall insure Tenant s General Contractor and all subcontractors against any and all claims for bodily injury, including death resulting therefrom and damage to the property of others caused by accident and arising from its operations under the Contract and whether such operations are performed by the General Contractor, subcontractors or by anyone directly or indirectly employed by any of them.

5 C. Tenant s Protective Liability Insurance - Tenant shall provide Owner s Protective Liability Insurance insuring Tenant against any and all liability to third parties for damages because of bodily injury (or death resulting therefrom) and property damage liability of others or a combination thereof which may arise from work in connection with the Premises, and any other liability for damages which Tenant s General Contractor and/or subcontractors are required to insure against under any provisions herein. Said insurance shall provide policy limits which shall provide, at a minimum, coverage of Three Million Dollars ($3,000,000.00) combined single limit, bodily injury and property damage. D. Tenant s Builder s Risk Insurance - Completed Value Builders Risk Material Damage Insurance policy covering the work to be performed for Tenant in the Premises as it relates to the building within which the Premises is located. The policy shall include as insureds Tenant, its General Contractor, all subcontractors and Landlord, as their interests may appear. The amount of insurance to be provided shall be at one hundred percent (100%) of the replacement cost. E. All such insurance policies required under this Exhibit, except as noted above, shall include Landlord, its Architect, its Consultant, its General Contractor, subcontractors, and parties set forth in the Lease and any other parties designated by Landlord from time to time as additional insured entities, except the Worker s Compensation Insurance; further provided, said Worker s Compensation Insurance shall contain an endorsement waiving all rights of subrogation against Landlord, its Architect, its Consultant, its General Contractor and subcontractors. F. Certificates of insurance shall provide that no reduction in the amounts or limits of liability or cancellation of such insurance coverage shall be undertaken without thirty (30) days prior written notice to Landlord. G. The insurance required under this Exhibit shall be in addition to the insurance required to be procured by Tenant pursuant to the Lease. Each policy is required to name the following as additionally insured, verbatim Westfield Corporation, Inc., and any and all of their respective, partners, subsidiaries and affiliates, together with any mortgagee from time to time of the Landlord s interest, are named as an additional insured, as their interests may appear. 6. Contractor Deposit A security deposit of $10,000.00, in the form of a Cashier s Check or Company Check will be required upon sign-in. Security deposits are to be made payable by check to Westfield Corporation, Inc., Cash will not be accepted. Access will be denied to the premises until the deposit has been received as stipulated above. Landlord shall reserve the right to deduct costs incurred during the project to complete or perform work on behalf of Tenant(s). Such work shall include but shall not be limited to a) the removal of debris from common areas, b) the removal of equipment / materials from service corridors and/or common areas and c) the repair of damage to landlord s work in common areas. Such deductions shall be made with or without notice to Tenant or Tenant s General Contractor. Upon completion of construction, with all required documentation furnished WITHIN 90 DAYS OF STORE OPENING, the deposit will be returned. Stipulations regarding your deposit are outlined in the following sections. Please note, fines incurred by infractions of any rules and regulations set forth in this document by your employees, sub-contractors or clients shall be deducted from your deposit.

6 7. Landlord Reimbursements Tenant s Contractor shall pay the following Landlord Reimbursements prior to access to the premises; further detail is listed in Exhibit C. Landlord reimbursements are to be made payable by company check or cashier s check to Westfield Corporation, Inc., cash will not be accepted. a) Debris Box Reimbursement b) Temporary Electrical Power Reimbursement c) Temporary Restrooms d) Sprinkler shut down Reimbursement e) Barricade Fees (if applicable) f) Sprinkler Skeleton System (if applicable) g) Other reimbursements for work completed by Landlord for Tenant. 8. Construction Schedule Tenant s Contractor shall furnish a detailed construction schedule in graphic form detailing Tenant s workflow. Essential start dates (including testing/commissioning and city testing) and completion dates are required for all trades. Deliveries of heavy items or in large quantities must be noted on the schedule. 9. General Contractor s Possession of Premises Tenant s general contractor shall survey the premises for Landlord Work that is not complete or in discrepancy with Tenant s Lease documents. Notice, in writing shall be submitted within 48 hours of possession. Upon expiration of the notice period, tenant and tenant s contractor shall have accepted the premises in as-is condition. All work necessary within the premises shall be the responsibility of the tenant and tenant s general contractor. 10. Inspection Information: Critical All project information must include both the Tenant s post office address number. Before any work may commence in the Tenant s Premises the following must have occurred or be completed: 1. All plans must be approved by the City of San Francisco and Westfield and both approved sets must be kept in the premises at all times. 2. All issued permit cards must be posted in the Premises before any work may proceed. Permit must include all disciplines or individual Permits must be acquired for B,M,E&P. 3. Additional Permits may be required. These may include Fire Permit, Sprinkler Permit, Fire Alarm Permit, Health Dept. Permit and a Food Exhaust Suppression Permit (if applicable). 4. All inspections should be scheduled by the contractor or sub-contractor requiring the inspection. 5. Items not included in the Tenant s permitted plans may not be installed or in the premises prior to obtaining a Certificate of Occupancy or Temporary Certificate of Occupancy. These items include: furniture, shelving, merchandise fixtures, equipment, electronic equipment etc. 6. All merchandise and supplies may not be delivered to the site and/or stored in the premises prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy. 11. Tenant Utilities A Gas Meter is required (Tenant supplied and installed), specifications provided by Westfield TC for tenants requiring the service. (food tenants only) A Water Meter is required for tenants with a high daily water usage (food, salons)

7 12. Contractor Work Area and Practices Tenant Contractor s work material and supplies shall be confined to the premises. No work or material is to be conducted on or stored in service corridors, mall common areas or other areas of the building. Each contractor, in addition to their premises shall be responsible for all debris and equipment left in common areas surrounding their premises. Areas will be delineated by extending 15 0 out from any demising line separating premises from common area. It is the Tenant Contractor s responsibility to secure tools, equipment and material within their premises at the end of each day. All trash & construction debris is to be removed promptly each night into Landlord s designated dumpsters. No equipment, materials or debris is to be stored in common areas or service corridors at any time. Tenant Contractor must provide an entry carpet within their space to prevent dust from trailing out to the mall common area. Tenant Contractor shall also be responsible for the mopping and sweeping of common areas free of construction dirt and debris. Tenant and Tenant s contractor shall wear the appropriate attire to prevent injury to their personnel and other persons on the job site. All Tenants and their contractors are required to wear a HARD HAT, HIGH VISIBILITY SAFETY VEST, AND SAFTEY EYEWEAR. Proper footwear and clothing are required within the construction area to prevent injury. Tenant and Tenant Contractor shall protect their work from damage and shall protect the work of other Tenants and Landlord from damage by Tenant, Tenant Contractor and/or employees and sub-contractors. Tenant s work shall be coordinated with all work being performed by Landlord and other tenants work to the extent that Tenant s work shall not interfere with or delay the completion of any other work. No contractor or sub-contractor participating in tenant s work shall at any time damage, injure or interfere with or delay the completion of the building or any other construction within the mall. Each contractor and their sub-contractors shall comply with all procedures and regulations prescribed by Landlord for the integration of Tenant s work with the work to be performed in connection with the building and other construction within the mall. 13. Premises Permit and Documents All Permits, Inspection Sign-off sheets and Permit Construction Documents shall be posted in a secure location within the premises. Such documentation shall be made readily available to Landlord and/or any governing party having jurisdiction upon demand. This procedure has been designated by the Building Department to expedite inspections and sign-off. 14. Loading Zone, Deliveries and Access All Tenant Deliveries are required to arrive in the early AM every morning. Loading dock facilities will not be utilized on this project. Curbside deliveries will need to be coordinated with Westfield Tenant Coordination to ensure deliveries are not turned away. Again, ALL DELIVERIES to be late PM or early AM curbside deliveries to avoid conflicts with downtown city traffic. All Delivery trucks should have liftgates available. Westfield will not have forklifts for tenant use, nor is there storage room available for tenants to have forklifts on site. Tenant s Access and deliveries of material and equipment shall be restricted to service corridors and rear service doors. Delivery of materials and equipment to spaces that do not have rear service doors may be restricted to off-hours. The delivery of casework or equipment too large for access through the rear service door must be coordinated with the Landlord designated representative. Tenant shall be responsible for protecting the building floor with ½ inch plywood when making such deliveries. All materials, equipment, tools, etc. for use in Tenant Construction must be stored within the Tenant space. 15. Trash Removal All construction trash and debris are to be deposited in Landlord s designated receptacles. Trash left outside of the receptacle or use of any other area or receptacle is prohibited.

8 All trash removal is to be conducted through service corridors. All cardboard boxes are to be flattened prior to deposit in Landlord s designated dumpsters. Tenant s premises shall to be broom clean and all trash removed nightly. 16. Use of Service Corridors Service corridors are for the use of all Tenants to transport material and deliveries. No work or storage of material shall be conducted in service corridors. Any items found in the corridors shall be confiscated and a fine will be imposed for each infraction. 17. Parking Zones Parking is not allowed at the Project. Each Contractor / Vendor / Tenant shall make arrangements for their own off-site parking. 18. No Smoking Policy Smoking is prohibited on the premises, common areas or base building construction site. 19. Storefront Barricade Policy Full drywall barricades will be required to separate the Operational Mall area from the Construction area. 20. Prohibited Work / Practices and Hazardous Materials All construction dealing with excessive noise levels shall be performed during off-hours and scheduled with the Tenant Coordination office. Use of toxic substances including floor sealant and paint products shall be scheduled with the Tenant Coordination office and will not be allowed between the hours of 8:00 AM and 10:00 PM of each day. If toxic substances are used during these hours, work will be discontinued and the site will be shut down until approval to proceed work is granted by the Tenant Coordination office and/or OSHA. This complies with California Law B198. Any use of hazardous materials must be scheduled with the Tenant Coordination office and MATERIALS SAFETY DATA provided prior to the start of construction. 21. Temporary Power for Construction The Landlord will provide a source for temporary construction power until the Tenant s power is available in the electrical rooms on each floor. At that point Tenant shall obtain its temporary power via its permanent conductor between the main electrical room and the tenant s space. Tenant s Contractor shall be responsible for securing any wires and/or cables required preventing injury or damage to property and/or persons. Connection to any other source of power is prohibited. Tenant shall cause Tenant s contractor to immediately apply for a temporary to permanent meter for Tenant s premises upon possession of premises. Tenant shall cause Tenant s Contractor to diligently construct all demising partitions and Tenant s electrical system to the minimum requirements necessary to acquire temporary to permanent power. 22. Fire Alarm System All Tenants are required to use the designated base building Fire Alarm Vendor to complete the Tenant s Fire Alarm System. WARNING: It is imperative that Tenant s Contractor do not cut or disconnect any red wiring. Landlord shall install a circuit, Life Safety Circuit, for Tenant s emergency egress lighting only. A J -Box shall be provided within the Premises. 23. Sprinkler System

9 Tenant s Contractor shall hire approved sprinkler contractors. Tenant s Contractor shall be responsible to ensure that all sprinklers are capped and sealed at the end of each night. Any damages to property and/or persons will be the responsibility of the Tenant s Contractor. Any sprinkler work being conducted after 5:00 PM must be scheduled with the Tenant Coordination office. Contact the Mall Management Office for procedures and scheduled drain-down dates and times. 24. Roof Work Tenant shall not perform any work on the roof and will not have access to the roof. 25. Water Proofing All tenants will be required to install a waterproof membrane in the areas of water use, including all toilet room floors. A flood test may be required by Tenant s Contractor at the Landlord s discretion. A five-year warranty is mandatory. 26. Hot Work All work requiring open flames, excessive heat or sparks shall require a Hot Work Permit. This may be obtained through the Mall Management office. Any such work conducted without the permit will be shut down until such permit is obtained. 27. Landlord Punch-list After the Final Building Department Inspection, a member of the Tenant Coordination team will compile the landlord Punchlist. The punchlist must be completed in its entirety within 5 days of issuance. The Superintendant must be present during the completion of the punch-list. All work not completed may, at Landlords option, be completed by Landlord. Costs for such repairs shall be deducted from contractor s deposit and/or Tenant Improvement Allowance. 28. Corrective Work by Landlord If Tenant s Contractor fails to make any needed repairs or replacements within 5 days of written notice, Landlord shall have the option to complete the work at Tenant Contractor s expense. Such work will include but not be limited to trash removal from common areas or the removal of stored items in service corridors. Costs incurred by the Landlord will be deducted from the General Contractor s deposit. 29. Close-out Package requirements The following items will be required as a Closeout Package to be submitted to the Tenant Coordination office at Wilshire Blvd. 14 th Floor, Los Angeles, CA 90025, WITHIN 90 DAYS OF STORE OPENING in order receive the return of Contractor s Contractor Deposit. (See Exhibit E.1 and E.2) a) Copy of the Original Temporary and Final Certificate of Occupancy b) Copy of all inspection sign off sheets c) All required Warranties d) Full set of Construction As Built Drawings e) Air Balance Report f) Completed Landlord Punchlist g) List of all sub-contractors and contract amounts h) Original notarized Unconditional Lien Waivers from all Sub-contractors i) Original notarized Unconditional Lien Waiver from General Contractor

10 Exhibit A Tenant Contractor Orientation Checklist Date: Contractor: Space #: Project Mgr.: Tenant: Superintendent: Sq. Ft. Superintendent: Building Permit (B,M,E,P, CDDD, Fire Permit, Fire Protection/Fire Alarm) Insurance Certificate (each policy is required to name the following as additionally insured verbatim) Westfield Corporation, Inc., and any and all of their respective, partners, subsidiaries and affiliates, together with any mortgagee from time to time of the Landlord s interest, are named as an additional insured, as their interests may appear. Deposit ($10,000.00) Landlord Reimbursement Payment Landlord s Final Approved set of Construction Drawings Permit set of Approved Construction Documents Construction Schedule Contact List Copy of Bond (if required) Construction Rules and Regulations CASH WILL NOT BE ACCEPTED, PROVIDE COMPANY CHECKS OR MONEY ORDER PAYABLE TO WESTFIELD CORPORATION, INC. ATTACH CHECK HERE. Name: Name: Westfield Corporation, Inc. Signature: Date: Signature: Date:

11 Construction Contact Sheet - PART 1 Exhibit B Construction Contact Sheet - PART 1 Space No.: Tenant Name: Contractor Main Office Tel. Main Office Fax: Project Mgr. Office Office Cellular/ Pager: Superintendent: Field Field Cellular / Pager: Sub-contractor / Supplier Listing Contract Amt.: Contract Amt.:

12 Construction Contact Sheet - PART 2

13 Exhibit C Landlord Reimbursements Date: Contractor: Space #: Project Mgr.: Tenant: Superintendent: Sq. Ft. Superintendent: The following fees are to be paid prior to the possession of premises and start of construction. A Company check in the specified amount is required. $ Sprinkler Shut Down Reimbursement to Landlord $ Tenant Electrical Switch-gear breaker / fuse $ Mall flooring Reimbursement to Landlord ($?? / s.f. reimbursement for the first linear feet of tile 1 foot forward of your lease line) $ Temporary Power $ Trash/ Dumpsters $ Temporary Sanitary $ Grease Interceptor $ HVAC $ $ $ $ TOTALS CASH WILL NOT BE ACCEPTED, PROVIDE COMPANY CHECKS OR MONEY ORDER PAYABLE TO WESTFIELD CORPORATION, INC. ATTACH CHECK HERE. Name: Signature: Date: Name: Signature: Date: Westfield Corporation, Inc.

14 Exhibit E.1 Tenant Contractor Return Deposit Form ***ALL CLOSE-OUT DOCUMENTS MUST BE RECEIVED BY THE TENANT COORDINATION OFFICE IN LOS ANGELES, CA NO LATER THAN 90 DAYS FROM STORE OPENING.*** Tenant Name/Space#: Contractor: Attention: Main Office Tel. Main Office Fax: Copy of the Original Certificate of Occupancy Copy of all inspection sign off sheets Full set of Construction As Built Drawings Air Balance Report Completed Landlord Punchlist List of all sub-contractors and contract amounts Original notarized Unconditional Lien Waivers from all Sub-contractors Original notarized Unconditional Lien Waiver from General Contractor Exhibit E.2 Tabulation TOTAL DEPOSIT : $ TOTAL FINES & DEDUCTS: $ TOTAL RETURN: $ Name: Name: Westfield Corporation, Inc. Signature: Date: Signature: Date:

15 Tenant Contractor Infraction Log - Page 1 Exhibit E.2 Tenant Contractor Infraction Log Space No.: Project Mgr. Tenant Name: Office Contractor Office Cellular/ Pager: Main Office Tel. Superintendent: Main Office Fax: Field Cellular / Pager: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature:

16 Exhibit E.3 Fine Acknowledgement Affidavit Space No.: Project Mgr. Tenant Name: Office Contractor Office Cellular/ Pager: Main Office Tel. Superintendent: Main Office Fax: Field Cellular / Pager: The undersigned general contractor acknowledges and shall accept all liability for the workmanship, conduct and actions of his/her employees, subcontractors and representatives. All employees, subcontractors and representatives shall abide by the Rules & Regulations set forth by Landlord, copy of which has been received and its receipt acknowledged by General Contractor. General Contractor further acknowledges the following fines which may be imposed by Landlord for the infraction of said Rules and Regulations by General Contractor and/or its employees, sub-contractors and/or representatives. a) Storage of materials, tools and/or debris in service corridors or other nonauthorized locations. $ / infraction or day b) Use of non-approved carts on common area finishes. $ / infraction c) Parking of vehicles and/or equipment in restricted locations. $ tow fees d) Use of non-approved sub-contractors for Fire Alarm work. $ / infraction e) Other non-listed violations. $ to $ Name: Name: Westfield Corporation, Inc. Signature: Date: Signature: Date:

17 Exhibit E.4 Equal Opportunity Program Requirements Summary Construction - Metreon Tenant spaces with a leasehold area greater than 500 square feet must comply with the Equal Opportunity Program (EOP) as stipulated in Attachments 13 to the Land Disposition Agreement (LDA). The following is a summary of the EOP requirements as related to tenants, general contractors, sub-contractors and construction workforces: 1. The tenant and/or their respective contractor(s) will make and document good faith efforts to achieve the program goals of 31% MBE and 10% WBE for Construction Contracts, 14% MBE and 17% WBE for Design and Professional Services Consultants and 25.6% Minority, 6.9% Female and 50% local resident for construction workforces. First consideration shall be given to local M/WBE s. 2. Not less than 30 days prior to a bid date or selection of contractors, the tenant representative or contractor will advertise for M/WBEs interested in competing for the Contract. A sample advertisement is attached. 3. The 2004 directory of registered minority-owned professional and personal service consultants should be utilized as a source for Minority/Woman-owned Construction Contractors and Truckers. 4. Outreach to potential bidders and documentation of good faith efforts made during the bidding process must be performed. Contracting with a consultant is recommended for those without prior experience in this area. 5. Not less than 15 days prior to a bid date or selection of contractors, the tenant representative or contractor must hold a pre-bid meeting and invite the San Francisco Redevelopment Agency (SFRA) Compliance Specialist and Westfield EEO Compliance Manager to attend. 6. Within 10 days of awarding a contract, the tenant representative or contractor must provide the SFRA with a summary of scope, dollar amount, name of company being awarded the contract and related contact information and contractor license numbers. 7. A pre-construction meeting must be held prior to the start of any construction. The SFRA must be advised of this meeting, and may attend at their discretion. 8. Certified payrolls must be recorded and submitted weekly to the SFRA throughout the duration of construction. 9. Attachment 13 describes good faith documentation for which each tenant and/or general contractor will be responsible. This includes a report summarizing the bid process, documentation of advertisements and contacts with M/WBEs, descriptions of any assistance provided to M/WBEs, documentation of efforts to encourage lower tier participation (labor, material vendors, delivery, etc.). 10. The construction site is visited weekly by an agent representing the SFRA. He or she will look for diversity among the workforce and may ask for changes in this workforce diversity at his or her discretion. Note: Attachment 13 should be consulted for a comprehensive description of the Equal Opportunity Program. Please contact Suzanne Escabar, Assistant Project Manager, should you have any questions or require additional information. Suzanne Escabar Westfield Corporation 101 Fourth Street San Francisco, CA Sescabar@westfield.com (209) Roel Villacarlos, Contract Compliance Specialist San Francisco Redevelopment Agency 770 Golden Gate Avenue San Francisco, CA Roel.Villacarlos@sfgov.org (415) EOP Contact Information

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