Tenant Construction Manual. Old Orchard

Transcription

1 Tenant Construction Manual Old Orchard

2 1. Introduction Tenant Construction Rules and Regulations The following set of Construction Rules and Regulations has been created to facilitate the most productive work environment for all parties given the fact that you will be working in a functioning shopping center. Your cooperation along with your associates is required for the success of the center as well as your project. Any questions or concerns that may arise regarding these rules during the construction of your space should be brought to Westfield management immediately. Westfield s management staff is here to help facilitate the construction and the opening of your client s store and we will do whatever is necessary to make this a productive process. 2. Project Directory Westfield Tenant Coordination Team Tenant Coordinator Caroline Creamer (847) Facilities Manager Allison Bykowski (847) District General Manager Tim Geiges (847) Chief Engineer Tony Gvozden (847) Government Agencies Building Departments Village of Skokie Department of Buildings Building Inspector: Mech./Ele. Inspect: Plumbing Inspector: Water Inspector: Health Inspector: Steve Klocko (847) Eric Johnson (847) Robert Samson (847) Gene Scheer (847) Ext Bruce Jones (847) Ext Fire Department Bureau of Fire Prevention, Skokie Fire Department Fire Inspector: Capt. Robert Reichert (847) Ext. 5347

3 Utility Representatives Electric ComEd Contact Name: Kevin Wright (630) cell Change Service (800) Gas Nicor Gas Gas New Meter Nicor Gas Telephone AT & T Water Service Village of Skokie New Service Contact Name: Contact Name: Contact Name Contact Name: Brian Ries (866) cell N/A (888) NICOR4U Maria Gal (847) mgal@aglresources.com N/A (800) Gene Scheer (847) Ext Landlord s required contractors: Sprinkler F. E. Moran, Inc. Contact: Kevin Lima (847) (847) Roofing Olsson Roofing Contact: Vince Frey (630) (630) Waste International Environmental Management Inc. (Waste Management) Contact: Gail Reynolds greynol5@wm.com (855) x3985 Contact: Steve Dodd sdodd@wm.com (855) Life Safety Fox Valley Fire & Safety Contact: Dave Matousek (847) (847) Pre-Construction Meeting Prior to the start of construction, a mandatory pre-construction meeting between Westfield Management and the General Contractor must be held. This meeting must be scheduled at least three days prior to the proposed start date. General Contractor s Site Superintendent must be present at the pre-construction meeting. If Site Superintendent is replaced during construction, a new construction meeting must be held before work can resume.

4 At Westfield s request, all subcontractors must also attend the pre-construction meeting. General Contractor must bring the following documents to the pre-construction meeting: Building Permit including any municipal, county, state or federal permits General Contractor insurance certificate w/ appropriate coverage amounts and additional insured provision (as outlined in Section 4) Hold Harmless Agreement signed by General Contractor (see attachment) Tenant insurance certificate w/ appropriate coverage amounts and additional insured provision pursuant to the Tenant s lease Contractor Construction Deposit (as outlined in Section 5) Permit set of Landlord, final, approved, stamped, construction drawings Construction Schedule with project delivery date (as outlined in Section 6) List of telephone numbers and addresses for all contacts, including contractor's home office contacts, all sub-contractors, emergency numbers and contacts (see attached Exhibit B) Exhibit A and Exhibit C signed by General Contractor (see attachments) Contact information for Site Superintendent (including cell and home telephone numbers) 4. Insurance Requirements A. Tenant shall not permit its General Contractor to commence any work until all required insurance has been obtained and certificates evidencing such insurance have been delivered to Landlord. General contractor must also sign and return the attached hold harmless agreement. B. Tenant s General Contractor s and Subcontractor s Required Minimum Coverage s and Limits to Liability as defined herein and in accordance with Tenant s lease. 1. Worker s Compensation, as required by State law, and including Employer s Liability Insurance with a limit of not less than One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each employee by disease, One Million Dollars ($1,000,000.00) 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 Five Million Dollars ($5,000,000.00) 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 there from 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 non-owned, 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. 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

5 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 Five Million Dollars ($5,000,000.00) 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, 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 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 Old Orchard Urban Limited Partnership, Westfield America, Inc., Westfield America Limited Partnership, and Westfield Property Management LLC, and any and all of their respective parents, partners, subsidiaries, affiliates, employees, agents, officers and representatives, together with any mortgagee from time to time of the Landlord s interest, are named as an additional insured, as their interests may appear. Certificate Holder: Westfield Property Management LLC 4905 Old Orchard Center Suite 066 Skokie, IL Attn: Insurance Dept. 5. Contractor Deposit A construction deposit of $5,000 (of which $2,500 is non-refundable), in the form of a cashier s check made payable to Westfield Old Orchard, will be required upon sign-in. Access will be denied to the premises until the deposit has been received as stipulated above. 6. Construction Schedule General Contractor shall furnish a detailed construction schedule in graphic form detailing workflow. Essential start dates and completion dates are required for all trades. Deliveries of heavy items or in large quantities must be noted on the schedule. Access to loading zones and freight elevators will be limited and must be scheduled in advance with the Facilities Manager. 7. Tenant Utilities Tenant or Tenant s General Contractor must transfer all utility services into Tenant s name prior to the start of construction. Contact information is provided in Section 2. Tenant is required to apply for and install an electric meter. If there is an existing meter that is sized appropriately, tenant must have such service placed in its name. Natural gas meter is required should tenant s use require the use of natural gas.

6 Water meter is required for all tenants that have any water usage. If there is an existing water meter, it must be removed and returned to the Facilities Manager; a new water meter must be installed. Meter or remote analog reader cannot be installed greater than 6 ft above floor. Location of meter and/or remote reader must be approved by the Facilities Manager. Water meter must be manufactured by Neptune or Trident with a cast bronze body; it must be sized for tenant s flow rate. 8. Contractor Work Area and Practices General Contractor must conduct its labor relations / relations with its employees and sub-contractors in such a manner as to avoid strikes, picketing and boycotts of, on or about the job site and / or the Mall. Any major noise which in Westfield s sole discretion may interfere with adjacent tenants must be done after mall hours or prior to 8:00 AM. All contractors must be union. Additionally, all workers are to be informed that work breaks should be taken inside the work area, in the court yards, or in any area that is deemed as an eating establishment. For the convenience and safety of our patrons workers may not congregate in the mall interior area. Workers are to be informed that they are to follow the directives of the tenant coordination team or security staff. Any worker found to be in dispute with mall patrons or staff will be escorted from the premises. Tools, work material and supplies shall be confined to the premises. No work or material is to be conducted on or stored in service corridors or mall common areas. It is the General Contractor s responsibility to secure tools, equipment and material at the end of each day. General Contractor must provide an entry carpet within their barricade to prevent dust from trailing out to the mall common area. General Contractor shall also be responsible for the mopping and sweeping of common areas free of construction dirt and debris. Tenant and General Contractor shall wear the appropriate attire to prevent injury to their personnel and other persons on the job site. Hard Hats are strongly recommended. Proper footwear and clothing are required within the new construction area to prevent injury. Tenant and General Contractor shall protect their work from damage and shall protect the work of other Tenants and Landlord from damage by Tenant, General Contractor and/or employees and sub-contractors. Tenant and General Contractor shall ensure that the workplace is in strict compliance with OSHA and Mall safety guidelines. Where there is dispute between OSHA and Mall safety guidelines, the stricter guideline shall be enforced. $ fine will be imposed for each infraction. 9. Permit and Documents All Permits, Inspection Sign-off sheets and Permit Construction Documents shall be posted securely in the premises. General Contractor shall notify Westfield Management when inspectors arrive for Building and Fire final inspections. 10. Loading Zone and Deliveries Absolutely no deliveries can be made through the common areas of the mall during the hours of operation. All loading and unloading of materials will be restricted to Landlord designated areas only. No vehicles are to be left unattended, such vehicles will be towed at owner s expense. Only designated freight elevators are to be used for transport of delivered materials. Common areas, escalators, passenger elevators and freight elevators servicing the operational mall are never to be used. Only carts or dollies with air filled or soft rubber wheels will be allowed in the interior mall. All large deliveries or deliveries of heavy items are to be scheduled in advance with Westfield management. Loading and off loading areas are limited; if your loading or off loading requirements are in excess of ½ hour it must be scheduled in advance or the truck will be turned away. All delivery companies should have the Contractor s telephone number and alternate numbers.

7 11. Trash Removal Trash removal is the responsibility of the contractor. Use of mall compactors is prohibited. Coordination for disposal may be made through Steve Dodd at Waste Management (International Environmental Management Inc). (855) Dumpster placement shall be spotted by the Facilities Manager. No debris may be stored in the common areas. $ fine will be imposed for each infraction. 12. 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. $ fine will be imposed for each infraction. 13. Parking Zones Landlord has designated parking for Tenant s contractor and subcontractors (see attached site plan). Contractor s vehicles parked in No Parking Zones, Loading Zones and/or in non-designated areas will be towed at vehicle owner s expense. $ fine will be imposed for each infraction. 14. Work Hours Interior work may occur 24 hours a day. Noise that can bother neighboring tenants is limited to non-operating hours; however; construction projects within the Foodcourt may require various additional operating approvals by Mall Management. Before and after hours work will need to be coordinated with the Engineering, Management, and Security departments before such work commences. 15. No Smoking Policy Smoking is prohibited on the premises, common areas or base building construction site. 16. Storefront Barricade Policy At Westfield s option, barricades will be constructed by Westfield at General Contractor s expense. All questions regarding barricade graphics requirements must be submitted to Tenant Coordinator before installing the barricade. Barricades requirements are as follows: Barricade must be constructed of exterior-rated plywood that will not warp or delaminate with a smooth grade and not textured. All exterior wood surfaces must be fully primed and painted on all exposed surfaces including the edges and backs with good quality primer/paint designed for wood surfaces to ensure good adhesion under exterior weather conditions. Paint Specifications: Glidden, exterior latex, semi-gloss finish, Fauna. ID 10YY 18/074. All plywood joints need to be screwed down to framing to eliminate bowing and warping. Install wind bracing as necessary to stabilize the barricade. Barricade must be full height, to bottom of canopy or top of parapet wall. Barricade to be 5 from storefront. Top of the barricade should have a solid lid to contain noise, conditioned air, and weather. If the barricade is open to the atmosphere, top edge shall be level and secured structurally to the building. At no time whatsoever will sandbags or water barrels be allowed. Paver flooring inside the barricade must be protected.

8 Doors are allowed on the barricade if the premises does not have a back door. Door must be pre-hung, finished, & trimmed. General Contractor must provide Facilities Manager with a key to the premises. Barricade graphics are required and must be approved by Westfield. Graphics must be installed within 72 hours of barricade installation. Fines of $500/day will be levied after 72 hours. Barricade graphics must be full wrap and must include the following: Store name and opening date on graphic returns Website or address for employment opportunities Language related to open location in mall during construction if applicable, i.e. Visit our Existing Store near Nordstrom. 17. Door Name & Address General Contractor needs to have store name and address painted on back door. The address on the front door area should be applied with the proper address sticker. Exact location must be approved by the Facilities Manager. 1 inch letters for metal rear doors 3 inch height white block letters, Arial font, installed on the inside lower right side of the storefront, 2½ from bottom of glazing to bottom of letters. Furthest glazing panel on the right, right justified. Not on doors, glazing panel only 18. Quality of Workmanship General Contractor s work shall be performed in a through, first class and workmanlike manner and shall be in good usable condition at the date of completion thereof. If in Westfield s judgment, the General Contractor s work is not completed in a first class and workmanlike manner, Tenant will not be allowed to open until said discrepancies are corrected. 19. Supervision General Contractor shall provide a full-time supervisor on site at all times when construction is being performed in retailer s space. Failure to comply will result in immediate work stoppage until such time as said supervisor is present. 20. Approved Design Retailer s store shall be constructed in accordance with the plans, which have been approved by the Tenant Coordinator. These plans will comply with all city, county, and state rules, ordinances and regulations relating thereto. If the store has not been constructed in accordance with said plans, the retailer shall not be permitted to open the store for business based on the obligations under the retailer s lease. A copy of said plans must be kept on the job-site at all times during construction. 21. Building Permit Retailer shall apply for all permits, coordinate building department submittal and pay all associated fees. Retailer shall apply for, and obtain all approvals and permits from the local health department if required. Building permit shall be posted in retailer s space before any work begins (i.e., demolition, rough framing, rough plumbing or electrical). A copy of the permits must be on file with the mall management office before work starts, and a copy must be placed in clear sight within the job space. 22. Security

9 General Contractor shall ensure the security of premises by whatever measures it deems necessary including the re-keying of all locksets. 23. Sign Posting Retailer s contractor or subcontractors will not be allowed to post any signage containing the name or advertising of their firm to any part of the barricade, Shopping Center or premises at any time. Landlord reserves the right to post a Notice of Non Responsibility on any entry into space as required by retailer s lease. Landlord may also post Coming Soon signs on the front of the retailer barricade. 24. Tool Loan Contractor must always use their own tools and equipment. At no time will the landlord rent or loan tools or equipment to the contractor or subcontractor. If the Landlord s tools or equipment are found in the possession of the contractor or subcontractor, a fine will be assessed. (i.e., gray whales, trash bins, flat carts or ladders). $ fine will be imposed for each infraction 25. Request for Information Any question requiring clarification relating to the construction project should be sent to the tenant architect in a request for Information (RFI) for an answer. If the question relates to the Landlord, then the RFI should be sent to the Landlord s Tenant Coordinator for an answer. 26. Public Restrooms Contractor and subcontractors are not to use public restrooms to clean their tools. General Contractor must supply a temporary restroom facility in location to be approved by Facilities Manager. 27. Prohibited Work / Practices and Hazardous Materials Landlord reserves the right to not allow the use of any substance the Landlord believes may be hazardous when used in the shopping center. Use of toxic substances including floor sealant and paint products shall be scheduled with Westfield management 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 Westfield management and OSHA. Any use of hazardous materials must be scheduled with the Facilities Manager Material Safety Data Sheets must be provided prior to the start of construction. $ fine will be imposed for each infraction. 28. Temporary Power for Construction Landlord may provide a source for temporary construction power. General Contractor shall find a connection with the approval of Landlord. General 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. The temporary power source is not to be used as a power source to power the entire store. Temporary power is for construction only and permanent power should be established as soon as possible. Temporary power will be billed at $ per day. 29. Fire Alarm System

10 General Contractor is required to use the designated base building Fire Alarm Contractor (as detailed in Section 2) to complete all Fire Alarm work within Tenant s premises at Tenant s cost. Existing fire alarm devices must be deactivated while work is occurring. Any false alarms will result in fines. Architect, General Contractor, and Tenant shall be responsible to ensure that their landlord-approved prints are in compliance with all local fire and life safety ordinances. All alarm wiring conduit and junction box covers must be painted red. It is imperative that General Contractors do not cut or disconnect any alarm wiring. $ fine will be imposed for each infraction. 30. Plumbing Systems Per Village of Skokie Building Department, premises must have a slop sink and drinking fountain. In lieu of a drinking fountain, Tenant can have a signed contract with bottled water supplier. 31. HVAC Systems General Contractor shall submit to the Landlord a certified air and water balance report prepared by an independent certified contractor. Tenant shall not be allowed to open for business until a smoke exhaust test is conducted. If existing AHU is to be reused, the coil must be power washed. Coils on new units must be flushed prior to connection to shopping center systems. Duct work must be hung from the top of all girders and support trusses. A duct detector must be installed on AHU return and supply sides on units exceeding 2,000 CFM. 32. Fire Sprinkler System General Contractor shall hire Landlord s designated sprinkler contractor. General Contractor shall be responsible to ensure that all sprinklers are capped and sealed at the end of each night. The system must be active each night and throughout the weekends. Any damages to property and/or persons will be the responsibility of the General Contractor. At no time, will there be a fire riser shutdown without the approval of Facilities Manager. The shutdown must be approved no later than 9:00 AM for the next business day s work. $ fine will be imposed for each infraction. 33. Roof Penetrations All roof work must be coordinated with Westfield management. General Contractor must use Landlord s required roofing contractor. General Contractor shall provide adequate structural support for all roof openings. General Contractor shall install a non-fading, durable and permanent label with Tenant s name and space number to all roof top equipment serving their space. This shall include but may not be limited to HVAC equipment and exhaust systems. Labels shall be attached to the maintenance panel covers. General Contractor is responsible to ensure all penetrations are made water-tight and weather resistant and that roof is returned to pre-construction condition. 34. Electrical Connections Where applicable, Landlord has provided conduit from the Tenant s premises toe the electrical room. Final connection to Landlord s electrical gear must be coordinated with the Facilities Manager. The electrical meter and any modifications to electrical gear are the responsibility of the Tenant Contractor to procure and install. All low voltage wiring in ceiling (including thermostat, telephone, security and speakers) shall be in conduit with compression fittings only.

11 35. Hot Work All work requiring open flames, excessive heat or sparks shall require a Hot Work Permit. This may be obtained through the Facilities Manager or Chief Engineer. No open flame or welding work can be performed without first obtaining a Hot Work Permit. NO HOT WORK MAY BE DONE WHEN SPRINKLER SYSTEM IS DEACTIVATED. General Contractor is responsible for any damage resulting from hot work. 24 hours notice required. 36. Landlord Punchlist A ceiling punchlist is required with the Facilities Manager prior to closing/finishing the ceiling. After the Final Building Department Inspection, the Westfield Tenant Coordination team will compile the Landlord Punchlist. The punchlist must be completed in its entirety within 5 days of issuance. The Site Superintendent must be present during the completion of the punchlist. 37. Corrective Work by Landlord If General 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 General 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 charged to the General Contractor. 38. Close-out Package requirements The following items will be required as a Closeout Package to be submitted to Westfield Tenant Coordination Team prior to opening the store. a) Copy of the Certificate of Occupancy b) Copy of all Village of Skokie inspection reports c) Copy of fire sprinkler pressure test d) All required warranties e) Full set of construction as-built drawings (on paper and as an electronic file in PDF and CAD format) f) A certified air and water balance report g) Completed Landlord punchlist h) List of all sub-contractors and major material suppliers i) Original notarized unconditional lien waivers from General Contractor and all subcontractors j) Certificate from tenant s architect that construction is ADA compliant k) Certificate from tenant s architect that construction was completed in accordance with Landlord approved plans 39. Mall Pavers Any pavers required for common area or storefront must be purchased from Westfield. Cost for the pavers is noted in Exhibit C. 40. Additional Landlord Requirements

12 If a contractor during the demolition or construction phase observes that a hazardous looking material could be present the following procedures must be immediately followed: General Contractor should immediately contact the Westfield Facilities Manager.

13 Exhibit A Tenant Contractor Orientation Checklist Date: Contractor: Space #: Project Mgr.: Tenant: Superintendent: Sq. Ft. Superintendent: Signed Lease or Early Entry Letter Building Permit Insurance Certificate from Tenant and General Contractor Space is free of all known hazardous substances (ACM, etc.) $5,000 Construction Deposit (of which $2,500 is Non-Refundable) Landlord s Final Approved set of Construction Drawings Permit set of Approved Construction Drawings Construction Schedule Construction Contact Sheet (including all contractors working on this project) General Contractor acknowledges receipt of Construction Rules and Regulations General Contractor acknowledges receipt of Tenant Safety Regulations Westfield Old Orchard Name: Name: Signature: Signature: Date: Date:

14 Construction Contact Sheet - PART 1 Exhibit B Construction Contact Sheet - PART 1 (separate typewritten list acceptable) 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 Contact: Contract Amt. $: Contact: Contract Amt. $:

15 Construction Contact Sheet - PART 2

16 The following fees are to be paid in advance: Exhibit C Fee Schedule $2,500 Refundable Construction Deposit $2,500 Non-refundable Construction Deposit $200 Coordination Fee $100 per day Temporary Electrical Power Per Day $500 Sprinkler Shut Down Per Occurrence $10 per piece Common Area Flooring (pavers) $N/A Construction Dumpster Fee (payable to Westfield s required vendor) TBD Barricade Fee, if LL constructs $1,000 per 25 L.F. Barricade Graphics Fee, if LL has graphic fabricated of barricade $400 Fire Alarm Connection Fee $100 Electric Shutdown Fee $50 per gallon Mall Supplied Paint $50 per roll Mall Supplied Black Window Paper $25 per labor hour Fire Watch During Demolition FORFEIT INCOMPLETE CLOSE OUT PACKAGE Note: Close out package must be returned to Westfield Old Orchard 90 days after retailer opening date. Failure to comply will result in automatic forfeit of Construction Security Deposit (CSD). $500 per day fine if barricade graphic not installed within 72 hours of barricade construction Westfield Old Orchard Name: Name: Signature: Signature: Date: Date:

17 Space No.: Tenant Name: Contractor: Attention: Main Office Tel. Main Office Fax: Exhibit D Tenant Contractor Documentation Copy of the Original Certificate of Occupancy Copy of all inspection sign off sheets Full set of Construction As Built Drawings Certified Air Balance Report Completed Landlord Punch list 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 * Close Out package must be returned to Westfield Old Orchard 90 days after retailer opening date. Failure to comply will result in automatic forfeit of Construction Security Deposit (CSD). Westfield Old Orchard Name: Name: Signature: Signature: Date: Date:

18 Exhibit D1 Tenant Contractor Infraction Log Space No.: Tenant Name: Contractor Main Office Tel. Main Office Fax: Project Mgr. Office Office Cellular/ Pager: Superintendent: 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:

19 Exhibit E Additional Rules and Regulations General Contractor must conduct its labor relations with its employees in such a manner to avoid all strikes, picketing and boycotts of on or about the job site and /or the center property. No storage of any materials or equipment in common areas or service corridors. Storage space is available for rent. General Contractor to supply and install fire extinguishers by every exit and entrance door. All storefront structural steel (lintel, I beam, support steel, etc.) and back doors, to be repainted. Paint color Benjamin Moore Service Bay White 183-1B. Exterior 100% Acrylic Flat. If approved for reuse, neutral piers must be cleaned to remove caulk, stains, paint, mortar, etc. All new neutral piers installed must be approved by Tenant Coordinator for proper design and installation. Pavers are available through Facilities Manager at $10.00 per paver (per Exhibit C). Contractor must pay for pavers in advance. A request for the amount of pavers to purchase must be in writing. Upon approval of the Facilities Manager and substantial completion of storefront, the barricade can be removed. Windows must be papered black. General Contractor must provide a complete set of as- built drawings (on paper and as an electronic file in PDF and CAD format) upon completion of construction. General Contractor must install 4 x 48 PVC tube by electrical panel for as-built drawings storage. Knox box must be installed at front door in a location to be approved by Fire Department. Box must be recessed into the storefront, design permitting. If the design does not permit a recessed knox box, General Contractor must have surface mount style and location approved by Facilities Manager. Application to Skokie Fire Dept. should be submitted immediately. All cutting and/or installation of structural steel must be approved by a structural engineer and a letter of such approval must be provided to Facilities Manager prior to work occurring. No shooting into or suspending items from deck. All concrete coring, channel cutting, or anything making excessive noise must be done between the hours of 10:00 PM and 8:00 AM. All work must be scheduled with Facilities Manager at least 48 hours in advance. Dumpster placement/location shall be spotted by Facilities Manager. All dumpsters must be covered to avoid overflow. General Contractor or Tenant name must be on dumpster. Center Management has the right to request dumpster pull if it becomes unsightly. Trash can only be taken through common areas if no rear door exists, between the hours of 10:00 PM and 8:00 AM. Late night work must be coordinated with Facilities Manager. General Contractor and subcontractors must remain on the job site and should not walk throughout mall after hours. General Contractor is responsible for providing temporary heating/cooling at their expense. No work can start until fire alarm points have been deactivated. Contact Fox Valley Fire & Safety to isolate fire alarm devices/panel. No work can start until the fire sprinkler system is drained. Contact F.E. Moran for all sprinkler work.

20 Must use Landlord s required contractors, as listed above. A ceiling punch list must be completed with Facilities Manager before installation of all ceilings. Upon completion of the construction, General Contractor must schedule a final walkthrough with Facilities Manager. Must submit plan to Tenant Coordinator for blade sign and approval. Absolutely no parking in service courts. Parking violation notices and tow fees are the responsibility of the vehicle owner. All construction employees parking will be in designated areas only per attached Parking Plan. General Contractor must secure a permit from Facilities Manager or Chief Engineer for all hot work prior to work occurring. 24 hours notice required. If procedures/requirements in this Tenant Construction Manual are violated, or if in the opinion of the Westfield Tenant Coordination Team, the Tenant work is not being executed in compliance to the Lease and/or Landlord approved working drawings, Facilities Manager has the authority to stop work until the issues are resolved. Address to be placed on furthest glazing panel on the right (not on doors, glazing panel only)

21 Release and Hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for access to that certain shopping center commonly known as Westfield Old Orchard (the Premises ) the undersigned, on behalf of itself and its next of kin and anyone claiming through the undersigned, hereby releases, and forever discharges Westfield, LLC, a Delaware limited liability company, and Old Orchard Urban Limited Partnership, as well as its respective officers, directors, shareholders, agents, parents, affiliates, servants, employees, predecessors, successors and assigns, tenants and licensees (collectively, the Westfield Parties ) from any and all damages, losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury, so long as such loss or damage is not caused by the gross negligence or willful misconduct of any of the Westfield Parties. The undersigned shall defend, indemnify and hold the Westfield Parties harmless (with counsel reasonably satisfactory to the Westfield Parties) from and against any and all claims, demands and causes of action of any third parties, and any costs (including reasonable attorneys fees) associated therewith that in any way are or are alleged to be caused by, or arise out of use of or access to the Premises from and after the date hereof. The undersigned agrees to reimburse the Westfield Parties for any damage caused by the undersigned s access to or operations within or around the Premises. The undersigned understands that the facts upon which this Release and Hold Harmless Agreement is made may hereafter turn out to be other than or different from the facts now known or believed be true and the undersigned accepts and assumes the risk of the facts to be different than now known or believed to be true. The undersigned agrees that this Release and Hold Harmless Agreement shall be and remain in all respects effective and not subject to termination or rescission by virtue of any difference of facts. The undersigned shall, at its sole cost and expense, carry and maintain insurance with a company(s) acceptable to the Westfield Parties and licensed to do business in the states where the Premises are located with an AM Best rating of at least A-VII, with the following coverages: (i) Commercial General Liability on an occurrence basis with a limit of $3,000,000 per occurrence and $5,000,000 in the aggregate, for bodily injury, death and property damage, which Commercial General Liability policy shall include products/completed operations liability coverage with a separate aggregate limit of not less than $1,000,000 and contractual liability coverage; and (ii) statutory workers compensation insurance and employers liability insurance of $1,000,000; and (iii) Commercial Automobile Liability insurance with a combined single limit of not less than $3,000,000 providing coverage for the use of any owned, non-owned or hired vehicles.

22 The required insurance policies must apply on a primary basis, and any other insurance Parties or any other additional insured entities are excess and noncontributing. Additionally, the insurance policies must contain a waiver by the insurer of any right to subrogation. With the exception of workers compensation, the insurance policies must be endorsed to include the following parties as additional insureds: Old Orchard Urban Limited Partnership, Westfield America, Inc., Westfield America Limited Partnership, and Westfield Property Management LLC, and any and all of their respective, parents, partners, subsidiaries and affiliates, employees, agents, officers and representatives, together with any mortgagee from time to time of Westfield s interest, as additional insured, as their interests may appear. The undersigned shall provide a certificate of insurance evidencing the required insurance coverages along with the additional insured endorsement. The Certificate Holder should be: Westfield Property Management LLC 4905 Old Orchard Center Suite 066 Skokie, IL Attn: Insurance Dept. COMPANY: NAME: TITLE: ADDRESS: TELEPHONE: SIGNATURE: DATE:

23 CERTIFICATE OF INSURANCE REQUIREMENTS OLD ORCHARD 1. Minimum Coverage Amounts: Commercial General Liability Automobile Liability Employers' Liability Workers Compensation $ 3,000,000 each occurrence $ 5,000,000 general aggregate $ 3, 000,000 each occurrence combined single $ 1, 000,000 per accident $ 1, 000,000 per employee As required by statute 2. The Additional Insured must be written exactly as shown: Old Orchard Urban Limited Partnership, Westfield America, Inc., Westfield America Limited Partnership, and Westfield Property Management LLC, and any and all of their respective, parents, partners, subsidiaries and affiliates, employees, agents, officers and representatives, together with any mortgagee from time to time of Westfield s interest, as additional insured, as their interests may appear. 3. An additional insured endorsement must accompany all certificates listing the three entities above as additional insured. A blanket endorsement is also acceptable. 4. Certificate Holder: Westfield Property Management LLC 4905 Old Orchard Center Suite 066 Skokie, IL Attn: Insurance Dept. 5. Copy of certificate should be ed to Allison Bykowski (abykowski@westfield.com). Original certificate should be mailed to the above address.

24 Contractor Parking