The following Contractor Rules and Regulations for Tenant’s Contractor’s work shall govern the operation of the Tenant’s Contractor and all sub-contractors and are issued as additional Building Rules and Regulations pursuant to the lease between Clarion Partners and Nuveen Real Estate (“Owner”) and Tenant. For purposes of these Contractor Rules and Regulations, Owner shall also mean Hines Interests Limited Partnership and the building Property Management Office.
Fourth & Madison is certified LEED Platinum, meeting LEED-EB O&M, Version 3, requirements. Any tenant improvement (TI) work or tenant alterations will be performed in accordance with Fourth & Madison’s sustainability practices.
Tenants in the building performing new, retrofit, demolition, renovation, modification, or tenant improvement (“TI”) facility alteration projects shall be subject to additional requirements and guidelines (included below). The architectural firms, designers, engineers, and general contractor, shall have a LEED Accredited Professional (“LEED AP”) on the project team, or consulting, to help guide the project in terms of energy savings, sustainable purchases, and indoor environmental health benefits.
Property Management reserves the right to rescind any of these Rules and Regulations and to make future rules and regulations required for the safety, protection, and maintenance of the building, the operation and preservation of good order thereof, and the protection and comfort of the tenants and their employees and visitors. Such rules and regulations, when made and written notice given to Tenant, shall be binding as if originally included herein.
Failure to perform work in a manner consistent with the Contractor Rules & Regulations may result in Property Management immediately stopping Contractor’s work. Property Management and Owner shall have no liability for any costs or expenses incurred by Tenant, Tenant's Contractor, or any Subcontractors in connection with or as a result of such work stoppage.
Tenant will be responsible for all actions done on its behalf by Tenant's Contractor or its Subcontractors including but not limited to damage to the tenant areas, the loading dock, indoor and outdoor public areas, freight elevators, mechanical areas, and any exterior elements of Fourth & Madison (collectively referred to as the "Building"). Any such damages will be promptly repaired to the Owner's satisfaction at the sole cost of Tenant and its Contractor.
Tenant’s Contractor shall comply with all applicable codes, laws and regulations pertaining to the work on the premises, including all safety and health regulations.
Within a reasonable time prior to the start of any on-site work, delivery of materials, equipment, or personnel, Tenant's General Contractor will submit the following to the Property Management Office:
- Complete set of drawings approved by the Owner/Property Manager and the City of Seattle
- Certificate of Insurance, for the General Contractor, that meets the requirements and approval of the Owner (see attached requirements)
- Schedule of work to be performed and deliveries, detailed by trade (When applicable, the construction schedule shall sequence the installation/application of wet and emissive materials such as sealants, paints and coatings, before the installation/application of absorbent materials, namely carpet, cloth covering, ceiling tile and gypsum)
- List of all proposed sub-contractors
- Completed Building Access Card Applications for necessary personnel
- Contact information of personnel who are authorized to represent the General Contractor (including office phone, email, and cell phone)
No revisions or changes of any kind may be made to the tenants construction plans without the consent of Owner. Any proposed revisions or changes must be submitted to Owner, for Owner's review and approval prior to commencement of such changes.
All necessary permits and/or stamped construction drawings, provided by the City of Seattle, shall be conspicuously posted and available within the job premises throughout the duration of construction.
Upon completion of work, the contractor shall immediately supply Hines with the following documents:
- Certificate of Occupancy
- Operations and Maintenance Manuals, when applicable
- As-built drawings, approved by the Engineering Manager (i.e. MEP, Architectrual, Structural in Hard Copies and Auto-Cad files)
- Copies of all permits related to the project
- Any mechanical testing and/or commissioning reports
- Lien releases from the General Contractor and all sub-contractors
- Architectural Barrier Inspection
All forms documenting compliance with Fourth & Madison’s Sustainable Practices - Tenant Improvement must be completed and submitted to the Property Manager before final payment is issued.
The Contractor shall confine his/her use of the premises to the designated construction work area(s), freight elevator, and loading dock so as not to interrupt other tenants of the Project.
The protection of building corridors, doors, stairwells, freight elevator, floor coverings, public areas, lobbies and service areas is the sole responsibility of the Tenant and its Contractor. Protection of the building floor coverings by masonite or plywood along the prescribed route of movement through the building as outlined by Property Management is required. In addition, complete and total protection is required for all elevator lobbies, building corridor walls, corners and corridor doors with cardboard, plywood or other pre-approved materials.
COMMON AND OTHER TENANT AREAS
The contractor shall carefully protect all elevators, walls, carpets, floors, furniture and fixtures and shall repair or replace damaged property without cost to the Building. Where applicable, all ingress/egress doors to tenant suites shall remain closed at all times unless transporting equipment or debris to or from the construction area. Contractors must make sure fire escape routes (stairwells, doors etc) are not obstructed at any time. If anything is found by Security or Hines, it will be moved immediately. Additionally, doors to all work areas, including mechanical and electrical closets, will remain closed at all times. Propping doors open is expressly prohibited. STAIRWELL DOORS MUST REMAIN CLOSED AND LOCKED AT ALL TIMES.
If the scope of the work includes changing the elevator lobby, Contractor must arrange to meet with the Property Management and Elevator Technician to determine the proper procedures for protecting the elevators, direction arrows, and buttons.
Any work that has the potential to disrupt normal business activity of other tenants must be performed outside building lease hours. No noise producing work may occur during these hours. Examples of this type of work are defined, but not limited to the following:
- Drilling or cutting of the concrete floors, or structural members
- Any work in which machine noise or vibration may disrupt normal office procedures (this includes, but is not limited to: hanging sheetrock, laying track, shooting ceiling supports, etc.).
- Material stocking, demolition, and trash removal
- Any work requiring access to occupied tenant spaces (requires at least 72 hours advanced notice)
Lease hours and Peaceful Enjoyment hours are 7:00 AM to 6:00 PM Monday– Friday and 7:00 AM to 1:00 PM on Saturdays. All Contractor Work must be scheduled so that it in no way conflicts with, interferes with, or impedes the quiet and peaceful enjoyment of other tenants, or the progress of Hines's operations.
Tenant complaints received during these hours may result in Property Management immediately stopping Contractor’s work and Property Management/Owner shall have no liability for any costs or expenses incurred because of such shut down.
Any work that is in conflict will be rescheduled by the Contractor to such time as approved by Property Management. Additionally, Hines shall have no liability for any costs or expenses incurred by Tenant or Contractor in connection with such rescheduling.
Access to the building and construction areas must be scheduled, by the Contractor, with at least five (5) days advance notice by contacting the Property Management Office.
All authorized representatives of the General Contractor must check in with Security at the SCC (located on Level 2 near the Loading Dock) daily before access is granted to any sub-contractors or workers. A Building Access Card is required in order to access construction areas; access cards can be checked out from Security and will require photo ID.
The General Contractor and sub-contractors must use the service elevator to access the construction work. Access to other areas of the building and tenant areas is prohibited unless coordinated with the Property Management Office with at least 3 days advanced notice. Security may provide escorted access to tenant floors, if approved in advance by the Property Management Office; the additional security assistance will be billed back to the Tenant or General Contractor.
Contractor must schedule access to the loading dock and freight elevator by contacting the Property Management Office with at least 24 hours advanced notice.
Contractor shall be afforded access to (un)loading areas and hoisting facilities after normal working hours (i.e. between 6:00 PM -7:00 AM) and on weekends. Use of (un)loading and hoisting equipment during normal working hours (i.e. between 7:00 AM - 6:00 PM) must be prearranged with the Property Management Office. At no time will the contractor be given exclusive use of the service elevator or loading dock, without prior approval and scheduling with the Property Management Office.
Contractor will be provided access to the loading dock, consistent with Building Rules and Regulations, which provide a thirty (30) minute limit for parking on the loading dock area. Building Rules and Regulations prohibits the use of Semi-trucks or other large trailers to access the alley to the loading dock. Please contact the Property Management Office with questions. Extended parking on the dock area must be scheduled in advance with the Property Management Office. All vehicles that are not delivering/unloading materials should park in the garage or in available street parking.
All materials and tools unloaded in these areas will be moved to the construction area, or an area of use, immediately and shall not be stored or used in a way which adversely impacts use of the Building. Contractor's materials and tool storage will be limited to the areas for which access has been granted (i.e. the specific job site). No flammable liquids, highly combustible liquids, or hazardous materials are to be stored on any floor. Contractor shall be responsible for the security of their own materials, equipment and work and that of their Subcontractors. All gang boxes, tool boxes, tool chests, and other containers are subject to inspection when moved in or out of the Building.
Storage in other locations (including temporary storage on the Loading Dock) must be approved in advance by the Property Management Office. At the request and under the direction of the Property Management Office, Contractor shall relocate any materials causing an obstruction.
The freight elevator is scheduled for maintenance every other Monday evening from 6:00 PM -10:00 PM; this schedule is subject to change.
Access to the freight elevator must be scheduled, in advance, with the Property Management Office. Use of the freight elevator is not reserved and is on a first come, first-served basis; this will require sharing the freight elevator with cleaning personnel, engineering, and other tenants. At no time will the contractor be given exclusive use of the freight elevator, without prior approval and scheduling with the Property Management Office.
All construction materials, tools and trash are to be transferred to and from the construction floor(s) via the freight elevator. The use of passenger elevators, for the purpose of moving tools, materials, equipment, or trash, is prohibited. All contractor employees should use the stairs, when possible, when going to and from the construction floor(s). In addition, the elevator lobbies must be free of debris and equipment at all times, and should be thoroughly cleaned, if necessary.
Propping of the freight elevator doors is prohibited. Any costs (including after-hours and overtime rates) related to repairing damage to the freight elevator and/or restoring the freight elevator to service, due to contractor debris or misuses, will be billed back to the Tenant/Contractor.
Loading and unloading of heavy loads, (stone, floor stripping machines, lifts, etc...) must be done in a very slow and deliberate manner to avoid activating elevator safeties. It is requested that loads such as these are scheduled ahead of time with the property management office.
The contractor shall be responsible for daily cleanup of their debris and proper storage of materials with attention to methods sensitive toward indoor air quality. Clean-up and rubbish removal shall be provided by the Contractor at Contractor's expense.
Contractor must remove all rubbish, surplus and waste material resulting from the performance of their work and ensure that all common areas are kept in clean condition. Additionally, contractor will ensure that all stairwells, mechanical rooms, electrical and telephone closets, etc., accessed by contractor employees and subcontractors, in conjunction with Contractor's work, will be cleaned and free of debris nightly.
Contractor cleanup practices should include, at a minimum, the following:
- use of sustainable cleaning chemicals that reduce impacts on IAQ, micro-fiber wipes, and dust mops in place of paper wipes
- sweeping compounds to suppress dust
- keeping the project area and materials as dry as possible
- removing spills or excess applications of solvent-containing products as soon as possible
- high-efficiency HEPA-filtered vacuum cleaners
- storage of building materials, protected from weather, and stored in a clean, dry area prior to unpacking for installation (Pay close attention to absorptive materials such as drywall and ceiling tile)
- all coils, air filters, and fans should be cleaned before performing testing and balancing procedures and especially before conducting baseline air quality tests
Restrooms will be made available provided that in the sole opinion of the Landlord that the use of the facilities does not cause disruption to other tenants, additional maintenance, or additional cleaning of the restrooms. No washing of drywall tools, paint brushes or other materials in sinks, toilets, or other facilities.
Final Clean: The final clean, by the General Contractor, should encompass cleaning and vacuuming of the corridor and lease space(s), including, but not limited to the following: light fixtures, ceilings, walls, floors, windows, sills, mini blinds, cabinets, counters, HVAC diffusers or grilles, or blank off plates, mechanical rooms, restrooms and/or any area associated with the project. If the Owner is forced to clean any of the above, the Tenant/Contractor will be invoiced accordingly.
TRASH AND RECYCLING REMOVAL
Use of the Building's compost dumpsters and trash and recycle compactors are prohibited. Any and all existing materials removed and not re-used in the construction, except as directed by the Property Management Office, shall be disposed of by the contractor. If the Contractor wishes to bring in a dumpster, this must be scheduled and approved by the Property Management Office and Security with at least 48 hours advanced notice. Dumpsters not scheduled and approved will be turned away at cost of the Contractor.
The Contractor must have a plan in place at the onset of the project which shall allow them to recycle, reuse on the project site, reuse on another site or divert from the landfill at least 75% (by weight or volume) of demolished or unused materials taken from the project. A Construction Waste Management Plan identifies what is capable of being recycled and how it will be handled; On-site, Off-site or stockpiled for reuse. Contractor must track and log the disposal of all construction related materials and waste.
Contractor must recycle certain items during demo and construction phase processes such as ceiling grid, tile, carpet, wool, ceiling tiles, drywall/sheetrock, steel and steel studs, cardboard packaging, concrete, wood, paper, doors and frames, light fixtures, and fluorescent lamps. All construction by-products including chemicals, paints, hazardous or regulated- materials, shall be properly disposed of off-site.
All materials not recycled, reused or diverted shall be accounted for, by weight or volume, as incinerated or sent to the landfill. At the conclusion of all construction projects and as part of the Close-Out Package, Contractors are required to provide Bills of Lading from the recycling company(s) to the Building Owner as proof of recycling. Projects shall not be considered complete until all documentation is received.
WATER AND ELECTRICITY DURING CONSTRUCTION
The Tenant’s Contractor shall provide all temporary facilities required for construction. This includes phones, trash containers, fire extinguishers, temporary power, temporary lighting, temporary electrical panels if required, temporary heating and ventilation.
Sources of water and electricity will be furnished to the contractor in reasonable quantities for use in lighting, for portable power tools, drinking water, water for testing and other such common usages during construction. The contractor shall make all connections, furnish any necessary extensions and remove same upon completion of work. All extensions and connections will be installed to ensure trip and other hazards are fully prevented for tenant safety. Electricity will be billed back to the contractor (or Tenant) on a monthly basis at the current cost/SF for electrical consumption in the Building.
LIFE SAFETY SYSTEMS
The following procedures are required to meet the requirements of the Seattle Fire Department and the building’s insurance carrier.
No impairment of the Life Safety System will occur without a designated fire watch and notification of the Property Management Office.
- The General Contractor is responsible for ensuring that these procedures are followed.
- All scheduling of work that requires any impairment of the Fire Alarm or Fire Sprinkler systems is to be scheduled in advance by the General Contractor with the Property Management Office.
- Please provide the Property Management Office with a 24-hour emergency contact name and phone number and one alternate.
Fire Alarm Impairment
- During any work that produces dust, and while painting, existing base building smoke detectors in the area of the work must be disabled, removed and protected.
- The Building Engineer on duty will determine which heads are to be removed.
- To prevent false alarms, and the associated fines and disruption, the Fire Alarm Panel is to be placed in bypass prior to removing the smoke detectors.
- Whenever the fire system is impaired (i.e. smoke detector removed), the General Contractor is to designate a fire watch. This fire watch must be identified and logged by building security and have a building radio.
- To prevent false alarms and the associated fines and disruption, the Fire Alarm Panel is to be placed in bypass prior to re-installing the smoke detector.
- At no time should active smoke detectors be taped or bagged.
- New fire alarm devices are to be left covered until fire final inspection.
Fire Sprinkler System Impairment
- Fire riser isolation valves are to remain locked open unless work is actively being performed.
- All sprinkler system drain and fill operations at Fourth & Madison will be performed by the building engineers and must be scheduled at least 24 hours in advance with the property management office.
- Any labor costs related to draining and filling the sprinkler systems, (including engineering OT, if applicable) will be charged to the Tenant/Contractor.
- It is a code violation to drain the sprinkler systems on concurrent floors and thus will not be performed at Fourth & Madison
- A fire watch is to be designated by the General Contractor. This fire watch must be identified to building security and have a building radio.
- Per the Seattle Fire Department, at no time will 2 consecutive floors be drained.
- A designated fire watch must remain on site whenever the floor is drained. Leaving the floor drained overnight is not acceptable to the Buildings insurance carrier. It is the contractor’s responsibility to plan accordingly.
- The Building Engineer on duty will be responsible for maintaining the Sprinkler Impairment Program.
DUSTY AND ODOROUS WORK
All dusty and odorous work must be done after lease hours (as defined above). The contractor shall notify the Property Management Office prior to commencement of dusty and odorous work (e.g., sheet-rock cutting, sanding, extensive sweeping, plumbing, sprinkler work, painting, carpeting, etc.) to ensure that monitoring systems can be suspended and additional filtering capacity can be arranged for the affected HVAC equipment, at the contractor's cost, if applicable. In addition, passenger elevators may need to be sealed off to prevent damage to elevators.
Any costs related to overtime HVAC (including engineering OT, if applicable) required to exhaust the odors from the floor will be charged to the Tenant/Contractor. Failure to make such notification will result in the contractor absorbing the costs to return the equipment to proper condition. Inadvertently causing fire alarms, by not following this guideline, may result in a fine or penalty that shall be the responsibility of the Tenant/Contractor.
No Base Building systems will be turned off or disengaged by the Contractor or sub-contractor without approval and supervision by the Property Management Office; these systems include, but are not limited to: fire sprinklers, electrical circuits, air-handling units, emergency generator, fire pump, smoke heads, water supply and parking and security access controls.
MECHANICAL (HVAC) CONSTRUCTION & ALTERATIONS
Any necessary alterations to HVAC equipment within or adjacent to the construction site requires prior approval and inspection by the Property Management Office. The Engineering Manager shall be manager of indoor air quality for all construction projects and shall inspect all construction areas to insure contractors have all of the above listed items sufficiently in place per the Plan.
Contractor agrees to develop, provide, and implement IAQ Management plan for construction and occupancy phases of premises being built out including air handler filtration media, post construction baseline IAQ testing, etc. The Engineering Manager shall work with the General Contractor to ensure the goals of this plan are met throughout the construction phase; this includes:
- AHU filtration criteria
- fresh air and negative pressure within construction area criteria
- product use criteria (adhesives, paints, solvents etc.)
HVAC Equipment Protection: With the cooperation and direction of the building engineering team, the air handling units shall be shut down during heavy construction and/or demolition. Furthermore, the return air ducts shall be covered to protect from debris as a result of the project. When the mechanical system must remain operational, each return air duct on the affected floor will require filtration media with a Minimum Efficiency Reporting Value (MERV) of 8, as determined by ASHRAE 52.2-1999. Each filter will receive frequent maintenance, requiring replacement at (A) 75% of the filters estimated life, (B) at the request of the building management, (C) at the end of the project, prior to occupancy - whichever occurs first.
Pathway Interruption: Depending on the extent of the project, pathway interruption will be controlled by erecting barriers to isolate the project area and/or rebalancing the HVAC pressurization of such areas. Temporary barriers may consist of dust curtains for minor remodels to stronger plastic seals for major renovations. However, when temporary construction barriers are not sufficient, the HVAC will be rebalanced to depressurize the project area while pressurizing the occupied contiguous area(s). All construction area egresses shall have at least 12 feet of “walk-off” protection to collect debris.
Contractor will comply with building’s energy management practices including any federal or local code requirements for lighting controls.
Occupant Controlled Lighting shall be provided where possible, that enable adjustments to suit the task needs and preferences of individuals for individual workstations (“cubicles”), and for groups sharing a multi-occupant space. The criteria are as follows:
- Individual Workstations and/or Private Offices:
- Private spaces or workstations have dedicated task lighting or overhead lighting. No general area illumination controls for multi-workstation spaces are counted towards this criterion.
- Shared Multi-Occupant Spaces:
- Multi-occupant spaces (e.g. conference rooms) have lighting controls that are adjustable to suit group activities and allow flexibility in lighting for specific uses.
Daylight and Views should be maximized where possible. Provide building occupants with a connection between indoor spaces and the outdoors through the introduction of daylight and views. Strategies include:
- Achieve a direct line-of-sight to the perimeter vision glazing for each occupant as measured from 42 inches above the floor.
- Achieve a minimum daylight illumination level of 25 fc (foot-candles) at all regularly occupied spaces.
- Utilize interior glazing (“side lights”) at interior partitions to facilitate views and the penetration daylight to the interior.
- Provide workstations (“cubicles”) with a maximum partition height of 42 inches.
Before ordering material or doing work which is dependent upon proper size or installation, the Tenant's Contractor shall field verify all dimensions for accessibility with Building conditions, and shall be responsible for same.
Plumbing Fixtures and Faucets: All plumbing equipment installed as part of the construction in the tenant space must comply with the building’s water efficiency practices and shall at least meet the requirements of the Uniform Plumbing Code 2006 fixture and fitting requirements in combination with ultrahigh-efficiency technologies.
Reduced Mercury Lamps: Purchases will be logged, and the ratio (as measured by the number of lamps) of those purchases meeting the identified mercury thresholds will be tracked. Lamps including mercury content (mg/lamp), mean light output (lumens) and rated life (hours) will be derived according to industry standards. The weighted average of all lamps shall contain no more than 60 picograms per lumen hour of light output of mercury. For a list of compliant lamps, contact the property’s engineering manager. The sustainability criteria for lighting/lamps are 60 picograms per lumen-hour.
Painting: Regarding painting, the following guidelines also apply:
- Spray painting, staining, or varnishing are not allowed in the building at any time unless approved by the Property Management Office.
- Cans of paint, paint thinner or other chemicals are not to be left open anywhere in the Project. Solvent soaked rags are never to be left in the construction area.
- Adhesives and sealants have a VOC content less than the current VOC content limits of South Coast Air Quality Management District (SCAQMD) Rule #1168, or sealants used as fillers meet or exceed the requirements of the Bay Area Air Quality Management District Regulation 8, Rule 51.
- Paints and coatings have a VOC content not exceeding the VOC and chemical component limits of Green Seal’s GS-11 requirements.
In addition, Tenant’s Contractor shall utilize materials consistent with the Building’s Sustainable Purchase Policy. Tenant’s Contractor must track and log purchases, by category. The ratio, by cost (in each category), should meet the identified sustainable goals.
(ratio, by cost)
|Durable Goods||materials replaced infrequently– (higher cost per unit)
materials and components attached to the building (permanently or semi-permanently)
|Reduced Mercury Lamps||lamps for all fixtures (indoor, outdoor, hard-wired, and portable)||90%|
In order to qualify as a “sustainable purchase”, products should meet one or more of the following criteria:
|Sustainable Purchases Criteria:||Durable Goods (Furniture)||Facility Modifications|
|contain at least 10% post-consumer or 20% post-industrial recycled content||
|contain at least 50% rapidly renewable materials||
|consist of at least 50% Forest Stewardship Council certified wood or paper products||
|batteries are rechargeable||
|electric-powered equipment is ENERGY STAR labeled||
|electric-powered equipment replaces conventional gas-powered equipment||
|contain at least 70% material salvaged from off-site or outside the organization||
|contain at least 70% material salvaged from on-site, through an internal organization materials and reuse program||
|contain at least 50% materials harvested and processed or extracted and processed within 500 miles of the project||
|adhesives, sealants, paints, and coating have a low VOC content (paints and coatings must have a VOC content not exceeding the VOC and chemical component limits of Green Seal’s GS-11 requirements)||
|non-carpet finished flooring is FloorScore-certified and constitutes a minimum of 25% of the finished floor area||
|carpet and carpet cushions meet the requirements of the CRI Green Label Testing Program||
|composite panels and agrifiber products (particleboard, medium-density fiberboard (MDF), plywood orient-strand board (OSB), wheatboard, strawboard, panel substrates, and door cores) contain no added urea-formaldehyde resins||
MATERIAL SAFETY DATA SHEETS
MSDS for all glues, paint, stain, carpet or any other product that can emit volatile organic compounds (VOC) must be supplied to the Property Management Office prior to using the product within the project. All contractors are to endeavor to use products that have low VOC's. It is the responsibility of the Contractor to provide the MSDS sheets even if it is a subcontractor who is using the product.
No abusive action or language on the part of Contractor’s workers or sub-contractors will be tolerated. It will be the responsibility of the Contractor to enforce this regulation on a continual basis. Contractors are not allowed to bring anybody (family members, visitors, etc) not related to the project onsite without prior approval.
No radios shall be played during Lease Hours (as defined above).
NO SMOKING OR CHEWING TOBACCO POLICY
Smoking and chewing tobacco, including the use of electronic smoking devices or e-cigarettes and any other unregulated nicotine delivery products, is not permitted anywhere within the building, garage or within twenty-five (25) feet of any building entrance or air intake.
POSTING OF RULES & REGULATIONS
A copy of these Rules & Regulations, acknowledged and accepted by the contractor, must be conspicuously posted on the job site allowing easy access by all workers. It is the contractor's responsibility to instruct his/her personnel and all subcontractor personnel to familiarize themselves with these rules.
The Contractor Rules & Regulations may be amended or revised at any time to fit the situation at the time. The amended or revised Contractor Rules & Regulations shall become effective upon delivery to Contractor or publication by posting at the project site, whichever is earlier.