TE_F_-_BUILDING_RULES_FOR_CONSTRUCTION,1000.pdf

ORION PARTNERS, INC.

BUILDING RULES FOR CONTRACTORS

Old BAMC

Bldg 1000

NOTE: This building is privately owned, financed, and operated. Even though it is located on a Military

Installation, its operation is under private management and subject to the requirements of various other entities including mortgagee, insurers, and The City of San Antonio. Contractors working in or on the building, whether under contract to the Owner, BAMC Redevelopment Partners, Ltd., or a Tenant, must adhere to the rules and requirements outlined below. Failure to do so may result in the Building

Manager forcing a “cease work” condition or charging the Contractor for actual damages. Tenant shall be responsible for ensuring that all rules and requirements herein are provided to their contractor(s) and made a part of contract stipulations.

Work to be done on behalf of a Tenant must be approved by Building Management before any contracts are let, which may require Tenant to produce plans and specifications for such approval. Initial project concept approval may be able to be obtained with a basic SOW and drawings. However, stamped

Construction Drawings will be required for final approval prior to the commencement of any construction related work on said project Any work which results in changes to building systems, or space configuration must be documented by “as-built” plans which shall be provided to Building

Management at job’s completion.

1. All materials, equipment, and contractor personnel will enter the building through the loading area entrance. Corridor walls, flooring, and the interior of the freight elevator will be protected as necessary with plywood, or masonite type materials of sufficient thickness and durability to adequately protect the finishes. Any damage to the building, building equipment, or finishes caused by Contractor’s activity shall be repaired by contractor to Owner’s satisfaction, or Owner will have repairs made and back-charge Contractor. Materials too large to fit inside the elevator will have to be hoisted to the desired floor or roof via a crane. Damage to the landscaping and/or irrigation system resulting from crane activity shall be repaired at Contractor’s cost by Owner’s landscape maintenance vendor.

2. Only the freight /service elevator(s) will be used to transport materials, equipment, and construction personnel within the building.

3. Restrooms will not be used as a water source or a clean-up facility for paint, joint compound, or other construction applications. Use only the mop sink on each floor for this purpose, and ensure that it is cleaned out each day. Blockages requiring the services of a plumber to clear, and/or repair of abused restroom fixtures will be charged to the General Contractor who shall look to the appropriate subcontractor for reimbursement at his own discretion.

4. The Fort Sam Houston Fire Department will be notified any time fire alarm or sprinkler work is to be done. Silenced alarms will be re-activated at the end of each work day, and the Fire Department so notified. False alarms resulting in fire trucks being rolled will be charged to the General Contractor who shall look to the appropriate party for reimbursement at his own discretion.

5. Loud noises, boisterous behavior, and loud radio playing will not be allowed during business hours to avoid disturbing tenants in occupancy. Likewise, loud processes such as hammer drilling, core drilling, etc. that reverberate through the building will be conducted only after normal business hours, i.e.

before 7:30 AM and after 5:30 PM unless permission is granted by the Building Manager.

6. On occupied floors plastic sheeting will be used to curtain off the construction area to prevent the infiltration of construction dust into occupied areas.

7. On each floor under construction, if HVAC units are operated the General Contractor will be responsible for providing pre-filters on each AHU, which shall be changed every 30 days, and will also provide a complete change of filters at job completion or every 90 days which ever comes first. The building manager may extend or shorten these periods depending on the actual conditions experienced.

8. Construction debris shall be policed daily and placed in receptacles provided by the contractor(s).

Drink containers, lunch remains, and other personal type trash shall not be allowed to remain on window sills, in rest rooms, or elsewhere in the building, but will be placed in trash receptacles daily.

Depending on the scope of work, Building Management may require Contractor to provide, at

Contractor’s expense, its own dumpster in lieu of using the building dumpsters.

9. This building is subject to The City of San Antonio Code Compliance. The Contractor, and its

Subcontractors are responsible for obtaining all necessary permits and inspections for their work in or on the building, and will provide copies of same to Building Management as they are obtained.

10. The Contractor , and its Subcontractors shall comply with the Insurance Requirements outlined in the Exhibit below, and provide Building Manager with a certificate naming both BAMC Redevelopment

Partners, Ltd., and Orion Partners, Inc. (hereinafter referred to collectively as “Owner”)as additional insureds.

INSURANCE REQUIREMENTS EXHIBIT

Contractor shall maintain in full force and effect, at its own expense, the following minimum insurance coverages and limits (provided, however, and notwithstanding any other provision herein, if the Contract Documents require insurance coverage or limits that are greater than those listed below in this Exhibit, the requirements in the Contract Documents, shall control and shall be provided by Contractor):

A. Statutory Worker’s Compensation and Employer’s Liability Insurance (including U.S. Longshoremen & Harbor Workers’ Act, and any other endorsements specifically required by the Contract Documents) with minimum limits of not less than indicated below. Contractor shall require subcontractors to provide Workmen’s Compensation and Employer’s Liability Insurance with the same minimum limits. The Subcontractors policy must be in the name of the Subcontractor or contain an endorsement naming Contractor as the alternate Employer.

Required Limits – Statutory limits, with Employers’ Liability Coverage as follows:

Each Occurrence $500,000 General Aggregate $500,000

B. Commercial General Liability Insurance (including the coverages identified below, with minimum limits indicated below.

Each Occurrence $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate $2,000,000

The Commercial General Liability Policy will include the following coverage’s where applicable:

1. Bodily injury & Property damage on an “Occurrence” basis

2. Premises & Operations

3. Independent Contractors

4. Broad Form Blanket Contractual

5. Blanket XCU (Explosion, Collapse, Underground Damage (including blasting and blowout, and cratering)

6. Products/Completed Operations

7. Knowledge/Notice of Occurrence (to Owner)

8. Personal Injury Liability

9. Employees as Additional Insured

10. Host Liquor Law Liability

11. Incidental Malpractice

12. Non-Owned Watercraft (Under 25 feet)

13. Broad Form Property Damage

14. Elevators

C. Commercial Automobile Insurance for all owned, non-owned, and hired vehicles.

Combined Single Limit BI & PD $1,000,000.00 Property Damage $1,000,000.00

D. Excess Liability Coverage, following form, for Workers’ Compensation Employers’ Liability, Commercial Liability, Commercial Automobile Liability Policies, with the limits shown below.

Excess Liability Coverage $3,000,000.00

E. The Workers’ Compensation, Employers’ Liability, Commercial General Liability, Commercial Automobile Liability, and Excess Liability policies shall all be endorsed to:

- be primary to any other insurance available to Owner and its affiliates,

- waive all rights of subrogation in favor of Owner and its affiliates,

- designate Owner and its affiliates, and their shareholders, directors, officers, members, employees and agents, as additional insureds with respect to liability arising out of Work performed by or for Contractor in connection with its contract.

F. Insurance may be provided under a single limit policy, or two or more policies with combined limits for the required amount of coverage.

G. All insurance shall be issued by insurance carriers licensed to do business in Texas at the time the policy is issued and rated by A.M. Best Company as A-VII or better, confirmed by one or more insurance certificates listing Contractor’s name and address as a Certificate Holder, and list the name of Project as described in its contract and the name and phone number of the broker who prepared the certificate.

Certificates of insurance shall be prepared on an Accord form 25-S, which shall be filed with Owner/Building Manager prior to commencing work. Certificates shall confirm that coverages shall not be canceled, reduced, restricted or limited until thirty (30) days after Owner/Building Manager has received written notice by certified and registered U. S. Mail, return receipt requested, sent to Orion Partners, Inc., Attn: Management Services, 17721 Rogers Ranch Pkwy, Ste. 100, San Antonio, TX 78258.

Contractor’s failure to furnish either satisfactory insurance or required certificates within 10 days of notice to proceed shall not be considered cause for any adjustment to the time or compensation.

H. Contractor shall not commence Work under its Contract until Contractor has obtained all required insurance and until such insurance has been approved by Owner/Building Manager. Approval of the insurance by Owner/Building Manager shall not relieve or decrease the liability of Contractor hereunder.

Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse. Contractor shall incorporate all provisions of this Exhibit into their subcontracts so all sub-subcontractors have the above same coverage and provisions.

I. If contractor fails or neglects to obtain or renew the required insurance and furnish to the Owner/Building Manager the executed Certificate of Insurance form as evidence thereof, Owner/Building Manager shall so advise the Government Contracting Officer and demand work cease until same is provided.

J. Nothing herein shall reduce or alter Contractor’s obligation to indemnify, defend or hold harmless the Owner/Building Manager for any events or actions Contractor may experience while performing work under Government Contract in or on Owner’s property.

11. In order to preserve any warranties in place, and because of their familiarity with the building systems, the below listed contractors should be used for the trades indicated. Other contractors must be approved by Building Management before commencing work.

Architect Insite Architects

Engineers Mechanical, electric, plumbing – Alderson & Associates

Structural – J. Wall Consulting

Electrical Nathan Alterman Electric

HVAC Mechanical Maintenance of Texas

Landscape ISS Grounds Control

Roofing Beldon Roofing

Fire Alarm &

Sprinkler J. W. Dielmann, Inc.

12. Contractor shall provide for the owner, and in Owner’s name, Releases or Waivers of Lien from itself and each sub-contractor, supplier, and/or materialman. If contract is with a Tenant, Tenant shall be responsible for obtaining and providing same to Owner unless a payment & performance bond has been paid under the contract.

13. Contractor is hereby made aware, and is responsible for making all appropriate sub-contractors aware, that pipes with asbestos containing insulation have been encapsulated within some of the perimeter walls on all floors. Some of these walls, especially in the building sub-level may now be interior walls as a result of renovation. However, if either side of any wall is faced in brick it should be considered to be a perimeter wall in this regard. Care must be taken to not disturb these areas unless called for by the specific Scope Of Work, in which case all participating personnel shall review the O & M Plan available from Building Management, and shall sign an acknowledgement form to that effect.