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1 Updated: May 9, 2018
SITE – SPECIFIC CONTRACTOR
RULES &
REGULATIONS ADDENDUM
This Addendum is to be submitted to the Tenant Construction Coordinator before commencing construction; a copy should be kept in tenant’s file.
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1. UNION ISSUES In an effort to establish acceptable and unified construction quality and productivity standards, the Landlord strongly recommends that all union trades, traditionally and customarily, preforming construction crafts be engaged to promote project wide continuity. This shall not serve as a imitation to a Tenant’s right to employ the most qualified low bidder for a construction/trade contract. However, Tenant shall take all necessary action to avoid labor disputes and difficulties on the project and shall do all things to avoid work stoppage or delay on account thereof, regardless of whether the impact is to the Tenant, Landlord or other Tenants. In an event of work stoppage, Tenant will cooperate with Landlord to remove the source of the work stoppage at Landlord’s sole discretion so that the project shall be completed on schedule in a cost efficient manner as initially contemplated. Contractor shall inform Woodbury Common whenever non-union Carpenters or other non-union trades will be used, so that the Center may prepare for any imminent picketing that may occur at the space. Should any union contract Contractor with intent to demonstrate or picket the construction, they should be informed that they need to obtain an application for such activity from the Management Office.
2. TRASH REMOVAL Contractor agrees to order an “Open Top” trash container, (Center Required Trash Hauler must be used) to be placed at a location determined at the meeting and with approval of the Fire Marshall. Contractor is to specifically request a container that is ‘graffiti free’. Dumpsters/trash containers must be removed from the property by Friday evenings and returned on Monday mornings. No containers will be allowed on property on weekends and/or holidays. Trash may only be transported through corridors and common area during non-operating hours until 8:00am daily. Contractor will monitor “open top” container insuring that doors are kept closed and area around container is kept free of debris at all times. The Center will not be held responsible for unauthorized dumping into the contractor’s open top container. Contractor should never let the open top exceed 75% capacity. Contractor should have material needed (tarp, rope) to secure contents of the open top in case of inclement weather. Contact the waste company for recycling regulations for ballasts and bulbs. Documentation of recycling must be presented to Management office.
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3. PARKING The Town of Woodbury has designated receiving areas behind tenant spaces as fire lanes. One vehicle at a time is allowed to park in these locations only when absolutely necessary and at the discretion of Woodbury Common Management. Permits for parking may be obtained from the Management Office in Market Hall. Only one permit will be issued to the General Contractor (for purposes of the one trade working that particular day who will need easy access to vehicle) at the start of the job and will be valid to the completion. It will be the GC who will decide who can park in the receiving area for the day. The Parking Permit tag must be visible in the vehicle at all times. There is a $100 fine for illegal parking in a fire lane. All non-permitted vehicles are ticketed by the Town of Woodbury Police. Woodbury Common Management reserves the right to tow any and all vehicles that are improperly parked. All contractor vehicles/trucks must park in the designated employee parking spaces. Map and locations are included in Contractors Packet. Parking will be monitored and violators will be subject to tow at owner’s expense in conjunction with posted local jurisdiction laws related to Private Property Impounds. Parking during holiday or other peak periods may occur on offsite parking lots. Please check with Director of Operations for details based on your construction schedule.
Management reserves the right to eject any sub-contractor for excessive violations or aggressive behavior. 4. DELIVERIES Contractor must advise Management and Security of all deliveries 24 hours in advance. Deliveries will never occur at entrances. Contractor is responsible for assuring that area is left in a clean safe condition after deliveries are completed. At no time should a vehicle (truck, fork lift, boom, etc.) be driven through the common area. To the maximum extent possible, deliveries should be planned outside of mall hours. Please refer to our website at http://www.premiumoutlets.com/outlet/woodbury-common for specific mall hours. 5. ROOF ACCESS Contractor acknowledges that United Exteriors is the REQUIRED contractor and the only contractor allowed to perform any modifications and repairs. The phone number for United Exteriors can be found at the end of this document under “required Contractors”. Contractor is responsible for maintaining the roof in clean condition.
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Contractor will give Management 24 hours in advance notice for roof access and contract security for access. The contractor is responsible for identifying all roof top equipment with the store name and address. Contractor is required to use specific material and methodology on Butler or other standing metal seam roofing Systems as specified by site. 6. FIRE LIFE SAFETY – THIS APPLIES TO ALL STIES: “Tenant’s contractor will reimburse Woodbury Common Premium Outlets for any false charges from the Fire Department resulting from acts of failure to call in alarm, knocking a sprinkler head off, and/or other act that creates a Fire Department call out that results in false alarm charge. The false alarm cost will be deducted from any balance remaining on construction deposit and should the cost exceed the deposit’ the balance will be billed to the tenant for reimbursement.”
A 24 hour notice is required before sprinkler drain downs can occur. There is a charge of $250 for each sprinkler drain down for spaces that do not have an isolation valve(s). In the event of a sprinkler head rupture caused by construction the contractor will be charged the drain down fee ($250) plus damages and cleanup cost. Additional fines may apply. 7. BARRICADES (applies only if required by Landlord) Barricades must be erected if there is any construction that goes on or beyond the front wall of the tenant space. Tenant contractor must maintain a safe environment for customers & employees during construction period. All work areas must be inaccessible or blocked off from customer/employee flow. Spec sheets can be provided. Construction barricade will have a front entrance only if there is no rear door into the space, or as required by code. It must also have dust barriers and floor protection and approved graphics package. If a barricade door is needed, a 6 foot wide double door which will open inward is required. The Contractor will keep doors clean, in working condition, and must be able to lock at all time. Marketing must approve all graphics on barricades. Contractors are not allowed to advertise on barricade. Contractor is responsible to maintain barricade. Any damage to barricade must be repaired within 24 hours.
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Barricade doors will be closed at all times. Construction barricade will not be removed until all storefront construction is completed.
Preferred Barricade Contractors:
Center Stage Productions 20-21 Wagaraw Rd. Building 35 Fair Lawn, NJ, USA 07410 T. 973.423.5000 F. 973.423.6000 www.cspdisplay.com
Boston Barricade Company, Inc. 450 Murray Hill Parkway | Unit G | East Rutherford | NJ | 07073 Direct: 772-257-7447 | Direct Fax: 772-410-0929| Mobile – 603-479-8104 WWW.bostonbarricade.com
8. TENANT SPACE
1. If any renovation/new construction requires welding or soldering, a CO-2 fire extinguisher must be on hand at the work station and a Hot Work Permit posted. Hot Work permits can be obtained from the Management Office with prior 24-hour notice.
2. Additional protection for the HVAC unit must be in place prior to the start of construction. The HVAC unit must also be cleaned when construction is complete. This may be coordinated with the Operations Director.
3. Any door replacement on a suite must also have proper address signage replaced. If a new placard is needed, contact Beyond Signs and Graphics at 845-782-6030 to order.
4. Any work that generates excessive noise (jack hammering, saw-cutting, etc.) or an odor must be completed during non-operating hours, and cannot inconvenience any other stores or individuals. Any saw cutting on structural slabs must be approved through Landlord’s structural engineer Mark Rickher at Tenant’s expense. Mark can be reached at 980-235-2624.
5. Doors must be left shut while construction is being performed in space.
6. Utilities must be turned over to contractor or tenant name within one week of commencement of work. Failure to do so will cause said utilities to be turned off. Verification that the account was turned over in tenants name must be
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presented to the Management Office.
7. Music speaker system wires must be located and labeled by Satellite Communications 845-744-3841 prior to demo. It is the responsibility of the contractor to make any necessary repairs if wires are cut or damaged.
8. Fire Corridor signage, if deemed necessary by the Fire Marshall, are available in the Management Office for a fee of $25.
9. Contractor should work in a manner as not to impede the business at the property. Heavy demo and other noise producing work, may only take place during the center’s non-operating hours.
10. Storage vehicles are not to be left on-site overnight. Please contact the Management Office I you feel you have special circumstances.
11. ANY and ALL major electrical work being performed in a space (whether it be a retrofit or remodel) is required to have a complete and thorough inspection prior to opening by our authorized electrical inspector. Please contact Fred Cocks at 90 Lakes Road, Monroe, NY 10950: 845-783-9309. See Addendum for a summary specification that will be required.
12. Only electricians licensed in Orange County, New York can perform work at the center.
13. The use of oil based paints, floor finisher or stains that cause excessive vapor fumes are prohibited from being used during center opening hours.
14. Contractor’s superintendent must be on site while all work is being done in tenant space. Subcontractor cannot be left unsupervised.
15. The Contractor will keep a copy of stamped and approved plans on site at all times.
16. No smoking or alcoholic beverages will be allowed in space.
17. Any damage to corridors, doors, storefronts, or common area must be repaired within 24 hours.
18. The Center does not loan tools to Contractors.
19. Gas and diesel operated equipment are prohibited from use in tenant spaces. Propane equipment must be reviewed and approved by center management prior to use.
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20. Management will conduct at least one daily walk through of the construction site.
21. Management will be notified and present for all inspections.
22. Before space turnover to Tenant, Contractor will change out all A/C filters and “Run” all waste lines from the space to the main line to ensure lines are clear and unobstructed.
COPY OF CERTIFICATE OF INSURANCE
A. Certificate of Insurance must have the following as the certificate holder: a. Premium Outlet Partners, LP
498 Red Apple Court Central Valley, NY 10917
Additional Insured:
B. Contractor shall, at all times during the term of the works(s), at Contractor's sole cost and expense, obtain and maintain the following policies of insurance, naming the Owner Parties as "additional insured", which shall provide the Owner Parties are additional insured with respect to liability arising out of Contractor's ongoing and completed operations. Contractor shall provide notice to Owner immediately upon receipt of any notice received by the Contractor from its' insurance carrier advising of non-renewal or cancellation of the policies required under this Agreement.
C. All policies of insurance required of Contractor under this Agreement shall be obtained from reputable insurers licensed to do business in the state where the Shopping Center is located and have an A.M. Best rating of at least A- VIII. A legally enforceable Certificate of Insurance on all insurance policies required of Contractor under this Agreement shall be deposited with Owner promptly on or before the commencement of the term of this Agreement. Any insurance provided by Owner Parties shall be strictly excess, secondary and non-contributory of the insurance coverage provided by Contractor. (a) Commercial General Liability - with a limit not less than $2,000,000 ($5,000,000 if any portion of the services to be performed by Contractor hereunder involves or affects in any way the roof of the Shopping Center) for each occurrence and a $2,000,000 ($5,000,000 if any portion of the services to be performed by Contractor hereunder involves or affects in any way the roof of the Shopping Center) general aggregate limit. (i) An endorsement that includes property damage coverage for property in the care, custody or control of the Contractor. (ii) In the instances where Contractor's services include the use of "pollutants" as defined by the General Liability policy, the policy must include an endorsement removing the absolute pollution exclusion and adding broadened pollution coverage for bodily injury and property damage resulting from the discharge, dispersal, seepage, migration, release or escape of "pollutants" as defined by the General Liability policy, and providing coverage on behalf of the "additional insured", including ongoing and completed operations.
Premium Outlet Partners, LP., a Delaware limited partnership its
Managing Agent, Simon Property Group, Inc., and their respective
officers, directors, shareholders, members, partners, parents,
subsidiaries, related and affiliated entities, agents, servants, and
employees.
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(b) Commercial Automobile Liability - in the amount of $1,000,000 combined single limit for bodily injury and property damage, covering all owned, non-owned, or hired automobiles used in the course of the Contractor's business. (c) Worker's Compensation - in compliance with any and all statutes requiring such coverage in the state where the work is being performed. (d) Employer's Liability - in a minimum amount of $1,000,000 each accident, $1,000,000 each employee, $1,000,000 policy aggregate. (e) Such other insurance as may be required from time to time by Owner.
"Owner Parties," that are required to be identified as additional insured’s are:
Owner, Owner's Managing Agent, Simon Property Group, Inc., and their respective officers, directors, shareholders, members, partners, parents, subsidiaries and any other affiliated entities, agents, servants, employees, and independent contractors of these persons or entities.
9. FINES The following infractions will draw an immediate fine:
Failure to use required vendor $100 +cost to repair
Smoking inside space $500 +ejection from work site
Pouring concrete/grout/paint down drain $250 +cost to “jet” all drain lines in space
Putting trash in Center Dumpster $250 +cost to pull
Working in the electric room without notification $200
Materials equipment left in loading dock $200 +cost to discard
Debris left in loading dock $200 +clean up cost
Front Door/Barricade Door/Back Door left open $250
Continual parking violations $100 +subject to towing
Unclean common area $100
Failure to check in with Security $100
Debris around “open top” container $200 +clean up cost
Debris left on roof $200 +clean up cost
10. FEES The following fees will apply to all construction and tenant build out jobs and Woodbury Common Premium Outlets. All fees must be paid prior to the start of construction. Exceptions must be approved by the Operations Director and Mall Manager:
Construction Fee Schedule
Temporary Electric Only Redistribution Centers
412114.000 Charge CONTRACTOR CHARGES:
Tenant's Space Square Footage Fee Fee Calculation Total
0-1000 $0.34 per sq. ft.
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1001-5000 $0.43 per sq. ft. Over 5001 $0.53 per sq. ft.
Temporary Water (All) 423190.000 Charge CONTRACTOR CHARGES:
Tenant's Space Square Footage Fee Fee Calculation Total
All $0.10 0.10/Square Foot of
tenant space NTE $250 per construction job
Parking Services (All) 423190.000
$250.00 per Month
After Hours Access (All) 423190.000
$400.00 This fee is $100/single
access not to exceed $400 per construction job
Cleaning Charges (All) 423190.000 Charge CONTRACTOR CHARGES:
Tenant's Space Square Footage Fee Fee Calculation Total
All $0.20 $0.20/Square Foot of
tenant space NTE $500 per construction job
Storage/Waste Handling (All) 423190.000
$2,500.00 per Job
Coordination Charges (All) 423190.000
$250.00 Flat Rate
Crane Fees 423190.000
Flat Rate
Barricade Contractor Charges Charge CONTRACTOR CHARGES:
Store Front Linear Feet Fee Fee Calculation Total
ALL Flat Fee $250.00 $250.00
ALL $5.00 per store front linear feet
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Fire System Drain Down $250 per occurrence (only applies to spaces without isolation valves). Prior approval is required. Must have 24 hour advance and drain downs must be paid in full prior to execution.
Fees and Construction deposit must be presented in two (2) separate checks. All of the fees above can go on one check (made out to: SPGGC), and the mall deposit of $5,000 will be the second check (made out to: Premium Outlet Partners, LP).
For an update on the fees required during pre-construction meeting, contact:
Charles Thompson Assistant Operations Director (845) 928-7467 x5318 [email protected]
or William Meehan
Operations Director (845) 928-7467 x5303 [email protected]
Pod Placement – Contact Mark Slade for information regarding placement of temporary pods or short term storage.
Mark Slade T 845-928-7467 x5317 [email protected]
11. SECURITY PROCEDURES Security should be contacted of any overnight work. Fire alarm systems should be disabled during construction as to not cause false alarms (this does not include sprinkler systems). Sirina Fire Protection is the required contractor for al fire alarm work. CENTER CONTACT INFORMATION Assistant Operations Director (Primary): Charles Thompson 845-928-7467 ext. 5318 Operations Director (Secondary): William Meehan 845-928-7467 ext. 5303 General Manager: David Mistretta (845) 928-7467 ext. 5302 Center Security: 845-928-2128
ADDITIONAL PRE-QUALIFIED CONTRACTORS
Sprinkler Contractors:
Company Name: Forest Fire Sprinkler
Contact Person: Eugene O’Brien
Phone & Fax: 845-590-2539
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Address:
Company Name: Simplex Grinnell
Contact Person: Karen Patrick
Phone & Fax: 317-710-5137 or 978-731-2500
Address:
Company Name: SRI Sprinklers
Contact Person:
Phone: 845-691-3800
Address: 181 North Road, Building #3, Highland, NY 12528
Fire Alarm Contractor
Company Name: Sirina Fire Protection
Contact Person: Michael Costas
Phone: 212-929-6800
Address: 118 West 27th Street, 3rd Floor, New York, NY 10001
Roofing Contractor (This is the only authorized roofing contractor)
Company Name: United Exteriors
Contact Person: Joshua Smith
Phone: 845-569-00044
Address: 45 Osborne hill Road, Fishkill, NY 12524
Electrical Contractors
Company Name: Perreca Electric
Contact Person: Kyle Conklin
Phone: 845-742-0626
Address:
Company Name: Mehl Electric
Contact Person: Joe Caporale
Phone: 845-735-4004
Address:
Company Name: DeGeorge Brady Electric
Contact Person: Gene Brady
Phone: 845-928-2900
Address:
HVAC Contractors
Company Name: 914 Heating & Cooling
Contact Person: Ande Mitts
Phone: 845-496-5658
Address:
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Company Name: Tim Tiger Enterprises
Contact Person: Tim Tiger
Phone: 973-579-7681
Address:
Plumbing Contractor
Company Name: Robert A. Voelker, Inc.
Contact Person: Robert Voelker
Phone: 845-928-2455
Address:
Sign Contractor
Company Name: Beyond Signs & Graphics Inc.
Contact Person: Linda Nicastro
Phone: 845-782-6030
Address: 24 Walton Tr. Monroe, NY 10950
REQUIRED SUBCONTRACTORS SUITES 441A&B, 641, 645, 647, 684, 800, 801A&B, 800 & 802A ONLY
Please note that ALL Tenants in the Suites noted above & their respective Contractors are REQUIRED to use the following Landlord Redemise Subcontractors. NO EXCEPTIONS!!
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ROOFING United Exteriors Joshua Smith (845) 549 – 0788 [email protected] FIRE ALARM Sirina Protection Systems Corp Mike Costa (516) 807 – 2312 [email protected] SPRINKLER Forest Fire Eugene O’Brien (845) 223 – 6255 (845) 590 – 2539 ______________________________________________________________________In addition, ALL Contractors & Subcontractors MUST include the following names in the Additional Insured on the required Certificate(s) of Insurance.
HOLT Construction Corporation Premium Outlet Partners, LP SIMON Property Group, Inc. 60 Columbia Road, Building B, Third Floor Morristown, NJ 07960
This COI is different from the COI you provide Premium Outlet Partners LP outlined above in this document. If you have any questions about the foregoing, please contact: Turgut Cagarli, (973) 364-6533, or via email at: [email protected]
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SUBCONTRACTORS LIST
All Tenant General Contractors are required to complete the following information for each Tenant space.
Store Name: ____________________________________ Space No: _________________ Project Manager: ________________________________ Supervisor: _________________
General Contractor: _________________________________________________________
Address: ___________________________________________________________________
Office No: _____________________________________ Office Email: _________________________
Field No.: _____________________________________ Field Email: __________________________
Project Mgr Cell No: ____________________________ Supervisor Cell No: __________________
Electrical Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Mechanical Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Plumbing Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
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Drywall Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Painting Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Carpentry Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Millwork Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Wall Covering/Tile Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Storefront Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Glass Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
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Sign Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
Miscellaneous Contractor
Company Name:
Contact Person:
Phone & Fax:
Address:
CONSTRUCTION START DATE: ___________________________________________________________
FIXTURING DATE: ____________________________________________________________________
COMPLETION DATE: __________________________________________________________________
MERCHANDISING DATE: _______________________________________________________________
PROJECTED OPENING DATE: ____________________________________________________________
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Contractor Rules & Regulations Package & Center Specific Contractor Rules & Regulations Addendum
ACKNOWLEDGEMENT I acknowledge that I have received the entire Contractor Rules & Regulations Package & Center Specific Contractor Rules & Regulations Addendum and have thoroughly reviewed all items contained herein and agree to comply with all items referenced. I acknowledge receipt of the keys to the space and assume all responsibility of securing it on a regular basis. I acknowledge that the Landlord has or will post, within the lawful required period, a notice of non-responsibility within view of the construction entrance, that shall remain in view of Contractor and subcontractor employees, indicating that the Landlord shall not be responsible for any claims whatsoever arising from the work of improvement, including demo, erection or construction within the building or for materials or labor use. I acknowledge that not the Landlord, but the Tenant remains fully liable for payment of all such work completed. ________________________________________________ Contractor Company Name ___________________________________ _________________________ Contractor Representative (Print) Title ___________________________________ _________________________ Representative Signature Date Woodbury Common Premium Outlets _______________________________________________ Center Name ___________________________________ _________________________ Center Representative (Print) Title ___________________________________ _________________________ Center Representative Signature Date
