Westfield RFQ For General Contractor Services

Professional Services RFQ
REQUEST FOR QUALIFICATIONS
Pre-Construction & General Contractor
DATE POSTED: December 22, 2011 Westfield, LLC on behalf of Westfield Concession Management, LLC FOR Expansion and Renovation of OHare Terminal 5
WCM (Westfield Concession Management) invites your firm to submit qualifications for General Contractor Services for the above-referenced project.
PROJECT SUMMARY: O'Hare airport international terminal is located at O'Hare airfield in the Northwest corner of the City of Chicago. The goal of the project is to improve sales efficiency and operability and to stimulate private investment and quality job creation in the facility. The project focuses on a full spectrum expansion and retrofit of the existing terminal including a utility retrofit to support new retail and restaurant establishments.
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1. GENERAL QUALIFICATIONS:
Recent Experience - Recent experience with core and shell heavy construction in controlled environments should be highlighted. The applicant should have a strong track record of operating fast track special projects in controlled high traffic environments. Such high traffic environments include one or more of the following: airport; hotel or office lobby; public building lobby; train station and or mall or shopping center. Competence - The applicant has strong potential to successfully develop, plan, schedule, control and monitor the complete construction scope and allocate appropriate resources to complete the scope on schedule. Fit with Westfield Engagement Style - The applicant displays an ability and willingness to partner with Westfield and our consultants with complete transparency. The applicant should be prepared to work with Westfield on site hands on Project Manager who will provide oversight on behalf of Westfield Concessions. Potential exists to build a trusting relationship with Westfield - Each RFQ application is given a rating against the line item criteria which appears on page 6 of this RFQ. All criteria are weighted separately. The ratings are used to rank and prioritize further screening of applicants. In addition to the line item criteria, Westfield will further narrow the applicant pool and make final selections of applicants in the context of establishing a relationship that reflects the following: o o o Strength of experience operating in high traffic controlled environment inclusive of the Strength of Project Managers and staffers as well as front office. Strength of compliance programs for safety, sustainability, Minority and Woman's Business Enterprise and community outreach. Strength of cash required to operate project to a successful completion of awarded projects
Project Over View and Goals The project will bring the shopping and airside experience of the traveler into the 21st century. The retrofit will open sightlines and offer transparent partitions to unify natural light areas across the Terminal. Criteria for Evaluation Applications - Each application will be assessed against the following criteria (assuming they meet minimum eligibility requirements): o Organizational Capacity - The applicant has sufficient staff, systems, and resources to execute on its stated mission and to partner with WCM. The applicant is of sufficient size to be successful in reaching goals, but not so large that T5 is any less of a organizational priority. Compliance Mission Plan - The applicant's mission is driven specifically by compliance performance as strategic priority for the organization and central to achieving its goals. Compliance performance priorities will include WBE @ 5%/MBE @ 30% as well as a 50% Chicago Residency Requirement for the trades-people working on this project. Leadership Commitment to Project Success - The applicants executive leadership team is experienced, strategically focused, and displays a commitment to project goals by attending monthly project meetings. Financial Capacity - The applicant is in strong financial health and exhibits financial sustainability as reasonably verified through proper reporting. The applicant is willing and able to receive federal funding, and meet matching fund and other SIF requirements. Construction Cost Analysis - The applicant has experience with cost data collection, analysis, evaluation methods, and has a history of offering cost data to assist in the development of material specifications as well as means and methods. The applicant uses best current practices in its work, and/or the applicant demonstrates a strong evidence based reason to the contrary. The applicant is Page2
able and willing to participate in a rigorous prequalification assessment. To be considered for a GC, all organizations must meet the following minimum eligibility requirements: Established for at least 10 years Legally able to operate in the State of Illinois Willing to participate in a rigorous preconstruction cost/schedule analysis
II.
Detailed Qualifications
Westfield intends to procure a qualified General Contractor to provide pre-construction budget, planning and schedule development as well as complete construction management services for the Concessions Redevelopment at OHare International Terminal 5 (Project). The General scope for this work will include all pre-construction services including budget development, planning, scheduling, as well as the General Contractor of the project from start to completion. The work will include reworking base building systems as required for the construction of new retail space, rework of concession spaces, common areas, as well as the relocation of the existing TSA checkpoint. Project Scope - This project will include the relocation of the current TSA checkpoint, increasing the current concessions area of 15,000 square feet to 25,000 square feet and all necessary infrastructure changes to do so. The chosen firm will be responsible for working with Westfield the Chicago Department of Aviation and the TSA to complete the project in accordance with the contract schedule, budget with minimal disruption to the terminal or its passengers. The scope of work will include but is not limited to the following disciplines: electrical, mechanical, plumbing, fire sprinkler, fire alarm, framing, drywall, acoustical, flooring, painting, FF&E and security. The awarded GC will play a pivotal role in the completion of the project. The awarded contractor will be responsible to obtain all necessary permits from the department of buildings. The architect of record will submit for permit however it is the responsibility of the contractor to pay all necessary fees. GC shall adhere to compliance with all mandates of the CDA as well as the City of Chicago relating to licensing, bonding and insurance as well as the City and Westfields goals that participation in such construction contracts shall meet or exceed 30% MBE and 5% WBE. Contract Administration - The contract issued will be in two parts. The first is Pre-Construction Services and the second is General Contractor under a GMP contract with a not to exceed guarantee. Preconstruction Services - The awarded firm shall provide services that relate to the organization and development of the project prior to the start of construction including the following: Construction Cost Estimating and Analysis o Services shall include but not limited to: Provide like kind construction estimate formatted for CSI Division 1 to Division 17 line item schedule of values Provide by trade cost detail per CSI divisions 1 - 17 illustrating per square foot cost estimates Provide by trade cost detail per division illustrating labor and materials cost estimates upon receipt of the project plans the awarded contractor will provide detailed schedule of values in accordance with CSI division format. Include construction estimates showing the values of all major components of the project. Based on work products offered by Westfield's AOR (Architect Of Record), prepare a line item Schedule of Values and Cost Detail of construction costs according to CSI Division format. Provide estimate and analysis of general conditions, labor and material escalation,
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contingency, per square ft and other cost factors as required to represent a lump sum guaranteed maximum price. Design Development Cost Estimating and Analysis - Based on work products offered by Westfield's AOR, prepare a line item Cost Estimate and Analysis of construction costs according to Construction Standards Institute (CSI) Division format. Provide estimate and analysis of general conditions, labor and material escalation, contingency, per square ft and other cost factors as required to represent a lump sum guaranteed maximum price. Final Construction Drawing Cost Estimate - Based on work products offered by Westfield's AOR, prepare a line item Cost Estimate and Analysis of construction costs according to Construction Standards Institute (CSI) Division format. Provide estimate and analysis of general conditions, labor and material escalation, contingency, per square ft and other cost factors as required to represent a lump sum guaranteed maximum price. Site Evaluation - PGC's (Prospective General Contractors) are required to perform an on site survey of column lines and elevations as well as a thorough evaluation of existing conditions. PGC's are required to report any layout or load discrepancies discovered during pre-construction site evaluation. PGC's are required to coordinate utility locations and load capacities as to mitigate any later cost or schedule impacts resulting from unforeseen conditions. PGC's are to become knowledgeable with regard to site logistics specific to O'Hare airport Terminal 5 and make provisions for meeting project goals under airport conditions without exception. Constructability Analysis - Provide plan review and constructability analysis with a guaranty that project will be delivered complete within the established budget, schedule and program. Design Team Meetings - Attend weekly meetings with Westfield and AOR Value Engineering - Applicants are required to submit a detailed MEPFP Systems Analysis with an emphasis on value engineering. Systems Analysis will illustrate an Equipment Schedule of Values including but limited to any/all fans, motors, switches, relays, pumps, condensers or other equipment in the scope of the project. Contract Schedule - Applicants will be responsible for identifying all variables that will impact the flow of work and submit detailed construction CPM (Critical Path Method) schedule to be incorporated into the contract documents. Schedule shall be created in consideration of site conditions, site logistics and all variables impacting the progress of work. Project Schedules shall include identification of key milestones and track steps to all agency approvals. Trade Contractors Applicants will include as part of its qualifications a preliminary Schedule of Contracts highlighting each CSI Code with the name and scope of work the proposed subcontractor is to perform. Westfield reserves the right of refusal for any prospective subcontractor it deems unsuitable for the project. Construction Planning Applicants to submit as part of its qualifications, a plan for construction staging, onsite storage, temporary fencing, office trailer placement and access, etc. as required. Other services - Any other services that are reasonable and necessary to control the budget and schedule. Micro Budgets and Micro Schedules. List areas of self performed work. Provide resumes of persons managing self performed work. Provide resume for specialty contractors and key personnel at those companies and providing each of these services and for key personnel assigned to the Project.
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III.
Construction Administration and Management

The awarded firm shall become the General Contractor of record responsible for the following: Project Accounting and Management Systems - Project Accounting and Management Systems: In concert with the Westfield staff, develop the Project accounting and budget management systems. A process of up-to-date costs will be necessary. During construction, bi-weekly reporting will be required. General Conditions - Provide a schedule of values for General Conditions including but not limited to full-time and part-time personnel, equipment, materials, transportation, site office mobilization and demobilization. The schedule of values should delineate actual cost from estimates and self performed work from work purchased or subcontracted. Project Management - Administer and coordinate on a daily basis the work of all trades. Manage in strict the performance, scheduling, and notice requirements. Document the progress and costs of the Project. Report proactively on potential schedule impacts. Recommend potential solutions to schedule problems. Work cooperatively with Westfield, the design team, and all vendors and subcontractors to ensure the Project is delivered on time and within budget. Coordinate and attend weekly job site meetings and prepare and circulate minutes. Evaluate and process payment applications and verify progress. Evaluate and process change order requests if the Firm intends to seek reimbursement from Westfield. Evaluate and track requests for information (RFIs) and responses. Advise Westfield as to status and criticality of RFIs. Evaluate and track submittals, substitutions and change orders. Work with Westfield, and the design team to develop lists of incomplete or unsatisfactory work (punch lists). Submit necessary reports to CDA, City & State authorities, including DSA verified reports. Ensure that all other Project participants submit necessary documentation.
IV.
Selection Process
Questions pertaining to the selection process should be directed to Steve Greenberger at Westfield, LLC via e-mail to sgreenberger@us.westfield.com Note: Westfield shall not be held responsible for any oral instructions. Any changes to this Request for Qualifications (RFQ) will be in the form of a written addendum, which will be published on our web site. Westfield reserves the right to reject any or all SOQs (Statement Of Qualifications), to waive any informality or irregularity in any SOQ received, and to be the sole judge of the merits of the respective SOQs received. The General Contractors that will be short listed based upon a thorough qualification-based selection process. Firms interested in providing design services must submit a (SOQ) that addresses the criteria stated within this document. Applicants are encouraged to organize their submissions in such a way as to follow the general evaluation criteria listed herein. Information included within the SOQ may be used to evaluate your firm as part of any criteria regardless of where that information is found within the SOQ. Information obtained from the SOQ and from any other relevant source may be used in the evaluation and selection process.
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The General Contractor firms that qualify to be placed on Westfields short list of RFP bidders will be selected on the basis of the adherence to the following; Demonstrated competence and qualification for the type of services required with the best qualified firm. Acceptance of Westfields Terms and Conditions compromising of the following; Acceptance without modifications to Westfields STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL SERVICES (copy attached) Acceptance without modifications to the insurance requirements of both the Chicago Department of Aviation and Westfield. (see exhibits attached for details) A written commitment to meet or exceed the MBE/WBE requirements that had been stated within this RFQ
Ultimately the awarded Construction Management group will become an integral member of the Project Team, consisting of their own Construction team inclusive of consultants, Westfields Project Managers, Westfields selected A/E Group as well as representatives from Chicago Department of Aviation, and others as may be required. Regarding this RFQ please insure that your submission includes (but not limited to) the following; Firm Name, Contact Person, Address, Phone & E-mail Description of firm/team Legal company organization; organization chart with names List of applicable Illinois licenses Names of Key Personnel: Disciplines in house: MBE/WBE Certifications Disciplines out-sourced (Note the same informational requirements (items 1-8 above) shall be provided for each out-sourced firm or individual. Type of Organization: (should be clearly stated in SOQ) o o o o o Individual or Sole Proprietorship Professional Corporation/Association Corporation Partnership Joint Venture* (If Joint Venture or Other, give details) Other
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IV.
STATEMENT OF QUALIFICATIONS SUBMISSION and SELECTION CRITERIA

Relevant Environment Experience (40) points
Applicants overall reputation, service capabilities and quality as it relates to this project. Please list experience working within the airport environment and specifically at either OHare or Midway airports. List and briefly describe 3-5 comparable projects completed by your firm or currently in progress; include your firms role, and discuss contract amendment history, if applicable. For each project, include: contract value and construction value (original value plus contract amendments, if applicable), project owner, project location, contact name and title, address, current/accurate telephone number, fax number, and email address (if available). A minimum of three referrals and references from other agencies and owners should be provided. If possible, references should be from the projects such as listed above. List and describe any litigation; arbitration; claims filed by your firm against any project owner as a result of a contract dispute; any claim filed against your firm or termination from a project. Please include applicants capacity and intent to proceed without delay if selected for this work.
Team Experience & Qualifications (20) points

Describe each team members position within the firm. Provide resumes of each proposed team member. List professional continuing education. Briefly describe each team members role on this project. Provide team experience working together on similar projects. Identify proposed and/or potential Sub-contractors including MBE/WBE trades. Explain your understanding of, and experience with a GMP Construction Contract.
Approach to Project Management (20) points

Describe your firms project management approach and team organization during programming, design and construction phases.Describe systems used for planning, scheduling, estimating and managing design services. Describe the firms experience on quality assurance and dispute resolution.
Other Factors
(20) points
Current workload and ability to proceed promptly. Willingness to abide by the Westfields standard form Agreements without objections or changes. Willingness to abide by the Chicago Department of Aviation and Westfields insurance requirements. Provide statement regarding your assurance that this engagement will not result in a conflict of interest. Relevant factors impacting the quality and value of work. VII. SUBMITTAL EVALUATION The SOQ shall include a one-page cover letter plus a maximum of fifteen (15) pages to address the SOQ criteria specified above (excluding Resumes). Table of Contents and section divider pages do not count towards the total page count. Resumes for each key team member shall be limited to no more than two pages and shall be attached as Appendix A. Copies of the Statement of Qualifications and Appendix A must be submitted to the attention of;
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Steve Greenberger Vice President of Construction Westfield LLC 4954 Great Northern North Olmsted, Ohio 44070 Failure to comply with the following criteria may be grounds for disqualifications: Receipt of submittal by the specified cut-off date and time. Adherence to maximum page requirements. Adherence to the maximum page criteria is critical; each page single-sided (maximum 81/2 x 11) with criteria information will be counted. Pages that have photos, charts and graphs will be counted towards the maximum number of pages.
SHORT LIST SELECTION PROCESS AND SCHEDULE - A three member Project Evaluation Panel will evaluate each Statement of Qualifications (SOQ) according to the above criteria, and select a minimum of three finalists that will be Short Listed to receive an RFP (Request for Proposal). Those firms not selected for further consideration will be notified. The following tentative schedule has been prepared for this project. Firms interested in this project must be available on the interview meeting date. Statement of Qualifications Due: RFP Issued to Pre-Qualified Firms: Exhibits: 1. Westfields Guaranteed Maximum Price Contract for Construction & Pre-Construction Services This is Westfields Standard Agreement For Construction Services 2. MBE/WBE, Requirements & Local Participation The City of Chicago & CDA (Chicago Dept of Aviation) Mandated Requirements 3. Insurance Requirements-ORD Concessions Specific The City of Chicago & CDA (Chicago Dept of Aviation) Mandated Requirements Additional Westfield Requirements are included within the A&E Contract Package 4. Existing Concessions Floor Plans These pages illustrate the current concessionaires as well as adjacent areas 5. Renovated & Expanded Floor Plans Westfield (working with our pre-development design firm) has completed the new and final Renovation & Expansion plans with the cooperation of CDA. Monday, Jan 23rd 2012, 3:00 PM Week of January 30th 2012
6. Anticipated Schedule This comprehensive schedule covers all the major milestones of the project. This is inclusive of our expectations for the creation and submission of all A&E documentation.
7. CDA Design Renovation & Construction Procedures Required procedures for all design & construction activities to follow. 8. CDA Tenant Design & Construction Procedures Required procedures for all Tenant design & construction activities to follow. 9. OMP Sustainable Design Manual Page8
Identifies the City of Chicagos requirements and recommendations related to best environmental practices.
10. CDA SAM Appendix Concessions Tenants -B Checklists This is a checklist covering possible Operational Activities Energy Star Points 11. CDA SAM Appendix Design Construction -B Checklists This is a checklist covering possible Design & Construction Activities Energy Star Points 12. CDA SAM Appendix OM-B - Operations Maintenance Checklist This is a checklist covering possible Operational Maintenance Energy Star Points 13. Draft Utility Requirements Matrix As Westfield is both expanding and renovating the at Terminal 5 we have create a draft of the utility requirements for each tenant space as well as affected common areas. 14. Draft of Project Phasing Matrix This matrix is an overview and breaks out the five prime phases of the redevelopment project.
Thank you for your interest regarding this OHare Terminal 5 Retail Expansion and Renovation Project Sincerely, Steve Greenberger Vice President of Construction Westfield Concessions LLC
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EXHIBIT #1
GUARANTEED MAXIMUM PRICE CONTRACT FOR CONSTRUCTION (STATE OF ILLINOIS)
between
[OWNER] and [CONTRACTOR]
with
Westfield, LLC as Construction Manager
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Contractor Owner
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CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION is made as of the day of , 2 by and between , a (Owner) having an office at , and ,a (Contractor), having an office at , . This Contract for Construction will be referred to as the Contract and Owner and Contractor will sometimes be referred to individually as a Party and together as the Parties. RECITALS: A. Owner is prepared to engage Contractor to perform works of improvement to (the Property) located in , . The Property is currently . The Owner intends to improve the Property by (sometimes referred to herein as the Project). B. Westfield, LLC (Construction Manager) has been engaged by the Owner to act as its construction manager on the Project. In that role, Construction Manager has been designated to administer this Contract for the construction work to be performed herein, including when so directed by Owner to act on behalf of Owner to fulfill Owners obligations herein. C. Owner has engaged , with offices at , to serve as Architect.
D. Owner is prepared to engage Contractor and Contractor is prepared to accept such engagement upon the terms and conditions contained herein to act as the contractor for the Project. E. Schedule 2 to this Contract contains an index of the capitalized terms used herein and in the General Conditions of the Contract (Exhibit B hereto) and the pages in this Contract and in the General Conditions where such terms are defined. NOW, THEREFORE, the Parties agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of (a) the Contract, including all Schedules and Exhibits hereto, (b) the construction drawings and specifications (including all subsequent revisions of such documents by the Architect and other design consultants) which have been developed by the Architect and are listed on Exhibit A and which are herein collectively called the Drawings and Specifications, (c) the General Conditions of Contract for Construction attached as Exhibit B (the General Conditions), (d) the Supplemental General Conditions of Contract attached as Exhibit C (the Supplemental General Conditions), (e) the Special Conditions of Contract attached as Exhibit D (the Special Conditions) and (f) the other documents defined as contract documents in this Contract or
GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07
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Contractor Owner
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the General Conditions. The Contract Documents do not include bidding documents such as any advertisement or invitation to bid, instructions to bidders, sample forms, Contractors bid or any other documents, unless specifically enumerated herein. ARTICLE 2 THE WORK 2.1 The Work means the construction and services required by the Contract Documents in connection with the Project, whether completed or partially completed, and includes the furnishing of all materials, labor, equipment, supplies, superintendence, tools, scaffoldings, transportation, and all other services, purchases and facilities necessary for the full performance and completion of the Contractors undertakings and obligations under the Contract Documents. Work also means that which is produced, constructed or built pursuant to the Contract Documents. 2.2 Contractor acknowledges that there will be some items of Work which Contractor is responsible to provide which are not drawn or specified in the Drawings and Specifications but which are necessary for the proper execution and completion of the Work and reasonably inferable from the items of Work which are drawn or specified in the Drawings and Specifications. Such items of Work are included in Contractors scope of work and shall be performed by the Contractor as part of the Work without delay in the progress of the Work or increase in the Contract Price. ARTICLE 3 BASIC UNDERTAKINGS 3.1 For the Contract Price, the Contractor shall be responsible for the performance of all of the Work in accordance with the Contract Documents, and the Contractor shall perform all of its other undertakings and obligations under the Contract Documents. Among his undertakings and obligations: (a) Contractor shall provide the following pre-construction services: (i) Design Review Contractor shall work with Architect during the completion of the design and shall review such design to assure the quality of materials and equipment, to ensure the most efficient design and to minimize the lifecycle costs. Contractor shall provide information and estimates and make recommendations regarding construction materials, methods, systems, phasing, sequencing and costs and shall work with Architect to assure the highest quality building within the budgets established herein. (ii) Constructability Review Contractor shall check the Contract documents as they are developed by the Architect to maximize constructability and to assure completeness. Contractor shall make recommendations to improve the constructability of the Project design.
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Contractor Owner
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(iii) Cost Management Contractor shall prepare costs estimates at the following stages of design documents: 1. 2. 3. At the time of contracting percent complete percent complete
Such reviews shall be performed to accurately predict the costs of construction and to manage such costs during the design development work. Owner has designated a budget of $ for construction and Contractor shall work with Architect and Owner to keep the estimated costs of construction within that budget including suggesting value engineering and other appropriate costs control measures. (iv) Schedule Management Promptly after executing this contract, Contractor shall prepare a schedule for the construction work anticipated under this Agreement. Such schedule shall reflect Project completion no later than . To the extent the Contractors schedule projects a later completion date, Contractor shall work with Owner and Architect to revise the schedule to meet Owners completion date. Such schedule shall by updated periodically prior to construction and shall serve as the Contractors initial project schedule for construction. (b) Contractor shall furnish a competent staff for the effective administration, supervision, performance and coordination of the Work. Contractors staff will include at a minimum the persons indicated on Exhibit E attached who will perform in the capacities and with the job responsibilities described therein (Contractors Staff). Contractor shall supplement Contractors Staff with such other persons as may be necessary to fulfill Contractors undertakings and obligations in accordance with the Contract Documents. Communication with a member of Contractors Staff shall be as binding as if given to Contractor. (i) Contractor represents that it (and each of its supervisory personnel who are members of Contractors Staff) is experienced in projects similar to the Project and has sufficient skill and expertise, and is otherwise qualified, to cause all Work to be performed in compliance with the Contract Documents and the Contract schedule. (ii) The members of Contractors Staff identified by asterisk on Exhibit E will not be changed or removed without Construction Managers prior written approval. Construction Managers approval will not, however, be required if such change or removal is by reason of a staff members death, permanent disability or termination of employment with Contractor. In such event, replacements shall be acceptable to Construction Manager. If at any time, one or more members of Contractors Staff become unsatisfactory to Construction Manager, such staff member(s) shall be removed from the Project and replaced with individuals acceptable to Construction Manager. (iii) Members of Contractors staff will review and be conversant with the terms of this Contract (including all its Exhibits and Schedules) and will
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Contractor Owner
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attend meetings with Construction Manager at such reasonable times and places as shall be requested by Construction Manager or as shall otherwise be required by the Contract Documents. (c) All of the Work shall be performed by Subcontractors under written subcontract or purchase order, with the exception, however, of categories of Work, if any, which, upon request of Contractor and prior written approval of Construction Manager, may be performed by employees of the Contractor pursuant to written subcontract or purchase order (Self-Performed Work) and the category of Work known as general requirements work which is supplied directly by Contractor and which is described in Exhibit F. (i) Subcontracts and purchase orders may not be awarded except in accordance with the procedures described in Exhibit G to this Contract. Contractor will promptly furnish Construction Manager with copies of all executed subcontracts and purchase orders. Notwithstanding any involvement by Construction Manager pursuant to Exhibit G, Contractor shall be solely responsible for resolving any conflicts or inconsistencies between subcontracts (or purchase orders) and the Contract Documents without an increase in the Contract Price or Contract Time and shall be fully responsible for the work, materials and equipment provided by Subcontractors and Vendors. (ii) Contractor shall coordinate, administer, and supervise the performance of the Work by all Subcontractors in a manner consistent with the Contract Documents and shall be responsible and liable for the acts or omissions of all of the members of Contractors Group. (d) Without limitation of its other obligations under the Contract Documents, Contractor acknowledges that Article 3 of the General Conditions sets forth in greater detail additional undertakings of the Contractor which are an integral part of its obligations with respect to the Project. 3.2 As consideration for Contractors performance pursuant to Section 3.1, Owner shall pay Contractor the Contract Price in accordance with and subject to the terms and conditions set forth in the Contract Documents, including Article 9 of the General Conditions, and Owner shall perform its other undertakings and obligations under the Contract Documents. ARTICLE 4 THE CONTRACT PRICE The Contract Price for the Project will be the total reimbursable costs of Contractor up to a guaranteed maximum amount that is to be determined in accordance with Exhibit H and, together with adjustments authorized in writing by Owner, is the maximum amount payable by Owner to the Contractor for performance of the Work under the Contract Documents and for the performance of all other agreements and obligations of the Contractor thereunder. Allowances included in the Contract Price, unit prices applicable to the Work and/or amounts to be included for Contractors general requirements and
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Contractor Owner
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profit in connection with Change Orders shall be as set forth in Exhibit H, if and as applicable. 4.1 The Contractor shall submit to Construction Manager for its approval a schedule of values allocating the Contract Price to the various line-items for the Work (Schedule of Values). The Schedule of Values shall be based on and represent Contractors actual costs for each line-item and be prepared in such form, supported by such data and in such detail to substantiate its accuracy, as Construction Manager may require. This Schedule, unless and until changed with the prior written approval of Construction Manager, shall be used as a basis for the Contractors Applications for Payment. The approval of the Schedule of Values by Construction Manager is a condition to Owners obligation to make payment under the Contract. 4.2 The procedures and requirements for submission, certification and payment of monthly and final Applications for Payment are as described in Article 9 of the General Conditions. Documents for use with payment applications shall be in the forms attached as Exhibit I. 4.3 The Contract Price does not include the Alternates, if any, which are described in Exhibit J attached. Owner may elect to include any one or more of the alternates in the Work in which event the Contract Price (but not any Milestone Date or the Contract Time), the Drawings and Specifications and any other Contract Document shall be amended accordingly. ARTICLE 5 SCHEDULING AND TIMING 5.1 The Contractor shall prepare and update a Construction Progress Schedule for the Work (sometimes referred to in the Contract Documents as the CPM Schedule) in the manner and as specifically described in the General Conditions and the Supplemental General Conditions. Once approved by Construction Manager, the CPM Schedule shall be a part of the Contract Documents. 5.2 The date of commencement of construction shall be the date on which a notice to proceed is issued by Construction Manager. 5.3 The Contractor shall achieve (a) completion of the portions of the Work described on Exhibit K not later than the date set forth on Exhibit K for each such portion (the Milestone/Turnover Dates), and (b) Substantial Completion of the Work not later than the date provided for in Exhibit K. 5.4 The Contractor shall achieve Final Completion of the entire Work, including all Punchlist Work, not later than sixty (60) days after Substantial Completion. 5.5 Time is of the essence with respect to Contractors performance under the Contract Documents.
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Contractor Owner
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5.6 Contractor acknowledges that completion of its work is required for the timely opening of the Property and that Owner will enter into tenant arrangements in reliance on Contractors timely completion of its work. In recognition of the importance of a timely completion, Contractor agrees to take all necessary steps to maintain its project schedule including accelerating the work, adding additional personnel or subcontractors and all other steps necessary to maintain the Project schedule. Once Contractor has committed to a schedule and Owner enters into lease agreements, any delay in the Project completion by Contractor will have significant cost impact for which Contractor will be responsible if its work is not completed in accordance with its schedule (as adjusted pursuant to the terms of this agreement). ARTICLE 6 INSURANCE AND BONDS 6.1 Prior to the commencement of construction, insurance will be furnished by Contractor as provided for in the insurance schedule attached as Exhibit L. Exhibit L also includes a list of additional named insureds which shall be included under such insurance coverage. Construction Manager or Owner shall obtain and maintain property insurance as provided for in Exhibit L. 6.2 On or prior to date of execution of this Contract, Owner and Contractor have mutually agreed whether to obtain performance and labor and material payment bonds with respect to the Work of any Subcontractor. Any such bonds securing a Subcontractors performance and payment obligations shall be on the forms attached as Exhibit M and shall name Contractor as obligee and Owner (and upon Owners request, the Construction Manager and/or Owners lender) as co-obligee thereunder. The cost of such bonds shall be included as a line-item in the Contractors pricing proposal for the Work. Any other bonds shall be at the Contractors sole cost and expense, unless Owner otherwise agrees in writing. 6.3 Contractor shall furnish to Construction Manager proof of any required bonds and proof of required insurance as one of the conditions precedent to payment under the Contract. If any of the work required by the Contract Documents requires the use of a licensed architect or engineer, the required documents shall be sealed by a licensed Illinois design professional. Owner, Construction Manager, and Contractor shall be named as third party beneficiaries of any agreements between Contractor and design professional in a written agreement. ARTICLE 7 MISCELLANEOUS 7.1 The Contract Documents represent the entire and integrated agreement between the Parties with respect to the Project and supersede all prior negotiations, representations or agreements either written or oral. Each of the Exhibits and Schedules referenced herein and attached hereto or to another Contract Document is hereby incorporated herein and made a part hereof. If any term or provision of the Contract Documents shall be held to any extent to be invalid or unenforceable, the remaining terms
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Contractor Owner
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and provisions of the Contract Documents shall nevertheless be valid and shall be enforced to the fullest extent permitted by law. 7.2 Any notices to be given pursuant to the terms and provisions of the Contract Documents shall be in writing. Such notices shall be deemed to have been served and given when hand delivered or when delivered by courier service or, if mailed, three (3) business days after the date same is deposited by either registered or certified mail, postage prepaid, in a United States General or branch Post Office, addressed to: OWNER:
c/o Westfield, LLC 11601 Wilshire Boulevard, 11th Floor Los Angeles, California 90025 Phone: Fax: (310) 478-1267 Attn: CONTRACTOR:
Phone: Fax: Attn: Either party may designate, by notice given in the manner provided for herein, a different person and/or address for the mailing of notices to it. In the event any notice under this Section is to be sent to the attention of more than one person at such address, the requirements of this Section 7.2 shall only be deemed satisfied if copies of the notice are sent separately to all persons listed. Any consents, approvals or other communications may be sent by the use of facsimile machine with proof of transmission (with a copy of the item being sent by regular mail on the date of transmission) and shall be deemed given when transmitted. 7.3 This Contract is made for the sole benefit of Owner and Contractor, and no other person or entity shall have any right of action of any kind hereon or be deemed to be an intended third party beneficiary of this Contract. The Contract Documents shall not be construed to create any contractual relationship of any kind between (a) the Architect and the Contractor, (b) Owner and any member of Contractors Group other than Contractor, (c) Construction Manager and the Architect or Contractor, (d) any persons or entities other than Owner and the Contractor. 7.4 No waiver of any right, obligation or default shall be implied, but must be in writing, signed by the party against whom the waiver is sought to be enforced. Any
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Contractor Owner
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particular waiver of any right, obligation or default shall not be construed as a waiver of any subsequent or other right, obligation or default. 7.5 Nothing contained in this Contract shall be construed to mean that Contractor and Construction Manager are joint venturers, partners or in any other relationship other than Owners Construction Manager and Contractor. Contractor, in performing its agreements and obligations under this Contract, is an independent contractor and not an agent or employee of Construction Manager or Owner. 7.6 Contractor shall not assign this Contract or any money due or to become due hereunder without prior written consent of Owner. An assignment by operation of law of the Contractors interest shall be ineffective without the written consent of Owner. Owner shall have the right to assign this Contract without the prior consent of Contractor and, without limiting the generality of Owners right to assign: (a) Should Owner collaterally assign the Contract to its lender(s), Contractor shall cooperate with any such lender(s) and its representatives at all times, including but not limited to joining in the execution of a separate agreement in a form reasonably requested by any such lender(s) evidencing Contractors commitment to continue performance for such lender(s) in the event such lender succeeds to Owners interest hereunder; or (b) If the Owner sells or in any way transfers ownership of the Project or the Property, in whole or in substantial part, it may assign this Contract to the purchaser or other transferee. If the purchaser or other transferee accepts the assignment and assumes all of the transferors obligations, the purchaser or other transferee shall be substituted as the Owner and the transferor shall be relieved of its obligations hereunder. 7.7 Contractor has been hired to perform the services herein as a partner with Owner and Contractor shall act in the best interest of Construction Manager and Owner when performing its services herein including in the selection of subcontractors, the processing of subcontractor change orders, and the scheduling of the Work. Contractor shall not make any decision as part of its services that will benefit others at the expense of increasing the project costs or time and/or reducing the quality or workmanship of Contractor or its subcontractors or suppliers. ARTICLE 8 TERMINATION 8.1 If the Work is stopped for a period of ninety (90) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of any member of the Contractors Group, the Contractor may, upon seven (7) additional days written notice to Construction Manager, terminate the Contract. Upon such termination, Owner shall only be liable to pay Contractor such amount as may be due for that portion of the Work performed by Contractor in accordance with the Contract
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Contractor Owner
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Documents prior to the date of termination, reduced, however, by any amounts which may be due from Contractor to Owner. Except as set forth in this Section 8.1 and as otherwise provided in the Contract Documents, Contractor shall have no right to terminate the Contract, or to suspend or delay performance under any Contract Document for any reason, including the existence of any dispute. 8.2 If Contractor shall be in Default hereunder as defined in Section 3.18 of the General Conditions, Owner may, without prejudice to any other right or remedy provided for in Section 3.18 and upon written notice to the Contractor, take possession of all materials, tools, appliances, equipment, and other facilities on the Project Site, and all materials intended for the Project, wherever stored or in process, and, seven (7) days after such notice, may terminate the engagement and Contract of the Contractor and finish the Work by whatever method Owner and Construction Manager may deem expedient. 8.3 Owner may, for its convenience and at its sole discretion, at any time terminate this Contract by giving notice to Contractor. Upon receipt of such notice, Contractor shall immediately relinquish possession of the Site to Owner and Construction Manager and forthwith discontinue rendering services under this Contract other than services necessary for an orderly windup of Contractors services and the turnover of Project records and documents. Any termination pursuant to Section 8.2 which is found to not meet the requirements of Section 8.2 shall be deemed a termination pursuant to this Section 8.3. Owner specifically reserves the right to terminate the Contract pursuant to this provision if the guaranteed maximum price is not less than the budget for the Project. Upon any termination pursuant to or deemed to be pursuant to this Section 8.3, Owner shall only be liable to pay Contractor such amount as may be due for that portion of the Work performed by Contractor in accordance with the Contract Documents prior to the date of termination, reduced, however, by any amounts which may be due from Contractor to Owner. In addition, without terminating this Contract as a whole, Owner may, for Owners convenience, terminate a portion of the Contract by reducing, in such manner as Owner and Construction Manager deem appropriate, the scope of the Work to be performed by Contractor, in which event termination of a portion of the Contract shall be treated as a reduction in the scope of the Work hereunder. Owner may employ the services of other contractors to perform any portion of the work that is removed from Contractors scope. Without limitation of the provisions of Section 8.4 below, Contractor shall include in each of its Subcontracts and purchase orders provision allowing the Contractor to terminate for convenience any such contractual arrangement on terms, as between Contractor and such Subcontractor, provided for in this Section 8.3. 8.4 In the event of any termination of this Contract by Owner pursuant to this Article 8, Owner shall have the right (but shall not be obligated) to assume any or all of the subcontracts and purchase orders entered into by Contractor pursuant to and in accordance with this Contract. To that end, Contractor hereby conditionally assigns such subcontracts and purchase orders to Owner. Such assignment shall not become effective and Owner shall have no contractual relationship with any subcontractor or supplier unless and until Owner elects in writing, on a case by case basis, to accept and assume any such subcontract or purchase order. Owner will only assume obligations under any such subcontract which first arise after the date of such acceptance. Contractor shall include a provision in all
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Contractor Owner
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subcontracts and purchase orders allowing Contractor to so assign and Owner to so assume such subcontractual agreements without further consent from such Subcontractors or suppliers and in accordance with foregoing conditions and limitations. 8.5 All provisions of the Contract Documents which by their terms require performance by either party after termination of this Contract shall survive any such termination. ARTICLE 9 EXCULPATION Notwithstanding any other provision of the Contract Documents to the contrary, in no event and under no circumstances shall Owner or any successor or assign, including, without limitation, any lender or other mortgagee who shall succeed to the Owners interest therein through foreclosure, sale, deed in lieu of foreclosure or otherwise, or any partner, member, officer, director, shareholder, agent, representative or employee of any of the foregoing, have any personal obligation or liability for any of the terms, covenants, agreements or undertakings contained in this Contract (whether express or implied), all such personal liability being expressly waived by Contractor. In the event of any alleged or actual breach of this Contract or a default hereunder by Owner, Contractors sole remedies shall be (a) to enforce a mechanics lien against the Property pursuant to the provisions of the mechanics lien act of the State in which the Property is located, and/or (b) to seek a judgment against Owner (or any successor or assign) and satisfy such judgment only by the imposition and enforcement of a judgment lien against the right, title and interest of the Owner (or any successor or assign) in the Property. ARTICLE 10 CONTRACTORS REPRESENTATIONS 10.1 Contractor represents and warrants to Owner, which representations and warranties shall survive execution and delivery of the Contract Documents and final completion of the Work or termination of the Contract: (a) That he is financially solvent, able to pay his debts as they mature and possessed of sufficient working capital to complete the Work within the Contract Time (as same may be adjusted pursuant to the Contract Documents) and to perform his obligations hereunder; (b) That he is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work within the Contract Time and perform his obligations hereunder and has sufficient experience and competence to do so; (c) That he is authorized to do business in the State in which the Property is located and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over him and over the Work and the Project; and
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Contractor Owner
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(d) That the signatory to the Contract has reviewed and understands the terms of the Contract Documents and that his execution and performance of the Contract is within his duly authorized powers. IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed on the day and date first above written. CONTRACTOR:
By: ________________________________ Its _________________________________ By: ________________________________ Its _________________________________
OWNER: [Use Signature Block for Center Owner or "Westfield, LLC, Construction Manager, on behalf of Owner"]
By: ________________________________ Its _________________________________ By: ________________________________ Its _________________________________
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Contractor Owner
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LIST OF SCHEDULES AND EXHIBITS
Schedule 1 Schedule 2
Project Site Plan Index of Defined Terms
Exhibit A Exhibit B
Drawings and Specifications General Conditions of the Contract for Construction Substitution Request Form Supplemental General Conditions of Contract Special Conditions of Contract Contractors Staff and Responsibilities General Requirements Subcontractor Selection Process Contract Price, Cost of the Work and Contractors Fee Payment Forms Alternates Milestone Dates and Date of Substantial Completion Insurance List of Additional Named Insureds Form for Performance and Labor and Material Payment Bonds Project-Specific Safety Requirements
Schedule B-1 Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L -
Schedule L-1 Exhibit M Exhibit N -
Page 1 of 1
Contractor Owner
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SCHEDULE 1 PROJECT SITE PLAN [TO BE INSERTED]
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Contractor Owner
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SCHEDULE 2
Index of Defined Terms in the Contract for Construction Page(s) Architect .................................................................................................................................................................................. 1 Construction Manager ............................................................................................................................................................. 1 Contract ................................................................................................................................................................................... 1 Contract Documents ................................................................................................................................................................ 1 Contract Price .......................................................................................................................................................................... 4 Contractor................................................................................................................................................................................ 1 Contractors Staff .................................................................................................................................................................... 3 Construction Progress Schedule .............................................................................................................................................. 5 CPM Schedule ......................................................................................................................................................................... 5 Drawings and Specifications ................................................................................................................................................... 1 General Conditions .................................................................................................................................................................. 1 Milestone/Turnover Dates ....................................................................................................................................................... 5 Owner ...................................................................................................................................................................................... 1 Party/Parties ............................................................................................................................................................................ 1 Project ..................................................................................................................................................................................... 1 Property ................................................................................................................................................................................... 1 Schedule of Values .................................................................................................................................................................. 5 Self-Performed Work .............................................................................................................................................................. 4 Special Conditions................................................................................................................................................................... 1 Supplemental General Conditions ........................................................................................................................................... 1 Work ....................................................................................................................................................................................... 2 Index of Defined Terms in the General Conditions Page(s) Allowances ........................................................................................................................................................................ B-16 Application for Payment ................................................................................................................................................... B-32 Certificate for Payment ..................................................................................................................................................... B-34 Change Orders ................................................................................................................................................................... B-28 Claim(s) ............................................................................................................................................................................. B-22 Code .................................................................................................................................................................................. B-48 Construction Change Directive ......................................................................................................................................... B-28 Contract Documents ............................................................................................................................................................ B-1 Contract Time.................................................................................................................................................................... B-30 Contractors Group .............................................................................................................................................................. B-1 Contractors Punchlist ....................................................................................................................................................... B-37 Damages ............................................................................................................................................................................ B-20 Default............................................................................................................................................................................... B-18 Drawings ............................................................................................................................................................................. B-1 Hazardous Materials .......................................................................................................................................................... B-23 Owners Group .................................................................................................................................................................... B-1 Product Data ...................................................................................................................................................................... B-13 Project ................................................................................................................................................................................. B-1 Project Manual .................................................................................................................................................................... B-1 Record Drawings ............................................................................................................................................................... B-13 Samples ............................................................................................................................................................................. B-13 Separate Contractors ......................................................................................................................................................... B-27 Shop Drawings .................................................................................................................................................................. B-13 Site ...................................................................................................................................................................................... B-1 Specifications ...................................................................................................................................................................... B-2 Subcontractor .................................................................................................................................................................... B-26 Substantial Completion ..................................................................................................................................................... B-30 Substitution Request Form .................................................................................................................................................. B-8 Sub-subcontractor.............................................................................................................................................................. B-26 Unit Prices ......................................................................................................................................................................... B-16
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Contractor Owner
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EXHIBIT A DRAWINGS AND SPECIFICATIONS [TO BE INSERTED]
Exhibit A-1
Contractor Owner
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TABLE OF CONTENTS
EXHIBIT B GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Page ARTICLE 1 GENERAL PROVISIONS ....................................................................................................... B-1 1.1 CERTAIN DEFINITIONS ........................................................................................................ B-1 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS ............................... B-2 1.3 INTERPRETATION ................................................................................................................. B-3 1.4 EXECUTION OF THE CONTRACT DOCUMENTS ............................................................. B-4 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER INSTRUMENTS OF SERVICE ............................................................................................... B-4 ARTICLE 2 OWNER ..................................................................................................................................... B-4 2.1 DEFINITION ............................................................................................................................ B-4 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER ...................................... B-4 2.3 OWNERS DISCLAIMER ....................................................................................................... B-5 2.4 OWNERS RIGHT TO STOP THE WORK ............................................................................. B-5 2.5 OWNERS RIGHT TO CARRY OUT THE WORK ................................................................ B-5 2.6 OWNERS AND CONSTRUCTION MANAGERS RIGHT TO ACCESS FOR OBSERVATION AND OTHER WORK .................................................................................. B-5 ARTICLE 3 CONTRACTOR ........................................................................................................................ B-6 3.1 DEFINITION ............................................................................................................................ B-6 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR ........................................................................................................................ B-6 3.3 SUPERVISION AND CONSTRUCTION RESPONSIBILITIES AND PROCEDURES ......................................................................................................................... B-6 3.4 LABOR AND MATERIALS .................................................................................................... B-7 3.5 WARRANTY ............................................................................................................................ B-8 3.6 SUBSTITUTIONS .................................................................................................................... B-8 3.7 TAXES ...................................................................................................................................... B-9 3.8 PERMITS, FEES, AND NOTICES .......................................................................................... B-9 3.9 SCHEDULING ......................................................................................................................... B-10 3.10 DOCUMENTS AND SAMPLES AT THE SITE. .................................................................... B-13 3.11 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES .................................................... B-13 3.12 USE OF THE SITE ................................................................................................................... B-15 3.13 CUTTING AND PATCHING OF WORK................................................................................ B-16 3.14 CLEANING UP ........................................................................................................................ B-16 3.15 ALLOWANCES AND UNIT PRICES ..................................................................................... B-16 3.16 ROYALTIES AND PATENTS ................................................................................................. B-16 3.17 INDEMNIFICATION ............................................................................................................... B-17 3.18 DEFAULT ................................................................................................................................. B-18 3.19 COMMUNICATIONS .............................................................................................................. B-20 ARTICLE 4 ADMINISTRATION OF THE CONTRACT......................................................................... B-20 4.1 DEFINITION ............................................................................................................................ B-20 4.2 ADMINISTRATION OF THE CONTRACT BY CONSTRUCTION MANAGER ................ B-20 4.3 CLAIMS AND DISPUTES ....................................................................................................... B-22 4.4 RESOLUTION OF CLAIMS AND DISPUTES ....................................................................... B-25 ARTICLE 5 SUBCONTRACTORS .............................................................................................................. B-26 GMAX Contract with Pre-Con (IL)
WESTFIELD LA-180143 v1 8/15/07
- Exhibit B- i -
Contractor Owner
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5.1 5.2
DEFINITION ............................................................................................................................ B-26 SUBCONTRACTUAL RELATIONS....................................................................................... B-26
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.......................... B-26 6.1 OWNERS RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS ........................................................................................................................... B-26 6.2 MUTUAL RESPONSIBILITY ................................................................................................. B-27 6.3 CONSTRUCTION MANAGERS RIGHT TO CLEAN UP .................................................... B-27 ARTICLE 7 CHANGES IN THE WORK .................................................................................................... B-27 7.1 CHANGES ................................................................................................................................ B-27 7.2 CHANGE ORDERS.................................................................................................................. B-28 7.3 CONSTRUCTION CHANGE DIRECTIVES .......................................................................... B-28 7.4 MINOR CHANGES IN THE WORK ....................................................................................... B-30 ARTICLE 8 TIME .......................................................................................................................................... B-30 8.1 DEFINITIONS .......................................................................................................................... B-30 8.2 PROGRESS AND COMPLETION........................................................................................... B-30 8.3 DELAYS AND EXTENSIONS OF TIME ............................................................................... B-31 ARTICLE 9 PAYMENTS AND COMPLETION ........................................................................................ B-32 9.1 APPLICATIONS FOR PAYMENT .......................................................................................... B-32 9.2 STORED MATERIALS ............................................................................................................ B-33 9.3 LIEN-FREE TITLE ................................................................................................................... B-34 9.4 NO WAIVER ............................................................................................................................ B-34 9.5 CERTIFICATES FOR PAYMENT .......................................................................................... B-34 9.6 DECISIONS TO WITHHOLD CERTIFICATION .................................................................. B-35 9.7 PROGRESS PAYMENTS ........................................................................................................ B-35 9.8 FAILURE OF PAYMENT ........................................................................................................ B-36 9.9 SUBSTANTIAL COMPLETION ............................................................................................. B-36 9.10 OCCUPANCY AND USE ........................................................................................................ B-37 9.11 FINAL COMPLETION AND FINAL PAYMENT .................................................................. B-38 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY ............................................................. B-39 10.1 SAFETY AND SECURITY PRECAUTIONS AND PROGRAMS ......................................... B-39 10.2 SAFETY OF PERSONS AND PROPERTY ............................................................................ B-40 10.3 EMERGENCIES ....................................................................................................................... B-41 10.4 HAZARDOUS MATERIALS ................................................................................................... B-42 ARTICLE 11 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAM .............................................................................................................................. B-43 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ............................................................ B-44 12.1 UNCOVERING OF WORK ..................................................................................................... B-44 12.2 CORRECTION OF WORK ...................................................................................................... B-44 12.3 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK .................................... B-45 ARTICLE 13 MISCELLANEOUS PROVISIONS ...................................................................................... B-46 13.1 GOVERNING LAW ................................................................................................................. B-46 13.2 SUCCESSORS AND ASSIGNS ............................................................................................... B-46 13.3 RIGHTS AND REMEDIES ...................................................................................................... B-46 13.4 TESTS ....................................................................................................................................... B-46 ARTICLE 14 BANKRUPTCY OF CONTRACTOR .................................................................................. B-47
GMAX Contract with Pre-Con (IL)

- Exhibit B- ii -
Contractor Owner
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EXHIBIT B GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1 GENERAL PROVISIONS 1.1 CERTAIN DEFINITIONS
1.1.1 The Contract Documents mean the Contract Documents referenced in Article 1 of the Contract. The Contract Documents also are defined to include addenda issued and approved prior to the execution of the Contract and Modifications issued after execution of the Contract as well as any other documents identified as Contract Documents by Owner and Contractor in writing. The Contract Documents may be amended or modified after the execution of the Contract only by a Modification. A Modification is (a) a written amendment to the Contract signed by both parties, (b) a Change Order, (c) a Construction Change Directive, or (d) a written order for a minor change in the work issued by the Architect pursuant to Section 7.4 of the General Conditions. 1.1.2 The Contractors Group means Contractor, any Subcontractor, any Subsubcontractor, and anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 1.1.3 The Drawings are the graphic and pictorial portions of the Contract Documents, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details schedules and diagrams. 1.1.4 The Owners Group means Owner, Owners lenders and ground lessors (if any), Owners tenants (if any), Owners Representative, if any, Construction Manager, Agencies of the city where the Project is located with which Owner is under contract, if any, Architect, other consultants and their respective partners, officers, directors, shareholders, members, trustees, beneficiaries, agents and employees. 1.1.5 The Project referenced in the Recitals to the Contract is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors. 1.1.6 The Project Manual is the volume assembled for the Work which includes the bidding requirements, the Contract, sample forms, Conditions of the Contract, both general and special, the Specifications and such other items as Owner and Contractor shall mutually agree upon. 1.1.7 The Site is the space available to the Contractor for performance of the Work, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Site is shown on the Drawings.
GMAX Contract with Pre-Con (IL)

- Exhibit B- 1 -
Contractor Owner
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1.1.8 The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship of the Work, and performance of related services. 1.1.9 Other Definitions 1.1.9.1 The term provide, including derivatives thereof, shall be interpreted to mean furnish, fabricate, complete, transport, deliver, install, erect, construct, and finish, including all labor, materials, equipment, apparatus, appurtenances, and expense necessary to complete in place, ready for operation or use under the terms of the Contract Documents. 1.1.9.2 The term furnish shall mean supply or furnish only to the Project Site. 1.1.9.3 The term install shall mean install any product or material furnished. Such products and materials shall be received at the Site, unloaded, stored, protected and installed complete in place, including connections, auxiliary items and other materials and Work required for a complete and properly functioning installation, unless any such Work is specifically excluded. 1.1.9.4 The term review when used in conjunction with Architects response to submittals, requests, applications, inquiries, reports and claims by the Contractor, will be limited to the Architects responsibilities and duties as specified in the Contract Documents. In no case will the Architects review be interpreted as a release of the Contractor from its responsibilities to fulfill requirements of the Contract Documents. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.2.2 All Work mentioned or indicated in the Contract Documents shall be performed by the Contractor as part of the Contract unless it is specifically indicated in the Contract Documents that such Work is to be performed by others. 1.2.3 The Contractor shall provide all items necessary for the proper execution and completion of the Work mentioned or indicated in the Contract Documents or reasonably inferable therefrom as being necessary to produce the intended results. Should the Contract Documents disagree or be inconsistent among themselves or with each other, the Contractor shall provide the better quality or greater quantity of Work and/or materials, unless otherwise directed by written Modification to the Contract. 1.2.4 Organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
- Exhibit B-2 -
Contractor Owner
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________
1.2.6 The Drawings are intended to show general arrangement, design and extent of the Work and are partly diagrammatic. The Drawings shall not be scaled for dimensions. If figured dimensions are not given on the Drawings or if there is conflict between Drawings or between Drawings and existing conditions, the Contractor shall request an interpretation from the Architect giving reasonable advance notice. 1.2.7 All indications or notations which apply to one of a number of similar situations, materials or processes shall be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2.8 Where codes, standards, requirements and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of receiving bids except where otherwise indicated. Where conflict exists between such applicable codes, standards, requirements, and publications of public and private bodies and the Contract Documents, the more stringent or higher quality requirements shall apply. 1.2.9 Where no explicit quality or standard for materials or workmanship are established for Work, such Work is to be of good quality for the intended use and consistent with the quality of the surrounding Work and of the construction of the Project generally. 1.2.10 All manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturers written printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2.11 Except as otherwise provided in the Specifications, test boring or soil test information made available to the Contractor is not to be deemed a part of the Contract Documents. Owner does not hold out such information to the Contractor as an accurate indication of subsurface conditions and no claim for extra cost or extension of time resulting from reliance by the Contractor on such information shall be allowed. 1.2.12 Any material specified by reference to the number, symbol or title of specific standards, such as Commercial Standards, Federal Specifications, trade association standards, or similar standards, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on date of the Contract, except as limited to type, class or grade, or modified in such reference by a given date. The standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Contract. These standards are not furnished to Contractor, as manufacturers and contractors involved are assumed to be familiar with their requirements. 1.3 INTERPRETATION
References to the Contract and the Contract Documents include all subsequent amendments thereto, or other modifications thereof, entered into consistent with the provisions of the Contract. In the interest of brevity, the Contract Documents frequently omit modifying words such as all and any and articles such as the and an, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.
- Exhibit B-3 -
Contractor Owner
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________
The words include and including and words of similar import shall be deemed to be followed by the words without limitation. 1.4 EXECUTION OF THE CONTRACT DOCUMENTS
1.4.1 The Contract Documents shall be signed (or initialed where indicated) in triplicate by Owner (or if authorized by Owner, by Construction Manager on behalf of Owner) and the Contractor. If either Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Contract Documents upon request. 1.4.2 By executing the Contract, the Contractor represents that he has visited the Site, familiarized himself with the local conditions (including site and soil conditions, labor and collective bargaining conditions, governmental requirements, and materials and equipment requirements and availability) under which the Work is to be performed, that, as a result of such visits, he understands the intent and purpose of the Contract Documents and has correlated his observations with the requirements of the Contract Documents. 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER INSTRUMENTS OF SERVICE As between Owner and Contractor, Drawings, Specifications, and other documents or materials, including those in electronic form, furnished by or on behalf of Owner to Contractor or developed by Contractor in connection with the Work, shall be and remain the exclusive property of Owner. Contractor shall not publish, transfer, license or, except in connection with carrying out obligations under the Contract Documents, use or re-use all or any part of the Drawings and Specifications and other documents without the prior written approval of Owner. ARTICLE 2 OWNER 2.1 DEFINITION
The Owner is the person or organization identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number and masculine in gender. Owner may authorize Construction Manager at times to act on its behalf of and bind Owner in connection with the Contract Documents. Except as otherwise expressly provided herein, the Architect does not have the authority to bind the Owner. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
Information or services under the Owners control required to be furnished pursuant to the Contract Documents shall be furnished by the Owner and or Construction Manager with reasonable promptness after receipt from the Contractor of a written request for such information or services.
- Exhibit B-4 -
Contractor Owner
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________
2.3
OWNERS DISCLAIMER
Owner and Construction Manager shall not be responsible for and will not have control or charge of (a) construction means, methods, techniques, sequences or procedures, (b) safety or security precautions and programs in connection with the Work, or (c) the acts or omissions of the Contractor or any other member of Contractors Group. 2.4 OWNERS RIGHT TO STOP THE WORK
If the Contractor fails to (a) correct defective Work as required by Section 12.2, (b) carry out the Work in accordance with the Contract Documents, or (c) perform its obligations pursuant to the Contract Documents, the Owner or Construction Manager, in addition to other remedies, may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 2.5 OWNERS RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, the Owner or Construction Manager may give written notification to the Contractor to begin to correct such default or neglect within seven days from the date of such notice, and thereafter, to continue such corrections with diligence and promptness until completed. If the Contractor fails to do so, the Owner may, without prejudice to any other remedy he may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including Owners expenses and compensation for the Architects and/or other consultants additional services, if any, made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.6 OWNERS AND CONSTRUCTION MANAGERS RIGHT TO ACCESS FOR OBSERVATION AND OTHER WORK On behalf of itself and Construction Manager, Owner reserves the right of access to any part of the Work at any time for the purpose of observation by Owner (or any other members of Owners Group designated by Owner), or to install other work either with its own forces or with separate contractors. Such access is not to be construed to mean partial occupancy by Owner and no claim for additional compensation by Contractor because of such access or installation of work will be permitted. Contractor shall cooperate with Owner and Construction Manager during access or performance of Owners other work. Owners and Construction Managers right to access provided for herein is subject to Owner (or any other members of Owners Group seeking access) following such safety procedures as may be reasonably established by Contractor.
- Exhibit B-5 -
Contractor Owner
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________
ARTICLE 3 CONTRACTOR 3.1 DEFINITION
The Contractor is the person or entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR 3.2.1 As part of its pre- and post-construction services, Contractor shall carefully examine and compare the Contract Documents (including for this purpose the Shop Drawings) as they become available and are revised by the Architect and immediately report in writing to Construction Manager and Architect any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of detail or explanation or variance with existing physical conditions on the Site or otherwise, including any problem which may preclude proper performance of a complete system with the required characteristics of that system (all or any of which are hereinafter referred to as an error in the Contract Documents). 3.2.2 The Contractor shall be responsible for taking field measurements, establishing grades, lines, levels, column, wall and partition lines required for laying out the Work, and verifying that field conditions within which the Work will be performed will not interfere with Contractors scheduling or performance of the Work. Contractor shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing related activities and immediately report any errors, inconsistencies, or omissions to Construction Manager and Architect. 3.2.3 If the Contractor fails to perform adequately the obligations of Subparagraph 3.2.1 or 3.2.2, the Contractor shall assume responsibility for such failure of performance, shall bear the costs attributable to correction, and shall not be entitled to an increase in the Contract Price or Contract Time. 3.3 SUPERVISION AND CONSTRUCTION RESPONSIBILITIES AND PROCEDURES
3.3.1 The Contractor shall supervise, direct and be solely responsible for the performance of the Work in accordance with the Contract Documents, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. This includes, without limitation, Contractor review of any specified construction or installation procedure, including those recommended by any product manufacturer or supplier. The Contractor shall advise Construction Manager and the Architect (a) if the specified procedure deviates from good construction practice, (b) if following the procedure will affect any warranties, or (c) of any objections which the Contractor may have to the procedures or construction. 3.3.2 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his
- Exhibit B-6 -
Contractor Owner
_______
________
administration of the Contract, or by inspections, tests, or approvals required or performed by persons other than the Contractor. 3.3.3 The Contractor shall retain a competent registered professional engineer or registered land surveyor, licensed in the State in which the Project Site is located and acceptable to Construction Manager and Architect, who shall establish the exterior lines and required elevations of all buildings and structures to be erected on the Site and shall establish sufficient lines and grades for the construction of associated work such as, but not limited to, roads, utilities and site grading. Said engineer or land surveyor shall certify as to the actual location of the constructed facilities in relation to property lines, building lines, easements, and other restrictive boundaries and shall be considered a Subcontractor for purposes of this Contract. 3.3.4 Except in an emergency situation or as otherwise provided in the Contract Documents, without the prior consent of Construction Manager, no substantial field operations shall be performed by members of Contractors Group outside of regular working hours (as mutually determined by the Parties in writing prior to commencement of construction and as same may be modified during the course of construction). 3.3.5 The Contractor shall at all times afford any separate contractor and Owner and Construction Manager every reasonable opportunity for the installation of other work and the storage of materials, and shall provide access to and the use of necessary loading dock, storage room, utilities and other services. 3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, taxes and other facilities and services necessary for the proper execution and completion of the Work in accordance with the Contract Documents, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. All connection charges, assessments or inspection fees as may be imposed in connection with the Work by any State or local governmental authority or utility company are included in the Contract Price and shall be the Contractors responsibility unless otherwise provided in the Contract Documents. 3.4.2 The Contractor shall enforce strict discipline and good order among his employees and among the employees of other members of Contractors Group and shall not permit employment of unfit persons or anyone not skilled in the task assigned to him. Contractor shall be responsible to maintain and observe and shall require his Subcontractors to maintain and observe sound labor practices and shall require each Subcontractor to take all steps legally necessary to avoid labor disputes or stoppages. In addition, the Contractor agrees, at his expense, to immediately take all actions, including legal action, as may be required to resolve any strikes, slow-downs, jurisdictional or other labor disputes. Should Contractor fail to take such actions, Owner may do so and backcharge all costs and expenses, including legal fees, incurred in connection therewith to Contractor. 3.4.3 All materials and equipment shall be delivered, handled, stored, installed and protected to prevent damage in accordance with the best current practice in the industry, in accordance with manufacturers specifications and recommendations, and in accordance with the requirements of the
- Exhibit B-7 -
Contractor Owner
_______
________
Contract Documents. The Contractor shall store packaged materials and equipment in their original and sealed containers, marked with the brand and manufacturers name, until ready for use and shall deliver materials and equipment in ample time to facilitate inspection and tests prior to installation. The term delivery in reference to any item specified or indicated, means the unloading and storing with proper protection at the Site. Damaged materials or equipment will be rejected. Contractor shall provide coverings and enclosures to prevent damage and to facilitate the proper curing of all appropriate parts of the Work and shall vary such coverings and enclosures as appropriate to weather and climatic conditions and to conditions at the Site. Contractor shall maintain the Work in a new condition and all such Work shall be unmarred and undamaged at the time of final completion. 3.5 WARRANTY
The Contractor warrants to Owner that all materials and equipment furnished under the Contract Documents shall be as specified and shall be of good quality and be new unless otherwise required or permitted by the Contract Documents and that the Work will be free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. This warranty excludes remedy for damage or defect caused by abuse, improper or insufficient maintenance pursuant to manuals and other instructions furnished to Owner and Construction Manager, improper operation or normal wear and tear under normal usage. Liability or refusal of a Subcontractor or supplier responsible for the defective Work to correct such Work shall not excuse the Contractor from his warranty under this Section 3.5. The Contractors warranty shall not be limited by any manufacturers warranty. If requested by Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Notwithstanding any other provision of the Contract Documents to the contrary, this warranty is not limited by the provisions of Section 12.2 or by any other provision of the Contract Documents. 3.6 SUBSTITUTIONS
3.6.1 The products, materials and equipment of manufacturers referred to in the Specifications and on the Drawings are intended to establish the standard of quality and design required by the Architect; however, products, materials and equipment of manufacturers, other than those specified, may be used, if equivalent and approved by the Architect in accordance with and subject to the terms of this Section 3.6. 3.6.2 If the Contractor desires to use a substitute item, he shall make application therefor to the Architect in writing using the Substitution Request Form attached as Schedule B-1 and hereby incorporated herein, in sufficient time (having regard to the progress of the Work, the period of delivery of the goods concerned and adequate time for the Architects review) stating and fully identifying the proposed substitute, cost changes (if any), and submitting substantiating data (such as samples, brochures and other data requested by the Architect) of the item proposed. It is the Contractors responsibility to provide sufficient evidence by tests or other means to support any request for approval of substitutions. By making requests for substitutions, the Contractor: 3.6.2.1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;
- Exhibit B-8 -
Contractor Owner
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________
3.6.2.2 represents that the Contractor will provide the same warranty for the substitution that the Contractor provides for that specified; 3.6.2.3 certifies that the cost data presented is complete and includes all related costs, except for the Architects redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and 3.6.2.4 will coordinate the installation and integration of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.6.3 Prior to proposing any substitute item, the Contractor shall satisfy himself that the item he proposes is in fact equal or superior to that specified, that it will fit into the space allocated, that it affords comparable ease of operation, maintenance and service, that its appearance, longevity and suitability for the climate and use are at least comparable to that specified, and that the substitution is in Owners interest. 3.6.4 Acceptance of substitutions shall not relieve the Contractor from responsibility for compliance with all the requirements of the Contract Documents. 3.6.5 The Contract Time shall not be extended by an circumstance resulting from a proposed substitution, nor shall the Contractor be entitled to any compensation for any delay caused thereby. 3.6.6 All costs for the evaluation of proposed substitutions, whether by the Architect or Construction Manager, or both, and whether approved or not, shall be borne by the Contractor. 3.7 TAXES
Contractor shall be responsible for paying all sales, consumer, use, gross receipts and other similar taxes for the Work to be provided by the Contractor, which taxes shall be clearly identified and segregated by Contractor in his applications for payment under the Contract Documents. 3.8 PERMITS, FEES, AND NOTICES
3.8.1 Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor will not be entitled to any additional cost reimbursement and/or extensions of time arising from the application and issuance of any permits for the Project. 3.8.2 The Contractor shall comply with, and give all notices required by, all laws, ordinances, rules, regulations and lawful orders of any public authority applicable to the performance of the Work and shall indemnify and hold the Owners Group harmless against all costs, fines and damages and all actions, claims and proceedings due to its failure to do so. 3.8.3 Without limitation of any other provision hereof, if applicable to the Work, Owner and Construction Manager delegate to the Contractor all duties and responsibilities the Owner and Construction Manager may have pursuant to any statute, ordinance or regulation requiring notification of adjacent or nearby property owners of proposed excavations. The Contractor shall,
- Exhibit B-9 -
Contractor Owner
_______
________
as part of the Work, give all such notices as required, provide all lateral and subjacent support necessary to prevent any damage to adjacent or nearby property owners or tenants of the Property and be solely responsible to pay for any damage incurred by reason of excavations or structural alterations in connection with the Work. 3.8.4 If the Contractor observes that any of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes and regulations in any respect, he shall promptly notify the Architect and Construction Manager, in writing, before performing any related Work and any necessary changes shall be accomplished by appropriate Modification. If the Contractor performs any Work knowing, or if in the reasonable performance of his obligations hereunder Contractor should have known, that such Work is contrary to such laws, statutes, ordinances, building codes and regulations, the Contractor shall indemnify and hold Owner and Construction Manager harmless from any losses suffered thereby. 3.8.5 Required certificates of inspection, testing, approval and occupancy shall be secured by the Contractor from appropriate governmental authorities and promptly delivered by him to the Architect. 3.9 SCHEDULING
3.9.1 The Contractor shall promptly after being awarded the Contract prepare and at regular intervals during the pre-construction phase of work, submit for Construction Managers and Architects review, a proposed Construction Progress Schedule for the Work, including the Milestone Dates and other dates on the projected critical path to complete the Project within the Contract Time. The Construction Progress Schedule shall be confirmed and updated periodically during construction as required by the Contract Documents; all within the Contract Time, Milestone Dates and other constraints and requirements of the Contract Documents. The Construction Progress Schedule shall in any event provide for expeditious, safe and practicable execution of the Work. 3.9.1.1 The Construction Progress Schedule shall be in the format of a computer generated, logic driven, critical path or in such other format as Construction Manager may approve. Scheduling software shall be subject to Construction Managers review and approval, which approval shall not be unreasonably withheld although Construction Manager can require that Contractor use a scheduling program that is compatible with scheduling programs normally used by Construction Manager. Such Schedule shall contain space for notations and revisions and shall, without limitation, show complete sequence of construction by activity, with dates for beginning and completion of each element of the Work; identify each element by major Specification section; provide sub-schedules to define critical portions of the entire Schedule; show accumulated percentage of completion of each element and total percentage of Work completed, as of the same day of each month; provide separate schedule of submittal dates of shop drawings, product data and samples, and dates reviewed submittals will be required from Architect; show decision dates for selection of finishes; and include such other detail as Construction Manager may require. Such Schedule shall allow adequate time for review, comment and resubmittal until accepted by Construction Manager.
- Exhibit B-10 -
Contractor Owner
_______
________
3.9.1.2 Construction Manager may retain the professional services of a CPM Scheduling Consultant (CPM Consultant) to monitor the CPM Scheduling requirements of the Contract. Therefore, any reference to Construction Manager in this Section 3.9.1 may also indicate the involvement of the CPM Consultant. 3.9.1.3 The CPM Schedule may be revised to show changes in the Contractors method or manner of performance; delays; and changes to the Work, only after submission of proposed changes to Construction Manager and subsequent Construction Manager approval. Construction Managers approval of any scheduling documents is done solely for the purpose of confirming that all CPM Scheduling documents prepared by the Contractor appear to be in conformance with the requirements and constraints of the Contract Documents, including all Milestone Dates. The approval process does not relieve the Contractor of the sole responsibility for means, methods, procedures and sequences of the construction process. All approved changes to the CPM Schedule will be made in accordance with Section 3.9.3. 3.9.1.4 The parties acknowledges that float belongs to the Project and can be shared by Owner and Construction Manager and the Contractor. 3.9.2 The CPM Schedule is intended to provide sufficient detail and clarity of form and technique so that the Contractor can plan, schedule and control his work properly and Construction Manager can readily monitor and follow the progress for all portions of work. The CPM Schedule shall comply with the various items imposed by the scope of Work and by the Milestone Dates and completion dates specified in the Contract. The degree of detail shall be to the reasonable satisfaction of Construction Manager, but the factors having a bearing on the required depth of activity detail include: the structural breakdown of the Project; Project phasing and/or Milestones; the type of work to be performed and the labor trades involved; all purchase, manufacturing and delivery activities for all major materials and equipment; deliveries of Owner furnished items; submittal and approval of shop drawings, material samples and the like; plans for all Subcontractor Work; crew flows and sizes; assignment of responsibility for performance of all activities; access and availability to Work areas; identification of interfaces and dependencies with preceding, concurrent and follow-on Subcontractors; testing of systems; and planning for phased or total takeover by Owner. 3.9.2.1 Activities shown will be in working days and will have a maximum duration of ten (10) working days, except in the case of non-construction activities such as procurement of materials and delivery of equipment. All durations shall be the result of definitive manpower and resource planning by the Contractor. 3.9.2.2 The mathematical analysis of the detailed CPM Schedule shall be made by computer and a tabulation for each activity shall include: unique event numbers; activity descriptions; durations in work days for each activity; earliest start date (by calendar date); earliest finish date (by calendar date); latest start date (by calendar date); latest finish date (by calendar date); slack or total float in work days; and percentage of activity completed. 3.9.2.3 Computer outputs shall be prepared (and submitted in such quantities as Construction Manager shall specify) as part of the initial CPM Schedule submission and each update thereafter that include: activity file sort; eight (8) week Lookahead detailed bar chart;
- Exhibit B-11 -
Contractor Owner
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________
summary bar chart; additional computer sorts as required by Construction Manager. High density floppy disks of all computer files shall be submitted if requested by Construction Manager. 3.9.3 The first update of the detailed CPM Schedule shall take place thirty (30) calendar days after the commencement of construction, if required, with subsequent updates performed monthly (or such other period as mutually agreed upon by the Parties) at the jobsite for the duration of the construction, using a cutoff/data date agreeable to both the Contractor and Construction Manager. This cutoff/data date will be consistent from month-to-month. The update information will include: actual start dates; actual completion dates; activity percent completion; and remaining duration of activities in progress. 3.9.3.1 The Contractor will update all the scheduling documents and submit same to Construction Manager within five (5) work days of the cutoff/data date. 3.9.3.2 The Contractor will submit scheduling documents in the same formats and quantities as indicated in Subsection 3.9.2.3 of this Section. 3.9.3.3 As part of each CPM Schedule update, the Contractor will prepare a written narrative report highlighting the progress during the past update period. The written narrative report will include a summary of work accomplished during the past update period; Milestone Date comparison chart; analysis of Critical Path(s); analysis of Secondary Critical Path(s) (Secondary Critical Path is defined as flat within ten (10) W.D. of Critical Path); analysis of time lost/gained during the update period; identification of problem areas; specific identification of changes made; identification of any delay that is currently impacting/delaying the project schedule; and proposed solutions to current problems. Without limitation of the foregoing, Contractor shall identify and justify all revisions to durations or changes in logic incorporated into any update. 3.9.3.4 The Contractor will be required to attend and participate in a monthly CPM update review meeting with Construction Manager if requested by Construction Manager. The purpose of this meeting is to review past progress, current status, problem areas and future progress. 3.9.3.5 All schedule update information outlined above will be reviewed and approved by Construction Manager, but will not relieve the Contractor from its obligation to complete all work within the Milestone Dates and the Contract Time. 3.9.4 Contractor shall submit written progress reports at the times, and in the manner, as may reasonably be required by Construction Manager and/or Architect, including information on Subcontractors Work and percentages of completion. Such reports shall be given no less frequently than monthly, and more frequently as job conditions may require. Contractor shall notify Construction Manager and the Architect within three (3) days after Contractor becomes aware of any fact or circumstance which could reasonably be expected to cause the progress of the Work to fail to keep up with the Construction Progress Schedule. In such event, the Contractor shall then make every effort to correct circumstances, revise work plans, sequences and the like so that activities are completed by the agreed upon Milestone Dates. 3.9.5 Contractor shall maintain and keep available at the construction site a daily log indicating manpower performing Work (by trade), daily weather conditions and Work completed. Copies of such log shall be submitted to Construction Manager weekly. Contractor shall also maintain cost
- Exhibit B-12 -
Contractor Owner
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________
accounting records in such form as is customary in the industry or as otherwise reasonably directed by Construction Manager. 3.10 DOCUMENTS AND SAMPLES AT THE SITE
3.10.1 The Contractor shall maintain at the Site for the exclusive use of Construction Manager one record set of all Drawings, Specifications, Change Orders and other Modifications, in good order with the Drawings marked currently to record all changes and selections made during construction and to reflect how the Project is being constructed (the Record Drawings) and a record set of approved Shop Drawings, Product Data and Samples. Changes and deviations from the Contract Documents shall be accurately recorded on reproducible transparencies. All of the foregoing shall be available to the Architect and shall be delivered to him for submittal to Construction Manager upon completion of the Work and prior to final payment. 3.10.1.1 Plans and sections of all concealed work, particularly concealed piping and conduit, and deviations from conditions shown on the Drawings, shall be shown and dimensioned on the Record Drawings. Contractor shall develop as-built layout drawings for all concealed work that is only schematically indicated on the Drawings. 3.10.1.2 The Contractor shall make monthly checks of the Record Drawings related to each of his Subcontractors. Written confirmation that Record Drawings are up to date may be required by Construction Manager before approval of the Contractors Applications for Payment will be considered. 3.10.2 The Contractor shall provide three (3) sets of operating and maintenance manuals to Construction Manager at Substantial Completion of the Work as required by the Specifications. 3.11 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 3.11.1 Definitions 3.11.1.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.11.1.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 3.11.1.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.11.2 The Contractor shall review, approve, and submit Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents to the Architect with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of Owner or any separate contractors. The Contractors CPM Schedule must include activities associated with shop drawings, and Contractor should anticipate that shop drawings will require a review cycle of not less than fourteen (14) calendar days.
- Exhibit B-13 -
Contractor Owner
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________
3.11.3 The Contractor shall also prepare and submit, to the Architect for review, coordinated composite shop drawings embodying the work of the mechanical, electrical and other Subcontractors involved. After review, the Contractor shall distribute prints of reviewed composite shop drawings to affected Subcontractors. The Contractor shall require that the affected Subcontractors cooperate in preparation of the composite shop drawings to assure proper coordination between or among Subcontractors. The participating Subcontractors shall indicate their approval on such Shop Drawings. For record keeping purposes, on all submittals the Contractor shall indicate the date the Contractor received or created each submittal and the date it was transmitted to the Architect. Submittals which are not marked as reviewed and approved by the Contractor may be returned by the Architect without action. 3.11.4 By approving and submitting Shop Drawings, Product Data and Samples to the Architect, the Contractor represents that he has reviewed such submittals, determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked, coordinated, and confirmed for consistency, the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.11.5 Any Shop Drawing, Product Data or Sample submitted without Contractors approval will not be processed for review by the Architect, but will be returned to the Contractor for his compliance with the above procedures, in which event the Contractor shall bear the risk of all delays as if no Shop Drawing, Product Data or Sample has been submitted. 3.11.6 Shop Drawings shall bear a coordination stamp signed by the Contractor and each affected Subcontractor which shall confirm the representations set forth in Subsection 3.11.4. Shop Drawings shall bear the seal of a registered professional engineer if required by the Specifications. 3.11.7 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architects review of Shop Drawings, Product Data or Samples, unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect and Construction Manager have given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architects review thereof. The Architects review and/or approval of Shop Drawings, Product Data or Samples as provided for in this Subsection 3.11 shall be subject to and limited by the provisions of Section 4.2.6 hereof. 3.11.8 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architects approval of a resubmission shall not apply to such revisions. 3.11.9 The Contractor shall perform no portion of the Work requiring submission of a Shop Drawing, Product Data or Sample until the submittal has been reviewed by the Architect. 3.11.10 All costs relating to Shop Drawings, Product Data and Samples are included in the Contract Price. All charges in connection with the delivery of Samples to the Architects home office or where directed by Architect shall be paid by the Contractor.
- Exhibit B-14 -
Contractor Owner
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________
3.11.11 When professional design services or certifications of conformance to performance specifications or criteria of systems, materials or equipment are required of the Contractor by the Contract Documents, the Contractor shall cause such design services or certifications to be provided by a properly licensed and insured design professional, whose registration seal shall appear on all design drawings, calculations, specifications, and other submittals prepared or reviewed by the Contractors design professional. 3.12 USE OF THE SITE
3.12.1 The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and Construction Manager and shall access the Site as directed by Construction Manager. The Contractor shall not unreasonably encumber the Site with any materials or equipment. 3.12.2 Notwithstanding the designation of contract limits or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions or phases of the Work may require that certain operations be carried out beyond such designated limits. Trenching, utility work, site development, landscaping and all other Work, if required beyond such designated limits, shall be scheduled in such a manner as to cause or occasion a minimum of inconvenience or disturbance to the operations of Owner and Construction Manager, Owners tenants or the public. The Contractor shall obtain all necessary approvals, including those of governmental authorities, Construction Manager and Architect, prior to such operations, prosecute such operations expeditiously and restore the affected area and any other areas needed for access to substantially their original condition immediately upon completion of such operations, unless otherwise specified herein. 3.12.3 Contractor acknowledges that the Work is being undertaken at an existing, ongoing shopping mall which will be open to the public for business during the course of construction. Contractor agrees to perform the Work in such manner as to cause no interruption of, and minimize disruption to, the business of the tenants of the Property and the public at large. 3.13 CUTTING AND PATCHING OF WORK
3.13.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 3.13.2 The Contractor shall not damage or endanger any portion of the Work or the work of Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of Owner or any separate contractor except with the written consent of Construction Manager and of such separate contractor. The Contractor shall not unreasonably withhold from Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work. 3.13.3 Structural elements of the Work shall not be cut, patched, or otherwise altered or repaired without prior written authorization by the Architect. 3.13.4 Authorization to proceed with remedial operations on any damaged or defective element or portion of the Work shall not constitute a limitation or a waiver of the Architects right
- Exhibit B-15 -
Contractor Owner
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________
to require the removal and replacement of any work which fails to fulfill the requirements of the Contract Documents. 3.14 CLEANING UP
3.14.1 The Contractor at all times shall keep the Site free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Site as well as all his tools, construction equipment, machinery and surplus materials and leave the Site in broom-clean condition. The Contractor shall insure that no burning of trash or debris occurs on the Site and that no dust or trash from Work in progress creates a public nuisance. The Contractor shall comply with all municipal and other government regulations concerning environmental pollution. 3.14.2 If the Contractor fails to clean up at the completion of the Work, Construction Manager may do so as provided in Section 2.5 and the cost thereof shall be charged to the Contractor. 3.15 ALLOWANCES AND UNIT PRICES
3.15.1 Items covered by allowances, if any, shall be set forth in Exhibit H (Allowances) and shall be supplied for such amounts and by such persons or entities as shall be approved by Construction Manager. Materials and equipment under an Allowance shall be selected by Construction Manager in sufficient time after notice from Contractor to avoid delay in the Work. Whenever actual cost for an item is more than or less than the Allowance therefor, the Contract Price shall be adjusted by Change Order, the amount of which shall reflect the difference between such actual cost and the Allowance for such item. Actual cost means the cost to the Contractor of materials and equipment delivered at the Site and all required taxes, less applicable trade discounts. For this purpose actual cost shall not include Contractors costs for unloading and handling at the Site, labor, protection from damage of any nature, installation and finishing costs, overhead, profit or other expenses; all of which have been taken into account in the Contract Price. 3.15.2 Items covered by unit prices, if any, shall be set forth in Exhibit H (Unit Prices). All applicable Unit Prices are all inclusive, including labor, material, supervision, tools, equipment, testing, insurance, taxes, fringe benefits, coordination, overhead, profit and all other work necessary to provide a complete operating installation. The Unit Prices apply to the net change on any given change to the Work and are not limited by trade jurisdictions. All Unit Price Work is subject to the requirements of the Contract Documents. 3.16 ROYALTIES AND PATENTS
3.16.1 The Contractor shall pay all royalties and licensing fees applicable to the Work, if any. He shall defend all suits or claims for infringement of any patent rights or copyrights and shall indemnify and save Owner and Construction Manager harmless from loss on account thereof, except that the Contractor shall not be responsible for such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent or copyright, he shall be responsible for such loss unless he promptly gives such information to the Architect and Construction Manager in writing. In the event of any injunction or legal action
- Exhibit B-16 -
Contractor Owner
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________
arising out of any such infringement for which the Contractor is responsible, which action has the effect of stopping or hindering the Work, Construction Manager may require the Contractor to substitute such other items of like kind as will make it possible to pursue and complete the Work in which event all costs and expenses caused thereby shall be borne by the Contractor. 3.16.2 No review by Construction Manager and/or Architect of any method of construction, invention, appliance, process, article, device, or material of any kind shall constitute an authorization or approval of a use by the Contractor in violation of any patent or other rights of any person and any such use shall be at Contractors sole risk and expense. 3.17 INDEMNIFICATION
3.17.1 To the fullest extent permitted by law and subject only to the limitations below in section 3.17.1.1, Contractor shall defend, indemnify and hold Construction Manager and Owner and each of their constituent partners, members and/or shareholders and their lenders and affiliated companies (herein referred to as Indemnitees) harmless from any and all claims, demands, damages, expenses, losses, fines, penalties or liabilities, including loss of use, arising from, resulting an any manner directly or indirectly from or connected with or in the course of the performance of the Contract Work or the Contract obligations, including without limitation claims of subcontractors and suppliers contracting with Contractor. Contractors duty to defend Indemnitees shall not be apportioned or reduced in any way by the active or passive negligence or other fault of Indemnitees, or their employees or agents, or the fault or negligence of Contractor or its employees or agents, or any other third-party. Contractors obligation to defend, indemnify and hold Indemnitees harmless shall include, but will not be limited to, Indemnitees personnel-related costs, attorneys and experts fees, court costs, and all other claim-related expenses, to the fullest extent permitted by law, even though such claims may prove to be false, groundless, or fraudulent, subject only to the limitations provided below. 3.17.1.1 Contractors duty to indemnify shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence or willful misconduct of Indemnitees, or their agents or employees. 3.17.2 For the purposes of these indemnification provisions only, Contractor specifically and expressly waives any immunity that may be granted it under the workers compensation laws of any state, including but not limited to, Washington State Industrial Insurance Act, Title 51 RCW; Idaho Workers Compensation Act, Sect. 72-209; Alaska Workers Compensation Act, Sec. 23.30.055; Montana Workers Compensation Act, Sec. 39-71-411; California Labor Code, Sec. 3864; and Oregon Workers Compensation Act, Sec. 656.018; provided that such waiver shall be expressly limited to Contractors indemnity obligations herein and shall not be intended as a benefit to any third party. Further, the indemnification obligation under this Contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers compensation acts, disability benefits acts, or other employee benefits acts. 3.17.3 Contractors indemnification obligations as stated herein shall extend to claims occurring after this Contract agreement is terminated as well as while it is in force.
- Exhibit B-17 -
Contractor Owner
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________
3.17.4 The partial or complete invalidity of any one or more provisions of this Article shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the balance of the provisions shall be considered reformed to reflect the intent of the parties to the greatest extent possible consistent with the law. 3.17.5 Indemnification against Liens and Violations of Laws. Contractor further agrees to protect and fully indemnify the Owner and Construction Manager against all liability for (i) mechanics liens, stop notice claims and payment bond claims made by any Subcontractor, suppliers, laborers, rental companies, or the like, and (ii) any claims and liens for labor, taxes, materials, appliances, equipment, and supplies whatsoever, including any costs, attorneys fees, and incidental damage resulting therefrom; and for failure by Contractor or any party acting on Contractors behalf to comply with all laws, ordinances and regulations of all governmental authorities in any manner relating to the Work. The claims, liabilities, and liens described in this paragraph shall be deemed to be included, among others, within the meaning of term Indemnity Claims when that term is used in this Agreement. 3.17.6 Survival. Contractors indemnity and defense obligations set forth in this Agreement shall cover Indemnity Claims while this Contract is in force, shall extend to Indemnity Claims occurring after this Contract expires or is otherwise terminated and shall continue until any and all Indemnity Claims are adjudicated and any and all actions against the Indemnitees for such matters which are indemnified hereunder are fully and finally barred by applicable laws. 3.17.7 Participation. One or more of the Indemnitees shall have the right, if it or they so elect, to participate at its own expense in the defense of any suit, but such participation shall not affect Contractors liability for any judgment therein or release Contractor from the indemnity herein provided. 3.17.8 Not Exclusive. The indemnification provisions contained in this Paragraph 3.17 or in any other provision of the Contract Documents shall be in addition to all other rights and remedies at law or in equity available to the Indemnitees and the indemnity obligations set forth in this or in any other provision of the Contract Documents shall not be construed to negate, abridge, or reduce any other rights of indemnity accorded by law to the persons or entities indemnified. 3.17.9 Responsibility for Subcontractors. Contractor shall be solely and independently responsible for the direction, supervision, and control of its employees, agents, Subcontractors (including, without limitation, its suppliers), in the performance of the Contract. 3.17.10 Workers Compensation Acts. With respect to claims against any person or entity indemnified in Paragraph 3.17.1 above, asserted by an employee of a Subcontractor, by an employee of Contractor, by an employee of anyone directly or indirectly employed by them, or by an employee of anyone for whose acts they may be liable, the indemnity obligations under Paragraph 3.17.1 shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or the Subcontractors under workers compensation acts, disability acts or other employee benefit acts. 3.18 DEFAULT 3.18.1 The Contractor shall be in Default hereunder if:
- Exhibit B-18 -
Contractor Owner
_______
________
3.18.1.1 Contractor becomes insolvent, is adjudged a bankrupt, or makes a general assignment for the benefit of his creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors; 3.18.1.2 A receiver, trustee or liquidator of any of the property or income of Contractor shall be appointed; 3.18.1.3 Contractor refuses or fails to prosecute the Work in accordance with the Contract Documents; 3.18.1.4 Contractor fails to make proper payment to Subcontractors or for materials or labor (provided Owner shall have paid to Contractor any undisputed payments due from Owner in connection with such materials or labor); 3.18.1.5 Contractor disregards laws, ordinances, rules and regulations or orders of any public authority having jurisdiction; 3.18.1.6 Contractor fails to coordinate its Work with other contractors as required under Article 6 hereof; 3.18.1.7 Contractor fails to comply with the scheduling requirements of the Contract Documents, including a failure to meet any Milestone Date; 3.18.1.8 Contractor fails to promptly replace rejected or deficient material or correct rejected workmanship; 3.18.1.9 Contractor assigns, subcontracts, conveys or otherwise transfers the Contract or any of its rights or obligations, except as otherwise allowed herein; 3.18.1.10 Contractor fails to observe any other term, provision, condition, covenant, undertaking or agreement in the Contract Documents to be observed and performed on the part of the Contractor; provided that, before declaring the Contractor in default under the Contract, Construction Manager shall, except in emergency situations (in which event Construction Manager shall use reasonable efforts to give Contractor advance notice) give the Contractor ten (10) days written notice to correct such default or, if, in Construction Managers judgment, such default is reasonably susceptible of cure but is not reasonably susceptible of being cured within said 10 day period, the Contractor shall have up to thirty (30) days within which to cure such default so long as Contractor diligently commences to correct such default within said ten (10) day period. 3.18.2 In the event of any default by the Contractor which is not cured within the time periods set forth in Section 3.18.1 hereof, Construction Manager shall have the right to take such measures as it deems necessary to correct the default, at the Contractors sole cost and expense, and to reduce the Contract Price by the amount of such costs and expenses and to terminate the Contract in accordance with Article 8 of the Contract in addition to any and all other rights and remedies that Owner may now or hereafter have under the Contract Documents (including under Section 3.17) or at law or in equity. In the event of a termination:
- Exhibit B-19 -
Contractor Owner
_______
________
3.18.2.1 Contractor shall not be entitled to any further payment until the Work has been completed and Owner has determined its additional costs, including attorneys fees, losses and both direct and consequential damages (herein collectively sometimes referred to as Damages), as a result of Contractors default; and 3.18.2.2 If the sum of amounts previously paid to Contractor plus costs of finishing the Work plus any other costs and expenses incurred by Owner (including Owners Damages) exceeds the Contract Price, the Contractor shall pay the difference to Owner. If the sum of amounts previously paid to Contractor plus costs of finishing the Work plus Damages is less than the Contract Price, Owner shall pay the difference to the Contractor. This obligation for payment shall survive the termination of the Contract.. 3.19 COMMUNICATIONS
All communications among Construction Manager, Contractor and Architect shall take place using forms and procedures mutually agreed upon by the parties. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 DEFINITION
4.1.1 The Architect is the person or entity lawfully licensed to practice architecture identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect shall mean the Architect or its authorized representative. 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents will not be restricted, modified or extended without written consent of Construction Manager and Architect. 4.1.3 If the engagement of the Architect is terminated, Owner shall engage a new architect whose status under the Contract Documents shall be that of the former Architect. 4.2 ADMINISTRATION OF THE CONTRACT BY CONSTRUCTION MANAGER
4.2.1 If so designated by Owner and/or Construction Manager, Architect may administer portions of the Contract as described in the Contract Documents, and will be a representative of Owner and Construction Manager (1) during construction, (2) until final payment is due and/or (3) with Owners concurrence from time to time during the correction period described in Section 12.2. The Architect will have authority to act on behalf of Owner and Construction Manager only to the extent provided in the Contract Documents, unless otherwise modified in writing by Owner and Architects and communicated to Contractor. 4.2.2 The Architect will visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work, to determine in general if the
- Exhibit B-20 -
Contractor Owner
_______
________
Work is proceeding in accordance with the Contract Documents and to otherwise provide services and perform its obligations to Owner and Construction Manager. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of his on-site observations as an architect, he will keep Owner and Construction Manager informed of the progress of the Work, and will advise Owner and Construction Manager in writing of any defects and deficiencies in the Work of the Contractor. 4.2.3 The Architect will not have control over or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractors responsibility. The Architect will not be responsible for the Contractors failure to perform the Work in accordance with the Contract Documents. The Architect will not have control over or charge of the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 4.2.4 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 4.2.5 Based on the Architects observations and evaluation of the Contractors Applications for Payment, the Architect will review and certify the amounts owing to the Contractor and will issue Certificates for Payment (hereinafter described) in such amounts. 4.2.6 The Architect will review and approve or take other appropriate action upon Contractors submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept expressed in the Contract Documents. The Architects action shall be taken with reasonable promptness so as to cause no delay in the Work or in Owners, Contractors or separate contractors activities, while allowing sufficient time in the Architects professional judgment to permit adequate review. The Architects review of Contractors submittals for a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.7 The Architect will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness or in accordance with any time limit set forth in the Contract Documents. Either Owner or the Contractor may make written request to the Architect for such interpretations. 4.2.7.1 The submission to the Architect of submittals and samples approved by the Contractor and the review of said submittals and samples by the Architect shall not constitute submission in writing or approval in writing of any deviation from the requirements of the Contract Documents unless it is brought to the attention of the Architect that specific changes are being suggested. 4.2.7.2 Changes to the Drawings and Specification by means of submittals become the responsibility of the party initiating such changes. 4.2.8 Claims, disputes and other matters in question between the Contractor and Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for advisory decision which he will render in writing within a reasonable time based upon the circumstances. Except as otherwise provided herein, any
- Exhibit B-21 -
Contractor Owner
_______
________
such claim, dispute or other matter shall be subject to resolution through mediation consistent with the provisions of Section 4.4 within thirty (30) days of Architects decision. Should neither Party request mediation within such thirty day period, the advisory decision rendered by the Architect shall become final and binding on the Parties. Should either Party request mediation, the decision rendered by the Architect shall remain advisory only. 4.2.9 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.10 The Architects decisions on matters relating to aesthetic affect will be consistent with the intent expressed in the Contract Documents and shall constitute recommendations for Construction Managers approval. 4.2.11 The Architect will consult with and recommend in writing to Construction Manager rejection of Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents or when so directed by Construction Manager, he will have authority to require special inspection or testing of the Work in accordance with Subsection 13.4 whether or not such Work be then fabricated, installed or completed. However, neither the Architects authority to act under this Subsection 4.2.11, nor any decision made by him in good faith either to exercise or not exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor or any other member of Contractors Group. 4.2.12 The Architect will have authority to order minor changes in the Work as provided in Subsection 7.4 and, upon request of Construction Manager, will review and provide written recommendations with respect to Change Orders pursuant to Article 7. 4.2.13 The Architect will conduct inspections to assist in determining the dates of Substantial Completion and final completion, will receive and forward to Construction Manager for Construction Managers review written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of Section 9.11. 4.2.14 If Construction Manager and Architect agree, the Architect will provide one or more project representatives to assist the Architect in carrying out his responsibilities at the Site. 4.3 CLAIMS AND DISPUTES
4.3.1 A Claim is a demand or assertion by one of the Parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to terms of the Contract Documents. The term Claim also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. 4.3.2 Claims by either Party must be made within fifteen (15) days after the occurrence of the event giving rise to such claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice to both the other Party and the Architect. The notice shall provide sufficient detail to enable the other Party to
- Exhibit B-22 -
Contractor Owner
_______
________
investigate the matter. The responsibility to substantiate Claims shall rest with the Party making the Claim. 4.3.3 Pending final resolution of a Claim and unless otherwise agreed upon in writing by the Parties, the Contractor shall proceed diligently with performance of the Work and Owner shall continue to make payments for undisputed items in accordance with the Contract Documents. 4.3.4 With respect to Claims for concealed or unknown conditions: 4.3.4.1 Should conditions (other than Hazardous Materials, as defined in Section 10.4) be encountered below the surface of the ground require that footings, foundations and other parts of the Work be raised, lowered or changed or if additional depth of excavation below the levels shown on the Drawings is directed by the Architect, then Contractor shall be entitled to an adjustment in the Contract Price (based upon Unit Prices, if any) for any change in the amount of excavation, backfill, concrete or other improvements located on the Site, and a Change Order shall be issued. All other costs resulting from subsoil or water or other subsurface conditions, including obstructions, costs on account of delay (including waiting time, labor and equipment), administration, operations, temporary construction, cave-in or collapse or excavations, or pumping, shall be the responsibility of the Contractor. 4.3.4.2 Should conditions (other than Hazardous Materials) be encountered above the surface of the ground which are (1) concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing Party shall be given to the other Party promptly before the conditions are disturbed and in no event later than 10 days after first observance of the conditions, and, if appropriate an equitable adjustment of the Contract Price and Contract Time shall be made by Change Order. If agreement cannot be reached by the Parties, the Party seeking an adjustment in the Contract Price or Contract Time may assert a Claim in accordance with this Section 4.3. 4.3.5 If the Contractor desires to make a Claim for an increase in the Contract Price, written notice as provided in Subsection 4.3.2 shall be given, except where such Claim is made in connection with deviations in Shop Drawings or Sample submittals, in which case Claim shall be made in writing to Construction Manager and Architect concurrently with such submittal. In addition, prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. Any change in the Contract Price resulting from such Claim shall be authorized by Change Order. 4.3.6 With respect to Claims for additional time: 4.3.6.1 If the Contractor desires to make a Claim for an extension of time by reason of an alleged delay for which the Contractor is not responsible hereunder (a delay claim), written notice as provided in Subsection 4.3.2 shall be given. Such Claims shall set forth in detail the nature of the circumstances which form the basis for each such delay claim, the date upon which each such alleged cause of delay began (or began to affect the timely prosecution of the Work) and ended (or ceased to have an adverse effect upon the timely prosecution of the Work) and the number of days
- Exhibit B-23 -
Contractor Owner
_______
________
extension of time requested as a consequence of each such alleged cause of delay. In the case of a continuing delay, only one Claim is necessary. The mere presentation of a Claim for extension of time shall not establish the validity of the cause of delay or of the extension of time. Any change in the Contract Time (or any Milestone Date) resulting from such Claim shall be made by Change Order. 4.3.6.2 The Contractor shall provide such supporting documentation as Construction Manager or Architect may reasonably require in connection with a delay claim, but any such claim shall include a time impact analysis, explaining the influence of each delay claim on the current updated Construction Progress Schedule. Such time impact analysis must be submitted within seven calendar days after an alleged delay occurs or a delay claim based thereon shall conclusively be deemed to have been waived by Contractor. In connection therewith: (a) The Contractor will prepare a time impact analysis of each delay claim. The time impact analysis will demonstrate all of the event times affected by the circumstances which form the basis for the delay claim using actual path methodology to reflect added or changed activities for all new or changed events. The event times used in the time impact analysis shall be those included in the current updated Construction Progress Schedule, closest to the time of delay or as otherwise required by Construction Manager. (b) For the Contractor to be entitled to an extension of time, the time impact analysis must clearly show that the delay claim impacts the critical path of the current updated Construction Progress Schedule. Delay claims that do not so impact the critical path (including activities with float) will not be considered as a delay to the Work and no extension of time will be granted. (c) Subject to Section 4.3.7, if Construction Manager accepts a delay claim, the time impact analysis illustrating the influence of the delay in question will be incorporated into the next update of the Construction Progress Schedule by the Contractor after such acceptance. 4.3.6.3 If adverse weather conditions are the basis of a Claim for additional time, such claim shall be documented by data substantiating that, based on the worst weather over the last five (5) years, the weather conditions were worse for the period of time in question, could not have reasonably been anticipated or mitigated, and had a material adverse effect on the scheduled construction. 4.3.6.4 Claims for an extension of time arising out of authorized changes in the Work pursuant to Article 7 hereof shall be made in writing prior to or concurrent with the submission of the Contractors proposal pursuant to such change. Such claims shall be accompanied by the supporting documentation required under Subsection 4.3.6.2, including time impact analysis. No extension of time arising out of changes in the Work will be granted subsequent to the date upon which the Contractor is authorized to proceed with such change or changes in the Work unless specific provisions governing a subsequent determination of an extension of time have been incorporated in such authorization to proceed with such change or changes in the work. 4.3.7 Construction Manager shall have the right to defer his decision or decisions with reference to any Claim or Claims made pursuant to the provisions of this Section 4.3 until the actual
- Exhibit B-24 -
Contractor Owner
_______
________
effect or effects of the circumstances which form the basis for such Claim or Claims may be fully assessed. Such decision will not be unreasonably delayed or withheld. 4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Parties will attempt, in good faith, to resolve all disputes by reasonable businesslike negotiations and/or mediation. 4.4.2 In the event of a dispute between Owner and Contractor which could in either Partys reasonable judgment, materially impact the Contract Time, Contract Price or the quality of the Work, either may call a special meeting for the resolution of the dispute. The meeting shall be held at the Site within three (3) business days of a written request for the meeting which specifies the nature of the dispute to be resolved. The meeting shall be attended by representatives of Owner and Construction Manager and Contractor who shall not be attorneys and who shall attempt in good faith to negotiate a resolution of the dispute. 4.4.3 If the dispute has not been resolved within 5 business days of the special meeting, or within 8 business days of a request for a meeting, an impartial third party mediator experienced in construction matters will be employed. The mediator shall be given any written statement(s) of the parties and may review the relevant portions of the Work and other Contract Documents. The mediator shall call a special meeting of Owner and Contractor within 10 business days of his selection which shall be attended by representatives of Owner and Contractor with authority sufficient to settle the dispute. The cost of the mediation shall be borne equally by Owner and Contractor. No minutes shall be kept and the comments or findings of the mediator shall be nonbinding, non-evidentiary and in the nature of settlement discussions and without prejudice to the rights of either Party. The entire mediation process must be completed in no more than twenty (20) business days after the special meeting referred to in Section 4.4.2, unless Owner and Contractor extend the mediation period. Upon resolution of any such dispute the parties, if necessary, shall enter into an appropriate Modification evidencing such resolution. 4.4.4 If the foregoing procedures cannot resolve the dispute, they shall be resolved in a court of competent jurisdiction in the County where the Project is located and the parties stipulate that trial shall be by a judge with each party agreeing to waive their right to have any dispute arising under this Contract decided by a jury. In the event of litigation between the parties arising out of or connected with the Contract Documents or the Work, the prevailing party in such litigation shall not be entitled to recover attorneys fees, costs, expert and consultant fees, or costs incurred for or in connection with litigation. The parties agree, instead, that each party shall bear their own costs, attorneys fees and consultant fees and that no other provision of this Contract is intended to state otherwise. 4.4.5 Unless Owner otherwise agrees, Contractor shall not stop, delay, slow-down or hinder the progress of the Project so long as Owner continues to pay undisputed amounts in accordance with the Contract Documents.
- Exhibit B-25 -
Contractor Owner
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________
ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform or supply any of the Work, including suppliers pursuant to purchase order or other agreement. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. The term Subcontractor does not include any Separate Contractor (as hereinafter described) or such Separate Contractors subcontractors. 5.1.2 A Sub-subcontractor is a person or entity who has a contract with, through or under a Subcontractor to perform any of the Work, including suppliers. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized representative thereof. 5.2 SUBCONTRACTUAL RELATIONS
By an appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractors Work, which the Contractor, by the Contract Documents, assumes toward Owner and the Architect. Such agreement shall preserve and protect the rights of Owner and the Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights. Each subcontract shall specifically permit assignment to Owner or a substitute contractor if required by Owner pursuant to Article 8 of the Contract without further action by Contractor or Subcontractor and each Subcontractor shall agree to perform the remainder of the Work under its subcontract following such assignment for the unpaid balance of the subcontract amount not theretofore paid to Contractor. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly be required to make copies of such documents available to his Sub-subcontractors. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNERS RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform work related to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the
- Exhibit B-26 -
Contractor Owner
_______
________
Site, including the award of separate contracts to environmental consultants, testing services and other contractors, or to permit its tenants to hire contractors to perform work on the Project, all of which consultants and contractors are referred to herein as Separate Contractors. If the Contractor claims that delay or additional cost is involved because of such actions by Owner, he shall give prompt notice and make any such claim only pursuant to Section 4.3. 6.1.2 Owner will cooperate with Contractor to assist in the coordination of the work of his own forces and of each Separate Contractor with the work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford Owner and Separate Contractors reasonable opportunity and all required facilities for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents. 6.2.2 If any part of the Work depends for proper execution or results upon other work of Owner or any Separate Contractor, the Contractor shall, prior to proceeding with any affected portion of the Work, promptly report to Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of such other work as fit and proper to receive the Work. 6.2.3 Should the Contractor cause damage to the work or property of any Separate Contractor or should any such Separate Contractor be otherwise damaged because of delays, improperly timed activities or defective construction by the Contractor, the Contractor shall promptly remedy such damage and use best efforts to otherwise settle with such other contractor by agreement, or otherwise to resolve the dispute. If such Separate Contractor files a legal proceeding or lien against the Owner or the Property on account of any damage alleged to have been caused by the Contractor, Owner shall notify the Contractor who shall defend and indemnify Owner in accordance with Article 3.17 herein. 6.3 CONSTRUCTION MANAGERS RIGHT TO CLEAN UP
If a dispute arises between the Contractor and Separate Contractors as to their responsibility for cleaning up as required by the Contract Documents, Owner may clean up and the Architect will allocate the cost of such clean up among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract
- Exhibit B-27 -
Contractor Owner
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________
Documents. ANY ACTION BY OWNER OR CONSTRUCTION MANAGER ON BEHALF OF OWNER PURSUANT TO THIS ARTICLE 7 MUST BE IN WRITING. OTHERWISE, ANY WORK PERFORMED BY CONTRACTOR BEYOND THE SCOPE OF THE WORK AS DESCRIBED IN THE CONTRACT DOCUMENTS AND INCLUDED IN THE CONTRACT PRICE WILL BE AT THE SOLE RISK AND EXPENSE OF THE CONTRACTOR. 7.1.2 A Change Order shall be based upon agreement among Owner and Contractor; a Construction Change Directive may be issued by Owner or Construction Manager on behalf of Owner and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by Owner and signed by the Contractor and, if Owner requires, the Architect, stating their agreement upon all of the following: 7.2.1.1 a change in the Work; 7.2.1.2 the amount of the adjustment, if any, in the Contract Price; and 7.2.1.3 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Price may include those listed in Subsection 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order prepared by or on behalf of Owner, directing a change in the Work prior to agreement on an adjustment, if any, in the Contract Price or Contract Time, or both. Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. In such event, the impact of such changes shall be reviewed by the Parties and if and as appropriate, the Contract Price and Contract Time will be adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of agreement between Owner and the Contractor on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be based on one of the following methods: 7.3.3.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;
- Exhibit B-28 -
Contractor Owner
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________
7.3.3.2 unit prices stated in the Contract Documents or subsequently agreed upon; 7.3.3.3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 7.3.3.4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise Construction Manager and Architect of the Contractors agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time, if any. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Price and Contract Time, if any, or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Price, the method and the adjustment shall be determined by the Architect and/or Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Price, a reasonable amount for general requirements and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: 7.3.6.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers or workmens compensation insurance; 7.3.6.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; 7.3.6.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; 7.3.6.4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work covered by the change; and 7.3.6.5 additional costs, if any, of supervision and field office personnel directly attributable to the change. 7.3.7 Pending final determination of cost to Construction Manager, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to Owner for a deletion or change which results in a net decrease in the Contract Price shall be actual net cost as confirmed by the Architect and approved by Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change,
- Exhibit B-29 -
Contractor Owner
_______
________
the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for advisory decision pursuant to Section 4.3 and shall in any event be subject to the provisions of Section 4.3.6.4. 7.3.9 When Owner and Contractor agree with the determination made by the Architect concerning the adjustments, if any, in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK
The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Price or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order and shall be binding on Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS
8.1.1 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allocated in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Contract, regardless of the date on which Work actually begins. The date shall not be postponed because of failure to act by the Contractor or any other member of the Contractors Group. 8.1.3 The date of Substantial Completion of all of the Work pursuant to the Contract Documents is the date certified by the Architect and accepted by Owner when construction is sufficiently completed in accordance with Section 9.9. 8.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8.2 PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are of the essence of this Contract. 8.2.2 The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time and Final Completion within the time provided for in the Contract.
- Exhibit B-30 -
Contractor Owner
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________
8.3
DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed or hindered at any time in the progress of the Work by any act or neglect of Owner, Construction Manager, Architect or separate contractors employed by Owner, or by labor disputes for which Contractor is not otherwise responsible, adverse weather conditions substantiated pursuant to Subsection 4.3.6.3, unavoidable casualties, or any other causes beyond the Contractors control and not occurring due to the fault or neglect of the Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or any other person for whose acts any of them is responsible, then the Contract Time shall be extended by Change Order for such reasonable time as Owner and Contractor shall determine, if any, subject to the provisions of Section 4.3.6 hereof. 8.3.1.1 In the alternative, Owner may decline to extend the Contract Time and instead provide other relief to Contractor, provided that such relief equitably compensates the Contractor for its costs and that it is reasonable to believe that such monetary relief will permit the Contractor to comply with the Contract Time requirements without any extension of time, and, in such event, Contractor shall cooperate fully with Owner and Construction Manager and take all action necessary to so expedite the progress of the Work and comply with the Contract Time. 8.3.2 Except for delays in connection with the circumstances provided for in Subparagraph 8.3.1 or a Change Order pursuant to Article 7, no extension of time will be granted to the Contractor for any delay. 8.3.3 The Contractor shall not be entitled to a separate extension of time as a consequence of each one of a number of causes of delay which may have a concurrent or interrelated effect on the progress of the Work. 8.3.4 Should there be reasonable evidence, in Construction Managers judgment, that the Contractor has failed in any material respect to diligently commence and prosecute the Work in such manner so that completion will occur in accordance with the Contract Time, or if the Contractor shall fail in the performance of any of his other obligations under the Contract Documents, Construction Manager shall have the right on behalf of Owner to direct the Contractor, upon three (3) days notice and at the Contractors cost and expense, to furnish additional labor and to expedite deliveries of materials (or Owner may furnish such labor and expedite such deliveries at the cost of the Contractor), which labor or expediting shall, in Construction Managers judgment, be sufficient to make up lost time and complete the Work in accordance with the Contract Time. 8.3.5 Any delay on the part of the Contractor, any Subcontractor or Sub-subcontractor, any one directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable results in any claims by third parties against any members of Owners Group arising out of such delay, Contractor shall pay, satisfy, and discharge all losses, Damages and expenses arising out of such claims, including attorneys fees, and shall indemnify and hold harmless Owners Group from and against all costs, fees, losses, Damages, and expenses ensuing out of such claims enforced against Owners Group. 8.3.6 If additional labor shall not be available pursuant to Section 8.3.4, Construction Manager on behalf of Owner shall have the right to direct the Contractor to work overtime, to such an extent
- Exhibit B-31 -
Contractor Owner
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________
as will be sufficient, in Construction Managers judgment, to make up lost time and complete the Work in accordance with the Contract Time. If, in Construction Managers judgment, it appears that Contractor will not meet any date (including Milestone or other critical path date), Construction Manager on behalf of Owner shall have the right (but not the obligation) to demand that Contractor prepare within three (3) days of such demand, for Construction Managers approval, a written action plan for meeting such date, including such overtime, at Contractors expense, as may be reasonably required. Such plan will be prepared in such reasonable detail as Construction Manager may request and shall be revised as necessary to obtain Construction Managers approval. 8.3.7 Contractor agrees not to make, and hereby waives, any claim for any increase in the Contract Price or for any damages or other economic loss (including those resulting from increased supervision, acceleration, compression, or labor, material or equipment costs) on account of any delay from any cause whatsoever, including the causes set forth in Subsection 8.3.1. Contractor acknowledges and agrees that his sole right and remedy for a delay shall be a Claim for an extension of time pursuant to Subsection 8.3.1. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 APPLICATIONS FOR PAYMENT
9.1.1 Within three days after the end of each month, the Contractor, as directed by Construction Manager, shall submit to the Architect and/or Construction Manager a pencil draft of an itemized Application for Payment for operations completed in the preceding month in accordance with the Schedule of Values. Such Pencil Draft shall be complete in every respect and supported by such data substantiating the Contractors right to payment as Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage. Once the Pencil Draft has been approved by Construction Manager, Contractor shall prepare and submit a final monthly Application for Payment hereunder consistent therewith. 9.1.2 Applications for Payment may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.1.3 Provided Owner is ready, willing and able to make payment in accordance with the Contract Documents, the Contractor is obligated to furnish such releases, waivers and/or other documentation as may be required by Construction Manager, its lenders, investors or title insurance company. If any Subcontractor refuses to furnish any such release or waiver, Owner may withhold payment from Contractor, and require Contractor to furnish a bond, for two hundred percent (200%) of the amount claimed and in a form satisfactory to Construction Manager, any lender, investor or title insurance company, to indemnify them against any lien. 9.1.3.1 With each Application for Payment, for itself and each Subcontractor and material supplier, the Contractor shall deliver to the Construction Manager an affidavit showing the amount due all Subcontractors and material suppliers, and waivers for the current and previous Application for Payment amounts in accordance with the requirements of Illinois law and customary procedure.
- Exhibit B-32 -
Contractor Owner
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________
At the time of application for Final Completion, for itself and each Subcontractor and material supplier, the Contractor shall deliver to the Construction Manager an affidavit showing the amount due all Subcontractors and material suppliers and final waivers in accordance with the requirements of Illinois law and customary procedure. All waivers and affidavits shall be signed by the Contractor or Subcontractor, as appropriate. Construction Manager shall review and approve the form of the affidavit and waivers and shall have the right to make modifications to such forms to adequately protect the Owners interest while complying with the Contract and Illinois law. If the Contractor fails to deliver any required affidavit or waiver (along with other documentation required by the Contract Documents for payment), payment with respect to the portion of the Work covered by such affidavit or waiver may be withheld until the delivery of such affidavit or waiver and the Contractor shall not have the right to stop the Work. 9.1.3.2 In the event a Subcontractor or materialman files a mechanics lien or serves upon Owner or Construction Manager a notice of claim for lien against the Project or the Property, Contractor shall, within ten (10) days of Owners/s request, cause such lien or notice of claim for lien to be formally released, bonded over or satisfied, and shall reimburse Owner for all costs and expenses, including attorneys fees and bonding and title indemnity expenses, incurred by Owner in contesting, defending, discharging, or satisfying such lien or notice of claim for lien or otherwise participating in such lien claim or related lawsuit. Owner shall have the right to retain out of any payment then or thereafter to become due to Contractor two hundred percent (200%) of the amount necessary to indemnify Owner and/or Construction Manager completely against the costs of any lien or notice of claim for lien that may appear at such time in favor of any person claiming by, through, or under the Contractor, including, among others, the Subcontractors or materialmen and such Subcontractors materialmen, or any of his Sub-subcontractors and materialmen and such amount shall include reasonable allowances for the projected costs, including attorneys fees to defend any action in connection therewith or deposits which need to be made to have such lien or notice of claim for lien released against the Project and/or the Property. 9.1.3.3 Pursuant to Article 3.17, Contractor shall indemnify, protect and defend Owner and/or Construction Manager in respect of any lien or notice of claim for lien in favor of any person claiming by, through, or under it, including, among others, its Subcontractors or its and their materialmen that may appear after final payment is made. No indemnity contained in any term of any Contract Document shall require the Contractor to indemnify for the negligence of any party so indemnified. 9.2 STORED MATERIALS
Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the Site, if and only if, approved in advance by Construction Manager. Payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the Site shall be conditioned upon submission by the Contractor of bills of sale and such other documentation and procedures satisfactory to Construction Manager to establish Owners title to such materials or equipment and otherwise protect Owners and Owners lenders interest, including applicable insurance, storage and transportation to the Site for such materials and equipment stored off the Site. Construction Manager will not approve payments for readily available goods stored off the Site. Without limitation of the foregoing,
- Exhibit B-33 -
Contractor Owner
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________
Contractor may request that Owner make (and Owner will consider in good faith making) advance deposits against the purchase price for certain materials required for the Work but only where such advance deposits are customarily required for such materials. Should Owner agree to make any such advance deposits, Contractor shall comply with all conditions Owner may impose with respect thereto. 9.3 LIEN-FREE TITLE
The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to Owner either by incorporation in the Project or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances (herein referred to in this Article 9 as liens); and Contractor further warrants that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the Site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.4 NO WAIVER
Payment by Owner to Contractor shall not be construed as a waiver of Owners rights pursuant to the Contract Documents to require Contractors performance of the provisions thereof or otherwise. 9.5 CERTIFICATES FOR PAYMENT
9.5.1 The Architect will, within three (3) days after the receipt of the Contractors final monthly Application for Payment, either issue a Certificate of Payment to Construction Manager for such amount as the Architect determines is properly due or notify the Contractor in writing through Construction Manager of his reasons for withholding a Certificate as provided in Subsection 9.6. 9.5.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to Construction Manager, based on his observations at the Site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to final completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Price.
- Exhibit B-34 -
Contractor Owner
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________
9.6
DECISIONS TO WITHHOLD CERTIFICATION
9.6.1 The Architect may decline to certify payment and may withhold a Certificate for Payment, in whole or in part, to the extent reasonably necessary to protect the Owner, if in his opinion he is unable to make representations to Construction Manager as provided in Subsection 9.5.2. If the Architect is unable to certify payment in the amount of the Application, he will notify Construction Manager and Construction Manager will notify the Contractor. If Construction Manager, the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to Construction Manager. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, and Owner may withhold payment of any Application for Payment, to such extent as may be reasonably necessary in Architects opinion to protect Owner from loss because of: 9.6.1.1 defective work not remedied, 9.6.1.2 third party claims not adequately covered by insurance or otherwise secured by Contractor in a manner satisfactory to Owner and Construction Manager, 9.6.1.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, 9.6.1.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price, 9.6.1.5 damage to Owner or a separate contractor not adequately covered by insurance, 9.6.1.6 reasonable evidence that the Work will not be completed in accordance with the Milestone Dates or within the Contract Time, 9.6.1.7 failure to carry out the Work or otherwise perform in accordance with the Contract Documents, or 9.6.1.8 a lien or attachment is filed contrary to Subsection 9.1.3.1. 9.6.2 When the grounds set forth in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 PROGRESS PAYMENTS
9.7.1 After the Architect has issued a Certificate for Payment, Owner shall pay the Contractor, within forty five (45) days thereafter, ninety (90%) of the amount approved for the period covered by the Certificate of Payment on account of the labor, materials, and equipment incorporated in the Work and ninety (90%) of all the monies paid or costs incurred by Contractor on account of the materials and equipment to be incorporated into the Work and suitably stored at the Project Site (or off the Site if agreed upon in writing by the parties). Owner will release retention upon Substantial and Final completion of the Work and acceptance thereof by Owner as provided for herein.
- Exhibit B-35 -
Contractor Owner
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________
9.7.1.1 All amounts included in such approved Certificate for Payment with respect to Subcontractors and Contractor shall be subject to a ten percent (10%) retainage until such time as fifty percent (50%) of the value of the Work under such subcontracts is completed. Subsequent to completion of fifty percent (50%) of the value of the Work of any Subcontractor or the Contractor, if, in Owners and Construction Managers judgment, such Work is satisfactorily progressing and so long as such progress continues, retainage may be reduced, on a going forward basis, to five percent (5.0%) or less, as determined by Construction Manager on behalf of Owner in its sole discretion, with respect to Contractor and/or such Subcontractor. Contractor shall include a similar provision in all its subcontracts. 9.7.1.2 Owner will release retention upon final completion of the Work and acceptance thereof by Owner. Contractor acknowledges that Owner has made no agreements or commitments to the early release of retention. Owner will, however, consider Contractors requests, in good faith and on a case by case basis, for early release of retention for those Subcontractors satisfactorily completing their Work prior to the Work as a whole based on the status and progress of the Work and on the sufficiency of retainage for the Project, as a whole. 9.7.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from Owner, out of the amount paid to the Contractor on account of such Subcontractors work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Subcontractors work. All such funds paid to Contractor for the work of its subcontractors and material suppliers are provided in trust for such subcontractors and material suppliers and Contractor shall use such funds only for the purpose of paying its subcontractors and material suppliers for their work on the Project. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his Sub-subcontractors in similar manner and to hold all payments received on behalf of their sub-subcontractors and material suppliers in trust and used only for the purpose of paying such entities and/or individuals.. 9.7.3 No payment made under the Contract Documents shall be an acceptance (or any evidence of acceptance) of incomplete, defective or non-conforming Work or materials. 9.8 FAILURE OF PAYMENT
9.8.1 If within forty-five (45) days after Contractors submission to Architect of a final monthly Application for Payment, Contractor, through no fault of its own, has not received payment for undisputed Work, then the Contractor may, upon seven (7) days written notice to Construction Manager, stop the Work until payment of the undisputed amount owing has been made. 9.9 SUBSTANTIAL COMPLETION
9.9.1 Substantial Completion is the stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with the Contract Documents so Owner can occupy or utilize the Work for its intended use and such Work is fully completed in accordance with the Contract Documents, except for minor items, adjustments or corrections which have no material effect upon the utilization, function or intrinsic value of the entire Project.
- Exhibit B-36 -
Contractor Owner
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________
9.9.2 When the Contractor considers that the Work is substantially complete, the Contractor shall prepare and submit to the Architect a list of items to be completed or corrected prior to final payment (Contractors Punchlist). The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.9.3 Upon receipt of the Contractors Punchlist, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architects inspection discloses any item, whether or not included on the Contractors Punchlist, which is not sufficiently complete in accordance with the Contract Documents so Owner can occupy or utilize the Work for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion and to verify the Contractors Punchlist. 9.9.4 When the Work, or designated portion thereof, is substantially complete, the Architect will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion when approved by Construction Manager. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to Construction Manager and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.9.5 Upon such acceptance and consent of surety, if any, Owner shall pay the Contractor a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Price, less two hundred percent (200%) of the value of all incomplete work, unsettled claims, and Work requiring correction. 9.10 OCCUPANCY AND USE
9.10.1 Except as may be otherwise provided in the Special Conditions, Owner shall have the right to the uninterrupted use and benefit of the Property prior to Substantial Completion, provided that Owner will cooperate with Contractors operations at the Site. Such occupancy and use shall be further subject to the provisions set forth herein. 9.10.2 Contractor shall cooperate with Owner in providing services and facilities reasonably required for the health, safety, and comfort of the occupants and other parties lawfully present and/or entering or leaving the Site. Mutually acceptable arrangements shall be made between Owner and Contractor with regard to procedures, terms, and conditions governing the operation and maintenance of such services and facilities. 9.10.3 Owners occupancy and uninterrupted use of the Property shall not constitute acceptance of systems, materials, or elements of the Work which are not in accordance with the requirements of the Contract Documents; nor relieve the Contractor from his obligations to complete the Work; nor for responsibility for loss or damage due to or arising out of defects in, or malfunctioning of, systems, materials, equipment, or elements of the Work; nor from other unfulfilled obligations or responsibilities of Contractor under this Contract for Construction.
- Exhibit B-37 -
Contractor Owner
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________
9.11
FINAL COMPLETION AND FINAL PAYMENT
9.11.1 Upon receipt of written notice that all items on the Punchlist have been completed or repaired and the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Work fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his on site observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The Architects final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractors being entitled to final payment as set forth in Subparagraph 9.1.2 have been fulfilled. Contractor acknowledges that certificates upon which progress payments have been based shall be subject to correction in the final Project Certificate For Payment. Construction Managers approval of the Architects final Certificate for Payment shall be one of the condition precedent to the right of the Contractor to receive the final payment hereunder. Contractor shall provide detailed information regarding the settlement of all claims, suits, encumbrances or other matters in controversy arising out of the Work and any documents relating thereto upon Construction Managers request and as a condition to final payment. 9.11.2 The final payment shall not become due until the Contractor submits to Construction Manager (1) an affidavit that all payrolls, bills for materials and equipment, and other claims, obligations or liabilities connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by Construction Manager, other data establishing payment or satisfaction of all claims, obligations or liabilities (such as but not limited to receipts, releases and waivers of liens) arising out of the Contract, to the extent and in such form as may be designated by Construction Manager. If the Contractor fails to furnish such releases, waivers or other data as Construction Manager reasonably requires to satisfy Construction Manager that there are no outstanding liens, claims or obligations, Construction Manager may (but shall not be obligated to) require the Contractor, as a further condition of final payment to furnish a bond and/or title insurance coverage satisfactory to Construction Manager to protect and indemnify Owner against any such liens. Costs of such bond or title insurance shall be borne by the Contractor. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. The Application For Final Payment (including any portions covering any amounts withheld from a previous Application for Payment) shall be accompanied by the details set forth in this Paragraph 9.11.2, and Contractor shall not be entitled to payment until the following additional conditions have been fulfilled: 9.11.2.1 The Contractor through Architect (or otherwise as Construction Manager may direct) shall have delivered to Construction Manager, together with appropriate assignments, if any, all written guarantees, warranties, manuals, statements of Application for Payment and bonds required by the Contract Documents for Contractors Work and all operation and maintenance instructions for equipment and apparatus. All such documents shall be bound and indexed by Contractor and executed by Contractor and the appropriate Subcontractors.
- Exhibit B-38 -
Contractor Owner
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________
9.11.2.2 The Contractor shall have made, or caused to have been made, all corrections in Contractors Work which are required to remedy any defects therein or obtain compliance with the applicable Contract Documents. 9.11.2.3 The Contractor shall deliver to Architect record drawings showing Contractors Work. Such drawings shall be in a reproducible form. 9.11.2.4 The Architect shall have issued a final Project Certificate for Payment pursuant to Subsection 9.11.1 hereof. 9.11.3 Final payment, constituting the entire unpaid balance of the Contract Price shall be paid by Owner to the Contractor within forty-five (45) days after (a) the Work has been completed and accepted by Owner, (b) the Contract fully performed to the date of such payment, including the requirements and conditions of this Section 9.11 satisfied, and (c) a final Certificate for Payment has been issued by the Architect. 9.11.4 The acceptance of final payment shall constitute a waiver and release of all claims by the Contractor. 9.11.5 The making of final payment shall constitute a waiver of claims by Owner, except those arising from: 9.11.5.1 liens, claims, security interests, or encumbrances, known or unknown, arising out of the Contract Documents and unsettled, including, without limitation, claims of third parties and indemnity claims by Owners Group pursuant to Section 3.17 of these General Conditions; 9.11.5.2 Documents; and failure of the Work to comply with the requirements of the Contract
9.11.5.3 terms of warranties required by the Contract Documents, including those pursuant to Section 3.5 of these General Conditions. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND SECURITY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, maintaining, supervising, and enforcing all safety precautions and programs as required by applicable federal, state and local laws, codes and regulations in connection with the performance of the Work for the on-site safety of Contractors Employees and Subcontractors performing work for the benefit of this Project, as well as the safety of the general public impacted by this Project. This includes responsibilities for vendors, delivery and transportation services, and service providers at the Project location. 10.1.2 The Contractor shall create and implement a written and effective project-specific Safety Program and a project-specific Hazard Communication Program for the performance of the Work.
- Exhibit B-39 -
Contractor Owner
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________
These programs shall reflect known and anticipated exposures to be encountered in the performance of the Work. A copy of each program shall be signed by the Contractors CEO and submitted to the Architect and the Construction Manager for record purposes prior to mobilization. 10.1.2.1 The Contractor shall maintain copies of all Material Safety Data Sheets for all products used by the Contractor and Subcontractors of all tiers. These Material Safety Data Sheets shall be available for review at the Contractors Project office. 10.1.3 The Contractor shall prepare a monthly Project Safety Statistics Report using the SFT-03 form included in Exhibit N. This form shall accompany the monthly Application for payment. Failure to provide this report may cause a delay in payment. 10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take all reasonable and necessary precautions for the safety and security of, and shall provide all reasonable and necessary protection to prevent damage, injury, or loss to: 10.2.1.1 all employees on the Work and all other persons who may be affected thereby, including tenants and customers of the Property; 10.2.1.2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the Site, under the care, custody and control of the Contractor or any of the Subcontractors or Sub-subcontractors; and 10.2.1.3 other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by the existing conditions and progress of the Work, all reasonable and necessary safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 The use or storage of explosives or other hazardous materials or equipment on the Property is subject to prior written approval of the Construction Manager. 10.2.5 The Contractor shall promptly remedy all damage or loss to any person or property referred to in Subparagraphs 10.2.1 and 10.2.3 caused in whole or in part by any member of the Contractors Group, except damage or loss attributable to the acts or omissions of the Owner, Construction Manager or Architect and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 3.17 of the General Conditions.
- Exhibit B-40 -
Contractor Owner
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________
10.2.6 The Contractor shall designate a responsible English-speaking member of the Contractor's organization at the Project Site to serve as the Contractors Project Safety Representative whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless the Contractor designates another person to serve this function. This person shall be a Competent Person who is capable of identifying existing and predictable hazards in the surroundings and working conditions that are unsanitary, hazardous, or dangerous to employees, and who has the authorization to take prompt corrective measures to eliminate them. 10.2.6.1 The Contractor shall identify the Project Safety Representative in writing to the Architect and the Construction Manager prior to the commencement of the Work. 10.2.6.2 The Contractor shall identify Alternate Project Safety Representatives who shall assume the Project Safety Representatives role and responsibilities when the Project Safety Representative is not present. 10.2.6.3 The Project Safety Representative or an Alternate Project Safety Representative shall be present at all times while Contractor or Contractors Subcontractor(s) is working. 10.2.6.4 The Contractors Project Safety Representative shall make regular daily inspections of the job site, materials and equipment. Written records shall be maintained by the Contractor of identified hazards and actions taken to rectify said hazards. Such records shall be maintained at the project available for review by the Architect and the Construction Manager. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to violate any laws or industry standards or endanger the Safety of the Work. 10.2.7.1 The structure of the Project is being designed to support the loads of the finished improvements. No provision is made for stresses or loads imposed by construction operations. If the Contractor desires to place such loads in excess of the design load (as shown on Drawings), he shall submit drawings and calculations prepared by, and bearing the seal of, a professional engineer of the proposed method for supporting such loads for the Architects review and approval. No loading of any kind in excess of design loads shall be placed on any part of the structure prior to Architects approval of submitted drawings and calculations. The cost of the Architects or other consultants review shall be borne by the Contractor. 10.2.8 The Contractor shall prepare a written report setting forth the circumstances and details related to any accident or occurrences involving death, bodily injury, sickness, disease, personal injury, and/or loss or injury to or destruction of tangible property. Such reports shall be forwarded promptly (within 24 hours) to the insurance carriers, the Architect and the Construction Manager. 10.2.9 Contractor and all Subcontractors shall cooperate fully with all interested parties with respect to accident prevention and claim handling procedures. 10.3 EMERGENCIES
10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury, or loss and shall as promptly as conditions permit notify the insurance carriers, the Construction Manager, and Architect of the nature of the
- Exhibit B-41 -
Contractor Owner
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________
emergency and circumstances related thereto. Immediately after the Contractor shall prepare a written report setting forth in detail the action taken and describing in detail all circumstances all actions and conditions which are related to such action. Any additional compensation or extension of time claimed by the Contractor shall be determined as provided in Section 4.3 and Article 7 of the General Conditions. 10.4 HAZARDOUS MATERIALS
10.4.1 Contractor shall notify the Construction Manager with reasonable promptness if, during the performance of the Work, any Hazardous Material is discovered or encountered by Contractor or otherwise brought to Contractors attention. After such notification and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from and such Hazardous Material, Contractor shall stop Work in the area where such Hazardous Materials are located pending Construction Managers direction (which direction shall be given with reasonable promptness) and any other portions of the Project Site where the Continuation of the work in such areas is likely to cause disturbance of such Hazardous Materials. Contractor shall not take any other action with respect to such Hazardous Materials without the Construction Managers prior written approval. Notwithstanding anything to the contrary in this Paragraph 10.4, Contractor shall have full responsibility for any Hazardous Materials introduced to the Project Site by Contractor, Subcontractors, or anyone acting by, through, or under any of them. 10.4.1.1 For the purposes of this Paragraph 10.4, the term Hazardous Materials is hereby deemed to include collectively and hazardous or toxic waste, material or substance as those terms are defined under any federal, state or local law, ordinance, rule, regulation or order in effect during the performance of the Work, concerning the handling, collection, transport, release or disposal of, or exposure to, any waste, material or substance, including, but not limited to, any hazardous substance under the Comprehensive Environmental Response Compensation and Liability Act, as amended, 42 U.S.C Sec. 9201 et seq. (CERCLA); oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable for fuel; asbestos, asbestos containing material, PCBs, and other substances regulated under the Toxic Substances Control Act, as amended, 15 U.S.C. Sec. 2601 et seq. (TSCA); source material, special nuclear material, byproduct materials, and any other radioactive materials or radioactive wastes regulated under the Atomic Energy Act, as amended, 42 U.S.C. Sec. 2011 et seq. or the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. Sec. 10101 et seq.; and industrial process and pollution control wastes whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Sec. 9601 et seq. (RCRA). 10.4.1.2 Construction Manager recognizes that the presence of Hazardous Materials or suspected Hazardous Materials may cause Contractor to stop portions, or all, of the Work. Such actions may delay the progress of the Work. In such event(s), Contractor may be entitled to an equitable adjustment in the Contract Time, subject to Section 4.3.6 of the General Conditions.
- Exhibit B-42 -
Contractor Owner
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ARTICLE 11 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAM 11.1 The provisions of all federal executive orders and amendments thereto, including but not limited to Executive Order 11246, and the provisions of state statutes and regulations and amendments thereto, relative to compliance with equal employment opportunity shall apply to all Work. The Contractor agrees to take affirmative action to provide equal employment opportunity pursuant to the provision of said executive orders and state statutes and regulations as amended from time to time. Additionally, Contractor will fully comply with and advise Construction Manager and Owner of any and all local or municipal equal opportunity requirements, including but not limited to any minority set-aside requirements or whether the Project is within an Enterprise Zone 11.1.1 To the extent applicable, during the performance of this Agreement the Owner and Contractor hereby incorporate by reference the provisions set forth in 41 C.F.R. 60-1.4, 60250.5 and 60-741.5, which provisions apply to all nonexempt contractors and vendors. 11.2 The equal employment opportunity policies that shall govern the employment practices of the Contractor and its Subcontractors in connection with the performance of the Work under the Contract, their compliance which shall be the primary responsibility of the Contractor, are set forth below. 11.2.1 Neither the Contractor nor any of its Subcontractors shall discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall implement affirmative action programs to ensure that qualified applicants are employed, and that employees are treated during employment without regard to race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. 11.2.2 The Contractor and its Subcontractors shall, in all advertisement or solicitations for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, age, sex or national origin. 11.2.3 The Contractor and its Subcontractor shall send to each labor union or group with which they have a collective bargaining agreement or other contract or understanding, a notice advising such workers representative of the commitment under Executive Orders 11246, 11141, 11598, 11625, 11758, and Title 7 Civil Rights Act of 1964 as amended, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11.2.4 Contractor agrees from time to time, as Construction Manager shall request, to execute and deliver to Construction Manager within seven (7) days of Construction Managers request a statement that this Contract is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications). Such statement shall also include whether or not, to the best knowledge of Contractor, either party is in default in the performance of any of its obligations under this Contract, and if so, specifying each such default.
- Exhibit B-43 -
Contractor Owner
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ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK
12.1.1 If any portion of the Work should be covered contrary to the request of the Architect or to requirements specifically expressed in the Contract Documents, it must if required in writing by the Architect, be uncovered for his observation and shall be replaced all at the Contractors expense without adjustment in the Contract Time. 12.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to observe prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be at Owners expense. If such Work be found not in accordance with the Contract Documents, correction shall be at the Contractors expense, unless it be found that this condition was caused by Owner or a separate contractor as provided in Article 6, in which event Owner shall be responsible for the payment of such costs. 12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct all Work rejected by Construction Manager or failing to conform to the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including compensation for the Architects and/or Construction Managers additional services, if any, made necessary thereby, shall be at the Contractors expense. 12.2.2 If, prior to the date of Substantial Completion, the Contractor, a Subcontractor, or anyone for whom either is responsible, uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing and other building systems, machinery, equipment or other mechanical device, the Contractor shall cause such item to be cleaned, serviced, and restored, as applicable, to a like new condition at no expense to Owner. 12.2.3 In addition to the Contractors obligations under Section 3.5, if, within one year after the Date of Substantial Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty required by the Contract Documents, any of the Work is found to be defective, the Contractor shall correct it promptly after receipt of a written notice from Construction Manager to do so unless Construction Manager has previously given the Contractor a written acceptance of the specific condition; provided, however, that with regard to any portion of the Work which is completed after the Date of Substantial Completion, said one-year period as to such work shall commence upon the completion of such portion of the Work. This obligation shall survive termination of this Contract. Construction Manager shall give such notice promptly after discovery of the condition. 12.2.4 The Contractor shall remove from the Site all portions of the Work which are defective or nonconforming and which have not been corrected under Subsections 3.5, 12.2.1 and 12.2.2, unless removal is waived in writing by Owner.
- Exhibit B-44 -
Contractor Owner
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12.2.5 If the Contractor fails to correct defective or non-conforming Work as provided in Subsections 3.5, 12.2.1 and 12.2.2, Owner may correct it in accordance with Paragraph 2.5. 12.2.6 If the Contractor does not proceed with the correction of such defective or nonconforming Work within a reasonable time fixed by written notice from the Architect, Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, Owner may upon ten (10) additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs incurred by Owner in connection therewith including reasonable attorneys fees and compensation for the Architects additional services made necessary thereby. If such proceeds of sale do not cover all costs incurred by Owner in connection therewith the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to Owner. 12.2.7 Subject to Sections 12.2.1 and 12.2.2, the Contractor shall bear the cost of making good all work of Owner, Separate Contractors or any other member of the Owners Group destroyed or damaged by such correction or removal. 12.2.8 After the correction period and until the applicable period of limitation and repose expires, Owner has no obligation to permit the Contractor to correct Work which fails to comply with the Contract Documents, but may do so with Owners own forces or otherwise at the Contractors expense. 12.2.9 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Section 3.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Contractors liability with respect to his obligations other than specifically to correct the Work. All warranty obligations shall remain in full force and effect until barred in accordance with applicable statutes of limitation and repose. 12.3 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK
If Owner prefers to accept defective or nonconforming Work, he may do so, in writing, instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Price where appropriate and equitable (but such reduction shall not exceed an amount equal to the cost of replacement of such defective or nonconforming Work, as reasonably determined by Construction Manager). Such adjustment shall be effected whether or not final payment has been made.
- Exhibit B-45 -
Contractor Owner
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ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW
This Contract shall be governed by the law of the State in which the Property is located. 13.2 SUCCESSORS AND ASSIGNS
Subject to Section 7.6 of the Contract, Owner and the Contractor each binds himself and his successors and assigns to the other Party hereto and to the successors and assigns of such other Party in respect to all covenants, agreements and obligations contained in the Contract Documents. 13.3 RIGHTS AND REMEDIES
13.3.1 Except as otherwise herein provided, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 13.3.2 No action or failure to act by Owner, Construction Manager, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract for Construction, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 13.4 TESTS
13.4.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect and/or Construction Manager timely notice of its readiness so the Architect and/or Construction Manager may observe such inspection, testing or approval. The Contractor shall perform and bear all costs of such inspections, tests and approvals, unless otherwise provided. 13.4.1.1 Where certain testing and inspection requirements are set forth in the Contract Documents to be performed at the expense of Owner, Construction Manager will retain on behalf of Owner the services of testing laboratories, agencies, or consultants, to perform such tests or inspections and render such services as may be required to verify that the Work fulfills the requirements and intent of the Contract Documents. Such services will be performed in a manner consistent with the requirements of Construction Manager and the various agencies having jurisdiction over the Work and in accordance with reasonable standards of architectural and engineering practice. 13.4.1.2 Construction Manager and Owner reserves the right to modify the scope of, or to reallocate, any of the testing and inspection services specified in the various sections of the Contract Documents to be performed by a testing laboratory, agency or consultant retained by Owner in connection with the Work when it can be satisfactorily established that such adjustment in scope is consistent with the intent of the Contract Documents. In the event that the Contractor shall
- Exhibit B-46 -
Contractor Owner
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not concur with such modification of scope or reallocation of such services, he shall immediately notify the Architect and/or Construction Manager in writing. 13.4.2 If the Architect determines that any Work requires special inspection, testing, or approval, he will, upon written authorization from Construction Manager, order the performance of such services by qualified independent testing laboratories, agencies, or consultants as may reasonably be required, or instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice to the Architect. 13.4.2.1 If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof without reimbursement (unless otherwise provided for elsewhere in the Contract Documents), including the cost of the tests, correction of the Work and compensation for the Architects additional services made necessary by such failure; otherwise Owner shall bear such costs, and an appropriate Change Order shall be issued. 13.4.2.2 If Architects observation or any inspection or testing undertaken reveals a failure in any one of a number of identical or similar items or elements incorporated in the work to comply with (1) the requirements of the Contract Documents or, (2) with respect to the performance of regulations, or orders of any public authority having jurisdiction, the Architect will have the authority to order inspection and/or testing of all such representative number of such items or elements of the work, as he may in his reasonable opinion consider necessary or advisable, and the Contractor shall bear all costs thereof as a Cost of the Work, including the cost of the tests, correction of the Work and the Architects and/or Construction Managers additional services, if any are required, made necessary thereby. However, neither the Architects authority to act nor any decision made by him in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 13.4.3 Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Architect. The Contractor shall maintain a written log tracking all testing results. The Contractor shall obtain and deliver promptly to Construction Manager any certificates of final inspection of any of the Work. Receipt of such certificates by Construction Manager shall be a condition precedent to Substantial Completion of the Work. 13.4.4 If the Architect is to observe the inspections, test, or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 13.4.5 In connection with testing and inspection services performed at the expense of Owner, the Contractor shall provide samples of materials and/or elements of the Work required as test specimens and shall provide incidental labor and facilities at the Site reasonably required in support of such services. 13.4.6 The cost of testing services required solely for the convenience of the Contractor in his scheduling and performance of the Work shall be borne by the Contractor. 13.4.7 The cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be borne by the Contractor.
- Exhibit B-47 -
Contractor Owner
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13.4.8 If, during the course of the performance of any testing, inspection, control, balancing, adjusting, or similar Work by the Contractor or an agent of the Contractor, it is the opinion of Construction Manager or Architect that the Contractor or said agent has failed to perform such work in a satisfactory manner, the Contractor shall, at his own expense, retain the services of an independent testing agency which is satisfactory to the Architect for the performance of such Work. ARTICLE 14 BANKRUPTCY OF CONTRACTOR 14.1 Owner and Contractor do hereby recognize and agree that Section 365 of the Bankruptcy Code, Title 11, United States Code (the Code), provides time limits within which a trustee, the debtor or debtor in possession, may assume or reject an executory contract. Moreover, the parties do hereby recognize and agree that in a case under Chapter 11 of the Code, the court, on request of any party to an executory contract, may order the trustee, or the debtor or debtor in possession, to determine within a specified period of time whether to assume or reject such an executory contract. Notwithstanding the foregoing, Contractor does hereby expressly covenant, bargain and agree that if Contractor is named as a debtor in a petition for relief under the Code, whether said petition is voluntary or involuntary, Contractor, for itself and as debtor-in-possession, shall, within 15 days of the filing of said petition for relief, or within 15 days of an order for relief, whichever is sooner, either assume or reject this Contract. Said assumption or rejection shall be made effective by presenting to the court wherein the petition for relief was filed an agreed order signed by Owner and Contractor either assuming or rejecting this Contract. Contractor, for itself and as debtor-inpossession, does hereby expressly agree that this Contract shall be deemed rejected on the sixteenth day following the filing of a petition for relief under the Code, or following the order of relief, unless this Contract is assumed pursuant to an agreed order. Contractor, for itself and as debtor-inpossession, does hereby expressly agree that due to the size of this Project, the number of people employed on this Project, the extensive obligations and covenants assumed by the Contractor pursuant to this contract and the crucial factor that time is of the essence in this Contract, it is only fair and equitable to Owner, Contractor and other parties affected by this Contract, that Contractor covenant to assume or reject this Contract within 15 days of the filing of a petition for relief under the Code, or within 15 days of the order for relief. Moreover, Contractor does hereby recognize and agree that were this clause not inserted in this Contract, Contractor probably would be allowed more than 15 days to elect whether to assume this Contract, providing the adequate assurance of performance was given as outlined below in this Paragraph, or reject this Contract, but because time is of the essence in this Contract and for this Project, and notwithstanding the foregoing, Contractor, for itself and as debtor-in-possession, does hereby bargain, covenant and agree that it will be bound, in any subsequent bankruptcy case commenced under the Code, by this clause. Owner and Contractor do hereby recognize and agree that in the event Contractor files a voluntary petition for relief under Chapter 7, 11, or 13 of the Code, or in the event an order for relief is entered after an involuntary petition is filed under the Code naming Contractor as a debtor, the Code provides that a trustee, debtor or debtor in possession, in certain instances, subject to court approval, may assume or assume and assign executory contracts. Among other obligations, a trustee, debtor or debtor in possession must, before assuming the executory contract, provide adequate assurances of future performance. Based upon the above, and based upon the fact that time is of the essence in this Contract, Owner and Contractor, for itself and as debtor-in-possession, do hereby bargain, covenant
- Exhibit B-48 -
Contractor Owner
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and agree that the following, and each of them, specifically and without limiting the Contractors obligations to continue to perform all of the terms of the Contract Documents are conditions and covenants the fulfillment of which Contractor will provide Owner with adequate assurance of future performance: 14.1.1 Contractor for itself and as debtor in possession, trustee or assignee will continue to provide and pay for, on a timely basis, all labor, equipment, materials and tools required to complete the Work in accordance with this Contract; 14.1.2 Contractor for itself and as debtor in possession, will continue to provide an adequate force of skilled workmen on the job to complete the work in accordance with all requirements of the Contract; 14.1.3 Contractor for itself and as debtor in possession, will continue to establish progress schedules, and will continue to perform all work within the time limits set forth in said progress schedules described in the Contract Documents. 14.1.4 Contractor for itself and as debtor in possession, will keep current in payments of all sales, consumer and use taxes; on payments required by all union contracts; on obtaining and paying for all necessary permits, fees, licenses and inspections; on payments for all necessary insurance policies to protect workmen, laborers, employees and third parties; 14.1.5 Contractor for itself and as debtor in possession, will be solely responsible for construction means, methods, techniques, sequences and procedures; 14.1.6 Contractor for itself and as debtor in possession, will comply with the provisions of the Contract Documents relating to bonds; 14.1.7 Contractor for itself and as debtor in possession, will furnish and pay for all temporary services and facilities required herein; 14.1.8 Contractor for itself and as debtor in possession, will organize the procurement of materials and equipment and will supply competent and knowledgeable staff, assistants and superintendent; 14.1.9 Contractor for itself and as debtor in possession, shall determine the average weekly expenses for labor, materials and equipment prior to the filing of a petition for relief, voluntary or involuntary, under the Code. Said average shall be based upon expenses incurred in the 10 weeks preceding the filing of such petition. Contractor shall then deposit with Owner, who will place said deposit in an escrow account to be established by Owner, the equivalent of eight weeks average weekly expenses for labor, materials and equipment, and said deposit shall be retained by Owner, in escrow, pending the completion of this Contract, at which time, said escrow deposit shall be returned to Contractor; and 14.1.10 Contractor for itself and as debtor in possession, shall provide Construction Manager with weekly reports documenting that all required payments are current.
- Exhibit B-49 -
Contractor Owner
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It is expressly agreed to by the parties hereto that if this Contract is rejected, the provisions of this Contract with respect to termination by Owner shall be applicable to the fullest extent permitted by law, and without limiting the generality of the foregoing, Owner shall have the same rights as in the event of Contractors default as set forth in Section 3.18 of these General Conditions. To the fullest extent permitted by law, it is expressly agreed by the Parties hereto that in the event a court finds any of the provisions in this Article 14 or any part thereof void by operation of law, it is the intent of the parties hereto to provide Owner with the right to terminate this Contract in accordance with the termination rights as are provided herein. 14.2 In the event of any termination of this Contract by Owner pursuant to this Article 14, Contractor for itself and as debtor in possession, shall cooperate with Owner and Construction Manager and provide all materials produced by Contractor prior to termination of the Contract and Contractor shall be reasonably compensated for his actual costs in performing such services as agreed to by Owner and Construction Manager.
- Exhibit B-50 -
Contractor Owner
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SCHEDULE B-1 SUBSTITUTION REQUEST FORM CONTRACT AWARD DATE: TO: PROJECT:
We submit for consideration the following product in lieu of the specified item for the above project: DRAWING NO. SPEC. SECTION PARAGRAPH SPECIFIED ITEM
Proposed Substitution: Submit in accordance with Section 01340 Submittals. 1. Complete information on changes to Drawings and Specifications which proposed substitution will require for proper installation. 2. Product data, shop drawings, samples, and substantiating data marked to indicate equal quality and performance to that specified. Does the substitution affect the Work, Contract Documents, schedule, time and approved submittals? Yes No
If Yes, indicate changes.
The Contractor is responsible for all costs associated with the proposed substitution. Describe costs for changes to the building design, including engineering and detailing costs caused by the requested substitution?
What affect does the proposed substitution have on other Contracts or other trades?
What affect does the proposed substitution have on construction schedule?
Manufacturers warranties of the proposed and specified items are: Same If different, explain:
Reason for Request:
Schedule B 1 Page 1 of 3
Contractor Owner
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Provide itemized comparison of specified item(s) with the proposed substitution listing significant variations:
Attach complete cost data, including related costs under the Contract, comparing proposed substitution with product specified:
Designation of maintenance services and sources:
Attach additional sheets as required. CONTRACTORS REPRESENTATION: In making formal request for substitution on the Request for Substitution Form, Contractor represents to Owner and Construction Manager and the Architect that: A. He has investigated proposed substitution and has determined it is equivalent to or superior in all respects to the specified product or materials, will fit into the space provided, and is compatible with adjacent materials. B. He will provide the same or better guarantees and warranties for the proposed substitution that would be provided for the specified materials. C. He certifies cost data is complete and includes related costs under the Contract and he waives all claims to additional cost related to the proposed substitution which subsequently become apparent. D. He accepts responsibility for delays and costs caused by the proposed substitution if approved unless delays are and costs are specifically mentioned and approved on the Request for Substitution Form by Construction Manager and the Architect. E. He will coordinate the installation of the accepted substitute, making changes required for the work to be complete in all respects. Approved By:
Signature Firm
Title Telephone
Address Date
Signature shall be by person having authority to legally bind the Contractors firm to the above items. Failure to provide legally binding signature will result in retraction of approval.
Contractor Owner
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FOR USE BY ARCHITECT: ____Accepted ____Not Accepted ____Not Accepted ____Received Too Late By: Date: Remarks:
FOR USE BY WESTFIELD, LLC: ____ Accepted as Noted ____ Accepted
By: Date: Remarks:
Contractor Owner
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EXHIBIT C SUPPLEMENTAL GENERAL CONDITIONS OF CONTRACT [TO BE INSERTED, IF AND AS APPLICABLE]
Exhibit C-1
Contractor Owner
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EXHIBIT D SPECIAL CONDITIONS OF CONTRACT [TO BE INSERTED, IF AND AS APPLICABLE]
Exhibit D-1
Contractor ______ Owner _______
EXHIBIT E CONTRACTORS STAFF AND RESPONSIBILITIES [TO BE INSERTED]
Exhibit E-1
Contractor _______ Owner _______
EXHIBIT F GENERAL REQUIREMENTS [TO BE INSERTED FOR GMP CONTRACTS]
Exhibit F-1
EXHIBIT G SUBCONTRACTOR SELECTION PROCESS
The parties have entered into this Agreement prior to the completion of the Construction Drawings and Specifications to allow the Contractor to provide pre-construction services delineated herein. The parties have agreed to determine the Guaranteed Maximum Price after signing the Contract and such price shall be developed through the bidding and negotiating of subcontractor prices. Contractor agrees to manage the bidding process to assure that Owner obtains the lowest prices from responsible subcontractors and to act in the best interest of Owner when obtaining and negotiating subcontracts for the Project. The Contractor shall furnish to Construction Manager in writing the names of at least three persons or entities the Contractor has pre-qualified as Subcontractors for the Project to provide bids for each bid package prepared by Contractor. The Subcontractors shall provide lump sum bids and their subcontracts shall be based on a fixed price. Contractor is responsible to buy out all aspects of the Project and any gaps in the scopes awarded to Subcontractors that are discovered after the Guaranteed Maximum Price is established shall be the responsibility of Contractor. Except for Work to be performed by Contractor, to the extent agreed by Construction Manager in writing, all portions of the Work shall be performed under subcontracts or pursuant to other appropriate agreements entered into by the Contractor. The Contractor shall obtain bids from such Subcontractors (including from suppliers of materials or equipment fabricated especially for the Work) and shall deliver such bids to the Construction Manager. Construction Manager may designate specific persons or entities from which the Contractor shall obtain bids. Owner and Construction Manager have the right to participate in and be advised of all aspects of the bidding process, including the right to attend any pre-bid conferences, the bid opening and all subsequent review and negotiation meetings. The Contractor shall not subcontract with anyone to whom Owner or Construction Manager have reasonable objection. Owners and Construction Managers participation in the Subcontractor selection process shall in no way relieve the Contractor from any of its obligations hereunder. Subcontracts and other agreements shall conform to the provisions of this Contract and the other Contract Documents, and shall not be awarded on the basis of cost plus a fee without the prior consent of Construction Manager.
Exhibit G-1
EXHIBIT H CONTRACT PRICE, COST OF THE WORK AND CONTRACTORS FEE 1. Owner and Contractor have agreed to establish a maximum amount payable for the Work and performance of Contractors other obligations under the Contract Documents on the terms set forth in this Exhibit H. This maximum amount is referred to in the Contract Documents as the Contract Price and sometimes referred to herein as the Guaranteed Maximum Price or GMAX. Based on the substantially complete construction drawings and specifications to be issued for subcontractor bidding as described in Exhibit G hereto, the Contractor will furnish Owner with a proposal for the GMAX with its bid. The GMAX proposal will include the following components: A. The Cost of the Work. Cost of the Work shall consist of, and Contractor shall be reimbursed for, the following, without duplication: (1) Cost of the General Requirements reimbursable under Exhibit F to the Contract, with no mark-up for overhead and profit. (2) $ as a fixed lump sum amount to cover the following (collectively, Staff and Staff Support Lump Sum): (a) Staff, including, without limitation, all home office and project based staff, such as project executives, project manager, project engineers, project superintendents, schedulers, accountants, clerical staffing and support personnel that are specifically working on this Project full or part time; and (b) Staff Support Expenses, including, without limitation, vehicles, travel, office equipment, furniture, office supplies, computers, telephones, faxes, radio systems, photo copying and site office mobilization, construction, maintenance and demobilization. Contractor shall be entitled to commence billing the Staff and Staff Support Lump Sum at the time of the first Application for Payment. Such Lump Sum shall be payable to Contractor on a percentage of completion basis over the course of construction. (3) The sum of the lowest responsible subcontract and material supply bids obtained in accordance with the bidding and approval process set forth in Exhibit G to the Contract, without allowances; provided that if, prior to the bidding, it is deemed best by Owner and Contractor that certain Work be purchased as needed, such as floor leveling, appropriate unit prices shall be bid and only then will an allowance amount be included in the GMAX for such Work. (4) An amount to reflect other direct and actual costs reasonably necessary to the performance of the Work. Such costs shall be included at rates not higher than the standard paid in the locality of the Work. Such costs include sales, use or similar taxes
Exhibit H-1
related to the Work (including such taxes on materials supplied by Subcontractors) imposed by any governmental authority. With respect to such taxes, Owner reserves the right to be invoiced separately for all materials and taxes thereon (including materials to be acquired by any Subcontractor, materialman or supplier); to require that all subcontracts and agreements with materialmen and suppliers be separated contracts which recite charges for labor separately from the charges for material; to cause Contractor to be invoiced specifically for such taxes; or to structure the payment of such taxes in such other reasonable manner as Owner may deem necessary or appropriate. (5) The Cost of the Work shall in no event include costs or expenses due to or arising out of any default by Contractor under this Contract, costs incurred in correcting defective or non-conforming Work, the cost of any item not included in the items described in Paragraph 1A(1)-(3) above, unless approved in advance in writing by Construction Manager, or costs in excess of the Guaranteed Maximum Price. (6) Trade discounts, rebates, refunds (and amounts received from sales of surplus materials and equipment) shall accrue to Owner (so long as Owner makes funds available to Contractor in a timely manner to obtain same), and the Contractor shall make provisions so that they can be secured. Such amounts which accrue to Owner shall be credited to Owner as a deduction from the Cost of the Work. The Parties agree to amend the Contract to include the actual GMAX amount before the construction work moves forward. B. The Contractors Fee. Owner agrees to pay to Contractor a fixed lump sum amount of $ to cover Contractors home office expenses not already covered in the Staff Support Lump Sum, overhead and profit in connection with the entire Project (Contractors Fee). Contractor shall be entitled to commence billing Contractors Fee at the time of the first Application for Payment. Contractors Fee shall be payable to Contractor on a percentage of completion basis over the course of construction. Contractor will not be allowed an increase in Contractors Fee for changes or delays in the Work, provided that if Owner extends the CPM Schedule after the GMAX has been accepted by the Owner (other than by reason of a delay beyond Owners reasonable control), or Owner increases the area of the Project or adds tenant fit out work to the Work (collectively, Owner Changes), then Contractors Fee shall be adjusted in accordance with Paragraph 3 herein below and the GMAX shall be adjusted accordingly. C. A Contingency. The GMAX included with Contractors bid shall include a line-item for Contingency in the amount of $ . Contingency shall only be used to cover costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order; the use thereof shall be subject to the approval of Owner, not to be unreasonably withheld; and, once exhausted, the Contingency shall not be replenished by Owner. 2. Once a GMAX is established and made a part of this Agreement, Contractor shall include with its Guaranteed Maximum Price proposal a written statement of the basis for the proposal, which shall include:
Exhibit H-2
A. A list of the Drawings and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. B. Subject to Paragraph 1 above, a list of allowances, alternates and unit prices, if any, and a statement of their basis. C. A list of the assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal as well as any qualifications to the GMAX. D. E. A statement of the lowest responsible bids organized by trade categories. Such other matters in such detail as Construction Manager may request.
3. Upon agreement by the Parties as to the Guaranteed Maximum Price, the Guaranteed Maximum Price shall be subject to additions and deductions by Change Order to the extent provided for in the Contract Documents and to adjustment (a) for accepted Alternates as described on Exhibit J, and (b) subject to Section 3.15 of the General Conditions, for the difference between the actual cost incurred by the Contractor, if any, for any permitted allowances for the Project and the allowance therefor provided for in the GMAX, if any. Owner shall in no event be obligated to pay the Contractor more than the Guaranteed Maximum Price, as same may be so adjusted. In events of Owner Changes only, the amount to be included in a Change Order increasing the Contract Price for general requirements and fee shall be determined as follows: A. For each portion of a proposed change in the Work to be performed by a Subcontractor at the Site, in addition to an increment for Subcontractors overhead and profit (determined as provided in clause b. below), the increase to Owner may include a supplementary increment for Contractors general requirements and profit not to exceed % of such Subcontractors direct cost for the change. B. For each portion of a proposed change in Self Performed Work or in Work of a Subcontractor, the cost to Owner may include an increment for overhead and profit to Contractor (in the case of Self Performed Work) or to such Subcontractor (in the case of its Work) not to exceed % of the direct cost of such change. 4. The Guaranteed Maximum Price shall include only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 5. Within thirty (30) days after the Date of Final Completion, all authorized revisions and adjustments to the Guaranteed Maximum Price shall be reviewed by Contractor and Construction Manager and the Cost of the Work, Contractors Fee and any savings from the Guaranteed Maximum Price, shall be reviewed and finalized, subject to Construction Managers approval. With respect thereto:
Exhibit H-3
A. Any savings realized between the final sum of the Cost of the Work plus Contractors Fee and the Guaranteed Maximum Price, as finally adjusted, shall belong 100% to Owner. Contractor shall not be entitled to any portion of such savings. B. If upon completion of the Work the sum of the total Cost of the Work plus Contractors Fee exceeds the Guaranteed Maximum Price (after giving effect to all approved additions thereto and deductions therefrom pursuant to Change Orders as allowed by the Contract Documents), all such excess costs and expenses shall be borne by Contractor. C. Owner and Construction Manager shall be afforded access to all Contractors records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of the Work, and Contractor shall preserve all accounting records for a period of three years and all other records for a period of five years, or for such longer period as may be required by law, after final payment.
Exhibit H-4
CONTRACT PRICE 1. The Contract Price shall be $ .
2. The amount to be included in a Change Order increasing the Contract Price for general requirements and fee shall be determined as follows: A. For each portion of a proposed change in the Work to be performed by a Subcontractor at the Project Site, in addition to an increment for Subcontractors overhead and profit (determined as provided in clause B below), the increase to Owner may include a supplementary increment for Contractors general requirements and profit not to exceed % of such Subcontractors direct cost for the change. B. For each portion of a proposed change in Self Performed Work or in Work of a Subcontractor, the cost to Owner may include an increment for overhead and profit to Contractor (in the case of Self Performed Work) or to such Subcontractor (in the case of its Work) not to exceed % of the direct costs of such change. 3. Included within the Contract Price are the following allowances:
[TO BE INSERTED IF, AND AS APPLICABLE]
These allowances, if any, shall be adjusted up or down to reflect the actual cost of the allowance item. 4. The following are the prices per unit of measurement for materials or services that will be added to or deducted from the Contract Price by Change Order in the event the estimated quantities of Work required by the Contract Documents are increased or decreased:
[TO BE INSERTED IF, AND AS APPLICABLE]
Exhibit H-5
EXHIBIT I PAYMENT FORMS [TO BE INSERTED]
Exhibit I-1
EXHIBIT J ALTERNATES [TO BE INSERTED]
Exhibit J-1
EXHIBIT K MILESTONE DATES AND DATE OF SUBSTANTIAL COMPLETION Activities: Start By: ____ ____ ____ Complete By: ____ ____ ____
Exhibit K-1
EXHIBIT L INSURANCE 1. CONTRACTORS LIABILITY INSURANCE
1.1 The Contractor shall purchase and maintain, at its sole cost and expense, in a company or companies to which Construction Manager has no reasonable objection, insurance for protection from claims which may arise out of or result from the Contractors operations under the Contract, whether such operations be by himself or by any Subcontractor, Sub-subcontractor, or materialman, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable in the amounts and for the coverages required by Subparagraph 1.6. 1.2 The insurance required by Subparagraph 1.1 shall be written for not less than any limits of liability specified herein, or required by law, whichever is greater. 1.3 Certificates of insurance acceptable to Construction Manager shall be filed with Construction Manager prior to commencement of the Work, including the additional named insureds listed on Schedule L-1 attached. The certificate shall set forth evidence of all coverages required by Subparagraph 1.6. The form of certificate shall be as required by Construction Manager. Contractor shall furnish to Construction Manager copies of any endorsements that are subsequently issued amending coverage. 1.4 All insurance shall be carried in companies satisfactory to Owner and Construction Manager, shall name each member of Owners Group (except Owners tenants, if any) as additional insureds and shall include the condition that it is primary and that any liability insurance maintained by Owner and Construction Manager or any other additional insured is excess and non-contributory. Contractor shall not commence Work under this Contract and Contractor shall not be entitled to payments hereunder until it has obtained all insurance required hereunder and true copies of policies (or at Construction Managers option, certificates) evidencing such insurance have been submitted to and approved by Construction Manager. Contractor shall not allow any Subcontractor to commence Work until such Subcontractor has obtained appropriate insurance coverages. 1.5 Each policy shall provide that it will not be cancelled or materially altered except after thirty (30) days advance written notice to Construction Manager mailed to the address indicated in the Contract for Construction, and the certificates of insurance shall so state. Upon receipt of any notice of cancellation or alteration, Contractor shall within ten (10) days procure other policies of insurance, similar in all respects to the policy or policies, about to be cancelled or altered; and, if Contractor fails to provide, procure, and deliver acceptable policies of insurance, or satisfactory evidence thereof, in accordance with the terms hereof, then at Owners option and without limitation of any other rights or remedies of Owner, Owner may obtain such insurance at the cost and expense of Contractor, without the need of any notice to Contractor.
Exhibit L-1
1.6 The insurance required under this Paragraph shall include the following coverage and limits in the following categories, amounts and detail: A. Workers Compensation and Employers Liability Insurance for all employees at the Site of the Project, as follows: Coverage A (Workers Compensation) - Statutory Coverage B (Employers Liability) - $1,000,000 each accident Broad Form All States Endorsement Voluntary Compensation Endorsement United States Longshoremans and Harbor Workers Compensation Endorsement B. Commercial General Liability Insurance, including Asbestos Liability, on an occurrence basis, also including: Bodily Injury and Property Damage Liability $3,000,000 each occurrence $3,000,000 aggregate - products and completed operations $5,000,000 general aggregate (General Aggregate Limit specified is warranted to be unimpaired by either payment of final claims or amounts reserved for pending claims as of the date of this Contract. Separate Primary Limits of Insurance with $5,000,000 General Aggregate Limit [other than products and completed operations] will be maintained solely for this Project) Premises - Operations Liability Elevator and Escalator Liability Independent Contractors Liability (to cover Contractors Liability arising out of the work performed by its Subcontractors) Completed Operations and Products Liability (to be maintained for at least two years after the date of Substantial Completion) Blanket Contractual Liability Insurance (including Completed Operations) Personal Injury Liability Insurance (Hazards A, B, C, D with Exclusions for assumed liability deleted) $1,000,000 limit Broad Form Property Damage Liability Insurance (including completed operations) Incidental Medical Malpractice Liability Insurance Blanket X, C and U Coverage Host Liquor Liability Insurance C. Comprehensive Automobile Liability Insurance covering all owned, hired or non-owned vehicles including the loading or unloading thereof: Bodily Injury and Property Damage Liability - $3,000,000 each accident
Exhibit L-2
D.
Umbrella Liability Insurance covering all operations of the Contractor:
$50,000,000 each occurrence $50,000,000 each aggregate 2. PROPERTY INSURANCE
2.1 Owner shall purchase and maintain at its sole cost and expense, builders risk property insurance upon the entire Work at the Site to the full replacement cost value thereof (which may be subject to a deductible amount). Owner shall have the sole right to adjust claims arising under any such property insurance policies relating to the Project. This insurance shall include the interests of Owner and the Contractor as to the Work and each Subcontractor (to the extent of their respective portion of the Work) and shall provide All Risk coverage against loss by physical damage including, without duplication of coverage, fire, flood, earthquake, extended coverage, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. If Contractor is damaged by failure of Owner to purchase or maintain such insurance, Owner shall bear all reasonable costs properly attributable thereto. If Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, Owner shall, if possible, include such insurance and the cost thereof shall be charged to Contractor by appropriate Change Order. If not covered under the All Risk insurance or otherwise provided in the Contract Documents, Contractor shall effect and maintain similar property insurance on portions of the Work stored off Site or in transit. 2.2 If by the terms of the aforesaid property insurance there is a deductible amount, in the event of a loss covered by the insurance, which loss was not attributable to the fault or neglect of any member of the Contractors Group, Owner shall be responsible for the deductible amount. Contractor shall be responsible for the deductible amount if the loss was attributable to any member of the Contractors Group. In no event shall the deductible amount exceed Twenty Five Thousand Dollars ($25,000). 2.3 Owner, Construction Manager and Contractor waive all rights against each other and any of their subcontractors, sub-subcontractors, agents, employees and consultants, each of the other, for damages caused by fire or other causes of loss to the extent recoverable by property insurance obtained pursuant to Section 2 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The Contractor shall require of its Subcontractors and Sub-subcontractors, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity (i) would otherwise have a duty of indemnification, contractual or otherwise, (ii) did not pay the insurance premium directly or indirectly, and (iii) may or may not have an insurable interest in the property damaged.
Exhibit L-3
2.4 Any loss insured under Subparagraph 2.1 is to be adjusted by Owner and made payable to Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause. Contractor shall pay each Subcontractor a just share of any insurance monies received by Contractor, and by appropriate written agreement, shall require each Subcontractor to make payments to his Sub-subcontractors in similar manner. 2.5 Contractor acknowledges that he shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Owner accepts and occupies the fully completed Project, and all such Work shall be fully restored at Contractors sole cost and expense in accordance with the Contract Documents. Contractor shall accept available insurance proceeds as payment in full for the cost of restoration. Contingency shall be available for such restoration.
Exhibit L-4
SCHEDULE L-1 LIST OF ADDITIONAL NAMED INSUREDS [OWNER], Westfield America Limited Partnership, Westfield, 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 the Owners interest, are named as an additional insured, as their interests may appear.
Schedule L-1-1
EXHIBIT M PERFORMANCE BOND BOND No. KNOW ALL MEN BY THESE PRESENTS: that , a , as Principal, hereinafter called Principal, and , a corporation, licensed to do business in , as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,2 , entered into an agreement with Obligee for Project in accordance with Drawings and Specifications prepared by , Architect, which agreement (including all riders, supplements, and other instruments incorporated therein), as the same may from time to time be amended or otherwise changed or modified, is by reference incorporated herein and made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully perform all of the covenants, terms, conditions, duties, indemnifications and guaranties of said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, overpayment, alteration, addition, omission, or other modification or waiver of the terms of the Contract, or in the work to be performed by Principal, or in the drawings and specifications, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time, overpayments, alterations, additions, omissions, or other modifications or waivers. Whenever Principal shall be and declared by Obligee to be in default under all or any part or provision of the Contract, Obligees obligations thereunder having been declared by Obligee to be substantially performed, Surety shall promptly remedy the default. Obligees remedies with respect to any default or defaults in Principals failure to complete its work under the Contract shall include (but are not limited to) Suretys: (1) Completing the Contract in accordance with and subject to its terms and conditions, or (2) Obtaining a bid or bids for completing the Contract in accordance with and subject to its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if Obligee elects, upon determination by Obligee and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Obligee, and make available as work progresses (even though there should be a default or a
Exhibit M-1
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term balance of the contract price, as used in this subparagraph (2), shall mean the total amount payable by Obligee to Principal under the Contract, less the amounts paid or withheld by Obligee pursuant to the Contract. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which default under the Contract is declared by Obligee. No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee named herein, Co-Obligee, if any, as defined in the Rider attached hereto or the heirs, executors, administrators, successors or assigns of Obligee or Co-Obligee. The aggregate liability of Surety hereunder to Obligee is limited to the penal sum above stated and Surety, upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights of the payee with respect to the particular obligation discharged by the payment, either against Principal or against any other party liable to the payee on the discharged obligation. Surety acknowledges that it shall have only the Principals rights and remedies contained in the Contract with respect to any claims against Obligee. Signed and sealed this day of 2 . _________________________ (Witness)
________________________ (Principal) ________________________ (Title)
(Seal)
_________________________ (Surety) ________________________ (Title)
_________________________ (Witness)
(Seal)
Exhibit M-2
LABOR AND MATERIAL PAYMENT BOND BOND No. KNOW ALL MEN BY THESE PRESENTS: that , a , as Principal, hereinafter called Principal, and ,a corporation, licensed to do business in , as Surety, hereinafter called Surety, are held and firmly bound unto , as Obligee, hereinafter called Obligee, for the use and benefit of claimants as hereinbelow defined, in the amount of , Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 2 , entered into an agreement with Obligee for Project in accordance with Drawings and Specifications prepared by , Architect, which agreement (including all riders, supplements, and other instruments incorporated therein), as the same may from time to time be amended or otherwise changed or modified, is by reference incorporated herein and made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above named Principal and Surety hereby jointly and severally agree with Obligee that every claimant who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. Obligee shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with Principal, shall have given written notice to any two of the following: Principal, Obligee, or Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom
Exhibit M-3
the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety (as appropriate), at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of , save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the County of , or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith by Surety pursuant to this bond, inclusive of good-faith payments by Surety of mechanics liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond. (5) the aggregate liability of Surety hereunder to Obligee is limited to the penal sum above stated and Surety, upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against Principal or against any other party liable to the payee on the discharged obligation. This bond is subject to the provisions of the Co-Obligee Rider attached, if any, Surety acknowledges that it shall have only the Principals rights and remedies contained in the Contract with respect to any claims against Obligee: Signed and sealed this day of 2 .
(Principal (Witness (Title)
(Seal)
(Surety) (Witness) (Title)
(Seal)
Exhibit M-4
EXHIBIT N
PROJECT-SPECIFIC SAFETY REQUIREMENTS
April 27, 2006 Revised November 20, 2006
Exhibit N-1
It is Owners and Construction Managers desire to operate a safe, efficient, and harmonious jobsite. The following project-specific safety rules and requirements have been established to support these efforts.
General Safety Requirements

All Contractor employees and visitors must review and sign the Westfield Project Safety Acknowledgement. The Contractor shall provide the Construction Manager with a copy of each signed Acknowledgement. This submission is to be made on a weekly basis. All Contractor employees and agents of the Contractor shall abide by all applicable OSHA and Westfield safety requirements, as well as the requirements of the Contractors own safety program. The Contractor shall conduct weekly craft Safety Meetings. <Is there a need for this Contractor to provide a dedicated full or part-time Safety Representative?>
Attire
Employees must wear proper Project site attire. Minimum acceptable attire is work shoes/boots, sleeved shirts, long pants, and hardhats. Short pants, tank tops, and cropped shirts are not permitted.
Barricades and Guardrails

The Contractor shall not destroy or otherwise displace temporary fencing, handrails, safety rails, floor/roof/wall opening protection, or any other type of barricade erected or installed for the protection of the public. Contractor personnel found destroying or displacing such protective devices may be removed from the Project. Costs incurred by the Owner or Construction Manager to repair/replace such protective devices will result in a deductive Change Order being filed for the actual cost incurred by Owner or Construction Manager to perform repair/replacement on Contractors behalf.
Emergency Contact Information

All Contractor and Subcontractor personnel are to provide emergency contact information to the Contractor using the attached Emergency Contact Information form.
Employee Parking
<Describe employee parking for this Project> <Attach a map or diagram showing location(s) of parking>
Exhibit N-2
Evacuation Refuge Area

The designated evacuation area for this project is located at . A map showing the location of the evacuation refuge area is <attached/combined with the map showing the designated employee parking area>.
Housekeeping / Clean-Up
It is imperative that a neat and orderly jobsite be kept at all times. This benefits the safety and production of all employees and the Contractor, as well as the safety of the facility and public. It is therefore mandatory that the Contractor performs clean-up operations in and around its work zones on a daily basis. All trash bins and trash receptacles shall be furnished by the Contractor unless specifically excluded elsewhere within this Agreement. Under no circumstances shall Contractors debris be disposed into Owner or Mall Tenant waste receptacles. <Are there any prohibitions/restrictions on lunch/break areas?> <Are glass bottles/containers prohibited?>
Ladders
All ladders shall be labeled with the name of the firm that owns them. Type II and Type III ladders are not permitted on the Project.
Personal Protective Equipment High Visibility Clothing

All personnel exposed to vehicular and equipment traffic on the Project site, such as during site work, utility installation and paving operations, shall wear a safety vest or similar bright colored shirt. All personnel exposed to vehicular and equipment traffic on active streets, roadways and parking lots shall wear safety vests and high visibility / reflective clothing as required by applicable OSHA and regulatory requirements.
Project Access Routes Employee Entry

<Describe how employees are to enter the Project location>
Project Access Routes Deliveries

<Unless described elsewhere, describe how deliveries are to access the project, with an emphasis on right turns with traffic as opposed to left turns across traffic where possible>
Exhibit N-3
Project Safety Statistics Report

Contractor shall submit the Westfield Project Safety Statistics Report (SFT-03)(attached as a from to this Exhibit N) with its Application for Payment. The report shall provide information for the full calendar month preceding the Application for Payment.
Public Contact
Employees shall at no time interface with, or interfere with, Mall tenants or customers. There shall be no whistling, cat calling, or mingling of any kind. Employees who violate this requirement will be immediately and permanently removed from the jobsite. <Are there any restrictions on eating in the mall during working hours?> <Are there any restrictions on going into the mall during working hours?>
Scaffolding
All scaffolds shall be labeled or tagged with the name of the Contractor/Subcontractor who owns or controls (via lease/rental) the scaffold. All scaffolds 264 and higher or five frames and higher shall have a stair tower or integral stair/ladder system for employee access. All scaffolds shall be inspected daily by a Competent Person. Scaffolds shall be erected, moved, dismantled or altered only under the supervision and direction of a Competent Person qualified in scaffold erection, moving, dismantling or alteration. The Contractor shall have a Competent Person determine the feasibility and safety of providing fall protection for Employees erecting or dismantling supported scaffolds. Fall protection is required for Employees erecting or dismantling supported scaffolds where the installation and use of such protection is feasible and does not create a greater hazard.
Forms
Following are forms required by this Exhibit.
Exhibit N-4
Project Safety Acknowledgement Westfield <Property Name>

<Owner> is committed to providing a safe work environment for workers and visitors. To help us accomplish this goal, all workers and visitors are required to comply with all applicable OSHA and Westfield safety requirements, as well as the safety rules and requirements of their employer. Please follow all safety rules while you are on the Project, including the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Visitors shall be escorted, as appropriate, by Contractor, Subcontractor or Project management. Use common sense and be aware of potentially hazardous conditions while on the site. Hard hats are to be worn at all times while on site. Lunch and breaks may be excepted if the location has no existing or foreseeable overhead hazards. Personal protective equipment shall be worn when exposed to known or predictable hazards. Weapons, prohibited substances, and alcohol are prohibited on the Project site. Individuals under the influence of alcohol or other substances will not be permitted to enter the Project site. Unsafe conditions are to be reported to your supervisor or escort. Injuries and illnesses, no matter how minor, are to be reported to your supervisor. The Project Evacuation Refuge Area is located at . Unruly behavior will not be tolerated, and may result in removal from the Project. Work shoes/boots, long pants, and sleeved shirts must be worn on this Project. Do not cross barriers, barricades, or areas marked off with red danger tape. Obey all No Smoking signs and rules. The project site speed limit is 5 mph. Do not enter areas where employees are wearing and using fall protection if you do not have fall protection. Do not walk under areas where overhead work is taking place, or under loads being lifted by cranes, forklifts or other devices. Assume all wires to be energized. See your supervisor if you have questions about a wire. I understand that failure to follow these basic safety rules, as well as the safety rules and regulations of OSHA, the Contract and my employer is grounds for enforcement of disciplinary actions, which may result in my removal from the Project.
I agree to abide by and follow all safety rules while on the <Property Name> Project site. Print name Employer Safety Introduction provided by: Print name Sign name Translated by (print name) Translated by (sign name) Sign name Date
Exhibit N-5
Emergency Contact Information Project: Contractor:

Date Employer Last Name First Name Home Address Apartment Number City State Zip Code Drivers License # Drivers License state Emergency Contact 1 Phone Number Language(s) Spoken Emergency Contact 2 Phone Number Language(s) Spoken
OFFICE USE ONLY Number Reviewed by Entered into Database by
Exhibit N-6
WESTFIELD PROJECT SAFETY STATISTICS REPORT (SFT-03)

Project Contractor Report Month Contract #
This report is based on the OSHA 300 Log of Work-Related Injuries and Illnesses, and is to include data from all Subcontractors of all tiers working for your firm.
Code Total Hours Worked (including Subcontractors) Total number of Recordable Injuries and Illness cases (Columns G, H, I and J) Recordable Injury/Illness Rate = (R x 200,000) / H Total number of cases with Days Away from Work, Restriction or Transfer (Columns G, H and I) Days Away from Work, Restriction or Transfer (DART) case rate = (D x 200,000) / H Total number of Other Recordable Cases (Column J) Other Recordable Cases rate = (O x 200,000) / H This Month Project-to-Date
H R RIR D DART O ORC
VERIFICATION GUIDE: If the following statements are not true, the data is incorrect. 1. RIR = DART + ORC 2. R = D + O List all Recordable Injuries and Illnesses for the report month below: Name Employer Type (R or D)
Back to Work?
Report completed by: Date:
Signature: Phone:
This is to be provided with your firms monthly Application for Payment. Failure to provide this information to Westfield may delay your firms request for payment.
Westfield use only: Entered into Log by: _________________ Date: _______________
Exhibit N-7
WESTFIELD TERMINAL 5 CONCESSIONS PROGRAM CHICAGO, IL
MBE/WBE, LOCAL PARTICIPATION ARCHITECTURAL & ENINGEERING SERVICES November 28, 2011
EXHIBIT - 2 MBE/WBE, LOCAL PARTICIPATION Minority Business Enterprise and Women Business Enterprise in Design and Construction of Concessions In addition to participation by certified Airport Concession Disadvantaged Business Enterprises (ACDBEs) in the operation of the concession, the goal of the City of Chicago and its Department of Aviation is to provide full and fair opportunities to businesses certified by the City as Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) in the design and construction of the concession spaces. The selected Respondent is expected to ensure that MBEs and WBEs have full and fair opportunities to compete for contracts or subcontracts in the design and construction of concession spaces. The lease agreement with Westfield Concessions LLC requires the Respondent to submit for City approval, in connection with its concession development plan, a MBE/WBE compliance plan. The selected Respondent will be expected to undertake good faith efforts consistent with the good faith efforts required for ACDBEs pursuant to 49 CFR Parts 23 and 26. Failure to do so will be an event of default under the lease agreement. The City goals for participation in design contracts are 25% MBE and 5% WBE. The City goals for participation in construction contracts are 30% MBE and 5% WBE. The Respondent is requested to take these MBE and WBE goals into consideration when preparing its proposal. Westfield Concessions LLC is totally committed to meeting or exceeding the MBE/WBE guidelines stated above. As such please do not seek any waivers or reductions that would reduce the goals or requirements. Information regarding the Citys MBE/WBE program is available at: www.cityofchicago.org under Doing Business. LIST OF MBE/WBE SUB-CONSULTANTS The Bidder/Proposer, ______________ , as part of the procedure for the submission of bid/proposals on a project known as Westfield Concessions LLC OHare Terminal 5 Renovations & Expansion submits the following list of Subconsultants for proposed project (use additional sheets if necessary) to be used in the performance of work to be done on said project.
1 Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments: Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments:

3 Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments: Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments: Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments: Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments: Name of MBE/WBE Address: Contact Person: Phone: Subconsultants Specialty: MBE-WBE Certification No. Dollar Amount of Participation $ Percent Amount of Participation: % Additional Comments:
Only
companies certified as an MBE, WBE, by the City of Chicago can be applied toward the contracting goals. All MBE-WBE subcontractors or suppliers must submit a copy of their certification certificate through the Prime Contractor. Proof of certification must be attached to this form. If a business is not certified, please contact the City of Chicago regarding the MBE/WBE program is available at: www.cityofchicago.org under Doing Business.
WESTFIELD TERMINAL 5 CONCESSIONS PROGRAM CHICAGO, IL AFFIRMATION
I HEREBY AFFIRM THAT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED THE CONTRACT, THIS DOCUMENT SHALL BE ATTACHED THERETO AND BECOME A BINDING PART OF THE CONTRACT.
NAME AND TITLE OF AUTHORIZED OFFICIAL:_________________________________________________
SIGNATURE:
________
DATE: ______________________
INSURANCE REQUIREMENTS-ORD ARCHITECTURAL & ENINGEERING SERVICES November 28, 2011
EXHIBIT 3 INSURANCE REQUIREMENTS-ORD CONCESSIONS SPECIFIC NOTE: Additional Insurance Requirements that are specific the A&E Services are found incorporated into the STANDARD AGREEMENT FOR PROFESSIONAL SERVICES; ARCHITECT / ENGINEER which is also included as Exhibit 1 of this RFP. The final contract will be based on the content below as well as the insurance requirements contained within the A&E Agreement.
1. Contractor shall, at its own expense, maintain in effect not less than the following coverages and limits of insurance which shall be maintained with insurers, policy forms and deductibles satisfactory to Construction Manager. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so, at no additional cost to Owner. Certificates and Endorsements shall be provided to Construction Manager. a) Workers Compensation and Employers Liability Insurance State Workers Compensation coverages as required by law. Employers Liability with limits not less than each of the following: $1,000,000 each accident for bodily injury; $1,000,000 policy limit for bodily injury by disease; $1,000,000 each employee for bodily injury by disease; Waiver of Subrogation endorsement is required in favor of Owner and Construction Manager. General Liability Insurance Contractor shall carry a Commercial General Liability Policy provided on or equivalent to ISO CGL Form No. CG 00 01 10 01. Policy must include defense, explosion, collapse, underground, premises operations, completed operations, contractual liability and broad form property damage. Contractor shall provide limits as follows: $5,000,000 $5,000,000 $5,000,000 c) Each Occurrence Products/Completed Operations Aggregate; General Aggregate Per Project.
b)
Automobile Insurance $2,000,000 per occurrence for landside activities $5,000,000 per occurrence for airside activities C.S.L. (Combined Single Limit) and shall cover owned, hired and nonowned automobiles. Contractor is responsible for all loss or damage to City of Chicago and Owners property at full replacement cost that result from this Agreement. Umbrella/Excess Insurance: To the extent needed to meet the policy limits requirements of sections (a), (b), or (c) above, Contractor may use a combination of primary and umbrella/excess policies. All umbrella/excess policies, at a minimum, must follow the form of the required primary coverage. Contractor is responsible for payment of any deductible, SIR, or other levels of self insurance. Contractor shall also assume responsibility for reimbursing all additional insureds for their defense and, as necessary, indemnity obligations in the event an insurer does not participate in the defense and/or indemnity of a claim pending exhaustion of a deductive, SIR or other form of self insurance. Professional liability insurance on an annual basis, covering claims arising from negligent acts, errors, or omissions, arising out of the performance of professional service in the amount of $1,000,000.
d)
e)
WESTFIELD TERMINAL 5 CONCESSIONS PROGRAM CHICAGO, IL f)
Asbestos, Lead, and/or Remediation Trades Asbestos and/or Lead Liability: If work contemplates asbestos or lead abatement, Contractor shall provide such insurance coverage on an occurrence basis for claims arising out of abatement, removal, storage, transportation and disposal activities with a limit of liability not less than $5,000,000 per occurrence. Environmental Impairment Liability: If work contemplates handling or hauling other pollutants, contractor will provide insurance to cover, among other things, claims arising out of all hazardous material and hazardous waste remediation, storage, transportation, and disposal. Such insurance shall be written on an occurrence basis with no sunset clause, or on a claims-made basis with a minimum 5 year extended reporting period (tail) with limits of not less than $5,000,000 each Occurrence (if written on an occurrence basis) or, $5,000,000 each Claim (if written on a claims-made basis).
2.
The General Liability and Umbrella/Excess shall contain the following: a) Project Specific Additional Insured Listing as listed in paragraph 4 of the Agreement, and includes, but is not limited to, Westfield Concessions Management, LLC. and City of Chicago, Chicago Department of Aviation. b) Additional Insured Endorsement adding as an additional insured each party noted in Section 2a of this attachment with respect to liabilities arising out of Contractors work under this Contract (including Products/Completed Operations): 1. on the ISO CGL Endorsement CG 20 10 11 85 Owners, Lessees or Contractors (Form B), or 2. the two ISO CGL Endorsements CG 20 10 10 01 and CG 20 37 10 01; these two endorsements together are an acceptable alternate to the 11 85 form. c) Primary Insurance Clause The insurance coverage required hereunder and/or provided by the Contractor (whether by a primary policy or a combination of primary, excess and/or umbrella policies) apply on a primary basis and any other insurance policy(s) of Owner or Construction Manager and those additional insured entities as identified in the Contract are excess and not contributing. Such Primary Insurance Clause shall be included on the Additional Insured Endorsement(s). d) Waiver of Subrogation Endorsement is required in favor of Owner and those additional insured entities. e) Cross Liability coverage as would be achieved under the standard ISO separation insured clause. f) Provision or endorsement stating that such insurance, subject to terms and conditions usual to Standard General Liability and Umbrella/Excess Liability Policies, applies to the liability assumed by Contractor under this Contract.
3.
Modified Occurrence Liability Policies are not acceptable. Claims Made General Liability Policies are not acceptable. Contractors providing such insurance will be considered in default of the requirements of this Contract. On execution of the Contract and prior to commencement of work, Contractor shall provide to Construction Manager on forms acceptable to Construction Manager a certificate of insurance properly executed and signed by an authorized representative on behalf of the insurer(s) evidencing the above coverages and conditions. Contractor shall maintain the required Insurance and Additional Insured coverage for the period of time for which the Contractor may be held legally liable for its work. Contractor further agrees, upon
4.
written request by Westfield to furnish copies of such policies, certified by an authorized representative of the insurer(s). 5. All Insurance coverage provided by the Contractor shall be through acceptable insurance carriers licenses in the state(s) where work is being performed with a minimum A.M. Best Company standard of A-:VII or greater. All Contractors policies shall contain an endorsement providing that written notice shall be given to Construction Manager at least thirty (30) days prior to termination, non-renewal, cancellation or reduction of coverage in the policy. The certificate must have the following cancellation wording crossed out: ENDEAVOR TO and BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
6.
EXISTING CONCESSIONS FLOOR PLANS ARCHITECTURAL & ENINGEERING SERVICES November 28, 2011
EXHIBIT - 4
Copies of the Existing Concessions Floor Plans for both Arrivals and Departures follow this page
Exhibit 4- Existing T5 Floor Plans.doc
NEW CONCESSIONS FLOOR PLANS ARCHITECTURAL & ENINGEERING SERVICES November 28, 2011
EXHIBIT - 5
Copies of the Planned Concessions Floor Plans for both Arrivals and Departures follow this page
Exhibit 5- Planned T5 Floor Plans.doc
Exhibit 5 - Proposed T5 Concessions Program Plan - Departure Level
NOTE: The 3 areas clouded below should be included in the A&E Bid as an ADD ALTERNATE rather than part of the overall bid. This work will include Structural Void In-fills, plus delivery of water, sewer, power, etc.
Westfield's O'Hare T-5 Draft Schedule

Start Duration Finish PredecessorsJuly December May October March 7/12 3/21 11/28 8/7 4/15 12/23 9/1 5/11 1/18 9/27 August January 6/5 2/12 10/22 7/1
ID
Task Name
3 Client (Airport) Tenants TSA MEP Due Diligence
1 1
5 14
Create A&E RFP Package
10
9
Create A&E RFP Package
11
12
13
Bid & Evaluate Award Contracts for the A&E Services
14
11 12 13
15
16
PREDEVELOPMENT ACTIVITIES WESTFIELD PRECONSTRUCTION ACTIVITIES Refine Concepts w/ Client (Airport) Tenants TSA MEP Due Diligence A&E Services Post A&E RFQ Package RFQ Evaluations Issue A&E RFP Package Bidding period Bid Evaluation & Interviews Award Contracts for the A&E Services A&E Services - PRIORITIZATION A&E PRIORITY 1 - Reconfigure Existing Pre-Security Men's Room Removes Existing Travelators for new Retail & Food Services as well as 2 Void Infill's Pre-Security for new F&B
30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation
Thu 9/1/11 Mon 10/3/11 Mon 11/21/11 Mon 11/21/11 Thu 12/8/11 Thu 1/12/12 Mon 1/23/12 Mon 10/3/11 Mon 10/3/11 Mon 10/24/11 Mon 11/21/11 Mon 11/28/11 Mon 12/26/11 Mon 1/9/12 Mon 1/23/12 Mon 1/23/12
1 day? 191 days? 65 days 7 wks 5 wks 4 wks 4 wks 80 days 15 days 3 wks 1 wk 4 wks 2 wks 2 wks 111 days? 71 days?
Thu 9/1/11 Mon 6/25/12 Fri 2/17/12 Fri 1/6/12 Wed 1/11/12 Wed 2/8/12 Fri 2/17/12 Fri 1/20/12 Fri 10/21/11 Fri 11/11/11 Fri 11/25/11 Fri 12/23/11 Fri 1/6/12 Fri 1/20/12 Mon 6/25/12 Mon 4/30/12
17
18
19
20
CD's Submitted to City w/permit application
21
14 17 18 19 20
22
30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation CD's Submitted to City w/permit application Permit Issued A&E PRIORITY 2 - Develop plans for Post Security (temp) Duty Free Store & Finalize Plans with TSA for Relocation
Mon 1/23/12 Mon 2/20/12 Mon 3/12/12 Mon 4/2/12 Mon 4/30/12 Mon 2/20/12
4 wks 3 wks 3 wks 4 wks 1 day? 71 days?
Fri 2/17/12 Fri 3/9/12 Fri 3/30/12 Fri 4/27/12 Mon 4/30/12 Mon 5/28/12
23
30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation CD's Submitted to City w/permit application
24
25
26
27
17 23 24 25 26
28
30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation CD's Submitted to City w/permit application Permit Issued A&E PRIORITY 3 - Complete Balance of Concession space plans
Mon 2/20/12 Mon 3/19/12 Mon 4/9/12 Mon 4/30/12 Mon 5/28/12 Mon 3/19/12
4 wks 3 wks 3 wks 4 wks 1 day? 71 days?
Fri 3/16/12 Fri 4/6/12 Fri 4/27/12 Fri 5/25/12 Mon 5/28/12 Mon 6/25/12
29
30
31
32
Exhibit 6
33
30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation CD's Submitted to City w/permit application Permit Issued
Summary Project Summary
Mon 3/19/12 Mon 4/16/12 Mon 5/7/12 Mon 5/28/12 Mon 6/25/12
4 wks 3 wks 3 wks 4 wks 1 day?

External Tasks External Milestone Page 1
Fri 4/13/12 Fri 5/4/12 Fri 5/25/12 Fri 6/22/12 Mon 6/25/12
Deadline
23 29 30 31 32
34
Project: O'Hare T-5 Master Schedule Date: Sun 11/20/11
Task
Progress
Split
Milestone
Latest Update Sun 11/20/11

ID
Task Name
35
Construction Activities - WESTFIELD INFRASTRUCTURE IMPROVEMENTS 12

Assemble Pre-Qualified Bidders Lists
Mon 12/26/11
72 days
Tue 4/3/12
36
37
38
39
40
41
Bid Construction Services & Evaluate Award Contracts for the Construction Services Schedule Construction Start
42
43
Create Contractors RFQ Package Conduct Contractors Outreach Events Finalize Pre-Qualified Bidders Lists Issue Construction RFP Package Bidding period Bid Evaluation & Interviews Award Contracts for the Construction Services Schedule Construction Start 37 38 39 40 41 42
Mon 12/26/11 Mon 1/9/12 Mon 1/23/12 Mon 1/30/12 Wed 2/1/12 Wed 2/29/12 Wed 3/14/12 Wed 3/28/12
2 wks 2 wks 1 wk 2 days 4 wks 2 wks 2 wks 1 wk
Fri 1/6/12 Fri 1/20/12 Fri 1/27/12 Tue 1/31/12 Tue 2/28/12 Tue 3/13/12 Tue 3/27/12 Tue 4/3/12
44 45
46
47
Westfield Concessions Team Client (O'Hare)
48
5 47
49
50
51
Sub Tenants Identify A & E provider Tenant Bid & Evaluate Award A&E
52
53
49 51 52
54
55
56
57
58
53 55 56 57
59
60
Assemble Pre-Qualified Bidders Lists & Issue RFP's Bid Construction Services & Evaluate Award Contracts for the Construction Services Schedule Construction Start
61
62
63
SUBTENANTS PRECONSTRUCTION ACTIVITIES Refine Concepts w/ Westfield Concessions Team Client (O'Hare) Participate in Westfield Outreach Events Subtenant A&E Services Subtenants Identify Their A&E Providers Tenant Bid & Evaluate Award A&E Subtenant A&E Services 30% CD's Submitted to Aviation 60% CD's Submitted to Aviation 90% CD's Submitted to Aviation CD's Submitted to City w/permit application Subtenant Construction Activities Assemble Pre-Qualified Bidders Lists & Issue RFP's Bid Construction Services & Evaluate Award Contracts for the Construction Services Schedule Construction Start 51 57 61 62
Thu 1/12/12 Thu 1/12/12 Thu 1/12/12 Thu 3/1/12 Thu 1/19/12 Thu 2/2/12 Thu 2/2/12 Thu 2/16/12 Thu 3/15/12 Thu 3/22/12 Thu 3/22/12 Thu 4/12/12 Thu 4/26/12 Thu 5/10/12 Thu 2/16/12 Thu 2/16/12 Thu 5/10/12 Thu 5/31/12 Thu 6/7/12
110 days 55 days 7 wks 4 wks 2 wks 35 days 2 wks 4 wks 1 wk 50 days 3 wks 2 wks 2 wks 3 wks 85 days 3 wks 3 wks 1 wk 1 wk
Wed 6/13/12 Wed 3/28/12 Wed 2/29/12 Wed 3/28/12 Wed 2/1/12 Wed 3/21/12 Wed 2/15/12 Wed 3/14/12 Wed 3/21/12 Wed 5/30/12 Wed 4/11/12 Wed 4/25/12 Wed 5/9/12 Wed 5/30/12 Wed 6/13/12 Wed 3/7/12 Wed 5/30/12 Wed 6/6/12 Wed 6/13/12
64 65
66
67
Reconfigure/Split existing pre-security men's room
68
69
Remove 4 existing people movers Provide Demising & Upgraded Utility Services to Fo
70
Construction Activities Construction Phase 1 A by Westfield Reconfigure/Split existing pre-security men's room to become 1/2 Men & 1/2 Ladies Close & Demo - Pizzeria UNO, Gold Coast Dogs & Lou Mitchell's Remove 4 existing people movers Provide Demising & Upgraded Utility Services to Food Spaces 4,5,6 &7 as well as Retail 1,2,4,5 &6
Summary Project Summary Page 2
Tue 5/1/12 Tue 5/1/12 Tue 5/1/12 Tue 5/1/12 Tue 5/1/12 Tue 5/1/12
381 days 70 days 12 wks 8 wks 4 wks 12 wks
Tue 10/15/13 Mon 8/6/12 Mon 7/23/12 Mon 6/25/12 Mon 5/28/12 Mon 7/23/12
21 21 21 21
Task
Progress
External Tasks External Milestone
Deadline
Split
Milestone

ID
Task Name
71
21
Baggage Level Existing spaces retrofits for Retail Baggage Level Existing spaces retrofits for Retail Tenant Build-Outs to Food Spaces 4,5,6 &7 as wel Tenant Build-Outs to Food Spaces 4,5,6 &7 as wel
72
73
74
75
76
77
58 58 70 70 71 76
78
79
Complete Pre-Security Void Infill's Construction Phase 1 B By Subtenants Arrivals Level Build-Outs: News & Gifts Arrivals Level Build-Outs: Food Post Security Build-Out: Retail Spaces Post Security Build-Out: Food Spaces 4,5,6&7 Pre-Security Void Infill Tenant Construction Construction Phase 2 A by Westfield Create A Temporally Demised (Post Security) Space for the Duty Free Operator
Tue 5/1/12 Thu 5/31/12 Thu 5/31/12 Thu 5/31/12 Tue 7/24/12 Tue 7/24/12 Tue 8/7/12 Tue 10/16/12 Tue 10/16/12
14 wks 108 days 10 wks 12 wks 12 wks 12 wks 12 wks 15 days 3 wks
Mon 8/6/12 Mon 10/29/12 Wed 8/8/12 Wed 8/22/12 Mon 10/15/12 Mon 10/15/12 Mon 10/29/12 Mon 11/5/12 Mon 11/5/12
Create A Temporally Demised (Post Security) Spa
80
81
Fitout of Temporary Duty Free Space by Tenant
82
79 81 82
83
84
Construction Phase 2 B by Tenants Fitout of Temporary Duty Free Space by Tenant Dufry Relocates to Temp Space Construction Phase 3 A by Westfield Demo existing Duty Free & Retail space that is currently Pre-Security as well as the ladies room. 84 85
Tue 11/6/12 Tue 11/6/12 Tue 11/20/12 Tue 11/27/12 Tue 11/27/12
15 days 2 wks 5 days 65 days 6 wks
Mon 11/26/12 Mon 11/19/12 Mon 11/26/12 Mon 2/25/13 Mon 1/7/13
Demo existing Duty Free & Retail space that is c
85
Redimise the space for the relocation of the TS Install Utility Infrastructure for TSA Equipment
86
87
88
Relocate TSA Checkpoint Equipment in 3 (2-da
89
86 88 89
Test & Certify Checkpoint systems (by TSA)
90
91
Fit Out the space for the relocation of the TSA Checkpoint Install Utility Infrastructure for TSA Equipment TSA Fitout Phase 3 B Relocate TSA Checkpoint Equipment in 3 (2-day stages) Test & Certify Checkpoint systems (by TSA) Construction Phase 4 A by Westfield Demo of former TSA Checkpoint Areas & Redimise the space for the new Duty Free Operation
Tue 1/8/13 Tue 2/5/13 Tue 2/26/13 Tue 2/26/13 Tue 3/5/13 Tue 3/12/13 Tue 3/12/13
4 wks 3 wks 10 days 1 wk 1 wk 30 days 6 wks
Mon 2/4/13 Mon 2/25/13 Mon 3/11/13 Mon 3/4/13 Mon 3/11/13 Mon 4/22/13 Mon 4/22/13
Demo of former TSA Checkpoint Areas
92
93
91
New Duty Free Operator Construction & Fito
94
95
96
Construction Phase 4 B by Dufry New Duty Free Operator Construction & Fitout Construction Phase 5 A by Westfield Remove Temp Dutyfree infrastructure Handoff balance of existing food court spaces 1, 2 & 3 to tenants for there build outs
Tue 4/23/13 Tue 4/23/13 Tue 7/16/13 Tue 7/16/13 Tue 7/23/13
60 days 12 wks 65 days 1 wk 1 day
Mon 7/15/13 Mon 7/15/13 Mon 10/14/13 Mon 7/22/13 Tue 7/23/13
93 95 95
Provide Demising & Upgraded Utility Servic
97
Food court common area improvements
98
99
Tenant Build-Outs to Food Spaces 1,2 & 3
100
Food court common area improvements Construction Phase 5 B by Tenants Tenant Build-Outs to Food Spaces 1,2 & 3 as well as the new Restaurant Final News & Gift Store adjacent to TSA Checkpoint construction & Fitout
Tue 7/23/13 Tue 7/16/13 Wed 7/24/13 Tue 7/16/13
12 wks 66 days 12 wks 12 wks
Mon 10/14/13 Tue 10/15/13 Tue 10/15/13 Mon 10/7/13
96 93
Task
Progress
Summary Project Summary Page 3
External Tasks External Milestone
Deadline
Split
Milestone
Exhibit 7
Exhibit 8
CHICAGO
DEPARTMENT OF AVIATION
Chicago Department of Aviation
Concessions Tenant Design & Construction Procedures Manual

for
O'Hare International Airport and Midway International Airport
SECTION 0001 INDEX

Page SECTION 0002 - PROJECT DIRECTORY..........................................................................4 SECTION 0003 DEFINITIONS................................................................................................. ..5 SECTION 1000 - DESIGN GOALS AND CONCEPTS ................................................ .....6 Introduction Mission Statement Design Intent Design guidelines on kiosks SECTION 2000 - GENERAL PROCEDURES ......................................................................... 8 Intent of this Manual Reference Document Department of Aviation Representation and Design Review Permits, Fees and Approvals Assurance of Professional Design, Documentation and Field Review Base Building for Tenant Use Tenant Requests to Modify the Base Building Tenant Authorization of Base Building Modifications Safety and Security Working in the Airport Tenant's Checklist SECTION 3000 - TENANT DESIGN SUBMISSION REQUIREMENTS ..................... 14 General Submission Schedule Submission Documentation SECTION 4000 - DESIGN CRITERIA AND TECHNICAL REQUIREMENTS....20 General Base Building Design Control Zone Architectural Structural Heating Ventilating and Air Conditioning Equipment Plumbing Sprinklers and Fire Protection Electrical Power Service Lighting Criteria Acoustics Exhaust and Odors Tenant Signage Criteria Menu Board Criteria Waste Handling
O'Hare International Airport and Midway International Airport Concessions Tenant Design and Construction Procedures Manual Page 2 of 52
Seismic Restraint
SECTION 5000 BARRIER FREE DESIGN REQUIREMENTS................................... 40 General Tenant Access Recommendations SECTION 6000 CONSTRUCTION REGULATIONS ..................................................... .43 Pre-construction Requirements Pre-construction Meeting Identification Badging Notice to Airport Users Safety required documents Construction Rules and Regulations General Labor Affiliations Hours of Construction Security Regulations Project Health and Safety Elevator Usage Monitoring of Construction Projects Construction Site Maintenance Delivery of Materials/ Debris Removal Project Coordination Parking for Construction Workers Storage of Materials Protection of Existing Conditions Compliance with Environmental Laws Compliance with All Laws Welding Roof Work Notice to Users Forms Plan Modifications Project Closeout Requirements
All materials contained herein are reserved and protected. Any copying or distribution of these materials without the permission of the Department of Aviation (CDA) or the City of Chicago is prohibited.
SECTION 0002 PROJECT DIRECTORY City of Chicago Richard M. Daley, Mayor City Hall 121 North LaSalle Street, 5th Floor Chicago, Illinois 60602 Department of Aviation Rosemarie S. Andolino, Commissioner Aviation Administration Building 10519 W. Zemke Road Chicago, Illinois 60666 Cortez Carter, Managing Deputy Commissioner Real Estate, Planning and Concessions Aviation Administration Building 10519 W. Zemke Road Chicago, Illinois 60666 Frank Grimaldi, Assistant Commissioner of Development Aviation Administration Building 10519 W. Zemke Road Chicago. Illinois 60666
SECTION 0003 DEFINITIONS

AIRSIDE The portion of the airport that is located post security (after the security gates) CLOSURE LINE Line of storefront entrance door (sliding, rolling, swing) CONCOURSE Pre security, the public circulation and queuing area associated with airline check-in and ticketing positions. Post security, the main public corridor that runs through the airport. Retail concession spaces are generally located on one side of the concourse. Lines of customers should never extend into the concourse. DESIGN CONTROL ZONE An area inside the PREMISES that extends from the LEASE LINE back a specific number of feet into the space. This zone, where occurs, will be noted on the LOD. DEMISING WALL Any wall separating a tenant's space from another tenancy or common area., Refer to local building code for required rating. HOLD ROOM - A room or area, located adjacent to a Gate, with seating for passengers to wait for arriving or departing flights. LANDLORD The CDA, governing airport authority or its designated representative. LANDSIDE The portion of the airport located pre-security (before the security gates). LEASE LINE - The imaginary line surrounding the PREMISES. The LEASE LINE generally occurs at the centerline of a glass storefront, the centerline of a demising wall between tenancies, or the inside face of a common area, concourse or exterior wall. LEASE Agreement between the Tenant and the CDA. Tenant design must be in accordance with this manual and the LEASE. Where there is a conflict, the LEASE shall be the governing document. LOD (Lease Outline Drawing) A drawing of the PREMISES that shows the LEASE LINE, utility stub-out locations, and the Design Control Zone (if any). The LOD will be furnished to the Tenant by the LANDLORD prior to the signing of the LEASE. All information provided on the LOD must be field verified by the Tenant prior to start of construction. PUNCHLIST - A list of deficiencies, prepared by the CDA or its designated representative. See Section 6000, Article 2.20. PREMISES - The area of the airport that has been leased by the Tenant. See LOD.
SECTION 1000 DESIGN GOALS AND CONCEPTS
Introduction
Chicago O'Hare International Airport is the second busiest airport in the world, serving approximately 64 million passengers per year. This passenger traffic equates to more than 175,000 passengers every day and an average of 100 aircraft arriving and departing each hour from 162 gates. Chicago Midway International Airport serves approximately 17 million passengers per year. O'Hare and Midway are owned by the City of Chicago and operated by the Chicago Department of Aviation (CDA). O'Hare and Midway Airports contribute to Chicago's status as the premier air transportation hub in the nation. As a tenant at the Airport you will have the unparalleled opportunity to benefit from and to contribute to the success of the concessions program.
Mission Statement
"To celebrate the Chicago Airports stature as a global gateway, and ensure that passengers remember the airports as having captured the Chicago Urban metropolis Experience and its global position". To express the Chicago experience, it is necessary to create a unique physical framework that evokes a 'feeling' of Chicago that can be achieved through a combination of materials, colors and sounds. These aspects will all contribute to making an enjoyable and memorable experience for the traveler, as well as the working population of the Airport and will provide a sense of 'civic pride' to all residents of Chicago. To express and celebrate the best of Chicago at the Airport, tenants are encouraged to examine key aspects of the city's heritage and physical environment, cultural life and institutions, icons and monuments. Additionally, the city's nightlife, restaurants, and public festivals may be used to provide a framework within which retail facilities will become memorable and entertaining experiences.
Design Intent
The retail design program has taken the philosophical position that the design of storefronts and concession spaces should strike a balance between variety and consistency. The design of all concession spaces must be respectful of the terminal architecture and the thematic statements of each area within the terminal. Tenant design must be consistent with the design guidelines and criteria embodied in this manual. These guidelines may be met by proposing contemporary design solutions that capture the "essence" and feel of the design guidelines without necessarily being literal interpretations.
This may be achieved by the use of materials, color or characteristic gestures of the design guidelines. The Chicago Department of Aviation is committed to achieving the following goals with the Airport Retail Program. Tenants will be required to implement concession design solutions consistent with these aims. To create and enhance design responses that support the Mission Statement, which will be clearly identified with Chicago and that will be internationally recognized. To create top quality, cutting edge designs from all tenants, appropriate for the City and Airport's international stature. Concepts and materials used in concessions should be equal to or better in quality than those found in prestigious downtown locations. To incorporate environmentally sustainable design practices in the development and buildout of concessions and comply with the "CDA Sustainable Airport Manual." To create concessions which communicate a unique, distinctive and memorable image. Design concepts which have been "parachuted" in from other projects without regard to the specific themes established for the Airport will not be accepted. To creatively plan concessions that are compatible with the airlines and CDA operational requirements and with passenger convenience. Concessions should be operationally efficient and demonstrate innovative in-unit storage. To create concessions which complement the architectural qualities of the airport and are compatible with adjacent tenancies.
SECTION 2000 GENERAL PROCEDURES
Intent of this Manual
This Concessions Tenant Design & Construction Procedures Manual ("TDCPM") is intended to provide Tenants and their designers and contractors with information required for the design and construction of their leasehold improvements at the Chicago Airports. It contains: City of Chicago Department of Aviation criteria for design. Procedures for obtaining the required approval of design. Regulations covering design and construction procedures throughout the project.
It is the responsibility of the Tenant and its contractor to obtain and become familiar with Chicago Department of Aviation ("CDA") guidelines and requirements as embodied in the Lease Agreement and the TDCPM prior to commencement of the Tenant's Work.
2
2.1
Reference Documents
The TDCPM is to be read in conjunction with: The Lease Agreement ("Lease") and in particular Articles 3.2, Article 5, and Exhibit 4 thereof. City of Chicago Building Department Building Permit and CDA Construction Permit application forms.
2.2
The Tenant shall be responsible for reviewing, understanding and implementing, as part of its design, the latest editions of all Federal, State and Local codes, ordinances and regulations applicable to the work. Review of Tenant documents by the CDA and / or its designated representatives does not relieve the Tenant of responsibility to satisfy all such applicable requirements. These requirements include, but are not limited to: Municipal Code of Chicago City of Chicago Building Code City of Chicago Department of Health Regulations American Disabilities Act Illinois Accessibility Code FAA 7460-1 Forms Additional Aviation Security Act and FAA requirements outlined in Article 10.7 of the Lease Environmental Laws as defined in Article 3 of the Lease
2.3
CDA Temporary Construction Barricade and graphics Standards (see Exhibit C) CDA CADD Drawing Standards
Familiarity with the TDCPM and the Reference Documents will form the basis of CDA approval of all Tenant design and construction work. In case of discrepancy between the TDCPM and the Lease, the Lease shall take precedence and shall apply.
3 3.1
Department Of Aviation Representation and Design Review Intentionally removed.
3.2.1 Design review will be conducted by architects appointed by the CDA. Additional technical reviews will be conducted by various divisions of the CDA and any affected airline or other Tenant agency. 3.3 The CDA and its representatives will review each design submission on individual merit and in the context of neighboring premises and Airport design standards and reserves the right to require changes to, or reject elements of, the design. Permits, Fees and Approvals Tenants are responsible for obtaining all permits, paying all fees and obtaining all required approvals. Design approvals shall be obtained by the Tenant from the CDA in conformance with the requirements of this document as stated in Section 3000, Tenant Design Submission Requirements. Following the design approvals indicated above, the Tenant shall obtain a Building Permit from the City of Chicago Department of Construction and Permits (DCAP). Note that approval by the CDA does not constitute approval from the City of Chicago Building Department. Construction shall not commence until the above noted approvals and permits are secured and satisfactory evidence of same has been provided to the Department of Aviation. The Tenant shall at all times during the performance of the Tenant's Work, post the CDA's standard notice to workers, materialmen, contractors and subcontractors regarding the limitations on the CDA's responsibilities relating to the improvements and the Work, in a conspicuous location at the place of the Work. For additional permit and approval requirements during the course of construction Tenants are referred to Section 6000 of this document, Construction Regulations. Upon completion of the Tenant's Improvements, the Tenant shall secure all applicable certificates of inspection, and provide the CDA with a Statutory
4 4.1 4.2
4.3
4.4
4.5
4.6 4.7
Declaration confirming that there are no liens, Workers' Compensation claims, or other encumbrances affecting the Premises or the Building in respect of work, services, materials and equipment relating to the Tenant's Improvements and that all accounts for work, services, materials and equipment have been paid in full with respect to all of the Tenant's Improvements. Occupancy of the Tenant's Premises shall not be permitted until this requirement is fulfilled. 4.8 If specified by DCAP and/or insurance company, the Tenant shall obtain an Certificate of Occupancy from the City of Chicago Building Department. In the case of food or beverage tenancies the Tenant shall also obtain all approvals and certificates as required by the City of Chicago Health Department.
Assurance of Professional Design, Documentation and Field Review
The Tenant's design team shall provide evidence, satisfactory to the CDA, of professional services throughout the design, documentation and field review stages of the work. Contract documents and "as-builts" shall be signed and sealed by a design professional licensed to practice in the State of Illinois.
Base Building Drawings for Tenant Use
Wherever possible the CDA will provide one (1) set of white prints of the following documents, in imperial scale, for the Tenant's information. The CDA will make its best efforts to provide the most current information available, but does not warrant the accuracy or completeness of same; the Tenant shall be responsible for verification of existing conditions. Key plan, for locating the Tenant's premises in the terminal. Architectural plan of the general location at 1/4" = 1'. Structural plan of the general location. Mechanical, plumbing and fire protection plan of the general location indicating existing systems and/ or capped off location of services. Electrical plan of the general location indicating existing systems and/ or location of terminated services if known. Such elevations and additional details that the CDA believes to be applicable to the general location.
In addition, other base building drawings and specifications may be available for review. Copies of available selected sections will be provided after completion of e-drawing request signed form for concession development.
Tenant Requests to Modify the Base Building
7.1
If the Tenant's requirements for any of the base building elements or services supplied by the CDA exceed the standards or capacities outlined in the Lease and this manual, the Tenant may apply to the CDA for upgrading of such elements or services. The CDA will review the application received and may, at its sole discretion, agree to the upgrade. If the CDA agrees, the CDA may at its sole discretion, either; Supply a quotation to the Tenant for the CDA to do such upgrade work, for the Tenant's agreement and authorization. Such quotation shall include all related costs, including those of the CDA's consultants, plus 20% for CDA coordination, supervision and administration. Or Authorize the Tenant to proceed with the work under CDA supervision. In this case the Tenant shall agree to compensate the CDA for its supervision and administrative costs including those of the CDA's consultants.
7.2
Tenant Authorization of Base Building Modifications
8 . 1
8.2
Work performed by the CDA on behalf of the Tenant or to accommodate the Tenant's design requirements or base building modifications shall require a Tenant Authorization Form (see Exhibit A). The Tenant Authorization Form shall be prepared and issued by the CDA, and signed and submitted by the Tenant prior to commencement of the affected work. Costs authorized by the Tenant, under the Tenant Authorization Form, shall be paid by the Tenant directly to the City of Chicago, on demand, following completion of the work by the CDA's contractor. At the CDA's option such costs may be invoiced, due and payable on a monthly basis, pro rata. The CDA, in its sole discretion, may require the Tenant to provide an irrevocable Letter of Credit as security against all of the Tenant's obligations for work performed under the Tenant Authorization Form. Under no circumstances will the Tenant's contractor be permitted to make modifications to the base building systems. Occupancy shall not be permitted until the account is fully paid and current.
Safety and Security
8.3 8.4 8.5

9
9.1
It is the intention of the CDA that a safe, secure and healthy work place is provided for each and every worker on CDA property. This applies to work performed within the Tenant's Premises or under Tenant control.
9.2
The Tenant and its contractors have sole and complete responsibility for safety on the project. The tenant's construction supervisor responsibilities are to be solely limited to safety related functions but with prior CDA Safety approval dual roles such as Safety Representative and Supervisor are allowed to exist. The Tenant and its contractors shall comply with all health and safety requirements or standards in effect under the Federal, OSHA, State of Illinois, City of Chicago, and The Airport Standards and as set forth in the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two. For more detail on Contractor Responsibilities, refer to Exhibit M of this document. Fire protection shall comply with all fire regulations in effect under Federal, OSHA, EPA, State of Illinois, City of Chicago, and The Airport Standards. Security of the Tenant's premises during the Tenant's Fixturing Period shall be the responsibility of Tenant, who shall take all necessary steps to secure the premises. The CDA shall have no liability for any loss or damage including theft of building materials, equipment, supplies, fixtures or stock.
9.3 9.4
1 0
Working in the Airport
10.1 Tenant's representatives, design team and contractor shall recognize that their Work is being conducted in an operating airport, the functioning of which may not be disrupted for any reason. The CDA reserves the right to stop the Tenant's Work at any time, for any reason the CDA deems necessary to maintain the operation, standards or requirements of the Airport. 10.2 Tenant representatives, design team and contractors who will be working in any area of the airport past the security checkpoint are required to obtain an Employee Access Control Photo ID Badge. A sample application form is included as Exhibit D. Forms shall be filled in and be completed and returned. See Section 6000, Article 1.2 for additional information. 10.3 If the Tenant and/or its consultants require access to a space not currently being utilized or operated by the same Tenant, prior approval must be obtained for access to that space. The Tenant must request, from the CDA or its designated representative, access to the space a minimum of 48 hours prior to the desired time of access. 10.4 Tenants requiring additional clarification on this topic are referred to the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two, which governs the daily operation of the airport. 10.5 For additional information on working in the airport see Section 6000, Construction Regulations.
11
Tenant Checklist
To assist Tenants in compiling information for administration purposes, a Tenant Checklist is included as Exhibit B. This checklist is for reference and use by the CDA and the Tenant, and may be subject to change by the CDA who will so notify the Tenant.
SECTION 3000 TENANT DESIGN SUBMISSION REQUIREMENTS
General
1.1
Preparation and submission of drawings, samples, and specifications for the fixturing of the premises, for the CDA's review, must be in accordance with Section 2000 General Procedures, this Section and as set out in the Lease. All documents shall bear the CDA assigned project number. The design and submitted documents and materials shall be prepared by design professionals licensed to practice in the State of Illinois, examples of whose previous design work shall be of a standard acceptable to the CDA at its sole discretion. For the benefit of the Tenant's design team, attention is drawn in particular to the non-combustible classification of the building; related flame spread ratings and smoke development classification of materials and the seismic restraint of construction components. Documentation demonstrating compliance with these requirements shall be provided by the Tenant if requested by the CDA. CDA drawings of the Premises will be provided for the Tenant's information in accordance with Article 6, Section 2000 of this document. Tenant documentation prescribed in Article 3 Submission Documentation shall for all submissions be provided in imperial measurement at the following scales: Key plans; 1/32" = 1'; with the location of the space clearly identified by the column line designation. Floor plans, reflected ceiling plans, merchandising plans, interior elevations, sections and related details; 1/4" = 1'. Flow diagrams and adjacency plans at 1/8" = 1". Storefronts, signage, logos and lettering, in elevation, section or detail; Y2" = 1' Material samples on standard not to be smaller than 11" x 17" size boards, complete with legend. Renderings on minimum 11" x 17" stock.
1.2
1.3
1.4 1.5
1.6
All required concessions review documents should be submitted in accordance to the "Document Submittal Instructions." Material sample boards and all renderings shall be submitted in duplicate. Where CADD documentation is prescribed by Article 3 of this Section, all drawings shall be submitted in conformance with the City of Chicago Department of Aviation CADD Standards, CADD Standards User Manual, Release 1.1. Electronic submittals will be accepted in Microstation format only. During
1 7 .
development of the Tenant's CADD deliverables and at the Tenant's request, the City will make available Microstation cell libraries, standards and seed files. 2 2 1 . Submission Schedule Within 30 business days of the Effective Date of the lease, the Tenant will submit a Development Plan and Conceptual Design describing in detail the thematic concept for the Retail Space and its plan and schedule for implementing the improvements as set out in paragraph 3.1 of this section. The Development Plan must include the anticipated Date of Beneficial Occupancy. Within 14 business days after the Development Plan and Conceptual Design submission, the Tenant will receive one of the following responses from the CDA; "Accepted", "Accepted as noted", or "Revise and resubmit". Supplementary explanatory comments will be provided as appropriate. Received comments shall be incorporated into the Tenant's next design submission. Within 14 business days after receipt of the Development Plan and Conceptual Design, a design start-up meeting shall be convened to review the Tenant's Development Plan and Conceptual Design and this manual. Within 45 business days of date of the approval of the Development Plan and Conceptual Design, the Tenant shall prepare and submit its proposed 60% design drawings to the CDA as set out in paragraph 3.2 of this section, for the CDA's review and acceptance. Within 10 business days after the 60% Design submission, the Tenant will receive one of the following responses from the CDA; "Accepted", "Accepted as noted", or "Revise and resubmit". Supplementary explanatory comments will be provided as appropriate. Received comments shall be incorporated into the Tenant's next design submission. If a resubmission is required by paragraph 2.5 above, the Tenant shall resubmit the design within 5 days thereafter addressing the noted concerns. This process shall continue until an "Accepted" or "Accepted as noted" response is achieved. Within 20 days of the Tenant's receipt of the CDA's acceptance of the Tenant's Design Development submission, the Tenant shall prepare and submit 100% Design and specifications for review, as set out in paragraph 3.3 of this section. The CDA shall attempt to notify the Tenant of its acceptance or request for revision of the Tenant's 100% Design within 10 business days thereafter. The CDA will make its best efforts to expedite the reviews of the Tenant's submissions, however the Tenant should be aware that the CDA will review the submissions in the context of adjacent premises and that this may affect the schedule of the reviews. Within 30 business days of the Tenant's notice of completion to the CDA, the Tenant shall submit to the CDA complete as-built documentation as described in paragraph 3.6 of this Section.
22 .
2 . 3
24 .
2 . 5
2.6
27 .
2.8
29 .
3 3.1
Submission Documentation Development Plan and Conceptual Design The following indicates the minimum requirements of the Development Plan and Conceptual Design Submission. Initiation letter describing the nature and scope of the project. Proposed schedule and cost. Key Plan showing the location of Premises identified by column lines within the terminal. Flow diagram showing all passenger movements in the immediate vicinity of the premises. Adjacencies and dimensions to fixed construction in the immediate vicinity. Proposed Merchandising Plan showing fixture layout and product displays. Colored perspective or elevation of proposed storefront design with signage. Sample board of proposed materials, colors, finishes and furnishings.
Key mechanical, electrical and telecommunication systems proposed. 3.2 60% Design Submission The following indicates the minimum requirements of the Tenant's Design Development Submission: Initiation letter describing the nature and scope of the project. Response letter to the CDA Preliminary Design submittal comments. Key Plan showing the location of the Premises within the Airport. Flow diagram showing all passenger movements in the immediate vicinity of the premises. Preliminary Floor Plan(s) showing interior design including materials and finishes. Interior wall elevations showing materials, heights, locations of feature elements. Reflected Ceiling Plan(s) showing ceiling materials, various heights, location and type of all light fixtures and other mechanical or electrical ceiling mounted devices. Storefront elevation and section showing storefront concept including graphics and signage, materials and finishes. Sample board (if revisions to Preliminary Submission were required by the CDA).
3.3
Mechanical and electrical design including base building modifications. Storefront model to fit Retail Architect's light box if requested. Fixture cuts of all proposed lighting, furnishings, diffusers, grilles, sprinkler heads and accessories. Proposed cost of the improvements. Proposed updated schedule.
100% Design Submission The following indicates the minimum requirements of the Design/Working Drawings. 3.3.1 General Initiation letter describing the nature and scope of the project. Proposed construction schedule showing all major elements of the Work. Current estimate of improvement costs. Complete CADD documentation of the submission.
Assurance of professional design, documentation and commitment for field review as described in Article 5 of Section 2000 of this manual. 3.3.2 Architectural Key Plan showing location of the Premises within the Airport. Floor Plan(s) indicating closure locations of partitions and type of construction, placement of fixtures, furnishings, floor patterns, material selections, storage and washroom locations (if any). Reflected ceiling plan(s) showing ceiling materials, various heights, and location of all light fixtures, diffusers, grilles and sprinkler heads. Interior Wall Elevations, sections and details sufficient for construction. Storefront Elevation showing ceiling materials, various heights, location of all light fixtures, signage and emergency exit(s). Sign, logo and lettering details showing elevation and section views, letter style and size, all colors and materials, methods of illumination, installation, color of illumination and voltage requirements. This shall include signage for the Blade Sign as applicable. Sign blades must be professionally designed and fabricated. Designs shall be complete as part of the working drawing submission. Design-build signage arrangements will not be accepted. Specifications, interior finish and color schedules.
Confirmed fixture cuts of all lighting, and plumbing fixtures including manufacturers name, catalogue number, catalogue cut, lamp types, mounting and custom designs. Details of securing the Premises when closed. Sample board of materials, finishes and colors if revised from previously approved Final Design Submission. Tenant hoarding and dust control plans in conformance with CDA standards; see Exhibit C.
3.3.3 Structural (if applicable) Drawings identifying means of seismic restraint for all code required applications and all applicable structural calculatings. Drawings and specifications for elements of fixturing or construction applying atypical point loads to the base building structure. Drawings indicating size and location of all intended floor or roof penetrations.
3.3.4 Heating, Ventilating and Air Conditioning Floor plan, fan coil or VAV units, duct layout, size and manufacturer of grilles and diffusers, thermostats where applicable. Specifications and fixture cuts. Heat gain/loss calculations based on existing conditions. Venting, make-up air requirements. Mechanical equipment schedules per City of Chicago building code requirements Floor plan of services. Specifications and fixture cuts. Venting and back flow preventer location and requirements. Riser diagrams showing water meter location.. Sprinkler distribution changes, head layout and hydraulic calculations (if applicable). Heat baffles (if applicable). Fire extinguisher
3.3.5 Plumbing (if applicable)
3.3.6 Sprinklers and Fire Protection
locations. 3.3.7 Electrical
Floor plan showing electrical requirements. distribution diagram. Special lighting, i.e. signs, logo, etc. Specifications of fixtures.
Include single line
Fixture schedule showing quantity and watts for each fixture.
Total electrical demand and connected loads, service location and size of transformer (if required). Complete
d table of electrical loads. 3.4 Response to CDA Letter of Approval The Tenant shall respond in writing and provide written response at preconstruction meeting, regarding any outstanding issues or requirements listed in the CDA's Design/Working Drawing Letter of Approval. Post Construction Submissions The following items are to be submitted post construction: 3.5.1 Complete and accurate as-built drawings signed by the contractor/builder of all work provided within the Premises. "As-Built" submissions shall include: Three (3) half size AS BUILT drawings sets with the CDA project number appearing on each sheet. One (1) CD of the as-built construction document electronic drawing files that were created using an acceptable version of CADD software. The architect can deliver these drawing files on any standard media or via the internet. If file, other than graphical files, are translated, the architect will ensure 100% transfer of data. The name, location, project number and vendor's name of the project must appear on the front label of the disk. One (1) CD of the image files in TIFF format and One (1) CD of the image files in PDF format.
3.5
3.5.2 Copies of all reviews, sign-offs and other items as specified under Article 4 Section 2000 of this manual, pertaining to the Work as provided at preconstruction meeting 3.5.3 A statement certified by the Tenant detailing the improvement costs for the premises.
O'Hare International Airport and Midway International Airport Concessions Tenant Design and Construction Procedures Manual
Page 19 of 52
SECTION 4000 DESIGN CRITERIA AND TECHNICAL REQUIREMENTS 1 11 . 1.2 General Design criteria have been developed to maintain design quality and consistency while encouraging designers to be imaginative and innovative. The CDA will review each design submission on individual merit and in the context of neighboring premises, and reserves the right to require changes to, or reject elements of the design in whole or in part. Concessions shall provide a consistent image, signage and finishes package for the entire leased space. This requirement is equally applicable to single concessions and to those having multiple "sub-tenants", representing more than one brand or concept in a single leased space. Tenants proposing branded concepts shall require and insure that the brands make available the full range of their latest concept designs to the The Airport Retail Program. Tenants are reminded that submitted designs will be evaluated against the overall Design Goals and Concepts described in Section 1000 of this manual. Base Building
1.3
1.4
1.5
Unless otherwise specified in the Lease, the CDA at the CDA's expense will provide the items indicated below; 2.1 2.2 2.3 2.4 2.5 Concrete or steel structure with or without deck depending on location. Exposed structure to Tenant space or open to above, depending on location. Existing floors. Storefront bulkhead in specific locations only per CDA supplied drawings. Storefront neutral pier/demising cap at each demising wall where applicable.
2.6 The Tenant is referred to Section 2000, articles 7 and 8 for provisions regarding the alteration of base building elements. 3 Design Control Zone (where applicable)
Where the CDA has designated a "Design Control Zone' to a defined line inside the Premises this area shall be regarded as a transition zone within which the Tenant shall incorporate CDA specified finishes and bear all associated costs. Applicable design control zones will be annotated on the LOD.
4 4.1
Architectural Interior Finishes and Materials 4.1.1 General 1 . The Tenant shall provide interior partitioning, painting and decorating, floor coverings, store fixtures and furnishings as accepted by the CDA. All Tenant proposed finishes are subject to CDA review and approval. The CDA reserves the right to reject any Tenant proposed finishes and materials which in the CDA's opinion are considered to be in aesthetic conflict with the base building finishes, and/or adjacent approved Tenant finishes. All work by the Tenant within the Premises shall be completed with new and sustainable materials. All materials and workmanship shall be of a uniformly high quality and performed in accordance with the very best standards of practice (in any event not less than CDA's base building standards). Any damage to the Premises or the Building caused by the Tenant or any of its employees, contractor(s) or workmen shall be repaired forthwith by and at the expense of the Tenant. Merchandising plans shall be designed so that points of sale do not generate a customer queue that crosses the lease. For illustration of this issue and potential solutions see Figure 1, at the end of Section 4000 of this manual. Store aisles must comply with the Chicago Building Code, Accessibility Chapter 18-11, and be of adequate width to accommodate luggage carts and shoppers of foot. A minimum clearance of 3'-0" must be maintained between merchandised fixtures. Food preparation areas are required to have impervious, non-slip flooring materials. Airport finishes are subjected to substantial abuse and must be selected accordingly. Only high quality durable finishes will be accepted. The extensive use of luggage carts must also be considered. Any material between 0 and 14" above finish floor is susceptible to luggage cart damage and must, therefore, be very durable. Plastic laminate will not be permitted in this zone. Ceiling see existing condition. Flooring existing concrete or terrazzo, stone, carpet, wood, porcelain tile, ceramic tile. Bulkheads Painted steel and/ or drywall.
2 .
3 .
4 .
.5
.6 7 .
4.1.2 CDA Base Building Finishes 1 . .2 3 .
Columns Painted steel, concrete, terrazzo, stainless steel cover, or stone cladding. 4.1.3 Acceptable Material Within the Leased Premises The materials listed below have been selected to encourage variety and creativity of storefront and premises design and their use is encouraged. 1 . 2 . Glass etched (sealed), sandblasted (sealed), tinted, clear, glass block. Wood - natural, stained, painted, certified by the Forest Stewardship Council (FSC) or the Sustainable Forestry Initiative (SFI). Metals - painted or stainless steel, bronze, copper, brass, light bronze, anodized or painted aluminum, perforated, gun metal. Tile - a variety of quality glazed and unglazed thin-set. Natural Stones - marbles, granites, slate, and limestone. Plastic Laminates - solid colors, acceptable decorative patterns; wood grained laminate will be evaluated on a case by case basis. Solid surfacing materials e.g., Conan or similar. Ceilings see paragraph 4.2. Halogen low voltage light fixtures. Low-emitting paints and coating.
. 4
3 . . 4 5 . .6 .7 . 8 9 . .10
4.1.4 Unacceptable Materials Within the Leased Premises The materials listed below will not be accepted as part of the design for a storefront or leased premises. 1 . . 2 3 . 4 . Artificial versions of stone, marble, tile, wood or other natural material. Brick or simulated brick. Carpet. Any material that would constitute a fire and/or public hazard.
5 . Any material that, in the CDA's opinion, is of low quality, nondurable and/or difficult to maintain. .6 7 . .8 9 . .10 Fluorescent paint. Vinyl tile or sheet vinyl within the sales area. Pegboard walls or fixture systems. Metal linear ceiling systems. Acoustic tile ceilings other than as described in paragraph 4.2.
.11 .12
Exposed ducts, conduits, pipes and other mechanical and electrical equipment in any area open to public view. Security alarm tape on storefront windows.
4.1.5 CDA approved finish materials are to be extended along demising wall(s) and/or soffit where exposed to the common area at the Tenant's expense. 4.1.6 Showcases or displays shall be in an approved material and shall be internally illuminated. 4.1.7 Any transition in floor level shall not exceed 2% in slope and shall only occur at the interior side of the Tenant's closure line. The closure line is defined as the line of the Tenant's storefront in the closed position. 4.2 Ceiling Construction and Access 4.2.1 The Tenant's ceiling membrane may be constructed of concealed spline acoustic tile, drywall, plaster, or other materials approved by the CDA. Exposed grid suspended ceilings in areas exposed to public view will be evaluated on an individual case basis. Any accepted exposed grid shall have a 9/16" 'T' installed in a 2' x 2' configuration. Color of grid and tile shall match. Suspended ceiling tile must be finely textured with at least a tegular edge. 4.2.2 There shall be no combustible materials in the ceiling space. Ceiling design shall incorporate access to all ceiling-mounted CDA and Tenant equipment requiring inspection and maintenance. The Tenant's designer shall determine the required sizes and locations of access points. 4.2.3 The minimum ceiling height permitted within Tenant's space shall be 10' above finished floor unless otherwise restricted by existing conditions. 4.2.4 Where the base building structure creates an intended trellis it shall remain exposed. 4.3 Entrances and Storefronts The Tenant's storefront design shall incorporate individuality and creativity, which will contribute interest and character to the overall airport retail environment. 4.3.1 General 1 . Typically, the Tenant's storefront is to be located on the lease line. However, where the closure line (door location) is set back, the CDA may require the base building finishes to be carried in to the closure line at the Tenant's expense. At the CDA's option the CDA may supply and install such finishes, or approve such work for installation by the Tenant. Tenants are encouraged to create a "show window" design for their storefronts, with a distinct entrance and large display windows.
. 2
. 3 4 . .5
The minimum acceptable width of any storefront entrance is 6'-0". All storefront entrance doors shall occur on or behind the lease line. Swinging doors must not swing across Tenant's lease line. In the case of stores where the storefront or kiosk is composed of counters, the Tenant must provide self-locking counters or secure sliding or roll down grilles or shutters. A minimum of 70% of the storefront, measured in clear storefront opening square feet shall be made transparent. Transparency can be achieved by providing a combination of open entry and window glazing creating open views into the Tenant space, as well as the use of glazed window displays. Maximum transparency is encouraged while maintaining a strong storefront identity. Display pedestals or freestanding storefront elements are acceptable, providing they are within the Premises and adhere to the parameters set forth in this manual. No surfaces or projections potentially hazardous to the terminal's pedestrian traffic may be used. Tenants without a rear exit may require a storefront egress door in addition to any sliding doors provided, to suit code requirements. The Tenant acknowledges that base building stud and drywall demising walls are not designed to support wall-mounted fixtures.
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8 . . 9 .10
4.3.2 Acceptable Storefront Materials and Closure Types The following storefront materials and closure types are acceptable. . 1 .2 .3 Solid swing or sliding doors of approved material. Swinging frameless glass doors on bottom rail and top patch pivots. Sliding glass doors: When open, these shall be stored in an enclosed space(s) concealed to the passerby. In the case where showcases extend beyond the store closure, sliding doors may be stacked behind the showcase and used as the back of the showcase during business hours. Sliding Grilles: Grilles shall be Guardian Sliding Security Grille by Metro Door or other manufacturer in similar pattern and dimensions. Sliding grille storefront finishes are subject to CDA approval. Grilles shall be complete with emergency exit doors if required by code. Wood storefront closures, trim and fittings are subject to the code limitations applicable to non-combustible buildings. Finish subject to the approval of the CDA.
.4
5 .
4.4
The CDA encourages the maximum use of clear, frameless glass as a storefront material. Edges of the joints for frameless glazed storefronts shall be ground, polished and sealed with clear silicone sealant. Additional Criteria for T3 The specific design criteria contained herein supplements and take precedent over the standards more generically described by articles 2, 3 and 4 above. 4.4.1 Acceptable Tenant Materials The following materials are acceptable for use by the Tenant: 1 . 2 . 3 . 4 . 5 . Natural materials that compliment the base building palette are encouraged. Glass beveled, etched sandblasted, clear, ceramic frit glass, cast etc. except as listed below. Natural stone - Indiana limestone, quartzite, granite. Wood - light colored hardwoods such as maple, birch, cherry. Metals - painted steel, anodized or painted aluminum, brushed aluminum, brushed stainless steel, stamped, patterned, perforated metal, brushed brass or copper. Tile - high quality glazed or unglazed. Environmental/ sustainable materials - recycled products.
. 6
. 6 . 7
4.4.2 Unacceptable Tenant Materials The materials listed below will not be accepted as part of the design for a storefront or leased premises; .1 2 . . 3 4 . 5 . . 6 .7 8 . 'Faux' materials including stone, marble etc. Glass block Stone - large figured marble. Wood - Dark colored wood such as mahogany, stained oak. Metals - chrome, bright brass or other yellow metals. Carpeting. Paint - fluorescent, 'neon', bright, unnatural colors, pink/fuscia, orange, bright yellow. Any materials not listed as acceptable, without the approval of the CDA.
4.4.3 Caf Seating Area The following criteria govern the design of the Tenant's caf seating area outside the closure line.
Table and chair designs should be in the palette of the base building. Light colored wood and metal are encouraged. 4.4.4 Storefront The following criteria govern the design of the Tenants storefront in addition to the general criteria established elsewhere in Section 4000; 1 . Tenants should use the horizontal and vertical lines established by the base building design, including the Chicago window modules, stone joint lines etc. Tenant materials may not be located above or in front of the base building steel beam. Any connection of Tenant materials to the beam shall be by welding in areas not exposed to view. Bolted connections are not acceptable. Damage to base building finishes shall be repaired at the Tenant's expense. Lighting of the storefront should not compete with the base building lighting concepts described above. Cool lighting or excessively high light levels are unacceptable. Neon is unacceptable. Canopies will be reviewed on a case by case basis. The canopy design should be simple and work with the proportions and lines of the upper story window system. The canopy may not hide or otherwise obscure the base building spandrel beam. The canopy may not attach to the base building columns. Canopies should be a single color for each Tenant and the colors should be reserved and in the family of colors of the base building. The existing terrazzo floor will remain within the Tenant space except for those locations where the new base building work requires removal of the floor. The Tenant is responsible for any change, repair and maintenance to the floor material within its space, with the exception of the caf seating area, which is the responsibility of the CDA. Fire protection shall be provided by the Tenant as required by code. The steel structural frame has been prepared for the integration of both conduit and fire protection.
1 .
. 2
. 3
. 4
4.4.5 Elements Within the Tenant Space 1 .
.2
4.5
Additional Criteria for the HK Apex The specific design criteria contained herein supplements and take precedent over the standards more generically described in the TDCPM. 4.5.1 Local Design Themes 1 . The specific theme for this area is to celebrate Chicago's Cityscape, Skyline and Icons. The base building interiors are
designed to provide a connection to this idea, through the use of flooring materials, display cases, image walls and ceiling lights. 4.5.2 Base Building Design Elements The CDA provides the following base building elements. 1 . . 2 3 . . 4 5 . . 6 Demising walls and caps. Lantern end cap light box display cases are provided at the demising caps of the in-line food court tenants. Common area terrazzo flooring complete with bronze icon inserts. Common area GWB and wood panel ceilings and bulkheads. (Food Court only) Common area lighting including the Food Court Tenant's signage track lighting Common area furnishings to the food court. Back-lit sign enclosure to the demising walls of in-line food court Premises. Tenant to provide Mylar sign image for insertion in CDA provided enclosure.
4.5.3 Design Control Zone A Design Control Zone has been established to control the following elements. 1 . .2 Lantern display case demising end caps may not be used by or altered by the Tenant in any way. In-line food court tenants shall have a counter height of 36" above the floor except as otherwise required by Barrier Free Regulations. In any event the counter height shall be 36" where the counter abuts the Lantern end cap demising wall display case. The Tenant, at its sole expense, shall carry the base building floor material from the Lease Line to it's Closure Line along Concourses H and K or, in the case of in-line food tenancies, to the counter line. The Tenant shall provide a continuous GWB bulkhead at Premises facing Concourses H or K to achieve a consistent transition from the 11'-6" ceiling height at the concourse storefront opening from the 9'-6" finished ceiling height available throughout the majority of the Premises' area. The bulkhead will conceal HVAC and other building services beneath the existing concrete slab. The profile and dimensions of the bulkhead may not be altered in any way. The Tenant will be permitted to apply its own finish to the bulkhead inside its Closure Line, provided such finish does not exceed the structural capacity of the bulkhead.
. 3
.4
The CDA will provide a panelized beech finished bulkhead at Premises facing the food court. This bulkhead extends approximately 6'-4" inside the Premises and may not be altered in any way except to mount signage as described below. 4.5.4 Storefronts The following criteria govern the design of the Tenant's storefront in addition to the general criteria established elsewhere in Section 4000. . 1 Solid wall portions of storefronts shall include a brushed stainless steel base and bumper guard to match the base building construction. Notwithstanding paragraph 4.3.2.4, in-line food court Premises shall use coiling type grille. Straight lattice curtain pattern with horizontal rods at 2" centers and vertical rods at 9" centers. #4 stainless steel finish. Motorized with lock keyed to CDA standard. Electric safety edge and interlock switch. Tray rails, if required at food court in-line Premises, may not encroach on the common area. The tray rail shall be a separate element and may not be an extension of the counter surface.
. 5
2 .
. 3
4.5.5 Food Court Kiosks The following criteria govern the design of the Tenant's freestanding kiosks in addition to the general criteria established elsewhere in Section 4000. . 1 Free standing kiosks shall comprise casework and/ or fixturing for product display not higher than 42" above the floor, except for food service equipment, if any, required for producing the goods. Under no circumstances may any element of the Tenant's design obstruct sight lines to departure gates or terminal signage from any point in the food court common area or concourse.
2 .
4.5.6 Signage The following criteria govern the design of the Tenant's signage in addition to the general criteria established elsewhere in Section 4000. 1 . Kiosk signage is restricted to one sign with a maximum blade dimension of 72" long x 12" high suspended from the ceiling on 1/4" brushed stainless steel pins. The top of the sign shall be 12" below the typical wood ceiling bulkhead. Food court in-line tenancies may use the base building overhead beech bulkhead for signage as follows. .1 Signage is limited to Tenant identification comprising individual letters and/ or logos pinned 2" off the face of the bulkhead with 1/4" diameter brushed stainless steel pins.
.2
.2 Letters and/ or logos may be a maximum 12" high x 2" thick. .3 Tenant identification may be repeated, but shall not have a total length exceeding V2 of the Premises frontage dimension. .4 The signage shall be externally illuminated only, using the track light fixture indicated on the base building drawings: . 3 Food court in-line Tenants shall provide Mylar image inserts for each of two backlit sign boxes. The sign may include a background image(s) relating to the Tenant's products, but may not contain any text other than the Tenant's name and/or logo. Premises fronting on the concourse shall have a single sign comprising the Tenant's name and/ or logo only, in individual letters, attached to a column blade sign. All other signage shall be within the actual storefront design and comply with the general sign criteria in Article 13 of this Section.
.4
5 5.1
Structural Core drilling and/ or cutting of floors and or walls may be required for tenancies needing plumbing and/or additional mechanical HVAC provisions. Under no circumstances shall the Tenant or its contractor(s), at any time be permitted to drill, or cut conduit, or pipe sleeves, or chases, or duct equipment openings in the floor, columns, walls or roofs of the structure without prior review and acceptance of the proposed locations and sizes by the CDA's structural consultant. The consultant's fees for these reviews are at the Tenant's expense. The CDA may, at its option, perform the work at the Tenant's expense. Tenant is required to x-ray the floor prior to beginning work and will provide a copy of x-ray results to CDA. Under no circumstances shall the Tenant, its employees, or its contractor(s) enter onto any roof or steel deck of the Building, or make any opening in the roof without the prior written approval of CDA. No roof-mounted antenna or satellite receiving dish antenna is permitted unless approved in writing by the CDA with respect to location and detail. The Tenant and its contractor(s) shall not impose a greater load on any concrete floor than the uniformly distributed design live load or point loads stipulated by the CDA. No unusual loads may be suspended from the underside of the roof structure without CDA's structural consultant's prior written approval. The consultant's fees for these reviews are at the Tenant's expense. No electrical wiring or conduit will be permitted through or under the main floor slab without written approval by the CDA. Heating, Ventilating and Air Conditioning Equipment
5.2
5.3
5.4
6.1
HVAC systems serving the Premises will be maintained and operated by CDA. Should the Tenant's design require additional capacities than those provided under CDA's Work, Tenant shall be responsible for providing supplemental HVAC at Tenant's expense. Tenant shall submit to CDA plans for approval. Work shall be carried out in accordance with Articles 7 and 8 of Section 2000 of this manual. Design criteria governing the CDA's equipment: 6.2.1 Inside Air Temperatures: ummer: Winter: +72F S +75F at 40 - 60%RH
6.2
6.2.2 Outdoor Air Temperatures: Winter -10 F Summer Summer +94F dry bulb +75F wet bulb
6.3
6.2.3 Fresh Air and Ventilation: Comply with City of Chicago building code requirements. Cooling equipment in the Tenant's space may be in the form of variable air volume terminals or fan coil units if required. Each will provide cooling for solar transmission, lighting, miscellaneous electrical and people loads. The Tenant shall provide a thermostat and do all control wiring, and power wiring (from the Tenant's electrical panel). Gas service is available at the Concourse H/K Apex food premises. Duct distribution in the Premises shall be designed and installed by the Tenant at its expense. Food service Tenants and restaurants shall provide all necessary kitchen exhaust ducts, exhaust hoods, make-up air and kitchen equipment in accordance with the License. All kitchen exhaust systems shall conform to the latest National fire Protection Association (NFPA) standards. Roof penetrations shall be done by the Tenant under CDA supervision. HVAC systems in the Tenant's space will be balanced by a certified air-balancing contractor under contract with the CDA, at the Tenant's expense. Supply air, return air and washroom exhaust distribution ductwork, ceiling diffusers, registers, grilles and ceiling fire stop flaps, smoke detector/pilot light, and any other equipment required by code and the CDA, within the Premises for the HVAC system, shall be carried out and connected to CDA systems by the Tenant at it's expense. Where required, complete make-up air systems shall be provided by the Tenant at its sole expense.
O'Hare International Airport and Midway International Airport Concessions Tenant Design and Construction Procedures Manual
6.4 6.5 6.6 6.7
6.8 6.9
Page 30 of 52
6.10 Where additional heating or cooling is required due to specific air-conditioning zoning (e.g., near exterior walls), the supply and installation of the required equipment shall be by the Tenant at the Tenant's expense. The method of conditioning the air shall be to CDA approval. 6.11 Acoustic criteria: Acceptable HVAC noise levels in the Premises shall be noise criteria (NC) 35-40. 6.12 The Tenant must provide the CDA access within its Premises to all damper controls on ducts supplying air to public areas and to the Premises. 6.13 The Tenant shall provide kitchen equipment exhaust within the Premises including water wash exhaust hood, related ductwork and fire suppression systems including tie in to base building systems and fire alarm system. Tie in to the CDA's systems shall be by the Tenant at its expense, under CDA supervision. All make up air units that will be located on the roof shall require FAA approval for crane lifting.
7
Plumbing
7.1.1 For new base building construction, services of adequate design capacity for completing water and sewage systems shall be brought by the CDA to the CDA's designated locations at the Premises for purposes of connection to the Tenant's facilities. The CDA shall provide capped and valved connections for cold water, sewer and vent lines to these locations. For existing spaces, installation and modification of services shall be brought by the Tenant to the required locations at the Premises for purposes of connection to the Tenant's facilities. Connection of services to CDA facilities and systems shall be done by the Tenant, at its cost, under CDA supervision. 7.2 The Tenant shall provide and pay for branch plumbing lines complete with plumbing fixtures and including grease interceptors, as required by the Tenant to serve its Premises. The Tenant shall provide and pay for installation of hot water heater or heaters complete with all related plumbing, mechanical and electrical. Gas fueled hot water heaters are not permitted. Tenants with drainage loads from food and beverage or related operations will be required to install grease interceptors which shall be mounted above the floor and within the Tenant's space. The Tenant will maintain grease interceptors at the Tenant's expense. All grease traps should be located per Building Department codes and located such that they are fully accessible for maintenance. All domestic water lines are to be insulated with a minimum of 1" fiberglass insulation and a vapor barrier.
7.3
7.4
7.5 7.6
7.7 7.8
All domestic water lines are to be insulated with a minimum of 1" fiberglass insulation and a vapor barrier. All copper piping shall be type 'K' or 'L'. All vent lines shall be DWV copper or cast iron. Plastic piping will not be permitted without approval by the Building Department for corrosive type discharge liquids. Water usage will be metered by the CDA. Water meters shall be supplied and installed by the Tenant at its expense, in an accessible location for billing purposes. Meter requirements shall be to CDA specifications.
7 . 9
7.10 The Tenant's hot water tank pan and relief valve shall be piped as per Building Department code to a floor drain. 7.11 Any additional plumbing through the structural floor slab shall be by the Tenant under CDA supervision. 7.12 All floor penetrations around pipes, conduits, ducts, etc. between levels must be sealed against water, smoke, and flame penetration using firestop materials listed by an accredited testing agency. 7.13 All plumbing vent lines are to be group vented to a point as determined by the CDA. 7.14 For those Tenants that are located in an open area without access to a ceiling space, the sanitary vent cap-off shall be located below the floor using an island vent system designed to meet the requirements of the City of Chicago building code. 7.15 "Y" clean outs and cast iron "P-traps" shall be supported, and shall be made accessible at all times. 7.16 Connections to base building domestic water lines shall be installed with exterior backflow prevention valves as required by the Department of Public Health (CDPH) and the applicable plumbing code. 7.17 All Tenant installed piping shall be color coded to match the base building systems
8
8.1
Sprinklers & Fire Protection

The CDA will provide and install sprinkler mains, branch lines and sprinkler heads in a grid layout to adequately cover undemised open areas only in areas where the base building code requirements make this necessary. Testing and installation of the Fire Alarm System in the Premises shall be by the Tenant under CDA supervision. Tenant required modifications to the base building sprinkler system shall upgrade all sprinkler heads and be performed by the Tenant's at its expense in accordance with Articles 7 and 8 of Section 2000 of this manual.
8.2 8.3
9 9.1
Electrical Power Service Electrical service will be provided at a designated concessions disconnect switch/breaker panel location. The Tenant is responsible for providing the meter. The metering of other Tenants is governed by the License. For Tenant spaces with rear exits leading directly to an exit corridor, and if required by code, the CDA shall provide one fire alarm pull station and exit light located at the rear exit door from the Premises that shall be connected to CDA's distribution and fire alarm system. The CDA will provide supervised access to the CDA's designated communication equipment room (CER) for installation of communication wiring by the Tenant. The following requirements shall be the responsibility of Tenant: 9.5.1 Connection to and/or relocation, (if required in the Premises) to distribution panel, and above ceiling conduits (if any), branch wiring and associated panel breakers, outlets, and receptacles. 9.5.2 The Tenant shall ensure that all wiring for lighting, power, fire alarm, telephone, data, television and low-tension systems within walls and ceiling plenums is installed in metal conduit. No exposed wiring is allowed. 9.5.3 Wiring for all washroom equipment in the Premises as required by the Tenant, including hot water heater, baseboard heater, and lighting. 9.5.4 Additional fire alarm EVAC speakers, breakglass pull stations and all associated testing and verification within the Tenant's space, if required by code. Fire alarm EVAC speakers, breakglass pull stations and other related fire alarm system work required by the Tenant must be carried out by the CDA's contractor at the Tenant's expense. 9.5.5 All materials shall be new, CSA approved or equivalent and shall be of a standard not less than the CDA's base building. 9.5.6 All wiring shall be copper. Branch wiring shall be minimum #12 gauge solid (stranded for #8 or larger). All wiring must be installed in conduit. BX cable may be used in ceiling for drops (maximum 3 meters) from the junction boxes to the light fixtures. Daisy chaining with BX wires between light fixtures is not permitted. 9.5.7 The Tenant must provide balanced electrical load in all three phases of the distribution system to within 5%. 9.5.8 Exhaust fans and make-up air units if required by the Tenant must be interlocked and interfaced with the base building fire alarm system by CDA's contractor under contract with Tenant, at the Tenant's expense. 9.5.9 All life safety devices within the Premises to be in accordance with code. 9.5.10 All equipment and light fixtures shall be energy efficient.
9.3
9.4 9.5
10
Lighting Criteria
10.1 A variety of Tenant types are created by the merchandising mix, therefore a multiplicity of lighting designs to suit various uses may be employed. 10.2 In order to keep the Tenants' electrical and AC loads within their allowable loads, Tenants are encouraged to use low voltage lighting and other energy efficient fixtures. 10.3 Stores with merchandise display, either freestanding or in a display window shall observe and/ or incorporate the following: 10.3.1 Within the Premises, if floor lamps are used, Tenant must shield these fixtures with a baffle designed to shield the lamps from the Concourse at an eye level height of 5'-6", unless otherwise approved by the CDA. The CDA reserves the right to adjust such baffles after installation is complete. 10.3.2 For other merchandising uses, such as cafes, bars and/or other uses that require a specific mood type lighting to create the desired atmosphere, approval of the design concept and fixtures must be obtained from the CDA. 10.3.3 Where tenancies are open to above, low voltage lighting will be required. 10.3.4 Architectural neon may be permitted within the Premises subject to the CDA's approval. Exposed neon tubing shall be kept off the floor to a minimum of 8'-0," or otherwise out of reach of the general public. 10.4 The following types of lighting will not be accepted as part of any Tenant's design for the Premises. 10.4.1 Fluorescent lighting within the storefront. 10.4.2 Exposed tube fluorescent or H.I.D. lamps in any other public or retail area. 10.4.3 Incandescent lighting except as per paragraph 10.3.3 above. 10.4.4 Sodium or mercury vapor lamps of any type. 10.5 Tenant lighting may be installed inside the Premises only, except for signage lighting as approved by the CDA. 10.6 The Tenant shall be responsible for the installation and connection of all exit lights in accordance with code requirements. All exit lights shall match the building standard specification. 10.7 Except as indicated above, the Tenant shall provide: 10.7.1 All lighting fixtures, lamps and related equipment. 10.7.2 All emergency lighting and additional exit lights required by the Tenant's design. 11 Acoustics
11.1 In-line stores having loudspeakers for the purpose of providing quiet background music for their patrons' enjoyment shall take precautions to ensure that any sound or vibration is not transmitted to adjoining tenancies, including those above or below. Acoustic baffling may be required in partitions and ceiling, or the speakers themselves will have to be housed in sound-attenuating enclosures. Loudspeaker systems shall not interfere with building public safety public address announcements. Sound systems are not permitted at kiosk locations. 11.2 Locations and output directions of loudspeakers located within Tenant's premises shall be shown on the Tenant's drawings. Sound systems are not allowed at kiosk locations. 11.3 Tenancies that generate loud noises shall provide, at their expense, acoustic insulation full height in all demising walls to the roof deck above with a rated construction of STC 55 or better. 11.4 All Tenant sound systems shall be interlocked with the base building fire alarm system to terminate operation upon a signal from the fire alarm. Work to be carried out by the CDA's forces at the Tenants expense.
12
Exhaust and Odors
12.1 The location of any exhaust system shall be subject to CDA approval. 12.2 Objectionable odors will be exhausted in such a manner as to prevent their release into the Building, or short circuiting into any fresh air vents. 12.3 Food service Tenants and restaurants shall provide all necessary kitchen exhaust ducts, exhaust hoods, make-up air and kitchen equipment in accordance with the Lease. All kitchen exhaust systems shall conform to the latest NFPA standards. Roof penetrations shall be done by the Tenant under CDA supervision. 12.4 Where exhaust is required by the Tenant, additional make-up air, if required, shall be provided by the Tenant at the Tenant's expense. 12.5 There will be no exhausting permitted from the freestanding island kiosks. 12.6 Tenant's air handling equipment may not, under any circumstances, exhaust air into the building's interior space and may not draw air from the building's environment.
13
Tenant Signage Criteria
13.1 Tenants shall have identification signs designed in a manner compatible with and complementary to adjacent and facing storefronts and the overall design concept of the terminal. Tenants are encouraged to have signs designed as an integral part of the storefront design with letter size and location appropriately scaled and proportioned to the overall storefront design. The CDA has developed a wall bracket mounted blade sign design which shall be used in addition to other CDA
approved Tenant signage. All store identification designs and following elements shall be subject to the CDA's approval. 13.2 All signs and logos must conform to the CDA's Design Criteria and shall receive written approval from the CDA prior to fabrication and City of Chicago Signage permits prior to installation. 13.3 Any non-illuminated signs proposed for the Tenant's storefront must be of a high quality. Formed plastic letters and simple painted signs will not be allowed. 13.4 The Tenant is to use non-illuminated graphics on any glass or solid panels in gold leaf, pressure sensitive vinyl or other method subject to the CDA's approval. 13.5 No exposed conduit, tubing, raceways, ballasts, transformers or other equipment shall be permitted. 13.6 Any Tenant having a corner storefront, with one or more elevations, may request incorporation of one main sign per elevation. 13.7 Signage on the exterior of the Building will not be allowed. 13.8 Labels or other identification (including sign manufacturer's label) are not permitted on the exposed surface of signs, except those required by code. Such labels or other identification shall be in an inconspicuous location. 13.9 Edge or back lighted translucent signs shall not produce a visible brightness/luminance, which exceeds 200 footlamberts. 13.10 Illuminated letters (channel letters, neon, etc.) shall not produce a visible brightness/luminance which exceeds 250 footlamberts.
13.11 The Tenant must provide access from within Premises for the servicing of sign
components (except for the blade sign). 13.12 The installation of all Tenant storefront signs shall be conducted in accordance with the CDA's sign criteria, whether during initial store construction or as a sign replacement during the term of the License. 13.13 Electrical service for lighting associated with Tenants signs shall come from the Tenant's electrical panel. 13.14 Illuminated or non-illuminated signs comprising the main Tenant signage are limited to the following types. Text is limited to individual letters only: 13.14.1 Plastic face, metal return. 13.14.2 Metal face, metal return with raised or etched letters and/ or logo. 13.14.3 Glass: Painted, silk-screened, etched to surface of glass Raised of etched letters and/or logo applied to glass-metallic finish (i.e. brass bronze, copper, stainless steel)
Raised or etched letters and/ or logo applied to glass solid color letters (i.e., lacquered) 13.14.4 Metal channel with back lighting. 13.14.5 Engraved or etched in approved stone. 13.14.6 Wood carved, routered, laser cut, painted with raised or etched letters and/ or logo. 13.14.7 Artisan's plaque (bronze, copper, stainless steel, wood with CDA approved finish). 13.15 Permanent signs of any type or registered trademark other than those owned by the Tenant will not be permitted on the Tenant's storefront. 13.16 Decals for credit cards and hours of operation are permitted, provided the area occupied by the decals does not exceed a single location of 12" x 12" as designated on the final design submission. 13.17 "Box" signs or "suitcase" signs are not permitted. 13.18 Moving signs or moving lights shall not be permitted. No advertising slogans shall be permitted. The CDA reserves the right to require the removal of any store advertising, displays, or decorating that in its sole opinion is offensive, distasteful, or in any way in conflict with the best interest of the terminal environment or the Lease. 13.19 Freestanding "lollipop" signs are not permitted outside of the lease area without the written authorization of the CDA. 13.20 Permitted Locations: 13.20.1 Within the storefront opening and behind the lease line. 13.20.2 Blade sign by Tenant on an armature by CDA. Blade signage shall be limited to one location on the storefront except as follows: Any Tenant having a corner storefront, with one or more elevations, may request incorporation of one blade sign per elevation. Any Tenant whose storefront occupies 3 or more structural bays may have an additional blade sign in every second bay. (i.e. 3rd, 5th, 7th, etc.)
13.20.3 On the bulkhead in specific designated locations. 13.21 Blade Sign Design Criteria: 13.21.1 Blade signs must conform to the sign criteria previously set out in article 13 of this Section.
13.21.2 Signs shall be secured to the common armature designed for the terminal.
13.21.3
Sign blades must be professionally designed and fabricated. Design shall be complete prior to tender. Design-build signage arrangements will not be accepted.
1 4
Menu Board Criteria (Food and Beverage Units)
14.1 All menu boards must be professionally designed and fabricated, and subject to the CDA's prior approval. The CDA encourages the display of ready to serve foods at the serving counter. Under no circumstances will the Tenant be permitted to display other signs, advertising or displays such as are often made available from food or beverage suppliers. Advertisements for the beverage companies shall not be incorporated into the menu boards. Any intended food and beverage advertising for the Tenant's suppliers must be approved in writing by the CDA. 14.2 Menu boards shall be externally illuminated. Backlit or internally illuminated menu boards will not be permitted except for photographs of food items and/or digital electronic signs. 14.3 All permanent information must be painted, silk-screened, etched, or applied to: Metal - neutral, painted or anodized. Wood - natural or painted. Plastic laminate.
Glass - clear, translucent or painted. 14.4 Changeable information may be displayed using chalk boards, professionally produced vinyl, die-cut numerals or letters, etc. 14.5 Changeable Menu Boards available through food and beverage advertising product suppliers are prohibited and may not be used. 14.6 Menu Board selections and detailing will be reviewed by the CDA on an individual basis. 14.7 The Tenant must submit Menu Board design for the CDA review and approval. 1 5 Waste Handling
15.1.1 Garbage compaction and/or refrigeration equipment must be installed in the Premises by the Tenant if perishable items are handled or if required by applicable governing laws, codes, and/or regulations. 15.2 Tenants in Terminal 1 are required to allow for the standard trash container used by CDA Waste Management. Final design submissions must indicate the location of, and access to, the container, within the leased area.
16
Seismic Restraint
The Tenant shall be responsible for the store design to conform to the seismic restraint requirements in the latest applicable building codes and shall suitably restrain all architectural, electrical and mechanical components in accordance with such regulations.
SECTION 5000 BARRIER FREE DESIGN REQUIREMENTS

1 1 . 1 General As a part of this manual, standards for barrier free design have been included. It will be every Tenant's responsibility to ensure that its store designs conform to current code requirements for barrier free access as laid out in the Chicago Building Code, Chicago Municipal Code, the American Disabilities Act and the Illinois Accessibility Code. This section in no way is meant to replace applicable barrier free codes and/or legislation and if there is a conflict, the more stringent requirement should be followed. The CDA has made a commitment to persons with disabilities. The design and construction of the Tenant's installation and fit-out, including communications services, choice of finishes, furniture selection, as well as the overall management approach will be reviewed specifically to ensure that people with disabilities will have full use of facilities. More than just a social commitment, the CDA has recognized that as our society ages and as people with disabilities become more and more integrated into the activities of normal daily living, facilities such as this terminal will need to support people of all abilities as a practical reality. Accessible design will also allow the Tenants to benefit from an increase in the number of special needs travelers. By example, more than 80% of the vacationtraveling public are older adults that will benefit from a barrier free approach and one of six people in North America has a disability. The CDA recognizes that persons with disabilities represent a rapidly growing and largely untapped market force in our economy and that they will play a large part in the activities at the terminal. The CDA intends to promote the accessibility aspects of its facilities, and encourage persons with disabilities to use its services; maintaining good access for persons with disabilities within each Premise is required. Following are guidelines for providing a barrier free environment in your Premises. Tenant Access Recommendations Retail Areas 2.1.1 Power doors, or at least low resistance doors where doors are used. 2.1.2 Minimum aisle widths should be 36", and aisles kept clear of displays. 2.1.3 Displays should be generally kept at eye level. 2.1.4 Counters shall have low sections or cutouts to accommodate wheelchair users, on both the public side and the working or operating side. 2.1.5 Informational signage should be high contrast lettering generally mounted at eye level.
1.2
1.3
2 2.1
2.1.6 Floor surfaces should be slip resistance. 2.2 Lounges 2.2.1 Bars should have lowered section for wheelchair users and/or people unable to use high stools. 2.2.2 Small tables need a minimum clearance of 30" under the table and a diameter of approximately 24" to be accessible to persons with disabilities. 2.1.7 Disability Awareness Training is recommended for lounge servers and greeters. 2.3 Restaurants/Lounges Specific recommendations will depend on the exact nature of the restaurant and its decor. However what follow are basic "rules of thumb" for restaurant design as it relates to persons with disabilities: 2.3.1 Menus (approximately five) are to be provided in alternate formats: large print, Braille and/or audiotape, for persons with low vision or blindness. Where possible, wall mounted menu boards should be at a convenient height for wheelchair users and be well lit with spot lights from track lighting or lit from behind. 2.3.2 Seating for persons with disabilities should be dispersed throughout the restaurant. Fixed seating such as booths are generally difficult for people with poor mobility, older adults and are inaccessible for wheelchair users. If booths are integral to the design concept, additional moveable seating shall be incorporated, as well as wider aisles to allow wheelchair users and persons using the seating to sit at the table. 2.3.3 Clear, well-lit directional signage (indicating washrooms, etc.) shall be placed at the entrance. 2.3.4 Chairs should be light and easy to reposition; 2.3.5 Seat height should be 18" from the floor, approximately 17" deep x 17" wide, and some chairs should have armrests. 2.3.6 Supports or cross bracing may not interfere with kickspace under the chair. 2.3.7 An aisle width of 36" minimum needs to be maintained to allow wheelchair access. 2.3.8 To accommodate wheelchairs, a minimum clearance of 30" under tables and 30" between legs is important. Tabletops should be a minimum 36" x 30", with any sharp square corners rounded off. 2.3.9 Corner legs on tables are preferred, however if round tables with center posts are used for dining, the minimum diameter of these tables should be 48". 2.3.10 In consideration of older adults and others with limited strength and/or poor dexterity, tableware and accessories should be selected that is easy to use, or be available on request, e.g. flatware with larger diameter handles, four
pronged forks - not three prong, glasses and cups should have broad stable bases, glasses with pattern or texture are easier to grip, etc. 2.3.11 Drinking straws should be available on request. 2.3.12 Pre-packaged condiments are difficult for people with poor dexterity. Alternatives should be available on request. 2.3.13 To serve wheelchair users, people with walkers, or people with balance and/or agility difficulties, self serve areas require a counter for trays that is 33" from the floor, 30" wide, provides knee space under the counter and be continuous from entrance to cashier. 2.3.14 To be within reach for wheelchair users, people with limited range of motion and others, food on shelves should be no higher than 54", and placed no further than 20" from edge of the counter. Duplicate items may be placed to suit designer's choice. 2.3.15 Disability Awareness Training is recommended for restaurant servers and greeters.
SECTION 6000 CONSTRUCTION REGULATIONS
Pre-construction Requirements
Following the design approval process there are several mandatory requirements prior to commencement of construction. These requirements are listed below.
1.1
Pre-Construction Meeting A pre-construction meeting must be scheduled through CDA or its designated representative. Those present at this meeting should be the Tenant, the Tenant's contractor and job site superintendent, CDA staff and/or its designated representatives, and the airline representative. Airport procedures, rules and regulations for construction will be reviewed. In addition, any logistical items will be reviewed (security, delivery, trash removal, etc.) The 24 hour phone or pager numbers of the Tenant's representatives shall be provided to CDA. A joint inspection of the premises will form part of this meeting. The following submissions shall be made at the pre-construction meeting; 1.1.1 One copy of the applicable City of Chicago Building Permit. 1.1.2 One copy of the approved drawings, stamped by the City of Chicago, Department of Buildings. 1.1.3 Two copies of Insurance Certificates in compliance with the requirements of the Lease. An insurance certificate must be submitted for each space with the space noted on the certificate. Additional insureds include the Tenant and any of its representatives, the City of Chicago Department of Aviation, Commissioner Rosemarie Andolino, and other representatives or consultants as required by specific projects. 1.1.4 A list of proposed subcontractors, indicating those firms which are a Minority Business Enterprises ("MBE") and Women Business Enterprises ("WBE") and the sub-contract amounts. 1.1.5 A copy of OSHA 30 hour certification and CPR certification. 1.1.6 A construction schedule and plan that includes all activities required to complete the work. The submission shall include plans for any special provisions required to protect existing conditions and to coordinate the work with CDA and/or its designated representatives, airlines, tenants, or other contractors performing work at the airport. If the CDA and/or its representative identify any problems with regards to the schedule or construction plan, they will notify the Tenant. Failure to notify the Tenant of a potential scheduling or operations problem does not relieve the Tenant and its contractor of their responsibility. It is the Tenant's
1.2
responsibility to notify the CDA and/or its designated representatives of any change in this schedule. Identification Badging Contractor's badges will be valid only for the duration of the assigned project. All construction personnel must either be badged or accompanied by someone with escort privileges. The only people with escort privileges are those with green badges with an "E" designator, and those with blue badges. No one is allowed on the airfield at any time unless wearing the proper green badge or accompanied by a person with escort privileges. Requests for escort privileges are processed and approved by the ID Badging Office based on TSA guidelines and regulations and City ordinances and regulations. Escort privileges are granted only to those who must bring unbadged personnel or vendors to a secured area in order to conduct company business. Individuals performing escort duties must remain in close proximity to the person being escorted. An individual performing escort duties may not escort more people than he or she can continuously control, monitor, and respond to while maintaining direct oral communications. Any persons issued, but not in physical possession of their badges, shall not under any circumstances be escorted into any portion of a secured area. Construction personnel working between 10 p.m. and 5 a.m. must either be badged or be accompanied by someone with a badge at all times. No one is allowed on the airfield at any time unless wearing the proper green badge or accompanied by a green badged person at all times. The procedures for ID Badging concessionaires' contractors are as follows: 1.2.1 Intentionally deleted. 1.2.2 The contractor company must complete the Employer Information and Authorization form. This form must be signed by a president, owner, or senior executive officer of the company and will authorize an individual(s) to sign all employee badge forms as the company signatory. 1.2.3 The contractor company will assign a signatory to be responsible for all regulations that link their company and the ID Badging and Access Control System. This person(s) will be designated to represent the company in all matters pertaining to ID Badging and access control, including signing the ID Badge applications. 1.2.4 Construction personnel requiring a badge must complete an Access Control and Photo ID Badge Application, which is approved by the authorized signatory along with supporting documentation proving citizenship or alien residence for approval. 1.2.5 Once the Access Control Photo ID Badge Application is complete and appropriately signed, the contractor's designated signatory or manager must fax the four-page document to the ID Badging Office to obtain a badge number. If the employee was ever issued an Airport ID badge, the signatory
may ask the ID Badging Office to reassign that employee's previous badge number to the employee. If the employee was recently badged and his or her badge was terminated less than 30 days previously or if he or she is badged at Midway Airport, the employee does not need to be fingerprinted. 1.2.6 Based on an evaluation of the application and the results of a fingerprintbased Criminal History Records Check and Security Threat Assessment by TSA, the ID Badging Office will decide whether to issue a badge. 1.2.7 After the contractor receives notice that an employee may obtain a badge, the employee may then report to the ID Badging Office to receive his or her badge. 1.2.8 If an individual will be driving on the airfield, a driving test will be required. To apply for authorization of a vehicle allowing access to the airfield, complete the Concessionaire Vehicle Access Form - AIRFIELD. The liability insurance requirements for airfield access is $5,000,000. 1.2.9 Upon termination of an employee, the contractor will be responsible for completing the required termination paperwork and collecting and returning the ID badges to the Compliance Office. The contractor must make every effort to collect the badge, complete the required termination forms, and submit the paperwork and badge to the Compliance Division of ID Badging within 24 hours of termination of the employee. Please note that the City may impose substantial fines on a contractor if badges are not promptly returned. These fines increase daily, as each day that a badge is not returned is considered a separate violation. 1. 3 Notice To Airport Users Form Complete User Form (see Exhibit F), including an attached barricade sketch, if required. This form must be submitted to the CDA Chief Engineer, one week prior to commencement of the work. The signed document must be submitted to CDA before noon on Thursdays for review and approval. CDA will notify the contractor of approval or disapproval. 1.4 Safety required documents Minimum of 3 years verifiable construction project safety experience. OSHA 30 Hour Course Certification. Current First Aid / CPR Certification. Onsite 100 % of time when work is in progress. 2nd Shift means at least two Safety Representatives. This includes weekend work. Safety Representative "Credentials" are to be submitted for review prior to the start of the job.
2 2.1
Construction Rules and Regulations General 2.1.1 All work at the Airport shall be performed by skilled workers using new material, to the highest standards of construction practice. All workmanship by the Tenant shall be to the satisfaction of the CDA. 2.1.2 The CDA will make available to the Tenant, at designated locations construction electrical power, water and sanitary facilities. 2.1.3 The Tenant will have access to the Concourse during the construction period only as specifically identified on the Tenant's proposed materials handling plan, as agreed by the CDA. Deliveries of materials are restricted to the hours of 10:00 p.m. to 5:00 a.m. Materials shall not be stored outside the limits of the Tenants Temporary Construction Barricade. Refer to paragraph 2.9 of this Section. 2.1.4 Access arrangements for the delivery of construction and other building materials must be approved and coordinated with the CDA's base building contractor and /or Tenant Manager. 2.1.5 All construction projects in the terminals must be physically screened from the public at all times. See Exhibit C for specifications on barricade wall and signage. If there is existing storefront at a space and a temporary barricade is not required, the tenant may propose a method of screening public view to the space which is acceptable to the CDA. 2.1.6 Airport rules and regulations are established to promote safe and timely completed projects with minimal disruption to airport operations. In the interest of the airport the CDA reserves the right, at its sole discretion, to modify, delete, add or alter these procedures and requirements as needed from time to time.
2.2
Labor Affiliations Tenants shall confirm the current Airport labor agreement requirements with the CDA during the design phase and arrange all construction contracts to be compatible.
2.3
Hours of Construction Unless directed otherwise construction activities must take place between 10:00 p.m. and 5:00 a.m. Depending on the specific circumstances, some activities may take place during regular working hours at the CDA's sole discretion. Such specific construction activities will be reviewed during the pre-construction meeting. Generally, work that must be done at night includes work involving noise and odor, deliveries and debris removal, system shut downs, and any other work which may affect the public and normal hour airport operations. The Tenant is expected to be responsible for coordinating activities which may affect others operating at the airport. In the event that special airport staff are required for a
2.4
tenant activity such as security, supervision, etc., the contractor may be required to pay for these costs. Security Regulations The Tenant and its contractors are solely responsible for the security of the worksite. CDA is not responsible for damage to the contractors work or loss of property. It is imperative that all airport security rules and regulations be adhered to. The construction company may be required to pay for CDA security personnel if doors are left open during deliveries or debris removal. All construction personnel requiring access to the airfield must be properly badged.
2.5
Project Health and Safety 2.5.1 The Tenant and its contractors have sole and complete responsibility for safety on the project. The Tenant shall designate a Safety Representative during the entire construction period whose responsibilities are limited to safety related functions. Responsibilities are to be solely limited to safety related functions but with prior CDA Safety approval dual roles such as Safety Representative and Supervisor are allowed to exist. The Tenant and its contractors shall comply with all health and safety requirements or standards in effect under the Federal, OSHA, State of Illinois, City of Chicago, and Airport Standards and as set forth in the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two. For more detail on Contractor Responsibilities, refer to Exhibit M of this document. 2.5.2 Fire protection shall comply with all fire regulations in effect under Federal, OSHA, EPA, State of Illinois, City of Chicago, and Airport Standards. 2.5.3 The Tenant and contractors shall, at all times, conduct the work in such a manner as to insure the least obstruction to the public, including vehicular and pedestrian traffic. If the CDA or its designated representative determines that any type of operation constitutes a nuisance, the contractor shall, immediately proceed to conduct is operations in an approved manner. Contingent on CDA approval, if a contractor causes any part of a street to be obstructed or closed to traffic, the contractor shall provide, erect, and maintain at its own cost and expense all of the approved barricades, signs, lights, and reflectors necessary to provide safe and convenient public travel. The contractor shall also provide, at its expense, any flagmen that may be required for warning and directing traffic. The CDA may at any time require additional provisions if such are deemed necessary for public safety or convenience. The contractor will be held responsible for all damage or injury, even though barricades, signs, lights, reflectors and flagmen are furnished as herein specified.
2.6
Elevator Usage The use of elevators shall be coordinated with CDA and the airlines. The Tenant and/or its contractors shall not utilize elevators unless specific approval has been
authorized. During any approved use of elevators the tenant and its contractors must provide proper protection of all surfaces and elements within the elevators. Any damage done will be repaired at the Tenant's expense. 27 . Monitoring of Construction Projects The CDA staff and its designated representative will monitor the construction project on a regular basis. They shall have the right to inspect the contractor's work during normal working hours or at any other time deemed necessary. The Tenant and its contractors will be required to attend a weekly progress meeting with the CDA or its designated representative. Included in the progress meeting is a review of the schedule, plans and specifications being used in the project, coordination with CDA or airlines, and any other issues which must be resolved, including issues which may have an impact on airport maintenance and/or operations. 2.8 Construction Site Maintenance All construction sites must be kept in a broom clean and organized manner at all times. At no time may materials be stored in the public areas. All surfaces must be free of dust and dirt at all times. Debris must be kept within the construction site, removed on a timely basis and legally disposed of as set forth by Federal, Environmental Protection Agency, City and State standards and/or ordinances. Under no circumstances will any dumping be allowed on Airport property. 2.9 Delivery of Materials/ Debris Removal All deliveries and debris removal are the responsibility of the contractor and must be coordinated with CDA and the airlines. Typically, these activities occur during the night hours from 10 p.m. to 5 a.m. and may require the contractor to work with the CDA to provide security for these tasks. Airport dumpsters may not be used for trash/debris disposal. At its sole discretion, the CDA may allow dumpsters to be placed near the construction site on the airfield in assigned areas. With prior CDA agreement dumpsters may be placed on the roadfront during the hours of 11:00 p.m. through 4:30 a.m. only. These issues shall be reviewed at the pre-construction meeting. If wheeled carts are utilized, they must be of the rubber wheeled type. All debris removal must be legally disposed of as set forth by Federal, Environmental Protection Agency, City and State standards and/or ordinances. Under no circumstances will any dumping be allowed on Airport property. 2.10 Project Coordination It is the express obligation and duty of the Tenant to coordinate its contractors through cooperating and communicating with any CDA staff and/or its designated representatives, airlines, tenants, or other contractors performing work at the airport. The Tenant and its contractors shall not impede, hinder, or delay any of the aforementioned parties in the performance of their work and shall remain
solely and exclusively responsible for any damages or costs incurred as a result of any hindrance or delay. 2.11 Parking for Construction Workers There is no special parking available for construction workers. Parking is available in any of the airport parking lots at the published rates. Vehicles with airfield access may only park in areas on the airfield as assigned during the preconstruction meeting. 2.12 Storage of Materials All materials must be stored within the construction site or in areas prescribed at the pre-construction meeting. The Tenant and its contractors are responsible to ensure all materials are properly packed and shipped so as to prevent any injuries to persons and prevent any damage occurring to existing surfaces, elements and structures either while in transit or held in storage. Upon completion of the work, storage sites and working areas shall be cleaned and restored to their original condition by the Tenant and its contractors at their own expense. Unless specifically authorized, materials shall not be held or stored outside the construction site, for example in corridors, public areas or areas being used by others. No hazardous materials may be stored on site. 2.13 Protection of Existing Conditions It is the responsibility of the Tenant and its contractors to take all precautions to provide proper protection of all existing conditions. The Tenant and its contractors shall pay for any and all damages incurred as a result of their work. If the Tenant and/or its contractors' operations cause any damage, interference, or inconvenience to work being carried out under any other contract, the Tenant and/or its contractors shall restore, replace, rectify, or otherwise make good any damage to the satisfaction of the CDA and/or its designated representatives. If the Tenant or its contractors fail to comply with this provision, the work will be done by others at the expense of the Tenant. If, due to the nature of a repair, the CDA determines a specific entity must complete the work in order to match the existing, the CDA shall so designate this requirement and the method to complete the work. 2.14 Compliance with Environmental Laws The Tenant shall at all times observe and comply, and shall cause its consultants, contractors and subcontractors to observe and comply with all laws relating to environmental matters as set forth in the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two. More specifically, compliance shall be as set forth including, but not limited to, the General Conditions, Part Two, Article XIV, Paragraphs C, Compliance with Environmental Laws, D, Environmental Permits, E, Disposal of Materials, Construction Debris, Soil and Waste, F, Equipment and Environmental Control During Transport, G, Environmental Records and Reports, H, Ultimate Disposal Site, and I, Open Dumping Prohibited.
2.15 Compliance with all laws
The Tenant shall at all times observe and comply, and shall cause its consultants, contractors and subcontractors to observe and comply with all applicable federal, state, and local laws, ordinances, rules, regulations, executive and administrative orders, now existing or hereinafter in effect, which may in any manner affect the performance of the contract, and as set forth in the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two. Provision(s) required by law, ordinance, rules, regulations, or executive orders to be inserted in this Manual shall be deemed inserted, whether or not they appear in this Manual, or, upon application by either party, this Manual shall forthwith be physically amended to physically make such insertion; however, in no event shall the failure to insert such provision(s) prevent the enforcement of such provision(s) or this contract. 2.16 Welding No welding, flame cutting, or other operations involving the use of flame, arcs, or sparking devices will be allowed without adequate protection, subject to prior approval by CDA or its designated representative. The contractor obtains approval through the normal Notice to User form process as described below in Paragraph 2.17. In addition, the contractor is required to attach a completed welding form (see Exhibit H, Hot Work Permit), to the Notice to Users form. All combustible or flammable material shall be removed from immediate working area prior to welding. If removal is impossible, all flammable or combustible materials shall be protected with a fire blanket or suitable non-combustible shield to prevent sparks, flames or hot metal from reaching flammable or combustible materials. The contractor shall provide necessary personnel and equipment to control incipient fires resulting from welding, flame cutting, or other sources involving use of flame, arcs, or sparking devices. All welders must be certified within the last eighteen months. The contractor is responsible to obtain any special permits required. The Tenant and its contractors shall comply with all health and safety requirements or standards in effect under the Federal, OSHA, State of Illinois, City of Chicago, Airport Standards, Factory Mutual Engineering Hot Work Permit, and as set forth in the latest edition of the City of Chicago, Department of Aviation, General Conditions, Part Two. 2.17 Roof Work All Tenant work involving the roof, including openings through the roof and mounting equipment upon the roof, shall first have the written approval of the CDA. All work shall be performed by the Tenant at its expense under CDA supervision. All rooftop equipment shall be painted to match the color of the CDA's equipment. 2.18 Notice to Users Forms During the construction or remodeling period, when the contractor plans to schedule any delivery, debris removal, or any other construction activity that may affect normal operations of the CDA, airlines, adjacent tenants, or the public, the
contractor must submit a Notice to User form. This is the same form as described above (Exhibit F) and must be completed and submitted to the CDA representative. If a major delivery is scheduled and the delivery truck must park on the roadfront, a sketch should be attached indicating the proposed location of the truck. The size and weight of the truck should be included on the form. This same type of information is required to request parking a dumpster. If a mechanical, electrical or other system must be shut down to coordinate the tenant's work, the contractor should review the work with the CDA building engineer for the specific terminal or concourse. In addition, the work must be reviewed by the airline representative of the affected area, and that airline representative must sign the Notice to User form. As stated above, these forms will be reviewed weekly. CDA will notify the contractor of approval or disapproval. CDA will contact the contractor to pick up a copy of the approved User form which should be available during the work for proof of authorization. 2.19 Plan Modifications Once the CDA issues a final contract document approval, any change must be submitted in writing to the CDA or its designated representative for approval prior to proceeding with the change. This documentation must explain the reason for the requested change and be supported by adequate and appropriate information or drawings, as required. The Tenant should allow 10 days for a response from the CDA. Direction by the City of Chicago, Department of Buildings to make a change in the drawings does not constitute approval by CDA. It is the Tenant's responsibility to notify and obtain CDA's approval or concurrence with any such directives or changes. If changes are made without CDA approval, the Tenant may be required at its own expense to modify the work o conform to the approved drawings. If these modifications are not completed, they will be subject to correction through the Punch List process. 2.20 Project Close out Requirements 2.20.1 When the Tenant determines that the space is substantially complete and ready for an inspection, the Tenant shall notify the CDA or its designated representative in writing, a minimum of 48 hours prior to the requested inspection. Such request shall be accompanied by the mandatory submissions outlined in Article 4, Section 2000 of this manual. The CDA or its designated representative will schedule the inspection with all appropriate CDA and airline staff, will review the improvements, and will prepare a Punch List of deficiencies. 2.20.2 If the CDA determines that the space is substantially complete and may open, a verbal approval is given that day to the Tenant. Punch List items which are prerequisites to opening the store shall be completed and reviewed again with the CDA representative prior to opening. Failure to complete these items prior to opening will cause the premises to be closed until the remedial work is completed to the satisfaction of the CDA in its sole discretion.
2.20.3 Following the inspection, a "Draft" of the Punch List will be issued to CDA, airlines, and the Tenant. Following the review of the "Draft" by all parties, the corrected Punch List will be issued with a written authorization to open the store. 2.20.4 When the Tenant has completed all Punch List items, the Tenant shall request a reinspection of the space. The CDA or its designated representative shall schedule this reinspection. 2.20.5 The Tenant is required to complete all items on the Punch List within 30 days. The Punch List is deemed to include all items described by Article 3.5, Section 3000 of this manual, whether listed or not. If the Tenant, its consultants or contractors fail to complete Punch List items within 30 days, the Tenant shall be subject to a penalty in the amount of $200 for each incomplete Punch List item, per day. If all Punch List items are not completed within 60 days of opening, the CDA reserves the right, at its sole discretion, to either; Complete the work at its cost and back charge the Tenant, or Close the Premises until all outstanding items are completed.
Exhibit 9
City of Chicago
Mayor Richard M. Daley
Executive Director Rosemarie S. Andolino
OHare Modernization Program
SUSTAINABLE DESIGN MANUAL

December 2003
2003 City of Chicago
City of Chicago OHare Modernization Program
Sustainable Design Manual
Richard M. Daley Mayor, City of Chicago
Rosemarie S. Andolino Executive Director, OHare Modernization Program
December 2003
December 2003
OMP Sustainable Design Manual - Page 3 of 84
Contributors
OHare Modernization Program Rosemarie Andolino Chris Arman Paul Spieles Mike Hanlon (Airline Representatives) Ted Woosley (Landrum & Brown) Ralph Iovinelli (Landrum & Brown) Sara Hassert (Landrum & Brown) Gene Peters (Ricondo & Associates) Alice Hoffman (Hoffman Management Partners) Elliott Black (Hoffman Management Partners) Ross Anderson (BPC) Larry Martin (BPC) Julie Coulter (BPC) Tom Rossbach (OHare Partners) Habib Husain (OHare Partners) Neil Parikh (OHare Partners) Joe Dote (AOR) Ray Gooding (AOR) Ron Marsh (AOR) Alan Dadian
Office of the Mayor Joe Deal Sadhu Johnston Chicago Department of Aviation Kitty Friedheim Jim Considine Ray Carroll Chicago Department of Environment David Reynolds Steve Walter Bethany Wezeman Kelly Kennoy Erin Daughton Chicago Department of Planning & Development Michael Berkshire Chicago Department of Water Management George Malkos Sid Osakada Chicago Department of General Services John Albrecht OWP/P Dan Sullivan Arnis Kakulis Bill Kosik Tom Clune Rand Ekman Leslie North Erik Olsen Wight and Company Lois Vitt Sale Carolyn Howard John Karlovitz David A. Kendall
December 2003
Message from Executive Director Rosemarie S. Andolino

The O'Hare Modernization Program will reconfigure O'Hare's current intersecting airfield layout into a more modern, parallel configuration. This will substantially reduce delays and increase capacity at the airport. The O'Hare Modernization Program will also maintain O'Hare as the economic engine of our region and state by creating an additional 195,000 jobs and generating an additional $18 billion in economic activity each year. O'Hare already generates 450,000 jobs and $38 billion in economic activity for the region and state. The development of the OHare Modernization Program (OMP) Sustainable Design Manual was an extremely successful collaborative effort between OMP staff, other City Departments and stakeholders to ensure that the sustainable design objectives are appropriate and applicable during the development and implementation of the Program. The City of Chicago continues to lead the nation in developing innovative approaches to address urban environmental and energy issues. Traditional regulatory programs are a core function, but many voluntary initiatives are underway that go well beyond conventional programs. The Citys programs are focused on achieving environmental improvements while providing long-term sustainability, economic benefits and improved quality of life for Chicagos citizens and businesses. That is why we have developed the OMP Sustainable Design Manual, which will allow OHare International Airport to continue to evolve as a benchmark for environmental stewardship in design and construction. We have already selected our master civil engineering team and lead engineering firms that will help move the project from the planning into the implementation phase. Every engineering team working on the OHare Modernization Program has been issued the OMP Sustainable Design Manual for incorporation of sustainable elements in their designs and ultimate implementation. The OHare Modernization Program will embrace the best possible environmental, social and fiscally responsible practices to enhance the quality of life and maintain consistency with the overall mission and goals of the City of Chicago. We will be tracking our progress as the plan evolves to ensure that sustainable design measures are incorporated in every element of the OMP as possible.
Sincerely,
Executive Director Rosemarie S. Andolino
December 2003
Table of Contents Vision Statement Introduction Process 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 2.0 2.1 2.2 2.3 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Sustainable Site Management Erosion & Sedimentation Control Brownfield Redevelopment Alternative Transportation, Public Transportation Access Alternative Transportation, Bicycle Storage and Changing Rooms Alternative Transportation, Alternative Fuel Vehicles & Parking Capacity Stormwater Management, Rate & Quality Stormwater Management, Treatment Landscape & Exterior Design to Reduce Heat Islands, Non-Roof Landscape & Exterior Design to Reduce Heat Islands, Roof Light Pollution Reduction Water Efficiency Water Efficient Landscaping Innovative Wastewater Technologies Water Use Reduction Energy & Atmosphere Systems Commissioning Minimum Energy Performance CFC Reduction Optimize Energy Performance Renewable Energy Measurement and Verification Green Power Materials & Resources Storage & Collection of Recyclables Structure & Building Reuse Construction Waste Management Recycled Content Local/Regional Materials Rapidly Renewable Materials Certified Wood
December 2003
Table of Contents
5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 6.0 6.1 6.2 6.3 6.4 6.5 6.6
Indoor Environmental Quality Minimum Indoor Air Quality Performance Environmental Tobacco Smoke Carbon Dioxide Monitoring Ventilation Effectiveness Construction IAQ Management Plan Low Emitting Materials Indoor Chemical & Pollutant Source Control Controllability of Systems Thermal Comfort Daylight & Views Fuel Vapor Monitoring Noise Transmission OHare Facility Operations Maintenance Equipment Furniture, Fixtures & Equipment Exterior Pest Management Program Brownfield Prevention Program Exterior Air Quality Noise and Acoustical Quality
7.0 OMP Intertask Resource Coordination 7.1 Salvaged Materials and Resources 7.2 Planning for Deconstruction 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 OMP Construction Practices Reference 1.1 - Erosion & Sedimentation Control Reference 3.1 Systems Commissioning Reference 4.3 Construction Waste Management Reference 5.5 Construction IAQ Management Plan Clean Fuel Construction Vehicles Alternative Transportation, During Construction Construction Materials Conveying Construction Noise and Acoustical Quality Construction Equipment Maintenance Appendices
December 2003
Vision Statement
OHare International Airport will continue to evolve as a benchmark for environmental stewardship in design and construction. The OHare Modernization Program will embrace the best possible environmental, social and fiscally responsible practices to enhance the quality of life and maintain consistency with the overall mission and goals of the City of Chicago.
December 2003
Introduction
The City of Chicago strives to be the leader in sustainable design and construction. To aid in reaching this goal, the OHare Modernization Program Sustainable Design Manual (Manual) has been developed as an integral part of the overall design and construction standards for the OHare Modernization Program (OMP). This manual supports the City of Chicagos ongoing efforts toward implementing more environmentally sustainable buildings and civic infrastructure. The manual is written with the organizational structure developed by the U.S. Green Building Council (USGBC) for the Leadership in Energy and Environmental Design (LEED) green building rating system. The Manual is written to apply the LEED rating systems concepts to all aspects of the OMP including civil and unoccupied buildings. LEED is also the referenced standard of the proposed Chicago Standard for the City of Chicago. While it is not mandated that the tasks/projects undertaken by the OMP achieve a LEED rating through the USGBC, specific projects may find this to be a valuable goal. The contents of this document should be considered in every step of the design, planning, and implementation of the OMP, without jeopardizing the budgets and project schedules agreed upon during the awarding of contracts. The City of Chicago is aware of competing interests surrounding the development of OHare International Airport (i.e., greening vs. wildlife mitigation or construction recycling vs. the FAA construction standards for runways/taxiways). The achievement of the issues in this Manual to the fullest extent possible will be one way of measuring the OMPs success in balancing these interests. OHare and the City of Chicago can be a leader in sustainable design and construction.
December 2003
Process
Fundamental to the Manual is the belief that an integrated design process will enable the OMP to achieve a thoughtful sustainable design effort with no or minimal impact to the schedule or budget of the task/project. To reach this target all members of the design team must establish goals and work toward them with a careful eye to design, schedule and budget synergies both within the task and between tasks. This Manual has been written with consideration of the four general project categories that are part of the OHare Modernization Program. These project categories are listed below. Civil - Landside including guard post relocation, roads, tunnels and bridges, perimeter roads, stormwater conveyance systems, stormwater detention facilities, creek relocations, electrical lighting systems, airport utility systems, vehicle parking facilities and fencing, and rail relocation. Civil - Airside including runways, taxiways and shoulders, airside roads and perimeter roads, stormwater conveyance systems, stormwater detention facilities, electrical lighting systems, airport utility systems, vehicle parking facilities, and fencing. Occupied Buildings including terminals, concourses, access guard posts, DOA communications building, facility relocation south, cargo facilities, and air traffic control towers. Unoccupied Buildings including lighting vaults and fuel stations.
To help with the application of each sustainable design issue, a Project Categories Summary is included as an appendix. This summary highlights the issues to be considered for a project category and includes a cross reference with the USGBC LEED rating system and the proposed Chicago Standard. This summary should be considered a Table of Contents for each project category Within the Manuals main body, each issue has three subsections; Intent, Recommendations, and Technology/Strategy. The primary environmental motivation for any issue is the Intent. The Recommendations summarize the goal(s) of the intent and the Technology/Strategy highlights specific ways of meeting the Recommendation within the OMPs work. To aid with consideration of applicable strategies and technologies, this section is organized around Current Practices, Design Recommendations, and Design Guidelines. Current Practices are requirements. They are a restatement of practices already in place that also meet sustainable design goals. Other items are included in the current OHare International Airports standards for design and construction and will also need to be accounted for within the design process. Design Recommendations are expected to have no cost or schedule impact and should be incorporated into the design. Design Guidelines are strategies and practices that will enhance the environmental design efforts of the City but are anticipated to have an impact on the cost and/or schedule.
December 2003
Process
While not all strategies will be applicable to every project category, the design team is highly encouraged to think creatively and to consider the intent of each issue throughout the decision process. In all cases, it is the design teams responsibility to evaluate and review with the OMPs management any anticipated cost or schedule impact. Compliance with the issues in this Manual will need to be reviewed with the OMP management team. In most instances a goal or metric for each issue will need to be established early in the design process. Throughout the design process the design team will need to demonstrate how and to what extent compliance is being met. The means by which this is demonstrated will vary. In some instances this will be through studies and calculations, in others it will be through product and material data. In other areas the responsibility to meet the intent will be primarily the general contractors. In these areas, specifications will need to clearly detail the execution and submittal requirements the contractor will need to adhere to. The OMP management team will review both the specifications and the general contractors submittals. To aid in this effort, it is suggested that the teams use the compliance and submittal requirements developed by the USGBC for the LEED process. The Manual is meant to supplement the existing federal, state or local regulatory requirements with additional best practice environmental strategies and considerations. Existing federal, state or local regulatory requirements include those listed below. Federal Aviation Administration U.S. Environmental Protection Agency Illinois Environmental Protection Agency U.S Department of Agriculture Illinois Department of Transportation standards City of Chicago Department of Aviation Design and Construction Standards, Stormwater Pollution Prevention Plan, Underground Storage Tank Management Plan City of Chicago codes and ordinances including landscape and stormwater City of Chicago 2003 Water Agenda City of Chicago Best Management Practices to minimize groundwater contamination from Stormwater Runoff Infiltration OMP Recyclable Excavation Materials (REM) Initiative.
This Manual does not supercede any existing standards, regulations, codes, guidelines or practices currently in place or adopted by the City of Chicago or OHare International Airport and its tenants. The Manual represents additional actions for consideration during the design and construction process. If conflicting regulations are encountered, it is the responsibility of the design team to review with the OMPs management any impact. It is expected that, as much as is feasible, the most rigorous requirement will be met.
December 2003
1.0
Sustainable Site Management
1.1
Erosion & Sedimentation Control

LEED V2.1 prerequisite: No points available
Intent: Control erosion to retain soil resources and to reduce negative impacts on water & air quality. Recommendations: Design an erosion and sedimentation control plan specific to the overall OMP and Phase Task consistent with the EPA Document No. EPA 832/R-92-005 (September 1992), Stormwater Management for Construction Activities, Chapter 3. IEPA mandates plans and measures as a function of normal construction practices. Technology / Strategy Current Practice OHares current construction activities meet the basic requirements of this strategy: Develop an erosion and sediment control strategy plan to be implemented by stages and phases to control erosion at the source and retain sediment on the construction site. Incorporate temporary sedimentation basins, temporary ditch checks, diversion dikes, temporary ditches, pipe slope drains into the construction plans. Establish temporary and permanent seeding plans. Design Recommendations Design Guidelines Monitor water quality impacts before and during construction. Develop an inventory of topsoil for potential re-use. Develop a policy to chip or compost all vegetation for re-use on site. Value Implications: Protection and maintenance of the site environment, water, soil and air quality. No anticipated schedule impacts to OMP or airside operations
December 2003
1.0
1.2
Brownfield Redevelopment
LEED V2.1 SS C3: 1 point possible
Intent: Develop on a site documented as contaminated by ASTM E1903-97 Phase II Environmental Site Assessment OR classified as a brownfield by a local state and federal government agency and therefore reducing pressure on undeveloped land. Recommendations: Work with the OMP to plan for and implement to effectively remediate and/or encapsulate site contamination. Technology / Strategy Current Practice Design Recommendations The following strategies are required by IEPA for any development in a brownfield: o Develop and implement a site remediation plan using strategies such as pump-and-treat, bioreactors, land forming and on-site remediation. Remediation would meet the standards identified in the Illinois Tiered Approach to Corrective Action (TACO). o Opportunity to enter into the Illinois Site Remediation Program (voluntary cleanup program) that offers a No Further Remediation (NFR) Letter. Design Guidelines Value Implications: Land value for remediated lands increases. No anticipated schedule impacts. Funding Sources: Federal and State Grants. Federal grants through the U.S. EPA Brownfield program such as the Brownfield Cleanup Revolving Loan fund for remediation and Assessment Demonstration Pilots. (See attached list.)
December 2003
1.0
1.3
Alternative Transportation Public Transportation Access

LEED V2.1 SS C4.1: 1 point possible
Intent: Reduce pollution and land development impacts from automobile use. Recommendations: Provide public rail systems within 0.5 miles and provide public bus lines within 0.25 miles of the Airport. Technology / Strategy Current Practice OHares current transportation plan meets the basic requirements of this strategy. The OMPs planned extension of the Automated People Mover extends this infrastructure to the west terminal. Design Recommendations Work with the OMP to plan for and implement strategies aimed at the following goals: o Improved and increased public transportation access from the City and suburbs. o Reduce parking needs. o Improve efficiency of access. Design Guidelines Below are additional suggestions that could bolster public transportation but are beyond the scope of the present OMP. Design team should consider impact of future implementation. o Provide incentives to employees to use public transportation. o Consolidate rental car facilities and mini-bus transportation to minimize congestion on terminal roads. o Operate satellite check-in facilities (downtown and suburban locations) to minimize congestion on terminal access roads and encourage use of public transportation. o Construct OHare-Midway high-speed rail connection. o Develop OHare-Downtown CTA express connection. o Develop METRA Starline service from the northwest suburbs. Value Implications: Cost savings due to reduced parking infrastructure and detention required. Reduction of the urban heat island effect. Minimize traffic congestion and air pollution. No anticipated schedule impacts to OMP or airside operations, except possibly during construction. Project(s) can be constructed independent of OMP.
December 2003
1.0
1.4
Alternative Transportation Bicycle Storage & Changing Rooms

Intent: Reduce pollution and land development impacts from automobile use. Provide secure bicycle storage with convenient changing/shower facilities. Recommendations: Work with the OMP to plan for and implement strategies aimed at the following goals. Encourage bicycle use for employees. Reduce parking needs. Technology / Strategy Current Practice Design Recommendations Design Guidelines Provide safe bicycle lanes/paths. Provide a centralized facility(s) for secure bicycle storage with convenient changing/shower areas. Provide incentives to employees to bike to work. Value Implications: Cost savings due to reduced construction for future parking infrastructure and amount of detention required. Reduction of the urban heat island effect. Minimize traffic congestion and air pollution. No anticipated schedule impacts to OMP or airside operations. Project(s) can be constructed independent of OMP.
December 2003
1.0
1.5
Alternative Transportation Alternative Fuel Vehicles & Parking Capacity

LEED V2.1 SS C4.3 & SS C4.4: 2 points possible
Intent: Reduce pollution and land development impacts from automobile use. Recommendations: Work with the OMP to plan for and implement strategies aimed at the following goals. Encourage increased use of alternative fuel vehicles for airport operations, public transportation, and employee vehicles. Provide preferred parking for carpools or vanpools. Reduce parking needs. Technology / Strategy Current Practice OHare already has programs for alternative fuel vehicles within the airport operations. Design so that these programs are enhanced and supported. Design Recommendations Design Guidelines Increase use of alternative fuel vehicles for airport operations particularly indoor cargo operations. Provide preferred parking for staff and public alternative fuel vehicles. Install alternative fuel refueling stations for public use. Provide preferred parking for vanpools and carpools for staff. Plan for the development of preferred parking and/or lot locations for rental fleets, which offer alternative fuel rental vehicles. Value Implications: Cost savings due to reduced construction for future parking infrastructure and amount of detention required. Reduction of the urban heat island effect. Minimize traffic congestion and air pollution. No anticipated schedule impacts to OMP or airside operations. Additional alternative fuel programs can be realized independent of OMP.
December 2003
1.0
1.6
Stormwater Management, Rate & Quantity

Intent: Limit disruption and pollution of natural water flows by managing stormwater runoff. Encourage groundwater infiltration. Use detention to reduce storm water flow, velocities and sedimentation loads into the receiving streams. Recommendations: Work with the OMP to plan for and implement strategies aimed at the following goals. Minimize the amount of impervious surface constructed within the task/project and the OMP. Remove existing pavement areas not planned for future use. Calculate the peak flow rates from impervious surfaces and with the use of pervious surfaces to define impact of pervious pavement use. Reduce flow velocities in storm water conveyance systems to encourage settling of sediments (for later removal). Provide opportunities for storm water to infiltrate into the groundwater to reduce volume of runoff, improve water quality and recharge the aquifer. Recycle the storm water runoff for non-potable water use and/or irrigation at landside facilities. Evaluate alternatives to curbs and gutters and an enclosed drainage system such as curb breaks and drainage ditches and/or bioswales. Technology / Strategy Current Practice Design Recommendations Evaluate pervious pavements for roadways, shoulders, non-traffic pavements, maintenance roads, utility yards, airside and landside parking facilities. Peak storm water runoff rates could be reduced. Storm sewer conveyance systems could be designed with reduced diameter pipes. Install landscape to reduce runoff. See discussion of Water Efficient Landscaping. Evaluate curb breaks and drainage ditches, and/or bioswales. Design Guidelines Use of extensive green roof systems with 1 to 5 inches of topsoil encourages filtration and treatment of rainwater, evaporation of rainfall to the atmosphere and storm water retention. An estimated 25% of rainfall on a green roof becomes runoff. Use rainwater cisterns for landside irrigation during the plant growth season. Storm water runoff from the collection systems would be directed into the cisterns for storage. Collected water would be utilized for irrigation during dry periods. Cisterns would attenuate peak storm water runoff flows to the downstream storm sewer systems. Cisterns improve water quality by the removal of sediments due to the reduced velocities of flow in the system. (Sediment must be periodically removed.)
December 2003
1.0
Value Implications: Cost of pervious pavement is comparable to standard pavements on large-scale projects. Maintaining porous characteristics of pavement may require additional maintenance costs. Potential increased first cost for green roof systems and plumbing infrastructure. Increased costs for rainwater cisterns for structural components, distribution system, and maintenance. Cost savings realized by reduced stormwater detention needs, water treatment costs, and storm water conveyance systems. Irrigation during dry periods without reliance on public water systems. No anticipated schedule impacts to OMP or airside operations.
December 2003
1.0
1.7
Stormwater Management, Treatment

Intent: Limit disruption of natural water flows by eliminating stormwater runoff, increasing onsite infiltration and eliminating contaminants. Recommendations: Treat stormwater to remove solids and contaminants. Technology / Strategy Current Practice Design Recommendations Evaluate Best Management Practices outlined in Chapter 4, Part 2 (Urban Runoff), on the United States environmental Protection Agencys Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, January 1993 (document No EPA-840-B-92-002. Evaluate first flush systems including slotted edge drains connected to underground holding tanks. First flush sediment would settle in the tanks and be removed at a later date for treatment and/or disposal. Evaluate detention basins, detention ditches, ditch checks and other BMPs for effective first flush treatment. Evaluate bioswales along roadways and parking areas to encourage groundwater infiltration of stormwater runoff. On airside projects, these strategies should not encourage animal habitat. Minimize current treatment of all stormwater at OHare by reducing runoff. See discussion of Storm water Management Rate and Quantity Design Guidelines Develop collection systems for de-icing runoff. The proposed runway and taxiway pavements would contain first flush systems along the edge of pavements and Central Deicing Facilities for aircraft. The first flush system could consist of slotted edge drains connected to underground holding tanks. Glycol contaminated snowmelt and minor storm water runoff would be captured in the tanks and removed for treatment, disposal or recycling. Toronto Airport reports that in an experimental pilot project, they were able to obtain glycol fluids in a concentration of at least 50% from recycled spent fluids having an original concentration of 8 to 10 percent. Central Deicing Facilities could also be utilized to capture excess glycol from aircraft deicing operations in underground storage tanks. Toronto Airport reports that glycol water quality exceedence events were reduced by 62.5% from 2001 to 2002 by the use of central deicing facilities.
December 2003
1.0
Value Implications: Collection systems constructed with the new runways and taxiways would: o Potentially increase storm sewer construction costs. The cost of a first flush system could be offset by reduced size of the remaining storm water conveyance system. o Reduce the discharge of high concentrations of glycol in runoff to the local waterways. o Reduce MWRDGC sewerage treatment costs of the glycol contaminated storm water.
December 2003
1.0
1.8
Landscape & Exterior Design to Reduce Heat Islands, Non-Roof

Intent: Reduce Heat Islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat Recommendations: Provide shade and/or use light colored/high albedo materials (reflectance of at least 0.3) for at least 30% of the sites non-roof impervious surfaces for airside and landside uses. Albedo is the ratio of the amount of solar radiation reflected from a material to the amount incident on the material. Technology / Strategy Current Practice Design Recommendations Maximize light colored/high albedo pavement, such as portland cement concrete, for roadways, parking lots, sidewalks and plaza areas. Reflectance must be a minimum of 0.3. [White portland cement 0.7 to 0.8, typical portland cement 0.35 to 0.5, typical asphalt pavement 0.05 (new) to 0.15 (over 5 years)]. Design Guidelines For Landside projects, install trees to provide shade within 5 years for at least 30% of dark colored impervious surfaces, including parking, roadways, walkways, and outdoor plazas. (Requires approx. 2 -3 more trees than required by City code for off-street parking.) A creative combination of the above strategies to reach this goal is encouraged. For example, a task/project can provide 5% shading of dark colored impervious surfaces and 25% light colored/high albedo pavement to achieve this goal. Evaluate structured parking in lieu of asphalt paved surface lots. This provides additional green areas and reduces stormwater runoff from roofs and potentially the size of storm sewer systems. Evaluate open grid pavement for surface lots and site pavement. Value Implications: Reduction of the urban heat island effect. No anticipated schedule impacts to OMP or airside operations. Potential materials cost increase. Reduced cooling energy consumption due to reduced temperature.
December 2003
1.0
1.9
Landscape & Exterior Design to Reduce Heat Islands, Roof

Intent: Reduce urban heat island effect (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Recommendations: Use ENERGY STAR compliant and high emmissivity materials (at least 0.9 when tested in accordance with ASTM 408) for at least 75% of the roof surface OR install a green vegetated roof for at least 50% of the roof area. The implementation of a green roof system should be evaluated with consideration to technical feasibility, the impact on energy savings and stormwater, and visibility. The placement of a green roof on one or more buildings will be determined through discussions with the OMP. Technology / Strategy Current Practice Design Recommendations Evaluate and utilize an ENERGY STAR compliant roofing system, such as aluminum coating and light-colored coatings. Thermoplastic and white PVC roofing systems meet these standards. Design Guidelines Install a green vegetated roof on all or portions of new and existing buildings. Value Implications: Reduction of heat island. (Green roof can reduce air temperature by 3 to 7F.) A green roof may provide a 10% reduction on air conditioning costs. Reduction of stormwater detention requirements and, potential cost savings in stormwater conveyance infrastructure. Increased roof life by two or three times the standard roof. Protected underlayment from mechanical damage, UV-rays, hail and extreme temperature. Improved indoor sound levels. Can reduce indoor sound by up to 40 decibels. Potential for increased first costs due to increased structure, drainage and waterproofing. Structural elements must be designed for increased roof load.
December 2003
1.0
1.10 Light Pollution Reduction

Intent: Eliminate light trespass from the building and site, improve night sky access and reduce development impact on nocturnal environments. Recommendations: Meet or provide lower light levels and uniformity ratios than those recommended by the Illuminating Engineering Society of North America (IESNA) Recommended Practice Manual: Lighting for Exterior Environments (RP-33-99). Technology / Strategy Current Practice Design Recommendations Adopt site lighting criteria to maintain safe light levels while avoiding off-site lighting and night sky pollution. Minimize site lighting where possible The maximum candela value of all interior lighting shall fall within the building (not out through windows) and the maximum candela value of all exterior lighting shall fall within the property. Design Guidelines Model the site lighting using a computer model. Consider full cutoff luminaries, low-reflectance, non-specular surfaces and lowangle spotlights for roadway and building lighting. Value Implications: No anticipated schedule impacts to OMP or airside operations.
December 2003
2.0
Water Efficiency
2.1
Water Efficient Landscaping

LEED V2.1, WE C1.1 & WE C1.2: 2 points possible
Intent: Limit or eliminate the use of potable water for landscape irrigation. Recommendations: Eliminate irrigation systems, use high-efficiency irrigation technology OR use captured rain or recycled site water to reduce potable water consumption for irrigation. Install drought-tolerant and native vegetation. Technology / Strategy Current Practice Design Recommendations Do not install an irrigation system. Utilize native vegetation, which may be acceptable for site use. Utilize vegetation to reduce or eliminate irrigation requirements for landside areas Design Guidelines Perform a soil and climate analysis to determine the appropriate landscape strategy. Evaluate stormwater and/or greywater cisterns for capturing rainwater from all new roofs for irrigation. Value Implications: Reduction in environmentally harmful landscape maintenance practices. 48% reduction in annual maintenance costs of traditional landscape after seven years. Approximately a 30% reduction in detention requirements from that required for a typical Kentucky bluegrass landscape. No anticipated schedule impacts to OMP or airside operations.
December 2003
2.0
Water Efficiency
2.2
Innovative Wastewater Technologies

LEED V2.1, WE C2: 1 point possible
Intent: Reduce generation of wastewater and potable water demand, while increasing the local aquifer recharge. Recommendations: Reduce the use of municipally provided potable water for building sewage conveyance by specifying high-efficiency fixtures and dry fixtures to reduce water usage and wastewater volumes. Technology / Strategy Current Practice Design Recommendations Use High-efficiency fixtures and valves. Utilize fixtures such as dual flush toilets and waterless urinals to reduce wastewater volumes. Evaluate reusing stormwater for non-potable uses. Design Guidelines Capture greywater from lavatories, showers and institutional dishwashing facilities for sewage conveyance or on-site wastewater treatment systems. Value Implications: Potential increased first cost for plumbing infrastructure. Reduction of municipal water usage up to 2.8 gallons per day per person. Savings in water and sanitary sewer conveyance and treatment.
December 2003
2.0
Water Efficiency
2.3
Water Use Reduction

LEED V2.1 WE C3.1 & WE C3.2: 2 points possible
Intent: Maximize water efficiency within buildings to reduce the burden on municipal water supply and wastewater systems. Recommendations: After meeting the Energy Policy Act of 1992 fixture performance requirements, quantify and demonstrate to the OMP strategies that in aggregate use less water than the water use baseline for the building. Target water use reduction at 30%. Technology / Strategy Current Practice Design Recommendations Use high-efficiency fixtures and valves, such as automatic sensors, aerators on lavatories and dual-flush toilets. Design Guidelines Dry fixtures such as composting toilets and waterless urinals to reduce wastewater volumes. Use reclaimed water for cooling tower makeup. Evaluate pulsed-power electromagnetic water treatment, ultraviolet treatment, or ozone treatment for cooling tower water. Establish a water supply system that supports vehicle maintenance without the use of potable water by using recycled water or diverted stormwater for vehicle washing. Value Implications: Savings in water and sewage conveyance. Cooling tower water treatment systems will reduce chemical use and water blowdown volume. Potential increased first cost for plumbing infrastructure.
December 2003
3.0
Energy & Atmosphere
3.1
Systems Commissioning
LEED V2.1 Prerequisite & EA C3: 1 point possible
Intent: Verify and ensure that fundamental building elements and systems are designed, installed and calibrated to operate as intended. Recommendations: Implement or have a contract in place to implement the following fundamental best practice commissioning procedures. Technology / Strategy Current Practice Design Recommendations Review the design intent and the basis of design documentation. Incorporate commissioning requirements into the construction documents. Develop and utilize a commissioning plan. Verify installation, functional performance, training, operations and maintenance documentation. Complete a commissioning report. Provide the owner with a single manual that contains the information required for re-commissioning systems. Engage a commissioning team that does not include individuals directly responsible for project design or construction management to evaluate both building and site systems as part of the commissioning plan. Priority Systems - high energy consuming systems o Central Building Automation system o All HVAC system equipment o Lighting controls and sensors o Site Lighting o Refrigeration systems o Vertical Transport o Building Envelope
December 2003
3.0
Energy & Atmosphere
Lower Priority Systems low energy consuming system. o Emergency Power Generators and Automatic Transfer Switching o Uninterruptible Power Supply systems o Life Safety systems; Fire protection Fire alarm, Egress pressurization o Lightning Protection o Domestic and Process water pumping and mixing systems o Equipment sound control systems o Data and Communication systems o Paging systems o Security systems o Irrigation systems o Plumbing For Runways, Civil/Stormwater and Roadways/Rail projects this scope should include the following project components. o For support and ancillary buildings include all of the applicable systems and assemblies noted above o Runway lighting and illuminated signage o Runway NAVAIDS o Site lighting systems o Traffic signals o Pump stations o Oil/water separators Design Guidelines Value Implications: Cost for Commissioning Authoritys fees. Ensures that the building systems are installed and calibrated to provide optimal performance in accordance with the design documents. Operations and maintenance costs are reduced. Staff systems training is ensured Contractor callbacks are reduced
December 2003
3.0
Energy & Atmosphere
3.2
Minimum Energy Performance

LEED V2.1 Prerequisite EA P2: No points possible
Intent: Establish the minimum level of energy efficiency for the base building and systems. Recommendations: Design the building or site systems to comply with the requirements of ASHRAE/IESNA Standard 90.1-1999 (without amendments). Technology / Strategy Current Practice Meet the Chicago Energy Conservation Code. Design Recommendations Design all buildings to comply with ASHRAE/IESNA Standard 90.1-1999. (This will ensure compliance with the Chicago Energy Conservation Code). For Runways, Civil/Stormwater and Roadways/Rail, to the greatest extent possible, design site systems to comply with ASHRAE/IESNA Standard 90.11999. Design Guidelines Value Implications: Initial costs typically offset by operations and maintenance savings.
December 2003
3.0
Energy & Atmosphere
3.3
CFC Reduction
LEED V2.1 Prerequisite EA P3 & Credit EA C4: 1 point possible
Intent: Reduce ozone depletion. Recommendations: Zero use of CFC and HCFC-based refrigerants in base building HVAC&R systems. Fire suppression systems shall not contain Halon. Technology / Strategy Current Practice Design Recommendations Specify new base building HVAC equipment that uses no CFC or HCFC refrigerants. When reusing existing HVAC systems, conduct an inventory to identify equipment that uses CFC and HCFC refrigerants and adopt a replacement schedule for these refrigerants. Design Guidelines Value Implications: None
December 2003
3.0
Energy & Atmosphere
3.4
Optimize Energy Performance

LEED V2.1 EA C1: 10 points possible
Intent: Achieve increasing levels of energy performance above the prerequisite standard to reduce environmental impacts associated with excessive energy use. Recommendations: Develop an overall strategic Energy Efficiency Plan to reduce design energy cost compared to the energy cost budget for energy systems regulated by ASHRAE/IESNA Standard 90.1-1999 (without amendments), as demonstrated by a building simulation using the Energy Cost Budget Method described in Section 11 of the Standard. The Energy Efficiency Plan should identify specific design strategies for regulated energy systems and provide detailed information to the OMP on the percent of energy efficiency achieved. Provide to the OMP a cost analysis illustrating both first cost and annual savings. Consider operations, maintenance and energy costs in this analysis. Regulated energy systems include HVAC, service hot water and interior lighting. Nonregulated systems include plug loads, exterior lighting, garage ventilation and elevators. Technology / Strategy Current Practice Design Recommendations Use a computer simulation model to assess energy performance and identify the most cost effective energy measures. Provide high-efficiency motors and systems. Provide energy efficient lighting systems. Organize circuiting of lighting and building systems so that individual areas may be separately controlled relative to daylight and heating/cooling zones. Orient building to optimize passive solar and/or daylight penetration. Optimize architectural features for daylighting and glare control. Consider light shelves, ceiling design, window placement, and window treatments Provide motion sensors in stairs, toilet rooms, storage rooms and equipment rooms unless life safety is compromised. Provide Energy Star compliant equipment and appliances Provide appropriate training for the operations and maintenance of the facility. Coordinate with the Commissioning Agent. Control air infiltration through all exterior openings including loading docks.
December 2003
3.0
Energy & Atmosphere
Design Guidelines Quantify energy performance compared to the baseline building and provide a summary report to the OMP. The following technologies and strategies should be evaluated for Building/Structures: o Evaluate cogeneration for new terminals and concourses. o Provide energy efficiency upgrades to relocated facilities. o Use LED exit signs in buildings. o Provide daylight harvesting control systems. o Optimize lighting controls for energy savings and function. o Integrate lighting systems with Building Automation System. o Use high performance glazing (double glazed, low-e, spectrally selective) and window systems. o Evaluate underfloor air distribution systems in office-type spaces. o Evaluate appropriate levels of insulation and thermal mass for building envelope. o Utilize premium efficiency motors where applicable. o Ground-source heat pumps for pre-heating/pre-cooling of water systems. Technologies and strategies to be evaluated for Runways include LED lighting and signals Technologies and strategies to be evaluated for Civil/Stormwater and Roadways/Rail include LED lighting and signals Investigate non-electrified snowmelt procedures, including Hydronic runway pavement for snowmelt and Epoxy overcoat with glycol for controlling snow on runways. Evaluate cogeneration for tasks/projects and for coordinated intra-task/project power requirements. Value Implications: Substantial operational cost savings can be expected. Energy Cost Analyses will demonstrate these savings. Additional first costs can be expected for many strategies. Lower maintenance costs. FAA approval required for use of LED signaling and landing equipment. FAA evaluation pending. City of Chicago Department of Fire Prevention approval required for use of LED exit signs. Current standard for federal construction. Funding Sources: Illinois Clean Energy Community Foundation U.S. Department of Energy
December 2003
3.0
Energy & Atmosphere
3.5
Renewable Energy
LEED V2.1 EA C2.1, EA C2.1 & EA C2.3: 3 points possible
Intent: Encourage and recognize on-site renewable energy self-supply in order to reduce atmospheric pollutants, operations costs, and the environmental impacts associated with fossil fuel energy use. Recommendations: Investigate the feasibility of supplying a percentage of the task/projects energy use through the use of on-site renewable energy systems. Demonstrate to the OMP through the energy cost budget the first costs and annual energy savings. Take advantage of net metering with local utility when applying these strategies. Technology / Strategy Current Practice Design Recommendations Design Guidelines Discrete photovoltaic power source for outlying equipment, ancillary buildings, and parking and site lighting. Solar hot water pre-heat. Solar trombe-walls for passive solar heating. Building-integrated photovoltaics. Fuel cells. Value Implications: Operational cost savings can be expected due to reduced energy costs. The Energy Cost Analyses will demonstrate these savings. All technologies require additional first costs for technology and system infrastructure. Reduced reliance on grid sourced power. All discrete alternate energy sources require an automatic utility/generator backup for critical functions. Funding Sources: US Department of Energy Illinois Clean Energy Community Foundation
December 2003
3.0
Energy & Atmosphere
3.6
Measurement & Verification

LEED V2.1 EA C5: 1 point possible
Intent: Ensure ongoing accountability and optimization of energy and water consumption. Recommendations: Provide a mechanism for the accountability and optimization of building energy and water consumption performance over time. Technology / Strategy Current Practice Design Recommendations Install continuous metering equipment for the following end-uses: o Lighting systems and controls o Constant and variable motor loads o Variable frequency drive (VFD) operation o Chiller efficiency at variable loads (kW/ton) o Cooling load o Air and water economizer and heat recovery cycles o Air distribution static pressures and ventilation air volumes o Boiler efficiencies o Building-related process energy systems and equipment o Indoor water risers and outdoor irrigation Develop a Measurement and Verification plan that incorporates the monitoring information from the above end-uses and is consistent with Option B, C or D of the 2001 International Performance Measurement & Verification Protocol (IPMVP) Volume I: Concepts and Options for Determining Energy and Water Savings. Investigate whether these facilities will be included in the City of Chicagos Global Building Monitoring System. Design Guidelines Draft a Measurement & Verification Plan to apply during building operation that compares predicted savings to those achieved. Value Implications: Long-term operational cost savings can be expected. Additional first cost can be expected for some additional BAS control points. Funding Sources: Illinois Clean Energy Community Foundation
December 2003
3.0
Energy & Atmosphere
3.7
Green Power
LEED V2.1 EA C6: 1 point possible
Intent: Encourage the development and use of grid-source, renewable energy technologies on a net zero pollution basis. Recommendations: This is an operational strategy that should be reviewed with the City of Chicagos energy purchasing agreements. Provide detailed information to the OMP on the percent of renewable sourced energy purchased. Renewable sources are as defined by the Center for Resource Solutions (CRS) Green-e products certification requirements. Technology / Strategy Current Practice Design Recommendations Determine the City of Chicagos Green Power requirements for the task/project and investigate opportunities to engage in a green power contract with the utility. Visit www.green-e.org for details about the Green-e program. Design Guidelines
December 2003
4.0
Materials & Resources
4.1
Storage & Collection of Recyclables

LEED V2.1 Prerequisite MR P1: No points possible
Intent: Facilitate the reduction of waste generated by building occupants that is hauled to and disposed of in landfills. Recommendations: Provide an easily accessible area serving the entire building, including ancillary buildings, dedicated to the separation, collection and storage of materials for recycling including (at a minimum) paper, corrugated cardboard, glass, plastics and metals. Technology / Strategy Current Practice Design Recommendations Investigate and incorporate collection rooms for recycling streams that make sense for each facility. Coordinate recyclable waste collection with hauler capability. Evaluate the following waste for recycling: o Aluminum o Glass o Paper, newspapers, magazines and cardboard o Carpet o Food Waste o Gas & oil filters o Motor oil and Anti-freeze o Scrap metal o Batteries o Light bulbs o Toner cartridges o Tires o Electrical wiring o Electronics including monitors o Deicing fluid Instruct users and occupants on recycling procedures. Designate an area for recyclable collection and storage that is appropriately sized and located in a convenient area. Design Guidelines Employ cardboard balers, aluminum can crushers, recycling chutes and other technologies to enhance the recycling program. Value Implications: Space requirements for trash/recycling operations. Reduced waste hauling costs
December 2003
4.0
4.2
Structure & Building Reuse

LEED V2.1 MR C1.1, MR C1.2 & MR C1.3: 3 points possible
Intent: Extend the life cycle of existing runways and infrastructure, conserve resources, reduce waste, and reduce environmental impacts as they relate to materials manufacturing and transport. Recommendations: Demonstrate to the OMP the strategies for reuse and quantities of reused runway and infrastructure. Reuse refers to existing structures that are left in place, or have been relocated for reuse with the new OMP airport configuration. Technology / Strategy Current Practice Evaluate relocation of existing structures for reuse. Consider adaptive reuse of building(s) / structure(s) and potential relocation for the same program use. Evaluate maximizing reuse of existing runway and infrastructure. Quantify the extent of reuse. Design Recommendations Design Guidelines Remove elements that pose contamination risk Upgrade outdated components Value Implications: Savings are realized through runway reuse. Savings are realized due to reduced waste generation and hauling.
December 2003
4.0
4.3
Construction Waste Management

LEED V2.1 MR C2.1 & MR C2.2: 2 points possible
Intent: Divert construction, demolition and land clearing debris from landfill disposal. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Recommendations: Develop and implement a waste management plan, quantifying material diversion goals. Establish a target percentage of recycled and/or salvaged construction, demolition and land clearing waste. Calculations can be done by weight or volume, but must be consistent throughout. Work with the OMP to identify intra-task/project resources. The waste management plan for each task/project shall be a part of the overall waste management strategy. Data shall be provided in such a way that it is easily integrated into the OMPs master waste resource database. Identify intra-task/project resources that can be used for the current task/project. Analyze the applicability of these resources and specify their use to the greatest extent possible. Coordinate with OMP for a balanced earthwork plan Technology / Strategy Current Practice Design Recommendations Develop a balanced earthwork plan Establish goals for landfill diversion and adopt a construction waste management plan to achieve these goals. Coordinate recyclable waste collection with hauler capability. Evaluate (at a minimum) the following waste for recycling: o land-clearing debris o cardboard o metal o brick o concrete o asphalt o plastic o clean wood
December 2003
4.0
o glass o gypsum wallboard o carpet o insulation Require haulers to cover truck beds, maintain at least two feet of freeboard and restrict engine idle times Identify the waste from one project that is a potential resource to another project. Resources may include the following. o Concrete o Asphalt o Land clearing debris o Small ancillary buildings or structures o Building components Work with the OMP to designate a specific site area for recycling. Track recycling efforts throughout the construction process in a way that identifies progress toward the goals and the resources generated for upcoming tasks/projects. Evaluate subcontractor materials practices for refused or rejected material (in particular concrete loads). Requirements and processes for recycling of such material should be specified. Coordinate construction waste management with salvaged materials efforts. (See 7.1 for Salvaged Materials Guidelines.) Design Guidelines Value Implications: Savings in materials costs may be realized from intra-task/project resource reuse. Potential income generation for recycled materials. Moderate general conditions cost for tracking and managing the construction waste goals. Additional costs or savings may be found by requiring materials suppliers to comply with refused materials recycling programs in their plants.
December 2003
4.0
4.4
Recycled Content
Intent: Specify building products that incorporate recycled content materials, therefore reducing impacts resulting from extraction and processing of new virgin materials. Recommendations: Establish a goal with the OMP for the use of materials with recycled content. Identify the value of both the post-consumer recycled content and the post-industrial content so that they can be compared with of the total value of the materials in the project. Dividing the weight of recycled content in the item by the total weight of all material in the item, then multiplying the resulting percentage by the total value of the item shall determine the value of the recycled content portion of a material or furnishing. Mechanical and electrical components shall not be included in this calculation. Recycled content materials shall be defined in accordance with the Federal Trade Commission document, Guides for the Use of Environmental Marketing Claims, 16 CFR 260.7 (e), available at www.ftc.gov/bcp/grnrule/guides980427.htm. Technology / Strategy Current Practice Design Recommendations Establish a project goal for recycled content materials and identify material suppliers that can achieve this goal Consider the following major building components for specifying a maximum recycled content: o Aggregate in cast in place concrete o Fly-ash in cast in place concrete o Aggregate in pre-cast concrete including site work and infrastructure piping o Fly-ash in pre-cast concrete including site work and infrastructure piping o Bituminous concrete pavement o Unit pavers o Steel reinforcement o Structural steel o Miscellaneous steel o Steel fencing and furnishings o Unit masonry o Ductile iron pipe
December 2003
4.0
o Aluminum products o Site generated broken concrete for gabions o Railroad rails o Railroad ties o Railroad track base material o Steel doors and frames o Aluminum doors and windows o Plaster o Terrazzo o Acoustical ceilings o Drywall o Finish flooring including carpet, resilient flooring and terrazzo o Toilet and shower compartments o Special finishes o Equipment o Sheet metal ductwork o Site Lighting During construction, ensure that the specified recycled content materials are installed and quantify the total percentage of recycled content materials installed. Design Guidelines Value Implications: Consideration should be given to materials procurement volume and lead times. Early orders may be required for some items. Moderate general conditions cost for tracking and managing the construction waste goals.
December 2003
4.0
4.5
Local/Regional Materials
Intent: Specify building materials and products that are extracted and manufactured within the region, thereby supporting Chicagos regional economy and reducing the environmental impacts resulting from transportation. Recommendations: Establish a goal for the minimum percentage of local/regional materials and products that are manufactured regionally within a radius of 500 miles. Identify the value of local/regional materials so that they can be compared with of the total value of the materials in the task/project. Manufacturing refers to the final assembly of components into the building product that is furnished and installed by the tradesmen. Of the regionally manufactured materials establish a percentage goal of building materials and products that are extracted, harvested, or recovered (as well as manufactured) within 500 miles of the project site. Technology / Strategy Current Practice Design Recommendations Identify and specify materials and material suppliers that can achieve the regional manufacture goal. Identify and specify materials and material suppliers that can achieve the regional extraction, harvesting, or recovering goal. Materials that will contribute greatly to this goal are: o Concrete o Asphalt o Structural steel o Masonry o Post-industrial recycled gypsum wallboard o Storm system concrete pipe of all sizes o Manholes and handholes o Electrical ductbanks o Cable o Gas and water piping o Rail tracks o Rail ties
December 2003
4.0
o Rail ballast o Landscape material and seed For buildings, specify mechanical, electrical and plumbing equipment and components that meet the regional goals. During construction, ensure that the specified local materials are installed and quantify the percentage of local materials installed based on a percentage of overall construction cost. Design Guidelines Value Implications: Local and regional economy is supported. Transportation costs are reduced. Moderate general conditions cost for tracking and managing the construction waste goals.
December 2003
4.0
4.6
Rapidly Renewable Materials

LEED V2.1 MR C6: 1 point possible
Intent: Reduce the use and depletion of finite raw materials and long-cycle renewable materials by replacing them with rapidly renewable materials. Recommendations: Establish a goal for the minimum percentage of rapidly renewable building materials and products (made from plants that are typically harvested within a ten-year cycle or shorter) so that they can be compared with of the total value of the materials in the task/project. Technology / Strategy Current Practice Design Recommendations Identify materials and suppliers that can achieve this goal. Consider finish materials and temporary construction materials. Temporary construction materials will be applicable for the runway, civil/stormwater and Roadways/Rail task/project types. Consider materials such as: o For formwork, temporary construction and underlayment Poplar OSB Straw board or agriboard o Bamboo flooring o Cork o Wool carpets and fabrics o Cotton-batt insulation o Linoleum flooring o Sunflower seed board o Wheat grass or Straw board cabinetry and others. During construction, ensure that the specified rapidly renewable materials are installed. Design Guidelines Value Implications: Consideration should be given to materials procurement volume and lead times. Early orders may be required for some items. Moderate general conditions cost for tracking and managing the construction waste goals.
December 2003
4.0
4.7
Certified Wood
LEED V2.1 MR C7: 1 point possible
Intent: Encourage environmentally responsible forest management Recommendations: Establish a goal for wood-based materials and products, certified in accordance with the Forest Stewardship Councils Principles and Criteria, for wood building components including, but not limited to, structural framing and general dimensional framing, flooring, finishes, furnishings, and non-rented temporary construction applications such as bracing, concrete form work and pedestrian barriers so that they can be compared with of the total value of the materials in the task/project. Technology / Strategy Current Practice Design Recommendations Identify suppliers that can achieve this goal during construction. Specify construction materials; finish products, and temporary construction materials that are FSC certified. Evaluate temporary construction materials that may be applicable for the runway, civil/stormwater, and Roadways/Rail task/project types. This will include all nonrented materials such as bracing and formwork. Ensure that the FSC-certified wood products are installed and quantify the total percentage of FSC-certified wood products installed. Design Guidelines Value Implications: Potential slight increase in materials cost. Materials availability and scheduling will need to be considered. Early orders may be required for some items. Moderate general conditions cost for tracking and managing the construction waste goals.
December 2003
5.0
Indoor Environmental Quality
5.1
Minimum Indoor Air Quality Performance

LEED V2.1 Prerequisite EQ P1: No points possible
Intent: Establish minimum indoor air quality (IAQ) performance to prevent the development of indoor air quality problems in buildings, thus contributing to the comfort and well being of the occupants. Recommendations: Meet the minimum requirements of voluntary consensus standard ASHRAE 62-1999, Ventilation for Acceptable Indoor Air Quality, and approved Addenda (see ASHRAE 622001, Appendix H, for a complete compilation of Addenda) using the Ventilation Rate Procedure. Technology / Strategy Current Practice Identify potential IAQ problems on the site and locate air intakes away from contaminant sources, including loading areas, exhaust fans, and cooling towers. Locate air intakes in secure areas for protection from potential attacks. Design Recommendations Design the HVAC system to meet the ventilation requirements of the referenced standard. Evaluate carbon or electrostatic filters on outdoor air for terminal buildings. Provide a security monitoring system for outdoor air intakes for terminal buildings. In cases where conflicts with the City of Chicago ventilation code arise, meet the requirements of the more stringent code. Design Guidelines Value Implications: Reduced sick time or complaints may increase productivity in office spaces and passenger satisfaction in terminal buildings. Energy use may increase if the HVAC systems do not include heat recovery or demand-controlled ventilation.
December 2003
5.0
5.2
Environmental Tobacco Smoke Control

LEED V2.1 Prerequisite EQ P2: No points possible
Intent: Prevent exposure of building occupants and systems to Environmental Tobacco Smoke (ETS). Recommendations: Zero exposure of non-smokers to ETS. Technology / Strategy Current Practice Design Recommendations Prohibiting smoking in the public areas of buildings and locating any exterior designated smoking areas away from entries and operable windows Require all parts of the construction sites to be non-smoking. Work with unions in privately leased cargo spaces to designate these areas as non-smoking. Design Guidelines Provide a designated smoking room designed to effectively contain, capture and remove ETS from the building. At a minimum, the smoking room must be directly exhausted to the outdoors with no recirculation of ETS-containing air to the nonsmoking area of the building, enclosed with impermeable deck-to-deck partitions and operated at a negative pressure. Performance of the smoking rooms shall be verified by using tracer gas testing methods as described in the ASHRAE Standard 129-1997. Acceptable exposure in non-smoking areas is defined as less than 1% of the tracer gas concentration in the smoking room detectable in the adjoining non-smoking areas. Smoking room testing as described in ASHRAE Standard 129-1997, Section 8, is required in the contract documents and critical smoking facility systems testing results must be included in the building commissioning plan and report or as a separate document. Value Implications: Schedule should be considered for the tracer gas test for smoking rooms.
December 2003
5.0
5.3
Carbon Dioxide Monitoring

LEED V2.1 EQ C1: 1 point possible
Intent: Provide capacity for indoor air quality (IAQ) monitoring to help sustain long-term occupant comfort and well-being. Recommendations: Install a permanent carbon dioxide (CO2) monitoring system that provides feedback on space ventilation performance in a form that affords operational adjustments. Refer to the CO2 differential for all types of occupancy in accordance with ASHRAE 62-2001, Appendix D. This monitoring system will be most effective for buildings with highly variable occupancies, such as terminal buildings. Technology / Strategy Current Practice Design Recommendations Design HVAC systems for terminal buildings with carbon dioxide monitoring sensors in each space and integrate these sensors with the building automation system (BAS). Provide for real-time control of terminal unit (VAV box) flowrates and total outdoor air flowrates based on carbon dioxide levels. Design Guidelines Value Implications: Increased first cost for systems installation Decreased operations cost due to reduced energy required for conditioning outdoor air. Increased occupant comfort and productivity.
December 2003
5.0
5.4
Ventilation Effectiveness
Intent: Provide for the effective delivery and mixing of fresh air to support the safety, comfort and well being of building occupants. Recommendations: For mechanically ventilated buildings, design ventilation systems that result in an air change effectiveness (ac) greater than or equal to 0.9 as determined by ASHRAE 1291997. For naturally ventilated spaces demonstrate a distribution and laminar flow pattern that involves not less than 90% of the room or zone area in the direction of air flow for at least 95% of hours of occupancy. Technology / Strategy Current Practice Design Recommendations Select and place air diffusers for all mechanically ventilated spaces, particularly office and terminal spaces, following the recommended design approaches in the ASHRAE 2001 Fundamentals, Chapter 32, Space Air Diffusion. Design Guidelines Increase air change effectiveness using the following strategies: o Displacement ventilation in terminal areas. o Underfloor air distribution in office areas. o Operable windows and skylights in cargo buildings. Increase air movement in cargo facilities with ceiling fans. Install trickle ventilators in cargo facilities to provide natural winter ventilation. Install relief vents or operable skylights in cargo facilities to provide stack effect natural ventilation. Value Implications: Increased occupant comfort and productivity.
December 2003
5.0
5.5
Construction IAQ Management Plan

LEED V2.1 EQ C3.1 & EQ C3.2: 2 points possible
Intent: Prevent indoor air quality problems resulting from the construction process in order to help sustain the health, comfort and well-being of construction workers and building occupants. Recommendations: Develop and implement an Indoor Air Quality (IAQ) Management Plan for the construction and pre-occupancy phases of the building. Technology / Strategy Current Practice Design Recommendations During construction meet or exceed the recommended Design Approaches of the Sheet Metal and Air Conditioning National Contractors Association (SMACNA) IAQ Guideline for Occupied Buildings under Construction, 1995, Chapter 3. Protect stored on-site or installed absorptive materials from moisture damage. Do not operate air-handling equipment during construction. Sequence the installation of materials to avoid contamination of absorptive materials such as insulation, carpeting, ceiling tile and gypsum wallboard. If air handlers are used during construction, filtration media with a Minimum Efficiency Reporting Value (MERV) of 8 must be used at each return air grill, as determined by ASHRAE 52.2-1999. Replace all filtration media immediately prior to occupancy. Filtration media shall have a Minimum Efficiency Reporting Value (MERV) of 13, as determined by ASHRAE 52.2-1999 for media installed at the end of construction. Design Guidelines After construction ends and prior to occupancy, conduct a two-week building flush out with 100% outside air. Value Implications Reduced risk of occupant comfort and health complaints. Increased productivity and occupant comfort. Reduced risk of harm to construction workers during construction. Sequenced material installation and building flush out may affect schedules. Moderate general condition costs for administering IAQ Management Plan
December 2003
5.0
5.6
Low Emitting Materials

LEED V2.1 EQ C4.1, EQ C4.2, EQ C4.3, & IEQ C4.4: 4 points possible
Intent: Reduce the quantity of indoor air contaminants that are odorous, potentially irritating and/or harmful to the health, comfort and well being of installers and occupants. Recommendations: For Adhesives and Sealants the VOC content used must be less than the current VOC content limits of South Coast Air Quality Management District (SCAQMD) Rule #1168, AND all sealants used as fillers must meet or exceed the requirements of the Bay Area Air Quality Management District Regulation 8, Rule 51. For interior paints and coatings VOC emissions must not exceed the VOC and chemical component limits of Green Seals Standard GS-11 requirements. For carpet systems VOC emissions must meet or exceed the requirements of the Carpet and Rug Institutes Green Label Indoor Air Quality Test Program. Composite wood and agrifiber must contain no added urea-formaldehyde resins. Technology / Strategy Current Practice Design Recommendations Specify Low-VOC adhesives and sealants. Specify Low-VOC field applied paints and coating. Specify Low-VOC carpet systems. Ensure that VOC limits are clearly stated where carpet systems are addressed. Be attentive to carpet installation requirements. Specify wood and agrifiber products with no added urea-formaldehyde resins. Design Guidelines Specify that all shop finished material meet the VOC emission requirements. Materials to consider are: o Primed steel o Finished metals including aluminum o Finished millwork o Finished steel and wood doors and windows Value Implications: Increased occupant comfort and productivity. Procurement lead-time considerations should be researched.
December 2003
5.0
5.7
Indoor Chemical & Pollutant Source Control

Intent: Avoid exposure of building occupants to potentially hazardous chemicals that adversely impact air quality. Recommendations: Design to minimize pollutant cross-contamination of regularly occupied areas: Technology / Strategy Current Practice Design Recommendations Employ permanent entryway systems (grills, grates, etc.) to capture dirt, particulates, etc. from entering the building at all high volume entryways. Where chemical use occurs (including housekeeping areas and copying/printing rooms), provide segregated areas with deck to deck partitions with separate outside exhaust at a rate of at least 0.50 cubic feet per minute per square foot, no air re-circulation and maintaining a negative pressure. Provide drains plumbed for appropriate disposal of liquid waste in spaces where water and chemical concentrate mixing occurs. Select finish materials and assemblies that resist mold growth. Designate central locations in terminal and office buildings for storage of concentrated cleaning chemicals and other pollutant sources. Install permanent architectural entryway systems such as grills or grates to prevent occupant-borne contaminants from entering the building. Design Guidelines Design separate exhaust and plumbing systems for rooms or areas with contaminants to achieve physical isolation from the rest of the building. Encourage the use of electric vehicle uses in indoor cargo facilities Value Implications: Increased productivity and employee retention. Reduced cleaning costs due to control of airborne particulates at the source.
December 2003
5.0
5.8
Controllability of Systems
Intent: Provide a high level of thermal and ventilation system control by individual occupants or specific groups in multi-occupant spaces to promote the health, productivity, comfort and well being of users. Recommendations: Provide controls for each individual in office spaces for airflow, temperature and lighting of the occupied space, and for the occupants in non-perimeter, regularly occupied areas. Provide areas with varying indoor conditions in terminals, allowing passengers to choose an area whose conditions best match their needs. Technology / Strategy Current Practice Design Recommendations Tie lighting in public areas of terminals to flight schedules. Design terminal areas to provide a variety of levels of light and sound in different areas simultaneously. Provide operable windows in areas that are not noise-sensitive, such as cargo buildings. Provide task lighting or more light switching zones in office areas. Design Guidelines Provide underfloor air distribution systems with individual diffusers for office spaces. Value Implications: Increased productivity and employee retention. Increased passenger comfort in terminal facility.
December 2003
5.0
5.9
Thermal Comfort
Intent: Provide a thermally comfortable environment that supports the productivity and well being of building occupants. Recommendations: Comply with ASHRAE Standard 55-1992, Addenda 1995, for thermal comfort standards including humidity control within established ranges per climate zone. For naturally ventilated buildings, utilize the adaptive comfort temperature boundaries, using the 90% acceptability limits as defined in the California High Performance Schools (CHPS) Best Practices Manual, Appendix C A Field Based Thermal Comfort Standard for Naturally Ventilated Buildings, Figure 2. Install a permanent temperature and humidity monitoring system configured to provide operators control over thermal comfort performance and the effectiveness of humidification and/or dehumidification systems. Technology / Strategy Current Practice Design Recommendations Design Guidelines Provide ceiling fans or natural ventilation to increase air movement in cargo spaces. Provide humidification in HVAC systems serving office and terminal areas. For spaces with humidification, install humidistats in addition to thermostats. Value Implications: Increased productivity and employee retention. Improved respiratory health for spaces with humidification.
December 2003
5.0
5.10 Daylight & Views

LEED V2.1 EQ C8.1 & EQ C82: 2 points possible
Intent: Provide for the building occupants a connection between indoor spaces and the outdoors through the introduction of daylight and views into the regularly occupied areas. Recommendations: Achieve a minimum Daylight Factor (as defined by LEED 2.1) of 2% (excluding all direct sunlight penetration) in 75% of all space occupied for critical visual tasks. Achieve direct line of sight to vision glazing for building occupants in 90% of all regularly occupied spaces. Spaces excluded from these requirements include copy rooms, storage areas, mechanical plant rooms, laundry and other low occupancy support areas. Other exceptions for spaces where tasks would be hindered by the use of daylight and will be considered by the OMP on their merits. Technology / Strategy Current Practice Evaluate building design to maximize interior daylight. Consider: o Building orientation o Shallow floor plates o Increased building perimeter o Floor-to-ceiling heights o Ceiling configurations Design the building to maximize view opportunities. Design Recommendations Provide sky or clerestory lighting as appropriate in cargo facilities. Coordinate daylight strategy with BAS and lighting control system. Design Guidelines Provide exterior and interior permanent shading devices Provide spectrally selective glazing to maximize daylight while minimizing heat gain. Provide photo-integrated light sensors to dim artificial lights. Predict daylighting via calculations or model daylighting strategies to assess footcandle levels and daylight factors achieved. Value Implications: Decreased operating costs due to energy savings in lighting use. Increased productivity.
December 2003
5.0
5.11 Fuel Vapor Monitoring

LEED V2.1 possible ID credit: 1 points possible
Intent: Limit exposure of airport visitors and employees to fuel vapors. Recommendations: Require fuel vapor monitoring systems in sub-grade wells near terminal buildings and other public areas, per existing NFPA requirements. Technology / Strategy Current Practice Install remote monitoring systems for detection of fuel vapors. Design Recommendations Design Guidelines Value Implications: Improved employee and passenger comfort, well-being and health.
December 2003
5.0
5.12 Noise Transmission

LEED V2.1 possible ID credit: 1 of 4 points possible
Intent: Limit noise levels in noise-sensitive spaces such as terminals and office spaces. Recommendations: Require predicted noise levels in terminal areas and office spaces to be below a threshold criterion, such as NC 40. Technology / Strategy Current Practice Design Recommendations Place glazing and other noise transmission surfaces away from the most noisesensitive spaces, such as private offices. Orient buildings such that glazed surfaces are not directed toward noise sources. Design Guidelines Specify laminated glazing to reduce noise transmission. Value Implications: Increased employee productivity. Increased passenger comfort.
December 2003
6.0
Facility Operations
6.1
Maintenance Equipment
Intent: Minimize the environmental impact of maintenance for OHare facilities Recommendations: Develop facility operational programs to eliminate toxic housekeeping agents and practices. Technology / Strategy Current Practice Design Recommendations During design, evaluate required maintenance procedures for materials and systems specified with attention to disposal requirements and indoor environmental quality. Operation and maintenance manuals should specify environmentally friendly cleaning products and processes for installed systems and products. Review maintenance and janitorial program to eliminate toxic agents in favor of more environmentally friendly choices. Design Guidelines Value Implications: Increased occupant health and productivity. Reduced health risk.
December 2003
6.0
Facility Operations
6.2
Furniture, Fixtures & Equipment

Intent: Reduce the use of furniture and equipment that may release indoor air contaminants, which might be harmful to installer and occupant health, comfort and well-being. Reduce energy use of Owner-installed equipment Recommendations: Select recycled wood furniture. Select green furniture. Install EnergyStar equipment. Technology / Strategy Current Practice Design Recommendations Specify and install recycled furniture. Select furniture systems that are Greenguard certified. Specify and install EnergyStar appliances and computers. Design Guidelines Value Implications: No additional cost can be expected for specifying furniture, fixtures and equipment that meets these requirements. Indoor environmental quality is improved. Operational cost savings due to reduced energy consumption.
December 2003
6.0
Facility Operations
6.3
Exterior Pest Management Program

Intent: Minimize the environmental impact of pest control measures. Recommendations: Design with consideration toward environmentally benign pest management procedures. Technology / Strategy Current Practice Design Recommendations Establish a non-toxic pest control program Design Guidelines Value Implications: Reduced health risk to employees and travelers.
December 2003
6.0
Facility Operations
6.4
Brownfield Prevention Program

Intent: Minimize or eliminate environmental site pollution and contamination from facility operations. Recommendations: Work with the OMP to create and implement a Brownfield Prevention Program developed with the explicit purpose of implementing strategies for environmental site pollution prevention and waste minimization. Technology / Strategy Current Practice Design Recommendations Establish procedures and practices aimed at preventing the environmental contamination of the OHare properties. Create a Brownfield Prevention Program implementing strategies for pollution prevention and waste minimization. Evaluate solid and fluid waste containment methods and disposal protocols and design to support no or minimal site contamination. Design Guidelines Value Implications: Reduced health risk to employees and travelers.
December 2003
6.0
Facility Operations
6.5
Exterior Air Quality

Design team should reference current OMP & OHare requirements. This section is included to assist with the cataloguing of all the sustainable efforts.
December 2003
6.0
Facility Operations
6.6
Noise and Acoustical Quality

Design team should reference current OMP & OHare requirements. This section is included to assist with the cataloguing of all the sustainable efforts.
December 2003
7.0
OMP Intertask Resource Coordination
7.1
Salvaged Materials and Resources

Intent: Establish procedures, which make salvaged resources available to other OMP projects and the regional construction community. Recommendations: Establish procedures for materials salvaging with the goal that resources can continue to be used at their highest use (not down-sourced). Technology / Strategy Current Practice Design Recommendations Identify salvageable materials. This should include an analysis of both structures and site furnishings such as site lighting and fencing. Advertise for salvage activities of materials from construction site prior to, in coordination with demolition activities. Design Guidelines Create a public information site to list salvaged materials from construction site to offer for sale or donation. Value Implications: Diverts greater percentage of materials from waste stream/landfills. Potential revenue source. Cost reduction from reduced landfill tickets.
December 2003
7.0
OMP Intertask Resource Coordination
7.2
Planning for Deconstruction

Intent: Design with consideration toward the building or structure disassembly so that resources can be reused when they have outlived their usefulness at OHare. Recommendations: Evaluate potential reuse of building components and detail for disassembly. Technology / Strategy Current Practice Design Recommendations Evaluate potential future uses for the structure and building components. Consider the future value of materials and systems during selection. Use homogenous material whenever possible. Detail connections for disassembly. Provide a flexible structural system. Value Implications: Disassembled buildings are resources.
December 2003
8.0
OMP Construction Practices
8.1 8.2 8.3 8.4
Reference 1.1 Erosion and Sedimentation Control Reference 3.1 Systems Commissioning Reference 4.3 Construction Waste Management Reference 5.5 Construction IAQ Management Plan
December 2003
8.0
8.5
Clean Fuel Construction Vehicles

Intent: Improve the exterior air quality during construction. Recommendations: Require that a portion of the construction vehicle fleet be clean fuel vehicles and/or incorporate clean air technologies. Technology / Strategy Current Practice Design Recommendations Require construction vehicles that use high technology diesel emissions traps Require construction vehicles to use ultra low sulfur diesel (ULSD). Require construction vehicles that use clean fuel engines in lieu of diesel. Require all construction vehicles to limit idle times Consider fitting particulate filters on any vehicle that will be on site for more than 6 months. Design Guidelines Value Implications: Any cost implication would be embedded in construction bid numbers. On a project of this size, the cost could be better absorbed and a market for these types of vehicles created.
December 2003
8.0
8.6
Alternative Transportation During Construction

Intent: Minimize the amount of truck and vehicle traffic onto the construction site. Recommendations: Develop a staging and transportation strategy that transports construction workers to the site through bussing, or other methods of mass transportation. Technology / Strategy Current Practice Design Recommendations Plan for coordinated, staged private vehicle parking during construction. Require a transportation plan for mass transportation to and from the construction site. Include bike racks at staging locations. Design Guidelines Value Implications: Reduce cross-airport construction traffic and mitigate noise and air pollution. Potential advantage to security measures.
December 2003
8.0
8.7
Construction Materials Conveying

Intent: Minimize the amount of truck and vehicle traffic onto the construction site. Recommendations: Evaluate an automatic materials conveyance system as a method of bringing materials into the construction site. Technology / Strategy Current Practice Design Recommendations Request that contractors consider the use of a conveyor in logistics and staging plans in pre-construction reviews. Design Guidelines Value Implications: Reduce cross-airport construction traffic and mitigate noise and air pollution. Potential advantage to security measures.
December 2003
8.0
8.8
Construction Noise and Acoustical Quality

Intent: Improve the exterior noise quality during construction. Recommendations: Develop construction standards, which limit and reduce construction-generated noise. Technology / Strategy Current Practice Design Recommendations Require contractors to submit sound reduction construction plans to mitigate unwanted construction noise. Require mufflers on all construction equipment Establish construction vehicle speed limits Design Guidelines Value Implications: Abates exterior noise during construction. Limited operational hours could result in additional construction costs.
December 2003
8.0
8.9
Construction Equipment Maintenance

Intent: Minimize the environmental impact of site construction activities Recommendations: Develop construction operational programs to eliminate toxic agents and practices. Technology / Strategy Current Practice Design Recommendations Require contractors to submit pre-construction plan to recycle oil and use environmentally friendly maintenance agents during construction. Design Guidelines Value Implications: Increased occupant health and productivity. Reduced health risk.
December 2003
Appendix OMP Sustainable Design Categories Summary
Potential LEED V2.1 Points
Civil - Airside
Sustainable Design Categories & Issues
1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 2.0 2.1 2.2 2.3 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7
Sustainable Site Management Erosion & Sedimentation Control Brownfield Redevelopment Alternative Transportation, Public Transportation Access Alternative Transportation, Bicycle Storage & Changing Rooms Alternative Transportation, Alt. Fuel Vehicles & Parking Capacity Stormwater Management, Rate and Quantity Stormwater Management, Treatment Landscape & Exterior Design to Reduce Heat Islands, Non-Roof Landscape & Exterior Design to Reduce Heat Islands, Roof Light Pollution Reduction Water Efficiency Water Efficient Landscaping Innovative Wastewater Technologies Water Use Reduction Energy & Atmosphere Systems Commissioning Minimum Energy Performance CFC Reduction Optimize Energy Performance Renewable Energy Measurement & Verification Green Power Materials & Resources Storage & Collection of Recyclables Structure & Building Reuse Construction Waste Management Recycled Content Local/Regional Materials Rapidly Renewable Materials Certified Wood
Pre 1 1 1 1 1 1 1 1 1 2 1 2 1 Pre 2 10 3 1 1 Pre 3 2 2 2 1 1
Page 1 of 2
December 2003
Unoccupied Buildings
Occupied Buildings
Civil Landside
Appendix OMP Sustainable Design Categories Summary
Potential LEED V2.1 Points
Civil - Airside
Sustainable Design Categories & Issues
5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 6.0 6.1 6.2 6.3 6.4 6.5 6.6 7.0 7.1 7.6 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9
Indoor Environment Quality Minimum Indoor Air Quality ( IAQ) Performance Environmental Tobacco Smoke (ETS) Control Carbon Dioxide (CO2 ) Monitoring Ventilation Effectiveness Construction IAQ Management Plan Low-Emitting Materials Indoor Chemical & Pollutant Source Control Controllability of Systems Thermal Comfort Daylight & Views Fuel Vapor Monitoring Noise Transmission O'Hare Facility Operations Maintenance Equipment Furniture, Fixtures & Equipment Exterior Pest Management Program Brownfield Prevention Program Exterior Air Quality Noise and Acoustical Quality OMP Intertask Resource Coordination Salvaged Materials and Resources Planning for Deconstruction OMP Construction Practices Reference 1.1 - Erosion and Sedimentation Control Reference 3.1 - Systems Commissioning Reference 4.3 - Construction Waste Management Reference 5.5 - Construction IAQ Management Plan Clean Fuel Construction Vehicles Alternative Transportation, During Construction Construction Materials Conveying Construction Noise and Acoustical Quality Construction Equipment Maintenance
Pre Pre 1 1 2 4 1 2 2 2
Page 2 of 2
December 2003
Unoccupied Buildings
Occupied Buildings
Civil Landside
Appendix - OMP Sustainable Design Evaluation
Project/Task: Date: Issue Verified Met (%) Goals
1.1 - Erosion & Sedimentation Control Develop an erosion and sediment control strategy plan Incorporate temporary sedimentation basins, temporary ditch checks, diversion dikes, temporary ditches, pipe slope drains into the construction plans. Establish temporary and permanent seeding plans. Monitor water quality impacts before and during construction. Develop an inventory of topsoil for potential re-use. Develop a policy to chip or compost all vegetation for re-use on site. 1.2 - Brownfield Redevelopment Develop and implement a site remediation plan using strategies such as pump-and-treat, bioreactors, land forming and on-site remediation. Remediation would meet the standards identified in the Illinois Tiered Approach to Corrective Action (TACO). 1.3 - Alternative Transportation Public Transportation Access Work with the OMP to plan for and implement strategies aimed at reducing parking needs and improving efficiency of access. Design with support for incentives to employees to use public transportation. Evaluate consolidation of rental car facilities and mini-bus transportation to minimize congestion on terminal roads. Evaluate development of satellite check-in facilities (downtown and suburban locations) to minimize congestion on terminal access roads and encourage use of public transportation. 1.4 - Alternative Transportation Bicycle Storage & Changing Rooms Provide safe bicycle lanes/paths. Provide a centralized facility(s) for secure bicycle storage with convenient changing/shower areas. Provide incentives to employees to bike to work. 1.5 - Alternative Transportation Alternative Fuel Vehicles & Parking Capacity Design to enhance and support OHares existing programs for alternative fuel vehicles within the airport operations Increase use of alternative fuel vehicles for airport operations particularly indoor cargo operations. Provide preferred parking for staff and public alternative fuel vehicles. Install alternative fuel refueling stations for public use. Provide preferred parking for vanpools and carpools for staff. Plan for the development of preferred parking and/or lot locations for rental fleets, which offer alternative fuel rental vehicles.
Page 1 of 11
December 2003
1.6 - Stormwater Management, Rate & Quantity Evaluate pervious pavements for roadways, shoulders, non-traffic pavements, maintenance roads, utility yards, airside and landside parking facilities. Evaluate landscaping and plant materials to reduce runoff. Evaluate curb breaks and drainage ditches, and/or bioswales. Evaluate the use of green roof systems. Evaluate rainwater cisterns for landside irrigation. 1.7 - Stormwater Management, Treatment Evaluate Best Management Practices outlined in Chapter 4, Part 2 (Urban Runoff), on the United States environmental Protection Agencys Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, January 1993 (document No EPA-840-B-92-002. Evaluate first flush systems including slotted edge drains connected to underground holding tanks. Evaluate detention basins, detention ditches, ditch checks and other BMPs for effective first flush treatment. Evaluate bioswales along roadways and parking areas to encourage groundwater infiltration of stormwater runoff. On airside projects, these strategies should not encourage animal habitat. Minimize current treatment of all stormwater at OHare by reducing runoff. Evaluate and develop collection systems for de-icing runoff. 1.8 - Landscape & Exterior Design to Reduce Heat Islands, Non-Roof Maximize light colored/high albedo pavement, for roadways, parking lots, sidewalks and plaza areas. For Landside projects, evaluate the installation of trees to provide shade within 5 years for at least 30% of dark colored impervious surfaces. Evaluate structured parking. Evaluate open grid pavement. 1.9 - Landscape & Exterior Design to Reduce Heat Islands, Roof Utilize an ENERGY STAR compliant roofing system. Evaluate a green vegetated roof. 1.10 - Light Pollution Reduction Evaluate site lighting criteria. Minimize site lighting where possible Monitor maximum candela value of all interior lighting Monitor maximum candela value of all exterior lighting. 2.1 - Water Efficient Landscaping Do not install an irrigation system. Utilize native vegetation for site use. Perform a soil and climate analysis Evaluate stormwater and/or greywater cisterns. 2.2 - Innovative Wastewater Technologies Use High-efficiency fixtures and valves. Utilize fixtures such as dual flush toilets and waterless urinals. Evaluate reusing stormwater for non-potable uses. Evaluate capturing greywater for sewage conveyance or on-site wastewater treatment systems.
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December 2003
2.3 - Water Use Reduction Evaluate high-efficiency fixtures and valves. Evaluate dry fixtures such as composting toilets and waterless urinals. Evaluate using reclaimed water for cooling tower makeup. Evaluate pulsed-power electromagnetic water treatment, ultraviolet treatment, or ozone treatment for cooling tower water. Establish a water supply system that supports vehicle maintenance without the use of potable water. 3.1 - Systems Commissioning Review the design intent and the basis of design documentation. Incorporate commissioning requirements into the construction documents. Develop and utilize a commissioning plan. Verify installation, functional performance, training, operations and maintenance documentation. Complete a commissioning report. Provide the owner with a single manual that contains the information required for recommissioning systems. Engage a commissioning team. Evaluate commissioning requirements for the following high priority, high energy consuming systems. Central Building Automation system All HVAC system equipment Lighting controls and sensors Site Lighting Refrigeration systems Vertical Transport Building Envelope Evaluate commissioning requirements for the following lower priority, low energy consuming systems. Emergency Power Generators and Automatic Transfer Switching Uninterruptible Power Supply systems Life Safety systems; Fire protection Fire alarm, Egress pressurization Lightning Protection Domestic and Process water pumping and mixing systems Equipment sound control systems Data and Communication systems Paging systems Security systems Irrigation systems Plumbing 3.2 - Minimum Energy Performance Meet the Chicago Energy Conservation Code. Design all buildings to comply with ASHRAE/IESNA Standard 90.1-1999. For Runways, Civil/Stormwater and Roadways/Rail, design site systems to comply with ASHRAE/IESNA Standard 90.1-1999.
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3.3 - CFC Reduction Specify new base building HVAC equipment that uses no CFC or HCFC refrigerants. When reusing existing HVAC systems, conduct an inventory to identify equipment that uses CFC and HCFC refrigerants and adopt a replacement schedule for these refrigerants. 3.4 - Optimize Energy Performance Use a computer simulation model to assess energy performance and identify the most cost effective energy measures. Provide high-efficiency motors and systems. Provide energy efficient lighting systems. Evaluate organizing circuiting of lighting and building systems so that individual areas may be separately controlled. Evaluate building orientation for passive solar/daylight penetration. Evaluate architectural features for daylighting and glare. Evaluate motion sensors in stairs, toilets, storage & equipment rooms. Evaluate and provide Energy Star compliant equipment and appliances Provide appropriate training for the operations and maintenance. Evaluate and control air infiltration through all exterior openings. Quantify energy performance compared to the baseline building and provide a summary report to the OMP. The following technologies and strategies should be evaluated for Building/Structures: Cogeneration for terminals and concourses. Energy efficiency upgrades to relocated facilities. Use LED exit signs in buildings. Provide daylight harvesting control systems. Optimize lighting controls. Integrate lighting systems with BAS. Use high performance glazing and window systems. Evaluate underfloor air distribution systems. Evaluate levels of insulation and thermal mass. Utilize premium efficiency motors. Ground-source heat pumps For runways evaluate LED lighting and signals For Civil/Stormwater and Roadways/Rail evaluate LED lighting and signals Investigate non-electrified snowmelt procedures, including Hydronic runway pavement for snowmelt and Epoxy overcoat with glycol for controlling snow on runways. Evaluate cogeneration for tasks/projects and for coordinated intra-task/project power requirements. 3.5 - Renewable Energy Evaluate and implement as applicable discrete photovoltaic power source for outlying equipment, ancillary buildings, and parking and site lighting. Evaluate solar hot water pre-heat. Evaluate solar trombe-walls for passive solar heating. Evaluate building-integrated photovoltaics. Evaluate fuel cells.
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3.6 - Measurement & Verification Evaluate the installation of continuous metering equipment for the following: Lighting systems and controls Constant and variable motor loads Variable frequency drive (VFD) operation Chiller efficiency at variable loads (kW/ton) Cooling load Air and water economizer and heat recovery cycles Air distribution static pressures and ventilation air volumes Boiler efficiencies Building-related process energy systems and equipment Indoor water risers and outdoor irrigation Develop a Measurement and Verification plan that incorporates the monitoring information from the above end-uses and is consistent with Option B, C or D of the 2001 International Performance Measurement & Verification Protocol (IPMVP) Volume I: Concepts and Options for Determining Energy and Water Savings. Investigate whether these facilities will be included in the City of Chicagos Global Building Monitoring System. Draft a Measurement & Verification Plan 3.7 - Green Power Determine the City of Chicagos Green Power requirements for the task/project and investigate opportunities to engage in a green power contract with the utility. 4.1 - Storage & Collection of Recyclables Incorporate collection rooms for recycling. Coordinate recyclable waste collection with hauler capability. Evaluate the following waste for recycling: Aluminum Glass Paper, newspapers, magazines and cardboard Carpet Food Waste Gas & oil filters Motor oil and Anti-freeze Scrap metal Batteries Light bulbs Toner cartridges Tires Electrical wiring Electronics including monitors Deicing fluid Instruct users and occupants on recycling procedures. Evaluate cardboard balers, aluminum can crushers, recycling chutes and other technologies. 4.2 - Structure & Building Reuse Evaluate relocation of existing structures for reuse. Evaluate reuse of existing runway and infrastructure.
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4.3 - Construction Waste Management Develop a balanced earthwork plan Adopt a construction waste management plan. Evaluate (at a minimum) the following waste for recycling: land-clearing debris cardboard metal brick concrete asphalt plastic clean wood glass gypsum wallboard carpet insulation Require haulers to cover truck beds, Identify project waste that is a resource to another project such as: Concrete Asphalt Land clearing debris Small ancillary buildings or structures Building components Designate a specific site area for recycling. Track recycling efforts throughout the construction process. Evaluate subcontractor materials practices for refused or rejected material. Coordinate with salvaged materials efforts. 4.4 - Recycled Content Establish a project goal for recycled content materials. Consider the following major building components: Aggregate in cast in place concrete Fly-ash in cast in place concrete Aggregate in pre-cast concrete I Fly-ash in pre-cast concrete Bituminous concrete pavement Unit pavers Steel reinforcement Structural steel Miscellaneous steel Steel fencing and furnishings Unit masonry Ductile iron pipe Aluminum products Site generated broken concrete for gabions Railroad rails Railroad ties Railroad track base material
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Steel doors and frames Aluminum doors and windows Plaster Terrazzo Acoustical ceilings Drywall Finish flooring including carpet, resilient flooring and terrazzo Toilet and shower compartments Special finishes Equipment Sheet metal ductwork Site Lighting Ensure that the specified materials are installed. 4.5 - Local/Regional Materials Establish a regional extraction, harvesting, or recovering goal. Evaluate the following materials for contributions to this goal: Concrete Asphalt Structural steel Masonry Post-industrial recycled gypsum wallboard Storm system concrete pipe of all sizes Manholes and handholes Electrical ductbanks Cable Gas and water piping Rail tracks Rail ties Rail ballast Landscape material and seed For buildings, specify MEP equipment and components that meet goals. Ensure that the specified local materials are installed. 4.6 - Rapidly Renewable Materials Establish a rapidly renewable materials goal. Consider temporary construction materials. Evaluate the following materials for contributions to this goal: Formwork, temporary construction and underlayment Poplar OSB Straw board or agriboard Bamboo flooring Cork Wool carpets and fabrics Cotton-batt insulation Linoleum flooring Sunflower seed board Wheat grass or Straw board cabinetry and others. Ensure specified rapidly renewable materials are installed.
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4.7 - Certified Wood Establish a FSC certified wood products goal. Specify construction materials; finish products, and temporary construction materials that meet the goal. Evaluate temporary construction materials that may be applicable. Ensure that the FSC-certified wood products are installed 5.1 - Minimum Indoor Air Quality Performance Identify potential IAQ problems on the site and locate air intakes away from contaminants, including loading areas, exhaust fans, and cooling towers. Locate air intakes for protection from potential attacks. Meet the ventilation requirements of the referenced standard. Evaluate carbon or electrostatic filters. Provide a security monitoring for outdoor air intakes for terminal buildings. 5.2 - Environmental Tobacco Smoke Control Prohibit smoking in the public areas of buildings and locating any exterior designated smoking areas away from entries and operable windows Require all parts of the construction sites to be non-smoking. Work with unions in privately leased cargo spaces to designate these areas as nonsmoking. Consider providing a designated smoking room designed to effectively contain, capture and remove ETS from the building. 5.3 - Carbon Dioxide Monitoring Evaluate HVAC systems for terminal buildings with carbon dioxide monitoring sensors in each space and integrate these sensors with the building automation system (BAS). Provide for real-time control of terminal unit (VAV box) flowrates and total outdoor air flowrates based on carbon dioxide levels. 5.4 - Ventilation Effectiveness Select and place air diffusers for all mechanically ventilated spaces, particularly office and terminal spaces, following the recommended design approaches in the ASHRAE 2001 Fundamentals, Chapter 32, Space Air Diffusion. Increase air change effectiveness using: Displacement ventilation in terminal areas. Underfloor air distribution in office areas. Operable windows and skylights in cargo buildings. Increase air movement in cargo facilities with ceiling fans. Evaluate trickle ventilators in cargo facilities. Evaluate relief vents or operable skylights in cargo facilities. 5.5 - Construction IAQ Management Plan During construction meet or exceed the recommended Design Approaches of the Sheet Metal and Air Conditioning National Contractors Association (SMACNA) IAQ Guideline for Occupied Buildings under Construction, 1995, Chapter 3. Protect stored on-site or installed absorptive materials from moisture damage.
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As much as possible, do not operate air-handling equipment during construction. Sequence the installation of materials to avoid contamination. If air handlers are used during construction, filtration media with a Minimum Efficiency Reporting Value (MERV) of 8 must be used at each return air grill, as determined by ASHRAE 52.2-1999. Replace all filtration media immediately prior to occupancy. Evaluate conducting a two-week building flush out with 100% outside air. 5.6 Low Emitting Materials Evaluate Low-VOC adhesives and sealants. Evaluate Low-VOC field applied paints and coating. Evaluate Low-VOC carpet systems. Evaluate wood and agrifiber products with no added urea-formaldehyde resins. Evaluate that all shop finished material meet the VOC emission requirements. Materials to consider are: Primed steel Finished metals including aluminum Finished millwork Finished steel and wood doors and windows 5.7 - Indoor Chemical & Pollutant Source Control Evaluate drains plumbed for appropriate disposal of liquid waste Evaluate finish materials and assemblies that resist mold growth. Evaluate designating central locations in terminal and office buildings for storage of concentrated cleaning chemicals and other pollutant sources. Evaluate separate exhaust and plumbing systems for rooms/areas with contaminants. Encourage use electric vehicle uses in indoor facilities 5.8 - Controllability of Systems Evaluate tying lighting in public areas of terminals to flight schedules. Consider designing terminal areas with a variety of light and sound levels. Evaluate operable windows in areas that are not noise-sensitive. Evaluate task lighting or more light switching zones in office areas. Evaluate underfloor air distribution systems with individual diffusers in office areas. 5.9 - Thermal Comfort Evaluate ceiling fans or natural ventilation in cargo spaces. Evaluate humidification in HVAC systems serving office and terminal areas. For spaces with humidification, install humidistats. 5.10 - Daylight & Views Evaluate maximizing interior daylight. Consider: Building orientation Shallow floor plates Increased building perimeter Floor-to-ceiling heights Ceiling configurations Design the building to maximize view opportunities. Provide sky or clerestory lighting as appropriate in cargo facilities. Coordinate daylight strategy with BAS and lighting control system. Provide exterior and interior permanent shading devices
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Provide spectrally selective glazing to maximize daylight while minimizing heat gain. Provide photo-integrated light sensors to dim artificial lights. Predict daylighting via calculations or model daylighting strategies to assess footcandle levels and daylight factors achieved. 5.11 - Fuel Vapor Monitoring Evaluate installing remote monitoring systems for detection of Jet A vapors. 5.12 - Noise Transmission Place glazing and other noise transmission surfaces away from the most noisesensitive spaces. Evaluate building orientation such that glazed surfaces are not directed toward noise. Specify laminated glazing to reduce noise transmission. 6.1 - Maintenance Equipment Evaluate required maintenance procedures. Evaluate materials and systems for environmentally sound maintenance. Ensure that operation and maintenance manuals specify environmentally friendly cleaning products and processes. 6.2 - Furniture, Fixtures & Equipment Evaluate recycled furniture. Evaluate furniture systems that are Greenguard certified. Evaluate EnergyStar appliances and computers. 6.3 - Exterior Pest Management Program Establish a non-toxic pest control program 6.4 - Brownfield Prevention Program Evaluate procedures and practices to prevent environmental contamination of OHare properties. Assist in the creation of a Brownfield Prevention Program. Evaluate solid and fluid waste containment methods and disposal protocols and design to support minimal or no site contamination. 6.5 - Exterior Air Quality 6.6 - Noise and Acoustical Quality 7.1 - Salvaged Materials and Resources Evaluate salvageable materials. Advertise for salvage activities prior to demolition activities. Evaluate creating a public information site to list salvaged materials to offer for sale or donation. 7.2 - Planning for Deconstruction Evaluate potential future uses for the structure and building components. Consider the future value of materials and systems during selection. Evaluate using homogenous material whenever possible. Evaluate detailing connections for disassembly. Evaluate structural system for flexibility.
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8.1 8.2 8.3 8.4 8.5
- Reference 1.1 Erosion and Sedimentation Control - Reference 3.1 Systems Commissioning - Reference 4.3 Construction Waste Management - Reference 5.5 Construction IAQ Management Plan - Clean Fuel Construction Vehicles Evaluate requiring construction vehicles that use high technology diesel emissions traps Evaluate requiring construction vehicles to use ultra low sulfur diesel (ULSD). Evaluate requiring construction vehicles that use clean fuel engines in lieu of diesel. Evaluate requiring construction vehicles to limit idle times Consider fitting particulate filters on vehicles on site more than 6 months. 8.6 - Alternative Transportation During Construction Evaluate coordinated, staged private vehicle parking during construction. Evaluate and, if appropriate require, a transportation plan to and from the construction site. Evaluate including bike racks at staging locations. 8.7 - Construction Materials Conveying Request that contractors consider the use of a conveyor in logistics and staging plans in pre-construction reviews. 8.8 - Construction Noise and Acoustical Quality Evaluate a requirement that contractors to submit sound reduction construction plans to mitigate unwanted construction noise. Evaluate a requirement for mufflers on all construction equipment Establish construction vehicle speed limits 8.9 - Construction Equipment Maintenance Evaluate a requirement that contractors to submit pre-construction plan to recycle oil and use environmentally friendly maintenance agents during construction.
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Instructions for completing Checklist:

November 15, 2010 2010 City of Chicago
- see also the Sustainable Airport Manual (SAM) for more information
Richard M. Daley Mayor
Rosemarie S. Andolino Commissioner
Description 1 Fill out title information in blue at the top: CDA Division or Tenant name, additional descriptions, date submitted.
Example CDA Vehicle Services Annual Sustainability Review 3/12/2011 If the credit requirements for SAM Credit 1.7 Landscape Management are met, then insert a 1 under the Points Obtained column. For SAM Credit 1.1 Prerequisite 1 - Equipment Maintenance, insert a "Y" or "Yes" in the "Points Obtained" column to indicate compliance with the prerequisite.
2 For those credits that were achieved, indicate this by putting the appropriate point in the Points Obtained column. Note that for Prerequisite credits, no point is achieved as these are the minimum performance requirements for sustainability under the SAM. For prerequisites, insert a "Yes" for those that are applicable (some prerequisites may not apply for all tenants).
3 In the "Narrative" column, describe the scope of work for the project relevant to this credit by replacing the Fill in scope of work phrase with the appropriate description. OR For credits that were not achieved, leave the "Points Obtained" column blank and describe the reasons for this in the "Narrative". Include any additional information such as estimated quantities and/or locations.
NOTE: Only blue text and unshaded cells may be changed by the user.
Under SAM Credit 3.3 Optimize Energy Performance: Equipment and Appliances, fill in scope of work: "A total of 89% of all ENERGY STAR eligible equipment are ENERGY STAR qualified. This includes all computers and printers, kitchen appliances, and most copiers. " Input 3 points in the "Points Obtained" column. OR Under SAM Credit 3.3 Optimize Energy Performance: Equipment and Appliances, fill in scope of work: "Due to the specialized nature of the computing equipment and peripheral equipment, only the kitchen appliances and copiers were ENERGY STAR qualified. The overall percentage of ENERGY STAR qulified equipment was only 55%. Therefore, the point was not achieved. " Leave "Points Obtained" column blank in this case. For SAM Credit 2.1 Prerequisite 1 - Establish a Water Use Baseline, submit, with this checklist, water meter data (if available) and the baseline water use based on the plumbing fixture inventory.
4 For some credits, supporting documentation, typically some form of calculations, will also need to be included, if applicable. See SAM for supporting documentation templates. In some cases, the SRP may require additional supporting documentation for the other credits during review process for clarification.
NOTE: Points cannot be awarded for those credits that require supporting documentation without the appropriate documentation.
Exhibit 10
5 SUBMIT THE ENTIRE CHECKLIST, INCLUDING SUPPORTING DOCUMENTATION, FOR EVERY PERFORMANCE PERIOD FOR REVIEW BY THE SRP.
Template 11/9/10
Sustainable Airport Manual (SAM) Operations & Maintenance Checklist

[CDA Division or Tenant Name]

[Checklist Description, Additional Information] Revised: [Revision Date]
Richard M. Daley Mayor Rosemarie S. Andolino Commissioner
POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
1.0 Administrative Procedures

AP.1 Prerequisite 1 - Green Meetings Guide meeting hosts, planners and attendees toward more eco-friendly meetings and incorporate environmental considerations into planning and conducting meetings in order to minimize the negative impact on the environment. Prerequisite 2 - Document Reduction and Recycling Initiative (DRRI) Reduce the volume paper used and facilitate the recycling of documents. Corporate Sustainability Policy Keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own corporate policy on sustainable practices. Green Procurement Policy Reduce the environmental impact of products and services by developing a Green Purchasing Program. Recycled Content Paper Reduce the need for virgin materials, energy, and waste associated with the production of paper by promoting the use of recycled content paper.
Prereq
Fill in scope of work
AP.2
Prereq
AP.3
AP.4
AP.5
POINTS OBTAINED
3
POINTS
1.0 Sustainable Sites

1.1 Prerequisite 1- Equipment Maintenance Minimize the environmental impact of construction and maintenance equipment and associated maintenance activities. LEED Certified Project Recognize environmentally sensitive building design and construction by enabling high-performance building operations to be achieved in a more efficient and straightforward manner. Exterior Facilities Management To encourage environmentally sensitive building exterior practices that provide a clean, well-maintained and safe building exterior while supporting highperformance building operations based on its original state. Hardscape Grounds Management Employ an environmentally sensitive, low-impact hardscape management process for building exterior (e.g., sidewalks, paved surfaces and other hardscape) that sustains ecological and environmental integrity while deterring wildlife and maintaining site appearance and safety. Integrated Pest Management and Wildlife Deterrence Preserve environmental integrity while discouraging the presence of pests/wildlife, in an effort to include methods that maintain and encourage highperformance pest management control. Erosion Control To address landscape operations while preserving and maintaining ecological integrity and site preservation by minimizing soil loss and preventing water pollution. Landscape Management To maintain the landscape that is aesthetically pleasing and at the same time, low maintenance, ecologically and financially sustainable yet does not compromise Airport security and aircraft safety. Alternative Commuting Transportation for Employees To reduce pollution and land development impacts from conventional automobile use for commuting trips. Stormwater Management - Landside Limit disruption of natural water hydrology by reducing impervious cover, increasing on-site infiltration, reducing or eliminating pollution from stormwater runoff, and eliminating contaminants by enhancing the current operating system. Stormwater Management - Airside Reduce airside stormwater pollutants by employing environmentally sensitive maintenance techniques within the current operating system.
18 Prereq
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9.1
1.9.2
CDA SAM Appendix OM-B - Operations Maintenance Checklist - November 9 2010 - FINAL.xls OM-B-1
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POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
1.10
1.11
POINTS OBTAINED
Heat Island Reduction To minimize impacts of existing roofs and pavements that causes the heat island effect (thermal gradient differences between developed and undeveloped areas). Light Pollution Reduction To eliminate light trespass from the building and site, improve night sky access and reduce development impact on nocturnal environments and upgrade existing lighting specifications to meet new standards.
POINTS
2.0 Water Efficiency

2.1 Prerequisite 1 - Establish a Water Use Baseline Increase water efficiency within CDA Division and tenant spaces to reduce the burden on municipal water supply and wastewater systems Retroactive Water Efficiency Recognize previous improvements and upgrades that had a positive impact on water efficiency. Indoor Water Efficiency Maximize indoor plumbing fixture and fitting efficiency to reduce the use of potable water and the burden on municipal water supplies and wastewater systems. Water Efficient Landscaping To limit or eliminate the use of potable water or other natural surface or subsurface resources available on or near the project site for landscape irrigation. Rain Harvesting for Non-Irrigation Usage Decrease the demand for potable water for non-irrigation use. Innovative Wastewater Management To reduce wastewater generation and potable water demand while increasing the local aquifer recharge. Water Efficient Vehicle Washing To limit or eliminate the use of potable water or other natural surface or subsurface resources available on or near the project site for vehicle washing.
22 Prereq
2.2
2.3
2.4
2.5 2.6
3 2
2.7
POINTS OBTAINED
4
POINTS
3.0 Energy & Atmosphere

3.1 3.2 Prerequisite 1 - Refrigerant Management To reduce stratospheric ozone depletion. Utility Meter Data Monitor, track and report utility data to reduce environmental and economic impacts associated with excessive energy use. Retroactive Energy Optimization Recognize previous tenant improvements and upgrades that had a positive impact on energy efficiency. Optimize Energy Performance: Lighting Power Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: Lighting Control Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: HVAC Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: Equipment & Appliances Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Existing Building Commissioning Through a systematic process, to develop and implement an operation of the buildings major energy-using systems and implement a no to low cost option(s) for optimizing energy performance and a plan to achieve energy savings.
47 Prereq 4
3.3
3.4.1
3.4.2
3.4.3
3.4.4
3.5
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POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
3.6.1
3.6.2
Performance Measurement: Building Automation System To provide information to support the ongoing accountability and optimization of building energy performance and identify opportunities for additional energysaving investments. Performance Measurement: System Level Metering To provide accurate energy use information to support energy management and identify opportunities for additional energy-saving improvements. On-Site and Off-Site Renewable Energy To encourage and recognize increasing levels of on-site and off-site renewable energy to reduce environmental impacts associated with fossil fuel energy use. Enhanced Refrigerant Management To reduce ozone depletion and support early compliance with the Montreal Protocol (an international agreement designed to protect from ozone depletion) while minimizing direct contributions to global warming. Emissions Reduction Reporting To document the emissions reduction benefits of building efficiency measures to better track Chicago Department of Aviations (CDA) achievements in climate-altering fossil fuel consumption and resultant emissions.
3.7
3.8
3.9
POINTS OBTAINED
POINTS
4.0 Materials & Resources

4.1.1 Solid Waste Management: Waste Stream Audit To facilitate the reduction of ongoing waste and toxins generated by building occupants and building operations that are hauled to and disposed of in landfills or incineration facilities. Solid Waste Management: Ongoing Consumables To facilitate the reduction of waste and toxins generated from the use of ongoing consumable products by building occupants and building operations that are hauled to and disposed of in landfills or incineration facilities. Solid Waste Management: Durable Goods To facilitate the reduction of waste and toxins generated from the use of durable goods by building occupants and building operations that are hauled to and disposed of in landfills or incinerations facilities.. Solid Waste Management: Facility Alterations and Additions To divert construction and demolition waste from disposal to landfills and incineration facilities. Redirect recyclable recovered resources to the manufacturing process. Redirect reusable materials to appropriate sites. Local/Regional Materials Increase demand for materials and products that are extracted, harvested or recovered, as well as manufactured within the region, thereby supporting the local economy and the use of indigenous resources and reducing the environmental impacts resulting from transportation.
12 3
4.1.2
4.1.3
4.1.4
4.2
POINTS OBTAINED
POINTS
5.0 Indoor Environmental Quality

5.1 Prerequisite 1 - Outdoor Air Introduction and Exhaust Systems To establish minimum indoor air quality (IAQ) performance to enhance indoor air quality in buildings, thus contributing to the health and well-being of the occupants. Prerequisite 2 - Environmental Tobacco Smoke (ETS) Control Prevent or minimize exposure of occupants, indoor surfaces, and ventilation air distribution systems to Environmental Tobacco Smoke (ETS). High Performance Cleaning Reduce the exposure of occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, and the environment. Indoor Air Quality (IAQ) Best Management Practices: IAQ Management Program To enhance indoor air quality by optimizing practices to prevent the development of IAQ problems in indoor spaces, correcting indoor air quality problems when they occur, and maintaining the well-being of the occupants.
13 Prereq
5.2
Prereq
5.3
5.4.1
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POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
5.4.2
Indoor Air Quality (IAQ) Best Management Practices: Outdoor Air Delivery Monitoring To provide capacity for ventilation system monitoring to help sustain occupants comfort and well-being. Indoor Air Quality (IAQ) Best Management Practices: Increased Ventilation To provide additional outdoor air ventilation to improve indoor air quality (IAQ) for improved occupant comfort, well-being and productivity. Indoor Air Quality (IAQ) Best Management Practices: Reduce Particulates in Air Distribution To reduce exposure of building occupants and maintenance personnel to potentially hazardous particulate contaminants, which adversely affect air quality, human health, building systems and the environment. Occupant Comfort: Occupant-Controlled Lighting To provide a high level of lighting control by individual occupants or specific groups in multi-occupant spaces (e.g., classrooms or conference areas) to promote the productivity, comfort, and well-being of building occupants. Occupant Comfort: Thermal Comfort Monitoring To support the appropriate operations and maintenance of buildings and building systems so that they continue to meet target building performance goals over the long term and provide a comfortable thermal environment that supports the productivity and well-being of building occupants. Green Cleaning: Sustainable Cleaning Equipment Reduce the exposure of occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, and the environment. Green Cleaning: Entryway Systems To reduce the exposure of building occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, building finishes, building systems, and the environment. environment
5.4.3
5.4.4
5.5.1
5.5.2
5.6.1
5.6.2
POINTS OBTAINED
POINTS
6.0 Innovation in Operations & Maintenance

6.1 Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System.
4 1
6.2
6.3
6.4
POINTS OBTAINED
POINTS
7.0 Education and Training

7.1 Community Education Promote awareness of CDA Divisions and tenant environmental and sustainability initiatives.. Implement Employee Sustainability Training Program In keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own employee training program. Staff Training To support and encourage the operations, maintenance, upgrade, and project team integration required for SAM O&M implementation and to streamline the application and certification process.
3 1
7.2
7.3
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POINTS OBTAINED POINTS OBTAINED
CREDIT DESCRIPTION
POINTS POINTS
NARRATIVE
8.0 Monitoring and Reporting

8.1
POINTS OBTAINED TOTAL POINTS OBTAINED
5 5
POINTS TOTAL POSSIBLE POINTS
Documenting Sustainable Measures Track, document, report and promote the CDAs Green Commitment and encourage divisions and tenants airport-wide to join the movement.
132
2/16/2011

Description 1 Select appropriate checklist from the worksheet tabs below: Design Checklist or Construction Checklist WBS No. OH6126.100.40.005 North Air Traffic Control Tower Walsh Construction Co. 5/12/2009 Final Construction Occupied Building (OB)
Example If project is in the design stages, the designer should select the Design Checklist tab and proceed to complete the information as described below.
2 Fill out title information in blue at the top (WBS no., project name, consultant, date, milestone) and select "Project Category" from the drop-down menu. The "Goal by Project Category" and "Applicable Points by Project Category" columns will automatically be filled in based on the Project Category. The "Total Applicable Points" for the project will automatically be calculated at the end of the checklist (e.g. for the Construction Checklist: Civil-Airside = 63, CivilLandside = 66, Occupied Building = 129, Unoccupied Building = 104).
3 For those credits that were achieved, indicate this by putting the appropriate point in the Points Obtained column. Note that for Prerequisite credits, no point is achieved as these are the minimum performance requirements for sustainability under the SAM. For prerequisites, insert a "Yes" for those that are applicable (some prerequisites do not apply for civil projects).
If the credit requirements for SAM Credit 5.10 Certified Wood are met, then insert a 1 under the Points Obtained column.
4 Indicate where each credit's scope of work is shown/described/documented in the Construction Documents (CDs) under the appropriate column by inserting the drawing and/or specification number that refers to the credit, e.g. reference erosion control drawings and specifications for SAM Credit 2.1 Construction Activity Pollution Prevention; reference the construction waste management specification for SAM Credit 5.3 Construction Waste Management.
Under Reference Drawing/Sheet No. insert e.g. "CG-104 to CG-107, CD-233" AND/OR Under Reference Specification Section insert e.g. "01524".
5 In the "Narrative" column, describe the scope of work for the project relevant to this credit by replacing the Fill in scope of work phrase with the appropriate description. OR Delete the Fill in scope of work phrase or indicate with NA those credits which are not project goals as indicated in the "Goal by Project Category" column. This would include such things as building related credits that are not applicable to a civil/infrastructure project, for example. OR For credits that were indicated as goals under Goal by Project Category but were not achieved, leave the "Points Obtained" column blank and describe the reasons for this in the "Narrative". Include any additional information such as estimated quantities and/or locations.
Under SAM Credit 5.3 Construction Waste Management, fill in scope of work: "A total of 89% of C&D waste totaling 2,800 tons was diverted from landfills. This included 2,150 tons of concrete which was sent to the South Airfield concrete recycling plant, 400 tons of reclaimed asphalt which was stockpiled at the South Airfield recycling area near Guard Post #3, 220 tons of scrap metal, fencing, and guard rails that was recycled by an off-site scrap hauler, and misc. construction waste. See attached calculations [include required forms ]." OR For a Civil-Airside (CA) project, under SAM Credit 6.3 Outdoor Air Delivery Monitoring, delete "Fill in scope of work" and insert "NA" (there is no outdoor air delivery monitoring on a CA project). OR Under SAM Credit 5.7 Recycled Content, fill in scope of work: "Due to the specialized nature of the materials and due to FAA specification restrictions, the overall recycled content for the construction materials (Div. 2-10) was only 4.5% of the total cost of the materials (minus labor and equipment). Therefore, the point was not achieved. See attached calculations." See first and third example under Step 3 above. Credit SAM Credit 5.3 Construction Waste Management requires a C&D Debris Compliance Form per Specification 01524. SAM Credit 5.7 Recycled Content requires a Recycled Content Calculation Template per Specification 01356.
6 For some credits, supporting documentation, typically some form of calculations, will also need to be included, if applicable. Credits that require supporting documentation are indicated in the description with Fill in scope of work and include supporting documentation. See SAM for supporting documentation templates. In some cases, the SRP may require additional supporting documentation for the other credits during review process for clarification.
Exhibit 11
7 Use US Green Building Council LEED-NC 2009 guidelines to determine calculations, requirements, or examples in the cases where the SAM does not specify how points may be achieved or supported.
For SAM Credit 4.7 Enhanced Refrigerant Management, the default values for the calculations and some examples are given in the LEED-NC 2009 Reference Guide under Energy & Atmosphere, Credit 4 (EAc4).
8 SUBMIT THE ENTIRE CHECKLIST, INCLUDING SUPPORTING DOCUMENTATION, WITH EVERY MILESTONE DESIGN REVIEW BY CDA AND AT SUBSTANTIAL CONSTRUCTION COMPLETION.
Template 11/6/10
Sustainable Airport Manual (SAM) Design Checklist

WBS No. Project Name

Consultant Name Revised: Revision Date Milestone: XX% Submittal Project Category: [choose from drop-down menu]
POINTS OBTAINED
APPLICABLE POINTS BY PROJECT CATEGORY
GOAL BY PROJECT CATEGORY
CREDIT DESCRIPTION
POINTS
REFERENCE DRAWING/SHEET NO.
REFERENCE SPECIFICATION SECTION
NARRATIVE

AP.1 Prerequisite 1 - Green Meetings Guide meeting hosts, planners and attendees toward more eco-friendly meetings and incorporate environmental considerations into planning and conducting meetings in order to minimize the negative impact on the environment Prerequisite 2 - Document Reduction and Recycling Initiative (DRRI) Reduce the volume paper used and facilitate the recycling of documents. Corporate Sustainability Policy Keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own corporate policy on sustainable practices. Green Procurement Policy Reduce the environmental impact of products and services by developing a Green Purchasing Program. Recycled Content Paper Reduce the need for virgin materials, energy, and waste associated with the production of paper by promoting the use of recycled content paper.
Prereq
AP.2
Prereq
AP.3
AP.4
AP.5
POINTS OBTAINED APPLICABLE POINTS BY PROJECT CATEGORY GOAL BY PROJECT CATEGORY
POINTS
2.0 Sustainable Site Management

Prerequisite 1- Construction Activity Pollution Prevention 2.1 Reduce pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation. Prerequisite 2 - Adopt CDA Best Management Practices 2.2 Minimize environmental impacts of facility operations. Brownfield Redevelopment 2.3 Rehabilitate damaged sites where development is complicated by environmental contamination, reducing pressure on undeveloped land. Alternative Transportation: Public Transportation Access 2.4.1 Reduce pollution and land development impacts from automobile use. Alternative Transportation: Bicycle Access, Storage and Changing Rooms 2.4.2 Reduce pollution and land development impacts from automobile use. 2.4.3 2.4.4 Alternative Transportation: Low-Emitting and Fuel-Efficient Vehicles (NonConstruction) Reduce pollution and land development impacts from automobile use. Alternative Transportation: Parking Capacity Reduce pollution and land development impacts from single occupancy vehicle use for employees. Stormwater Management: Quantity Control Limit disruption of natural water h d l Li it di ti f t l t hydrology b reducing i by d i impervious cover, i increasing on-site infiltration, reducing or eliminating pollution from stormwater runoff, and eliminating contaminants. Stormwater Management: Quality Control Limit disruption and pollution of natural water flows by managing stormwater runoff. Landscape and Exterior Design to Reduce Heat Islands: Non-Roof Reduce heat islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Landscape and Exterior Design to Reduce Heat Islands: Roof Reduce heat islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Light Pollution Reduction Minimize light trespass from the building and site, reduce sky-glow to increase night sky access, improve nighttime visibility through glare reduction, and reduce development impact on nocturnal environments.
18 Prereq Prereq 1 6 1
Fill in scope of work Fill in scope of work Fill in scope of work Fill in scope of work Fill in scope of work
2.5.1
2.5.2
2.6.1
2.6.2
2.7
APPLICABLE POINTS BY PROJECT CATEGORY GOAL BY PROJECT CATEGORY
POINTS OBTAINED
POINTS

3.1 3.2 Prerequisite 1 - Water Use Reduction, 20% Reduction Increase water efficiency within buildings to reduce the burden on municipal water supply and wastewater systems. Water Use Reduction, 30%-40% Reduction Further increase water efficiency within buildings to reduce the burden on municipal water supply and wastewater systems. Water Efficient Landscaping, Reduce by 50% Limit or eliminate the use of potable water, or other natural surface or subsurface water resources available on or near the project site, for landscape irrigation. Water Efficient Landscaping, No Potable Water Use or No irrigation Eliminate the use of potable water, or other natural surface or subsurface water resources available on or near the project site, for landscape irrigation. Innovative Wastewater Technologies Reduce wastewater generation and potable water demand while increasing the local aquifer recharge.
10 Prereq
3.3.1
3.3.2 3.4
POINTS

Prerequisite 1 - Fundamental Building Systems Commissioning 4.1 For occupied buildings, verify that the projects energy related systems are installed, calibrated and perform according to the owners project requirements, basis of design, and construction documents.
35 Prereq
CDA SAM Appendix Design Construction -B - Checklists - November 9 2010 FINAL.xls
DC-B-1
2/16/2011
Template 11/6/10


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Prerequisite 2 - Minimum Energy Performance 4.2 Establish the minimum level of energy efficiency for the proposed building and civil infrastructure systems to reduce environmental and economic impacts associated with excessive energy use. Prerequisite 3 - Fundamental Refrigerant Management 4.3 Reduce stratospheric ozone depletion. Optimize Energy Performance 4.4 Achieve increasing levels of energy performance beyond the prerequisite standard to reduce environmental and economic impacts associated with excessive energy use. On-Site Renewable Energy 4.5 Encourage and recognize increasing levels of on-site renewable energy selfsupply in order to reduce environmental and economic impacts associated with fossil fuel energy use Enhanced Commissioning 4.6 Begin the commissioning process early in the design process and execute additional activities after systems performance verification is completed. Enhanced Refrigerant Management 4.7 Reduce ozone depletion and support early compliance with the Montreal Protocol while minimizing direct contributions to global warming.. 4.8 Measurement and Verification Provide for the ongoing accountability of building energy consumption over time.
Prereq
Prereq
19
Green Power 4.9 Encourage the development and use of grid-source, renewable energy technologies on a net zero pollution basis.
POINTS

5.1 Prerequisite 1 - Storage and Collection of Recyclables Facilitate the reduction of waste generated by building occupants and for civil/infrastructure projects within the airport environment that is hauled to and disposed of in landfills. Building and Infrastructure Reuse Extend the life cycle of existing building stock and infrastructure, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts of new buildings and infrastructure as they relate to materials manufacturing and transport Construction Waste Management Divert construction and demolition debris from disposal in landfills and incineration facilities. Redirect recyclable recovered resources back to the manufacturing process and reusable materials to appropriate sites. B l d E th k Balanced Earthwork Divert soils from landfills, reduce transportation of soil to off-site locations, and maintain or make soil available for reuse on other on-airport projects. Aggregate Reuse Promote the reuse of aggregate from on-airport and off-airport property sources. Material Reuse Reuse building materials and products to reduce demand for virgin materials and reduce waste, thereby lessening impacts associated with the extraction and processing of virgin resources. Recycled Content Increase demand for building products that incorporate recycled content materials, thereby reducing impacts resulting from extraction and processing of virgin materials. Local/ Regional Materials Increase demand for building and all other materials and products that are extracted, harvested or recovered, as well as manufactured within the region, thereby supporting the use of indigenous resources and reducing the environmental impacts resulting from transportation Rapidly Renewable Materials Reduce the use and depletion of finite raw materials and long-cycle renewable materials by replacing them with rapidly renewable materials. Certified Wood Encourage environmentally responsible forest management . Furniture and Equipment Reduce environmental and indoor air quality impacts of the furniture and equipment acquired for use in a building. Equipment Salvage and Reuse Promote the reuse of equipment and products to reduce demand for virgin materials and reduce waste, thereby lessening impacts associated with the extraction and processing of virgin resources.
21 Prereq
5.2
5.3
01524
5.4 5.5
5.6
5.7
01356
5.8
01355
5.9 5.10 5.11
1 1 1
Fill in scope of work Fill in scope of work Fill in scope of work
5.12
POINTS OBTAINED
POINTS

6.1 Prerequisite 1 - Minimum Indoor Air Quality (IAQ) Performance Establish minimum indoor air quality (IAQ) performance to enhance indoor air quality in buildings, thus contributing to the comfort and well-being of the occupants. Prerequisite 2 - Environmental Tobacco Smoke (ETS) Control Prevent or minimize exposure of building occupants, indoor surfaces, and ventilation air distribution systems to Environmental Tobacco Smoke (ETS). Outdoor Air Delivery Monitoring Provide capacity for ventilation system monitoring to help sustain occupant comfort and wellbeing. Increased Ventilation Provide additional outdoor air ventilation to improve indoor air quality for improved occupant comfort, well-being and productivity.
16 Prereq
6.2 6.3 6.4
Prereq
DC-B-2
2/16/2011
Template 11/6/10


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Construction IAQ Management Plan: During Construction 6.5.1 Reduce indoor air quality problems resulting from the construction/renovation process in order to help sustain the comfort and well-being of construction workers and building occupants. Construction IAQ Management Plan: Before Occupancy 6.5.2 Reduce indoor air quality problems resulting from the construction/renovation process in order to help sustain the comfort and well-being of construction workers and building occupants. Low-Emitting Materials: Adhesives and Sealants 6.6.1 Reduce the quantity of indoor air contaminants that are odorous, irritating and/or harmful to the comfort and well-being of installers and occupants. Low-Emitting Materials: Paints and Coatings 6.6.2 Reduce the quantity of indoor air contaminants that are odorous, irritating and/or harmful to the comfort and well-being of installers and occupants. Low-Emitting Materials: Flooring Systems 6.6.3 Reduce the quantity of indoor air contaminants that are odorous, irritating and/or harmful to the comfort and well-being of installers and occupants. Low-Emitting Materials: Composite Wood & Agrifiber Products 6.6.4 Reduce the quantity of indoor air contaminants that are odorous, irritating and/or harmful to the comfort and well-being of installers and occupants. Indoor Chemical and Pollutant Source Control 6.7 Minimize exposure of building occupants to potentially hazardous particulates and chemical pollutants. Controllability of Systems: Lighting Provide a high level of lighting system control by individual occupants or by 6.8.1 specific groups in multi-occupant spaces (e.g., classrooms and conference areas) to promote the productivity, comfort and well-being. Controllability of Systems: Thermal Comfort Provide a high level of thermal comfort system control by individual occupants 6.8.2 or by specific groups in multi-occupant spaces (i.e., classrooms or conference areas) to promote the productivity, comfort and well-being of building occupants Thermal Comfort: Design 6.9.1 Provide a comfortable thermal environment that supports the productivity and well-being of building occupants. Thermal Comfort: Verification 6.9.2 Provide for the assessment of building thermal comfort over time. Daylight and Views: Daylight 75% of Spaces Provide for the building occupants a connection between indoor spaces and the 6.10.1 outdoors through the introduction of daylight and views into the regularly occupied areas of the building. Daylight and Views: Views for 90% of Spaces Provide for the building occupants a connection between indoor spaces and the 6.10.2 outdoors through the introduction of daylight and views into the regularly occupied areas of the building. Noise Transmission 6.11 Limit noise levels in noise-sensitive, occupied spaces such as passenger terminals and offices to increase employee productivity and passenger comfort.
1 1
Fill in scope of work Fill in scope of work
POINTS
7.0 Construction Practices

7.1 7.2 See2.1 See 4.1 See 5.3 See 6.5 See2.1 See 4.1 See 5.3 See 6.5 7.3 7.4 7.5 7.6 7.7 7.8.1 Prerequisite 1 - Clean Fuel Construction Vehicles Minimize air quality impacts during construction. Prerequisite 2 - Construction Equipment Maintenance Minimize the environmental impact of construction equipment maintenance activities. Reference 2.1 - Construction Activity Pollution Prevention Reference 4.1 - Systems Commissioning Reference 5.3 - Construction Waste Management Reference 6.5 - Construction IAQ Management Plan Low-Emission Construction Vehicles Minimize air quality impacts during construction. Alternative Transportation During Construction, Staging Area Reduce emissions due to construction vehicles by minimizing the amount of traffic to the construction site. Alternative Transportation During Construction: Low-Emitting and FuelEfficient Vehicles, 10% Reduce emissions from on-road construction vehicles (e.g., foreman pickups or shuttle buses). Alternative Transportation During Construction: Low-Emitting and FuelEfficient Vehicles, 50% Reduce emissions from on-road construction vehicles. Construction Materials Conveying Reduce emissions from construction activities by minimizing the amount of onroad and off-road vehicle traffic traveling to/from the construction site. Construction Noise and Acoustical Quality Improve the exterior noise quality during construction affecting residential areas or other noise sensitive areas. Sustainable Temporary Construction Materials Reduce the use and depletion of finite raw materials and long-cycle renewable materials by replacing them with high recycled content, rapidly renewable materials and FSC certified wood products for temporary uses during construction.
7 Prereq Prereq See 2.1 See 4.1 See 5.3 See 6.5 1 1 See 2.1 See 4.1 See 5.3 See 6.5 See 2.1 See 4.1 See 5.3 See 6.5
01111
See 2.1 See 4.1 See 5.3 See 6.5

7.8.2
7.8.3 7.9 7.10
7.11
POINTS OBTAINED
POINTS
8.0 Innovation in Design & Construction
DC-B-3
2/16/2011
Template 11/6/10


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Innovation in Design & Construction Provide design teams and projects the opportunity to achieve exceptional 8.1 performance above the requirements set by the Sustainable Airport Manual Green Airplane Rating System and/or innovative performance not specifically addressed by the Sustainable Airport Manual Innovation in Design & Construction Provide design teams and projects the opportunity to achieve exceptional 8.2 performance above the requirements set by the Sustainable Airport Manual Green Airplane Rating System and/or innovative performance not specifically addressed by the Sustainable Airport Manual Innovation in Design & Construction Provide design teams and projects the opportunity to achieve exceptional 8.3 performance above the requirements set by the Sustainable Airport Manual Green Airplane Rating System and/or innovative performance not specifically addressed by the Sustainable Airport Manual Menu Items (Construction Equipment Retrofit, Photovoltaics, Geothermal Heating/Cooling, Wind Power, Rainwater Harvesting, Permeable Pavement, 8.4 Trombe or Solar Walls, Green Walls, Warm-Mix Asphalt or Alternative Water Heating) Promote specific technologies and additional strategies considered to be important to the sustainability of the airport environment LEED Accredited Professional 8.5 Support and encourage the design integration required by LEED to streamline the application and certification process. LEED Certified Project 8.6 Promote the incorporation of environmentally sustainable design in building and infrastructure improvements by registering and certifying a project through the LEED certification process and rating system.
Fill in scope of work and include supporting documentation
Provide name of LEED AP Design Professional
POINTS
9.0 Regional Priority

9.1 Regional Priority 2.4.1 Alternative Transportation: Public Transportation Access Regional Priority 9.2 2.4.3 Alternative Transportation: Low-Emitting Vehicles Regional Priority 9.3 2.4.4 Alternative Transportation: Parking Capacity Regional Priority 9.4 2.5.2 Stormwater Design: Treatment
4 1 1 1 1
See 2.4.1 See 2.4.3 See 2.4.4 See 2.5.2
See 2.4.2 See 2.4.3 See 2.4.4 See 2.5.2
See 2.4.2 See 2.4.3 See 2.4.4 See 2.5.2
APPLICABLE POINTS BY PROJECT CATEGORY TOTAL APPLICABLE POINTS
GOAL BY PROJECT CATEGORY TOTAL OMP GOALS
127
DC-B-4
2/16/2011
Template 7/24/09
Sustainable Airport Manual (SAM) Construction Checklist


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE

AP.1 Prerequisite 1 - Green Meetings Guide meeting hosts, planners and attendees toward more eco-friendly meetings and incorporate environmental considerations into planning and conducting meetings in order to minimize the negative impact on the environment Prerequisite 2 - Document Reduction and Recycling Initiative (DRRI) Reduce the volume paper used and facilitate the recycling of documents. Corporate Sustainability Policy Keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own corporate policy on sustainable practices. Green Procurement Policy Reduce the environmental impact of products and services by developing a Green Purchasing Program. Recycled Content Paper Reduce the need for virgin materials, energy, and waste associated with the production of paper by promoting the use of recycled content paper.
Prereq
AP.2
Prereq
AP.3
AP.4
AP.5
POINTS
2.0 Sustainable Site Management

Prerequisite 1- Construction Activity Pollution Prevention 2.1 Reduce pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation. Prerequisite 2 - Adopt DOA Best Management Practices 2.2 Minimize environmental impacts of facility operations. Brownfield Redevelopment Develop on a site documented as contaminated by ASTM E 1903-97 Phase II 2.3 Environmental Site Assessment OR classified as a brownfield by a local state and federal government agency and therefore reducing pressure on undeveloped land Alternative Transportation: Public Transportation Access 2.4.1 Reduce pollution and land development impacts from automobile use by providing access to public transportation. Alternative Transportation: Bicycle Access, Storage & Changing Rooms 2.4.2 Reduce pollution and land development impacts from automobile use. Provide secure bicycle storage with convenient changing/shower facilities. Alternative Transportation: Low-Emitting and Fuel-Efficient Vehicles (NonConstruction) 2.4.3 Reduce pollution and land development impacts from automobile use by encouraging th use and providing l i the d idi low-emission and F l Effi i t i i d Fuel-Efficient vehicles. Alternative Transportation: Parking Capacity 2.4.4 Reduce pollution and land development impacts from automobile use by limiting the amount of parking in order to encourage alternative transportation. Stormwater Management: Quantity Control 2.5.1 Limit disruption and pollution of natural water flows by managing stormwater runoff. Encourage groundwater infiltration. Use detention to reduce storm water flow, velocities and sedimentation loads into the receiving streams. Stormwater Management: Quality Control 2.5.2 Limit disruption of natural water flows by eliminating stormwater runoff, increasing onsite infiltration and eliminating contaminants. Landscape & Exterior Design to Reduce Heat Islands: Non-Roof 2.6.1 Reduce Heat Islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Landscape & Exterior Design to Reduce Heat Islands: Roof 2.6.2 Reduce Heat Islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Light Pollution Reduction 2.7 Eliminate light trespass from the building and site, improve night sky access and reduce development impact on nocturnal environments.
18 Prereq Prereq
POINTS

3.1 3.2 3.3.1 3.3.2 3.4
10 Prereq 4
Prerequisite 1 - Water Use Reduction, 20% Reduction Increase potable water efficiency. Water Use Reduction Maximize water efficiency within buildings to reduce the burden on municipal water supply and wastewater systems. Water Efficient Landscaping, Reduce by 50% Limit or eliminate the use of potable water or natural surface or subsurface water resources for landscape irrigation. Water Efficient Landscaping, No Potable Water Use or No irrigation Eliminate the use of potable water for landscape irrigation. Innovative Wastewater Technologies Reduce generation of wastewater and potable water demand, while increasing the local aquifer recharge.
2 2 2
POINTS

Prerequisite 1 - Fundamental Building Systems Commissioning 4.1 Verify and ensure that fundamental building elements and systems are designed, installed and calibrated to operate as intended.
35 Prereq
DC-B-4
2/16/2011
Template 7/24/09


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Prerequisite 2 - Minimum Energy Performance 4.2 Establish the minimum level of energy efficiency for the base building and systems. Prerequisite 3 - Fundamental Refrigerant Management 4.3 Reduce stratospheric ozone depletion Optimize Energy Performance 4.4 Achieve increasing levels of energy performance above the prerequisite standard to reduce environmental impacts associated with excessive energy use. On-Site Renewable Energy 4.5 Encourage and recognize on-site renewable energy self-supply in order to reduce atmospheric pollutants, operations costs, and the environmental impacts associated with fossil fuel energy use. Enhanced Commissioning 4.6 Begin commissioning process early during the design process and execute additional activities after system performance verification is complete. 4.7 Enhanced Refrigerant Management Reduce ozone depletion while minimizing direct contributions to global warming.
Prereq Prereq
19
2 3 2
Measurement and Verification 4.8 Provide ongoing accountability of building energy consumption over time. Green Power 4.9 Encourage the development and use of grid-source, renewable energy technologies on a net zero pollution basis.
POINTS

5.1 Prerequisite 1 - Storage and Collection of Recyclables Facilitate the reduction of waste generated by building occupants that is hauled and disposed in landfills. Building Reuse, Maintain Existing Walls, Floors, Roof or Infrastructure Extend the lifecycle of existing building stock, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts of new buildings as they relate to materials manufacturing and transport. Building Reuse, Maintain 50% of Interior Non-Structural Elements Extend the lifecycle of existing building stock, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts of new buildings as they relate to materials manufacturing and transport. Construction Waste Management, Divert from Landfill Divert construction, demolition and land clearing debris from landfill disposal. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. B l dE h k Balanced Earthwork Divert soils from landfills, reduce transport of soils to off-site locations, and maintain or make soils available for reuse on other on-airport projects. Aggregate Reuse Promote the reuse of aggregate from on-airport and off-airport property sources. Material Reuse Reuse building materials and products to reduce demand for virgin materials and reduce waste, thereby lessening impacts associated with the extraction and processing of virgin resources. Recycled Content Increase demand for building products that incorporate recycled content materials, thereby reducing impacts resulting from extraction and processing of virgin materials. Local/ Regional Materials Increase demand for building materials and products that are extracted and manufactured within the region, thereby supporting the use of indigenous resources, supporting the local economy, and reducing the environmental impacts resulting from transportation Rapidly Renewable Materials Reduce the use and depletion of finite raw materials and long-cycle renewable materials by replacing them with rapidly renewable materials. Certified Wood Encourage environmentally responsible forest management . Furniture and Equipment Reduce environmental and indoor air quality impacts of the furniture and equipment acquired for use in a building. Equipment Salvage and Reuse Promote the reuse of equipment and products to reduce demand for virgin materials and reduce waste, thereby lessening impacts associated with the extraction and processing of virgin resources.
21 Prereq
5.2
5.2.4
5.3
5.4 5.5
5.6
5.7
5.8
5.9 5.10 5.11
1 1 1
5.12
POINTS OBTAINED
POINTS

6.1 Prerequisite 1 - Minimum Indoor Air Quality (IAQ) Performance Establish minimum indoor air quality (IAQ) performance to prevent the development of indoor air quality problems in buildings, thus contributing to the comfort and well being of the occupants. Prerequisite 2 - Environmental Tobacco Smoke (ETS) Control Prevent exposure of building occupants and systems to Environmental Tobacco Smoke (ETS). Outdoor Air Delivery Monitoring Provide capacity for ventilation system monitoring to help sustain long-term occupant comfort and well being. Increased Ventilation Provide additional outdoor air ventilation to improve indoor air quality for improved occupant comfort, well being, and productivity.
16 Prereq
6.2 6.3 6.4
Prereq
DC-B-5
2/16/2011
Template 7/24/09


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Construction IAQ Management Plan: During Construction 6.5.1 Prevent indoor air quality problems resulting from the construction/renovation process in order to help sustain the health, comfort and well-being of construction workers and building occupants. Construction IAQ Management Plan: Before Occupancy 6.5.2 Prevent indoor air quality problems resulting from the construction/renovation process in order to help sustain the health, comfort and well-being of construction workers and building occupants. Low-Emitting Materials: Adhesives and Sealants Reduce the quantity of indoor air contaminants that are odorous, potentially 6.6.1 irritating and/or harmful to the health, comfort and well being of installers and occupants. Low-Emitting Materials: Paints and Coatings Reduce the quantity of indoor air contaminants that are odorous, potentially 6.6.2 irritating and/or harmful to the health, comfort and well being of installers and occupants. Low-Emitting Materials: Flooring Systems Reduce the quantity of indoor air contaminants that are odorous, potentially 6.6.3 irritating and/or harmful to the health, comfort and well being of installers and occupants. Low-Emitting Materials: Composite Wood & Agrifiber Products 6.6.4 Reduce the quantity of indoor air contaminants that are odorous, potentially irritating and/or harmful to the health, comfort and well being of installers and occupants. Indoor Chemical and Pollutant Source Control 6.7 Avoid exposure of building occupants to potentially hazardous particulates and chemicals that adversely impact air quality. Controllability of Systems: Lighting Provide a high level of lighting system control by individual occupants or groups 6.8.1 in multi-occupant spaces (e.g., classrooms and conference areas) and promote their productivity, comfort and well-being. Controllability of Systems: Thermal Comfort 6.8.2 Provide a high level of thermal comfort system control by individual occupants or groups in multi-occupant spaces (e.g., classrooms and conference areas) and promote their productivity, comfort and well-being. Thermal Comfort: Design 6.9.1 Provide a thermally comfortable environment and assessment over time that supports the productivity and well being of building occupants. Thermal Comfort: Verification 6.9.2 Provide a thermally comfortable environment and assessment over time that supports the productivity and well being of building occupants. Daylight and Views 6.10 Provide for the building occupants a connection between indoor spaces and the outdoors through the introduction of daylight and views into the regularly occupied areas. Noise Transmission 6.11 Limit noise levels in noise-sensitive, occupied spaces such as terminals and offices to increase employee productivity and passenger comfort.
POINTS
7.0 Construction Practices

7.1 7.2 See2.1 See 4.1 See 5.3 See 6.5 See2.1 See 4.1 See 5.3 See 6.5 7.3 7.4 7.5 7.6 7.7 7.8.1 Prerequisite 1 - Clean Fuel Construction Vehicles Minimize air quality impacts during construction. Prerequisite 2 - Construction Equipment Maintenance Minimize the environmental impact of site construction activities. Reference 2.1 - Construction Activity Pollution Prevention Reference 4.1 - Fundamental Building Systems Commissioning Reference 5.3 - Construction Waste Management Reference 6.5 - Construction IAQ Management Plan Low Emission Construction Vehicles Minimize air quality impacts during construction. Alternative Transportation During Construction: Staging Area Minimize the amount of truck and vehicle traffic onto the construction site and reduce emissions from on-road construction vehicles. Alternative Transportation During Construction: Low-Emitting & FuelEfficient Vehicles, 10% Minimize the amount of truck and vehicle traffic onto the construction site and reduce emissions from on-road construction vehicles. Alternative Transportation During Construction: Low-Emitting & FuelEfficient Vehicles, 50% Minimize the amount of truck and vehicle traffic onto the construction site and reduce emissions from on-road construction vehicles. Construction Materials Conveying Minimize the amount of truck and vehicle traffic onto the construction site. Construction Noise and Acoustical Quality Improve exterior noise quality during construction affecting residential areas or other noise sensitive areas. Sustainable Temporary Construction Materials Reduce the use and depletion of finite raw materials and long-cycle renewable materials by replacing them with high recycled content, rapidly renewable materials, and FSC certified wood products for temporary construction uses.
7 Prereq Prereq See 2.1 See 4.1 See 5.3 See 6.5 1 1
See 2.1 See 4.1 See 5.3 See 6.5 See 2.1 See 4.1 See 5.3 See 6.5 01111
Fill in scope of work Fill in scope of work See 2.1 See 4.1 See 5.3 See 6.5 Fill in scope of work Fill in scope of work
7.8.2
7.8.3 7.9 7.10
1 1
7.11
POINTS OBTAINED
POINTS
8.0 Innovation in Design & Construction

Innovation in Design & Construction 8.1 Provide opportunity for exceptional performance above the requirements set forth above and/or innovative performance in sustainability not covered in the SAM.
8 1
DC-B-6
2/16/2011
Template 7/24/09


POINTS OBTAINED
CREDIT DESCRIPTION
POINTS
NARRATIVE
Innovation in Design & Construction 8.2 Provide opportunity for exceptional performance above the requirements set forth above and/or innovative performance in sustainability not covered in the SAM. Innovation in Design & Construction 8.3 Provide opportunity for exceptional performance above the requirements set forth above and/or innovative performance in sustainability not covered in the SAM. Menu Items 8.4 Provide additional credit for strategies and technologies that the OMP considers to be important to the sustainability of the airport environment. LEED Accredited Professional 8.5 Include as part of the design team a LEED AP that is familiar with the various aspects of sustainable design. LEED Certified Project 8.6 Pursue LEED certification for occupied building projects.
1 1
POINTS
Provide name of LEED AP Design Professional Provide copy of LEED project registration and anticipated level of certification
9.0 Regional Priority

9.1 Regional Priority 2.4.1 Alternative Transportation: Public Transportation Access Regional Priority 9.2 2.4.3 Alternative Transportation: Low-Emitting Vehicles Regional Priority 9.3 2.4.4 Alternative Transportation: Parking Capacity Regional Priority 9.4 2.5.2 Stormwater Design: Treatment
4 1 1 1 1
See 2.4.1 See 2.4.3 See 2.4.4 See 2.5.2
See 2.4.1 See 2.4.3 See 2.4.4 See 2.5.2
See 2.4.1 See 2.4.3 See 2.4.4 See 2.5.2
APPLICABLE POINTS BY PROJECT CATEGORY TOTAL APPLICABLE POINTS
GOAL BY PROJECT CATEGORY TOTAL OMP GOALS
127
DC-B-7
2/16/2011

Description 1 Fill out title information in blue at the top: CDA Division or Tenant name, additional descriptions, date submitted.
Example CDA Vehicle Services Annual Sustainability Review 3/12/2011 If the credit requirements for SAM Credit 1.7 Landscape Management are met, then insert a 1 under the Points Obtained column. For SAM Credit 1.1 Prerequisite 1 - Equipment Maintenance, insert a "Y" or "Yes" in the "Points Obtained" column to indicate compliance with the prerequisite.
2 For those credits that were achieved, indicate this by putting the appropriate point in the Points Obtained column. Note that for Prerequisite credits, no point is achieved as these are the minimum performance requirements for sustainability under the SAM. For prerequisites, insert a "Yes" for those that are applicable (some prerequisites may not apply for all tenants).
3 In the "Narrative" column, describe the scope of work for the project relevant to this credit by replacing the Fill in scope of work phrase with the appropriate description. OR For credits that were not achieved, leave the "Points Obtained" column blank and describe the reasons for this in the "Narrative". Include any additional information such as estimated quantities and/or locations.
Under SAM Credit 3.3 Optimize Energy Performance: Equipment and Appliances, fill in scope of work: "A total of 89% of all ENERGY STAR eligible equipment are ENERGY STAR qualified. This includes all computers and printers, kitchen appliances, and most copiers. " Input 3 points in the "Points Obtained" column. OR Under SAM Credit 3.3 Optimize Energy Performance: Equipment and Appliances, fill in scope of work: "Due to the specialized nature of the computing equipment and peripheral equipment, only the kitchen appliances and copiers were ENERGY STAR qualified. The overall percentage of ENERGY STAR qulified equipment was only 55%. Therefore, the point was not achieved. " Leave "Points Obtained" column blank in this case. For SAM Credit 2.1 Prerequisite 1 - Establish a Water Use Baseline, submit, with this checklist, water meter data (if available) and the baseline water use based on the plumbing fixture inventory.
4 For some credits, supporting documentation, typically some form of calculations, will also need to be included, if applicable. See SAM for supporting documentation templates. In some cases, the SRP may require additional supporting documentation for the other credits during review process for clarification.
5 SUBMIT THE ENTIRE CHECKLIST, INCLUDING SUPPORTING DOCUMENTATION, FOR EVERY PERFORMANCE PERIOD FOR REVIEW BY THE SRP.
Exhibit 12
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CREDIT DESCRIPTION
POINTS
NARRATIVE

AP.1 Prerequisite 1 - Green Meetings Guide meeting hosts, planners and attendees toward more eco-friendly meetings and incorporate environmental considerations into planning and conducting meetings in order to minimize the negative impact on the environment. Prerequisite 2 - Document Reduction and Recycling Initiative (DRRI) Reduce the volume paper used and facilitate the recycling of documents. Corporate Sustainability Policy Keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own corporate policy on sustainable practices. Green Procurement Policy Reduce the environmental impact of products and services by developing a Green Purchasing Program. Recycled Content Paper Reduce the need for virgin materials, energy, and waste associated with the production of paper by promoting the use of recycled content paper.
Prereq
AP.2
Prereq
AP.3
AP.4
AP.5
POINTS OBTAINED
3
POINTS
1.0 Sustainable Sites

1.1 Prerequisite 1- Equipment Maintenance Minimize the environmental impact of construction and maintenance equipment and associated maintenance activities. LEED Certified Project Recognize environmentally sensitive building design and construction by enabling high-performance building operations to be achieved in a more efficient and straightforward manner. Exterior Facilities Management To encourage environmentally sensitive building exterior practices that provide a clean, well-maintained and safe building exterior while supporting highperformance building operations based on its original state. Hardscape Grounds Management Employ an environmentally sensitive, low-impact hardscape management process for building exterior (e.g., sidewalks, paved surfaces and other hardscape) that sustains ecological and environmental integrity while deterring wildlife and maintaining site appearance and safety. Integrated Pest Management and Wildlife Deterrence Preserve environmental integrity while discouraging the presence of pests/wildlife, in an effort to include methods that maintain and encourage highperformance pest management control. Erosion Control To address landscape operations while preserving and maintaining ecological integrity and site preservation by minimizing soil loss and preventing water pollution. Landscape Management To maintain the landscape that is aesthetically pleasing and at the same time, low maintenance, ecologically and financially sustainable yet does not compromise Airport security and aircraft safety. Alternative Commuting Transportation for Employees To reduce pollution and land development impacts from conventional automobile use for commuting trips. Stormwater Management - Landside Limit disruption of natural water hydrology by reducing impervious cover, increasing on-site infiltration, reducing or eliminating pollution from stormwater runoff, and eliminating contaminants by enhancing the current operating system. Stormwater Management - Airside Reduce airside stormwater pollutants by employing environmentally sensitive maintenance techniques within the current operating system.
18 Prereq
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9.1
1.9.2
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NARRATIVE
1.10
1.11
POINTS OBTAINED
Heat Island Reduction To minimize impacts of existing roofs and pavements that causes the heat island effect (thermal gradient differences between developed and undeveloped areas). Light Pollution Reduction To eliminate light trespass from the building and site, improve night sky access and reduce development impact on nocturnal environments and upgrade existing lighting specifications to meet new standards.
POINTS

2.1 Prerequisite 1 - Establish a Water Use Baseline Increase water efficiency within CDA Division and tenant spaces to reduce the burden on municipal water supply and wastewater systems Retroactive Water Efficiency Recognize previous improvements and upgrades that had a positive impact on water efficiency. Indoor Water Efficiency Maximize indoor plumbing fixture and fitting efficiency to reduce the use of potable water and the burden on municipal water supplies and wastewater systems. Water Efficient Landscaping To limit or eliminate the use of potable water or other natural surface or subsurface resources available on or near the project site for landscape irrigation. Rain Harvesting for Non-Irrigation Usage Decrease the demand for potable water for non-irrigation use. Innovative Wastewater Management To reduce wastewater generation and potable water demand while increasing the local aquifer recharge. Water Efficient Vehicle Washing To limit or eliminate the use of potable water or other natural surface or subsurface resources available on or near the project site for vehicle washing.
22 Prereq
2.2
2.3
2.4
2.5 2.6
3 2
2.7
POINTS OBTAINED
4
POINTS

3.1 3.2 Prerequisite 1 - Refrigerant Management To reduce stratospheric ozone depletion. Utility Meter Data Monitor, track and report utility data to reduce environmental and economic impacts associated with excessive energy use. Retroactive Energy Optimization Recognize previous tenant improvements and upgrades that had a positive impact on energy efficiency. Optimize Energy Performance: Lighting Power Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: Lighting Control Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: HVAC Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Optimize Energy Performance: Equipment & Appliances Achieve increasing levels of energy conservation beyond the referenced standard to reduce environmental and economic impacts associated with excessive energy use. Existing Building Commissioning Through a systematic process, to develop and implement an operation of the buildings major energy-using systems and implement a no to low cost option(s) for optimizing energy performance and a plan to achieve energy savings.
47 Prereq 4
3.3
3.4.1
3.4.2
3.4.3
3.4.4
3.5
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CREDIT DESCRIPTION
POINTS
NARRATIVE
3.6.1
3.6.2
Performance Measurement: Building Automation System To provide information to support the ongoing accountability and optimization of building energy performance and identify opportunities for additional energysaving investments. Performance Measurement: System Level Metering To provide accurate energy use information to support energy management and identify opportunities for additional energy-saving improvements. On-Site and Off-Site Renewable Energy To encourage and recognize increasing levels of on-site and off-site renewable energy to reduce environmental impacts associated with fossil fuel energy use. Enhanced Refrigerant Management To reduce ozone depletion and support early compliance with the Montreal Protocol (an international agreement designed to protect from ozone depletion) while minimizing direct contributions to global warming. Emissions Reduction Reporting To document the emissions reduction benefits of building efficiency measures to better track Chicago Department of Aviations (CDA) achievements in climate-altering fossil fuel consumption and resultant emissions.
3.7
3.8
3.9
POINTS OBTAINED
POINTS

4.1.1 Solid Waste Management: Waste Stream Audit To facilitate the reduction of ongoing waste and toxins generated by building occupants and building operations that are hauled to and disposed of in landfills or incineration facilities. Solid Waste Management: Ongoing Consumables To facilitate the reduction of waste and toxins generated from the use of ongoing consumable products by building occupants and building operations that are hauled to and disposed of in landfills or incineration facilities. Solid Waste Management: Durable Goods To facilitate the reduction of waste and toxins generated from the use of durable goods by building occupants and building operations that are hauled to and disposed of in landfills or incinerations facilities.. Solid Waste Management: Facility Alterations and Additions To divert construction and demolition waste from disposal to landfills and incineration facilities. Redirect recyclable recovered resources to the manufacturing process. Redirect reusable materials to appropriate sites. Local/Regional Materials Increase demand for materials and products that are extracted, harvested or recovered, as well as manufactured within the region, thereby supporting the local economy and the use of indigenous resources and reducing the environmental impacts resulting from transportation.
12 3
4.1.2
4.1.3
4.1.4
4.2
POINTS OBTAINED
POINTS

5.1 Prerequisite 1 - Outdoor Air Introduction and Exhaust Systems To establish minimum indoor air quality (IAQ) performance to enhance indoor air quality in buildings, thus contributing to the health and well-being of the occupants. Prerequisite 2 - Environmental Tobacco Smoke (ETS) Control Prevent or minimize exposure of occupants, indoor surfaces, and ventilation air distribution systems to Environmental Tobacco Smoke (ETS). High Performance Cleaning Reduce the exposure of occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, and the environment. Indoor Air Quality (IAQ) Best Management Practices: IAQ Management Program To enhance indoor air quality by optimizing practices to prevent the development of IAQ problems in indoor spaces, correcting indoor air quality problems when they occur, and maintaining the well-being of the occupants.
13 Prereq
5.2
Prereq
5.3
5.4.1
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NARRATIVE
5.4.2
Indoor Air Quality (IAQ) Best Management Practices: Outdoor Air Delivery Monitoring To provide capacity for ventilation system monitoring to help sustain occupants comfort and well-being. Indoor Air Quality (IAQ) Best Management Practices: Increased Ventilation To provide additional outdoor air ventilation to improve indoor air quality (IAQ) for improved occupant comfort, well-being and productivity. Indoor Air Quality (IAQ) Best Management Practices: Reduce Particulates in Air Distribution To reduce exposure of building occupants and maintenance personnel to potentially hazardous particulate contaminants, which adversely affect air quality, human health, building systems and the environment. Occupant Comfort: Occupant-Controlled Lighting To provide a high level of lighting control by individual occupants or specific groups in multi-occupant spaces (e.g., classrooms or conference areas) to promote the productivity, comfort, and well-being of building occupants. Occupant Comfort: Thermal Comfort Monitoring To support the appropriate operations and maintenance of buildings and building systems so that they continue to meet target building performance goals over the long term and provide a comfortable thermal environment that supports the productivity and well-being of building occupants. Green Cleaning: Sustainable Cleaning Equipment Reduce the exposure of occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, and the environment. Green Cleaning: Entryway Systems To reduce the exposure of building occupants and maintenance personnel to potentially hazardous chemical, biological, and particulate contaminants, which adversely affect air quality, human health, building finishes, building systems, and the environment. environment
5.4.3
5.4.4
5.5.1
5.5.2
5.6.1
5.6.2
POINTS OBTAINED
POINTS
6.0 Innovation in Operations & Maintenance

6.1 Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System. Innovation in Operations & Maintenance To provide building operations, maintenance, and upgrade teams with the opportunity to earn points for environmental benefits achieved beyond those already addressed by the SAM Operations & Maintenance Rating System.
4 1
6.2
6.3
6.4
POINTS OBTAINED
POINTS
7.0 Education and Training

7.1 Community Education Promote awareness of CDA Divisions and tenant environmental and sustainability initiatives.. Implement Employee Sustainability Training Program In keeping with the spirit and intent of this Manual, it is strongly encouraged that companies working in support of CDA on any project establish and adopt their own employee training program. Staff Training To support and encourage the operations, maintenance, upgrade, and project team integration required for SAM O&M implementation and to streamline the application and certification process.
3 1
7.2
7.3
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8.0 Monitoring and Reporting

8.1
5 5
Documenting Sustainable Measures Track, document, report and promote the CDAs Green Commitment and encourage divisions and tenants airport-wide to join the movement.
132
2/16/2011
Exhibit 13 - Draft Utility Requirements Matrix

O'Hare Terminal 5 Location Information Level Arrivals, Tenant or Use Departure, Mezz. New TSA Passenger Checkpoint Common Area Receiving Checkpoint Westfield Terminal Offices Toilet Rooms NG-1 NG-2 NG-3 NG-4 NG-5 DF-1 DF-2 DF-3 DF-4 DF-5 DF-6 Retail 1 Retail 2 Retail 3 Retail 4 Retail 5 Retail 6 Retail 7 Retail 8 Speciality 1 Food A Food B Future 1 Future 2 Future 3 Restaurant Bar & Restaurant Food 1 Food 2 Food 3 Food 4 Food 5 Food 6 Food 7 Food 8 Food 9 Food 10 Arrivals Arrivals Pre Security Pre Security 1,240 2,140 277/480V 3PH 100A 277/480V 3PH 100A Yes Yes Yes Yes Yes Yes Hudson News Hudson News Hudson News Hudson News Hudson News Dufry Dufry Dufry Boutique Dufry Boutique Dufry Dufry Departures Departures Mezz Departures Departures Departure Departure Departure Arrivals Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Arrivals Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Departure Assumptions Pre / Post Security TSA Checkpoint TSA Checkpoint Post Security Post Security Post Security Post Security Post Security Post Security Pre Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Pre Security Post Security Pre Security Pre Security Post Security Post Security Pre Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security Post Security 308 300 2,135 2,710 2,503 788 862 636 1,200 1,815 950 1,115 2,725 610 845 553 n/a 529 783 645 588 290 210 284 626 626 1,350 168 1,400 2,283 600 635 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 120/208V 3PH 50A 120/208V 3PH 50A 120/208V 3PH 50A 277/480V 3PH 100A 277/480V 3PH 100A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 100A 277/480V 3PH 100A 277/480V 3PH 100A n/a 277/480V 3PH 100A 277/480V 3PH 100A 277/480V 3PH 100A 277/480V 3PH 100A No No No No No No No No No No No No No Yes Yes Not Available Not Available Yes Yes Yes Yes Yes Yes n/a Yes Yes Yes Yes Yes Yes Yes n/a Yes Yes Not Available Not Available No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes n/a Yes Yes Yes Yes Sq. Ft. Power Req'd Water Req'd (List) (size) 120/208V 3PH 100A 120/208V 3PH 50A n/a existing to remain 277/480V 3PH 100A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A 277/480V 3PH 50A Gas Req'd (size) n/a n/a n/a n/a No No No No No No No No No No No No Hood Exhaust Req'd n/a No n/a No No No No No No No No No No No No No
3/2/2011
Space #
Phone Req'd
390 390 390
n/a n/a n/a existing to remain No No No No No No No No No No No No
Yes Yes n/a n/a Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes n/a Yes Yes Yes Yes
Yes Yes
O'Hare Utility Matrix.xls
Construction Phasing
Exhibit 14 - Draft Phasing Matrix & Map
Phase 1 Phase 3 Phase 4 Final
Final Phase
Phase 2
Phase 1 Remove existing travelators & create new retail & food services (6,336 SF) Phase 2 Create a temporary p p y post-security Duty Free in the existing food court y y g Phase 3 New TSA checkpoint, queuing lines, and equipment placement Phase 4 New Duty Free store; food court commons, etc.; New airside boundary glass wall i t ll d at completion of this phase l ll installed t l ti f thi h Final Phases Complete & Open the new Post Security Food Court as well as News & Books in front of TSA.

Westfield RFQ For General Contractor Services

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Professional Services RFQ

REQUEST FOR QUALIFICATIONS

Pre-Construction & General Contractor

Construction Administration and Management

STATEMENT OF QUALIFICATIONS SUBMISSION and SELECTION CRITERIA

Team Experience & Qualifications (20) points

Approach to Project Management (20) points

GUARANTEED MAXIMUM PRICE CONTRACT FOR CONSTRUCTION (STATE OF ILLINOIS)

[OWNER] and [CONTRACTOR]

Westfield, LLC as Construction Manager

CONTRACT FOR CONSTRUCTION

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

By: ________________________________ Its _________________________________ By: ________________________________ Its _________________________________

By: ________________________________ Its _________________________________ By: ________________________________ Its _________________________________

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

LIST OF SCHEDULES AND EXHIBITS

Project Site Plan Index of Defined Terms

Schedule L-1 Exhibit M Exhibit N -

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

SCHEDULE 1 PROJECT SITE PLAN [TO BE INSERTED]

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

EXHIBIT A DRAWINGS AND SPECIFICATIONS [TO BE INSERTED]

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

DEFINITION ............................................................................................................................ B-26 SUBCONTRACTUAL RELATIONS....................................................................................... B-26

GMAX Contract with Pre-Con (IL)

EXHIBIT B GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

ARTICLE 1 GENERAL PROVISIONS 1.1 CERTAIN DEFINITIONS

GMAX Contract with Pre-Con (IL)

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

ARTICLE 3 CONTRACTOR 3.1 DEFINITION

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

DELAYS AND EXTENSIONS OF TIME

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

DECISIONS TO WITHHOLD CERTIFICATION

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

FINAL COMPLETION AND FINAL PAYMENT

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

If Yes, indicate changes.

What affect does the proposed substitution have on construction schedule?

Reason for Request:

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

Designation of maintenance services and sources:

GMAX Contract with Pre-Con (IL) WESTFIELD LA-180143 v1 8/15/07

FOR USE BY WESTFIELD, LLC: ____ Accepted as Noted ____ Accepted

By: Date: Remarks:

By: ________________ Its _ By: Its _________________

By: ________________ Its _ By: Its _________________

FOR USE BY WESTFIELD, LLC: Accepted as Noted Accepted

Contractor Owner _

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(Principal) (Title)

_ (Surety) (Title)

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