First Amendment to Lease Agreement between President and Fellows of Harvard College and athenahealth, Inc.
This amendment to the original lease agreement between President and Fellows of Harvard College (landlord) and athenahealth, Inc. (tenant) expands the leased premises to include an additional 18,000 square feet in Building 311. The landlord agrees to deliver the new space in specified condition and make certain modifications by set dates. The tenant will pay additional rent for the expansion and assume related operating costs and taxes. The amendment also updates definitions and terms in the original lease and confirms that only specified brokers were involved. The expansion term runs until June 31, 2015.
Effective Date: | May 16, 2011. | |
Landlord: | President and Fellows of Harvard College, a Massachusetts educational and charitable corporation. | |
Tenant: | athenahealth, Inc., a Delaware corporation. | |
Lease: | Lease between Landlord, as landlord, and Tenant, as tenant, dated as of November 8, 2004. | |
Existing Premises: | All of Building 97 and portions of the second and third floors of Building 311, containing approximately 133,616 rentable square feet of space in total, all as more particularly described in the Lease. | |
Expansion Premises: | A portion of the third floor of Building 311 containing approximately 18,000 rentable square feet of space, as more particularly described on Exhibit A attached hereto. | |
Expansion Premises | ||
Commencement Date: | The date of execution and delivery of this First Amendment to Lease and delivery by Tenant to Landlord of certificates of insurance evidencing that Tenant is carrying all coverages required to be carried by Tenant with respect to the Expansion Premises pursuant to Section 5.1.20 of the Lease. | |
Expansion Premises | ||
Rent Commencement Date: | October 1, 2011. |
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Annual | Monthly | |||||||
Period | Basic Rent | Basic Rent | ||||||
7/01/05 - 6/30/06 | $ | 2,924,854.24 | $ | 243,737.85 | ||||
7/01/06 - 6/30/07 | $ | 3,025,066.24 | $ | 252,088.85 | ||||
7/01/07 - 6/30/08 | $ | 3,125,278.24 | $ | 260,439.85 | ||||
7/01/08 - 6/30/09 | $ | 3,225,490.24 | $ | 268,790.85 | ||||
7/01/09 - 6/30/10 | $ | 3,325,702.24 | $ | 277,141.85 | ||||
7/01/10 - 6/30/11 | $ | 3,459,318.24 | $ | 288,276.52 | ||||
7/01/11 - 6/30/12 | $ | 3,592,934.24 | $ | 299,411.19 | ||||
7/01/12 - 6/30/13 | $ | 3,726,550.24 | $ | 310,545.85 | ||||
7/01/13 - 6/30/14 | $ | 3,860,166.24 | $ | 321,680.52 | ||||
7/01/14 - 6/30/15 | $ | 3,993,782.24 | $ | 332,815.19 |
Annual | Monthly | |||
Period | Basic Rent | Basic Rent | ||
10/01/11 - 6/30/12 | $484,020.00 | $40,335.00 | ||
7/01/12 - 6/30/13 | $502,020.00 | $41,835.00 | ||
7/01/13 - 6/30/14 | $520,020.00 | $43,335.00 | ||
7/01/14 - 6/30/15 | $538,020.00 | $44,835.00 |
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PRESIDENT AND FELLOWS OF HARVARD COLLEGE | ||||
By: | /s/ Lisa Hogarty | |||
Name: | Lisa Hogarty | |||
Title: | Vice President for Campus Services | |||
By: | /s/ Carolee Hill | |||
Name: | Carolee Hill | |||
Title: | Director Univ. & Commercial Real Estate | |||
ATHENAHEALTH, INC. | ||||
By: | /s/ Timothy M. Adams | |||
Name: | Timothy M. Adams | |||
Title: | Chief Financial Officer |

LANDLORD: | President and Fellows of Harvard College | ||
TENANT: | athenahealth, Inc. |
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300 North Beacon Street
Watertown, Massachusetts 02472
Re: | 311 Arsenal Street, The Arsenal on the Charles Watertown, Massachusetts |
DATE | TITLE | #PAGES | ||
Very truly yours, PRESIDENT AND FELLOWS OF HARVARD COLLEGE | ||||
By: | ||||
Accepted and Agreed: ATHENAHEALTH, INC. | ||||
By: | ||||
Name: | ||||
Title: |
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Building #311
Watertown, MA, 02472
I. | INTRODUCTION | 1 | ||||
II. | PRE-CONSTRUCTION | 2 | ||||
A. | PLANS | 2 | ||||
B. | PERMITS | 2 | ||||
C. | INSURANCE | 3 | ||||
D. | APPROVED CONTRACTORS AND SUBCONTRACTORS | 3 | ||||
E. | CONSTRUCTION SCHEDULE | 3 | ||||
III. | CONSTRUCTION PERIOD | 3 | ||||
A. | SUPERVISION | 3 | ||||
B. | SECURITY | 4 | ||||
C. | FIRE SAFTEY | 4 | ||||
D. | CLEANING/BUILDING PROTECTION | 4 | ||||
E. | NOISE AND VIBRATIONS | 5 | ||||
F. | TELEPHONE AND ELECTRICAL ROOMS | 5 | ||||
G. | ELEVATORS | 6 | ||||
H. | DEMOLITION AND CONSTRUCTION DEBRIS | 6 | ||||
I. | STORAGE | 7 | ||||
J. | INSPECTION | 7 | ||||
IV. | MECHANICAL/DESIGN SPECIFICATIONS | 7 | ||||
A. | HVAC | 7 | ||||
B. | ELECTRICAL INSTALLATIONS | 8 | ||||
C. | PLUMBING | 9 | ||||
D. | FIRE ALARM SYSTEM | 9 | ||||
E. | TELEPHONE HOOKUPS | 10 | ||||
F. | WALLS | 10 | ||||
G. | ENTRY WAY DOORS AND HARDWARE, ETC. | 10 | ||||
H. | WINDOWS/SOLAR SCREENS | 10 | ||||
I. | FIREPROOFING | 10 | ||||
J. | SPRINKLERS | 11 | ||||
K. | ROOFING | 11 | ||||
APPENDIX A : CERTIFICATE OF INSURANCE | 12 | |||||
APPENDIX B : ELEVATOR INFORMATION | 13 | |||||
APPENDIX C : FIREPROOFING REQUIRMENTS | 14 | |||||
APPENDIX D : SUBMITTAL OF DRAWINGS | 15 | |||||
APPENDIX E : RULES AND REGULATIONS | 17 | |||||
APPENDIX F : ARCHITECTURAL AND ENGINEERING GUIDELINES | 20 |
3 Kingsbury Avenue, Watertown, MA 02472
TEL: 617 ###-###-#### FAX: 617 ###-###-#### www.TAOTC.com
I. | INTRODUCTION | |
The Arsenal on the Charles staff looks forward to working with the Tenant and Contractor as fellow members of your Project Team. We want to ensure that the construction is completed smoothly and results in maximum tenant satisfaction. | ||
All construction at The Arsenal On The Charles must be done in compliance with the Buildings Standard Specifications as well as Landlord requirements as detailed in this text. All work must be performed in compliance with all applicable Federal, State and Local Laws, Regulations, Building Codes and Zoning Ordinances. In the event of a conflict, current Laws and Regulations supersede these Specifications. | ||
Approval must be received IN WRITING from the Beal Company Management Office prior to the commencement of any Tenant alteration/construction work. |
CONTRACTOR | BUILDING OWNER | |||||
Project Manager | Primary Contact | |||||
Phone | Phone | |||||
Fax | Fax | |||||
Cell | Cell | |||||
Email | ||||||
Pager | Pager | |||||
Project Supervisor | Secondary Contact | |||||
Phone | Phone | |||||
Fax | Fax | |||||
Cell | Cell | |||||
Email | ||||||
Pager | Pager |
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II. | PRE-CONSTRUCTION | |
A pre-construction meeting must be held with the Tenant, Architect, Engineer Consultant, General Contractor, (Contractor) and Landlords Agent. The term Contractor for the purposes of this manual shall include all sub-contractors, lower tiered sub-contractors and or vendors as may be applicable. As the project progresses, correspondence and questions should be addressed to: |
Beal & Co., Inc. (Landlords Agent) Attn.: Property Manager 3 Kingsbury Avenue, Watertown, MA 02472 |
The Tenant must designate a representative (Tenant Representative) must inform Beal Company Management in writing of the individuals name. The Tenants Representative must be able to make decisions on behalf of Tenant regarding clarification of documents and must be authorized to accept financial responsibility on the Tenants behalf. |
A. | Plans & CAD Files |
1. | The Tenant shall submit preliminary construction drawings of the proposed work to the Management Office for approval. These plans will be reviewed by the Building Staff for safety, impact on neighboring Tenants, and consistency with the Buildings operational strategies. |
2. | All plans shall be dated and shall identify the Architects name, address and telephone number, Tenants name. All submissions to be on sheets 30 x 42 or 24 x 36, drawn to a minimum scale of 1/8. Tenant should maintain a file of copies of all transmissions to the Management Office. |
3. | Prior to any construction, three (3) sets of wet-stamped drawings must be signed as approved by the Management Office, Chief Engineer, and Tenant Representative. This indicates agreement on the plans to be used for construction. |
4. | At the completion of the project, AUTOCAD format must be submitted to the Beal Management office. |
5. | Please refer to Appendix D for a detailed discussion regarding Submittal of Drawings. |
B. | Permits |
1. | Have all required permits posted and submit a copy to the Beal & Company management office prior to proceeding with work. No work shall begin until permits have been received by the Beal Management Office. |
2. | Tenant shall be responsible for payment of all filing fees and for all controlled inspections, permits, and all other code mandated testing/inspections which shall be performed by the Locality, Building Code consultant or Buildings independent consultants, if applicable. |
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C. | Insurance |
1. | A Certificate of Insurance must be delivered to the Beal Management office before proceeding with work. Also the following names as the additionally insured: President and Fellows of Harvard College. Specifications for Certificates of Insurance, Certificates are in Appendix A. |
D. | Contractors and Subcontractors |
1. | All work shall be performed by a licensed Contractor. All contractors and sub-contractors are subject to the approval of the Management Office. | ||
2. | A complete list of contractors, subcontractors and tenant representatives involved with the project should be submitted to the Beal Management Office. | ||
3. | Tenant and Contractor shall make every effort to avoid labor disputes and shall indemnify the Landlord and Landlords Agent against any such disputes. | ||
4. | The Contractor and all his sub-contractors shall furnish labor that will work in harmony with all other elements of labor employed or to be employed in the work and on the premises whether labor is employed by Contractor or its sub-contractors, Landlord, Landlords tenants or any separate contractors and that all construction and/or alterations will be performed in such a manner as to avoid materially interfering with Landlords and its tenants operation of the premises. Contractor shall stop construction or other activity immediately upon notification by Management Office that continuing such construction or activity would or is creating interference. |
E. | Construction Schedule |
1. | A copy of the construction schedule indicating the proposed start and completion dates and proposed hours of construction should be delivered to the Beal Management Office. Prior to and during the construction phase, Contractor shall provide weekly work schedules detailing daily work hours. Regular building business hours are from 8:00 a.m. to 5:00 p.m. (Monday Friday). It will be the responsibility of the Contractor to notify the Beal Management Office if the schedule changes. The construction schedule should be based on the work to be performed as indicated on the Tenants Approved Construction Documents. |
III. | CONSTRUCTION PERIOD |
A. | Supervision |
1. | A foreman in the employment of the Contractor is required to be on the job site at all times when any work is in progress. The foreman shall make himself known to the Beal Management Office, and introduce any replacement, be they temporary or permanent. | ||
2. | All after-hours work by Contractors must be scheduled 24 hours in advance with the Beal Management Office. |
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B. | Security |
1. | Tenant shall contact the Beal Management Office to obtain temporary Building Access Cards for use by the contractor. | ||
2. | Beal Management Office must have access to work areas at all times. |
C. | Fire Safety |
1. | All necessary fire protection (i.e. fire extinguishers and sand buckets) must be in place throughout the construction process. These fire protection requirements shall be provided by the Contractor at Tenants expense, and as directed by the Beal Management Office, and as required by local code. | ||
2. | Properly equipped and trained fire watch personnel shall be posted whenever any type of welding, cutting or burning is taking place, and as required by Federal, State or Local codes. | ||
3. | Specific approval must be obtained from the Beal Management Office any time work may produce smoke, heat, flame, or heavy dust, or at any time when work could potentially cause damage to sprinkler pipes or heads. This includes use of acetylene torches and demolition. This written approval is required in order to coordinate the proper deactivating and reactivating of the appropriate portions of the Buildings sprinkler and Fire Alarm System. The deactivating and reactivating shall only be done by Building personnel. Contractor shall request approval from the Beal Management Office in writing at least 24 hours prior to such work. | ||
4. | Beal Management Office must be notified of all and any hazardous or flammable materials being utilized accompanied with the proper MSDS sheets. All flammable materials (thinners, adhesives, oily rags, gasoline, etc.) must be stored in an approved NFPA (Code 30) fire cabinet at the end of each workday. Cabinets are to be provided by the Contractor. Acetylene oxygen and propane tanks must be removed from the premises at the end of each workday. | ||
5. | Any additional reasonable fire protection requested by the Beal Management Office shall be provided by the Contractor. | ||
6. | The Contractor will protect the Public, Tenant, and Building property by installing all necessary signs, dust protection and all other safety measures required for this work. These reasonable requirements shall include, but not be limited to, ensuring the core Class E system (pull stations and common-area smoke detectors) remain in full operation throughout construction. |
D. | Cleaning/Building Protection |
1. | In order to minimize any adverse impact on tenanted areas in the Building that may be affected by demolition or construction, dust or dirt shall be cleaned by the Contractors labor to the satisfaction of the Beal Management Office. Such spaces include floors, walls and ceilings of multi-tenant corridors, and elevator lobbies and cabs. Cleanup work is the full responsibility of the Contractor. | ||
2. | Dust, which accumulates from work done during normal business hours, shall be cleaned continuously, and that which results from after-hours work shall be cleaned after work is completed. | ||
3. | If no work is planned for the following morning, additional follow-up cleaning of public areas is required no later than 8:00 a.m. the following day to clean dust which may have settled during the night. This requirement includes weekends. |
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4. | The floors must be kept in broom clean condition. The job site is to be maintained in a clean condition. Trash shall be removed at the end of each day and should be carted away from the Building by Contractor at Tenants expense. Debris is not to be left in piles in the Tenant space/work area, public areas such as corridors or freight lobbies, or in the main freight corridor. Containers must be promptly returned to the work area and not left in common areas. Debris, containers, incoming material, tools and the like may not be stored anywhere outside the work area. | ||
5. | Damage to elevator or common areas will be charged directly to the contractor. Protect floors and walls with poly sheets or plywood on the floor. Protection of walls, floors, elevators, ceilings, doors, etc. is the contractor responsibility. Any damages will be the contractors responsibility for repairs. | ||
6. | The Contractor is to use rubber wheeled carts in removing debris and trash from Tenants space. Under no circumstances shall metal-wheeled carts be allowed. All doors are to be protected with paper and cardboard. | ||
7. | Any damage done to the corridors must be repaired by Contractor at the Tenants expense upon completion of the project. Corridor specifications can be obtained from the Management Office. | ||
8. | Appropriate precautions must be taken by Contractor to protect filters on the A/C units from clogging when construction dust is heavy. Contractors should notify the Management Office in advance when such construction activities seem likely. As determined by the Chief Engineer, filters will be replaced at the Tenants expense. | ||
9. | Restrooms shall not be used for cleaning of construction or painting tools or equipment. Contractor will be back charged for an extra cleaning. | ||
10. | Cutting or trenching of the floor slab is prohibited without prior written consent. Coring is allowed ONLY with advance permission. | ||
11. | Any practices that are odor-causing or particulate-generating are prohibited during business hours. | ||
12. | All materials, tools and debris are required to enter and leave the building by the loading dock ONLY. Use of the front entrance doors is strictly prohibited. |
E. | Noise and Vibrations |
1. | Consideration must be given to minimizing inconvenience to other tenants adjacent to the area under construction concerning noise, dust and orders. | ||
2. | Any construction work causing excessive noise and/or vibrations, such as coring, column chipping, setting of anchors, etc. shall not be performed during normal business hours. | ||
3. | Any work that disrupts nearby Tenants must cease immediately upon request of the Management Office and rescheduled for completion on an after-hours basis. |
F. | Telephone and Electrical Rooms |
The following rules shall apply to anyone other than building personnel wanting access to telephone or electric rooms for tenant work: |
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1. | A key must be signed out at the security desk by the person/company performing the work. This sign-out shall require the persons name, company name, name of the tenant which the work is being performed for and the technicians managers name and phone number. | ||
2. | Keys may be signed out between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. All keys must be returned no later than 5:00 p.m. Work outside of these hours will need to be scheduled no less than forty-eight hours in advance. | ||
3. | No key may leave the premises. Any time the working Contractor leaves the floor of work, the room(s) is to be secured. | ||
4. | The Contractor(s) performing the work shall be held liable for keeping the area clean. No parts or equipment are to be stored in these rooms. Rooms are to be cleaned before the Contractor leaves for the day. No building equipment will be used by the Contractor for the task of cleaning these rooms. |
G. | Elevators |
1. | Construction and demolition materials move must be scheduled between 6:00 a.m. and 8:00 a.m. or after 6:00 p.m. weekdays, or on weekends, unless otherwise approved by Beal Management. | ||
2. | The Beal Management Office requires 24 hours notice for the use of an elevator for extended deliveries or the moving of large piece of equipment. | ||
3. | Beal Management Office must be given 24 hours prior notice for a weekday and notice by noon on Thursday for a weekend reservation of an elevator. | ||
4. | The Contractor must clean the elevator and all areas affected by the work after each use. | ||
5. | Elevator use during normal business hours is for routine deliveries only. No exclusive use of these elevators can be granted during this time. Arrangements for after-hours elevator service should be made with the Management Office. |
H. | Demolition and Construction Debris |
1. | All demolition, debris removal, and transporting of large quantities of construction materials must be done before or after regular Building business hours. Arrangements for after-hours freight elevator service should be made with the Beal Management Office at least 24 hours in advance, or on Thursday for weekend work. | ||
2. | All construction debris must be removed from the Building within twenty-four hours. | ||
3. | All dumpsters are to be placed either at the West or East ends of the building only, or in an area designated by Beal Management, and covered at the end of each day. | ||
4. | No construction debris or materials are to be stored or transported through the main lobby/lobbies at any time. |
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I. | Storage |
1. | Contractors are not to store any equipment in building attic stock, electrical closets, phone closets, mechanical rooms, or freight halls. Storage must be coordinated with either the Beal Management Office or the General Contractor and shall in most cases be confined to the construction site. | ||
2. | Anything uncrated at the loading dock, must be removed at the end of the day. The loading dock must be kept clean and contractor will be billed for removal of crates, etc. |
J. | Inspection |
1. | Landlord and/or Beal Management Office has the right to inspect construction operations at any time. |
IV. | MECHANICAL/DESIGN SPECIFICATIONS | |
General | ||
The following items, addressed in the paragraphs below, are among those that must conform to the Building Standard Specifications. |
| HVAC systems | ||
| Electrical installations | ||
| Fire alarm | ||
| Plumbing | ||
| Telephone hookups | ||
| Walls | ||
| Entryway doors, hardware and locks, electric strike, | ||
| Signage | ||
| Windows, solar screens | ||
| Fireproofing | ||
| Security & card access systems |
Shutdown | ||
No shutdown of water, electric, drainage, sprinkler, or HVAC, other than designated working areas, is to be preformed without notice and approval of the building maintenance. A minimum of forty-eight (48) hours notice must be prearranged with the Beal & Company management office. This work may be required to be preformed on an overtime basis. |
A. | HVAC | ||
NOTE: | Whether or not any mechanical work is part of the project, the tenant/contractor shall be responsible for any change in the mechanical HVAC delivery system resulting from any alteration of the space configuration. This shall include: insulating of supply ductwork, relocation of sensors, thermostats, ducts or diffusers, calibration of any temperature controls and air balancing. |
1. | The standard air distribution system is provided by HVAC units. This system is operated and controlled by computer settings via Johnson Controls Software. | ||
2. | Any unused ductwork in tenants premises shall be removed. Prior to removal, Building Management must be notified. |
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3. | HVAC equipment is not to be installed over any wall. Walls are not to be built under any VAV box. If a VAV box is to be installed above a drywall ceiling, access panel must be of sufficient size to allow removal of the motor unit if necessary. | ||
4. | All systems must be restored to good working order and tested by Contractor, at its expense (to include thermostats and modulating controls). | ||
5. | Air Balancing tests on new or modified ductwork are to be conducted by Landlords contractor only at the expense of the Contractor. A report is to be provided to Beal Management. | ||
6. | The only authorized HVAC Control Contractor that may work in the building is Johnson Controls. No other HVAC Control contractor may be used. In addition, only Johnson Controls may update any changes to the HVAC Control System on the Johnson Controls computer. All costs incurred by Johnson Controls are at the sole expense of the contractor. |
B. | Electrical Installations |
1. | Wiring within all closets, or any exposed interior area shall be in EMT from any enclosure to a minimum of 6 above ceiling. | ||
2. | The use of E.M.T or M.C. cable is acceptable. No other wiring methods are acceptable without written consent by Landlord. | ||
3. | All lighting fixtures must be energy efficient. Approved plans indicating these fixtures must be submitted to the Beal Management Office prior to ordering the fixtures. | ||
4. | No back-to-back electrical outlets are allowed in adjacent offices. A minimum of one foot of space between electrical outlets is required. | ||
5. | No sub-panels or piggyback panels are allowed in Building electric closets. | ||
6. | Temporary lights must be provided at all elevator lobbies, fire exits, and equipment rooms on a 24- hour basis. All temporary lights and wiring must be removed at the completion of the project. | ||
7. | All power, including existing, must be routed back to the tenant electrical closet, as applicable, and any penetration into the electrical closet must be fire-stopped. | ||
8. | All unused electrical wiring/conduit/cabling (including telephone) within tenants premises shall be removed back to the source of connection. Prior to removal, the building management must be notified in order to approve the extent of removal and to coordinate the disconnection of related electrical work. This work is to be made part of demolition work. | ||
9. | Tenant electrical panels, if applicable, are required to be in the Tenant space outside of the Building electrical closets. | ||
10. | All panels must be labeled. | ||
11. | The electrician is responsible for final inspection and sign-off by the Electrical Inspector regardless of length of time it takes to schedule inspection date. It is the responsibility of the electrical contractor to ensure that an inspection is done. This shall include any Fire Alarm System work performed. |
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12. | Light fixtures are to be secured to structure by jack chain only. No tie wires of any kind shall be allowed. | ||
13. | No shared neutrals or multi-wire branch circuits shall be allowed on any new or retrofit work. | ||
14. | Cutting or trenching of the floor slab is prohibited. Coring is allowed ONLY with Owners permission in advance. |
C. | Plumbing |
1. | Access doors must be installed at every wet column for accessibility to the valves. | ||
2. | All piping to be abandoned as a result of Tenants Improvements within Tenants premises shall be removed back to the source of connection by Tenant at Tenants expense. Prior to removal, Building Management must be notified in order to approve the extent of removal and to coordinate the disconnection of related plumbing work. This work is to be made part of demolition work. | ||
3. | Any new installation or replacement of a tenant hot water heater shall require that an automatic leak detector and water shutoff be included as an integral part of the hot water installation. |
D. | Fire Alarm System | ||
The Contractor or Electrician shall furnish electrical drawings to Management Office prior to the commencement of construction. These drawings shall include Fire Alarm System (which should be a separate drawing), Riser Diagram and Sequence of Events. The Contractor is responsible for coordinating all work with Management Office. The Buildings Fire Panel contractor, Siemens, shall make the final tie-in of all fire devices to the panel on the respective floor(s) at the Contractors expense. It is the responsibility of the Contractor to ensure that any devices installed be Building Standard and further, that any strobes/horns moved remain on the same circuit to ensure that the system remains in sync. In the event that the moving of horns/strobes causes the system to be out of sync, it will be the responsibility of the Contractor, as its sole expense, to correct the problem. | |||
A work permit must be obtained prior to any work on the fire alarm system from the Town of Watertown. The engineer who designed the mechanical systems shall sign and seal the riser plan and certify, in writing, the completed system to the Town of Watertown prior to the final sign off of the work permit and/or issuance of the Certificate of Occupancy. Also, the electrical contractor shall complete an A433R Form which certifies the correct installation of the fire alarm devices. The signed and sealed plan and A433R Form must be given to the Beal Management Office to complete the fire alarm filing and sign-off. | |||
NOTE: The building is equipped with beam detectors in all atrium spaces that will activate the fire alarm system when crossed. | |||
Any fire alarm testing should be scheduled for off-hours. Fire alarm must be disconnected during the following; |
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E. | Telephone Hookups |
1. | All telephone and data cables are to be made of approved fire resistant wire (such as Teflon coated), or concealed in EMT when running through a return air plenum in a manner acceptable to the Town of Watertown. No Tenant Equipment is allowed in Building Mechanical Equipment Rooms or telephone closets. Tenant Equipment is allowed only in the Tenants space, Permits are required for all wiring, including data and telephone. |
F. | Walls |
1. | Office partition studs must extend to the underside of the slab above. All demising partitions and corridor walls must be extended completely; drywall and studs must extend to the underside of the slab above, per Town of Watertown codes. |
G. | Entry Way Doors, Hardware, etc. |
1. | Entry Way Doors All Tenant Entry Doors on the public corridors of multi-tenant floors are to: |
| Match existing doors of other tenants on the respective floors | ||
| Any deviation from building standard must be approved in writing by Beal Management Office. |
2. | Hardware and Locks Contractors shall utilize locksmith approved by the Landlord. Tenant shall be responsible for keys used within their space in conjunction with the building master keying system. All locks for entrances, closets, exits, labs, computer rooms and offices must also be in conjunction with the building master keying system. | ||
3. | Electric Strike All electrical strikes must be tied in to the Buildings Fire Alarm System by the Buildings Fire Alarm System Contractor. All strikes must fail safe on fire alarm. | ||
4. | Signage Building Standard Signage (frame, size and color) must be used. The sign graphics, if applicable, must be submitted to the Management Office four (4) weeks prior to the Tenants move- in date or date when signage is needed, whichever is earlier, for approval. |
H. | Windows/Solar Screens |
1. | Blinds and shades are only permitted on the perimeter exterior walls of the building. This means only windows that are facing the outside. The specific types used in the building is ThermoViel (dense basket weave). |
I. | Fireproofing |
1. | Fireproofing must comply with all Federal, State and Local building codes. In the event any structural steel is exposed as a result of construction, thorough fireproofing shall be required as part of Contractors scope of work. |
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J. | Sprinklers |
1. | Contractor shall provide three (3) spare sprinkler heads to the Beal Management Office. All sprinkler work will require a Fire Alarm System shutdown before draining. As soon as system is drained, Buildings Sprinkler Contractor will put the building back on line except for the working zones. At the end of the day, Buildings Sprinkler Contractor will refill the system and reset the Fire Alarm Panel, no later than 5:00 pm. | ||
2. | It is the Sprinkler Contractors responsibility to secure the fire pump when refilling the system. No drain-down of the system or refill of the system shall take place unless the Buildings Sprinkler Contractor is physically present on-site. |
K. | Roofing |
1. | Beal Management Office is to be notified when access is required on the roof. | ||
2. | All roof penetrations must get approval by Beal Management and must conform to warranty requirements (Firestone Roofing System). |
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CERTIFICATE OF INSURANCE REQUIREMENTS
I. | The Contractor shall furnish to the Owner a Certificate(s) of Insurance providing the following minimum insurance coverage. Original Certificate(s) of Insurance must be provided before any contractor commences contract duties or contract duties will not be allowed to commence: |
a. | Commercial General Liability: Combined single limit $2,000,000 per occurrence and annual aggregate per location. Such insurance shall be broad form and include, but not be limited to, contractual liability, independent contractors liability, products and completed operations liability, and personal injury liability. A combination of primary and excess policies may be utilized. Policies shall be primary and noncontributory. | ||
b. | Workers Compensation Statutory Limits of the Commonwealth of Massachusetts. | ||
c. | Employers Liability: With minimum liability limits of $1,000,000 bodily injury by accident each accident; $1,000,000 bodily injury by disease policy limit; $1,000,000 per accident. | ||
d. | Commercial Automobile Liability: Combined Single Limit $1,000,000 per accident, Such insurance shall cover injury (or death) and property damage arising out of the ownership, maintenance or use of any private passenger or commercial vehicles and of any other equipment required to be licensed for road use. | ||
e. | Property Insurance: All-risk, replacement cost property insurance to protect against loss of owned or rented equipment and tools brought onto and/or used on any Property by the Contractor. |
II. | Policies described in Section 1.a. and 1.d. above shall include the following as additional insured, including their officers, directors and employees. A GL-2010 Endorsement shall be utilized for the policy(ies) described in Section 1.a. above. Please note that the spelling of these parties must be exactly correct or the insurance is not valid and Contract Duties will not be allowed to commence. |
1. | President and Fellows of Harvard College | ||
2. | Beal and Company, Inc. |
NOTE: Specific insurance requirements available upon request from Beal Management. |
III. | Contractor waives any and all rights of subrogation against the parties identified above in Paragraph 2 as additional insureds. | |
IV. | All policies will be written by companies licensed to do business in the State of Massachusetts. | |
V. | Contractor shall furnish to the Owner Certificate(s) of Insurance for the contractor and all sub-contractors, sub-sub-contractors, etc. evidencing the above coverage. Original Certificate(s) of Insurance must be provided before Contractor commences Contract Duties or Contract Duties shall not be allowed to commence. | |
VI. | Certificate(s) of Insurance relating to policies under this Agreement shall contain the following words verbatim: |
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ELEVATOR INFORMATION
1. | Elevator Entrance: | Located on the West and East ends of the building. | ||||
2. | Hours of Operation: | |||||
A) Business Hours | Normal elevator operating hours for general pickups and deliveries are as follows: Monday through Friday 8:00 a.m. 5:00 p.m. | |||||
B) After Hours | Large moves and extended deliveries must be scheduled before 8:00 a.m. or after 6:00 p.m. weekdays, or on weekends. | |||||
Elevator reservations must be made at least one day in advance with the Beal Management Office. Elevator usage is first come, first served; early reservations are encouraged. | ||||||
3. | Dimensions/Capacity | |||||
Capacity: | 2,500 lbs. | |||||
Dimensions: | West Elevator (elevator #1) | |||||
8 Deep | ||||||
5 3 Wide | ||||||
7 High | ||||||
Door is 4 Wide | ||||||
East Elevator (elevator #8) | ||||||
5 5 Deep | ||||||
6 3.5 Wide | ||||||
7 High | ||||||
Door is 3 5.5 Wide |
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FIREPROOFING REQUIREMENTS
1. | Installation shall comply with the following standards: |
a. | Dry Density: 13 lbs/ft 3 minimum, 17 lbs/ft 3 average. | ||
b. | Compressive Strength: 500 lbs/ft 2 for 10% deflection, ASTM E761. | ||
c. | Impact Bond: No cracking or spalling with 60 lb. bag and 4 height, ASTM E760. | ||
d. | Deflection: No cracking, spalling, delamination or other defect or failure, ASTM E759. | ||
e. | Corrosion Resistance: No corrosion hen tested according to ASTM E937. | ||
f. | Bond Strength: 200 lbs/ft 2 minimum, ASTM E738. | ||
g. | Air Erosion Resistance: 0.25 grams ft2 maximum weight. |
2. | All structural elements (columns, beams, etc.) must have an application to afford three hours of fire resistance. Floors and decking are to be two hours. | |
3. | Application of fireproofing must adhere to the following guidelines: |
a. | Mask and protect adjacent work which could be damaged by over spray or fallout. | ||
b. | Clean substrates of all substances which might be incompatible or inhibit bonding. | ||
c. | Verify that surface members to receive sprayed fireproofing are compatible with fireproofing materials and bonding requirements. | ||
d. | Power clean unpainted members which will receive sprayed fireproofing to remove incompatible materials which could affect bond when scraping, bruising, or washing will not remove the materials. | ||
e. | Assure that installation of clips, hangers, supports, sleeves, shaft wall runners and other items required to penetrate the sprayed fireproofing work is complete. | ||
f. | Verify that ducts, piping, equipment, or other items would interfere with application of fireproofing are not positioned until sprayed fireproofing work is completed. |
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SUBMITTAL OF DRAWINGS
1. | The recommended first submittal shall be a space study indicating the proposed office layout and all required exits. The study shall include egress calculations for tenant space, indicate population loads, exit unit requirements, travel distances, and number of required exits. At this time the Tenant should also be prepared to review any special project-related requirements, such as structural reinforcement or supplemental mechanical, electrical and plumbing systems. | |
2. | The required second submittal of plans shall be a complete set of construction documents, consisting of demolition, architectural, mechanical, electrical, life safety, structural, sprinkler with hydraulic calculations and plumbing, as applicable. These drawings should indicate all special requirements, i.e., supplemental HVAC, floor loading, etc. The drawings must include a cover sheet detailing general terms and conditions, along with relevant specifications and regulations. This set must also include all necessary detail drawings. A title sheet should include the site plan including the building address, block, lot and zone. All drawings should predominantly display the tenant and floor involved. All additional project manuals and/or associated specifications will be presented at this time. | |
3. | All plans shall be dated and shall identify the Tenant Architects name, address and telephone number, Tenants name and suite number. All submissions to be bound and collated on sheets 30 x 42 or 24 x 36, drawn to a minimum scale of 1/8. Tenant shall provide copies of all construction-related transmittals to the Beal Management Office. | |
4. | Prior to any construction three (3) sets of Building Approved drawings and construction documents must be stamped and signed by the General Manager, Chief Engineer and Tenant Representative. This indicates agreement on the plans to be used for construction. Each party shall retain one set of drawings for record purposes. | |
5. | Please note that plans and drawings must not be folded. | |
6. | The Tenant Representative is responsible for submitting immediate written notification to the Management Office of all changes or deviations in the construction from that shown on the approved construction set of drawings. |
1. | Beals Management Office on-site staff will have all documents reviewed for compliance with current regulations and building compatibility. This review will not absolve the Tenants Architects, engineers and contractors from their sole responsibility to design and build in accordance with all applicable regulations in a manner consistent with the Tenants requirements and in an acceptable tradesmen-like quality. | |
2. | The first submittal consisting of an architectural conceptual design will be reviewed and comments returned to the Tenants representative in (7) seven working days. This submittal should include a space study indicating the proposed office layout and all required exits. | |
3. | The second submittal consisting of a complete set of construction documents as outlined under PLANS, will be reviewed and comments returned to the Tenants representative in (10) ten working days. |
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4. | The third submittal consisting of a complete set of construction documents, amended to incorporate all of the required modifications, from the preceding reviews. These documents may now be released to building approved general contractors and sub-contractors for bidding purposes. Beal Management Office will not allow construction to commence until such time all relevant code or lease related issues raised by this project are resolved. A complete set of approved construction documents must be now turned over to the Beal Management Office. | |
5. | The filings for permits are to be presented to the Building signed and sealed by all required parties accompanied by two sets of all required signed and sealed project documents. The Building will keep a copy of all applications and the second set of signed and sealed project documents for its records. | |
6. | Tenant shall be responsible for payment of all filing fees and for all controlled inspections, permits, and other code mandated testing/inspections, which will be performed by the Locality, Building Code consultant or Buildings independent consultants. | |
7. | Copies of all approved applications, project documents and permits must be delivered to the Beal Management Office upon their receipt and prior to the commencement of work. | |
8. | During the course of the Project, the Building Representative will receive, in a timely manner, copies of all approved submittals, including shop drawings for all materials, equipment and systems. | |
9. | The Building will receive two (2) sets of installation, operation and maintenance instructions for all architectural, mechanical, electrical, plumbing, fire and life safety systems and their components. These should be produced in the form of Project Installation, Operation & Maintenance Manuals. | |
10. | Upon completion of construction, two (2) sets of as-built drawings must be submitted to the Beal Management Office, indicating all changes and deviations from the previously approved construction set of drawings. This set shall be dated and marked As-Built, for Record and shall be signed by both the Tenant and the Tenants Architect. This set will include all As-Built shop drawings from the respective mechanical, electrical, life safety trades and with any CAD files in AUTOCAD format. |
1. | Prior to any construction, the contractor should prepare a work schedule to be approved by the Beal Management Office and the Tenant. The schedule should include work start date and anticipated completion date; the schedule will be based on the work to be performed as indicated on the Tenants approved construction documents. In addition, the schedule shall clearly indicate the anticipated dates for all work, which can be reasonably expected to impact or disrupt the normal functioning of the Building or other Tenants. |
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RULES AND REGULATIONS
1. | Prior to any activities, Service Contractor shall agree to abide by and conform to these R&Rs and shall acknowledge such agreement for itself and all others performing any portion of the Work by or through the Service Contractor, including subcontractors and material suppliers by executing these R&Rs where shown. | |
2. | If Service Contractor is hired directly by Tenant, Tenant will be primarily responsible for Tenants Service Contractor and its subcontractors, workmen, suppliers, etc. Any action detrimental to the Property is the sole responsibility of the Tenant. Service Contractor shall be responsible for enforcing these R&Rs with all its subcontractors, workmen suppliers, etc. | |
3. | Plans and specifications setting forth all architectural, mechanical, electrical and other aspects of the Work to be performed by the Service Contractor shall be submitted and approved by Agent in writing prior to commencement of Work. Upon completion, Service Contractor shall deliver to Agent As-built drawings of electrical, mechanical and any deviations from original approved plans. Electrical panels must be labeled. | |
4. | All costs, including but not limited to, costs for permits, fees and licenses necessary for the execution of Contract Duties shall be the sole and exclusive obligation of the Service Contractor or its subcontractors. | |
5. | Service Contractor shall be responsible for its actions on site as well as those of its subcontractors. Service Contractor shall promptly repair any damage to the Property caused by Service Contractor or its subcontractors or material suppliers at no cost to Owner or Agent. Care shall be taken to protect ceilings, walls, doors, and carpets of public areas when moving construction materials, trash, etc. | |
6. | Service Contractor is responsible for the security in the work area and at its expense shall provide its own watchman as required. All risk of loss to all property of the Service Contractor and its subcontractors, including but not limited to, tools and materials located on the Property, shall be the sole and exclusive responsibility of Service Contractor and its subcontractors, and Agent shall have no responsibility. | |
7. | Service Contractor shall give all notices and comply with laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Contract Duties. | |
8. | All workers shall maintain their actions while at the Property in a professional manner to include but not limited to: |
a. | No abusive language. | ||
b. | No alcohol or drugs. | ||
c. | No smoking or drinking in public areas. | ||
d. | No use of radios in areas that are accessible to the public or from which the public may hear them being played. |
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9. | No storage of supplies or trash will be allowed on the Property at any time. All work and adjacent areas are to be kept clean and free of trash, debris and non-useful materials at all times at Service Contractors cost. Failure to do so will result in Agent providing this service and charging the Service Contractor accordingly. | |
10 | No storage of flammable substances will be allowed at the Property unless approved by Agent and in accordance with approved building codes and regulations. | |
11. | No interviewing of job applicants or subcontractors will be allowed on-site without prior written approval by Agent and prior scheduled appointment. | |
12. | There will be absolutely no use of Tenant and/or Building property to include, but not limited to, telephones, dollies, ladders, photocopiers, vacuums, etc. unless specifically approved in writing by Agent prior to its use. | |
13. | All deliveries will be scheduled with Agent. A prior notification of at least 24 hours but not more than seven days is required. Scheduling of elevator time through Agent for deliveries and trash removal will be the responsibility of Service Contractor. | |
14. | Service Contractor shall coordinate with and provide prior written notice to Agent when access to occupied space is required. Service Contractor shall give notice according to the following schedule. |
a. | Less than one hour required in the space; provide 24-hour advance notice. | ||
b. | Less than one day required in the space; provide two days advance notice. | ||
c. | More than one day required in the space; provide three days advance notice. |
15. | All Service Contractors must sign in with the security guard. An Agents representative must be contacted that the Contractor is on-site. | |
16. | Service Contractor shall not be permitted any identifying signage or advertising unless approved by Agent in writing. | |
17. | Service Contractor shall turn off lights and all other equipment at night after completion of work for the day. | |
18. | Building hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Work beyond these hours is subject to approval by Agent. | |
19. | The Service Contractor may only use the freight elevator to transport equipment, materials or supplies. Agent reserves the right to restrict times Service Contractor may use freight elevator. | |
20. | Service Contractor shall arrange for pre-inspection of Tenant suites prior to construction to identify items subject to potential claims for breakage, theft, abuse, damage, etc. Service Contractors General Superintendent and Subcontractor Foreman, Tenant Representative, and Agents Property Manager and Building Engineer shall attend pre-inspections. | |
21. | Service Contractor shall not interfere with other Tenants in such a manner as to cause unnecessary inconvenience or disruption. Work of this nature must be scheduled before 8:00 a.m. and after 6:00 p.m. Work that disrupts nearby Tenants must cease immediately upon request of the Agent and rescheduled for completion on an after-hour basis. | |
22. | Use of odor causing or particulate generating practices during normal business hours is prohibited. |
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23. | Agent shall have the right from time to time as may be required, to inspect or perform work within the property. Agent shall have the right to suspend Service Contractors Work in the property if such work, in the opinion of the Agent, is presenting or may present a danger to life, safety, or property, or in an emergency situation. |
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ARCHITECHTURAL AND ENGINEERING GUIDELINES
1. | One connection to the site water mains which are supplied from the Watertown municipal water system. | ||
2. | A fire pump to boost system pressures to required levels. | ||
3. | A standby power supply for the fire pump. | ||
4. | A system of combined standpipe risers to supply sprinkler systems of each floor as well as hose connections within exit stairs. | ||
5. | Three sprinkler systems per floor with each arranged to be supplied from two separate standpipes. | ||
6. | Complete supervision of all operation characteristics and components of the sprinkler and standpipe systems. | ||
7. | Complete coverage of all levels of the building with automatic smoke detectors. |
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| Trash rooms | ||
| Physical Plant and Maintenance Shops |
| Storage rooms over 50 sq. ft. in area |
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| Class I interior finish within all exit stairs. | ||
| Class II or better interior finish within all exit access corridors serving only office areas. | ||
| Class III or better interior finish within rooms or spaces of assembly and office areas. (T-803.4). |
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Summary of Atrium Requirements
Massachusetts States Building Code Sixth Edition
1 | Classify any openings in the floor systems connecting two or more stories as an atrium. (404.1). |
2 | Provide a complete automatic suppression system in the portions of the building not separated from the atrium by two hour fire separation partition and floor assemblies (404.2). |
3 | Limit the use of the floor of the atrium low hazard uses with approved materials and decorations unless appropriately protected with automatic fire suppression system. (404.3). |
4 | Allow exit discharge through the atrium in accordance with the rules for exit discharge through a lobby in Section 1020.0. (404.3.1). |
5 | Provide a smoke control system as required by Section 921.0. (404.4) |
6 | Separate the atrium from adjacent spaces by 1-hour fire separation walls, fire rated windows or tempered, wired or laminated glass walls constructed as required by Section 404.5 [Exception 2] except as noted in Item 7 below (404,5). |
7 | Allow up to three levels of the building to be open to the atrium without the separation required by Item 6. (404.5, Exception 3). |
8 | Provide automatic smoke detectors within and at the perimeter of the atrium and on the ceilings of spaces not separated from the atrium (404.6.) |
9 | Arrange automatic smoke detectors within the atrium space to sound fire alarms upon activation of an two or more of the detectors. (Not required). |
10 | Activate the fire alarm system using signals from sprinkler system water-flow detectors and manual pull stations. (406.6, 917.7,1). |
11 | Utilize a voice or non-voice alarm system which complies with the detailed provisions of Section 917.9. (404.6) |
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