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The Residences at Water Tower
180 East Pearson Street
Chicago, Illinois 60611
Amended Remodeling Rules and Procedures
Adopted by the 180 East Pearson Homeowners Association Board of Directors
Effective: August 10, 2017
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TABLE OF CONTENTS
PREAMBLE ................................................................................................................. 1
SECTION I. GENERAL ITEMS ................................................................................... 1
A. INTRODUCTION ............................................................................................... 1
B. CONTACT INFORMATION ............................................................................... 2
C. OTHER PORTIONS OF THE BUILDING ........................................................ 2
D. COORDINATION ............................................................................................... 2
E. CONDOMINIUM ASSOCIATION RIGHT TO PERFORM CORRECTIVE
ACTION ................................................................................................... 3
F. CONDOMINIUM ASSOCIATION RIGHT OF ACCESS .................................. 3
G. EXPENSES OF ASSOCIATION’S PROFESSIONAL ....................................... 3
SECTION II. PRE-REMODELING REQUIREMENTS FOR ALL WORK ................. 3
A. INSURANCE ....................................................................................................... 3
B. PERMITS, FEES AND NOTICES ..................................................................... 4
C. PROJECT CLASSIFICATION ........................................................................... 4
D. MANAGEMENT’S DETERMINATION OF WORK CATEGORY .................... 6
E. CATEGORY A PROJECTS - SUBMISSION PROCEDURES AND
REQUIREMENTS .................................................................................. 6
F. CATEGORY A PROJECTS - REQUIREMENTS TO OBTAIN AN
“APPROVAL TO PROCEED” ................................................................. 6
G. CATEGORY B PROJECTS - SUBMISSION PROCEDURES AND
REQUIREMENTS .................................................................................. 8
H. CATEGORY B PROJECTS - ASSOCIATION PROFESSIONAL’S REVIEW .. 9
I. CATEGORY B PROJECTS-REQUIREMENTS TO OBTAIN AN “APPROVAL
TO PROCEED” ...................................................................................... 10
J. START-UP MEETING ...................................................................................... 11
K. IDENTIFICATION/ACCESS/SECURITY ....................................................... 12
SECTION III. REMODELING REQUIREMENTS ................................................... 12
A. GENERAL ......................................................................................................... 12
B. HOURS OF WORK & CONDUCT OF WORKERS ......................................... 13
C. CORRIDOR/UNIT DOOR PROTECTION ....................................................... 14
D. WORK IN COMMON AREAS .......................................................................... 14
E. STORAGE OF MATERIALS ............................................................................ 15
F. WINDOWS ........................................................................................................ 15
G. GENERAL CARPENTRY ................................................................................. 15
H. ELECTRICAL ................................................................................................... 16
I. PLUMBING ....................................................................................................... 17
J. CONCRETE CHIPPING, CHANNELING, CUTTING AND CORING
PROCEDURES ..................................................................................... 19
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K. MECHANICAL/ELECTRONIC/CABLE .......................................................... 19
L. CEILINGS/HVAC/HEAT .................................................................................. 21
M. FLOORING FINISHES & DUST/ODOR PROTECTIION .............................. 22
N. HARD SURFACE FLOORING ACCOUSTICAL REQUIREMENTS ............. 22
1. General .................................................................................................. 22
2. Pre-Approved Flooring Systems ........................................................... 22
3. Complaint Procedure for a Pre-Approved Flooring Assembly ............ 24
4. Approval Based On Post-Installation Testing of Floor ....................... 25
5. Inspections ............................................................................................ 27
O. STRUCTURAL LOADING OF FINISHED FLOORING ............................................27
P. UTILITY SERVICE INTERRUPTIONS .....................................................................28
Q. FIRE PROTECTION ....................................................................................................28
R. CLEAN-UP ...................................................................................................................29
S. PROTECTION FROM WATER/FREEZING ...............................................................30
T. ENVIRONMENTAL PROTECTION ...........................................................................30
U. SUPERVISION ............................................................................................................30
V. SAFETY REQUIREMENTS ........................................................................................30
SECTION IV. HOISTING .......................................................................................................31
A. FREIGHT ELEVATOR ................................................................................................31
B. DELIVERY PROCEDURES/SCHEDULING ..............................................................32
C. LOADING DOCK .........................................................................................................32
D. HOISTING DELAYS ...................................................................................................33
EXHIBIT A ACKNOWLEDGMENT AND INDEMNITY ...................................................34
EXHIBIT B-1 CONTRACTOR’S INSURANCE REQUIREMENTS FOR CATEGORY A
PROJECTS ......................................................................................................35
EXHIBIT B-2 CONTRACTOR’S INSURANCE REQUIREMENTS FOR CATEGORY B
PROJECTS ......................................................................................................38
EXHIBIT C SUBMISSIONS REQUIREMENTS CHECKLIST: ........................................41
EXHIBIT D-1 APPROVAL TO PROCEED CONTINGENT ON OBTAINING PERMITS
LETTER ..........................................................................................................46
EXHIBIT D-2 APPROVAL TO PROCEED WITH DEMOLITION ONLY LETTER .............50
EXHIBIT D-3 APPROVAL TO PROCEED LETTER .............................................................54
EXHIBIT E AUTHORIZATION BY UNIT OWNER(S) TO ADMIT CONTRACTORS TO
BUILDING ......................................................................................................58
EXHIBIT F HARD FLOORING SURFACE DETAILS .......................................................59
EXHIBIT G DEPOSITS, FEES AND FINES ......................................................................60
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PREAMBLE
These Amended Remodeling Rules and Procedures (these “Rules”) are part of the
Rules and Regulations including the House Rules, of the 180 East Pearson
Homeowners Association (“Association”), which implement and supplement the
Association’s Amended and Restated Declaration and Bylaws (“Declaration”).
Capitalized terms used but not defined herein or in the House Rules shall have the
same meaning ascribed to such terms in the Declaration.
If any provision of these Rules conflicts or is inconsistent with any provision of the
Association’s Rules and Regulations as in effect on August 10, 2017, the provision in
these Rules will be controlling. These Rules apply equally to all Owners, occupants,
lessees, residents and guests. These Rules may be amended from time to time by
the Association’s Board of Directors (“Board”).
SECTION I. GENERAL ITEMS
A. INTRODUCTION
These Rules must be followed by each Unit Owner (“Owner”) and each General
Contractor (“Contractor”) hired by an Owner in connection with any renovation,
remodeling or alterations to a Unit, regardless of the scope of the work, including,
but not limited to painting, wallpapering, installation of appliances and plumbing
fixtures, installation of window coverings or other remodeling (“remodeling” or
“Work”) in the Residences at Water Tower (the “Condominium”). Note that the term
“Contractor” as used in these Rules shall apply equally to any Owner acting as
his/her/their own Contractor.
These Rules must be read and an ”Acknowledgment and Indemnity” in the form
attached as Exhibit A signed by Owner and Contractor PRIOR to commencing any
Work so that all parties are familiar with, and acknowledge they will comply with,
the requirements of these Rules.
Contractor is responsible for ensuring that its workers and its subcontractors and
associates and any of their respective workers (collectively “Workers”) are familiar
with, and acknowledge they will comply with, the requirements of these Rules.
Whenever Work is performed in a Unit, the Owner is ENTIRELY responsible for all
aspects of the Work, whether the Owner has engaged a professional contractor, or is
acting as his/her own Contractor.
The Association’s management (“Management”) oversees implementation of these
Rules and shall be the liaison between Owner and the Board.
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Violations of these Rules may result in fines against the Owner or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the Condominium).
B. CONTACT INFORMATION
Management Office Hours Monday – Friday 8:30am-5:30pm
Management Office Phone 312-337-5303
Receiving Room Hours Monday – Friday 8am-6:00pm
Saturday 9am-3pm
Receiving Room Phone: 312-337-5463
Door Person: 312-337-5385 (24 hours)
Concierge: 312-337-5437
Loading Dock: 312-440-3160
Garage: 312-440-3162
Security: 312-440-3594 (24 hours)
Emergency: Call 911 then advise Lobby Staff of the emergency so that
preparations can be made to assist emergency personnel upon their arrival.
C. OTHER PORTIONS OF THE BUILDING
In addition to the condominium portion of the building, Water Tower Place also
includes a hotel and an office/retail component. These Rules relate only to Work
done in the Condominium.
D. COORDINATION
Contractor shall plan, coordinate and execute his Work in such a way as to
preserve the integrity of existing operating systems of the Condominium, the
hotel and the office/retail components of the building, and at no time may the
Work negatively impact the Condominium’s status under any permit or other
governmental requirement to which the Condominium is subject.
Contractor agrees that if, during the period of Work, picket lines or boycotts or
other visible activities objectionable to Association are conducted or carried out by
or against Contractor, its contractors or subcontractors or any of their respective
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employees, on or about the Condominium, Association may, but shall not be
obligated to, immediately close the Contractor’s job site in the Subject Unit and
remove or cause to be removed all personnel therefrom until such picket line,
boycott or objectionable activity has been removed to Association's satisfaction.
E. CONDOMINIUM ASSOCIATION RIGHT TO PERFORM CORRECTIVE
ACTION
If, in the sole judgment of the Association, an emergency exists as a result of the
Work, which in the Association's opinion requires immediate corrective action, then
the Association may, without notice to Contractor, perform such corrective action or
cause it to be performed by others. In such case, any costs (including general
requirements and fees) arising from such corrective action will be borne by the Unit
Owner.
F. CONDOMINIUM ASSOCIATION RIGHT OF ACCESS
The Association reserves the right of access (including without limitation by one or
more retained outside architect(s), engineer(s) or construction manager(s) (each
individually and collectively, “Association’s Professional”)), to any Unit at any time
to observe the Work. Contractor shall cooperate with the Association and
Association’s Professionals during access for observation of Work. The Contractor
shall provide access for observation of the Work. Furthermore, the Association
reserves the right to stop, delay or request investigative demolition for any work
which has not been approved or which deviates from the approved plan.
G. EXPENSES OF ASSOCIATION’S PROFESSIONAL
Whenever Association’s Professional is called to review or inspect plans or Work,
pursuant to these Rules, the minimum charge for such review or inspection will
be one hour at the Association’s Professional’s prevailing hourly rate at the time
of review or inspection.
Owner is responsible for Association’s Professional’s charges, and these charges
along with any other charges that Owner is obligated to pay pursuant to these
Rules will be added to Owner’s monthly assessment for the month immediately
following incurrence of the charges. Owner agrees to pay the entirety of all such
modified monthly assessments.
SECTION II. PRE-REMODELING REQUIREMENTS FOR ALL WORK
A. INSURANCE
Contractor shall secure and maintain all of the insurance coverages set forth in
Exhibit B.
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B. PERMITS, FEES AND NOTICES
All Work must be performed in strict accordance to all applicable building and fire
codes as well as licensing requirements and permit restrictions of all governmental
agencies. Different types of permits may be required by the City of Chicago,
depending on the proposed scope of Work. Association or Association’s Professional
may make recommendations regarding permits, but the determination of whether a
permit is required or not lies with the City of Chicago, and is the sole responsibility
of Owner to obtain. Owner shall obtain building permit(s) and for all other permits,
fees, licenses and instructions necessary for the proper execution and completion of
the Work.
If the scope of Work should change or increase during the course of the Work, and
a permit is required due to that change, Owner bears the responsibility to obtain
the required permits.
Copies of all permits must be filed with the Management office prior to the
commencement of any work. Contractor shall also file with the Management office
a copy of his and any of his subcontractors’ (including plumbers’, electricians’,
architects’, engineers’ and sprinkler contractors’) professional license(s).
If Contractor performs any Work which the Contractor knows or, in the
reasonable performance of his obligation should know, to be contrary to Illinois
law or municipal regulations and does not notify the Owner and Association,
Contractor and the Owner shall be jointly and individually responsible to the
Association for making all changes required to comply with such regulations; and
the Owner and Contractor shall jointly and individually bear all costs arising
from such violations and each will indemnify and hold the Association, the Board
of Directors and Management harmless from any and all liabilities, costs and
losses resulting from such violations. The receipt by the Association of a building
code violation notice from the City of Chicago or a notice from any other state or
municipal department shall be prima facie evidence that Contractor had notice of
a violation under this paragraph.
C. PROJECT CLASSIFICATION
Remodeling projects are divided into two categories, at the discretion of
Management, which are defined as follows:
Category A (minor) projects are small decorating and remodeling projects that do
not have a material impact on any Common Elements or Limited Common
Elements, whether or not they require a permit, such as:
a. Painting or wallpapering.
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b. Installation of window shades that are not powered by electricity, or
where wiring is already installed.
c. Surface decorating.
d. Installation of carpeting.
e. Installing or modifying low-voltage wiring, such as telephone wiring,
Internet connections, and the like, unless the job entails making
connections to line voltage wiring, work within the circuit breaker
panel, or modification of common telephone, TV cable, and/or
internet wiring.
f. Sink, faucet, toilet (standard, flushing toilets that are not powered by
electricity or have electrical components) or tub replacement, except
whirlpool tubs, as long as such items are not moved from their original
location.
g. Replacement of existing plumbing or electrical fixtures in their
original location, with no movement or modification of the system,
lines, wiring, or capacity.
h. Replacement of like for like appliances (refrigerator, dishwasher, washer,
dryer, etc.), at their original location, if no modification of existing lines,
wiring or capacity is involved, and subject to the proper installation of
high-pressure shut-off valves prior to replacement.
i. Replacement of low-voltage thermostats.
j. Replacement of cabinetry/countertop.
Category B (major) projects are all projects that involve work that is not included in
or limited to Category A, such as:
a. Adding, modifying or removing walls.
b. Modification of the Subject Unit’s plumbing, mechanical or electrical
systems, including all new washing machine, wet bar and whirlpool
installations.
c. Installation of hard surface flooring (see Section II.N for additional
requirements).
d. Any project that involves any work impacting the common hall including
relocating or eliminating entry doors.
e. Combining Units.
f. Taking Common Element space including parts of mechanical, electrical,
and/or plumbing chases.
g. Any projects affecting structural, mechanical, electrical, plumbing, and
fire protection construction owned by the Association.
h. Any projects affecting the Association’s exterior wall construction
including windows.
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D. MANAGEMENT’S DETERMINATION OF WORK CATEGORY
Management will determine the Category of every Work project on the basis of a
Written Scope of Work that must be submitted on behalf of the Owner, and
reserves the right to engage the Association’s Professional to assist with such
determination at Owner’s expense. Once Management has determined the
classification of the Work, the Owner must provide the applicable submission
requirements, as detailed below, to Management to continue the approval
process. In the event the scope or schedule of Work should change or increase
following initial classification of the Work, Owner shall inform Management
immediately and Owner shall be required to submit a written revised descriptive
document and the determination process must be completed again.
E. CATEGORY A PROJECTS - SUBMISSION PROCEDURES AND
REQUIREMENTS
For Category A projects, two (2) printed copies and one (1) digital copy of a proposed
Project Scope and Schedule (including description of the Work, anticipated
commencement date, duration of Work, estimated completion date, and anticipated
material delivery schedules) must be submitted to Management to begin the Project
Review process. Refer to the "Submission Requirements Checklist" attached as
Exhibit C.
Management’s review may take up to 10 business days. Despite such review by
Management, neither Management nor the Association makes any
determination as to the Plan’s soundness or compliance with applicable law.
This step of the review process will result in one of the following:
• Request for further information
• Rejection of proposed Project Scope and Schedule
• Preliminary approval of proposed Project Scope and Schedule
In the event the proposed Project Scope and Schedule should change during or
after the preliminary approval process, Owner shall inform Management
immediately and Owner shall be required to submit a written revised proposed
Project Scope and Schedule, and the review process must be completed again.
F. CATEGORY A PROJECTS - REQUIREMENTS TO OBTAIN AN “APPROVAL
TO PROCEED”
Once preliminary approval from Management has been received, the following
items are to be submitted in order to receive an “Approval to Proceed letter
Contingent on Obtaining Permits” in the form attached as Exhibit D-1, or if no
permits are required, an “Approval to Proceed letter” in the form attached as
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Exhibit D-2. Please refer to Step 3A of the "Submissions Requirement Checklist"
attached as Exhibit C.
a. Acknowledgment and Indemnity, signed by Unit Owner and Contractor.
Refer to "Acknowledgment and Indemnity" attached as Exhibit A.
b. Certificates of Insurance, including Workers Compensation and
Employers' Liability insurance, from each Contractor and subcontractor as
outlined in “Contractor’s Insurance Requirements” attached as Exhibit B.
c. “Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit,” signed by Owner listing all Contractors and Subcontractors,
including names and phone numbers, so they may be included on the dock
security entry authorization list and reached in case of an emergency.
Refer to “Authorization by Unit Owner to Admit Contractors &
Subcontractors to Unit,” attached as Exhibit E
d. A copy of the Business License for each Contractor and subcontractor
performing Work in the Subject Unit.
An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to
“Approval to Proceed Letter Contingent on Obtaining Permits” attached as
Exhibit D-1), completed and signed by the Board President or designee and
countersigned by Owner shall be provided to Owner to enable Owner to obtain
all necessary permits.
Upon Owner’s submission of a copy of each signed required permit, or, if no
permits are required for the Category A project, an “Approval to Proceed
Letter” (refer to “Approval to Proceed Letter” attached as Exhibit D-3), shall be
issued. Such Approval to Proceed Letter completed and signed by the Board
President or designee and countersigned by Owner and placed on file in the
Management Office is required prior to the commencement of any Work other
than demolition Work as provided below. No Worker access will be allowed
prior to the Approval to Proceed other than for demolition Work as provided
below.
In the event any signed required demolition permit(s) is obtained and
submitted prior to obtaining any other required permits, an “Approval to
Proceed with Demolition Only Letter” (refer to “Approval to Proceed with
Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such
Approval to Proceed with Demolition Only Letter completed and signed by the
Board President or designee and countersigned by Owner and placed on file in
the Management Office is required prior to the commencement of any
demolition Work and is limited to the demolition Work described in the
submitted permit(s). No Worker access will be allowed prior to the Approval to
Proceed other than for the demolition Work described in the submitted
permit(s).
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In the event the approved Work and/or its duration should change after issuance of
an Approval to Proceed Letter, Owner shall inform Management immediately, the
approval process must be completed again for any Work that has been added or
substantially changed, and such Approval to Proceed Letter shall become void with
respect to such Work unless and until the renewed approval process is completed
and an updated Approval to Proceed Letter is issued pursuant to this Section.
Work approved in the original Approval to Proceed letter may proceed during the
renewed approval process.
Violations, potentially resulting in fines against the Owner or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the Condominium), will
be issued if any demolition Work begins prior to issuance of an Approval to
Proceed with Demolition Work Only Letter (if applicable) or any Work other
than demolition Work permitted under the Approval to Proceed with
Demolition Work Only Letter begins prior to issuance of an Approval to Proceed
Letter.
Work must begin within 90 calendar days of issuance of an Approval to Proceed
Letter, or the approval process must be completed again.
As a courtesy to other Owners, Owner shall, and shall cause Contractor to, work
diligently to minimize the active construction period and to complete all Work by
the estimated completion date. If the Work does not progress in a timely manner,
Association or Association’s Professional has the right to confer with Owner
and/or Contractor to develop a program that will ensure that the Work is
performed in an expedited fashion so that completion meets with the expectations
of the Association.
G. CATEGORY B PROJECTS - SUBMISSION PROCEDURES AND
REQUIREMENTS
For Category B projects, two (2) printed copies and one (1) digital copy of the
following items must be submitted to Management to begin the Project Review
process. All plans and specifications must be prepared by an engineer or
architect licensed by the State of Illinois; with the exception of projects limited to
hard surface flooring improvements. Refer to the "Submission Requirements
Checklist" attached as Exhibit C.
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• Proposed Project Scope and Schedule, including description of the Work,
anticipated commencement date, duration of Work, estimated completion
date, anticipated material delivery schedules, and plan and anticipated
schedule of any required shut downs or drain downs
• Installation details providing proposed structural loading capacities and
penetrations
• Proposed Floor Underlayment Product Specification (if applicable)
• Proposed New Floor Plan Drawing indicating all areas of Work
• Proposed Demolition Plan Drawing, must show all existing conditions
• Proposed New Plumbing Drawing, must include isometric diagrams
for water and waste
• Proposed New HVAC Drawing (if applicable)
• Proposed New Electrical Drawing, including wiring diagrams
• Proposed bathtub or whirlpool product information. This
submission must include the weight of tub when full (if applicable)
• Letter to the Board of Directors requesting modification of the
Common Elements or Limited Common Elements (if applicable)
The above documents will be submitted to the Association's Professional for
review. Management and Professional’s review may take up to ninety (90)
calendar days. This step of the review process will result in one of the following:
• Request for further information
• Rejection of proposed scope of Work
• Preliminary approval of proposed Work.
In the event any of the items submitted under this paragraph should change
during or following preliminary approval of the proposed Work, Owner shall
inform Management immediately and Owner shall be required to submit a written
revised version of each such affected item(s) and the preliminary approval process
must be completed again.
H. CATEGORY B PROJECTS - ASSOCIATION PROFESSIONAL’S REVIEW
The expense for the Association Professional’s review of Category B projects shall
be borne by Owner. Detail of the items that in the Association’s Professional’s
judgment should and will be reviewed is available upon request to Management.
Association’s Professional and Owner shall work cooperatively in the event
Association’s Professional proposes revisions to the submitted plans, but if such
revisions cannot be reconciled in a manner satisfactory to the Association, Owner
shall be required to abide by any Work revision notations indicated by the
Association’s Professional’s review.
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Despite such review by the Association’s Professional, neither the
Association nor the Association’s Professional makes any determination as to
the Plans’ soundness or compliance with applicable law.
I. CATEGORY B PROJECTS-REQUIREMENTS TO OBTAIN AN “APPROVAL
TO PROCEED”
Once preliminary approval from Management has been received, the following
items are to be submitted in order to receive an “Approval to Proceed Contingent on
Obtaining Permits letter” in the form attached as Exhibit D-1. Please refer to Step
3B of the "Submissions Requirement Checklist" attached as Exhibit C.
a. Acknowledgment and Indemnity, signed by Unit Owner and Contractor.
Refer to "Acknowledgment and Indemnity" attached as Exhibit A.
b. Certificates of Insurance, including Workers Compensation and
Employers' Liability insurance, from each Contractor and subcontractor as
outlined in “Contractor’s Insurance Requirements for Category B Projects”
attached as Exhibit B-2.
c. “Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit,” signed by Owner listing all Contractors and Subcontractors,
including Names and Phone Numbers, so they may be included on the
dock security entry authorization list and reached in case of an emergency.
Refer to “Authorization by Unit Owner to Admit Contractors &
Subcontractors to Unit,” attached as Exhibit E.
d. A copy of the Business License for each Contractor and subcontractor
performing Work in the Subject Unit.
An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to
“Approval to Proceed Letter Contingent on Obtaining Permits” attached as
Exhibit D-1), completed and signed by the Board President or designee and
countersigned by Owner shall be provided to Owner to enable Owner to obtain
all necessary permits.
Upon Owner’s submission of a copy of each signed required permit, an
“Approval to Proceed Letter” (refer to “Approval to Proceed Letter” attached as
Exhibit D-3), shall be issued. Such Approval to Proceed Letter completed and
signed by the Board President or designee and countersigned by Owner and
placed on file in the Management Office is required prior to the commencement
of any Work other than demolition Work as provided below. No Worker access
will be allowed prior to the Approval to Proceed other than for demolition Work
as provided below.
In the event any signed required demolition permit(s) is obtained and
submitted prior to obtaining any other required permits, an “Approval to
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Proceed with Demolition Only Letter” (refer to “Approval to Proceed with
Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such
Approval to Proceed with Demolition Only Letter completed and signed by the
Board President or designee and countersigned by Owner and placed on file in
the Management Office is required prior to the commencement of any
demolition Work and is limited to the demolition Work described in the
submitted permit(s). No Worker access will be allowed prior to the Approval to
Proceed other than for the demolition Work described in the submitted
permit(s).
In the event the approved Work and/or its duration should change after
issuance of an Approval to Proceed Letter, Owner shall inform Management
immediately, the approval process must be completed again for any Work that
has been added or substantially changed, and such Approval to Proceed Letter
shall become void with respect to such Work unless and until the renewed
approval process is completed and an updated Approval to Proceed Letter is
issued pursuant to this Section. Work approved in the original Approval to
Proceed letter may proceed during the renewed approval process.
Violations, potentially resulting in fines against the Owner or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the Condominium), will
be issued if any demolition Work begins prior to issuance of an Approval to
Proceed with Demolition Work Only Letter (if applicable) or any Work other
than demolition Work permitted under the Approval to Proceed with
Demolition Work Only Letter begins prior to issuance of an Approval to Proceed
Letter.
Projects must begin within 90 calendar days of issuance of an Approval to Proceed
Letter, or the approval process must be completed again.
As a courtesy to other Owners, Owner shall, and shall cause Contractor to, work
diligently to minimize the active construction period and to complete all Work by
the estimated completion date. If the Work does not progress in a timely manner,
Association or Association’s Professional has the right to confer with Owner
and/or Contractor to develop a program that will ensure that the Work is
performed in an expedited fashion so that completion meets with the expectations
of the Association.
J. START-UP MEETING
Contractor and Unit Owner shall attend a meeting with Management prior to any
Work being performed in a Unit.
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K. IDENTIFICATION/ACCESS/SECURITY
Owners must supply to the Receiving Office the name and contact information of
Owner’s Contractor, and Contractor must supply to the Receiving Office a list of all
Workers (subcontractors and workers of the General Contractor, subcontractors or
associates) who seek entry to the Condominium in connection with the Work. The
list must indicate at least one supervisor who meets the criteria of Section III.U
below. Refer to “Authorization to Admit Contractors and Subcontractors” attached
as Exhibit E. Contractor is responsible for notifying the Receiving Room of any
changes in personnel.
Workers must enter through the Mies van der Rohe entrance, be signed in by the
Receiving Room Attendant, and pick up a Security Pass.
Workers are required to leave photo identification. This identification will be
returned upon departure from the Condominium and return of the Security Pass.
Security Passes must be worn in a visible place at all times, Workers without passes
will be asked to leave by Management or staff.
If the Contractor obtains the key to a Unit kept in the Keytrak System, an
appropriate form of I.D. must be left with the Receiving Room Attendant until the
key is returned.
Owners are prohibited from giving Contractor or any Workers a Unit key or key fob.
SECTION III. REMODELING REQUIREMENTS
A. GENERAL
Any and all Work in Units is subject to these Rules.
All Work is to be performed in strict accordance with the plans which have been
submitted and accepted by the Association.
All Work is subject to inspection and review by the Association and/or Association’s
Professional while Work is underway. If the Association deems it necessary for an
Association Professional to review the Work in progress or Work which has deviated
from the approved plan, the expense of this review shall be borne by the Unit
Owner.
However, for all Category B projects, the Association will require the Association’s
Professional to make periodic visits to inspect the Work and the expense shall be
borne by the Unit Owner. ALL PLUMBING, ELECTRICAL, MECHANICAL,
HEATING, AIR CONDITIONING, CEILING AND FLOORING WORK MUST BE
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INSPECTED AND APPROVED IN WRITING BY THE ASSOCIATION OR THE
ASSOCIATION’S PROFESSIONAL BEFORE WALLS OR CEILINGS ARE
CLOSED OR FLOORING COMPLETED. FAILURE TO DO SO WILL RESULT IN
THE REOPENING OF WALLS, CEILING OR FLOORING FOR INSPECTION AT
THE OWNER’S EXPENSE. Without limiting the generality of the foregoing, it is
Owner's responsibility to schedule inspections with Management after application
of any latex cement fill, after the installation of underlayment (in the case of hard
surface flooring installations), after the perimeter acoustical sealant is installed (in
the case of hard surface flooring installations), prior to walls being closed (in the
case of installation of new plumbing and electrical), and at completion of the project.
The results of these inspections will be provided in a written document and Owner
agrees to comply with the completion of any portions of work that are required by
this document.
No modifications to or constructions on the roof or facades of the Condominium
shall be permitted.
B. HOURS OF WORK & CONDUCT OF WORKERS
Workers may access the Condominium floors, via the freight elevator only after
signing in with the receiving room, starting at 8.00am, but may not make any
noise until 9.00am and must be out of the Condominium by 5.00pm.
No Work is permitted on Saturday, Sunday, or holidays, and Workers are not
allowed in the Condominium on those days. No Exceptions.
Work entailing excessive noise, such as grinding, scraping and hammering, may
never occur on a Friday, over the weekend, or on federally recognized holidays
and may occur on any other days and times only as scheduled by Management at
its discretion upon at least three weekday’s prior written notice to Management.
Efforts must be made to limit the duration of such Work.
Complaints regarding the violation of approved days/hours could result in a
Contractor being denied access to the Condominium.
At no time may Workers congregate in or enter areas of the Condominium other
than the Subject Unit
Workers must use the freight elevator and are not allowed on the passenger
elevators, unless specific written authorization is granted by Management.
Owners must provide Contractor and Workers with private restroom facilities.
Public restrooms are not available.
Owners are prohibited from giving Contractor or any Workers a Unit key or key fob.
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C. CORRIDOR/UNIT DOOR PROTECTION
Contractor shall use the utmost care to avoid damage to the corridors and the
exterior (i.e., side visible from the corridor) of any Unit door (“Exterior Doors”)).
All Common Elements from the freight elevator to the Unit must be protected.
Floors should be covered with rigid protection board (“Masonite” or Association
approved equal) securely taped end-to-end. Self-stick plastic may NOT be used
because its use damages the cut-pile carpets in the hallways. Exterior Doors
should be covered with rigid protection board (“Masonite” or Association approved
equal). Contractor must maintain the protection in good condition and replace it
when requested.
Contractor must pick up the corridor and Exterior Door protection upon
Management’s request and, in any event, by 4.00pm each Friday and re-laid each
Monday morning for the duration of the project. In the interest of safety, drop
cloths are prohibited.
The Unit Owner shall be responsible for all costs associated with any repairs to
the corridors, elevators or other Common Elements caused by the Unit Owner’s
Contractors, Subcontractors or their respective employees.
Contractor shall promptly inform Management of any damage or loss to any
property caused in whole or in part by Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or by anyone for whose acts any of
them may be liable. The repair of such damage to Unit Doors shall be performed
by the Association and reimbursed by Owner as set forth below.
A refundable deposit in the amount set forth in “Deposits, Fees and Fines”
attached as Exhibit G. shall be required for any Category B projects prior to the
commencement of Work. This deposit shall be used as security for potential
corridor, elevator, Common Elements and/or Unit Door damages and clean up
that may occur. This deposit will be held interest free by the Association until
completion of the Work. The Association reserves the right to use any portion of
the deposit for corrective action necessary to repair areas of the Property
damaged by Contractor. Any time such damage occurs, it can be repaired with
monies from this deposit, and the Unit Owner will be required to restore the
deposit to the original level. Contractor can be denied access to the Condominium
until the deposit is restored to the original level. Any unused portion of the
deposit shall be returned to Unit Owner after completion of the Work.
D. WORK IN COMMON AREAS
Contractors shall not use any Common Elements, vacant areas, corridors or
stairways for performing or for staging of any Work.
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E. STORAGE OF MATERIALS
All of Contractor's materials must be stored in the Subject Unit. Storing of
materials in corridors, vacant areas, etc. is not permitted. Flammable materials
are not to be stored within the Condominium. They must be used and removed
the same day. Failure to comply with these regulations may result in immediate
removal of all material by the Association at the Owner's expense.
Contractor and each Subcontractor and Sub-subcontractor and material supplier
shall be responsible for the proper care and protection against damage and theft of
all its materials, equipment, and tools delivered to the Condominium, and shall
bear the risk of loss and/or damage thereto.
Contractors making deliveries need to make arrangements for obtaining access to
the Unit at the time of the delivery. Such access can only be made through the
Management Office during regular office hours and only then with prior written
permission from the Unit Owner or the Contractor.
F. WINDOWS
Windows must remain closed during Work since open windows can adversely affect
the heating and cooling systems of the Condominium, as well as result in odor
transfer. Drilling into window frames for any purpose, including installation of
window treatments is prohibited.
Contractor must provide negative air-pressure “scrubbers,” to control any air-borne
particles and odors within the Unit during construction. Category A projects require
scrubbers only when substantial dust or odors are generated. Clean filtered air may
be dispensed through the window openings.
G. GENERAL CARPENTRY
All Work is to be completed by a qualified carpenter in a safe and workmanlike
manner.
All construction shall use non-combustible materials in compliance with the high-
rise section of the building code.
All construction materials shall be installed per the construction material
manufacturer’s latest published technical and installation data.
Fire treated wood blocking may be used. Fire treated wood sheathing may be used
in tub platforms and shower benches.
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Fire rated 5/8" gypsum board is the building standard. Cement board
(“Durrock” or equal) must be used in wet areas.
All fire rated partitions (corridor, demising, and chase) shall be constructed per
the original building drawings. Details are available from Management.
Penetrations in demising and corridor walls (for electrical receptacles, junction
boxes and switches) shall be acoustically enclosed; details shall be provided for
Association acceptance prior to construction. Vibration/noise producing devices
(TV, speakers, etc.) or recessed niches are prohibited in demising and corridor
walls.
There shall be no metal-to-metal contact between any two dissimilar building
systems. Examples, which are not all-inclusive:
1. No contact between mechanical ductwork and metal studs at wall framing
system.
2. No contact between mechanical ductwork and ceiling suspension systems.
H. ELECTRICAL
All electrical Work is to be completed by an electrician licensed by the City of
Chicago in a safe and workmanlike manner. Contractor must ensure that all
electrical Work is inspected by the Association’s Professional or maintenance staff
(as applicable) BEFORE any new openings are closed.
Electrical panels must have an unobstructed clearance for a minimum of thirty-
six (36) inches. Adjustable shelves and removable closet rods are considered
obstructions.
Electrical panels must be covered or protected at all times during the Work.
Ground Fault Interruption receptacles must be used in all bathrooms, kitchens,
wet-bars, laundries and all other areas where water is used or likely to be
present. All electrical codes must be followed.
Increasing the capacity of the electrical service to a Unit is prohibited. Access to the
Electrical Meter Room is prohibited without the Chief Engineer being present.
See Section III.J for channeling prohibitions.
All TV master antenna system and telephone service work must be completed
by a contractor reasonably acceptable to the Association. Any secondary branch
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lines off of the main riser or branch line wiring throughout a Unit must be done
by Unit Owner’s qualified contractor.
All Work to be performed on cable lines must be by the Condominium's cable
company and at the expense of the Unit Owner.
Contractor shall use the Unit's metered electrical service. Electrical use from
Common Elements is prohibited.
A COPY OF COMPLETED SIGNED PERMITS FOR ALL ELECTRICAL WORK
MUST BE PROVIDED TO THE MANAGEMENT OFFICE UPON
COMPLETION OF THE ELECTRICAL WORK.
I. PLUMBING
All plumbing Work is to be completed by a plumber licensed by the City of
Chicago in a safe and workmanlike manner. Contractor must ensure that all
plumbing Work is inspected by the Association’s Professional or maintenance
staff (as applicable) BEFORE any new openings are closed.
All modifications to common plumbing risers must be completed by a contractor
reasonably acceptable to the Association. Any secondary branch lines off of the
main riser or branch line wiring throughout a Unit must be done by Unit
Owner’s qualified contractor.
Relocation of common piping risers (waste lines, open site relief drains, venting
stacks, domestic hot and cold water, chilled water, etc.) is strictly prohibited.
Grease traps are not permitted.
All copper piping plumbing connections inside the wall are to be sweat soldered
copper. Compression fittings are allowed only when exposed and ONLY on lines
less than ¼ ", e.g., ice-makers, drip pans, etc.
Main plumbing supply lines shall be installed with shut off valves to allow for
complete shut off of water supply to the Subject Unit. There is a lump sum
charge for each riser shut down in the amount set forth in “Deposits, Fees and
Fines” attached as Exhibit G, which expense will be billed to the Owner. All
shut-downs require at least three (3) business days advance notice and
Management acceptance.
Individual shut-off valves are required for all newly installed plumbing fixtures.
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High-pressure shut-off valves must be properly installed prior to the start of any
fixture replacement.
All drain and supply lines must be capped until a fixture is reconnected.
All relocated plumbing fixtures must drain into the original waste riser.
Copper or stainless steel piping is required; plastic, PVC, etc. are NOT
permitted.
Plastic bodies and concealed tanks are NOT permitted. Wall-mounted toilets are
NOT permitted. Cutting into the riser/stack is strictly prohibited without
Association acceptance prior to construction commencing.
Plumbing modifications to Units which require penetration of the slab (above or
below) are NOT permitted.
See Section III.J for channeling provisions.
All Units shall have domestic water supply shut-off (“ball”) valves with an
access panel or opening. If other Units are affected by the proposed
construction, Contractor may also be required to provide water supply shut-off
(“ball”) valves in those Units.
If drain piping is being removed or replaced, directional tees need to be installed
with proper direction of flow.
If a water-shut down is required to move branch lines, Contractor will be required
to maintain accessibility to the original ball valves as well as any new valves that
may be installed. The location of the new valve and the original valves must be
accessible. Installation of these valves will prevent future building riser shut
downs for that location.
All new plumbing lines must be fully secured within the walls.
Contractor shall inform Management prior to rodding of drain lines in connection
with the installation of any new sink, tub or shower. All rodding and any blockage
repair shall be done by Owner’s qualified contractor at the Owner’s expense.
Whirlpool tubs and other pump or motor-equipped fixtures shall be installed with
acoustical blanket insulation and neoprene vibration isolation pads to prevent
direct contact between the pump/motor assembly or piping and the concrete floor
or wall structure. The neoprene rubber pad shall be a Mason Industries “Super
W” isolation pad or Association’s Professional approved equivalent. The pump
model and all working components must be accessible. Association must be
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notified at least three (3) business days in advance of these types of installation.
Only whirlpools that move air (not water) through piping are allowed.
At least three (3) business days’ notice, including estimated downtime, is required
for all domestic water riser or sprinkler drain downs. Domestic Water Shutdowns
and Sprinkler System Shutdowns are limited to the hours of 9am-2pm on
Tuesday, Wednesday & Thursday. A fee in the amount specified in “Deposits, Fees
and Fines,” attached as Exhibit G will be charged to the Unit Owner for each
occurrence.
Contractor shall protect all water facilities from freezing and protect the
Condominium from all leakage and water damage.
A COPY OF COMPLETED SIGNED PERMITS FOR ALL PLUMBING WORK
MUST BE PROVIDED TO THE MANAGEMENT OFFICE UPON COMPLETION
OF THE PLUMBINGWORK.
J. CONCRETE CHIPPING, CHANNELING, CUTTING AND CORING
PROCEDURES
Channels in any non-structural concrete topping are allowed. However, if any other
concrete chipping, channeling, cutting, or coring is proposed; it must be approved by
the Association prior to the work commencing. The Unit Owner shall provide
structural calculations, details, and Structural Engineer’s statement confirming
that “the proposed work will not detrimentally affect the building.” The Unit
Owner’s Structural Engineer shall be licensed in the state of Illinois and shall sign
and seal all documents. The Association may have its own Structural Engineer
provide a “peer review,” and all associated costs shall be borne by the Unit Owner.
All Association approved cored openings shall be scanned with ground penetrating
radar (advance notice to all Unit Owners required) to avoid hidden reinforcing bars.
Association approved small openings may be chipped to avoid reinforcing bars and
all repairs shall be made with structural grout.
K. MECHANICAL/ELECTRONIC/CABLE
Contractor must ensure that all mechanical, electronic and cable Work is
inspected by the Association’s Professional or maintenance staff (as applicable)
BEFORE any new openings are closed.
All modifications to common risers must be completed by a contractor
reasonably acceptable to the Association. Any secondary branch lines off of the
main riser or branch line wiring throughout a Unit must be done by Unit
Owner’s qualified contractor.
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Manufacturer’s specifications shall be submitted for Unit file on any “new”
mechanical equipment (fan coil units, humidifiers, etc.) to be installed. Equipment
should utilize commonly available internal filters.
All fan coil units and other ceiling mounted fans, motors or pumps shall be
installed with spring, isolation hangers, type SLF as manufactured by Mason
Industries, Inc., or Association’s Professional-approved equivalent. All fan coil
units which are floor mounted shall be installed on free standing spring type
isolators complete with 1/4" neoprene acoustical friction pads between base plate
and support. All fan coil units shall be equipped with a flexible fitting between the
fan coil and the ductwork and between piping and the fan coil.
Any new Work shall allow for complete accessibility for maintenance and removal
of the fan coil units, humidifiers, filters, etc.
All new fan coil units, furnaces, humidifiers, and/or steam generating
equipment shall have drip pans with water sensor shut-off devices.
Any new piping shall have shut off valves installed at all fixtures.
Kitchen and bath venting shall be connected to the original existing ductwork and
have accessible exhaust grills with operable dampers that close when not in use and
the lights are turned off.
New Kitchen exhaust hoods shall exhaust (via hard ductwork) into the building’s
common kitchen exhaust ductwork. If the kitchen exhaust hood is larger than
building standard, the Unit Owner shall be required to pay for rebalancing of the
building’s common kitchen exhaust system; this additional work shall be provided
by Association’s Professional at the Unit Owner’s expense.
No bath exhaust fans are permitted. Provisions shall be made for any new soffits
and/or casework to accommodate the existing common exhaust vent opening.
No signaling device of any type, no loudspeaker or similar device, creating sound
of any type, or device containing transformers, motors, or any rotating or
vibrating parts of any type may be situated on demising and perimeter walls,
floors or ceilings in contact with the building’s structure.
All Work on cable lines must be performed by the Association’s cable company
at the expense of the Owner. Cable wiring is individual to each unit and comes
into the apartment through the phone box usually located in the storage
closet. Additional Unit Owner wiring can then be distributed throughout the
apartment as each Unit Owner wishes. All cable wiring must be the wiring
then currently used by the Association.
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L. CEILINGS/HVAC/HEAT
When drop ceilings are removed for any reason, Contractor must ensure that the
Association’s Professional or maintenance staff (as applicable) inspects the area
BEFORE the new ceilings are closed. Contractor must ensure that the
Association’s Professional or maintenance staff (as applicable) inspects all HVAC
or heat Work BEFORE any new openings are closed.
The area above the ceiling is often used as a return plenum for the air-
conditioning system, and any change to the structure of the plenum could
adversely affect airflows. All construction including wiring in the “Plenum” ceiling
shall be building code compliant and “Plenum Rated”.
If "can" lights in the plenum are to be changed, City approved (“Plenum Rated”)
fixtures must be used.
Original ventilation damper boxes should be used whenever possible.
Chilled water fan coil units are the only acceptable means of cooling the units.
Chilled water cannot be used for any other system.
If a clothes dryer is removed, the vent must be sealed air-tight to prevent foreign
debris entering the system.
The original heat in units is electric radiant, supplied by thin gauge wire applied
into the concrete ceiling of each individual room and is controlled by thermostats.
The ceiling/floor structure is concrete with limited suspended ceilings. The ceilings
contain radiant electric heat wiring in a surface applied thermo-plaster coating. The
thermo-plaster coating may not be removed. Care must be taken when attaching
anything (framing, window treatments, etc.) to the ceiling. Additionally,
consideration must be taken to address heating if the original radiant heating
system (in the ceiling) is disconnected. Before placing fasteners in the ceiling, verify
that embedded heat mat wiring is properly located (or the system is temporarily
disconnected) in the ceiling plaster. No walls and/or soffits shall cover active heat
wiring. Relocate portions of any heat wiring field where a conflict occurs, and then
repair the ceiling plaster and paint finish before making the field active again.
Heat fields are located in 9' high ceiling areas of the major rooms. Penetrations,
including lighting, that damage or disturb the radiant heat grid are not allowed.
The only exception is the den area with a lowered plenum at the window area.
Recessed fixtures cannot be used in this area.
Unit Owner acknowledges that ceilings as originally constructed provide sound
isolation benefits and that alteration or removal of any portion of the as-
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constructed ceiling may result in increased sound transmission from adjoining
units.
A COPY OF COMPLETED SIGNED PERMITS FOR ALL HVAC AND
HEATING WORK MUST BE PROVIDED TO THE MANAGEMENT OFFICE
UPON COMPLETION OF THE ELECTRICAL WORK.
M. FLOORING FINISHES & DUST/ODOR PROTECTIION
No construction dust or odors shall enter Common Element space or other Units.
Provide dust protection enclosures and negative air-pressure “scrubbers” to control
any air-borne particles and odors. “Glitsa” wood floor finishing products (or any
other high-odor producing products) are prohibited without Management approval
and special ventilation precautionary measures.
Contractor is required to tape door openings, vents and close windows prior to
refinishing floors.
N. HARD SURFACE FLOORING ACCOUSTICAL REQUIREMENTS
1. General.
Board approval is required for ALL hard surface flooring. In order to minimize
sound transmission between units, no hard surface flooring (including but not
limited to stone, wood, engineered flooring, ceramic tile, and vinyl flooring) may be
installed in any unit after August 10, 2017 without the Board’s prior written
approval. Board approval will be granted only if the flooring assembly is a “Pre-
Approved Floor System” or for any other flooring assemblies, if the flooring
assembly is field-tested after installation and found to satisfy the performance
specifications indicated below.
While these rules are designed to maintain a high level of sound insulation,
Owners should be aware that, in a multi-family building, there can be no
guarantee of absolute soundproofing between units, whether on the same or
different floors. See the House Rules for provisions regarding nuisance noise
activities.
Owners acknowledge that ceilings as originally constructed provide sound isolation
benefits and that alteration or removal of any portion of the as-constructed ceiling
may result in increased sound transmission from adjoining units.
2. Pre-Approved Flooring Systems.
Based on acoustical testing conducted in the building with various flooring
materials and underlayments, the Board has determined that each of the following
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flooring assemblies, if properly installed with non-defective materials, will result
in a finished floor assembly that satisfies the Board’s requirements for sound
transmission between units (“Pre-Approved Floor System”). Therefore, the Board
will approve requests for hard surface flooring, without need of any acoustical
testing, for the following two Pre-Approved Floor Systems. Pre-Approved Floor
System #1 is for Tile Flooring (stone tile, ceramic tile & porcelain tile), and Pre-
Approved Floor System #2 is for Wood/Laminate Flooring (Solid wood, engineered
wood, laminate & luxury vinyl tile) directly adhered and floating flooring
assemblies.
a. Pre-Approved Flooring System #1 - Tile Flooring
1. At the perimeter of the entire floor and the periphery of all protrusions to
that floor, install a perimeter isolation board of 3/4” thick, closed cell
expanded polyethylene within 1/4” of the finished surface. (Kinetics Noise
Control manufactures such a perimeter board, type P.I.B.). Ensure that
there is no bridging over perimeter isolation thereby short- circuiting
isolation when grouting is done.
2. Provide a perimeter isolation joint around all built-in casework in contact
with the flooring.
3. Place 5/8" Kinetics SR floorboard over concrete slab, butting all edges
tightly.
4. Place 7/16" glass mesh mortar units, formerly known as "Wonderboard,"
onto the SR Floorboard, leaving 1/4" gaps between each sheet. The units
of "Wonderboard" should be taped on the underside, edge- bonded and
fiberglass taped on the top with a skim coat of Portland cement.
5. Install all products as per the manufacturer's recommendations.
6. After the tile is set and grouted, check for perimeter bridging.
7. Seal floor perimeter with Acoustical (Flexible) Sealant.
8. A sealant is required at the perimeter of the entire floor and the periphery
of all protrusions to that floor. This joint should be 1/8" wide from the
finished top of the tile. This joint must be filled with an elastomeric
sealant or an acoustical sealant. Hard grout is unacceptable.
9. Refer to “Hard Flooring Requirements – Tile Flooring” attached as Exhibit
F for a schematic of Pre-Approved Floor System #1
b. Pre-Approved Floor System #2 - Wood /Laminate Flooring (Glue
Down or Nail Down)
1. At the perimeter of the entire floor and the periphery of all protrusions to
that floor, install a perimeter isolation board of 3/4” thick, closed cell
expanded polyethylene within 1/4" of the finished surface. Ensure that
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there is no bridging over perimeter isolation thereby short-circuiting
isolation.
2. Provide a perimeter isolation joint around all built-in casework in contact
with the flooring.
3. Place 5/8" Kinetics SR floorboard over concrete slab, butting all edges
tightly.
4. Apply first layer of 3/8” (minimum) plywood on top of SR Board. After
applying glue or mastic, place a second layer of 3/8” (minimum) plywood
90 degrees to the first layer offset so that the seams do not line up, then
screw down the center and comers of this top layer of plywood to the first
layer being sure not to penetrate the underlayment.
5. Provide an additional layer of 3/4” plywood in the same plane as any
underfloor electrical conduit or wiring. Acoustically isolate all electrical
conduit and junction boxes in the hard surface flooring assembly.
6. Install wood floor on top of plywood by glue or nails. Select nail length
based on the nails not penetrating the Kinetics SR board, or a rubber
based adhesive such as Wakol TS 102
7. Install all materials as per the manufacturer's recommendations.
8. Seal floor perimeter with Acoustical (Flexible) Sealant. A sealant is
required at the perimeter of the entire floor and the periphery of all
protrusions to that floor. This joint should be 1/8" wide from the finished top
of the tile. This joint must be filled with an elastomeric sealant or an
acoustical sealant. Hard grout is unacceptable.
9. Refer to “Hard Flooring Requirements” attached as Exhibit F for a
schematic of Pre-Approved Floor Assembly #2.
Contractor shall confirm that the Unit is supplied with fresh air from a Corridor
vent. Provide 1/2” clearance under all bathroom doors for ventilation. Provide 1”
clearance under any base-board heater cover for proper ventilation. Additionally,
provide a gap under all wall bases and shoe moldings to allow an acoustical
separation between the hard surface flooring and wall structure.
For each Pre-Approved Floor Assembly, Contractor must certify in writing (a) that,
to Contractor’s best knowledge, none of the materials or methods used were
defective, and (b) that all materials have been installed per manufacturer’s
recommendations and that the completed flooring assembly has been installed per
the applicable specifications above.
3. Complaint Procedure for a Pre-Approved Flooring Assembly.
The owner of a unit located immediately below a Unit having a Pre-Approved Floor
Assembly installed after August 10, 2017 may request in writing that the flooring
assembly be investigated for compliance with these rules. Such request shall
include a description of the nature, room location, frequency and duration of the
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noise giving rise to the complaint as well as a description of any modifications from
original as built condition made to Complaining Owner’s ceiling. Reference is
hereby made to the Owner acknowledgments set forth in Section III.N.1 above.
The President of the Board or designee shall request that the complaining Owner
deposit with the Association 100% of the estimated cost of inspecting such flooring
assembly. Upon receipt of such deposit, Associate’s Professional will inspect the
flooring assembly for compliance with these rules, and the complaining owner and
the owner of the Unit containing the hard-surface flooring must both cooperate
fully with such inspection. The determination of Associate’s Professional shall be
final and conclusive on all parties.
If a Pre-Approved Flooring Assembly is found by Associate’s Professional to have
been properly installed in accordance with the submitted specifications using non-
defective materials and methods, then the full cost of the investigation shall be
borne by the complaining owner out of his or her deposit, and no action will be
taken against the owner of the Unit with the hard surface flooring.
If a Board-approved flooring assembly is found by Associate’s Professional to have
not been properly installed, not installed in accordance with the submitted
specifications, and/or installed with defective materials or methods, then the
complaining owner’s deposit shall be fully refunded; the full cost of the
investigation shall be borne by the owner of Unit containing the hard-surface
flooring assembly; and the owner of the Unit with the hard-surface flooring
assembly must remove the Unit’s flooring assembly and replace it with wall-to-
wall carpeting or a Pre-Approved Flooring Assembly that complies with these
rules within thirty (30) calendar days.
4. Approval Based On Post-Installation Testing of Floor.
Any hard surface flooring that is not a Pre-Approved Flooring Assembly will be
approved only:
a. With Contractor’s written certification (i) that, to Contractor’s best
knowledge, none of the materials or methods used were defective, and
(ii) that all materials have been installed per manufacturer’s
recommendations; and
b. If an acoustical engineer engaged by the Board field tests the fully-
installed flooring assembly in the Unit in question and provides the
Board with written confirmation that the floor assembly satisfies the
following two performance specifications:
(i) The finished floor assembly has a field impact insulation
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class rating of not less than 55 AIIC when field-tested in
the Unit in accordance with the American Society for
Testing Materials (ASTM) Designation E-1007 ("Field
Measurement of Tapping Machine Impact Sound
Transmission Through Floor-Ceiling Assemblies") with
classification in accordance with ASTM Designation E
989 "Standard Classification for Determination of Impact
Insulation Class (IIC)"; and
(ii) The Absorption Normalized Impact Sound Pressure
Level (ANISPL) of the flooring assembly, as tested and
calculated in accordance with ASTM E-1007 (“Field
Measurement of Tapping Machine Impact Sound
Transmission Through Floor-Ceiling Assemblies and
Associated Support Structures”), does not exceed 47 dB
in the 400 Hz one-third octave frequency, 41 dB in the
630 Hz one-third octave frequency, and 36 dB in the 1000
Hz octave frequency.
In the event the conditions of clauses 4(a) and (b) are not satisfied, the owner of the
Unit with the hard surface flooring must remove the Unit’s flooring assembly and
replace it with wall-to-wall carpeting or a Pre-Approved Flooring Assembly that
complies with these rules within thirty (30) calendar days. The Unit Owner bears
all risks of installing a flooring assembly other than a Pre-Approved Flooring
Assembly.
The Owner requesting approval for hard surface flooring that is not a Pre-
Approved Flooring Assembly must bear the full cost of acoustical testing,
regardless of whether the flooring is approved. The owner of any Unit located
immediately below a Unit seeking approval for installation of hard surface
flooring shall provide the Board’s acoustical engineer with reasonable access to
such Unit to conduct acoustical testing.
Every request for approval of a hard surface floor assembly that is not a Pre-
Approved Flooring Assembly must be accompanied by detailed specifications for
the flooring assembly, data sheets for all installation materials, detailed
construction/installation details, and a written certification from a licensed
architect or engineer that the flooring assembly satisfies the performance
specifications noted above.
A hard surface flooring assembly that has been approved through acoustical
testing as specified above (an “Approved Acoustically Tested Flooring Assembly”) is
not subject to challenge by other Unit Owners, but a copy of all certification and
test results described above in this Section 4 will be supplied by Management upon
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request by Owner of any adjacent unit.
.
5. Inspections.
All hard surface flooring installations are subject to in-progress and post-completion
inspections by the Association’s Professional and/or staff. An interim inspection of
every hard surface flooring installation is required after the latex concrete fill is
installed, after the acoustical underlayment is installed, after the subflooring
(plywood or cement board) is installed, and after any hard surface flooring and base
is installed. Unit Owner shall be responsible for all costs associated with such
inspections, whether performed by Association’s Professional or staff.
O. STRUCTURAL LOADING OF FINISHED FLOORING
The following procedures must be strictly adhered to as it relates to the leveling of
floor slabs under different types of finished flooring installation.
Wood/Laminate Flooring Assembly (Solid wood, engineered wood, laminate & luxury vinyl tile)
Detail B on “Hard Flooring Requirements” attached as Exhibit F illustrates the
approved section for a “Wood/Laminate Flooring” installation. The maximum of
latex concrete fill to be added to the existing concrete slab when Wood/Laminate
Flooring is to be installed is a 1/2" average over any bay. Latex concrete fill
exceeding an average of 1/2" in any bay will cause structural deficiencies and is
strictly prohibited. The Unit Owner will be responsible for any structural damage
caused by concrete fill operations.
Tile Flooring Assembly (Stone tile, ceramic & porcelain) Detail A on “Hard Flooring Requirements” attached as Exhibit F illustrates the
approved section for a Tile Flooring installation. The maximum of latex concrete fill
to be added to the existing concrete slab when 3/8" thin-set stone/ceramic tile is to
be installed is a 1/2" average over any bay. Latex concrete fill exceeding an average
of 1/2" in any bay will cause structural deficiencies and is strictly prohibited. Owner
will be responsible for any structural damage caused by concrete fill operations.
The Association shall not be responsible for stone or tile cracking, all finish
materials should be capable of spanning any movement in the underlayment.
Carpet
The maximum of latex concrete fill to be added to the existing concrete slab when
carpet is to be installed is a 3/4" average over any bay. Latex concrete fill
exceeding an average of 3/4" in any bay will cause structural deficiencies and is
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strictly prohibited. The Unit Owner will be responsible for any structural damage
caused by concrete fill operations.
Stone Slab (3/4” thickness or greater)
Detail A on “Hard Flooring Requirements” attached as Exhibit F) illustrates a
similar section to a Tile Flooring Assembly installation. The maximum of latex
concrete fill to be added to the existing concrete slab when 3/4" (or greater) stone
slab is to be installed is a 1/4" average over any bay. Latex concrete fill exceeding
an average of 1/4" in any bay will cause structural deficiencies and is strictly
prohibited.
The Unit Owner will be responsible for any structural damage caused by concrete
fill operations. The Association shall not be responsible for stone cracking, all
stone specified should be capable of spanning any movement in the underlayment.
All floors to which latex concrete fill has been applied must be inspected by
Association’s Professional or maintenance staff (as applicable) prior to being
covered up with any additional materials.
All floor and wall stone slabs greater than 3/4 “ thickness shall require the Unit
Owner to provide an Illinois licensed Structural Engineer’s signed and sealed
statement with calculations confirming that the building’s structure can support
the increased loading.
P. UTILITY SERVICE INTERRUPTIONS
Contractor is required to give the Management Office at least three business
days’ notice before any Condominium or utility service interruption that affects
occupied or unoccupied areas. Each request for such interruption will indicate
estimated downtime. No utility interruption will be permitted without written
approval from the Association.
Q. FIRE PROTECTION
Contractor shall provide a fire protection and prevention program for its
employees and personnel at the Condominium and provide and maintain fire
extinguishing equipment ready for instant use at all areas, as required to
supplement temporary or permanent fire extinguishing equipment as provided by
code.
Contractor shall enforce fire-safety discipline as follows:
a. Avoid accumulations of flammable debris and waste in or about the
Condominium.
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b. Smoking is prohibited in all Common Elements.
c. Closely supervise welding and torch-cutting operations in the vicinity
of combustible materials and volatile conditions.
d. Portable heating units and fuel shall not be allowed anywhere in the
Condominium.
e. Maintain fire-extinguishing equipment in working condition, with
current inspection certificate attached to each extinguisher, as
required by code.
A qualified sprinkler contractor licensed by the City of Chicago must do sprinkler
modification Work. If propane tanks are used on the job they must be stored in an
appropriate metal fire proof cabinet or removed from the Condominium at the end
of each day. Contractor must have an ABC Fire Extinguisher on the premises at
all times.
The fire protection sprinkler system must be refilled every evening if a drain down
of the sprinkler system is required. All alarms should be operable after refilling.
The Association’s maintenance staff will perform all drain downs and recharging of
the fire protection sprinkler system. There is a lump sum charge in the amount set
forth in “Deposits, Fees and Fines” attached as Exhibit G for each recharging of the
fire protection sprinkler system, which expense will be billed to the Owner.
R. CLEAN-UP
Contractor shall provide all labor, equipment, & supervision necessary to clean up
& remove from the Unit, all trash, rubbish, cartons, wood, old appliances,
carpeting & other debris at the Contractor's expense. Trash, etc. shall be removed
and transported by Contractor from the Condominium daily. Arrangements for
removal of trash, etc. must be scheduled in advance with the Management Office,
but shall be the responsibility and at the expense of Contractor.
At the end of each day corridors must be cleaned.
Proper equipment such as gondolas, flatbed trucks, 55-gallon drums etc., must be
used for the removal of debris, and must be covered during removal. Bags are not
considered appropriate.
At the completion of their Work, Contractor shall remove all waste materials and
rubbish from and about the site as well as all tools, construction equipment,
machinery and surplus materials.
The Condominium trash chutes or the Condominium's dumpster may not be used
for construction debris.
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Should Contractor fail to clean up & remove trash as described above, the
Association shall, - after issuing 24-hour notification of noncompliance, - provide
cleanup & trash removal services and charge all out-of-pocket costs to the Owner
with the Monthly Assessment.
S. PROTECTION FROM WATER/FREEZING
In any area subject to damage from freezing, Contractor shall provide temporary
closures and shall be responsible for maintaining the temperature at not less than
55 degrees F. Under no circumstances shall the temperature be allowed to reach a
level that will cause damage to any portion of the Subject Unit, the Common
Elements or other Units of the Condominium.
Contractor shall protect the Condominium from all leakage and water damage.
T. ENVIRONMENTAL PROTECTION
Contractor shall comply with pollution and environmental protection regulations
for the use of water and other services, and for discharge of wastes and storm
water drainage from the Condominium. All solid and liquid wastes, and hazardous
substances (e.g. solvents, cleaners, waste oils, etc.) shall be handled and/or
disposed of in full compliance with all applicable federal, state and local statutes,
regulations, ordinances and rules. No building construction waste shall be
disposed of down drains. No toxic materials shall be used; provide proper
ventilation for all materials involving noxious odors.
U. SUPERVISION
Contractor shall maintain supervisory personnel on-site at all times when
Contractor has Work in progress on site. Such supervisory personnel must be (i)
fully able to communicate with Association staff and Association’s Professionals,
(ii) empowered to coordinate and direct the work of his forces and subcontractors
and (iii) in numbers sufficient to properly supervise Work. In the event Contractor
fails to maintain such supervisory personnel, Association may, but shall not be
obligated so to do, immediately close the Contractor’s job site in the Subject Unit
and remove or cause to be removed all personnel therefrom until such failure is
rectified.
V. SAFETY REQUIREMENTS
Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Subject Unit’s remodeling
Work
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Contractor shall take all reasonable precaution for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to:
a. All employees performing any of the Condominium remodeling
Work and all other persons who may be affected thereby.
b. All Condominium remodeling Work and all materials and equipment to
be incorporated therein, whether in storage on or off the site, under the
care, custody or control of Contractor or any of its Subcontractors or
Sub-subcontractors.
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.
Contractor shall erect and maintain, as required by existing conditions and
progress of the Condominium remodeling Work, all reasonable safeguards for
safety and protection.
Any accidents or injuries that occur on the work site, no matter how minor, must
be reported to the Management Office within 24 hours after the occurrence. If an
accident or injury occurs due to the existence of a dangerous condition, the
Contractor shall take immediate steps to secure the area in order to protect others
from further injury and notify the Management Office so that abatement of the
condition can take place immediately.
When the use or storage of flammable or other hazardous materials or equipment
is necessary for the execution of the Condominium remodeling Work, Contractor
shall exercise the utmost care and shall carry on such activities under the
supervision of properly qualified personnel.
SECTION IV. HOISTING
A. FREIGHT ELEVATOR
The freight elevator is the ONLY elevator to be used for manpower, equipment
and materials. All materials or debris must be removed through the freight
elevator.
Hours of operation are: Monday through Friday 8:00am - 5:00pm.
The freight elevator is the "Fireman's Car" and must be free to respond to
recall and use by the Fire Department when required.
The freight elevator measures 12’ high by 6'3" wide by 8' 10" deep.
32
Violations, potentially resulting in fines against the Owner (as set forth in
“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g.,
warnings, closing down the Work, barring Contractors or Workers (temporarily
or permanently) from performing Work in the Condominium), will be issued if
the freight elevator rules are not followed.
B. DELIVERY PROCEDURES/SCHEDULING
Contractors must contact the Management Office and become familiar with the
delivery procedures prior to arranging for any delivery of materials, equipment or
tools.
Contractors must arrange for access to the Unit at the time of the delivery. Such
arrangements must be made through the Management Office during regular
office hours and include written permission from the Owner.
As the freight elevator must be available for use by residents, staff, movers,
delivery persons and other contractors, exclusive use is not permitted.
C. LOADING DOCK
The entrance to the loading dock is located on Mies van der Rohe, a one way
street heading north. The loading dock is for loading and unloading only; parking
of vehicles is not permitted.
Dock height is 14'6" & can accommodate a truck 12-1/2' high x 60' long.
All deliveries must be through the loading dock only. No deliveries will be
allowed to enter the Condominium through any other locations.
When trucks arrive at the Security Office, drivers must provide the name of the
Contractor receiving the delivery. The Contractor must be at the dock within
twenty minutes. Goods will not be unloaded until the Contractor is on the dock. If
the Contractor fails to appear, the delivery truck will be sent back, and the Owner
shall be liable for any redelivery charges. Materials, equipment, tools etc., may
NOT be left on the dock for any length of time.
Adherence to the City of Chicago time limits, parking & truck restrictions for
areas surrounding Water Tower Place must be obeyed.
To arrange for a dumpster, please call the Dock Master at 312-440-3160
33
D. HOISTING DELAYS
Hoisting delays resulting from freight elevator mechanical failure, maintenance or
emergency may occur from time to time. Neither the Association nor Management
shall be held liable for any such delays.
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EXHIBIT A ACKNOWLEDGMENT AND INDEMNITY
Unit Owner:
The undersigned Unit Owner received the Remodeling Rules and Procedures (effective
August 10, 2017) for 180 East Pearson Street Homeowners Association (the “Remodeling
Rules”) and agrees to abide by the rules and procedures set forth therein.
Unit Owner Name(s): __________________________________________
Unit #:_________, Phone #: ________________, Date: _____________
Signature(s): _____________________________ ________________________________
Unit Owner's Contractor:
Contractor acknowledges that it has received a copy of the Remodeling Rules and
Procedures (effective August 10, 2017), reviewed them, understands them and will in all
cases abide by all of the terms, conditions and requirements contained therein while
completing Work at the Condominium on behalf of a Unit Owner. Contractor will be
responsible for providing a copy of the Remodeling Rules to its employees, suppliers, and
subcontractors working in the Condominium, all of whom shall be bound by these
Remodeling Rules as well. Contractor shall incorporate by reference the terms hereof into
any contract or agreement with any subcontractor employed by or retained by Contractor
in connection with Contractor's work in the Condominium and shall deliver copies of all
such subcontracts to the Management Office upon request. In all cases, Unit Owner and
Contractor shall be responsible for the compliance by its employees, suppliers, and
subcontractors with the Remodeling Rules and, in consideration for Contractor's
performance of certain work at the Condominium Unit, Contractor agrees, to the greatest
extent permitted by Illinois law, to defend, indemnify and hold harmless, including
through the payment of reasonable attorney's fees, costs, and expenses, the Association,
and the Association's Unit Owners, Board members, management personnel, and the
Association's employees and consultants, and all of their successors, assigns, heirs and
beneficiaries (as applicable) from and against any and all liabilities, loss, or damage they
may suffer or incur as a result of any claims, demands, costs or judgments against them
arising out of or related in any way to the activities of Contractor, its subcontractors
and/or Contractor or subcontractors' employees and agents performing operations on or
about a Unit or on or about the Condominium.
Contractor agrees that it will be working exclusively in the following Unit(s): ________
Agreed to this ____ day of _______________, 20__
Name of Contractor’s company: __________________________________________
Contractor Name: ________________________, Title: ___________________, Date: __________
Signature: ________________________________________
35
EXHIBIT B-1 CONTRACTOR’S INSURANCE REQUIREMENTS FOR
CATEGORY A PROJECTS
1. Adequate Workers' Compensation Insurance to cover all employees engaged in
the Work and to protect Contractor and the insured parties named in the
subparagraph 6 of this Exhibit B from any and all liability under Illinois law,
the amount of which insurance shall be in accordance with statutory
requirements of Illinois, and Employers Liability Insurance with limits not less
than $1,000,000 per occurrence, per employee. Refer to paragraph 8 below for
additional requirements.
2. Comprehensive General Liability Insurance should include Owners' and
Contractors' future liability insurance and coverage under the Scaffolding Act
of the State of Illinois.
a. Bodily Injury Liability, each occurrence $1,000,000
b. Bodily Injury Liability, aggregate $1,000,000
c. Property Damage Liability, each occurrence $1,000,000
d. Property Damage Liability, aggregate $1,000,000
e. Personal Injury Liability, aggregate $1,000,000
Such insurance shall provide coverage for explosion, collapse and damage to
embedded utility lines and contractual liability coverage and shall insure
Contractors against any and all claims for personal injury, including death
resulting therefrom and damage to property of others, arising from operations
under contracts whether such operations are performed by Contractors or by
anyone directly or indirectly employed by any of them. Refer to paragraph 8
below for additional requirements.
3. Comprehensive Automobile Liability Insurance including the ownership,
maintenance and operation of any automotive equipment owned, maintenance
and operation of any automotive equipment owned, hired and non-owned in not
less than the following minimum amounts:
a. Bodily Injury Liability, each person $1,000,000
b. Bodily Injury Liability, each occurrence $1,000,000
c. Property Damage Liability, each occurrence $1,000,000
Such insurance shall insure Unit Owner's Contractors against any and all
claims for bodily injury, including death resulting therefrom and damage to
property of others, arising from operations under contracts whether such
operations are performed by Unit Owner's Contractors or by anyone directly or
indirectly employed by any of them. Refer to paragraph 8 below for additional
requirements.
36
4. Owner's Protective Liability Insurance insuring Unit Owner against any and all
liability to third parties for damage because of bodily injury, including death
resulting therefrom, property damage to others or a combination thereof which
may arise from work being performed in the Unit and any other liability for
damages which Contractors are required to insure against under any provision
herein. Said insurance shall be provided in not less than the following
minimum amounts:
a. Bodily Injury Liability, each occurrence $1,000,000
b. Bodily Injury Liability, aggregate $1,000,000
c. Property Damage Liability, each occurrence $1,000,000
d. Property Damage Liability, aggregate $1,000,000
Refer to paragraph 8 below for additional requirements.
5. Fire, casualty and special coverage insurance in amounts reasonably required
by Association with respect to Contractor’s equipment and materials not
incorporated in the Unit. Refer to paragraph 8 below for additional
requirements.
6. Builder's Risk Completed Value Form affording "All Risks of Physical Loss or
Damage" on Contractor’s or subcontractors’ work in the Subject Unit as it
relates to the Condominium, naming the Board of Directors and Agents, the
interests of the Homeowners Association, its lenders and their respective
agents and employees and Contractors or subcontractors’, as their respective
interests may appear, within a radius of 100 feet of the Subject Unit. Refer to
paragraph 8 below for additional requirements.
7. The 180 East Pearson Homeowners Association requires the following list to be
included on every insurance policy as additional insureds in connection with
the foregoing liability insurance and loss payees in connection with the
foregoing casualty insurance:
a. Lieberman Management Services, or the Association’s then current
Management
b. 180 East Pearson Homeowners Association
c. Board of Directors of the 180 East Pearson Homeowners Association.
d. Association’s Professional & Consultants (to be identified by
Management)
It is recommended, but not required, by the Association that Unit Owners also
be included as additional insureds under their Contractor’s policies.
8. All such insurance shall be written on an occurrence basis and shall be in such
form and substance, and written by an insurer, as shall be satisfactory to the
Association. The coverage of the Commercial General Liability Insurance and
37
fire, casualty and special coverage insurance must be primary to any valid and
collectible insurance carried separately by Association and the other parties
listed above. The Commercial General Liability Insurance shall contain a
severability of interest endorsement, where applicable. The policies shall
provide that Association will be given not less than ten (10) calendar days prior
written notice of cancellation or expiration of the insurance. All such policies
shall contain endorsements providing for the insurer’s waiver of all rights of
subrogation against the Association and all other Association Indemnified
Parties.
9. Certificates of Insurance evidencing the foregoing coverage must be furnished
to the Management Office forty-eight (48) hours prior to the commencement of
any work within the Unit. Please include the Owner's name and the unit
number where Contractor will be working. If Contractor will be working in the
near future, please fax the Certificates of Insurance to the Management Office
to ensure Unit access.
10. In addition, Certificates of Insurance for each subcontractor regardless of
coverage must be furnished to the Management Office forty-eight (48) hours
prior to the commencement of any work within the Unit. Please include the
Owner's name and the unit number where Contractor will be working. If
Contractor will be working in the near future, please fax the Certificates of
Insurance to the Management Office to ensure Unit access.
11. Any Certificates of Insurance which do not fulfill the obligations and/or limits
set forth herein must be approved by the Board of Directors, its Managing
Agent or the Association's Professional in writing prior to the commencement of
any work/construction.
12. Any questions, please call the Management Office at: 312-337-5303 or fax to:
312-337-4857.
38
EXHIBIT B-2 CONTRACTOR’S INSURANCE REQUIREMENTS FOR
CATEGORY B PROJECTS
1. Adequate Workers' Compensation Insurance to cover all employees engaged in
the Work and to protect Contractor and the insured parties named in the
subparagraph 6 of this Exhibit B from any and all liability under Illinois law,
the amount of which insurance shall be in accordance with statutory
requirements of Illinois, and Employers Liability Insurance with limits not less
than $1,000,000 per occurrence, per employee. Refer to paragraph 8 below for
additional requirements.
2. Comprehensive General Liability Insurance should include Owners' and
Contractors' future liability insurance and coverage under the Scaffolding Act
of the State of Illinois.
a. Bodily Injury Liability, each occurrence $3,000,000
b. Bodily Injury Liability, aggregate $3,000,000
c. Property Damage Liability, each occurrence $3,000,000
d. Property Damage Liability, aggregate $3,000,000
e. Personal Injury Liability, aggregate $3,000,000
Such insurance shall provide coverage for explosion, collapse and damage to
embedded utility lines and contractual liability coverage and shall insure
Contractors against any and all claims for personal injury, including death
resulting therefrom and damage to property of others, arising from operations
under contracts whether such operations are performed by Contractors or by
anyone directly or indirectly employed by any of them. Refer to paragraph 8
below for additional requirements.
3. Comprehensive Automobile Liability Insurance including the ownership,
maintenance and operation of any automotive equipment owned, maintenance
and operation of any automotive equipment owned, hired and non-owned in not
less than the following minimum amounts:
a. Bodily Injury Liability, each person $2,000,000
b. Bodily Injury Liability, each occurrence $2,000,000
c. Property Damage Liability, each occurrence $2,000,000
Such insurance shall insure Unit Owner's Contractors against any and all
claims for bodily injury, including death resulting therefrom and damage to
property of others, arising from operations under contracts whether such
operations are performed by Unit Owner's Contractors or by anyone directly or
indirectly employed by any of them. Refer to paragraph 8 below for additional
requirements.
39
4. Owner's Protective Liability Insurance insuring Unit Owner against any and all
liability to third parties for damage because of bodily injury, including death
resulting therefrom, property damage to others or a combination thereof which
may arise from work being performed in the Unit and any other liability for
damages which Contractors are required to insure against under any provision
herein. Said insurance shall be provided in not less than the following
minimum amounts:
a. Bodily Injury Liability, each occurrence $3,000,000
b. Bodily Injury Liability, aggregate $3,000,000
c. Property Damage Liability, each occurrence $3,000,000
d. Property Damage Liability, aggregate $3,000,000
Refer to paragraph 8 below for additional requirements.
5. Fire, casualty and special coverage insurance in amounts reasonably required
by Association with respect to Contractor’s equipment and materials not
incorporated in the Unit. Refer to paragraph 8 below for additional
requirements.
6. Builder's Risk Completed Value Form affording "All Risks of Physical Loss or
Damage" on Contractor’s or subcontractors’ work in the Subject Unit as it
relates to the Condominium, naming the Board of Directors and Agents, the
interests of the Homeowners Association, its lenders and their respective
agents and employees and Contractors or subcontractors’, as their respective
interests may appear, within a radius of 100 feet of the Subject Unit. Refer to
paragraph 8 below for additional requirements.
7. The 180 East Pearson Homeowners Association requires the following list to be
included on every insurance policy as additional insureds in connection with
the foregoing liability insurance and loss payees in connection with the
foregoing casualty insurance:
a. Lieberman Management Services, or the Association’s then current
Management
b. 180 East Pearson Homeowners Association
c. Board of Directors of the 180 East Pearson Homeowners Association.
d. Association’s Professional & Consultants (to be identified by
Management)
It is recommended, but not required, by the Association that homeowners also be
included as additional insureds under their Contractor’s policies.
8. All such insurance shall be written on an occurrence basis and shall be in such
form and substance, and written by an insurer, as shall be satisfactory to the
Association. The coverage of the Commercial General Liability Insurance and
40
fire, casualty and special coverage insurance must be primary to any valid and
collectible insurance carried separately by Association and the other parties
listed above. The Commercial General Liability Insurance shall contain a
severability of interest endorsement, where applicable. The policies shall
provide that Association will be given not less than ten (10) calendar days prior
written notice of cancellation or expiration of the insurance. All such policies
shall contain endorsements providing for the insurer’s waiver of all rights of
subrogation against the Association and all other Association Indemnified
Parties.
9. Certificates of Insurance evidencing the foregoing coverage must be furnished
to the Management Office forty-eight (48) hours prior to the commencement of
any work within the Unit. Please include the Owner's name and the unit
number where Contractor will be working. If Contractor will be working in the
near future, please fax the Certificates of Insurance to the Management Office
to ensure Unit access.
10. In addition, Certificates of Insurance for each subcontractor regardless of
coverage must be furnished to the Management Office forty-eight (48) hours
prior to the commencement of any work within the Unit. Please include the
Owner's name and the unit number where Contractor will be working. If
Contractor will be working in the near future, please fax the Certificates of
Insurance to the Management Office to ensure Unit access.
11. Any Certificates of Insurance which do not fulfill the obligations and/or limits
set forth herein must be approved by the Board of Directors, its Managing
Agent or the Association's Professional in writing prior to the commencement of
any work/construction.
12. Any questions, please call the Management Office at: 312-337-5303 or fax to:
312-337-4857.
41
EXHIBIT C SUBMISSIONS REQUIREMENTS CHECKLIST: Step 1 – Project Classification Requirements (All Projects):
Written Scope of Work
Upon review of the Written Scope of Work, Management will provide a
Project Category Classification which will then determine the requirements
for Step 2.
Step 2A – Category A Preapproval Document Requirements:
Proposed Project Scope and Schedule, including description of the Work,
anticipated commencement date, duration of Work, estimated completion date, and
anticipated material delivery schedules
The above document(s) will be reviewed by Management. Management’s review
may take up to 10 business days. This step of the review process will result in one
of the following:
• Request for further information
• Rejection of proposed project scope
• Preliminary approval of proposal. Step 2B – Category B Preapproval Document Requirements:
Proposed Project Scope and Schedule, including description of the Work,
anticipated commencement date, duration of Work, estimated completion
date, anticipated material delivery schedules, and plan and anticipated
schedule of any required shut downs or drain downs
Installation details providing proposed structural loading capacities
and penetrations
Proposed Floor Underlayment Product Specification (if applicable)
Proposed New Floor Plan Drawing indicating all areas of Work
Proposed Demolition Plan Drawing, must show all existing
conditions
Proposed New Plumbing Drawing, must include isometric diagrams
for water and waste
Proposed New HVAC Drawing (if applicable)
Proposed New Electrical Drawing, including wiring diagrams
Proposed bathtub or whirlpool product information. This
submission must include the weight of tub when full (if applicable)
Letter to the Board of Directors requesting modification of the
Common Elements or Limited Common Elements (if applicable)
42
EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.
The above documents will be submitted to the Association's Professional for review.
Management and the Association’s Professional’s review may take up to ninety (90)
calendar days to review Category B projects. This step of the review process will
result in one of the following:
• Request for further information
• Rejection of proposed project scope
• Preliminary approval of proposal.
Step 3A – Category A Requirements to Obtain an Approval to Proceed:
Acknowledgment and Indemnity, signed by Unit Owner and Contractor.
Refer to "Acknowledgment and Indemnity" attached as Exhibit A.
Certificates of Insurance, including Workers Compensation and
Employers' Liability insurance, from each Contractor and subcontractor as
outlined in “Contractor’s Insurance Requirements for Category A Projects”
attached as Exhibit B-1.
“Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit," signed by Owner listing of all contractors and Subcontractors,
including Names, and Phone Numbers, so they may be included on the dock
security entry authorization list and reached in case of an emergency. Refer
to “Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit," attached as Exhibit E.
A copy of the Business License for each Contractor and subcontractor
performing Work in the Subject Unit
An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to
“Approval to Proceed Letter Contingent on Obtaining Permits” attached as
Exhibit D-1), completed and signed by the Board President or designee and
countersigned by Owner shall be provided to Owner to enable Owner to obtain
all necessary permits.
Upon Owner’s submission of a copy of each signed required permit, or, if no
permits are required for the Category A project, an “Approval to Proceed
Letter” (refer to “Approval to Proceed Letter” attached as Exhibit D-3), shall be
issued. Such Approval to Proceed Letter completed and signed by the Board
President or designee and countersigned by Owner and placed on file in the
Management Office is required prior to the commencement of any Work other
than demolition Work as provided below. No Worker access will be allowed
prior to the Approval to Proceed other than for demolition Work as provided
below.
43
EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.
In the event any signed required demolition permit(s) is obtained and
submitted prior to obtaining any other required permits, an “Approval to
Proceed with Demolition Only Letter” (refer to “Approval to Proceed with
Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such
Approval to Proceed with Demolition Only Letter completed and signed by the
Board President or designee and countersigned by Owner and placed on file in
the Management Office is required prior to the commencement of any
demolition Work and is limited to the demolition Work described in the
submitted permit(s). No Worker access will be allowed prior to the Approval to
Proceed other than for the demolition Work described in the submitted
permit(s).
In the event the approved Work and/or its duration should change after issuance of
an Approval to Proceed Letter, Owner shall inform Management immediately, the
approval process must be completed again for any Work that has been added or
substantially changed, and such Approval to Proceed Letter shall become void with
respect to such Work unless and until the renewed approval process is completed
and an updated Approval to Proceed Letter is issued pursuant to this Section.
Work approved in the original Approval to Proceed letter may proceed during the
renewed approval process.
Violations, potentially resulting in fines against the Owner (as set forth in
“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g.,
warnings, closing down the Work, barring Contractors or Workers (temporarily
or permanently) from performing Work in the Condominium), will be issued if
any demolition Work begins prior to issuance of an Approval to Proceed with
Demolition Work Only Letter (if applicable) or any Work other than demolition
Work permitted under the Approval to Proceed with Demolition Work Only
Letter begins prior to issuance of an Approval to Proceed Letter.
Step 3B – Category B Requirements to Obtain an Approval to Proceed:
Acknowledgment and Indemnity, signed by Unit Owner and Contractor.
Refer to "Acknowledgment and Indemnity" attached as Exhibit A.
Certificates of Insurance, including Workers Compensation and
Employers' Liability insurance, from each Contractor and subcontractor as
outlined in “Contractor’s Insurance Requirements for Category B Projects”
attached as Exhibit B-2.
44
EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.
“Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit," signed by Owner listing of all contractors and Subcontractors,
including Names, and Phone Numbers, so they may be included on the dock
security entry authorization list and reached in case of an emergency. Refer
to “Authorization by Unit Owner to Admit Contractors & Subcontractors to
Unit," attached as Exhibit E.
A copy of the Business License for each contractor and subcontractor
performing Work in the Subject Unit.
Payment of the deposit pursuant to Section III.C of the Rules in the amount
set forth in Exhibit G.
An “Approval to Proceed Letter Contingent on Obtaining Permits” (refer to
“Approval to Proceed Letter Contingent on Obtaining Permits” attached as
Exhibit D-1), completed and signed by the Board President or designee and
countersigned by Owner shall be provided to Owner to enable Owner to obtain
all necessary permits.
Upon Owner’s submission of a copy of each signed required permit, an
“Approval to Proceed Letter” (refer to “Approval to Proceed Letter” attached as
Exhibit D-3), shall be issued. Such Approval to Proceed Letter completed and
signed by the Board President or designee and countersigned by Owner and
placed on file in the Management Office is required prior to the commencement
of any Work other than demolition Work as provided below. No Worker access
will be allowed prior to the Approval to Proceed other than for demolition Work
as provided below.
In the event any signed required demolition permit(s) is obtained and
submitted prior to obtaining any other required permits, an “Approval to
Proceed with Demolition Only Letter” (refer to “Approval to Proceed with
Demolition Only Letter” attached as Exhibit D-2), shall be issued. Such
Approval to Proceed with Demolition Only Letter completed and signed by the
Board President or designee and countersigned by Owner and placed on file in
the Management Office is required prior to the commencement of any
demolition Work and is limited to the demolition Work described in the
submitted permit(s). No Worker access will be allowed prior to the Approval to
Proceed other than for the demolition Work described in the submitted
permit(s).
In the event the approved Work and/or its duration should change after
issuance of an Approval to Proceed Letter, Owner shall inform Management
immediately, the approval process must be completed again for any Work that
has been added or substantially changed, and such Approval to Proceed Letter
45
EXHIBIT C SUBMISSIONS REQUEST CHECKLIST, continued.
shall become void with respect to such Work unless and until the renewed approval
process is completed and an updated Approval to Proceed Letter is issued pursuant
to this Section. Work approved in the original Approval to Proceed letter may
proceed during the renewed approval process.
Violations, potentially resulting in fines against the Owner (as set forth in
“Deposits, Fees and Fines” attached as Exhibit G) or other actions (e.g., warnings,
closing down the Work, barring Contractors or Workers (temporarily or
permanently) from performing Work in the Condominium), will be issued if any
demolition Work begins prior to issuance of an Approval to Proceed with
Demolition Work Only Letter (if applicable) or any Work other than demolition
Work permitted under the Approval to Proceed with Demolition Work Only
Letter begins prior to issuance of an Approval to Proceed Letter.
46
EXHIBIT D-1 APPROVAL TO PROCEED CONTINGENT ON OBTAINING
PERMITS LETTER
180 EAST PEARSON HOMEOWNERS ASSOCIATION
_______, 20__
[Unit Owner(s)]
180 East Pearson Street
Unit: XXXX
Chicago, IL 60611
Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the
Unit"), at 180 East Pearson Street, Chicago, Illinois
Dear [Unit Owner(s)]:
With reference to the Work plans submitted to the 180 East Pearson Street
Homeowners Association, (Association) for “remodeling” Work in your Unit(s)
(Work), and your request that the Association approve those plans, we bring to
your attention the following requirements of the Homeowner’s Association
pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson
Street (the “Remodeling Rules”):
NOTE THAT THIS LETTER HAS BEEN ISSUED SOLELY FOR THE
PURPOSE OF OBTAINING PERMITS. NO WORK IS AUTHORIZED
UNDER THIS LETTER. VIOLATIONS, POTENTIALLY RESULTING IN
FINES AGAINST THE OWNER (AS SET FORTH IN “DEPOSITS, FEES
AND FINES” ATTACHED AS EXHIBIT G) OR OTHER ACTIONS (E.G.,
WARNINGS, CLOSING DOWN THE WORK, BARRING CONTRACTORS
OR WORKERS (TEMPORARILY OR PERMANENTLY) FROM
PERFORMING WORK IN THE CONDOMINIUM), WILL BE ISSUED IF
ANY WORK BEGINS PRIOR TO ISSUANCE OF A NON-CONTINGENT
APPROVAL TO PROCEED LETTER.
When performing Work in the Unit, Owner is ENTIRELY responsible for all
aspects of the project, whether the Owner has engaged a professional
contractor, or is acting as his/her own Contractor.
The Association’s management (“Management”) oversees implementation of
the Remodeling Rules and shall be the liaison between Owner and the Board
when necessary.
47
Owner must conform to the Remodeling Rules and must observe the
Declaration & By-Laws and the House Rules, and must ensure that
Owner's Contractor (“Contractor”), also complies with same.
Violations, potentially resulting in fines against the Owner (as set forth
in “Deposits, Fees and Fines” attached as Exhibit G) or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the
Condominium), will be issued for violations of the Remodeling Rules.
Owner agrees that all charges that Owner is obligated to pay pursuant to
the Remodeling Rules will be added to Owner’s monthly assessment for the
month immediately following incurrence of the charges, and Owner agrees
to pay the entirety of all such modified Monthly Assessments.
All work must be performed in strict accordance to all applicable building
and fire codes as well as licensing requirements and permit restrictions of
all governmental agencies. Association or Association’s Professional may
make recommendations regarding permits, but the determination of
whether a permit is required or not lies with the Building Code of the City
of Chicago, and is the sole responsibility of Owner to obtain. Owner shall
pay for the building permit(s) and for all other permits, fees, licenses and
instructions necessary for the proper execution and completion of the Work.
It is the Owner’s responsibility to schedule inspections with Management
after application of any latex cement fill, after the installation of
underlayment (in the case of hard surface flooring installations), after the
perimeter acoustical sealant is installed (in the case of hard surface
flooring installations), prior to walls being closed with drywall (in the case
of installation of new plumbing and electrical), and at completion of the
project. The results of these inspections will be provided in a written
document and Owner agrees to comply with the completion of any portions
of work that are required by this document.
The Association reserves the right of access (including without limitation
by one or more retained outside architect(s), engineer(s) or construction
manager(s) (each individually and collectively, “Association’s
Professional”)), to any Unit at any time to observe the Work. Owner and
Contractor shall provide access for and cooperate with the Association and
Association’s Professionals for observation of Work. Furthermore, the
Association reserves the right to stop, delay or request investigative
demolition for any work which has not been approved or which deviates
from the approved plan.
48
As a courtesy to other Owners, Owner shall, and shall cause Contractor to,
work diligently to minimize the active construction period and to complete
all work by the estimated completion date. If the Work does not progress in
a timely manner, Association or Association’s Professional has the right to
confer with Owner and/or Contractor to develop a program that will ensure
that the Work is performed in an expedited fashion so that completion
meets with the expectations of the Association.
We understand that the Work described in the Plans is for "remodeling," which
will be performed at your expense, lien free, and in accordance with applicable
law in a good and workmanlike manner by reputable, licensed and bonded
contractors.
Based on the foregoing, the Association hereby confirms that as long as the Work
will not impair or adversely affect any Common Elements or Limited Common
Elements of the building, the Association has no objection to the performance of
the Work pursuant to the submitted Plans. However, this statement does not
constitute any assurance by the Association, its members, agents, officers or
employees, of the adequacy or compliance of the work with applicable building
codes, zoning ordinances or any other applicable laws.
Whether or not the Association has engaged a Professional to review the
Plans, the Association makes no determination as to the Plans’ soundness or
compliance with applicable law.
Notwithstanding anything else in this letter, neither the Association, nor any of its
members, agents, officers or employees, shall be liable:
(i) To you, any municipal authority, contractor, subcontractor, materialman
or other person or entity, on account of any such additions, alterations or
improvements, or any other portion of the Work, or
(ii) To any person having any claim for injury to person or damage to
property arising from the performance of the Work or resulting from the
existence of the additions, alterations or improvements constituting part
of the Work.
Moreover, nothing herein shall constitute or be deemed to constitute the waiver by
the Association, or any of its members, of any claims under, or of strict compliance
with, the Declaration and the Rules and Regulations by which you and the Unit are
bound.
**************************************************************
49
By your acceptance of this letter as provided below and commencement of the
work, you hereby agree, jointly and severally, to indemnify, defend and hold the
Association, its managers, members, agents, officers and employees, harmless of,
from and against, any and all claims, demands, judgments, liabilities, damages,
costs and expenses (including without limitation, court costs and attorney's fees)
arising out of or in connection with or resulting from the work, the Plans or the
limited approval granted by this letter.
THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois
not-for-profit Corporation
By _________________________________________
Its President or ______________________ (President’s Designee)
Unit Holder(s):
______________________________________________________________________________
Printed Name(s)
______________________________________________________________________________
Signature(s)
50
EXHIBIT D-2 APPROVAL TO PROCEED WITH DEMOLITION ONLY LETTER
180 EAST PEARSON HOMEOWNERS ASSOCIATION
_______, 20__
[Unit Owner(s)]
180 East Pearson Street
Unit: XXXX
Chicago, IL 60611
Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the
Unit"), at 180 East Pearson Street, Chicago, Illinois
Dear [Unit Holder(s)]:
With reference to the Work plans submitted to the 180 East Pearson Street
Homeowners Association, (Association) for “remodeling” Work in your Unit(s)
(Work), and your request that the Association approve those plans, we bring to
your attention the following requirements of the Homeowner’s Association
pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson
Street (the “Remodeling Rules”):
NOTE THAT THIS APPROVAL TO PROCEED WITH DEMOLITION ONLY
LETTER HAS BEEN ISSUED SOLELY FOR THE PURPOSE OF
ALLOWING UNIT OWNER TO PROCEED WITH DEMOLITION WORK
FOR WHICH PERMITS HAVE BEEN OBTAINED AND PLACED ON FILE
WITH THE MANAGEMENT. NO OTHER WORK, INCLUDING NON-
PERMITTED DEMOLITION WORK, IS AUTHORIZED UNDER THIS
LETTER.
VIOLATIONS, POTENTIALLY RESULTING IN FINES AGAINST THE
OWNER (AS SET FORTH IN “DEPOSITS, FEES AND FINES” ATTACHED
AS EXHIBIT G) OR OTHER ACTIONS (E.G., WARNINGS, CLOSING
DOWN THE WORK, BARRING CONTRACTORS OR WORKERS
(TEMPORARILY OR PERMANENTLY) FROM PERFORMING WORK IN
THE CONDOMINIUM), WILL BE ISSUED IF ANY WORK OTHER THAN
PERMITTED DEMOLITION WORK BEGINS PRIOR TO ISSUANCE OF A
NON-CONTINGENT APPROVAL TO PROCEED LETTER.
When performing Work in the Unit, Owner is ENTIRELY responsible for all
aspects of the project, whether the Owner has engaged a professional
contractor, or is acting as his/her own Contractor.
51
The Association’s management (“Management”) oversees implementation of
the Remodeling Rules and shall be the liaison between Owner and the Board
when necessary.
Owner must conform to the Remodeling Rules and must observe the
Declaration & By-Laws and the House Rules, and must ensure that
Owner's Contractor (“Contractor”), also complies with same.
Violations, potentially resulting in fines against the Owner (as set forth
in “Deposits, Fees and Fines” attached as Exhibit G) or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the
Condominium), will be issued for violations of the Remodeling Rules.
Owner agrees that all charges that Owner is obligated to pay pursuant to
the Remodeling Rules will be added to Owner’s monthly assessment for the
month immediately following incurrence of the charges, and Owner agrees
to pay the entirety of all such modified Monthly Assessments.
All work must be performed in strict accordance to all applicable building
and fire codes as well as licensing requirements and permit restrictions of
all governmental agencies. Association or Association’s Professional may
make recommendations regarding permits, but the determination of
whether a permit is required or not lies with the Building Code of the City
of Chicago, and is the sole responsibility of Owner to obtain. Owner shall
pay for the building permit(s) and for all other permits, fees, licenses and
instructions necessary for the proper execution and completion of the Work.
It is the Owner’s responsibility to schedule inspections with Management
after application of any latex cement fill, after the installation of
underlayment (in the case of hard surface flooring installations), after the
perimeter acoustical sealant is installed (in the case of hard surface
flooring installations), prior to walls being closed with drywall (in the case
of installation of new plumbing and electrical), and at completion of the
project. The results of these inspections will be provided in a written
document and Owner agrees to comply with the completion of any portions
of work that are required by this document.
The Association reserves the right of access (including without limitation
by one or more retained outside architect(s), engineer(s) or construction
manager(s) (each individually and collectively, “Association’s
Professional”)), to any Unit at any time to observe the Work. Owner and
Contractor shall provide access for and cooperate with the Association and
Association’s Professionals for observation of Work. Furthermore, the
52
Association reserves the right to stop, delay or request investigative
demolition for any work which has not been approved or which deviates
from the approved plan.
As a courtesy to other Owners, Owner shall, and shall cause Contractor to,
work diligently to minimize the active construction period and to complete
all work by the estimated completion date. If the Work does not progress in
a timely manner, Association or Association’s Professional has the right to
confer with Owner and/or Contractor to develop a program that will ensure
that the Work is performed in an expedited fashion so that completion
meets with the expectations of the Association.
We understand that the Work described in the Plans is for "remodeling," which
will be performed at your expense, lien free, and in accordance with applicable
law in a good and workmanlike manner by reputable, licensed and bonded
contractors.
Based on the foregoing, the Association hereby confirms that as long as the Work
will not impair or adversely affect any Common Elements or Limited Common
Elements of the building, the Association has no objection to the performance of
the Work pursuant to the submitted Plans. However, this statement does not
constitute any assurance by the Association, its members, agents, officers or
employees, of the adequacy or compliance of the work with applicable building
codes, zoning ordinances or any other applicable laws.
Whether or not the Association has engaged a Professional to review the
Plans, the Association makes no determination as to the Plans’ soundness or
compliance with applicable law.
Notwithstanding anything else in this letter, neither the Association, nor any of its
members, agents, officers or employees, shall be liable:
(i) To you, any municipal authority, contractor, subcontractor, materialman or
other person or entity, on account of any such additions, alterations or
improvements, or any other portion of the Work, or
(ii) To any person having any claim for injury to person or damage to
property arising from the performance of the Work or resulting from the
existence of the additions, alterations or improvements constituting part
of the Work.
Moreover, nothing herein shall constitute or be deemed to constitute the waiver by
the Association, or any of its members, of any claims under, or of strict compliance
53
with, the Declaration and the Rules and Regulations by which you and the Unit are
bound.
**************************************************************
By your acceptance of this letter as provided below and commencement of the
work, you hereby agree, jointly and severally, to indemnify, defend and hold the
Association, its managers, members, agents, officers and employees, harmless of,
from and against, any and all claims, demands, judgments, liabilities, damages,
costs and expenses (including without limitation, court costs and attorney's fees)
arising out of or in connection with or resulting from the work, the Plans or the
limited approval granted by this letter.
THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois
not-for-profit Corporation
By _________________________________________
Its President or ______________________ (President’s Designee)
Unit Holder(s):
______________________________________________________________________________
Printed Name(s)
______________________________________________________________________________
Signature(s)
54
EXHIBIT D-3 APPROVAL TO PROCEED LETTER
180 EAST PEARSON HOMEOWNERS ASSOCIATION
_______, 20__
[Unit Owner(s)]
180 East Pearson Street
Unit: XXXX
Chicago, IL 60611
Re: Plans and Specifications (the "Plans") for "remodeling:" Unit XXXX, ("the
Unit"), at 180 East Pearson Street, Chicago, Illinois
Dear [Unit Holder(s)]:
With reference to the Work plans submitted to the 180 East Pearson Street
Homeowners Association, (Association) for “remodeling” Work in your Unit(s)
(Work), and your request that the Association approve those plans, we bring to
your attention the following requirements of the Homeowner’s Association
pursuant to the Amended Remodeling Rules and Procedures of 180 East Pearson
Street (the “Remodeling Rules”):
IN THE EVENT THE WORK AND/OR ITS DURATION APPROVED
HEREUNDER SHOULD CHANGE, OWNER SHALL INFORM
MANAGEMENT IMMEDIATELY, THE APPROVAL PROCESS MUST BE
COMPLETED AGAIN FOR ANY WORK THAT HAS BEEN ADDED OR
SUBSTANTIALLY CHANGED, AND THIS APPROVAL TO PROCEED
LETTER SHALL BECOME VOID WITH RESPECT TO SUCH WORK
UNLESS AND UNTIL THE RENEWED APPROVAL PROCESS IS
COMPLETED AND AN UPDATED APPROVAL TO PROCEED LETTER IS
ISSUED PURSUANT TO THIS SECTION. WORK APPROVED IN THIS
APPROVAL TO PROCEED LETTER MAY PROCEED DURING THE
RENEWED APPROVAL PROCESS.
Projects must begin within 90 calendar days of issuance of this Approval to
Proceed Letter, or the approval process must be completed again.
When performing Work in the Unit, Owner is ENTIRELY responsible for all
aspects of the project, whether the Owner has engaged a professional
contractor, or is acting as his/her own Contractor.
55
The Association’s management (“Management”) oversees implementation of
the Remodeling Rules and shall be the liaison between Owner and the Board
when necessary.
Owner must conform to the Remodeling Rules and must observe the
Declaration & By-Laws and the House Rules, and must ensure that
Owner's Contractor (Contractor), also complies with same.
Violations, potentially resulting in fines against the Owner (as set forth
in “Deposits, Fees and Fines” attached as Exhibit G) or other actions
(e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the
Condominium), will be issued for violations of the Remodeling Rules.
Owner agrees that all charges that Owner is obligated to pay pursuant to
the Remodeling Rules will be added to Owner’s monthly assessment for the
month immediately following incurrence of the charges, and Owner agrees
to pay the entirety of all such modified Monthly Assessments.
All work must be performed in strict accordance to all applicable building
and fire codes as well as licensing requirements and permit restrictions of
all governmental agencies. Association or Association’s Professional may
make recommendations regarding permits, but the determination of
whether a permit is required or not lies with the Building Code of the City
of Chicago, and is the sole responsibility of Owner to obtain. Owner shall
pay for the building permit(s) and for all other permits, fees, licenses and
instructions necessary for the proper execution and completion of the Work.
It is the Owner’s responsibility to schedule inspections with Management
after application of any latex cement fill, after the installation of
underlayment (in the case of hard surface flooring installations), after the
perimeter acoustical sealant is installed (in the case of hard surface
flooring installations), prior to walls being closed with drywall (in the case
of installation of new plumbing and electrical or modification of plumbing
and electrical), and at completion of the project. The results of these
inspections will be provided in a written document and Owner agrees to
comply with the completion of any portions of work that are required by
this document.
The Association reserves the right of access (including without limitation
by one or more retained outside architect(s), engineer(s) or construction
manager(s) (each individually and collectively, “Association’s
Professional”)), to any Unit at any time to observe the Work. Owner and
Contractor shall provide access for and cooperate with the Association and
56
Association’s Professionals for observation of Work. Furthermore, the
Association reserves the right to stop, delay or request investigative
demolition for any work which has not been approved or which deviates
from the approved plan.
As a courtesy to other Owners, Owner shall, and shall cause Contractor to,
work diligently to minimize the active construction period and to complete
all work by the estimated completion date. If the Work does not progress in
a timely manner, Association or Association’s Professional has the right to
confer with Owner and/or Contractor to develop a program that will ensure
that the Work is performed in an expedited fashion so that completion
meets with the expectations of the Association.
We understand that the Work described in the Plans is for "remodeling," which
will be performed at your expense, lien free, and in accordance with applicable
law in a good and workmanlike manner by reputable, licensed and bonded
contractors.
Based on the foregoing, the Association hereby confirms that as long as the Work
will not impair or adversely affect any Common Elements or Limited Common
Elements of the building, the Association has no objection to the performance of
the Work pursuant to the submitted Plans. However, this statement does not
constitute any assurance by the Association, its members, agents, officers or
employees, of the adequacy or compliance of the work with applicable building
codes, zoning ordinances or any other applicable laws.
Whether or not the Association has engaged a Professional to review the
Plans, the Association makes no determination as to the Plans’ soundness or
compliance with applicable law.
Notwithstanding anything else in this letter, neither the Association, nor any of its
members, agents, officers or employees, shall be liable:
(i) To you, any municipal authority, contractor, subcontractor, materialman
or other person or entity, on account of any such additions, alterations or
improvements, or any other portion of the Work, or
(ii) To any person having any claim for injury to person or damage to
property arising from the performance of the Work or resulting from the
existence of the additions, alterations or improvements constituting part
of the Work.
Moreover, nothing herein shall constitute or be deemed to constitute the waiver by
the Association, or any of its members, of any claims under, or of strict compliance
57
with, the Declaration and the Rules and Regulations by which you and the Unit are
bound.
**************************************************************
By your acceptance of this letter as provided below and commencement of the
work, you hereby agree, jointly and severally, to indemnify, defend and hold the
Association, its managers, members, agents, officers and employees, harmless of,
from and against, any and all claims, demands, judgments, liabilities, damages,
costs and expenses (including without limitation, court costs and attorney's fees)
arising out of or in connection with or resulting from the work, the Plans or the
limited approval granted by this letter.
THE 180 EAST PEARSON STREET HOMEOWNERS ASSOCIATION, an Illinois
not-for-profit Corporation
By _________________________________________
Its President or ______________________ (President’s Designee)
Unit Holder(s):
______________________________________________________________________________
Printed Name(s)
______________________________________________________________________________
Signature(s)
58
EXHIBIT E AUTHORIZATION BY UNIT OWNER(S) TO ADMIT CONTRACTORS TO
BUILDING
This notice will serve as authorization to allow the contractor/s, as listed below, into the building
and/or my unit to perform remodeling work.
Unit #:
Starting Date: _________________ Ending Date: ______________
Contractor (s):
1. Name: _______________________________________ Phone No.: _________________
2. Name: _______________________________________ Phone No.: _________________
3. Name: _______________________________________ Phone No.: _________________
4. Name: _______________________________________ Phone No.: _________________
5. Name: _______________________________________ Phone No.: _________________
6. Name: _______________________________________ Phone No.: _________________
7. Name: _______________________________________ Phone No.: _________________
8. Name: _______________________________________ Phone No.: _________________
9. Name: _______________________________________ Phone No.: _________________
10. Name: _______________________________________ Phone No.: _________________
Indicate all contractors who meet the requirements of Supervisor under Section III.U of the
rules. (If more spaces are necessary, please use the back of this sheet)
Keys must be checked out from the Keytrak System daily (with an appropriate form of I.D. left
with the Receiving Room Attendant until the key is returned), or I/We must meet contractor(s)
at the dock to let them into the unit.
I/We acknowledge that I am/we are prohibited from giving Contractor or any Workers a Unit key
or key fob. I/We understand that no building employee will be available to accompany the above
individual(s) while he/she is in the unit. I/We further understand that neither the Association,
Management, nor any building employee assumes responsibility for the above named
individual(s) or for their conduct or actions while in the building.
Unit Owner Name(s): ________________________________________________________________
Unit Owner Signature(s): _________________________________________________________
59
EXHIBIT F HARD FLOORING SURFACE DETAILS
60
EXHIBIT G DEPOSITS, FEES AND FINES
DEPOSITS
Corridor Protection Deposit: A refundable deposit shall be required for any Category B
projects prior to the commencement of Work. This deposit shall be used as security for
potential corridor, elevator, Common Elements and/or Unit Door damages and clean up
that may occur. This deposit will be held interest free by the Association until
completion of the Work. The Association reserves the right to use any portion of the
deposit for corrective action necessary to repair areas of the Property damaged by
Contractor. Any time such damage occurs, it can be repaired with monies from this
deposit, and the Unit Owner will be required to restore the deposit to the original level.
Contractor can be denied access to the Condominium until the deposit is restored to the
original level. Any unused portion of the deposit shall be returned to Unit Owner after
completion of the Work. $7,500
Deposit to be made by Complaining Owner regarding Pre-Approved Flooring Assembly:
The President of the Board or designee shall request that the complaining Owner deposit
with the Association 100% of the estimated cost of inspecting such flooring assembly.
Upon receipt of such deposit, an engineer engaged by the Board will investigate the
flooring assembly for compliance with these rules, and the complaining owner and the
owner of the Unit containing the hard-surface flooring must both cooperate fully with
such investigation. The determination of the engineer engaged by the Board shall be final
and conclusive on all parties.
If a Pre-Approved Flooring Assembly is found by the engineer to have been properly
installed in accordance with the submitted specifications using non-defective materials
and methods, then the full cost of the investigation shall be borne by the complaining
owner out of his or her deposit, and no action will be taken against the owner of the Unit
with the hard surface flooring.
If a Board-approved flooring assembly is found by the engineer to have not been properly
installed, not installed in accordance with the submitted specifications, and/or installed
with defective materials or methods, then the complaining owner’s deposit shall be fully
refunded; the full cost of the investigation shall be borne by the owner of Unit containing
the hard-surface flooring assembly; and the owner of the Unit with the hard-surface
flooring assembly must remove the Unit’s flooring assembly and replace it with wall-to-
wall carpeting or a Pre-Approved Flooring Assembly that complies with these rules
within thirty (30) calendar days.
FEES
Association’s Professional Review: Whenever Association Professional is called to review
or inspect plans or Work, pursuant to these Rules, the minimum charge for such review
61
or inspection will be one hour at the Association’s Professional’s prevailing hourly rate
at the time of review or inspection. To be provided
Owner is responsible for Association’s Professional’s charges, and these charges along
with any other charges that Owner is obligated to pay pursuant to these Rules will be
added to Owner’s monthly assessment for the month immediately following incurrence
of the charges. Owner agrees to pay the entirety of all such modified monthly
assessments. To be provided
Channeling Peer Review: If concrete chipping, channeling, cutting, or coring is proposed,
the Association may have its own Structural Engineer provide a “peer review,” of the work
of the Unit Owner’s Structural Engineer, and all associated costs shall be borne by the
Unit Owner. All Association approved cored openings shall be scanned with ground
penetrating radar (advance notice to all Unit Owners required) to avoid hidden reinforcing
bars. Association approved small openings may be chipped to avoid reinforcing bars and
all repairs shall be made with structural grout. To be provided
Shut Downs: There is a lump sum charge for each domestic riser shut downs or
sprinkler drain-downs in the amount set forth in “Deposits, Fees and Fines” attached as
Exhibit G, which expense will be billed to the Owner. $250 lump sum charge for
each such occurrence
Recharging of Sprinkler System. There is a lump sum charge for each recharging of the
fire protection sprinkler system, which expense will be billed to the Owner. $250 lump
sum charge for each such occurrence
Kitchen Exhaust System Rebalancing: New Kitchen exhaust hoods shall exhaust (via hard
ductwork) into the building’s common kitchen exhaust ductwork. If the kitchen exhaust
hood is larger than building standard, the Unit Owner shall be required to pay for
rebalancing of the building’s common kitchen exhaust system; this additional work shall
be provided by Association’s Professional at the Unit Owner’s expense.
FINES:
Violations of the Remodeling Rules may result in fines against the Owner or other
actions (e.g., warnings, closing down the Work, barring Contractors or Workers
(temporarily or permanently) from performing Work in the Condominium). Amount
of fine to be determined by the Board following notice and hearing pursuant to the
House Rules.
Violations, potentially resulting in fines against the Owner or other actions (e.g.,
warnings, closing down the Work, barring Contractors or Workers (temporarily or
permanently) from performing Work in the Condominium), will be issued if any
demolition Work begins prior to issuance of an Approval to Proceed with Demolition
Work Only Letter (if applicable) or any Work other than demolition Work permitted
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under the Approval to Proceed with Demolition Work Only Letter begins prior to
issuance of an Approval to Proceed Letter. Amount of fine to be determined by the
Board following notice and hearing pursuant to the House Rules.
Violations, potentially resulting in fines against the Owner or other actions (e.g.,
warnings, closing down the Work, barring Contractors or Workers (temporarily or
permanently) from performing Work in the Condominium), will be issued if the freight
elevator rules are not followed. Amount of fine to be determined by the Board
following notice and hearing pursuant to the House Rules.