exv10w3






EXHIBIT
10.3




FIRST AMENDMENT TO LEASE




Definitions:



	 	 	 

	Effective Date:

	 	May 16, 2011.
	 
	 	 
	Landlord:

	 	President and Fellows of Harvard College, a
Massachusetts educational and charitable
corporation.
	 
	 	 
	Tenant:

	 	athenahealth, Inc., a Delaware corporation.
	 
	 	 
	Lease:

	 	Lease between Landlord, as landlord, and Tenant,
as tenant, dated as of November 8, 2004.
	 
	 	 
	Existing Premises:

	 	All of Building 97 and portions of the second and
third floors of Building 311, containing
approximately 133,616 rentable square feet of
space in total, all as more particularly described
in the Lease.
	 
	 	 
	Expansion Premises:

	 	A portion of the third floor of Building 311
containing approximately 18,000 rentable square
feet of space, as more particularly described on
Exhibit A attached hereto.
	 
	 	 
	Expansion Premises
	 	 
	Commencement Date:

	 	The date of execution and delivery of this First
Amendment to Lease and delivery by Tenant to
Landlord of certificates of insurance evidencing
that Tenant is carrying all coverages required to
be carried by Tenant with respect to the Expansion
Premises pursuant to Section 5.1.20 of the Lease.
	 
	 	 
	Expansion Premises
	 	 
	Rent Commencement Date:

	 	October 1, 2011.






     All capitalized terms not otherwise defined herein shall have the meanings set forth in the
Lease.



BACKGROUND:




     Tenant desires to expand the Premises, and Landlord has agreed to such expansion upon the
terms and conditions set forth below, and provided certain other revisions are made to the Lease,
all as set forth more particularly below.



     Landlord and Tenant hereby agree as follows:



     1. Expansion Premises: Landlord will deliver the Expansion Premises to Tenant as of
the Expansion Premises Commencement Date, and Tenant agrees to accept the Expansion Premises in its
AS-IS condition, and Landlord shall have no obligation to do any work or make any installation or
alterations of any kind to the Expansion Premises except as follows:



          a. Prior to June 1, 2011, Landlord shall, at its sole cost and expense, remove (i) all
workstations, chairs and office furniture from the Expansion Premises, and (ii) all racks,
electronic






 









 







equipment (other than lighting and in-wall cabling) and supplementary cooling systems and equipment
from the room designated 3021 on the plans of the Expansion Premises previously provided to Tenant
by Landlord.




          b. All mechanical, electrical and plumbing systems serving the Expansion Premises which, under
the terms of the Lease, are to be kept and maintained by Landlord, shall be delivered in good
working order.




          c. No later than July 1, 2011, Landlord shall cause the two doors in the eastern demising wall
on the third floor of Building 311 (separating the existing space currently occupied by Bard, Rao +
Athanas Consulting Engineers from the Expansion Premises (hereinafter the “BR+A Space”)) to be
removed and replaced with a solid wall. The new wall construction shall be 1 hour rated. Anything
herein or in the Lease, as amended, to the contrary notwithstanding, Tenant’s right of exclusive
use and quiet enjoyment of the Expansion Premises shall not be impaired or reduced nor shall any
part of the Expansion Premises be deemed Common Facilities on account of or in order to effectuate
or provide egress from the BR+A Space into or through the Expansion Premises in order to effectuate
compliance of the BR+A Space, Building 311 (other than the Premises) or Common Facilities with
applicable Legal Requirements.




     2. Amended Definitions: As of the Expansion Premises Commencement Date the following
terms wherever they appear in the Lease shall have the following meanings:




Premises: All references to the Premises shall mean the Existing Premises and the Expansion
Premises. All references to Premises after the expiration or termination of the Lease Term
with respect to a portion of the Premises shall mean the portion of the Premises for which
the Lease Term has not expired or terminated.




Initial Lease Term: With respect to the Expansion Premises, the period commencing on the
Lease Commencement Date and ending on the Lease Expiration Date, unless sooner terminated as
provided in this Lease. With respect to the Expansion Premises, the period commencing on
the Expansion Premises Commencement Date and ending on the Expansion Premises Lease
Expiration Date, unless sooner terminated as provided in the Lease.




Expansion Premises Lease Expiration Date: June 31, 2015, or such earlier or later date upon
which the Lease Term with respect to the Expansion Premises may expire, be terminated or
extended pursuant to any of the conditions or other provisions of this Lease or pursuant to
law.




Lease Year: With respect to the Existing Premises, the period running from the Lease
Commencement Date to the first anniversary of the Rent Commencement Date and thereafter a
Lease Year shall mean the successive year-long period commencing on an anniversary of the
Rent Commencement Date. With respect to the Expansion Premises, the period running from the
Expansion Premises Commencement Date to June 30, 2012 and thereafter a Lease Year shall mean
the successive year-long period commencing on July 1st. Rent shall be prorated for any
Lease Year that is shorter or longer than one year.




Tenant’s Share of Parking Spaces: 394 unreserved parking spaces located in the parking
areas of the Complex, to be used in accordance with Section 2.7.




Basic Rent: Existing Premises Basic Rent and Expansion Premises Rent.



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Existing Premises Basic Rent:



	 	 	 	 	 	 	 	 	 
	 	 	Annual	 	 	Monthly	 
	Period	 	Basic Rent	 	 	Basic Rent	 
	7/01/05 - 6/30/06
	 	$	2,924,854.24	 	 	$	243,737.85	 
	7/01/06 - 6/30/07
	 	$	3,025,066.24	 	 	$	252,088.85	 
	7/01/07 - 6/30/08
	 	$	3,125,278.24	 	 	$	260,439.85	 
	7/01/08 - 6/30/09
	 	$	3,225,490.24	 	 	$	268,790.85	 
	7/01/09 - 6/30/10
	 	$	3,325,702.24	 	 	$	277,141.85	 
	7/01/10 - 6/30/11
	 	$	3,459,318.24	 	 	$	288,276.52	 
	7/01/11 - 6/30/12
	 	$	3,592,934.24	 	 	$	299,411.19	 
	7/01/12 - 6/30/13
	 	$	3,726,550.24	 	 	$	310,545.85	 
	7/01/13 - 6/30/14
	 	$	3,860,166.24	 	 	$	321,680.52	 
	7/01/14 - 6/30/15
	 	$	3,993,782.24	 	 	$	332,815.19	 







Expansion Premises Basic Rent:



	 	 	 	 	 
	 	 	Annual	 	Monthly
	Period	 	Basic Rent	 	Basic Rent
	10/01/11 - 6/30/12
	 	$484,020.00	 	$40,335.00
	7/01/12 - 6/30/13
	 	$502,020.00	 	$41,835.00
	7/01/13 - 6/30/14
	 	$520,020.00	 	$43,335.00
	7/01/14 - 6/30/15
	 	$538,020.00	 	$44,835.00







Tenant’s Operating Cost Share: With respect to Existing Premises, 100% of Building
Operating Costs for Building 97 and 29.84% of Building Operating Costs for Building 311 (the
percentage calculated by dividing the rentable square feet of the Building 311 Premises
(112,616) by the rentable square feet of the Building 311 (377,340) and multiplying the
resulting quotient by 100). With respect to the Expansion Premises, 4.77% (the percentage
calculated by dividing the rentable square feet of the Expansion Premises (18,000) by the
rentable square feet of the Building 311 (377,340) and multiplying the resulting quotient by
100).




Tenant’s Tax Share: With respect to the Existing Premises, the Tenant’s Tax Share shall
mean 17.98% (the percentage calculated by dividing the rentable square feet of the Existing
Premises (133,616) by the rentable square feet of the Complex (743,176) and multiplying the
resulting quotient by 100). With respect to the Expansion Premises, the Tenant’s Tax Share
shall mean 2.42% (the percentage calculated by dividing the rentable square feet of the
Expansion Premises (18,000) by the rentable square feet of the Complex (743,176) and
multiplying the resulting quotient by 100).



     3. Tenant’s Work. Tenant shall perform the Tenant’s Work (as defined in the Expansion
Premises Work Letter) in accordance with the terms and provisions of the Expansion Premises Work
Letter attached hereto.



     4. Broker. Tenant and Landlord each warrants and represents to the other that it has
not dealt with any broker other than Beal and Company, Inc. and Grubb Ellis (the “Brokers”) in
connection with this Amendment. In the event of any brokerage claims against Landlord (excluding
claims made by the Brokers) or Tenant predicated on prior dealings by the other party hereto with the maker
of such



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claims, the party alleged to have had such prior dealings shall defend, indemnify, and hold
the other party harmless against all loss and expense incurred by it (including reasonable
attorneys’ fees). Landlord shall be responsible for any brokerage commission payable to the
Brokers pursuant to a separate agreement.




     5. Ratification. Except as expressly modified by this Amendment, the Lease shall
remain in full force and effect, and as further modified by this Amendment, is expressly ratified
and confirmed by the parties hereto.



     6. Miscellaneous. This Amendment (i) contains the entire agreement with respect to
the subject matter hereof; (ii) may not be modified or terminated, nor may any provision hereof be
waived, orally or in any manner other than by an agreement in writing signed by the parties hereto
or their respective successors, and assigns; (iii) shall be governed by and construed in accordance
with the laws of The Commonwealth of Massachusetts; (iv) may be executed in multiple counterparts,
each of which individually shall be deemed an original and all of which together shall constitute a
single original agreement; and (v) shall inure to the benefit of, and be binding upon, the parties
hereto, and their successors, and assigns, subject to the provisions of the Lease regarding
assignment and subletting. Any termination of the Lease shall also terminate and render void all
rights of Tenant under this Amendment. Tenant’s rights under this Amendment may not be severed
from the Lease or separately sold, separately assigned, or separately transferred.



[Remainder of Page Left Intentionally Blank]









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     IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment under seal effective as
of the Effective Date.



	 	 	 	 	 
	 	PRESIDENT AND FELLOWS

OF HARVARD COLLEGE

 	 
	 	By:  	/s/
Lisa Hogarty	 
	 	 	Name:  	Lisa Hogarty	 
	 	 	Title:  	Vice President for Campus Services	 
	 
	 	By:  	
/s/ Carolee Hill	 
	 	 	Name:  	Carolee Hill	 
	 	 	Title:  	Director — Univ. & Commercial Real Estate	 
	 
	 	ATHENAHEALTH, INC.

 	 
	 	By:  	/s/ Timothy M. Adams	 
	 	 	Name:  	Timothy M. Adams	 
	 	 	Title:  	Chief Financial Officer	 



 









 






	 	 	 	 	 



EXHIBIT A




EXPANSION PREMISES




 











 





EXHIBIT A









 









 








EXPANSION PREMISES WORK LETTER




	 	 	 	 

	 	LANDLORD:

	 	President and Fellows of Harvard College
	 	 	 	 
	 	TENANT:

	 	athenahealth, Inc.





1. Definitions. Capitalized terms used in this Exhibit and not otherwise defined shall
have the meanings set forth in the Lease dated as of November 8, 2004, as amended by the First
Amendment to Lease dated as of May 16, 2011. The following capitalized terms shall have the
meanings set forth below:





Architect: A licensed architect to be approved by Landlord, such approval not to be
unreasonably withheld or delayed.




Building Permit: A building permit issued by the Town of Watertown on the basis of
Tenant’s Plans.




Certificate of Occupancy: A certificate of occupancy (temporary or permanent) for the
Premises issued by the Town of Watertown.




Construction Guidelines: The architectural, engineering, and construction guidelines
for the Complex attached hereto as Schedule B.




Construction Budget: A written budget for the Tenant’s Work that contains a detailed
line by line breakdown of all hard and soft costs (limited to the Construction Contract,
architectural, engineering fees, and all requisite consulting fees, construction manager’s
expenses, permit fees, payment, performance, and lien bond premiums, material testing,
equipment start-up and building commissioning costs, utility company billings, and all other
costs needed to construct Tenant’s Work).




Design/Development Plans: A set of design/development progress plans prepared by the
Architect for Tenant’s Work.




Engineers: Collectively, all acoustical, structural, heating, ventilation, air
conditioning, plumbing, fire protection, civil and electrical engineers licensed in The
Commonwealth of Massachusetts retained by Tenant, Architect or General Contractor to design,
supervise or perform the Tenant’s Work. All Engineers shall be approved by Landlord, such
approval not to be unreasonably withheld or delayed.




Final Construction Plans: A full set of final construction plans for Tenant’s Work
prepared by the Architect and identified in the Landlord Approval Letter.




General Contractor: A licensed general contractor to be approved by Landlord, such
approval not to be unreasonably withheld or delayed.




Landlord Approval Letter: A letter agreement between Landlord and Tenant approving the
Final Construction Plans in the form attached hereto as Schedule A.



 









 






Landlord’s Contribution: An allowance of up to a maximum amount of $270,000.00 that
Landlord shall provide to Tenant for reimbursement of costs in connection with Tenant’s Work,
subject to the terms and conditions set forth in Section 4 below.




Lien Wavers: Partial lien waivers and subordinations of lien from all vendors,
contractors and sub-contractors supplying labor or materials in connection with Tenant’s Work,
as specified in M.G.L. Chapter 254, Section 32.




Outside Work Completion Date: September 30, 2011.




Payment Conditions: See Section 4.3.




Premises: A portion of the third floor of Building 311 containing approximately 18,000
rentable square feet of space, as more particularly described in Exhibit A to the
First Amendment to Lease.




Substantial Completion Certificate: A certificate signed by the Architect on an AIA
form stating that Tenant’s Work has been substantially completed in accordance with the Final
Construction Plans, with the exception of minor items of incomplete work and so-called
“punchlist” items.




Substantial Completion Date: The later of the (i) the date that Tenant delivers the
Substantial Completion Certificate to Landlord; or (ii) the date the Certificate of Occupancy
for the Premises is issued.




Tenant’s Permitted Expenses: See Section 4.1.




Tenant’s Plans: Collectively, the Design/Development Plans and the Final Construction
Plans. The term “Tenant’s Plans” shall also include any revisions to those plans approved by
Landlord in accordance with Section 2.1 below.




Tenant’s Work: The leasehold improvement work necessary to prepare the Premises for
occupancy by Tenant, and described in Tenant’s Plans.


2. Tenant’s Plans. Tenant will submit to Landlord for Landlord’s written approval by no
later than 15 days after the Lease Commencement Date a set of the Design/Development Plans. Tenant
shall submit to Landlord for Landlord’s written approval, the Final Construction Plans by no later
than 20 days after the date of Landlord’s approval of the Design/Development Plans. Landlord shall
either approve or disapprove of such Design/Development Plans and such Final Construction Plans,
respectively, within 10 Business Days of Landlord’s receipt of such plans, and, in the event of
any disapproval of such plans, Landlord will provide Tenant with a summary of the material reasons
for disapproval, and a detailed description of the changes that will be required before Landlord
will reconsider approving the same. If necessary, Tenant shall promptly cause such the
Design/Development Plans or Final Construction Plans to be modified to address with Landlord’s
reasonable requests. Landlord’s approval of the Final Construction Plans shall not be unreasonably
withheld, or delayed, provided that


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they are consistent with the Construction Guidelines (to the extent they are applicable to the
Building) and the Design Development Plans approved by Landlord. At such time as the Final
Construction Plans are completed and approved by Landlord, Landlord and Tenant shall each execute
and deliver the Landlord Approval Letter, reciting such approval and definitively identifying the
Final Construction Plans so approved, and a copy of such letter shall be appended to each
counterpart of the Lease. The Landlord Approval Letter shall also list any elements of Tenant’s
Work that Tenant shall remove at the end of the Lease Term in accordance with Section 5.1.4. of
the Lease. After execution of the Landlord Approval Letter, any material changes to Tenant’s Plans
shall require Landlord’s prior written approval, such approval to follow the procedure outlined in
this Section above. Upon issuance of the Landlord Approval Letter, Tenant shall promptly obtain
the Building Permit.



     Any approval granted by Landlord under this Section 2 shall be granted solely for the benefit
of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s
approval of any of the Tenant’s Plans for any other purpose whatsoever. Without limiting the
foregoing, Tenant shall be responsible for all elements of the design of Tenant’s Work (including,
without limitation, the compliance of the Tenant’s Work and Tenant’s Plans with Legal
Requirements, functionality of design, the structural integrity of the design, the configuration
of the Premises, the demising of the Premises, and the placement of Tenant’s furniture, appliances
and equipment), and Landlord’s approval of the Tenant’s Plans shall in no event relieve Tenant of
the responsibility therefor.




3. Tenant’s Work.



     3.1 Commencement of Tenant’s Work. Tenant shall not commence construction of Tenant’s
Work until (i) the Building Permit is issued, and a copy provided to Landlord; and (ii) Tenant has
delivered to Landlord certificates of insurance evidencing that the General Contractor is carrying
all coverages required to be carried by contractors employed by Tenant under the Lease.



     3.2 Performance and Quality of the Tenant’s Work. Except for Landlord’s Contribution,
all of Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. All
construction work conducted in connection with the Tenant’s Work shall be done in a good and
workmanlike manner with new, first-class materials, in a lien-free manner, in accordance with the
Final Construction Plans, and in compliance with all Legal Requirements, the Construction
Guidelines (to the extent they are applicable to the Building), and all requirements of public
authorities and insurance bodies related to, or arising out of the performance of, such
construction work. Tenant shall diligently pursue construction of Tenant’s Work. Landlord shall
have the right to inspect such construction work at any time, provided that Landlord shall use
reasonable efforts to give Tenant reasonable prior notice of any such inspections.



     3.3 Completion of the Tenant’s Work/Default. Tenant shall cause the Substantial
Completion Certificate to be issued to Landlord on or before the Outside Work Completion Date.
Tenant shall obtain the Certificate of Occupancy at the earliest




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date possible following completion of Tenant’s Work, and shall then occupy the
Premises for the conduct of the Permitted Use within 15 days of the Substantial Completion
Date. Any (i) failure by Tenant to cause Tenant’s Work to be substantially completed by
the Outside Work Completion Date, or (ii) breach of any other of the terms and conditions
of this Work Letter that is not cured within 10 days after written notice to Tenant
thereof, shall in each case be deemed to constitute an Event of Default under the Lease
entitling Landlord to exercise Landlord’s remedies under the Lease, including the right to
draw down on the Letter of Credit to cure any such Event of Default, and the rights set
forth in Section 4.5 below. Upon Landlord’s written request to Tenant, such request to be
delivered no earlier than 30 days after the Substantial Completion Date, Tenant shall, at
Tenant’s sole expense, promptly deliver to Landlord a complete set of as-built plans for
the Tenant Work prepared by the Architect. Such plans shall be in so-called “computer
assisted design” or “CAD” format if requested by Landlord.



4. Landlord’s Contribution.




     4.1 Permitted Expenses. As an inducement to Tenant’s entering into the First
Amendment to Lease, and subject to the terms and conditions set forth in this Work Letter,
Landlord shall provide to Tenant Landlord’s Contribution. Landlord’s Contribution shall be used by
Tenant to reimburse Tenant for the following costs paid or incurred by Tenant in connection with
Tenant’s Work: building permit, general construction costs; data/telecommunications cabling and
related equipment costs; architectural and engineering services, including space plans, as-built
plans, and mechanical, electrical and plumbing work; construction management fees; and relocation
expenses (collectively, “Tenant’s Permitted Expenses”).



     4.2 Periodic Payments. Upon commencement of the construction of Tenant’s Work, Tenant
shall have the right to obtain periodic payments (but not more than once a month) for Tenant’s
Work Performed and Tenant’s Permitted Expenses incurred of up to 75% of Landlord’s Contribution
(collectively, the “Periodic Payments”) by submitting to Landlord (i) a statement
(hereinafter “Tenant’s Statement”), including requisitions from Tenant’s contractors with
retainage of not less than 10% of the amount of such requisition, third party invoices, and other
documentation reasonably requested by Landlord showing in reasonable detail the cost of all such
Tenant’s Permitted Expenses and (ii) Lien Waivers with respect to work set forth on Tenant’s
Statement. For the Periodic Payments, Landlord shall pay to Tenant within 30 days of Landlord’s
receipt of Tenant’s Statement, the lesser of (i) Tenant’s Permitted Expenses as detailed on
Tenant’s Statement, or (ii) 75% of Landlord’s Contribution minus amounts previously paid to
Tenant.



     4.3 Final Payment. Tenant shall have the right to obtain payment of the unpaid
balance of Landlord’s Contribution at any time after the Final Payment Conditions are satisfied
but prior to the date that is 90 days after the issuance of the permanent Certificate of Occupancy
(the “Final Payment”), by submitting to Landlord (x) Tenant’s Statement in accordance with
Section 4.2 above; and (y) final Lien Waivers, conditioned only upon payment of the final amount
listed on the Lien Waiver, relating to items, services and work performed in connection with all
phases and portions of Tenant’s Work. The “Final Payment Conditions” shall mean (i)
Landlord has received the



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Substantial Completion Certificate, and a copy of the final Certificate of Occupancy; and (ii)
Tenant is occupying the Premises for the Permitted Use. For the Final Payment, Landlord shall pay
to Tenant within 30 days of the date of Landlord’s receipt of Tenant’s Statement and the Lien
Waivers in compliance with the terms of this Section 4, the lesser of (i) an amount equal to
Tenant’s Permitted Expenses as detailed on Tenant’s Statement, or (ii) an amount equal to the
unpaid balance of Landlord’s Contribution.



     4.4 Additional Conditions. Landlord shall have the right, at Tenant’s expense, upon
reasonable advance notice to Tenant, to inspect Tenant’s books and records relating to Tenant’s
Statement in order to verify the amount thereof. Notwithstanding anything to the contrary
contained in the Lease: (i) Landlord shall have no obligation to pay any portion of Landlord’s
Contribution requested under any Tenant’s Statement that is submitted to Landlord after the
Outside Work Completion Date; (ii) Landlord’s obligation to pay any portion of Landlord’s
Contribution shall be conditioned upon Tenant being in compliance with the terms of this Lease,
and there existing no Event of Default under the Lease at the time that Landlord would be required
to make such payment; and (iii) Landlord shall have no obligation to advance any funds or pay any
amounts on account of Tenant’s Work in excess of Landlord’s Contribution.



     4.5 Landlord’s Contribution/Event of Default. If an Event of Default occurs
(i) Landlord’s obligation to provide Landlord’s Contribution shall, at Landlord’s option, be
deemed void as of the date of the occurrence of such Event of Default, and (ii) if Landlord
exercises it right to terminate this Lease in accordance with the provisions of Section 6.1.1 of
the Lease, Landlord can recover from Tenant, in addition to the other amounts set forth in Section
6, the unamortized balance of Landlord’s Contribution paid to Tenant (calculated on a level direct
reduction basis over the Initial Lease Term). The provisions of this Section 4.5 shall be in
addition to all other rights and remedies of Landlord in the event of a default of Tenant under
the Lease. Tenant shall not be entitled to any credit or reduction in the amount recoverable by
Landlord pursuant to this Section 4.5 based upon amounts collected by Landlord from reletting the
Premises after an Event of Default.


5. Notice. Any notice required or permitted to be
given pursuant to the provisions of this Work Letter shall
be given in accordance with the provisions set forth in
the Lease.




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SCHEDULE A




Landlord Approval Letter




                                 , 2011



athenahealth, Inc.

300 North Beacon Street

Watertown, Massachusetts 02472





	 	Re:  	 	311 Arsenal Street, The Arsenal on the Charles  

Watertown, Massachusetts	 




Ladies and Gentlemen:




     Reference is made to that certain Lease, dated as of November 8, 2004, between President and
Fellows of Harvard College, as Landlord, and athenahealth, Inc., as Tenant, as amended by a First
Amendment to Lease (the “Amendment”) dated as of May 16, 2011 (as so amended, the
“Lease”). In accordance with Section 2.2 of the Expansion Premises Work Letter attached to
the Amendment, this is to confirm that the Final Construction Plans referred to in such Work
Letter are those drawings prepared by
[                       ]
and described as follows:



	 	 	 	 	 
	DATE	 	TITLE	 	#PAGES
	 
	 	 	 	 





     Landlord confirms that it has approved the Final Construction Plans.



     The following elements of Tenant’s Work shall be removed by Tenant at the expiration of
the Lease Term in accordance with Section 5.1.4 of the Lease, unless Landlord elects otherwise
as set forth in Section 5.1.4:



[LIST ALL ELEMENTS TO BE REMOVED]




     If the foregoing is in accordance with your understanding, would you kindly execute this letter in
the space provided below and return the same to us, whereupon it will become a binding agreement
between us.













 





	 	 	 	 	 
	 	Very truly yours,




PRESIDENT AND FELLOWS OF HARVARD COLLEGE

 	 
	 	By:  	
 	 
	 	 	 	 



	 	 	 	 	 
	Accepted and Agreed: 



ATHENAHEALTH, INC.

 	 	 
	By:  	
 	 	 
	 	Name: 	
 	 	 
	  	Title: 	
 	 	 



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SCHEDULE B




Construction Guidelines




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CONSTRUCTION GUIDELINES




 





311 Arsenal
Street 
Building
#311
 Watertown, MA, 02472



Beal.  |  3 Kingsbury Avenue  |  
Watertown, MA 02472  |  p: 617-923-4500  |  f: 617-923-4501  |  www.taotc.com



 









 





TABLE OF CONTENTS




	 	 	 	 	 	 	 

	I.
	 	INTRODUCTION	 	 	1	 
	 
	 	 	 	 	 	 
	II.
	 	PRE-CONSTRUCTION	 	 	2	 
	 
	 	 	 	 	 	 
	A.
	 	PLANS	 	 	2	 
	B.
	 	PERMITS	 	 	2	 
	C.
	 	INSURANCE	 	 	3	 
	D.
	 	APPROVED CONTRACTORS AND SUBCONTRACTORS	 	 	3	 
	E.
	 	CONSTRUCTION SCHEDULE	 	 	3	 
	 
	 	 	 	 	 	 
	III.
	 	CONSTRUCTION PERIOD	 	 	3	 
	 
	 	 	 	 	 	 
	A.
	 	SUPERVISION	 	 	3	 
	B.
	 	SECURITY	 	 	4	 
	C.
	 	FIRE SAFTEY	 	 	4	 
	D.
	 	CLEANING/BUILDING PROTECTION	 	 	4	 
	E.
	 	NOISE AND VIBRATIONS	 	 	5	 
	F.
	 	TELEPHONE AND ELECTRICAL ROOMS	 	 	5	 
	G.
	 	ELEVATORS	 	 	6	 
	H.
	 	DEMOLITION AND CONSTRUCTION DEBRIS	 	 	6	 
	I.
	 	STORAGE	 	 	7	 
	J.
	 	INSPECTION	 	 	7	 
	 
	 	 	 	 	 	 
	IV.
	 	MECHANICAL/DESIGN SPECIFICATIONS	 	 	7	 
	 
	 	 	 	 	 	 
	A.
	 	HVAC	 	 	7	 
	B.
	 	ELECTRICAL INSTALLATIONS	 	 	8	 
	C.
	 	PLUMBING	 	 	9	 
	D.
	 	FIRE ALARM SYSTEM	 	 	9	 
	E.
	 	TELEPHONE HOOKUPS	 	 	10	 
	F.
	 	WALLS	 	 	10	 
	G.
	 	ENTRY WAY DOORS AND HARDWARE, ETC.	 	 	10	 
	H.
	 	WINDOWS/SOLAR SCREENS	 	 	10	 
	I.
	 	FIREPROOFING	 	 	10	 
	J.
	 	SPRINKLERS	 	 	11	 
	K.
	 	ROOFING	 	 	11	 
	 
	 	 	 	 	 	 
	APPENDIX A : CERTIFICATE OF INSURANCE	 	 	12	 
	 
	 	 	 	 	 	 
	APPENDIX B : ELEVATOR INFORMATION	 	 	13	 
	 
	 	 	 	 	 	 
	APPENDIX C : FIREPROOFING REQUIRMENTS	 	 	14	 
	 
	 	 	 	 	 	 
	APPENDIX D : SUBMITTAL OF DRAWINGS	 	 	15	 
	 
	 	 	 	 	 	 
	APPENDIX E : RULES AND REGULATIONS	 	 	17	 
	 
	 	 	 	 	 	 
	APPENDIX F : ARCHITECTURAL AND ENGINEERING GUIDELINES	 	 	20	 






 









 






The Arsenal on the Charles

3 Kingsbury Avenue, Watertown, MA 02472

TEL: 617-923-4500 • FAX: 617-923-4501 • www.TAOTC.com





	I.	 	INTRODUCTION
	 
	 	 	The Arsenal on the Charles staff looks forward to working with the Tenant and Contractor
as fellow members of your “Project Team.” We want to ensure that the construction is
completed smoothly and results in maximum tenant satisfaction.
	 
	 	 	All construction at The Arsenal On The Charles must be done in compliance with the
Building’s Standard Specifications as well as Landlord requirements as detailed in this
text. All work must be performed in compliance with all applicable Federal, State and
Local Laws, Regulations, Building Codes and Zoning Ordinances. In the event of a
conflict, current Laws and Regulations supersede these Specifications.
	 
	 	 	Approval must be received IN WRITING from the Beal Company Management Office
prior to the commencement of any Tenant alteration/construction work.





	 	 	 	 	 	 	 

	CONTRACTOR

	 	 	 	BUILDING OWNER
	 	 
	Project Manager

	 	 	 	Primary Contact	 	 
	Phone

	 	 	 	Phone	 	 
	Fax

	 	 	 	Fax	 	 
	Cell

	 	 	 	Cell	 	 
	Email

	 	 	 	Email	 	 
	Pager

	 	 	 	Pager	 	 
	Project Supervisor

	 	 	 	Secondary Contact	 	 
	Phone

	 	 	 	Phone	 	 
	Fax

	 	 	 	Fax	 	 
	Cell

	 	 	 	Cell	 	 
	Email

	 	 	 	Email	 	 
	Pager

	 	 	 	Pager	 	 






1









 







	II.	 	PRE-CONSTRUCTION
	 
	 	 	A pre-construction meeting must be held with the Tenant, Architect, Engineer
Consultant, General Contractor, (“Contractor”) and Landlord’s Agent. The term
“Contractor” for the purposes of this manual shall include all sub-contractors, lower
tiered sub-contractors and or vendors as may be applicable. As the project progresses,
correspondence and questions should be addressed to:






	 	 	Beal & Co., Inc. (Landlord’s Agent)

Attn.: Property Manager

3 Kingsbury Avenue, Watertown, MA 02472






	 	 	The Tenant must designate a representative (Tenant Representative) must inform Beal
Company Management in writing of the individual’s name. The Tenant’s Representative
must be able to make decisions on behalf of Tenant regarding clarification of documents
and must be authorized to accept financial responsibility on the Tenant’s behalf.






	 	A.	 	Plans & CAD Files






	 	1.	 	The Tenant shall submit preliminary construction drawings of the
proposed work to the Management Office for approval. These plans will be
reviewed by the Building Staff for safety, impact on neighboring Tenants, and
consistency with the Building’s operational strategies.






	 	2.	 	All plans shall be dated and shall identify the Architect’s name,
address and telephone number, Tenant’s name. All submissions to be on sheets
30” x 42” or 24” x 36”, drawn to a minimum scale of 1/8”. Tenant should
maintain a file of copies of all transmissions to the Management Office.






	 	3.	 	Prior to any construction, three (3) sets of wet-stamped drawings
must be signed as “approved” by the Management Office, Chief Engineer, and
Tenant Representative. This indicates agreement on the plans to be used for
construction.






	 	4.	 	At the completion of the project, AUTOCAD format must be submitted
to the Beal Management office.






	 	5.	 	Please refer to Appendix D for a detailed discussion regarding
Submittal of Drawings.






	 	B.	 	Permits






	 	1.	 	Have all required permits posted and submit a copy to the Beal &
Company management office prior to proceeding with work. No work shall begin
until permits have been received by the Beal Management Office.






	 	2.	 	Tenant shall be responsible for payment of all filing fees and for
all controlled inspections, permits, and all other code mandated
testing/inspections which shall be performed by the Locality, Building Code
consultant or Building’s independent consultants, if applicable.






2











 







	 	C.	 	Insurance






	 	1.	 	A Certificate of Insurance must be delivered to the Beal Management
office before
proceeding with work. Also the following names as the additionally
insured: President and Fellows of Harvard College. Specifications for
Certificates of Insurance, Certificates are in Appendix A.






	 	D.	 	Contractors and Subcontractors






	 	1.	 	All work shall be performed by a licensed Contractor. All
contractors and sub-contractors are subject to the approval of the Management
Office.
	 
	 	2.	 	A complete list of contractors, subcontractors and tenant
representatives involved with the project should be submitted to the Beal
Management Office.
	 
	 	3.	 	Tenant and Contractor shall make every effort to avoid labor
disputes and shall indemnify the Landlord and Landlord’s Agent against any such
disputes.
	 
	 	4.	 	The Contractor and all his sub-contractors shall furnish labor
that will work in harmony with all other elements of labor employed or to be
employed in the work and on the premises whether labor is employed by
Contractor or its sub-contractors, Landlord, Landlord’s tenants or any
separate contractors and that all construction and/or alterations will be
performed in such a manner as to avoid materially interfering with
Landlord’s and its tenants’ operation of the premises. Contractor shall stop
construction or other activity immediately upon notification by Management
Office that continuing such construction or activity would or is creating
interference.






	 	E.	 	Construction Schedule






	 	1.	 	A copy of the construction schedule indicating the proposed start
and completion dates and proposed hours of construction should be delivered to
the Beal Management Office. Prior to and during the construction phase,
Contractor shall provide weekly work schedules detailing daily work hours.
Regular building business hours are from 8:00 a.m. to 5:00 p.m. (Monday —
Friday). It will be the responsibility of the Contractor to notify the Beal
Management Office if the schedule changes. The construction schedule should be
based on the work to be performed as indicated on the Tenant’s Approved
Construction Documents.






	III.	 	CONSTRUCTION PERIOD






	 	A.	 	Supervision






	 	1.	 	A foreman in the employment of the Contractor is required to
be on the job site at all times when any work is in progress. The foreman
shall make himself known to the Beal Management Office, and introduce any
replacement, be they temporary or permanent.
	 
	 	2.	 	All after-hours work by Contractors must be scheduled 24 hours in
advance with the Beal Management Office.




3









 






	 	B.	 	Security






	 	1.	 	Tenant shall contact the Beal Management Office to obtain temporary Building
Access Cards for use by the contractor.
	 
	 	2.	 	Beal Management Office must have access to work areas at all times.






	 	C.	 	Fire Safety






	 	1.	 	All necessary fire protection (i.e. fire extinguishers and sand buckets) must
be in place throughout the construction process. These fire protection requirements
shall be provided by the Contractor at Tenant’s expense, and as directed by the Beal
Management Office, and as required by local code.
	 
	 	2.	 	Properly equipped and trained fire watch personnel shall be posted whenever any
type of welding, cutting or burning is taking place, and as required by Federal, State
or Local codes.
	 
	 	3.	 	Specific approval must be obtained from the Beal Management Office any time
work may produce smoke, heat, flame, or heavy dust, or at any time when work could
potentially cause damage to sprinkler pipes or heads. This includes use of acetylene
torches and demolition. This written approval is required in order to coordinate the
proper deactivating and reactivating of the appropriate portions of the Building’s
sprinkler and Fire Alarm System. The deactivating and reactivating shall only be done
by Building personnel. Contractor shall request approval from the Beal Management
Office in writing at least 24 hours prior to such work.
	 
	 	4.	 	Beal Management Office must be notified of all and any hazardous or flammable
materials being utilized accompanied with the proper MSDS sheets. All flammable
materials (thinners, adhesives, oily rags, gasoline, etc.) must be stored in
an approved NFPA (Code 30) fire cabinet at the end of each workday. Cabinets are to be
provided by the Contractor. Acetylene oxygen and propane tanks must be removed from
the premises at the end of each workday.
	 
	 	5.	 	Any additional reasonable fire protection requested by the Beal Management
Office shall be provided by the Contractor.
	 
	 	6.	 	The Contractor will protect the Public, Tenant, and Building property by
installing all necessary signs, dust protection and all other safety measures required
for this work. These reasonable requirements shall include, but not be limited to,
ensuring the core Class E system (pull stations and common-area smoke detectors)
remain in full operation throughout construction.






	 	D.	 	Cleaning/Building Protection






	 	1.	 	In order to minimize any adverse impact on tenanted areas in the Building that
may be affected by demolition or construction, dust or dirt shall be cleaned by the
Contractor’s labor to the satisfaction of the Beal Management Office. Such spaces
include floors, walls and ceilings of multi-tenant corridors, and elevator lobbies and
cabs. Cleanup work is the full responsibility of the Contractor.
	 
	 	2.	 	Dust, which accumulates from work done during normal business hours, shall be
cleaned continuously, and that which results from after-hours work shall be cleaned
after work is completed.
	 
	 	3.	 	If no work is planned for the following morning, additional follow-up cleaning
of public areas is required no later than 8:00 a.m. the following day to clean dust
which may have settled during the night. This requirement includes weekends.




4









 













	 	4.	 	The floors must be kept in broom clean condition. The job site is to be
maintained in a clean condition. Trash shall be removed at the end of each day and
should be carted away from the Building by Contractor at Tenant’s expense. Debris is
not to be left in piles in the Tenant space/work area, public areas such as corridors
or freight lobbies, or in the main freight corridor. Containers must be promptly
returned to the work area and not left in common areas. Debris, containers, incoming
material, tools and the like may not be stored anywhere outside the work area.
	 
	 	5.	 	Damage to elevator or common areas will be charged directly to the contractor.
Protect floors and walls with poly sheets or plywood on the floor. Protection of walls,
floors, elevators, ceilings, doors, etc. is the contractor responsibility. Any damages
will be the contractor’s responsibility for repairs.
	 
	 	6.	 	The Contractor is to use rubber wheeled carts in removing debris and trash
from Tenant’s space. Under no circumstances shall metal-wheeled carts be allowed.
All doors are to be protected with paper and cardboard.
	 
	 	7.	 	Any damage done to the corridors must be repaired by Contractor at the Tenant’s
expense upon completion of the project. Corridor specifications can be obtained from
the Management Office.
	 
	 	8.	 	Appropriate precautions must be taken by Contractor to protect filters on the A/C
units from
clogging when construction dust is heavy. Contractors should notify the Management
Office in advance when such construction activities seem likely. As determined by the
Chief Engineer, filters will be replaced at the Tenant’s expense.
	 
	 	9.	 	Restrooms shall not be used for cleaning of construction or painting tools or
equipment. Contractor will be back charged for an extra cleaning.
	 
	 	10.	 	Cutting or trenching of the floor slab is prohibited without prior written
consent. Coring is allowed ONLY with advance permission.
	 
	 	11.	 	Any practices that are odor-causing or particulate-generating are prohibited
during business hours.
	 
	 	12.	 	All materials, tools and debris are required to enter and leave the building by
the loading dock ONLY. Use of the front entrance doors is strictly prohibited.






	 	E.	 	Noise and Vibrations






	 	1.	 	Consideration must be given to minimizing inconvenience to other tenants
adjacent to the area under construction concerning noise, dust and orders.
	 
	 	2.	 	Any construction work causing excessive noise and/or vibrations, such as coring,
column chipping, setting of anchors, etc. shall not be performed during normal business
hours.
	 
	 	3.	 	Any work that disrupts nearby Tenants must cease immediately upon request of the
Management
Office and rescheduled for completion on an after-hours basis.






	 	F.	 	Telephone and Electrical Rooms






	 	 	 	The following rules shall apply to anyone other than building personnel wanting
access to telephone or
electric rooms for tenant work:




5









 






	 	1.	 	A key must be signed out at the security desk by the person/company
performing the work. This sign-out shall require the person’s name, company name,
name of the tenant which the work is being performed for and the technicians’
manager’s name and phone number.
	 
	 	2.	 	Keys may be signed out between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. All keys must be returned no later than 5:00 p.m. Work outside of
these hours will need to be scheduled no less than forty-eight hours in advance.
	 
	 	3.	 	No key may leave the premises. Any time the working Contractor leaves the
floor of work, the room(s) is to be secured.
	 
	 	4.	 	The Contractor(s) performing the work shall be held liable for keeping the
area clean. No parts or equipment are to be stored in these rooms. Rooms are to be
cleaned before the Contractor leaves for the day. No building equipment will be used
by the Contractor for the task of cleaning these rooms.






	 	G.	 	Elevators






	 	1.	 	Construction and demolition materials move must be scheduled between 6:00
a.m. and 8:00 a.m. or after 6:00 p.m. weekdays, or on weekends, unless otherwise
approved by Beal Management.
	 
	 	2.	 	The Beal Management Office requires 24 hours notice for the use of an
elevator for extended deliveries or the moving of large piece of equipment.
	 
	 	3.	 	Beal Management Office must be given 24 hours prior notice for a weekday and
notice by noon on Thursday for a weekend reservation of an elevator.
	 
	 	4.	 	The Contractor must clean the elevator and all areas affected by the work after
each use.
	 
	 	5.	 	Elevator use during normal business hours is for routine deliveries only. No
exclusive use of these elevators can be granted during this time. Arrangements for
after-hours elevator service should be made with the Management Office.






	 	H.	 	Demolition and Construction Debris






	 	1.	 	All demolition, debris removal, and transporting of large quantities of
construction materials must be done before or after regular Building business hours.
Arrangements for after-hours freight elevator service should be made with the Beal
Management Office at least 24 hours in advance, or on Thursday for weekend work.
	 
	 	2.	 	All construction debris must be removed from the Building within twenty-four
hours.
	 
	 	3.	 	All dumpsters are to be placed either at the West or East ends of the building
only, or in an area designated by Beal Management, and covered at the end of each day.
	 
	 	4.	 	No construction debris or materials are to be stored or transported through the
main lobby/lobbies at any time.






6












 







	 	I.	 	Storage






	 	1.	 	Contractors are not to store any equipment in building attic
stock, electrical closets, phone closets, mechanical rooms, or freight halls.
Storage must be coordinated with either the Beal Management Office or the
General Contractor and shall in most cases be confined to the construction
site.
	 
	 	2.	 	Anything uncrated at the loading dock, must be removed at the end
of the day. The loading dock must be kept clean and contractor will be billed
for removal of crates, etc.






	 	J.	 	Inspection






	 	1.	 	Landlord and/or Beal Management Office has the right to inspect
construction operations at any time.






	IV.	 	MECHANICAL/DESIGN SPECIFICATIONS
	 
	 	 	General
	 
	 	 	The following items, addressed in the paragraphs below, are among those that must
conform to the Building Standard Specifications.






	 	•	 	HVAC systems
	 
	 	•	 	Electrical installations
	 
	 	•	 	Fire alarm
	 
	 	•	 	Plumbing
	 
	 	•	 	Telephone hookups
	 
	 	•	 	Walls
	 
	 	•	 	Entryway doors, hardware and locks, electric strike,
	 
	 	•	 	Signage
	 
	 	•	 	Windows, solar screens
	 
	 	•	 	Fireproofing
	 
	 	•	 	Security & card access systems






	 	 	Shutdown
	 
	 	 	No shutdown of water, electric, drainage, sprinkler, or HVAC, other than
designated working areas, is to be preformed without notice and approval of the building
maintenance. A minimum of forty-eight (48) hours notice must be prearranged with the
Beal & Company management office. This work may be required to be preformed on an
overtime basis.






	 	A.	 	HVAC
	 
	 	NOTE:  	 	Whether or not any mechanical work is part of the project, the
tenant/contractor shall be responsible for any change in the mechanical HVAC delivery
system resulting from any alteration of the space configuration. This shall include:
insulating of supply ductwork, relocation of sensors, thermostats, ducts or diffusers,
calibration of any temperature controls and air balancing.






	 	1.	 	The standard air distribution system is provided by HVAC units.
This system is operated and controlled by computer settings via Johnson
Controls Software.
	 
	 	2.	 	Any unused ductwork in tenant’s premises shall be removed. Prior
to removal, Building Management must be notified.




7









 







	 	3.	 	HVAC equipment is not to be installed over any wall. Walls are not to be
built under any VAV box. If a VAV box is to be installed above a drywall ceiling,
access panel must be of sufficient size to allow removal of the motor unit if
necessary.
	 
	 	4.	 	All systems must be restored to good working order and tested by Contractor,
at its expense (to include thermostats and modulating controls).
	 
	 	5.	 	Air Balancing tests on new or modified ductwork are to be conducted by
Landlord’s contractor only at the expense of the Contractor. A report is to be
provided to Beal Management.
	 
	 	6.	 	The only authorized HVAC Control Contractor that may work in the building is
Johnson Controls. No other HVAC Control contractor may be used. In addition, only
Johnson Controls may update any changes to the HVAC Control System on the Johnson
Controls computer. All costs incurred by Johnson Controls are at the sole expense of
the contractor.






	 	B.	 	Electrical Installations






	 	1.	 	Wiring within all closets, or any exposed interior area shall be in EMT from
any enclosure to a minimum of 6” above ceiling.
	 
	 	2.	 	The use of E.M.T or M.C. cable is acceptable. No other wiring methods are
acceptable without written consent by Landlord.
	 
	 	3.	 	All lighting fixtures must be energy efficient. Approved plans indicating
these fixtures must be submitted to the Beal Management Office prior to ordering the
fixtures.
	 
	 	4.	 	No back-to-back electrical outlets are allowed in adjacent offices. A
minimum of one foot of space between electrical outlets is required.
	 
	 	5.	 	No sub-panels or piggyback panels are allowed in Building electric closets.
	 
	 	6.	 	Temporary lights must be provided at all elevator lobbies, fire exits, and
equipment rooms on a 24- hour basis. All temporary lights and wiring must be removed
at the completion of the project.
	 
	 	7.	 	All power, including existing, must be routed back to the tenant electrical
closet, as applicable, and any penetration into the electrical closet must be
fire-stopped.
	 
	 	8.	 	All unused electrical wiring/conduit/cabling (including telephone) within
tenant’s premises shall be removed back to the source of connection. Prior to
removal, the building management must be notified in order to approve the extent of
removal and to coordinate the disconnection of related electrical work. This work
is to be made part of demolition work.
	 
	 	9.	 	Tenant electrical panels, if applicable, are required to be in the Tenant
space outside of the Building electrical closets.
	 
	 	10.	 	All panels must be labeled.
	 
	 	11.	 	The electrician is responsible for final inspection and sign-off by the
Electrical Inspector regardless of length of time it takes to schedule inspection
date. It is the responsibility of the electrical contractor to ensure that an
inspection is done. This shall include any Fire Alarm System work performed.




8









 







	 	12.	 	Light fixtures are to be secured to structure by jack chain only. No tie wires
of any kind shall be allowed.
	 
	 	13.	 	No shared neutrals or multi-wire branch circuits shall be allowed on any new or retrofit
work.
	 
	 	14.	 	Cutting or trenching of the floor slab is prohibited. Coring is allowed ONLY
with Owner’s permission in advance.






	 	C.	 	Plumbing






	 	1.	 	Access doors must be installed at every wet column for accessibility to the valves.
	 
	 	2.	 	All piping to be abandoned as a result of Tenant’s Improvements within
Tenant’s premises shall be removed back to the source of connection by Tenant at
Tenant’s expense. Prior to removal, Building Management must be notified in order to
approve the extent of removal and to coordinate the disconnection of related plumbing
work. This work is to be made part of demolition work.
	 
	 	3.	 	Any new installation or replacement of a tenant hot water heater shall require
that an automatic leak detector and water shutoff be included as an integral part of
the hot water installation.






	 	D.	 	Fire Alarm System
	 
	 	 	 	The Contractor or Electrician shall furnish electrical drawings to Management Office prior
to the commencement of construction. These drawings shall include Fire Alarm System (which
should be a separate drawing), Riser Diagram and Sequence of Events. The Contractor is
responsible for coordinating all work with Management Office. The Building’s Fire Panel
contractor, Siemen’s, shall make the final tie-in of all fire devices to the panel on the
respective floor(s) at the Contractor’s expense. It is the responsibility of the
Contractor to ensure that any devices installed be Building Standard and further, that any
strobes/horns moved remain on the same circuit to ensure that the system remains in sync.
In the event that the moving of horns/strobes causes the system to be out of sync, it will
be the responsibility of the Contractor, as its sole expense, to correct the problem.
	 
	 	 	 	A work permit must be obtained prior to any work on the fire alarm system from the Town of
Watertown. The engineer who designed the mechanical systems shall sign and seal the riser
plan and certify, in writing, the completed system to the Town of Watertown prior to the
final sign off of the work permit and/or issuance of the Certificate of Occupancy. Also,
the electrical contractor shall complete an A433R Form which certifies the correct
installation of the fire alarm devices. The signed and sealed plan and A433R Form must be
given to the Beal Management Office to complete the fire alarm filing and sign-off.
	 
	 	 	 	NOTE: The building is equipped with beam detectors in all atrium spaces that will activate
the fire alarm system when crossed.
	 
	 	 	 	Any fire alarm testing should be scheduled for off-hours. Fire alarm must be disconnected
during the following;






A.) For all sprinkler work.




B.) For all welding, exothermic or work requiring a torch.




C.) Whenever dust will be generated in the vicinity of a smoke detector.




D.) Any work on the fire alarm panel or device powered by the fire alarm panel.




E.) The day prior to any final inspection, that included fire alarm work, as
well as the day of the final inspection that involves the Watertown fire
department.



9









 






	 	E.	 	Telephone Hookups






	 	1.	 	All telephone and data cables are to be made of approved fire resistant wire
(such as Teflon coated), or concealed in EMT when running through a return air plenum in a manner
acceptable to the Town of Watertown. No Tenant Equipment is allowed in Building
Mechanical Equipment Rooms or telephone closets. Tenant Equipment is allowed only
in the Tenant’s space, Permits are required for all wiring, including data and
telephone.






	 	F.	 	Walls






	 	1.	 	Office partition studs must extend to the underside of the slab above. All
demising partitions and corridor walls must be extended completely; drywall and studs
must extend to the underside of the slab above, per Town of Watertown codes.






	 	G.	 	Entry Way Doors, Hardware, etc.






	 	1.	 	Entry Way Doors — All Tenant Entry Doors on the public corridors of
multi-tenant floors are to:






	 	•	 	Match existing doors of other tenants on the respective floors
	 
	 	•	 	Any deviation from building standard must be approved in writing by Beal Management Office.






	 	2.	 	Hardware and Locks — Contractors shall utilize locksmith approved by
the Landlord. Tenant shall be responsible for keys used within their space in
conjunction with the building master keying system. All locks for entrances, closets,
exits, labs, computer rooms and offices must also be in conjunction with the building
master keying system.
	 
	 	3.	 	Electric Strike — All electrical strikes must be tied in to the
Building’s Fire Alarm System by the Building’s Fire Alarm System Contractor. All
strikes must fail safe on fire alarm.
	 
	 	4.	 	Signage — Building Standard Signage (frame, size and color) must be
used. The sign graphics, if applicable, must be submitted to the Management Office
four (4) weeks prior to the Tenant’s move- in date or date when signage is needed,
whichever is earlier, for approval.






	 	H.	 	Windows/Solar Screens






	 	1.	 	Blinds and shades are only permitted on the perimeter exterior walls of the
building. This means only windows that are facing the outside. The specific types
used in the building is ThermoViel (dense basket weave).






	 	I.	 	Fireproofing






	 	1.	 	Fireproofing must comply with all Federal, State and Local building codes. In the
event any structural steel is exposed as a result of construction, thorough fireproofing
shall be required as part of Contractor’s scope of work.




10









 






	 	J.	 	Sprinklers






	 	1.	 	Contractor shall provide three (3) spare sprinkler heads to the Beal
Management Office. All sprinkler work will require a Fire Alarm System shutdown
before draining. As soon as system is drained, Building’s Sprinkler Contractor will
put the building back on line except for the working zones. At the end of the day,
Building’s Sprinkler Contractor will refill the system and reset the Fire Alarm
Panel, no later than 5:00 pm.
	 
	 	2.	 	It is the Sprinkler Contractor’s responsibility to secure the fire pump when
refilling the system. No drain-down of the system or refill of the system shall take
place unless the Building’s Sprinkler Contractor is physically present on-site.






	 	K.	 	Roofing






	 	1.	 	Beal Management Office is to be notified when access is required on the roof.
	 
	 	2.	 	All roof penetrations must get approval by Beal Management and must conform to warranty
requirements (Firestone Roofing System).






11











 





APPENDIX A

CERTIFICATE OF INSURANCE REQUIREMENTS





	I.	 	The Contractor shall furnish to the Owner a Certificate(s) of Insurance providing the
following minimum insurance coverage. Original Certificate(s) of Insurance must be
provided before any contractor commences contract duties or contract duties will not be
allowed to commence:






	 	a.	 	Commercial General Liability: Combined single limit — $2,000,000 per
occurrence and annual aggregate per location. Such insurance shall be broad form and
include, but not be limited to, contractual liability, independent contractor’s
liability, products and completed operations liability, and personal injury
liability. A combination of primary and excess policies may be utilized. Policies
shall be primary and noncontributory.
	 
	 	b.	 	Worker’s Compensation — Statutory Limits of the Commonwealth of Massachusetts.
	 
	 	c.	 	Employer’s Liability: With minimum liability limits of $1,000,000 bodily
injury by accident each accident; $1,000,000 bodily injury by disease policy limit;
$1,000,000 per accident.
	 
	 	d.	 	Commercial Automobile Liability: Combined Single Limit — $1,000,000 per
accident, Such insurance shall cover injury (or death) and property damage arising
out of the ownership, maintenance or use of any private passenger or commercial
vehicles and of any other equipment required to be licensed for road use.
	 
	 	e.	 	Property Insurance: All-risk, replacement cost property insurance to protect
against loss of owned or rented equipment and tools brought onto and/or used on any
Property by the Contractor.






	II.	 	Policies described in Section 1.a. and 1.d. above shall include the following as
additional insured, including their officers, directors and employees. A GL-2010
Endorsement shall be utilized for the policy(ies) described in Section 1.a. above. Please
note that the spelling of these parties must be exactly correct or the insurance is not
valid and Contract Duties will not be allowed to commence.






	 	1.	 	President and Fellows of Harvard College
	 
	 	2.	 	Beal and Company, Inc.






	 	 	NOTE: Specific insurance requirements available upon request from Beal Management.






	III.	 	Contractor waives any and all rights of subrogation against the parties identified above
in Paragraph 2 as additional insured’s.
	 
	IV.	 	All policies will be written by companies licensed to do business in the State of
Massachusetts.
	 
	V.	 	Contractor shall furnish to the Owner Certificate(s) of Insurance for the contractor and
all sub-contractors, sub-sub-contractors, etc. evidencing the above coverage. Original
Certificate(s) of Insurance must be provided before Contractor commences Contract Duties
or Contract Duties shall not be allowed to commence.
	 
	VI.	 	Certificate(s) of Insurance relating to policies under this Agreement shall
contain the following words verbatim:




“It is agreed that this insurance will not be canceled, not renewed or the limits of
coverage in any way reduced without at least thirty (30) days advance written notice [ten (10)
days for non-payment of premium] sent by certified mail, return receipt requested to: Beal and
Company, Inc., 3 Kingsbury Avenue, Watertown, MA 02472”






12









 








APPENDIX B

ELEVATOR INFORMATION




	 	 	 	 	 	 	 

	1.	 	Elevator Entrance:	 	Located on the West and East ends of the building.
	 
	 	 	 	 	 	 
	2.

	 	Hours of Operation:	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	A) Business Hours	 	Normal elevator operating hours for general pickups and deliveries are as follows:

Monday through Friday 8:00 a.m. — 5:00 p.m.
	 
	 	 	 	 	 	 
	 	 	B) After Hours	 	Large moves and extended deliveries must be scheduled before 8:00 a.m. or after 6:00 p.m. weekdays, or on weekends.
	 
	 	 	 	 	 	 
	 	 	 	 	Elevator reservations must be made at least one day in advance with the Beal Management Office. Elevator usage is first come, first served;
early reservations are encouraged.
	 
	 	 	 	 	 	 
	3.

	 	Dimensions/Capacity	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	Capacity:
	 	2,500 lbs.
	 
	 	 	 	 	 	 
	 

	 	 	 	Dimensions:
	 	West Elevator (elevator #1)
	 

	 	 	 	 	 	8’ Deep
	 

	 	 	 	 	 	5’ 3” Wide
	 

	 	 	 	 	 	7’ High
	 

	 	 	 	 	 	Door is 4’ Wide
	 
	 	 	 	 	 	 
	 

	 	 	 	 	 	East Elevator (elevator #8)
	 

	 	 	 	 	 	5’ 5” Deep
	 

	 	 	 	 	 	6’ 3.5” Wide
	 

	 	 	 	 	 	7’ High
	 

	 	 	 	 	 	Door is 3’ 5.5” Wide






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APPENDIX C

FIREPROOFING REQUIREMENTS





	1.	 	Installation shall comply with the following standards:






	 	a.	 	Dry Density: 13 lbs/ft 3 minimum, 17 lbs/ft 3 average.
	 
	 	b.	 	Compressive Strength: 500 lbs/ft 2 for 10% deflection, ASTM E761.
	 
	 	c.	 	Impact Bond: No cracking or spalling with 60 lb. bag and 4’ height, ASTM E760.
	 
	 	d.	 	Deflection: No cracking, spalling, delamination or other defect or failure, ASTM
E759.
	 
	 	e.	 	Corrosion Resistance: No corrosion hen tested according to ASTM E937.
	 
	 	f.	 	Bond Strength: 200 lbs/ft 2 minimum, ASTM E738.
	 
	 	g.	 	Air Erosion Resistance: 0.25 grams ft2 maximum weight.






	2.	 	All structural elements (columns, beams, etc.) must have an application to afford three
hours of fire resistance. Floors and decking are to be two hours.
	 
	3.	 	Application of fireproofing must adhere to the following guidelines:






	 	a.	 	Mask and protect adjacent work which could be damaged by over spray or fallout.
	 
	 	b.	 	Clean substrates of all substances which might be incompatible or inhibit
bonding.
	 
	 	c.	 	Verify that surface members to receive sprayed fireproofing are compatible
with fireproofing materials and bonding requirements.
	 
	 	d.	 	Power clean unpainted members which will receive sprayed fireproofing to
remove incompatible materials which could affect bond when scraping, bruising, or
washing will not remove the materials.
	 
	 	e.	 	Assure that installation of clips, hangers, supports, sleeves, shaft wall
runners and other items required to penetrate the sprayed fireproofing work is
complete.
	 
	 	f.	 	Verify that ducts, piping, equipment, or other items would interfere with application of
fireproofing are not positioned until sprayed fireproofing work is completed.






14












 






APPENDIX D

SUBMITTAL OF DRAWINGS



The Tenant shall submit design and construction drawings of the proposed work to Beal.
Management Office for approval Beal Management Office will review for impact on neighboring Tenants, consistency with the
Building’s operational strategies, and compliance with the design guidelines and construction specifications.




Plans





	1.	 	The recommended first submittal shall be a space study indicating the proposed office
layout and all required exits. The study shall include egress calculations for tenant
space, indicate population loads, exit unit requirements, travel distances, and number of
required exits. At this time the Tenant should also be prepared to review any special
project-related requirements, such as structural reinforcement or supplemental mechanical,
electrical and plumbing systems.
	 
	2.	 	The required second submittal of plans shall be a complete set of construction documents,
consisting of demolition, architectural, mechanical, electrical, life safety, structural,
sprinkler with hydraulic calculations and plumbing, as applicable. These drawings should
indicate all special requirements, i.e., supplemental HVAC, floor loading, etc. The
drawings must include a cover sheet detailing general terms and conditions, along with
relevant specifications and regulations. This set must also include all necessary detail
drawings. A title sheet should include the site plan including the building address, block,
lot and zone. All drawings should predominantly display the tenant and floor involved. All
additional project manuals and/or associated specifications will be presented at this
time.
	 
	3.	 	All plans shall be dated and shall identify the Tenant Architect’s name, address and
telephone number, Tenant’s name and suite number. All submissions to be bound and collated
on sheets 30” x 42” or 24” x 36”, drawn to a minimum scale of 1/8”. Tenant shall provide
copies of all construction-related transmittals to the Beal Management Office.
	 
	4.	 	Prior to any construction three (3) sets of Building Approved drawings and construction
documents must be stamped and signed by the General Manager, Chief Engineer and Tenant
Representative. This indicates agreement on the plans to be used for construction. Each
party shall retain one set of drawings for record purposes.
	 
	5.	 	Please note that plans and drawings must not be folded.
	 
	6.	 	The Tenant Representative is responsible for submitting immediate written notification to
the Management Office of all changes or deviations in the construction from that shown on
the approved construction set of drawings.





Review of Construction Documents





	1.	 	Beal’s Management Office on-site staff will have all documents reviewed for compliance
with current regulations and building compatibility. This review will not absolve the
Tenant’s Architects, engineers and contractors from their sole responsibility to design
and build in accordance with all applicable regulations in a manner consistent with the
Tenants requirements and in an acceptable tradesmen-like quality.
	 
	2.	 	The first submittal consisting of an architectural conceptual design will be reviewed and
comments returned to the Tenants representative in (7) seven working days. This submittal
should include a space study indicating the proposed office layout and all required exits.
	 
	3.	 	The second submittal consisting of a complete set of construction documents as outlined
under PLANS, will be reviewed and comments returned to the Tenants representative
in (10) ten working days.




15









 






	4.	 	The third submittal consisting of a complete set of construction documents, amended to
incorporate all of the required modifications, from the preceding reviews. These documents
may now be released to building approved general contractors and sub-contractors for
bidding purposes. Beal Management Office will not allow construction to commence until such
time all relevant code or lease related issues raised by this project are resolved. A
complete set of approved construction documents must be now turned over to the Beal
Management Office.
	 
	5.	 	The filings for permits are to be presented to the Building signed and sealed by all
required parties accompanied by two sets of all required signed and sealed project
documents. The Building will keep a copy of all applications and the second set of signed
and sealed project documents for its records.
	 
	6.	 	Tenant shall be responsible for payment of all filing fees and for all controlled
inspections, permits, and other code mandated testing/inspections, which will be performed
by the Locality, Building Code consultant or Building’s independent consultants.
	 
	7.	 	Copies of all approved applications, project documents and permits must be delivered to
the Beal Management Office upon their receipt and prior to the commencement of work.
	 
	8.	 	During the course of the Project, the Building Representative will receive, in a timely
manner, copies of all approved submittals, including shop drawings for all materials,
equipment and systems.
	 
	9.	 	The Building will receive two (2) sets of installation, operation and maintenance
instructions for all architectural, mechanical, electrical, plumbing, fire and life safety
systems and their components. These should be produced in the form of Project Installation,
Operation & Maintenance Manuals.
	 
	10.	 	Upon completion of construction, two (2) sets of as-built drawings must be submitted to
the Beal Management Office, indicating all changes and deviations from the previously
approved construction set of drawings. This set shall be dated and marked “As-Built, for
Record” and shall be signed by both the Tenant and the Tenant’s Architect. This set will
include all “As-Built” shop drawings from the respective mechanical, electrical, life
safety trades and with any CAD files in AUTOCAD format.





Construction Schedule





	1.	 	Prior to any construction, the contractor should prepare a work schedule to be approved by the
Beal Management Office and the Tenant. The schedule should include work start date and anticipated
completion date; the schedule will be based on the work to be performed as indicated on the
Tenant’s approved construction documents. In addition, the schedule shall clearly indicate the
anticipated dates for all work, which can be reasonably expected to impact or disrupt the normal
functioning of the Building or other Tenants.





16









 






APPENDIX E

RULES AND REGULATIONS



The following information outlines the rules and regulations for contracted service personnel
that shall be followed by all Service Contractors working at The Arsenal on the Charles. No deviation or exception will be
permitted without the expressed, written approval of Agent. Questions or comments should be directed to the Beal
Management Office; 617-923-4500.





	1.	 	Prior to any activities, Service Contractor shall agree to abide by and conform to these
R&R’s and shall acknowledge such agreement for itself and all others performing any
portion of the Work by or through the Service Contractor, including subcontractors and
material suppliers by executing these R&R’s where shown.
	 
	2.	 	If Service Contractor is hired directly by Tenant, Tenant will be primarily
responsible for Tenant’s Service Contractor and its subcontractors, workmen,
suppliers, etc. Any action detrimental to the Property is the sole responsibility of
the Tenant. Service Contractor shall be responsible for enforcing these R&R’s with all
its subcontractors, workmen suppliers, etc.
	 
	3.	 	Plans and specifications setting forth all architectural, mechanical, electrical and
other aspects of the Work to be performed by the Service Contractor shall be submitted and
approved by Agent in writing prior to commencement of Work. Upon completion, Service
Contractor shall deliver to Agent “As-built” drawings of electrical, mechanical and any
deviations from original approved plans. Electrical panels must be labeled.
	 
	4.	 	All costs, including but not limited to, costs for permits, fees and licenses necessary
for the execution of Contract Duties shall be the sole and exclusive obligation of the
Service Contractor or its subcontractors.
	 
	5.	 	Service Contractor shall be responsible for its actions on site as well as those of its
subcontractors. Service Contractor shall promptly repair any damage to the Property caused
by Service Contractor or its subcontractors or material suppliers at no cost to Owner or
Agent. Care shall be taken to protect ceilings, walls, doors, and carpets of public areas
when moving construction materials, trash, etc.
	 
	6.	 	Service Contractor is responsible for the security in the work area and at its expense
shall provide its own watchman as required. All risk of loss to all property of the
Service Contractor and its subcontractors, including but not limited to, tools and
materials located on the Property, shall be the sole and exclusive responsibility of
Service Contractor and its subcontractors, and Agent shall have no responsibility.
	 
	7.	 	Service Contractor shall give all notices and comply with laws, ordinances, rules,
regulations and orders of any public authority bearing on the performance of the Contract
Duties.
	 
	8.	 	All workers shall maintain their actions while at the Property in a professional manner to
include but not limited to:






	 	a.	 	No abusive language.
	 
	 	b.	 	No alcohol or drugs.
	 
	 	c.	 	No smoking or drinking in public areas.
	 
	 	d.	 	No use of radios in areas that are accessible to the public or from which
the public may hear them being played.






Agent reserves the right to add other restrictions to those listed above
as may be deemed necessary to provide for the comfort and safety of the Tenants.



17









 





	9.	 	No storage of supplies or trash will be allowed on the Property at any time. All work and
adjacent areas are to be kept clean and free of trash, debris and non-useful materials at
all times at Service Contractor’s cost. Failure to do so will result in Agent providing this
service and charging the Service Contractor accordingly.
	 
	10	 	No storage of flammable substances will be allowed at the Property unless approved by Agent
and in accordance with approved building codes and regulations.
	 
	11.	 	No interviewing of job applicants or subcontractors will be allowed on-site without prior
written approval by Agent and prior scheduled appointment.
	 
	12.	 	There will be absolutely no use of Tenant and/or Building property to include, but not
limited to, telephones, dollies, ladders, photocopiers, vacuums, etc. unless specifically
approved in writing by Agent prior to its use.
	 
	13.	 	All deliveries will be scheduled with Agent. A prior notification of at least 24 hours but
not more than seven days is required. Scheduling of elevator time through Agent for
deliveries and trash removal will be the responsibility of Service Contractor.
	 
	14.	 	Service Contractor shall coordinate with and provide prior written notice to Agent when
access to occupied space is required. Service Contractor shall give notice according to the
following schedule.






	 	a.	 	Less than one hour required in the space; provide 24-hour advance notice.
	 
	 	b.	 	Less than one day required in the space; provide two days advance notice.
	 
	 	c.	 	More than one day required in the space; provide three days advance notice.






	15.	 	All Service Contractors must sign in with the security guard. An Agent’s representative
must be contacted that the Contractor is on-site.
	 
	16.	 	Service Contractor shall not be permitted any identifying signage or advertising unless
approved by Agent in writing.
	 
	17.	 	Service Contractor shall turn off lights and all other equipment at night after completion of
work for the day.
	 
	18.	 	Building hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Work beyond these hours is
subject to approval by Agent.
	 
	19.	 	The Service Contractor may only use the freight elevator to transport equipment, materials
or supplies. Agent reserves the right to restrict times Service Contractor may use freight
elevator.
	 
	20.	 	Service Contractor shall arrange for pre-inspection of Tenant suites prior to construction
to identify items subject to potential claims for breakage, theft, abuse, damage, etc.
Service Contractor’s General Superintendent and Subcontractor Foreman, Tenant
Representative, and Agent’s Property Manager and Building Engineer shall attend
pre-inspections.
	 
	21.	 	Service Contractor shall not interfere with other Tenants in such a manner as to cause
unnecessary inconvenience or disruption. Work of this nature must be scheduled before 8:00
a.m. and after 6:00 p.m. Work that disrupts nearby Tenants must cease immediately upon
request of the Agent and rescheduled for completion on an after-hour basis.
	 
	22.	 	Use of odor causing or particulate generating practices during normal business hours is
prohibited.







18









 






	23.	 	Agent shall have the right from time to time as may be required, to inspect or perform work
within the property. Agent shall have the right to suspend Service Contractor’s Work in the property if such
work, in the opinion of the Agent, is presenting or may present a danger to life,
safety, or property, or in an emergency situation.




It is expressly understood and agreed that this Agreement shall be for the direct benefit of the
Owner. Accordingly, Owner shall be granted the right to pursue in its own name any rights or
remedies against Service Contractor including without limitation, claims for damages granted to
other parties under the Agreement.





19











 






APPENDIX F

ARCHITECHTURAL AND ENGINEERING GUIDELINES



This memorandum will summarize the basic requirements of the sixth edition of the
Massachusetts State Building Code (MSBC) applicable to the building at 311 Arsenal Street,
Watertown. It includes the conditions imposed by MSBC Appeal Board in its decision to permit
the roof trusses of the building to remain without fire rating.




Basic Building Code Requirements



The basic requirement of the MSBC applicable to this building are summarized in Table No. 1. The
occupancy and building characteristic that are the basis for those requirements are identified
at the beginning of that table. Any deviation from those characteristics including changes of
occupancy must be made in compliance with the building code and the intent of the variance
which was granted with respect to the roof assembly.




Conditions on the Variance



Two sets of conditions have been imposed on the design and construction of the building in
order to justify the variance to permit the roof trusses and deck to be unrated. These are in
addition to the standard features of the building required by the building code based on its
occupancy and physical characteristic. Those requirements are summarized in Table No. 1.



First, in the presentation of technical arguments for the variance, it was represented that the
following fire protection features would be provided in the building:





	 	1.	 	One connection to the site water mains which are supplied from the Watertown
municipal water system.
	 
	 	2.	 	A fire pump to boost system pressures to required levels.
	 
	 	3.	 	A standby power supply for the fire pump.
	 
	 	4.	 	A system of combined standpipe risers to supply sprinkler systems of each
floor as well as hose connections within exit stairs.
	 
	 	5.	 	Three sprinkler systems per floor with each arranged to be supplied from two
separate standpipes.
	 
	 	6.	 	Complete supervision of all operation characteristics and components of the
sprinkler and standpipe systems.
	 
	 	7.	 	Complete coverage of all levels of the building with automatic smoke detectors.




All of these features have been provided as part of the base building except that tenant
sprinkler systems must be arranged to be supplied from two separate standpipes and tenant
space fire alarm systems must include complete coverage with an addressable automatic
smoke detection system for all floors.



Second, two conditions were imposed on the fourth floor of the building by the Appeal Board in
its decision. One condition requires that ceilings, where provide, have a one hour fire rating.
This requirement may be applicable to fully enclosed offices, toilet rooms, storage rooms,
equipment rooms and similar spaces which are provided with ceilings suspended or framed below
the roof trusses. The decision also required that sprinklers be installed both above (in the
truss space) and below the ceilings (in the use space), where ceilings are provided.



The requirement for a one hour ceiling may be satisfied by installation of a ceiling assembly
which has a one hour “finish rating” by standard Underwritten Laboratories’ test criteria. Such
a ceiling will typically require two layers of 5/8 inch Type X gypsum-board appropriately
attached to framing above. The ceiling membranes of UL Floor/Ceiling Assembly Design No. L532
or L505 would be appropriate for this purpose. The intended fire rating will only be achieved
if the ceiling membrane is provided with connections and support equal to that provided by the
floor assembly to which it is attached in the UL Design (ie. Spacing of framing, frequency of
fastener, etc.).












20









 








Floor Systems



2. Provide 2 hour fire ratings for floor/ceiling assemblies as required for construction Type 1B.
(T-602).



3. Provide multiple floor openings arranged as an atrium having features as summarized in
Table No. 1. (713.3, Exception 5, 404.0)




Interior Walls and Partitions



4. Provide unrated partitions for enclosure of exit access corridors. (1011.4)



5. Provide one hour rated partitions as tenant-to-tenant separation walls. (T-602).



6. Provide two hour fire enclosures for stairway, elevator and mechanical shafts which connect
more than three stories and one hour fire rated enclosures for stairway and mechanical shafts
which connect three stories or less.



(T-602, 1014.11, 710.3)



7. Provide two hour fire rated enclosures of all rooms, shafts and closets containing equipment
and wiring for emergency power generation, distribution and control. (MA Electrical Code,
700-10).



8. Provide one hour fire rated walls with 3/4
 hour opening protective around the following specific
occupancy areas:





	 	•	 	Trash rooms
	 
	 	•	 	Physical Plant and Maintenance Shops




(302.1.1, T-302.1.1)



9. Provide smoke partitions designed to resist the passage of smoke constructed of
combustible or non-combustible materials which extend from the floor below to the underside
of the floor or roof above around the following specific occupancy areas:





	 	•	 	Storage rooms over 50 sq. ft. in area




(302.1.1, T-302.1.1)



10. Provide doors to the areas identified in Item 9 which are self closing or arranged for
automatic closing upon detection of smoke. (302.1.1.1)




Exterior Walls and Roof



11. Provide three hour fire ratings for interior and exterior columns supporting more than one
floor and two hour fire ratings for columns supporting only one floor or the roof. (T-602).



12. Provide unrated non-bearing exterior wall components for the building walls. (705.2, T-705.2).



13. Utilize unlimited openings in exterior walls. (705.3, T-705.3).



No rating is required for exterior walls of a sprinklered building of use Group B occupancy
when the fire separation distance for the wall is greater than 5 feet. Unlimited exterior wall
openings are permitted in such a wall when the wall has a fire separation distance of more than
20 feet.



The fire separation distance of the Arsenal Street wall measured to the centerline of Arsenal
Street is 48 feet. The fire separation distances of walls not facing immediately adjacent
buildings are well in excess of 20 feet.



The physical distance between building 311 and the Harvard Printing Building is approximately
37 feet. A fire separation distance of greater than 15 feet for the Harvard Printing Building
permits that budling to have an unrated exterior wall with not more than 70% openings. The
remaining 22 feet is considered the fire separation distance for Building 311. That


21









 






distance allows the unrated exterior wall with essentially 100% openings that are provided on
Building 311.



The physical distance between Building 311 and the adjacent parking garage is approximately
55 feet. That physical distance permits a fire separation distance of greater than 30 feet
for the parking garage and greater that 20 feet for Building 311. In that situation, the
exterior wall of Building 311 is permitted to be unrated and have unlimited exterior
openings.



14. Do not provide fire rated exterior walls for exit stair enclosures or for the exterior
walls of use spaces adjacent to exterior walls of exit stairs. (Compliance alternative
1014.11.1).



MSBC Section 1014.11.1 requires that either the exterior walls of exit stair enclosures have a
one hour rating and have protected openings of that the exterior walls of adjacent use spaces
within 10 feet of the stair enclosure be treated in that manner.



As a compliance alternative to strict compliance with the requirement for exterior wall rating
and opening protectives wither within or adjacent to an exit stair, close spaced automatic
sprinklers will be provided to protect the exterior glass of the stair enclosure. Those
sprinklers will help to maintain the integrity of the stairway windows under potential fire
exposure.



15. Do not provide opening protection for any exterior wall openings in this fully sprinklered
building. (705.3.1).



16. Do not provide a fire rated spandrel panel or wall on this fully sprinklered building. (705.4,
Exception 2).




Fire Alarm System



17. Provide a fire alarm system having the basic features required by Section 917 and additional
features required by the atrium Section 404.0. (917.4.2).



18. Provide addressable system connected automatic some detectors throughout all levels of the
building. (NR/Condition of variance).



Complete coverage of the building with addressable type smoke detectors was offered as part of
the justification of the requested variance from fire rating requirements applicable to the roof
assembly. Such protection is considered a condition of the variance.



19. Activate the fire alarm system using manual pull stations, water-flow detectors of the
sprinkler system and smoke detectors of the atrium exhaust system. (917.7.1).




Means of Egress



20. Provide 2 doors to the corridor system from all rooms or spaces with an occupant load of
more than 50 persons or in which the travel distance exceeds 75 feet. (T-1017.2).



21. Install doors which serve rooms with occupants loads of 50 or more persons so as to awing in
the direction of egress travel. (1017.4).



22. Where two exit or exit access doors are required from a room or other space, separate the
doors by a distance equal to or greater than one quarter of the longest diagonal of the area
served. (1006.4.1)



23. Limit dead ends of corridors to not more than 20 feet. (1011.2).



24. Limit the length of a common path of travel in the Use Group B spaces to not more than 100
feet. (1011.2.1).





22












 




25. Provide unrated exit access corridor enclosures. (1011.4.).



26. Provide unrated corridor doors. (1011.4.2).



27. Provide corridors with a minimum clear width of 44 inches. (1011.3).



28. Utilize interior exit stairs designed in accordance with MSBC Section 1014.0 as the
required exits of the building. (1014.0).



29. Provide sufficient egress capacity for the occupant load of each floor of the building
separately. (1009.1, 1009.3).



At the code specified area allowance of 100 square feet per person and with an area of not more
than 147,000 square feet, the occupant load of the largest floor of the building will be 1,470
persons. There will be four 44 inch wide exits stairs and seven 48 inch wide exit stairs
provided from the upper stories of the building will each have a capacity of 220 persons. The
total capacity available from those stairs at an allowance of 0.20 inches per person will be
2,560 persons, well in excess of the project population.



30. Locate exits as required to limit tavel distances to less than 150 feet in spaces not
separated from the atrium and 250 feet in spaces separated from the atria. (404.7, T-1006.5).



31. Provide exit discharge from exit stairs directly to the outside, through rated passageways,
sprinklered lobbies or small vestibules. (1020.0).




Elevators



32. Provide all elevators having a travel of 25 feet or more with characteristics and
controls for fire emergency use in accordance with the MA Elevator Code. (MA Elevator
Code, 17.39).



33. Provide one elevator which serves all floors of the building with characteristics and
controls to permit emergency medical use in accordance with the MA Elevator Code. (MA Elevator
Code, 17.40).




Sprinkler Systems



34. Provide a complete automatic suppression system in all portions of the building in
accordance with the requiremtns of Article 9. (904.2, 404.2).




Standpipe



35. Provide fire standpipes in the building with hose connections located in accordance with
the criteria of NFPA 14. (914.4, 914.5).




Water Supply



36. Provide water supplies for the sprinkler and standpipe systems using a connection to
the municipal water supply. (NFPA 13, 14).



37. Size the supply piping of the combined sprinkler and standpipe water supply system in
accordance with the criteria of NFPA 14. (914.3).



38. Provide connections of each sprinkler system to two separate standpipe risers. (NR/Condition of
variance).




23









 








Emergency Power



39. Provide an emergency generator to provide standby power for the fire alarm system, exit
signs, emergency lights, the atria smoke control systems and the fire pump. (917.6,
1023.4,1024.4, 921.5, Condition of variance).



The provisions of standby power for the fire pump was a condition of the variance from the
requirements for the fire rating of the roof assembly.




Interior Finish



40. Utilize interior finish as follows:





	 	•	 	Class I interior finish within all exit stairs.
	 
	 	•	 	Class II or better interior finish within all exit access corridors serving only office
areas.
	 
	 	•	 	Class III or better interior finish within rooms or spaces of
assembly and office areas. (T-803.4).




41. Utilize traditional floor coverings such as wood, vinyl, linoleum, terrazzo or other
resilient floor finish material or carpeting which complies with the DOC FF-1 “pill test” (CPSC
16 CFR, Part 1630) in all spaces including exits and exit access corridors. (805.3,
Exception).





24









 








TABLE NO. 1

Summary of Atrium Requirements

Massachusetts States Building Code — Sixth Edition





	1	 	Classify any openings in the floor systems connecting two or more stories as an atrium.
(404.1).






	2	 	Provide a complete automatic suppression system in the portions of the building not
separated from the atrium by two hour fire separation partition and floor assemblies
(404.2).






	3	 	Limit the use of the floor of the atrium low hazard uses with approved materials and
decorations unless appropriately protected with automatic fire suppression system. (404.3).






	4	 	Allow exit discharge through the atrium in accordance with the rules for exit discharge
through a lobby in Section 1020.0. (404.3.1).






	5	 	Provide a smoke control system as required by Section 921.0. (404.4)






	6	 	Separate the atrium from adjacent spaces by 1-hour fire separation walls, fire rated
windows or tempered, wired or laminated glass walls constructed as required by Section
404.5 [Exception 2] except as noted in Item 7 below (404,5).






	7	 	Allow up to three levels of the building to be open to the atrium without the separation
required by Item 6. (404.5, Exception 3).




Only limited portions of the First Floor of the building will be open to the atrium. Most spaces
will be separated from the atrium spaces by glass walls protected by closely spaced sprinklers.





	8	 	Provide automatic smoke detectors within and at the perimeter of the atrium and on the
ceilings of spaces not separated from the atrium (404.6.)




The extent of coverage by smoke detectors is not explicitly stated in the code. Coverage should
be provided in the area immediately surrounding the atrium and all corridors which are open to
the atrium. The specific extent of coverage should be determined in discussions with the
authorities having jurisdiction.





	9	 	Arrange automatic smoke detectors within the atrium space to sound fire alarms upon
activation of an two or more of the detectors. (Not required).




No explicit requirement that two or more smoke detectors be required to operate before fire
alarms are sounded is found in the current edition of the code. However, that means of operation
is one reasonable approach to limiting the effect of false alarms from smoke detectors (Such a
requirement did appear in previous editions of the NBC.) Other technical approaches to limiting
the false alarm problem are available such as addressable detectors and alarm confirmation
circuits. The specific arrangement of the detection system in this facility should be determined
in discussions with the authorities having jurisdiction





	10	 	Activate the fire alarm system using signals from sprinkler system water-flow detectors
and manual pull stations. (406.6, 917.7,1).






	11	 	Utilize a voice or non-voice alarm system which complies with the detailed provisions of
Section 917.9. (404.6)




12 Limit the distance of exit access travel within the atrium on other than the lowest levels of
the building to not more than 150 feet. (404.7).





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