Senator Harkin_Historic Federal Building Lease RenewalMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Senator Harkin Office Space Lease Renewal
DATE: December 28, 2011
Dubuque
bierd
All-America City
1
2007
Economic Development Director Dave Heiar recommends City Council approval of an
amended Lease Agreement between the City of Dubuque, Iowa and the Federal
Government on behalf of Senator Harkin to extend the original lease for a nine year
period.
Senator Harkin has leased a small office in the Historic Federal Building prior to the
City's acquisition of this building from the GSA in July 2006. The proposed lease
amendment extends the lease for a nine year period, from January 1, 2012 to
December 31, 2020.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Dave Heiar, Economic Development Director
Jennifer Larson, Budget Director
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
RE: Senator Harkin Lease Renewal
DATE: December 22, 2011
Dubuque
kiltd
All-America City
hill!
2007
INTRODUCTION
This memorandum presents for City Council review and approval of an amended Lease
Agreement between the City of Dubuque, Iowa and the Federal Government on behalf of
Senator Harkin to extend the original lease for a nine year period.
Short term leases (three years or less) can be authorized by the City Manager; however, Iowa
law requires that the city hold a public hearing prior to leasing public property for longer than 3
years. Since Senator Harkin's office has requested a lease for 9 years, the City Council set a
public hearing for January 3, 2012 prior to acting on this lease.
DISCUSSION
Senator Harkin has leased a small office in the Historic Federal Building prior to the City's
acquisition of this building from the GSA in July 2006. The proposed lease amendment extends
the lease for a nine year period, from January 1, 2012 to December 31, 2020. Most of the lease
terms remain the same.
The major terms of the lease are as follows:
1. Tenant will lease room 328 which has 406 square feet; however, the lease will also
include a common area factor to reflect a portion of the common space on the third floor.
Therefore, the lease will be based on 661 rentable square feet.
2. The base lease rate is $10.57 /square feet or $6,948 annually.
3. The lease includes 2 parking spots at $1,080 per year.
4. The first year total base rate is $8,028.
5. The lease rate is fixed but the parking fees will be adjusted by the COL index.
6. The tenant can terminate the lease after December 31, 2014 with a 90 day written
notice.
7. The City is responsible for utilities.
Further details of the proposed lease are included in the attached lease, which has been
prepared to follow the format required by the federal government
RECOMMENDATION /ACTION STEP
Following the public hearing, I recommend that the City Council approve a 9 year lease with
Senator Harkin's office for space in the Historic Federal building and authorize the City Manager
to sign the lease agreement.
Attachment
F: \USERS \Econ Dev \Federal Building \Senator Harkin \20111222_Senator Harkin Lease Public Hearing Memo.doc
RESOLUTION
NO. 435-11
INTENT TO DISPOSE
OF AN INTEREST IN RE-
AL PROPERTY OWNED
BY THE CITY OF DUBU-
QUE BY LEASE BE-
TWEEN THE CITY OF
DUBUQUE, IOWA AND
THE FEDERAL GOVERN -
MENT ON BEHALF OF
SENATOR HARKIN
WHEREAS, the City of
Dubuque, Iowa (City)
owns the real property
described as the His-
toric Federal Building,
located at 350 West 6th
Street in the City of Du-
buque, Iowa; and
WHEREAS, City and
the Federal Govern-
ment have negotiated
a Lease Agreement for
space in the Historic
.Federal Building, a
copy of which Lease
Agreement is on file at
the office of the City
Clerk, City Hall, 13th
and Central Avenue,
Dubuque, Iowa; and
WHEREAS, the City
Council believes it is in
the .best interests of
the City of Dubuque to
approve the Lease
Agreement.
NOW, THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10-
WA:
Section 1. The City of
Dubuque intends. to
dispose of its interest
in the foregoing -
described real property
by Lease Agreement
between City and 'tl e
Federal Government.
Section 2. The City
Clerk is hereby author-
ized and directed to
cause this Resolution
and a notice to be pub-
lished as prescribed by
Iowa Code Section
364.7 of a public hear-
ing on the City's intent
to dispose of the
foregoing - described
real property, to be
held on the 3rd day of
January, 2012, at 6:30
o'clock p,m. at the His-
toric Federal Building,
Council Chambers, 350
W. 6th Street, Dubu-
que, Iowa.
Passed, approved and
adopted this 19th clay
of December, 2011.
Lynn Sutton,
Mayor Pro -Tem
Attest: Kevin Firnstahl,
City Clerk
1t 12/23
NOTICE OF A PUBLIC
HEARING OF THE
CITY COUNCIL OF
THE CITY-OF
DUBUQUE, IOWA, ON
THE MATTER OF THE
INTENT TO DISPOSE
OF AN INTEREST IN
REAL PROPERTY
OWNED BY THE CITY
OF DUBUQUE BY
LEASE BETWEEN THE
CITY OF DUBUQUE,
IOWA AND THE
FEDERAL
GOVERNMENT ON
BEHALF OF SENATOR
HARKIN
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 3rd day of Janu-
ary, 2012, at 6f30 p.m.
in the Historic'Federal
Building, 350 „ West
Sixth Street, Dubuque,
Iowa, at which meeting
the City Council pro-
poses to dispose of an
interest in the follow -
ing described real
property by lease
agreement
Historic Federal Build-
ing, located at 350
West 6th Street in the
City of Dubuque, Iowa
At the meeting, the
City Council will re-
ceive oral and written
• objections from any
resident or property
owner of said City to
the above action. After
all objections have
been received and con -
sidered, the City Coun-
cil may at this meeting
or at any adjournment
thereof, take additional
action for the disposi-
tion of the City's inter-
est in such real proper-
ty above or will aban-
don the proposal. By
order of the City Coun-
cil said hearing and ap-
peals there from shall
be held in accordance
with and governed by
the provisions of, the
Code of Iowa.
This notice is given by
order of the City Coun-
cil of the City -of Dubu-
que;',a, the 19th day
of December, 20,11.,
Dated this 23rd day of
December, 2011. •
Kevin S. Firnstahl
City Clerk
It 12/23
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: December 23, 2011, and for which the charge is $41.95.
STciA441(2._ 19de
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this Q96if day o ,,-,a,,,t) , 20 /7 .
Notary Public in and for Dubuque County, Iowa.
K. '/
Prepared by David J. Heiar, 50 West 13th Street, Dubuque, IA 52001 563 - 589 -4393
RESOLUTION NO. 11 -12
RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL
PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY
OF DUBUQUE, IOWA AND THE FEDERAL GOVERNMENT ON BEHALF OF
SENATOR HARKIN
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as
the Historic Federal Building, located at 350 West 6th Street in the City of Dubuque,
Iowa; and
WHEREAS, City and the Federal Government have negotiated a 9 year Lease
Agreement for space in the Historic Federal Building, a copy of which Lease Agreement is
on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa;
and
WHEREAS, the City Council believes it is in the best interests of the City of
Dubuque to approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Lease Agreement between City and the Federal Government is
hereby approved and the City Manager is authorized to execute said lease on behalf of
the City of Dubuque.
Passed, approved and adopted this 3rd day of January, 2012.
Atte- : evin S. Firnstahl, —i Clerk
Ric W. Jog', Mayor Pro -Tem
LEASE NO. GS -06P -11029
Succeeding /Superseding Lease
GSA FORM L202 (September 2011)
This Lease is made and entered into between
Lessor's Name CITY OF DUBUQUE
ECONOMIC DEVELOPMENT DEPARTMENT
( "the Lessor "), whose principal place of business is 50 West 13th Street, Dubuque, Iowa 52001 -4864, and whose interest in the Property described
herein is that of Fee Owner, and The United States of America ( "the Government "), acting by and through the designated representative of the
General Services Administration ( "GSA "), upon the terms and conditions set forth herein.
Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:
The Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at
350 W. 6th Street, Room 315, Dubuque, Iowa, 52001 -4805
and more fully described in Section 1 and Exhibit A, together with rights to the use of parking and other areas as set forth herein.
LEASE TERM
To Have and To Hold the said Premises with their appurtenances for the term beginning January 1, 2012, and continuing through December 31, 2020.
subject to termination and renewal rights as may be hereinafter set forth, to be used for such purposes as determined by GSA.
In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be
effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR: City of Dubuque
Ykc,LJ CV&
Name: M,J-i t I 4/crit 111/ I/ 1,6v)
Title` C (Jy Mu el. etc'
Date:
WITNESSED BY:
J fa�c� ei r
Name:
Title;
Date:
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1 — /-2 —/2
LEASE NO. GS -06P- 11029, PAGE 1
FOR THE GOVERNMENT:
Steven Freund
Lease Contracting Officer
Date: 2-1-4
LESSOR: , GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 4
1 01 THE PREMISES (SUCCEEDING) (SEPT 2011) 4
1.02 EXPRESS APPURTENANT RIGHTS (SEPT 2011) 4
1 03 RENT AND OTHER CONSIDERATION (SUCCEEDING) (SEPT 2011) 4
1.04 AI AN,,,z1 GCOMMin,,ISSION CR€Drrec, � 4
1.05 TERMINATION RIGHTS (SUCCEEDING) (SEP 2011) 5
1.06 RENEWAL- R4GITS (SEPT 2011) 5
1 07 DOCUMENTS INCORPORATED BY REFERENCE (SEPT 2011) . 5
1 08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (SUCCEEDING) (SEPT 2011) 5
1.09 PERCENTAGE OF OCCkUPANGI -FOR BLISHMENT OF TAX -BASE (SEPT 2011) 5
1.10 OPERATING COST BASE (SEPT 2011) 5
1.11 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEPT 2011) 5
1.12 HOURLY OVERTIME HVAC RATES (SEPT 2011) 5
1.13 24 -HOUR HVAC REQUIREMENT (APR 2011) 5
1.14 AOD1- TIONAL BUILD- NG-- IPAPROVEMENTS (SEPT 2011) 6
SECTION 2 GENERAL TERMS, CONDITIONS AND STANDARDS 7
2.01 DEFINITIONS AND GENERAL TERMS (SEPT 2011) 7
2 02 AUTHORIZED REPRESENTATIVES (SEPT 2011) 7
2 03 WAIVER OF RESTORATION (APR 2011) 8
2.04 RAY'M 8
2.05 CHANGE OF OWNERSHIP (APR 2011) 8
2.06 REAL ESTATE TAX ADJU TMENT -(SEPT 2011) 8
2.07 ADJUSTMENT FOR VACANT PREMISES (APR 2011) 8
2.08 OPERATING COSTS ADJUSTMENT (APR 2011) 8
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 10
3.01 WORK PERFORMANCE (SEPT 2011) 10
3.02 RECYCLED CONTENT PRODUCTS (COMPREHENSIVE PROCUREMENT GUIDELINES) (SEP 2000) 10
3.03 BUILDING SHELL REQUIREMENTS (APR 2011) 10
3.04 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT /ENGINEER (SUCCEEDING) (APR 2011).. 10
3.05 QUALITY AND APPEARANCE OF BUILDING (SUCCEEDING) (SEPT 2011) 10
3.06 VESTIBULES (SUCCEEDING) (APR 2011) 10
3.07 MEANS OF EGRESS (SEPT 2011) 10
3.08 AUTOMATIC FIRE SPRINKLER SYSTEM (SEPT 2011) 11
3.09 FIRE ALARM SYSTEM (SEPT 2011) 11
3.10 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2011) 11
3.11 ELEVATORS (SEPT 2011) , 11
3.12 BUILDING DIRECTORY (APR 2011) 12
3.13 FLAGPOLE (SEPT 2011) 12
3.14 DEMOLITION (SUCCEEDING) (SEPT 2011) 12
3.15 ACCESSIBILITY (FEB 2007).... 12
3.16 CEILINGS (SUCCEEDING) SEPT 2011) - 12
3.17 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SUCCEEDING) (SEPT 2011) 13
3.18 DOORS IDENTIFICATION (APR 2011) 13
3.19 WINDOWS (SUCCEEDING) (SEPT 2011) 13
3.20 PARTITIONS' GENERAL (APR 2011) 13
3.21 PARTITIONS: PERMANENT (APR 2011) 13
3.22 INSULATION' THERMAL, ACOUSTIC, AND HVAC (APR 2011) 13
3.23 WALL FINISHES (SEPT 2011) 13
3.24 PAINTING (SEPT 2011) 14
3.25 FLOORS AND FLOOR LOAD (SEPT 2011) 14
3.26 FLOOR COVERING AND PERIMETERS (SEPT 2011) 14
3.27 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011) .... 14
3.28 BUILDING SYSTEMS (APR 2011) 14
3.29 ELECTRICAL (APR 2011) 14
3.30 '4° _ _ - _r -. _ • - . 14
3.31 DRINKING FOUNTAINS (APR 2011).... 15
3.32 JANITOR CLOSETS (SUCCEEDING) (SEPT 2011) 15
3.33 HEATING VENTILATION AND AIR CONDITIONING (APR 2011) 15
3.34 HEATING AND AIR CONDITIONING (APR 2011) 15
3.35 VENTILATION (SEPT 2011) - 15
3.36 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (SUCCEEDING) (SEPT 2011) 16
3.37 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008) 16
3.38 LIGHTING: INTERIOR AND PARKING (SUCCEEDING) (SEPT 2011) 16
3.39 ACOUSTICAL REQUIREMENTS (SEP 2009) 16
3.40 INDOOR AIR QUALITY DURING CONSTRUCTION (DEC 2007) 17
3.41 SYSTEMS COMMISSIONING (SUCCEEDING) (SEPT 2011) 17
3.42 DETERRENCE TO UNAUTHORIZED ENTRY (NOV 2005) 18
LEASE NO. GS -06P- 11029, PAGE 2
f
LESSOR: ji , GOVERNMENT: GSA FORM L202 (September 2011)
3.43 ACCESS TO UTILITY AREAS (NOV 2005) 18
3.44 MECHANICAL AREAS AND BUILDING ROOFS (SEPT 2011) 18
3.45 ACCESS TO BUILDING INFORMATION (NOV 2005) 18
3.46 IDENTITY VERIFICATION OF PERSONNEL (MAY 2007) 18
3.47 SECURE HVAC: AIRBORNE HAZARDS (NOV 2005) 18
3.48 EMERGENCY POWER TO CRITICAL SYSTEMS (NOV 2005) 19
3.49 SECURE HVAC: SECURE RETURN AIR GRILLES (NOV 2005) 19
3.50 - ._ ...- - - . et- 19
3.51 . „ _.,,,, _ . . 19
3.52 SECURE HVAC: DEDICATED HVAC FOR LOBBIES, MAILROOMS, AND LOADING DOCKS (NOV 2005) 19
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES 20
4.01 __ ._ .- _.,, . . ' - - 20
4.02 AS BUILT DRAWINGS (APR 2011) 20
SECTION 5 TENANT IMPROVEMENT COMPONENTS 21
5.01 TENANT IMPROVEMENT (TI) REQUIREMENTS (SEPT 2011) 21
5.02 FINISH SELECTIONS (SUCCEEDING) (SEPT 2011) 21
5.03 DOORS: INTERIOR (SUCCEEDING) (SEPT 2011) 21
5.04 DOORS: HARDWARE (SUCCEEDING) (SEPT 2011) 21
5.05 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEPT 2011) 21
5.06 WALL FINISHES (SUCCEEDING) (SEPT 2011) 21
5.07 PAINTING (SUCCEEDING) (SEPT 2011) 21
5.08 FLOOR COVERINGS AND PERIMETERS (SUCCEEDING) (SEPT 2011) 22
5.09 HEATING AND AIR CONDITIONING (SUCCEEDING) (SEPT 2011) 23
5.10 ELECTRICAL: DISTRIBUTION (SUCCEEDING) (SEPT 2011) 23
5.11 LIGHTING: INTERIOR AND PARKING (SUCCEEDING) (SEPT 2011) 23
SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM 24
6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (SEPT 2011) 24
6.02 UTILITIES (APR 2011) 24
6.03 HEATING AND AIR CONDITIONING (SEPT 2011) 24
6.04 OVERTIME HVAC USAGE (SEPT 2011) 24
6.05 JANITORIAL SERVICES (SEPT 2011) 24
6.06 SELECTION OF CLEANING PRODUCTS (APR 2011) 25
6.07 SELECTION OF PAPER PRODUCTS (APR 2011) 25
6.08 SNOW REMOVAL (APR 2011) 25
6.09 MAINTENANCE AND TESTING OF SYSTEMS (APR 2011) 25
6.10 MAINTENANCE OF PROVIDED FINISHES (APR 2011) 25
6.11 ASBESTOS ABATEMENT (APR 2011) 26
6.12 ONSITE LESSOR MANAGEMENT (APR 2011) 26
6.13 SCHEDULE OF PERIODIC SERVICES (APR 2011) 26
6.14 LANDSCAPING (APR 2011) 26
6.15 - 26
6.16 RECYCLING (DEC 2007) 26
6.17 RANDOLPH SHEPPARD COMPLIANCE (APR 2011) 26
6.18 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (JUN 2009) 26
6.19 INDOOR AIR QUALITY (DEC 2007) 26
6.20 RADON IN AIR (SUCCEEDING) (SEPT 2011) 27
6.21 RADON IN WATER (AUG 2008) 28
6.22 HAZARDOUS MATERIALS (OCT 1996) 28
6.23 MOLD (AUG 2008) 28
6.24 OCCUPANT EMERGENCY PLANS (APR 2011) 29
6.25 FLAG DISPLAY (APR 2011) 29
SECTION 7 ADDITIONAL TERMS AND CONDITIONS 30
7.01 ADDITIONAL SERVICES 30
7.02 MODIFICATIONS FROM THE STANDARD LEASE GSA FORM L201C 30
LEASE NO. GS -06P- 11029, PAGE 3
•
LESSOR: ?,. GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (SUCCEEDING) (SEPT 2011)
Unless otherwise noted, the Government accepts the leased premises and tenant improvements in their current existing condition, with the following
exceptions further outlined more thoroughly in this lease. These exceptions include, but are not limited to, security improvements, Fire Protection and
Life Safety requirements, ABAAS compliance, as well as compliance with all local codes and ordinances. The Lessor shall be responsible for
continuing obligations for cleaning, janitorial, maintenance, repair, etc. as set forth in the lease paragraphs and attached General Clauses.
The Premises are described as follows:
Office and Related Space: 661 rentable square feet (RSF), yielding 406 ANSI /BOMA Office Area (ABOA) square feet of office and related space
based upon a Common Area Factor of 1.628 %, located on the 3rd floor and known as Room 315, of the Building, as depicted on the floor plan(s)
attached hereto as Exhibit A.
1.02 EXPRESS APPURTENANT RIGHTS (SEPT 2011)
The Government shall have the non - exclusive right to the use of Appurtenant Areas, and shall have the right to post Government Rules and
Regulations within such areas. The Government will coordinate with the Lessor to ensure signage is consistent with the Lessor's standards.
Appurtenant to the Premises and included with the Lease are rights to use the following:
A. Parking: 2 parking spaces as depicted on the plan attached hereto as Exhibit B of which 0 shall be structured inside spaces reserved for the
exclusive use of the Government, 0 shall be inside parking spaces, and 2 shall be surface parking spaces, In addition, the Lessor shall provide such
additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.
B. Antennas, Satellite Dishes, and Related Transmission Devices: Space located on the roof of the Building sufficient in size for the installation
and placement of the telecommunications equipment as such may be described herein, together with the right to access the roof and use of, all
building areas (e.g., chases, plenums) necessary for the use, operation and maintenance of such equipment at all times during the term of this Lease.
1.03 RENT AND OTHER CONSIDERATION (SUCCEEDING) (SEPT 2011)
A. The Government shall pay the Lessor annual rent, payable monthly in arrears, at the following rates:
B. If the Government occupies the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days
of occupancy for that month.
C. Rent shall be paid to the Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable
to the Payee designated in the Lessor's Central Contractor Registration.
D. The Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:
1 The leasehold interest in the Property described in "Paragraph 1.01 The Premises" created herein;
2 All costs, expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including all
costs for labor, materials, and equipment professional fees, contractor fees, attorney fees, permit fees, inspection fees, and similar
such fees. and all related expenses;
3. Performance or satisfaction of all other obligations set forth in this Lease; and
4. All services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accor-
dance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and
improvements required to be made thereto to meet the requirements of this Lease.
1.04 BROKER -COMMISSION AND -COMM
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 4 LESSOR . GOVERNMENT:
GSA FORM L202 (September 2011)
01/01/12-12/31/20
Annual Rent
Annual Rate /RSF
Shell Rent
$5,928.00
$8.97
Operating Costs
$2,100.00
$3.18
Total Annual Rent
$8,028.00
$12.15
B. If the Government occupies the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days
of occupancy for that month.
C. Rent shall be paid to the Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable
to the Payee designated in the Lessor's Central Contractor Registration.
D. The Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:
1 The leasehold interest in the Property described in "Paragraph 1.01 The Premises" created herein;
2 All costs, expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including all
costs for labor, materials, and equipment professional fees, contractor fees, attorney fees, permit fees, inspection fees, and similar
such fees. and all related expenses;
3. Performance or satisfaction of all other obligations set forth in this Lease; and
4. All services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accor-
dance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and
improvements required to be made thereto to meet the requirements of this Lease.
1.04 BROKER -COMMISSION AND -COMM
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 4 LESSOR . GOVERNMENT:
GSA FORM L202 (September 2011)
1.05 TERMINATION RIGHTS (SUCCEEDING) (SEP 2011)
The Government may terminate this Lease, in whole or in parts, at any time effective after December 31, 2014 by providing not less than 90 days' prior
written notice to the Lessor The effective date of the termination shall be the day following the expiration of the required notice period or the
termination date set forth in the notice, whichever is later No rental shall accrue after the effective date of termination.
1.06 RENEWAL-RIGHTS-(SEPT-4044)
This paragraph has been intentionally deleted.
1.07 DOCUMENTS INCORPORATED BY REFERENCE (SEPT 2011)
The following documents are incorporated by reference, as though fully set forth herein:
DOCUMENT NAME
NO. OF
PAGES
EXHIBIT
FLOOR PLAN(S)
1
A
PARKING PLAN(S)
1
B
GSA FORM 3517A GENERAL CLAUSES
3
c
GSA FORM 3518, REPRESENTATIONS AND CERTIFICATIONS
8
D
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (SUCCEEDING) (SEPT 2011)
The Government shall have the right to make lump sum payments for any or all work covered by the Tenant Improvement (TI) scope. That portion of
the rental payments attributable to amortization of the Tls shall be reduced accordingly. At any time after occupancy and during the firm term of the
Lease, the Government, at its sole discretion, may choose to pay lump sum for any part or all of the remaining principal balance of the Tls. If the
Government elects to make a lump sum payment for the Tls after occupancy, the payment by the Government will result in a decrease in the rent
according to the amortization rate over the remaining firm term of the Lease.
1.09 PERCENTAGE OF OCCUPA
This paragraph has been intentionally deleted.
1.10 OPERATING COST BASE (SEPT 2011)
F TAX BASE (SEPT 2011)
The parties agree that for the purpose of applying the clause titled "Operating Costs Adjustment" that the Lessor's base rate for operating costs shall
be $3.18 per rentable sq. ft ($2,100.00 /annum).
1.11 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEPT 2011)
In accordance with the section entitled "Adjustment for Vacant Premises" if the Government fails to occupy or vacates the entire or any portion of the
Leased Premises prior to expiration of the term of the Lease, the operating costs paid by the Government as part of the rent shall be reduced by
$3.18 per ABOA sq. ft. of space vacated by the Government.
1.12 HOURLY OVERTIME HVAC RATES (SEPT 2011)
The following rates shall apply in the application of the clause titled "Overtime HVAC Usage:"
$0.00 per hour per zone
Number of zones: 0
$ 0.00 per hour for the entire space. There is no charge for overtime HVAC.
1.13 24 -HOUR HVAC REQUIREMENT (APR 2011)
The Hourly Overtime HVAC rate specified above shall not apply to any portion of the Premises that is required to have heating and cooling 24 hours per day
If 24 -hour HVAC is required by the Government for any designated rooms or areas of the Premises, such services shall be provided by the Lessor at an
annual rate of $0.00 per ABOA sq ft. of the area receiving the 24 -hour HVAC Notwithstanding the foregoing. Lessor shall provide this service at no
additional cost to the Government if the Lessor provides this service to other tenants at no additional charge.
LEASE NO. GS -06P- 11029, PAGE 5 LESSOR:
GOVERNMENT: GSA FORM L202 (September 2011)
1.14 ADDITIONAL BU D1- 46- IMPRROVv- MENTSc (SEPT 2011)
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 6
C
LESSOR: GOVERNMENT: )K GSA FORM L202 (September 2011)
SECTION 2 GENERAL TERMS, CONDITIONS AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (SEPT 2011)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,
standards, and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect
to the Government's enjoyment of the Premises and Express Appurtenant Rights.
B. Broker. If GSA awarded this Lease using a contract real estate broker, Broker shall refer to GSA's broker.
C. Commission Credit. If GSA awarded this Lease using a Broker, and the Broker agreed to forego a percentage of its commission to which it
is entitled in connection with the award of this Lease, the amount of this credit is referred to as the Commission Credit.
D. Common Area Factor. The Common Area Factor is a conversion factor determined by the building owner and applied by the owner to the
ANSI /BOMA Office Area square feet to determine the rentable square feet for the offered space.
E. Days. All references to "day" or 'days' in this Lease shall mean calendar days, unless specified otherwise.
F. FAR/GSAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1. All
references to the GSAR shall be understood to mean the GSA supplement to the FAR, codified at 48 CFR Chapter 5.
G. Firm Term /Non -Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non -Firm Term is that
part of the Lease term following the end of the Firm Term.
H. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the lease term commences.
1. Lease Award Date. The Lease Award Date means the date that the Lease is executed by the LCO (and on which the parties' obligations
under the Lease begin).
J. The Premises. The Premises are defined as the total Office Area or other type of Space, together with all associated Common Areas,
described in Section I of this Lease, and delineated by plan in the attached Exhibit. Parking and other areas to which the Government has rights under
this Lease are not included in the Premises.
K. The Pronertv and the Building. The Property is defined as the land and buildings in which the Premises are located, including all
appurtenant areas (e.g., parking areas to which the Government is granted rights). The building(s) situated on the Property in which the Premises are
located shall be referred to herein as the Building(s)."
L. Rentable Square Feet_ Rentable space is the area for which a tenant is charged rent. It is determined by the building owner and may vary
by city or by building within the same city. The rentable space may include a share of building support/common areas such as elevator lobbies,
building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and
mechanical rooms. The rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and
vertical ducts.
M. The Space. The Space shall refer to that part of the Premises to which the Government has exclusive use, such as Office Area, or other
type of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
N. Standard for Measuring Office Area and Other Space. For the purposes of this Lease, Space shall be measured in accordance with the
standard provided by American National Standards Institute /Building Owners and Managers Association (ANSI /BOMA) for Office Area. ANSI /BOMA
Z65.1 -1996 shall be used. References to ABOA mean ANSI /BOMA Office Area.
O. Working days. Working days shall mean weekdays, excludhng Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES (SEPT 2011)
The signatories to this Lease shall have full authority to bind their respective principles with regard to all matters relating to this Lease. No other
persons shall be understood to have any authority to bind their respective principles to the extent that such authority is transferred by succession of
interest. The Government shall have the right to substitute its Lease LCO (LCO) without notice or express delegation by the prior LCO.
LEASE NO. GS -06P- 11029, PAGE 7
LESSOR: . GOVERNMENT:
GSA FORM L202 (September 2011)
2.03 WAIVER OF RESTORATION (APR 2011)
The Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the
Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the Premises during the
term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises regardless of whether such
alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following
expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in
connection therewith.
2.04 RA2iMET.T OF RROKER (JULY 2011)
This paragraph has been intentionally deleted
2.05 CHANGE OF OWNERSHIP (APR 2011)
A. If during the term of the Lease, title to the Property is transferred, the Lease is assigned, or the Lessor changes its legal name, the Lessor
and its successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred, the Lessor shall notify the Government within five
days of the transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is only changing its legal name, and the
Government's and the Lessor's respective rights and obligations remain unaffected. A sample form is found at FAR 42.1205.
C. If title to the Property is transferred, or the Lease is assigned, the Government, the original Lessor ( "Transferor "), and the new owner or
assignee ( "Transferee ") shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the
Transferee. When executed on behalf of the Government, a Novation Agreement will be made part of the Lease via Amendment.
D. In addition to all documents required by FAR 42.1204, the LCO may request additional information (e.g., copy of the deed, bill of sale,
certificate of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the
Transferor or Transferee to verify the parties' representations regarding the transfer, and to determine whether the transfer of the Lease is in the
Government's interest.
E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain
fully liable to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall
the Government be obligated to recognize the Transferee as its Lessor until (a) the payment of rent has commenced; and (b) any amounts due and
owing to the Government under the Lease have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must complete a Central Contractor
Registration ( "CCR ") (See FAR 52.232 -33) and complete and sign GSA Form 3518A, Representations and Certifications (to substitute Exhibit D).
G. If title to the Property is transferred. or the Lease is assigned, rent shall continue to accrue, subject to the Government's rights as provided
for in this Lease. However, the Government's obligation to pay rent to the Transferee shall be suspended until the Government has received all
information reasonably required by the LCO under subparagraph D, the Government has determined that recognizing the Transferee as the Lessor is
in the Government's interest (which determination will be prompt and not unreasonably withheld). and the Transferee has met all conditions specified
in subparagraph F. So long as any delays in effecting the recognition of Transferee as Lessor are not the responsibility of the Government, no interest
shall accrue on suspended rent.
2.06 REAL ESTATE AX-AB JUSTMeNT recur 2011)
This paragraph has been intentionally deleted.
2.07 ADJUSTMENT FOR VACANT PREMISES (APR 2011)
A. If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or in part prior to expiration of the
term of the Lease, the rental rate (i.e., the base for operating cost adjustments) will be reduced.
B. If no rate reduction has been established in this Lease, the rate will be reduced by that portion of the costs per ABOA (sq. ft.) of operating
expenses not required to maintain the space. Said reduction shall occur after the Government gives 30 calendar days' prior notice to the Lessor and
shall continue in effect until the Government occupies the vacant premises or the Lease expires or is terminated.
2.08 OPERATING COSTS ADJUSTMENT (APR 2011)
A. Beginning with the second year of the Lease and each year thereafter the Government shall pay annual incremental adjusted rent for
changes in costs for cleaning services, supplies, materials, maintenance, trash removal, landscaping, water, sewer charges, heating, electricity, and
certain administrative expenses attributable to occupancy.
LEASE NO. GS -06P- 11029, PAGE 8 LESSOR: ^,_� GOVERNMENT: t GSA FORM L202 (September 2011)
B. The amount of adjustment will be determined by multiplying the base rate by the annual percent of change in the Cost of Living Index. The
percent change will be computed by comparing the index figure published for the month prior to the Lease commencement date with the index figure
published for the month prior which begins each successive 12 -month period. For example, a Lease which commences in June of 2005 would use the
index published for May of 2005, and that figure would be compared with the index published for May of 2006, May of 2007, and so on, to determine
the percent change. The Cost of Living Index will be measured by the Department of Labor revised Consumer Price Index for urban wage earners
and clerical workers. U.S. city average, all items figure, (1982 to 1984 = 100) published by the Bureau of Labor Statistics. Payment will be made with
the monthly installment of fixed rent. Rental adjustments will be effective on the anniversary date of the Lease; however, payment of the adjusted
rental rate will become due on the first workday of the second month following the publication of the Cost of Living Index for the month prior to the
commencement of each 12 -month period.
C. In the event of any decreases in the Cost of Living Index occurring during the term of the occupancy under the Lease, the rental amount will
be reduced accordingly. The amount of such reductions will be determined in the same manner as increases in rent provided under this paragraph.
D. If the Government exercises an option to extend the Lease term at the same rate as that of the original term, the option price will be based
on the adjustment during the original term. Annual adjustments will continue.
LEASE NO. GS -06P- 11029, PAGE 9
LESSOR: GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 WORK PERFORMANCE (SEPT 2011)
All work in performance of this lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO. The LCO retains the right to
reject the Lessor's workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely
or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private
contracts.
3.02 RECYCLED CONTENT PRODUCTS (COMPREHENSIVE PROCUREMENT GUIDELINES) (SEP 2000)
A. The Lessor shall comply to the extent feasible with the Resource Conservation and Recovery Act (RCRA), Section 6002, 1976. The Lessor
shall use recycled content products as indicated in this RLP and as designated by the U.S. Environmental Protection Agency (EPA) in the
Comprehensive Procurement Guidelines (CPG), 40 CFR Part 247, and its accompanying Recovered Materials Advisory Notice (RMAN). The CPG
lists the designated recycled content products. EPA also provides recommended levels of recycled content for these products. The list of designated
products, EPA's recommendations, and lists of manufacturers and suppliers of the products can be found at
htt.: /www.e a. ov / /conserve /tools /c / roducts /ind- x.htm.
•
•
B. The Lessor, if unable to comply with both the CPG and RMAN lists, shall submit a Request for Waiver for each material to the LCO with the TI
pricing submittal. The request for waiver shall be based on the following criteria:
1. The cost of the recommended product is unreasonable.
2. Inadequate competition exists.
3. Items are not available within a reasonable period.
4. Items do not meet the RLP's performance standards.
3.03 BUILDING SHELL REQUIREMENTS (APR 2011)
A. The Building Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein. For pricing, fulfillment of
all requirements not specifically designated as Tenant Improvements, Building Specific Security, Operating Costs, or other rent components as
indicated shall be deemed included in the Shell Rent.
B. Base structure and building enclosure components shall be complete. All common areas accessible by the Government, such as lobbies, fire
egress corridors and stairwells, elevators, garages, and services areas, shall be complete. Restrooms shall be complete and operational. All newly
installed building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc.,
shall be furnished, installed, and coordinated with Tenant Improvements. Circulation corridors are provided as part of the base building only on multi -
tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corridor necessary to meet code is
provided as part of the shell.
3.04 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT /ENGINEER (SUCCEEDING) (APR 2011)
The Lessor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other
services furnished by the Lessor under this contract. The Lessor shall, without additional compensation, correct or revise any errors or deficiencies in
Its designs, drawings, specifications, or other services.
3.05 QUALITY AND APPEARANCE OF BUILDING (SUCCEEDING) (SEPT 2011)
During the life of the lease the building shall project a professional and aesthetically pleasing appearance including an attractive front and entrance
way. The facade, downspouts, roof trim, and window casing shall be clean and in good condition.
3.06 VESTIBULES (SUCCEEDING) (APR 2011)
A. Existing vestibules shall remain in place at public entrances and exits wherever weather conditions and heat loss are important factors for
consideration. In the event of negative air pressure conditions, provisions shall be made for equalizing air pressure.
3.07 MEANS OF EGRESS (SEPT 2011)
A. Space shall meet the applicable egress requirements in the National Fire Protection Association, Life Safety Code (NFPA 101) or the
International Code Council, International Building Code (IBC), (both current as of the award date of this lease).
LEASE NO. GS -06P- 11029, PAGE 10
LESSOR: _ GOVERNMENT: r GSA FORM L202 (September 2011)
B. The Space shall have unrestrictive access to a minimum of two remote exits on each floor of Government occupancy.
C, Interlocking or scissor stairs located on the floor(s) where space is located shall only count as one exit stair.
D. A fire escape located on the floor(s) where space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC.
3.08 AUTOMATIC FIRE SPRINKLER SYSTEM (SEPT 2011)
A. Space located below - grade, including parking garage areas, and all areas in a building referred to as "hazardous areas" (defined in Fire
Protection Association (NFPA) 101) that are located within the entire building (including non - Government areas) shall be protected by an automatic fire
sprinkler system or an equivalent level of safety.
B. For buildings in which any portion of the space is on or above the sixth floor, then, at a minimum, the building up to and including the highest
floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For buildings in which any portion of the space is on or above the sixth floor, and lease of the space will result, either individually or in
combination with other Government leases in the building, in the Government leasing 35,000 square feet or more ANSI /BOMA Office Area square feet
of space in the building, then the entire building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s) shall be installed in accordance with either NFPA 13, Standard for the Installation of Sprinkler Systems; or
the applicable local codes and ordinances adopted by the jurisdiction.
E. Automatic fire sprinkler system(s) shall be maintained in accordance with the requirements in NFPA 25, Standard for the Inspection, Testing,
and Maintenance of Water -based Fire Protection Systems (current as of the award date of this lease), or the applicable local codes and ordinances
adopted by the jurisdiction.
F. "Equivalent level of safety" means an alternative design or system (which may include automatic fire sprinkler systems), based upon fire
protection engineering analysis, which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.09 FIRE ALARM SYSTEM (SEPT 2011)
A.
higher.
A building -wide fire alarm system shall be installed in the entire building in which any portion of the space is located on the 3'" floor or
B. The fire alarm system shall be installed and maintained in accordance with NFPA 72, National Fire Alarm and Signaling Code (current as
the award of the lease), or the applicable local codes and ordinances adopted by the jurisdiction.
C. The fire alarm system shall automatically notify the local fire department, remote station, or UL listed central station.
D. If a building's fire alarm control unit is over 25 years old as of the date of award of this Lease, Lessor shall install a new fire alarm system
in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the award of the Lease) or applicable local
codes and ordinances adopted by the jurisdiction, prior to Government acceptance and occupancy of the space.
3.10 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2011)
A. The Energy Independence and Security Act (EISA) establishes the following requirements for Government leases in buildings that have not
earned the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA) within one year prior to the due date for final proposal
revisions.
B. If this Lease was awarded under one of EISA's Section 435 statutory exceptions, the Lessor shall either:
1. Earn the ENERGY STAR® Label not later than one year after the Lease Award Date; or
2_ Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR® Label not later
than one year after the Lease Award Date.
3.11 ELEVATORS (SEPT 2011)
A. The Lessor shall provide suitable passenger and, when required by the Government, freight elevator service to any Government - demised area
not having ground level access. Service shall be available during the normal hours of operation specified in the in this Lease. However, one
passenger and, when required by the Government, one freight elevator shall be available at all times for Government use. When a freight elevator is
required by the Government, it shall be accessible to the loading areas. When possible, the Government shall be given 24 -hour advance notice if the
LEASE NO. GS -06P- 11029, PAGE 11 LESSOR:
GOVERNMENT: 5 l" GSA FORM L202 (September 2011)
service Is to be interrupted for more than 1 -1/2 hours. Normal service interruption shall be scheduled outside of the Government's normal working
hours. The Lessor shall also use best efforts to minimize the frequency and duration of unscheduled interruptions.
B. Code: Elevators shall conform to the current requirements of the American Society of Mechanical Engineers ASME A17.1, Safety Code for
Elevators and Escalators (current as of the award date of this Lease). Where provided, elevator -lobby and elevator- machine -room smoke detectors
shall activate the building fire alarm system, provide Phase 1 automatic recall of the elevators, and automatically notify either the local fire department,
remote station or UL listed central station. The elevators shall be inspected and maintained in accordance with the current edition of the ASME A17.2,
Inspector's Manual for Elevators. Except for the reference to ASME A17.1 in ABAAS, Section F105.2,2, all elevators must meet ABAAS requirements
for accessibility in Sections 407, 408, and 409 of ABAAS.
C. Safety Systems: Elevators shall be equipped with telephones or other two -way emergency communication systems. The system used shall
be marked and shall reach an emergency communication location staffed 24 hours per day, 7 days per week.
D. Speed: The passenger elevators shall have a capacity to transport in 5 minutes 15 percent of the normal population of all upper floors (based
on 150 sq. ft. per person). Further, the dispatch interval between elevators during the up -peak demand period shall not exceed 35 seconds.
E. Interior Finishes: Elevator cab walls shall be hardwood, marble, granite, or an equivalent pre- approved by the LCO. Elevator cab floors shall
be marble, granite, terrazzo, or an equivalent pre- approved by the LCO.
3.12 BUILDING DIRECTORY (APR 2011)
A tamper -proof directory with lock shall be provided in the building lobby listing the Government agency. It must be acceptable to the LCO.
3.13 FLAGPOLE (SEPT 2011)
This paragraph has been intentionally deleted.
3.14 DEMOLITION (SUCCEEDING) (SEPT 2011)
The Lessor shall remove existing abandoned electric telephone and data cabling and devices as well as any other improvements or fixtures .n place
to accommodate the Government's Tls. Any demolition of existing improvements that is necessary to satisfy the Government's scope of work shall be
done at the Lessor's expense. Any demolition shall be completed in accordance with all applicable laws.
3.15 ACCESSIBILITY (FEB 2007)
The building, leased space, and areas serving the leased space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent shall apply.
3.16 CEILINGS (SUCCEEDING) SEPT 2011)
A. A complete acoustical ceiling system (which includes grid and lay -in tiles or other building standard ceiling system as approved by the
Contracting Officer) throughout the Government - demised area and all common areas accessible to Government tenants shall be required. The
acoustical ceiling system shall be furnished, installed, and coordinated with existing Tenant Improvements.
B. The following requirements pertain to repair or replacement due to maintenance or alterations performed during the life of the lease.
1 Ceilings shall be at a minimum 9 feet and 0 inches and no more than 12 feet, 0 inches measured from floor to the lowest obstruction
Areas with raised flooring shall maintain these ceiling height limitations above the finished raised flooring. Bulkheads and hanging or surface
mounted light fixtures which impede traffic ways shall be avoided. Ceilings shall be uniform in color and appearance throughout the leased
space, with no obvious damage to tiles or grid.
2. Prior to closing the ceiling, the Lessor shall coordinate with the Government for the installation of any items above the ceiling.
3. Ceilings shall be a flat plane in each room and shall be suspended and finished as follows unless an alternate equivalent s pre- approved
by the LCO
4. Restrooms. Plastered or spackled and taped gypsum board.
5 Offices and Conference Rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and regular edges or an
equivalent pre- approved by the LCO. Tiles or panels shall contain recycled content.
6. Corridors and Eaten, /� Galley Areas. Plastered or spackled and taped gypsum board or mineral acoustical tile.
LEASE NO. GS -06P- 11029, PAGE 12 LESSOR: A4 GOVERNMENT: 5 r GSA FORM L202 (September 2011)
3.17 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SUCCEEDING) (SEPT 2011)
A. Exterior building doors and doors necessary to the lobbies, common areas, and core areas shall be required.
B. Exterior doors shall be weather tight and shall open outward. Hinges, pivots, and pins shall be installed in a manner which prevents removal
when the door is closed and locked. These doors shall have a minimum clear opening of 32" clear wide x 80" high (per leaf). Doors shall be heavy
duty, flush, 1) hollow steel construction, 2) solid core wood, or 3) insulated tempered glass. As a minimum requirement, hollow steel doors shall be
fully insulated, flush, #16 -gauge hollow steel. Solid -core wood doors and hollow steel doors shall be at least 1 -3/4 inches thick Door assemblies shall
be of durable finish and shall have an aesthetically pleasing appearance acceptable to the LCO The opening dimensions and operations shall
conform to the governing building, fire safety, accessibility for the disabled, and energy codes and /or requirements. Properly rated and labeled "fire
door assemblies" shall be installed on all fire egress doors.
C. Exterior doors and all common area doors shall have door handles or door pulls with heavyweight hinges. All doors shall have
corresponding doorstops (wall or floor mounted) and silencers. All public use doors and toilet room doors shall be equipped with kick plates. All doors
shall have automatic door closers. All building exterior doors shall have locking devices installed to reasonably deter unauthorized entry.
3.18 DOORS: IDENTIFICATION (APR 2011)
All signage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor.
3.19 WINDOWS (SUCCEEDING) (SEPT 2011)
All windows shall be weather tight. Operable windows that open shall be equipped with locks. Off - street, ground -level windows and those accessible
from fire escapes, adjacent roofs, and other structures that can be opened must be fitted with a sturdy locking device. Windows accessible from fire
escapes must be readily operable from the inside of the building.
3.20 PARTITIONS: GENERAL (APR 2011)
Partitions in public areas shall be marble. granite, hardwood, or sheetrock covered with durable wall covering or high performance coating, or
equivalent pre- approved by the LCO.
3.21 PARTITIONS: PERMANENT (APR 2011)
Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor as part of shell rent
as necessary to surround the Government - demised area, stairs, corridors, elevator shafts, toilet rooms, all columns, and janitor closets. They shall
have a flame spread rating of 25 or less and a smoke development rating of 50 or less (ASTM E -84). Stairs, elevators, and other floor openings shall
be enclosed by partitions and shall have the fire resistance required by the applicable building code, fire code and ordinances adopted by the
jurisdiction in which the building is located (such as the International Building Code, etc.) current as of the award date of this Lease.
3.22 INSULATION: THERMAL, ACOUSTIC, AND HVAC (APR 2011)
A. All insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations.
B. No insulation installed with this project shall be material manufactured using chlorofluorocarbons (CFCs), nor shall CFCs be used in the
installation of the product.
C. All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
D. Insulating properties for all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society
for Testing and Materials (ASTM) C578 91.
E. All insulation shall be low emitting with not greater than .05 ppm formaldehyde emissions.
F. The maximum flame spread and smoke developed index for insulation shall meet the requirements of the applicable local codes and
ordinances (current as of the award date of this lease) adopted by the jurisdiction in which the building is located.
3.23 WALL FINISHES (SEPT 2011)
A. All restrooms within the building common areas of Government - occupied floors shall have 1) ceramic tile, recycled glass tile, or comparable
wainscot from the fin shed floor to a minimum height of 4' -6 and 2) semi gloss paint on remaining wall areas, or other finish approved by the
Government
B. All elevator areas that access the Government - demised area and hallways accessing the Government - demised area shall be covered with
wall coverings not less than 20 ounces per square yard, high performance paint, or an equivalent.
LEASE NO. GS -06P- 11029, PAGE 13
LESSOR: , . i GOVERNMENT: , GSA FORM L202 (September 2011)
3.24 PAINTING (SEPT 2011)
A. The Lessor shall bear the expense for all painting associated with the building shell. These areas shall include all common areas. Exterior
perimeter walls and interior core walls within the Government - demised area shall be spackled and prime painted with low VOC primer. If any building
shell areas are already painted prior to Tenant Improvements, then the Lessor shall repaint, at the Lessor's expense, as necessary during Tenant
Improvements.
B. The costs for cyclical painting requirements as outlined in Section 6 shall be included in the shell rent.
3.25 FLOORS AND FLOOR LOAD (SEPT 2011)
A. All adjoining floor areas shall be of a common level not varying more than 1/4 inch over a 10 -foot horizontal run in accordance with the
American Concrete Institute standards; non -slip and acceptable to the LCO.
B. Under -floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA sq. ft. plus
20 pounds per ABOA sq. ft. for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ABOA sq. ft., including
moveable partitions. Lessor may be required to provide a report by a registered structural engineer showing the floor load capacity, at no cost to the
Government. Calculations and structural drawings may also be required.
3.26 FLOOR COVERING AND PERIMETERS (SEPT 2011)
A. All building common areas shall have finished floors, as currently provided
B. The costs for cyclical carpet replacement required per the MAINTENANCE OF PROVIDED FINISHES clause herein shall be included in the
shell rent.
3.27 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
The Lessor shall provide and operate all building equipment and systems in accordance with applicable technical publications, manuals, and standard
procedures. Mains, lines, and meters for utilities shall be provided by the Lessor. Exposed ducts, piping, and conduits are not permitted in office
space.
3.28 BUILDING SYSTEMS (APR 2011)
Whenever requested, the Lessor shall furnish to GSA as part of shell rent, a report by a registered professional engineer(s) showing that the building
and its systems as designed and constructed will satisfy the requirements of this Lease.
3.29 ELECTRICAL (APR 2011)
A. The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When codes conflict, the more
stringent standard shall apply. Main service facilities shall be enclosed. The enclosure may not be used for storage or other purposes and shall have
door(s) fitted with an automatic deadlocking latch bolt with a minimum throw of 1/2 inch. Main distribution for standard office occupancy shall be
provided at the Lessor's expense. All floors shall have 120/208 V, 3- phase, 4 -wire with bond, 60 hertz electric service available. In no event shall
such power distribution (not including lighting and HVAC) for the Government - demised area fall below 7 W per ABOA sq. ft.
B. Main power distribution switchboards and distribution and lighting panel boards shall be circuit breaker type with copper buses that are
properly rated to provide the calculated fault circuits. All power distribution panel boards shall be supplied with separate equipment ground buses. All
power distribution equipment shall be required to handle the actual specified and projected loads and 10 percent spare load capacity. Distribution
panels are required to accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be equivalent to the
majority of other circuit breakers in the panel system. Fuses and circuit breakers shall be plainly marked or labeled to identify circuits or equipment
supplied through them,
C. Convenience outlets shall be installed in accordance with NFPA Standard 70, National Electrical Code, or local code, whichever is more
stringent. The Lessor shall provide duplex utility outlets in toilet rooms, corridors, and dispensing areas.
3.30 ADDITIOt4AI= ELECTRICAL CONTROLS (APR - -2011)
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 14
LESSOR: GOVERNMENT: ' GSA FORM L202 (September 2011)
3.31 DRINKING FOUNTAINS (APR 2011)
On each floor of Government - occupied space, the Lessor shall provide a minimum of one drinking fountain with chilled potable water within 200 feet of
travel from any Government - occupied area on the floor. The fountains shall comply with Section F211 of the Architectural Barriers Act Accessibility
Standard.
TOILET ROOMS (succeeding) (APR 2011)
A. Separate toilet facilities for men and women shall be provided in accordance with local code or ordinances, on each floor occupied by the
Government in the building. The facilities shall be located so that employees will not be required to travel more than 200 feet, on one floor to
reach the toilets, Each toilet room shall have sufficient water closets enclosed with modern stall partitions and doors, urinals (in men's
room), and hot (set in accordance with applicable building codes) and cold water. Water closets and urinals shall not be visible when the
exterior door is open.
B. Each main toilet room shall contain the following:
1. A mirror and shelf above the lavatory.
2. A toilet paper dispenser in each water closet stall that will hold at least two rolls and allow easy, unrestricted dispensing.
3. A coat hook on the inside face of the door to each water closet stall and on several wall locations by the lavatories.
4. At least one modern paper towel dispenser, soap dispenser, and waste receptacle for every two lavatories.
5. A coin - operated sanitary napkin dispenser in women's toilet rooms with a waste receptacle in each water closet stall,
6. A disposable toilet seat cover dispenser.
7. A counter area of at least 2 feet, 0 inches in length, exclusive of the lavatories (however, it may be attached to the lavatories) with a mirror
above and a ground -fault interrupter -type convenience outlet located adjacent to the counter area. The counter should be installed to
minimize pooling or spilling of water at the front edge.
8. A floor drain.
C. For new installations:
1. Water closets shall not use more than 1.6 gallons per flush.
2. Urinals shall not use more than 1.0 gallons per flush. Waterless urinals are acceptable.
3. Faucets shall not use more than 2.5 gallons per minute at a flowing water pressure of 80 pounds per square inch.
4. Toilet partitions shall be made from recovered materials as listed in EPA's CPG,
3.32 JANITOR CLOSETS (SUCCEEDING) (SEPT 2011)
A. Existing janitor closets shall meet all local codes and ordinances.
B. When not addressed by local code, provide containment drains plumbed for appropriate disposal of liquid wastes in spaces where water and
chemical concentrate mixing occurs for maintenance purposes. Disposal is not permitted in restrooms.
3.33 HEATING VENTILATION AND AIR CONDITIONING (APR 2011)
Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines, VAV boxes, dampers, flex ducts, and
diffusers, for an open office layout, including all building common areas. The Lessor shall provide conditioned air through medium pressure duct work
at a rate of .75 cubic feet per minute per ABOA sq. ft. and systems shall be designed with sufficient systems capacity to meet all requirements in this
Lease.
3.34 HEATING AND AIR CONDITIONING (APR 2011)
A. Areas having excessive heat gain or heat loss, or affected by solar radiation at different times of the day, shall be independently controlled.
B. Equipment Performance. Temperature control for office spaces shall be provided by concealed central heating and air conditioning
equipment. The equipment shall maintain space temperature control over a range of internal load fluctuations of plus 0.5 W /sq. ft. to minus 1.5 W /sq.
ft. from initial design requirements of the tenant.
C. Ductwork Re -use and Cleaning. Any ductwork to be reused and /or to remain in place shall be cleaned, tested, and demonstrated to be clean
in accordance with the standards set forth by NADCA. The cleaning, testing, and demonstration shall occur immediately prior to Government
occupancy to avoid contamination from construction dust and other airborne particulates.
3.35 VENTILATION (SEPT 2011)
A. Air filtration shall be provided and maintained with filters having a minimum efficiency rating as determined by ANSI /ASHRAE Standard 52.2,
Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by Particle Size. Pre - filters shall have a MERV efficiency of 8.
Final filters shall have a MERV efficiency of 13.
B. During working hours in periods of heating and cooling, ventilation shall be provided in accordance with the latest edition of ANSI /ASHRAE
Standard 62.1, Ventilation for Acceptable Indoor Air Quality.
LEASE NO. GS -06P- 11029, PAGE 15
LESSOR: t 1_ GOVERNMENT: 5f GSA FORM L202 (September 2011)
C. Toilet rooms shall be properly exhausted, with a minimum of 10 air changes per hour.
D. Where the Lessor proposes that the Government shall pay utilities, the following shall apply:
1. An automatic air or water economizer cycle shall be provided to all air handling equipment, and
2. The building shall have a fully functional building automation system capable of control, regulation, and monitoring of all environmental
conditioning equipment. The building automation system shall be fully supported by a service and maintenance contract.
3.36 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (SUCCEEDING) (SEPT 2011)
Telecommunications switch rooms, wire closets, and related spaces shall meet applicable NFPA standards. Bonding and grounding shall be in
accordance with NFPA Standard 70, National Electrical Code, and other applicable NFPA standards and /or local code requirements.
3.37 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008)
A. The Government reserves the right to contract its own telecommunications (voice, data, video, Internet or other emerging technologies)
service in the space to be leased. The Government may contract with one or more parties to have INS wiring (or other transmission medium) and
telecommunications equipment installed.
B. The Lessor shall allow the Government's designated telecommunications provider's access to utilize existing building wiring to connect its
services to the Government's space. If the existing building wiring is insufficient to handle the transmission requirements of the Government's
designated telecommunications providers, the Lessor shall provide access from the point of entry into the building to the Government's floor space,
subject to any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennae (high frequency,
mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or building envelope as
required. Access from the antennae to the leased space shall be provided.
D. The Lessor shall allow the Government's designated telecommunications providers to affix antennae and transmission devices throughout its
leased space and in appropriate common areas frequented by the Government's employees so as to allow the use of wireless telephones and
communications devices necessary to conduct business.
3.38 LIGHTING: INTERIOR AND PARKING (SUCCEEDING) (SEPT 2011)
All of the requirements below shall be met throughout the full term of the lease
A. Parabolic type 2' -0" wide x 4' -0" long fluorescent lighting fixtures (or other building standard fixtures approved by the GSA LCO shall be
installed in the ceiling grid.
B. Exterior parking areas, vehicle driveways, pedestrian walkways, and building perimeter shall have 5 foot - candles for doorway areas, 3 foot -
candles for transition areas (including stairwells), and at least 1 foot - candle overlapping throughout the lot, except where local codes conflict.
Illumination shall be designed based on Illuminating Engineering Society of North America (IESNA) standards. Indoor parking shall have a minimum
of 10 foot - candles and shall be designed based on IESNA standards. The intent is to provide adequate lighting at entrances /exits, garages, parking
lots or other adjacent areas to the building to discourage crimes against persons.
C. Exterior building lighting must have emergency power backup to provide for safe evacuation of the building in case of natural disaster, power
outage, or criminal /terrorist activity.
D. The Lessor shall provide occupancy sensors and /or scheduling controls through the building automation system to reduce the hours that the
lights are on when the space is unoccupied. The Lessor shall provide daylight dimming controls in atriums or within 15 feet of windows where daylight
can contribute to energy savings.
3.39 ACOUSTICAL REQUIREMENTS (SEP 2009)
A. Reverberation Control. Private office and conference rooms using suspended acoustical ceilings shall have a noise reduction coefficient
(NRC) of not less than 0.65 in accordance with ASTM C -423. Open office using suspended acoustical ceilings shall have an NRC of not less than
0.75. Private offices, conference rooms, and open offices using acoustical cloud or acoustical wall panels with a minimum of 70% coverage shall have
an NRC of not less than 0.85.
B. Ambient Noise Control. Ambient noise from mechanical equipment shall not exceed noise criteria curve (NC) 35 in accordance with the
ASHRAE Handbook of Fundamentals in offices and conference rooms; NC 40 in corridors, cafeterias, lobbies, and toilets; NC 50 in other spaces.
C. Noise Isolation. Rooms separated from adjacent spaces by ceiling high partitions (not including doors) shall not be less than the following
noise isolation class (NIC) standards when tested in accordance with ASTM E -336:
LEASE NO. GS -06P- 11029, PAGE 16
LESSOR: i`\ i' GOVERNMENT: ;' GSA FORM L202 (September 2011)
Conference rooms: NIC 40
Offices: NIC 35
D. Testing. The LCO may require, at no cost to the Government, test reports by a qualified acoustical consultant showing that acoustical
requirements have been met.
3.40 INDOOR AIR QUALITY DURING CONSTRUCTION (DEC 2007)
A. The Lessor shall provide to the Government material safety data sheets (MSDS) or other appropriate documents upon request, but prior to
installation or use for the following products, including but not limited to, adhesives caulking, sealants, insulating materials, fireproofing or fire stopping
materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finishes for wood surfaces, janitorial cleaning products, and
pest control products
B. The LCO may eliminate from consideration products with significant quantities of toxic, flammable, corrosive, or carcinogenic material and
products with potential for harmful chemical emissions. Materials used often or in large quantities will receive the greatest amount of review.
C_ All MSDS shall comply with Occupational Safety and Health Administration (OSHA) requirements. The Lessor and its agents shall comply
with all recommended measures in the MSDS to protect the health and safety of personnel.
D_ To the greatest extent possible, the Lessor shall sequence the installation of finish materials so that materials that are high emitters of
volatile organic compounds (VOC) are installed and allowed to cure before installing interior finish materials, especially soft materials that are woven,
fibrous, or porous in nature, that may adsorb contaminants and release them over time.
E. Where demolition or construction work occurs adjacent to occupied space, the Lessor shall erect appropriate barriers (noise, dust, odor,
etc.) and take necessary steps to minimize interference with the occupants. This includes maintaining acceptable temperature, humidity, and
ventilation in the occupied areas during window removal, window replacement, or similar types of work.
F. HVAC during Construction: If air handlers are used during construction, the Lessor shall provide filtration media with a Minimum Efficiency
Reporting Value (MERV) of eight (8) at each return air grill, as determined by ASHRAE (American Society of Heating, Refrigeration and Air -
Conditioning Engineers) (52.2 -1999, HVAC Use During Construction). The permanent HVAC system may be used to move both supply and return air
during the construction process only if the following conditions are met:
1. A complete air filtration system with 60 percent efficiency filters is installed and properly maintained;
2. No permanent diffusers are used;
3. No plenum type return air system is employed;
4. The HVAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants; and
5. Following the building "flush out," all duct systems are vacuumed with portable high - efficiency particulate arrestance (HEPA) vacuums and
documented clean in accordance with National Air Duct Cleaners Association (NADCA) specifications.
G. Flush -Out Procedure:
1. A final flush -out period of 72 hours minimum is required after installation of all interior finishes_ The Lessor shall ventilate 24 hours a day,
with new filtration media at 100% outdoor air (or maximum outdoor air while achieving a relative humidity not greater than 60 %).
2. After the 3 -day period the space may be occupied; however, the flush -out must continue for 30 days using the maximum percentage of
outdoor air consistent with achieving thermal comfort and humidity control.
3. Any deviation from this ventilation plan must be approved by the LCO.
4. The Lessor is required to provide regularly occupied areas of the tenant space with new air filtration media before occupancy that provides a
Minimum Efficiency Reporting Value (MERV) of 13 or better.
5. During construction, meet or exceed the recommended design approaches of the Sheet Metal and Air Conditioning National Contractors
Association (SMACNA) IAQ Guideline for Occupied Buildings Under Construction, 1995, Chapter 3.
6. Protect stored onsite and installed absorptive materials from moisture damage.
3.41 SYSTEMS COMMISSIONING (SUCCEEDING) (SEPT 2011)
The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
Government's project requirements. The commissioning shall cover only work associated with alterations or at a minimum: heating, ventilating, air
conditioning and refrigeration (HVAC &R) systems and associated controls. lighting controls, and domestic hot water systems.
LEASE NO. GS -06P- 11029, PAGE 17 LESSOR:
GOVERNMENT: GSA FORM L202 (September 2011)
3.42 DETERRENCE TO UNAUTHORIZED ENTRY (NOV 2005)
The Lessor shall provide a level of security that reasonably prevents unauthorized entry to the space during non -duty hours and deters loitering or
disruptive acts in and around the space leased. The Lessor shall ensure that security cameras and lighting are not obstructed.
3.43 ACCESS TO UTILITY AREAS (NOV 2005)
Utility areas shall be secure, and only authorized personnel shall have access.
3A4 MECHANICAL AREAS AND BUILDING ROOFS (SEPT 2011)
A. Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas. Additional controls for access to keys,
keycards, and key codes shall be strictly maintained. The Lessor shall develop and maintain accurate HVAC diagrams and HVAC system labeling
within mechanical areas.
B. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access from adjacent roofs based on a
Government Building Security Assessment. Roof access shall be strictly controlled through keyed locks, keycards, or similar measures. Fire and life
safety egress shall be carefully reviewed when restricting roof access. Roof access shall meet the applicable egress requirements in the National Fire
Protection Association (NFPA) 101, Life Safety Code or the International Building Code, current as of the award date of this Lease.
3.45 ACCESS TO BUILDING INFORMATION (NOV 2005)
Building Information— including mechanical, electrical, vertical transport, fire and life safety, security system plans and schematics, computer
automation systems, and emergency operations procedures —shall be strictly controlled. Such information shall be released to authorized personnel
only, approved by the Government, preferably by the development of an access list and controlled copy numbering. The LCO may direct that the
names and locations of Government tenants not be disclosed in any publicly accessed document or record. If that is the case, the Government may
request that such information not be posted in the building directory.
3.46 IDENTITY VERIFICATION OF PERSONNEL (MAY 2007)
A. The Government reserves the right to verify identities of personnel with routine access to Government space. The Lessor shall comply with
the agency personal identity verification procedures below that implement HOMELAND SECURITY PRESIDENTIAL DIRECTIVE -12 (HSPD -12),
Office of Management and Budget (OMB) guidance M -05 -24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as
amended.
B. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled
facility or access to a federal information system.
C. Lessor compliance with subparagraphs 1 through 4 below will suffice to meet the Lessor's requirements under HSPD -12, OMB M- 05 -24,
and FIPS PUB Number 201.
1. The Government reserves the right to conduct background checks on Lessor personnel and contractors with routine access to Government
leased space.
2. Upon request, the Lessor shall submit completed fingerprint charts and background investigation forms for each employee of the Lessor, as
well as employees of the Lessor's contractors or subcontractors, who will provide building operating services requiring routine access to the
Government's leased space for a period greater than 6 months. The Government may also require this information for the Lessor's employees,
contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government's space.
3. The Lessor must provide Form FD -258, Fingerprint Chart (available from the Government Printing Office at http: / /bookstore.gpo.gov), and
Standard Form 85P, Questionnaire for Public Trust Positions, completed by each person and returned to the LCO (or the LCO's designated
representative) within 30 days from receipt of the forms. Based on the information furnished, the Government will conduct background
investigations of the employees. The LCO will advise the Lessor in writing if an employee fails the investigation, and, effective immediately, the
employee will no longer be allowed to work or be assigned to work in the Government's space.
4. Throughout the life of the lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be
assigned to the Government's space. In the event the Lessor's contractor or subcontractor is subsequently replaced, the new contractor or
subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the
former contractor or subcontractor. The Lessor shall resubmit Form FD -258 and Standard Form 85P for every employee covered by this
paragraph on a 5 -year basis.
3.47 SECURE HVAC: AIRBORNE HAZARDS (NOV 2005)
Air - handling units shall be able to be shut down in response to a threat. Procedures shall be in place for notification of the Lessor's building engineer
or manager, building security guard desk, local emergency personnel, GSA personnel, and LCO for possible shut -down of the air handling units
serving the mailroom and /or any other possibly affected areas of the building to minimize contamination, as deemed appropriate to the hazard.
LEASE NO. GS -06P- 11029, PAGE 18
LESSOR: ('� GOVERNMENT: 9 GSA FORM L202 (September 2011)
3.48 EMERGENCY POWER TO CRITICAL SYSTEMS (NOV 2005)
Emergency power backup is required for all alarm systems, CCTV monitoring devices, fire detection systems, entry control devices, lighting, etc., and
special equipment, as identified elsewhere in the Lease. Costs for emergency power to critical systems that are Building - Specific Security
requirements should be allocated to that cost component.
3.49
This paragraph has been intentionally deleted.
3.50
This paragraph has been intentionally deleted.
3.51
This paragraph has been intentionally deleted.
3.52
This paragraph has been intentionally deleted.
•1_
LEASE NO. GS -06P- 11029, PAGE 19 LESSOR: 1 ' GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHE €OR- COMPLE -TlON OF SPACE—SUCCEEDING-(SEPT 2011)
This paragraph has been intentionally deleted.
4.02 AS- BUILT DRAWINGS - (APR -20 )
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 20 LESSOR: T� GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT (TI) REQUIREMENTS (SEPT 2011)
The Tls shall be designed, constructed, and maintained in accordance with the standards set forth herein. For pricing, fulfillment of all requirements
designated as Tls within this section as well as the attached Agency Specific Requirements and Additional Security Requirements shall be deemed to
be TI costs.
5.02 FINISH SELECTIONS (SUCCEEDING) (SEPT 2011)
A. The Lessor must consult with the Government prior to developing a minimum of three (3) finish options to include coordinated samples of
finishes for all interior elements such as paint, wall coverings, base coving, carpet, window treatments, laminates, and flooring. All samples provided
must comply with specifications set forth elsewhere in this Lease, All required finish option sample boards must be provided at no additional cost to
the Government within 10 working days after lease award. GSA must deliver necessary finish selections to the Lessor within 10 working days after
receipt of samples. The finish options must be approved by GSA prior to installation. The Lessor may not make any substitutions after the finish
option is selected.
5.03 DOORS: INTERIOR (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
Doors within the Government - demised area shall be provided as part of the Tls and shall have a minimum clear opening of 32" wide x 80" high. Doors
shall be flush, solid core, wood with a natural wood veneer face or an equivalent door pre- approved by the LCO. Hollow core wood doors are not
acceptable. They shall be operable with a single effort, and shall meet the requirements of NFPA 101, Life Safety Code or the International Building
Code (current as of the award date of this Lease). Doors shall be installed in a metal frame assembly which is primed and finished with a low VOC
semi -gloss oil -based paint with no formaldehyde.
5.04 DOORS: HARDWARE (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
Doors shall have door handles or door pulls with heavyweight hinges. The Lessor is encouraged to avoid the use of chrome - plated hardware. All
doors shall have corresponding doorstops (wall- or floor- mounted) and silencers. All door entrances leading into the Government - demised area from
public corridors and exterior doors shall have automatic door closers. Doors designated by the Government shall be equipped with 5 -pin, tumbler
cylinder locks and strike plates. All locks shall be master keyed. Furnish at least two master keys for each lock to the Government. Any exterior
entrance shall have a high security lock, with appropriate key control procedures, as determined by Government specifications. Hinge pins and hasps
shall be secured against unauthorized removal by using spot welds or pinned mounting bolts. The exterior side of the door shall have a lock guard or
astragal to prevent tampering of the latch hardware. Doors used for egress only shall not have any operable exterior hardware. All security - locking
arrangements on doors used for egress shall comply with requirements of NFPA101or the International Building Code current as of the award date of
this Lease.
5.05 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances shall be provided as part of the
TIA. Partitioning shall extend from the finished floor to the finished ceiling and shall be designed to provide a minimum sound transmission class
(STC) of 37. They shall have a flame spread rating of 25 or less and a smoke development rating of 50 or less (ASTM E -84).
B. HVAC shall be rebalanced and lighting repositioned, as appropriate, after installation of partitions.
C. If installed in accordance with the "Automatic Fire Sprinkler System" and "Fire Alarm System" paragraphs, sprinklers and fire alarm notification
appliances shall be repositioned as appropriate after installation of partitions to maintain the level of fire protection and life safety.
5.06 WALL FINISHES (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
The minimum standard is vinyl -free, chlorine -free, plasticizer -free wall covering with recycled content or bio -based commercial wall covering weighing
not less than 13 ounces per square yard or equivalent. In the event the Government chooses to install a high - performance paint coating, it shall
comply with the VOC (Volatile Organic Compound) limits of the Green Seal Standard GS -11.
5.07 PAINTING (SUCCEEDING) (SEPT 2011)
LEASE NO. GS -06P- 11029, PAGE 21
LESSOR: GOVERNMENT: GSA FORM L202 (September 2011)
A, The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for Volatile Organic Compound
(VOC) off gassing:
1. Topcoat paints: Green Seal Standard GS -11, Paints, First Edition, May 20, 1993.
2. All other architectural coatings, primers, and undercoats: South Coast Air Quality Management District (SCAQMD) Rule 1113,
Architectural Coatings, effective January 1, 2004.
3. Architectural paints, coatings, and primers applied to interior walls and ceilings;
a. Flats: 50 grams per litre (g /L).
b. Non - flats: 150 g /L.
4. Anticorrosive and antirust paints applied to interior ferrous metal substrates: 250 g /L.
5. Clear wood finishes:
a. Varnish: 350 g /L.
b. Lacquer: 550 g /L.
6. Floor coatings: 100 g/L
7. Sealers;
a. Waterproofing sealers: 250 g /L.
b. Sanding sealers: 275 g /L.
c. All other sealers: 200 g /L.
8. Shellacs:
a. Clear: 730 g /L.
b. Pigmented: 550 g /L.
9. Stains: 250 g /L.
B. Use reprocessed latex paint in accordance with EPA's CPG (Comprehensive Procurement Guidelines) on all painted surfaces where feasible
The type of paint shall be acceptable to the LCO.
5.08 FLOOR COVERINGS AND PERIMETERS (SUCCEEDING) (SEPT 2011)
SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED
1. Product Sustainability and Environmental Reguirements. In order to achieve superior performance in multiple environmental
attribute areas, carpet must have third party certification in accordance with ANSI /NSF 140 2007e Sustainable Carpet Assessment Standard at a
"Gold" level minimum. Carpet manufacturer must supply certificate as part of the procurement documentation.
2. Recycle Content: Recycled content is measured by total product weight of pre- consumer and /or post- consumer materials.
3. Low Emitting Materials. The carpet and floor adhesive (for glue -down installations) must meet the Green Label Plus (GLP) and floor
adhesive (for direct clue down) requirements of the Carpet and Rug Institute (CRI). GLP number must be provided. Carpet and all installation
components including adhesives, sealers, seam welds, and seam sealers must meet the Low Emitting Materials standards as outlined in U.S. Green
Building Council LEED criteria. Adhesives must meet VOC content standards per South Coast Air Quality Management District Rule #1168.
4. Face Fiber Content. Face yarn must be 100% nylon fiber. Loop Pile shall be 100% Bulk Continuous Filament (BCF); cut and loop
shall be 100% BCF for the loop portion and may be BCF or staple for the cut portion; cut pile carpet shall be staple or BCF.
5. Performance Requirements for Broadloom and Modular Tile.
Static; Less than or equal to 3.5 kV when tested by AATCC Test Method-134 (Step Test Option) by
Flammability: Meets CPSC- FF -1 -70, DOC- FF -1 -70 Methenamine Tablet Test criteria
Flooring Radiant Panel Test: Meets NFPA Class I or II depending upon occupancy and fire code when tested under ASTM E -648 for glue down
installation.
Smoke Density; NBS Smoke Chamber- Less than 450 Flaming Mode when tested under ASTM E -662
NOTE: Testing must be performed in a NVLAP accredited laboratory.
6. Texture Appearance Retention Rating (TARR). Carpet must meet TARR ratings specified below:
Space Definition
Traffic
Classification
TARR
Classification
Private Offices
Moderate
? 3.0 TARR
Training, conference, courtrooms, etc
Heavy
>_ 3.0 TARR
Open Office, cafeteria, corridors, lobbies
Severe
? 3.5 TARR
The carpet should be evaluated using ASTM D -5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR classification
determined using ASTM D -7330.
7. Carpet Reclamation. Reclamation of existing carpet to be determined with potential vendor. When carpet is replaced, submit
certification documentation from the reclamation facility to the Procurement Officer.
8. Warranty. Submit a copy of the manufacturer's standard warranty to the Procurement Officer within the first 60 days of Government
occupancy. Government is to be a beneficiary of the terms of this warranty.
LEASE NO. GS -06P- 11029, PAGE 22
LESSOR: GOVERNMENT: ) g GSA FORM L202 (September 2011)
5.09 HEATING AND AIR CONDITIONING (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
Zone Control. Provide individual thermostat control for office space with control areas not to exceed 1,500 ANSI /BOMA office area sq. ft. Interior
spaces must be separately zoned. Specialty occupancies (conference rooms, kitchens, etc.) must have active controls capable of sensing space use
and modulating HVAC system in response to space demand. Areas that routinely have extended hours of operation shall be environmentally
controlled through dedicated heating and air conditioning equipment. Special purpose areas (such as photocopy centers, large conference rooms,
computer rooms, etc.) with an internal cooling load in excess of 5 tons shall be independently controlled. Provide concealed package air conditioning
equipment to meet localized spot cooling of tenant special equipment. Portable space heaters are prohibited.
5.10 ELECTRICAL: DISTRIBUTION (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
A. All electrical, telephone, and data outlets within the Government - demised area shall be installed by the Lessor in accordance with the design
intent drawings. All electrical outlets shall be installed in accordance with NFPA Standard 70.
B. All tenant outlets shall be marked and coded for ease of wire tracing; outlets shall be circuited separately from lighting. All floor outlets shall
be flush with the plane of the finished floor. Outlet cover colors shall be coordinated with partition finish selections.
C. The Lessor shall in all cases safely conceal outlets and associated wiring (for electricity, voice, and data) to the workstation(s) shall be safely
concealed in partitions, ceiling plenums, in recessed floor ducts, under raised flooring, or by use of a method acceptable to the Government.
5.11 LIGHTING: INTERIOR AND PARKING (SUCCEEDING) (SEPT 2011)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the lease:
The Lessor shall provide interior lighting yielding a uniform 50 foot - candles at working surface height (30" above the floor). The light fixtures shall meet
the requirements as stated in the Construction Standards and Shell Components Section of the Lease.
There may be additional security requirements for lighting in exterior parking areas, vehicle driveways, pedestrian walkways, and building perimeter.
LEASE NO. GS -06P- 11029, PAGE 23 LESSOR: t . ".' GOVERNMENT: ? GSA FORM L202 (September 2011)
SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (SEPT 2011)
The Government's normal hours of operations are established as 7 AM to 5 PM, Monday through Friday, with the exception of Federal holidays.
Services, maintenance, and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant
Areas at all times without additional payment, including the use, during other than normal hours, of necessary services and utilities such as elevators,
toilets, lights, and electric power. Cleaning shall be performed during normal hours.
6.02 UTILITIES (APR 2011)
The Lessor is responsible for providing all utilities necessary for base building and tenant operations as part of the rental consideration.
6.03 HEATING AND AIR CONDITIONING (SEPT 2011)
A. In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to
maximize tenant satisfaction. These temperatures shall be maintained throughout the leased premises and service areas, regardless of outside
temperatures, during the hours of operation specified in the lease. The Lessor shall perform any necessary systems start-up required to meet the
commercially equivalent temperature levels prior to the first hour of each day's operation. At all times, humidity shall be maintained below 60% relative
humidity.
B. During non working hours, heating temperatures shall be set no higher than 55° Fahrenheit, and air conditioning shall not be provided
except as necessary to return space temperatures to a suitable level for the beginning of working hours. Thermostats shall be secured from manual
operation by key or locked cage. A key shall be provided to the Government's designated representative.
C. Thermal Comfort. During all working hours, comply with ASHRAE Standard 55 -2004, Thermal Comfort Conditions for Human Occupancy.
D_ Warehouse or Garage areas require heating and ventilation only. Cooling of this space is not required. Temperature of Warehouse or
Garage areas shall be maintained at a minimum of 50° Fahrenheit.
E. The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and shall make a
reasonable attempt to schedule major construction outside of office hours.
F. Normal HVAC systems' maintenance shall not disrupt tenant operations.
6.04 OVERTIME HVAC USAGE (SEPT 2011)
A. If there is to be a charge for heating or cooling outside of the building's normal hours, such services shall be provided at the hourly rates set
forth in "The Premises, Rent, and Other Terms" Section of the Lease. Overtime usage services may be ordered by the Government's Authorized
Representative only.
B When the cost of service is $3,000 or less, the service may be ordered orally. An invoice shall be submitted to the official placing the order
for certification and payment. Orders for services costing more than $3 000 shall be placed using GSA Form 300, Order for Supplies or Services, or
other approved service requisition procurement document. An invoice conforming to the requirements of this Lease shall be submitted to the official
placing the order for certification and payment.
C. Failure to submit a proper invoice within 120 days of providing overtime utilities shall constitute a waiver of the Lessor's right to receive any
payment for such overtime utilities pursuant to this Lease.
6.05 JANITORIAL SERVICES (SEPT 2011)
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access in a clean condition and shall
provide supplies and equipment for the term of the Lease. The Lessor shall be entitled to assume that the following frequencies of cleaning tasks shall
be sufficient. If the Lessor elects to perform any cleaning tasks less frequently, and the level of cleanliness does not meet the Government s approval,
the Government may direct the Lessor to increase the frequency to follow the frequencies below at no additional cost to the Government
A. Daily. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Spot sweep floors, and spot vacuum carpets. Clean all toilet
fixtures, and replenish toilet supplies. Dispose of all trash and garbage generated in or about the building. Dust horizontal surfaces that are readily
available and visibly require dusting. Remove carpet stains. Clean glass entry doors to the Government - demised area.
B. Three Times a Week. Sweep or vacuum stairs.
C. Weekly. Sweep sidewalks, parking areas, and driveways (weather permitting).
LEASE NO. GS -06P- 11029, PAGE 24
LESSOR: 1.'7. ' GOVERNMENT: 5F
GSA FORM L202 (September 2011)
D. Monthly. Thoroughly dust furniture. Completely sweep and /or vacuum carpets. Sweep storage space. Spot clean all wall surfaces within
70 inches of the floor. Damp -wipe and dry high surfaces such as transoms, clock glass, picture frames and glass, smudged areas surrounding grilles
and diffusers, etc.
E. Every Two Months. Damp wipe toilet wastepaper receptacles, stall partitions, doors, window sills, and frames.
F. Three Times a Year. Dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces.
G. Twice a Year. Wash all interior and exterior windows and other glass surfaces.
H. Annually. Wash all venetian blinds, and dust 6 months from washing. Vacuum or dust all surfaces in the building more than 70 inches from
the floor, including light fixtures. Shampoo carpet. Clean balconies, ledges, courts, areaways, and flat roofs.
Every Two Years. Shampoo carpets in all offices and other non - public areas.
J. As Required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs. tubes, ballasts, and
starters
K Pest Control. Control pests as appropriate, using Integrated Pest Management techniques, as specified in the GSA Environmental
Management Integrated Pest Management Technique Guide (E402- 1001).
6.06 SELECTION OF CLEANING PRODUCTS (APR 2011)
The Lessor shall make careful selection of janitorial cleaning products and equipment to
A. Use products that are packaged ecologically;
B. Use products and equipment considered environmentally beneficial and /or recycled products that are phosphate free, non - corrosive,
non - flammable, and fully biodegradable; and,
C. Minimize the use of harsh chemicals and the release of irritating fumes.
NOTE: Examples of acceptable products may be found at www.gsa.gov /p2products.
6.07 SELECTION OF PAPER PRODUCTS (APR 2011)
The Lessor shall select paper and paper products (e.g., bathroom tissue and paper towels) with recycled content conforming to EPA's CPG.
6.08 SNOW REMOVAL (APR 2011)
Lessor shall provide snow removal services for the Government on all days for which this Lease has designated Tenant Hours of Operation. Lessor
shall clear parking lots if the accumulation of snow exceeds two inches. Lessor shall clear sidewalks, walkways and other entrances before
accumulation exceeds 1.5 inches. The snow removal shall take place no later than 5:00 AM, without exception. Should accumulation continue
throughout the day, the Lessor shall provide such additional snow removal services to prevent accumulation greater than the maximums specified in
this paragraph. In addition to snow removal, the Lessor shall keep walkways, sidewalks and parking lots free of ice during the normal hours. The
Lessor shall remove excess buildup of sand and /or ice melt to minimize slipping hazards. If the building entrance(s) has a northern exposure, then
Lessor shall take additional measures to protect the safety of pedestrians.
6.09 MAINTENANCE AND TESTING OF SYSTEMS (APR 2011)
A. The Lessor is responsible for the total maintenance and repair of the leased premises. Such maintenance and repairs include the site and
private access roads. All equipment and systems shall be maintained to provide reliable, energy efficient service without unusual interruption,
disturbing noises, exposure to fire or safety hazards uncomfortable drafts, excessive air velocities, or unusual emissions of dirt. The Lessor's
maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary for such maintenance.
Maintenance, testing, and inspection of appropriate equipment and systems shall be done in accordance with current applicable codes and inspection
certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Government's designated representative.
B. Without any additional charge, the Government reserves the right to require documentation of proper operations or testing inspection,
testing, and maintenance of fire protection systems, such as, but not limited to; fire alarm, fire sprinkler, standpipes, fire pump, emergency lighting,
illuminated exit signs, emergency generator, etc. prior to occupancy of such systems as fire alarm, sprinkler, standpipes, fire pumps, emergency
lighting, illuminated exit signs, emergency generator, etc. to ensure proper operation. These tests shall be witnessed by the Government's designated
representative.
6.10 MAINTENANCE OF PROVIDED FINISHES (APR 2011)
A. Paint, Wall Coverings Lessor shall maintain all wall coverings and high performance paint coatings in like new" condition for the life of the
lease. All painted surfaces, including the moving and returning of furnishings, any time during the occupancy by the Government if the paint is
LEASE NO. GS -06P- 11029, PAGE 25
LESSOR: PiLt GOVERNMENT: 471-- GSA FORM L202 (September 2011)
peeling or permanently stained, except where damaged due to the negligence of the Government. All work shall be done after normal working
hours as defined elsewhere in this Lease. In addition to the foregoing requirement,
1. Lessor shall perform cyclical repainting of the Space every 5 years of occupancy. This cost, including the moving and returning of furnishings,
as well as disassembly and reassembly of systems furniture, will be borne by the Lessor as part of the rent.
B. Carpet and Flooring.
1. Except when damaged by the Government, the Lessor shall repair or replace flooring at any time during the Lease term when:
a. Backing or underlayment is exposed;
b. There are noticeable variations in surface color or texture;
c. It has curls, upturned edges, or other noticeable variations in texture;
d. Tiles are loose; or,
e. Tears and /tripping hazards are present.
2. Notwithstanding the foregoing, the Lessor shall replace all carpet in the Space every 5 years. Replacement carpet shall meet specification in
the FLOOR COVERINGS AND PERIMETERS clause herein,.
3. Repair or replacement shall include the moving and returning of furnishings, including disassembly and reassembly of systems furniture, if
necessary. Work shall be performed after normal working hours as defined elsewhere in this Lease.
6.11 ASBESTOS ABATEMENT (APR 2011)
If asbestos abatement work is to be performed in the space after occupancy, the Lessor shall submit to the Government the occupant safety plan and
a description of the methods of abatement and re- occupancy clearance, in accordance with OSHA. EPA, DOT, state, and local regulations and
guidance- at least 4 weeks prior to the abatement work.
6.12 ONSITE LESSOR MANAGEMENT (APR 2011)
The Lessor shall provide an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immed'ately address all emergency situations.
6.13 SCHEDULE OF PERIODIC SERVICES (APR 2011)
Within 60 days after occupancy by the Government, the Lessor shall provide to the LCO with a detailed written schedule of all periodic services and
maintenance to be performed other than daily, weekly, or monthly.
6.14 LANDSCAPING (APR 2011)
This paragraph has been intentionally deleted.
6.15 L ANDSCAOE MAINTENANCE (APR 2O I)
This paragraph has been intentionally deleted.
6.16 RECYCLING (DEC 2007)
This paragraph has been intentionally deleted
6.17 RANDOLPH SHEPPARD COMPLIANCE (APR 2011)
This paragraph has been intentionally deleted.
6.18 SAFEGUARDING AND DISSEMINATION-OF SENSITIVr BUT UNCL rS D-(SBU) BUILDING INFORMATION W ;09)
This paragraph has been intentionally deleted.
6.19 INDOOR AIR QUALITY (DEC 2007)
A. The Lessor shall control contaminants at the source and /or operate the space in such a manner that the GSA indicator levels for carbon
monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO) are not exceeded. The indicator levels for office areas shall be: CO 9 ppm time
weighted average (TWA 8 hour sample); CO2 1,000 ppm (TWA); HCHO 0.1 ppm (TWA).
LEASE NO. GS -06P- 11029, PAGE 26
LESSOR:
T GOVERNMENT: `' GSA FORM L202 (September 2011)
B The Lessor shall make a reasonable attempt to apply 'nsecticides, paints, glues, adhesives, and HVAC system cleaning compounds with
highly volatile or irritating organic compounds, outside of working hours. Except in an emergency, the Lessor shall provide at least 72 hours advance
notice to the Government before applying noxious chemicals in occupied spaces and shall adequately ventilate those spaces during and after
application.
C. The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement the necessary controls to address the
complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in space that it occupies, as well as in
space serving the Government - demised area (e.g., common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the
Government in its assessments and detailed studies by:
1. Making available information on building operations and Lessor activities;
2. Providing access to space for assessment and testing, if required; and
Implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government material safety data sheets (MSDS) upon request for the following products prior to their use
during the term of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall
patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The
Government reserves the right to review such products used by the Lessor within:
1. The Government - demised area;
2. Common building areas;
3. Ventilation systems and zones serving the leased space; and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the leased space.
F. Where hazardous gasses or chemicals (any products with data in the Health and Safety section of the MSDS sheets) may be present or
used, including large -scale copying and printing rooms, segregate areas with deck -to -deck partitions with separate outside exhausting at a rate of at
least 0.5 cubic feet per minute per sq. ft., no air recirculation. The mechanical system must operate at a negative pressure compared with the
surrounding spaces of at least an average of 5 Pa (pascal) (0.02 inches of water gauge) and with a minimum of 1 Pa (0.004 inches of water gauge)
when the doors to the rooms are closed.
6.20 RADON IN AIR (SUCCEEDING) (SEPT 2011)
A. The radon concentration in the air of space leased to the Government shall be less than EPA's action concentration for homes of
4 picoCuries per liter (pCi /L), herein called "EPA's action concentration."
B. INITIAL TESTING:
1. The Lessor shall:
a. Test for radon in that portion of the Government's demised space which is in ground contact or closest to the ground up
to and including the second floor above grade (space on the third or higher floor above grade need not be measured);.
b. Report the results to the LCO upon award; and
c. Promptly carry out a corrective action program for any radon concentration which equals or exceeds the EPA
action level.
2_ Testing sequence. The Lessor shall measure radon by the standard test in subparagraph D.1, completing the test not later than
150 days after award, unless the LCO decides that there is not enough time to complete the test prior to lease term
commencement, in which case the Lessor shall perform the short test in subparagraph D.2.
C. CORRECTIVE ACTION PROGRAM:
1. Program Initiation and Procedures.
a. If either the Government or the Lessor detects a radon concentration at or above the EPA action level at any time after award or
during the term of the lease, the Lessor shall promptly carry out a corrective action program which reduces the concentration to
below the EPA action level.
b. If either the Government or the Lessor detects a radon concentration at or above the EPA residential occupancy concentration of
200 pCi /L at any time after Government occupancy, the Lessor shall promptly restrict the use of the affected area and shall
provide comparable temporary space for the tenants, as agreed to by the Government, until the Lessor carries out a prompt
corrective action program which reduces the concentration to below the EPA action level and certifies the space for re- occupancy.
c. The Lessor shall provide the Government with prior written notice of any proposed corrective action or tenant relocation. The
Lessor shall promptly revise the corrective action program upon any change in building condition or operation which would
affect the program or increase the radon concentration to or above the EPA action level.
LEASE NO. GS -06P- 11029, PAGE 27
LESSOR: 1 GOVERNMENT: A' GSA FORM L202 (September 2011)
d. The Lessor shall perform the standard test in subparagraph D.1 to assess the effectiveness of a corrective action program. The
Lessor may also perform the short test in subparagraph D.2 to determine whether the space may be occupied but shall begin the
standard test concurrently with the short test.
e. All measures to accommodate delay of occupancy, corrective action, tenant relocation, tenant re- occupancy, or follow -up
measurement, shall be provided by the Lessor at no additional cost to the Government.
f. If the Lessor fails to exercise due diligence, or is otherwise unable to reduce the radon concentration promptly to below the EPA
action level, the Government may implement a corrective action program and deduct its costs from the rent.
D. TESTING PROCEDURES:
1. Standard Test. Place alpha track detectors or electret ion chambers throughout the required area for 91 or more days so that
each covers no more than 2,000 ABOA sq. ft. Use only devices listed in the EPA Radon Measurement Proficiency Program (RMP) application device
checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data (sample location, device
type, duration, radon measurements, laboratory proficiency certification number, and the signature of a responsible laboratory official) within 30 days
after the measurement.
2. Short Test. Place alpha track detectors for at least 14 days, or electret ion chambers or charcoal canisters for 2 days to 3 days,
throughout the required area so that each covers no more than 2,000 ABOA sq. ft., starting not later than 7 days after award. Use only devices listed
in the EPA RMP application device checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and
supporting data within 30 days after the measurement. In addition, complete the standard test not later than 150 days after Government occupancy.
6.21
.I:
This paragraph has been intentionally deleted.
6.22 HAZARDOUS MATERIALS (OCT 1996)
The leased space shall be free of hazardous materials according to applicable Federal, state, and local environmental regulations.
6.23 MOLD (AUG 2008)
A. Actionable Mold is mold of types and concentrations in excess of that found in the local outdoor air.
B. The Lessor shall provide space to the Government that is free from Actionable Mold and free from any conditions that reasonably can be
anticipated to permit the growth of Actionable Mold or are indicative of the possibility that Actionable Mold will be present ( "Indicators ").
C. At such times as the Government may direct, including but not limited to: after a flood, water damage not caused by the Government, or
repairs caused by the Lessor, the Lessor, at its sole cost, expense and risk shall: (i) cause an industrial hygienist certified by the American Board of
Industrial Hygienists or a qualified consultant ( "the Inspector ") who, in either instance, is reasonably acceptable to the Government, to inspect and
evaluate the space for the presence of Actionable Mold or mold Indicators; and (ii) cause the Inspector to deliver the results of its inspection and
evaluation (the "Report") to the Government within 30 days after it conducts same and, in all events, at the same time that it delivers the Report to
Lessor. With the delivery of the Report to the Government, the Inspector shall notify the Government, in writing via cover letter to the report, if the
Inspector discovers or suspects the existence of Actionable Mold or Indicators in the leased space.
D. The presence of Actionable Mold in the premises may be treated as a Casualty, as determined by the Government, in accordance with the
Fire and Other Casualty clause contained in the General Clauses of this Lease. In addition to the provisions of the Fire and Other Casualty clause of
this Lease, should a portion of the premises be determined by the Government to be un- tenantable due to an act of negligence by the Lessor or his
agents, the Lessor shall provide reasonably acceptable alternative space at the Lessor's expense, including the cost of moving, and any required
alterations.
E. If the Report indicates that Actionable Mold or Indicators are present in the leased space, the Lessor, at its sole cost, expense, and risk,
shall within 30 days after its receipt of the Report: 1) retain an experienced mold remediation contractor reasonably acceptable to the Government to
prepare and submit to the Government and Lessor a remediation plan (the "Plan ") and within 90 days after the Government's approval of the Plan,
remediate the Actionable Mold or the Indicators in the leased space, but prior to commencing such remediation, Lessor shall send the Government a
notice stating: (i) the date on which the Actionable Mold remediation shall start and how long it is projected to continue; (ii) which portion of the leased
space shall be subject to the remediation; and (iii) the remediation procedures and standards to be used to implement the Plan and the clearance
criteria to be employed at the conclusion of the remediation; and 2) notify, in accordance with any applicable Federal, state, and local health and safety
requirements, the Government employees as well as all other occupants of and visitors to the leased space of the nature, location and schedule for
the planned remediation and reasons therefore.
F. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled "Mold
Remediation in Schools and Commercial Buildings" (EPA 402 -K -01 -001, March 2001), published by the U.S. Environmental Protection Agency, as
same may be amended or revised from time to time, and any other applicable Federal, state, or local laws, regulatory standards and guidelines.
LEASE NO. GS -06P- 11029, PAGE 28
LESSOR: 't. "` GOVERNMENT: ' ' GSA FORM L202 (September 2011)
G. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased space after conclusion
of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the Plan or any other applicable
Federal, state, or local laws, regulatory standards or guidelines, the Lessor, at its sole cost, expense, and risk, shall immedkately take all further actions
necessary to bring the remediation into compliance.
H. If the Lessor fails to exercise due diligence, or is otherwise unable to remediate the Actionable Mold, the Government may implement a
corrective action program and deduct its costs from the rent.
6.24 OCCUPANT EMERGENCY PLANS (APR 2011)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP) and if necessary a supplemental Shelter -in Place (SIP) Plan Periodically, the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP. The Plan, among other things, must include an annual emergency evacuation drill, emergency notification procedures of the
Lessor's building engineer or manager, building security, local emergency personnel, and Government agency personnel.
6.25 FLAG DISPLAY (APR 2011)
This paragraph has been intentionally deleted.
LEASE NO. GS -06P- 11029, PAGE 29 LESSOR: GOVERNMENT: GSA FORM L202 (September 2011)
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 ADDITIONAL SERVICES
The Lessor shall provide "family tier" cable television from Mediacom. Should the cable provider or tier level become unavailable, an equivalent
service will be provided as a replacement. Costs for providing cable service shall be included in the rent.
7.02 MODIFICATIONS FROM THE STANDARD LEASE GSA FORM L201C
The following paragraphs were either deleted or modified from the Standard Lease form:
1.03 RENT AND OTHER CONSIDERATION (SUCCEEDING) (SEPT 2011) - MODIFIED
1.04 BROKER COMMISSION AND COMMISSION CREDIT (AUG 2011) - DELETED
1.06 RENEWAL RIGHTS (SEPT 2011) - DELETED
1.09 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT, ESTABLISHMENT OF TAX BASE (SEPT 2011) - DELETED
1.14 ADDITIONAL BUILDING IMPROVEMENTS (SEPT 2011) - DELETED
2.04 PAYMENT OF BROKER (JULY 2011) - DELETED
2.06 REAL ESTATE TAX ADJUSTMENT (SEPT 2011) - DELETED
3.06 VESTIBULES (SUCCEEDING) (APR 2011) - MODIFIED
3.13 FLAGPOLE (SEPT 2011) - DELETED
3.30 ADDITIONAL ELECTRICAL CONTROLS (APR 2011) - DELETED
3.49 SECURE HVAC: SECURE RETURN AIR GRILLES (NOV 2005) - DELETED
3.50 SECURE HVAC: OUTDOOR AIR INTAKES (NOV 2005) — DELETED
3.51 EMERGENCY VOICE /ALARM COMMUNICATION SYSTEM (APR 2011) - DELETED
3.52 SECURE HVAC: DEDICATED HVAC FOR LOBBIES, MAILROOMS, AND LOADING DOCKS (NOV 2005) — DELETED
4.01 SCHEDULE FOR COMPLETION OF SPACE — SUCCEEDING (SEPT 2011) - DELETED
4.02 AS -BUILT DRAWINGS (APR 2011) - DELETED
5.08 FLOOR COVERINGS AND PERIMETERS (SUCCEEDING) (SEPT 2011) - MODIFIED
6.05 JANITORIAL SERVICES (SEPT 2011) - MODIFIED
6.10 MAINTENANCE OF PROVIDED FINISHES (APR 2011) - MODIFIED
6.14 LANDSCAPING (APR 2011) - DELETED
6.15 LANDSCAPE MAINTENANCE (APR 2011) - DELETED
6.16 RECYCLING (DEC 2007) - DELETED
6.17 RANDOLPH - SHEPPARD COMPLIANCE (APR 2011) - DELETED
6.18 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (JUN 2009) - DELETED
6.21 RADON IN WATER (AUG 2008) - DELETED
6.25 FLAG DISPLAY (APR 2011) - DELETED
LEASE NO. GS -06P- 11029, PAGE 30 LESSOR: �`_' !i.- GOVERNMENT: 5 k GSA FORM L202 (September 2011)
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LEASE NO. GS -06P -11029
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INITIALS:
HISTORIC FEDERAL BUILDING PARKING LOT
HISTORIC FEDERAL BUILDING
1 2 3 4 5 6
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LESSOR GOVERNMENT
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EXHIBIT B
LEASE NO. GS -06P -11029
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent)
1. The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and healthy work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the entire premises are destroyed by fire or other casualty, this lease will immediately terminate.
In case of partial destruction or damage, so as to render the premises untenantable, as determined
by the Government, the Government may terminate the lease by giving written notice to the Lessor
within 15 calendar days after such determination. If so terminated, no rent will accrue to the
Lessor after such partial destruction or damage; and if not so terminated, the rent will be reduced
proportionately by supplemental agreement hereto effective from the date of such partial
destruction or damage. Nothing in this lease shall be construed as relieving the Lessor from
liability for damage to or destruction of property of the United States of America caused by the
willful or negligent act or omission of the Lessor.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures. and appurtenances furnished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Government may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 52.252 -2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at http : / /www.gsa.gov /leasingform.
6. The following clauses are incorporated by reference:
GSAR 552 -203 -5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
GSAR 552 - 203 -70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
(Applicable to leases over $100,000.)
FAR 52.204 -7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
FAR 52.209 -6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2005)
(Applicable to leases over $25,000.)
FAR 52.219 -9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over $500,000.)
FAR 52.219 -16 LIQUIDATED DAMAGES — SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over $500,000.)
F
GOVERNMENT
LEASE NO. GS -06P -11029
GSA FORM 3517A PAGE 1 (REV 11/05)
GSAR 552.219 -72
GSAR 552.219 -73
FAR 52.222 -26
FAR 52.222 -21
FAR 52.222 -35
FAR 52.222 -36
FAR 52.222 -37
FAR 52.232 -23
GSAR 552.232 -75
GSAR 552.232 -76
FAR 52.233 -1
FAR 52.215 -10
FAR 52.215 -12
PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require
submission of the subcontracting plan with initial offers.)
EQUAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over $10,000.)
EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over $25,000.)
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over $10,000.)
EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
(DEC 2001)
(Applicable to leases over $25,000.)
ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
PROMPT PAYMENT (SEP 1999)
ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
DISPUTES (JUL 2002)
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Applicable when cost or pricing data are required for work or services over
$500,000.)
SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Applicable when the clause at FAR 52.215 -10 is applicable.)
The information collection requirements contained in this solicitation /contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090 -0163.
INITIALS:
GOVERNMENT LEASE NO. GS -06P -11029
GSA FORM 3517A PAGE 2 (REV 11/05)
REPRESENTATIONS AND CERTIFICATIONS
(Acquisition of Leasehold Interests in Real Property)
Solicitation Number
RFP # 11029
Dated
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following Representations and Certifications NOTE: The "Offeror," as used on
this form, is the owner of the property offered, not an Individual or agent representing the owner.
1. 52.219 -1 - SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531190.
(2) 1 he small business size standard is $19.0 Million in annual average gross revenue of
the concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product
which it did not itself manufacture, is 500 employees.
(b) Representations.
(1) The Offeror represents as part of its offer that it [ ] is, X is not a small business
concern.
INITIALS
(2) [Complete only if the Offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The Offeror represents, for general statistical
purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in
13 CFR 124.1002.
(3) [Complete only if the Offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is,
[ ] is not a women -owned small business concern.
(4) [Complete only if the Offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is,
[ ] is not a veteran -owned small business concern.
(5) [Complete only if the Offeror represented itself as a veteran -owned small business
concern in paragraph (b)(4) of this provision.] The Offeror represents as part of its offer
that it [ ] is, [ ] is not a service- disabled veteran -owned small business concern.
(6) [Complete only if the Offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The Offeror represents, as part of its offer, that —
(1) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration, and no material change in
ownership and control, principal office, or HUBZone employee percentage has
occurred since it was certified by the Small Business Administration in
accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate
for the HUBZone small business concern or concerns that are participating in the
joint venture. [The Offeror shall enter the name or names of the HUBZone small
business concern or concerns that are participating in the joint
venture: .] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy of the
HUBZone representation.
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LESSO GOVERNMENT GSA FORM 3518 PAGE 1 (REV 1/07)
(c) Definitions. As used in this provision-
"Service- disabled veteran -owned small business concern" —
(1) Means a small business concern -
(i) Not less than 51 percent of which is owned by one or more service- disabled
veterans or, in the case of any publicly owned business, not less than 51 percent
of the stock of which is owned by one or more service- disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or
more service- disabled veterans or, in the case of a veteran with permanent and
severe disability, the spouse or permanent caregiver of such veteran.
(2) Service- disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a
disability that is service- connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently
owned and operated, not dominant in the field of operation in which it is bidding on
Government contracts, and qualified as a small business under the criteria in 13 CFR part
121 and the size standard in paragraph (a) of this provision.
"Veteran -owned small business concern" means a small business concern —
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at
38 U S.C. 101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more
veterans.
"Women -owned small business concern" means a small business concern —
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly
owned business, at least 51 percent of the stock of which is owned by one or more
women; and
(2) Whose management and daily business operations are controlled by one or more
women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small
business concerns, then the clause in this solicitation providing notice of the set -aside
contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small,
HUBZone small, small disadvantaged, or women -owned small business concern in
order to obtain a contract to be awarded under the preference programs established
pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision
of Federal law that specifically references section 8(d) for a definition of program
eligibility, shall -
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the
Act.
2. 52.204 -5 - WOMEN -OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)
(a) Definition. "Women -owned business concern," as used in this provision, means a concern
which is at least 51 percent owned by one or more women; or in the case of any publicly
owned business, at least 51 percent of its stock is owned by one or more women; and
whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the Offeror is a women -owned business concern and has
not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219 -1,
Small Business Program Representations, of this solicitation.] The Offeror represents that it
[ ] is a women -owned business concern.
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LESSO GOVERNMENT GSA FORM 3518 PAGE 2 (REV 1/07)
3. 52.222 -22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
(Applicable to leases over $10,000.) N/A - Annual Rent Under $10,000
The Offeror represents that —
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation,
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract awards. (Approved by OMB under
Control Number 1215 - 0072.)
4. 52.222 -25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
(Applicable to leases over $10,000 and which include the clause at FAR 52.222 -26, Equal
Opportunity.) N/A - Annual Rent Under $10,000
The Offeror represents that —
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at
each establishment affirmative action programs required by the rules and regulations of the
Secretary of Labor (41 CFR 60 -1 and 60 -2), or
(b) It [ ] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB
under Control Number 1215 - 0072.)
5. 52.203 -02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(Applicable to leases over $100,000 average net annual rental, including option periods.)
(a) The Offeror certifies that—
N/A - Annual Rent Under $100,000
(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii)
the methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror,
directly or indirectly, to any other Offeror or competitor before bid opening (in the case of
a sealed bid solicitation) or contract award (in the case of a negotiated solicitation)
unless otherwise required by law; and
No attempt has been made or will be made by the Offeror to induce any other concern
to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the
signatory—
(1) Is the person in the Offeror's organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and will not
participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in
certifying that those principals have not participated, and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) above
[Insert full
name of person(s) in the Offeror's organization responsible for determining the
prices offered in this bid or proposal, and the title of his or her position in the
Offeror's organization];
(3)
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LESSOR /
GOVERNMENT
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GSA FORM 3518 PAGE 3 (REV 1/07)
(ii) As an authorized agent, does certify that the principals named in subdivision
(b)(2)(i) above have not participated, and will not participate, in any action
contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in action
contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of the disclosure.
6. 52.203 -11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS (SEP 2005)
(Applicable to leases over $100,000.) N/A - Annual Rent Under $100,000
(a) The definitions and prohibitions contained in the clause, at FAR 52.203 -12, Limitation on
Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby
incorporated by reference in paragraph (b) of this certification.
(b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and
belief that on or after December 23, 1989, —
(1) No Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with the awarding of a contract;
(2) If any funds other than Federal appropriated funds (including profit or fee received under
a covered Federal transaction) have been paid, or will be paid, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with this solicitation, the Offeror shall
complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
He or she will include the language of this certification in all subcontract awards at any
tier and require that all recipients of subcontract awards in excess of $100,000 shall
certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into
this contract imposed by section 1352, title 31, United States Code. Any person who makes
an expenditure prohibited under this provision or who fails to file or amend the disclosure
form to be filed or amended by this provision, shall be subject to a civil penalty of not less
than $10,000, and not more than $100,000, for each such failure.
(3)
7. 52.209 -5 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
N/A - Annual Rent Under $10,000 DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
(Applicable to leases over $100,000 average net annual rental, including option periods.)
(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—
INITIALS: 111) 1
LESSd
(i)
The Offeror and /or any of its Principals —
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;
(B) Have [ ] have not [ ], within a three -year period preceding this offer,
been convicted of or had a civil judgment rendered against them for:
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, state, or local)
contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
& 6F
GOVERNMENT
LEASE NO. GS -06P 1 1 0 2 9
GSA FORM 3518 PAGE 4 (REV 1/07)
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly
charged by a governmental entity with, commission of any of the
offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a three -year period preceding this offer,
had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager; plant manager; head of a subsidiary,
division, or business segment, and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United
States and the Making of a False, Fictitious, or Fraudulent Certification May Render the
Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time
prior to contract award, the Offeror learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the
certification will be considered in connection with a determination of the Offeror's
responsibility. Failure of the Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
8. 52.204 -3 - TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
"Common parent," as used in this provision, means that corporate entity that owns or
controls an affiliated group of corporations that files its Federal income tax returns on a
consolidated basis, and of which the Offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number
required by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income
tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
(b) All Offerors must submit the information required in paragraphs (d) through (f) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the Offeror
to furnish the information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the
resulting contract is subject to the payment reporting requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the
Offeror's TIN.
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GSA FORM 3518 PAGE 5 (REV 1/07)
4;
(d) Taxpayer Identification Number (TIN).
TIN: 42- 6004596
TIN has been applied for.
TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal paying
agent in the United States;
Offeror is an agency or instrumentality of a foreign government;
Offeror is an agency or instrumentality of the Federal government;
(e) Type of organization.
[ ] Sole proprietorship; Government entity (Federal, State, or local);
[ ] Partnership; [ ] Foreign government;
[ ] Corporate entity (not tax - exempt); [ ] International organization per 26 CFR 1.6049-
(f)
[ ] Corporate entity (tax- exempt); [ ] Other
Common Parent.
[l
[]
Name
TIN
Offeror is not owned or controlled by a common parent as defined in paragraph (a) of
this provision.
Name and TIN of common parent:
9. 52.204 -6 – Data Universal Numbering System (DUNS) Number (OCT 2003)
(a) The Offeror shall enter, in the block with its name and address on the cover page of its offer,
the annotation "DUNS" or "DUNS +4" followed by the DUNS number or "DUNS +4" that
identifies the Offeror's name and address exactly as stated in the offer. The DUNS number
is a nine -digit number assigned by Dun and Bradstreet, Inc. The DUNS +4 is the DUNS
number plus a 4- character suffix that may be assigned at the discretion of the Offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT)
accounts (see Subpart 32.11) for the same parent concern.
(b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly
to obtain one.
(1) An Offeror may obtain a DUNS number -
(i) If located within the United States, by calling Dun and Bradstreet at 1- 866 -705-
5711 or via the Internet at http: / /www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet
office.
(2) The Offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
(iii) Company physical street address, city, state and zip code.
(iv) Company mailing address, city, state and zip code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer /key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your
entity).
INITIALS: /•J IL ! & C)l�
LESSOR GOVERNMENT
LEASE NO. GS -06P 1 1 0 2 9
GSA FORM 3518 PAGE 6 (REV 1/07)
10. DUNS NUMBER (JUN 2004)
Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer
cover page, the Offeror shall also provide its DUNS Number as part of this submission:
DUNS# 093105302
11. CENTRAL CONTRACTOR REGISTRATION (JAN 2007)
The Central Contractor Registration (CCR) System is a centrally located, searchable database
which assists in the development, maintenance, and provision of sources for future procurements.
The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the
Internet at http: / /www.ccr.gov To remain active, the Offeror /Lessor is required to update or renew
its registration annually.
Registration Active and Copy Attached
[ ] Will Activate Registration and Submit Copy to the Government Prior to Award
OFFEROR OR
AUTHORIZED
REPRESENTATIVE
NAME, ADDRESS (INCLUDING ZIP CODE)
NAME CITY OF DUBUQUE, ECONOMIC DEVELOPMENT DEPARTMENT
STREET 50 WEST 13TH STREET
CITY, STATE, ZIP DUBUQUE, IOWA 52001 -4864
Signature
TELEPHONE NUMBER
563 - sh'`) y3��
Date
/-/7-/2_
INITIALS:
LESSO
& 51-
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LEASE NO. GS -06P 1 1 0 2 9
GSA FORM 3518 PAGE 7 (REV 1/07)
FAR 52.219 -28
POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)
(a) Definitions. As used in this clause — Long -term contract means a contract of more than five years in duration, including
options. However, the term does not include contracts that exceed five years in duration because the period of
performance has been extended for a cumulative period not to exceed six months under the clause at 52 217 -8, Option to
Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this
clause.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall
rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the
occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to
include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in
the contract.
(3) For long -term contracts -
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System ( NAICS) code assigned to this
contract. The small business size standard corresponding to this NAICS code can be found at
http: / /www. sba. Siov/ servicesicontractinaopporiuni (ies /s(zestandardstopics /.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a
contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by
paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current
status. The Contractor shall notify the contracting office by e -mail, or otherwise in writing, that the data have been
validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed: The Contractor represents that it ❑isXs not a small business concern under NAICS
Code 531120 assigned to contract number GS -06P -11029 —
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