A - Santa Cruz CA - Lease 36C24W25L0021.pdf
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- Attached to
- X1DB--Santa Cruz CA for Medical Space
- Solicitation number
- 36C24W24R0070
- Issued by
-
Department of Veterans Affairs
About this file
This is a GSA Global Lease template (L100) that will be used for a Department of Veterans Affairs (VA) lease in Santa Cruz, CA. The lease template outlines terms for a 20-year lease with 10 years firm, including specifications for tenant improvements, building shell requirements, construction standards, and ongoing building services and maintenance obligations.
Key details include: VA will be using GSA's standardized lease template for medical office space; ISI Professional Services will receive a 2.48% lease acquisition fee capped at $1.5M; tenant improvement allowance is $800 per ABOA SF; the lessor must provide suitable passenger and freight elevator service; minimum ceiling height requirements of 9'0" to 12'0"; building must meet accessibility standards (ABAAS); lessor responsible for most utilities except gas, electricity, water and sewer which government pays directly; lessor must provide building shell improvements prior to occupancy including HVAC, electrical, plumbing, fire/life safety systems, and common areas; and lessor must employ a certified physical security consultant with CPP or PSP certification from ASIS International to implement VA's security requirements.
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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:
Name: ____________________________________________
Title: ____________________________________________
Entity: ____________________________________________
Date: ____________________________________________
FOR THE GOVERNMENT:
Title: Lease Contracting Officer
General Services Administration, Public Buildings Service
WITNESSED FOR THE LESSOR BY:
Title: ____________________________________________
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. 3090-0086.
LEASE NO. 36C24W25L0021, PAGE 1 GSA TEMPLATE L100
REV (10/24)
LEASE NO. 36C24W25L0021 Global Lease
GSA TEMPLATE L100 (10/2024)
INSTRUCTIONS TO OFFEROR: Do not attempt to complete this lease (GSA Lease Template L100, hereinafter Lease Template). Upon selection for award, VA will transcribe the successful Offeror's final offered rent and other price data included on Offeror’s submitted GSA Lease Proposal Form 1364, (hereinafter Lease Proposal Form) into a Lease Template, and transmit the completed Lease Template, together with appropriate attachments, to the successful Offeror for execution.
A. This Lease is made and entered into between
Lessor’s Name
(Lessor), whose principal place of business is [ADDRESS], and whose interest in the Property described herein is that of Fee Owner, and
The United States of America
(Government), acting by and through the designated representative of the Department of Veterans Affairs (VA), upon the terms and conditions set forth herein.
B. Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at
[Address] and more fully described in Section 1 and Exhibit XX, together with rights to the use of parking and other areas as set forth herein, to be used for such purposes as determined by VA.
C. LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease and continuing for a period of
20 Years, 10 Years Firm, subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable termination and renewal rights, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space by the Government.
LEASE NO. 36C24W25L0021, PAGE 2 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 5
1.01 THE PREMISES (OCT 2024)
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)
1.03 RENT AND OTHER CONSIDERATION (OCT 2023)
1.04 LEASE ACQUISITION FEE
1.05 TERMINATION RIGHTS (OCT 2016)
1.06 RENEWAL RIGHTS (OCT 2016) – INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
1.09 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024)
1.10 BUILDING SPECIFIC AMORTIZED CAPITAL (SEP 2012) – INTENTIONALLY DELETED
1.11 BUILDING SPECIFIC AMORTIZED CAPITAL RENTAL ADJUSTMENT (SEP 2013) – INTENTIONALLY DELETED
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024) – INTENTIONALLY DELETED
1.13 REAL ESTATE TAX BASE (SEP 2013) – INTENTIONALLY DELETED
1.14 OPERATING COST BASE (OCT 2016) – INTENTIONALLY DELETED
1.15 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013)
1.16 HOURLY OVERTIME HVAC RATES (OCT 2016) INTENTIONALLY DELETED
1.17 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) RATES – OTHER THAN HVAC (OCT 2024) – INTENTIONALLY DELETED
1.18 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018) INTENTIONALLY DELETED
1.19 BUILDING IMPROVEMENTS (OCT 2023)
1.20 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)
2.04 WAIVER OF RESTORATION (OCT 2023)
2.05 PAYMENT OF BROKER (OCT 2021)
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
2.07 REAL ESTATE TAX ADJUSTMENT (OCT 2023) – INTENTIONALLY DELETED
2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)
2.09 OPERATING COSTS ADJUSTMENT (JUN 2012) – INTENTIONALLY DELETED
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)
2.11 RELOCATION ASSISTANCE ACT (APR 2011) INTENTIONALLY DELETED
2.12 ENTITY NAME (OCT 2023)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS (OCT 2024)
3.02 WORK PERFORMANCE (JUN 2012)
3.03 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (OCT 2024)
3.04 CONSTRUCTION WASTE MANAGEMENT (OCT 2021)
3.05 WOOD PRODUCTS (OCT 2023)
3.06 ADHESIVES AND SEALANTS (OCT 2022)
3.07 BUILDING SHELL REQUIREMENTS (OCT 2016)
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022)
3.09 QUALITY AND APPEARANCE OF BUILDING (JUN 2012)
3.10 VESTIBULES (OCT 2020)
3.11 MEANS OF EGRESS (MAY 2015)
3.12 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023)
3.13 FIRE ALARM SYSTEM (SEP 2013)
3.14 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2024)
3.15 ELEVATORS (OCT 2020)
3.16 BUILDING DIRECTORY (OCT 2021)
3.17 FLAGPOLE (SEP 2013)
3.18 DEMOLITION (JUN 2012)
3.19 ACCESSIBILITY (OCT 2024)
3.20 CEILINGS (OCT 2022)
3.21 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 2013)
3.22 DOORS: IDENTIFICATION (APR 2011)
3.23 WINDOWS (OCT 2020)
3.24 PARTITIONS: GENERAL (OCT 2023)
3.25 PARTITIONS: PERMANENT (OCT 2023)
3.26 INSULATION: THERMAL, ACOUSTIC, AND HVAC (OCT 2022)
3.27 WALL FINISHES – SHELL (SEP 2015)
3.28 PAINTING – SHELL (OCT 2022)
3.29 FLOORS AND FLOOR LOAD (OCT 2019)
3.30 FLOOR COVERING AND PERIMETERS – SHELL (OCT 2022)
3.31 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
LEASE NO. 36C24W25L0021, PAGE 3 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
3.32 BUILDING SYSTEMS (APR 2011)
3.33 ELECTRICAL (OCT 2023)
3.34 ADDITIONAL ELECTRICAL CONTROLS (JUN 2012)
3.35 PLUMBING (JUN 2012)
3.36 DRINKING FOUNTAINS (OCT 2023)
3.37 RESTROOMS (OCT 2022)
3.38 PLUMBING FIXTURES: WATER CONSERVATION (OCT 2022)
3.39 JANITOR CLOSETS (SEP 2015)
3.40 HEATING, VENTILATION, AND AIR CONDITIONING - SHELL (OCT 2023)
3.41 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (OCT 2023)
3.42 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (JUN 2012)
3.43 LIGHTING: INTERIOR AND PARKING - SHELL (OCT 2023)
3.44 ACOUSTICAL REQUIREMENTS (OCT 2022)
3.45 SECURITY FOR NEW CONSTRUCTION (OCT 2022) INTENTIONALLY DELETED
3.46 SEISMIC SAFETY FOR NEW CONSTRUCTION (OCT 2020) INTENTIONALLY DELETED
3.47 FIRE PROTECTION FOR NEW CONSTRUCTION (APR 2015) INTENTIONALLY DELETED
3.48 GREEN BUILDING RATING CERTIFICATION FOR NEW CONSTRUCTION (OCT 2016) INTENTIONALLY DELETED
3.49 GREEN BUILDING RATING CERTIFICATION FOR TENANT INTERIORS (OCT 2023) – INTENTIONALLY DELETED
3.50 INDOOR AIR QUALITY DURING CONSTRUCTION (OCT 2021)
3.51 SYSTEMS COMMISSIONING (OCT 2023)
3.52 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS – LEASE (OCT 2023)
3.53 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SEP 2014)
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE (OCT 2024)
4.02 CONSTRUCTION DOCUMENTS (OCT 2023)
4.03 TENANT IMPROVEMENTS PRICE PROPOSAL (OCT 2023)
4.04 BUILDING SPECIFIC AMORTIZED CAPITAL (BSAC) PRICE PROPOSAL (OCT 2023) – INTENTIONALLY DELETED
4.05 GREEN LEASE SUBMITTALS (OCT 2023)
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (OCT 2024)
4.07 PROGRESS REPORTS (OCT 2023)
4.08 CONSTRUCTION INSPECTIONS (OCT 2023)
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (OCT 2022)
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (OCT 2021)
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION (OCT 2021)
4.12 AS-BUILT DRAWINGS (OCT 2021)
4.13 GSAR 552.270-15 LIQUIDATED DAMAGES (DEVIATION) (SEP 2022) – INTENTIONALLY DELETED
4.14 SEISMIC RETROFIT (OCT 2020)
4.15 LESSOR’S PROJECT MANAGEMENT RESPONSIBILITIES (OCT 2023)
4.16 GOVERNMENT PROJECT MANAGEMENT SYSTEM (OCT 2023)
SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS (OCT 2016)
5.02 TENANT IMPROVEMENT SPECIFICATIONS (SEP 2015) INTENTIONALLY DELETED
5.03 FINISH SELECTIONS (SEP 2015)
5.04 WINDOW COVERINGS (OCT 2023)
5.05 DOORS: SUITE ENTRY (OCT 2022)
5.06 DOORS: INTERIOR (OCT 2022)
5.07 DOORS: HARDWARE (SEP 2013)
5.08 DOORS: IDENTIFICATION (JUN 2012)
5.09 PARTITIONS: SUBDIVIDING (OCT 2023)
5.10 WALL FINISHES (OCT 2019)
5.11 PAINTING – TI (OCT 2022)
5.12 FLOOR COVERINGS AND PERIMETERS (OCT 2023)
5.13 HEATING AND AIR CONDITIONING (JUN 2012) – INTENTIONALLY DELETED
5.14 ELECTRICAL: DISTRIBUTION (SEP 2015)
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (JUN 2012)
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008)
5.17 DATA DISTRIBUTION (OCT 2020)
5.18 ELECTRICAL, TELEPHONE, DATA FOR SYSTEMS FURNITURE (OCT 2022)
5.19 LIGHTING: INTERIOR AND PARKING – TI (SEP 2015)
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM - TI (OCT 2016)
SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (OCT 2022)
6.02 UTILITIES (OCT 2024) INTENTIONALLY DELETED
6.03 UTILITIES SEPARATE FROM RENTAL/BUILDING OPERATING PLAN (OCT 2020)
6.04 GSAR 552.270-99 LESSOR REPORTING OF GREEN BUILDING EFFICIENCY (SEP 2023) – INTENTIONALLY DELETED
6.05 HEATING AND AIR CONDITIONING (OCT 2024)
LEASE NO. 36C24W25L0021, PAGE 4 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
6.06 OVERTIME HVAC USAGE (OCT 2023) INTENTIONALLY DELETED
6.07 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) – OTHER THAN HVAC (OCT 2024) – INTENTONALLY DELETED .. 36
6.08 JANITORIAL SERVICES (OCT 2021)
6.09 SELECTION OF CLEANING PRODUCTS (OCT 2022)
6.10 SELECTION OF PAPER PRODUCTS (OCT 2022)
6.11 SNOW REMOVAL (OCT 2020) – INTENTIONALLY DELETED
6.12 MAINTENANCE AND TESTING OF SYSTEMS (OCT 2022)
6.13 MAINTENANCE OF PROVIDED FINISHES (OCT 2016)
6.14 ASBESTOS ABATEMENT (OCT 2021)
6.15 ONSITE LESSOR MANAGEMENT (APR 2011)
6.16 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)
6.17 SCHEDULE OF PERIODIC SERVICES (OCT 2020)
6.18 LANDSCAPING (OCT 2022)
6.19 LANDSCAPE MAINTENANCE (APR 2011)
6.20 RECYCLING AND COMPOSTING (OCT 2023)
6.21 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)
6.22 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022)
– INTENTIONALLY DELETED
6.23 INDOOR AIR QUALITY (OCT 2024)
6.24 RADON IN AIR (OCT 2023)
6.25 RADON IN WATER (JUN 2012)
6.26 HAZARDOUS MATERIALS (OCT 2023)
6.27 MOLD AND WATER INTRUSION (OCT 2023)
6.28 OCCUPANT EMERGENCY PLANS (OCT 2020)
6.29 FLAG DISPLAY (OCT 2016)
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY REQUIREMENTS (OCT 2021)
7.02 MODIFIED LEASE PARAGRAPHS (OCT 2016)
7.03 NO FEDERALLY ELECTED OFFICIALS TO BENEFIT (OCT 2023) – INTENTIONALLY DELETED
7.04 DAILY OCCUPANCY DATA (OCT 2021) – INTENTIONALLY DELETED
7.05 SWING SPACE – LEASE (OCT 2022) – INTENTIONALLY DELETED
7.06 OFF-PREMISES IMPROVEMENTS
7.07 AGENCY SPECIFIC REQUIREMENTS SHALL PREVAIL
7.08 CHANGE IN KEY PERSONNEL DURING POST-AWARD
7.09 CHANGE MAJOR SUBCONTRACTORS DURING POST-AWARD
LEASE NO. 36C24W25L0021, PAGE 5 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (OCT 2024)
The Premises are described as follows:
A. Office and Related Space. XX rentable square feet (RSF), yielding XX ANSI/BOMA Occupant Area (ABOA) square feet (SF) of office and related
Space located on the XX floor(s) and known as Suite(s) XX, of the Building, as depicted on the floor plan(s) attached hereto as Exhibit XX.
A. Office and Related Space. XX rentable square feet (RSF), yielding XX ANSI/BOMA Occupant Area (ABOA) square feet (SF) of office and related Space and an additional XX RSF, yielding XX ABOA SF of free space (for which the Government will not be charged rent, including real estate taxes and operating cost escalations) in excess of the total XX RSF/XX ABOA SF indicated above, for a total of XX RSF (yielding XX ABOA SF), located on the XX floor(s) and known as Suite(s) XX, of the Building, as depicted on the floor plan(s) attached hereto as Exhibit XX. All rights, responsibilities, and obligations that bind the Lessor and Government under this lease agreement, including the General Clauses, and any other attachments hereto, shall pertain to the entire space under lease, including the free space.
B. Common Area Factor. The Common Area Factor (CAF), defined under Section 2 of the Lease, is established as XX percent. This factor, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the Payment Clause of the General Clauses.
C. INTENTIONALLY DELETED
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas and shall have the right to post Rules and Regulations Governing Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is consistent with Lessor’s standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking. XX parking spaces as depicted on the plan attached hereto as Exhibit XX, reserved for the exclusive use of the Government. Accessible parking shall comply with local code requirements. 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. (1) Space located on the roof of the Building sufficient in size for the installation and placement of telecommunications equipment, (2) the right to access the roof of the Building, and (3) use of all Building areas (e.g., chases, plenums, etc.) necessary for the use, operation, and maintenance of such telecommunications equipment at all times during the term of this Lease.
1.03 RENT AND OTHER CONSIDERATION (OCT 2023)
A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears, at the following rates:
FIRM TERM NON FIRM TERM
ANNUAL RENT ANNUAL RENT
SHELL RENT1 $XXX,XXX.XX $XXX,XXX.XX
OPERATING COSTS2 $ XXX,XXX.XX $ XXX,XXX.XX
TENANT IMPROVEMENTS RENT3 $ XXX,XXX.XX $0.00
PARKING4 $ XXX,XXX.XX $ XXX,XXX.XX
TOTAL ANNUAL RENT5 $XXX,XXX.XX $XXX,XXX.XX
1Shell rent reflects rental rates as follows:
(Firm Term) $XX per RSF, as rounded to the nearest penny.
(Non Firm Term) $XX per RSF, as rounded to the nearest penny.
2Operating Costs reflects a rate of $XX per RSF, as rounded to the nearest penny.
3Tenant Improvements of $XX are amortized at a rate of X percent per annum over XX years.
4Parking costs described under sub-paragraph B below.
5Total Annual Rent does not reflect reduction for free rent (if applicable). See subparagraph C below.
B. Parking shall be provided at a rate of $XX per parking space per month (structured/inside), and $XX per parking space per month
(surface/outside).
C. The Lessor has offered free rent for the first XX (X) months of the Lease (free rent includes shell, operating, TI and parking rent). Therefore, the first XX (X) months of the Lease shall be provided at no cost to the Government.
D. In instances where the Lessor amortizes the TI for a period exceeding the Firm Term of the Lease, should the Government terminate the Lease after the Firm Term or does not otherwise renew or extend the term beyond the Firm Term, the Government shall not be liable for any costs, including unamortized costs beyond the Firm Term.
LEASE NO. 36C24W25L0021, PAGE 6 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed XX ABOA SF based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.
F. Rent is subject to adjustment based upon the final Tenant Improvement (TI) cost to be amortized in the rental rate, as agreed upon by the parties subsequent to the Lease Award Date.
G. Intentionally Deleted.
H. If the Government leases the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days leased for that month.
I. Rent shall be paid to Lessor by electronic funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be payable using the EFT information contained in the System for Award Management (SAM). In the event the EFT information changes, the Lessor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated.
J. 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 herein in the paragraph entitled “The Premises.”
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, subcontractor 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 all services, utilities (with the exclusion of gas, electricity, water and sewer), maintenance required for the proper operation of the Property, the Building, and the Leased Premises, in accordance 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. The Government shall be responsible for paying the cost of gas, electricity, water and sewer directly to the utility provider. The Lessor shall ensure that such utilities are separately metered. The Lessor shall provide and install as part of shell rent, separate meters for utilities. Sub-meters are not acceptable. The Lessor shall furnish in writing to the LCO, prior to occupancy by the Government, a record of the meter numbers and verification that the meters measure Government usage only. Proration is not permissible. In addition, an automatic control system shall be provided to assure compliance with heating, ventilation, and air conditioning requirements.
K. For succeeding Leases with an incumbent Lessor where the Government is currently in occupancy and possession of the leased Premises and where the Lease requires the Lessor to perform alterations using the TIA, the amortized tenant improvement rent will not commence until the alterations are complete and accepted by the Government. Upon acceptance of these improvements, the Government will commence payment of the tenant improvement rent as stipulated under the Lease, in addition to payment of the tenant improvement rent for the period starting from the Lease Term Commencement Date to the date of tenant improvements acceptance by the Government (such rent payment will not include any additional interest). Alternatively, the Government may elect to re-amortize the tenant improvements over the remaining Firm Term of the Lease, at the amortization rate stipulated in the Lease. In the event the Government does not use all the TIA , then the rental payments will be adjusted in accordance with the provisions of the Lease (e.g., de-amortization).
1.04 LEASE ACQUISITION FEE
The Lessor shall be responsible for paying all real estate commissions due in connection with the consummation of this Lease.
For purposes of this Solicitation, the real estate firm of ISI Professional Services is the authorized representative of the VA and is providing Lease Acquisition Services to VA in connection with this transaction. It is understood between Lessor and VA that ISI Professional Services has provided Lease Acquisition Services on behalf of VA to assist in the completion of this transaction.
In connection with the provisions of such Lease Acquisition Services and in the event of consummation of a lease agreement between Lessor and VA, Lessor will pay a commission or lease acquisition fee to ISI Professional Services in the amount of a percentage equal to two-point forty-eight percent (2.48%) of the total aggregate lease value. The aggregate lease value shall include, but not be limited to, base rent (including fixed rental increases or as annualized), other rental income, operating expenses (base year), real estate taxes (base year), and amortized tenant improvements (if applicable). The aggregate lease value shall not include any rental abatement provided to the VA pursuant to the Lease;
any rental escalations covering operating expenses and/or real estate tax increases during the lease term; any additional amounts paid by VA for services over and above those furnished by Lessor; any lump sum payments for tenant improvements. Commissions will not be collected on option periods or for lease terms beyond the firm term of the lease.
The aggregate lease value will be used to determine the commission due and payable and will be established based on the final lease documents upon lease execution or as amended thereof. Such commission or lease acquisition fee shall be due and payable, as follows:
Seventy-five percent (75%) of commission or lease acquisition fee shall be paid to ISI Professional Services within thirty (30) calendar days following lease execution between Lessor and VA; and
The remaining twenty-five percent (25%) of commission or lease acquisition fee shall be paid to ISI Professional Services within thirty (30) calendar days following the earlier to occur of VA’s acceptance of space or commencement of rent payments.
LEASE NO. 36C24W25L0021, PAGE 7 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100
The Lessor’s responsibilities to pay the commission(s) or lease acquisition fee is independent of any other Lessor financial responsibilities of this Lease and shall not be used to negotiate or offset any credits owed VA by the Lessor. However, in the event Lessor shall fail to pay the commission(s) or lease acquisition fee amount owed to ISI Professional Services pursuant to the compensation schedule outlined herein, VA, at VA’s sole option, shall pay the commission(s) or lease acquisition fee on behalf of Lessor to ISI Professional Services out of rent payments and/or any lump-sum payments owed or to be owed to Lessor for reimbursement(s) of tenant improvement costs or payment(s) for services/work provided by Lessor. The Lease Acquisition Fee shall not exceed one million five hundred thousand dollars ($1,500,000.00).
1.05 TERMINATION RIGHTS (OCT 2016)
The Government may terminate this Lease, in whole or in parts, at any time effective after the Firm Term of this Lease, by providing not less than XX 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 (OCT 2016) – INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)
The following documents are attached to and made part of the Lease:
DOCUMENT NAME NO. OF PAGES EXHIBIT
FLOOR PLAN(S)
PARKING PLAN(S)
AGENCY SPECIFIC REQUIREMENTS
SECURITY REQUIREMENTS
SECURITY UNIT PRICE LIST
GSA 3517B GENERAL CLAUSES
SEISMIC FORM C, BUILDING RETROFIT OR NEW CONSTRUCTION PREAWARD COMMITMENT
APPROVED SMALL BUSINESS SUBCONTRACTING PLAN
DOL WAGE DETERMINATION
REVISION(S) TO LEASE ISSUED UNDER RLP AMENDMENT NUMBER(S) X
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
A. The Tenant Improvement Allowance (TIA) for purposes of this Lease is $800.00 per ABOA SF. The TIA is the amount that the Lessor shall make available for the Government to be used for TIs. This amount is amortized in the rent over the Firm Term of this Lease at an annual interest rate of X percent.
B. The Government, at its sole discretion, shall make all decisions as to the use of the TIA. The Government may use all or part of the TIA. The
Government may return to the Lessor any unused portion of the TIA in exchange for a decrease in rent according to the agreed-upon amortization rate over the Firm Term.
C. The Government may elect to make lump sum payments for any or all work covered by the TIA. That part of the TIA amortized in the rent shall be reduced accordingly. At any time after occupancy and during the Firm Term of the Lease, the Government, at its sole discretion, may elect to pay lump sum for any part or all of the remaining unpaid amortized balance of the TIA. If the Government elects to make a lump sum payment for the TIA after occupancy, the payment of the TIA by the Government will result in a decrease in the rent according to the amortization rate over the Firm Term of the Lease.
D. If it is anticipated that the Government will spend more than the identified TIA, the Government may elect to:
1. Reduce the TI requirements;
2. Pay lump sum for the overage upon substantial completion in accordance with the “Acceptance of Space and Certificate of Occupancy” paragraph;
3. Negotiate an increase in the rent.
1.09 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024)
For pricing TI costs, the following rates shall apply for the initial build-out of the Space.
INITIAL BUILD-OUT
ARCHITECT/ENGINEER (A/E) FEES ($ PER ABOA SF, $ FLAT FEE, OR % OF TI CONSTRUCTION COSTS) $XX PER ABOA SF, $XX FLAT FEE, OR XX%
LESSOR'S PROJECT MANAGEMENT FEE (% OF TI CONSTRUCTION COSTS) XX%
1.10 BUILDING SPECIFIC AMORTIZED CAPITAL (SEP 2012) – INTENTIONALLY DELETED
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1.11 BUILDING SPECIFIC AMORTIZED CAPITAL RENTAL ADJUSTMENT (SEP 2013) – INTENTIONALLY DELETED
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024) – INTENTIONALLY DELETED
1.13 REAL ESTATE TAX BASE (SEP 2013) – INTENTIONALLY DELETED
1.14 OPERATING COST BASE (OCT 2016) – INTENTIONALLY DELETED
1.15 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013)
In accordance with the paragraph entitled “Adjustment for Vacant Premises,” if the Government fails to occupy or vacates the entire or any portion of the 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 $XX.XX per ABOA SF of Space vacated by the Government.
1.16 HOURLY OVERTIME HVAC RATES (OCT 2016) INTENTIONALLY DELETED
1.17 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) RATES – OTHER THAN HVAC (OCT 2024) – INTENTIONALLY DELETED
1.18 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018) INTENTIONALLY DELETED
1.19 BUILDING IMPROVEMENTS (OCT 2023)
Before the Government accepts the Space, the Lessor shall complete the following additional Building improvements, as part of shell rent:
A. _______________ B. _______________ C. _______________
1.20 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
Lessor’s Unique Entity Identifier (UEI)
UEI: XXXXXXXXXXXX
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SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
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. General Contract Terms.
1. "Contract” means lease.
2. "Contractor” means Lessor.
3. “Days” means calendar days, unless specified otherwise.
4. “Delivery Date” means the date specified in or determined pursuant to the provisions of the lease for delivery of the premises to the
Government, improved in accordance with the provisions of the lease and substantially complete, as such date may be modified in accordance with the provisions of the lease.
5. “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s subcontractors and suppliers at any tier, and shall include, without limitation:
a. Acts of God or of the public enemy,
b. Acts of the United States of America in either its sovereign or contractual capacity,
c. Acts of another contractor in the performance of a contract with the Government,
d. Fires,
e. Floods,
f. Epidemics,
g. Quarantine restrictions,
h. Strikes,
i. Freight embargoes,
j. Unusually severe weather, or
k. Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
6. “Lease Award Date” means the date the LCO executes the lease and furnishes written notification of the executed lease to the successful offeror (usually the date on which the parties’ obligations under the lease begin).
7. "Lease Term Commencement Date” means the date on which the lease term commences.
8. “Substantially Complete” or “Substantial Completion” means that the work, the common and other areas of the building, and all other things necessary for the Government’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. The space shall be considered substantially complete only if the space may be used for its intended purpose.
9. “Work” means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this lease.
B. Real Property Terms.
1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
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3. “Appurtenant Areas” means 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 (e.g., parking areas).
4. “Broker” means VA’s broker, if VA awarded this lease using a contract real estate broker.
5. “Building” means building(s) situated on the property in which the premises are located.
6. Intentionally Deleted.
7. “Common Area Factor (CAF)” means a conversion factor determined by the Building owner and applied by the owner to the ABOA SF to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. For example, 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% [11,500 RSF-10,000 ABOA SF0/10,000 ABOA SF.] For the purposes of this Lease, the CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
8. “Firm Term” means the part of the lease term that is not subject to termination rights.
9. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.
10. “Premises” means the total occupant area or other type of space, together with all associated common areas described in the lease.
Appurtenant areas (e.g., parking areas) to which the Government has rights under this lease are not included in the premises.
11. “Property” means 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.
12. “Rentable Space or Rentable Square Feet (RSF)” means 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. Rentable space may include a share of 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. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.
13. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space.
Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice, without an express delegation by the prior LCO.
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)
A. The Government may request the Lessor to provide alterations during the term of the Lease. Alterations will be ordered by issuance of a Lease
Amendment by the LCO. The General Services Administration Acquisition Manual (“GSAM”) clause, 552.270-31, Prompt Payment, including its invoice requirements, shall apply to orders for alterations. All orders are subject to the terms and conditions of this Lease and may be placed only by the LCO or a warranted contracting officer’s representative (COR) in GSA or the tenant agency when specifically authorized to do so by the LCO, subject to the threshold limitation below.
B. Orders for alterations issued by an authorized COR are limited to no more than $250,000 (LCOs are not subject to this threshold). This threshold will change according to future adjustments of the simplified acquisition threshold (see FAR 2.101). The LCO will provide the Lessor with a list of tenant agency officials authorized to place orders and will specify any limitations on the authority delegated to tenant agency officials. The tenant agency officials are not authorized to deal with the Lessor on any other matters.
C. The Lessor may be required to use the Government’s project management system, as outlined in Lease paragraph entitled “Government Project
Management System.”
D. Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the tenant agency placing the order.
2.04 WAIVER OF RESTORATION (OCT 2023)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:
A. Waste, or, B. Damages, or restoration arising from or related to:
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1. The Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
2. 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 or earlier termination (full or partial) 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.
2.05 PAYMENT OF BROKER (OCT 2021)
In accordance with RLP Paragraph 1.14, the Lessor shall pay the Government’s Broker ISI Professional Services, the total lease acquisition fee amount of $XX.
Seventy-five percent (75%) of the lease acquisition fee shall be paid to ISI Professional Services within thirty (30) calendar days following lease execution between Lessor and VA; and
The remaining twenty-five percent (25%) of the lease acquisition fee shall be paid to ISI Professional Services within thirty (30) calendar days following the earlier to occur of VA’s acceptance of space or commencement of rent payments.
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
A. If during the term of the Lease, title to the Property is transferred 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 changing only its legal name, and the Government's and the Lessor's respective rights and obligations remain unaffected.
C. If title to the Property is transferred, 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 Lease 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 release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the Government under the Lease that 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 register in the System for Award
Management (SAM) for purposes of “All Awards” (See FAR 52.232-33), and complete all required representations and certifications within SAM.
In addition, for leases FSL III or above, the Transferee must also complete 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space. This representation must be completed annually.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in this
Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the LCO, 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 sub-paragraph F. The original Lessor must maintain an active registration in SAM until the Novation process is complete.
2.07 REAL ESTATE TAX ADJUSTMENT (OCT 2023) – INTENTIONALLY DELETED
2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)
(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 and the base for operating cost adjustments will be reduced using the figure specified in the “Rate for Adjustment for Vacant Leased Premises” paragraph of this Lease.
(b) If no rate reduction has been established in this lease, the rate will be reduced by that portion of the costs per ABOA square foot of operating expenses not required to maintain the space.
(c) 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.
2.09 OPERATING COSTS ADJUSTMENT (JUN 2012) – INTENTIONALLY DELETED
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2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)
A. Within 45 days after Lease award, the Lessor shall provide to the LCO (or representative designated by the LCO) evidence of:
1. A firm commitment of funds in an amount sufficient to perform the work.
2. The names of at least two proposed construction contractors, as well as evidence of the contractors’ experience, competency, and performance capabilities with construction similar in scope to that which is required herein.
3. The license or certification to practice in the state where the Building is located from the individual(s) and/or firm(s) providing architectural and engineering design services.
B. The Government shall have the right to withhold approval of design intent drawings (DIDs) until the conditions specified in sub-paragraph A has been satisfied.
C. Within ten (10) calendar days after the LCO issues the Notice To Proceed (NTP) for TI construction, the Lessor shall provide to the LCO evidence of:
1. Award of a construction contract for TIs with a firm completion date. This date must be in accordance with the construction schedule for TIs as described in the “Schedule for Completion of Space” paragraph of this Lease.
2. Issuance of required permits for construction of the TIs.
D. Within 15 Working Days after award, the Lessor shall submit to the Lease Contracting Officer or designee a project schedule giving the dates on which the various phases of design and construction will be completed to coincide with the Government’s required occupancy date. The schedule shall clearly indicate the completion of significant activities/events, including but not limited to:
1. Submittal of financial requirements, dates for closing on land (if applicable), and other Post-Award submittals included in this Lease
2. Submittal of Design Intent Drawings and review times
3. Submittal of Construction Documents and review times
4. Submittal of TI Budgets, TI Proposals, TI Negotiation timelines, and NTP (when applicable)
5. Environmental mitigations (if applicable)
6. Submit permit drawings to AHJ
7. Issuance of construction permits, to include clearing, site and building permits
8. Submittal to VA of copies of Permits and Approved Construction Documents
9. Start of construction
10. Completion of principal categories of work
11. Testing and balancing
12. Building Systems Certification
13. Final inspection
14. Final completion of construction
15. Occupancy permit
2.11 RELOCATION ASSISTANCE ACT (APR 2011) INTENTIONALLY DELETED
2.12 ENTITY NAME (OCT 2023)
Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in its entity name that owns and/or leases Space to GSA.
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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS (OCT 2024)
If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or quantitatively incidental to the Government’s use and occupancy, the following FAR clauses shall apply to all work (including shell and TIs) performed prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO.
Full text versions are also available at HTTPS://WWW.ACQUISITION.GOV/?Q=BROWSEFAR.
52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination–Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility.
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 52.222-62 Paid Sick Leave Under Executive Order 13706.
Supplementary Labor Standards Provisions (VAAR 852.236-85).
3.02 WORK PERFORMANCE (JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO. The LCO may 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.
3.03 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (OCT 2024)
A. Items and materials existing in the Premises, or to be removed from the Premises during the demolition phase, are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse shall be in refurbished condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality standards, the Lessor is responsible to confirm that the quality of the item(s) in question shall meet or exceed accepted industry or trade standards for first quality commercial grade applications.
B. The Government will not pay for existing fixtures and other TIs accepted in place. However, the Government will reimburse the Lessor, as part of the TIA, the costs to repair or improve such fixtures or improvements identified on the reuse plan and approved by the LCO.
C. Unless waived by the LCO, the Lessor shall submit a reuse plan for leases 10,000 RSF or greater.
3.04 CONSTRUCTION WASTE MANAGEMENT (OCT 2021)
For leases 10,000 RSF or greater, the requirements below apply:
A. Recycling construction waste is mandatory for initial space alterations for TIs and subsequent alterations under the Lease.
B. Submittal Requirement. Prior to construction commencement, a proposed plan following industry standards to recycle construction waste. The construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged (at least 50 percent) from construction, demolition, and packaging debris. Where the small quantity of material, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship, the Government, upon written request of the Lessor and approval of the LCO, may permit alternative means of disposal.
C. The Lessor shall recycle the following items during both the demolition and construction phases of the project, subject to economic evaluation and feasibility: Ceiling grid and tile, light fixtures, including proper disposal of any transformers, ballasts, and fluorescent light bulbs, duct work and HVAC equipment, wiring and electrical equipment, aluminum and/or steel doors and frames, hardware, drywall, steel studs, carpet, carpet backing, and carpet padding, wood, insulation, cardboard packaging, pallets, windows and glazing materials, all miscellaneous metals (as in steel support frames for filing equipment), and all other finish and construction materials.
D. If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, polychlorinated biphenyls
(PCBs) (such as fluorescent lamp ballasts), or other harmful substances, they shall be handled and removed in accordance with Federal and state laws and requirements concerning hazardous waste.
https://www.acquisition.gov/?q=browsefar
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E. In addition to providing "one time" removal and recycling of large-scale demolition items such as carpeting or drywall, the Lessor shall provide continuous facilities for the recycling of incidental construction waste during the initial construction.
F. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the LCO. Records shall include materials recycled or land-filled, quantity, date, and identification of hazardous wastes.
3.05 WOOD PRODUCTS (OCT 2023)
A. Particle board, medium-density fiberboard, and hardwood plywood shall be free of formaldehyde and labeled as Toxic Substances Control Act
(TSCA) Title VI compliant. Other wood types such as strawboard shall be free of formaldehyde or sufficiently aged prior to use such that indoor air levels in the finished leased space shall not exceed 0.016 parts per million (ppm) of formaldehyde.
B. All…
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