Exhibit O- Seismic Offer Forms.pdf

DRAFT

Appendix G: Seismic Safety in Leasing

Attachment 2: Seismic Offer Forms

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RLP OFFER ATTACHMENT - SEISMIC OFFER FORMS

Instructions for Offeror:

Forms A through D are pre-award submittals. Depending upon the form, either the Offeror or the Offeror’s engineer shall complete and sign the form to confirm seismic compliance with RP 8. When the engineer fills out a form, he or she is also required to stamp it. The Offeror’s engineer shall represent whether the Building meets RP 8 standards, using Form A for Benchmark Buildings or Form B for other existing buildings. If the engineer’s certification indicates that the Building does not meet RP 8 standards, the Offeror shall agree to retrofit the building to meet the standards, using Form C, Part 1. Offerors providing new construction shall commit to a design code, using Form C, Part 2. Offerors may represent that their building meets an exemption criteria, using Form D.

Forms E and F are post-award submittals. They only apply when the Offeror has agreed to either retrofit an existing building (use Form E) or is constructing a new building (use Form F). Prior to the Government accepting leased space, the Lessor’s engineer shall complete, stamp, and sign the appropriate representation.

The forms must include the supporting documentation stated in the RLP and Lease.

Below is a detailed explanation of each of the forms.

SEISMIC FORM A - CERTIFICATE OF SEISMIC COMPLIANCE BENCHMARK BUILDING

A benchmark building is one that was designed and built or retrofitted in accordance with structural provisions that are considered to provide acceptable life-safety protection. RP 8, Section 1.3, Table 1-1 shows the construction codes that qualify a building as a Benchmark Building. If a building qualifies, no additional hazards need be considered. If the seismicity of a region has changed since the benchmark dates listed in the table, the building must be evaluated in accordance with the now current or greater seismicity of the region to be compliant with the RP 8 Standards.

SEISMIC FORM B - CERTIFICATE OF SEISMIC COMPLIANCE EXISTING BUILDING

The engineer shall evaluate the building to determine compliance with the Life Safety Performance Level. He or she shall use RP 8 Chapter 3 and ASCE/SEI 31 to determine compliance. The evaluation must include the appropriate Structural, Nonstructural, and Geologic Site Hazard and Foundation Checklists with backup calculations.

SEISMIC FORM C – BUILDING RETROFIT OR NEW CONSTRUCTION PRE-AWARD

COMMITMENT

Part 1 only applies to planned retrofit of an existing building. The Offeror shall identify the engineer in charge of the seismic retrofit and commit that the retrofit’s design and construction will conform to the requirements of ASCE/SEI 41, Basic Safety Objective.

The commitment must also include a Tier 1 report with supporting documentation, a narrative, scope, and schedule of the proposed renovations.

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Part 2 only applies to new construction. The Offeror shall identify the engineer in charge of the design of the building and specify which building code he or she is using to design and construct.

SEISMIC FORM D – OFFEROR’S REPRESENTATION OF EXEMPTION FROM SEISMIC

STANDARDS

The Offeror may claim an exemption from seismic compliance if representing that the offered building meets either of the following exemptions:

• In an area of moderate seismicity, the total space leased in the building by the Federal government, including the offered space, will be less than 10,000 ABOA SF upon commencement of the lease term.

• In an area of high to very high seismicity, the offered building is a one-story building of steel light frame or wood construction with less than 280 m2 (3,000

ABOA SF).

SEISMIC FORM E - CERTIFICATE OF SEISMIC COMPLIANCE RETROFITTED BUILDING

The engineer in charge of the building’s structural retrofit of the leased building shall certify that the design standard was the Basic Safety Objective as set forth in ASCE/SEI 41, Seismic Rehabilitation of Existing Buildings, and that the building was retrofitted to that standard.

SEISMIC FORM F - CERTIFICATE OF SEISMIC COMPLIANCE NEW BUILDING

The engineer shall certify that the design and construction of new buildings or additions to existing buildings conforms to the seismic provisions of the latest edition of the applicable State or local government codes under which it was built.

DEFINITIONS - The following definitions apply to the completion of the above-referenced forms:

1. Engineer means a professional engineer who is licensed in Civil or Structural Engineering and qualified in the structural design of buildings. They must be licensed in the state where the property is located.

2. ASCE/SEI 31 means the American Society of Civil Engineers standard, Seismic

Evaluation of Existing Buildings.” ASCE/SEI 31 can be purchased from ASCE at

(800) 548-2723, or by visiting http://www.pubs.asce.org.

3. ASCE/SEI 41 means American Society of Civil Engineers standard, Seismic

Rehabilitation of Existing Buildings.” ASCE/SEI 41 can be purchased from ASCE at (800) 548-2723, or by visiting http://www.pubs.asce.org.

4. Seismic Certificate means a certificate executed and stamped by an Engineer on the appropriate Certificate of Seismic Compliance form included with this solicitation together with any required attachments.

http://www.pubs.asce.org/ http://www.pubs.asce.org/

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5. RP 8 means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice 8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12.

You can obtain RP 8 from the Building and Fire Research Laboratory, National Institute of Standards and Technology, Gaithersburg, MD 20899, or download copy athttp://www.wbdg.org/ccb/NIST/nist_gcr11_917_12.pdf.

Appendix G:Seismic Safety in Leasing

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SEISMIC FORM A

CERTIFICATE OF SEISMIC COMPLIANCE

BENCHMARK BUILDING

Date: __________

This affirms that ________________________ served as engineer in charge of the seismic evaluation of the building located at ______________________________________________.

The building has the following characteristics:

ASCE Building Type: No. of Stories: Approx. Area:

Building Design Code: Year of Design Code: Year of Construction:

On the basis of the building characteristics and to the extent permitted by this level of evaluation, it is my opinion that the subject Building qualifies as a Benchmark Building as indicated in ASCE/SEI 31, Table 1-1.

Affix Stamp and Sign Here

Engineer’s Name:

Firm:

Address:

Telephone:

License No.:

License State:

Expiration Date:

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SEISMIC FORM B

CERTIFICATE OF SEISMIC COMPLIANCE

EXISTING BUILDING

Date: __________

This affirms that ________________________ served as engineer in charge of the seismic evaluation of the building located at ______________________________________________.

The building has the following characteristics:

ASCE Building Type: No. of Stories: Approx. Area:

Building Design Code: Year of Design Code: Year of Construction:

I have evaluated this building at the Life Safety Performance Level as set forth in the ICSSC RP 8, Standards of Seismic Safety for Existing Federally Owned and Leased Buildings, using ASCE/SEI 31 methodology:

___Tier 1 Evaluation

___Tier 2 Evaluation

___Tier 3 Evaluation

___Other (please explain below)

Documentation of this evaluation must be attached to this Certificate.

On the basis of the building characteristics and to the extent permitted by this level of evaluation it is my opinion that subject Building (check one) does / does not meet the Life Safety Performance Level of ICSSC RP 8.

Affix Stamp and Sign Here

Engineer’s Name:

Firm:

Address:

Telephone:

License No.:

License State:

Comments:

Attach: ASCE/SEI 31 Checklist(s) Structural, Nonstructural, and Geologic Site Hazards and Foundation.

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SEISMIC FORM C

BUILDING RETROFIT OR NEW CONSTRUCTION

PREAWARD COMMITMENT

PART 1

PREAWARD COMMITMENT TO RETROFIT BUILDING:

Date: __________

This affirms that _________________________ shall serve as the engineer in charge of the seismic retrofit of the building located at ________________________. The retrofit must be designed to meet the Basic Safety Objective, as set forth in ASCE/SEI 41 Seismic Rehabilitation of Existing Buildings.

In accordance with the requirements of this Standard and the seismic paragraph in the Request for Lease Proposals (RLP), our offer includes a commitment to retrofit the building to satisfy all of the Basic Safety Objective requirements of ASCE/SEI 41. The offer includes a Tier 1 report with all supporting documents, a narrative explaining the process, scope of renovations, and a schedule for the seismic retrofit.

Documentation shall be provided before award that demonstrates the seismic retrofit will meet the seismic standards and be completed within the time frame required.

PART 2

PREAWARD COMMITMENT TO CONSTRUCT A NEW BUILDING:

Date: __________

This affirms that _________________________ will serve as the engineer in charge of the structural design of the building located at ________________________. The criteria for design must be the ______ edition of the _____________________ building code.

In accordance with the requirements of this code, we prepared a quality assurance plan that included requirements for testing and inspecting critical elements of the structure and also periodic observation by our staff. We reviewed special inspection and testing reports prepared by the inspection agency and contractor submittals. On the basis of this, and to the extent permitted by this level of construction surveillance, it is my opinion that the Building was designed and constructed in conformance with the requirements of the above code.

The building has the following characteristics:

Building Type: Building Height: Approx. Area:

OFFEROR

SIGNATURE NAME OF SIGNER

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SEISMIC FORM D

OFFEROR’S REPRESENTATION OF EXEMPTION FROM SEISMIC STANDARDS

Date: __________

I represent that my building is exempt from the requirements of RP 8 because:

The Building is located in an area of medium seismicity and the Building will have less than 10,000 ABOA SF of space leased to the Federal Government upon commencement of the lease term.

The Building is located in an area of high to very high seismicity, and it is a one-story building with a steel light frame or wood construction with less than 3,000 ABOA SF of space in the building.

OFFEROR

SIGNATURE NAME OF SIGNER

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SEISMIC FORM E

CERTIFICATE OF SEISMIC COMPLIANCE

RETROFITTED BUILDING

PRE-OCCUPANCY CERTIFICATE:

This affirms that _________________________ served as the engineer in charge of the structural retrofit of the building located at ________________________. The standard for design was the Basic Safety Objective as set forth in ASCE/SEI 41 Seismic Rehabilitation of Existing Buildings.

In accordance with this Standard, we prepared a quality assurance plan, which requires staff to observe, test, and inspect the seismic retrofit work. We have also reviewed special inspection and testing reports prepared by the inspection agency and contractor submittals. On the basis of this, and to the extent permitted by this level of construction surveillance, it is my opinion that building was designed and constructed to conform with the requirements of the Standard listed above.

The building has the following characteristics:

ASCE Building Type: No. of Stories: Approx. Area:

Retrofit Design Standard: Year of Retrofit Standard: Year of Retrofit:

Documentation of this retrofit must be available to GSA.

On the basis of the above, it is my opinion that subject Building ___ does, ___ does not meet the Basic Safety Objective - Performance Level as set forth in ASCE/SEI 41, Seismic Rehabilitation of Existing Buildings.

Affix Stamp and Sign Here

Engineer’s Name:

Firm:

Address:

Telephone:

License No.:

State:

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SEISMIC FORM F

CERTIFICATE OF SEISMIC COMPLIANCE

NEW BUILDING

PRE-OCCUPANCY CERTIFICATE:

This affirms that _________________________ served as the engineer in charge of the structural design of the building located at ________________________. The criteria for design were the ______ edition of the _____________________ code.

In accordance with the requirements, we prepared a quality assurance plan, which requires staff to observe, test, and inspect the structure’s critical elements. We have also reviewed special inspection and testing reports prepared by the inspection agency and contractor submittals. On the basis of this, and to the extent permitted by this level of construction surveillance, it is my opinion that the building was designed and constructed to conform with the requirements of the code listed above.

The building has the following characteristics:

Building Type: Bldg. Height: Approx. Area:

Affix stamp and sign here

Engineer’s Name:

Firm:

Address:

Telephone:

License No.:

State:

Comments:

Attachment 3: Lease Seismic Paragraphs

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Attachment 3: Lease Seismic Paragraphs The Lease template has been updated. It now includes paragraphs to account for new construction or for retrofitting buildings to meet the seismic standards of RP 8.

However, in order for the conditional language to take effect, the Leasing Specialist must add the suggested language to the Building Improvements and Documents Incorporated In The Lease paragraphs to codify the commitment by the Lessor to make these retrofits and provide applicable seismic submittals.

The following paragraphs require the Leasing Specialist to identify and transcribe the commitments made during the offer stage on the final Lease document.

ACTION REQUIRED: THE LIST OF ATTACHMENTS IS NOT COMPREHENSIVE. ADJUST THE LIST AS

APPROPRIATE FOR THE SPECIFIC TRANSACTION.

DELETE ANY ATTACHMENTS THAT ARE NOT APPLICABLE (FOR EXAMPLE, SEISMIC PRE-AWARD RETROFIT

COMMITMENT, SMALL BUSINESS SUBCONTRACTING PLAN, ETC.)

NOTE: EXHIBITS SHOULD BE LABELED WITH SEQUENTIAL LETTERS.

AGENCY REQUIREMENTS REFER TO EITHER SPECIFIC REQUIREMENTS OR SPECIAL REQUIREMENTS, DEPENDING UPON WHETHER A TURN-KEY MODEL IS USED.

INCLUDE DIDS OBTAINED DURING NEGOTIATIONS WHEN USING STREAMLINED MODEL OPTION 3.

THE LCO MAY DECIDE IT IS MORE SUITABLE TO INCORPORATE SOME EXTENSIVE OR SENSITIVE

DOCUMENTS BY REFERENCE, FOR EXAMPLE, THE COURTS DESIGN GUIDE.

DOCUMENTS INCORPORATED IN THE LEASE (SEP 2012)

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/SPECIAL REQUIREMENTS (USE

“SPECIFIC” ONLY FOR TURN-KEY MODELS.

OTHERWISE USE “SPECIAL”

SECURITY REQUIREMENTS

SECURITY UNIT PRICE LIST

GSA FORM 3517B, GENERAL CLAUSES

GSA FORM 3518, REPRESENTATIONS AND CERTIFICATIONS

SEISMIC FORM C, BUILDING RETROFIT OR NEW

CONSTRUCTION PRE-AWARD COMMITMENT

SMALL BUSINESS SUBCONTRACTING PLAN

AMENDMENTS TO RLP NO. XXXXX

(end of paragraph)

ACTION REQUIRED: USE THE FOLLOWING PARAGRAPH IF THE OFFER INCLUDED A COMMITMENT TO

BUILDING UPGRADES IN ORDER TO BE ELIGIBLE FOR AWARD.

BE SPECIFIC IN DESCRIBING THE IMPROVEMENTS TO BE COMPLETED. IF NECESSARY, PROVIDE THE INFORMATION IN AN ATTACHMENT AS AN EXHIBIT, ADD THE STATEMENT “AS DESCRIBED IN THE ATTACHED

EXHIBIT ‘X,’” AND ATTACH THAT EXHIBIT TO THE LEASE

ADD OR DELETE SUB-PARAGRAPHS AS APPROPRIATE

LIST THE INFORMATION IN THE LETTERED SUB-PARAGRAPHS BELOW. EXAMPLES INCLUDE:

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• FIRE PROTECTION AND LIFE SAFETY UPGRADES

• ABAAS UPGRADES

• SEISMIC RETROFIT: USE SUGGESTED LANGUAGE AS FOLLOWS: “THE LESSOR HAS COMMITTED ON

SEISMIC FORM C (EXHIBIT _____ TO THIS LEASE) TO DO A SEISMIC RETROFIT, AND TO MEET ALL OF

THE SEISMIC REQUIREMENTS IN THIS LEASE.”

• ENERGY EFFICIENCY UPGRADES FOR ACTIONS EXEMPTED FROM ENERGY STAR LABEL

REQUIREMENTS

IF THE OFFER DID NOT INCLUDE A COMMITMENT TO BUILDING UPGRADES, DELETE THIS PARAGRAPH

BUILDING IMPROVEMENTS (SEP 2012)

Before the Government accepts the space, the Lessor shall complete the following additional Building improvements:

A. _______________ B. _______________ C. _______________

The LCO must include the following paragraphs, which contain the seismic requirements conditional language, whenever the Lessor commits to a seismic retrofit or new construction.

ACTION REQUIRED: WHEN ISSUING AS PART OF THE INITIAL RLP PACKAGE:

• DELETE FOR AREAS OF LOW AND VERY LOW SEISMICITY (GREEN AREAS ON MAP).

• INCLUDE AREAS OF MODERATE, HIGH, AND VERY HIGH SEISMICITY (YELLOW AND RED AREAS ON

MAP).

ACTION REQUIRED: WHEN DRAFTING THE FINAL LEASE:

• INCLUDE IF THE OFFER INCLUDED COMMITMENTS TO PERFORM SEISMIC RETROFITS.

• DELETE IF OFFER DOES NOT INCLUDE COMMITMENTS TO PERFORM SEISMIC RETROFITS.

SEISMIC RETROFIT (SEP 2012)

The following requirements apply to leases requiring seismic retrofit:

A. The Lessor shall provide a final construction schedule, all final design and construction documents for the seismic retrofit, including structural calculations, drawings, and specifications to the Government for review and approval prior to the start of construction. When required by local building code, a geotechnical report shall be made available to the Government.

B. The Lessor’s registered civil or structural engineer shall perform special inspections to meet the requirements of Chapter 17 of the International Building Code (IBC).

C. For leases requiring seismic retrofit, the space will not be considered substantially complete until a Seismic Form E - Certificate Of Seismic Compliance - Retrofitted Building, certifying that the building meets the Basic Safety Objective of ASCE/SEI 41, executed by a registered civil or structural engineer, has been delivered to the LCO.

ACTION REQUIRED: WHEN ISSUING AS PART OF THE INITIAL RLP PACKAGE:

• DELETE FOR AREAS OF LOW AND VERY LOW SEISMICITY (GREEN AREAS ON MAP).

• INCLUDE FOR AREAS OF MODERATE, HIGH, AND VERY HIGH SEISMICITY (YELLOW AND RED AREAS

ON MAP).

ACTION REQUIRED: WHEN DRAFTING THE FINAL LEASE:

• INCLUDE IF THE OFFERED BUILDING WILL BE NEWLY CONSTRUCTED.

• DELETE IF OFFERED BUILDING WILL NOT BE NEWLY CONSTRUCTED.

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SEISMIC SAFETY FOR NEW CONSTRUCTION (SEP 2012)

For leases requiring new construction, the space will not be considered substantially complete until the LCO receives the Seismic Form F, Certificate Of Seismic Compliance – New Building. This form must be completed by the civil or structural engineer and certify that the building was designed and constructed in accordance with the appropriate local code.

Attachment 4: RP 8 Exemptions

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Attachment 4: RP 8 Exemptions The table below is taken directly from RP 8:

RP 8 - 1.3 Exemptions The following buildings are exempt from the Standards:

a. All buildings located where SDS < 0.167 g and SD1 < 0.067 g; where SDS and SD1 are the Design Earthquake Spectral Response Acceleration Parameters at short periods and at a 1 second period, respectively, as defined in ASCE-7.

b. All buildings located where SDS < 0.330 g and SD1 < 0.133 g unless designated for an occupancy-based performance objective;

c. Detached one- and two-family dwellings located where SDS < 0.4 g unless designated for an occupancy-based performance objective;

d. Building structures that are intended only for incidental human occupancy or that are occupied by persons for a total of less than 2 hours a day, unless designated for an occupancy-based performance objective;

e. One-story buildings of steel light frame or wood construction with areas less than 280 m2 (3000 ft2), unless designated for an occupancy-based performance objective;

f. Buildings scheduled for demolition;*

g. Buildings in foreclosure;*

h. Non-Federally owned buildings leased by the Federal Government with temporary short-term leases;

i. Non-Federally owned buildings containing a total area leased by the Federal Government of less than 930 m2 (10,000 ft2) where SDS < 0.50 g and SD1 < 0.20 g; or,

j. Buildings designated by the agency as having a remaining useful life of, or fulfilling an agency need for, less than five years.

*Exemptions f. and g. have been reviewed by GSA for leasing purposes. They have been determined to not apply to leased buildings.