S02 RLP AMEND Revised RLP and Lease Language.pdf

Attachment 1 – LA-20-10

Note: The following reflects use of the Global Lease Template (Form L100).

LCOs must adjust their RLP amendment for other models as appropriate. New language is highlighted.

Revised July 2020

Revised RLP Language:

NOTE: IF SEEKING OFFERS THAT ARE NOT FULLY-SERVICED, REVISE REFERENCES TO “FULLY SERVICED LEASE

RATE” UNDER SUB-PARAGRAPH B.1, AS MACRO WILL NOT CHANGE THIS TEXT.

PRICING TERMS (JUL 2020)

Offeror shall provide the following pricing information with its offer:

F Additional rent, expressed as a rate per ABOA and per RSF per year, to provide the additional “Routine Cleaning and Disinfecting Requirements for the Premises” as described under the paragraph “Janitorial Services.” This rent component is not subject to CPI operating costs adjustments. The Government reserves the right to cancel this routine disinfecting service and reduce the rent accordingly. This rate shall be entered on the submittal form entitled Rate for Routine Cleaning and Disinfecting Services.

AAAP procurements will use this alternative language:

PRICING TERMS (AAAP VARIATION (JUL 2020))

B.

2. Shell rent. The shell rental rate shall include, but is not limited to, property financing (exclusive of TIs and BSAC), insurance, taxes, management, and profit, for the Building. The shell rental rate shall also include all basic Building systems and common area buildout, including, but not limited to, base Building lobbies, common areas, and core areas, exclusive of the ABOA Space offered as required in this RLP. All improvements in the base Building, lobbies, common areas, core areas and Space, made to come into compliance with the Lease, shall be provided by the Lessor, at the Lessor’s expense. For offer and evaluation purposes, Offerors shall include the following as part of the Shell rent:

Additional rent to provide the “Routine Cleaning and Disinfecting Requirements for the Premises,” as outlined under the lease paragraph “Janitorial Services.” This rent component is not subject to CPI operating costs adjustments. The Government reserves the right to cancel this routine disinfecting service and reduce the rent by the amount set forth in the offer entitled Offeror’s Rate for Routine Cleaning and Disinfecting Requirements. Offerors will be asked to break down this portion of the rent in a separate submittal entitled Rate for Routine Cleaning and Disinfecting Services - AAAP. See sub-paragraph B of Paragraph 3.06 Additional Submittals (AAAP Variation).

Revised Lease Language:

ACTION REQUIRED: ADJUST THE RENTAL RATES IN THE TABLE TO REFLECT THE RENTAL RATES OF THE LEASE AND ADJUST THE TIA AND BUILDING SPECIFIC AMORTIZED CAPITAL (BSAC) AMORTIZATION. ADD ADDITIONAL TABLES AS

NECESSARY FOR MULTIPLE STEP RENTS.

TABLE DEFAULTS TO TI AND BSAC RENT DROPPING AFTER FIRM TERM.

NOTE: THE INCLUSION OF THE AMORTIZED TI AND BSAC CANNOT CAUSE THE FULLY-SERVICED RENT TO EXCEED THE HIGH END OF THE MARKET, IN WHICH INSTANCE AN RWA IS NEEDED TO FUND THE EXCESS.

NOTE FOR TI TURNKEY PRICING: CONFIRM WHETHER THE TENANT IMPROVEMENT COSTS LISTED IN THE PROPOSAL EXCEED THE AGENCY’S AUTHORIZED TI TIER. IN ACCORDANCE WITH PRICING POLICY, TI COSTS IN EXCESS OF THE TIER CANNOT BE AMORTIZED INTO THE RENT UNLESS A DEVIATION IS GRANTED BY PORTFOLIO. IF THE TI COSTS EXCEED THE AUTHORIZED TIER, THE LEASING SPECIALIST MUST EITHER GAIN APPROVAL TO INCREASE THE TI ALLOWANCE, OR OBTAIN AN RWA FOR THE EXCESS TI COSTS. IN ADDITION, THE 1364 MUST BE REVISED TO REFLECT TO LOWER TI PRINCIPAL AND RENT RATE. INCLUDE LUMP SUM PAYMENT LANGUAGE UNDER SECTION 7.

NOTE FOR TIA AND/OR BSAC PLACEHOLDER ESTIMATE PRICING: IF THE ACTUAL POST-AWARD TI OR BSAC PRICING IS LESS THAN THE ALLOWANCE/PLACEHOLDER ESTIMATES STATED BELOW, THEN THE FINAL TI AND/OR BSAC RENT, AS REFLECTED IN THE LEASE TERM COMMENCEMENT LEASE AMENDMENT, MUST BE ADJUSTED DOWNWARDS IN ACCORDANCE WITH THE TERMS OF THE LEASE. THE AMOUNT OF REDUCTION CANNOT BE USED TOWARDS ANY OTHER RENTAL COMPONENT (E.G., SHELL CREDIT). ALSO, THE TI ALLOWANCE MAY NOT BE INCREASED THROUGH

THE USE OF WARM-LIT SHELL CREDITS.

RENT AND OTHER CONSIDERATION (JUL 2020)

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 RENT

$XXX,XXX.XX $XXX,XXX.XX

OPERATING COSTS

$ XXX,XXX.XX $ XXX,XXX.XX

TENANT IMPROVEMENTS RENT

3 $ XXX,XXX.XX $0.00

BUILDING SPECIFIC AMORTIZED CAPITAL

(BSAC)

$ XXX,XXX.XX $0.00

PARKING

$ XXX,XXX.XX $ XXX,XXX.XX

ROUTINE CLEANING & DISINFECTING

SERVICES

$ XXX,XXX.XX $ XXX,XXX.XX

TOTAL ANNUAL RENT $XXX,XXX.XX $XXX,XXX.XX

Shell rent calculation:

(Firm Term) $XX per RSF multiplied by the RSF stated under Paragraph 1.01 (Non Firm Term) $XX per RSF multiplied by the RSF stated under Paragraph 1.01

Operating Costs rent calculation: $XX per RSF multiplied by the RSF stated under Paragraph 1.01

Tenant Improvements of $XX are amortized at a rate of X percent per annum over XX years.

Building Specific Amortized Capital (BSAC) of $XX are amortized at a rate of X percent per annum over XX years

Parking costs described under sub-paragraph B below

Routine disinfecting rent described under sub-paragraph L below

L. ACTION REQUIRED: FILL IN NEGOTIATED AMOUNT FOR THE ROUTINE CLEANING AND DISINFECTING

SERVICES AS OUTLINED UNDER THE PARAGRAPH “JANITORIAL SERVICES.”

The Lessor shall provide routine cleaning and disinfecting services, as outlined under sub-paragraph N of the paragraph entitled “Janitorial Services,” at a rate of $X.XX per rentable square foot. The Government reserves the right to issue notice to unilaterally cancel the routine cleaning and disinfecting at any time during the Lease term and, in such a case, the rental rate will be reduced by this amount. This reduction shall occur after the Government gives 30 calendar days notice to the Lessor and shall continue in effect until the Lease expires or is terminated.

JANITORIAL SERVICES (JUL 2020)

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 following schedule describes the level of services intended. Performance will be based on the LCO’s evaluation of results, not the frequency or method of performance.

A. Daily. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Spot sweep floors, and spot vacuum carpets.

Clean drinking fountains. Sweep and damp mop or scrub restrooms. Clean all restroom fixtures, and replenish restroom supplies.

Dispose of all trash and garbage generated in or about the Building. Wash inside and out or steam clean cans used for collection of food remnants from snack bars and vending machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors, entrances, and lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways. Sweep loading dock areas and platforms. Clean glass entry doors to the Space.

B. Three times a week. Sweep or vacuum stairs.

C. Weekly. Damp mop and spray buff all resilient floors in restrooms and health units. Sweep sidewalks, parking areas, and driveways (weather permitting).

D. Every two weeks. Spray buff resilient floors in secondary corridors, entrance, and lobbies. Damp mop and spray buff hard and resilient floors in office Space.

E. Monthly. Thoroughly dust furniture. Completely sweep and/or vacuum carpets. Sweep storage Space. Spot clean all wall surfaces within 70 inches of the floor.

F. Every two months. Damp wipe restroom wastepaper receptacles, stall partitions, doors, window sills, and frames.

Shampoo entrance and elevator carpets.

G. Three times a year. Dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces. Clean metal and marble surfaces in lobbies. Wet mop or scrub garages.

H. Twice a year. Wash all interior and exterior windows and other glass surfaces. Strip and apply four coats of finish to resilient floors in restrooms. Strip and refinish main corridors and other heavy traffic areas.

I. 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. Vacuum all draperies in place. Strip and refinish floors in offices and secondary lobbies and corridors. Shampoo carpets in corridors and lobbies. Clean balconies, ledges, courts, areaways, and flat roofs.

J. Every two years. Shampoo carpets in all offices and other non-public areas.

K. Every five years. Dry clean or wash (as appropriate) all draperies.

L. As required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters. Provide and empty exterior ash cans and clean area of any discarded cigarette butts.

M. 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).

ACTION REQUIRED: OBTAIN AND NEGOTIATE A SEPARATE RENTAL RATE FOR THE SCOPE OF WORK BELOW. RATE WILL ALSO BE USED FOR A RENTAL REDUCTION IN THE EVENT THE GOVERNMENT CANCELS THIS ADDITIONAL ROUTINE CLEANING AND DISINFECTION SERVICE. AT LEASE AWARD, INSERT FINAL NEGOTIATED REDUCTION

AMOUNT UNDER THE PARAGRAPH “RENT AND OTHER CONSIDERATION” FOUND IN SECTION 1.

N. Routine Cleaning and Disinfecting Requirements for the Premises.

The Lessor shall wipe down daily all solid, high contact surfaces in Building common areas (defined here as those areas used or accessed by the Government’s employees and visitors), and within the leased Space, using a disinfectant from the EPA-registered list of products identified as effective against Novel Coronavirus SARS-CoV-2 (https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2), or other products containing the same active ingredient(s) at the same or greater concentration than those on the list. Cleaning staff shall use products in accordance with directions provided by the manufacturer.

Cleaning staff shall wear disposable gloves (e.g., latex, nitrile, etc.), facemasks, and any additional personal protective equipment (PPE) as recommended by the cleaning and disinfectant product manufacturers. Disinfection application and products should be chosen so as to not damage interior finishes or furnishings.

Examples of solid, high contact surfaces in Building common and high traffic areas include, but are not limited to, handrails, door knobs, key card scan pads, light switches, countertops, table tops, water faucets and handles, elevator buttons, sinks, toilets and control handles, restroom stall handles, toilet paper and other paper dispensers, door handles and push plates, water cooler and drinking fountain controls. It does not include agency owned equipment such as desks, telephones, computers, keyboards, docking stations, computer power supplies, and computer mouse, personal fans and heaters, desk lighting, etc. Disinfected surfaces should be allowed to air dry.

The Government reserves the right to issue notice to unilaterally cancel this routine cleaning and disinfecting at any time during the Lease term and, in such a case, the rental rate will be reduced by the amount specified for “Routine Cleaning and Disinfecting Services” under lease clause “Rent and Other Consideration.” This reduction shall occur after the Government gives 30 calendar days notice to the Lessor and shall continue in effect until the Lease expires or is terminated.

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2 https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2