Loading...
HomeMy WebLinkAboutResolution - 2003-R0327 - Lease For Office Space At Lubbock International Airpor - 08/28/2003 (2)Resolution No. 2003-RO327 August 28, 2003 Item No. 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a lease, by and between the City of Lubbock and the United States of America, for office space at Lubbock International Airport, and all related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: ICA Jo McGinley Interim Director of Aviation APPROVED AS TO FORM: r y Si Attorney ALS:cp ccdocs/USA Leasexes Aug. 1, 2003 >R Resolution No. 2003—RO327 15337U,S. GOVERNMENT LEASE FOR REAL PROPERTY 1. LEASE NUMBER (Short Form) GS-07B-15338 PART I - SOLICITATIONIDESCRIPTION OF REQUIREMENTS (To be completed by Government) A. REQUIREMENTS The Government of the United States of America is seeking to tease approximately 561 rentable square feet of office apace located in Lubbock, TX for ocwpancy not Islet than April 1, 2003 for a term of 19 months. Rentable space must yield a minimum of 488 square feet of ANSIIBOMA Office Area (previously Usable) for use by Tenant for personnel, furnishing, and equipment. INITIAL OFFERS ARE DUE ON OR BEFORE CLOSE OF BUSINESS ON 931-03, B. STANDARD CONDITIONS AND REQUIREMENTS The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the (3OVERNMENT): Space offered rnusl be in a quality building of sound and substantial construction, either a new, modern building or one that has undergone iestoralion or rehabilitation for the intended use The lessor shall piovide a valid Occupancy Permit for the intended use of the Government and shall maintain and olwaile the building in confomance with all applicable current codes and ordinances. Below grade space to be occupied by the Govemment and all areas in Fir building referred to as 'hazardous areas" in National Fire Protection Associnlion Standard 101, or any successor standard thereto, must be protected by an automalic sprinkler system or an equivalent Iev&I of safety. A minimum of two separate stairways shall be provided for each floor of Government occupancy, Scissor stairs will be counted as one stairway If offered spare is three or more stones above grade, additional egress and lire alarm requirements may apply The B3itddmg and the leased space shall be accessible to workers with disabilities in accordance with the Americans Willi Disabilities Act Accessibility Guidelines (36 CFR Part -1191, App. A) and the Uniform Federal Accessibility Standards (Federal Register vol. 49, No. 153, August 7, 1984, reissuk as FED. STD. 795, dated April 1, 1988, and amended by Federal Property Management Regulations CPR d1, Subpart 101-19.6, Appendix A, 54 FR 12028, March 28,1989). Where standards conflict, the more stringent shall apply The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbeslos management program conforming to Environmental Protection Agency guidance shall be implemented. The space shrill be free of other hazardous materials according to applicable Federal, State, and local environmental regulations. Services, rdililies, and maintenance will be provided daily, extending from 7:00 a.m. to 6:00 p.m. except Saturday, Sunday, and Federal holidays The Government shall have access to the leased space at all times, including the use of electrical services, toilets, lights, elevators, and Government office machines without addilioiial payment. r he Lessor shall complete the alterations within 30 days alter receipt of the approved layout drawings. -X HFAT -X ELECTRICITY BOWER WATER (Hof & Cold) 2 SERVICES AND UTILITIES (To be provided by Lessor as part of rent) 'X INITIAL 6 REPLACEMENT - OTHER x LAMPS, TUBES & (Specify below) BALLASTS PAINTING FREQUENCY x Space (see req) X- SNOW REMOVAL - JANITORIAL SERV. and Frequency (see req) Public Areas supplies n Tr Ire-, rt ra Irnrr rY ill �• nit ., - 1. :.. t tL-:. -af--. . The estimated cool to prepare the space for occupancy by the Government and the offerors proposed amortization rate for tenant ailfteratioi .;GSA Form 3516, Solicilation Provisions -• 1 page; CSA Form 3517A, Gencrol Clauses - 2 pages, GSA Form 351AA, Repreaenlalions and Cerlihcalions - 2 pages; ,; Supplemental Leaso Requnemenls -14 pages; Safety and F..nvimmental Pre -lease Checklist - 2 pages, Lease Rate Breakdown Summary; Legal Desrnplion, Floorpian, City of Lubtxx:k General Clauses - 6 payer; The effeclive date of 9.1-03, in Part 11, Paragraph B, TERM, of this lease is the estimated percupancy date. If the actual date of occupancy rs diffenenl than 9-1.03, Then the actual effective date will be established by Supplemental Lease Agreement to this lease and Itie term will be mod riir d accordingly. Upon acceptance by they Government rental shall be paid based on the rate per square fool. ; Lessor shall complete all alterations, improvemenls, and repairs required by this 1p.ase and deliver the leased premises ready for occupancy by the Government within 30 (Jays following the lease award. The lease award is deemed to be the date the lessor receives the executed lease from the Government. When the lessor has completed all of the alterations and repairs required by this lease contract the lessor shall notify the Conftaciinq Officer who shall promptly inspect the space. Upon the dale of completion of ilia alterations and repairs required by this lease and inspection and acceptance by the C'vviernmenl, the term of the lease shall continence and shall continue for two consecutive years. TRASH REMOVAL -X CHILLFD DRINKING WATER ^X AIR CONDITIONING TOILET SUPPLIES ELEVATOR SERVICE WINDOW WASHING Frequency (see req) CARPET CLEANING NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Governments Geteral Clauses and Representations and Gertibtaliont". A BASIS OF AWARD X THE ACCEPTABLE OFFER WITH THE I.OWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSI18OMA 265.1.199E DEFINITION FOR BOMA USABLE OFFICE AREA, WHICH MEANS 'THF. AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL ANDIOR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTEO." OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATION FACTORS BEING -SIGNIFICANTLY MORE IMPORTANT THAN PRICE APPROXIMATELY EQUAL. TO PRICE -SIGNIFICANTLY LESS IMPORTANT THAN PRICE (Listed in descending order, unless stated otherwisc): INITIALS GENERAL SERVICES ADMINISTRATION dby t A E*SVftR . 9-01) Page 1 of 2 Pr cribed by APO 00.12A PART II - OFFER (To be completed by OfferorfOwned A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT b. NAMk AND ADDRESS OF BUILDING (Include ZIP Code) ( 6, LOCATION(S) IN BUILDING Lubbock International Airport Terminal Building 5401 N. Martin Luther King Blvd. Lubbock, TX 79403 o, FLODR(S) 1 b. ROOM NUMBER(S) e. RE-NYAGLE Sq. FT. a. TYPE 581 >i GENERAL OFFICE WAREHOUSE S. TERM To have and to hold, for the term commencing on April 1, 2003, and continuing through October 31, 2004 Inclusive. .. OTHER (specify) The Govemment may terminate this lease at any time on or after Na by giving at least Ne days notice In writing to the Lessor. (See Part III below)_ No rental shell accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of maping. C. RENTAL Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date, Rent for a period of less then a month shall be prorated. 7. AMOUNT OF ANNUAL RENT $7,564.00 8. RATE PER MONTH $630.33 0. MAKE CHECKS PAYABLE TO (Name and addM a) Director of Aviation Lubbock Intemational Airport Rt. 3 Box 389 Lubbock, TX 79403 100 NAME AND ADDRESS OF OWNER (Inc6ida 21P coda Irrcpuoslod by Ihu Gov&rlmenl &lid the OWIG+r is a pannnrship or joint vcnlure, lial 411 Geatyal PartnG64 using a sopanlo slain/, it narnssury) 101) TELEPHONE NUMBER OF OWNER 11. TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING; 806-775-3126 1 _ OWNER AUTHORIZED AGENT OTHER (3Paily) 12. NAME OF OWNER OR AUTHORIZED AGENT 18. TITLE OF PERSON SICININC Marc McDougal Mayor 14. ; IraNiiUR6 OF OWNER OR AUTH I2ED ENT 15. DATE 16. OFFER REMAINS OPEN UNTIL 4•30 P.M. August 28, 2003 rtmin) — r f ,/ i PART III - AWARD (ro be completed by GoverrimenO Your offer is hereby accepted This award consummates the lease which consists of the following documents: (a) thiE GSA Form 3626, (b) Representations and Certifications, (a) the Government's General Clauses, and (d) the following changes or additions made or agreed to by you: Attachment 1, Supplemental Lease Requirements (14 pages), Attachment 2, Firesarety Prelease Certification Checklist (2 pages); Attachment 3, Lease Cost Breakdown Summary; Attachment 4, Legal Description: Attachment 5, Floorplan; Attachment 6, City of Lubbock General Clauses 6 pages; THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 17a. NAME OF CONTRACTING OFFICER (Type or Pant) 17b. J&GNATURE OF CONTRACTING OPI=IGEN 117c DATE GENERAL SERVICES ADMINISTRATION P--lnF9 GSA Form 3628 (Rev. 9-01) P--h-1 Fw APrt MIn 1?'n LEASE BY AND BETWEEN THE CITY OF LUBBOCK AND THE UNITED STATES OF AMERICA ATTEST: R ecca Garza City Secretary APPROVED AS TO CONTENT: � 0 J�y bRsvl--� )kj J46 McGinley Interim Director of Aviation APPROVED AS TO FORM: Resolution No. 2003—RO327 TRANSPORTATION SAFETY ADMINISTRATION LUBBOCK AIRPORT 1.0 MISCELLANEOUS TERMS AND CONDITIONS 1.1. RENTABLE SPACE (JUN 1994) 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 generally does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts and vertical ducts. 1.2. BOMA USABLE SQUARE FEET (JAN 1997) (a) For the purposes of this solicitation, the Government recognizes the BOMA (Building Owners and Managers Association) International standard (ANSUBOMA Z65.1-1996) definition for Office Area, which means 'the area where a tenant normally houses personnel and/or furniture, for which a measurement is to be computed." (b) BOMA Usable Square Feet shall be computed by measuring the area enclosed by the FINISHED SURFACE of the office side of corridors (corridors in place as well as those required by local codes and ordinances to provide an acceptable level of safety and/or to provide access to essential building elements) and other permanent walls, the DOMINANT PORTION (see Z65.1) (permanent walls which are 50% more than the floor -to -ceiling dimension) of building exterior walls, or a MAJOR VERTICAL PENETRATION and the center of partitions that separate the area being measured from adjoining OFFICE AREA. Where alcoves, recessed entrances, or similar deviation from the corridor are present, BOMA Usable Square Feet shall be computed as if the deviation were not present. (c) Offerors are required to submit plans and any other information to demonstrate that the rentable space Yields BOMA Usable space within the required BOMA Usable range. The Government will verify the amount of BOMA Usable square footage and convert the rentable prices offered to BOMA Usable prices, which will subsequently be used in the price evaluation. Refer to GSA Form 3626 and Attachment #2 for specific space requirements. 1.3. COMMON AREA FACTOR (JAN 1997) If applicable, Offerors shall provide the Common Area Factor (a conversion factor(s) determined by the building owner and applied by the owner to the BOMA Usable Square Feet to determine the rentable square feet for the offered space). 1.4. LOCATION (a) AREA OF CONSIDERATION The space offered must in the Abilene Airport. (b) PARKING REQUIREMENTS A minimum of [ I on -site, outdoor parking spaces are required immediately outside and adjacent to the proposed building. The parking to square foot ratio available on -site must meet current local code requirements. Off -site, public parking and transportation must be located within 3 city blocks of offered building. 'J INITIALS: LESSOR & GOV'T SUPPLEMENTAL LEASE REQUIREMENTS I.S. NEGOTIATIONS (APR 1998) (a) The Government reserves the right to award a lease pursuant to this solicitation based on initial offers. If no such award is made, negotiations will be conducted on behalf of the Government by the GSA Contracting Officer or other authorized representative. The GSA Contracting Officer is named on the second page of the form 3626 included in this solicitation. GSA will negotiate rental price for the initial term, any renewal periods, and any other aspect of the offer as deemed necessary. (b) The Offeror shall not enter into negotiations concerning the space leased or to be leased with representatives of Federal agencies other than the Contracting Officer or designee. (c) The Contracting Officer will conduct oral or written negotiations with all Offerors that are within the competitive range. The competitive range will be established by the Contracting Officer on the basis of cost or price and other factors (if any) that are stated in this solicitation and will include all offers that have a reasonable chance of being selected for award. (d) Offerors will be provided a reasonable opportunity to submit any cost or price, technical, or other revisions to their offers that may result from the negotiations. Negotiations will be closed with submission of "Best and Final" offers. 1.6. PRICE EVALUATION (PRESENT VALUE) (JAN 1997) (a) If annual CPI adjustments in operating expenses are included, Offerors are required to submit their offers with the total "gross" annual price per rentable square foot and a breakout of the "base price per rentable square foot for services and utilities (operating expenses) to be provided by the Lessor. The "gross" price shall include the "base" price. (b) Offerors are required to submit plans and any other information to demonstrate that the rentable space yields BOMA Usable space within the required BOMA Usable range. The Government will verify the amount of BOMA Usable square footage and convert the rentable prices offered to BOMA Usable prices, which will subsequently be used in the price evaluation. (c) If the offer includes annual adjustments in operating expenses, the base price per BOMA Usable square foot from which adjustments are made will be the base price for the term of the lease, including any option periods. (d) Evaluation of offers will be on the basis of the annual price per BOMA Usable square foot, including any option periods. The Government will perform present value price evaluation by reducing the prices per BOMA Usable square foot to a composite annual BOMA Usable square foot price, as follows: (1) Parking areas will be excluded from the total square footage, but not from the price. For different types of space, the gross annual per square foot price will be determined by dividing the total annual rental by the total square footage minus these areas. (2) If annual adjustments in operating expenses will not be made, the gross annual per square foot price will be discounted annually at 8 percent to yield a gross present value cost (PVC) per square foot. (3) If annual adjustments in operating expenses will be made, the annual per square foot price, minus the base cost of operating expenses, will be discounted annually at 8 percent to yield a net PVC per square foot. The operating expenses will be both escalated at 4 percent compounded annually and discounted annually at 8 percent, then added to the net PVC to yield the gross PVC. (4) To the gross PVC will be added: The cost of Government provided services not included in the rental escalated at 4 percent compounded annually and discounted annually at 8 percent. The annualized (over the full term) per BOMA Usable square foot cost of any items which are to be reimbursed in a lump sum payment. (The cost of these items is present value; therefore, it will not be discounted.) (a) The su of either (2) and (4) or (3) and (4), above, will be the per BOMA Usable square foot present value f the offer for price evaluation purposes. INITIALS_ LESSOR & GOV'T SUPPLEMENTAL LEASE REQUIREMENTS For the purposes of this SFO, Equis is the authorized representative of the GSA. However Contracting Officer must execute the lease. Equis will be pursuing any Comm' ould fiavev� been entitled to by common commercial real estate practi fissions shall be payable to the Q Equis in the form of a certified check or electronic funds transfer) due in accordance with H local laws and cu er than the lease commencement date. For purposes of the price rH+ commission shall be treated as a lump sum credit with the procedures established in H 1.8. OPERATING COSTS ADJUSTMENT (a) Beginning with the second year of the lease and each year after, the Government shall pay 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. The negotiated and agreed upon applicable costs listed on GSA Form 1217, items 5-26, Lessor's Annual Cost Statement, will be used to determine the base rate for operating costs adjustment. (b) The amount of adjustment will be determined by multiplying the base rate by the 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 which begins each successive 12-month period. For example, a lease which commences in June of 1985 would use the index published for May of 1985 and that figure would be compared with the index published for May of 1986, May of 1987, and so on, to determine the percent change. The Cost of Living Index will be measured by the U.S. Department of Labor revised Consumer Price Index for wage earners and clerical workers, U.S. City average, all items figure, (1982-84 ;tz 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. 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 lease commencement date. (c) 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. (d) 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 clause. (e) The offer must clearly state whether the rental is firm throughout the term of the lease or if it is subject to annual adjustment of operating costs as indicated above. If operating costs will be subject to adjustment, it should be specified on the "Lease Costs Breakdown Summary", contained elsewhere in this solicitation. (a) Real estate taxes, as referred to in this clause, are only those taxes which are assessed against the building and/or the land upon which the building is located, without regard to benefit to the property the purpose of funding general government services. Real estate taxes shall not includ out limitation, general and/or special assessments, business improvement district assessor , Tany oth present or future taxes or governmental charges that are imposed upon Lessor ssed against th Building and/or the land upon which the building is located. (b) Base year taxes as referred to in this clause are the real esta for the first twelve (12) month *io " coincident with full assessment, or may be an amou otiated by the parties that reflects an a upon base for a fully assessed value of the pro z '-' y >emssor full assessment as ref o in this clause means that the taxing jurisdiction has consider �°� plated improv to the assessed property in the valuation of the same. Partia ts for n nstructed projects or for projects under construction, conversion, or renovation us establishing the Government's base year for taxes. r shall furnish the Contracting Officer with copies of all notices which may affect the valuation d and buildings for real estate taxes thereon, as well as all notices of a tax credit, all tax bills INITIALS: & G�T SUPPLEMENTAL LEASE REQUIREMENTS m a +20 described in the Prompt Payment clause of this lease, GSAR $52.232-71) of the tax adjustment including the calculation thereof, for each year that real estate taxes are incurred during the lease term or any extension thereof. All such documents are due within ten (10) calendar days of receipt except that the proper invoice and evidence of payment shall be submitted within sixty (60) calendar days after the date the tax payment is due from the Lessor to the taxing authority. Failure to submit the proper invoi 514 and evidence of payment within such time frame shall be a waiver of the right to receive payrilgh. resulting from an increased tax adjustment under this clause. (e) The Government shall make a single annual lump sum payment to the Lessor for its sh of any increase in real estate taxes during the lease term over the amount established as the base y r taxes, or receive a rental credit or lump sum payment for its share of any decreases in real estate t s during the lease term below the amount established as the base year taxes. The amount of lump sjh payment or rental credit shall be based upon evidence of valuation and payment submitted by a Lessor to the Contracting Officer in accordance with paragraph (d). (a) In the event of an increase in taxes over the base year, the Lessor shall su it a proper invoice of the tax adjustment including the calculation thereof together with evid ce of payment to the Contracting Officer. The Government shall be responsible for payme of any tax increase over the base year taxes only if the proper invoice and evidence of ent is submitted by the Lessor within sixty (60) calendar days after the date the tax pa nt is due from the Lessor to the taxing authority. The due date for making payment shall be th hirtieth (30"') calendar day after receipt of evidence of payment by the Contracting Officer or the rtieth (30`") calendar day after the anniversary date of the lease, whichever is later. If the lease to inates before the end of a tax year, payment for the tax increase due as a result of this section fo he tax year will be prorated based on the number of days the Government occupied the space. o increase will be paid, due, or owing unless all evidence of valuation and payment have b previously submitted to the Contracting Officer. The Government's payment for its share of al estate taxes shall not include any late charges, interest, or penalties imposed by the taxing thority as a result of the Lessor's delinquency in paying such taxes or charges. 00 WA a. In the event of a decrease in taxes from the ba year, or in the event of any refund or tax deductiA the Lessor shall notify the Contracting Office n accordance with paragraph (d) of this clause. T�11 Government shall be entitled to and shall r ive a credit for the prorata reduction in taxes applical! to the Premises encumbered by this lea , regardless of whether the Government has made a tax payment for that year. The Governme share of the credit will be determined in accordance with paragraph (f) of this clause and sh be taken as a deduction from the rent. Any credit due the Government after the expiration or a ier termination of the Lease (including but not limited to credits resulting from a decrease in tax pursuant to a tax credit due the Lessor; a reduction in the tax assessment; or a tax appeal pr eding for a year of the Lease, or portion thereof) shall be made by a lump sum payment to the G ernment or as a rental credit to any succeeding lease as determined by the Contracting Officer. a Lessor shall remit any lump sum payment to the Government within fifteen (15) calendar days payment by the taxing authority to the Lessor or the Lessor's designee. If the credit due to the overnment is not paid by the due date, interest shall accrue on the late payment at the rate a ablished by the Secretary of the Treasury under Section 12 of the Contract disputes Act of 197 (41 U.S.C. 611) that is in effect on the day after the due date. The interest penalty shall acc a daily on the amount of the credit and be compounded in thirty (30) day increments inclu a from the first day after the due date through the payment date. The Government shall have th ight to pursue the outstanding balance of any tax credit using all such collection methods as a available to the United States to collect debts. Such collection rights shall survive the expiration this lease. (iii) The r irements stated in this paragraph are applicable to each and every year for which the lease is in ect (or portion thereof, dependent upon the expiration date of the lease). A paid tax receipt or of proof of tax payment must be submitted each year. The Government and the Lessor are ually obligated to fully disclose to the other party the amount of debit/credit incurred each tax ssessment year. Should the Lessor fail to submit tax receipts indicating Government credits for preceding years and subsequently submit a tax receipt indicating payment is due the Lessor, the Government is entitled to be furnished copies of paid tax receipts and process all adjustments for the interverDifig period of time between tax receipt submissions by the Lessor. If the credit due to the INITIALS: L SOR & GO SUPPLEMENTAL LEASE REQUIREMENTS out results in a deviation from the amount of material specified. GSA reserves the option of increasing or decreasing the annual rent or making a lump sum payment for the difference. -00 The price per floor mounted duplex electrical outlet The price per wall mounted duplex electrical outlet $ T. The price per floor mounted fourplez (double duplex) electrical outlet $ ca The price per wall mounted fourplex (double duplex) electrical outlet $ CO a The price per floor mounted dedicated electrical outlet a The price per wall mounted dedicated electrical outlet $ The price per floor mounted telephone outlet The price per wall mounted telephone The price per floor mounted da $ The price per wall moun a outlet $ The price per int or $ The price ear foot of office subdividing ceiling -high partitioning $ Th per linear foot of office subdividing slab -to -slab partitioning to $ e price per base feed - electrical (for systems $ The price per base feed - telephoneldata (for systems furniture) $ 1.12. RESTORATION WAIVER The Lessor hereby waives and forever relinquishes any right to make a claim against the Government for waste, damages or restoration arising from or related to any alteration or removal of any alteration by the Government during the term of this lease or any extensions. Alterations may be completed by either the Government and/or the Lessor including initial build out of the leased space and/or any subsequent modifications required during the lease period. At the Govemment's sole discretion, property remaining in leased space after termination of the lease contract will become the property of the Lessor. 1.13. ELECTRONIC FUNDS TRANSFER PAYMENT (APR 1998) (a) Payments under this lease will be made by the Government by electronic funds transfer (EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Contracting Officer or other Government official, as directed. (b) The lessor shall provide the following information: The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (1) Number of account to which funds are to be deposited. (2) Type of depositor account ("C" for checking, "S" for savings). (3) If the Lessor is a new enrollee to the EFT system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. (c) In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified above must be received by the appropriate Government official no later than 30 days prior to the date such change is to become effective. (d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. (e) Lessor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. As AN HES 2.1. HEATING, CONDITIONING AND VENTILATION SYSTEM V4 INITIALS: LE SOR & GOV'T SUPPLEMENTAL LEASE REQUIREMENTS Temperatures shall be maintained between 68°F and 72OF during the heating season and between 740F and 78° during the cooling season in order to maximize tenant satisfaction. These temperatures must 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 be required to start the HVAC equipment early enough in the morning or night in order for the entire space to be at the required temperature at the start of the day without additional cost to the Government. Simultaneous heating and cooling are not permitted. Areas having excessive heat gain or heat loss, or affected by solar radiation at different times of the day, shall be independently controlled. 2.2. ELECTRICAL The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinance. When codes conflict, the more stringent standard shall apply. All receptacles and lighting fixtures shall be installed and coordinated with the tenant buildout. (a) Duplex wall outlets shall be provided on the basis of I per 100 BOMA Usable Square Feet in the office space. If Government varies from this amount, the Lessor and the Government will negotiate the price before proceeding with construction of the Governments leased space. (b) Dedicated special electrical receptacles shall be provided as defined in the additional attachments. Duplex outlets corresponding to said receptacles shall be colored differently from the standard duplex and fourplex outlets, and shall be used only for office copiers and special equipment. Cable shall not be exposed on the finished floor surface. (c) The Lessor may be required to provide separate data, telephone, and electric junction boxes for the base feed connections to Government -provided modular or systems furniture, when such feeds are supplied via wall outlets or floor penetrations. Raceways may be provided throughout the furniture panels to distribute the electrical, telephone, and data cable. The Lessor shall provide all electrical service wiring and connections to the furniture at designated junction points as required. Cluster groups at floor or wall locations shall be provided in accordance with the Tenant Improvement design intent drawings. A set consisting of 1 data junction box, 1 telephone junction box, and 1 electrical junction box shall comprise a cluster group. Each electrical junction shall contain an 8-wire feed consisting of three general-purpose 120-volt circuits with 1 neutral and 1 ground wire, and a 120-volt isolated -ground circuit with 1 neutral and 1 isolated -ground wire. A 20-amp. circuit shall have no more than 8 general-purpose receptacles or 4 isolated -ground "computer" receptacles. The isolated -ground "computer" circuits shall be installed in accordance with the September 21, 1983 edition of Federal Information Processing Standards pub. 94. 2.3. TELEPHONE: DISTRIBUTION AND EQUIPMENT (JAN 1997) Telephone wall outlets shall be provided on the basis of I per 100 BOMA Usable Square Feet. The Lessor shall ensure that all outlets and associated wiring used to transmit telecommunication (voice) service to the workstation will be safely concealed in floor ducts, walls, or columns. Wall outlets shall be provided with rings and pull strings to facilitate the installation of cable. 2.4. TELECOMMUNICATIONS AND ELECTRICAL DISTRIBUTION (a) The Lessor shall be responsible for providing and installing all conduit and electrical wiring from the telecommunications and electrical equipment rooms on each floor to all outlets in Government leased space. 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 outlets shall be provided with rings and pull strings to facilitate the installation of the data cable. The Government shall be responsible for purchasing and installing said cable for tele/data communications. The Government reserves the right to install all telephone switches, vertical and horizontal wiring/cable and equipment for telephone and data. Wiring to or for local area networks may also be provided and installed by the Government's Contractor. (b) Provide commercial grade duplex or fourplex wall or floor receptacles. The maximum number of general purpose duplex receptacles on a 20 amp branch circuit is eight (8), Duplex outlets shall be circuited separately from the lighting. All branch -circuit wiring shall consist of copper conductors. Conductors for branch circuits shall be sized to prevent voltage drop exceeding 3 percent at the furthest receptacle. All tenant outlets shall be marked and coded for ease of wire tracing. All floor outlets must be flush with the plane of the finished floor. INITIALS: LESSOR & GOV'T SUPPLEMENTAL LEASE REOU1REMENTS 2.6. LIGHTING (a) Exterior lighting required for outdoor parking shall be capable of producing and maintaining a uniform lighting level. Exterior light fixtures must be light sensitive for automatic operation of the fixtures. (b) Office areas shall be modem low brightness, parabolic type 2' x 4' or 2' x 2' fluorescent fixtures using no more than 2.0 watts/BOMA Usable square foot shall be provided. Such fixtures shall be capable of producing and maintaining a uniform lighting level of 50 foot-candles at working surface height throughout the space. A lighting level of at least 20 foot-candles at foot level should be maintained in corridors providing ingress and egress to the Government leased space. One to 10 foot-candles or minimum levels sufficient to ensure safety should be maintained in other non -working areas. When the space is not in use by the Government, interior and exterior lighting, except that essential for safety and security purposes, shall be turned off. (c) Building entrances and parking areas must be lighted. Ballasts are to be rapid -start, thermally protected, voltage regulating type, UL listed and ETL approved. 2.6. CEILINGS (SEP 1991) (a) The ceiling grid shall not be included in the cost of the Tenant Improvements. (b) Ceilings must be at least 8'-6" and no more than 11 feet measured from floor to the lowest obstruction. Areas with raised flooring must maintain these ceiling height limitations above the finished raised flooring. The ceiling must have a minimum noise reduction coefficient (NRC) of 0.90 and a minimum Sound Transmission Class (STC) of 40 throughout the Government occupied space. Bulkheads and hanging or surface mounted light fixtures which impede traffic ways shall be avoided. (c) Ceilings must be a flat plane in each room and suspended with fluorescent recessed fixtures and finished as follows unless an alternate finish is approved by the Contracting Officer: (d) Toilet rooms: plaster or pointed and taped gypsum board. (e) Offices and Conference Rooms: mineral and acoustical tile or lay in panels with textured or patterned surface and tegular edges or equivalent quality to be approved by the Contracting Officer. (f) Corridors and Eating/Galley Areas: plaster or pointed and taped gypsum board or mineral acoustical tile. (g) Should the ceiling be installed in the Government demised area prior to the tenant improvements, then the Lessor shall be responsible for all costs in regards to the disassembly, storage during alterations and subsequent re -assembly of any of the ceiling components which may be required to complete the tenant improvements. The Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the alterations. (h) In buildings protected throughout by a sprinkler system meeting the Government's approval, ceilings and interior finishes in areas not part of the normal exit may have flame spread and smoke development limits of 200, in lieu of 25 for flame spread and 50 for smoke development (ASTM e-84). In sprinkler protected exits or enclosed corridors leading to exits, ceilings and interior finishes may be composed of materials having a flame spread rating of 75 or less and a smoke development rating of 100 or less in lieu of 25 for flame spread and 50 for smoke development (ASTM e-84). (i) Ceiling acoustical tiles shall be cleaned. If cleaning is impossible or if the tiles are damaged, they shall be replaced with new tiles (matching existing.) Paint ceiling grid. Painting of acoustical the is not acceptable. 2.7. PAINTING Prior to occupancy all surfaces designated by GSA for painting must be newly painted in colors acceptable to GSA. All painted surfaces, including any partitioning installed by the Government or the Lessor after Government occupancy, must be repainted after working hours at Lessor expense at least every 5 years. This includes moving and return of furniture. Public areas must be painted at least every 3 years. 2.8. DOORS: EXTERIOR (DEC 1992) Exterior doors must be heavy duty, full flush, solid core wood. Wood doors shall be at least 1 3/4 inches thick. Exterior doors shall be weather -fight and open outward, Hinges, pivots, and pins shall be installed in a manner which prevents removal when the door is closed and locked. All door entrances from public corridors, exterior doors and other doors designated by the Government shall be equipped with 5-pin, tumbler cylinder locks and strike plates. All locks shall be master keyed. The Government shall be furnished with at least two master keys for eac lock. INITIALS: LE SOR & GOV'T SUPPLEMENTAL LEASE REQUIREMENTS 2.9. DOORS: INTERIOR (SEP 1991) Doors must have a minimum clear opening of 32 inches by 80 inches. Hollow core wood doors are not acceptable. They must be flush, solid -core natural wood, veneer faced or equivalent finish as approved by th§ Contracting Officer. -4offitsed space. E 2.10. DOORS: HARDWARE H Doors shall have lever door handles or door pulls with heavy weight hinges. All doors shall have corresponding door stops (wall or floor mounted). All public use doors and toilet room doors shall be equipped with kick plates. All door entrances from public corridors and exterior doors shall have automatic door closers. All locks shall be master keyed. The Government shall be furnished with at least two master keys for each lock. 2.11. PARTITIONS: GENERAL Partitions and dividers must be provided as outlined below. Partitioning requirements may be met with existing partitions if they meet the Government's standards and layout requirements. 2.12. PARTITIONS: PERMANENT (SEP 1991) Permanent partitions must be provided as necessary to surround stairs, corridors, elevator shafts, toilet rooms, janitor closets, and the Government -occupied premises from other tenants on the floor. 2.13. PARTITIONS: SUBDIVIDING (JAN 1997) (a) Subdividing partitions shall comply with local requirements. Partitioning must be designed to provide a Sound Transmission Class (STC) of 40. Partitioning shall be installed by the Lessor at locations to be determined by the Government. The partitioning shall extend from the finished floor to the finished ceiiingc Any demolition of existing improvements which is necessary to satisfy the Government's layout shall bd done at the Lessors expense. Partitioning over interior office doors included in the measurement. (b) Partitions may be prefinished or taped and painted. HVAC must be re -balanced and lighting repositioned, as appropriate, after installation of partitions. 2.14. FLOOR COVERING AND PERIMETERS (DEC 1991) ALL FLOORS OF THE OFFICE SPACE SHALL BE COVERED WITH THE EXISTING BUILDING STANDARD CARPET, IF ACCEPTABLE BY THE CONTRACTING OFFICER OR THE CONTRACTING OFFICEWS DESIGNEE. OFFICE AREAS: Prior to occupancy, carpet must cover all office areas partitioned or unpartitioned, including interior hallways and conference rooms. The use of Existing carpet may be approved by the Contracting Officer; however, existing carpet must be shampooed before occupancy and must meet the static buildup requirement for new carpet. TOILET AND SERVICE AREAS: Terrazzo. unglazed ceramic tile, and/or quarry tile shall be used in all toilet and service areas unless another covering is approved by the Contracting Officer. CARPET - SAMPLES: When carpet must be newly installed or changed, the Offeror shall provide the Government with a minimum of 5 different color samples. The sample and color must be approved by GSA prior to installation. No substitutes may be made by the Offeror after sample selection. CARPET - INSTALLATION: Carpet must be installed in accordance with manufacturing instructions to lay smoothly and evenly. CARPET - REPLACEMENT: Carpet shall be replaced during Government occupancy at any time during the lease when: (a) Backing pr underlayment is exposed. (b) There re noticeable variations in surface color or texture. INITIALS: LE SOR & C3 ,T SUPPLEMENTAL LEASE REQUIREMENTS (c) After 5 years of occupancy. Replacement includes moving and return of furniture. 2.16. CARPET: BROADLOOM (SEP 1991) The office space shall be carpeted with broadloom carpet. Any carpet to be newly installed must meet the following specifications: (a) Pile Yarn Content: staple filament or continuous filament branded by a fiber producer (Allied, Dupont, Monsanto, BASF, woolblend), soil -hiding nylon or wool nylon blends. (b) Carpet pile construction: level loop, textured loop, level cut pile, or level cut/uncut pile. (c) Pile weight: 26 ounces per square yard is the minimum for level -loop or textured -loop construction. 32 ounces per square yard is the minimum for level-cut/uncut construction. (d) Secondary back: jute or synthetic fiber for glue -down installation. (e) Density: 100 percent nylon (loop and cut pile) - minimum of 4000; other fibers, including blends and combinations - minimum of 4500. 2.16.CARPET TILE (SEP 1991) Any carpet to be newly installed must meet the following specifications: (a) Pile Yarn Content: staple filament or continuous filament branded by a fiber producer (Allied, Dupont, Monsanto, BASF), soil -hiding nylon. (b) Carpet pile construction: tufted level loop, level cut pile, or level cut/uncut pile. (c) Pile weight: 26 ounces per square yard is the minimum for level loop and cut pile, 32 ounces per square yard is the minimum for plush and twist. (d) Secondary back: PVC, EVA (ethylene vinyl acetate), polyurethane, polyethylene, bitumen or olefinic hardback reinforced with fiberglass. (e) Total weight: minimum of 130 ounces per square yard. (f) Density: 100 percent nylon (loop and cut pile) -- minimum of 4000; other fibers, including blends and combinations -- minimum of 4500. (g) Pile height: minimum of 1/8 inch. (h) Static buildup: maximum of 3.5 KV, when tested in accordance with AATCC-134. (i) Carpet construction: minimum of 64 tufts per square inch. 2.17. WINDOWS (SEP 1991) (a) Office space must have windows in each exterior bay unless waived by the Contracting Officer. (b) All windows shall be weathertight. Opening windows must be equipped with locks. Off-street, ground level windows and those accessible from fire escapes, adjacent roofs, and other structures that can be opened shall be fitted with a sturdy locking device. (c) For safety reasons, windows extending within 18 inches (457 mm) from the floor and located at least 10 feet (3 m) above grade shall be provided with a metal bar or other acceptable alternatives to GSA, on the interior window approximately 3 feet (0.9 m) above floor level, or anti -intrusion devices or break detectors. 2.18.WINDOW COVERINGS (SEP 1991) WINDOW LI DS: (a) All exter' r windows in the office spaces shall be equipped with window blinds. The blinds may be alumin or plastic vertical blinds or horizontal blinds with aluminum slats of 1 inch width or less. The INITIALS: LES OR & GOVSUPPLEMENTAL LEASE REQUIREMENTS use of any other material must be approved by the Contracting Officer. The window blinds must have non -corroding mechanisms and synthetic tapes. Color selection will be made by the Contracting Officer if the building standard window blinds are unacceptable or unavailable. (b) The building standard window blinds and if possible, the existing, currently installed window blinds are to be used. All window coverings shall be cleaned prior to occupancy by the Government. 2.19. WALL COVERINGS PHYSICAL REQUIREMENTS: Prior to occupancy, partitioned offices and open office areas shall be covered with vinyl or polyolefin commercial wall covering or paint as determined on the design intent drawings. REPLACEMENT: During the term of the lease, at the request of the Government, the Lessor shall replace or repair all surfaces designated by the Government. The entire cost to repair, including wall patching and furniture moving, shall be amortized in the remaining term of the lease. The cost of capital shall be negotiated at the time of the request. The Government may elect to pay a lump sum for the improvements. SAMPLES: The lessor is to provide at least 5 samples of each type of wall covering to be installed for selection by the Contracting Officer, if requested. PAINTING: (a) Prior to occupancy all surfaces designated by GSA for painting must be newly painted in colors acceptable to GSA. All wall patching shall be accomplished prior to painting. Surfaces to be painted shall be clean and free from loose particles before applying paint. All wail surfaces to be painted shall receive primer plus two coats of latex semi -gloss enamel paint. All metal surfaces and wood trim shall be painted with oil base semi -gloss enamel. (b) During the term of the lease, at the request of the Government, the Lessor shall repaint all surfaces designated by the Government. The entire cost to repaint, including wall patching and furniture moving, shall be amortized in the remaining term of the lease. The cost of capital shall be negotiated at the time of the request. The Government may elect to pay a lump sum for the improvements. "EMUGMeN so - (a) Within 14 working days after award of the lease contract, the successful Offeror shall submit to the Contracting Officer a tentative construction schedule giving the dates on which the various phases construction will be completed to coincide with the Governments required occupancy date (see p aph entitled "Occupancy Date'). The finalized schedule is to be submitted no later than 28 days award. (b) The schedule is to include timing for completion of design and construction miles s, including but not limited to, (1) submittal of preliminary plans and specifications, (2) submitt other working drawings, (3) issuance of a building permit, (4) completed construction docum , (5) start of construction, (6) completion of principal categories of work, (7) phased completion availability for occupancy of each 0 portion of the Government space (by floor, block, or other ap late category), and (8) final construction completion. e a 2.21. PROGRESS REPORTS E+ After start of construction, the successful 0 shall submit to the Contracting Officer, written progress +_ reports at intervals of 15 calendar days a report shall include information as to percentage of the work'"' y completed by phase and trade, ement as to expected completion and occupancy date, changes v introduced into the work, and at remarks on such items as material shortages, strikes, weather, etc. 2.22. CONSTRUCTION INS ON$ (a) Constructio ections will be made periodically by the Contracting Officer and/or designated technical repres Ives to review compliance with the solicitation requirements and the final working drawings. eriodic reviews, tests, and inspections by the Government are not to be interpreted as resulting in any approval of the Lessor's apparent progress toward meeting the Government's objectives, but are intended to discover any information which the Contracting Officer may be able to call to the Lessor's I f INITIALS: LESSOR & GOV'T SUPPLEMENTAL LEASE REOUIREMENTS INITIALS Gov t Lessor 2.23. FLOOR PLANS AFTER OCCUPANCY Within 30 calendar days after occupancy, one set of one -eighth inch As -Built "Black -Line" Mylar Reproducible full floor plans and two sets of black -line prints showing the space under lease as well as corridors, stairways, and core areas must be provided by the Lessor to the Contracting Officer. The Lessor must also provide the Government with a set of 3.25" computer disks containing the complete architectural drawings of the completed space. The disks shall be formatted in the computer application "Autocad Version 14.0" or later. 3.1. SERVICES, UTILITIES, MAINTENANCE: GENERAL Services, utilities, and maintenance shall be provided by the Lessor as part of the rental consideration. The Lessor must have a building superintendent or a locally designated representative available to promptly correct deficiencies. The Lessor shall ensure that utilities necessary for operation are provided and all associated costs are included as a part of the established rental rate. 3.2. MECHANICAL, ELECTRICAL, PLUMBING: GENERAL 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, 3.3. TOILET ROOMS (JAN 1097) (a) Separate toilet facilities for men and women shall be provided on each floor occupied by the Government in the building. The facilities must be located so that employees will not be required to travel more than 200 feet on one floor to reach the toilets. If public restrooms are provided, this square footage will not be included in the BOMA Usable square foot requirement. Each toilet room shall have sufficient water closets enclosed with modern stall partitions and doors, urinals (in men's room), and hot (set at 105°F, if practical) 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 equipment: (1) A mirror 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 inside face of door to each water closet stall and on several wall locations by lavatories. (4) At least one modem 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 waste receptacle for each water closet stall. (6) Ceramic tile or comparable wainscot from the floor to a minimum height of 4 feet 6 inches. (7) A counter area of at least 2 feet in length, exclusive of the lavatories (however, it may be attached to the lavatories) with a mirror above and a ground fault interrupt type convenience outlet located adjacent to the counter area. 3.4. NORMAL HOURS Services, utilities, and maintenance shall be provided Monday through Friday, 7 a.m. - 6 p.m. The Government shall have access to the space 24 hours a day, 7 days a week. 3.5. JANITORIAL SERVICES (JAN 1997) The Lessor shall provide janitorial services for the leased space, public areas, entrances, and all other common areas and provide replacement of supplies throughout. INITIALS: LE SOR & GOV'T SUPPLEMENTAL LEASE REQUIREMENTS 8:00 a.m. - 6:00 p.m., Monday through Friday. The Lessor shall maintain the leased premises, including outside areas in a clean condition and shall provide supplies and equipment. The following schedule describes the level of services intended. Performance will be based on the Contracting Officer's evaluation of results, not the frequency or method of performance. DAILY: Empty trash receptacles and clean ashtrays. Sweep entrances, lobbies and corridors. Spot sweep ors and spot vacuum carpets. Clean drinking fountains. Sweep and damp mop or scrub toil/aboutth n all toilet fixtures and replenish toilet supplies. Dispose of all trash and garbage generated in oilding. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buors in main corridors, entrances and lobbies, remove carpet stains. Police sidewalks, parking areays. Sweep loading dock areas and platforms. THREE TIMES A WEEK: Sweep or vacuum stairs. WEEKLY: Damp mop and spray buff all resilient floors in toilets. Sweep;jogwalks, parking areas and driveways (weather permitting). MONTHLY; Thoroughly dust office furniture. Completely/,a,,nd/ocuum carpets. Sweep storage space. Spot clearmall wall surfaces within 70 inches of the flooEyEVERY TWO MONTHS:Damp wipe toilet wastepaper receptacles, sors, window sills and frames. Shampoo entrart e carpets. THREE TIMES A YEAR: Dust wall surfaces within 70 inche of the floor, vertical surfaces and under surfaces. Wet mop or scrub garages. TWICE A REAR: Wash all interior and ext r windows and other glass surfaces. Strip and apply four coats of finish to resilient floors in toilets. Strip refinish main corridors and other heavy traffic areas. ANNUAVvenn Wash ablinds and dust 6 months from washing. Vacuum or dust all surfaces in the building of 70 inches or, including light fixtures. Strip and refinish floors in offices and secondary lobbies and corridor carpets in corridors and lobbies. Clean balconies, ledges, courts, areaways and flat roofs. poo carpets in all offices and other non-public areas. AS REQUIRED: Properly maintain plants and lawns, remove snow and ice from entrances, exterior walks and parking lots of the building. Provide initial supply, installation and replacement of light bulbs, tubes, ballasts and starters. 3.6. MAINTENANCE AND TESTING OF SYSTEMS (OCT 1996) (a) The Lessor is responsible for the total maintenance and repair of the leased premises. Such maintenance, such as snow removal, and repairs include 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 Lessors 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 must be done in accordance with applicable codes, and inspection certificates must be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Field Office Manager or a designated representative. '/ W INITIALS: LESSOR & GOV'T SUPPLEMENTAL LEASE REOUIREMENTS r4 0 0 0 m a Q (b) Without any additional charge, the Government reserves the right to require documentation of proper operations or testing prior to occupancy of such systems as fire alarm, sprinkler, emergency generator, etc. to ensure proper operation. These tests shall be witnessed by a representative of the Contracting Officer. 3.7. SECURITY AND ALARM No unauthorized personnel will be permitted in the Government's space at any time. Government space must be self-contained within the building and secured from other space within the building. 3.9. RADON IN AIR (OCT 1996) If space planned for occupancy by the Government is on the second floor above grade or lower, the Lessor shall, prior to occupancy, test the leased space for 2-3 days using charcoal canisters or Electret Ion Chambers to ensure radon in air levels are below the Environmental Protection Agency's action concentration of 4 picoCuries/liter. After the initial testing, a follow-up test for a minimum of 90 days using Alpha Track Detectors or Electret Ion Chambers must be completed. INITIALS: LE SOR & GOV'T SUPPLEMENTAL LEASE REOUIREMENTS Resolution No. 2003-R0327. ATTACHMED7! 2 FIRESAFETY PRELEASE CERTIFICATION CHECKLIST (OFFICE SPACE LESS THAN 10,000 SQUARE FEET; Building Name Lubbock International Airport Terminal Building Street Address 5401 N. M K Blvd City _Lubback State TX Zip Code: 79403- Instructions: Complete the following infiormation that applies to the building being offered for lease by the Government. If building is not yet constructed, complete the form based upon building plans and specifications. The following information applies to: X an exisiting building _a building not yet constructed Building structural support (check one): Combustible (limber, wood, etc.) X Noncombustible (concrete, steel, masonry, etc)- ' Other types of uses present in the building (check all that apply): X Restaurants Laboratories x_ Storage _ Retail Other, list Assembly Vertical openings between two or more floors: Stairs (check one): open X enclosed with doors Shatis(check one): open X enclosed; describe races &.chases enclosed */metal Other (check one): open enclosed; describe None: Sprinklers (check one): X None Corridors only All but corridors and lobbies Total building Other, describe locations: Fire fighting capability (check onc): None Fire extinguishers only Standpipes only X Standpipes and fire extinguishers Fire alarm (check one); None �_ Building alarm without automatic Iire department notification Building alarm with automatic lire department notification Smoke detectors (check one): None All corridors _ Total building Other: describe locations: + r Wall interior Imish in space being ol•Icrcd Iirr (case (check one): J X Painted walls ol'plaster sheeh'ock. nr masonry Wallpaper orvinyl wall eoycrine Cloth or corkboard ` Hardwood panclin- Other: describe: INITIALS2 I Page 2 FIRESAFETY PRELEASE CERTiriCATION CHECKLIST Floor finish in space being offered for lease (thee: one): Carpet Tile Concrete Hardwood X Other, describe: brick Building sizes and layout Approximate outside dimensions of building:. 380 X 13X0, 200 X 220, 130 520 Total ground area of building (square feet): 222, 000 Area of proposed lease (square lect): 561. Total number of floors in buiiding:_ 3 Floor(s) of proposed lease: ground floor Describe building layout, e.g., rectangular, Gshaped, U-shaped, etc.: U—shaped Exits (check one): No stairway; one floor on grade X Stairvays as described in the table below - Place checks in appropriate boxes except for "Distance to Next Stair" column, which should contain a number, measured in feet, indicating the required walking distance to the next exit stair. Stair Stairvay Enclosure Location of Exit Discharge Distance to Next Stair (feet) Open Separated by Inside doors BuildingDirectly to Example X Outside No. i X 120 No. 2 X X 120 No. 3 X X 120 No. 4 .. , uit&'exainple represents an open stair (no doors) which discfiarges inside the building (perhaps into a lobb approximately 120 legit to reach the next exit stair. Note: fire escapes and ladders must not be counted as exit stairs. on must walk Ty Additional information on exits, if any, ..sketch ofbuilding: Asbestos. The building has (check all that apply): No asbestos Asbestos lire proofing or surlacing material Undamaged asbestos floor the 1.1 Asbestos pipe or boiler insulation in good condition X Othcrundanmagcdasbestos, describe: painted surface of exposed concrete beams contains asbestos in Damaged asbestos, describe: Don't know the paint. The infonation provided by the olTeror on this torn, is material facts upon which the Government relies in making an award. The Government has the right to require remedy if there is a misrepresentation. The owner or Authorized Representative certifies that all features arc in operating order and properly maintained. UWNER OR AUTHORIZED REPRESENTATIVE a. TYPED NAME AND A John McGinley Lubbock Int'l Airport Rt. 3 Box 389 Lubb(AiAd in!TRac-md�p 4 0 3 C..SIGNA o. 1 bLEYHt)'�F NO. (including . area code) (806) 775-2036 d. DATE SIGNED Resolution No. 2003-RO327 ATTACHMENT NO. 3 DEPARTMENT OF HOMELAND SECURITY, TSA LUBBOCK,TEXAS RATE STRUCTURE The Lessors rent is composed of the following components: 1. Annual Rental $7,564.00 2. Base Year Service Costs $1,122.00 3. Base Year Realty Tax $ N/A 4. Amortised Buildout $ N/A 5. Shell Rental $6,442.00 (1 minus 2,3,4) Other information: Real Estate Commission $ NA Amount of sf offered 561 RSF Common Area Factor 15% Percent of building occupied by The Government Tax I.D. Number Adjustment for Vacant Space N/A Hourly Rate for HVAC N/A INITIALS Resolution No. 2003—RO327 ATTACHMENT NO. 4 DEPARTMENT OF HOMELAND SECURITY, TSA LUBBOCK, TEXAS LEGAL DESCRIPTION Airport Terminal: BEGINNING at a point that is 2,200 feet north and 350 feet west of the Southeast Corner of Section 28, Block A, Lubbock County, Texas; THENCE 650.00 feet West to a point; THENCE 450.00 feet South to a point; THENCE 300.00 feet West to a point; THENCE 650.00 feet North to a point; THENCE 950.00 feet East to a point; THENCE 200.00 feet South to the point of Beginning. ht IALS Lessor Resolution No. 2003-R0327 ATTACHMENT NO. 5 DEPARTMENT OF HOMELAND SECURITY, TSA LUBBOCK,TEXAS FLOORPLAN 26 '04 —awn INITIALS Gov t Lessor Resolution No. 2003-RO327 Attachment 6 TSA, Lubbock, TX City of Lubbock Texas General Clauses The following clauses are incorporated into that Agreement entitled "U.S. Government Lease for Real Property" GS-0713-15337, by and between the City of Lubbock, Texas (the "Lessor") and the General Services Administration (the "Lessee") 1. HOLDOVER. This Agreement will terminate without further notice when the lease term (or any extension thereof) expires, and if the Lessee holds over the term expires such hold over will not constitute a renewal of the Agreement. If Lessee holds over and continues in possession of the premises after the lease term (or any extension thereof) expires, Lessee shall be considered to be occupying the premises on an at will tenancy, subject to all terms of this Lease. 2. PAYMENTS. All rental payments are due and payable on or before the 20tn day on each month this agreement is in effect and shall be made at the office of the Director of Aviation, Lubbock International Airport, Rt. 3 Box 389, Lubbock, Texas 79403. 3. LESSEE"S DUTY TO REPAIR. Any property of the Lessor or any property for which the Lessor may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted, or which damage or destruction is occasioned by the negligence of Lessee, its employees, agents, servants, patrons or invitees, shall be properly repaired or replaced by the Lessee to the satisfaction of the Lessor's Director of Aviation, or in lieu of such repair or replacement, Lessee shall, if so required by the Director of Aviation, pay Lessor money in any amount reasonable to compensate Lessor for the loss sustained or expense incurred by the Lessor as a result of the loss of, damage to, or destruction of such property. 4. WARRANTY OF NO SOLICITATION. Lessee warrants that it has not employed any person employed by the lessor to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. 5. RULES AND REGULATIONS. Lessor reserves the right to issue through its Director of Aviation such reasonable rules, regulations and procedures for activities and operations conducted on the Airport as deemed necessary to protect and preserve the safety, security and welfare of the Airport and all persons, property and facilities located thereon. INITIALS The Lessee's officers, agents, employees and servants will obey all rules and regulations which may he promulgated from time to time by the Lessor or its authorized agents at the Airport, or by other lawful authority, to ensure the safe and orderly conduct of operations and traffic on the Airport. Lessee shall pay for all licenses, permits, clearances, rights -of -way and other matters, necessary to conduct business insofar as they are applicable to the United States. Lessee shall pay all fees, taxes and charges assessed under State, local or Federal statutes or ordinances insofar as they are applicable to the U n ited States. 6. ADDITIONS, IMPROVEMENTS OR ALTERATIONS. Lessee shall not make, permit or suffer any additions, improvements or alterations to the leased premises which constitute any major structural change or changes without first submitting plans and specifications for such additions, improvements or alterations to the Lessor's Director of Aviation and securing prior written consent from the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the Lessee and, unless such consent provides specifically that title to the additions or improvements so made shall vest in the Lessee, title thereto shall at all times remain in Lessor, and such additions or improvements shall be subject to all terms and conditions of this Agreement provided however, that any trade fixtures installed by Lessee may be removed by Lessee at its expense. The Lessee agrees to hold Lessor harmless from all Mechanic's aid Materialman's Liens arising from any construction, additions, improvements, repairs or alterations affected by the Lessee. Any property installed or added by Lessee which becomes permanently attached to the leased premises shall become the property of Lessor upon termination of this Agreement, provided however, that any trade fixtures installed by Lessee may be removed by Lessee at its expense. 7. ADVERTISING. The Lessee will erect no outdoor advertising or identification signs and will distribute no advertising on the Airport without the prior written consent of the Lessor's Director of Aviation. Said consent will not be unreasonably withheld. However, such prior written consent shall not be required for advertising placed by Lessee with any other party having the right to sell, rent or offer Airport terminal advertising space. 8. LIENS PROHIBITED. The Lessee shall not bind or attempt to bind the Lessor for payment of any money in connection with the construction, installations, alterations, additions or repairs on the leased premises or any Lessee's equipment or facilities located on the leased premises, and Lessee shall not permit any mechanic's, materialsman's or contractors liens to arise against the leased premises or any improvements thereon, or any equipment, machinery or fixtures thereon belonging to the Lessor, and Lessee expressly agrees that it will keep and save the premises and the Lessor harmless from all INITIALS costs and damages resulting from any liens of any character created or that may be asserted through any act or thing done by Lessee. In the event that, as a result of Lessee's actions, any mechanic's lien or other lien or order for payment shall be filed against the leased premises or improvements thereon, or against Lessor -owned property located thereon during the initial term hereof, or during any subsequent extension, Lessee shall defend on behalf of the Lessor, at Lessee's sole cost and expense, any action, suit, or proceeding which may be brought thereon or for the enforcement of such lien or Order. 9. INSPECTION OF LEASED PREMISES. Lessee agrees that the leased premises will be kept reasonably clean and free of all debris and other waste matter. Lessor, acting by and through the Director of Aviation or other designated representative, shall have the right to conduct inspections of the leased premises at all reasonable times to ensure that fire, safety and sanitation regulations and other provisions contained in this Lease are being adhered to by the Lessee. 10. CUSTODIAL AND MAINTENANCE SERVICES. The Lessee shall, at its own cost and expense, maintain the leased premises, in a safe, clean, and presentable condition reasonably free of trash, debris and weeds and consistent with good business practices. Lessee shall repair all damages to said leased premises caused by its employees, patrons or business operations thereon; and shall perform all maintenance and repair to the interior Lessee shall also maintain any drainage structures or other improvements installed for the benefit of Lessee, septic systems, ceilings, floor coverings, locks, doors, overhead doors, specialized ramp doors, and window glass. The Lessor shall, at its own cost and expense, maintain the roof, foundation and structural floors and slabs, and load bearing walls, HVAC and venting systems, and utility connections to the point of disconnect. Lessor shall not however, be responsible for repair to the extent that insurance coverage will provide payment Upon written notice by Lessor to Lessee, Lessee shall be required to perform whatever reasonable maintenance Lessor deems necessary. If said maintenance is not undertaken by Lessee within twenty (20) days after receipt of written notice, Lessor shall have the right to enter upon the leased premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. Lessee shall not, in any case, be required to pay for cost of mitigation, abatement or removal of asbestos not installed by Lessee 11. NO ASSIGNMENT OR SUBLETTING. Lessee will not directly or indirectly assign, sublet, sell, hypothecate or otherwise transfer this Lease or any portion of the leased premises without the prior written consent of Lessor's Director of INITIALS Gov't Lessor 3 Aviation. No such assignment or subletting shall affect Lessee's obligations to make all required rental payments hereunder. 12. EXCLUSIVITY. Lessee's right to conduct business at the Airport shall be nonexclusive. 13. WAIVER. The failure of Lessor to insist in any one or more instance upon performance of any of the terms, covenants or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions, and Lessee's obligation with respect to such future performance shall continue to be in full force and effect. Furthermore, the acceptance of rentals or fees by Lessor after Lessee's failure to perform, keep or observe any of the terms, covenants or conditions of the Lease shall not be deemed a waiver by Lessor of any rights under this agreement. 14. TITLE TO LEASED PREMISES. Lessee agrees that it does not acquire any equity or title to the leased premises as a result of this Agreement and that the properly herein leased shall remain the sole property of Lessor. Lessor grants Lessee a leasehold interest by and through this Agreement. 15. STORED CONTENTS. Lessee agrees to limit the outside storage of any and all materials, components, assemblies and repaired and manufactured products to the leased premises and to control the growth of vegetation and weeds on the leased premises extending outward a distance of ten (10) feet. 16. LIABILITY. With regard to any liability which may arise from the use and/or operation of this facility, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its own agents, servants, and/or employees and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of one of its own agents, servants and/or employees. Neither party is hereby waiving any rights or protection it presently enjoys by reason of any applicable State or Federal law. 17. TERMINATION. This Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised, except as provided herein. This Agreement is subject to termination for the reasons set forth below, provided that thirty (30) days written notice is given to the non -terminating party. Rental due hereunder shall be payable only to 'the effective date of said termination. 18. LESSEE'S RIGHT TO TERMINATE. The Lease shall be subject to cancellation by Lessee upon the occurrence of any one or more of the following events: INITIALS Gov t Lessor A. The permanent abandonment of the Airport as an air terminal. B. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport or any substantial part or parts thereof, in such a manner that substantially restricts Lessee for a period of at least ninety (90) days from operating thereon. C. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport for a period of ninety (90) days. 19. LESSOR'S RIGHT TO TERMINATE. The Lease shall be subject to cancellation by Lessor upon the occurrence of any one or more of the following events: A. The abandonment by Lessee of the premises at the Airport for a period of thirty (30) days or more. 20. REPLACEMENT AFTER DAMAGE. In the event the leased premises are damaged by fire or other accidental cause during the initial term of this Lease so as to become totally or partially untenantable, Lessor shall have the option to restore the premises to their former condition. If Lessor elects to exercise the option to restore the premises, Lessor shall give Lessee notice in writing of its election within thirty (30) days of the occurrence of such damage. If the Lessor elects to restore the premises, the Lessor shall proceed with due diligence and there shall be an abatement of the rent until repairs have been made for the time and to the extent for which the premises, or part thereof, have been untenable. Should Lessor not exercise the option to restore the leased premises, the lease of such untenable portion of the premises shall cease and terminate, effective on the date of damage by fire or other accidental cause. 21. PROPERTY PERMANENTLY AFPLXED TO PREMISES. Any property belonging to Lessee which becomes permanently attached to the leased premises (except trade fixtures) shall become the property of the Lessor upon termination of this Agreement, whether upon expiration of the initial term, any extension thereof, or earlier under any provision of this Lease. 22. VACATION OF LEASE WND OWNERSHIP OF FIXTURES. Within thirty (30) days after expiration or termination of this Agreement, as herein provided, Lessee shall remove any furniture, machinery, equipment, chattels, goods, and other personal property owned or placed by Lessee, in, under, or on the premises, or acquired by Lessee, whether before or during the Lease term and shall restore the Leased Premises to the condition in which they were received, reasonable wear and tear excepted. If Lessee shall fail or neglect to remove said property on or before said expiration or termination of the Agreement, then at the option of Lessor, said property shall either become the property of Lessor without INITIAL compensation therefore, or the Director of Aviation of Lessor may cause such property to he removed at the expense of Lessee, and no claim for damages against the Lessor, or its officers, agents or employees shall be created or made on account of such removal and restoration. 23. SURRENDER OF LEASED PREMISES. The lessee covenants and agrees that at the expiration of the initial term of this Lease, or any extension, or upon earlier termination as provided elsewhere in this Agreement, Lessee will quit and surrender the leased premises and the improvements in good state and condition, reasonable wear and tear expected. 24. NOTICES. Notices to the Lessor required or appropriate under this Lease shall he deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79403. Notices to the Lessee required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to 25. PARTIES ROUND. This Agreement binds, and inures to the benefit of, the parties to the Lease and their respective heirs, executors, administrators, legal representative, successors, and assigns. 26. APPLICABLE LAW. This Agreement is to be construed under Texas law, to the extent not preempted by Federal Law, and all obligations of the parties created by this Lease are performable in Lubbock County, Texas. 27. ATTORNEY'S FEES. Attorney's fees are governed by the Equal Access to Justice Act. 28. PRIOR AGREEMENTS. Both parties hereby agree that this instrument constitutes the final Agreement of the parties and that all other previous agreements, leases and contracts between the parties, which pertain to the property, described herein are hereby declared null and void 29. AMENDMENT. No amendment, modification, or alteration of this Lease is binding unless in writing, dated subsequent to the date of this Lease, and duly executed by the parties. 30. AUTHORIZATION. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of both parties. Further, the parties warrant and represent that the signing authorities have the requisite authority to sign the agreement. INITIALS Go t 1 Lessor I 2. 3 SOLICITATION PROVISIONS (Acquisition of Leasehold Interests in Real Property) 52.252-1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (VARIATION) (SEP 2001) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available or the full text of a solicitation provision may be accessed electronically as GSA Form 3516A at this address: http://www.gsa.gov/Portal/offering.jsp?OID=l 13404 The following provisions are incorporated by reference: GSAR 552.270-1 INSTRUCTIONS TO OFFERORS -- ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY (MARJ 998) FAR 52.222-24 PREAWARD ON -SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) (Applicable to leases exceeding $10 million) GSAR 552.270-3 PARTIES TO EXECUTE LEASE (SEP 1999) FAR 52.233-2 SERVICE OF PROTEST (AUG 1996) GSAR 552.233-70 PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION (SEP 1999) FAR 52.215-5 FACSIMILE PROPOSALS (Applicable only if facsimile proposals are authorized.) FLOOD PLAINS AND WETLANDS (APR 1984) An award of contract will not be made for a property located within a base flood plain or wetland unless the Government has determined it to be the only practicable alternative. non r^MAA ­inr­ nm+� GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) 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 building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 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 the rental payments. 5. 52.252-2 — CLAUSES INCORPORATED BY REFERENCE (VARIATION) (SEP 2001) 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 on the Internet as GSA Form 3517A (Full Text) at hftp://www.gsa.gov/Portal/offering.jsp?OID=l 13404 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 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (Applicable to leases over $25,000.) FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over $500,000.) FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (OCT 2000) (Applicable to leases over $500,000.) GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (SEP 1999) (Applicable to leases over $500,000 if solicitation requires submission of the subcontracting plan with initial offers.) GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (SEP 1999) (Applicable to leases over $500,000 if solicitation does not require submission of the subcontracting plan with initial offers.) INITIALS: LESSOR GOVERNMENT GSA FORM 3517A PAGE 1 (REV 9/01) FAR 52.222-26 EQUAL OPPORTUNITY (FEB 1999) (Applicable to leases over $10,000.) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (Applicable to leases over $10,000.) FAR 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (Applicable to leases over $10,000.) FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over $10,000.) FAR 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) FAR 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Applicable to leases over $2,500.) GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) FAR 52.233-1 DISPUTES (DEC 1998) FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applicable when cost or pricing data are required for work or services exceeding $500,000.) FAR 52.215-12 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: & _ LESSOR GOVERNMEN GSA FORM 3517A PAGE 2 (REV 9/01) REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Annual Rent) 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. SMALL BUSINESS REPRESENTATION (SEP 2001) (a) The offeror represents that it [4 is, [ ] is not a small business concern. "Small' means a concern, including its affiliates, that Is independently owned and operated, is not dominant in the field of operation, and has average annual gross revenues of $15 million or less for the preceding three fiscal years. The North American Industry Classification System (NAICS) code for this acquisition is 531190. (b) The offeror represents that it [ ] is, [✓] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (c) The offeror represents that it [ ] is, [v�is not a women -owned small business concern as defined in 48 CFR 52.219-1. (d) The offeror represents that it [ ] is, [v�is not a veteran -owned small business concern as defined in 48 CFR 52.219-1. (e) The offeror represents that it is, [ is not a service -disabled veteran -owned small business concern as defined in 38 U.S.C. 101(2), 38 U.S.C. 101€1 ), an 48 CFR 52.219-1. 2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable to leases which exceed $10,000.) The Offeror represents that — (a) It [ 4as, [ ] has not participated in a previous contract or subcontract subject either 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 propposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 3. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases which exceed $10,000 and which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror r presents that — (a) It [ Offeror 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 [ 1 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. ) 4. 52.203-11 — CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (Applicable to leases which exceed $100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, 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, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal apppropriated 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 (3) 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. INITIALS: & SS LEOR___ GOVERNMENT GSA FORM 3518A PAGE 1 (REV 9/01) N7 (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. 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 comwith debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,ply 041A, 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. (d) Taxpayer Identification Number (TIN). * TIN: * 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; * Partnership; * Corporate entity (not tax-exempt); * Corporate entity (tax-exempt); (f) Common Parent. * Government entity (Federal, State, or local); * Foreign government; * International organization per 26 CFR 1.6049-4; * Other Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. Name and TIN of common parent: Name TIN 6. OFFEROR'S DUNS NUMBER (APR 1996) Enter number, if known: OFFEROR OR AUTHORIZED REPRESENTATIVE INITIALS: LESSOR Name and Address (Including ZIP Code) GO �NMENT Telephone Number Date August 28, 2003 GSA FORM 3518A PAGE 2 (REV 9/01) 17r_Nr_ AL JCKVIUr-O AUMIIVI7I KM I IUIV PUBLIC BUILDINGS SERVICE LESSOR'S ANNUAL COST STATEMENT IMPORTANT - Read attached "Instructions" """ """ "_.._ _. _...._..._._. _..._ 3. RENTABLE AREA (SO. FT.) 3A. ENTIRE BUILDING 3B. LEASED BY GOV'T 4. BUILDING NAME AND ADDRESS (No., street, city, state, and zip code) SECTION I - ESTIMATED ANNUAL COST OF SERVICES AND UTILITIES FURNISHED BY LESSOR AS PART OF RENTAL CONSIDERATION SERVICES AND UTILITIES LESSOR'S ANNUAL COST FOR FOR GOVERNMENT USE ONLY c (a) ENTIRE BUILDING (b) GOV'T-LEASED AREA A. CLEANING, JANITOR AND/OR CHAR SERVICE 5. SALARIES 6. SUPPLIES (Wax, cleansers, cloths, etc.) 7. CONTRACT SERVICES Window washing, waste and snow removal) B. HEATING 8. SALARIES 9. FUEL ('one) -17 OIL GAS COAL ELECTRIC 10. SYSTEM MAINTENANCE AND REPAIR C. ELECTRICAL 11. CURRENT FOR LIGHT AND POWER (Including elevators) 12. REPLACEMENT OF BULBS, TUBES, STARTERS 13. POWER FOR SPECIAL EQUIPMENT 14. SYSTEM MAINTENANCE AND REPAIR (Ballasts, fixtures, etc.) D. PLUMBING 15. WATER (For all purposes) (Include sewage charges) 16. SUPPLIES (Soap, towels, tissues not in 6 above) W. SYSTEM MAINTENANCE AND REPAIR E. AIR CONDITIONING 18. UTILITIES (Include electricity, id not in C11) 19. SYSTEM MAINTENANCE AND REPAIR F. ELEVATORS 20. SALARIES (Operators, starters, etc.) 21. SYSTEM MAINTENANCE AND REPAIR G. MISCELLANEOUS (To the extent not included above) 22. BUILDING ENGINEER AND/OR MANAGER 23. SECURITY (Watchmen, guards, notjanitors) 24. SOCIAL SECURITY TAX AND WORKMEN'S COMPENSATION INSURANCE 25. LAWN AND LANDSCAPING MAINTENANCE 26. OTHER (Explain on separate sheet) 27. TOTAL $ $ $ SECTION II - ESTIMATED ANNUAL COST OF OWNERSHIP EXCLUSIVE OF CAPITAL CHARGES 28. REAL ESTATE TAXES 29. INSURANCE (Hazard, liability, etc.) 30. BUILDING MAINTENANCE AND RESERVES FOR REPLACEMENT 31. LEASE COMMISSION 32. MANAGEMENT 33. TOTAL $ $ LESSOR'S CERTIFICATION -The amounts entered in Columns (a) and (b) represent my best estimate as to the annual costs of services, utilities and ownership. 34. SIGNATURE OF ❑ OWNER ❑ LEGAL AGENT TYPED NAME AND TITLE SIGNATURE DATE 34A. 34B. 34C. 35A. 35B. 35C. GSA DC 65-2361 GSA FORM 1217 INSTRUCTIONS FOR LESSOR'S ANNUAL COST STATEMENT GSA FORM 1217 In acquiring space by lease, it is the established policy of GSA to enter into leases only at rental charges which are consistent with prevailing scales in the community for comparable facilities. ITEM NUMBER by the Government is not furnished throughout the building, or the cost of a service or utility furnished to 1. Enter the Government lease or Solicitation for Offers the Government space exceeds the cost of the same number, if available. service or utility furnished to other rented space, explain on a separate sheet. For convenience, each 2. Enter the date that your statement was prepared and major category has been divided into separate items signed. such as salaries and supplies so that they may be entered when applicable. However, in the event that 3. A. Enter in this block a computation of the rentable area your records are not maintained for each item (multiple tenancy basis) for the entire building. The contained in Section I, 5 through 26, the total for a rentable area shall be computed by measurement to major category (A through F) may be entered under the inside finish of permanent outer building walls to the category heading in columns (a) and (b) in lieu of the inside finish of corridor walls (actual or the speck items. System maintenance and repairs proposed) or to other permanent partitions, or both. includes the annual cost of such items as oiling, Rentable space is the area for which a tenant is inspecting, cleaning, regulating, and routine charged rent. It is determined by the building owner replacement costs. 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. SECTION 11 Floor service areas typically include restrooms, ESTIMATED ANNUAL COST OF OWNERSHIP EXCLUSIVE janitor rooms, telephone closets, electrical closets, OF CAPITAL CHARGES and mechanical rooms. The rentable space generally does not include vertical building Items 28 through 32 will be useful in the Government's penetrations and their enclosing walls, such as determination of the fair market value of the space to be rented stairs, elevator shafts, and vertical ducts. and shall be completed irrespective of whether Section 1 is applicable, as follows: B. Enter in this block a computation of the rentable area to be rented to the Government. For this area, follow 28. Include all applicable real estate taxes imposed upon the procedure as outlined above, except that the property. measurements are to be made only to the center of the partitions which separate the area to be rented 29. Enter the annual cost of fire, liability, and other by the Government from adjoining rented or rentable insurance carried on the real estate. areas. 30. Enter the annual cost of wages, materials, and 4. Identify the property by name and address. outside services used in repairs and maintenance of the building itself and all similar repairs and maintenance costs not included in Section I above (Heating, Electrical, Plumbing, Air Conditioning, and SECTION I Elevators). This includes major repairs and changes ESTIMATED ANNUAL COST in the nature of a permanent improvement such as OF SERVICES AND UTILITIES annual cost to replace relatively short-lived items such as boilers, compressors, elevators, and roof 5. - 26. The services and utilities listed in this section are coverings. required in most of our rented space whether furnished by the Government or the Lessor. 31. Enter any lease commission which you may be responsible for due to the Government leasing Carefully review the Solicitation for Offers and/or the action. proposed lease to identify those services and utilities to be furnished by you as part of the rental 32. Include administrative expenses such as agency consideration. Then enter your best cost estimate, fees, legal fees, auditing, and advertising. Do not or the actual cost from the previous year, for each of include financial charges such as income or these services and utilities in column (a) for the corporate taxes or organization expense. entire building and in column (b) for the area to be rented to the Government. If any service or utility 34./35. Complete Lessor certification. furnished for the space rented