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Home My WebLink AboutResolution - 2014-R0253 - Lease Agreement - DHS ICE - 07/24/2014RESOLUTION BE IT RESOLVED BY TI IE CITY COUNCH. OFTHE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and oil behall'of the city of"Lubbock, a Lease Agreement by and between the City of Lubbock and the government of the Linitcd States of Arnerica, by and through the Department of Homeland Security—U.S. Immigration and Customs Enforcement, and related documents. Said Lease Agreement is atutched 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 COLIFICil t1lis24th day of July CITY OF 1,UB130CK.,;FEXAS C. ROBERTSON, MAYOR ,'rms'r: RPeb eca Garza, City Secretary U APPROVED AS TO CONTENT: Mark tlrtivoa. Chief Information Officer APPROVED AS TO FORM: 7 Laura matt, Assistant City Attorney Resolution - Lease Agint COLDI IS -ICE OTO 1. 1 .4 ,2014. Contract 11948 U.S. GOVERNMENT LEASE FOR REAL PROPERTY 1. LEASE NUMBER (Short Form) L14CIO1001706 PART I - SOLICITATIONIDESCRIPTION OF REQUIREMENTS (To be completed by Government) A. REQUIREMENTS The Government of the United States of America is seeking to lease tower and shelter space in Lubbock, TX. 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 Government): 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 asbestos management program conforming to Environmental Protection Agency guidance shall be Implemented. The premises shall be free of other hazardous materials according to applicable Federal, State, and local environmental regulations. The Government and their agents or representatives shall have access to the leased space at all times, Including the access and use of electrical and telephone services Without additional payment (except as may be provided hereinafter). The Government reserves the right to furnish, install, and maintain all equipment as set forth in Exhibit B — Communication Site Technical Specification Sheet. The Lessor has the right to review all equipment before installation. Utilities will be provided as noted below: 2. SERVICES AND UTILITIES (To be provided by Lessor as part of rent) ❑ HEAT ❑ TRASH REMOVAL ❑ ELEVATOR SERVICE ❑ INITIAL d REPLACEMENT 0 OTHER 0 ELECTRICITY ❑ CHILLED DRINKING WATER ❑ WINDOW WASHING LAMPS, TUBES a BALLASTS (Specify below) ❑ POWER (Special EgWp.) ❑ AIRCONDmONING Frequency ❑ PAINTING FREOUENCY El EOUIPMENT SHELTER ❑ WATER (Hot 3Celd) ❑ TOILETSUPPLIES ❑ CARPET CLEANING Space ❑ SNOW REMOVAL ❑ JANRORIAL SERV. & BUFF. Fregmwy Public Areas 3. OTHER REQUIREMENTS • The Lessor certifies this Lease is the primary Lease for this site. Lessor shall disclose any other Lease Agreement taking precedence over this Lease. • Owner/Lessor shall submit property ownership evidence In the form of a title deed, and/or other legal/officlai form acceptable to the Government prior to Government's Lease Award (or Lease Assignment). • As provided by the Federal Tort Claims Act (28 USC 2671, et.seq.), the Government Is responsible for damage caused by a negligent act or omission on the part of any Federal employee or agent acting within the scope of his/her employment. • Rent payments shall be processed by the Government to be paid monthly, in arrears, and in accordance With 31 U.S.C. § 1341, 41 U.S.C. § 11 and federal law, Government liability under this lease and every Article herein Is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. Nothing in this Lease may be considered as Implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. • Nothing herein shall require the Government to perform any act or to not act, I.e., an omission, In a manner, which would constitute a violation of law or federal fiscal policy. Lessor further acknowledges that no Government officer has the authority In law or the ability In fact to waive certain government rights. e.g., rights relating to or involving sovereign Immunity or rights pertaining to personal property. • Should the Government hold over the expiration of the primary term, or any extension thereof, such tenancy shall be from month-to-month on all terms, covenants and conditions of this Lease, provided adequate appropriations are provided by Congress for the payment of rentals. • The following are attached and made a part hereof: GSA Foml(s) 35178 and 3518A, Exhibit A — Lease Payment Schedule, Exhibit B — Communication Site Technical Specification Sheat, Exhibit C — Tower and Site Drawings. • The Lessor must have an active registration in the System For Award Management (SAM) via the Internet at hHos:htvww.sam.aov/at or prior to Lease award and throughout the life of the Lease -ter . To remain active, the Lessor is required to update or renew its registration annually. The Government will not process rent payments to Lessor without an active SAM Registration. NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere In this solicitation, Including the Government's General Clauses and Representations and Certifications. 4. BASIS OF AWARD O The acceptable offer with the lowest price per square foot, according to the ANSI/ROMA Z65.1-1996 definition for BOMA usable office area, which means 'the area where a tenant normally house personnel and/or furniture, for which a measurement is to be computed. O Offer most advantageous to the Government. with the following evaluation factors being: 0 Significantly more important than price O Approximately equal to price O Significantly less important than price O (Listed In descending order, unless stated otherwise): 0 Radio coverage/locallon. Law enforcement site sensitive. GENERAL SERVICES ADMINISTRATION GSA Form 3626 (Rev. 10.96) Page 1 of 2 Prescribed by APD 2e00.12A PART H - OFFER (To be completed by Offmor/Ownar/Laeaorf A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT S NFMEAIOAWRESSOF BIALpXG (MtluMWCabJ S. LOCATgN(5) IN SURGING City of Lubbock Sunrise Tower • ftOJry6I b, RWM MENS) 301 E. 233 St. Lubback, TX 79403 c RENTANESa FT. a. W TE LAT: 333414.1 3 LOT: 10148-08.3W NW ❑ GENERALOFFICE m OWER(SMI ❑ WAREHOUSE Tower space and shelter for repeaters TERM The Initial term of this lease shall be for Ova (5) years, commencing on July 1, 2014 and continuing through June 30, 2019. The Government may extend the term for up to three (3) renewal pedod(s) of Ove (5) yei each by providing at least sixty (60) days written notice to the Leeaor prior to Na expiration of the current term. The Government may terminate this laws by giving at least 120 days notice In writing to the Lessor. No rental shall accme alter the effective date of termination. Sad notice si be computed commencing with the day after Ne date of mailing. RENTAL Rent shall be payable In aoears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 151" day of the month, the Initial rental payment shall be due on the first workday of the second month fallowing the commencement date. Rent for a period of lass than a month shall be prorated. The rent shell be Increased annually by an amount equal to three percent (3%). T. AMOUNT OF ANNUAL HEW 9. GMENMENTELEC1RO CPAWEN3T OFFERERMNEw ESWkfNamer4sWesfJGEn5F.Y61 $13,500.00 City of Lubbock Attn: Office of Accounting P.O. Box 2000 Lubbock, TX 79457 6. RATE PER mwM $1,125.00 foe. NAME AND ADDRESS OF ONNER f 2W mG. l/,puetk00y nM Gowmmml eN IM owrer 4 e pa,menN n vaihw, lel tll Gereml Pnlmn n upw Me41f J. See Form 35 A, SSGdOn(s) 6 — 9. CITY OF ATTEST: Re ecc Garza, City S r terry G 0 RTSON IW.I etIOIENUMBEROFOWNER It, TWEOPINTENESTINPROPERTy OFFER50NSIGNING �ONNER ❑ AUTHORIZED AGENT ❑ O1HER(SpolyJ 13. NAME OF ONNEROR AUTHORIZED AGENT ter. TITLEOFPERSONSIGNING 14. SIGNATUREOf OWNERpUUTHORUJIDAGENT 16. DATE 16. OFFERREMAINSOPENUNT14:3a P.M. WA m.l PART III - AWARD (To be comple dby Government) Your offer is hereby accepted This award consummates the lease which consists of the fdloNing documents: (a) this GSA Form 3628. (b) GSA Form 35178- General Cieuses, (c) GSA Farm 3518A - Representations and CerliOcatlons, (d) Exhibit A - Lease Payment Schedule, (a) Exhibit B - Communlcation Site Technical Specification Sheet, (f) Exhibit C -Tower and Site Drawings THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 9a NAME OFCONiMCTING OrFICER(ryp wPni 17b. SIGNATUREOFCONTRACTNGOFFWER p<. DATE Garry L. Branch GENERAL SERVICES ADMINISTRATION GSA Form 3828(Rev.1O ) Page 2 of 2 P'a`"Oe0 wOPp APPROVED AS TO CONTENT; APPROVED AS TO FORM: ,.t4 Mark Yearwood,Chief Informat'on £icer ASSiSt'any City Attorney Lease No. L I 4CIO 100 1706 EXHIBIT A Lease Payment Schedule Lease Term Annual Rent Monthly Rent July 1, 2014 June 30, 2015 $13,500.00 $1,125.00 July 1 2015 June 30 2016 $13,905.00 $1,158.75 July 1 2016 June 30 2017 $149322.15 $1,193.51 July 1 2017 June 30 2018 $14,751.81 $1,229.32 July 1, 2018 1 June 30, 2019 $15,194.37 $1,266.20 Lease No. L14CIO1001706 EXHIBIT B 1w.�M.n wmep.Wemmwn) rMbw4+bmmsx,nw�.w'»I1..w�m m} RcaY a JMma� fwYvl Wh1YLL1%YY, WpKnmM.ulLnront ... WiAVW Wf NFW mUs MSI. M1v. e. pyyy�m .vn¢. 1�g3,'xvrmSu.vma3nP,: 'uyH �Wl.luuu a0v�av N-nu�11 11 d.1�IptlrNtW.m NISB W.NRwsnu W.nnrm 9iA18 A . r.l.mron aurm.r.re w.. w+.u.owro �snaov ..�wwnm+.ro 1mnr..Aa1s . 1w�'nr.ma�.,„., mm Al, waw naml.w} Wn. nTER my +� Sueelrv. nw.un.w � w.ww� M. w,uurxr Srm 1�Sl w�rlul..mrvm.� sn.mu EXHIBIT Lease No. L14CIO1001706 .P l f00 MP l MOTPRM3 6001PPIM4 fOOf PRkT6 MOTMIM6 NUI IY 1 i.w em Pm mllWn .bm rYI1Xu VM J M. ML WLIwD _TM M' Y .Nww �w ml n� {n n.van.u4 YIItM W6'YN oVl oa wa w,n�wl .w'nlw+wi w..ua� wa ewlP�wu�t.we.rnzuwbmr®.nww Ma xMwlaw4wn.wmw.. wa InMruwrurcmYrtt .P l f00 MP l MOTPRM3 6001PPIM4 fOOf PRkT6 MOTMIM6 J Lease No. L14CIO1001706 EXHIBIT B ANTENNA EQQIMIEW SPECIFICATIONS rQIRPM1iV r wm- OW -41 'NSTAf2AMM STATIN Ik^-1 RM IL IN" R A(M. (n) Sio 1Q(nnmm &MI NT IITtI1ff (n) $XI mpO M.WTaa"tlym S+NAM IMOM131T MANIMAMIR(A Anb- EQUU%GM MtJDM 8 I1p6161W IQttWMIM DAM7`'aKM(IGWaM) ldkMtM lob n IotAn> 2]1•x3` FiAviMIfNr%muifT(pr Wm. bu) $1 IM IMAPMI:YT QIIANITIY I A7DRnlt3/MtRMCIHNofRAOIAM)N(JrVm) It n'ISu40MO—jr 31O tY.ioRM'11 AYIMIIIII ISICIO)L I o'LVYaM.W NA TX txwt73.Y:Y (Io 1611') 172 MIIJ My RX MMQui-wev (n Mlle) 162 Mlle P.440 4'R.4m l uahm=keneN norm"? No ANIIW NA OMN (Ilm) 7.6 M)rAL•oflmrS k Nwmm iat l p I IJNIiQIY. M IAM AYI3t%Vnl I SIY'IOXI. iA •}g13' WA LOM TYM OL'P 1I4 4.0,113, ONIMBIllk I RTLL 1•IH' 'R1wvm Wuww2Tr(Lf.Wk4w) N'A EXHIBIT C Andrew D9616E-BC mounted at 510' d Has. In N Fermin Lease No. L14CIO1001706 SR. Name: Lubbock Sumba, Tower Owner. Gty of Wbbock Site 911 Address: 301 E. 33rd St Lubbock, TX 79403 Lateade Longitude 33-34-14.IN 101<9.0g.3W 520' proppsad Antenna Weather Haed EM Height Tammneled in N Meb Sheller And. LDF4 N Use, toga ¢Ris 1 g ea. CATS cables Weather/ ' l 'Polypiuser 1G 5ulN C4 Demercabpn RF Ora ds AC. GmuM BU6 ICE�Prcnitled Cabinet -o 0 0 0 E m 0 z D n 0 rn N 0 rn z c� 0 O x O O Q 0 -v 0 c z 0 z 0 G7 m z m a 0 EXHIBIT C 19 O D m O-Dx g -o of 002 z�O a 10 C4 0 0m `4 m Mrn O m Lease No. L14001001706 ASPEN AVENUE Lease No. L14CIO1001706 GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) CATEGORY CLAUSE NO. 46 CFR REF. CLAUSE TITLE GENERAL 1 SUBLETTING AND ASSIGNMENT 2 552.270-11 SUCCESSORS BOUND 3 552.270-23 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT 4 552.270-24 STATEMENT OF LEASE 5 552.270-25 SUBSTITUTION OF TENANT AGENCY 6 552.270-26 NO WAIVER 7 INTEGRATED AGREEMENT 8 552.270-28 MUTUALITY OF OBLIGATION PERFORMANCE 9 DELIVERY AND CONDITION 10 DEFAULT BY LESSOR 11 552.270-19 PROGRESSIVE OCCUPANCY 12 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT 13 FIRE AND CASUALTY DAMAGE 14 COMPLIANCE WITH APPLICABLE LAW 15 552.270-12 ALTERATIONS 16 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY PAYMENT 17 52.204-7 CENTRAL CONTRACTOR REGISTRATION 18 552.270-31 PROMPT PAYMENT 19 552.232-23 ASSIGNMENT OF CLAIMS 20 552.270-20 PAYMENT 21 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER— CENTRAL CONTRACTOR REGISTRATION STANDARDS OF CONDUCT 22 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT 23 552.270-32 COVENANT AGAINST CONTINGENT FEES 24 52-203-7 ANTI -KICKBACK PROCEDURES 25 52-223-6 DRUG-FREE WORKPLACE 26 52.203-14 DISPLAY OF HOTLINE POSTER(S) ADJUSTMENTS 27 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY 28 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 29 552.270-13 PROPOSALS FOR ADJUSTMENT 30 CHANGES AUDITS 31 552.215-70 EXAMINATION OF RECORDS BY GSA 32 52.215-2 AUDIT AND RECORDS—NEGOTIATION DISPUTES 33 52.233-1 DISPUTES INITIALS: & LESSOR GOVERNMENT GSA FORM 3517B PAGE 1 (REV 03113) Lease No. L14C101001706 LABOR STANDARDS 34 52.222-26 EQUAL OPPORTUNITY 35 52.222-21 PROHIBITION OF SEGREGATED FACILITIES 36 52.219-28 POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION 37 52.222-35 EQUAL OPPORTUNITY FOR VETERANS 38 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 39 52.222-37 EMPLOYMENT REPORTS VETERANS SUBCONTRACTING 40 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 41 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA 42 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS 43 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN 44 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN 45 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS Note: Revised General Clause 52.204-7, System For Award Management (SAM) (July 2013) The Central Contractor Registration (CCR) database has been retired and replaced with SAM. In all instances where CCR is referenced you must refer to SAM. 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 (OMB) pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. INITIALS: & LESSOR GOVERNMENT GSA FORM 35178 PAGE 2 (REV 03113) REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated (For Leases At or Below the Simplified Lease Acquisition L14CIO1001706 Threshold) Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE: The "Offeror,"as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. 52.215-1- SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190. (2) The small business size standard is $20.5 Million in annual average gross revenue of the concern for the last 3 fiscal years. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] Is, [ ]'is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] Is, [ ]Is not a women -owned small business concern. (4) Women -owned small business (WOSB) concern eligible under the WOSB Program. [Complete only If the offeror represented itself as a women -owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of Its offer that— It hat It [ ] Is, [ ] Is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change In circumstances or adverse decisions have been issued that affects its eligibility; and (11) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4xi) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: Each WOSB concern participating in the joint venture shag submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women -owned small business (EDWOSB) concern. [Complete only if the offeror represented Itself as a women -owned small business INITIALS: $ LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3518A (REV. 512013) Lease No. L14001001706 concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that— It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been Issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(1) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran -owned small business concern. (7) [Complete only if the offeror represented itself as a veteran -owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service -disabled veteran -owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that— It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision— "Economically disadvantaged women -owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women -owned small business concern eligible under the WOSB Program. "Service -disabled veteran -owned small business concern"— (1) Means a small business concern— (I) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 INITIALS: & LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION ' GSA 3518A (REV. 512013) PAGE 2 Lease No. L14001001706 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service -disabled veteran" means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, Including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Veteran -owned small business concern" means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women -owned small business concern" means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which Is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women -owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause In this solicitation providing notice of the set-aside contains restrictions on the source of the end Items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service -disabled veteran - owned small, economically disadvantaged women -owned small, or women -owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9. 15. 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and INITIALS: & LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3618A (REV. 512013) PAGE 3 Lease No. L14001001706 (III) Be Ineligible for participation in programs conducted under the authority of the Act. 2. 52.222.22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable when the estimated value of the acquisition exceeds $10,000) The Offeror represents that— (a) hat(a) It [ ] has, [has not participated in a previous contract or subcontract subject either to the Equal Oppo unity clause of this solicitation; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 3. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable when the estimated value of the acquisition exceeds $10,000) The Offeror represents that— (a) hat (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.) 4. 552.203.72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (APR 2012) (a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract action with any corporation that -- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) Was convicted, or had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation or such officer or agent and made a determination that this action is not necessary to protect the Interests of the Government. (b) The Contractor represents that— (1) hat (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or INITIALS: 8 LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3518A (REV. 512013) PAGE 4 Lease No. L14CIO1001706 have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) It is [ ] Is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months. 5. 52.203-11– CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (Applicable when the estimated value of the acquisition exceeds $100,000) (a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(ft The terms "agency," "influencing or attempting to influence," "officer or employee o an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12 . (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" ( 52.203-12) are hereby Incorporated by reference in this provision. (c) Certification. The offeror, by signing Its offer, hereby certifies to the best of Its knowledge and belief that 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 its behalf in connection with the awarding of this contract. (d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract Imposed by 31 U.S.C. 1352 .Any person who makes an expenditure prohibited under this provision or who falls to fileor amend the disclosure required 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. 6. 52.204.3 - TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal Income tax returns on a consolidated basis, and of which the Offeror is a member. 'Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All Offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041 A, 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 Offeroes relationship with the Government (31 U.S.C. 7701(c)(3)). If the INITIALS: & LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3518A (REV. 512013) PAGE 5 Lease No. L14001001706 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; [ ] Government entity (Federal, State, or local); [ ] Partnership; [ ] Foreign government; [ ] Corporate entity (not tax-exempt); [ ] International organization per 26 CFR 1.6049-4; [ ] Corporate entity (tax-exempt): [ ] Other (f) Common Parent. [ ] 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 7. 52.204-6– DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) (a) The offeror shall enter, In the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4 -character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) Via the Internet at http://fedaov.dnb.com/webform or if the offeror does not have Internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following Information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and ZIP Code. (iv) Company mailing address, city, state and ZIP Code (if separate from physical). INITIALS: & LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3518A (REV. 5/2013) PAGE 6 Lease No. L14001001706 (v) Company telephone number. (vi) Date the company was started. (vil) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). 8. DUNS NUMBER (JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide Its DUNS Number as part of this submission: DUNS Number 9. CENTRAL CONTRACTOR REGISTRATION (MAY 2012) The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists In the development, maintenance, and provision of sources for future procurements. The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the Internet at https://www.acquisition.qov. To remain active, the Offeror/Lessor is required to update or renew its registration annually. [ ] Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) AUTHORIZED NAME REPRESENTATIVE STREET CITY, STATE, ZIP TELEPHONE NUMBER Signature Date INITIALS: & LESSOR GOVERNMENT GENERAL SERVICES ADMINISTRATION GSA 3518A (REV. 5/2013) PAGE 7 Note: ('nmplrle obis secrian fire la occrs that involve rhe construction repair, umbuenrm,v or r shin.. o/ a srruenrre. rood. ldeb over. ar whe, inmrorcnuml nr addition n/'rent nrnnea (Public works) or forany other projeelr that res,ohe iusaraace. Project Number: Number of Days for Completion of Work: (Calendar or Working Days) Liquidated Damages: per Day - Anconal Imo, be .,a ,,ahle nrnau a of a ui,,,wd or ncaml damages fix e,, h dal• the conlplrsion ofu ark is delayed— Severally nal enfbrew bI, jl'das ages are Poended to serve et n pennI y o I rr- ka is eraeas of dee nrnmml q/dnnul u., that may be rcasanabfyfore ,(ffblank, S25/day will be used) Basis for Liquidated Damages Amount: (ffblank, Liauidured Damages en a nal will defimb m S25/daY.) Owner's Rep: Owner's Rep Title: Approval from the City Manager, or her designeq is required for the use of alternate project delivery methods (i.e. design -build, competitive sealed proposals). By signing below, the City Manager, or her designee, has determined that an alternate project delivery method is appropriate for this project. Method to be used is: of Cil' Managcr Owe Insurance: City deparonents must obtain approval for proper innu:nlec requirements from the Risk Management Coordinator for all pro'eds tlmt Involve the construction. repair, maintenance or renuration of a structure, road, hielswav, or other improvement or addition of real pmnerty (public works) prior to submission offlus fonts to the Purchasing Department. Tree ofj.mmau a Combined Sinele Li..ir General Liability ❑ Commercial Geneal Liability General Aggregate ❑ Claims Made ❑ Occurrence Products-Comp/Op AGG ❑ W Heavy Equipment Personal and Adv. Injury ❑ "lo lac l udC Products of Complete Operation Endorsements Contactual Liability Fire Damage (Any one Fire) MM Exp (Any one Person) Prafessfoaol Liabilhy ❑ General Aggregate Aul.n arire Liability ❑ Any Auto ❑ All Owned Autos ❑ Sehduld Autos ❑ Hired Autos ❑ Nan -Owned Autos Aggregate Excess Liability ❑ Umbrella Form Each Occumenec Aggregate Garage Liability ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ Builder's Risk ❑ 100% ofthe Total Contract Price ❑ Installation Floater ❑ 100% offl a Total Material Costs ❑ Cargo ❑ Workers Compensation And Occupational Medical And Disability ❑ Employers' Liability Other: Copies of Endorsements Are Required ❑ City afLubbock named as additional insured on Auto/General Liability oto a primary and iron-contributary basis. ❑ To include Products of Completed Operations endorsement. ❑ Waiver ofsubr ogation in favor of the City afLubbock on all coverages, except: of Risk Mtengemem CooMinaor Date Asbestos: ❑ Asbestos containing building materials are present in this building. The attached document(s) must be distributed with each bid packs ad returned with the appropriate signatures. The City is unaware of the presence of asbestos containing building materials in this building. �r r,G-,33-/zf Signata. b loath dn(/rAN'ppr%`F'';II\'al•'"".riwfavhy-I Date /'I✓� I`I Signaurcof Facilities Managcr UlrANYprojerNmnlvingn Clpfari/log Date Fleet: City departments must obtain review and approval of specifications from the Fleet Services Manager when specifications include rolling stock (e.g., autos, tacks, off-road equipment, farm equipment, smilers, utility/service bodies, ere.). If Federal ftmdt are bwolved please see 49 CFR 665, Pr award/Past Delivery of Rolling Stock. of Fleet Services Manager Date Informution Technology: City departments must obtain approval from the Director of Infom ation Technology when specifications include the configuration ofany computer systems, computer hardware, computer software, or computer peripherals. Signature of Director of Information Technology Page J of 7 PUR-12 (REV 12/2012) o'.1.11C!naommY s'd Sel,inytl1015]5\IkhNp\RWlo Shm%V\PUR-I: Reyun\Tn P—I—GC o'smiav x