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HomeMy WebLinkAboutResolution - 2007-R0412 - Lease Agreement - FAA, TSA - LPSIA - 09/13/2007Resolution No. 2007-R0412 September 13, 2007 Item No. 5.13 RESOLUTION 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 irected to execute for and on behalf of the City of Lubbock a Lease Agreement with the ederal Aviation Administration for the Transportation Security Administration at ubbock International Airport, and all related documents. Said Agreement is attached ereto and incorporated in this Resolution as if fully set forth herein and shall be included I the minutes of the Council. sed by the City Council this 13th day of September , 2007. �4- DAVID A. MILLER, MAYOR TTEST: Garza, City Secretary AS TO C I M MO AW =- W. Loomis, Assistant City Manager sortation and Public Works PPROVED AS TO FORM: inda L. Chamales, Senior Attorney ffice Practice Section Lc: L/ATTY/Linda/RESOLUTIONS/Res-FAA-TSA July 9, 2007 U.S. GOVERNMENT LEASE FOR REAL PROPERTY 1 LEASE NUMBER (Short Form) PART I - SOLICITATION/DESCRIPTION OF REQUIREMENTS (To be completed by Government) 17—Ar / I -413f / A. REQUIREMENTS The Government of the United States of America is seeking to lease approximately 1,766 rentable square feet of office and storage space located in The Lubbock International Airport for occupancy not later than 5-1-07 for a term of 60 months. Rentable space must yield a minimum of 1,766 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 6-15-07. 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): Space offered must be in a quality building of sound and substantial construction, either a new, modern building or one that has undergone restoration or rehabilitation for the intended use. The Lessor shall provide a valid Certificate of Occupancy for the intended use of the Government and shall meet, maintain, and operate the building in conformance with all applicable current (as of the date of this solicitation) codes and ordinances. If space is offered in a building to be constructed for lease to the Government, the building must be in compliance with the most recent edition of the building code, fire code, and ordinances adopted by the jurisdiction in which the building is located. Offered space shall meet or be upgraded to meet the applicable egress requirements in National Fire Protection Association (NFPA) 101, Life Safety Code or an alternative approach or method for achieving a level of safety deemed equivalent and acceptable by the Government. Offered space located below -grade, including parking garage areas, and all areas referred to as "hazardous areas" (defined in NFPA 101) within the entire building (including non -Government areas), shall be protected by an automatic sprinkler system or an equivalent level of safety. Additional automatic fire sprinkler requirements will apply when offered space is located on or above the 60' floor. Unrestricted access to a minimum of two remote exits shall be provided on each floor of Government occupancy. Scissor stairs shall be counted as only one approved exit. Open-air exterior fire escapes will not be counted as an approved exit. Additional fire alarm system requirements will apply when offered space is located 2 or more stories in height above the lowest level of exit discharge. The Building and the leased space shall be accessible to workers with disabilities in accordance with the Americans With 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, reissued as FED. STD. 795, dated April 1, 1988, and amended by Federal Property Management Regulations CFR 41, Subpart 101-19.6, Appendix A, 54 FR 12628, 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 asbestos management program conforming to Environmental Protection Agency guidance shall be implemented. The space shall be free of other hazardous materials according to applicable Federal, State, and local environmental regulations. Services, utilities, 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 additional payment. The Lessor shall complete any necessary alterations within 30 days after receipt of approved layout drawings. 3 OTHER REQUIREMENTS Offerors should also include the following with their offers: NIA 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 ® THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSIIBOMA Z65.1-4896 DEFINITION FOR BOMA USABLE OFFICE AREA, WHICH MEANS "THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED." OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATION FACTORS BEING SIGNIFICANTLY MORE IMPORTANT THAN PRICE APPROXIMATELY EQUAL TO PRICE E] SIGNIFICANTLY LESS IMPORTANT THAN PRICE ❑ (Listed in descending order, unless stated otherwise): GENERAL SERVICES ADMINISTRATION GSA FORM 3626 (REV. 5/2005) Page 1 of 2 Prescribed by APD 2800.12A 2. SERVICES AND UTILITIES (To be provided by Lessor as partof rent) Z HEAT ® TRASH REMOVAL ® ELEVATOR SERVICE ® INITIAL & REPLACEMENT OTHER Z ELECTRICITY ® CHILLED DRINKING WATER ® WINDOW WASHING LAMPS, TUBES & BALLASTS (Specify below) POWER (Special Equip.) X AIR CONDITIONING Frequency as needed PAINTING FRE©UENCY WATER (Hot & Cold) Z TOILET SUPPLIES CARPET CLEANING Space ® SNOW REMOVAL F] JANITORIAL SERV. & SUPP. Frequency as needed Public Areas 3 OTHER REQUIREMENTS Offerors should also include the following with their offers: NIA 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 ® THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSIIBOMA Z65.1-4896 DEFINITION FOR BOMA USABLE OFFICE AREA, WHICH MEANS "THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED." OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATION FACTORS BEING SIGNIFICANTLY MORE IMPORTANT THAN PRICE APPROXIMATELY EQUAL TO PRICE E] SIGNIFICANTLY LESS IMPORTANT THAN PRICE ❑ (Listed in descending order, unless stated otherwise): GENERAL SERVICES ADMINISTRATION GSA FORM 3626 (REV. 5/2005) Page 1 of 2 Prescribed by APD 2800.12A PART II - OFFER (To be completed by OfferorAOwner) A, LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT 5. NAME AND ADDRESS OF BUILDING (Include ZIP Code) Lubbock International Airport Terminal Building 5401 N. MILK Blvd. Lubbock, TX 79403 a. FLOOR(S) 1 6. LOCATION(S) IN BUILDING In, ROOM NUMBER(S) c. RENTABLE SO. FT. d. TYPE 1,766 ® GENERALOFFiCE OTHER(Speafy) ❑ WAREHOUSE B. TERM To have and to hold, for the term commencing on 5-1-07 and continuing through 4-30-2012 inclusive. The Government may terminate this lease at any time on or after 4-30-2011, by giving at least 60 days notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 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 than a month shall be prorated. T AMOUNT OF ANNUAL RENT 9.. MAKE CHECKS PAYABLE TO (Name and address) See Attached Schedule Director of Aviation B. RATE PER MONTH Lubbock International Airport See Attached Schedule Rt. 3 Box 389 Lubbock, TX 79403 1oa. NAME AND ADDRESS OF OWNER (include ZIP code. If requested by the Government and the owner is a partnership orjoinl venture, fist all General Partners, using a separate sheet, if necessary.) City of Lubbock, P.O. Box 2000, Lubbock, TX 79457 1ob. TELEPHONE NUMBER OF OWNER 11. TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING 806-775-3126 ® OWNER AUTHORIZED AGENT OTHER(Specify) 12, NAME OF OWNER OR AUTHORIZED AGENT 13. TITLE OF PERSON SIGNING David A. Miller Mayor 14. SIGNATURE OF OWNE>fR,4LTHORIZED AGENT 15. DATE 16. OFFER REMAINS OPEN UNTIL 430 P.M. ✓� September 13, 2007 (Date) PART III - AWARD (To be completed by Govemment) Your offer is hereby accepted. This award consummates the lease which consists of the following documents: (a) this GSA Form 3626, (b) Representations and Certifications, (c) the Government's General Clauses, and (d) the following changes or additions made or agreed to by you: -Rate Schedule and clauses for TSA -Design Intent Drawings THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UN;T STATE F AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 17a. NAME OF CONTRACTING OFFICER (Type or Pnnt) 17b. SPO TU E C T ING OFFICER 17c. DATE GENERAL SERVICES ADMINISTRATION GSA FORM 3626 (REv. 512005) Page 2 of 2 Prescribed by APD 29o0.12A LEASE BY AND BETWEEN THE CITY OF LUBBOCK AND THE UNITED STATES OF AMERICA ATTEST: Rebe a Garza, City Secretary AS TO CONTENT: W.1Loomis, Director of A APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Rate Schedule and Additional Clauses for TSA 1. The Government shall make back payments for the unpaid difference of rent during the holdover period beginning May 1, 2007. This difference shall be calculated by subtracting the previous rate paid from the new rate of $20.74 and prorating the difference over 1,766 usf. The previous lease rate was $15.66 pusf, thus, a difference of $5.08 pusf per year, or $747.61 per month shall be paid to the lessor for each month of the holdover period beginning May 1, 2007 and ending once the new lease is effective. 2. The Government shall have the right of first refusal to acquire the additional 390 square feet of storage space in the basement of the airport facility as depicted in the attached drawing. This right of first refusal shall be enacted only if the airport locates another potential tenant for that particular space and the Government shall have 30 days to decide whether to accept or refuse the additional space once notification is received from the airport. The Government shall begin paying rent for the additional space 120 days from the day of acceptance, if accepted. The space shall be leased at the rates depicted above. The additional square footage will be added to the lease via supplemental lease agreement. '4' - , , Le or ernment Term Rateer square foot per year May 1, 2007 — September 30, 2007 $20.74 October 1, 2007 — September 30, 2008 $21.36 October 1, 2008 — September 30, 2009 $22.52 October 1, 2009 — September 30, 2010 $23.19 October 1, 2010 — September 30, 2011 $23.89 October 1, 2011 —April 30, 2012 $23.89 1. The Government shall make back payments for the unpaid difference of rent during the holdover period beginning May 1, 2007. This difference shall be calculated by subtracting the previous rate paid from the new rate of $20.74 and prorating the difference over 1,766 usf. The previous lease rate was $15.66 pusf, thus, a difference of $5.08 pusf per year, or $747.61 per month shall be paid to the lessor for each month of the holdover period beginning May 1, 2007 and ending once the new lease is effective. 2. The Government shall have the right of first refusal to acquire the additional 390 square feet of storage space in the basement of the airport facility as depicted in the attached drawing. This right of first refusal shall be enacted only if the airport locates another potential tenant for that particular space and the Government shall have 30 days to decide whether to accept or refuse the additional space once notification is received from the airport. The Government shall begin paying rent for the additional space 120 days from the day of acceptance, if accepted. The space shall be leased at the rates depicted above. The additional square footage will be added to the lease via supplemental lease agreement. '4' - , , Le or ernment GENERALCLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premi-as and all other areas of the building to which access is necessary to ensure a safe and he-jlthy 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 mt.,, itained, 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, p-ovide the item, or meet the requirement, either directly or through a contract. The Governmeot may deduct any costs incurred for the service or item, including administrative costs, from the renta 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 http://www.gsa.gov/Portal/offering.jsp?OID=l 13404 S. 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: & LESSCAT RNMENT GSA FORM 3517A PAGE 1 (REV W01) 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 DISH"..ED 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) (Appiicable to leases over $10,000.) FAR 52.222-37 EMPLOYMENT REPORTS ON DIS.^NBLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) 'AR 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Applicable to leases over $2,500.) 3SAR 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. INITIALSL & LESSOR RNMENT GSA FORM 3517A PAGE 2 (REV 9101) IIQI�I�I�I�I�I T'E'x5E' iT} 8,;D 26,0, ivr ® 36'Cz 7S9' Flol -0- 4TII3S�4' rg'sr ivasit•xfr.4e i07 ,n.T sr�x9osx. 0 � sgrc 1 BD35xIP3� Page 1 of 1 file://C:ltempinotesE259CD1Cffices 6-07(4)(2).vsd 6/19/2007