HomeMy WebLinkAbout01/10/2017 06E Transportation Security Administration Lease Agreement with USA: General Services Administration kom 01 00
oti
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.E.
For Meeting of: January 10, 2017
ITEM TITLE: Resolution authorizing a lease agreement with United States of
America: General Services Administration to provide office space
for the Transportation Security Administration
SUBMITTED BY: Robert K. Peterson,Airport Manager, 509-575-6149
SUMMARY EXPLANATION:
General Services Administration (GSA) provides office space for the Transportation Security
Administration, of which oversees the passenger screening functions for airlines at the Yakima Air
Terminal-McAllister Field. Approximately 862 square feet of office space is provided to support
the administrative functions with screening operations. The current agreement with GSA is set to
expire on November 14, 2017, where the proposed agreement would continue to lease office
space within the terminal building. The agreement is set for an initial 10 year term with an option
to renew two (2)separate 5 year terms.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D f::::xllniilrpii A 12/27/2016 f.:<cII u p IF a�pini<II
D lExhi bit B 12/27/.2016 IBackup Materna°
D lExhi bit C 12/27/2016 IBackup Materna°
RESOLUTION NO. R-2017-
A RESOLUTION authorizing the execution of a lease agreement with United States of America:
General Services Administration to provide office space for the Transportation
Security Administration located at 2300 West Washington Avenue.
WHEREAS, City owns and operates Yakima Air Terminal-McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the airport has land available for lease within parcel number 181335-31001 which
is located at 2300 West Washington Avenue; and
WHEREAS, the City of Yakima and the United States of American (Government), acting by and
through the designated representative of the General Services Administration, have negotiated to lease
a portion of such parcel, which includes a license to occupy office space within the terminal building to
support Transportation Security Administration screening functions at the Yakima Air Terminal-
McAllister Field as set forth in the "Lease Agreement No. GS-10P-LWA07494" attached hereto and
incorporated herein by this reference; and
WHEREAS, the City Council has determined that approval of such lease agreement is in the
best interests of residents of the City of Yakima, and will promote the purposes of the Yakima Air
Terminal-McAllister Field and the general health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer Lease Agreement No. GS-10P-
LWA07494 with General Services Administration, a designated representative of the United States of
America (Government), which agreement is attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this 10th day of January, 2017.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
On-Airport Lease
LEASE NO. GS-10P-LWA07494GSA FORM L201D(October 2016)
This Lease is made and entered into between
City of Yakima
(Lessor), whose principal place of business is 129 N. 2nd St.,Yakima,WA 98901-2613, and whose interest in the Property described herein is that of
Fee Owner,and
The United States of America
(Government), acting by and through the designated representative of the General Services Administration(GSA), upon the terms and conditions set
forth herein.
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at
Yakima Air Terminal
2400 W.Washington Ave.
Yakima,WA 98903-1134
and more fully described in Section 1 and Exhibit A, together with rights to the use of parking and other areas as set forth herein,to be used for such
purposes as determined by GSA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease and
continuing for a period of
10 Years, 5 Years Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable
termination and renewal rights,is established as November 15,2017.
In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be
effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR: FOR THE GOVERNMENT:
Name:
Title: Lease Contracting Officer
Title:
General Services Administration, Public Buildings Service
Entity Name:
Date:
Date:
WITNESSED FOR THE LESSOR BY:
Name:
Title:
Date:
LEASE NO.GS-10P-LWA07494 LESSOR: GOVERNMENT: GSA FORM L201D(10/16)
TABLE
ON-AIRPORT LEASE
1.01 THE PREMISES(SEP 2015) 1
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013) 1
1.03 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(SEP 2015) 1
1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013) 2
1.05 RENEWAL RIGHTS(OCT 2016) 2
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(APR 2015) 2
1.07 INTENTIONALLY DELETED 2
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS 3
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016) 3
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016) 4
2.03 WAIVER OF RESTORATION(OCT 2016) 4
2.04 INTENTIONALLY DELETED 4
2.05 RELOCATION RIGHTS(JUN 2012) 4
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION(ON-AIRPORT)(JUN 2012) 4
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(ON-AIRPORT)(MAY 2015) 4
2.08 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012) 4
2.09 SYSTEM FOR AWARD MANAGEMENT(APR 2015) 4
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011) 4
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 5
3.01 BUILDING SHELL REQUIREMENTS(ON-AIRPORT)(SEP 2013) 5
3.02 MEANS OF EGRESS(MAY 2015) 5
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013) 5
3.04 FIRE ALARM SYSTEM(SEP 2013) 5
3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011) 6
3.06 ACCESSIBILITY(FEB 2007) 6
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL(APR 2011) 6
3.08 RESTROOMS(ON-AIRPORT)(JUN 2012) 6
3.09 HEATING,VENTILATION,AND AIR CONDITIONING(ON-AIRPORT)(APR 2011) 6
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(ON-AIRPORT)(SEP 2013) 6
SECTION 4 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM 7
4.01 SERVICES, UTILITIES,AND MAINTENANCE(ON-AIRPORT)(OCT 2013) 7
4.02 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS FOR AIRPORT OCCUPANCIES(SEP 2013) 7
4.04 RECYCLING(ON-AIRPORT)(JUN 2012) 7
4.05 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) 7
4.06 INTENTIONALLY DELETED 7
4.07 INDOOR AIR QUALITY(OCT 2016) 7
4.08 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2016) 8
4.09 OCCUPANT EMERGENCY PLANS(SEP 2013) 8
SECTION 5 ADDITIONAL TERMS AND CONDITIONS 9
5.01 SUCCEEDING LEASE 9
5.02 ADDITIONAL REQUIREMENTS 9
5.03 JANITORIAL REQUIREMENTS 9
LEASE NO.GS-10P-LWA07494 LESSOR: GOVERNMENT: GSA FORM L201D(10/16)
SECTION 1 THE PREMISES, RENT,AND OTHER TERMS
1.01 THE PREMISES(SEP 2015)
The Premises are described as follows:
A. Office and Related Space: 862 rentable square feet (RSF), yielding 862 ANSI/BOMA Office Area (ABOA)square feet (SF) of office and
related Space located on the 1s`floor of the Building,as depicted on the floor plan(s)attached hereto as Exhibit A.
B. Common Area Factor: The Common Area Factor (CAF) is established as 0 percent. This factor, which represents the conversion from
ABOA to rentable square feet, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the
Payment Clause of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas,and shall have the right to post Rules and Regulations Governing
Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure
signage is consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking: The Lessor shall provide parking spaces as required by the applicable code of the local government entity having jurisdiction over
the Property.
B. Antennas, Satellite Dishes and Related Transmission Devices: (1) Space located on the roof of the Building sufficient in size for the
installation and placement of telecommunications equipment, (2)the right to access the roof of the Building, and (3) use of all Building areas (e.g.,
chases, plenums, etc.)necessary for the use, operation, and maintenance of such telecommunications equipment at all times during the term of this
Lease.
1.03 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(SEP 2015)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
Years 1 -5 Years 6-10
Annual Rate/ Annual Rate/
Annual Rent RSF Annual Rent RSF
Full Service Rate $25,545.36 $29.63* $$26,967.72 $31.29*
B. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance, not to exceed 862 ABOA SF. based upon
the methodology outlined under the"Payment"clause of GSA Form 3517.
C. INTENTIONALLY DELETED
D. If the Government occupies the Premises for less than a full calendar month,then rent shall be prorated based on the actual number of days
of occupancy for that month.
E. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable to
the Payee designated by the Lessor in the System for Award Management(SAM). If the payee is different from the Lessor, both payee and Lessor
must be registered in SAM. This registration service is free of charge.
F. The Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration,the following:
1. The leasehold interest in the Property described herein in the paragraph entitled"The Premises,"
2. INTENTIONALLY DELETED
3. Performance or satisfaction of all other obligations set forth in this Lease;and,
4. All services, utilities, and maintenance required for the proper operation of the Property,the Building, and the Premises in accor-
dance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and improvements required to be
made thereto to meet the requirements of this Lease.
G. INTENTIONALLY DELETED
H. INTENTIONALLY DELETED
LEASE NO.GS-10P-LWA07494 LESSOR: GOVERNMENT: GSA FORM L201D(10/16)
1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013)
A. The Government may terminate this Lease, in whole or in part, at any time during the term of this lease with 60 days' prior written notice to
the Lessor if(i) regularly scheduled commercial air services cease, (ii) the airport opts to replace TSA screeners with private contractors, (iii) the
checkpoint supported by the leased Space is closed, or(iv)the Government reduces its presence at the airport due to a reduction in enplanements.
The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice,
whichever is later. No rental shall accrue after the effective date of termination.
B. INTENTIONALLY DELETED
1.05 RENEWAL RIGHTS(OCT 2016)
This Lease may be renewed at the option of the Government for two(2)separate terms of 5 YEARS at the following rental rate(s):
OPTION TERM,YEARS 11 -15
ANNUAL RENT ANNUAL RATE/RSF
FULL SERVICE RENTAL RATE $28,389.96 $32.93*
OPTION TERM,YEARS 16-20
ANNUAL RENT ANNUAL RATE/RSF
FULL SERVICE RENTAL RATE $29,812.32 $34.59*
*ANNUAL RATE/RSF MAY BE ROUNDED
provided notice is given to the Lessor at least 60 days before the end of the original lease term or renewal term, all other terms and conditions of this
Lease,as same may have been amended,shall remain in full force and effect during any renewal term.
Termination rights outlined"Termination Rights"paragraph apply to all renewal terms.
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(APR 2015)
The following documents are attached to and made part of the Lease:
NO. OF
DOCUMENTNAME PAGES EXHIBIT
Floor Plan(s) 4 A
GSA Form 3517B,General Clauses 15 B
GSA Form 3518-SAM,Addendum to System for Award 2 C
Management(SAM)Representations and Certifications
(Acquisitions of Leasehold Interests in Real Property)
1.07 INTENTIONALLY DELETED
LEASE NO.GS-10P-LWA07494, PAGE 2 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
SECTION 2 GENERAL TERMS, CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,
standards,and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated
with respect to the Government's enjoyment of the Premises and express appurtenant rights.
B. Broker. If GSA awarded this Lease using a contract real estate broker, Broker shall refer to GSA's broker.
C. Building. Building(s)situated on the Property in which the Premises are located.
D. Commission Credit. If GSA awarded this Lease using a Broker,and the Broker agreed to forego a percentage of its commission to which it
is entitled in connection with the award of this Lease,the amount of this credit is referred to as the"Commission Credit."
E. Common Area Factor. The"Common Area Factor"(CAF)is a conversion factor determined by the Building owner and applied by the owner
to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount
of rentable SF and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% [(11,500
RSF-10,000 ABOA SF)/10,000 ABOA SF]. For the purposes of this Lease,the CAF shall be determined in accordance with the applicable
ANSI/BOMA standard for the type of space to which the CAF shall apply.
F. Contract. Contract shall mean this Lease.
G. Contractor. Contractor shall mean Lessor.
H. Days. All references to"day'or"days"in this Lease shall mean calendar days, unless specified otherwise.
I. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1.
J. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that
part of the Lease term following the end of the Firm Term.
K. GSAR. All references to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
L. Lease Term Commencement Date. The date on which the Lease term commences.
M. Lease Award Date. The date the LCO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to the
successful Offeror(date on which the parties'obligations under the Lease begin).
N. Premises. The Premises are defined as the total Office Area or other type of Space,together with all associated common areas,described
in Section 1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights
under this Lease are not included in the Premises.
D. Property. The Property is defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g.,
parking areas)to which the Government is granted rights.
P. Rentable Space or Rentable Square Feet (RSF). 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 does not include vertical building
penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Rentable Square Feet is calculated using the
following formula for each type of Space(e.g.,office,warehouse,etc.)included in the Premises: ABOA SF of Space x(1 +CAF)=RSF.
Q. Space. The Space shall refer to that part of the Premises to which the Government has exclusive use, such as Office Area,or other type of
Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
R. Office Area. For the purposes of this Lease, Space shall be measured in accordance with the standard (Z65.1-1996)provided by American
National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) for Office Area, which means "the area where a
tenant normally houses personnel and/or furniture, for which a measurement is to be computed." References to ABOA mean ANSI/BOMA
Office Area.
S. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
LEASE NO.GS-10P-LWA07494, PAGE 3 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons
shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by
notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute
its Lease Contracting Officer(LCD)by notice,without an express delegation by the prior LCO.
2.03 WAIVER OF RESTORATION(OCT 2016)
Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the
Government for waste, damages,or restoration arising from or related to(a)the Government's normal and customary use of the Premises during the
term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises regardless of whether such
alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following
expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in
connection therewith.
2.04 INTENTIONALLY DELETED
2.05 RELOCATION RIGHTS(JUN 2012)
If it becomes necessary in the orderly development of the Airport, Lessor may require the relocation of Premises to other space at the Airport which, in
the reasonable judgment of Lessor, is similar and suitable for the purposes for which this Lease is entered as such purposes are set forth herein.
Should such relocation be necessary, the Lessor shall provide the Government a minimum of 120 days prior written notice. Lessor shall be
responsible for all costs for such relocation, including all costs for moving furniture, office equipment, telephone and data lines, and any other costs
associated with replicating necessary operational features provided in the space originally leased. The Airport shall provide such relocated Premises
at the same rental rate as the original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in
which event the parties shall negotiate a reduction in the rental rate.
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION(ON-AIRPORT)(JUN 2012)
A. The Transportation Security Administration (TSA) is required, pursuant to 49 U.S.C. 40101—The Aviation and Transportation Security Act
(ATSA),to oversee security measures at the Yakima Air Terminal.
B. TSA is responsible for airline passenger and baggage screening services at the Airport.
C. The U.S. General Services Administration (GSA), on behalf of TSA, leases certain facilities on the Airport premises for administrative offices
and/or break rooms in support of airport passenger and baggage screening services by the TSA.
D. Space for TSA to screen passengers and baggage is expressly excluded from this Lease.
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(ON-AIRPORT)(MAY 2015)
A. The Lessor shall provide floor plans for the Space and a valid Certificate of Occupancy (C of 0), issued by the local jurisdiction, for the
intended use of the Government. If the local jurisdiction does not issue C of O's or if the C of 0 is not available,the Lessor may satisfy this condition
by providing a report prepared by a licensed fire protection engineer that verifies that the Space complies with all applicable local fire protection and
life safety codes and ordinances and all fire protection and life safety-related requirements of this Lease.
B. Neither the Government's acceptance of the Premises for occupancy or acceptance of related appurtenances, nor the Government's occupancy of
the Premises, shall be construed as a waiver of any requirement or right of the Government under this lease, or as otherwise prejudicing the Government
with respect to any such requirement or right,or as an acceptance of any latent defect or condition.
2.08 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012)
The Government's rights stated under the General Clause"Alterations"also apply to initial build-out of the Premises.
2.09 SYSTEM FOR AWARD MANAGEMENT(APR 2015)
The Offeror must have an active registration in the System for Award Management(SAM),via the Internet at https://www.acquisition.gov, prior to the
Lease award and throughout the life of the Lease. To remain active,the Offeror/Lessor is required to update or renew its registration annually. The
Government will not process rent payments to Lessors without an active registration in SAM. No change of ownership of the leased Premises will be
recognized by the Government until the new owner registers in SAM.
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011)
The Government reserves the right,at its own expense and with its own personnel,to heighten security in the Building under Lease during heightened
security conditions due to emergencies such as terrorist attacks,natural disaster,and civil unrest.
LEASE NO.GS-10P-LWA07494, PAGE 4 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 BUILDING SHELL REQUIREMENTS(ON-AIRPORT)(SEP 2013)
A. The Building Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to
acceptance of Space. For pricing, fulfillment of all requirements not specifically designated as operating costs or other rent components as indicated
shall be deemed included in the Shell Rent.
B. Base structure and Building enclosure components shall be complete. All common areas accessible by the Government,such as lobbies,fire
egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly
installed Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc.,
shall be furnished, installed, and coordinated with Tls. Circulation corridors are provided as part of the base Building only on multi-tenanted floors
where the corridor is common to more than one tenant. On single tenant floors,only the fire egress corridor(s)necessary to meet code is provided as
part of the shell.
3.02 MEANS OF EGRESS(MAY 2015)
A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet, either the applicable egress
requirements in the National Fire Protection Association, Life Safety Code(NFPA 101), or the International Code Council, International Building Code
(IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed
acceptable by the Government.
B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floor(s)where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s)where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC.
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
A. Any portion of the Space located below-grade, including parking garage areas, and all areas in a Building referred to as"hazardous areas"
(defined in National Fire Protection Association (NFPA) 101) that are located within the entire Building (including non-Government areas) shall be
protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space is on or above the sixth floor, then, at a minimum, the Building up to and including the
highest floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSI/BOMA Office Area SF of Space in the
Building,then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s) shall be installed in accordance with the requirements of NFPA 13, Standard for the Installation of
Sprinkler Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler system(s) shall be maintained in accordance with the requirements of NFPA 25, Standard for the Inspection,
Testing,and Maintenance of Water-based Fire Protection Systems(current as of the Lease Award Date).
F. "Equivalent level of safety" means an alternative design or system (which may include automatic fire sprinkler systems), based upon fire
protection engineering analysis,which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.04 FIRE ALARM SYSTEM(SEP 2013)
A. A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3rd floor or
higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code that was
in effect on the actual date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code
(current as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means: directly to the local fire
department,to the(911)public communications center,to a central station,to a remote supervising station,or to a proprietary supervising station.
LEASE NO.GS-10P-LWA07494, PAGE 5 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
E. If the Building's fire alarm control unit is over 25 years old as of the Lease Award Date, Lessor shall install a new fire alarm system in
accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to Government
acceptance and occupancy of the Space.
3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)
A. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STAR®Label conferred by the Environmental Protection Agency(EPA)within one year prior to the due date for final proposal
revisions("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
1. Earn the ENERGY STAR®Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or
superseding Lease); or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR®Label prior to
acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STAR®label for the most recent year(as defined above)due to insufficient occupancy, but was able to demonstrate
sufficient evidence of capability to earn the ENERGY STAR®label,then Lessor must earn the ENERGY STAR®label within 18 months after
occupancy by the Government.
3.06 ACCESSIBILITY(FEB 2007)
The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard (ABAAS),Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent shall apply.
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL(APR 2011)
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.
3.08 RESTROOMS(ON-AIRPORT)(JUN 2012)
Government employees shall have access to all public restroom facilities for men and women in the Airport terminal at all times without additional
payment.
3.09 HEATING,VENTILATION,AND AIR CONDITIONING(ON-AIRPORT)(APR 2011)
A. Temperatures shall conform to local commercial equivalent temperature levels and operating practices to maximize tenant satisfaction.
These temperatures shall be maintained throughout the leased Premises and service areas, regardless of outside temperatures, during the hours of
operation specified in this Lease. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent temperature
levels prior to the first hour of each day's operation. At all times,humidity shall be maintained below 60 percent relative humidity.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the Lease and shall make a
reasonable attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(ON-AIRPORT)(SEP 2013)
A. The Government may elect to contract its own telecommunications (voice, data, video, Internet, or other emerging technologies)service in the
Space. The Government may contract with one or more parties to have inside wiring (or other transmission medium)and telecommunications
equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its
services to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's
designated telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Government's floor
Space,subject to any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas (high frequency,
mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope
as required.
LEASE NO.GS-10P-LWA07494, PAGE 6 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES,UTILITIES,AND MAINTENANCE(ON-AIRPORT)(OCT 2013)
The Lessor is responsible for providing all utilities necessary for base building and tenant operations and all associated costs are included as a part of
the established rental rates. The following services, utilities, and maintenance shall be provided by the Lessor as part of the rental consideration
(check all that apply):
® HEAT ® TRASH REMOVAL ❑ ELEVATOR SERVICE ® INITIAL&REPLACEMENT ® OTHER
® ELECTRICITY ❑ CHILLED DRINKING WATER ® WINDOW WASHING LAMPS,TUBES&BALLASTS (Specify below)
® POWER(Special Equip.) ® AIR CONDITIONING Frequency See janitorial ® PAINTING FREQUENCY See additional requirements in
requirements in Section 5 Section 5
® WATER(Hot&Cold) ® RESTROOM SUPPLIES ® CARPET CLEANING Space Every 5 years
® SNOW REMOVAL ® JANITORIAL SERV.&SUPP. Frequency See ianitorial Public Areas Every 5 years
requirements in Section 5
The Lessor shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
4.02 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS FOR AIRPORT OCCUPANCIES(SEP 2013)
The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other
than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed after
tenant working hours unless daytime cleaning is specified as a special requirement elsewhere in this Lease. Janitorial Services shall not be required
on weekends or Federal holidays. Services,maintenance,and utilities shall be provided daily during normal Airport business hours.
4.03 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the leased Premises. Such maintenance and repairs include the 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 Lessor's
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 shall be done in accordance with current applicable codes,and inspection
certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Government's designated representative.
B. At the Lessor's expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and
maintenance of fire protection systems, such as, but not limited to, fire alarm,fire sprinkler,standpipes, fire pump, emergency lighting, illuminated exit
signs, emergency generator, prior to occupancy to ensure proper operation. These tests shall be witnessed by the Government's designated
representative.
4.04 RECYCLING(ON-AIRPORT)(JUN 2012)
Where state or local law, code, or ordinance requires recycling programs(including mercury-containing lamps)for the Space to be provided pursuant
to this Lease, the Lessor shall comply with such state and local law, code, or ordinance in accordance with GSA Form 3517, General Clauses,
552.270-8, Compliance with Applicable Law. During the lease term, the Lessor agrees, upon request, to provide the Government with additional
information concerning recycling programs maintained in the Building and in the Leased Space.
4.05 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the term of the Lease,the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-Sheppard
vending facilities.
4.06 INTENTIONALLY DELETED
4.07 INDOOR AIR QUALITY(OCT 2016)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that the GSA indicator levels for
asbestos, mold, carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde are not exceeded. The indicator levels for office areas shall be:
Asbestos 70 s/mm2; mold(see paragraph entitled"Mold"); CO 9 ppm; CO2 700 ppm above outdoor air;formaldehyde 0.016 ppm.
B. The Lessor shall use available odor-free or low odor products when applying paints, glues, lubricants, and similar wet products.When such
equivalent products are not available, lessor shall use the alternate products outside normal working hours. Except in an emergency,the Lessor shall
provide at least 72 hours advance notice to the Government before applying chemicals or products with noticeable odors in occupied Spaces and shall
adequately ventilate those Spaces during and after application.
LEASE NO.GS-10P-LWA07494, PAGE 7 LESSOR: GOVERNMENT: GSA FORM L201D(10/16)
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality(IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed, to ascertain the
source and severity of the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in
space serving the Space (e.g., common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in its
assessments and detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing, if required;and
3. Implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government safety data sheets (SDS) upon request for the following products prior to their use during the
term of the Lease: adhesives,caulking,sealants, insulating materials, fireproofing or firestopping materials, paints,carpets, floor and wall patching or
leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The Government
reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals(any products with data in the Health and Safety section of the SDS sheets)may be present or used,
including large-scale copying and printing rooms, segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at least
0.5 cubic feet per minute per SF, no air recirculation. The mechanical system must operate at a negative pressure compared with the surrounding
spaces of at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water gauge)when the doors
to the rooms are closed.
4.08 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2016)
The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable
Federal,state,and local environmental regulations including, but not limited to,the following:
A. 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 EPA guidance shall be implemented.
B. The Lessor shall provide Space to the Government that is free from ongoing water leaks or moisture infiltration. The Space and ventilation
zones serving the Space shall also be free of visible mold or actionable airborne mold.
1. Actionable mold is airborne mold of types and concentrations in excess of that found in the local outdoor air or non-problematic
control areas elsewhere in the same building.
2. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled
"Mold Remediation in Schools and Commercial Buildings"(EPA 402-K-01-001, March 2001), published by EPA, as same may be amended or revised
from time to time,and any other applicable Federal,state,or local laws, regulatory standards,and guidelines.
3. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the plan or any other
applicable Federal, state, or local laws, regulatory standards, or guidelines, the Lessor, at its sole cost, expense, and risk, shall immediately take all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence,or is otherwise unable to remediate the actionable mold,the Government may implement
a corrective action program and deduct its costs from the rent.
4.09 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP)and if necessary, a supplemental Shelter-in Place(SIP)Plan. Periodically,the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP.The Plan,among other things,must include an annual emergency evacuation drill,emergency notification procedures for the
Lessor's Building engineer or manager, Building security, local emergency personnel,and Government agency personnel.
LEASE NO.GS-10P-LWA07494, PAGE 8 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
5.01 SUCCEEDING LEASE
This lease succeeds Lease GS-10B-06906. Upon commencement of this lease, Lease GS-10B-6909 is terminated.
5.02 ADDITIONAL REQUIREMENTS
The cost for HVAC overtime is established at $0.00 per hour for the entire space. There is no additional cost to the Government for use of any
overtime utilities.
5.03 JANITORIAL REQUIREMENTS
A. Cleaning shall be performed by the Lessor during tenant working hours and coordinated with
tenant for access.
B. SELECTION OF CLEANING PRODUCTS:
The Lessor shall make careful selection of janitorial cleaning products and equipment to:
1. use products that are packaged ecologically;
2. use products and equipment considered environmentally beneficial and/or recycled
products that is phosphate-free, non-corrosive, non-flammable,and fully biodegradable;
and
3. minimize the use of harsh chemicals and the release of irritating fumes.
4. Examples of acceptable products may be found at
HTTP:///PUB.FSS.GSA.GOV/ENVIRON/CLEAN-PROD-CATALOG.HTML.
C. SELECTION OF PAPER PRODUCTS:
The Lessor shall select paper and paper products(i.e.,bathroom tissue and paper towels)with
recycled content conforming to EPA's CPG.
D.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,or as otherwise specified by the Agency. Performance will be based on the
Contracting Officer's evaluation of results,not the frequency or method of performance.
Specific time shall be agreed upon between Agency and Lessor's janitorial contractor.
1. Daily. Empty trash receptacles and clean ashtrays. Sweep entrances, lobbies, and corridors. Spot sweep floors, and spot vacuum carpets. Clean
drinking fountains. Sweep and damp mop or scrub toilet rooms. Clean all toilet fixtures,and replenish toilet supplies. Dispose of all trash and garbage
generated in or about the building. Wash inside and out or steam clean cans used for collection of food remnants from snack bars and vending
machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors, entrances, and
lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways. Sweep loading dock areas and
platforms. Clean glass entry doors to the Government-demised area.
2. Three Times a Week. Sweep or vacuum stairs.
3. Weekly. Damp mop and spray buff all resilient floors in toilets and health units. Sweep sidewalks, parking areas, and driveways (weather
permitting).
4. Every Two Weeks.Spray buff resilient floors in secondary corridors,entrance,and lobbies.
Damp mop and spray buff hard and resilient floors in office space.
5. Monthly.Thoroughly dust furniture. Completely sweep and/or vacuum carpets.Sweep
storage space. Spot clean all wall surfaces within 70 inches of the floor.
6. Every Two Months. Damp wipe toilet wastepaper receptacles,stall partitions,doors,
window sills and frames.Shampoo entrance and elevator carpets.
7. Three Times a Year. Dust wall surfaces within 70 inches of the floor,vertical surfaces and
under surfaces.Clean metal and marble surfaces in lobbies.Wet mop or scrub garages.
8. Twice a Year.Wash all interior and exterior windows and other glass surfaces. Strip and
LEASE NO.GS-10P-LWA07494, PAGE 9 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
apply four coats of finish to resilient floors in toilets. Strip and refinish main corridors and
other heavy traffic areas.
9. Annually. Wash all Venetian blinds, and dust 6 months from washing. Vacuum or dust all surfaces in the building of 70 inches from the floor,
including light fixtures. Vacuum all draperies in place. Strip and refinish floors in offices and secondary lobbies and corridors. Shampoo carpets in
corridors and lobbies. Clean balconies, ledges,courts,areaways,and flat roofs.
10. Every Two Years. Shampoo carpets in all offices and other non-public areas.
11. Every Five Years. Dry clean or wash(as appropriate)all draperies.
12.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. Replace worn floor coverings(this
includes the moving and returning of furnishings). Control pests as appropriate, using Integrated Pest Management techniques.
LEASE NO.GS-10P-LWA07494, PAGE 10 LESSOR: GOVERNMENT: GSA FORM L201 D(10/16)
ria
i I
-''
ar
.�_ LYakima kr
41 0 'P
for General \75A
SvNaz Admbligraton
M�
Lessor Government
1 ALL WORK SHALL BE COMP,'ETED IN ACCORDANCE WTH BGILD'NG CODE.WASNINGTON
STATE ENERGY CODE AND APRORT REGULATIONS \REQUIREMENTS.MECHANICAL
CONTRACTOR S.-ALL BE RESPONSIBLE FOR SUBMI`TNG,SECURING AND PAYING FEES
FOR NECESSARY PERM TS\INSPECTIONS
2 MECHANICAL CONTRACT'R SMALL DEVELOP HVAC&PLUMBING PLANS FOR. AIR
SYSTEM. HVAC EQUIPMENT\ DEUCES.PLUMBING ITEMS. PLAN SHALL BE SUBM'TTEC
UN.per YEIOICLL HANGER STRIP Ceiling Wan Key for Sheets A2.1 TO THE AIRPORT AND OTHER GO FERNING AGENCIES FOR RENEW AND APPROVAL
1017Ki NOK"RA HOF=ORM,SUE As PEA
0.C"11laVIIBC LGOTAELE 3. MECHANICAL CONTRACTOR SMALL PR.,iDE NEW FIXTURES.EQUIPMENT AND AS�C.;!ATED
Enam{ Orrin YMTellflr/Ixtur o. ITEMS MATCHING EXISTING ITEMS
IA PLME WIEM ERMMW(�I
IH PLAHEOF EA RUNHERAT
I/�mi...L4'ANQEIr SG
/ I TYPICAL A. ACCORCONTRACTOR THVER ,NG CODE RE FIRE SPRINKLER SYSTEM HEAD LOCATIONS IN
°S 1\ I�--II �' Q ACCORDANCE W'H CCVERNING CODE REQUIREMENTS
MIIHey MIMNI
Po 5 MECHANICAL CONTRACTOR SHALL BALLANCE THE MVAC AND PR'v.IDE REPORT TO
-/ Mel.7)p,) OWNER
MIL& s
How HVAC Sugtyi)p fi. S IN SUSPENDED FRAMIN SMEMB S AL_BE SECURELY FASTENED TO THE
RIMER �� ,IN .IIS ® STRUCTURE AND CEIUN:FRAMING MEMBERS IN ACCORDANCE WITH CODE
N Her HVAC Ran Pp REQUIREMENTS.
Ty.RUNNEL MR 7 THE MECHANICAL CONTRACTOR SHALL SEAL AROUND ALL CONDUIT AND WALL
0 Hew INK WO an/F7nTyp. PENETRATIONS TO PREVENT SOUND-RANSMSSION BETWEEN ROOMS
B THE MECHANICAL CONTRACTOR SHAD TOUR THE PROJECT SITE IC ASSESS EXISTING
CHAPTER•4 RBIMI D115 How TLrACTCe1EnB,See CONDITIONS.WHICH MAY EFFECT KS BS
WMWA2.1 for brook..Top.
9 ALL INTER CR SWITCH,RECEPTACLES.DATA/COM DE'.ICE PLATES SHALL MATCH
EXISTING DEICE PLATES .59155 NOTED OTHERWI..E
ID PENETRATIONS THROUGH NEW ANT EX STING FRE RATED WALLS SHALL BE FIRE SEALED
TO MEET CODE REQUIREMENTS.IN ADDITION THE CONTRACTOR SHALL PATCH ANY
SPRAYED ON FIRE PROOF NG D'STURBEO OR SCRAPED OFF TO INSTALL ELECTRICAL
HARDWARE.CONDL.U',WIRE SUMPOR TS. HANGERS.ETC
'I MECHANICAL CONTRACTOR TO MAHE AL_MECHAN.CAL TEMPORARY ANT FINAL
CONNECTIONS AS REQUIRED TO MANTA'...EHISSNG SYSTEM CONTINUITY.
•
C.
a
/v _
Vy >�
I-7 i J .. Ii 1 I JI I _
Modify Bdr CAIN Hew -'TT'.'. .1/..-
GM
�
QwColt Mr9EPb �Typ. U
GIS AAP
I WEL GM-.r-io
szroitei I tag.ACP.ET4 I I :1
\ . a)To lbarnr +.0Oda_WC to U
••
N
J! I
ce
I Dm ACP.441 .
lliIMOC IIPI o
mu , I L
�E \\y X
Dem Edit w e�—' I R A I Q
Cern.. IAL
I{Er.r{I To ILrIrE /\ I—-0
IACr.rf'I ,/' , Q
0,0Kew ? _ i 1 . !
.\Dom ; ` / C U
/eSs Dm. I!
1kE tut L iv R q i \/ f' �N
HAwllEht I a
• ' H., �_.l! , I —II VE\ ;7> �
IA[T.rsl
>tend
I › 1.—
I
/H ` .\\\\t,
� Cn
J J
a kat.L4H.rna I Fn m a e{{e
W� wall
1 Corktln sum i _ J
We if. ' IIT Roman I 1 I 1 SA^il,.i. / 7%
1&6 •
® La
T N
QU
z W
T,
W U
5. m a
E.1 z W. 0 i ill I 1%nricillaillailillEIL ,
o' S' 12'-6" 25' 50'
North
I
Lessor Government
I
• . . .
. .
. . :
•• / 1. . .
. r
\ __
•
..
! ._
_ . . . . .
/ \•• , .
, ..
, —
. .
- .
_rn
- -
111- T-C;-7) •
-111.- •-;.1
NI
-•111--
•
'111%
:
\ Hifi
i • 1
11'1111
1 •• •"• "•
• 1 . • •
• ,.,
____ ____. /CHM
/2 '111111
211311
.311111
• 11111•
( .
2
,_ '.. _•'.11.2,2 6'...6..L...?...: IT •hrn 51
Oi.;.. 20412 1041i
lh 1441 eri
1 i 1 .lif
,,! 1
i
11) iii 01 111.4R1 Plo
1, w ii• .4,11
IV i
i I 1 PP gi; 451. poi
i I ill! 1
1 A .',, IN
Jill
.49
11T
," 1111
144; il a
o
B W A BERN ROO W LLS
ARCH,TECTS PC
Yakima Air Terminal\TSA Office
for General Services Administraton
Floor Plan
I
Lessor Government
•
•
•
•
•
•
•
•
•
U
•
■
a
•
■
V
j c R N 1))I v'.1 LL_
'EC'.E
Yakima Air Terminal l TSA Office
for General Services Administraton
Power 1 Data Plan
I
Lessor Government
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
CATEGORY CLAUSE NO. 48 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 SYSTEM FOR AWARD MANAGEMENT
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 52.232-23 ASSIGNMENT OF CLAIMS
21 PAYMENT
22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT
24 552.270-32 COVENANT AGAINST CONTINGENT FEES
25 52-203-7 ANTI-KICKBACK PROCEDURES
26 52-223-6 DRUG-FREE WORKPLACE
27 52.203-14 DISPLAY OF HOTLINE POSTER(S)
ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
29 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
30 552.270-13 PROPOSALS FOR ADJUSTMENT
31 CHANGES
AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA
33 52.215-2 AUDIT AND RECORDS—NEGOTIATION
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 1 (REV 06/16)
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS ON VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
47 552.219-73 GOALS FOR SUBCONTRACTING PLAN
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 3517B PAGE 2(REV 06/16)
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. SUBLETTING AND ASSIGNMENT(JAN 2011)
The Government may sublet any part of the premises but shall not be relieved from any obligations under this
lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from
all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued
to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of Lessor,
which shall not be unreasonably withheld.
2. 552.270-11 SUCCESSORS BOUND (SEP 1999)
This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators,
successors, and assigns.
3. 552.270-23 SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT(SEP 1999)
(a) Lessor warrants that it holds such title to or other interest in the premises and other property as is
necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the
provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this
clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other
liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension
thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument
shall be required to effect the present or subsequent subordination of this lease. Government agrees, however,
within twenty (20) business days next following the Contracting Officer's receipt of a written demand, to execute
such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any
existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water,
sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or
in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government
under this lease.
(b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security
instrument shall operate to affect adversely any right of the Government under this lease so long as the
Government is not in default under this lease. Lessor will include in any future mortgage, deed of trust or other
security instrument to which this lease becomes subordinate, or in a separate non-disturbance agreement, a
provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by
existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause,
and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand.
(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such
mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government
will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any
portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed
to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and
contract between Government and such purchasers or transferees, with the same force, effect and relative priority
in time and right as if the lease had initially been entered into between such purchasers or transferees and the
Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with
reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions
to this lease, or other writings, as shall be necessary to document the foregoing relationship.
(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 3(REV 06/16)
4. 552.270-24 STATEMENT OF LEASE (SEP 1999)
(a) The Contracting Officer will, within thirty(30)days next following the Contracting Officer's receipt of a
joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to
Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the
case, that (1) the lease is in full force and effect; (2) the date to which the rent and other charges have been paid
in advance, if any; and (3)whether any notice of default has been issued.
(b) Letters issued pursuant to this clause are subject to the following conditions:
(1) That they are based solely upon a reasonably diligent review of the Contracting Officer's
lease file as of the date of issuance;
(2) That the Government shall not be held liable because of any defect in or condition of the
premises or building;
(3) That the Contracting Officer does not warrant or represent that the premises or building
comply with applicable Federal, State and local law; and
(4) That the Lessor, and each prospective lender and purchaser are deemed to have
constructive notice of such facts as would be ascertainable by reasonable pre-purchase and pre-commitment
inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government
officials.
5. 552.270-25 SUBSTITUTION OF TENANT AGENCY(SEP 1999)
The Government may, at any time and from time to time, substitute any Government agency or agencies for the
Government agency or agencies, if any, named in the lease.
6. 552.270-26 NO WAIVER(SEP 1999)
No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right
or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by
either party during the continuance of any such breach shall constitute a waiver of any such breach of such
provision.
7. INTEGRATED AGREEMENT(JUN 2012)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement,
express or implied, shall be admissible to contradict the provisions of the Lease. Except as expressly attached to
and made a part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease.
8. 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999)
The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government
obligations and covenants, arising under or related to this Lease, are interdependent. The Government may, upon
issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole
or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff
pursuant to this clause shall constitute a breach by the Government of this lease.
9. DELIVERY AND CONDITION (JAN 2011)
(a) Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 4(REV 06/16)
(b) The Government may elect to accept the Space notwithstanding the Lessor's failure to deliver the
Space substantially complete; if the Government so elects, it may reduce the rent payments.
10. DEFAULT BY LESSOR(APR 2012)
(a) The following conditions shall constitute default by the Lessor, and shall give rise to the following
rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all
obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a
default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor's
default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide
any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor.
Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to
cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the
requirement by its own employees or contractors. If the Government elects to take such action, the Government
may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the
Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the
service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of
the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if:
(i) The Lessor's default persists notwithstanding provision of notice and reasonable
opportunity to cure by the Government, or
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of
default conditions,
and such conditions (i)or (ii) substantially impair the safe and healthful occupancy of the Premises, or render the
Space unusable for its intended purposes.
(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide
any item, or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from:
(i) Circumstances within the Lessor's control;
(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessor's capability
to perform, regardless of the Governments knowledge of such matters;
(iii) The condition of the Property;
(iv) The acts or omissions of the Lessor, its employees, agents or contractors; or
(v) The Lessor's inability to obtain sufficient financial resources to perform its
obligations.
(5) The rights and remedies specified in this clause are in addition to any and all remedies to
which the Government may be entitled as a matter of law.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 5(REV 06/16)
11. 552.270-19 PROGRESSIVE OCCUPANCY(SEP 1999)
The Government shall have the right to elect to occupy the space in partial increments prior to the substantial
completion of the entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space
incrementally as elected by the Government. The Government shall pay rent commencing with the first business
day following substantial completion of the entire leased premise unless the Government has elected to occupy
the leased premises incrementally. In case of incremental occupancy, the Government shall pay rent pro rata
upon the first business day following substantial completion of each incremental unit. Rental payments shall
become due on the first workday of the month following the month in which an increment of space is substantially
complete, except that should an increment of space be substantially completed after the fifteenth day of the
month, the payment due date will be the first workday of the second month following the month in which it was
substantially complete. The commencement date of the firm lease term will be a composite determined from all
rent commencement dates.
12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT(APR 2015)
The Lessor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this Lease, in good repair and tenantable condition so that they are
suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems,
access and other things to the premises, without reasonably preventable or recurring disruption, as is required for
the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this
lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises
with the approval of the authorized Government representative in charge. Upon request of the Lease Contracting
Officer (LCO), the Lessor shall provide written documentation that building systems have been properly
maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall
maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other
requirements of this Lease, including standards governing indoor air quality, existence of mold and other
biological hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after
the Lease Award Date and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
13. FIRE AND CASUALTY DAMAGE (JUN 2016)
If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this
Lease shall immediately terminate. If the building in which the Premises are located are only partially destroyed
or damaged, so as to render the Premises untenantable, or not usable for their intended purpose, the Lessor shall
have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted
a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or
restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the
Premises within 60 days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable
schedule for completing the work, the Government may elect to terminate the Lease effective as of the date of the
event of destruction or damage. If the Lessor elects to repair or restore the Premises, but fails to repair or restore
the Premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or
restoration so as to render timely completion commercially impracticable, the Government may terminate the
Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied,
rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for
either party.
Nothing in this lease shall be construed as relieving Lessor from liability for damage to, or destruction of, property
of the United States of America caused by the willful or negligent actor omission of Lessor.
14. COMPLIANCE WITH APPLICABLE LAW(JAN 2011)
Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property,
including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings,
structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own
expense. The Government will comply with all Federal, State and local laws applicable to and enforceable against
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 6(REV 06/16)
it as a tenant under this lease, provided that nothing in this Lease shall be construed as a waiver of the sovereign
immunity of the Government. This Lease shall be governed by Federal law.
15. 552.270-12 ALTERATIONS (SEP 1999)
The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and
erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed
in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be
removed or otherwise disposed of by the Government. If the lease contemplates that the Government is the sole
occupant of the building, for purposes of this clause, the leased premises include the land on which the building is
sited and the building itself. Otherwise, the Government shall have the right to tie into or make any physical
connection with any structure located on the property as is reasonably necessary for appropriate utilization of the
leased space.
16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(APR 2015)
(a) Ten (10) working days prior to the completion of the Space, the Lessor shall issue written notice
to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the
Space only if the construction of building shell and Tls conforming to this Lease and the approved DIDs is
substantially complete, and a Certificate of Occupancy has been issued as set forth below.
(b) The Space shall be considered substantially complete only if the Space may be used for its
intended purpose and completion of remaining work will not unreasonably interfere with the Governments
enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
conformance of the completed Tls to the approved DIDs, with the exception of items identified on a punchlist
generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the
Lessor of any other Lease requirements.
(c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the
intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the
Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a
licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local
codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an
acceptable level of safety is provided. Under such circumstances, the Government shall only accept the Space
without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is
compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of
this Lease.
17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT(JUL 2013)
This clause is incorporated by reference.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
This clause is incorporated by reference.
19. 552.270-31 PROMPT PAYMENT(JUN 2011)
The Government will make payments under the terms and conditions specified in this clause. Payment shall be
considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred
to in this clause are calendar days, unless otherwise specified.
(a) Payment due date—
(1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday
of each month, and only as provided for by the lease.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 7(REV 06/16)
(i)When the date for commencement of rent falls on the 15th day of the month or
earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month
following the month in which the commencement of the rent is effective.
(ii)When the date for commencement of rent falls after the 15th day of the month, the
initial monthly rental payment under this contract shall become due on the first workday of the second month
following the month in which the commencement of the rent is effective.
(2) Other payments. The due date for making payments other than rent shall be the later of the
following two events:
(i)The 30th day after the designated billing office has received a proper invoice from the
Contractor.
(ii)The 30th day after Government acceptance of the work or service. However, if the
designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date
shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received
and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(b) Invoice and inspection requirements for payments other than rent.
(1) The Contractor shall prepare and submit an invoice to the designated billing office after
completion of the work. A proper invoice shall include the following items:
(i) Name and address of the Contractor.
(ii) Invoice date.
(iii) Lease number.
(iv) Government's order number or other authorization.
(v) Description, price, and quantity of work or services delivered.
(vi) Name and address of Contractor official to whom payment is to be sent(must be the
same as that in the remittance address in the lease or the order).
(vii) Name (where practicable), title, phone number, and mailing address of person to be
notified in the event of a defective invoice.
(2) The Government will inspect and determine the acceptability of the work performed or
services delivered within seven days after the receipt of a proper invoice or notification of completion of the work
or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later,
for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to
occur on the last day of the seven day inspection period. If the work or service is rejected for failure to conform to
the technical requirements of the contract, the seven days will be counted beginning with receipt of a new invoice
or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by
the Government occurs.
(c) Interest Penalty.
(1) An interest penalty shall be paid automatically by the Government, without request from the
Contractor, if payment is not made by the due date.
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury under
Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)that is in effect on the day after the due date.
This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 8(REV 06/16)
semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount
approved by the Government and be compounded in 30-day increments inclusive from the first day after the due
date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a claim for such penalties
under the clause at 52.233-1, Disputes, or for more than one year. Interest penalties of less than $1.00 need not
be paid.
(4) Interest penalties are not required on payment delays due to disagreement between the
Government and Contractor over the payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes,
and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has
otherwise overpaid on a payment, the Contractor shall—
(1) Return the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(i)Circumstances of the overpayment(e.g., duplicate payment, erroneous payment,
liquidation errors, date(s)of overpayment);
(ii)Affected lease number; (iii)Affected lease line item or sub-line item, if applicable; and
(iii) Lessor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Applicable to leases over the micro-purchase threshold.)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 6305
(hereafter referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of
the performance of this contract to a bank, trust company, or other financing institution, including any Federal
lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under
the original assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts
payable under this contract, and shall not be made to more than one party, except that an assignment or
reassignment may be made to one party as agent or trustee for two or more parties participating in the financing
of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document
(including this contract)or information related to work under this contract until the Contracting Officer authorizes
such action in writing.
21. PAYMENT(MAY 2011)
(a) When space is offered and accepted, the amount of American National Standards
Institute/Building Owners and Managers Association Office Area (ABOA) square footage delivered will be
confirmed by:
(1) The Government's measurement of plans submitted by the successful Offeror as approved
by the Government, and an inspection of the space to verify that the delivered space is in conformance with such
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 9(REV 06/16)
plans or
(2) A mutual on-site measurement of the space, if the Contracting Officer determines that it is
necessary.
(b) Payment will not be made for space which is in excess of the amount of ABOA square footage
stated in the lease.
(c) If it is determined that the amount of ABOA square footage actually delivered is less than the
amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the
annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied
by the rate per rentable square foot(RSF). That is: (1+CAF)x Rate per RSF = Reduction in Annual Rent
22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
(JUL 2013)
This clause is incorporated by reference.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(OCT 2015)
(Applicable to leases over$5.5 million total contract value and performance period is 120
days or more.)
This clause is incorporated by reference.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES (JUN 2011)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or
agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount
of the contingent fee.
(b) Bona fide agency, as used in this clause, means an established commercial or selling agency
(including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing
business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts
nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
(1) Bona fide employee, as used in this clause, means a person, employed by a Contractor and
subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither
exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being
able to obtain any Government contract or contracts through improper influence.
(2) Contingent fee, as used in this clause, means any commission, percentage, brokerage, or
other fee that is contingent upon the success that a person or concern has in securing a Government contract.
(3) Improper influence, as used in this clause, means any influence that induces or tends to
induce a Government employee or officer to give consideration or to act regarding a Government contract on any
basis other than the merits of the matter.
25. 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(Applicable to leases over the Simplified Lease AcquisitionThreshold.)
This clause is incorporated by reference.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 10(REV 06/16)
26. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Applicable to leases over the Simplified Lease Acquisition Threshold, as well as to leases
of any value awarded to an individual.)
This clause is incorporated by reference.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
(Applicable to leases over$5.5 Million total contract value and performance period is 120
days or more.)
(a) Definition.
"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common
work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security(DHS)fraud hotline poster
identified in paragraph (b)(3)of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to
employees, the Contractor shall display an electronic version of the poster(s)at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
GSA Office of Inspector General "FRAUDNET HOTLINE Contracting Officer
(Contracting Officer shall insert—
(i) Appropriate agency name(s)and/or title of applicable Department of Homeland Security fraud
hotline poster); and
(ii) The website(s)or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a
reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph (b)of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all
subcontracts that exceed $5.5 million, except when the subcontract—
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
28. 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(JUN 2011)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 11 (REV 06/16)
(a) If the head of the contracting activity(HCA)or his or her designee determines that there was a
violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as
implemented in the Federal Acquisition Regulation, the Government, at its election, may—
(1) Reduce the monthly rental under this lease by five percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods, and recover five
percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by five
percent of the amount of the alterations agreement; or
(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to
exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was
placed.
(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the
Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period
determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to
submit in person, in writing, or through a representative, information and argument in opposition to the proposed
reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above
amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(AUG 2011)
(Applicable when cost or pricing data are required for work or services over$750,000.)
This clause is incorporated by reference.
30. 552.270-13 PROPOSALS FOR ADJUSTMENT(SEP 1999)
(a) The Contracting Officer may, from time to time during the term of this lease, require changes to
be made in the work or services to be performed and in the terms or conditions of this lease. Such changes will
be required under the Changes clause.
(b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall
submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to be
performed when the cost exceeds $100,000. The proposal, including all subcontractor work, will contain at least
the following detail—
(1) Material quantities and unit costs;
(2) Labor costs (identified with specific item or material to be placed or operation to be performed;
(3) Equipment costs;
(4) Worker's compensation and public liability insurance;
(5) Overhead;
(6) Profit; and
(7) Employment taxes under FICA and FUTA.
(c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals
exceeding $500,000 in cost—
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 12(REV 06/16)
(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing
data (48 CFR 15.403-4) and
(2) The Lessor's representative, all Contractors, and subcontractors whose portion of the
work exceeds $500,000 must sign and return the "Certificate of Current Cost or Pricing Data" (48 CFR 15.406-2).
(d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which
costs are allowable, reasonable, and allocable in Government work.
31. CHANGES (MAR 2013)
(a) The LCO may at any time, by written order, direct changes to the Tenant Improvements within the
Space, Building Security Requirements, or the services required under the Lease.
(b) If any such change causes an increase or decrease in Lessor's costs or time required for
performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled
to an amendment to the Lease providing for one or more of the following:
(1) An adjustment of the delivery date;
(2) An equitable adjustment in the rental rate;
(3) A lump sum equitable adjustment; or
(4) A change to the operating cost base, if applicable.
(c) The Lessor shall assert its right to an amendment under this clause within 30 days from the date
of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment
shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute
shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO
has explicitly and in writing delegated the authority to direct changes, the Government shall not be liable to Lessor
under this clause.
32. 552.215-70 EXAMINATION OF RECORDS BY GSA(FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized representative shall, until
the expiration of 3 years after final payment under this contract, or of the time periods for the particular records
specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have
access to and the right to examine any books, documents, papers, and records of the Contractor involving
transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to
include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after
final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of
the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to
examine any books, documents, papers, and records of such subcontractor involving transactions related to the
subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes
(a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at
rates established for uniform applicability to the general public.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 13(REV 06/16)
34. 52.233-1 DISPUTES (MAY 2014)
This clause is incorporated by reference.
35. 52.222-26 EQUAL OPPORTUNITY(APR 2015)
This clause is incorporated by reference.
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
This clause is incorporated by reference.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(Applicable to leases exceeding the micro-purchase threshold.)
This clause is incorporated by reference.
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(Applicable to leases $150,000 or more, total contract value.)
(a) Definitions. As used in this clause—
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran,"
"protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at
FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at
41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected
veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified
protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of$150,000 or more
unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as
specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including
action for noncompliance. Such necessary changes in language may be made as shall be appropriate to
identify properly the parties and their undertakings.
39. 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(Applicable to leases over$15,000 total contract value.)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on
the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment
qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order
in excess of$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of
Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action
for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(Applicable to leases $150,000 or more, total contract value.)
This clause is incorporated by reference.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 14(REV 06/16)
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(OCT 2015)
(Applicable to leases over$35,000 total contract value.)
This clause is incorporated by reference.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(OCT 2010)
(Applicable if over$750,000 total contract value.)
This clause is incorporated by reference.
43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015)ALTERNATE III (OCT 2015)
(Applicable to leases over$700,000 total contract value.)
This clause is incorporated by reference.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$700,000 total contract value.)
This clause is incorporated by reference.
46. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2015)
(Applicable if over$30,000 total contract value.)
This clause is incorporated by reference.
47. 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005), ALTERNATE I (SEP 1999)
(Applicable if over$700,000 total contract value.)
This clause is incorporated by reference.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 15(REV 06/16)
ADDENDUM to the System for Award Management(SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions Proposals Number
of Leasehold Interests in Real Property) 4WA0643
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The "Offeror,"as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2) The small business size standard is 38.5 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) The System for Award Management (SAM) is a centrally located, searchable database which
assists in the development, maintenance, and provision of sources for future procurements. The
Offeror, by signing this addendum, hereby certifies he is registered in SAM.
[ ] Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 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) 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
GSA FORM 3518-SAM PAGE 1 (REV 01/16)
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.
3. OFFEROR'S DUNS NUMBER
(a) Enter number:
(b) An offeror may obtain a DUNS number(i) via the Internet
at http://fedgovednbecom/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.
OFFEROR OR NAME,ADDRESS (INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED
REPRESENTATIVE
Signature Date
GSA FORM 3518-SAM PAGE 2 (REV 01/16)