HomeMy WebLinkAbout13093RESOLUTION NO. 13093
A RESOLUTION APPROVING AN ON-AIRPORT LEASE
NO. GS-08P-LCO14858 BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE
UNITED STATES OF AMERICA TO LEASE SPACE AT
THE PUEBLO MEMORIAL AIRPORT FOR USE BY THE
TRANSPORTATION SECURITY ADMINISTRATION (TSA),
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain On-Airport Lease, by and between the City of Pueblo, a Municipal
Corporation, and the United States of America, for office and related space located at
the Pueblo Memorial Airport for use by the Transportation Security Administration
(TSA), a copy of which is attached hereto and made a part hereof by reference, after
having been approved as to form by the City Attorney, is hereby approved, subject to
the conditions as set forth in said On-Airport Lease.
SECTION 2.
The President of City Council is hereby authorized to execute said On-Airport
Lease on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the
Seal of the City thereto.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached On-Airport Lease
to effectuate the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and
approval.
INTRODUCED: November 10, 2014
BY: Chris Nicoll
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: November 10, 2014
TO: Vice President Ami Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Mark Lovin – Aviation Department
SUBJECT: A RESOLUTION APPROVING AN ON-AIRPORT LEASE NO. GS-08P-
LCO14858 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE UNITED STATES OF AMERICA TO LEASE
SPACE AT THE PUEBLO MEMORIAL AIRPORT FOR USE BY THE
TRANSPORTATION SECURITY ADMINISTRATION (TSA), AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
SUMMARY:
Attached for City Council’s consideration is an On-Airport Lease between the City of
Pueblo and the United States of America to lease space at the Pueblo Airport for the
Transportation Security Administration (TSA).
PREVIOUS COUNCIL ACTION:
City Council has approved agreements with the United States of America to lease
space at the Airport for TSA since 2002. The current lease was approved under
Resolution No. 11903 and expired July 31, 2014.
BACKGROUND
After September 11, 2001, the Federal government assumed responsibility for the
screening of airline passengers at commercial service airports by federal employees
through the Transportation Security Administration (TSA). This resolution is to approve
the negotiated On-Airport Lease with the United States of America for office and related
space in the terminal building for use by the TSA. The lease commencement date is
August 1, 2014.
FINANCIAL IMPLICATIONS:
The On-Airport Lease is for a 10-year term and consists of 429 square feet of space at
$18.30 per square foot per annum. This amounts to $7,850.70 annually to be paid
monthly at a rate of $654.23.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve the On-Airport Lease, the Airport will lose much
needed revenue.
RECOMMENDATION
The Aviation Department recommends approval of this resolution.
Attachments:
On-Airport Lease
LEASE NO. GS-08P-LC014858On-Airport Lease
GSA FORM L201D(September 2013)
This Lease is made and entered into between
City of Pueblo
(Lessor),whose principal place of business is 1 City Hall Place, Pueblo, CO 81003-4201,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
Pueblo Memorial Airport,31201 Bryan Circle,Pueblo,CO 81001-4803
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 either on August 1,2014 or 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, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space
by the Government.
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.
FO -HI SSOR: FOR THE GOVERNMENT:
tivJ
Name: Stepben,_G•Nawrocki °''�°�" `��µy
President of City Council
Title:
Title: Lease Contracting Officer U
City of Pueblo,a Municipal Corporation
Entity Name:
General Services Administration,Public Buildings Service
Date:
November 10,2014 Date: (i f V1 I If
WITNESSED FOR THE LESSOR BY:
Name: ina Dutcher
Title: City Clerk
Date: November 10,2014
LEASE NO.GS-08P- "
LCO14858 LESSOR: GOVERNMENT. ti GSA FORM L201D(09/13)
TABLE OF CONTENTS
ON-AIRPORT LEASE
1.01 THE PREMISES(JUN 2012) 1
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013) 1
1.03 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(SEP 2013) 1
1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013) 1
1.05 RENEWAL RIGHTS(SEP 2013) INTENTIONALLY DELETED . 2
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(SEP 2013) 2
1.07 OPERATING COST BASE(SEP 2013)INTENTIONALLY DELETED 2
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS 3
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013) 3
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012) 3
2.03 WAIVER OF RESTORATION(APR 2011) 4
2.04 e- - • _ _e_ _ •!.__ -- - ._ e 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)(SEP 2013) 4
2.08 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012) 4
2.09 CENTRAL CONTRACTOR REGISTRATION(SEP 2013) 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(SEP 2013) 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)(XXX 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 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (SEP 2013)
INTENTIONALLY DELETED 7
4.07 INDOOR AIR QUALITY(SEP 2013) 7
4.08 HAZARDOUS MATERIALS(ON-AIRPORT)(SEP 2013) 8
4.09 OCCUPANT EMERGENCY PLANS(SEP 2013) 8
SECTION 5 ADDITIONAL TERMS AND CONDITIONS 9
5.01 AIRPORT DEFEDERALIZED 9
5.02 PAYEE 9
5.03 DELETED PARAGRAPHS 9
LEASE NO.GS-08P-LCO14858 LESSOR\ GOVERNMENT: GSA FORM L201D(09/13)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES(JUN 2012)
The Premises are described as follows:
A. Office and Related Space: 429 rentable square feet(RSF), yielding 429 ANSI/BOMA Office Area (ABOA) square feet (SF) of office and
related Space.
B. Common Area Factor: The Common Area Factor(CAF)is established as 1.0. This factor, which represents the conversion from rentable
square feet to ABOA,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: 0 parking spaces, of which 0 shall be structured/inside parking spaces and 0 shall be surface/outside parking spaces. In addition,
the Lessor shall provide such additional 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 2013)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
Rent Schedule
Operating Total Total
Shell Rent Rent Annual Monthly
Year RSF (Annual) (Annual) Rent Rent
1-10 429 $7,850.70 $0.00 $7,850.70 $654.23
B. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance,not to exceed 429 ABOA SF.based upon
the methodology outlined under the"Payment"clause of GSA Form 3517.
C. 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.
D. 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 in the Lessor's Central Contractor Registration(CCR), now 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.
E. 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 in the paragraph entitled"The Premises,"
2. Performance or satisfaction of all other obligations set forth in this Lease;and,
3.. 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. Parking shall be provided at a rate of$0 per parking space per month (structured/inside), and $0 per parking space per month
(surface/outside).
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
LEASE NO.GS-08P-LCO14858 LESSORGOVERNMENT: ,\)U GSA FORM L201D(09/13)
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. The Government may terminate this Lease, in whole or in part, at any time effective after the Firm Term of this Lease, by providing not less
than 60 days'prior written notice to the Lessor. 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.
1.05 RENEWAL RIGHTS(SEP 2013) INTENTIONALLY DELETED
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(SEP 2013)
The following documents are attached to and made part of the Lease:
4 rmiggitt S'a` ' n` h v fowt? x T R. 4 �' N0°SOF'q s
a� a„ D,OCUMENTENAMEz. l "t°tMk eg r .TM PAGES }MOW
Y aliEXHIB1I 1
GSA Form 3517A,General Clauses 2 A
GSA Form 3518A,Representations and Certifications 7 B
1.07 INTENTIONALLY DELETED
LEASE NO.GS-08P-LCO14858,PAGE 2 LESSOR•.`, _GOVERNMENT: GSA FORM L201 D(09/13)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
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. The building(s)situated on the Property in which the Premises are located shall be referred to as the Building(s).
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(CAF). 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 and contractor means Lease and Lessor,respectively.
G. Days. All references to"day"or"days"in this Lease shall mean calendar days,unless specified otherwise.
H. FAR/GSAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1. All
references to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
I. 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.
J. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the Lease term commences.
K. Lease Award Date, The Lease Award Date means the date of execution of the Lease by the LCO and the mailing or otherwise furnishing
written notification of the executed Lease to the successful Offeror(and on which the parties'obligations under the Lease begin).
L. 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.
M. 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 Govemment is granted rights.
N. 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.
0. 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.
P. 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.
Q. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012)
The 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
LEASE NO.GS-08P-LC014858,PAGE 3 LESSOF GOVERNMENT: ��� GSA FORM L201D(09/13)
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(LCO)by notice,without an express delegation by the prior LCO.
2.03 WAIVER OF RESTORATION(APR 2011)
The 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 Pueblo MemorialAirport.
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)(SEP 2013)
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.
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 CENTRAL CONTRACTOR REGISTRATION(SEP 2013)
The Offeror must have an active registration in the Central Contractor Registration(CCR)database,now 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-08P-LC014858,PAGE 4 LESSOR �_ OVERNMENT: GSA FORM L201 D(09/13)
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(SEP 2013)
A. The Premises and any parking garage areas shall meet the applicable egress requirements in the National Fire Protection Association, Life
Safety Code(NFPA 101)or the International Code Council,International Building Code(IBC), (both current as of the Lease Award Date).
B. The Space shall have unrestrictive 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 3`d 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-08P-LC014858,PAGE 5 LESSOR6OVERNMENT: 'kI GSA FORM L201 D(09/13)
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-08P-LC014858,PAGE 6 LESSOR5`�/ —GOVERNMENT: 34 GSA FORM L201D(09/13)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES,UTILITIES,AND MAINTENANCE(ON-AIRPORT)(XXX 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):
El HEAT El TRASH REMOVAL - Tenant 0 ELEVATOR SERVICE ® INITIAL 8 REPLACEMENT 0 OTHER
to dispose of trash in designated
area by airport.
® ELECTRICITY El CHILLED DRINKING WATER 0 WINDOW WASHING LAMPS,TUBES 8 BALLASTS (Specify below)
® POWER(Special Equip.) El AIR CONDITIONING Frequency ® PAINTING FREQUENCY
El WATER(Hot 8 Cold) ® RESTROOM SUPPLIES ® CARPET CLEANING Space Every 5 years
® SNOW REMOVAL 0 JANITORIAL SERV.8 SUPP. Frequency 1 x annually Public Areas As needed
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 from 7 AM to 5 PM,
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(SEP 2013)
A. The Lessor shall control contaminants at the source and/or operate the Space in such a manner that the GSA indicator levels for carbon
monoxide(CO), carbon dioxide(CO2), and formaldehyde(HCHO)are not exceeded. The indicator levels for office areas shall be: CO 9 ppm time
weighted average(TWA 8 hour sample);CO2 1,000 ppm(TWA); HCHO 0.1 ppm(TWA).
B. The Lessor shall make a reasonable attempt to apply insecticides, paints, glues, adhesives, and HVAC system cleaning compounds with
highly volatile or irritating organic compounds,outside of working hours. Except in an emergency,the Lessor shall provide at least 72 hours advance
notice to the Government before applying noxious chemicals in occupied spaces and shall adequately ventilate those spaces during and after
application.
•
LEASE NO.GS-08P-LC014858,PAGE 7 LESSOR: ' vGOVERNMENT: it1 GSA FORM L201 D(09/13)
C. The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement the necessary controls to address 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 material safety data sheets (MSDS) 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 MSDS 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)(SEP 2013) •
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 actionable mold and free from any conditions that reasonably can be
anticipated to permit the growth of actionable mold or are indicative of the possibility that actionable mold will be present(indicators).
1. Actionable mold is mold of types and concentrations in excess of that found in the local outdoor air.
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-08P-LC014858,PAGE 8 LESSOR: p VERNMENT: GSA FORM L201D(09/13)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
5.01 AIRPORT DE-FEDERALIZED
The Government reserves the right to terminate the lease with sixty(60)days written notice to the Lessor at any point during the term of the lease,
including the firm term,should the airport become de-federalized.
5.02 PAYEE
Rent shall be payable through Electronic Fund Transfer(EFT)to:
City of Pueblo
1 City Hall Place
Pueblo,CO 81003-4201
5.03 DELETED PARAGRAPHS
Section 1.05, RENEWAL RIGHTS(SEP 2013)
Section 1.07 OPERATING COST BASE(SEP 2013)
Section 2.04 OPERATING COSTS ADJUSTMENT(JUN 2012)
Section 4.06 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
LEASE NO.GS-08P-LC014858,PAGE 9 LESSOR; OVERNMENT: GSA FORM 1201D(09113)
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent)
1. The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and healthy work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Government, the Government may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Government may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at http://www.asa.gov/Ieasinaform.
6. The following clauses are incorporated by reference:
GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over$100,000.)
GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(SEP 1999)
(Applicable to leases over$100,000.)
FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT(JAN 2005)
(Applicable to leases over$25,000.)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over$500,000.)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$500,000.)
GSAR 552.219-72 PREPARATION, SUBMISSION,AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over$500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over$500,000 if solicitation does not require
submission of the subcontracting plan with initial offers.)
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LESSOR GOVERNMEN GSA FORM 3517A PAGE 1 (REV 11/05)
FAR 52.222-26 EQUAL OPPORTUNITY(APR 2002)
(Applicable to leases over$10,000.)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over$10,000.)
FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over$25,000.)
FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over$10,000.)
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
(DEC 2001)
(Applicable to leases over$25,000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over$2,500.)
GSAR 552.232-75 PROMPT PAYMENT(SEP 1999)
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT(MAR 2000) (VARIATION)
FAR 52.233-1 DISPUTES (JUL 2002)
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(OCT 1997)
(Applicable when cost or pricing data are required for work or services over
$500,000.)
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA(OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
INITIALS: (�--- &
LESSOR GOVERNMENT GSA FORM 3517A PAGE 2(REV 11/05)
(For Leases At or Below the Simplified Lease Acquisition Solicitation Number Dated
Threshold)
GS-08P-LC014858 11-10-2014
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on
this form, is the owner of the property offered, not an individual or agent representing the owner.
1. 52.219-1 - SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition
is 531190.
(2) The small business size standard is$20.5 Million in annual average gross revenue of
the concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own
name, other than on a construction or service contract, but which proposes to furnish
a product which it did not itself manufacture, is 500 employees.
(b) Representations.
(1) The offeror represents as part of its offer that it [ ] is, [x] is not a small business
concern.
(2) [Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The offeror represents, for general statistical
purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined
in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ]
is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.
[Complete only if the offeror represented itself as a women-owned small business
concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer
that—
(i) It[ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has
provided all the required documents to the WOSB Repository, and no change
in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It[ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR
part 127, and the representation in paragraph (b)(4)(i) of this provision is
accurate in reference to the WOSB concern or concerns that are participating
in the joint venture. [The offeror shall enter the name or names of the WOSB
concern or concerns that are participating in the joint venture:
Each WOSB concern participating in the joint venture shall submit a separate
signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the offeror represented itself as a women-owned small business
INITIALS: & AT
LESSOR GOVERNMENT GSA FORM 3518A PAGE 1 (REV 6/12)
concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror
represents as part of its offer that—
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has
provided all the required documents to the WOSB Repository, and no change
in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It[ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR
part 127, and the representation in paragraph (b)(5)(i) of this provision is
accurate in reference to the EDWOSB concern or concerns that are
participating in the joint venture. [The offeror shall enter the name or names of
the EDWOSB concern or concerns that are participating in the joint venture:
.] Each EDWOSB concern participating in the joint venture shall
submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ]
is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business
concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer
that it[ ] is, [ ] -is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration, and no material changes in
ownership and control, principal office, or HUBZone employee percentage
have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements
of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this
provision is accurate for each HUBZone small business concern participating in
the HUBZone joint venture. [The offeror shall enter the names of each of the
HUBZone small business concerns participating in the HUBZone joint venture:
] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone
representation.
(c) Definitions. As used in this provision—
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a
small business concern that is at least 51 percent directly and unconditionally owned by, and
the management and daily business operations of which are controlled by, one or more
women who are citizens of the United States and who are economically disadvantaged in
accordance with 13 CFR part 127. It automatically qualifies as a women-owned small
business concern eligible under the WOSB Program.
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled
veterans or, in the case of any publicly owned business, not less than 51
INITIALS: & &
LESSOR GOVERNMENT GSA FORM 3518A PAGE 2(REV 6/12)
percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one
or more service-disabled veterans or, in the case of a service-disabled veteran
with permanent and severe disability, the spouse or permanent caregiver of
such veteran.
(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C.101(2), with a
disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently
owned and operated, not dominant in the field of operation in which it is bidding on
Government contracts, and qualified as a small business under the criteria in 13 CFR
Part 121 and the size standard in paragraph (a) of this provision.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38
U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or
more veterans.
"Women-owned small business concern" means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or
more women; and
(2) Whose management and daily business operations are controlled by one or more
women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in
accordance with 13 CFR part 127), means a small business concern that is at least 51
percent directly and unconditionally owned by, and the management and daily business
operations of which are controlled by, one or more women who are citizens of the United
States.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small
business concerns, then the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business
concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-
owned small, economically disadvantaged women-owned small, or women-owned
small eligible under the WOSB Program in order to obtain a contract to be awarded
under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of
the Small Business Act or any other provision of Federal law that specifically
references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
and
INITIALS: &
LES GOVERNMENT GSA FORM 3518A PAGE 3(REV 6/12)
(iii) Be ineligible for participation in programs conducted under the authority of the
Act.
2. 52.222-22 -PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
(Applicable when the estimated value of the acquisition exceeds$10,000) •
The Offeror represents that—
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject either to the
Equal Opportunity clause of this solicitation;
(b) It[ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract awards. (Approved by OMB under
Control Number 1215-0072.)
3. 52.222-25 -AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
(Applicable when the estimated value of the acquisition exceeds$10,000)
The Offeror represents that—
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at
each establishment affirmative action programs required by the rules and regulations of the
Secretary of Labor(41 CFR 60-1 and 60-2), or
(b) It [ ] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB
under Control Number 1215-0072.)
4. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER
ANY FEDERAL LAW(DEVIATION) (APR 2012)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), none of the funds made available by that Act may be used to enter
into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government, or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is [] is not[ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
INITIALS: 8
LESSO GOVERNMENT GSA FORM 3518A PAGE 4(REV 6/12)
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is [] is not[] a corporation that was convicted, or had an officer or agent of the
corporation acting on behalf of the corporation, convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
5. 52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS (SEP 2007)
(Applicable when the estimated value of the acquisition exceeds $100,000)
(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at
2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or
employee of an agency," "person," "reasonable compensation," and "regularly employed" are
defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence
Certain Federal Transactions" (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation
entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are
hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and •
belief that no Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress on
its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a
lobbying contact on behalf of the offeror with respect to this contract, the offeror shall
complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying
Activities, to provide the name of the registrants. The offeror need not report regularly
employed officers or employees of the offeror to whom payments of reasonable
compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or
entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an
expenditure prohibited under this provision or who fails to file or amend the disclosure
required to be filed or amended by this provision, shall be subject to a civil penalty of not less
than $10,000, and not more than $100,000, for each such failure.
6. 52.204-3 -TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
"Common parent," as used in this provision, means that corporate entity that owns or
controls an affiliated group of corporations that files its Federal income tax returns on a
consolidated basis, and of which the Offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number
required by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income
tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
(b) All Offerors must submit the information required in paragraphs (d) through (f) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the Offeror
to furnish the information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the
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resulting contract is subject to the payment reporting requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the
Offeror's TIN.
(d) Taxpayer Identification Number(TIN).
[x] TIN: 84-6000615
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal paying
agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal government;
(e) Type of organization.
[ ]Sole proprietorship; [x] Government entity (Federal, State, or local);
[ ] Partnership; [ ] Foreign government;
[ ]Corporate entity (not tax-exempt); [ ] International organization per 26 CFR 1.6049-
4;
[ ]Corporate entity (tax-exempt); [ ] Other
(f) Common Parent.
[x] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of
this provision.
[ ] Name and TIN of common parent:
Name
TIN
7. 52.204-6–DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)
(a) The offeror shall enter, in the block with its name and address on the cover page of its offer,
the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that
identifies the offeror's name and address exactly as stated in the offer. The DUNS number is
a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number
plus a 4-character suffix that may be assigned at the discretion of the offeror to establish
additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see Subpart 32.11) for the same concern.
(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not
have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if
located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet
office. The offeror should indicate that it is an offeror for a U.S. Government
contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
(iii) Company physical street address, city, state and ZIP Code.
(iv) Company mailing address, city, state and ZIP Code (if separate from physical).
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(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your
entity).
8. DUNS NUMBER(JUN 2004)
Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer
cover page, the Offeror shall also provide its DUNS Number as part of this submission:
DUNS# 01-062-0284
9. CENTRAL CONTRACTOR REGISTRATION (MAY 2012)
The Central Contractor Registration (CCR) System is a centrally located, searchable database
which assists in the development, maintenance, and provision of sources for future procurements.
The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the
Internet at https://www.acquisition.gov. To remain active, the Offeror/Lessor is required to update
or renew its registration annually.
[ ] Registration Active and Copy Attached
[ ] Will Activate Registration and Submit Copy to the Government Prior to Award
OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) TELEPHONE
AUTHORIZED NUMBER
REPRESENTATIVE City of Pueblo Administration
200 S. Main Street (719)553-2655
Pueblo, CO 81003
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President of City Council Signature 11-10-2014
Date
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