HomeMy WebLinkAboutOrdinance No. 2651-2012the c<ty aie
KE Al, ALASKA
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2651 -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING
CERTAIN LEASING PROVISIONS IMPOSED BY KENAI MUNICIPAL CODE SECTIONS
21.10.100, 21.10.170, AND 21.10.090; DETERMINING THE LEASE TERM; AND
APPROVING THE FORM OF LEASE WITH RESPECT TO LOT 7A -1, BLOCK 2, FBO
SUBDIVISION, LOCATED WITHIN THE AIRPORT RESERVE, TO THE FEDERAL
AVIATION ADMINISTRATION FOR THE USE OF AN AUTOMATED FLIGHT SERVICE
STATION.
WHEREAS, in 1983, when the Federal Aviation Administration (FAA) decided to
decommission flight service stations around the state, the City of Kenai submitted a
proposal for an automated flight service station to be constructed by the City and
located in Kenai on Lot 7A -1, Block 2, FBO Subdivision; and,
WHEREAS, on June 10, 1983, the Federal Aviation Administration (FAA) entered into
a lease with the City for the Automated Flight Service Station (AFSS) for an annual
rent of $1.00 per year and providing for twenty, one -year extensions to September 30,
2027 under the same terms; and,
WHEREAS, on May 6, 2010, the City submitted a lease proposal that was
subsequently accepted by the FAA and that was based on an independent appraisal
that analyzed the City -owned office space and property for the purpose of estimating
market rent and which determined a lease rate of $10,000.00 per month; and,
WHEREAS, on February 8, 2012, the FAA submitted the proposed lease on its
Standard Space Lease Form which includes rent in the amount of $10,000.00 per
month for a term of ten (10) years as well as the requirement that the City meet all
Architectural Barriers Act Accessibility (ABAAS) requirements within twelve (12)
months; and,
WHEREAS, pursuant to KMC 21.10.100, 21.10.160, and 21.10.170, the rental rate for
land within the Airport Reserve shall be determined by a zone -based square foot lease
rate, which values lease lots as -if vacant with no consideration of existing buildings;
and,
WHEREAS, pursuant to KMC 21.10.090, the length of term for a lease granted for
land within the Airport Reserve shall be based on the amount of investment the
applicant proposes unless the City determines a shorter lease term is in the best
interest of the City; and,
WHEREAS, pursuant to KMC 21.10.150(b), the City Manager may deviate from the
standard lease form adopted under Code, if the Manager believes the action is in the
best interest of the City and the form is approved by the City Attorney; and,
New Text Underlined. [DELETED TEXT BRACKETED]
Ordinance No. 2651 -2012
Page 2 of 2
WHEREAS, the City Manager believes that rent in the amount of $10,000.00 per
month for a term of ten (10) years as proposed on the FAA's Standard Space Lease
Form is in the best interests of the City and the form has been approved by the City
Attorney; and,
WHEREAS, the Council of the City of Kenai finds that in this instance waiving the
provisions of KMC 21.10.100, 21.10.170, and 21.10.090 is in the best interests of the
City of Kenai; and,
WHEREAS, the Council of the City of Kenai finds that rent in the amount of
$10,000.00 per month for a term of ten (10) years as proposed on the FAA's Standard
Space Lease Form is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Waiver of Ordinance Requirements: The Council of the City of Kenai waives
the following leasing provisions of the Kenai Municipal Code as it applies to the lease
of Lot 7A -1, Block 2, FBO subdivision, located within the Airport Reserve, to the FAA
for the use of an automated flight service station only: KMC21.10.100, 21.10.170, and
21.10.090 with respect to rental rate determination, otherwise requiring the rental
rate to be determined by a zone -based appraisal.
Section 2. Determination of Lease Term: The Council of the City of Kenai determines
that a ten (10) year lease term for Lot 7A -1, Block 2, FBO subdivision, located within
the Airport Reserve, to the FAA for the use of an automated flight service station is in
the best interests of the City.
Section 3. Approval of Lease Form. The Council of the City of Kenai approves the
Standard Space Lease From utilized by the FAA for the lease of Lot 7A -1, Block 2, FBO
subdivision; located within the Airport Reserve, to the FAA for the use of an automated
flight service station.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October,
2012.
Af"IST:
cl Modi
dra Modi City Clerk
PAT PORT R, MAYOR
Introduced: September 19, 2012
Adopted: October 3, 2012
Effective: November 3, 2012
New Text Underlined' [DELETED TEXT BRACKETED]
KENAI, AUSKA
"Vi Jaye with a Past, 6t
MEMO:
with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
TO: City Council
FROM: Rick Koch, City Manager
DATE: September 12, 2012
SUBJECT: Automated Flight Service Station Lease
Ordinance No. 2651 -2012
The City has received a request for a renewal of the FAA's lease of the Automated Flight
Service Station (AFSS). The FAA has leased this property for the purpose of operation the
AFSS and SACOM facilities dating back to 1983, when the City first entered into a lease with
the FAA for an annual rent of $1.00 per year. The attached lease proposal includes rent in the
amount of $10,000.00 per month for a term of ten years as well as a requirement that the City
meet all Architectural Barriers Act Accessibility (ABAAS) requirements within twelve months.
The City Manager recommends Council approval of Ordinance 2651 -2012.
The attached proposed lease as well as a draft copy of Ordinance No. 2651 -2012 is scheduled on
the September 26 Planning Commission Agenda for review and comment.
The Airport Commission has previously reviewed and discussed the lease with Administration.
An informational copy will be provided in their next Commission packet.
The recommendations of the P & Z Commission will be forwarded to the City Council at its
October 3 Council Meeting for consideration in conjunction with the public hearing on
Ordinance No. 2651 -2012.
Attachments
1992
KE t4, S
MEMO:
Village with a Past, Cc with a Future"
210 Fidelgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration_
DATE: September 27, 2012
SUBJECT: Ordinance No. 2651 -2012 — Automated Flight Service Station Lease
Lease Renewal — Lot 7A -1, Block 1, FBO Subdivision No. 5
At their meeting on September 26th, the Planning and Zoning Commission reviewed Ordinance
No. 2651 -2012 and the lease renewal for the Automated Flight Service Station. As is required
under Kenai Municipal Code, I reviewed the application to determine if the lease conforms to the
Airport Layout Plan (ALP), Comprehensive Plan, zoning, and future airport projects. Based on
my review, I found that the lease conforms to the ALP, Comprehensive Plan, zoning, and that
there are no future airport projects planned for the property. A copy of the review is attached.
The Commission voted unanimously to support the lease renewal but recommended the draft
lease be further reviewed to ensure the lease correctly identifies which services and utilities the
lessor will be responsible to provide. Specifically, it appears there may be inconsistency
between Page 2, Item 6 of the lease and Page 4, item B4 of Attachment A.
Attachment
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L e55C_C
1992
hecity° lei/
ALASKA KENAI
V
Village with a Past, Cc with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1III�I
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: September 18, 2012
SUBJECT: Lease Renewal — Lot 7A -I, Block 2, FBO Subdivision No. 5
Federal Aviation Administration (FAA)
The City has received a request for a renewal of the FAA's lease of the Automated Flight
Service Station (AFSS). Under KMC 21.10.080 lease amendments or renewals are subject to the
requirements of KMC 21.10.070. The code requires the City Planner to review the application
for conformance with the Airport Land Use Plan (ALP), Comprehensive Plan, municipal zoning,
and future airport improvement projects and requires referral of the application to the Planning
and Zoning Commission for review and comment.
This property is located at 470 North Willow Street and is located in the Airport Reserve.
➢ Airport Land Use Plan — The ALP was approved in July, 2009. On sheet 13 of the plan,
the property is identified as "Aviation Related Activities." Sheet 14 of the approved
ALP, identifies the parcel as "Aviation Support." The Supplemental Plan defines
Aviation Support/Governmental as, "Areas used by government activities required for the
operation and maintenance of the airport and air navigation such as the air traffic control
tower, flight service station, airport maintenance facilities, airport rescue and fire
fighting, and airport storage areas."
The proposed uses conform to the ALP.
➢ Comprehensive Plan — The City of Kenai Comprehensive Land Use Plan identifies this
area as Airport Industrial. The Airport Industrial area is defined as, "The Airport
Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its
future expansion, and tracts needed for present and future aviation - related uses and
activities.
The proposed uses conform to the Comprehensive Plan.
1992
Lease Renewal — Lot 7A -1, Block 2, FBO Subdivision No. 5
Federal Aviation Administration (FAA)
Page 2
➢ Zoning —The property is zoned. IL — Light Industrial. Airports and related uses are
permitted within the zone.
➢ Airport Improvement Projects — There are no airport improvement projects planned for
this property.
Based on the information provided in the amended lease application, the proposed lease
conforms to the ALP, Comprehensive Plan, and Zoning.
In Ordinance No. 2651 -2012, the City Manager is recommending a deviation from the
requirements of the municipal code under Title 21 which identifies provisions for lease rates and
terms. The City Manager is proposing to renew the FAA's lease for a period of 10 years for the
lease rate of $10,000 per month.
The City Manager has asked the Commission to review the proposed lease amendment.
Attached for your review are Ordinance No. 2651 -2012 and the attachments. The Commission's
comments will be forwarded to City Council at their meeting on October 3, 2012.
cc: Mary Bondurant, Airport Manager
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION
ADMINISTRATION
LEASE for Real Property
Lease No: DTFAWN- 13 - L — 00002
Geographical Location: Kenai, Alaska 99611
Section 1 — SPACE LEASE:
1. THIS LEASE, entered into by and between the City of Kenai whose interest in the
property hereinafter described is that of owner, hereby referred to as LESSOR, and the
United States of America, hereinafter referred to as the GOVERNMENT OR FAA:
WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned,
covenant and agree as follows:
2. DESCRIPTION - The Lessor hereby leases to the FAA the following described premises: 7A -1,
Block 2 FBO Subdivision No. 5, according to Plat No. 92 -60, in the Kenai Recording District, Third
Judicial District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building
restriction clear zone easement, which will be utilized for the Automated Flight Service Station
(AFSS) building which contains 10,812 square feet of space, and Satellite Communications
Center (SACOM) Facilities at 470 North Willow Street, Kenai, Alaska.
3. TERM - To have and to hold, for the term commencing on October 1, 2012 and
continuing through September 30, 2022 inclusive, PROVIDED, that adequate
appropriations are available from year to year for the payment of rentals.
This lease succeeds lease number DTFAAL -08 -L- 00001, which expires on September
30, 2012.
4. CANCELLATION - The GOVERNMENT may terminate this lease at any time, in
whole or in part, if the Real Estate Contracting Officer (RECO) determines that a
termination is in the best interest of the Government, on or after December 31, 2012 by
giving at least 120 -day's notice in writing to the Lessor. No rental shall accrue after the
effective date of termination. Said notice shalt be computed commencing with the day
after the date of mailing.
5. RENTAL - Rent in the amount of $10,000.00 per month shall be payable to the Lessor
in arrears and will be due on the first workday of each month without the submission of
invoices or vouchers. Subject to available appropriations. Rent shall be considered paid
on the date a check is dated or an electronic funds transfer is made. Rent for a period of
Less than a month shall be prorated. Checks will be made payable to:
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611-7750
2.6.8 Standard Space Lease Form KENAI
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6. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services shall
be Building Standard, unless level of service is prescribed elsewhere in the lease.)
Services, utilities, and maintenance will be provided daily, extending from 6 a.m. to 6
p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical
equipment shall be supplied 24 hours a day, and seven days a week. The
GOVERNMENT shall have access to the leased premises at all times, including the use
of electrical services, toilets, lights, elevators, and GOVERNMENT office machines
without additional payment.
HEAT ONLY 72 DEG
ELECTRICITY
SPECIAL POWER — NOTED BELOW
WATER (hot & cold)
SNOW REMOVAL
TRASH REMOVAL
CHILLED DRINKING WATER
HVAC — 68 -72 DEG. F
DAILY TOILET SUPPLIES & CLEANING
DAILY JANITORIAL SERV. & SUPPLIES
GROUND MAINTENANCE
WINDOW WASHING — Frequency twice yearly
CARPET CLEANING — Frequency every 3 years
INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS
PAINTING — Frequency (5) five years Space
Frequency (10) ten years Public Areas
OTHER (SPECIFY) parking lot stripping (3) three years
Section 2 - GENERAL CLAUSES:
7A. INSPECTION (10/96) - 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. The GOVERNMENT shall have the right to perform sampling of suspected
hazardous conditions.
7B. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure
is partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions are found to exist so that the leased premises is untenantable as
determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in
whole or in part, immediately by giving written notice to the Lessor and no further rental
will be due.
7C. MAINTENANCE OF THE PREMISES (10/96) - The Lessor shall maintain the
demised premises, including the building, grounds, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this lease, in good repair and tenantable
condition.
2.6.8 Standard Space Lease Form KENAI
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The lessor shall recoat /replace the roof in 2013, and recoat every ten years
thereafter.
7D. FAILURE IN PERFORMANCE (10/96) - In the event the Lessor fails to perform
any service, to provide any item, or meet any requirement of this lease, the
GOVERNMENT may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The GOVERNMENT may deduct any costs incurred
for the service or item, including administrative costs, from the rental payments. No
deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT
on this lease.
7E. DEFAULT BY LESSOR (10/96) - (1) Each of the following shall constitute a default
by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver
the leased premises ready for occupancy by the GOVERNMENT with such diligence as
will ensure delivery of the leased premises within the time required by the lease
agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate
or service the premises as and when specified in this lease, or failure to perform any other
requirement of this lease as and when required provided such failure which shall remain
uncured for a period of time as specified by the Real Estate Contracting Officer,
following Lessor's receipt of written notice thereof from the Real Estate Contracting
Officer. (c) Repeated failure by the Lessor to comply with one or more requirements of
this lease shall constitute a default notwithstanding that one or all failures shall have been
timely cured pursuant to this clause.
(2) If default occurs, the GOVERNMENT may, by written notice to the Lessor, terminate
the lease in whole or in part.
7F. COMPLIANCE WITH APPLICABLE LAWS (10/96) - The Lessor shall comply
with all federal, state and local laws applicable to the Lessor as owner or lessor, or both,
of building or premises, including, without limitation, laws applicable to the construction,
ownership, alteration or operation of both or either thereof, and will obtain all necessary
permits, licenses and similar items at Lessor's expense. This lease shall be governed by
Federal law.
7G. ACCEPTANCE OF SPACE (8/02) — This property is presently being leased and
occupied by the Government. This lease supersedes lease agreement DTFAAL -08 -L-
00001.
For the purposes of this lease the Government accepts the premises for occupancy,
contingent upon all ABAAS requirements being met within twelve (12) months of
the commencement date of this Lease, or earlier.
7H. ALTERATIONS (10/96) - 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 remains the property of the
GOVERNMENT and may be removed or otherwise disposed of by the GOVERNMENT
2.6.8 Standard Space Lease Form KENAI
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subject to the Lessor's approval not to be unreasonably withheld. The Parties hereto
mutually agreed and understood, that no restoration rights shall accrue to the Lessor for
any alterations to the leased premises under this lease, and that the GOVERNMENT shall
have the option of abandoning alterations in place, when terminating the Lease, at no
additional cost.
7I. ACCESSIBILITY (10/06) - The Building and the leased premises shall be accessible
to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation
Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41
CFR Parts 102 -71, 102 -72, et.al and all applicable state and local accessibility laws and
regulations.
7J. CHANGES (8/02)
(1) The Real Estate Contracting Offi cer may at any time, by written order, make
changes within the general scope of this lease in any one or more of the
following:
Work or services;
Facilities or space layout; or
Amount of space, provided the Lessor consents to the change.
(2) If any such change causes an increase or decrease in Lessor's cost of or the time
required for performance under this lease, whether or not changed by the order,
the Real Estate Contracting Officer shall modify this lease to provide for one or
more of the following:
An equitable adjustment in the rental rate;
A lump sum equitable adjustment; or
An equitable adjustment of the annual operating costs per Occupiable square foot
specified in the SFO.
(3) The Lessor shall assert its right to an adjustment 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 Protest
and Disputes clause. However, nothing in this clause shall excuse the Lessor from
proceeding with the change as directed.
(4) Absent such written change order, the Government shall not be liable to Lessor
under this clause.
7K. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to Congress, or
resident commissioner, shall be admitted to any share or part of this contract, or to any
benefit arising from it. However, this clause does not apply to this contract to the extent
that this contract is made with a corporation for the corporation's general benefit.
7L. COVENANT AGAINST CONTINGENT FEES (8/02) - The Lessor 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
2.6.8 Standard Space Lease Form KENAI
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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.
7M. ANTI- KICKBACK (10/96) - The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the
Act), prohibits any person from (1) Providing or attempting to provide or offering to
provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States or in the contract price charged by a
subcontractor to a prime Contractor or higher tier subcontractor.
7N1. CONTRACT DISPUTES (11/03)
(a) All contract disputes and arising under or related to this lease contract shall be
resolved through the Federal Aviation Administration (FAA) dispute resolution
system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be
governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby
incorporated by reference. Judicial review, where available, will be in accordance
with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may
seek review of a final FAA decision only after its administrative remedies have been
exhausted.
(b) All Contract Disputes shall be in writing and shall be filed at the following
address:
Office of Dispute Resolution for Acquisition, AGC -70,
Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323,
Washington, DC 20591,
Telephone: (202) 267 -3290,
Facsimile: (202) 267 -3720
(c) A contract dispute against the FAA shall be filed with the ODRA within two (2)
years of the accrual of the lease contract claim involved. A contract dispute is
considered to be filed on the date it is received by the ODRA.
The full text of the Contract Disputes clause is incorporated by reference. Upon
request the full text will be provided by the RECO.
7N2. PROTEST (11/03)
(a) Protests concerning Federal Aviation Administration Screening Information
Requests (SIRs) or awards of lease contracts shall be resolved through the Federal
Aviation Administration (FAA) dispute resolution system at the Office of Dispute
Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth
in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial
review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply
only to final agency decisions. A protestor may seek review of a final FAA decision
only after its administrative remedies have been exhausted.
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(b) Offerors initially should attempt to resolve any issues concerning potential
protests with the Real Estate Contracting Officer (RECO).
(c) Protests shall be in writing and shall be filed at:
Office of Dispute Resolution for Acquisition, AGC -70,
Federal Aviation Administration, 800 Independence Avenue, S.W., Room
323, Washington, DC 20591,
Telephone: (202) 267 -3290,
Facsimile: (202) 267 -3720
(1) At the same time as filing the protest with the ODRA, the protestor shall serve
a copy of the protest on the Real Estate Contracting Officer (RECO).
(2) (d) A protest is considered to be filed on the date it is received by the ODRA
and shall be filed:
(i)
Not later than seven (7) business days after the date the
protester knew or should have known of the grounds for the
protest; or
(ii) If the protester has requested a post -award debriefing
from the RECO, not later than five (5) business days after
the date on which the RECO holds that debriefing.
The full text of the Protest clause is incorporated by
reference. Upon request the full text will be provided by the
RECO.
70. EXAMINATION OF RECORDS (8/02) - The Comptroller General of the United
States, the Administrator of FAA or a duly authorized representative from either shall,
until 3 years after final payment under this contract have access to and the right to
examine any of the Lessor's directly pertinent books, documents, paper, or other records
involving transactions related to this contract.
7P1 - PAYMENT BY ELECTRONIC FUND TRANSFER (OCT -06):
(a) Method of payment.
L All payments by the Government under this contract will be made by
electronic funds transfer (EFT), except as provided in paragraph (a) (2) or
(a) (3) of this lease. As used in this clause, the tet in "EFT" refers to the
funds transfer and may also include the payment information transfer.
Payment information transfer refers to the payment information normally
sent with a payment to assist the contractor in associating the payment to
specific contracts.
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2. In the event the Government is unable to release one or more payments
by EFT, the Contractor agrees to either;
a. Accept payment by check or
b. Request the Government to extend the payment due date until
such time as the Government can make payment by EFT (but see
paragraph (d) of this clause).
3. In the event that the Contractor is granted a waiver from EFT under the
exceptions as provided for in FAA AMS Section T3.3.I.A -7, the
Govemment payments will be made by check. A waiver from EFT is not
permanent, and the Contractor must register for EFT when the
circumstances that justified the waiver change.
(b) Contractor's EFT information. The Government will make payment to the
Contractor using the EFT information contained in the Central Contractor
Registration (CCR) database. In the event that the EFT information changes, the
Contractor will be responsible for providing the updated information to the CCR
database (Reference Clause, "Central Contractor Registration - Real Property ").
If the Contractor is granted an exemption from CCR, the contractor will follow
the requirements of alternate clause "Contractor Payment 1nfo,,.nation - Non-
CCR".
(c) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to the rules
of the National Automated Clearing House Association, or the Fedwire Transfer
System. The rules governing Federal payments through the ACH are contained in
31 CFR Part 210.
(d) Suspension of payment. If the Contractor's EFT information in the CCR
database is incorrect, then the Government is not required to make payments to
the Contractor under this contract until correct EFT information is entered into the
CCR database, and any invoice or contract financing request submitted during this
period of noncompliance will be deemed not to be a proper invoice for the
purpose of prompt payment under this contract. In such instances, the late interest
payment terms of the contract regarding notice of an improper invoice and delays
in accrual of interest penalties apply.
(e) Liability for incomplete or erroneous transfers.
1. If an incomplete or erroneous transfer occurs because the Govemment
used the Contractor's EFT information incorrectly, the Government
remains responsible for,
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(i) Making a correct payment;
(ii) Paying any late payment penalty due; and.
(iii) Recovering any erroneously directed funds.
2 [fan incomplete or erroneous transfer occurs because the Contractor's
EFT information was incorrect, or was revised within 30 days of
Govemment release of the EFT payment transaction instruction to the
Federal Reserve System, and,
(i) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the
Contractor is responsible for recovery of any erroneously directed
funds; or
(ii) If the funds remain under the control of the payment office, the
Government will make payment under the provisions of paragraph
(d)) "Suspension of Payment ".
(1) EFT and payment terms. A payment will be deemed to have been made in a
timely manner in accordance with the payment terms of this contract if, in the
EFT payment transaction instruction released to the Federal Reserve System, the
date specified for settlement of the payment is on or before the payment due date,
provided the specified payment date is a valid date under the rules of the Federal
Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this
contract, as provided for in the assignment of claims terns of this contract, the
Contractor will require that the assignee register separately in the CCR database
and that the assignee agree that payments will be made by EFT in accordance
with the terms of this clause. The requirements of this clause will apply to the
assignee as if it were the Contractor. EFT information that shows the ultimate
recipient of the transfer to be other than the Contractor or the CCR registered
assignee is incorrect EFT information within the meaning of paragraph (d)
"Suspension of Payment" clause.
(h) EFT and Change of Name or Ownership Changes. If the Contractor transfers
ownership of the property under lease or changes its business name, it will follow
the requirements of section (g) of clause, "Central Contractor Registration - Real
Property ".
(i) Liability for change of EFT information by financial agent. The Government is
not liable for errors resulting from changes to EFT information made by the
Contractor's financial agent.
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0) Payment information. The accounting office will forward to the Contractor
available payment information that is suitable for transmission as of the date of
release of the EFT Instruction to the Federal Reserve System. The Government
may request the Contractor to designate a desired format and method(s) for
delivery of payment information from a list of formats and methods the payment
office is capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any particular payrnent
office and retains the latitude to use the fonnat and delivery method most
convenient to the Government. The Contractor can obtain detailed payment
information by registering for the US Treasury PAID system. This can be done
on the Internet by logging onto the website: https: / /fuisanps.treas.gov /paid /. If the
Government makes payment by check in accordance with paragraph (a) of this
clause, the Government will mail the payment information to the remittance
address contained in the contract and CCR database.
7P2 - CENTRAL CONTRACTOR REGISTRATION - REAL PROPERTY (OCT -06)
The FAA uses the Central Contractor Registration (CCR) system as the primary means to
maintain Contractor information required for payment under any FAA contract.
(a) Definitions. As used in this clause for:
(1) "Central Contractor Registration. (CCR) database" means the primary
Government repository for Contractor information required for the conduct of
business with the Government.
(2) "Contractor" is synonymous with "Lessor" for real property leases or other
contracts
(3) "Data Universal Numbering System (DUNS) number" means the 9 -digit
number assigned by Dun and Bradstreet, Inc. (D &B) to identify unique business
entities.
(4) "Data Universal Numbering System +4 (DUNS +4) number" means the
DUNS number assigned by D &B plus a 4- character suffix that may be assigned
by a business concern. (D &B has no affiliation with this 4- character suffix.) This
4- character suffix may be assigned at the discretion of the business concern to
establish additional CCR records for identifying alternative Electronic Funds
Transfer (EFT) accounts for the same parent concern.
(5) "Registered in the CCR database" means that the Contractor has entered all
mandatory information, including the DUNS number or the DUNS +4 number,
into the CCR database.
(b) By submission of an offer, the offeror acknowledges that:
(1) A prospective awardee will be registered in the CCR database prior to
award, during performance, and through final payment.
(2) The offeror will enter, in the space provided on the clause, Contractor
Identification Number Data Universal Numbering System (DUNS)
Number -
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Real Propertyi, the offerors DUNS or DUNS +4 number that identifies the offerors
name and address exactly as stated in the offer. The DUNS number will be used
by the Contracting Officer to verify that the offeror is registered in the CCR
database.
(c) If the offeror does not have a DUNS number, it will contact Dun and Bradstreet
directly to obtain one.
(1) An offeror may obtain a DUNS number:
(i) If located within the United States, by calling Dun and Bradstreet at 1 -866-
705 -5711 or via the Internet at http: / /www.dnb.com; or
(ii) if located outside the United States, by contacting the Local Dun and
Bradstreet office.
(2) The offeror will be prepared to provide the following info, ration:
(i) Company* legal business.
(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).
(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).
* Individual (non - corporate) Lessors of real property that are not normally
in the business of leasing real property: You should consider your leasing
to the Government as a separate business (usually a sole proprietorship)
then provide the pertinent ownership information as an sole ptupiietor
when providing this information to Dunn & Bradstreet.
(d) If an otherwise successful Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer may proceed to
award to the next otherwise successful registered Offeror, if the Contracting Officer
determines it to be in the best interests of the Government.
(e) Processing time, normally 48 hours, will be taken into consideration when registering.
Offerors who are not registered will consider applying for registration immediately upon
receipt of this solicitation.
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(f) The Contractor is responsible for the accuracy and completeness of the data within the
CCR database, and for any liability resulting from the Government's reliance on
inaccurate or incomplete data. To remain registered in the CCR database the Contractor is
required to review and update, on an annual basis from the date of initial registration or
subsequent updates, its information in the CCR database to ensure it is current, accurate
and complete. Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed contractual document.
(g) Changes
(1) Name or Ownership Changes
(i) If a Contractor has legally changed its business name, "doing business
as" name, or division name (whichever is shown on the contract), or has
transferred the assets used in perfomring the contract, the Contractor will
provide the responsible Contracting Officer a minimum of one business
days written notification of its intention to:
a) Change the name in the CCR database;
b) Agree in writing to the timeline and procedures the Contracting
Officer specifies to document the requested change in the contract. With
notification, the Contractor will provide sufficient documentation to
support the legally changed name then execute the appropriate
supplemental agreement to document the name change provided by the
Contracting Officer.
(ii) The Contractor's entry of the name /ownership change in CCR does
not relieve the Contractor of responsibility to provide proper notice of the
name change to the Contracting Officer. The change in CCR cannot be
made effective until the appropriate documentation/ supplemental
agreement is executed by the Contracting Officer. Any discrepancy in
payee information in CCR caused by a failure to fulfill the requirements
specified in paragraph (g)(1) (i) above, will result in a discrepancy that is
incorrect information, within the meaning of paragraph (d) Suspension of
Payment of the electronic funds transfer (EFT) clause of this contract.
(2) Assignment of Claims. The Contractor will not change the name or address for
EFT payments in the CCR or manual payments to reflect an assignee. Assignees
must separately register in the CCR database. The Contractor will notify the
Contracting Officer and will comply with the instructions for submitting an
Assignment of Claims notification. Information provided to the Contractor's
CCR record that indicates payments, including those made by EFT, to an ultimate
recipient other than that Contractor, without proper notice to the Contracting
Officer, will be considered to be incorrect information within the meaning of the
paragraph (d) "Suspension of payment" of the EFT clause of this contract.
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(h) Exceptions to CCR. As provided for in AMS Procurement Toolbox Section
T3.3.1.A -8, "Central Contractor Registration ", certain contractors may qualify by limited
exceptions to CCR waiver. If a contractor is determined by the Contracting Officer to
merit justification of a waiver from CCR, then the contractor will provide initial payment
information and any future vendor information changes to the Contracting Officer on the
"Vendor Miscellaneous Payment Information" form, provided by the Contracting
Officer. An alternate clause, "Contractor Payment Infounation -Non CCR" will be
included in the contract and the lessor /vendor will comply with the terms of that clause.
Having an exception from CCR does not excuse a vendor from EFT payment
requirements, as required in the clause, "Payment by Electronic Fund Transfer - Real
Property ".
(i) Offerors and Contractors may obtain information on registration and annual
confirmation requirements via the internet at http: / /www.ccr.gov or by calling 1- 888 -227-
2423, or 269 -961 -5757.
7P3 - CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL
NUMBERING SYSTEM (DUNS) NUMBER - REAL PROPERTY (OCT 2006)
(a) Definitions. As used in this clause
"Contractor Identification Number," as used in this provision, means "Data Universal
Numbering System (DUNS) number, which is a nine -digit number assigned by Dun and
Bradstreet Information Services, to identify unique business entities (taken from CCR
clause)
"Data Universal Numbering System +4 (DUNS +4) number" means the DUNS number
assigned by D &B plus a 4- character suffix that may be assigned by a business concern.
(D &B has no affiliation with this 4- character suffix.) This 4- character suffix may be
assigned at the discretion of the business concern to establish additional CCR records for
identifying altemative Electronic Fund Transfer.
(b) Contractor identification is essential for receiving payment and complying with
statutory contract reporting requirements. Therefore, the offeror will provide its DUNS or
DUNS +4 number below. The DUNS _number will be used by the Contracting Officer to
verify that the offeror is registered in the CCR database.
DUNS OR DUNS +4 NUMBER: 002174159
(c) If the offeror does not have a DUNS number, he should contact Dun and Bradstreet
at 1 -866- 705 -5711, or via the internet at http: / /www.dnb.com directly to obtain one.
Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of
clause "Central Contractor Registration -Real Property ".
7P4 CERTIFICATION OF REGISTRATION IN CENTRAL CONTRACTOR
REGISTRATION (CCR) (Oct -06)
(a) In accordance with clause, "Central Contractor Registration -Real Property ", and by
submission of this offer, the offeror certifies that they are registered in the CCR Database
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and have entered all mandatory information including the DUNS or DUNS +4 Number
required in clause, "Contractor Identification Number -Data Universal Numbering System
(DUNS) Number - Real Property ".
(b) /
Signature of Offeror /Date
7Q. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims Act, as
amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under
this lease.
7R. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) - The
GOVERNMENT agrees, in consideration of the warranties herein expressed, that this
lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and
other security instruments now or hereafter imposed upon the premises, so long as such
subordination shall not interfere with any right of the GOVERNMENT under this lease.
The Parties hereto mutually agreed that this subordination shall be self - operative and that
no further instrument shall be required to effect said subordination.
In the event of any sale of the premises, or any portion thereof, or any such transfer of
ownership, by foreclosure of the lien of any such security instrument, or deed provided in
lieu of foreclosure, the GOVERNMENT will be deemed to have attomed to any
purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to
have assumed all rights and obligations of the Lessor under this lease, establishing direct
privity of estate and contract between the GOVERNMENT and said
purchasers /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 that such transferees shall promptly provide, following
such sale or transfer, appropriate documentation deemed necessary by the Real Estate
Contracting Officer, and shall promptly execute any instrument, or other writings, as
shall be deemed necessary to document the change in ownership.
7S. LESSOR'S SUCCESSORS (10/96) - The terms and provisions of this lease and the
conditions herein bind the Lessor and the Lessor's heirs, executors, administrators,
successors, and assigns.
7T. SUBLEASE (10/96) - The GOVERNMENT reserves the right to sublease the space
covered under this lease to another agency or private party with written approval from the
City of Kenai. If the City agrees to allow the FAA to sublease to another party the
GOVERNMENT is not relieved from its responsibilities under the terms of this lease,
unless otherwise agreed upon with the Lessor.
7U. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon strict
performance of any provision of this lease, or failure to exercise any right, or remedy
consequent to a breach thereof, shall constitute a waiver of any such breach in the future.
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7V. INTEGRATED AGREEMENT (10/96) - 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 this lease.
7W. EQUAL OPPORTUNITY (10/96) - The Lessor shall have on file affirmative action
programs required by the rules and regulations of the Secretary of Labor (41 CFR 60 -1
and 60 -2).
7X. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (10/96) - The Lessor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era
Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the Lessor does
not comply with the requirements of this clause, appropriate actions may be taken under
the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
7Y. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) - The Lessor
agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
(Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as
amended. If the Lessor does not comply with the requirements of this clause, appropriate
actions may be taken under the rules, regulations, and relevant orders of the Secretary
issued pursuant to the Act.
7Z. SEISMIC SAFETY FOR EXISTING BUILDINGS (1/07) — Unless it is determined
by the GOVERNMENT'S Contracting Officer that seismically conforming premises are
not available, all existing buildings leased by the GOVERNMENT under this contract
must meet the minimum acceptable performance seismic standard of 'Life Safety' as
specified in Section 2.2 of Standards of Seismic Safety for Existing Federally Owned or
Leased Buildings and Commentary issued by the Interagency Committee on Seismic
Safety in Construction as ICSSC RP -6. RP -6 is available on -line at
(http: // fire. nist. gov/ bfrlpubs/build0l/PDF/b01056.pdf) and is available in print from the
National Institute of Standards and Technology as NISTIR 6762.
All offers received in response to screening information request will be evaluated to
determine whether they are in compliance with "Life Safety ". If at least one offeror is
fully compliant, all offerors who are not fully compliant will be considered non-
responsive and ineligible for award.
In the event a building with a certification of seismic compliance is occupied by the
GOVERNMENT and is later determined to not meet the standard indicated on the
certification form, the GOVERNMENT at its discretion may require the Lessor to meet
the agreed upon standard or may terminate this lease upon giving written notice, with no
cost accruing to the GOVERNMENT, not withstanding any other agreements contained
in this lease.
(a) COMPLIANCE with LIFE SAFETY
Buildings designed and constructed in compliance with the seismic requirements
of the building codes delineated in Section 1.3.1 of RP -6 are considered to fully
meet the GOVERNMENT'S minimum seismic requirement. The offeror shall
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provide proof of compliance in the form of a written certification by an
independent licensed structural engineer that the building was designed, built and
maintained to the requirements of RP -6. The structural engineer certification
shall be in the format of the enclosed CERTIFICATION OF SEISMIC
COMPLIANCE. If the building cannot be certified in accordance with RP -6, the
structural engineer must evaluate the building using the American Society for
Civil Engineers (ASCE) 31 -03, Seismic Evaluation of Existing Buildings and
attach the evaluation to the Certification of Seismic Compliance. Buildings
meeting the requirements of ASCE 31 -03 using a safety objective of `Life Safety'
are considered to meet the GOVERNMENT'S requirement.
(b) LESS THAN LIFE SAFETY
Existing buildings, which cannot achieve life safety, will require documentation
by an independent licensed structural engineer to describe the actual level of
seismic compliance.
In the event a building with a certification of seismic compliance is occupied by
the GOVERNMENT and is later determined to not meet the standard indicated on
the certification form, the GOVERNMENT at its discretion may require the
Lessor to meet the agreed upon standard or may terminate this lease upon giving
written notice, with no cost accruing to the GOVERNMENT, not withstanding
any other agreements contained in this lease.
7AA. LABOR STANDARDS (6/09) — By signing this lease, the Lessor certifies to the
Real Estate Contracting Officer (RECO) that all laborers and mechanics employed or
working upon the leased premises will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the Lessor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (d) of
this clause; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period are deemed to be constructively made or incurred during such
period. Such laborers and mechanics shall be paid not less than the appropriate wage rate
and fringe benefits in the wage determination for the classification of work actually
performed, without regard to skill, except as provided in the clause titled "Apprentices,
Trainees, and Helpers." Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage
determination (including any additional classifications and wage rates conformed under
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paragraph (b) of this clause) and the Davis -Bacon poster (WH -1321) shall be posted at all
times by the Lessor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
Section 3 - CLOSING
NOTICES -
All notices /correspondence shall be in writing, reference the Lease number, and be
addressed as follows:
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611 -7794
FEDERAL AVIATION ADMININSTRATION
Real Estate and Utilities Group
1601 Lind Avenue SW
Renton, Washington 98057
ATTACHMENTS -
See herein attached - Attachment A
IN WITNESS WHEREOF, the parties hereto have signed their names:
9a. NAME AND TITLE ]9b. SIGNATURE OF 9c. DATE
OF OWNER(Type or Print) IOWNER
THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
SUNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER.
10a. NAME OF REAL 10b. SIGNATURE OF TIOc. DATE
ESTATE CONTRACTING REAL ESTATE
OFFICER(Type or Print CONTRACTING OFFICER
Damon McGruder
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ATTACHMENT A
Lease No: DTFAWN -13 - L - 00002
I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
AI- Adhesives and Sealants (11 /11)
The Lessor shall use adhesives and sealants that contain no formaldehyde or heavy metals.
A2- Ceilings (10/96)
Must have acoustical treatment with a flame spread of 25 or less and smoke development rating
of 50 or Less.
A3 -Doors (10/96)
Exterior doors shall be weather tight, equipped with cylinder locks and door checks, automatic
door closures and open. outward. The FAA will be furnished at least two master keys and two
keys for each lock. Interior doors must be solid cord and at least 32 by 80 inches with a minimum
opening of 32 inches and be of sturdy construction. Fire doors shall conform to NFPA Standard
No. 80. As designated by the FAA, doors shall be equipped with non - removable hinge pins, and
"Best" locks with 7 -pin removable cores. The FAA shall provide cores.
A4 -Floor Load (8/02)
All adjoining floor areas shall be 1) of a common level not varying more than 1/4 inch over a 10-
foot, 0 -inch horizontal run in accordance with the American Concrete Institute standards, 2) non-
slip, and 3) acceptable to the Real Estate Contracting Officer. Under floor surfaces shall be
smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per square
foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum
live Load capacity of 100 pounds per square foot including moveable partitions. A report showing
the floor load capacity, at no cost to the Government, by a registered professional engineer may
be required by the Contracting Officer.
AS- General Health and Safety Standards (8/02)
Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes shall
be complied with when accomplishing any cleaning, construction, renovation, remodeling,
maintenance or testing done in the leased space and areas connected to or integrated with the
leased space. Whenever FAA Standards require work processes or precautions to be provided, the
Lessor shall coordinate with the FAA during the work so that proper requirements are met.
A6 -HVAC (10/96)
Heating, ventilation and air - conditioning systems are required which maintain a temperature
range of 68 -72 degrees Fahrenheit year- round. These temperatures must be maintained
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throughout the leased premises and service areas regardless of outside temperatures during hours
of operation. For further information see ASHRAE standard ANSI/ ANSI /ASHRAE 62 -1999 -
Ventilation for Acceptable Indoor Air Quality.
A7- Lighting (10/96)
Modem, diffused, energy efficient (T -8 or better) fluorescent fixtures shall be provided
maintaining a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting
must provide at least 0.5 foot candles of illumination throughout the exit path, including exit
access routes, exit stairways, or other routes such as passageways to the outside of the building.
The Lessor shall replace all interior lighting fixtures as necessary within six (6) months of
lease execution. Lessor will replace all interior lighting fixtures due to failure.
A8- Painting (8/02)
Prior to occupancy all surfaces must be newly painted with non -lead based paints in colors
acceptable to the FAA. All surfaces must be repainted after working hours at Lessor's expense at
least every (5) five years. This includes moving and return of the furniture.
Any existing lead based paint shall be properly maintained and managed per existing regulatory
requirements. If there is flaking paint, it would need to be sampled for lead. If containing lead, it
would need to be abated prior to occupancy. This could be done either by removal or sealing with
an encapsulating material.
A9- Parking (10/06)
At no additional cost to the FAA, the Lessor shall provide 90 reserved off - street parking spaces
located at the facility. The Lessor shall maintain the parking areas in good repair and provide
snow and ice removal.
The Lessor shall repaint parking lot markings, and repaint every three (3) years thereafter,
beginning with lease execution. The Lessor shall be responsible for asphalt sealing of
parking lot every six years, beginning with lease execution.
A10- Prior Notification (8/02)
A pre - construction meeting shall be held at the facility prior to the commencement of any
cleaning, construction, renovation, remodeling, repair, maintenance or testing within the leased
premises and areas connected to or integrated with the leased premises. If any items on the
checklist are questionable or undone, full resolution of the issues will be expected before the
project starts. The pre - construction meeting will be planned, scheduled, and coordinated, with the
Goverrnnent's supervisor or manager responsible for the facility, at least one week before the
execution of the work.
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Al 1- Restrooms and Drinking Fountains (7/09)
Separate toilet facilities for men and women shall be provided on each floor where the FAA
leases space. Water closets and urinals shall not be visible when the exterior door is open. Each
toilet room shall contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste
receptacles; a coin operated sanitary napkin dispenser with receptacle for each women's toilet,
disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water for all
restrooms. (The FAA will advise if additional facilities are required.). The Lessor shall provide a
minimum of one chilled accessible drinking fountain with potable water within every 200 feet of
travel.
Al2- Window and Floor Covering (8/02)
All exterior windows shall be equipped with window covering. Floors will be carpeted with a
commercial grade of carpet acceptable to the FAA. Existing floor and window covering may be
accepted at the discretion of the Real Estate Contracting Officer however; prior to occupancy all
carpeting and window covering shall be cleaned.
At no additional cost to the FAA, the Lessor shall replace carpeting at least every five (5) years,
and vinyl or tiles every ten (10) years during FAA occupancy or any time during the lease when:
• Backing or underlayment is exposed
• There are noticeable variations in surface color or texture
Y Any carpeting or vinyl creating safety or tripping hazards shall be repaired or replaced
immediately to FAA satisfaction
Replacement includes moving and return of furniture.
FAA will be responsible for replacement of floor covering in the Operations and Equipment
Area's.
[I. SECTION B - SERVICES, UTILITIES, AND MAINTENANCE
B1- Grounds Maintenance (10/96)
The FAA shall maintain in good condition landscape plants and lawns.
B2 -Pest Control (8/02)
The Lessor shall exterminate and control pests within the premises within a timely manner as
required by the Government. Notice shall be provided to the users of the building before any
application of herbicide(s) /pesticide(s) or other chemical pest control. OSHA requirements for
Hazard Communication shall apply for the use of hazardous materials used in pest control.
Copies of Material Safety Data Sheets (MSDS) for all chemicals applied shall be provided to the
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FAA before application. Only licensed applicators shall be allowed to apply chemicals.
Herbicides /pesticides are not to be applied near the outside air intakes of the building during
normal working hours and when the system is in operation.
B3- Services and Facilities (10/96)
The Lessor shall provide to the Government, as part of the rental consideration, the following:
• Heating, air conditioning, and ventilation that provide for the comfortable occupancy of
the premises. Temperatures will be thermostatically controlled to maintain a temperature
of 68 - 72 degrees Fahrenheit. These temperatures must be maintained throughout the
leased premises and service areas, regardless of outside temperatures, during the FAA's
normal hours of operation.
• Electrical power to the premises for the operation of lights, communications equipment,
and office machines.
• Water (hot and cold) and sewer to leased premises,
• Trash removal for leased premises.
B4- Utilities Not Provided By The Lessor (10/96)
If the cost of utilities is not included as part of the rental consideration, the Lessor must specify
which utilities are excluded. The Lessor shall provide separate meters for utilities to be paid for
by FAA. When FAA is to pay for utilities, the Lessor will furnish the Real Estate Contracting
Officer, prior to occupancy by the FAA, written verification of the meter numbers and
certification that these meters will measure FAA usage only. Proration is not permissible. If the
cost of utilities for heating, ventilation, and air conditioning is not included as part of the rental
considerations, an automatic control system will be provided to assure compliance with heating
and air conditioning provisions included in this specifications package.
Utilities Not Covered by the Lessor
• Water
• Sewer
• Trash Removal
• Natural Gas
• Electricity
• Telephone /Communications
III. SECTION C - SAFETY AND FIRE PREVENTION
C1 -Fire and Safety Requirements (8/02)
All NFPA Standards addressed in this section reference the current edition of NFPA in place at
the signing of this contract. At any point when construction takes place, systems should be
brought into compliance according to the current edition of NFPA. The building shall, as required
by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained
in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13),
and have water -flow alarm switches connected to automatically notify the local fire department
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(NFPA No. 72) or central station (NFPA No. 71). The notification of the fire department or
central station shall be accomplished through the building fire alarm system. Regardless of code
requirements when the leased space (including garage areas under lease by the FAA) is on the 6th
floor and above, or below grade, sprinklers are required.
A manual fire alarm system shall be provided, maintained, and tested by the Lessor in accordance
with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or
contain more than 50,000 square feet gross floor area. The fire alarm system wiring and
equipment must be electrically supervised and automatically notify the local fire department and
conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall
be maintained in accordance with the manufacturer's recommendations.
Fire - safety, equivalent to the requirements stated above in this clause, may be accepted, at the
discretion of the Real Estate Contracting Officer, if certified by a Licensed Fire Protection
Engineer.
Portable fire extinguishers shall be provided, inspected, and maintained by the Lessor in
accordance with NFPA Standard No.10.
C2- Indoor Air Quality (8/02)
The Lessor shall control contaminants at the source and/or operate the space in such a manner
that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde
(HCHO), are not exceeded. The indicator levels for office area are as follows: CO -9 parts per
million (PPM) time weighted average (TWA - 8 -hour sample); CO2 - 1,000 PPM (TWA); HCHO
- 0.1 PPM (TWA), All indoor air contaminant levels in Leased space will be kept below
appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and
facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual
evidence of these will require immediate sampling and remediation. Moisture /standing water will
be controlled to prevent the growth of these.
During working hours, ventilation shall be provided in accordance with the latest edition of
ANSJIASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality.
The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement
controls including alteration of building operating procedures (e.g., adjusting air intakes,
adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is responsible for
addressing IAQ problems resulting from its own activities.
MSDS will be provided for all cleaning solutions used in the FAA spaces.
C3 -OSHA Requirements (10/96)
The Lessor shall provide space, services, equipment, and conditions that comply with
Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR
1910 and 1926).
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C4 -Radon (1.0/96)
Radon levels in space leased to the FAA shall not equal or exceed the EPA action level for
buildings of four (4) picocuries per liter (pCi /L). If radon levels are found to be at or above 4
pCi /L, the Lessor shall develop and promptly implement a plan of corrective action.
C5- Refrigerants (8/02)
The Lessor shall identify which refrigerants are used in the HVAC systems in the spaces covered
by this lease. The lease should provide for use of refrigerants consistent with EPA and ASHRAE
requirements.
C6- Warranty Of Space (8/02)
(a) Notwithstanding inspection and acceptance by the Government or any provision
concerning the conclusiveness thereof, the Lessor warrants that all space leased to the
Government under this contract, spaces above suspended ceilings in the leased space, air
plenums elsewhere in the building which service the leased space, engineering spaces in
the same ventilation zone as the leased space, public spaces and common use space (e.g.,
lobbies, hallways) will, at the time of acceptance and during the tern of the lease
contract, comply with the asbestos containing material (ACM) and polychlorinated
biphenyl (PCB) requirements of the Toxic Substance Control Act. The Real Estate
Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery,
of any failure to comply with the asbestos requirement. With any construction work,
Lessor would be required to comply with the OSHA regulations for Asbestos and
relevant FAA orders.
(b) The leased premises shall be free of all asbestos - containing material, PCB's, Radon,
and other environmentally hazardous substances. If either ACMs or PCBs are found to be
in the leased space the Government reserves the right to require the Lessor, at no cost to
the GOVERNMENT, to take whatever corrective action as might be required by the
Toxic Substance Control Act, EPA regulations and state requirements. All facilities
constructed prior to 1981 are to have an asbestos building survey conducted by a
qualified inspector including a visual examination and bulk sampling. All ACM survey
reports are to be made available to the Real Estate Contracting Officer.
(c) if the Lessor fails, after receipt of notice, to make correction within the specified
period of time, the Government shall have the right to make correction and charge to the
Lessor the costs occasioned to the FAA or terminate the lease agreement at no cost to the
Government.
(d) The rights and remedies of the FAA in this clause are in addition to any other rights
and remedies provided by the law and under this contract.
(e) Definitions.
(1) "Acceptance ", as used in this clause means the act of an authorized
representative of the Government by which the Government assumes for itself, or
as an agent of another, the leased premises as ready for occupancy or approves a
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portion of the premises for occupancy in accordance with the provisions of this
lease contract.
® (2) "Correction ", as used in this clause, means (i) the removal, encapsulation or
enclosure of any friable asbestos materials found in the space leased to the
Government, spaces above suspended ceilings in the leased space, air plenums
elsewhere in the building which service the leased space, public spaces,
engineering spaces in the same ventilation zone as the leased space and common
use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor
shall adhere to the FAA's required post - asbestos - abatement air monitoring
program. (ii) With regard to non - friable asbestos materials in good condition, it
means the establishment and execution of a special operations and maintenance
program and an abatement plan, approved by the Government, to be
implemented from the time the materials are discovered through the remainder of
the lease term, and (iii) with regard to PCBs, it involves the removal or
retrofitting, in accordance with EPA regulations, of any PCB equipment present
in the building.
IV. SECTION D — MISCELLANEOUS
Dl -Day to Day Extension (8/02)
The Goverument shall continue to occupy the premises for a period not to exceed 180 days after
the end of the lease tern including all option periods. The rent shall be paid monthly in arrears on
a prorated basis at the rate paid on the date of the lease expiration, until one of the following
events occurs: (1) the extension day period expires: (2) a new lease commences, (3) the
Government acquires a fee simple or other long -term interest in the property through negotiation
or eminent domain or (4) the Government vacates the leased premises; whichever occurs first.
The accrued rent computed on a daily basis shall be due and payable in arrears at the end of each
month until the amount accrued by the end of the month has been fully paid.
D2- Erection of Signs (10/96)
The Government shall have the right to erect on or attach to the Lessor's premises such signs as
may be required to clearly identify the Government's facility. Said signs so erected will remain
the property of the Government and shall be removed from the premises upon termination of the
Lease.
D3 -Hold Harmless (10/96)
In accordance with and subject to the conditions, limitations and exceptions set forth in the
Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act"
the Government will be liable to persons damaged by any personal injury, death or injury to or
loss of property, which is caused by a negligent or wrongful act or omission of an employee of
the Government while acting within the scope of his office or employment under circumstances
where a private person would be liable in accordance with the law of the place where the act or
omission occurred. The foregoing shall not be deemed to extend the Government's liability
beyond that existing under the Act at the time of such act or omission or to preclude the
Government from using any defense available in law or equity.
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D4- Installation Of Antennas, Cables And Other Appurtenances (10/96)
The FAA shall have the right to install, operate and maintain antennas, wires and their supporting
structures including any linking wires, connecting cables and conduits atop and within buildings
and structures, or at other locations, as deemed necessary by the Government.
D5- Non - Restoration (10/96)
The FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
premises under this lease. It is further agreed that the FAA may abandon in place any or all of the
structures, improvements and /or equipment installed in or located upon said property by the FAA
during its tenure. Notice of abandonment will be conveyed to the Lessor in writing.
D6- Unauthorized Negotiating (1.0/96)
In no event shall the Lessor enter into negotiations concerning the space leased or to be leased
with other than the real estate contracting officer or his designee.
D7- Wiring For Telephones (10/96)
The Government reserves the right to provide its own telephone service in the space to be leased.
It may have inside wiring and telephone equipment installed by the local telephone company or a
private contractor. Alternately, the FAA may wish to consider using inside wiring provided by the
building, if available. However, the final decision will remain the Govenunent.
V. SECTION E - SECURITY REQUIREMENTS
E1- Facility Security (Updated 4/09)
Security requirements for Government occupied space must meet minimum - security accreditation
standards for the type of facility covered by this lease. The FAA Facility Security Management
Program defines facility security accreditation standard levels. The security requirements
identified below are tailored specifically for the type of facility covered by this solicitation. The
Lessor shall provide or make accommodation to provide for all the security requirements listed
herein for the leased premises covered by this lease agreement:
Contact your local Servicing Security Element (SSE) Pam Smith at 907- 271 -2193 for a list of
your security requirements.
The local SSE will determine any additional security upgrades that are required to meet
accreditation and shall conduct a final security assessment of the building. The Lessor shall
provide maintenance services to the security upgrades installed within the leased premises and
covered under this lease.
E2- Contractor Personnel Suitability Requirements (4/09)
(a) This clause applies to the extent that this contract requires contractor employees,
subcontractors, or consultants to have unescorted access to FAA:
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(I) Facilities;
(2) Sensitive information; and/or;
(3) Resources regardless of the location where such access occurs, and none of
the exceptions of FAA Order 1600.72A, Contractor and Industrial Security
Program, Chapter 5, paragraphs 4, 6, 7 and 8 pertains.
Definitions of applicable terminology are contained in the corresponding
guidance and FAA Order 1600.72A, appendix A.
(b) Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE)
has approved designated risk levels for the positions under the contract. Those designated
risk levels are:
(c) If a National Agency Check with Inquiries (NACI) or other investigation is required
under paragraph (b) for a given position, the contractor will submit to the Contracting
Officer (CO) a point of contact (POC) that will enter applicant data into the Vendor
Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA system used to process
and manage security information for FAA contractor personnel. Each contract may have
up to 5 POCs. Once designated, a VAP administrator will provide each POC a Web ID
and password.
The type of investigation conducted will be determined by the position risk level
designation for all duties, functions, and/or tasks performed and will serve as the basis for
granting a favorable employment suitability authorization as described in FAA Order
1600.72A. If an employee has had a previous U. S. Government conducted background
investigation which meets the requirements of Chapter 5 of FAA Order 1600.72A and
Homeland Security Presidential Directive 12 (HSPD -12), it will be accepted by the FAA.
However, the FAA reserves the right to conduct further investigations, if necessary. The
contract may include positions that are temporary, seasonal, or under escort only. In such
cases, a FAA Form 1600 -77 for each specific position will be established as the
investigative requirements may differ from the NACI.
The following information must be entered into VAP by the POC for each applicant
requiring an investigation:
• Name;
• Date and place of birth (city and state);
• Social Security Number (SSN);
• Position and office location;
• Contract number;
• Current e -mail address and telephone number (personal or work); and
• Any known information regarding current security clearance or previous
investigations (e.g. the name of the investigating entity, type of background
investigation conducted, contract number, labor category (Position), and
approximate date the previous background investigation was completed).
If a prior investigation exists and there has not been a 2 year break in service by the
applicant, the SSE will notify the contractor that no investigation is required and that
final suitability is approved.
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If no previous investigation exists, the SSE will send the applicant an e -mail (this step
may be delegated to VAP POC):
• Stating that no previous investigation exists and the applicant must complete a
than through the Electronic Questionnaires for Investigations Processing (eQIP)
system
• Instructing the applicant how to enter and complete the eQIP form;
s Providing where to send/fax signature and release pages and other applicable
forms; and
• Providing instructions regarding fingerprinting.
The applicant must complete the eQIP form and submit other required material within 15
days of receiving the e -mail from the SSE.
For items to be submitted outside eQIP, the contractor must submit the required
infoiuiation with a transmittal letter referencing the contract number to:
Headquarters Contracts:
Manager, Personnel Security Division, AIN -400
800 Independence Avenue, S.W., Room 315
Washington, D.C. 20591
Regional and Center Contracts:
Manager, Security & Hazardous Materials Branch
222 W. 7th #14
Anchorage, AK 99513 -7587
The transmittal letter must also include a list of all of the names of contractor employees
and their positions for which completed forms will be submitted to the SSE pursuant to
this Clause.
(d) The contractor must submit the information required by paragraph (c) of this Clause
for any new employee not listed in the Contractor's initial submission who is hired into
any position identified in paragraph (b) of this Clause.
(e) The CO will provide notice to the contractor when any contractor employee is found
to be unsuitable or otherwise objectionable, or whose conduct appears contrary to the
public interest, or inconsistent with the best interest of national security. The contractor
must take appropriate action, including the removal of such employee from working on
this FAA contract, at their own expense. Once action has been taken, the contractor will
report the action to the CO and SSE.
(f) No contractor employee will work in a high, moderate, or low risk position unless the
SSE has received all fours necessary to conduct any required investigation and has
authorized the contractor employee to begin work.
(g) The contractor must notify the CO within one (1) business day after any employee
identified pursuant to paragraph (c) of this Clause is terminated from performance on the
contract. This notification must be done utilizing the Removal Entry Screen of VAP. If
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FAA issued the terminated employee and identification card, the contractor must collect
the card and submit it to the SSE.
(h) The CO may also, after coordination with the SSE and other security specialists,
require contractor employees to submit any other security information (including
additional fingerprinting) deemed reasonably necessary to protect the interests of the
FAA. In this event, the contractor must provide, or cause each of its employees to
provide, such security information to the SSE, and the same transmittal letter
requirements of paragraph (c) of this Clause applies.
(i) The contractor and /or subcontractor(s) must contact the Servicing Security Elements
(Regional and/or Center Security Divisions) or AIN-400 at Headquarters within one (1)
business day in the event an employee is arrested (detained by law enforcement for any
offenses, other than minor traffic offenses) or is involved in theft of goverment property
or the contractor becomes aware of any information that may raise a question about the
suitability of a contractor employee.
0) Failure to submit information required by this clause within the time required may be
determined by the CO a material breach of the contract.
(k) If subsequent to the effective date of this contract, the security classification or
security requirements under this contract are changed by the Government and if the
changes cause an increase or decrease in direct contract costs or otherwise affect any
other tern or condition of this contract, the contract will be subject to an equitable
adjustment.
(1) The contractor agrees to insert terns that conform substantially to the language of this
clause, including paragraph (k) but excluding any reference to the Changes clause of this
contract, in all subcontracts under this contract that involve access and where the
exceptions under Chapter 5, FAA Order 1600.72A do not apply.
(m) Contractor employees who have not undergone a background investigation must be
escorted at all times. In some instances, a contractor employee may be required to serve
as an escort. To serve as an escort, a contractor employee must have a favorably
adjudicated fingerprint check and initiated a NACI with FAA.
VI. SECTION F - SPECIAL REQUIREMENTS
VII. CERTIFICATION FORMS (8/02) -
See attached fors:
Certification of Seismic Compliance
FAA Safety and Environmental Certification Checklist
Vendor /Miscellaneous Payment Information Form
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