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HomeMy WebLinkAboutContract 33804 CITY S CRIETARY y ` CONTRACT NO. THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY DATE OF LEASE LEASE DTFASW-07-L-40037 1. THIS LEASE, entered into by and between the City of Fort Worth, Texas, whose interest in the property hereinafter 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 for the considerations hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION: The Lessor hereby leases to the Government the following described premises: Approximately 12,000 square feet of net usable space in a single-story building located at 4251 N. Main Street, Fort Worth, TX 76106, on a land site containing approximately 1.95 acres at Meacham International Airport, Fort Worth, Texas. Said building is more particularly shown on the attached Exhibit "A,"Floor Plan, drawing No. FTW-D-AFSSBL-300, and the land site, including the Government-owned modular building(850 sq. ft.), and a Government-owned engine generator building, is more particularly shown on Exhibit"B," Site Plan, drawing No. FTW-D-AFSSBL- 350, attached hereto and made a part hereof. 3. TERM: To have and to hold, for the term commencing on October 1, 2006 and continuing through September 30, 2007, subject to termination and renewal rights as may be hereinafter set forth. 4. RENTAL: Rent in the amount of ONE HUNDRED, EIGHT THOUSAND AND NO/100 DOLLARS ($108,000.00)per annum,payable at the rate of NINE THOUSAND AND NO/100 DOLLARS ($9,000)per month in arrears, will be due on the first workday of each quarter, 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. 5. RENEWAL: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty(30) days' notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2011. 6. 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, at any time by giving at least sixty (60 V ap� r , Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day of the date of mailing and shall be sent by certified mail, return receipt requested. SECTION A- GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS 7. PARKING: At no additional cost to the Government, the Lessor shall provide off-street parking spaces for Government vehicles,private vehicles of employees and visitors. The Lessor shall maintain the parking areas in good repair. 8. GENERAL HEALTH AND SAFETY STANDARDS: Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes shall be complied with when done by the Lessor 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. 9. RESTROOMS AND DRINKING FOUNTAINS: Separate toilet facilities for men and women shall be provided on each floor where the Government 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 Lessor shall provide a minimum of one chilled drinking fountain on each floor where the Government leases space. 10. WINDOW AND FLOOR COVERING: All exterior windows shall be equipped with mini blinds. Floors will be carpeted with a commercial grade of carpet tile acceptable to the Government. Existing floor and window covering may be accepted at the discretion of the contracting officer. At no additional cost to the Government, the Lessor shall replace carpeting during Government occupancy when: * Backing or underlayment is exposed * There are noticeable variations in surface color or texture Replacement includes moving and return of furniture. 2 Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas SECTION B - SERVICES, UTILITIES, AND MAINTENANCE 11. UTILITIES AND SERVICES: The Government will contract separately for utility and janitorial services. The Government's janitorial contract will provide for light bulb and light tube replacement. 12. HEATING, VENTILATION, AND AIR-CONDITIONING: Heating, ventilation and air-conditioning systems are required which maintain a temperature range of 68-75 degrees Fahrenheit year-round. These temperatures must be maintained 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. 13. MAINTENANCE: The Lessor is responsible for total maintenance of the leased premises in accordance with Article 4 of the General Clauses, attached hereto. Such maintenance includes the building grounds and access roads. The Lessor's maintenance responsibility includes replacement supplies of all items other than janitorial supplies (light bulb/tube replacement, toilet paper, etc.), needed to maintain the building and its equipment and systems. All maintenance work will be done in accordance with applicable codes, and inspection certificates will be displayed as appropriate. The Lessor will have a representative from the Aviation Department, Meacham Field, available to respond to calls from the Government to correct maintenance deficiencies within a reasonable time. 14. DOOR LOCKS: All designated door lock sets shall accept"Best Lock" 7-pin cores. The Government furnished "Best Lock" cores and keys may be removed by the Government when the premises are vacated. 15. PORTABLE FIRE EXTINGUISHERS: Portable type fire extinguishers meeting requirements of NFPA Standards shall be provided and maintained by the Lessor. Replacement charges for fire extinguishers shall be provided by the Lessor. The Lessor shall check extinguishers at least once a year to assure they are operational. 3 Lease DTFASW-07-L-00037 Automated FIight Service Station (AFSS) Meacham International Airport Fort Worth, Texas 16. PEST CONTROL: 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 herbicides)/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 Government 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. SECTION C—SPECIAL BUILDOUT REQUIREMENTS 17. WIRING FOR TELEPHONES: 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 Government may wish to consider using inside wiring provided by the building, if available. However, the final decision will remain the Government's. In any event,the Lessor shall provide a wall- mounted panel for telephone cables and equipment. A rack for the telephone processing units is also required. Flooring shall be vinyl tile. SECTION D—MISCELLANEOUS 18. NET USABLE SPACE: Net usable space is the method of measurement for the area for which the Government will pay a square foot rate. If the space is on a single tenancy floor, compute the inside gross area by measuring between the inside finish of the permanent exterior building walls from the face of the convectors (pipes or other wall-hung fixtures) if the convector occupies at lease 50 percent of the Iength of exterior walls. If the space in on a multiple tenaney floor, measure from the exterior building walls as above and to the room side finish of the fixed corridor and shaft walls and/or the center of the tenant separating partitions. In either case,make no deductions for columns and projections enclosing the structural elements of the building and deduct the following from the gross area incl their enclosing walls: °INRC15 l�kl 0ORM 01117 ��� ERRY 4 fin, _ ORYN, ��. Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas a. Toilets and lounges b. Stairwells c. Elevators and escalator shafts d. Building equipment and service areas e. Entrance and elevator Iobbies f. Stacks and shafts, and g. Corridors in place or required by local codes and.ordinances. Unless otherwise noted, all references in this lease to square feet shall mean net usable square feet, (nusf). 19. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities located on the demised premises causes interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 20. INSTALLATION OF ANTENNAS, CABLES, AND OTHER APPURTENANCES: The Government shall have the right to install, operate, and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop necessary buildings and structures or at other locations where deemed necessary on an airport property, provided such installations do not constitute a hazard to the operation of aircraft when such installations have been completed. The Government shall have the right to install, operate, and maintain such cables, conduit, and wiring as necessary to link and connect its facilities to its emergency standby powerplant to be used in the event of commercial power failure to any of its facilities located on airport property. 21. TOWER ACCESS: The Lessor shall furnish and maintain two 40-foot high free-standing towers, separate and adjacent to the leased building. The Government shall have the right to install and maintain coaxial cable and radio antennas on Lessor's towers to meet technical requirements. 22. NON-RESTORATION: The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially,the premises under this lease. It is further agreed that the Government may abandon in place any or all of the structures, improvements, and/or equipment installed in or CRY .01INCIMA112Y 5 FT, W-'v0 , TEX Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas located upon said property by the Government during its tenure. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 23. HOLDOVER: If after the expiration of the lease,the Government shall retain possession of the premises, the lease shall continue in force and effect on a quarterly basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee or vacated the leased premises. 24. LIABILITY: 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 Govenument 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. 25. LESSOR ACCESS: The Government hereby grants the Lessor a revocable permit to enter the Government's leased premises for any purpose under the contract for the installation, operation and maintenance of the premises. Authorized representatives of the Lessor will be allowed access to the facilities at suitable times to perform the obligations of the Lessor with respect to such facilities. It is expressly understood, however, that the proper Government authority may limit or restrict the right of access herein granted in any manner considered by such authority to be necessary for the national security. 26. ATTACHMENTS: The following are attached hereto and made a part hereof: a. General Clauses, Articles 1 through 30 b. Exhibit"A,"Baseline Floor Plan c. Exhibit"B,"Baseline Site Plan d. Corporate Certificate 6 Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas IN WITNESS WHEREOF, the parties hereto have signed their names: CITY OF FORT WORT , TEXAS ByM- t/ 7— Marc A. Ott date Title: Assistant.City Man ger APVHOVFD AS TO FOR-k4 AND LLGALITYa /4 ASSISTAN CITY ATT ISN Y Jr Attested By; i Contract Aut<ho ization A0 ok l�iarty Hendr' Date City Secretary THE UNITED STATES OF AMERICA By: amen M. Nelson date Title: Contracting Officer CITY" 01-KNEVARY 7 FT. p' �'O?Tfll TEX. Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas CORPORATE CERTIFICATE I, &&t�, �T� , certify that I am thee % of the Corporation named in the foregoing agreement, that Aar! , OV-- who -who signed on behalf to said corporation, was then thcrcof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this _ day of 120 Signed b , J Marc A. Ott Assistant City Manager CORPORATE SEAL ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, Assistant City Manager, of the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2006. qtr � � tip. HFI TIE LANE 4" MY COMMISSION EXP1RE5o1 Notary Public in and for the State of Tex s cit % ` JUIY2s,2007 Q �� 8 Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas GENERAL CLAUSES U. S. GOVERNMENT LEASE FOR REAL PROPERTY 1. ELECTRONIC FUNDS TRANSFERS FT}PAYMENT: Payments by the Government under this contract will be made by electronic funds transfer(EFT). At the option of the Government payments may be made by check or other means. When payment is made by EFT,the Government may,at its option,also forward the associated payment information by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this contract until after receipt,by the Contracting Officer of the correct EFT payment information. However, in the event the Lessor certifies in writing to the Contracting Officer that the Lessor does not have an account with a financial institution or an authorized payment agent,payment may be made by other than EFT. Prior to the first payment under this contract,the Lessor(vendor)shall provide the information required to make contract payment by EFT,directly to the Government payment office named in this contract. A single bank or financial agent must be designated and capable of receiving and processing the electronic funds transfer using the method below. In the event that the EFT information changes,the contractor shall be responsible for providing the changed information to the designated payment office. The Lessor shall pay all fees and changes for receipt and processing of EFTS. The Government will make payments by EFT through an Automated Clearing House(ACH), However,the Federal Reserve Wire Transfer System may be used at the Government's option. The attached form"Vendor/Miscellaneous Payment Information Form"must have the sections"Payee/Company Information"and"Financial Institution Information" completed prior to award. Do not complete the Vendor/Miscellaneous Payment Information Form until instructed to do so. The Lessor agrees that the Lessor's bank or financial agent may notify the Government of a change to the routing transit number, contractor account number, or account type. 2. INSPECTION: 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. 3. DAMAGE BY FIRE OR OTHER CASUALTY: 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 space is untenable 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. 4. MAINTENANCE OF THE PREMISES: 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. 5. FAILURE IN PERFORMANCE: In the event the Lessor fails to perform any service,to provide any item, or meet any requirement of thi l ,gta Government may perform the service,provide the item, or meet the requirement,either directly or through a Ay Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas 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 a default by the Government on this lease. 6. DEFAULT BY LESSOR: 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 Contracting Officer,following Lessor's receipt of notice thereof from the 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. If a default occurs,the Government may, by written notice to the Lessor,terminate the Iease in whole or in part. 7. ALTERATIONS: The Government shall have the right during the existence of this lease to make alterations,attach fixtures,and erect a structures or signs in or upon the premises hereby leased,which fixtures,additions or structures so placed in,on,upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government subject to the Lessor's approval not to be unreasonably withheld. The Parties herein mutually agree and understand 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. 8. OFFICIALS NOT TO BENEFIT: I No member of or delegate to Congress, or resident commissioner,shall be admitted to any share or part of this lease, or to any benefit arising from it. However,this clause does not apply to this lease to the extent that this lease is made with a corporation for the corporation's general benefit. 9. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee,except a bona fide employee or agency. For breach or violation of this warranty,the Government shall have the right to annul this lease without liability or,in its discretion,to deduct from the lease price or consideration,or otherwise recover the full amount of the contingent fee. 10. ANTI-KICKBACK: 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 lease price charged by a Lessor to the United States or in the lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 11. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause,and through the FAA Office of Dispute Resolution for Acquisition(ODRA). Said disputes 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. The decision of the FAA hall " considered a final agency decision only after a Lessor has exhausted their administrative remedies for resol i`0 contract dispute under the FAA Dispute Resolution System. r r� 10 n "OR,kTHill, � ��. Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer,that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The Real Estate Contracting Officer,upon request, will provide information relating to submitting a dispute. (Promulgated by ASW, 3104) 12. EXAMINATION OF RECORDS: The Comptroller General of the United States,the Administrator of FAA or a duly authorized representative from either shall,until three(3)years after final payment under this lease,have access to and the right to examine any of the Lessor's directly pertinent books,documents,papers,or other records involving transactions related to this lease. 13. FIRE AND SAFETY REQUIREMENTS: All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing of this lease. 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(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 government) 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 that are three(3)or more stories in height or contain more than 50,000 square feet i 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. 14. WARRANTY OF SPACE: 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 lease,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 term of the lease contract,comply with the asbestos containing material(ACM)and polychlorinated biphenyl(PCB)requirements of the Toxic Substance Control Act. The 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 II Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas 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 Government or terminate the lease agreement at no cost to the Government. d. The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by the law and under this contract, c. 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 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 Government'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. 15. OSHA REQUIREMENTS: 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). 16. RADON: Radon levels in space leased to the Government shall not equal or exceed the EPA action level for homes of 4 picocuries per liter(PCI/L). If radon levels are found to be at or above 4 PCl/L,the Lessor shall develop and promptly implement a plan of corrective action. 17. INDOOR AIR QUALITY: 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- 1,400 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 ANSI/ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The FAA HVAC Checklist shall be reviewed with the Preconstruction checklist at the preconstruction meeting. 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,cleanin �� RIC"JAIA F1,('X PX20i 'Iff KTHAUY 12 FT, W:''01111fffl, 0. Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas maintaining HVAC, etc.). The Government is responsible for addressing IAQ problems resulting from its own activities. 18. SECURITY: a. Facility Security: 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: 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. b. Government-Issued Keys, Identification Badges,Access Control Cards and Vehicle Decals: It may become necessary for the Government to issue keys, identification(ID)cards, vehicle decals,and/or access i control cards to the Lessor or to individual(s)employed or hired by the Lessor to perform services. Immediately upon -cmRletinrror terminatirm--of the-Iease;-the-Lessor-shall-return-all such-Government=issued items-to-the issuing-office- -with notification to the RECO, or designee. When individuals who have been issued such items are terminated or are no longer required to perform work,the Government-issued items shall be returned to the Government within three(3) workdays. Improper use,possession or alteration of FAA issued keys, ID cards,access control cards is a violation of security procedures and is prohibited. i In the event such keys, ID cards,vehicle decals or access control cards are not returned,the Lessor understands and r agrees that the Government may, in addition to any other withholding provision of the lease,withhold fees to cover the cost of replacement for each key,ID card,vehicle decal and access control card not returned. If the keys, ID cards, I vehicle decals,or access control cards are not returned within 30 days from the date the withholding action was initiated,the Lessor will forfeit any amount so withheld. Access to aircraft ramp/hangar areas is authorized only to those individuals displaying a flight line identification card and for vehicles,a current ramp permit issued in accordance with 49 CFR 1542. The Government retains the right to inspect,inventory,or audit ID cards,keys,vehicle decals,and access control cards issued to the Lessor or individual(s)employed or hired by the Lessor to perform services in connection with the lease at the convenience of the Government. Any items not accounted for to the satisfaction of the Government shall be assumed to be Iost and the provisions of subparagraph(3)above shall apply. Keys and access control cards shall be obtained from the RECO,or designee,who will require the Lessor,or individual(s)employed or hired by the Lessor to perform services,to sign a receipt for each key obtained.Lost keys,ID cards,vehicle decals,and access control cards shall immediately be reported concurrently to the RECO,or designee, and the(RECO,or designee,to insert name of SSE staff and facility management office) Each individual(s)employed or hired by the Lessor,during all times of on-site performance at the Government- leased facility, shall prominently display his/her current and valid identification card on the front portion of his/her body between the neck and waist. (1)Individual(s)employed or hired by the Lessor to perform services under this lease shall submit complete documentation required under E2a,Suitability Requirements for Individual(s)Employed or Hired by the Lessor,below, and be authorized by the SSE to begin work prior to obtaining any ID media or vehicle decals. 13 Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas (2)To obtain the ID card,each individual shall submit a DOT 1681 Form,signed by the individual and authorized by the RECO,or designee. The DOT 1681 shall be submitted at the same time the documentation outlined in E2a, Suitability Requirements for Individual(s)Employed or Hired by the Lessor, below is submitted.The DOT 1681 shall contain, at a minimum,under the"Credential Justification"heading,the name of the Lessor,the lease number or the appropriate acquisition identification number,the expiration date of the lease or the service(whichever is sooner), and the required signatures. This paperwork shall he submitted to [RECO,or designee,to insert the name and location of the SSE staff] by the Lessor in a sealed envelope either hand carried by the Lessor or sent via U.S. mail to: [RECO or designee to insert mailing address]. The Lessor will be notified when the DOT 1681 has been approved and is ready for processing by the [RECO, or designee,to insert name and location of the person who will process the document]. Arrangements for processing the identification cards, including photographs and lamination can be made by contacting - [RECO,or designee,to insert point of contact with phone number]. (3)The Lessor shall receive and sign for each ID card issued on the reverse of the DOT 1681.The Government,for accountability purposes, will track the DOT 1681. The Lessor is responsible for ensuring final out-processing is completed for all departing individuals employed or hired by the Lessor. Final out-processing will be completed by close of business the final workday for all individual(s) employed or hired by the Lessor or the next day under special conditions. Contractor employee clearance forms, (RECO,or designee,to insert name of local contractor employee clearance form),will be completed by the Lessor for ! each individual(s)employed or hired by the Lessor to perform services,and copies will be distributed to the RECO, or designee, and the SSE,(RECO,or designee,to insert SSE staff)upon completion of such forms. c. Personnel Security:. (1) Suitability Re uirements for Individuals Employed or Hired by the Lessor: The Lessor shall provide a level of security, which reasonably deters unauthorized access,loitering,or disruptive acts to the premises leased by the government at all times. When the Lessor provides services under the E terms of this lease,(e.g.,janitorial,construction, maintenance, property management,or alterations/repair services),the Government may conduct background investigations of individuals)employed or to be hired by the Lessor to perform such services. Individuals)will not be permitted unescorted access to provide services in or upon the leased premises until the SSE has received the documentation outlined in subparagraph(a), (1),(2),and(3),below and provided written authorization for the individual(s)to begin work. No later than ten(10)calendar days after the effective date of this lease, (or the effective date of Supplemental Lease Agreement[SLA] or modification if this provision is included by SLA or modification to an existing lease),the Lessor shall submit the following documentation for all individual(s)employed or hired by the Lessor for whom unescorted access to facilities,systems,and information is required. Such documentation shall be submitted to the Government representative as designated by the Real Estate Contracting Officer(RECO),or designee,for suitability determination. (a)A completed FBI Fingerprint Card,FD-258. The SSE will provide information pertaining to the location of fingerprint facilities.The fingerprint card shall be printed in black ink or typewritten with all questions completed and is to be signed and dated by the applicant.The Lessor will be responsible for all expenses associated with fingerprinting; (b)A completed Identification Card/Credential Application,DOT Form 1681,with appropriate picture of applicant;and, (c)Questionnaire for Public Trust Positions, Standard Form 85P,shall be completed and signed by the applicant in accordance with applicable instructions. The Government shall notify the Lessor when individual(s)employed or hired by the Lessor have been approved for unescorted access to the facilities,systems, or information. The Lessor and all individuals emplloed or hired by the Lessor shall display a Government issued identification badge when visiting or providing ser c1ilW �� � upon the leased premises and shall abide by all facility security measures as required by the Government. Lease DTFASW-07-L-00037 Automated Flight Service Station(AFSS) Meacham International Airport Fort Worth, Texas shall submit the documentation required in subparagraph(4),(a),(b),and(c)above of this clause for any new individual(s)employed or hired by the Lessor to perform services under this lease. Such information shall be submitted to the Government within ten(10)calendar days of employment and/or hiring by the Lessor. The Lessor will immediately remove from the leased premises any individual(s)employed or hired by the Lessor to perform services under this lease when the Government has determined such individuals to be unsuitable for continued access to the teased premises. Exemptions from Suitability Requirements: (a) Certain positions may be determined by the Government to be exempt from background investigative requirements. However, individual(s)employed or hired for such positions shall be escorted at all times while in or upon the leased premises by FAA personnel located on-site or by an individual(s)employed or hired by the Lessor,who has been properly investigated, favorable adjudicated,and authorized to provide escort services. (b) When the Government determines any positions(s)to be exempt from investigative requirements, individuals employed in such positions are not required to complete the documentation as specified in subparagraph(a),(b), and(c)above of this Clause. (2) Reporting Requirements: The Lessor shall submit an initial report(to coincide with the effective date of this lease)and subsequent quarterly reports (throughout the term of this lease),providing the following information to RECO or designee,to fill in as appropriate)with a copy to(RECO,or designee,to fill in as appropriate),on or before the fifth day following each reporting period: A complete listing by full name, in alphabetical order,with the date of birth,place of birth(city,state, country), and position title of all individuals employed or hired by the Lessor who will have or may require access to the leased premises during the reporting period. Th.- r NS-90- eueFr�m�ratauik}iin-erle4) or hired by the Lessor to perform services under this lease. (3) Foreign Nationals Employed or Hired by the Lessor: Each individual(s)employed or hired by the Lessor to perform services under this lease shall be a citizen of the United States of America,or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151,or who presents other evidence from the United States Immigration and Naturalization Service that employment will not affect his/her immigration status. Aliens and foreign nationals employed or hired by the Lessor to perform services under this lease must have resided within the United States for three(3)years of the last five(5)years unless a waiver of this requirement has been granted by the SSE in accordance with FAA regulations. d. Sensitive Unclassified Information: The FAA shall have the right to require special handling instructions for those Lessors requiring access to Sensitive Unclassified Information(SUI),For Official Use Only(FOUO), Sensitive Security Information(SSI),or designee assigned by the Federal Government to identify unclassified information that may be withheld from public release. Contact the local FAA Servicing Security Element(SSE)or in Headquarters,the Office of Security and Investigations,Internal Security Division,ASI-100 for the minimum standards to mark,store,control,transmit,and destroy sensitive information. 1. Sensitive information shall be restricted to specific Lessors who: a. have a need to know to perform contract tasks; rN b. who meet personnel suitability security requirements to access sensitive information; and CIKf ( Cii,P. tiPY 15 Lease DTFASW-07-L-00037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas c, who successfully complete a non-disclosure agreement(NDA). 2. The contractor shall develop and implement procedures to ensure that sensitive information is handled in accordance with FAA requirements and at a minimum,will address: a. steps to minimize risk of access by unauthorized persons during business and non-business hours to include storage capability; b. procedures for safeguarding during electronic transmission(voice,data, fax)mailing or hand carrying; c. procedures for protecting against co-mingling of information with general contractor data systems/files; d. procedures for marking documents with both the protective marking and the distribution limitation statement as needed; e. procedures for the reproduction of; f. procedures for reporting unauthorized access; and g. procedures for the destruction and/or sanitization of such material. 19. SUBORDINATION,NONDISTURBANCE AND ATTORNMENT: 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 I upon the premises,so long as such subordination shall not interfere with any right of the Government under this lease. The Parties hereto mutually agree 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 attorned 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 Contracting Officer,and shall promptly execute any instrument,or other writings,as shall be deemed necessary to document the change in ownership. 20. NO WAIVER: 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. 21. INTEGRATED AGREEMENT: 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. 22. ASSIGNMENT OF CLAIMS: Pursuant to the assignment of Claims Act,as amended, 31 USG 3727,4l USC 15,the Lessor may assign his rights to be paid under this lease. 16 Lease DTFASW-07-L-04037 Automated Flight Service Station (AFSS) Meacham International Airport Fort Worth, Texas 23. COMPLIANCE WITH APPLICABLE LAWS: 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. 24. LESSOR'S SUCCESSORS. The terms and provisions of this tease and the conditions herein bind the Lessor and the Lessor's heirs,executors, administrators,successors, and assigns. 25. SUBLEASE: The Government reserves the right to sublease the space covered under this lease to another agency or private party. In subleasing this space to another party,the Government is not relieved from its responsibilities under the terms and conditions of this lease, unless otherwise agreed upon with the Lessor. 26. EQUAL OPPORTUNITY: 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). 27. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS: 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. 28. AFFIRMATIVE ACTION FOR DISABLED WORKERS. 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. 29. ACCESSIBILITY: The building and the leased premises shall be accessible to the handicapped in accordance with FED-STD-795,the Uniform Federal Accessibility Standards(41 CFR 101-19.6,App A)and all applicable state and local accessibility laws and regulations. 30. SEISMIC SAFETY: Not required for this lease. CITY °? G? 17 7 Ya :,-:I .Y0113 _ 2 1 - H In G G DOwN m 310 F ----------- _-� -- ----- - -4- ---- --_ - ! F i i II i I I I E E i _ l2 F ftJ 1 i EXPANSION E/G�ING I I j I I 0 1 i 116 1 FTW AFSS b 34d ---------- -- ------._--j-- - - ' — I I 117 I 1 i I COMM [V ® KEY lv KEY PLAN I DN 1 A.5 n I 1 j I 10-31-01 RE-NUMBERED TO REPLACE FTW-AFSS-GOI-05 00 I CITY HVAC I BASELINE REVISED BY CW F23289 — I 13 I 1-18-01 AS-BUILT 6-1-93 BASELINE ESTABLISHED BY CCD F15795 4-13-93 BASELWE ESTABHSHED BY CCD I I B-9-87 AS-BUILT VDF/RMCF. %EE VO - S m l]} I RAMP { DEPARTMENT OF TRANSPORTATION s LANNNc OPE 1: FEDERAL AVIATIONf ADMINISTRATION ---- j .T WORTH IMPLEMENTATION CENTER FORT WORTH,TX AA ------ jl QQ IT-8 3/8^ `1 �J BASELINE FLOOR PLAN 1D" 12.-U.. 16-p•. 0�4�-._ V Y L� C:1; �3 'fi r l .�{j 6 _ 3 IT WORTH MEACHAM AIRPORT i r'is_ SUBURTM RY A"GVM BY .`,;7"T,L'1 '.WED BY OFdgHM-DRAWING 3FONED BY. ORIGWPL DFiAw4A�S�� EY E� Refer to FTtiU-AFBs G01 Rater to 1- -- -- OESSGI[D MI.BY DATE dCN �yR S B.PAVLA 8-19-86 7g "AWN PM/LEB z-n-Gl NAS IMPLE MENTATION aRAwm RG REV I-600aEcxeP FTW-O-AFSSBL-300 5 B I � 2 i EXHIBIT "A" m e I ® : c » \ _ � < i M-fla \ \, V. �\2., a< . -A §! r \)\ ®Lj - � / i § § � § - \& 10 Gx \( § ; \ . °F B. i /00 _ e : u c e _ < City ®f Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2006 DATE: Tuesday, June 20, 2006 LOC NAME: 55FAA AFSS REFERENCE NO.: **C@21529 SUBJECT: Authorize Execution of a Lease Agreement with the Federal Aviation Administration to Lease the Automated Flight Service Station Lease Site at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement with the Federal Aviation Administration (FAA) to lease the Automated Flight Service Station (AFSS) lease site at Fort Worth Meacham International Airport. DISCUSSION: On June 19, 1984, the City entered into a lease agreement with the FAA to lease the AFSS lease site at Fort Worth Meacham International Airport, City Secretary Contract (CSC) No. 1380. The term of the agreement is set to expire on September 30, 2006, with no further options to renew. The Department of Aviation received notification on April 24, 2006 of the FAA's intent to execute a new lease agreement. The term of the new lease would provide for one year lease with four one-year options to renew. Current terms and conditions of the existing lease agreement will remain in effect until the end of the initial lease term. All agreement terms will be in accordance with established City and Aviation Department policies. The total square footage of the AFSS lease site is 12,000 square feet with a rate of $9.00 per square foot. - Based on the square footage, this new lease would generate $108,000.00 annually, or $9,000.00 per month. Based on an assumed execution date of October 1, 2006 there will be no additional revenue generated for this fiscal year. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this lease renewal will have no material effect on City funds at this time. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: Mike Feeley (871-5403) Additional Information Contact: Mike Feeley (871-5403) Logname: 55SPINKS RAMP Page 1 of 2