HomeMy WebLinkAboutUSPS Lease and all extensions 02.25.07UNITED STATES
POSTAL SERVICE Exercise of Renewal Option
Facility Name /Location PASCO - FEDERAL STATION County: FRANKLIN
403 W LEWIS ST PASCO WA 99301 -5663 Project: E 2 2 4 0 0
TO
CITY OF PASCO Certified Mail #: 8101 4643
PO BOX 293
PASCO WA 99301 -0293
Issuing Office
Western FSO
160 INVERNESS DRIVE WEST SUITE 400
ENGLEWOOD CO 80112 -5005
Date of Existing Contract: 0 2 / 2 0 / 2 0 0 2 Options available (Number and Years)
1 Option(s) covering 5 Years
Pursuant to the contract with you covering this facility, the Postal Service hereby exercises its option to renew
said contract as follows:
Term: 5 years From (Date): 02/25/2007 To (Date): 02/24/2012 Annual Rate: $20, 085.00
There is /are 0 renewal option(s) remaining. In all other respects the said contract shall remain the same and
is hereby confirmed.
Remarks
EXERCISING FIRST AND ONLY FIVE YEAR RENEWAL OPTION AT AN INCREASED ANNUAL RENTAL RATE
FORMERLY $18,746.00.
THANK YOU FOR PROVIDING THIS SPACE FOR POSTAL USE.
Date Name of Contracting Officer Signature
04/11/2006 GARRY MATTOX
RERENEWAL (Nov 97, v2.00, P) Postmaster RES U District
FACILITIES SERVICE OFFICE
UNITEDS RTESGPOST/1L SERVWff ______
March 26, 2002
Certified Mail #70001670001253347644
Return Receipt Requested
CITY OF PASCO
ATTN RICHARD SMITH
PO BOX 293
PASCO WA 99301 -0923
RE: Pasco, WA - Federal Station (54- 6524/001)
Lease
Dear Mr. Smith:
Enclosed is for your records is an original Lease on the subject property for a
five -year term effective February 25, 2002, through Februry 24, 2007, at a rental
rate of $18,746.00 per year. Please note that the expiration date for the
renewal has been corrected.
Rent payments are made on the last day of each month. A back payment will
be processed for the time period of February 25th
through March 31, 2002.
Also, per the terms of the lease the Postal Service will reimburse for water,
sewer charges, heating and electricity CUSPS percentage is 44.38). Utility bills
are to be submitted quarterly to the local Postmaster.
We appreciate your providing this facility for postal use.
Sincerely,
Vance R. "Bennett
Contracting Officer
FS0103
Dist: Postmaster
Administrative Services
RES Walters - Project E24035Complete
8055 E TUFTS AVE STE 400
DENVER CO 80237.2881
303) 220 -6526
FAX (303) 220.6511
RFOEI\VFD
APR 0 8 2002
COMMUNITY UEVEL( t -MrlVl UEN.
UNITED STATES
POSTAL. SERVI Em.,
Lease
FEDERAL STATION -PASCO WA 99301 -9998
2UNITED STATES Lease
POSTAL SERVICE..
Facility Name /Location
PASCO - FEDERAL STATION (546524 -001) FRANKLIN COUNTY
403 W LEWIS ST PASCO, WA 99301 -9998 Project: E24035
This LEASE, made and entered into by and between City of Pasco hereinafter called the Lessor, and the United
States Postal Service, hereinafter called the Postal Service:
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1. The Lessor hereby leases to the Postal Service and the Postal Service leases from the Lessor the following
premises, hereinafter legally described in paragraph 8, in accordance with the terms and conditions described herein
and contained in the 'General Conditions to U.S. Postal Service Lease,' Section A, attached hereto and made a part
hereof.
Upon which is a one story, brick building and which property contains areas, spaces, improvements, and
appurtenances as follows:
AREA SO. FEET AREA SQ. FEET
Net Floor Space 2,678 ,Joint Use /Common Areas:
Platform 340
Parking and Maneuvering
Other:
Driveway
Landscaping
Sidewalks
Exclusive use of three parking spaces
Total Site Area: 3,918
2. RENTAL: The Postal Service will pay the Lessor an annual rental of: $18, 746.00
Eighteen Thousand Seven Hundred Forty -Six and 00/100 Dollars * **
payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Reni
checks shall be disbursed as follows:
payable to:
City of Pasco
P. O. Box 293
Pasco WA 99301 -0293
unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at least sixty (60) days
before the effective date of the change.
3. TO HAVE AND TO HOLD the said premises with their appurtenances:
FIXED TERM: The term beginning Feb 25, 2002 and ending Feb 24, 2007 for a total of 5
years.
RELEASEI (May 1999, v2.2) 1
iNUNITED STATES
POSTAL SERVICE.
Lease
4. RENEWAL OPTIONS: The Lease may be renewed at the option of the Postal Service, for
the following separate and consecutive terms and at the following annual rentals:
RENEWAL 9FFECTIVE EXPIRJkTION PER ANNUM
OPTION DATE DATE RENTAL
1 2/25/2007 2/24/2Q.J JZ 20,085.00
provided that notice is sent, in writing, to the Lessor at least 30 days before the
end of the original lease term and each renewal term. All other terms and
conditions of this Lease will remain the same during any renewal term unless stated
otherwise herein.
5. UTILITIES, SERVICES, AND EQUIPMENT: Lessor, as part of the rental consideration, shall furnish the following
utilities, services and equipment: (See Lessor obligations of General Conditions (A.24) and /or attached addendum for definitions.)
Heating System, Air conditioning Equipment, Light Fixtures, Sewerage System,
Electrical System, Water System, Snow Removal.
6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts and /or forms were agreed
upon prior to execution and made a part hereof:
Maintenance Rider - Lessor (M -1), See Attached Addendum.
7. The undersigned has completed the 'Representations and Certifications.' (See Section B).
8. LEGAL DESCRIPTION:
Postal Service leases a portion of the building located at 403 W. Lewis Street,
Pasco, WA. The legal description of the parcel of land that the buildiing is located
is as follows: See exhibit "A" attached
RELEASEI (May 1999, v2.2) 1
EXHIBIT "A"
Legal description for property at the address of 403 W. Lewis Street,
Pasco, Wa as follows:
That part of School Block Addition to the City of Pasco, Washington.
described as Lots Numbers One (1), Two (2), Three (3), and Four (4), and
that part of Lot Number Five (5), in said School Block Addition, described
as follows: beginning at the southeasterly corner of said Lot Five as the
point of beginning; thence southwesterly, along the South line of said lot,
a distance of twenty (20) feet: thence in a northeasterly direction, parallel
with the West line of said lot, a distance of one hundred. and forty (140)
feet to the alley in said block; thence along the North line of said lot Five,
a distance of twenty (20) feet to the northeasterly corner of said lot;
thence, in a southeasterly direction, along the East line of said lot, a
distance of one hundred and forty (140) feet, to the point of beginning; all
according to the plat of said School Block Addition on file in the office of
the County Auditor of Franklin County, Washington, and recorded in Book
No. 23, at page 135, of Deed Records; said lots or parcels of land lying
and being in Section Twenty -nine (29), Township Nine (9) North of
Rangeihirty (30) East of the Wi'dlamette Meridian.
UNITEDSTATES Addendum
J POSTAL SERVICE_
Facility Name /Location PASCO — FEDERAL STATION (546524-001) County: FRANKLIN I403WLEWISSTPASCO, WA 99301 -9998 Project: E24035
THE COSTAL SERVICE WILL REIMBURSE THE LES13OR FOR WATER, SEWER CHARGES, HEATING AND
ELECTRICITY. FOR THE PURPOSE OF THIS LEASE, THE USPS'S PERCENTAGE OF OCCUPANCY IS
44.38% BASED ON OCCUPYING 2,678 SQ. FT. THE LESSOR WILL SUBMIT APPLICABLE UTILITY
BILLS QUARTERLY TO THE LOCAL POSTMASTER, THE POSTMASTER WILL THEN VERIFY THE AMOUNT
DUE TO THE LESSOR AND ISSUE PAYMENT.
RELEASEAD (Sept, 96, v1.16, P) Page 1 of 1
UNI TED STATES
POSTAL SERVIC•E
EXECUTED BY LESSOR this day ofd I)-Z)
CORPORATION
City of pasco (a Washington Corporation)
Affix Corporate Seal .
Gary Crutchfield, City Manager
Print Name & Title Si natur
i
Print Name & Title
Print Name & Title
nt Name & Title
Print Name & Title
Print Name & Title
Print Name & Title
nt Name & Title
Lessor, Address: city of Pasco
Signature
Signature
Signature
Signature
Signature
Signature
Signature
P. 0. Box 293 Pasco WA 99301 -0293
Telephone No: (509) 545 -3441
Taxpayer ID: 91. 001254
Witness Witness
Lease
ACCEPTANCE BY THE POSTAL SERVICE
Date: 0:1 -3.o- Oa
VANCE BENNETT —
Contracting Officer Signature of ontracting Officer
DENVER FACILITIES SERVICE
8055 E TUFTS AVE 4400
DENVER CO 80237 -2881
Address of Contracting Officer
RELEASEI (May 1999, v2.2) 6
UNI TED STATES
POS o5L SERVICE.
STATE OF W ,
COUNTY OF
Form of Acknowledgment
Personally appeared before me, a Notary Public in and for the County and State aforesaid,
and
Name of authorized officer(s) signing lease)
who is /are known to me to be the and
itles of officer(s) signing lease)
of the
Name of
and
for Corporations
to be the same person(s) who executed the foregoing lease, who depose(s) and say that said person(s) know(s) the seal
of the said corporation, that the seal affixed to the above instrument is the seal of said corporation, and that it was affixed,
and that said person(s) signed this lease by the authority of the said corporation, for the purposes set forth, and as said
person(s) own free and voluntary act.
Done at in the County and State aforesaid,
this day of,
NOTARIAL
SEAL \ ZUN
0 0 fxp,9
01AR y
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CH813 . \
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oo
9
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F WASH
Not Public
My commission expires D
NOTE: If the corporation is without a seal, that portion of the acknowledgment referring to a seal should be stricken out, and
on the blank line following this statement should be made: "and that the said corporation has no corporate seal."
REACKC (Nov 97, v2.0, P)
i2UNI TED ST13TES
POSTR SERVICE,.
SECTION A
A.1 CHOICE OF LAW
This Lease shall be governed by iaderal law.
A.2 DEFINITIONS
As used in this contract, the following terms have the following
meanings:
a. "Contracting officer" means the person executing this contract on
behalf of the Postal Service, and any other employee who is a properly
authorized contracting officer; the term includes, except as otherwise
provided in the contract, the authorized representative of a contracting
officer acting within the limits of the authority conferred upon that person.
b. "Successful offeror," "offeror," "owner ", "contractor," or "Lessor" are
interchangeable and refer to the party whose proposal is accepted by the
Postal Service.
c. "Lease" and "agreement" are interchangeable and refer to this
document, including all riders and attachments thereto.
A.3 EXECUTION REQUIREMENTS
a. All co- owners and all other persons having or to have a legal interest
in the property must execute the Lease. If the offeror is married, the
husband or wife of the offeror must also execute the Lease. The offeror
must submit adequate evidence of title.
b. If the offeror is a general partnership, each member must sign.
c. If the offeror is a limited partnership, all general partners must sign.
d. Where the offeror is an administrator or an executor of an estate,
there must be furnished a certificate of the clerk of the court or certified
copy of the court order showing the appointment of the administrator or
executor, together with a certified copy of the will of the deceased. If
there is no will, or in the event the will of the deceased does not
specifically authorize the administrator or the executor to enter inl:o a
contract to lease the proposed quarters, it will generally be necessary to
furnish, in addition to the above named items, a certified copy of the
court order authorizing such administrator or executor to enter into a
lease with the Postal Service.
e. Where the offeror is a trustee, a certified copy of the instrument
creating the trust must be furnished together with any other evidence
necessary to establish the trustee's authority to lease. .
f. Where the offeror is a corporation, leases and lease agreements
entered into must have the corporate seal affixed or in place thereof the
statement that the corporation has no seal.
g. Where the offeror is a corporation, municipal corporation, fraternal
order or society, the Lease must be accompanied by documentary
evidence affirming the authority of the agent, or agents, to execute the
Lease to bind the municipal corporation, fraternal order or society for
which he (or they) purports to act. The usual evidence required to
establish such authority is in the form of extracts from the articles of
incorporation, or bylaws, or the minutes of the board of directors duly
certified by the custodian of such records, under the corporate :seal.
Such resolutions, when required, must contain the essential stipulations
embodied in the Lease. The names and official titles of the officers who
are authorized to sign the Lease must appear in the document.
h. Notices. Any notice to Lessor provided under this Lease or under
any law or regulation must be in writing and may be hand delivered or
mailed to Lessor at the address specified on page 3 of the Lease, or at
an address that Lessor has otherwise appropriately directed in writing.
Any notice to the Postal Service provided under this Lease or under any
General Conditions to USPS Lease
law or regulation must be in writing and may be hand delivered or mailed,
addressed to "Contracting Officer, U.S. Postal Service" at the address
specified on page 3 of the Lease, or at an address that the Postal
Service has otherwise directed in writing.
AA MORTGAGEE'S AGREEMENT
If there is now or will be a mortgage on the property which is or will be
recorded prior to the recording of the Lease, the offeror must notify the
contracting officer of the facts concerning such mortgage and, unless in
his sole discretion the contracting officer waives the requirement, the
offeror must furnish a Mortgagee's Agreement, which will consent to this
Lease and shall provide that, in the event of foreclosure, mortgagee,
successors, and assigns shall cause such foreclosures to be subject to
the Lease.
A.5 EQUAL OPPORTUNITY
a. The contractor may not discriminate against employees or applicants
because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employee, and
that employees are treated during employment, without regard to race,
color, religion, sex, or national origin. This action must include, but not
be limited to, employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants, notices provided by the
contracting officer setting forth the provisions of this clause.
b. The contractor must, in all solicitations or advertisements for
employees placed by it or on its behalf, state that all qualified applicants
will be considered for employment without regard to race, color, religion,
sex, or national origin.
c. The contractor must send to each union or workers' representative
with which the contractor has a collective bargaining agreement or other
understanding, a notice, provided by the contracting officer, advising the
union or workers' representative of the contractor's commitments under
this clause, and must post copies of the notice in conspicuous places
available to employees and applicants.
d. The contractor must comply with all provisions of Executive Order
EO) 11246 of September 24, 1965, as amended, and of the rules,
regulationQ, and rlevant orders of the Secretary of Labor.
e. The contractor must furnish all information and reports required by
the Executive order, and by the rules, regulations, and orders of the
Secretary, and must permit access to the contractor's books, records,
and accounts by the Postal Service and the Secretary for purposes of
investigation to ascertain compliance with these rules, regulations, and
orders.
f. If the contractor fails to comply with this clause or with any of the
said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended, in whole or in part; the contractor may be
declared ineligible for further contracts in accordance with the Executive
order•, and other sanctions may be imposed and remedies invoked under
the Executive order, or by rule, regulation, or order of the Secretary, or
as otherwise provided by law.
g. The contractor must insert this clause, including this paragraph g, in
all subcontracts or purchase orders under this contract unless exempted
by Secretary of Labor rules, regulations, or orders issued under the
Executive order. The contractor must take such action with respect to
any such subcontract or purchase order as the Postal Service may direct
as a means of enforcing the terms and conditions of this clause
including sanctions for noncompliance), provided, however, that if the
contractor becomes involved in, or is threatened with, litigation as a
RETERMS (v2.2, June 1999) A-1
UNITEDSTATES
POST/U SERVICE.-
result, the contractor may request the Postal Service to enter into the
litigation to protect the interests of the Postal Service.
h. Disrutes under this clause will be governed by the procedures in 41
CFR 60 -1.1.
A.6 FACILITIES NONDISCRIMINATION
a. As used in this clause, the term "facility" means stores, shops,
restaurants, cafeterias, restrooms, and any other facility of a public
nature in the building in which the space covered by this Lease is
located.
b. The Lessor agrees that he will not discriminate by segregation or
otherwise against any person or persons because of race, religion, color,
age, sex, or national origin in furnishing, or by refusing to furnish, to such
person or persons the use of any facility including any and all services,
privileges, accommodations, and activities provided thereby.
I: Is agreed that the Lessor's noncompliance with the provisions of
this clause shall constitute a material breach of this Lease. In the event
of such noncompliance, the Postal Service may take appropriate action
to enforce compliance, may terminate this lease, or may pursue such
other remedies as may be provided by law. In the event of termination,
the Lessor shall be liable for all excess costs of the Postal Service in
acquiring substitute space, including but not limited to the cost of moving
to such space.
d. The Lessor agrees to include, or to require the inclusion of the
foregoing provisions of this clause (with the terms "Lessor" and "Lease"
appropriately modified) in every agreement or concession pursuant to
which any person other than the Lessor operates or has the right to
operate any facility. The Lessor also agrees that it will take such action
with respect to any such agreement as the Postal Service may direct as
a means of enforcing this clause, including but not limited to termination
of the agreement or concession..
A.7 RESERVED
A.8 CONTINGENT FEES
a. The contractor warrants that no person or selling agency has been
employed or retained to solicit or obtain this contract for a commission,
percentage, brokerage, or contingent fee, except bona fide umployees or
bona fide, established commercial or selling agencies employed by the
contractor for the purpose of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the
right to annul this contract without liability or to deduct from the contract
price or otherwise recover the full amount of the commission,
percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having listings on property for
rent, in accordance with general business practice, and who have not
obtained such licenses for the sole purpose of effecting this lease, may
be considered as bona fide employees or agencies within the exception
contained in this clause.
A.9 ASSIGNMENT OF CLAIMS
a. If this contract provides for payments aggregating $10,000 or more,
claims for moneys due or to become due from the Postal Service under
it may be assigned to a bank, trust company, or other financing
institution, including any federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any assignment
or reassignment must cover all amounts payable and must not be made
to more than one party, except that assignment or reassignment may be
made to one party as agent or trustee for two or more parties
participating in financing this contract. No assignment or reassignment
will be recognized as valid and binding upon the Postal Service unlE:ss a
RETERMS (v2.2, June 1999)
General Conditions to USPS Lease
written notice of the assignment or reassignment, together with a true
copy of the instrument of assignment, is filed with:
1. The contracting officer;
2. The surety or sureties upon any bond; and
3. The office, if any, designated to make payment, and the
contracting officer has acknowledged the assignment in writing.
b. Assignment of this contract or any interest in this contract other than
in accordance with the provisions of this clause will be grounds for
termination of the contract for default at the option of the Postal Service.
c. Nothing contained herein shall be construed so as to prohibit transfer
of ownership of the demised premises, provided that: 1. such transfer is
subject to this agreement; and 2, both the original lessor and the
successor lessor execute the standard Lease Assignment and
Assumption form to be provided by the USPS Contracting Officer.
A.10 COMPLIANCE WITH OSHA STANDARDS
The Lessor must (i) comply with applicable Occupational Safety and
Health Standards, title 29 Code of Federal Regulations, Part 1910,
promulgated pursuant to the authority of the Occupational Safety and
Health Act of 1970; (ii) comply with any other applicable federal, state,
or local regulation governing workplace safety to the extent they are not
in conflict with (i); and (iii) take all other proper precautions to protect the
health and safety of (a) any laborer or mechanic employed by the
Lessor in performance of this agreement, (b) Postal Service employees,
and (c) the public. The Lessor must include this clause in all
subcontracts hereunder and to require its inclusion in all subcontracts of
a lower tier. The term "Lessor" as used in this clause in any subcontract
must be deemed to refer to the subcontractor.
A.11 EXAMINATION OF RECORDS
a. The Postal Service and its authorized representatives will, until three
years after final payment under this contract, or for any shorter period
specified for particular records, have access to and the right to examine
any directly pertinent books, documents, papers, or other records of the
contractor involving transactions related to this contract.
b. The contractor agrees to include in all subcontracts under this
contract a provision to the effect that the Postal Service and its
authv ized representatives v iil, until three ysaro after final payment
under the subcontract, or for any shorter specified period for particular
records, have access to and the right to examine any directly pertinent
books, documents, papers, or other records of the subcontractor
involving transactions related to the subcontract. The term "subcontract"
as used in this clause excludes:
1. Purchase orders; and
2. Subcontracts for public utility services at rates established for
uniform applicability to the general public.
A.12 YEAR 2000 WARRANTY (REAL PROPERTY CONTRACTS)
The contractor warrants that all building systems required under this
contract (including, but not limited to, HVAC, electrical, lighting,
elevator, or security /alarm systems) which contain or are managed,
governed, or regulated in any manner by date - sensitive computer
hardware or software, will suffer no failure, irregularity, or interruption of
service based on failure accurately to process date data from, into, and
between the twentieth and twenty -first centuries, including recognizing
the year 2000 as a leap year. For breach of this warranty, the Postal
Service may require the contractor to repair or replace those portions of
any building system not performing as stated above.
The Postal Service may enforce this clause prior to January 1, 2000, if
testing of any system before that date results in a failure, irregularity, or
A -2
UNITED STATES
J POSTAL SERVICE.
interruption of service as described above. Accordingly, systems must
permit user - programmed date changes sufficient to simulate tirrie
periods beginning with any future date, including without limitation
December 31, 1999. Nothing in this warranty may be construed to limit
any rights or remedies the Postal Service may otherwise have under this
contract with regard to Year 2000 compliance or any other defects or
failures.
A.13 CLAIMS AND DISPUTES
a. This contract is subject to the Contract Disputes Act of 1978 (41
U.S.C. 601 -613) ( "the Act ").
b. Except as provided in the Act, all disputes arising under or relating to
this contract must be resolved under this clause.
c. "Claim," as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation
of contract terms, or other relief arising under or relating to this contract.
However, a written demand or written assertion by the contractor seeking
the payment of money exceeding $100,000 is not a claim under the Act
until certified as required by subparagraph d.2 below. A voucher,
invoice, or other routine request for payment that is not in dispute when
submitted is not a claim under the Act. The submission may be
converted to a claim under the Act by complying with the submission and
certification requirements of this clause, if it is disputed either as to
liability or amount or is not acted upon in a reasonable time.
d.
1. A claim by the contractor must be made in writing and submitted
to the contracting officer for a written decision. A claim by the Postal
Service against the contractor is subject to a written decision by the
contracting officer.
2. For contractor claims exceeding $100,000, the contractor must
submit with the claim the following certification:
I certify that the claim is made in good faith, that the supporting
data are accurate and complete to the best of my knowledge and
belief, that the amount requested accurately reflects the contract
adjustment for which the contractor believes the Postal Service
is liable, and that I am duly authorized to certify the claim on
behalf of the contractor,'
3. The certification may be executed by any person duly authorized
to bind the contractor with respect to the claim.
e. For contractor claims of $100,000 or less, the contracting officer
must, if requested in writing by the contractor, render a decision within 60
days of the request. For contractor - certified claims over $100,000, the
contracting officer must, within 60 days, decide the claim or notify the
contractor of the date by which the decision will be made.
f. The contracting officer's decision is final unless the contractor
appeals or files a suit as provided in the Act.
g. When a claim is submitted by or against a contractor, the parties by
mutual consent may agree to use an alternative dispute resolution (ADR)
process to assist in resolving the claim. A certification as describe :d in
d(2) of this clause must be provided for any claim, regardless of dollar
amount, before ADR is used.
h.. The Postal Service will pay interest on the amount found due and
unpaid from:
1. The date the contracting officer receives the claim (properly
certified if required); or
General Conditions to USPS Lease
2. The date payment otherwise would be due, if that date is later,
until the date of payment.
i. Simple interest on claims will be paid at a rate determined in
accordance vnth the 1 ttcreet ciause.
j. The contractor must proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim, appeal,
or action arising under the contract, and comply with any decision of the
contracting officer.
A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
The following clause is applicable if this contract provides for payments
aggregating $2,500 or more.
a. The contractor may not discriminate against any employee or
applicant because of physical or mental handicap, in regard to any
position for which the employee or applicant is qualified. The contractor
agrees to take affirmative action to employ, advance in employment, and
otherwise treat qu2:'.fied I individuals without discrimination in
all employment practices, such as employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training (including
apprenticeship).
b. The contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the
Rehabilitation Act of 1973, as amended.
c. In the event of the contractor's noncompliance with this clause,
action may be taken in accordance with the rules and regulations and
relevant orders of the Secretary of Labor.
d. The contractor agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the contractor's
obligation under the law to take affirmative action to employ and advance
in employment qualified handicapped employees and applicants, and the
rights of applicants and employees.
e. The contractor must notify each union or worker's representative with
which it has a collective bargaining agreement or other understanding
that the contractor is bound by the terms of section 503 of the Act and is
committed to taking affirmative action to employ, and advance in
employment, handicapped individuals.
f. The contractor must include this clause in every subcontract or
purchase order over $2,500 under this contract unless exempted by
rules, regulations, or orders of the Secretary issued pursuant to section
503 of the Act, so its provisions will be binding upon each subcontractor
or vendor. The contractor must take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce in these
provisions, including action for noncompliance.
A.15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
If this contract provides for payments aggregating $10,000 or more, the
following clause is applicable.
a. The contractor may not discriminate against any employee or
applicant because that employee or applicant is a disabled veteran or
veteran of the Vietnam era, in regard to any position for which the
employee or applicant is qualified. The contractor agrees to take
affirmative action to employ, advance in employment, and otherwise
treat qualified disabled veterans and veterans of the Vietnam era without
discrimination in all employment practices, such as employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or
RETERMS (v2.2, June 1999) A_3
GUNITEDSTATES
POSTAL SERVICE.
termination, rates of pay or other forms of compensation, and selection
for training (including apprenticeship).
b. The contractor agrees to list all employment openings which exist: at
the time of the execution of this contract and those whicn occur during
the performance of this contract, including those not generated by this
contract and including those occurring at an establishment of the
contractor other than the one where the contract is being performed, but
excluding those of independently operated corporate affiliates, at an
appropriate local office of the state employment service where the
opening occurs. State and local government agencies holding Postal
Service contracts of $10,000 or more will also list their openings with the
appropriate office of the state employment service.
c. Listing of employment openings with the employment service system
will be made at least concurrently with the use of any other recruitment
source or effort and will involve the normal obligations attaching to the
placing of a bona fide job order, including the acceptance of referrals of
veterans and non - veterans. The listing of employment openings does not
require the hiring of any particular applicant or hiring from any particular
group of applicants, and nothing herein is intended to relieve the
contractor from any other requirements regarding nondiscrimination in
employment.
d. Whenever the contractor becomes contractually bound to the listing
provisions of this clause, it must advise the employment service system
in each State where it has establishments of the name and location of
each hiring location in the State. The contractor may advise the Slate
system when it is no longer bound by this clause.
e. Paragraphs b, c, and d above do not apply to openings the
contractor proposes to fill from within its own organization or under a
customary and traditional employer /union hiring arrangement. But ,,his
exclusion does not apply to a particular opening once the contractor
decides to consider applicants outside its own organization or
employer /union arrangements for that opening.
f. Definitions
1. All Employment Openings. This includes all positions except
executive and top management, those positions that will be filled
from within the contractor's organization, and positions lasting three
days or less. This also includes full -time employment, temporary
employment of more than three days duration, and part-time
er..p!oyment. Under the most compelling circumstances, an
employment opening may not be suitable for listing, including
situations in which the needs of the Postal Service cannot
reasonably be otherwise supplied, when listing would be contrar/ to
national security, or when listing would not be in the best interest of
the Postal Service.
2. Appropriate Office of the State Employment Service, This
means the local office of the federal /state national system of public
employment offices with assigned responsibility for serving the area
where the employment opening is to be filled, including the District of
Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin
Islands.
3. Positions That Will be Filled From Within the Contractor's Own
Organization. This means employment openings for which no
consideration will be given to persons outside the contractor's
organization (including any affiliates, subsidiaries and parent
companies) and includes any openings which the contractor
proposes to fill from regularly established recall lists.
4. Openings the Contractor Proposes to Fill Under a Customary
and Traditional Employer /Union Hiring Arrangement. Employment
openings the contractor proposes to fill from union halls as pact of
the customary and traditional hiring relationship existing between it
and representatives of its employees.
General Conditions to USPS Lease
g. The contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Vietnam
Era Veterans Readjustment Assistance Act of 1972, as amended.
In 1.hi: event of the contractor's noncompliance with this clause,
action may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary.
i. The contractor agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the contractor's
obligation under the law to take affirmative action to employ and advance
in employment qualified disabled veterans and veterans of the Vietnam
era, and the rights of applicants and employees.
j. The contractor must notify each union or workers' representative with
which it has a collective bargaining agreement or other understanding
that the contractor is bound by the terms of the Act and is committed to
taking affirmative action to employ, and advance in employment,
qualified disabled veterans and veterans of the Vietnam era.
k. The contractor must include this clause in every subcontract or
purchase order of $10,000 or more under this contract unless exempted
by rules, regulations, or orders of the Secretary issued pursuant to the
Act, so its provisions will be binding upon each subcontractor or vendor.
The contractor must take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce in these provisions,
including action for noncompliance.
A.16 GRATUITIES OR GIFTS
a. The Postal Service may terminate this contract for default if, after
notice and a hearing, the Postal Service Board of Contract Appeals
determines that the contractor or the contractor's agent or other
representative:
1. Offered or gave a gratuity or gift (as defined in 5 CFR 2635) to
an officer or employee of the Postal Service; and
2. Intended by the gratuity to obtain a contract or favorable
treatment under a contract.
b. The rights and remedies of the Postal Service provided in this clause
are in addition to any other rights and remedies providea by taw or under
this contract.
A.17 HA2:ARDOUS/TOXIC CONDITIONS CLAUSE
Asbestos containing building material" (ACBM) means any material
containing more than 1% asbestos as determined by using the method
specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos
material" means any ACBM that when dry, can be crumbled, pulverized,
or reduced to powder by hand pressure.
The Lessor must identify and disclose the presence, location and
quantity of all ACBM or presumed asbestos containing material (PALM)
which includes all thermal system insulation, sprayed on and troweled on
surfacing materials, and asphalt and vinyl flooring material unless such
material has been tested and identified as non -ACBM. The Lessor
agrees to disclose any information concerning the presence of lead -
based paint, radon above 4 pCi /L, and lead piping or solder in drinking
water systems in the building, to the Postal Service.
Sites cannot have any contaminated soil or water above applicable
federal, state or local action levels or undisclosed underground storage
tanks. Unless due to the act or negligence of the Postal Service, if
contaminated soil, water, underground storage tanks or piping or friable
asbestos material or any other hazardous /toxic materials or substances
as defined by applicable Local, State or Federal law is subsequently
RETERMS (v2.2, June 1999) A -4
2UNITED STATES
POSTIU SERVICE.
identified on the premises, the Lessor agrees to remove such materials
or substances upon notification by the U. S. Postal Service at Lessor's
sole cost and expense in accordance with EPA and /or State guidelines.
If ACBM is subsequently found in the building which reasonably should
have been determined, identified, or known to the Lessor, the Lesscr
agrees to conduct, at Lessor's sole expense, an asbestos survey
pursuant to the standards of the Asbestos Hazard Emergency Response
Act (AHERA), establish an Operations and Maintenance (O &M) plan for
asbestos management, and provide the survey report and plan to the
Postal Service. If the Lessor fails to remove any friable asbestos or
hazardous /toxic materials or substances, or complete an AHEIRA
asbestos survey and O &M plan, the Postal Service has the right to
accomplish the work and deduct the cost plus administrative costs, from
future rent payments or recover these costs from Lessor by other means,
or may, at its sole option, cancel this Lease. In addition, the Postal
Service may proportionally abate the rent for any period the premises, or
any part thereof, are determined by the Postal Service to have been
rendered unavailable to it by reason of such condition.
The remainder of this clause applies if this I P =e° is for premises not
previously occupied by the Postal Service.
By execution of this Lease the Lessor certifies:
1. the property and improvements are free of all contamination from
petroleum products or any hazardous /toxic or unhealthy materials or
substances, including friable asbestos materials, as defined by
applicable State or Federal law;
2: there are no undisclosed underground storage tanks or
associated piping, ACBM, radon, lead -based paint, or lead piping or
solder in drinking water systems, on the property; and
3. it has not received, nor is it aware of, any notification or other
communication from any governmental or regulatory entity
concerning any environmental condition, or violation or potential
violation of any local, state, or federal environmental statute or
regulation, existing at or adjacent to the property.
The Lessor hereby indemnifies and holds harmless the Postal Service
and its officers, agents, representatives, and employees from all claims,
loss, damage, actions, causes of action, expense, fees and /or liability
resulting from, brought for, or on account of any violation of this clause.
A.18 ADVERTISING OF CONTRACT AWARDS
Except with the contracting officer's prior approval, the contractor agrees
not to refer in its commercial advertising to the fact that it was awarded a
Postal Service contract or to imply in any manner that the Postal Service
endorses its products.
A.19 RECORDING
This agreement or a memorandum hereof, must be recorded at the
expense of the Lessor. Such expense includes all fees required for or
incident to recording. If the Lessor fails to record the Lease, or a
memorandum thereof, the Postal Service may record the Lease or a
memorandum thereof, and deduct all costs associated therewith from
future rents.
A.20 SUBLEASE
The Postal Service may sublet all or any part of the premises or assign
this lease but shall not be relieved from any obligation under this lease
by reason of any subletting or assignment.
A.21 ALTERATIONS
The Postal Service shall have the right to make alterations, attach
fixtures and erect additions, structures or signs in or upon the premises
General Conditions to USPS Lease
hereby leased (provided such alterations, additions, structures, or signs
shall not be detrimental to or inconsistent with the rights granted to other
tenants on the property or in the building in which said premises are
located); which fixtures, additions or structures so placed in, upon or
attached to the said premises shall be and remain the property of the
Postal Service and may be removed or otherwise disposed of by the
Postal Service. Prior to expiration or termination of this lease the Postal
Service may remove such alterations and improvements and restore the
premises to as good condition as that existing at the time of entering
upon the same under the lease, reasonable and ordinary wear and tear
and damages by the elements or by circumstances over which the
Postal Service has no control, excepted. If however, at the expiration or
termination of the lease or any renewal or extension thereof, the Postal
Service elects not to remove such alterations and /or improvements, said
alterations and /or improvements shall become the property of the Lessor
and any rights of restoration are waived.
A.22 APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to comply with all
codes and ordinances applicable to the ownership and operation of the
building in which the rented space is situated and to obtain all necessary
permits and related items at no cost to the Postal Service.
A.23 DAMAGE OR DESTRUCTION OF PREMISES
If the demised premises or any portion thereof are damaged or
destroyed by fire or other casualty, Acts of God, of a public enemy, riot
or insurrection or are otherwise determined by the Postal Service to be
unfit for use and occupancy, the Postal Service may:
a. terminate this lease as of the date the premises become unfit for use
and occupancy, or
b. require the Lessor to repair or rebuild the premises as necessary to
restore them to tenantable condition to the satisfaction of the Postal
Service. For any period the premises, or any part thereof, are unfit for
use and occupancy, the rent will be abated in proportion to the area
determined by the Postal Service to be untenantable. Unfitness for use
does not include unsuitability arising from such causes as design, size,
or location of the premises, or
c. accomplish all repair necessary for postal occupancy and deduct all
such costs, plus administrative burden from future rents.
A.24 LESSOR OBLIGATIONS
The Lessor's obligations regarding the services to be provided are further
defined as follows:
a. If heating system and fuel are furnished - Lessor must furnish
heating system together with all fuel required for proper operation of the
system during the continuance of the Lease. The system must be in
good working order and, if maintained by the Lessor, will be maintained
in accordance with the Maintenance Rider attached hereto. Any
Investigative or remediation cost associated with a release of fuel from
the system, including any fuel tank, shall be the responsibility of the
Lessor, unless the release is cause by the act or negligence of the
Postal Service.
b. If heat is furnished - Lessor must maintain a uniform heating
temperature of 65 degrees F. in all enclosed portions of the demised
premises during the continuance of the Lease.
c. If heating system is furnished - Lessor must furnish heating system
in good working order and, if maintained by Lessor, will be maintained in
accordance with the Maintenance Rider attached hereto. Any
Investigative or remediation cost associated with a release of fuel from
the system, including any fuel tank, shall be the responsibility of the
RETERMS (v2.2, June 1999) A -5
2UNITED STATES
POST13L SERVICE.
General Conditions to USPS Lease
Lessor, unless the release is cause by the act or negligence of the A.26 RESERVED
Postal Service.
d. if lighting fixtures and power are furnished - Lessor must provide light
fixtures in good working order as well as pay all recurring electric bills.
A.27 DAVIS -BACON ACT
The following is applicable if this agreement ;rovers premises of hat
interior space in excess of 6,500 square feet and involves construction
e. If light fixtures are furnished - Lessor must provide light fixtures in work over $2,000.00.
good working order. a. Minimum Wages
f. If electricity is furnished - Lessor must pay for all recurring electric
bills and furnish the electrical system during the continuance of the
Lease.
g, If electrical system is furnished - Lessor must furnish an electrical
system in good working order having a separate electrical meter.
h. If water system and water service are furnished - Lessor must
furnish a water system in good working order and pay for all recurring
water bills during the continuance of the Lease.
i. If water system is furnished - Lessor must furnish a water systern in
good working order with separate water meter.
j. If sewerage system and sewerage service is furnished - Lessor
agrees to furnish sewerage systems including all equipment, piping,
plumbing, lines, connections, septic tanks, field lines and relateddevices, as necessary and to pay all charges, fees and other costs for
such system and services during the continuance of the Lease.
k. If sewerage system is furnished - Lessor agrees to furnish sewerage
systems including all equipment, piping, plumbing, lines, connections,
septic tanks, field lines, and related devices, as necessary during the
continuance of the Lease.
1. Future Availability of Public Water and/or Sewerage Services -
Regardless of Lessor's responsibility for water and /or sewerage under
this Lease, if public water and /or sewerage services are not currently
available, but become available in the future, the Lessor agrees to
accomplish connection, maintain, and pay all fees and costs involved in
connecting the building system to the public water and /or sewerage
systems. After connection, the Postal Service agrees to pay recurring
charges for water consumption and use of sewerage services. If
connection of such services is optional, the Postal Service will determine
if the connection is to be made by the Lessor.
m. If air - conditioning equipment and operating power are provided -
Lessor must fumish air - conditioning equipment together with all power
required for proper operation of the equipment during the continuance of
the Lease. The equipment must be in good working order and, if
maintained by the Lessor, will be maintained in accordance with the
Maintenance Rider attached hereto.
n. If air - conditioning equipment is furnished - Lessor must furnish air
conditioning equipment in the demised premises in good working order
and, if maintained by Lessor, will be maintained in accordance with the
Maintenance Rider included attached hereto.
o. If air - conditioning is furnished - Lessor must maintain a uniform
temperature of no greater than 78 degrees F. in all enclosed portions of
the demised premises and be responsible for servicing of the air
conditioning equipment including, but not limited to, the replacement of
necessary filters and refrigerant as required for proper operation of the
equipment together with power, water and other services for its
operation.
A,26 LESSOR'S SUCCESSORS
The terms and provisions of this Lease and the conditions herein are
binding on the Lessor, and all heirs, executors, administrators,
successors, and assigns.
RETERMS (v2.2, June 1999)
A -6
1. All mechanics and laborers employed in the contract work (other
than maintenance work of a recurring, routine nature necessary to
keep the building or space in condition to be continuously used at an
established capacity and efficiency for its intended purpose) must be
paid unconditionally, and not less than once a week, without
deduction or rebate (except for deductions permitted by the
Copeland Regulations (29 CFR Part 3)), the amounts due at the time
of payment computed at rates not less than the aggregate of the
basic hourly rates and rates of payments, contributions, or costs for
any fringe benefits contained in the wage - determination decision of
the Secretary of Labor, attached hereto, regardless of any
contractual relationship alleged to exist between the Lessor, or
subcontractor and these laborers and mechanics. A copy of the
wage- determination decision must be kept posted by the Lessor at
the site of the work in a prominent place where it can easily be seen
by the workers.
2. The Lessor may discharge its obligation under this clause to
workers in any classification for which the wage- determination
decision contains:
a) Only a basic hourly rate of pay, by making payment at not
less than that rate, except as otherwise provided in the Copeland
Regulations (29 CFR Part 3); or
b) Both a basic hourly rate of pay and fringe - benefit payments,
by paying in cash, by irrevocably contributing to a fund, plan, or
program for, or by assuming an enforceable commitment to bear
the cost of, bona fide fringe benefits contemplated by 40 U.S.C.
276a, or by a combination of these.
3. Contributions made, or costs assumed, on other than a weekly
basis (but not less often than quarterly) are considered as having
been constructively made for a weekly period. When a fringe benefit
is expressed in a vvag6 determination in any manner other than as
an hourly rate and the Lessor pays a cash equivalent or provides an
alternative fringe benefit, the Lessor must furnish information with
the Lessor's payrolls showing how the Lessor determined that the
cost incurred to make the cash payment or to provide the alternative
fringe benefit is equal to the cost of the wage- determination fringe
benefits. When the Lessor provides a fringe benefit different from
that contained in the wage determination, the Lessor must show how
the hourly rate was arrived at. in the event of disagreement as to an
equivalent of any fringe benefit, the contracting officer must submit
the question, together with the contracting officer's recommendation,
to the Secretary of Labor for final determination.
4. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as payment of wages the
costs reasonably anticipated in providing bona fide fringe benefits,
but only with the approval of the Secretary of Labor pursuant to a
written request by the Lessor. The Secretary of Labor may require
the Lessor to set aside assets in a separate account, to meet the
Lessor's obligations under any unfunded plan or program.
5. The contracting officer will require that any class of laborers or
mechanics not listed in the wage- determination but to be employed
under the contract will be classified in conformance with the wage -
determination and report the action taken to the Administrator of the
Wage and Hour Division, Employment Standards Administration,
2--- UNITED STATES
POST I L SERVICE.
U.S. Department of Labor, Washington, D.C. 20210 -0001, for
approval. The contracting officer will approve an additional
classification and wage rate and fringe benefits therefor only if:
a) The work to be performed by the classification requested is
not performed by a classification in the wage- determination;
b) The classification is utilized in the area by the construction
industry; and
c) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
6. If the Lessor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate and fringe
benefits therefor, the contracting officer must submit the question,
together with the views of the interested parties and the contracting
officer's recommendation, to the Wage and Hour Administrator for
final determination. The Administrator or authorized representative
will, within 30 days of receipt, approve, modify, or disapprove every
proposed additional classification action, or issue a final
determination if the parties disagree, and so advise the contracting
officer or advise that additional time is necessary. The final
approved wage rate (and fringe benefits if appropriate) must be paid
to all workers performing work in the classification under the contract
from the first day work is performed in the classification. The Lessor
will post a copy of the final determination of the conformance action
with the wage- determination determination at the site of the work.
The Department of Labor information collection and reporting
requirements contained in subparagraph a.5 above and in this
subparagraph a.6 have been approved by the Office of Management
and Budget under OMB control number 1215 - 0140.)
b. Apprentices and Trainees
General Conditions to USPS Lease
on the wage determination for the classification of work actually
performed.
3. If the Bureau of Apprenticeship and Training or State agency
recognized by the Bureau (as appropriate) iithdraws approval of an
apprenticeship program, or if the Employment and Training
Administration withdraws approval of a trainee program, the
contractor will no longer be permitted to utilize apprentices or
trainees (as appropriate) at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
See 29 CFR 5.16 for special provisions that apply to training plans
approved or recognized by the Department of Labor prior to August
20, 1975.)
4. The utilization of apprentices, trainees, and journeymen must be
in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
c. Overtime Compensation
1. The Lessor may not require or nPrrr't any laborer or mechanic
employed on any work under this contract to work more than 40
hours in any workweek on work subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333),
unless the laborer or mechanic receives compensation at a rate not
less than one - and - one -half times the laborer's or mechanic's basic
rate of pay for all such hours worked in excess of 40 hours.
2. For violations of subparagraph c.1 above, the Lessor is liable for
liquidated damages, which will be computed for each laborer or
mechanic at $10 for each day on which the employee was required
or permitted to work in violation of subparagraph c.1 above.
3. The contracting officer may withhold from the Lessor sums as
may administratively be determined necessary to satisfy any
liabilities of the Lessor for unpaid wages and liquidated damages
pursuant to subparagraph c.2 above.
1. Apprentices may be permitted to work only when
d. Payroll and Other Records
a) registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency
recognized by the Bureau of Apprenticeship and Training,
U.S. Department of Labor, or, if no such recognized agency
exists in a state, under a program registered with the
Bureau of Apprenticeship and Training; or
b) if not individually registered in the program, certified by the
Bureau of Apprenticeship and Training or state agency (as
appropriate) to be eligible for probationary employment as
an apprentice. Trainees may be permitted to work only if
individually registered in a program approved by the
Employment and Training Administration, U.S. Department
of Labor.
2. The ratio of apprentices to journeymen or trainees to journeymen
in any craft classification must not be greater than that permitted for
the Lessor's entire work force under the registered apprenticeship or
trainee program. Apprentices and trainees must be paid at least the
applicable wage rates and fringe benefits specified in the approved
apprenticeship or trainee program for the particular apprentice's or
trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the appficable wage -
determination. If the apprenticeship or trainee program does not
specify fringe benefits, apprentices or trainees must be paid in the
full amount of fringe benefits listed on the wage- determination for the
applicable classification unless the Administrator of Wage and Hour
Division determines that a different practice prevails. Any employee
listed on a payroll at an apprentice or trainee wage rate not
registered, or performing work on the job site in excess of the ratio
permitted under the registered program, must be paid the wage rate
RETERMS (v2.2, June 1999) A-7
1. For all laborers and mechanics employed in the work covered by
this clause, the Lessor must maintain payrolls and related basic
records and preserve them for a period of three years after contract
completion. The records must contain the name, address, and
social security number of each employee, the employee's correct
ciassification, rate of pay (including rates of contributions for, or
costs assumed to provide, fringe benefits), the daily and weekly
number of hours worked, deductions made, and actual wages paid.
Whenever the Lessor has obtained approval from the Secretary of
Labor to assume a commitment to bear the cost of fringe benefits
under subparagraph a.4 above, the Lessor must maintain records
showing the commitment and its approval, communication of the
plan or program to the employees affected, and the costs anticipated
or incurred under the plan or program. Lessors employing
apprentices or trainees under approved programs must maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the
applicable programs. (The . Department of Labor information
collection and record keeping requirements in this subparagraph d.1
have been approved by the Office of Management and Budget under
OMB control numbers 1215 -0140 and 1215 - 0017).
2. The Lessor must submit weekly, for each week in which any
work covered by this clause is performed, a copy of all payrolls to the
contracting officer. The Lessor is responsible for the submission of
copies of payrolls of all subcontractors. The copy must be
accompanied by a statement signed by the Lessor indicating that the
payrolls are correct and complete, that the wage rates contained in
them are not less than those determined by the Secretary of Labor,
0UNITED STATES
POSTIIL SERVICE.
and that the classifications set forth for each laborer or mechanic
conform with the work the laborer or mechanic performed.
Submission of the Weekly Statement of Compliance (see 29 CIFR
5.5(a)(3)(ii)) required under this agreement satisfies this requirement.
As required by this clause, the Lessor must submit a copy of t;ny
approval by the Secretary of Labor. (The Department of Labor
information collection and reporting requirements in this
subparagraph d.2 have been approved by the Office of Management
and Budget under OMB control number 1215 - 0149.)
3. The Lessor's records required under this clause must be
available for inspection by authorized representatives of the
contracting officer and the Department of Labor, and the Lessor
must permit the representative to interview employees during
working hours on the job.
4. The Lessor must comply with the Copeland Regulations of the
Secretary of Labor (29 CFR Part 3), which are hereby incorporated in
this contract by reference.
e. Withholding of Funds. The contracting officer may withhold from the
Lessor under this or any other contract with the Lessor so much of the
accrued payments or advances as is considered necessary to pay all
laborers and mechanics the full amount of wages required by ':his
contract or any other contract subject to the Davis -Bacon prevailing
wage requirements that is held by the Lessor.
f. Subcontracts
1. If the Lessor or any subcontractor fails to pay any laborer or
mechanic employed on the site of the work any of the wages
required by the contract, the contracting officer may, after
written notice to the lessor, suspend further payments or
advances to the lessor until violations have ceased.
2. The lessor agrees to insert this clause, including this paragraph
f, in all subcontracts hereunder. The term "lessor" as used in
this clause in any subcontract, is deemed to refer to the lower -
tier subcontractor.
g. Compliance with Davis -Bacon and Related Acts Requirements. All
rulings and interpretations of the Davis -Bacon Act and related acts
contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by
reference in this contract.
h. Certification of Eligibility
1. By entering into this contract, the lessor certifies that neither it
or any person or firm having an interest in the lessor is ineligible
to be awarded contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
2. No part of this contract will be subcontracted to any person or
firm ineligible for contract award by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
3. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
Contract Termination and Debarment. A breach of this Davis -
Bacon Act clause may be grounds for termination of the contract
and debarment as a contractor and subcontractor as provided in 29
CFR 5.12.
j. Disputes Concerning Labor Standards. Disputes arising out of the
labor standards provisions of this contract are not subject to the
Claims and Disputes clause. They will be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the lessor (or any of its subcontractors)
General Conditions to USPS Lease
and the Postal Service, the U.S. Department of Labor, or the
employees or their representatives.
A.28 BANKRUPTCY
In the event the Lessor enters into proceedings reiating to bankruptcy,
whether voluntary or involuntary, the Lessor will furnish, by certified mail,
written notification of the bankruptcy to the contracting officer responsible
for administering the contract. The notification must be furnished within
five days of the initiation of the bankruptcy proceedings. The notification
must include the date on which the bankruptcy petition was filed, the
court in which the petition was filed, and a list of Postal Service contracts
and contracting officers for all Postal Service contracts for which final
payment has not yet been made. This obligation remains in effect until
final payment under this contract.
RETERMS (v2.2, June 1999) A -8
0UNITED STATES
POSTAL SERVICE.
Representations and Certifications
SEi:TION B
B.1 TYPE OF BUSINESS ORGANIZATION
The offeror, by checking the applicable blocks, represents that it: is a Washington Municipal Corporation
a. Operates as a corporation incorporated under the laws of the State of , Elan individual,
a partnership, a joint venture, a non - profit organization, or an educational institution; and
b. Is a small business concern, minority -owned business, woman -owned business, labor surplus area concern,
educational or other non - profit organization, or none of the above entities.
c. SMALL BUSINESS CONCERN. A small business concern for the purposes of Postal Service procurement is a concern,
including its affiliates, which is independently owned and operated, is not dominant in the field of operations in which it is submitting
an offer, and is of a size consistent with the standards set forth by SBA in CFR Part 121, or if no standard has been established,
then of a size employing not more than 500 employees. (Also see USPS Procurement Manual, Chapter 10, Section 1.)
d. MINORITY -OWNED BUSINESS. A minority -owned business is a concern that is at least 51 percent owned by, and whose
management and daily business operations art, contru;iea oy, one or more members of a socially and eco,iomically disadvantaged
minority group, namely U.S. citizens who are black American:, Hispanic Americans, Native Americans, Asian - Pacific Americans, or
Asian - Indian Americans. ( "Native Americans" means American Indians, Eskimos, Aleuts, and native Hawaiians. "Asian- Pacific
Americans" means those whose origins are in. Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust
Territories of the Pacific Islands, the Northern Marianas Islands, Laos, Kampuchea, or Taiwan. "Asian- Indian Americans" means
those whose origins are in India, Pakistan, or Bangladesh.)
e. WOMAN -OWNED BUSINESS. A woman -owned business is a business which is at least 51 percent owned, controlled, and
operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as
actively involved in the day -to -day management.
f. LABOR SURPLUS AREA, A geographical area which at the time of award is either a section of concentrated unemployment or
underemployment, a persistent labor surplus area, or a substantial labor surplus area, as defined in this paragraph.
1. Section of concentrated unemployment or underemployment means appropriate sections of States or labor areas so
classified by the Secretary of Labor.
2. Persistent labor surplus area means an area which is classified by the Department of Labor as an area of substantial and
persistent labor surplus (also called Area of Substantial and Persistent Unemployment) and is listed as such by that Department
in conjunction with its publication, Area Trends in Employment and Unemployment.
3. Substantial labor surplus area means an area which is classified by the Department of Labor as an area of substantial labor
surplus (also called Area of Substantia! Unemployment) and which is listed as such by that Department in conjunction with its
publication, Area Trends in Employment and Unemployment.
g. LABOR SURPLUS AREA CONCERN. A firm which will perform or cause to be performed a substantial proportion of a contract
in a labor surplus area.
h, EDUCATIONAL OR OTHER NON - PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operated for
scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private
shareholder or individual.
B.2 PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER
a. A parent company is one that owns or controls the basic business policies of an offeror. To own means to own more than 50
percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy
decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant
minority voting rights, proxy voting, contractual arrangements, or otherwise.
b. Enter the offeror's Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security Number or
other Employee Identification Number used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941.
Offeror's TIN: 91- 6001264
c. Check this block if the offeror is owned or controlled by a parent company.
REREPS (v2.2, June 1999) B-1
J0
UNITEDSTATES Representations and Certifications
POSTAL SERVICE..
d. If the block above is checked, provide the following information about the parent company:
Parent Company's Name:
Parent Company's Main Office Address:
No. and Street:
Citv:
Parent Company's TIN:
State: Zip Code:
e. If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the
offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the
affiliated group:
Name of Common Parent:
Common Parent's TIN:
B.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
a. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own
organization, that in connection with this solicitation:
1. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose
of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;
2. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror
before award of a contract, directly or indirectly to any other offeror or to any competitor; and
3. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a
proposal for the purpose of restricting competition.
b. Each person signing this proposal certifies that:
1. He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that
he or she has not participated, and will not participate, in any action contrary to paragraph a above; or
2. He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he
or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and
will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has
not participated, and will not participate, in any action contrary to paragraph a above.
c. Modification or deletion of any provision in this certificate may result in the rejection of the proposal as unacceptable. Any
modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any
disclosure or communication.
B.4 CONTINGENT FEE REPRESENTATION
The offeror must complete the Ilowing representations:
1. The offeror has has not employed or retained any company or person (other than a full -time bona fide employee
working solely for the offeror) solicit or secure this contract.
2. The offeror has has not paid or agreed to pay any company or person (other than a full -time bona fide employee
working solely for the offeror) any fee, commission, percentage, or brokerage fee, contingent upon or resulting from the award of
this contract.
b. If either representation is in the affirmative, or upon request of the contracting officer, the offeror must furnish, in duplicate, a
completed Form 7319, "Contractor's Statement of Contingent or Other Fees," and any other information requested by the contracting
officer. If the offeror has previously furnished a completed Form 7319 to the office issuing this solicitation, it may accompany its
proposal with a signed statement --
1. Indicating when the completed form was previously furnished;
2. Identifying the number of the previous solicitation or contract, if any, in connection with which the form was submitted; and
3. Representing that the statement on the form is applicable to this proposal.
REREPS (v2,2, June 1999) B -2
UNITED STATES . Representations and Certifications
2 POST/1L SERVICE.
c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, andwhohavenotobtainedsuchlicensesforthesolepurposeofeffectingthislease, may be considered as bona fide employees or
agencies within the exception contained in this clause.
B.5 CERTIFICATION OF NONSEGREGATED FACILITIES
a. By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregatedfacilitiesatanyofitsestablishments, and that it does not and will not permit its employees to perform services at any location underitscontrolwheresegregatedfacilitiesaremaintained. The offeror agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract.
b. As used in this certification, "segregated facilities" means any waiting rooms, work areas, rest rooms or wash rooms, restaurants
or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation orentertainmentareas, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in
fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
Tile otreror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific timeperiods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that arenotexemptfromtheprovisionsoftheEqualOpportunityclause; that it will retain these certifications in its files; and that it will forwardthefollowingnoticetotheseproposedsubcontractors (except when they have submitted identical certifications for specific time
periods).
NOTICE
A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exemptfromtheEqualOpportunityclause. The certification may be :submitted either for each subcontract or for all subcontracts during a
period (quarterly, semiannually, or annually).
B.6 RESERVED
B.7 LEASES BETWEEN THE POSTAL SERVICE: AND ITS EMPLOYEES, CONTRACT EMPLOYEES, OR
BUSINESS ORGANIZATIONS SUBSTANTIALLY OWNED OR CONTROLLED BY POSTAL SERVICE EMPLOYEES
OR CONTRACT EMPLOYEES
B submitting this proposal, the offeror certifies that the offeror is, is not an employee, a personal service contract employee
Y goramember of the immediate family of a Postal S °NICE employee or personal service contract employee OR a business
organization (partnership, corporation, joint venture, etc.) substantially owned or controlled by a Postal Service employee, a personal
service contract employee, or a member of the immediate! family of a Postal Service employee or personal service contract
employee. "Immediate family" means spouse, minor child or children, and other individuals related to the employee by blood who
are residents of the employee's household.
o CDGDc, 1v9 9 JnnP 1999) D -3
2UNITED STATES
POSTAL SERVICE.
Maintenance Rider
Lessor Responsibility
a. The Lessor shall, except as otherwise specified herein and except for damage resulting from the negligence of Postal Service
agents or employees, maintain the demised premises, including the building and any and all equipment, fixtures, and
appurtenances, whether severable or non - severable, furnished by the Lessor under this Lease, in good repair and tenantable
condition. For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and upon reasonable
notice to the facility manager, enter and inspect the same and make any necessary repairs thereto. Additionally, the Lessor ahall
designate maintenance repairmen for electrical emergencies, plumbing emergencies and for heating, ventilating and air conditioning
and other emergencies (windows, doors, locks and other elements), who may be called by the Postal Service in the event of any
emergency situation involving maintenance when the Lessor or the Lessor's agent cannot be contacted within a reasonable time.
b. ELECTRONIC SECURITY AND SURVEILLANCE EQUIPMENT (ESS)
Notwithstanding the above, the Postal Service shall assume the responsibility for all maintenance and repair of Electronic Security
and Surveillance equipment ( "ESS ") at the demised premises, whether installed by the Lessor, the Postal Service, or a third party.
ESS includes: Intrusion Detection System (IDS); Electronic Article Surveillance (EAS), including theft prevention systems; Closed
Circuit Television (CCTV); and associated wiring, hardware, and installation materials. Lessor shall not attempt any maintenance or
repair of, or otherwise interfere with, such ESS systems.
c. Lessor is responsible for inspection, prevention and eradication of termites and anv other wrn eating insects and for repairs of
any damage resulting therefrom.
d. Lessor shall repaint the interior (including but not limited to the walls and ceilings) and exterior at least once every five (5) years
unless the five (5) year period is specifically extended in writing by the Contracting Officer) and at any other time that painting may
become necessary as a result of fire or other casualty.
e. If a heating system is furnished by Lessor under this Lease, such system must be maintained by Lessor at all times so as to be
capable of providing a uniform temperature of at least 65 degrees Fahrenheit in all enclosed portions of the demised premises.
f. If air - conditioning equipment is furnished by Lessor under this Lease, such equipment must be maintained by Lessor at all times
so as to be capable of maintaining a uniform temperature of no greater than 78 degrees Fahrenheit in all enclosed portions of the
premises.
g. Any heating boilers, hot water supply boilers, unfired pressure vessels, elevators, escalators and dumbwaiters provided by
Lessor as part of the leased premises or operated by the LE!ssor in conjunction with the leased premises, shall be operated and
maintained by the Lessor in accordance with ANSI /ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving
Walks; ANSI /ASME A17.2, Elevator Inspectors Manual; ANSI /ASME A17.3, Safety Code for Existing Elevators and Escalators;
ASME Boiler and Pressure Vessel Code; National Electric Code; and /or ASME Safety Code No. CSD -1, Controls and Safety
Devices for Automatically Fired Boilers, as applicable, or as required by local ordinances. Current safety certificates issued by an
organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority
which has adopted the American National Standard Institute /American Society of Mechanical Engineers (ANSI /ASME) Boiler and
Vessel Code, must be provided by the Lessor for boilers and unfired pressure vessels. Current safety certificates for elevators,
dumbwaiters and escalators must be issued by an organization authorized to inspect in accordance with the ANSI /ASME Safety
Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions
do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance
with the aforesaid codes, and may issue safety certificates as appropriate.
h. Whenever there is a need for maintenance or a repair which is the Lessor's obligation under this Maintenance Rider or for
restoration of the premises or any part thereof to a state of good repair and tenantable condition, the Postal Service shall give the
Lessor written notice thereof, specifying a time for completion of the work which is reasonable and commensurate with the nature of
the work required. A copy of any such notice shall be sent by certified or registered mail to the Lessor's mortgagee and any
assignee of monies due or to become due under this Lease whose names and addresses have been furnished to the Postal Service
by the Lessor. If the Lessor (or the mortgagee or the assignee, on behalf of the Lessor) fails to prosecute the work with such
diligence as will ensure its completion within the time specified in the written notice (or any extension thereof as may be granted at
the sole discretion of the Postal Service) or fails to complete the work within said time, the Postal Service shall have the right to
perform the work by contract or otherwise and withhold the cost thereof (which may include administrative cost and /or interest) from
payments due or to become due under this Lease. In addition, the Postal Service may proportionally abate the rent for any period
the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable to it by reason of such
condition. Alternatively, the Postal Service may, if the demised premises are determined to be unfit for occupancy, at its sole
discretion, cancel this Lease, without liability,
REMAINL (v2.2, June 1999) P/1 -1
2UNITED STATES
POSTAL SERVICE
Mortgagee's Agreement
To be executed and attached to lease before it is recorded)
I Facility Name /Location PASCO — FEDERAL STATION (546524 -001) County: FRANKLIN I403WLEWISSTPASCO, WA 99301 -9998 Project: E24035
The undersigned,
holder(s) of a mortgage in the sum of
on the property situated at: 403 W LEWIS ST PASCO, WA 99301 -9998
hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors,
executors, administrators, and assigns that in the event it should become necessary to foreclose said mortgage the
mortgagee will cause the sale of said premises to be made subject to said lease.
Witness ,
Mortgagee Company
By:
Signature of Mortgagee's Officer
Its
Title of Mortgagee's Officer
Street Address
City, State and ZIP +4
Subscribed and Sworn to before me, a notary public, in and for County, State of
this
Notary Public
My commission expires
REMORT (July 96, v1.12, P)
day of _
UNITEOSTATES Designation of Emergency
ja POSTAL SERVICE Repair Personnel
Return completed, signed copy of this form to:
VANCE BENNETT
PROJECT MANAGER RE
DENVER FACILITIES SERVICE
8055 E TUFTS AVE #400
DENVER, CO 80237 -2881
Owner: City of Pasco
P. 0. Box 293, Pasco, WA
Postal Unit: FEDERAL STATION
Street Address: 403 W LEWIS ST
City,State,ZIP +4: PASCO WA, 99301 -9998
99301 -0293
Contact the following personnel for emergency repairs for those services that are my responsibility under the terms of the lease, wnen i
or my agent) cannot be reached after a reasonable period of time at Area Code & Telephone (
5 0 9) 545-3456
In the event the Postal Service is unable to contact the designated emergency repair person or such person is unavailable to perform
necessary emergency repairs, the Postal Service is authorized to arrange for such repairs by repair personnel selected by the Postal Service
with cost thereof to be reimbursed by the lessor.
For
Roofing/
Structural
Emergencies
Check if Not Applicable
FOR ALL EMERGENCIES AFTER NORMAL BUSINESS HOURS CALL
Bruce Schnabel (509) 375 -0361 or (509) 430 -9154
For
Electrical
Emergencies
Check if Not Applicable
Police Dispatch (509) 545 -3510
Name (Typed or Printed)
For
Plumbing
Emergencies
Check if Not Applicable
w/ owner) of the property to the
occupant, the U.S. Postal Service. Street Address 525 North Third Avenue (P 0 Box 293 )
For Heating,
Ventilating and
Air - Conditioning
Emergencies
Zx Check if Not Applicable
Pasco WA 99301 -5320
For Other
Emergencies
Windows, Doors,
Locks, Etc.)
F] Check If Not Applicable
Sign Original
October 1991 1-1 Postmaster 7 District 7 Area
Signature of Owner or Owner's; Agent Date
This letter is not intended to, nor
does it in any way, increase my
responsibilities as owner (or agent Name (Typed or Printed) Richar-d J. Smith
w/ owner) of the property to the
occupant, the U.S. Postal Service. Street Address 525 North Third Avenue (P 0 Box 293 )
City, State, ZIP +4 Pasco WA 99301 -5320
October 1991 1-1 Postmaster 7 District 7 Area