2015-12-29 Work Session Kodiak Island Borough
Assembly Work Session
Tuesday, December 29, 2015, 7:30 p.m.
Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting
agenda packet and seek or receive information from staff.Although additional items not listed on the work session agenda
are discussed when Introduced by the Mayor,Assembly,or staff,no formal action is taken at work sessions and Items that
require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions
are NOT considered part of the official record.Citizen's comments Intended for the"official record"should be made at a
regular Assembly meeting.
Page
1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 - 29 a. Solid Waste Advisory Board Recommendations for the Solid
Waste Contract
SWAB Recommendations
30 - 261 b. Kodiak Fisheries Research Center(KFRC) Lease Extension
Discussion
Proposed,-. .. ew Lease
Current s
GSA KFRC Colored First Floor
FY14 Leas@Inspecrion 7-12-13
5 NSCInspection nd Letter Tool - ion Form
NOAA Presentation
GSA Lease iti I Info
262 - 265 C. Accelerated Timeline for Manager Hiring
-1 -1 s e irin_ Schedule
2015-2016 r iri TI li
3. PACKET REVIEW
PUBLIC HEARING
State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of
Ownership and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to
Wayne T. Sargent dba KBI Spirits#622.
State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of
Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C.
Express/Bells Flats to The NorthWest Company dba Island Grocers#1796.
Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the
Visit our website at wmrw,, ...ifac ................. M-�mm_mm________________________, Page 1 of 266
Future Land Use Designation of Lot 1, Sawmill Subdivision from Open
Space/Recreation to Industrial/Light Industrial(P&Z Case No. 16-003).
Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter
2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the
Commencement and Adjournment Times for Assembly Meetings and Work Sessions
and Se9tion 2.30.060 Order of Business and Agenda by Switching the Order of
Awards and Presentations and Citizens' Comments.
UNFINISHED BUSINESS
Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25
Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title
17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the
Borough and to Specifically List Recreational Vehicle Parks as a Conditional or
Prohibited Land Use.
NEW BUSINESS
RESOLUTIONS
Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016
Shared Fisheries Business Tax Program and Certifying That This Allocation Method
Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in
FMA 13: Kodiak Island.
Resolution No. FY2016-23 Authorizing the Kodiak Island Borough to Issue General
Obligation School Bonds in the Principal Amount Not To Exceed$1,815,000 to Provide
Funds for School and Related Capital Improvements in the Borough and to Pay Costs
of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale,
and Providing for Related Matters.
Resolution No. FY2016-24 Urging the Governor of the State of Alaska to Appoint a
Kodiak Representative to the North Pacific Fishery Management Council.
OTHER ITEMS
Declaring a Seat on the Solid Waste Advisory Board Vacant(Ms. Tia Leber).
Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Jeff
Stewart).
Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr.
Patrick Saltonstall, Mr. Helm Johnson, and Mr. Ben Millstein).
EXECUTIVE SESSION
Discussion and Evaluation of the Fisheries Analyst Contract and Services.
Strategies in Negotiating the Hospital Lease.
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
8. FUTURE DISCUSSION ITEMS
266 a. 2015-12-15 Future Discussion Items List
5 oU a sit
w pit r w�mdidkdk us eat
iru�N�1"������ urmilt_ �.n� 9 @Kodiak8orough
Page 2 of 266
0)
0
n
Q
Cu
0)
lSoid EL
Waste
:0
r
Management Plan
CL
Recommendations
0
CD
0
N
Presented b l
Solid ao Advisory Board
0
N ember 2015
01n
m
N
0
OL
/%�,dJllr%/C!�r//,�/G%„ rvll/ilG/lll/'/�/r/l%l1%/l/ms's /MJll1UM
I� q% q a IU OMti3U N fi, DNMN�m4a6Rfi( % D(«PoiNti n iY r N u
N �kd7PUdGDVu'7ka!Y+d°d7!dE'rEddd(Ildl7 VII �dINIIIlNll+llllll�lli1ll�Y��YIPllxldNl�7<A��l � �� °�ll�I((lNllYf1Y�I�fNfNfNlNfld�Il��l�df(�1Rr � ��I �V� � �'°�V' ,I (�frl'(1�7(NIf((�N(NI(NI1�fl���l�f7fiN���ii�, %Ye yVIu��Wd�°144a'�i�Viq� IN-0" 14�/1(I�((��IY����dlr�f"f�7dll(�INI1�
fG
D
C
4
O
C7.
a
n
m
The Solid Waste Advisory Board
has been meeting for several
months to make recommend atio ns
'to the Kod 'ak Island Borough
Assembly for revisions to the Solid
Waste Management Plan .
z
° °n
N
N
o�
0
CL NNANHWA
11411Rr"iU%0/%lP%/Y/Y. 9y!/9�l'llJJlll�yrJJyliM�Jl�ll JJI;/ddl/f,/%L///////%DlAN1o11G1JJ9)J)<" r,��,ri%J/'/'/i%//%%/d/i.//WE,"
9IIM 's �Dfi Df0 lr�tlh �/ M11U IMiMfMMo�(6fN I' o M 4MMMW46 (6Miu(fh(NMMM1Sf fi / /// DI
�
... � ��Wsu4+�u�UUlkf�fI��Mri77�P11111s1� 'J�'�fiI�UIVE7�s� �fiD(����I�IYdrIDMt�`�M�D��Ifill�fi(�YTI, � uuV`'`�t✓fi��PGbf(fillli�h�(�� I l�C�i�M1(�uU �d'f��d(�r��nrfffi�r�:
W
Charge all residential uwu m r the seine fee for garbage collection.
Investigate -feasibility of collecting -the residential rlb Ill tion fee by
ED the I r umu lh with a special rt int
Remove roll caft collection from l Hillside Drive, Selief Lane and Sh r tin
Road,,
Change Borough code to restrict it ll carts from being placed next to curb
prior to 6:00 AIM.
y Schedule garbage collection after TOO AM.
Replace all residential usuurup er°s with bear-resin ant dlurrupsters.
coCD
Set up dumpster cluster,, In strategic locations.. Q feasible, cluster sates will
The graded, fenced and accompanied with bins for cardboard and plastics.
u..0 tr..,ict reuse rite r in Darla Lake area. lit will h ick.,ide a durnipster cluster
which will accept ireuse items, solid waste and recyclables., It will be phased
in with -tl-"e �: al of being graded, fenced nd covered, and will initially not The
staffed uRuntil theirs is a need to do so.
w & Do not extend Alaska Wastecontract„ Renegotiate Solid Waste oir tractprim to expiration., rn
�
� o
A
r
3
1 t" e //J mv�. U I)IYM@@AVUf.. N I a;,vv;.. JYnYPolylll"mwliYiYV1WY�'...' P!°nJ JI(Al ipv�ld,'m8 A WUPNI. Jr UN/INFfr�,i,��
to
CLa
yr ir,,rrliyi» I((d �fK�d W f NIIY�� �(iniy,ul�rVl�iyyuuuy1� rrrllrryFORI A1MINA,
ryl1 r iM�d fitl�GEIp NifI��I�iN011NUM dlYi�7tl�1C°�1 Ira..irarr»iria��iri0Vr�°
�nIP�U�38 IMpM��a
fD
C
y
O
d
Charge all residential customers the
N
same fee for garbage collection .
CD
0
n
m
z
n
m
3
r�o rzra ,-:, �r)➢r�aa.. Mtt�,�ro�r>w�Mu -amp�� u+vrnrrr rrcreM� ir�i �, maro uiaivai—�...
N
0
CL
J%%///J/((%%%/rd'//J%i�,l%ll(�/lel%al '..' 1///i//!%ff(/07111lI/�ollllJ//%/�lI/%//rIII,�"." �IJJllllllllll111111,JJ�7/�1l/JJJJIJJJ1JJllllJl� � '/lly1,111,+116!111,!!I!!I!!I/!I/!I!!J/llllll//!1G! '%%/%///J%////l/%Ji%%/%�/y7JJP":
�� '�°,° di ,,,,,,,, ,, r� ;,,,,,,�; ,,,,,,,,,,,,; / ,. i➢fDIIDIOO�,WN,:�WNa`; /.a�lJy I
iVY�NiPui>b)1;Nbf9p��U�N6SNN GY�N�1UNNf0<N�r�1ii1416WN � o� �, � i air gM�imu�uoV1
N �u�7ddrldll�(Y��nI�NrP�I(?fk��l�ll� � 6Grl�'NP���'NV��I�d�fpYU�l�Npl�l IWJd�tiir �MIRIDf�I�n�lld��fldfE �' ��Ufd�N(d7 'rr
4
N
O r
W
O
41
Q
Investigate feasibility of collecting the
CL C residentialarba a collection fee g g by
the Borough with a s ecial
p
0 assessment.
CO
N
a
ci
U3 m
" v
a
m
3
miiviw.. �,�,unr�mwrmr�n � Hv ���n: a� ,nw���- r�wrYarr�rnf2" uru,iruriri��� -i yiyiiNuuoir�uiupwnoi�.� �rii,r�,nn,e �{"
N
to
0
OL
�ym�m��irlrirrrr�r�r�r�rr�„; �Fwwpxr�r�irr�r��yrr»rr�r�fr�r /arartrt/r�rrrrrr��rrrr�rrrrrrry�r;� �1f�kR��IIYUS�ONIIWph11�I�Y�WI'��7!'Hr �f��tlV�illli�'Yyl�Y�4�f7�r�l��t�lpbllm� '{�ffflUl�llrlld�f(f���r���N��l�l
CD
O
1
D
m
d
Remove roll cart collection from
M
OL
0
Hillside Drive , Selief Lane and
a
y
Sharatin Road .
O
y
A
m
® o
N a
m
�wwuuw�;d �rmar���;ir�as 'm�i�w» uu rc.n u„a r�a7 �u v r�ttu��ne r,r mi ro„i�iii rrri��a„
d
cn
0
CL
.�+ ��a iv i"�j�i� �d�l�h�M(r`ffY@�IB�I(h6Y�l�INf��l�l�i�(TYdf Y �'I sa7dYdIq�INiIB��rf�`71'1Pf�7N7�P�C�(�CV� � � � ��a �„ �VV�YM'� 7f��i�GIRYpMIV(Ydir"rY�dYf f�f�Pf1fP�(f�ltl i
ro
n
Hillside Drive
a
Q
CL
�®r..4
N
rti t ;'0 lS
Irl
Fr
a�
s
� � ► Ir i i► h/ / 4w � ( ,T
CDWe a
CL
�e a
!�rr, ✓ �,�y i �� ITT,
! Ir ra® r r. r I m ,.' 77,
to ,"� ®(yeaRt � �� 4 ol
00W '�
N� Sffir��� ' � �wr r tea,
A'�l
ia.ir
`6 "A� � le
u mA
n°
m
3
urra»,r ru�i w;G��nuawivluir iy. �z�r,�rirc�uuw� i- rn rn>>am b" "rriuiWyiumifr+i... uw,uY�aii,�m:�yv
N
to
0
r'yr»>ra,»irnm/
il1k �ay�r�>»�ry1 �, r nyir y,r,a�r, II 1001 u�litlf�SfRN0�h�7 1 j �;r+ �trir yr
RI
I o , ,M
N
]d
® Sefief .Lane
12
a ...rr.
CD
CL
mnY ,� iA� aweI /rY rt�9Uy✓d V ^ita.'mdi�P it Q^I+6M9id �/ II'
n;
w
Milan
I � Y a41,
EEC
w.ms1,�y ar
i�Ml, A` Afl1uAIl01ri.1114U ,�, fo.i Y
• I
n
ro
Fn
v
N n
3
ivin�rimiri�irimti�"- � �,�or�,car.... ,�iv�url! valwiw��a u�u,e,�rru,vim, riu uu�exrr�nniarR,.' i �r�om�rnu�uiu�ui�rvr�ii !�rre»e rn rvrour
cn
0
CL
NIURUiSiWIDU fYDl0�d1" �„ nu" M z �Y1�1 0��i� a,111�( im11 I � �N��61U9VVNNbIib >W�N(8iW U
�Gli!�Implk�l �( � �P� ��aVOdVfi�64�d"" �,+rv��oa�ih`rM'rnnOkP
CL
m
a
1111,4El* .11111.. ..Lane
m
WIN 3.1416
owner
o „s
tIj
Yd '.
CD
ca
d
$ �� " p• _ ,,�, ,
p
6
CL WO LO
M
LL
M >.
u y 3
MAN=
UFtAlCkff nn �, a m ,_a mi�io
ro m
a
0 0
c a
rn y
ui ruvroiro»winn»nu1. uv r,�uvvcwmmii. ,taro^ r mum"Now= ^wvvrrmYni,rmu�, uv,�ir,.+�amu^ yy���rm�mmJ" eur ,���iv, �
m
0
CL
... yyIAMIi
� qu1 l� o1}I(O�N VMMIghI PI u}}q AI IN
ro
CL
E S
0
a u�uro 1 '
J iW GiF ICD
■Jiv m '.
/ �
AIMfVv1/j 1 .YM' y � ✓ ./
co
'1161, ial CL
�I � � ,, l nY u. ✓ ��i. .,"" 0� ooit "i ��r 4 �ry�
i PF
IS
Sh
i r
rilNMM'M}i rr
CIO
lin
CL Is" oill 4
,BVI °r uiittwu;9�M1�la}9@F ,��� 6 aY'_ 6 r� � �Ip,,,, f ✓SIU �'
r
�, sr l
o.
m7 } An
y „rv,; I mow, u
�',
M 'jj } � n
,� 10
N mo �uu } yM �x,:� ,,, yap
Will
61
OI �
m
3
rnivpuu rn r r�rrywy�mry �uwuw Hry xr'� 2wrrr wry�rru,�rr�uau }Iwlwrnn Wnumr,r+na alvrae r i a!!ra,:
N
Cl)
0
CL
IIGi y o i a �O f o�M Hldf IMS r,�il V �I U Nltlu I flMi�bmllMa ViM m6,WV 1hUonf i '�f/ /// I i �
w �"�YFJF�Y'J&h�iaVt��IVN�((�'' ` �nFni{II�If�9�Y�d8ldlir�(Alfni��II1RYRMIiiYdipl Mq�f�!!111n"Mlfld��l�AYI�f!(�1��'d�ff6Kdd 191VII'III ��������dflRf��l(V��I�IIAINIrtffifl� iA(R�dl�l �`'/o���!�I�(�J�I(j�
ro
CL
c
y
0
w
0
M
0
ID
B Change Borough code to restrict roll
0CL
carts from being placed next to curb
prior to 6 : 00 AM .
0
w
a
w
' z
°n
co y
fl immz�f �rlrn�r�um^ p�>>�0»rd7 �uirriiiiiriri�w � i iuii �r: rin�:x+�I�iii�i�
O
a
(iJ1/' �1lJ�IyJJ,»l/r�/llJ/rj"?J1J)�%J�/��',.. yr°YJ��Y/�7y�nyJ�%1I1��1��y�D. r�JJ/�JJ/�Jy�ll�lly�ll�l/d�D,i%t' D�illll/!d/r"1/��JIr%IJl�I�O�Iy��/r� i
///DJ��J�J�I/l%%/lj1q�),m; � �j� �� Baa a�umu mui r iutix�i � 'ppryry a om�� mrrm�iN ,, r �tr; 9 u ui mil
(b
D
C
Ch
Q
12Cam
ro
fD
Schedulegarbage collection after
0
7: 00 AM .
m
O
F,
n
m
o
a
m
3
ruuwivm�nuniv.. u r nai,.vr�r. i�nmw�imr;��.. ,wi,o„um�vr i�uiuiu�,:i,m,,v �irammr, ,,w�romm� �w�;v��»ri1�,
Co
0
CL
r o��lr�;
uflRf�ifiWh IAI�ttVNI@httNi�HRAi
NNi VuuuuV uum
�Yk�Y�llNifdf((�0�11��'m�f��(�Yt�(XfYl�l!!fN M: i���11171Y11M+�17i�P�dPrPl�6e"�C�NI��. �2�I�Yf�iI��N7dItY�r�IPtlIMIIIINIIIYI�IIM���1 �rAl��r�fd�`ff��((�YfiI�k�Y7�PPfr7Nlttlf7ddx ,?lYr�lWf(� �(�r�('f(�f�l(�(fi���l�m
m
d
C
tei
0
W
O
m
2L
:1
m
OL
10 Replace all residential dumpsters
with bear-resistant dumpsters.
Cn
0
' a
m
Ch z
a
a
m
3
N
to
a
CL
���ariai�ia�riur�»r�r�, ���rar�ir��ri��r�i�i�i��r�rrr�r� ��ri�iyi��tiil�r;,,r�rJr�r�y�
,1i 1 N �. �iiuu��Po iR ,
�vil"AY!l1�+lU �IfulaYll��IYp°Wd§ °�I�tlJ�1WI��� fl�P�x�7 Y�, �t�l iieiiilid�sai�'
ED
3>
a
t
O
03O
¢r
d
Set updumpster clusters in
y
strategic locations. if feasible,
cluster sites will be graded , fenced
and accompanied with bins for
cardboard andp lastics.
CM
m
mamma===
J
v
a
m
3
==Zoo= n m6iimar: ��� mv,me,mo,rM ,,� wvurorn m��oiw,
N
m
0
CL
�r�o
„r/tel/JJrlllll,%//O/9I//1��1��1�" 1r%//�//I/��//a/��c/II�J//�i�... � . N',u�ri9yaloi/��111/1�J1/lllll///f1^: �I rYllll7l(nlplllll((l(0//a��l/lrl/11I11h� . ..... I +„�Jh��J��l(llllr/�I?Y/'/I///1Jyliry/'�...
/, � I � 7d�`f?2n17P7WlYAIV�I7NVIVINiMIdIVdl77d1111! � o�Ij°� I C�IVVy'duu'(f4'(1�%S��'1�i1��,'Y�dii�IdlY�fd / :. ��i�Q7,H�'�I1Md�a11�YS�I�Y I /. � Y �,YY tl �v�f4hSYi6n,�'I��IIVyy�Mdlll�IVrfu'!
'oJ1�817�IYYl"!W(�dbMfil(ddll� m �� �r i r � r
r i
N
n
0
Construct reuse center in Dark
Lake area . It will include a
Q
dumpster cluster which will accept
N
reuse items , solid waste and
a
C recyclables. It will be phased in
0
w with thegoal of beingradedg
fenced and covered and will initially
to not be staffed until there is a need m
to do so.
m
IiSNbi7"BYdI7J) Y), /�aJ/1y%lu1�Y�S '
cn
a
CL
7y�JY����/r+�Y11yrnilJy/����i1�i1J�i J7�ldU��trrlr��fr�r,�z 1"r�����r�1rr��J��l��r✓�t�lllrliil;. r��a�r�r�tr��r��»�n�ll�mmall.
� . i ,� I�tiroiioirnoo�No�u„u r I
y � � ������ ' 7El!�ln;dll'qX(���kll��U(f(a'�l�lU!Xlldl?!1.i! 'ui�('Y��l��flAl��`d�IblelN�7uNrr�'ru1PY7�. 'dl�Yldpi'N,�Y�XId�IFll�llli�fflifil�rddY.... � 11fYld��INYI�!(ldAlYl'lY�l�R�lfr�7dn�� � ���u° ��{��'A`N��i�rt�l(�I�d��f�f�l(IIKiG�GCG`�'
N
b
Q.
S.
0
® GOAL
m
3
m
a
a
Provide a convenient, centrally
a
located
facility that wouldl lI
O
CL aspects of
m
waste disposal. The facility
would �provide f
or REUSE, RECYCLING
and DISPOSAL of residential items and
m
j z
m A
N
ijoljijflm...m iLr!r mmjjmm� uu .� ee«»��t w;y,,w:ww vrr�momper,
Cr)
a
ci
�l yi'0///%%/'l1,'J),%/9Ja�. //%D%%%%/D/%lr/i/%rJl1/%i- �lI/,%%l/////l�/Irl,/I/r�111J1WN",' � I%/lli/,'J)�l�//17�l�jJJ;%/lrI�IJI�I���
I � i I �f �'�jff�IMDbNI�V�(fjg9UfNtli�IW
puuu yu yuu �r`, �iiil9°�
�dflr� �rr�r�l�G �� irlrrarir!r� � u�UU iUimr����i!ip���l��uVu��(1Y�r����rl�ii�7����n�� PYIrrl�r�lri��rrn�����r��rtuirr
ro
to
A
CL
c
y
a
w
OBJECTIVES
0
03 os� Test public's
CL
iC Ciiifi
Divert sit of large,bulky items from
m
dumps-ter C iii n central „ Cilie -that is
W more convenient thanthe II i fi flI.
O
a
Provide l r Ite self-haul lC ti i for to
disposay
1 . (It may relieve som° the
overloading i r rolloffs on the
n
y
If success-ft.fl, it may ireduce the inumber of o
neighborhood dumpsters in the futL..Jre.
m
rimpgo j,� �� �m — �� ,,,,,y,,,l., �.,
3
iirfi ii%u." ris�in lYr�yi}� Ip'YfGN' »»>rri,A.
W
0
CL
M The Kenai Peninsula Borough Solid Waste Department now
chas a Household Hazardous Waste Reuse Station at the
CA Central Peninsula Landfill (CPL}„
Q
c The Borough accepts paints—and stains in five-gallon or
W
smaller containers that are at least 75°l0
Ig full and in good condition. The paints
and stains will be placed in the Reuse
3 fV Building behind the CPL:'s
3 tv Multipurpose Building and be made °
a available to the public.
The public has access to this building during the regular ,
o landfill operating hours of 8:00 AM to 5:45 PM. seven
days per weelc
ro
o Members of the publtic desiring to acquire items from the
CL Reuse Station are required to sign a Material Acceptance
Form that releases the Borough from any liability before
y removing any item from the Reuse Station.
This Reuse Program allows the Borough to save funds Iq
otherwise spent disposing of the usable material through
the Household Hazardous Waste n
W
Collection and Disposal Program_ m
® Please call the Solid Waste Department at d
262-9667 with any questions b
CA y
r[1
N
U
a
CL
m
Rill
ro
r
a 1
LOCATION
a
a�
Z3
a ��1�1i1�1111� i� 1 Ico
�Ill�s
ro
a
y _ _SELUE, F L, ANE
PropertyBorough �owned behind
Safeway and
NThreshold Services.
m
Q
CL
N
n
CL
2511 a2541 2561
2589 26012629
m 2467 2673
o
v
Beave r Lake Drove �qsE AdAL.
2430 2470
360 �1v5K CD Of
3 ®X
CL
d
y � A�fva0 2
CD 2521 g0 26Z0
W
5
!.fl,y� s
N
rn y
3
N
en
a
CL
C rupomm"Nimiimr jnnm »rnyJninlin xJ nrupr inriF ro r rrUna m rrrrrrrrrii✓liar >>rrr»r rirririirr a,
i
CD
D
n
c
o
m
n
CD
cs
0
3 r
3
3
0
m
N
0
a:
N
d ' �
m
y
�wo!v�uruh�rmt�,r� iy,u, _. .,u rvunr�rni r it• iun ir,,,,,, an.. ✓D irvY'mmm"
Of
O
CL
�y)ylyJJ///JJJJJJJ/rJLj�Jl%),Y,D)Ylyld %rrrrlr;!/�%I�IJ))rl�l/1II11yll/i 7�l"%/'/r/%ll�y/�I�/ll//11J7J17/lPE",;
�° �R6��WJSRi 1YVV(ffUfU J �� �, 1ty'i 41010)@IUIVR y � Ulfi NFu
ILN � R�� IBJ(��r/1����@Ya@��YIAfiG��Gr2l!Idl@ � iii 1@a��I'�1�V`✓�4�iY7rX�@Yd�P@Rki'�l@@d ' i�I�i�luNmm iuu��lu��QI�V''U'�BV�I�If�GU@�`"�iIXVr�'�� ���i � r@�@i@@�f�YwlNf@f��i61VIWr�'@(f��(�i(,,, � g;P ii i f���� � I�"�l�lrrf�(�(�(A I
t0
D
C
4
IDO
d
d
ro
CS
O
10
CL9
LAYOUT
n
m
o � o
n
m
3
°YIIN VD}Y�DY�ary!)YIY11�� ��/ii Ji.G.11Od�! D)v'i'IYUP�A�YNyD. WW/J/NvylY!l�'�GnJ.,.. I ;N6'iY�VYIDY�I`�9" rnr rriuivni .. ➢u&VU WV�D J �rvrP99J Umia
V
CL
m
CA0
umum
a 1��
VIJ- I
cnnwlQ
err
;. ;.w,.
0
�mms
CL
PUf�r u i�lrfkdll�f��dlrk�rll� klldkkl�d��drfdklrlrrli raN N/nkG�Irll �, d�ukkllk�Yn�u/rrrrrrrkul�lrrll�
m
c
ED0 uuoTti
CL m
-40'X8'Con'aliner Ihf'Iiaall.11hic.alr 'IP-lort lInsiudlatied l nel
Permit. $2,000 $2,000 $2,11()00
i'uVh�e �1tr�'II�`II�� Irailliu`on 16,000 '"IPI5,11011UO "�I :IID ID
�;�Ir�G'lovir�m° �'� 'IlAf �l-ir 10,000 1I "I(;VIDID IIIICIV;, ID
CL
'inlmce 18, irialtie 32 000 32,0010 32,00
➢I I m Ilr o„ii' lir I,` 10,000 '10,000 ” 11C)"I OIC�IU
C.,,,C '
Iii,.miiiIIIII Cuilmm 22,50022,01011D "� ,
0100
`D Fot,iirsdalII.CcnilE Elm 14,000 90'1000 13 ,1000
CL 25,000 21151,000 2:5,011DO
un G)
m
n
m
3
I PH}91'r NNV➢i" r//��/////; /r' .,Avr tlnrW bY" A/vn✓�n' .Is9 '1NYiV11�N'i1u0WL9Vllu)p@§D�'� U"�J1/i,/J IaP/� ...UlrW1n;91LyUY/yAl `"OAlUn" rill(�q'"'
wN`
W
0
vii �hPII�m�drYr�d�llklY�l�� uGl� �P���dflf����ffm���aarrd � �rlai��nl x(��r7➢r�!al as�dYam
m
a
a
O
w
tiTA F F I NGOR"L
loo
b
Cim itiract With
s CILI
II rric IIU'
IIIIIY .
ICA I
� I
M
IS
//
�
V
® ( IIII IIS"III III IIID Wtl �U4WF III III IIII I IIIII SII III CJI �������IIIII IIIII IIIII � �IIWIIIWIUW UIY II III
®. .W�IIII'IIYVi
IIIIIWr IIII IIIII IIIII, IIII IIIII i IIID IIII"° "I IpW III I�II'llllllp IIII IIII y�
IIP < IIIII IIIIIIII IIIIW VV v IfM1!'' 11" uwuvlleis19
IIIA
N ^
(10 Y+
m
4 S
Vpj
G
v
3
N
CO
0
��ei�rrrrrnrrrrr�rr�riara, rrrr�rrrryrrrrrrryrrrr�rr� prrrrr��rlrrrll�rryrrrylrrrr �rrrry�rrr�rar��ar�rrr��rr� � rrr�arirrirr�rrrr�rrrrrr��rr
Cu
6, 0 }7 � WuWd�li� � }}imi�tfiNfi lilrellkdRUO�V }tl � ' nye rl6 Vry
m
b
n
c
0
w
I
Do not extend Alaska Waste
CL
contract. Renegotiate Solid Waste
Contract prior to expiration .
0
n
m
a
d
n
m
3
}yluiyluiyiuiuliuU.. na�roxrerurdlwuau�u� al�wnrotu>m>ur�lulu��r,�aa �r��,,}r��,�� ,ro»yl1Uy}nm»mVtvrryHfu" �ir�r,uiii,:v.. .,._ i»iiq v,�.� I
cn
0
CL
'M Of /,%///•i�/l„�':.,,
6
ufdl6fIVMk1fp WN g4PddVttddf�( N W // NiiP«dyJ010(
NO ��illl�lllllll�lllll�ll�llllll�7NJ�ull�llllVl 1 � �%18�I�Pddldldlf�idf�llll�llll�llll117177VIf.� iVIIVVII °�'dilly!f�d�,�,q,/'J�(����Q�IXfI�XdI7Xdl�/� u�l�lfl%(f(/�/(�l/��l�k�(7r'ril�f(��1�(l��
N
03 Q
C
N
O
D
lie Solid Wasfiipc, :isor� ar iSI-'l1p theak
ir do ”
.
CD
Islaiid
l.11lllL Engineering a,iiiad Facilities
O .
y ,. Pay m .iiiat tafl' Bolb ,rucker, Joe Lipka
a
anLd J e iiii Cla,' their � �..1-Mi ... a . .
a
n
m
z
d
N n
m
J'7�YIYVHll9dY1 w /r//%i J%lOk. NMDMry�I$NYI+�u;'pif u+ rir�'1/E"" r �)yyw,!W'N'OtlIVJIu I iV�'Rr� ulla:' .AN�9➢IN6WIUIIUINVA%tll, N1�iuii �;��n�rpN "'� N
AGENDA ITEM #2.b.
%
%
�� Kodiak Island Borough
OFFICE of the MANAGER
Bud Cassidy, Borough Manager
MEMORANDUM
Dale: December 23,2015
To: Mayor and V
embly
From: Bud Cassidanager
Subj: Item for the December 29'a Work Session
Re: Lease of the Kodiak Fisheries Research Center
I. IIVTRODUCTION r rrrrrrrrrrm, , . y,y, �„ .r .. mm mm ..
.
KIB currently leases office space and laboratory space to NOAA through GSA.This facility is
known as the Kodiak Fisheries Research Center(KFRC).Federal fisheries research and
experiments are conducted at KFRC.The current lease is set to expire on September 30,201 B.
NOAA approached the Borough interested in terminating the current lease as written and
entering into a new restructured lease.This new lease commits NOAH to continuing their
presence in the Kodiak facility for another 20 years(13 years Firm).The desire for a brand new
lease is based on what is viewed as an existing creative lease document that is difficult to
administer.NOAA,frankly,is also under the gun like all agencies at the federal,state and local
level to use their financial resources more wisely.
Staff,in reviewing the request,has maintain that the obligations in the old lease must be
maintained in any new lease or at a minimum at least be offset in a way that causes little impact
to the Borough. Of particular importance is the need for NOAA to continue to pay down their
obligated debt,estimated to be approximately$2,000,000,to the Borough's Facility Fund that
loaned money for the construction of this facility. Also of importance is their responsibility to
pay Operations and Maintenance cost,Replacement and Renewal projects and insurance costs
associated with the KFRC.
The current lease arrangement between the Kodiak Island Borough(Borough)and GSA/NOAA
has been a mutually advantageous one.The National Marine Fisheries Service(NMFS)has
conducted world class research and gained knowledge valuable in their understanding of ocean
processes in the North Pacific.This in turn has benefited the local commercial fishery and
community of Kodiak.Under the current lease,the Borough has collected significant revenues
and is close to paying off the loan for the construction of this facility.When that occurs,the
Borough will own the building free and clear.Lease fees have covered all 0&M costs and
funded R&R projects to date.This relationship has also led to a number of professional level
jobs being located in Kodiak where employees live,own property and contribute to the
community.
Page 30 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
2
11. GOALS OF A NEW LEASE
Major goals to be realized by this new lease include the retention of an important tenant inthis
unique facility for another 17 years firm.That obligation means that NOAA will abide by the
requirements of the new lease for another 17 more years.This new lease will continue to be
structured in a manner where costs associated with facilities are paid for by those agencies that
occupy the facility and without burdening the local taxpayers.This has proven beneficial over
the years. Knowing that NOAA will remain in Kodiak conducting research will have benefits to
the community whose number one economic engine commercial fishing.
NOAA's goal is to reduced their overall cost,but still maintain their mission.Of importance to
them is the continuation of vital long to fishery experiments and research in a facility that
meets their current needs and is flexible enough to meet future needs.Restructuring and
extending the time in which to pay off their share of the loan used to construct the building is
beneficial to the agency.Instead of a payoff schedule where their debt is retired at the end of the
current lease(2018),the debt will be restructured and stretched to be paid off during the 17 year
firm period.With federal agency funding being reigned-in,this lower overall expense is sought.
NOAA and KIB have reviewed how the building is being used.Space has been identified that is
not directly tied to NOAA's mission. Though these spaces are currently being charged to the
fes,it is argued that they should be more appropriately be charged as common space. NOAA's
lease currently pays far 1.5 borough employees who are in charge of attending to visitors to the
building.NOAA contends that this"public function"is not int realm of a federal research
facility.They suggest that the Borough incur these employee's expenses.In exchange NOAA
will continue to collect and supply the needed marine life found in the displays.
There are goals that of parties have in common.Entering into a new lease will provide to those
who administer it clearer understanding of how the lease provisions are to beimplemented.This
has been a pmblem in the past as NOAA views the current lease as as"creative"arrangement.
The new lease is structured to provide a mechanism for the parties to meet on a more frequent
basis(yearly)to resolve any issues and adjust costs if necessary.
The Borough's responsibility as the building owner is to operate and maintain the facility in a
manner that exceeds it normal life expectancy.This is done with a preventative maintenance
program,a maintenance employee who performs maintenance based on a documented schedule.
It is also one by having lease revenue that funds operation and maintenance and replacement of
the various systems of the building.The facility should be operated in a manner that meets the
goals of the tenants. Lastly the building should be adequately insured to cover any loss and
casualty.
[ILLEASE REVIEW APPROACH
Staff is suggesting that the review aft is transition from one lease to another occur over a
number of work sessions and in bite size chunks,The current lease and the new lease are large
documents and may take time to read and understand.
Staff is suggesting that the first step is to provide the Assembly an understanding or the existing
lease as well as provisions of the new lease.A second step is to discuss how the building's
preventative maintenance,O&M costs,and replacement and new schedules are generated
and revenues to fund these are collected.The third step is to walk through the financial aspects of
the new lease.
2
Page 31 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
3
Based int is approach a tentative calendar is as follows:
• December ,2015 Work Session Discussion of the old and new lease
• January ,2016 ork Session Discussion of the FacilityMaintenance an
Discussion of the financial ects of the lease
• January i6 Work Session Further Response to Assemblyer's questions
• February H,2016 Work Session Wrap up of any issues
• February ,2016 Regular Meeting Reviewdecision on lease.
This is a suggested schedule and one that Can be changed a need.
IEV.CONCLUSION
The transition from the current lease tote new lease is complicated.The approach suggested is
a slow one.There are a lot of movingparts as well as policy decisions to be made by the
Assembly.
In the end,continuing to have federal researchi to ists in Kodiak workingadjacent towhere
the marine resources are located and workingwith state and universityresearchers is what was
anticipated when the Near Island research campus concept was originally conceived.
3
Page 32 of 266
Kodiak i ri Center i Disc...
AGENDA ITEM #2.b.
4
4
Page 33 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AIGENDA ITEM A
PL TO LEASE SPACE Request for Lease P (RLP)Number GATED (oNer Until Award}
—► 5AK0353
SECTION I-DESCRIPTION OF PREMISES
1 BUILDING ' tae Building Name Kodakloland 1b.Building Street Address 310 Research Court
DESCRIPTION
14, City KWiak 1d.Slate AK to 9-Digit ZIP Code 99815.8398
r
BUILDING SIZE 2a,General Purpose 2b.Warehouse 2c.Other 1d.Total Square Footage 2a.Total Bufftfing Parking
l! oust (Lab/Special Use) QA-214CAN Structured
33,0:57 RSF RSF 33„657 RSF Surface
SPACE 14,General Purpose porscmi 3b.Warehouse 3C Otherp..a wttwr i:”tR" 3d.Total Square Footage a.Offered Reserved
OFFERED. (3a+3b+3c)
Parking
24,925 RSFRSF 24,825 RSF Structured
34, Surface
....................,........,
4 COMMON AREA
14,853 ABO ABO 14,1153 ABOA
FACTOR(CAF)
I
1 671400
SECTION II—,RATES
Is G f Jr�imt»„91i�it9nniNrffirrrrri, 1 1161,OFFERED RATES
�� lel lila l lWK�d�f I� fl
��// r r �/ %�7J�D�hn�ti2"�i1�111V111ifODYlwaQlUl�l i �°
'(G� � I fdi� fuUfl1�'A�/bfidn)xlAf � �
t
,0101),)MM, 111
�rr,�ra� r y rrlrrn��Nr ff��ff r r�tr ((� a �� Per Rt Component „Annual SF
a rrrmr,� S per
Rate per
RA813A
125,619 S 06
enB 45
438 b. C mmm..0 7 88 17 59 29 41
iirlhl Al t,, ,tIVFII
—�,
Amottbad�Terrant
d wedCapitall
�drta' pro; e, Tdal Annual Parking .r
Cast
/ � ' AY N(9i t � �� n rrrr �(oJJlu�/I�< (, � �� �,,mom, "�.,: „m^^°” "'"°w•<,,,, "�,
n: oUw
� , � ' � � � . rural 562,407 2265 37.66 �
1. 11 h h,,.ea+a.e.,,g,
i. Ehler here the principal amount and Interest rate to amortize" enant Improvements,and the
principal amount and Interest rates to amortize Building Specific Amortized Capital items.
�I
Note: Indicate any rate changes beyond the firm term:
Additional Financial Aspects of the Lease
Adjustment for Vacant Premises: S__u, per A80ASF
HVAC Overtime Rale: S P_..per hour per❑zone❑floor❑space
ichooseone)
For rates based on aper zone'bash,provide the following:
I t
Number of zones In offered Space:
r '
i
Areasrequiring 24 hour HVAC I AN, en 11 he
ppu bugle ervifiar2 hal[IBOASF descrrtbed�ii nruk r'�SN:iiin3:4 the ml4V iu^rwrri•rr IvurrleAa l�i 9rt„emYp uaa 4tnw i�4aeilu¢r Vf m�rvi,'rmul��,ml4nirel icier„9a a iau.9i,amr gid ibl 4trrr IIS w Mir.
JpA�I(( Building's Normal Hours of HVAC Operation:
Mon&V FewaY. ....AM to PM
GSA FORM 1364D (REV 09/14)
Page 34 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
. .
6
.,,.. ..... ,,,,,.. a ...,,�.........,
Sunday .®AM to, P1u9
Add
l Financial
PercentoafGaovernment occupancy:
M the Lease(Canunrll:
Current Year Tamov
eased an fully asserted value? ❑Yes ONO
Is she offered space part o1 multiple tar bills? ❑Yes ONO
11, 11 so,provide tar to numben and squaw footage for each.Attach the legal descriptlan of the
of Bred property.
SECTION III—TERM
7.INITIAL LEASE TERM(Full Temr) B.RENEWAL IONS
a.Numbeir of Years ll,Yeats FMm C.Nurnber of Days Notice,lar Govamneud e.shall Rale 8 b.Yeats Each C.NURIbBF of Options d.Hunter of Days Nobco
to Tensinale Lease RSF M to Exercise option
20 13 360
CTI I ADDITIONAL TERMS AND CONDITIONS
9.'COMMIssIONS Na lkayje,ATTACH COMMISSION AGREEMENT
a.Tenant Representative Ctminussionb.Owner's Representative CommiWon c.Schedule of Commission Payments
% % %at lease award and red at
10 SPECIFIC OFFERED INCENTIVES(ire.,,free rent,free space)
I 1.ADDITIONAL REMARKS OR CONDITIONS WITH RESPECT TO THIS OFFER
SECTION V—OWNER IDENTIFICATION AND CERTIFI TI
12.RECORDED OWNER
a.Name b Address C.City d.Stale e.ZIP+4
Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615-6398
13, BY SUBMITTING THIS OFFER,THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE,TO LEASE TO
THE UNITED STATES OF AMERICA,THE PREMISES DESCRIBED,UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN,IN FULL
COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP;,WITH ATTACHMENTS.
1 have read the RLP and its attachments in its entire and I am mquestingno deviauons.
14 Oiteror's Interest in Property
Owner D Agent 0 Other
1S,OFFEROR 0 Check if same as Recorded Owner
a Name b.Address c.City d.State e..ZIP+4
f.Title g E-Mail Address h.Telephone Number
6 GSA FORM 1364D (REV 09/14)
Page 35 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
7
L Offeror's signature I.Date Signed
GSA FORM 1364D INSTRUCTIONS
NOTE: THE 1364D IS AVAILABLE AS A TABLE IN WORD(.DOC)FORMAT. OFFERORS ARE NOT LIMITM BY THE CELL
SIZE AS THE DOCUMENT WILL EXPAND TO ACCOMMODATE ADDITIONAL INFORMATION AS NEEDED. IT IS
EXPECTED THAT A COMPLETE OFFER MAY RESULT IN A 1364 THAT EXCEEDS THE 2 PAGE FORMAT PROVIDED.
SECTION I—DESCRIPTION OF PREMISES
1.BUILDING DESCRIPTION
Block la
Building Name
If applicable.the Offeror should pmvide the building name of the proposed faciftylbu4ding,to house the Government's space requirement.
Block 1b
Building Address
The Offeror must provide We building street address of the proposed facilitythuilding,to house the,Government's space requirement It an unimproved she
is being offered,attach a site plan as detailed in the RLP.
Block 1c
Building City
The Offeror must provide the name of the City the proposed facilitylbuilding is located.
Block Id
Building State
The Offeror must provide the name of the State or U.S.Territory the proposed facility/budding is located.
Block Is
Building S-Digit ZIP Code
The Offeror must provide the 9-Digit United States Postal Service Zip Code for the address of the proposed facility/building.
The 9-Digit Zip Code can be found an the United Stakes Postal Service Web She shher an bkE.11 s
jip4msp I �h or . co
pf gp...........W
2.BUILDING SIZE
Block 2a
General Purpose(Office)
If the building/facility offered Is,or will be constructed as,a general-purpose office and/or retail facility,the Offeror must provide the total rentable square
feet of space In the budding being offered to house the Government's space requirement. Rentable space is the area for which a tenant is charged rent
The rentable square feet are determined by the building owner and agreed to by the Contracting Officer. The rentable space may include a share of
building aupporUcommGn areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include res s,
janitor rooms,telephone closets,electrical closets,and mechanical rooms. The rentable space does not include vertical building penatmlions and their
enclosing walls,such as stairs,elevator shafts,and vertical ducts.
Block 2b
Warehouse
If the building4ocility offered was,or will be,constructed as a warehouse,the Offeror must provide the total rentable square feet of space in the building
being offered to house the Governments space requirement.
Block2c
Other
If the building/facility offered was,or will be,constructed with Lab or Special Use space,the Offeror must provide the total rentable square feet of space In
the budding being offered to house the GovemmenVs space requirement.
Block 2d Total Square Footage
The purpose for this block is to quantity the total square footage in the offered building. This line should equal the sum of 2a,2b and 2c.
Block 2e Total parking
The Offeror shall provide the number of parking spaces for the entire building/facAity,which am under the control of the Offeror. It the offered building
shares parking with neighboring buildings,the Offeror is requested to give the total number of surface and/or structured parking available along with the
total number of parking spaces surface and/or structured allocated to the offered budding.
3.SPACE OFFERED
Block 3a
General Purpose 101fice)
It the buildingfiaclity,offered is,or will be constructed as,a general-purpose office and/or retail facility,the Offeror must provide the total rentable square
feet and ANSI BOMA Office Area square feet of spare being offered to house the Government's space requirement.
7 GSA FORM 1364D (REV 09/14)
Page 36 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
B
Rentable space Is the area for which a tenant is charged rent. The rentable square feet are determined by the building owner and agreed to by the
Contracting r. The rentable space may include a share of building suppuftDirnmon areas such as elevator lobbies,building corridors,and floor
service areas. Floor service areas typically include res s,janitor moms,telephone closets,electrical closets.and mechanical moms, The rentable
spare does not include vertical budding penetrations and their enclosing walls,such as stairs,elevator shafts,and vertical duds.
The Government recognizes the American National Standards Insfituteffluilding Owners and Managers Association(A SIIBO )international standard
(265.1-1996)definition for Office Area. ANSI/BOffice Area square feet shall be computed by measuring the area enclosed by the finished surface of
the room side of comdom(corridors in place as well as those required by local codes and ordinances to provide an acceptable level of safety and/or to
provide access to essential building elements)and other permanent walls,the dominant portion(refer to 265.1)of building exterior walls,and the center of
teriant-separefing partitions. Where alcoves,recessed entrances,or similar deviations from the corridor are present,ANSVBOMA Office Area square feet
shall be computed as if the deviation were not present.
Block3
General Purpose(Warehouse)
If the building/facility offered was,or will be,constructed as a warehouse,the Offorair must provide the total rentable square feet of space being offeredto
house the Government's space requiremenL
Block 3c
Other
If the building1facility offered was,or will be,constructed with Lab or Special Use space,the Offeror must provide the local rentable square feet of space
being offered to house the Government's space requirement.
Block3d Total Square Footage
The purpose for this block is to quantify the total square footage being offered to the government. This line should equal the sum of 3a,3b and 3c.
Block 3e Offered Reserved Parking
The Offeror shall provide the number of structured and surface parking spaces that are being offered to the government.
Block 4C.A.F.
The Offeror must provide the Common Area Factor(a conversion factors)determined by the building owner and applied by the Offerar to the ANSUBOMA
Office Area square feet to determine the rentable square feet for the offered space). The equation is rentable square feet divided by ANSUBOMA Office
Area square feet.
If the space offered is on multiple floors and does not have a single common area factor because of changes in floor design due to building
architecturelbulkling systems or due to full Poor and partial floor occupancy under the same lease proposal,the Government requests the common area
factions itemized by location and by floor, If the offer is the successful offer,the Government,on a -by basis,may request to have one common
area factor, which would be the btendedlavoraged common area factor This blend raged common area factor may be placed on contract
documents,for Internal Government purposes.
If the product of rentable square feet divided by ANSI/BOMA OfficeANSI/BOArea square feet does not round evenly,the Government requests that the result be
provided up to 9 decimal places.
SECTION11RATES
—
III.EXISTING
This section pertains to the existing GSA lease and is to be completed by the government. This Information is intended to provide a basis for the offeror
when considering their now offered rates.
.OFFERED RATES
Blocka
Shell
State the rental consideration required to provide the shell space and other improvements as defined in the RLP.
Stock 6b
Operating
The Oftener must provide any and all services,utility expenses,excluding ownership and managenall costs,on a first lease year rentable square foot basis.
If an offeror proposes set changes in rent for operating costs rather than using the operating cost adjustment paragraph in the RLP or Lease,indicate
changes in operating costs and the number of years each rate is in effect.
Block tic
Arnoigzation of Tenant Improvements
State the annual rent and psf rates to amofte any tenant Improvements identified in the RLP. The Offerar is reminded that tenant improvements shall
provide for all alterations for thegovernment-demised area above the budding shellbuild-out
Block 6
Building Specific Amortized Ceita!
State the annual rent and psf rates to amortize the costs of Building Specific Amortized Capital costs. They must be priced separately from any tenant
Improvements
Block Be
Total Annual Parking Cost
The Offeror shall state whether the offered rental rale(s)above Include parking costs. If not,provide the annual cost per space for structured and surface
parking spaces
A FORM 13640
{ /141
Page 37 of 266
Kodiak i ri Research t r ) Lease ExtensionDisc...
AGENDA ITEM #2.b.
Block OF
Antanna/Roof
The Offeror shall state whether the offered rental rater(s)above Include antermatmof is If not°provide the annual cost for use of the rant
Block 6g
Other
The Offoror shall include any additional costs not identified in boxes Go—6f in this box.
Block Sh
Total
This line should equal the sum of On—6g
Block 61
Enter the principal amounts and interest rates for amoftation of Tenant Improvements and Building-Specific Amortized Capital requirements
Note:The Offeror must provide any additional information that impacts the offer here. Provide additional pages as nec"sary
Block 61
Additional Financial Aspects of the Lease
Vadous paragraphs of the RLP discuss the Hems listed below. So that the offer fully addresses these issues,provide the following information:
the proposed rental adjustment for vacant premises;
normal hours of operation for WAC
the overtime HVAC rate;
rate for areas requiring 24 hour HVAC(per RLP requirements such as LAN moms,etc.),when Lease Indicates that these costs will be paid separately
by the occupant agency
SECTION III—TERM
Block 7a
Number of Years for Initial Term
The Offeror Is requested toconfirm that the total initial to of the proposal is consistent with the Solicitation for Offers and its attachments.
Block 7b
Years Firm
The Offeror is requested to confirm that the firm to portion of the total initial term of the proposal is consistent with the Solicitation for Offers and its
attachments. Block 21a may be the same as Block 21 b,as defined by the Solicitation for Offers and its attachments
Block 7c
Days Notice to Terminate
It the Solicitation for Offers requires.or it the Offeror provides termination rights during We term of the proposed lease, the Offeror must provide the
number of days notice required for the Government to terminate the proposed lease,
Block Be
Renewal Option Shell Rate
if the Solicitation for Offers requires a renewal option,the renewal opbons will beevaluated in accordance with the Solicitation for Offers. Block 22a
requests the shall rate per rentable square foot proposed by the Offeror.
The Offeror is reminded that the Government anticipates that the tenant build-cut will be fully amortized at the and of then term. Any desired rent
increases or decreases should be reflected in the shell rate and fully explained as part of this written proposal.
If the Offeror submits an unsolicited renewal option,the Offeror understands that even if his/her offer is the successful offer the Contracting Officer,may
choose not to Incorporate the renewal option into the lease language.
Please note procurement and appropriation regubficao&may prevent GSA from Incorporating a renewal option Into the lease agreement and may prevent GSA from
ultimately exercising a renewal option written Into the lone,agreement.
Block Ob
Renewal Option—Years Each
The Offeror is requested to confirm that the renewal term of the proposal is consistent with the Solicitation for Offers and its attachments. If the Solicitation
for Offers requested more than one renewal term, the Offeror is requested to confirm that Me renewal terms of the proposal are consistent with the
Government's requirement.
Block 6C
Number of Renewal Options
The Offeror is requested to confirm that the number of renewal option periods ireffected in this proposal is consistent with the Solicitation for Offers and its
attachments.
Block ed
Days Notice to Exercise Renewal Options
If the Solicitation for Offers requires a renewal option,the number of days notice required to exercise the renewal option is requested The Scificitationfor
Offers may specify a number of days notice as determined by the Contracting Officer, Otherwise.the number of days notice should be reasonable and in
accordance with market conditions.
9 GSA FORM 2364D (REV 09/24)
Page 38 Ofd
Kodiak Fisheries Research Center( } Lease Extension Disc...
AGENDA ITEM #2.b.
10
SECTION IV—ADDITIONAL TERMS AND CONDITIONS
Block Be
Tenant Representative Commission
IF GSA uses an authorized Realty Company as its official tenant representative,the Offeror must provide the to percentage of commission allocated in
the preforms,for this proposal,to the tenant representativehenant broker. This Information is necessary to measure the national broker contract program
results.
The General Services Administration(GSA)may designate an authorized Realty Company as the Government's representative While a GSA Contracting
Officer must execute the lease agreement the authorized Realty Company will be entitled to the tenant representativaltenant broker commission,which is
a common commercial real estate business practice. Such commission shall he payable to the authorized Really Company in the form of a check due in
accordance with local laws and customs but no later than the lease commencement date.
Under the terms of the contract between GSA and the authorized Really Company,the authorized Realty Company will forego a certain percentage
previously agreed to by the authorized Realty Company. The Offeror will apply the percentage Foregone by the authorized Realty Company as a credit to
the Shell Rent of the lease(herein,commission credit). Said credit will ultimately be reflected in a reduction to the shell;rent on the Standard Fenn 2,
entitled'U.S Government Lease for Real Property'
The Solicitation for Offers will state the percentage forgone by the authorized Realty Company
For purposes of the price evaluation, any commission its shall be treated as a lump sum credit and will be evaluated in accordance with the
procedures established in the-Prim Evaluation'paragraph In the SUMLIARY section of the Solicitation for Offers. The commissions paid to the GSA
authorized Realty Company,as direct payment,will not be applied to the present value analysis.
A preforms is defined as the ownerships'pmjected Financial analysis on their income and expenses in determining their proposal to the Government
Block9b
Ownses Representative Commission
If GSA uses an authorized Realty Company as its official tenant representative,the Offeror must provide the total percentage of commission allocated in
the preforms,for this proposal,to the ownees representativelownees brake!. This block is to gather Information and measure the national broker contract
program results.
Block 9c
Schedule of Commission Payments
It GSA uses an authorized Realty Company as its official tenant representative,the Offerer must provide the schedule of commission payments as
allocated in the prolonns,for this proposal. Under the terms of the contract between GSA and the authorized Realty Company,the authorized Realty
Company will forego a certain percentage referenced above as the commission credit as pad of the Realty Companies contract with GSA. The remaining
commission shall be payable to the authorized Really Company In the form of a check due In accordance with local laws and customs but no later than the
lease commencement date This block Is to gather information an the timing of commission payments to measure the national broker contract program
results.
Block 10
Specific Offered Incentives
The Offeror is requested to describe any Incentives included in their offer such as free rent or free space.
Block 11
Additional Remarks or Conditions with respect to this a
The Offeror must provide any additional Information that impacts the after. Provide additional pages as necessary
SECTION V—OWNER IDENTIFICATION AND CERTIFICATION
Block 12
Recorded Owner
The Offeror must provide the name and full address at the recorded owner of the property proposed in response to the Government's requirement.
Black 13
Agreement to Lease to the United States
By submilling this offer,the Offemr agrees upon acceptance of this proposal by the herein specified date,In lease to the United States at America,the
premises described,upon the terms and renditions as specified herein,, In full compliance with and acceptance of the aforementioned Solicitation for
Offers.with attachments.
Block 14
Offeroes interest in the property
The Offeror must Identify their Interest In the property,whether they have an ownership interest,they are an agent,or some other relationship to the
property being proposed in response to the Govemment's requirement, It the Offeror is an agent,provide a copy of the agency agreement Indicating
control of the property
Block 15
Offerror Information
The proposal must kndude the Offerces name,file,address,small,address,phone signature and date of signature.
The Contracting Officer may request an authority to represent letter from the ownership identifying the Offeror as hisMer official representative Refer to
the Parties to Execute Lease clause in the Solicitation Provisions(GSA Form 3516)for additional information that will be required prior to any lease
execution,
10 GSA FORM 1364D IREV 09/14)
Page 39 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
„
Page 40 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
12
SuccriedinglSuparseding Lease
LEASE NO. GS-10P-LAK07482 GSA FORM L2V m—10451
111IMS1fRUCTIONS'TO OFFEIROWS:, IlDo snot allairnpitto roiaiipiipie this kasirp Fairns(MBA Lioase Fairin 1IL2021. Ul�iian sellwAlori 9fair Award,GSA%1111f
51"ecessOull Dffaiii)uir's giriall alfaired iireiinit and cither,Ilpirice data illurmaalllqu4ed on the Ihamse prolporal Minn(GSA IIL,easrr Piroposai IFoimtnni
havairlimir laiasia Proposai Forni) 11i[idin a Lease Foirral, gind airainsmIll 111hie cuirin1plis'Wd Lease Foirm, togetilhair with aliplorolovilate
aRadhinniniiiiis,11u,111he successfwll Offerair for exactiallairi.
This Lease is made and entered into between
Kodiak Island Borough
(Lessor),whose principal place of business and contact information is Office of the Borough Manager,710 Mill Say Road,Kodiak,AK 99615-8398,
Phone(907)486-9301 and whose interest in the Property described herein is that of Fee Owner,and
The United States of America
(Government),whose principal place of business and contact Information is Leasing Division,Attn:Leasing Branch
Chief,400 15th St SW,Aubum,WA 9110011 and acting by and through the designated representative of the General Services Administration(GSA),
upon the terms and conditions set forth herein.
Witnesseth.The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows.
Lessor hereby losses to the Government the Premises described herein,being all or a portion of the Property located at
301 Research Court,Kodiak,AK 139016-6398
and more fully described in Section I and Exhibit A,together with rights to the use of parking and other areas as set forth herein,to be used for such
purposes as determined by GSA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning January 1,2016 and continuing for a period of
20 Years,13 Years Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable
termination and renewal rights,shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space
by the Government.
In Witness Whereof,the parties to this Lease evidence their agreement to all terms and conditions set[aft herein by their signatures below to be
effective as of the date of delivery of the fully executed Lease to the Lessor,
FOR THE LESSOR: FOR THE GOVERNMENT:
Name: [Name]
Lease Contracting Officer
Title:
General Services Administration,Public Buildings Se
Dole: Date:
WITNESSED FOR THE LESSOR BY:
Name:
Title:
LEASE NO.0311-110P-LAK07492, LESSOR: GOVERNMENT: GSA FORM L202(0 15)
12
Page 41 oft
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Data:
The iirafeamrhrafion c0edOn mquaeunents rx.mWined iin On SdcftatiovgComraim, khat am mW mquiTed by the regWation,hwre W-An appwoveld by Osa
CAfice eek Managemen'l arul Budget pumumn't to the Palperwo*Reduction Acland Rsakpned ffie OMB Conlid No 3090-0161
LEASE NO.GS-IOP4.AK07402 LESSOR. GOVERNMENT. GSA FORM L202(OrdIS)
13
Page 42 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
14
SECTION 1 THE PREMISES,RENT,AND OTHER TERMS 1
101 THE PREMISES(SUCCEEDING)(SEP 2013) 1
102 EXPRESS APPURTENANT RIGHTS(SEP 2013). 1
103 RENT AND OTHER CONSIDERATIONS(APR 2015)
104 TERMINATION RIGHTS (AUG 2011) 2
1.05 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015) . . .. ,_ 2
106 PERCENTAGE OF OCCUPANCY(JUN 2012), 2
107 OPERATING COST BASE(SEP 2013) 2
1,08 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013), ...,. .
1.09 24-HOUR HVAC REQUIREMENT(SEP 2014), _,.. ___ 2
SECTION 2 GENERALS,CONDITIONS,AND STANDARDS...........................................................................................................
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013) . ,,, 4
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012) .._. . _... A
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013) „,.. „„.,_ 5
2,04 WAIVER OF RESTORATION(APR 2011)._ _ 5
2,05 CHANGE OF OWNERSHIP(APR 2015) 5
2.06 ADJUSTMENT FOR VACANT PREMISES(SEP 2013).. _...., 5
2.07 OPERATING COSTS ADJUSTMENT(JUN 2012)., 6
SECTION3 CONSTRUCTION STANDARDS SHELL COMPONENTS................................................................................................8
3.01 WORK PERFORMANCE(JUN 2012) „,.,., 8
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) .. 8
3,03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013) _e
3.04 EXISTING FIT-OUT,SALVAGED„OR REUSED BUILDING MATERIAL(JUN 2012)..
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012),_ _ 8
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013). 9
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ACITCTIENIEER(SUCCEEDING)(APR 2011) ... 9
3.08 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011) 9
3.09 VESTIBULES(SUCCEEDING)(APR 2011)
3,10 MEANS OF EGRESS(MAY 2015). 9
3..11 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013) ...... 10
3.12 FIRE ALARM SYS (SEP 2013)
3.13 ENERGY INDEPENDENCE AND SECURITY_ACT(DEC 2011)....... _ 10
3.14 ELEVATORS(SEP 2013), 11
3.15 DEMOLITION(JUN 2012) _ 11
3.16 ACCESSIBILITY(FEB 2007)
3.17 CEILINGS(APR 2015) 11
3.18 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013),.,, 12
3,19 DOORS IDENTIFICATION(APR 2011) 12
3,20 WINDOWS(SUCCEEDING)(SEPT 2011)_ 12
3.21 PARTITIONS', GENERAL(APR 2015) _ 12
322 PARTITIONS: PER NT(APR 2015) .,._ 12
3.23 INSULATION: THERMAL,ACOUSTIC..AND HVAC(SEP 2013). 12
324 WALL FINISHES-SHELL(SUCCEEDING)(JUN 2012).. _ 12
325 PAINTING-SHELL(JUN 2012)......,.. „_ _ 13
326 FLOORS AND FLOOR LOAD(APR 2015) .13
327 FLOOR COVERING AND PERIMETERS-SHELL(SUCCEEDING)(JUN 2012) 13
3.28 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011) 13
329 ELECTRICAL(JUN 2012)
330 DRINKING FOUNTAINS(APR 2011).., _,,, _.. _,.13
331 EST OO S(SEP 2013). 13
332 PLUMBING FIXTURE&WATER CONSERVATION(DEC 2011),,, „14
3.33 JANITOR CLOSETS(SUCCEEDING)(JUN 2012) 14
334 HEATING VENTILATION AND AIR CONDITIONING-SHELL(SEP 2013)... 14
3,35 TELECOMMUNICATION& DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011)._„ 15
3.36 TELECOMMUNICATIONS LOCAL EXCHANGE ACCESS(JUN 2012) 15
3,37 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013) 15
3.,38 ACOUSTICAL REQUIREMENTS(JUN 2012) 15
3,.39 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013),,_, ' 'is
3.40 SYSTEMS COMMISSIONING(APR 2011), 16
3.41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS-LEASE(SEP 2014) 17
SECTION4 DESIGN.CONSTRUCTION,AND POSTA TIES..............................................................................................18
4;01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015) 10
4.02 AS-BUILT DRAWINGS(JUN 2012) .. 10
LEASE NO.G 40P 07482 LESSOR: GOVERNMENT- GSA FORM L202(06116)
14
Page 43 of 266
Kodiak r ri r r iDisc...
AGENDA ITEM #2.b.
15
SECTION 5 TENANT IMPROVEMENT CO PONE .............................................................................................................................19
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013) .,,,,_,..,.. ._.,. . . . . .. . __... 19
5,02 DOORS: INTERIOR(SUCCEEDING)(SEP 2013). 19
5103 DOORS: HARDWARE(SUCCEEDING)(SEP 2013)
504 PARTITIONS. SUBDIVIDING(SUCCEEDING)(SEP 2013) . . _... . . ..,._ . . . .._.. . . . 19
505 WALL FINISHES(JUN 20121 __, 19
506 PAINTING-TO(SEP 2013). . .., 19
507 FLOOR COVERINGS AND PERIMETERS(APR 2015) 20
5,08 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012) _ 21
509 ELECTRICAL: DISTRIBUTION(SUCCEEDIG)(JUN 2012) _„ _.,.. 21
5.10 LIGHTING: INTERIOR AND PARKING-71(SUCCEEDING)(SEP 2013) _ _ _ _ 21
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM..........................................................................22
601 PROVISION OF SERVICES„ACCESS,AND NORMAL HOURS(JUN 2012) ._,,._. 22
6.02 UTILITIES(APR 2011)_ ._...,. . 22
6.03 UTILITY CONSUMPTION REPORTING(JUN 2012) _,. 22
6.04 HEATING AND AIR CONDITIONING(SEP 2014) . .,,., 22
6.05 JANITORIAL SERVICES(JUN 2012) 22
6.06 SELECTION OF CLEANING PRODUCTS(APR 2015) 23
6.,D7 SELECTION OF PAPER PRODUCTS(APR 2015)..,,_. 23
6.06 SNOW REMOVAL(APR 2011) 23
6.09 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013),..,_,_. ,,, 23
6.10 MAINTENANCE OF PROVIDED FINISHES(SEP 2013) _ 24
6,11 ASBESTOS ABATEMENT(APR 2011).. . . . .. _...,_ 24
6.12 ONSITE LESSOR MANAGEMENT(APR 2011). ,,, 24
6.13 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013) 24
6,14 SCHEDULE OF PERIODIC SERVICES(JUN 2012) .,,. . . . .25
6,15 LANDSCAPING(SUCCEEDING)(JUN 2012) 25
6.16 LANDSCAPE MAINTENANCE(AP2011)..,, . .,_...,. . .. ...._.. 25
6.17 RECYCLING(JUN 2012) 25
6.18 RANDOLPH-SHEPPAD COMPLIANCE(SEP 2013)... 25
6.,19 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013) -25
6.20 INDOOR AIR QUALITY(SEP 2013) 27
621 RADON IN AIR(SUCCEEDING)(SEP 2013) 27
6.22 HAZARDOUS MATERIALS(SEP 2013). _ „_ __ 28
623 MOLD(SEP 2013). 28
624 OCCUPANT EMERGENCY PLANS(SEP 2013) 29
SECTION 7 ADDITIONAL TERMSD CONDITIONS..............................................................................................................................30
7,01 SECURITY STANDARDS(JUN 12)„„„_ _ _. 30
801 SPECIAL REQUIREMENTS 30
LEASE NO. S40 07482 LESSOR: GOVERNMENT. GSA FORM L202(05115)
15
Page 44 of 266
Kodiak i ri s Research Center(KFRC) Lease ExtensionDisc...
AGENDA ITEM #2.b.
16
SECTION I THE PREMISES,RENT,AND OTHER TERMS
1.01 THE PREMISES(SUCCEEDING)(SEP 2013)
Unless otherwise noted,the Government accepts the Premises and tenant improvements in their existing condition,except where specifications or
standards are contained elsewhere in this Lease. The standards include security impmvements, Fire Protection and Life Safety requirements,
ABAAS compliance,as well as compliance with all local codes and ordinances. Such acceptance by the Government of existing Promises shall not
relieve Lessor of continuing obligations for donning,janitorial,maintenance,repair,etc.as set forth in the Lease paragraphs and attached General
Clauses.
The Promises are described as follows
A. Offce and Related : 25,332 rentable square feet(RSF),yielding 15,864 ANSIIBOMA Office Area(ABOA)square feet(SF)of office
and related Space located on the!' and 2"' floor(s)of the Budding,as depleted an the floor plan(&)attached hereto as Exhibit A.
B. Common L6M,f@dQ The Common Area Factor(CAF)Is established as 1.6151742 parcent. This factor,which represents the convention
from ABOA to rentable square feet,rounded to the nearest whole percentage,shall be used for purposes of rental adjustments in accordance with the
Payment Clause of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas,and shall have the right to post Rules and Regulations Governing
Conduct an Federal Property,Tide 41 CFR,Part 10244,Subpart C within such areas The Government will caurdinate with Lessor to ensure signage
is consistent with Lassoes standards Appurtenant to the Promises and Included in the Lease are rights to use the following:
A. 34 parking spaces(31 car and 3 beat),reserved for the exclusive use of the Government of which 0 shall be structuredtinside
parking spaces,and 34 shall be surface/outside parking spaces, In addition,the Lessor shall:provide such additional parking spaces as required by
the applicable code of the local government entity having junsdietbri over the Property Outside of normal business hours or by agreement between
the Government and Lessor,vacant parking spaces are available for use by Lessor
B end Related Trans
�Deyic�es„ (1)Space located on the roof of the Building sufficient in size for the
Installation and placement of telecommunications equipment,(2)the right to access the roof of the Building,and(3)use of all Building areas(e g,,
chases,plenums,etc.)necessary for the use,operation,and maintenance of such telecommunications equipment at all times during the term of this
Lease. it the Government chooses to make any mof installation,the Government will pay all is including but not limited to a roofing engin
near
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
A. The Governmant shall pay the Lessor annual rent payable In monthly Installments Inannism,at the following rates:
FiRm TERM Now Few TERM
ANNUAL RENT ANNuAL Raw
SHELL RENT 3184�6112 00 $184.612,00
Bow)PAYMENT' $184.67772 $000
OPERATING COSTS2 5524,755.00 $524,755,00
TOTAL ANNUAL RENT S1194,044.72 $702.367.00
Bond payment—See EAubd F
Operating rent ralcuiWon Is made up of the Operating Costs(6511769.00)Indudrig insurance(hazard,liability,etc.)costs($12,956 001
In Instances where the Lessor amortizes either the TI or BSAC for a pedod exceeding the Firm Term of the Lease,should the Government tonninate
the Lease after the Finn Term or does not otherwise renew or extend the term beyond the Firm Term,the Government shall not be liable for any costs,
including unamoitized costs beyond the Firm Term.
B. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance,not toe 15,864 ABOA SF
based upon the methodology outlined under the-Payment-douse of GSA Form 3517.
C. If the Government occupies the Promises for less than a full calendar month,then rent shall be prorated based on the actual number of days
of occupancy for that month.
D Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses, Rent shell be payable to
the Payee designated by the Lessor in the System for Award Management(SAM), It the payee is different from the Lessor, both payee and Lessor
must be registered in SAM.
LEASE NO. -10 07462,PAGE I LESSOR:—GOVERNMENT. GSA FORM L202(05115)
16
Page 45 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
17
E. Lessor shall provide to the Government,in exchange for the payment of rental and other specified consideration,the fling'
1. The leasehold Interest in the Property described in the paragraph onfi8ed"The Premises.'
2. All costs,expenses and fees to perform the work requiredfor acceptance of the Premises in accordance this Lease,including
ell costs for labor,materials,and equipment,professional fees,contractor fees,attorney fees,permit fees,Inspection fees,and similar such fees,and
ell related expenses.
3. Pedormance or satisfaction of all other obligations set forth in this Lease;and all services,utilities,and maintenance required for
the proper operation of the Property.the Building,and the Premises in accordance with the terms of the Lease, Including, but not limited to,all
inspections,modifications,repairs,replacements,and improvements required to be made therein to most the requirements of this Lease.
F. Parking shall be provided at no cost.
1.04 TERMINATION RIGHTS (AUG 20111
The Government may terminate this Lease,in whole or in part"at any lima effective atter the Firm Term of this Lease,by providing not less than 360
days`prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or
the termination date set forth in the notice,whichever is later, o rental shall accrue after the effective date of termination.For termination to take
off ,the terminatedspa must be cleard of Government equipment and supplies.
1.05 DOCUMENTS INCORPORATED I LEASE J 2015)
The following documents are attached to and made part of the Le .
No.OF
DOC,,,,,,u rN ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Paaes IBtT
FLOOR P �S AND ,,MEF ,,rAGE CALLS 3 A
,GSA F603 5178 GENERAL CLAUSES,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 46 B
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
FO 3518,REPRESENTATIONS CERTIFICA,nONS 12 C
GSA FORM 35118-SAM,ADDENDUM TO SYSTEM FOR 2 D
AWARD MANAGEMENT(SAM)REPRESENTATIONS AND
CERTIFICA NS(ACQUISITIONS OF LEASEHOLD INTERESTS
IN REAL PROPERTY
REP EMENT AND RENEWAL RESERVE1 E
................................................................................................................................Y...................................................................................
BaNp I]R TION sCHIEDt9L!F 6 F
.........................................................................................................................................................................................................................................................................................................� ...
....................................................................................................................................................................................................................................................... ....................
1.06 PERCENTAGE OF OCCUPANCY(JUN 2012)
As of the Lease Award Date,the Govemmenfs Percentage of Occupancy is 75.3 percent. The Percentage of Occupancy is derived by dividing the
total Government Space of 25,332 RSF by the total Building space of 33,867 RSF.
1.07 OPERATING COST BASE(SEP 20131
Time parties agree,for the purpose of applying the paragraph tided"Operating Costs Adjustment,”that the Lessors base rate for Operating Costs shall
be the Operating Costs$511,769.00/annum including Insurance(hazard,IinWily„etc.)costs S12,986,001annum The total will be$524„755.001annu .
The Lessor will submit GSA Form 1217 by December 31°each year as derived from the Lessor's Fiscal Year ending June 3&of each year.
1.08 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 20131
in accordance with the paragraph entitled'Adjustment for Vacant Premises'd the Government fails to occupy or vacates the entire or any portion of
the Premises prior to expiration or the term or the Lease,the Operating Costs paid by the Government as part of the rent shall be reduced by
$2.00 per ABOA SF of Space vacated by the Government. The reduced rale will be effective 30 days atter notification to Lessor,
1.09 24-HOUR HVAC REQUIREMENT(SEP 2014)
LEASE NO.GS40P 07482,PAGE 2 LESSOR:-GOVERNMENT- GSA FORM L202(11I
17
Page 46 of 266
Kodiak is riResearch r( ) Lease Extensioniso...
AGENDA IT .
t0
A. 97 ABOA SF of the Space shall receive cooling at all times(24 hrs.a day,305 days a year)for purposes of tooling the designated server room
(Room 133). The temperature of this mom shall be maintained at no greater than 75 degrees F(preferred is 68 degrees F).
B. The 24 hour ming service shall be provided by the Lessor as part of the Operating Cost Base.
LEASE NO.G840P-LAK07482,PAGE 3 LESSOR: GOVERNMENT: GSA FORM L202(05110(
10
Page 47 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
#2.b.
,t.9
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be Interpreted by reference to the following definitions,
standards,and formulas:
A, 6piggd nant Amps, Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,but for
which rights are expressly granted under this Lease,or for which rights to use are reasonably necessary or reasonably anticipated with respect to
the Government's enjoyment of the Promises and express appurtenant rights. This includes pump houses and hazmat t ers.
B Brokgr If GSA awarded this Lease using a contract real estate broker,Broker shall refer to GSA's broker,
C. BuiCdin The building(s)situated on the Property in which the Priunises are located shall be referred to as theBuilding(s).
D. Commission Credit It GSA awarded this Lease using a Broker,and the Broker agreed to forego a percentage of its commission to which it is
entitled in conn on with the award of this Lease,the amount of this credit is mferred to as the Commission Credit.
E, Common Area Factor(CAF). The Common Area Factor(CAF)is a conversion factor determined by the Builffog owner and applied by the owner
to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount of
rentable SF and ABOA SF,divided by the ABOA SF, For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15%,((11,500 RSF-
10,000 AOA SF)/10,000 ABOA SF]. For the purposes of this Lease,the CAF shall be determined in accordance with the applicable ANSI!
BOMA standard for the type of space to which the CAF shall appy.
F ggnjMgL Contract and contractor means Lease and Lessor,respectively,
G. PAys. All references today`or`days'in this Lease shall mean calendar days,unless speed otherwisoc
H. E6BL(I&AR. AN references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 46 CFR Chapter 1, All
references to the GSAR shalt be understood to mean the GSA supplement to the FAR,codified at 40 CFR Chapter 5,
I. Finn Ta N Firm Term. The Firm Tenn is that part of the Lease term that is not subject to ter6nation rights, The Non-Firm Tenn is that part
of the Lease term following the and at the Finn Term
J Lease Term ComirilfloMlInt Date, The Lease Term Commencement Date means the date on which the lease term commences
K /,ease A rd Q&e The Lease Award Date means the date of execution of the Lease by the LCO and the mailing or otherwise fumtshing written
notification of the executed Lease to the successful Offeror(and on which theparties'obligations under the Lease begin),.
L remiss The Promises am defined as the total Office Area or other type of Space,together with all associated common areas,described in
Section 1 of this Lease,and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights under this
Lease are not Included in the Premises
M, E!Eggg-tV The Property is defrned as the land and Buildings In which the Premises are located,including alt Appurtenant Areas(e.g.,partying
areas)to which the Government is granted rights,
8e6labfe SDaoe or Rentable Square Feet f SFI. Rentable Space is the area for which a tenant is charged rent It is determined by the Building
owner and may vary by city or by building within the same city. The Rentable Space may include a share of Building support/common areas
such as elevator lobbies,Building comdors,and flow service areas. Floor service areas typically include res s,janitor rooms,telephone
closets,L4ecbwal closets,and mechanical rooms The Rentable Space does not include vertical building penetrations and their enclosing walls,
such as stairs,elevator shafts,,and vertical ducts. Rentable Square Feet is calculated using the following formula for each type of S (e. .,
office,warehouse.,etc.)Included in Ohs Premises: ABOA SF of Spa x(1+CAF)=RSF,
O. a e. The Space shall refer to that part of the Promises to which the Government has exclusive use,such as Office Area,or other type of
Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
P Qfj0,AIqa, For the purposes this Lease,Space shall be measured in accordance with the standard(265.1-1996)provided by American
National Standards InstitudelBuilding Owners and Managers Association(ANSI O )for Office Area,which means*the area whom a tenant
normally houses personnel and/or furniture,for which a measurement Is to be computed.' References to ABOA mean ANSI OMA Office Area.
Q. Wg&ing DBMS. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012)
The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters reirding to this Lease. No other
persons shalt be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly
LEASE NO. S-10 7482,PAGE 4 LESSOR:-GOVERNMENT. GSA FORM L202(061181
19
Page 48 of 266
Kodiak i r r(KFRC) Lease ExtensionDisc...
AGENDA ITEM #2.b.
20
delegated by notice to the other party,or to the extent that such authority is transferred by succession of interest The Government shall have the right
to substitute its Lease Contracting Officer(LCO)by notice,without an express delegation by the prior LCO
2,03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013)
A. The Government may request ft Lessor to provide alterations during the to of the Lease Alterations will be ordered by Issuance of a
Lease Amendment,GSA Form 30G,Order for Supplies or SerAces.or,when specifically authorized to do so by the LCO,a tenant agency-approved
form.The GSAM clause,552-270-31,Prompt Payment,including Its invoice requirements,shall apply to orders for alterations All orders are subject
to the terms and conditions of this Lease and may be placed by the LCO ora wan-anted contracting offiecer's representative(COR)in GSA or the
tenant agency when specifically authorized to do so by the Lease Contracting Officer,subject to the threshold limitation below
B. Orders for alterations issued by an authorized COR are limited to no more than$150,000(LCOS are not subject to this threshold) This
threshold will change according to future adjustments of the simplified acquisition threshold(see FAR 2 10t) The LCO will provide the Lessor with a
list of tenant agency offidals authorized to place orders and will specify any limitations an the authority delegated to tenant agency officials, The
tenant agency officials are not authorized to deal with the Lessor on any other matters.
C Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the
tenant agency placing the arder.
0. Refer to Exhibit E far the Replacement and Renewal Reserve List.
2.04 WAIVER OF RESTORATION(APR 2011)
The Lessor shall have no right to require the Government to restare the Premises upon termination of the Lease,and waives all claims against the
Government for waste,damages,or restoration arising from or related to(a)the Govemment's normal and customary use at the Premises during the
to of the Lease(Including any extensions Iftereol'),as well as(b)any initial or subsequent alteration to the Premises regardless of whether such
alterations are performed by the Lessor or by the Government At its sole option,the Government may abandon property In the Space following
expiration of the Lease,in which rase the property will become the property of the Lessor and the Government will be relieved of any liability in
connection therewith
2.05 CHANGE OF OWNERSHIP(APR 2015)
A. If during the to of the Lease file to the Property is transferred,the Lease is assigned,or the Lessor changes its legal name,the Lessor
and its successor shall comply with the requirements of FAR Subpart 42:12: If lids is trandeffed,the Lessor shat nolify,the Gave mm within five
days of the transfer of fille,
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal some, and the
Government's and the Lessor's respective rights and obligations remain unaffected. A sample form is found at FAR 42.1205.
C If Lida to the Property is transferred,or the Lease is assigned,the Government, the original Lessor(Transforar),and then owner or
assignee(Transferee)shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the
Transferee, When executed on behalf of the Government.a Novation Agreement will be made part of the Lease via Lease Amendment.
D In addition to addocuments required by FAR 42,1204,the LCO may request additional Information(e.g.,copy of the deed, bit of sale,
cerfificate of merger,contract,court decree, articles of Incorporation, operation agreement partnership certificate of good standing,etc,)from the
Transferor or Transferee to verify the partiesrepresentations regarding the transfer,and to determine whether the transfer of Me Lease is in the
Govermiment's Interest.
E, It the LCO determines that recognizing the Transferee as the Lessor will not be In the Government's interest the Transferor shall remain
fully liable to the Government for the Transferee's performance of obligations under the Lanza,notwithstanding the transfer, Under no condition shall
the Government be obligated to release the Transferor of obligations prior to(a)the rent commencement date;and(b)any amounts due and crmng to
the Government under the Lease have been paid in full or completely met off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent,the Transferee must register in the System for Award
Management(SAM) (See FAR 52.232-33), and complete and sign GSA Form 3518-SAM, Addendum to System for Award Management(SAM)
Representations and Certifications(Acquisitions of Leasehold Interests in Real Property)
G. It title to the Property in transferred,or the Lease is assigned,rent shall continue to accrue,subject to the Govemment's right%as provided
for In this Lease. However,the Governments obligation to pay rent to the Transferee shall be suspended until the Government has received all
Information reasonably required by the LCO under sub-paragraph 0,the Government has determined that recognizing the Transferee as the Lessor is
In the Government's interest(which determination will be prompt and not unreasonably withhold),and the Transferee has met all conditions!specified
in sub-paragraph F So to as any delays In affecting the recognition of Transferee as Lessor are not the responsibility of the GovernmeriL no
interest shall accrue on suspended rent.
2.06 ADJUSTMENT FOR VACANT PREMISES(SEP 2013)
A. If the Government falls to accupy any portion of the leased Premises or vacates the Premises in whole or in part prior to expiration of the
to of the Lease,the rental rate and the base for operating cost adjustments vAN be reduced.
LEASE NO. -10 07482,PAGE 5 LESSOR:-GOVERNMENT. GSA FORM L202(05115)
20
Page 49 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
21
a If no rate reduction has been established in this Lease,the rate will be reduced by that portion of the costs per ABOA SF of operating
expenses not required to maintain the Space. Said red shall occur after the Government gives 30 calendar days'prior notice to the Lessor and
shall continue la effect until the Government occupies the vacant Promises or the Leese expires or Is terminated.
2.07 OPERATING COSTS ADJUSTMENT(JUN 2012)
A. The Operating Cost Base will be the same for the first three(3)years of the lease, subject to paragraph 0.The costs are costs for
cleaning services,supplies,material,maintenance,trash removal,landscaping,elevators,water,sewer charges,heating,air conditioning,electricity
and insurance(ha rd,liability,etc.)which are attributable to occupancy
B. Each year the Lessor it required to submit to GSA the GSA Form 1217 reflecting the Operating Costs for the year no later than December
31'. The parties will schedule a meeting within 30 days after the submission of the Operating Costs to reconcile and ac!�ejt the GSA Form 1217 by
Lease Amendment. The address to submit the GSA Form 1217 is Leasing Division,Attn:Leasing Branch Chief,400 SW 15 St,Auburn,WA 900011.
C The Operating Costs are a pass-through. The lease is divided Into a series of adjustment periods beginning with a three year followed
by three(5)year and a two year adjustment period, Subject to paragraph D,the Operating Cost Base will remain the same for the first adjustment
period
The Operating Costs(from the officially accepted GSA Form 1217's)from the first period will be averaged. (X=Total Operating
Cosisladjustment period length)
At the and of the first three year adjustment period.the difference between the average Operating Costs and the annual Operating Cost Base Val be
divided by the next adjustment length to determine the vadanre, (Yz(Operating Costs average—annual Operating Cost BaseyNext
adjustment length)
The vadance plus the average of the Operating Costs equals the New Operating Cost Base,(X+Y m New Operating Cost Base)
The same process will continue for the next adjustment periods(years 9-13 and 14-18 and 19-20),Years 19 and 20 will result in a difference that will
bepaid lump sum bythe owm9party All Operating Cost Base changes will be made by Lease Amendment with the effective date at the start of
each adjustment period An example of the process follows below
Example
Operating Cost- Actual-1217 Base Variance
1/1/2016-12/31/2016 $505,000 $ 500,ODO $5,000
1/1/2017-12/31/2017 S505,0130 $ 5W,0D0 $5,00D
1/1/2018-12/3 2016 $511,DDO $ 5D0,0D0 $11,00D
Totals $1,521,DDO $1,500,ODO $21,0D0
Average(total/3) $507,000
Annual recoup amount(total
variance/5 years) $4,200
New base(effective 1/1/2019) $511,200
Operating Cost: Actual-1217 Base Variance
1/1/2019-1 31 019 $512,WD $ 511,200 $800
1/1/2020-12/31/2020 $530,000 S 511,2DO $18,800
1/1/2021-12/31/2021 $518,000 $ 511,200 $6,8W
1/1/2022-12/31/2022 $522,000 $ 511,200 $10,800
1/1/2023-12/31/2023 $530,000 $ 511,200 $18,800
Totals $2,612,000 $2,556,ODD $56,ODO
Average(total/3) $522,400
Annual recoup amount(total
variance/5 years) $11,200
New base(effective I/1/2024) $533,600
LEASE NO.GS-IOP4-AK07482.PAGE 6 LESSOR:—GOVERNMENT. GSA FORM L202(06116)
21
Page 50 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension is ...
AGENDA ITEM #2.b.
22
0. If the Operating Costs Increase or decrease by more than 25%cumulatW wWiin an adjustment period,the difference will be reimbursed or
credited at 0%interest and adjusted by negotiation and Lease Amendment with an offeefive date of January 1st follovAng submission of the GSA Form
1217
E. Adjustment Pedws.
Adjustment YR 1 1/1/2016-12/31/2016
Period I YR 2 1/1/2017-12/31/2017
VR 3 1/1/2018-12/31/2018
YR4 1/1/2019-12/31/2019
Adjustment YRS 1/1/2020-12/31/2020
Firm Period 2 YR 6 1/1/2021-12/31/2021
Term YR7 1/1/2022-12/31/2022
YR 8 1/1/2023-12/31/2023
YR9 1/1/2024-12/31/2024
YR
Adjustment 10 1/112025-12/31/2025
Period 3 YR 11 1/1/2026-12/31/2026
YR 12 1/1/2027-12/31/2027
YR 13 1/1/2028-12/31/2028
YR 14 1/1/2029-12/31/2029
djustment YR 15 1/1/2030-12/31/2030
A
Non-Firm Period 4 YR 16 1/1/2031-12/31/2031
Term YR 17 1/1/2032-12/31/2032
YR 18 1/1/2033-12/31/2033
Adjustment YR 19 1/1/2034-12/31/2034
Period 5 1/2035
LEASE NO. 40 07402,PAGE 7 LESSOR--GOVERNMENT, GSA FORM L202(06115)
22
Page 51 oft
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
23
SECTION 3 CONSTRUCTION STANDARDS AND SHELLC T
3.01 WORK PERFORMANCE(JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO The LCO may reject the
Lessor's workers 1)if such are unlicensed, unskilled, or otherwise Incompetent, or 2)If such have demonstrated a history of either untimely or
otherwise unacceptable performance in connection with work carried out In conjunction with either this contract or other government or private
contract%,
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013)
A. The Lessor shall comply to the extent feasible with the Resource Conservation and Recovery Act( CRA),Section 8002, 1978. The Lessor
shall use recycled content products as Indicated In this Lease and as designated by the U.S. Environmental Prat bon Age (EPA) In the
Comprehensive Procurement Guidelines(CPG),40 CFR Part 247,and its accompanying Recovered Materials Advisory Notice( N), The CPG
lists the designated recycled content products, EPA also provides recommended levels of recycled content for these products, The list of designated
pfoductC EPA's recommendations,and lists of manufacturers and suppliers of the products can be found at hgp:l .ena.gavlc
B. The Lessor,if unable to comply with both the CPG and RMAN lists,shall submit a Request for Waiver for each material to the LCO with the Tl
pricing submittal. The request for waiver shall be based on the following crileda;
1. The cost of the recommended product is unreasonable.
2, Inadequate competition exists.
3. Items are not available within a reasonable period.
4. Items do not meet Lease performance standards.
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS D MATERIALS(SEP 2013)
A, The Lessor shall use environmentally preferable products and materials. The Lessor is encouraged to consider the lifecycle analysis of the
product in addition to the initial cost.
B° Refer to EPA`s environmentally preferable purchasing Web she, www.epo govlepp and USDA Blo-Preferred products Web site
www.biopreforred.gov. In general,environmentally preferable producU and materials do one or more of the following:
1. Contain recycled material„ aro bio-based, are rapidly renewable (10-year or shorter growth cycle), or have other positive
environmental attributes,
2. Minimize the consumption of resources,energy,and water.
3, Prevent the creation of solid waste,air pollution,or water pollution.
4. Promote the use of nontoxic substances and avoid toxic materials or processes.
C The Lessor is encouraged to use products that are extracted and manufactured regionally
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012)
A° Items and materials existing in the Premises,or to be removed from the Premises during the demolition phase,are eligible for reuse In the
constriction phase of the project The reuse of items and materials is preferable to recycling them;however.items considered far reuse shall be in re-
furbished condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality standards,the
Lessor is responsible to confirm that the quality of the item(s)in question shall meet or exceed accepted Industry or trade standards for first quality
commercial grade applications
B. The Lessor shall submit a cause plan to the LCO. The Government will not pay for existing fixtures and other Tls accepted in place. However,
the Government will reimburse the Lessor,as pan of the TIA,the costs to repair or improve such fixtures or improvements identified on the reuse plan
and approved by the LCO.
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012)
A. Recycling construction waste is mandatory for initial space alterations for Tis and subsequent alterations under the Lease,when available in
Kodiak,AK.
. Recycling construction wastem ns providing all services necessary to furnish construction materials or wastes to organizations which will
employ these materials or wastes in the production of new materials. Recycling Includes required labor and equipment necessary to separate
individual materials from the assemblies of which they form a part.
C. SUBMITTAL REQUIREMENT: Prior to construction commencement,a proposed plan(allowing industry standards to recycle construction
waste. The construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged
(at least 50 percent)from construction,demolition,and packaging debris. Wnere the small quantity of material,the extraordinarily complex nature of
LEASE NO. GS-I0 07462,PAGE I LESSOR. GOVERNMENT. GSA FORM L202(06116)
23
Page 5o
Kodiak Fisheries Research Center(KFRC) Lease sion fisc...
AGENDA ITEM #2.b.
24
the waste disposal method,or prohibitive expense for recycling would represent a genuine hardship,the Government upon written request of the
Lessor and approval of the LCO,may permit altemative means of disposal.
D. The Lessor shall recycle the following items during both the demolition and construction phases of the project,subject to economic evaluation
and feasibility:
1. Coiling grid and file
1 Light fixtures,Including proper disposal of any transformers,ballasts,and fluorescent light bulbs
3. Duct work and HVAC equipment
41. Wiring and electrical equipment
S. Aluminum and/or steel doom and frames
B. Hardware
7 Drywall
8. Steel studs
9. Carpet carpet barking,and carpet padding
10. Wood
11, Insulation
12. Cardboard packaging
13. Pallets
14. Window&and glazing materials
15. All miscellaneous metals(as In steel support frames for filing equipment)
I& All other finish and construction materials.
E. If any waste materials encountered during ft demolition or construction phase are found to contain lead,asbestos,polychlorinated biphenyls
(PCBs)(such as fluorescent lamp ballasts),or other harmful substances,they shall be handled and removed in accordance with Federal and state
laws and requirements concerning hazardous waste.
F. In addition to providing'one time removal and recycling of large scale demolition items such as carpeting or drywall,the Lessor shall provide
continuous facilities for the recycling of incidental construction waste during the Initial construction.
G. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the LCO, Records shall include
materials recycled at land-filled,quantity,date,and Identification of hazardous wastes.
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013)
A. The Building Shell shall bed igned,constructed,and maintained in accordance with the standards set forth herein and completed prior to
acceptance of Space. For pricing.fulfilment of all requirements not specifically designated as Tis.Building Specific Amortized Capital,Operating
Costs,or other rent components as indicated shall be deemed Included in the Shell Rent.
a Base structure and Building enclosure components shall be complete A common areas accessible by the Government,such as lobbies,fire
egress comdors and stairwells,elevators,garages,and service areas,shall be complete. Restrooms.shag be complete and operational. All newly
installed Building shall components,Including but not limited to heating,ventilation,and air conditioning(HVAC),electrical,ceilings,sprinklers,etc.,
shall be furnished,installed,and coordinated with Tis Circulation corridors are provided as part of the base Building only an multi-tenanted floors
where the cmidor is common to more than one tenant On single tenant Roars,only the fire egress coryidor(s)necessary to meet code Is provided as
part of the shell.
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECTIENGINEER(SUCCEEDING)(APR 2011)
The Lessor shall be responsible for the professional quality,technical accuracy,end the coordination of all designs,drawings,specifications,and other
services furnished by the Lessor under this contract- The Lessor out additional compensabon,correct or revise any errors or deficiencies in
its designs,drawings,specirkAhorts,or other services. Except for errors or deficiencies in existing designs,drawings or specifications,if the Inconed
drawings for the GovernmenCs requested alterations was bid with missing requirements and the Government affirms then for thea i` al Rams,
the Government is responsible to pay the fair cost of the items. Any cost that is Increased due toerrors by the Leasom!architect,such as having to
demolish something just built,will be the Les som'responsibility The Government pnorto any bids,will have the opportunity to review and approve
design intent drawings,construction drawings,and specifications with a 30 day review period
3A8 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011)
During the 15fe of the Lease the Building shall project a professional and aesthetically pleasing appearance including an attractive front and entrance
way The facade,downspouts,roof trim,and window casing shall be dean and ling condition
3.09 VESTIBULES(SUCCEEDING)(APR 2011)
A. Existing vestibules shall remain In place at public entrances and exits wherever weather conditions and host loss are important factors for
consideration. In the event of negative air pressure conditions,provisions shall be made for equalizing air pressure,
B Existing grilles and grates shall remain in place to control dirt and particulates fircim entering the Building at all primary exterior en"ys,
3.10 MEANS OF EGRESS IMAY 20151
LEASE NO.GS-110134LAK07482,PAGE 9 LESSOR:-GOVERNMENT: GSA FORM L202(051115)
24
Page 53 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
2S
A, Prior to occupancy, the Promises and any parking garage areas shall meet or will be upgraded to meet, either the applicable egress
requirements in the National Fire Protection Association,Life Safety Code(NFPA 101),or the International Code Councd,International Building Code
(IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed
acceptable by the Government.
B° The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy
C. Interlocking orscissor stairs located an the floor(s)where Space is located shall only count as one exit stair
D. A fire escape located on the floor(s)where Space is located shall not be counted as an approved a)dt stair,
E. Doom shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC.
3.11 AUTOMATIC FIRE SPRINKLE SYS (SEP 2013)
X Any portion of the Space located rade,including parking garage areas,and all areas in a Building referred to as'hazardous areas"
(defined in National Fire Protection Association(NFPA)101)that are located within the entire Building(including non-Govement areas)shall be
protected by an automatic fire sprinkler system or an equivalent level of safety,
B. For Buildings in whlch any portion of the Spare Is on or above the sixth floor,then,at a minimum,the Building up to and Including the highest
floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sbdh floor,and lease of the Space will result,either individually or in
combination with other Government Leases In the Building,In the Government leasing 35,000 or mom ANSIA30MA Office Area SF of Space in the
Building,then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D° Autamak fire sprinkler system(s)shall be installed in accordance with the requirements of NFPA 13,Standard for the Installation of Sprinkler
Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler cyst (s)shall be maintained in accordance with the requirements of NFPA 25,Standard for the Inspection,Testing,
and Maintenance of Water-based Fire Protection Systems(current as of the Lease Award Date).
F. "Equivalent level of safety"means an alternative design or system(which may include automatic fire sprinkler systems), based upon Fre
protection engineering analysis,which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.12 FIRE ALARM SYS (SEP 2013)
A A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space Is located on the 3"floor or
higher,
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72,National Fire Mann and Signaling Code that was
in effect on the actual date of Installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72,National Fire Alarm and Signaling Code
(current as of the Lease Award Date),
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means:directly to the local fire
department,to the(911)public communications center,to a central station,to a romate supervising station,or to a proprietary supervising stabon.
E. If the Building's Fire alarm controlunit is over 25 years rid as of the date of award of this Lease,Lessor shall install a new fire alarm
system In accordance the requirements of NFPA 72,National Fire Alarm and Signaling Code(current as of the Lease Award Dale),prior to
Government acceptance and occupancy of the Space.
3.13 ENERGY INDEPENDENCE AND SECT ACT(DEC 20111
A. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases In Buildings that have not
earned the ENERGY STARS Label conferred by the Environmental Protection Agency(EPA)within one year prior to the due date for final proposal
revisions(Wast meant year).
B° If this Lease was awarded under any of EI 's Section 135 statutory exceptions,the Lessor shall either
t Earn the ENERGY STARS Label prior to acceptance of the 5 (or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2. Complete energy efficiency and conservation Improvements I any,agreed to by Lessor in lieu of earning the ENERGY STARS Label prior to
acceptance the 5 (or not later than one year after the Lease Award tate of a succeeding or superseding Lease),
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STARS label for the most recent year(as defined above)due to insufficient occupancy,but was able to demonstrate
LEASE NO.G840P4AK07482,PAGE 10 LESSOR: GOVERNMENT- GSA FORM L202(05116)
25
Page 54 of 266
Kodiak i riResearch Center FExtension i ...
AGENDA ITEM #2.b.
26
sufficient evidence of capability to earn the ENERGY STAR O label,then Lessor must earn the ENERGY STAR M label within 18 months after
occupancy by the Government
D.The Government agrees the recently complated HVAC modifications Is the intent of 3.1382
3.14 ELEVATORS(SEP 2013)
A. The Lessor shall provide suitable passenger and,when required by the Government freight elevator service to any of the Premises not having
ground level access. Service shall be available during the normal hours of operation specified in the in this Lease. However,one passenger and,
when required by the Government one freight elevator shall be available at all bones for Government use. When a freight elevator Is required by the
GovemmonL it shall be accessible to the loading areas. When possible,the Government shall be given 24-hour advance notice it the service Is to be
interrupted form than 1-112 hours. Normal service interruption shall he scheduled outside of the Government's no al working hours, The Lessor
shall also use best efforts to minimize the frequency and duration of unscheduled interruptions.
B, §qg& Elevators shall conform to the current requirements of the American Sudety of Mechanical Engineers AS A17,1/CSA 844,Safety
Code for Elevators and Escalators(current as of the Lease Award Date). Elevators shall be provided with Phase I emergency recall operation and
Phase 11 emergency in-car operation in accordance with ASME A17.IICSA B44 Fire alarm initialing devices(e,g,,smoke detectors)used to Initiale
Phase I emergency recall operation shall be Installed Inaccordance with the requirements of NFPA 72,National Fire Alarm and Signaling Code, The
elevators shall be inspected and maintained in accordance with the current edition of this ASME A17.2,Inspector's Manual for Elevators Except for
the reference to ASME A17,1 In ABAAS.Section F105.12.all elevators must meet ABAAS requirements for accessibility In Sections 407,408,and
409 of ABAAS.
C. 5arfely$yalems: Elevators shall be equipped with telephones or other two-way emergency communication systems The system used shad'
be marked and shall reach an emergency communication location staffed 24 hours per day,7 days per week.
13. : The passenger elevators shall have a capacity to transport in 5 minutes 15 percent of the normal population of all upper floors(based
an ISO SF per person). Further,the dispatch interval between elevators during the up-peak demand penod shall not exceed 35 seconds,
E IntsElgir Finishes Elevator cab walls shall be hardwood,marble,granite,or an equivalent pre-approved by the LCO Elevator cab floors shalt
be marble,granite,terrazzo,or an equivalent pre-approved by the LCO
3.15 DEMOLITION JJUN 2012)
The Lessor shall remove existing abandoned electric,telephone,and data cabling and devices,as well as any other Improvements or fixtures in place
to accommodate the Government's requirements, Any demolition of existing Improvements that is necessary to satisfy the Government's layout shall
be done at the Lassoes expense
3.16 ACCESSIBILITY(FEB 2007)
The Building,leased Space,and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard(A S),Appendices C and D to 36 CFR Part 1191(ABA Chapters I and 2.and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent shall appFy
3.17 CEILINGS(APR 2015)
A complete acoustical ceiling system (which includes grid and lay4n files or other Building standard ceiling system as approved by the LCO)
throughout the Space and Premises shall be required The acoustical ceiling system shall be furnished,Installed,and coordinated with Tls.
A. Ceilings shall be at a minimum 9 feet and 0 inches and no more than 12 feet and 0 inches measured from floor to the lowest obstruction,
Areas with raised flooring shall maintain the ill -height limitations above the finished raised flooring, Bulkheads and hanging or surface mounted
light fixtures which impede traffic ways shall avoided Ceilings shall be uniform in or and appearance throughout the Spare.with no obvious
damage to files or grid.
B. Prior to dosing the ceiling,the Lessor shall coordinate with the Government for the Installation of any items above the ceiling.
C. Should the ceiling be installed in the Space prior to construction of the Tie,then the Lessor shall be responsible for all to in regard to the
disassembly,storage during construction.and subsequent re-assembly of any of the ceiling components which may be required to complete the Tis.
The Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the construction of the Tis.
D Ceilings shall be a Pat plane in each mom and shall be suspended and finished as(dims unless an alternate equivalent is pre-approved by
the LCO:
I Res s. Plastered or speckled and to gypsum board.
2. Offices and conference wormi Mineral and acoustical the or lay in panels with textured or patterned surface and regular edges or
an equivalent pire-approved by the LCO. Toles or panels shall contain a minimum of 30%recycled content.
3 Corridors and eating(galley areas Plastered ors ckl and to gypsum board or mineral acoustical tile
LEASE NO.G840 07482,PAGE 11 LESSOR.-GOVERNMENT: GSA FORM L202(06115)
26
Page 55 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
27
11111 EXTERIOR AND COMMON AREA DOORS AND HARD(SEP 2013)
A. Exterior Building doom and doors necessary to the lobbies,common areas,and core areas shall be requ,red. This does not include suite
entry or interior doors specific to Tis,
B. Exterior doors shall be weather light and shall open outward Hinges,pivats,and pins shall be installed in a manner which prevents removal
when the door Is dozed and locked. These doom shall have a minimum dear opening of 32'dear wide x 80"high(per lean Doom shall be heavy
duty,flush,(1)hallow steel construction,(2)solid core wood.or(3)Insulated tampered glass. As a minimum requirement hallow steel doom shall be
fully insulated,flush,#16-gauge hollow steel. Sold-com wood doors and hollow steel doors shall be at least 1-3/4 inches thick, Door assemblies shall
be of durable finish and shall have an aesthetically pleasing appearance acceptable to the LCO. The opening dimensions and operations shall
conform to the goveming building,fire safety,accessibility,and energy codes and/or requirements Fire door assemblies shall be listed and labeled.
Labels on fire door assemblies shall be maintained in a legible condition. Fired oor assemblies and their accompanying hardware,including frames
and closing devices shall be installed in accordance with the requirements at NFPA 80,Standard for Fire Doom and Other Opening Protectives.
C. Exterior doors and all common area doors shall have door handles or door pulls with heavyweight hinges. All doom shall have
corresponding doorstops(wall or near mounted)and silencers. All public use doom and restroorn doors shall be equipped with kick plates, All doom
shall have automatic door closers. All Building exterior doors shall have locking devices Installed to reasonably dater unauthorized entry.
3.19 DOORS,. IDENTIFICATION(APR 2011)
Aill Vgnage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor,
3.20 WINDOWS(SUCCEEDING)(SEPT 20111
All windows shall he weather Light, Operable windows that open shall he equipped with locks. Off-street.ground4evel windows and those accessible
from fire escapes,adjacent rods,and others res that can be opened must be fitted with a sturdy locking device. Windows accessible from fire
escapes must be rearlu4 operable from the inside of the Building,
3.21 PART17IONS: GENERAL(APR 2015)
Partitions in public areas shall be marble,granite,hardwood,or drywall covered with durable wall covering or high performance costing,or equivalent
pre-approved by the LCO, Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs.
3,22 PARTITIONS: PERMANENT(APR 16)
Permanent partitions shall extend from the structural floor slab to the structural coiling slab. They shall be provided by the Lessor as part of shell rent
as necessary to surround the Space,stairs,comdors,elevator shafts,res s,all columns,and janitor closets. They shall have a flame spread
rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84). Stairs,elevators,and other floor openings shall be enclosed by
partitions and shall have the Nee resistance required by the applicable building code,fire code and ordinances adopted by the jurisdiction in which the
Building is located (such as the International Building Code.etc.)current as of the Lease Award Date. Newly Installed gypsum board material must
be Greariguard Gold Certified or have 0 grams per liter of VOCs.
3.23 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 20131
A All insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations.
B. No insulation installed with this project shall be material manufactured using chlorofluorocarbons(CFCs), nor shall CFCs be used in the
installation of the product,
C All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
D Insulating properties for all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society
for Testing and Materials(ASTM)C578 91
E All insulation shall be low emitting with not greater than.OS ppm formaldehyde emissions.
F The maximum flame spread and smoke developed Index for insulation shall most the requirements of the applicable beat codes and
ordinances(current as of the Lease Award Date)adopted by the jurisdiction In which the Building is located.
3.24 WALL FINISHES—SHELL(SUCCEEDING)(JUN 2012)
A. All restroorns within the Building common areas of Govemens-accupled floors shall have i)ceramic 111e,recycled glass file,or comparable
wainscot from the finished floor to a minimum height of 4`-6®and 2)semi-glass paint an remaining wall areas, or other finish approved by the
Govemment.
B.All elevator areas that access the Space and hallways accessing the Spare shall be coveredwith wall coverings not less than 20 ounces per
square yard,high performance paint,or an equivalent-
C.Wallab shall consist of water resistant wall base and coverings.
LEASE NO. -10 07402,PAGE 12 LESSOR-—GOVERNMIENT- GSA FORM L202(051151
27
Page 56 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
28
3.25 PAINTING-SHELL(JUN 2012)
A. The Lessor shall bear the expense for all painting associated with the Building shell. These areas shall include all common areas. Exterior
perimeter walls and Interior care walls within the Space shall be speckled and prime painted with low volatile organic compounds(VOC)primer If any
Building shell areas are already painted prior to Tie,then the Lessor shall repaint,at the Lessees expense,as necessary during Tis.
B. The costs for cyclical painting requirements as outlined in Section 6 shall be included In the shell rent,
3.26 FLOORS AND FLOOR LOAD(APR 20161
A. All adjoining floor areas shall be of a common level not varying mote than 114 inch over a 1 horizontal run in accordance with the
American Con Institute standards,non-slip,and acceptable to the LCO.
B. Under-floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA SF plus
20 pounds per ABOA SF for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ABOA SF,including
moveable partitions. Lessor may be required to provide a report by a registered structural engineer showing the floor load capacity.at the Lassoes
expense. Calculations and structural drawings may also be required.
3.27 FLOOR COVERING AND PERIMETERS—SHELL(SUCCEEDING)(JUN 2012)
A- All Building common areas shall have finished floors,as currently provided.
B, The is for cyclical carpet replacement requirements as outlined In Section 6 shall be included in the shell rent unless otherwise Identified in
Section 6.
3.213 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 20111
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications,manuals,and standard
procedures. Mains,lines,and meters for utilities shall be provided by the Lessor Exposed ducts,piping,and conduits are not permitted in off-ice
Space.
3.29 ELECTRICAL(JUN 2012)
A. The Lessor shall be responsible for meeting the applicsWe requirements off codes and ordinances, When codes conflict, the more
stringent standard shall apply, Main service facilities shall be encloped. The enclosure may not be used for storage or other purposes and shall have
door(s)fifled with an automatic deadlocking Patch Isoft with a minimum throw of 112 Inch Main distribution for standard ofte occupancy shall be
provided at the Lessees expense. All floors shall have 112012011 V,3-phase,4-wire with bond,60 haft electric service available In no event shall
such power distribullon(not including lighting and HVAC)for the Space fall below 4 watts per ABOA SF
8 Main power distribution switchboards and distribution and lighting panel boards shall bedrcuit breaker type with copper buses that are
properly rated to provide the calculated fault circuits. All power distribution panel boards shall be supplied with separate equipment ground buses. All
power distribution equipment shall be required to handle the actual specified and projected loads and 10 percent spare load capacity Distribution
panels are requited to accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be equivalent to the
majority of other circuit breakers in the panel system. Fuses and circuit breakers shall be plainly marked or labeled to Identify circuits or equipment
supplied through them. Government accepts the electrical panels as-is concerning spare load knowing they may not all have extra capacity,
C Convenience outlets shall be Installed in accordance with NFPA Standard 70, National Electrical Code.orfocal code,whichever is more
stringent. The Lessor shall provide duplex utility outlets in res s,corridors,and dispensing areas,
3.30 DRINKING FOUNTAINS(APR 2011)
On each floor of Govemment-o=upled Space,the Lessor shall Provide a minimum of two drinking fountains with chilled potable water within 200 feet
of travel famn any Government-occupled area on the floor, The fountains shall comply with Section F211 of the Architectural Barriers Act Accessibility
Standard.
3.31 RESTROOMS(SEP 20131
A. If this Lease Is satisfied by new construction or major alterations,Lessor shall provide water closets,sinks and urinals on each floor that is
partially or fully occupkul by the government per the Following schedule, The schedule is per Raw and based on a density of one person for each
135 ABOA SF of office Space,allocated as 50%women and 50%men. If major alterations to the res ms occur during the term of this Lease,
the number of fodures must meet the schedule as part of the major alterations,
—_R_
ESTIMATED TOTAL (WOMEN-51 OMEWS) (MEN'.9) IMEN-S) _jMEN'Sl
NUMBER OF WATER SINKS WATER URINALS SINKS
PEOPLE PER CLOSETS CLOSETS
FLOOR
i to To 2
9 to 1 24 3 2 2 1 1
25-1 to _F36 3 2 2 1 2
LEASE NO.GS-101-LAK07462,PAGE 13 LESSOR"—GOVERNMENT- GSA FORM L202(061116)
28
Page 57 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
29
37 to 56 5 3 3 2
57 to 75 6 4 4 2
7T—
to 96 6 5 4 2 3
7 to 1 119 7 5 5 2 3
—20 1134 9 —5 -6 3 4
Above 135 3140 1124 1120 1140 1130
B. if no now construction or major renovation of a restroom is occurring.cGmpitance with local code is sufficient,Separate restroom facilities for
men and women shall be provided In accordance with local code or ordinances,on each floor occupied by the Government in the Building. The
facilities shall be located so that employees will not be required to vel more than 200 feet,on one floor to reach the restrooms.. Each restroom shell
have sufficient water closets enclosed with modem stall partitions and doors, urinals(in men's ),and hat(set in accordance with applicable
building es)and cold water Water closets and urinals shall not be visible when the exterior dam Is open.
C. Each main festroorn shall contain the following:
1. A miffor and shelf above the lavatory,
2. A toilet paper dispenser in each water closet stall that will hold at least two rolls and allow easy,unrestricted dispensing.
3. A cost hook an the Inside face of the door to each water closet stall and on several wall locations by the lavatories.
4. At least one modem paper towel dispenser,soap dispenser.and waste receptacle for every two lavatories.
S. A coin-operated sanitary napkin dispenser in men's restroorns with a waste receptacle in each water doset stall.
6. A disposable toilet seat cover dispenser,
7. A counter area of at least 2 feet,0 inches in length,exclusive of the lavatories(however,it may be attached to the lavatories)with a rniffor
above and a ground-fault interrupter-typo convenience outlet iocated adjacent to the counter area, The counter should be installed to minknize pooling
or spilling of water at the front edge.
B. Afloordrain.
9. For new installations and major renovations,restroom partitions shall be made tram recovered materials as fisted in EPA's PG.
3.32 PLUMBING FIXTURES:WATER CONSERVATION IDEC 20111
For new installations and whenever plumbing fixtures are being replaced(replacement per floor is required prior to Lease commencement in alt
instances of nonconfoffnance where the Government occupies the full floor):
A. Water closets must conform to EPA WaterSense or fortunes with equivalent flush volumes must be utilized.
B. Urinals must conform to EPA WaterSonse or Fixtures with equivalent flush Mumas must be utilizedWated s urinals are acceptable.
C. Faucets must conform to EPA WaterSense or fixtures with equivalent flow rates must be utilized,.
Information on EPA WaterSense fixtures can be found at http,l ,e gov/watersensel
3,33 JANITOR CLOSETS(SUCCEEDING)(JUN 2012)
sting janitor closets shall meet all local codes and ordinances. Disposal is not permitted in res s.
3.34 HEATING VENTILATION AND AIR CONDITIONING–SHELL(SEP 20131
A. Central HVAC systems shall be Installed and operatioriall,Including,as appropriate,main and branch lines,VAV boxes,dampers,flex du
and diffusers,for an open office layout,including all Building common areas. The Lessor shall provide conditioned air through medium pressure duct
work at a rate of 75 cubic feet per minute per ABOA SF and systems shall be designed with sufficient systems city to meet all requirements In
this Lease.
Areas having excessive heat gain or heat loss,or affected by solar radiation at different times of the day,shall be independently controlled.
C. EgNi ent ftifMano Temperature control for office Spaces shall be provided by concealed central heating and air conditioning
equipment The equipment shall maintem Space temperature control over a range of internal load fluctuations of plus 0.5 WlSF to minus 1.5 W1SF
from initial design requirements of the tenanL
D.. DuRe-use and Cleanipg, Any ductwork to be reused and/or to remain in place shall be cleaned,tested,and demonstrated to be dean
in accordance the standards set forth by NADCA. The cleaning, testing. and demonstration shall occur immediately prior to Government
occupancy to avoid contamination from construction dust and other airborne particulates.
E. During working hours in periods of heating and coding,ventilation shall be provided in accordance the latest edition of American Society
of Heating,Refrigeration and Air-Conditioning Engineers(ASH E)Standard 62 1,Ventilation for Acceptable Indoor Air Quality,
F. Air fit tion shall be provided and maintained with Fitters having a minimum efficiency rating as determined by the latest edition of ASHRAE
Standard 52.2,Method of Testing General Ventilation Air Cleaning Devicas for Removal Ethdency by Particle Size. Pre-filters shall have a Minknum
Efficiency a rting Value( EV)efficiency of a. Final filters shall have a MV efficiency of 13.
G. Restroomis shall be property exhausted,with a minimum of 10 air changes per hour.
LEASE NO. -110P 07462,PAGE 14 LESSOR: GOVERNMENT: GSA FORM L20 (05115)
29
Page 58 of 266
Kodiak i r r(KFRQ Lease ExtensionDisc...
AGENDA ITEM #2.b.
30
3.36 TELECOMMUNICATIONS. DISTR171ON AND EQUIPMENT(SUCCEEDING)(SEPT 2011)
Telecommunications switch moms,vAre closets,and related spaces shall meet applicable NFPA standards. Bonding and grounding shall be in
accordance with NFPA Standard 70,National Electrical Code,and other applicable NFPA standards andfor local code requirements.
3.35 TELECOMMUNICATIONS- LOCAL EXCHANGE ACCESS(JUN 2012)
A, The Government may elect to contract its own telecommunications(voice,data.video,Internet or other emerging technologies)service in the
Space. The Government may contract with nine or more parties to have I-NS wiring (pr other transmission medium) and telecommunications
equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its
services to the Government's Space. If the existing Building wiring is Insufficient to handle the transmission requirements of the GovernmenCs
designated telecommunications providers,the Lessor shalt provide access from the point of entry Into the Building to the Governmerift floor Space,
subject to any inherent limitations In the pathway involved.
C. The Lessor shall all the Government's designated telecommunications providers to affix telecommunications antennas(high frequency,
mobile,microwave,satellite,or other emerging technologies),subject to weight and wind load conditions,to rod,parapet, or Building envelope as
required Access from the antennas to the Premises shall be provided
0. The Lessor shall allow the Government's designated tele communications providers to affix antennas and transmission devices Itimughout the
Space and in appropriate common areas frequented by the Government's employees to all the use of cellular telephones and communications
devices necessary to conduct business
3.37 LIGHTING- INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013)
NOTE,FOR PRICING ESTIMATING PURPOSES,FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF I FIXTURE PER 80 ABOA SP
A. INTERIOR FIXTURES.,High efficiency T-S,T-S,or LED light Wums(and associated ballasts or drivers)shall be installed as either ceiling grid
or pendant mounted for an open-office plan.Ceiling grid fixtures shall be either 2°wide by 4'long or 2'wide by 2'long. Lessor shall provide,as pan of
Shell Rent,a minimum overall lighting fixture efficiency of 85 percent. Lamps shag maintain a uniform color level throughout the lease term. Existing
lighting is Government's needs,
B. LIGHTING LEVELS.Fixtures shall have a minimum of two tubes and shall provide So foot-canifles at desktop level(30'above finished floor)
with a maximum uniformity ratio of 1,&11, Lessor shall provide,as part of Shell Rent, 10 average foot-candies in all other Building areas within the
Premises with a uniformity ratio of4 I Emergency egress lighting levels shall be provided in accacdencewith the local applicable building codes(but
not less than I foot-candle)by either an onsite emergency generator or fixture mounted battery packs.
C. POWER DENSITY:The maximum fixture power density shall not exceed 1.4 watts per ABOA SF.
D° DAYLIGHTING CONTROLS: It the Lease Is more than 10.000 ABOA SF.the Lessor shall provide daylight dimming controls in atriums or
within 15 feet of windows and skylights where daylight can contribute to energy savings. Daylight harvesting sensing and controls shall be either
integral to the fixtures or ceiling mounted and shall maintain required lighting levels in work spaces,
E OCCUPANCYIVACANCY SENSORS The Lessor shall provide calling mount occupancy sensors, or vacancy sensors (preferred), or
scheduling controls through the building automation system(SAS)throughout the Space In order to reduce the hours that the lights are on when a
particulars is unoccupied. No more than 1,00 square feet shall be controlled by any one sensor. Occupancy sensors In enclosed moms shall
continue to operate after the SAS has shutdown the building at the end of the wadday
F BUILDING PERIME TEW
1, Exterior parking areas,vehicle driveways.pedestrian walks,and the Building perimeter lighting levels shall be designed per Illuminating
Engineering Society(IES) standards, Provide 5 foot-candles for doorway areas, 3 foot-candies for transition areas and at least 5 foot-candies
throughout the parking lot.Parking lot tortures shall provide a maximum to minimum uniformity ratio at 10,1.
2 If the leased space Is 100 pencent occupied by Government tenants,all exterior parking lot fixture&shall be"Dark Sky'compliant with no
property line trespass.
G EXTERIOR POWER BACKUP:Exterior egress,walkway,parking lot,and parking structure lighting must have emergency power backup to
provide for safe evacuation of the Building.
3.38 ACOUSTICAL REQUIREMENTS(JUN 2012)
A. Reye iftration QgnJ!TA Private office and conference rooms using suspended acoustical ceilings shall have a noise reduction coefficient
(NRC)of not less than 0.65 in accordance with ASTM C-423. Open office using suspended acoustical ceilings shall have an NRC of not less than
0,75 Private affices,conference rows,and open offices using acoustical cloud oracoustiml wall panels with a minimum of 70%coverage shall have
an NRC.of not less than 0.85
B &Mbiept Noise Control. Ambient not from mechanical equipment shall note noise criteria curve(NC)35 in accordance with the
ASH RAE Handbook of Fundamentals in offices and conference moms;NC 40 in corridors,cafatenes,lobbies,and res s,NC So in other spaces.
LEASE NO.GS-IOP-LAX07482,PAGE 15 LESSOR:-GOVERNMENT- GSA FORM L202(05115)
30
Page 59 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
31
G, Noise lsotabog, Rooms separated from adjacent spaces by coding high partitions(not including doors)shall not be less than the following
noise isolation class(NIC)standards when tested in accordance with ASTM E-336:
Conference rcom& NIC 40
Offices� NIC 35
0 Testing The LCO may require,at Lassoes expense,test reports by a qualified acoustical consultant showing that acoustical requirements
have bean met.
E. Current office conditions meet acoustical requirements.
3.39 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013)
A. The Lessor shall provide to the Government material safety data sheets(MSDS)or other appropriate documents upon request,but prior to
Installation or use fair the following products,including but not limited to,adhesives,caulking,sealants.insulating materials,fireprocifing orfire stopping
materials,paints,carpets,floor and wall patching or leveling materials,lubricants,dear finishes for wood surfaces,janitorial cleaning products,and
post control products.
B The LCO may eliminate from consideration products with significant quantities of toxic,flammable,corrosive,or carcinogenic material and
products with potential for harmful chemical emissions. Materials used often or in large quantities will receive the greatest amount of review.
C. All MSDS shall comply with Occupational Safety and Health Administration(OSHA)requirements. The Lessor and its agents shall comply
with all rewirrimended measures in the MSDS to protect ft health and safety of personnel.
O. To the greatest extent possible,the Lessor shad sequence the installation of finish materials so that materials that are high emitters of
volatile organic compounds(VOCs)are installed and all to cure before Installing Interior finish materials,especially soft materials that are woven,
fibrous,or porous in nature,that may adsorb contaminants and release them over time.
E. Where demolition or construction work ocrurs adjacent to occupied Space,the Lessor shall erect appropriate barriers(noise,dust or,
etc.)and take necessary steps to minimize Interference with the occupants. This Includes maintaining acceptable temperature,humidity,and
ventilation In the occupied areas during window removal,window replacement or similar types of work.
F. HVAC during Constructicin: If air handlers are used during construction.the Lessor shall provide filtration is with a MERV of 8 at each
return air grid,as determined by the latest edition of ASHRAE Standard 52.2,Method of Testing General Ventilation Air Cleaning Devices for Removal
Efficiency by Particle Size. The permanent HVAC system may be used to move both supply and return air during the construction process only d the
following conditions are met
1. A complete air filtration system with 60 percent efficiency filters is installed and property maintained;
2, No permanent diffusers are usecL
3. No plenum type return air system is employed;
4 The HVAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants;and
5. Following the Building'flush out,'all duct systems are vacuumed with portable high-efficiency particulate arrastance(NEPA)vacuums and
documented dean in accordance with National Air Duct Cleaners Association(NADCA)specifications.
G. Flush-Out Procedure:
1. A final flush-out period of 72 hours minimum is required after installation of all Interior finishes and before occupancy of the Space. The
Lessor shall ventilate 24 hours a day,with new filtration media at 100%outdoor air(or maximum outdoor air while achieving a relative
humidity not greater than 60%),
1 After the 3-day period the Space may be occupied:however,the Rush-out must continue for 30 days using the maximum percentage of
outdoor air consistent with achieving thermal comfort and humidity control.
1 Any deviation from this ventilation plan must be approved by the LCO.
4. The Lessor is required to provide regularly occupied areas of the Space with new air filtration media before occupancy that provides a
MERV of 13 or better,
5. During construction,meet ore the recommended design approaches of the Sheet Metal and Air Conditioning National Contractors
Association(5 CNA)IAO Guideline for Occupied Buildings Under Construction,1995,Chapter 3.
6. Protect stored on5fte and installed absorptive materials from moisture damage.
3.40 SYSTEMS COMMISSIONING(APR 2011)
The Lessor shall Incorporate commissioning requirements to verify that the Installation and performance at energy consuming systems meet the
Government's project requirements. The commissioning shall cover only work associated with Tis or alterations of at a minimum:heating,ventilating,
air conditioning and refrigeration(HVAC&R)systems and associated controls,lighting controls,and domestic hot water systems.
LEASE NO.GS-110124-AX0741112.PAGE 16 LESSOR.-GOVERNMENT. GSA FORM L202(05115)
31
Page 60 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension is ...
AGENDA ITEM #2.b.
32
3,41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS—LEASE(SEP 2014)
A. Environmental Due Diligence
Lessor is responsible for performing all necessary 'response actions (as that term is defined at 42 U.S.C. § 9601(25) of the Comprehensive
Environmental Response.Compensation and Liability Act(CERCLA))with regard to all'rec43gnkzed environmental conditions,"as that term is defined
In ASTM Standard E1527-13,as such standard maybe revised from time to time. This obligation extends to any contamination of the Property where
such contamination Is not attributable to the Government. Lessor must provide the Government with a summary report demonstrating completion of
oil required response actions prior to Substantial Completion. Any remediation performed by or on behalf of Lessor must be undertaken in strict
compliance with all applicable federal,state and local laws and regulations.
B, National Environmental Policy Act
The National Environmental Policy Act regulations provide for analyzing proposed major federal actions to determine if there are ways to mitigate the
impact of the proposed actions to avoid,minimize,rectify,reduce.or compensate for environmental impacts associated with such actions,. Where the
Government has determined that any or all of these mitigation measures should be or must be adopted to lessen the impact of these proposed
actions, Lessor must incorporate all mitigation measures identified and adopted by the Government in the design and construction drawings and
specifications. All is and expenses for development of design alternatives,mitigation measures and review submittals for wad to be performed
under the Lease are the sole responsibility of Lessor.
LEASE NO. -1®P 07482,PAGE 17 LESSOR.-GOVERNMENT: GSA FORM L202(051151
32
Page 61 oft
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
33
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES
4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015)
A. The Government shall accept the Space only K the construction of Building shall and Tis conforming to this Lease Is substantially complete,
a Certificate of Occupancy(C of 0)has been issued as set forth below and the Building improvements necessary for acceptance as described in the
paragraph'Building Ira provements'are completed,
B. The Space shall be considered substantially complete only R the Space may be used for its intended purpose and complefion of remaining
work wd[not interfere unreasonably with the Government's enjoyment of the Space. Acceptance shall be Final and binding upon the Government with
respect to the completion of the Tis,with the exception of Hems Identified on a punch list generated as a result of the Inspechorr,concealed conditions,
latent defects,orfraud.but shah not relieve the Lessor of any other Lease requirements.
C. The Lessor shall provide a valid C of 0,issued by the local jurisdiclicin,for the intended use of the Governmeft It the local jurisdiction does
not issue C of O's or 0 Me C of 0 is not available,the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection
engineer that indicates the Space and Building are compliant with o15 applicable local codes and ordinances and all fire protection and life safety-
related requirements of this Lease,
D. At acceptance,the Lease term shall commence and the Lease Term Commencement Date shall be memorialized by Lease Amendment.
E. The Govemment will not be required to accept space prior to the schedule outlined in this Lease.
4,02 AS-BUILT DRAWINGS(JUN 2012)
Not later than 180 days after the acceptance of the Space,the Lessor shall furnish to the Govemment a complete set of Computer Aided Design
(CAD)files of the ongincl construction drawings showing the Space under Lease,as wall as co ors,stairways,and core areas at no cost to the
Government. The plans shall have been generated by a CAD program which is compatible with the latest release of AutoCAD. The required file
extension is'.DWG.' Clean and purged files shall be submitted on CD-ROM. They shall be labeled with Building name,address,list of drawing(s),
distant the drawing(s),and Lessor's architect and archilect's.phone number, As-built plans shall be provided in Portable Document Format(pdo files
Clean and purged riles shall be submitted on CD-ROM They shall be labeled with Building name,address,list ofdrawing(s),date of the drawing(s),
and Lassoes archil ed and archkwVs phone number.The Lassoes operator shall demonstrate the submission an GSA equipment,if requested by the
LCO
LEASE O.GS40P-LAKO?482.PAGE 1a LESSOR:-GOVERNMENT. GSA FORM L202(06115)
33
Page 62 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
34
SECTION 5 TENANTI T COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 20131
The TIs shall be designed,constnucled,and maintained in accordance with the standards set forth in this Lease. For pricing,only those requirements
designated as Tis within this sWion,or designated as lis within the attached agency requirements and Security Requirements,shall be deemed to be
TI costs
612 DOORS: INTERIOR(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doom within the Space shall be provided as part of the Tls and shall have a minimum dear opening of 32'wide x So'high. Doom shall be nush,solid
care,wood with a natural wood veneer face or an equivalent door pre-approved by the LCO, Hollow care wood doors are nota ptable. They shall
be operable with a single effort,,and shall meet the requirements of NFPA 101,Life Safety Code or the international Building Code(current as of the
Lease Award Date). Doors shall be Installed In a metal frame assembly which is primed and finished with a low VOC semi-gloss oil-based paint with
no formaldehyde.
5.03 DOORS. HARDWARE(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doors shall have do"handles or door pulls with heavyweight hinges. The Lessor is encouraged to avoid the use of chrome-plated hardware. All
doors shall have corresponding doorstops(well-or floor-mounted)and silencers, All door entrances leading into the Space from public comdam and
extenor doors shall have automatic door closers Doors designated by the Government shall be equipped with 5-pin,tumbler cylinder locks and strike
plates All locks shall be master keyed. Furman at least two master keys for each lock to the Gave mment Any exterior entrance shall have a high
security lock,with appropriate key control procedures,as determined by Government specifications. Hinge pins and hasps shall be secured against
unauthorized removal by usiftg spot welds or p,.nned mounting bolts. The exterior side of the door shall have a lock guard or astragal to prevent
tampering of the latch hardware. Doom used for egress only shall not have any operable exterior hardware. All sermity-locking arrangements on
doom used for egress shall comply with requirements of NFPA 101or the International Building Code current as of the Lease Award Date.
5.04 PART17IONS: SUBDIVIDING(SUCCEEDING)(SEP 2013)
The followng requirement%pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances shall be provided as pan of the
TIs. Partitioning shall extend fmim the finished floor to the finished calling and shall be designed to provide a minimum sound transmission class(STC)
of 37. They shall have aflame spread rating of25 or less and a smoke development rating of 450 or less(ASTM E-94).
B. HVAC shall be rebalanced and lighting repositioned.as appropriate,after installation of partitions.
C. If installed In accordance with the'Automafic Fire Sprinkler System'and'Fire Ala mn System"paragraphs,sprinklers and fire Matm notification
appliances shall be repositioned as appropriate after installation of Partitions to maintain the level of fire protection and life safety,
5.05 WALL FINISHES(JUN 20121
If the Government chooses to Install a it covering,the minimum standard is vinyl-fres,chlorine-free, plasticizer-free wall covering with recycled
content or bio-based commercial wall covering weighing not less than 13 ounces per square yard or equivalent. If the Government chooses to install a
high-performs nce paint costing,it shall comply with the VOC;limits of the G Baal Standard GS-11.
5.06 PAINTINGTI(SEP 20131
A. Prior to acceptance,all surfaces within the Space which are designated by GSA for painting shall be newly finished in colors acceptable to the
Government.
B The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for VOC off gassing:
1, Topcoat paints:Green Seal Standard GS-11,Paints,First Edition,May 20,1993.
2 All other architectural coatings, primers, and undercoat& South Coast Air Quality Management District (SCAOMD) Rule 1113,
Arrhits dural Coatings,effective January 1,2004
3. Architectural paints,coatings,and primers applied to interior walls and ceilings,
a, Flats:50 grams per liter(g/L)
b. Nan-flats:150 g1L.
4. Anti-corrosive and anti-rust paints applied to interior ferrous metal substrates:250 g/L
5 Clear wood finishes,
a Varnish:350 g/L
b, Lacques,550 g/L,
6. Floor coabnjj&100 g1L,
7. Sealers-,
LEASE NO.G340P4-AK07482,PAGE 19 LESSOR.-GOVERNMENT, GSA FORM L202(0 151
34
Page 63 of 266
Kodiak Fisheries Research Center( ) Lease Extension is ...
AGENDA ITEM #2.b.
35
a. Waterproofing sealers;250 g1L.
b. Sanding alers:275 g1L.
c. All other soalersr 200 g1L.
El, Shella
a. Clear 730 g1L.
b. Pigmented.550 g1L
9. Stains,250 91L
C. Use reprocessed latex paint in accordance with EPA's CPG(Comprehensive Procurement Guidelines)an all painted surfaces where feasible.
The type of paint shall be acceptable to the Government
5.07 FLOOR COVERINGS AND PERI (APR 2016)
A. Broadloom carpet or carpet tiles shall meet the requirements set forth In the specifications below, Floor perimeters at partitions shall have
rubber,vinyl,or carpet base. Floor covering shall be Installed in accordance with manufacturing instructions to lay smoothly and evenly
B. The use of existing carpet may be approved by the Government;however,existing carpet shall be repaired,stretched,and cleaned before
*=upancy and shall meet the static buildup requirement as stated in the specifications below.
C Any alternate flooring shall be pre-approved by the Government
D SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED
1 Pttadugl sustainability and e _rriental reouirements. In order to achieve superior performance in multiple environmental attribute
areas,carpet must have third party certification in accordance ASIISF 140 2007e Sustainable Carpet Assessment Standard at a'Gd'level
minimum. Carpet manufacturer must supply certificate as part of the procurement documentation.
2. Beovded ntent: Recycled content Is measured by total product weight of pre-consumer and/or post-consumer materials.
Recycled content must be at least 10%pmt-consumer recovered content
3. Lgm emitlina mat Iola. The carpet and floor adhesive(far glue-down install®' ns)must meet the Green Label Plus(GLP)and floor
adhesive(far direct glued )requirements of the Carpet and Rug Institute(CRI). CLIP number must be provided. Adhesives must meet V C
content standards per South Coast Air Quality Management District Rule 01168.
4. Far
&[iberconjent. Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent Bulk Continuous Filament(BCF);cut
and loop shall be 100 percent BCF for the loop portion and maybe BCF or staple for the cut n;cut pile carpet shati be staple or BCF.
5, Performance requirements for broadloom and modular tile..
a tabs Less than or equal to 3.5 kV when tested by AATCC Test Method 134(Step Test Option),.
b. Fla abAity:Meets CPSC-FF-1-70,DOC-FF-1-70 Methenamine Tablet Test criteria.
C. Eloofing Radiant Panel Test, Meets NFPA 2S3 Class I or II depending upon occupancy and fire code when tested under AST
E-64B for glue down Installation.
d. 5m2t2j29njojt.NBS Smoke Chamber-Less than 450 Flaming Mode when tested under AST 2.
NOTE; Testing must be performed in a NVLAP accredited laboratory.
6. 7e_x1uM Appearance Retpriflon Rati_ f PARRS. Carpet must meet TARR ratings specified bel
Space Definition T T
Class' n Cla ill° n
Private 011fices z 3 TARR
Training,conference,courtrooms,eta. Heavy z 3.o TARR
Open Offica,cafeteria,corridors,lobbies Seve z 3.5 TARR
The carpet must be evaluated using AST D-5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR classification
determined using AST D-7330.
+ 7. QM=j reclamation. Reclamation of existing carpet to be determined tential vendor, When carpet is replaced, submit
certification documentation from the mclarnation facility to the LCO.
B. fflIMrjbf. Submit a copy of the manufacturer's standard warranty to the LCO within the first 60 days of Government occupancy,
The Government is to be a berreficlary of the terms of this warranty
LEASE NO. -IOP- 074 ,PAGE 20 LESS GOVERNMENT. GSA FORM L202(06115)
35
Page 64 f 266
Kodiak i c (KFRC) Lease ExtensionDisc...
AGENDA ITEM #2.b.
36
5.00 HEATING AND AIR CONDITIONING(SUCCEEDING](JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the form of the Leese:
Zone Control. Provide Individual thermostat con W for office Space with control areas not to exceed 1,500 ABOA SF. Interior spaces must be
separately zoned. Specialty occupancies(conference rooms,kitchens,etc.)must have active controls capable of sensing Space use and modulating
HVAC system In response to Space demand. Areas that routinely have extended hours of operation shall be environmentally controlled through
dedicated heating and air conditioning equipment. Special purpose areas(such as photocopy centers,large conference rooms,computer rooms,etc.)
with an Internal cooling load In excess of 5 tons shall be Independently controlled. Provide concealed package air conditioning equipment to meet
localized spot cooling of tenant special equipment.
5.09 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. All electrical outlets shall be Installed Inaccordance with NFPA Standard 7D.
B. All outlets within the Space shall be marked and coded for case of wire tracing;outlets shall be circuited separately from lighting. All floor
outlets.shall be flush with the plane of the finished floor outlet cover colon shall he coordinated with partition finish selections.
C. The Lessor shall in all cases safely conceal outlets and associated wiring(for electricity,voice,and data)to the woftlation(s)in partitions,
ceiling plenums,in recessed floor ducts,under raised flooring,or by use of a method acceptable to the Government-
6.10 LIGHTING- INTERIOR AND PARKING—TI(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. FIXTURES:The Lessor shall provide Interior fighting to comply with requirements under the paragraph,'Lighling:Interior and Parking—Shall
(Succeeding)."
B. BUILDING PERIMETER:There may be additional requirements for lighting in exterior parking areas,vehicle driveways.pedestrian walkways,
and Building perimeter in the Security Requirements attached to this Lease.
LEASE NO.GS40P4-AK07482,PAGE 21 LESSOR:—GOVERNMENT: GSA FORM L202(05115)
36
Page 65 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
37
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS IJUN 20121
A, The Governments normal boom of operations are established as 6:00 AM to 6.00 PM,seven(7)days a week.Services,maintenance,and
utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant as at all times williout
additional payment,including the use,during other than normal hours,of necessary services and utilities such as elevators, res s,lights,and
aler-lift power. Cleaning shall be performed during normal hours.
& The Lessor and the Lassoes representatives,employees and contractors shall demonstrate a cooperative.positive,welcoming, respectful,
professional and business-like aerneanor and shall present a rest,dean,job-appmprilate(professional)appearance.
6.02 UTILITIES(APR 2011)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration,
6.03 UTILITY CONSUMPTION REPORTING(JUN 2012)
Upon request from the Lease Contracting Officer or Contracting Officer's Representative.the Lessor shall provide regular quarterly reports of the
amount of all utilities consumed at the Building in monthly detail for the duration of the Lease. Them reports must be provided within 45 days of the
end of each quarterly period and shall be in either written or electronic form,as requested by the Government.The reports shall contain the number of
actual units consumed. If reports are available detailing only the Governments consumption, then the reports shall be limited solely to the
Government's consumption. Additionally, said reports shall Indicate. for each utility being reported, the use of the specific utility. For example,
electricity consumption shall indicate W it Includes heating or air conditioning,and if so.whether just diffusers or diffusers and healing are included in
electricity consumption.
6.04 HEATING AND AIR CONDITIONING(SEP 2014)
A. In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to
maximize tenant satisfaction. The temperatures shell be maintained throughout the leased Promises and service areas, regardless of outside
temperatures,during the hours of operation specified in the Lease.The Lessor shall pedoffn any necessary systems start-up required to meet the
commercially equivalent temperature levels prior to the first hour of each day's operation. At all times,humidity shall be maintained below 60%relative
humidity,
B. During non-working hours. heating temperatures shall be set no higher than 55* Fahrenheit, and air conditioning shall not be provided
except as necessary to return Space temperatures to a suitable level for the beginning of working hours,
C, Thermal comfort. During all working hours,comply with the latest edition of ASHRAE Standard 55,Thermal Comfort Conditions for Human
Occupancy,
0. Warehouse or garage areas require heating and ventilation only, Coding of this Space is not required. Temperature of warehouse or
garage areas shall he maintained at a minimum of So'Fahrenheit-
E. The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and shall make a
reasonable attempt to whedule major construction outside of offics hours.
F. Normal HVAC systems'maintenance shall not disrupt tenant operations.
G. 97 ABO A SF of the Premises shall receive coding at all times(24 hrs a day,365 days a year)for purposes of cooling the designated server
mom(Rom 133). The temperature of this mom shall be maintained at no greater than 75 dogmas F(preferred is 68 degrees),regardless of outside
temperature or seasonal changes,The 24 boom cooling service shall be provided by the Lessor as part of the Operating Costs Base. Notwithstanding
the foregoing,Lessor"I provide this service at no additional cost to the Government
6.05 JANITORIAL SERVICES(JUN 20121
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access in a dean condition and shall
provide supplies and Lquipment for the term of the Lease. The following schedule describes the level of services intended. Performance will be
based on the LCO's evaluation of results,not the frequency or mediod of performance,
A. PlLoll. Empty trash remptades. Sweep entrances,lobbies,and corridors. Spot sweep floors,and spot vacuum carpets. Clean drinking
fountains. Sweep and damp map or scrub res s. Clean sit restroorn fixtures,and replenish restroorn supplies. Dispose of all trash and garbage
generated in or about the Building. Wash inside and out or steam clean cans used for collection off remnants from snack bare and vending
machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors,enhances,and
lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks,parking areas,and driveways. Sweep loading dock areas and
platforms. Clean glass entry doors to the Spsce.
B. Ibree times a weah. Sweep or vacuum stairs.
C. Wokly Damp mop and spray buff all resilient floors in res ms and health units. Sweep sidewalks, parking areas, and driveways
(weather permitting).
LEASE NO. SHOP 97482,PAGE 22 LESSOR:-GOVERNMENT. GSA FORM 1-202(05115)
37
Page 66 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
38
D EM2[y two woks. Spray buff resilient floors in secondary corridors,entrance,and lobbies. Damp mop and spray buff hard and resilient
floors In office Space,
E. Monthly Thomughly dust furniture Completely sweep and/or vacuum carpets. Sweep storage Space. Spot clean all wall surfaces within
70 inches of the floor,
F. Every two months. Damp wipe restroorn wastepaper receptacles,stall partitions,doom,window 0s,and frames. Shampoo entrance and
elevator carpets.
G, Th m times III year. Dust wall surfaces within 70 inches of the floor,vertical surfaces and under surfaces. Clean metal and marble surfaces
In lobbioa. Wet mop or scrub garages
H JWkLa_yeaj Wash afl Interior and exterior windows and other glass surfaces Strip and apply four coats or finish to resilient ODOM in
res s. Strip and refinish main corridors and other heavy traffic areas,
I. Annuall Wash all venetian blinds,and dust 6 months from washing. Vacuum or dust all!surfs In the Building more than 70 inches from
the floor,including light fixtures. Vacuum all draperies in place. Strip and refinish fimm in offices;and secondary lobbies and corridors. Shampoo
carpels in co ors and lobbies. Clean balconies,ledges,courts,areaways,and flat roofs.
J. Every two years. Shampoo carpets in all offices and other non-public areas.
K. As_Muired. Property maintain plants and lawns Provide Initial supply, Installation,,and replacement of light bulbs,tubes.ballasts,and
starters, Provide and empty exterior ash cans and clean area of any discarded cigarette butts,
L. pitm on Control posts as appropriate, using integrated Post Management techniques. asspecified in the GSA Environmental
Management Integrated Post Management Technique Guide(E40240011)
6.06 SELECTION OF CLEANING PRODUCTS JAPR 2015)
The Lessor shall use cleaning products(including general purpose cleaners,flow cleaners,hands p,ate.)that comply with either the Green Seat
standard,,the LIL/EcoLogo standard.EPA's Design for the Environment(OfE)designation.or a substitute acceptable to the LCO. Hand soap products
shall also be USDA Ce 'red BioPreferred
6.07 SELECTION OF PAPER PRODUCTS(APR 2016)
The Lessor shall select paper and paper products(e.g., rostrourn tissue and per towels)conforming to the Green Seal Standard(GS-1),or a
substitute acceptable to the LCO.
6.08 SNOW REMOVAL(APR 2011)
Lessor shall provide snow removal services for the Government on all days for which this Lease has designated normal hours. Lessor shall dear
parking lots If the accumulation of snow exceeds two inches Lessor shall dear sidewalks. walkways and other entrances before accumulation
e=eeds1.5inches. The snow removal shall take place no later than 13:00 AM,without exception, Should accumulation continue throughout the day,
the Lessor shall provides additional snow removal services toprevent accumulation greater than Ohs maximums specified In this paragraph. In
addition to snow removal,the Lessor shall keep walkways,sidewalks and parking lots free of me during the normal hours. The Lessor shall remove
excess buildup of sand andlor Ice meft to minimize slipping hazards. If the Building entrance(&)has a northern exposure.then Lessor shall take
additional measures to protect the safety of pedestrians,
6.09 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance,repair,and replacement and renewal of the leased Premises. Such maintenance,repairs,
replacement and renewal (include the site and private access wads. AS equipment and systems shall be maintained to provide reliable, energy
efficient service without unusual interruption,disturbing noises,exposure to fire or safety hazards,uncomfortable drafts,excessive air velocities,or
unusual emissions of dirt The Lassoes maintenance responsibility includes initial supply and replacement of oil supplies,materials,and equipment
necessary for such maintenance Maintenance,,testing. and Inspection of appropriate equipment and systems shall be done in accordance with
cuffent applicable codes,and inspection certificates shall be displayed as appropriate Copies of all records In this regard shall be forwarded to the
Government's designated representative.
B. At the Lassoes expense, the Government reserves the right to require documentation of proper operations, Inspection, testing, and
maintenance of fire protection systems.such as but not limited to,fire alarm,fire sprinkler,standpipes,fire pump,emergency lighting,Illuminated exit
signs,, emergency generator prior to occupancy to ensure proper operation These is shalt be witnessed by the Government's designated
representative.
LEASE O.13 -10 07482,PAGE 23 LESSOR.-GOVERNMENT, GSA FORM L202(06!16)
38
Page 67 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
39
6.10 MAINTENANCE OF PROVIDED FINISHES(SEP 2013)
A. Paint,wall covenngk Lessor shalt maintain all wall coverings and high performance paint coatings in like new'condition for the Ida at the Lease.
All painted surfaces,shall be repainted at the Lessors expense,Including the moving and returning of furnishings,any time during the occupancy
by the Government of the paint is peeling or permanently stainLd,except where damaged due to the negligence of the Government. All work
shall be done after normal worWng hours as defined elsewhere in this Lease. In addition to the foregoing requirement,
I Lessor shall repaint common areas by mutual agreement between the Lessor and the Government.
2. Lessor shall perform repainting of the Space at the agency's request. The scope will be determined by the agency and the Lessor will bid the
pmjed. The agency will pay for the project via lump sum payment at project completion and acceptance by the Government. This will be
documented through a Lease Amendment.
B. Gamal and aggdno.
1 Except when damaged by the Government the Lessor shall repair or replace floating at any time during the Lease to whew
a Backing or undeflayment Is exposed;
b. Them are noticeable variations in surface color or texture;
c, It has suds,upturned edges,or other noticeable variations in texture:
d. Tiles are loose-,or,
e Tears or tripping hazards are present.
2. Notwithstanding the foregoing, the Lessor shall replace carpet In the Space at the age `s request with a product which m the
requirements in the"Floor Coverings and Perimeters'paragraph in this Lease. The scope will be determined by the agency and the Lessor
will bid the project, The agency W pay for the project via lump sum payment at project completion and acceptance by the Government.
This will.bad men through a Lease Amendment.
3 Repair or replacement shall include the moving and returning of furnishings,including disassembly and reassembly of systems furniture per
manufacturer's warranty,if necessary. Work shall be performed after the normal hours established elsewhere in this Lease.
6.11 ASBESTOS ABATEMENT(APR 2011)
Of asbestos abatement work is to be performed in the Space after occupancy,the Lessor shall submit to the Government the occupant safety plan and
a description of the methods at abatement and re-occupancy clearance, Inaccordance with OSHA, EPA, DOT,state, and local regulations and
guidance,at least 4 weeks pnoi to the abatement work.
6.12 ONSITE LESSOR MANAGEMENT(APR 20111
The Lessor shall pmvide an onsite bul.ding superintendent or a locally designated representative available topromptly respond to def s,and
(mmedistety address all emergency situations.
6.13 IDENTITY VERIFICATION OF PERSONNEL(SEP 20131
A. The Government reserves the right to ve*Identities of personnel with routine pre-occupancy and/or unaccompanied access to Government
space. The Lessor shall comply with the agency personal identity verification procedures below that implement Homeland Security Presidential
Directive.-12(HSPD-1 2),Office of Management and Budget(OMB)guidance M-05-24 and M71-11,and Federal Information Processing Standards
Publication(FIPS PUB)Number 201,as amended.
B The Government reserves the fight to conduct additional background checks on Lessor personnel and contractors with routine access to
Government leased space throughout the to of the Lease.
C Upon request.the Lessor will notify the Government whether they will use either the manual process and submit completed fingerprint charts
and background Investigation forms,or use the electronic process of 10 verification,completed through the e•OIP system. This would be done for
each employee of the Lessor,as wall as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring
routine access to the Government's leased space for a period greater than a months,The Government may also require this information for the
Lessors employees,contractors,or subcontractors who will be engaged to perform alterations or emmgancy repaint in the Government's spare.
1 MANUAL PROCESS: The Lessor shall Provide Form FD 258, Fingerprint Chart(available from the Government Printing Office at
hup jAmokstons.gpo gay),and Standard Form 85P,Questionnaire for Public Trust Positions.completed by each person and returned to the Lease
Contracting Officer(or the contracting of designated representative)within 30 days from receipt of the forms.
2 ELECTRONIC PROCESS, The electranic process will be done through the L-OIP system. The Lewor's can will receive
an email along with instructions for completing the Office of Personnel Electronic Questionnaire(e-GIP). The contractor/parsonnal will have up to(7)
seven business days to Ina complete the e-QIP for the background investigation. The contraclarlpersannel will be Instructed taeccess the
websille,and reiceive an screen instructions which Include but it is not limited to:
a) How to Log In
b) How to Answer and Create New Golden Questions
c) at Additional Documents to Send
LEASE NO.GS-110110-LAK07452,PAGE 24 LESSOR:—GOVERNMENT. GSA FORM L202(OrdIS)
39
Page 68 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
40
d) To Print and Sign two Signature Forms(Codification That My Answers Are True)
a) To complete the submission process,press the' Blease!Request Transmit to the Agency'and exit the process
1) Where to Send.
The Lessor must ensure prompt Input,and timely receipt of the following,from their contractorlpersonnel
a) Two FBI Fingerprint Cards(Form FD-258)or one card produced by a livescan device,
b) Certification That My Answers Are True
c) Authorization for Release of Information.
D. The Lessor must ensure the contracting offic-er(or the contracting officer's designated representative)has all of the requested documentation
to ensure the completion of the Investigation.
E, Based on the information furnished,the Government will conduct background investigations of the employ s, The contracting officer will
advise the Lessor in writing If an employee fags the investigation,and,effective immediately,the employee will no longer he allowed to work or be
assigned to work in the Govemment's space.
F. Throughout the life of the lease,the Lessor shall provide the same data for any new employees,contractors,or subcontractors who will be
assigned to the Government's space. In the event the Lessors contractor or subcontractor Is subsequently replaced, the new contractor or
subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the former
contractor or subcontractor The Lessor shall resubmit Form FD 256 and Standard Form 85P for every employee covered by this paragraph on a 5
year basis.
G. The Lessor shall Insert this paragraph in all subcontracts when the subcontractor Is required to have physical amass to a federally controlled
facility ora ss to a federal information system.
6.14 SCHEDULE OF PERIODIC SERVICES IJUN 2012)
Within 60 days after occupancy by the Government the Lessor shall provide the LCO with a detailed written schedule of all periodic services and
maintenance,Including a preventive maintenance schedule.
6.15 LANDSCAPING ISUCCEEDING)IJUN 2012)
A. Landscape management practices shall prevent pollution by7
I Employing practices which avoid or minimize the need for fertilizers and pesticides;
2. Prohibiting the use of the 2,4-DicMarophenoxyacefic Acid(2,4-D)herbicide and organophosphates,and
3. Composting/recycling all yard waste if available in Kodiak.
B. The Lessor shall use landscaping produeb with recycled content as required by EPA's CPG Guidelines for landscaping products, Refer to
EPXs CPG web site,yrfM,jtga,gmL/_r,2g.
6.16 LANDSCAPE MAINTENANCE(APR 2011)
Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering, weeding,
mowing,and policing the area to keep it free of debris. Pruning and fertilizatkon shall be done on an as-needed basis. In addition,dead,dying,or
damaged plants shall be replaced,
6.17 RECYCLING(JUN 2012)
A. For Leases greater then 10,000 rentable SF,with a Lease term greater than six months,the Lessor shall establish a recycling program for
(at a minimum)paper,corrugated cardboard,glass,plastics,and metals where local markets for recovered materials exist
B. Where state or local law,code,or ordinance requires recycling programs for the Premises,Lessor shall comply with such state andlor local
low,code,or ordinance.
C. When Implementing any recycling program,the Lessor shall pmWde an easily accessible,appropriately sized area(2 SF per 1,000 SF of
Building gross flow area)that serves the Space for the collection and storage of materials for recycling. Tel room%are not acceptable as
recycling space. During the Lease term,the Lessor agrees,upon request.to provide the Government with additional Information concerning recycling
programs maintained in the Building and in the Space.
8.16 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the form of the Lease,the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-Sheppard
vending facilities.
6.19 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
This paragraph applies to all recipients of SBU Building information,including,bidders,awardees,contractors,subcontractors,Lessors,suppliers,and
manufacturers.
LEASE O.GS40P-LAK07482,PAGE 26 LESSON:-GOVERNMENT. GSA FORM L202(QW15)
40
Page 69 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
41
A. MARKING SBU, Contraclot-generated documents that contain Building information must be reviewed by GSA to identify any SBU content,
before the original at any copies are disseminated to any other parties, IF SBU content is Identified,the LCO may direct the contractor,as specified
elsewhere In this contract,to imprint or affix SBU document markings to the original documents and all copies,before any dissemination.
B, AUTHORIZED RECIPIENTS. Building Information considered SBU must be protected with access strictly controlled and limited to those
individuals having a need to know such information. Those with a need to know may include Federal, state,and local government entities, and
riongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment.entities may Include architects,engin m,,
consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or
subcontract. Contractors must provide SBU Building Information when needed for the pedarmance of official Federal, state,and local government
functions,such as for code compliance reviews and for the issuance of Budding permits Public safety entities such as fire and utility departments may
require access to SBU Building information on a need to know basis. This paragraph must not prevent or encumber the dissemination of SBU Building
information to public safety entities.
The server room is the only area Identified as sensitive at this time.
C DISSEMINATION OF SBU BUILDING INFORMATION.
1. BY ELECTRONIC TRANSMISSION Electronic tramirrilsinon of SBU information outride of the GSA firewall and network must
use session(or alternatively file encryption), Sessions(or fides)must be encrypted with an approved NIST algodthm,such as Advanced Encryptkin
Standard(AES)or Triple Data Encryption Standard(3D 5),in accordance with Federal Information Processing Standards Publication(FOPS PUB)
140-2,Security Requirements for Cryptographic Modules Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the
following URL. hflg1lcsrc.nist. A/ rou2siSTWcmWdocument L140-111401vend ht . All encryption products used to satisfy the FOPS 140-2
requirement should have a validation certificate that can be veriffed at the bfiOtJ/csM.ni;t goLlgrougonaLgMyglyallidation htMI1102 (Not all vendors at
security products that claim conformance with APS 140.2 have validation certificates) Contractors must provide SBU Building information only to
authorized representatives of state. Federal, and local government entities and firms currently registered as "active' in the SAM database at
httg%1 .aam.aov that have a need to know such information. It a subcontractor is net registered in SAM and has a need to possess SBU Building
Informabon,the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license.
2. BY NON-ELECTRONIC FORM QR ON PORTABLE ELECTRONIC DATA jjQBAQ9_QEMM, Portable electronic data storage
devices include but are not limited to CDs,DVDs,and USB drives Non-alectronk:forms of SBU Building information include paper documents,
8. ad. Utilize only methods of shipping that provide services for monitoring receipt such as track andconfiffiri,proof of delivery,
signature confirmation,or return rewipt.
b. rso Contractors must provide SBU Building Information only to authorized representatives of state,Federal, and local
government entities and firms currently registered as'active In the SAM data that have a need to know such Information.
3, RECORD KEEPING. Contractors must maintain a list of the state,Federal.and local government onfibes and the firms to which
SOU Is disseminated under sections C1 and C2 of this paragraph° This list must Include at a minimum
a. The name of the state,Federal,or local government entity or firm to which SBU has been disseminated;
b The name of the individual at the entity or firm who is responsible for protecting the SBU Building Information,with access
strictly controlled and limited to those individuals having a need to know such information;
C. Contact Information for the named individual;and
d, A description of the SBU Building information provided.
Once work is completed,or for leased Space with the submission of the as built drawings,the contractor must collect all fists maintained in accordance
with this paragsph,.including those maintained by any subcontractors and suppliers,and submit them to the LCO
D RETAINING SOU DOCUMENTS. SBU Budding information(both electronic and paper formats)must be protected,with access strictly
controlled and limited to those Individuals having a need to know such information
E.. J2gSyjt1r2 gjU I N NF TI N.. SOU Building Information must be destroyed such that the marked information is tendered
unreadable and incapable of being restated, or returned to the LCO,when no longer needed, In accordance with guidelines provided for media
At the Web sole,locate SP 800-89,Guidelines for is Sanlizaton,
available at HTTP:YCSRCNISTGOVIPUBLICATIONSINISTPUBSIB GO-88/NPSTSPOOD-M REVII.PDRand click on the file name NISTSP800-
Be REVI,Pdf. From there,you can choose to"Save'or-Download'the Be If SBU Building Information is not returned to the LCO,examples of
scZaptable destruction methods for SBU Budding Information are burning or shredding hmdcopyr,physically deaftaying portable electronic storage
devices such as CDs.DVDs,and USB drives,deleting and removing files from electronic recycling bins:and removing material hom computer hard
drives using a permanent-erase utility such as bit wiping software or disk crushers.
F NgjlQE QE 015PQgA . The contractor must notify the LCO that all SBU Building information has been des ilroyed,or returned to the LCO,
by the contractor and Its subcontractors at suppliers in accordance with section(a)of this paragraph,with the exception of the crintractoes record
copy This notice must be submitted to the LCO at the completion of the contract in order to receive final payment For Losses,this notice must be
submitted to the LCO at the completion of the Lease term.
LEASE NO. -IO 07482,PAGE 26 LESSOR:-GOVERNMENT: GSA FORM L202(06116)
41
Page 70 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
42
G. INQII2Etj!5. All improper disclosures of SBU Building information must be reported immediately to the LCO IF the contract provides for
progress payments,the LCO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the
contractor will prevent future Improper disclosures of SBU Building information. Progress payments may also be withhold for failure to comply with any
provision In this paragraph until the contractor provides a corrective action plan explaining how the contractor will ractify any noncompliance and
comply with the paragraph in the future.
H. $UBrzQNTRAQeU The Contractor must Insert the substance of this paragraph in all subcontracts.
&ZO INDOOR AIR QUAtJTY IP 2013)
A. The Lessor shall control contaminants at thea and/or operate the Space In such a manner that the GSA indicator levels for carbon
monoxide(CO),carbon dioxide(CO2),and formaldehyde(HCHO)are not exceeded. The indicator levels for officat areas shall be CO 9 ppm time
weighted average(TWA 8 hour sample):CO2 1,000 ppm(T%ift HCHO 0 1 ppm(TWA).
B. The Lessor shall make a reasonable attempt to apply insecticides,paints,glues,adhesives.and KVAC system cleaning compounds with
highly volatile orirritating organic compounds,outside OF working hours. Except in an emergency,the Lessor shall provide at least 72 hours advance
notice to the Government before applying noxious chemicals in occupied Spaces and shall adequately ventilate those Spaces during and after
application.
C. The Lessor shall promptly Investigate indoor sit quality (IAQ) complaints and shall Implement the necessary controls In address the
complaint.
D. The Government reserves the right to conduct Independent IAG assessments and detailed studies in Space that it occupies,as well as in
space serving the Space (e g,, common use areas, mechanical roams, HVAC systems. etc.) The Lessor shall assist the Government In its
assessments and detailed studies by:
I Making available information on Bulding operations and Lessor activities;
2. providing access to Space for assessment and testing,if mqu4ed;and
3 Implementing corrective measures required by the LCO
E. The Lessor shWI provide to the Government matenall safety data sheets(MSDS)upon request for the following products prior to their use
during the term of the Lease. adhesives,caulking,sealants,Insulating materials,Fireproofing or fireslopping materials,paints,carpets,floor and wall
patching or leveling materials,lubneants,clear finish for wood surfaces,janitorial cleaning products,pesticides rodenticides,and herbicides. The
Government reserves the right to review such products used by the Lessor within:
I The Space;
2. Common Building aresic
1 Ventilation systems and zones serving the Space;and
C The area above suspended callings and engineering space In the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals(any products with data In the Health and Safety section of the MSDS sheets)may be present or
used,including large-scale copying and printing rooms,segregate areas with derk4o-deck partitions with separate outside exhausting at a rate of at
least 0.5 cubic feet per minute per SF, no air recirculation. The mechanical system must operate at a negative pressure compared with the
surrounding spaces of at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of I Pa(0,004 inches of water gauge)
when the doors to the rocims are dosed.
6.21 RADON IN AIR(SUCCEED(NG)(SEP 2013)
A. The radon concentration in the air of the Space shall be less than 4 plcoCudes per liter(pCVL)for childcare and 25 pCUL for all other space,
herein called'GSA action levels,*
B. INITIAL TESTING:
1. The Lessor shall:
a. Test for radon that portion of Space which is in ground contact or closest to the ground up to and including the second floor above
grade(Space on the third or higher floor above grade need not be measured);
b. Report the results to the LCO upon award;and
C. Promptly carry out a corrective action program for any radon concentration which equals ore s the GSA action levels.
2. Testingsequence The Lessor shall measure radon by the standard test in sub-paragraph D 1,completing the test not later than
150 days after award,unless the LCO decides that there is not enough time to complete the last prior to Lease Term
Commencement Date,In which case the Less"shall perform the short test in subparagraph 0.2.
C. CORRECTIVE ACTION PROGRAM:
1 Program Initiation and Procedures.
e. It either the Government or the Lessor detects a radon concantraflon at or above the GSA action levels at any time after award or
during the to of the Lease,the Lessor shall promptly carry out a corrective action program which reduces the concentration to
below the GSA action levels.
b, It either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after
Government occupancy,,the Lessor shall promptly restrict the use of the affected area and shall provide comparable temporary
LEASE NO.051-11012-LAIK074112,PAGE 27 LESSOR:-GOVERNMENT: GSA FORM L202(06115)
42
Page 71 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
43
space for the tenants,as agreed to by the Govemment,until the Lessor cames out a prompt corrective action program which
reduces the concentration to below the GSA action levels and certifies the Space for m6occupancy.
c. The Lessor shall provide the Govemment.with priarwriften notice of any proposed corrective action or tenant ralocation The
Lessor shall promptly revise the corrective action ram upon any change in Building condition or operation which would effort
the program or increase the radon concentnificin to or above the GSA action levels.
d. The Lessor shall perform the standard test in sub-paragraph D..1 to assess the effectiveness of a corrective action program. The
Lessor may also perform the short test in sub-paragraph D.2 to determine whether the Space may be occupied but shall begin the
standard test concurrently with the shod test.
e° All measures to accommodate delay of occupancy,corrective action,tenant relocation,tenant re-occupancy,or fol -up
measurement,shall be provided by the Lessor at no additional cost to the Goverment.
I. If the Lessor fags to exercise due diligence,or is otherwise unable to reduce the radon concentration Promptly to below the GSA
action levels,the Goverment may Implement a corrective action program and deduct its costs from the rent.
D. TESTING PROCEDURE&
1. Standard Test. Place alpha track defectors throughout the required area for 91 or more days so that each covers no more,than
2,000 ABOA SF Use only devices listed In the EPA Radon Measurement Proficiency Program(RMP)application device ch lists. Use a laboratory
rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data (sample location, device type, duration, radon
measurements, laboratory proficiency certification number, and the signature of a responsible laboratoryofficial) within 30 days after the
measummenL
2. Shol TeN Place alpha track detectors for at least 14 days,or charcoal canisters for 2 days to 3 days,throughout the required
area so that each covers no more than 2,000 ABOA SF,starling not later than 7 days after award. Use only devices listed in the EPA RMP application
device checklists. Use a laboratory,rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data Within 30 days
after the measuremenL In addition, plete the standard test not later than 150 days after Government occupancy,
6.22 HAZARDOUS MATERIALS(SEP 2013)
A. The leased Space shall be free of hazardous materials, hazardous substances. and hazardous wastes, as defined by and according to
applicable Federal,state,and local environmental regulations. Should there be reason to suspert otherwise,the Government reserve&the right.at
Lessor's expense,to require documentation or testing to confirm that the Space is free of all hazardous materials
B. Lessor shall,to the extent of its knowledge,notify Goverment of the Introduction of any hazardous materials onto the Properly by Lessor or
others,Including but not limited to,cD4enants occupying Space in the Building.
6.23 MOLD(SEP 2013)
A. Actionable mold is mold of types and concentrations In excess of that found In the local outdoor air
. The Lessor shall provide Space in the Government that is free from actionable mold and free from any conditions that reasonably can be
anticipated to permit the growth of actionable mold or are indicative of the possibility that actionable mold will be present(ndi tors).
C, At such times as the Government may d sect,Including but not limited to,after a flood,water damage not caused by the Government,or
repair caused by the Lessor,the Lessor„at its sole cost,expense and risk shalt.,(i)cause an industrial hygienist certified by the American Board of
Industrial Hygienists or a qualified consultant(the Inspector)who, in either Instance,is reasonably acceptable to the Goverment,to inspect and
evaluate the Space for the presence of actionable mold or mold kmdicatoms and(ii)cause the Inspector to deliver the results of its Inspection and
evaluation(the Report)to the Government within 30 days after it conducts same and,in all events,at the same fine that it delivers the Report to
Lessor Wth the delivery of the Report to the Government,the Inspector shall notify the Government,In writing via cover letter to the report,4 the
Inspector discovers or suspects the existence of actionable mold or indicators in the leased Space.
D.. The presence of actionable mold in the Promises may be treated as a Casualty;,as determined by the Government,In accordance with the
Fire and Other Casualty clause contained in the General Clauses of this Lease, In addition to the provisions of the Fire and Other Casualty clause of
this Lease,should e portion of the Premises be determined by the Goverment to be un-tanantable due to an act of negligence by the Lessor or his
agents, the Lessor shall provide reasonably acceptable alterative Space at the Lessors expense,including the cost of moving,and any required
alterations,
E. If the Report indicates that a " nabla mold or indicators are present in the leased Space,the Lessor,at its sola cost expanse,and risk,
shall within 30 days after its receipt of the Report 1)retain an experienced mold remedlation contractor reasonably acceptable to the Government to
prepare and submit to the Government and Lessor a remediation plan(the Plan)and within 90 days after the Government's approval of the Plan,
remediate the adionable mold or the Indicators in the leased Space,but prior to commencing such remedlation.Lessor shall send the Government a
notice stah (i)the date on which the actionable mold remedlation shall start and how long it Is projected tocontinue;(it)which portion of the leased
Space shall be subject to the remediation;and(iii)the remediation procedures and standards to be used to implement the Plan and the dearance
criteria to be employed at the conclusion of the remediation;and 2)rotity,In accordance with any applicable Federal,state,and local health and safety
requirements,the Government employees as well as all other occupants of and visitors to the leased Space of the nature,location and schedule for
the planned remediation and reasons therefore,
F The Lessor shall be responsible for conducting the remedlation in accordance with the relevant provisions of the document emitted"Mold
Reedlation In Schools and Commercial Buildings'(EPA 402-K-01-001,March 2001),published by the U.S.Environmental Protection Agency,as
same may be amended or revised from time to time,and any other applicable Federal,state,or local laws,regulatory standards and guidelines.
G. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Govemment°s inspection indicate that the remedlation does not comply with the Plan or any other
LEASE NO.GS40P4AK074a2,PAGE 211 LESSOR:-GOVERNMENT. GSA FORM L202(05115)
43
Page 72 of 266
Kodiak Fisheries rch Center( ) Lease ExtensionDisc...
AGENDA ITEM #2.b.
44
applicable Federal,state,or local laws,regulatory standards or guidelines,the Lessor,at its sole cost expense,and nsk.shall Immediately take all
further actions necessary to bring the remediation Into compliance.
H. It the Lessor fails to exercise due diligence,or is otherwise unable to remediate the actionable mold,the Government may implement a
corrective action program and deduct its costs from the rent.
6.24 OCCUPANT EMERGENCY PLANS ISP 2013)
The Lessor is required to cooperate,participate and comply with the development and Implementation of the Government's Occupant Emergency Plan
(OEP)and 0 necessary,a supplemental Shelter-in Place(SIP)Plan.Periodically,the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP.The Plan,among other things,must Include an annual emergency evacuation drild,emergency notification procedures for the
Lessor's Building engineer or manager,Building security,local emergency personnel,and Government agency personnel.
LEASE O.GS40P4_AK07482,PAGE 29 LESSOR:-GOVERNMENT. GSA FORM L202(06115)
44
Page 73 of 266
Kodiak Fisheries Research Center( C) Lease Extension Disc...
AGENDA ITEM
#2.b.
45
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.111 SECURITY STANDARDS(JUN 2012)
The Lessor agrees to the requirements of Securely Level 1 attached to this Lease.
8.01 SPECIAL REQUIREMENTS
Replacement and Renewal and Capital Improvement Projects are defined as below and will be discussed after the GSA Form 1217 has been
submitted.
Replacement and Renewal: An exchange of one fixed asset for another that has the some capacity to perform the same function In
contrast to repair, replacement and renewal generally involves a complete Identifiable item of reinvestment (system component or individual
components,for example motors,shafts,or switches). All replacement and renewal projects over$5,000 will be funded through the Replacement and
Renewal Reserve(see Exhibit E).
Capital Impmomant Pro ill0a:_Work performed to change the interior arrangements or other physical characteristics of an existing facility or
fixed equipment so that it can be used more effectively for its currant designated purpose or adapted to a new use. Capital Improvement Projects also
would include any new structures built to support the current purpose or new use of the main facility(for example:a Sea Water Chiller,a Hazmal
Building,or a warehouse/storage building). Capital Improvement Projects will not be funded through the Replacement and Renewal Reserve but will
be funded by negotiated agreement.
In the event a Replacement and Renewal and Capital Improvement Project overlap,the parties will negotiate and execute an appropriate
Lease Amendment.
LEASE NO.G84013 07482,PAGE 30 LESSOR: GOVERNMENT: GSA FORM L202(051151
45
Page 74 of 266
Kodiak Fisheries Research Center( C) Lease Extension i c...
AGENDA ITEM #2.b.
46
46
Page 75 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ! .
47 Exhibit A - Space Allocations
KFRC.Net Rentable Square Footage
PROPOSEDt PAS
Total Area Ift I Proposed NOAA space
Space occupancy � [h`1
Common(@75.3%) 12819 9648 inclusion of K18-Public 753%
KIS U !i%� ////%%2Lw7j, 0
NOAA 15684 15684
Other Tenant 2976, 0
Other 6053 Bldg Gross-Not Counted
Grand Total 39710 25332
p(iO�O��i] PAS
51s@Ke.066ll gm USS
KI8 "i/%/%%it" 3528 ommon rea Factor
NOAA 15684 25332 1.615174201
Other Tenant 29* 4797
Grand Total 20638 33657 %occupancy
0.752663403
Lessor / Gov't
1 I"3 47 12/9/2015
Page 76 of 266
Kodiak Fisheries Research Center{ FC) Lease Extension Disc...
AGENDA ITEM #2-b-
as Exhibit - Space AHocations
I
�r
GSA Space
Level Room a Area(ht( Current Room Occupancy Room Type Roam Use Classification
2 261 506 Common Conference Conferenceroom Common Common
2 262 70 Comman Storage ConfroornStotage Common Common
2
#,,,,, ,,,,,,, ,„�•,,_ 2r%.6,...3 70 Common
,2 Common. Storage
at/ ge,/t ,,,r;,/,.✓✓�r,,,,,%r%r/,/il,i/i,/r,,.%,CRi./�w:oe�./nif r o,tr/rtir"ivarrrm,rS...i..i..it®ra/g.,.re
.,imx�„,N.re,,✓e,,Gn p/,oi,i..»,:%//,;;;%Common
Com
n
:,,,r%o»,22�,,�//�
rralr,,i,n/
,..��.
l
„� ,,.,a„�rL,c� arr„/» �v„i�,a,. . ./�r,�i� .��� ,vola✓//r»,� cru/, � �6,., „ a,w,,».�i
2 266 231 Common Conference Conferenceroom Compton Common
rii /io r� ood
� ,2' 1 ra/r ratharat / hNor r 'NOItA
Dry atoty
�i�; r
2 268 130 NOM Storage Storage Common Ce
anermn
2209 406 Common Kitchen Kitchen Common
moron
�, ,:,...,,,,,, ,; r�.,,,,,,;.,,,r, of ,,, �� ,,,, ,.,,,,✓iii %� c,,,. ,,,,,/%% ,,, ,,,,,,ri��o�� /�
/
r
/
r%l
2.... 218 68 KID Storage Jarilturdouct Common Common
v,r r rii r� it /ii
,,,iii ri ,rid/,,,,%;;i i,,,,,,v rir ,r,,, / %r % ':////
2f9,::::: / 2g2 N ra Of lice /D%/ N iii,
? Rho /lir' / r
,,,,,:, rr, o.,% %/ ,... ,.. <,ar r
„r ar // ///% ,f
MAP
iii% 104,,,,,rr N / 5 n su les . „ / N
2 rii a YZtI r � r jj ilii%%%� IBe,r PPI... r rill/ /
...... 1//
i»,
�,,,,,,,;, / ;�
/i, r////%%%///�� �/
� ✓/ / �j
/,,,,,,,i/
2 212 125 Common Bathroom Bathroom Level 2 Common Common
2 2:21, 12 KID Storage janitorcloset Common Common
,rrv„ :, .,r/ii///�r�",° //o/rii ,?, „� <p , ,,,,,,r „r,,,,r;,,,r, rr r,rco,,c:.r r, �"%/ r, v o% ,r�/rvo�uir��rr, ,• rr��I"o rr
f ✓/%/ „rU/rrr r /�
„,, ///, ,:✓����/ ,:.-r, ,,,,, ,,,,,,ilii ,, %l/ ./., ,/i //////�� � / ,�� � oiiiiii ".
6, 213., ,,,, Dna .. Offlca rrr ,,, attiea / NOM., / woM ilii% r
,,,,, r ,✓ �� /% .vrr / ii,..,, � riiiaiii� � /. ,,, � riir / .rrr// �.:.,
r rr ✓rrrrrr iii . � %/ � i rro i��%� r
rr ,.%%%/// :2 8 i 00 276...,,,, ,NOM, ;tHfice✓ Ofllce 00 o�%/NdM. // NOM:.,,,. oo,
/ rrrr / o a3arr, N[YM r/a�iiii//, r arstnr ,i
r/ter rr, � ✓..., n rrrrrrrr / % ii%��/ � / ��/%
/!233, it 213, /NOM// /,rrii// OHlce,/��ir OHice!/ ��// ,/ NOAA✓%�%/// NOM. �.
2 15 rr
J r
2 236 130 Common Common Use Kiathe t Conumn
r//%/„r r / / /ii�//�r � a//r/������ rrr ;,,,rr, ,/ „// ,�r, ✓ /,/,�r� / r// ,,,riii�� Jiiii///////�%///
/
Urrr�� ,,,.:rrrr,,,✓ilii r<»,,r,r/� ./i,rr//.� �, ,,,� �w� .6„��.��Xe,,..�,�,��&.� el/ rr,,,� �� .,.,,�/ii r „�„��;�
2 236 231 Ctarana oft, C,onlercnce Conference Common Common
„r,,,,, �/%/iai pis/r •/r,,.r ire ;;% ;iii% ii
ri.2.
/ r {
e
�, yr//r..,ir/rrG r�i,.,,,.. ,rr//////r<•r,��rrr rr�,», „�,�,,� ., ,�o� r„r�. gym,�a ,J/rr/� R a„w„�,:, ,T,�.:�u�i,//i � �r�r� � ,,,,r,�i ///��„<,>a
2 241 231 common Conference Conference mom Common Common.
2 242 206 Common Admin Mall room Common Common
2 243 111 KID Maintenance Telecoms Common Common
2 244 169 Common Bathroom Bathroom Level 2 Common Common
»rix .,205 �j����L75 .% Ot9tdrtenant,., i/O/ Aftrce% �INSI ' r,,,, j otfsertenaatk: erre rst:�///�//
r
/
/
%/% 2 , 248 / 23tl,,,,,�Othertenanh,,/ ,Office ,//Office /r/,ndeectenank,OCher4ohant,,,, u
/ ars / ✓ ,,, r,r r r�
r//2 r� r:2A �57 ,Odie to a t r"j Ice / ca otheete an4 ertWeant
r fi r n n r /Off' 3l
2 Level 2 NA 854 Hallway/Stair/Entry space Hallway West wing level 2 Common Common
2 Level 2NA 1552 Hallway/Stair/Entry space Hallway East wing level 2 Common Common
2 Level 2NA 9158 Pabiicdisplay(hallway) Publ/ka;display Public display Level Common Common
2LNml2NA Y111t Hallway/Stair/EntsySpace Hallway Entryway Common Common
2 Leve!2 NA 480 Hallway/Stair/Entrys ace Stairwells Stairwells Noe Coeent e d
cO66R4�E
r
ri„ , ,,,,,r rrrr rr a rrirrr r/ii airioo „rorr °rr ,,,/arr,r r rrriur, ri r�iir/v ri ri//rIl//iirv,r,/irirr�;,�-�- riiirirr
if � 1P1 rr ,90th,,,, rr��fhfreetearant ,,,,.,,,,� labara[ory% �/ Seawater Lab,,,,/ other tenant Other tenant,rpo
/ rrrrrrrrr .
/
r „� � 102, >,„° 451iii//"'rr C'nhertenant����/� labontoty ��bwatonf r,,,rrr ;,������/���athertanantiOther4enant ,rrr
,,,,,,,,,,✓2, cs;,,�% ;;;;;r ri,/// „% rr %% c/// // >< rrrrrr ,r�aoiaii /� / riiirrr�.. r
/ %/rr
r, ,,,,,,,,,�, ,,,, ,. � a�,e, i, / / i ����/ ✓, ., ,r:/„r U///%%/%/ ;.,,irr,,...//�r��r /iiiiiiii// ,�e,r r ../
� ri rrrrrr /
,;.f 1W1 48U. taborato � �/ lobo r' iiiivi/i%/i//////Or M/ �///NOM
,»..r�
2 of 3 48
Lessor Gov't
Page of 266
Kodiak iseri Research Center(KFRC) Lease Extensioni ...
AGENDA ITEM #2.b.
49 Exhibit A - Space Aflocations
GSA space
Level Room
Or pft'M Current Room Occupancy limomlypoBoom Use Classifications
1 106 132 NOAA Storage Freezer Common Common
1. 107 sag Common Convince Use Leading dock Common Common
1 108 60 NOAA Storage Loading dock storage mom Common Common
,,,,.,,.._r o,,r,tr...,. ,tri,,, .ry tiirtn,,, ,,,,,t,rr., ,//,�<.,r� r/r:,r„,,,,�,5,,� ,r „�, ge,✓�,�/ r�,a_ %r r,� �r��✓a .,�,.,<, ,��„<„<, ��,,,L
1. 110 489 Common Maintenance MWntenance shop Common Common
I. 111 0 Common Maintenance Macntenanec shop Comnnan Commove
I. 112 Ba Common office Maintenance oflke Common Comm
r r��r r r.
iii// 131081, ra pA /irvrvi St 4 ,;:' /J/%/.Stora e ii�;% /�/loot///r til,,,rrr N ,, /,�1 r
a„r % ,,
/
k1
1 4 //
,.,,,, j,ro,.✓,n /t ,,,,.,,�//,,,,o r//�,�/� �c,,,;+v� F(r,//��%ii/,,,.,, /. iu.�// /i %/r//�„�r �,,,i/,io ,,. /iiia/�,.,/i,/
'1 215 1430 KIB Maintenance HV/AC Common Common
y
239a
r.,�io.,� /e, ,t.........,,/✓/ori,,, .._.///�/<,.�., ... /l/�, ,aiaa,n� r,r�cs�����,,. ?rg ,a,�✓/�,�G6/r,.l///a,,,,��i� d ,,,,. tu„ ,„U///// /�,,,d.G//„tea
I. 117 272 KIS Maintenance Main Telecommuntcations Common Common
1. its 299 NIB Maintenance Electrical Common Common
1 119 16s NOAA Laundry Laundry Common Common
1 120 329 Common Common Use Bathroom Level) Common Common
1. 121 320 Common Common Use Bathroom Level 1 Common Common
1 123 428
Kla Mainte/nLnc/e Generator r , Common Common
..
VP,11 v! r.
�/,>r 's t i/ilii oi/
,ii//,,.. ��at ,. ,ia,,,,,, ,,,,� ” ✓„,,,,/ �� ��i.; trill ,,,,,,,r „������ r, ,�„ ,�
1, ,,,,,;;;,128,;;. //,,,,, 2sst1 ,,,ttaiii/Cwnmon„-- %%%%% ,kaFzare t,,,,,,/ „Seaw�terFaelhtywetlab,/arr, a!/ft6AA,o /NOM�ttaiia////%%
r,. rr //////%/ „.�/ r ri✓i,,/r, ,;;r--rii/��i, r ,r ,, % � r,,,,,, ;r/ rr irrr / %%/ i i
r���%,13o r oi�/��Bg. %%common/i /Ealsora Cold Ream M2.,,//i/////%% iiiiiiiiiii�/Nt�u /�r,Haag, /ii�r ,,,
riiil�
/ii
01�� r/:
�, /cr,/iiia,/
1 133/. eita. at
97 /KIS iTelecom ' Common
Common
/ ,;%%//� /✓//��t"lr,� . r//%//r/ r//1 60 "/_ 135 42 Kin Maintenance Electrical Common
/i
a
Common
,,r r
r r
//// � rrriiiiiiiiiiiiiiiiii %�%%%O/ ttr ilii.., //rrr. //�. / ✓ /
//, / ✓, i /i rrrrrrr.
„rr�r
r r, ./ra ro r/ c r...rc, r ririrr/ v �./.r r, ,r ..r r�/ ,/....✓ rr ,_., r'r r....,r
��/„//,.,rr,.�//�%�,� r/li///�%lG%�� G///i,, �# i, , �► ,, r,/l�/., r/���r%lGr��r� G/l��// r///l//�/%
1 Level i NA Hallway/Stair/Entry space Hallway West wing level 1 Common common
I Level I NA gna, Hallway/Sta"clotty space Hallway East VA If ievel l Common Common
1 Level 1 NA 490 Hallway/Stair/Entry space Stairwells Stairwells Not Counted rr r
NA Penthouse 760 KIS Maintenance NotCounted M4iwcargntedr���/�
NA penthouse 2 605 NIB Maintenance Not Counted
r
NA Penthouse 605 KIB Maintenance Not Counted 7AcauMedl j//1
NA Ozone level 695 KIS Seawater system Not Counted
NA Bailer room level 69S KIS Maintenance Not Counted cptlnledt // �
NA Water storage tanks 695 KIB Seawater system NotCounted
Y
NA Sand Filters 695 KIS Seawaters stem NotCounted Wlftlkedf /ai�a/
NA Pump House 143 MIS Seawater system NotCounted
39710
Lessor / Gov't
. .,
unoccupied space, not counted. Maintenance, Utilities etc. are included in lease rate.
303 49 12/9/2015
Page 78 of 266
Kodiak i h ri s Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
Sol
Page 79 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
. .
�1
Exhibit B
GENERAL CLAUSES
{Acquisition of Leasehold Interests In Real Property)
CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE
GENERAL 1 SUBLETTING AND ASSIGNMENT
2 552.270-11 SUCCESSORS BOUND
3 552270-23 SUBORDINATION, NON-DISTURBANCE AND
ATTONENT
4 552.270-24 STATEMENT OF LEASE
5 552.270-25 SUBSTITUTION OF TENANT AGENCY
6 552.270-26 NO WAIVER
7 INTEGRATED AGREEMENT
8 552.270-28 MUTUALITY OF OBLIGATION
PERFORMANCE 9 DELIVERY AND CONDITION
10 DEFAULT BY LESSOR
11 552.270-19 PROGRESSIVE OCCUPANCY
12 MAINTENANCE OF THE PROPERTY,RIGHT TO
INSPECT
13 FIRE AND CASUALTY DAMAGE
14 COMPLIANCE WITH APPLICABLE LAW
15 552.270-12 ALTERATIONS
18 ACCEPTANCE OF SPACE AND CERTIFICATE OF
OCCUPANCY
PAYMENT 17 52.204-7 SYSTEM FOR AWARD MANAGEMENT
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 552.232-23 ASSIGNMENT OF CLAIMS
21 552.270-20 PAYMENT
22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT
24 552.270-32 COVENANT AGAINST CONTINGENT FEES
25 52-203-7 ANTI-KICKBACK PROCEDURES
26 52-223-6 DRUG-FREE WORKPLACE
27 52.203-14 DISPLAY OF HOTLINE POSTER(S)
ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
30 552.270-13 PROPOSALS FOR ADJUSTMENT
31 CHANGES
AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA
33 52.215-2 AUDIT AND RECORDS—NEGOTIATION
INITIALS &
LESSOR GOVERNMENT 51 GSA FORM 35170 PAGE 1(REV 04/15)
Page$0 Of 266
Kodiak Fisheries Research Center(KFRQ Lease ExtensionDisc...
AGENDA I .
52
Exhibit B
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED,SUSPENDED,OR PROPOSED FOR
DEBARMENT
42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
The information collection requirements contained in this solicitation/contract that are not required by regulation
have been approved by the Office of Management and Budget(OMB)pursuant to the Paperwork Reduction Act
and assigned the OMB Control No.3090-0163„
INITIALS;, 8
LESSOR ----- GOVERNMENT 52 GSA FORM 35178 PAGE 2 IREV 04115)
Page 81 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
53
Exhibit B
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. SUBLETTING AND ASSIGNMENT(JAN 2011)
The Government may sublet any part of the premises but shall not be relieved from any obligations under this
lease by reason of any such subletting.The Government may at any time assign this lease,and be relieved from
all obligations to Lessor under this lease excepting only unpaid rent and other liabilities,if any,that have accrued
to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of Lessor,
which shall not be unreasonably withheld.
2. 552.270-11 SUCCESSORS BOUND(SEP 1999)
This lease shall bind, and inure to the benefit of, the parties and their respective heirs,executors, administrators,
successors,and assigns.
3. 552.270-23 SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT(SEP 1999)
(a) Lessor warrants that it holds such title to or other interest in the premises and other property as is
necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the
provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this
clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other
liens now or hereafter existing or Imposed upon the premises, and to any renewal, modification or extension
thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument
shall be required to effect the present or subsequent subordination of this lease. Government agrees, however,
within twenty(20) business days next following the Contracting Officers receipt of a written demand, to execute
such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any
existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water,
sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or
in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government
under this lease,
(b) No such subordination,to either existing or future mortgages,deeds of trust or other lien or security
instrument shall operate to affect adversely any right of the Government under this lease so long as the
Government is not in default under this lease. Lessor will include in any future mortgage, deed of trust or other
security instrument to which this lease becomes subordinate, or in a separate non-disturbance agreement, a
provision to the foregoing effect, Lessor warrants that the holders of all notes or other obligations secured by
existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause,
and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand.
(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such
mortgage,deed of trust or other security instrument,or the giving of a deed in lieu of foreclosure,the Government
will be deemed to have attomed to any purchaser, purchasers, transferee or transferees of the premises or any
portion thereof and its or their successors and assigns,and any such purchasers and transferees will be deemed
to have assumed all obligations of the Lessor under this lease, so as to establish direct privily of estate and
contract between Government and such purchasers or transferees,with the same force,effect and relative priority
in time and right as if the lease had initially been entered into between such purchasers or transferees and the
Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with
reasonable promptness following any such sale or deed delivery in lieu of foreclosure,execute all such revisions
to this lease,or other writings,as shall be necessary to document the foregoing relationship.
(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign
INITIALS; df§§dR........... GOVERNMENT 53 GSA FORM 3517E PAGE 3(REV 04115)
Page 82 of 266
Kodiak Fisheries Research Center( FC) Lease Extension Disc...
AGENDA ! .
54
Exhibit B
4. 552.270-24 STATEMENT OF LEASE(SEP 1999)
(a) The Contracting Officer will,within thirty(30)days next following the Contracting Officers receipt of a
joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to
Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the
case, that(1)the lease is in full force and effect; (2)the date to which the rent and other charges have been paid
in advance,if any;and(3)whether any notice of default has been issued.
(b) Letters'issued pursuant to this clause are subject to the following conditions:
(1) That they are based solely upon a reasonably diligent review of the Contracting Officer's
lease file as of the dale of issuance;;
(2) That the Government shall not be held liable because of any defect in or condition of the
premises or building;
(3) That the Contracting Officer does not warrant or represent that the premises or building
comply with applicable Federal,State and local law;and
(4) That the Lessor„ and each prospective lender and purchaser are deemed to have
constructive notice of such facts as would be ascertainable by reasonable pre-purchase and pre-commitment
inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government
officials.
S. 552.270-25 SUBSTITUTION OF TENANT AGENCY(SEP 1999)
The Government may, at any time and from time to time, substitute any Government agency or agencies for the
Government agency or agencies,if any,, named in the lease.
6. 552.270-26 NO WAIVER(SEP 1999)
No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right
or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by
either party during the continuance of any such breach shall constitute a waiver of any such breach of such
provision.
7. INTEGRATED AGREEMENT(JUN 2012)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement,
express or implied,, shall be admissible 10 contradict the provisions of the Lease. Except as expressly attached to
and made a part of the Lease,, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease-
B. 552.270-28 MUTUALITY OF OBLIGATION(SEP 1999)
The obligations and covenants of the Lessor,and the Government's obligation to pay rent and other Government
obligations and covenants„arising under or related to this Lease„are Interdependent.The Government may,upon
issuance of and delivery to Lessor of a final decision asserting a claim against Lessor,set off such claim,in whole
or in part, as against any payment or payments then or thereafter due the Lessor under this tease. No setoff
pursuant to this clause shall constitute a breach by the Government of this lease.
9. DELIVERY AND CONDITION(JAN 2011)
(a) Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
INITIALS: ....,...,. .. 6 �
LESSOR GOVERNMENT 54 GSA FORM 3517B PAGE 4(REV 04115)
Page 83 of 266
Kodiak Fisheries Research Center(KFC) Lease Extension Disc...
A
GENDA ITEM . .
55
Exhibit B
(b) The Government may elect to accept the Space notwithstanding the Lessors failure to deliver the
Space substantially complete; if the Government so elects,it may reduce the rent payments.
10. DEFAULT BY LESSOR(APR 2012)
(a) The following conditions shall constitute default by the Lessor, and shall give rise to the following
rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all
obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a
default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default,the Government may terminate the Lease on account of the Lessor's
default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service,to provide
any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor.
Subject to provision of notice of default to the Lessor,and provision of a reasonable opportunity for the Lessor to
cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the
requirement by its own employees or contractors. It the Government elects to take such action,the Government
may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the
Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the
service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of
the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if:
(i) The Lessors default persists notwithstanding provision of notice and reasonable
opportunity to cure by the Government,or
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of
default conditions,
and such conditions(i)or(I!) substantially impair the safe and healthful occupancy of the Premises,or render the
Space unusable for Its intended purposes.
(4) Excuse Failure by the Lessor to timely deliver the Spare or perform any service, provide
any item,or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from
(i) Circumstances within the Lessors control;
(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessors capability
to perform,regardless of the Governments knowledge of such matters;
(III) The condition of the Property;
(iv) The acts or omissions of the Lessor,its employees,agents or contractors,or
(v) The Lessors inability to obtain sufficient financial resources to perform its
obligations.
(5) The rights and remedies specified in this clause are in addition to any and all remedies to
which the Government may be entitled as a matter of law.
INITIALS. LESSOR &
GOVERNMENT 55 GSA FORM 35178 PAGE 5(REV 04115)
Page 84 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
! .
56
Exhibit B
11. 552.270-19 PROGRESSIVE OCCUPANCY(SEP 1999)
The Government shall have the right to elect to occupy the space in partial increments prior to the substantial
completion of the entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space
incrementally as elected by the Government.The Government shall pay rent commencing with the first business
day following substantial completion of the entire leased premise unless the Government has elected to occupy
the leased premises incrementally. In case of Incremental occupancy, the Government shall pay rent pro rata
upon the first business day following substantial completion of each incremental unit. Rental payments shall
become due on the first workday of the month following the month in which an increment of space is substantially
complete, except that should an increment of space be substantially completed after the fifteenth day of the
month, the payment due dale will be the first workday of the second month following the month in which it was
substantially complete. The commencement date of the firm lease term will be a composite determined from all
rent commencement dates.
12. MAINTENANCE OF THE PROPERTY,RIGHT TO INSPECT(APR 2015)
The Lessor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this Lease,in good repair and tenantable condition so that they are
suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems,
access and other things to the premises,without reasonably preventable or recurring disruption, as is required for
the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this
lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises
with the approval of the authorized Government representative in charge. Upon request of the Lease Contracting
Officer (LCO), the Lessor shall provide written documentation that building systems have been properly
maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall
maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other
requirements of this Lease, including standards governing indoor air quality, existence of mold and other
biological hazards, presence of hazardous materials,etc. The Government shall have the right, at any time after
the Lease Award Date and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
13. FIRE AND CASUALTY DAMAGE(MAR 2013)
If the building in which the Premises are located is totally destroyed or damaged by fire or other casually, this
Lease shall immediately terminate.. If the building in which the Premises are located are only partially destroyed
or damaged„so as to render the Premises untenantable,or not usable for their intended purpose,the Lessor shall
have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted
a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or
restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the
Premises within 5o days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable
schedule for completing the work„the Govemmenl may elect 10 terminate the Lease effective as of the date of the
event of destruction or damage If the Lessor elects to repair or restore the Premises,but fails to repair or restore
the Premises within 270 days from the event of destruction or damage,or fails to diligently pursue such repairs or
restoration so as to render timely completion commercially impracticable, the Government may terminate the
Lease effective as of the date of the destruction or damage, During the time that the Premises are unoccupied,
rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for
either party.
This clause shall not apply if the event of destruction or damage is caused by the Lessor's negligence or willful
misconduct.
14. COMPLIANCE WITH APPLICABLE LAW(JAN 2011)
Lessor shall comply with all Federal, slate and local laws applicable to its ownership and leasing of the Property,
including, without limitation„laws applicable to the construction; ownership,alteration or operation of all buildings,
structures„ and facilities located thereon„ and obtain all necessary permits,: licenses and similar items at its own
expense..The Government will comply with all Federal, State and local laws applicable to and enforceable against
INITIALS: & 56
LESSOR GOVERNMENT GSA FORM 3517B PAGE 6(REV 04115)
Page 85 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
ITEM #2A
57
Exhibit B
it as a tenant under this lease,provided that nothing in this Lease shall be construed as a waiver of the sovereign
immunity of the Government.This Lease shall be govemed by Federal law.
15. 552.27042 ALTERATIONS(SEP 1999)
The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and
erect structures or signs in or upon the premises hereby leased,which fixtures,additions or structures so placed
in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be
removed or otherwise disposed of by the Government. If the lease contemplates that the Government is the sole
occupant of the building,for purposes of this clause,the leased premises include the land on which the building is
sited and the building Itself. Otherwise, the Government shall have the right to lie into or make any physical
connection with any structure located on the property as is reasonably necessary for appropriate utilization of the
leased space.
16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(APR 2015)
(a) Ten (10)working days prior to the completion of the Space, the Lessor shall issue written notice
to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the
Space only if the construction of building shell and Tis conforming to this Lease and the approved DIOS is
substantially complete,and a Certificate of Occupancy has been issued as set forth below.
(b) The Space shall be considered substantially complete only if the Space may be used for its
intended purpose and completion of remaining work will not unreasonably interfere with the Governmenrs
enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
conformance of the completed Tls to the approved DIDs, with the exception of items identified on a punchlisl
generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the
Lessor of any other Lease requirements.
(c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the
intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the
Certificate of Occupancy is not available,.the Lessor may satisfy this condition by providing a report prepared by a
licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local
codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an
acceptable level of safety is provided. Under such circumstances, the Govemment shall only accept the Space
without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is
compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of
this Leasee
17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT(JUL 2013)
(a) Definitions.As used in this provision—
'Data Universal Numbering System (DUNS) number' means the 9-digit number assigned by Dun and
Bradstreet,Inc,(D&B)to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number* means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern.(D&B has no affiliation with this 4-character
suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional
System for Award Management records for identifying alternative Electronic Funds Transfer(EFT)accounts(see
the FAR at Subpart 32,11]for the same concern.
'Registered in the System for Award Management(SAM)database"means that—
INITIALS &
LESSOR GOVERNMENT 57 GSA FORM 3517B PAGE 7(REV 041151
Page 86 of 266
Kodiak Fisheries Research Center( FC) Lease Extension Disc...
AGENDA ITEM #2.b.
so
Exhibit B
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4
number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subilart 4.141 into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process;and
(4) The Government has marked the record"Active".
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the SAM database prior to award, during performance, and through final payment of any
contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this
solicitation,
(2) The offeror shall enter, in the block with its name and address an the cover page of its offer, the
annotation 'DUNS' or"DUNS +4"followed by the DUNS or DUNS +4 number that identifies the offeror's name
and address exactly as stated in the offer.The DUNS number will be used by the Contracting Officer to verify that
the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number,, it should contact Dun and Bradstreet directly to
obtain one
(1) An offeror may obtain a DUNS number—
(i)Via the Internet at hW-/1fedgov.dnb.comfwebforrn or it the offeror does not have Internet access, it may
call Dun and Bradstreet at 1-866-705-5711 if located within the United States;or
(ii)If located outside the United States,by contacting the local Dun and Bradstreet office.The offeror should
indicate that it is an offeror for a U.S, Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle,doing business,or other name by which your entity is commonly recognized.
(W) Company Physical Street Address,City,State,and ZIP Code.
(iv) Company Mailing Address,City,State and ZIP Code(if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started
(vii) Number of employees at your location.
(viii) Chief executive officertkey manager.
(ix) Line of business(industry)
(x) Company Headquarters name and address(reporting relationship within your entity).
INITIALS UMOO & GOVERNMENT sa GSA FORM 35178 PAGE 8(REV 04115)
Page 87 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
59
Exhibit B
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered
Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon receipt of
this solicitation.
(1) Offerors may obtain information on registration at hItosJ/www.acguisitioa.qoy
18. 52.204-13 SYSTEM FORA MANAGEMENT MAINTENANCE(JUL 2013)
(a)Derinitions.As used in this clause—
"Data Universal Numbering System(DUNS)number*means the 9-digit number assigned by Dun and
Bradstreet, Inc.(D&B)to identify unique business entities,which is used as the identification number for Federal
contractors.
"Data Universal Numbering System+4(DUNS+4)number"means the DUNS number assigned by D&B plus a
4-character suffix that may be assigned by a business concem.(D&B has no affiliation with this 4-character
suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional
SAM records for identifying alternative Electronic Funds Transfer(EFT)accounts(see the FAR at subpart 32.11
for the same concern.
"Registered in the System for Award Management(SAM)database"means that—
(1)The Contractor has entered all mandatory information,including the DUNS number or the DUNS+4
number,the Contractor and Government Entity(CAGE)code,as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4,14 ,into the SAM database,
(2)The Contractor has completed the Core,Assertions,Representations and Certifications,and Points of
Contact sections of the registration in the SAM database;
(3)The Government has validated all mandatory data fields,to include validation of the Taxpayer
Identification Number(TIN)with the Internal Revenue Service(IRS).The Contractor will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process;and
(4)The Government has marked the record'Active*.
'System for Award Management(SAM)'means the primary Government repository for prospective Federal
awardee and Federal awardee information and the centralized Government system for certain contracting,grants,
and other assistance-related processes.It includes—
(1)Data collected from prospective Federal awardees required for the conduct of business with the
Government;
(2)Prospective contractor-submitted annual representations and certifications in accordance with FAR
Subpart 4.14,and
INITIALS &
,
LESSOR L GOVERNMENT 59 GSA FORM 3517B PAGE 9(REV 04/15)
Page 88 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
r
Exhibit B
(3)Identification of those parties excluded from receiving Federal contracts,certain subcontracts,and
certain types of Federal financial and non-financial assistance and benefits.
(b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database,and
for any liability resulting from the Government's reliance on inaccurate or incomplete data.To remain registered in
the SAM database after the initial registration,the Contractor is required to review and update on an annual basis,
from the date of initial registration or subsequent updates,its information in the SAM database to ensure it is
current,accurate and complete. Updating information in the SAM does not alter the terms and conditions of this
contract and is not a substitute for a properly executed contractual document.
(c)(1)(i)If a Contractor has legally changed its business name,doing business as name,or division name
(whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not
completed the necessary requirements regarding novation and change-of-name agreements in subpart 421.1121, the
Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification
of its intention to—
(A)Change the name in the SAM database;
(B)Comply with the requirements of subpart 42.12 of the FAR;and
(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer
The Contractor shall provide with the notification sufficient documentation to support the legally changed name
(H)If the Contractor fails to comply with the requirements of paragraph(c)(1)(i)of this clause,or falls to
perform the agreement at paragraph(c)(1)(i)(C)of this clause,and,in the absence of a properly executed
novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
'Suspension of Payment*paragraph of the electronic funds transfer(EFT)clause of this contract.
(2)The Contractor shall not change the name or address for EFT payments or manual payments,as
appropriate,in the SAM record to reflect an assignee for the purpose of assignment of claims(see FAR subpart
32.8,Assignment of Claims).Assignees shall be separately registered in the SAM.Information provided to the
Contractor's SAM record that indicates payments,including those made by EFT,to an ultimate recipient other
than that Contractor will be considered to be incorrect information within the meaning of the'Suspension of
Payment-paragraph of the EFT clause of this contract.
(3)The Contractor shall ensure that the DUNS number is maintained with Dun&Bradstreet throughout the
life of the contract.The Contractor shall communicate any change to the DUNS number to the Contracting Officer
within 30 days after the change,so an appropriate modification can be issued to update the data on the contract.
A change in the DUNS number does not necessarily require a novation be accomplished. Dun&Bradstreet may
be contacted
(i)Via the internet at ht(g./Ifedgov.dnb corntwebform or if the contractor does not have internet access,it
may call Dun and Bradstreet at 1-866-705-5711 if located within the United Slates;or
(11)If located outside the United States,by contacting the local Dun and Bradstreet office
(d)Contractors may obtain additional information on registration and annual confirmation requirements at
Iritigsl/www,agguisition gov,,
19. 552.270-31 PROM PT PAY M ENT(JUN 2011)
INITIALS. LESSOR & GOVERNMENT 60 GSA FORM 3517B PAGE 10(REV WIS)
Page 89 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
61
Exhibit B
The Government will make payments under the tenns and conditions specified in this clause Payment shall be
considered as being made on the day a check is dated or an electronic funds transfer is made All days referred
to in this clause are calendar days, unless otherwise specified
(a) Payment due date--
(1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday
of each month,and only as provided for by the lease.
(i)When the date for commencement of rent falls on the 15th day of the month or
earlier,the initial monthly rental payment under this contract shall become due on the first workday of the month
following the month in which the commencement of the rent is effective.
(ii)When the date for commencement of rent falls after the 15th day of the month,the
initial monthly rental payment under this contract shall become due an the first workday of the second month
following the month in which the commencement of the rent is effective.
(2) Other payments.The due date for making payments other than rent shall be the later of the
following two events:
(i)The 30th day after the designated billing office has received a proper invoice from the
Contractor.
(h)The 30th day after Government acceptance of the work or service.However,it the
designated billing office fails to annotate the invoice with the actual date of receipt,the invoice payment due date
shall be deemed to be the 30th day after the Contractor's invoice is dated,provided a proper invoice is received
and there is no disagreement over quantity,quality,or Contractor compliance with contract requirements.
(b) Invoice and inspection requirements for payments other than rent
(1) The Contractor shall prepare and submit an invoice to the designated billing office after
completion of the work.A proper invoice shall include the following items:
(i) Name and address of the Contractor.
(ii) Invoice date,
(iii) Lease number.
(iv) Government's order number or other authorization.
(v) Description,price,and quantity of work or services delivered.
(vi) Name and address of Contractor official to whom payment is to be sent(must be the
same as that in the remittance address in the lease or the order).
(vii) Name(where practicable),title,phone number,and mailing address of person to be
notified in the event of a defective invoice.
(2) The Government Will inspect and determine the acceptability of the work performed or
services delivered within seven days after the receipt of a proper invoice or notification of completion of the work
or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later,
for the purpose of determining the payment due date and calculation of interest,acceptance will be deemed to
occur on the last day of the seven day inspection period. If the work or service is rejected for failure to conform to
the technical requirements of the contract,the seven days will be counted beginning with receipt of a new invoice
or notification. In either case,the Contractor is not entitled to any payment or interest unless actual acceptance by
the Government occurs.
INITIALS: �—ESSbk a GOVERNMENT 61 GSA FORM 35178 PAGE 11(REV 04115)
Page 90 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
62
Exhibit B
(c) Inferest Penalty
(1) An interest penalty shall be paid automatically by the Government,without request from the
Contractor,if payment is not made by the due date
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury under
Section 12 of the Contract Disputes Act of 1978(41 U.S.C.611)that is in effect on the day after the due date.
This rate Is referred to as the"'Renegotiation Board Interest Rate,"'and it is published in the Federal Register
semiannually on or about January I and July 1.The interest penalty shall accrue daily an the payment amount
approved by the Government and be compounded in 30-day increments inclusive from the first day after the due
date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a claim for such penalties
under the clause at 52.233-1, Disputes,or for more than one year. Interest penalties of less than$1,00 need not
be paid.
(4) Interest penalties are not required on payment delays due to disagreement between the
Government and Contractor over the payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the terms of the contract,Claims involving disputes,,,
and any interest that may be payable,will be resolved in accordance with the clause at 52,233-1,Disputes
(d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has
otherwise overpaid an a payment,the Contractor shall—
(1) Return the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(i)Circumstances of the overpayment(e.g.,,duplicate payment,erroneous payment,
liquidation errors,date(s)of overpayment),
(5)Affected lease number;(III)Affected lease line item or sub-line item,if applicable;and
(iii)Lessor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer
20. 552.232-23 ASSIGNMENT OFC I (SEP 1999)
(Applicable to leases over$3,000.)
In order to prevent confusion and delay in making payment,the Contractor shall not assign any claim(s)for
amounts due or to become due under this contract. However,the Contractor is permitted to assign separately to a
bank,trust company,or other financial institution,including any Federal lending agency,under the provisions of
the Assignment of Claims Act,as amended,31 U.S.C.3727,41 U.S.C. 15(hereinafter referred to as"the Act'),all
amounts due or to become due under any order amounting to$1,000 or more issued by any Government agency
under this contract.Any such assignment takes effect only if and when the assignee files written notice of the
assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order
and the finance office designated in the order to make payment.Unless otherwise stated in the order, payments
to an assignee of any amounts due or to become due under any order assigned may,to the extent specified in
the Act,be subject to reduction or set-off.
21. 552.270-20 PAYMENT IMAY 2011)
(a) When space is offered and accepted, the amount of American National Standards
Institute/Building Owners and Managers Association Office Area (ABOA) square footage delivered will be
confirmed by:
INITIALS. ...........
& 62
LESSOR GOVERNMENT GSA FORM 35178 PAGE 12(REV 04/15)
Page 91 of 266
Kodiak Fisheries Research Center(KFC} Lease Extension Disc...
AGENDA ITEM #2.b.
63
Exhibit 8
(1) The Government's measurement of plans submitted by the successful Offeror as approved
by the Government, and an inspection of the space to verify that the delivered space is in conformance with such
plans or
(2) A mutual on-site measurement of the space, it the Contracting Officer determines that it is
necessary,
(b) Payment will not be made for space which is in excess of the amount of ABOA square footage
stated in the lease.
(c) If it is determined that the amount of ABOA square footage actually delivered Is less than the
amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA spare delivered and the
annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor(CAF), multiplied
by the rate per rentable square foot(RSF). That is: (1+CAF)x Rate per RSF=Reduction in Annual Rent
22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT(JUL 2013)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds transfer
(EFT),except as provided in paragraph(a)(2)of this clause.As used in this clause,the term"EFT"refers to the
funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT,the Contractor
agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment;or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT(but see paragraph(d)of this clause).
(b) Contractors EFT information,The Government shall make payment to the Contractor using the EFT
information contained in the System for Award Management(SAM)database,In the event that the EFT
information changes,the Contractor shall be responsible for providing the updated information to the SAM
database,
(c) Mechanisms for EFT payment,The Government may make payment by EFT through either the Automated
Clearing House(ACH)network,.subject to the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System The rules governing Federal payments through the ACH are contained in 31 CFR
Part 210.
(d) Suspension of payment, If the Contractor's EFT information in the SAM database is incorrect,then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database,and any invoice or contract financing request shall be deemed not to be a proper Invoice
for the purpose of prompt payment under this contract.The prompt payment terms of the contract regarding
notice of an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractors
EFT information incorrectly,the Government remains responsible for—
(i)Making a correct payment;
INITIALS. LESSOR'------..W
t§§dR---------- a GOVERNMENT 63 GSA FORM 35178 PAGE 13(REV 04115)
Page 92 of 266
Kodiak Fishedes Research Center( F C) Lease Extension Disc...
AGENDA ! .
64
Exhibit B
(ii)Paying any prompt payment penalty due;and
(iii)Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect,or was revised within 30 days of Government release of the EFT payment transaction instruction to the
Federal Reserve System,and—
(i)If the funds are no longer under the control of the payment office,the Government is deemed
to have made payment and the Contractor is responsible for recovery of any erroneously directed funds;
or
(ii)If the funds remain under the control of the payment office,the Government shall not make
payment,and the provisions of paragraph(d)of this clause shall apply.
(f) EFT and prompt payment,A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released
to the Federal Reserve System,the date specified for settlement of the payment is on or before the prompt
payment due date„provided the specified payment date is a valid date under the rules of the Federal Reserve
System
(g) EFT and assignment of claims If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such
assignment,that the assignee shall register separately in the SAM database and shall be paid by EFT in
accordance with the terms of this clause. Notwithstanding any other requirement of this contract,payment to an
ultimate recipient other than the Contractor,or a financial institution properly recognized under an assignment of
claims pursuant to Sub Art 32 5,is not permitted.In all respects,the requirements of this clause shall apply to the
assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other
than the Contractor,in the absence of a proper assignment of claims acceptable to the Government, is incorrect
EFT information within the meaning of paragraph(d)of this clause.
(h) Liability for change of EFT information by Financial agent.The Government is not liable for errors
resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information.The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System.The Government may request the Contractor to designate a desired format and method(s)for delivery of
payment information from a list of formats and methods the payment office is capable of executing. However,the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government.
If the Government makes payment by check in accordance with paragraph(a)of this clause,the Government
shall mail the payment information to the remittance address contained in the SAM database.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(APR 2010)
A licable to leases over$5 million and performance period is 120 days or more
Dilll m rilll7 a°a�mmr e Ihirmaim Ilfulllay u�rel(einpwe do innaioirirairo i-Wamriras
(a) Definitions.As used in this clause—
"Agent"means any individual, including a director,an officer,an employee,or an independent Contractor,
authorized to act on behalf of the organization.
"Full coaperalion`—
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It includes
providing timely and complete response to Government auditors' and investigators' request for
documents and access to employees with information;
INITIALS: &
LESSOR GOVERNMENT 64 GSA FORM 35178 PAGE 14(REV 04/15)
Page 93 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
115
Exhibit B
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the
contract. It does not require—
(i) A Contractor to waive its attomey-client privilege or the protections afforded by the
attorney work product doctrine;or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor,to waive his or her attorney client privilege or Fifth Amendment rights,and
(3) Does not restrict a Contractor from—
(i)Conducting an Internal investigation;or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
'Principal' means an officer, director, owner, partner, or a person having primary management or
supervisory responsibilities within a business entity(e.g,, general manager, plant manager, head of a division or
business segment;and similar positions).
'Subcontract" means any contract entered into by a subcontractor to fumish supplies or services for
performance of a prime contract or a subcontract.
*Subcontractor' means any supplier, distributor, vendor, or firm that fumished supplies or services to or
for a prime contractor or another subcontractor.
*United States,'means the 50 States,the District of Columbia,and outlying areas.
(b) Code of business ethics and conduct
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer
time period,the Contractor shall--
(i) Have a written code of business ethics and conduct;and
(ii) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall—
(I) Exercise due diligence to prevent and detect criminal conduct;and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector
General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or
closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal,
employee,agent,or subcontractor of the Contractor has committed—
(A) A violation of Federal criminal law involving fraud,conflict of interest,bribery,
or gratuity violations found in Title 18 of the United States Code;or
(B) A violation of the civil False Claims Act 131 U.S.C.3729-3733).
INITIALS',', LESSOR & GOVERNMENT 65 GSA FORM 35178 PAGE 15(REV 041151
Page 94 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
66
Exhibit B
(ii) The Government, to the extent permitted by law and regulation, will safeguard and
treat information obtained pursuant to the Contractors disclosure as confidential where the information has been
marked "confidential' or "proprietary" by the company To the extent permitted by law and regulation, such
information will not be released by the Government to the public pursuant to a Freedom of Information Act
request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive Branch if the information
relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Govemmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering
agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph
(c)does not apply if the Contractor has represented itself as a small business concern pursuant to the award of
this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.The Contractor
shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a
longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical
manner the Contractor's standards and procedures and other aspects of the Contractors business ethics
awareness and compliance program and internal control system, by conducting effective training programs and
otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(H) The training conducted under this program shall be provided to the Contractor's principals
and employees,and as appropriate,the Contractors agents and subcontractors.
(2) An internal control system,
(i) The Contractor's internal control system shall—
(A) Establish standards and procedures to facilitate timely discovery of improper
conduct in connection with Government contracts;and
(B) Ensure corrective measures are promptly instituted and carried out.
(H) At a minimum,the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to
ensure effectiveness of the business ethics awareness and compliance program and internal control system,
(B) Reasonable efforts not to include an individual as a principal, whom due diligence
would have exposed as having engaged in conduct that is in conflict with the Contractors code of business ethics
and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal
controls for compliance with the Contractors code of business ethics and conduct and the special requirements of
Government contracting, including—
• Monitoring and auditing to detect criminal conduct;
• Periodic evaluation of the effectiveness of the business ethics awareness and
compliance program and internal control system,especially if criminal conduct has been detected;and
MITIALS & __ 66
LESSOR GOvERNMENT GSA FORM 3517B PAGE 16(REV 04115)
Page 95 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
A
ARIGENDA ITEM #2A
Exhibit B
• Periodic assessment of the nsk of criminal conduct,with appropriate steps to
design, implement, or modify the business ethics awareness and compliance program and the internal control
system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or
confidentiality, by which employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to
prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting
Officer,whenever,in connection with the award,performance,or closeout of any Government contract
performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a
principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal
criminal law involving fraud,conflict of interest, bribery,or gratuity violations found in Title 18 U.S.C.or
a violation of the civil False Claims Act(31 U.S.C.3729-3733).
6 If a violation relates to more than one Government contract, the Contractor
may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value
contract impacted by the violation,
0 If the violation relates to an order against a Governmentwide acquisition
contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or
any other procurement instrument intended for use by multiple agencies,the contractor shall notify the OIG of the
ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies*
contracting officers,
0 The disclosure requirement for an individual contract continues until at least
3 years after final payment on the contract.
0 The Government will safeguard such disclosures in accordance with
paragraph(b)(3)(H)of this clause.
(G) Full cooperation with any Government agencies responsible for audits,
investigations,or corrective actions.
(d) Subcontracts.
(1) The Contractor shall Include the substance of this clause, including this paragraph (d), in
Subcontracts that have a value in excess of$5,000,000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the
civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector
General,with a copy to the Contracting Officer.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES(JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee,except a bona fide employee or
agency.For breach or violation of this warranty,the Govemment shall have the right to annul this contract without
liability or,in its discretion,to deduct from the contract price or consideration,or otherwise recover the full amount
of the contingent fee.
(b) Bona fide agency,as used in this clause,means an established commercial or selling agency
(including licensed real estate agents or brokers),maintained by a Contractor for the purpose of securing
INITIALS: - a 67
LESSOR GOVERNMENT GSA FORM 35178 PAGE 17(REV 04115)
Page 96 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Exhibit B
business,that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts
nor holds itself out as being able to obtain any Government contractor contracts through improper influence,
(1) Bona ride employee, as used in this clause,means a person,employed by a Contractor and
subject to the Contractor's supervision and control as to time,place,and manner of performance,who neither
exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being
able to obtain any Government contract or contracts through improper influence
(2) Contingent fee, as used in this clause,means any commission,percentage,brokerage,or
other fee that is contingent upon the success that a person or concern has in securing a Government contract.
(3) Improper influence, as used in this clause,means any influence that induces or tends to
induce a Government employee or officer to give consideration or to act regarding a Government contract on any
basis other than the merits of the matter.
25. 52.203-7 ANTI-KICKBACK PROCEDURES(MAY 2014)
(Applicable to leases over$150,000 average net annual rental including option periods.
(a) Definitions.
"Kickback,"as used in this clause,means any money,fee,commission,credit,gift,gratuity,thing of value,
or compensation of any kind which Is provided, directly or indirectly, to any prime Contractor, prime Contractor
employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding
favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime
contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind,
trust,joint-stock company,or individual.
'Prime contract,'as used in this clause, means a contract or contractual action entered into by the United
States for the purpose of obtaining supplies,materials,equipment,or services of any kind,
"Prime Contractor"as used in this clause,means a person who has entered into a prime contract with the
United States.
'Prime Contractor employee,'as used in this clause, means any officer, partner,employee,or agent of a
prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime
Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind
under a prime contract.
"Subcontractor," as used in this clause, (1)means any person, other than the prime Contractor, who
offers to furnish or furnishes any supplies,materials,equipment,or services of any kind under a prime contract or
a subcontract entered Into in connection with such prime contract, and (2)includes any person who offers to
furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a
subcontractor.
(b) 41 U.S.C.chapter 87,Kickbacks,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
INITIALS: LESSOR & GOVERNMENT 68 GSA FORM 35178 PAGE 1B(REV U4115)
Page 97 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
rag
Exhibit B
(3) Including,directly or indirectly,the amount of any kickback in the contract price charged by a
prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or
higher tier subcontractor.
(c) (1) The Contractor shall have In place and follow reasonable procedures designed to prevent
and detect possible violations described in paragraph (b)of this clause in its own operations and direct business
relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in
paragraph(b) of this clause may have occurred,, the Contractor shall promptly report in writing the possible
violation. Such reports shall be made to the inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector general,or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation
described in paragraph(b)of this clause.
(4)The Contracting Officer may(i)offset the amount of the kickback against any monies owed by the
United States under the prime contract and/or (h)direct that the Prime Contractor withhold from sums owed a
subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that
monies withheld under subdivision(c)(4)(h)of this clause be paid over to the Government unless the Government
has already offset those monies under subdivision(c)(4)(i) of this clause. In either case, the Prime Contractor
shall notify the Contracting Officer when the monies are withheld.
(5)The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5)but
excepting paragraph(c)(11), in all subcontracts under this contract which exceed$150000.
26. 52.223-6 DRUG-FREE WORKPLACE(MAY 20011
(Applicable to leases over$150000 average net annual rental Including option periods, as
well as to leases of any value awarded to an Individual,)
(a) Definitions.As used in this clause—
"Controlled substance"means a controlled substance in schedules I through V of section 202 of the
Controlled Substances Act(21 U.S.C.812)and as further defined in regulation at 21 CFR 1308.11 -1308.15.
"Conviction"means a finding of guilt(including a plea of nolo contendere)or imposition of sentence,
or both,by any judicial body charged with the responsibility to determine violations of the Federal or State criminal
drug statutes.
"Criminal drug statute"means a Federal or non-Federal criminal statute involving the manufacture,
distribution,dispensing,possession,or use of any controlled substance.
"Drug-free workplace" means the sile(s) for the performance of work done by the Contractor in
connection with a specific contract where employees of the Contractor are prohibited from engaging in the
unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance.
"Employee"means an employee of a Contractor directly engaged in the performance of work under
a Government contract. "Directly engaged" is defined to include all direct cost employees and any other
Contractor employee who has other than a minimal impact or involvement in contract performance.
"Individual" means an Offeror/Contractor that has no more than one employee including the
Offeror/Contractor.
(b) The Contractor, if other than an individual, shall—within 30 days after award(unless a longer period
is agreed to in writing for contracts of 30 days or more performance duration),,or as soon as possible for contracts
of less than 30 days performance duration—
INITIALS LES'§bR & GOVERNMENT 69 GSA FORM 3517B PAGE 19(REV 04115)
Page 98 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA 1T 2. .
70
Exhibit S
(1) Publish a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and
specifying the actions that will be taken against employees for violations of such prohibition„
(2) Establish an ongoing drug-free awareness program to inform such employees about—
(i) The dangers of drug abuse in the workplace;
(tt)The Contractor's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation„ and employee assistance
programs;and
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace„
(3) Provide all employees engaged in performance of the contract with a copy of the
statement required by paragraph(b){1)of this clause;
(4) Notify such employees in writing In the statement required by paragraph (b)(1) of this
clause that,as a condition of continued employment on this contract,the employee will—
(i)Abide by the terms of the statement;and
(iii)Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than 5 days after such conviction;.
(5) Notify the Contracting Officer in writing within 10 days after receiving notice under
subdivision(b)(4)(i)of this clause,from an employee or otherwise receiving actual notice of such conviction, The
notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under subdivision (b)(4)(0) of this clause of a
conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse
violation occurring in the workplace:
(i)Taking appropriate personnel action against such employee, up to and including
termination;or
(ii)Require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal„State,,or local health, law enforcement, or other
appropriate agency;and
(7) Make a good faith effort to maintain a drug-free workplace through implementation of
paragraphs(b)(1)through('b)(6)of this clause,
(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase
order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance while performing this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply
with the requirements of paragraph (b) or(c)of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments,termination of the contract or default,and suspension or debarment.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S)(DEC 2007)
(Applicable to leases over$5 Million and performance period is 120 days or more
(a) Definition.
INITIALS: B
LESSOR 70
GOVERNMENT GSA FORM 3517B PAGE 20(REV 04115)
Page 99 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
71
Exhibit B
"United States,"as used in this clause,means the 50 Slates,the District of Columbia,and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph(c)—
(1) During contract performance in the United States, the Contractor shall prominently display in
common work areas within business segments performing work under this contract and at contract work siles—
II Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline
poster identified in paragraph(b){3)of this clause;and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally,if the Contractor maintains a company website as a method of providing information to
employees,the Contractor shall display an electronic version of the poster(s)at the website.
(3) Any required posters may be obtained as follows mt°I11he e Ilposters ammo 'Illrail',ud lxtlllivaie posterrn i
t°t/tA ',sllhmsouwld st,ullp'pIllly to tllhwe Ilessiu it 'IF hie aullhmmaoiuuld 15e dli„mllraln^i+rural liirm i a molia°mur7rmoin,� airsrms lurkeIlkaure,.i1aascorins; Itmaullll1siiini
larva ands that aura for thio eiiirmmllrmlloayie!s cmiii ad such t anccm l know ma rwaibier III can liillll this lraram`tiiiouru Out
Poster(s) Obtain from
(Contracting Officer shall insert—
II Appropriate agency name(s) and/or title of applicable Department of Homeland Security
fraud hotline poster);and
II The website(s)or other contact information for obtaining the poster(s)]
�c) If the Contractor has implemented a business ethics and conduct awareness program, including a
reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph(b)of this clause„other than any required DHS posters,
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph
(d),in all subcontracts that exceed$5,000,000,except when the subcontract—
(1) Is for the acquisition of a commercial item;or
(2) Is performed entirely outside the United States.
2 . 552.270- 0 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ATI / (JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) If the head of the contracting activity(HCA)or his or her designee determines that there was a
violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as
implemented in the Federal Acquisition Regulation,the Government,at its election,may—
(1) Reduce the monthly rental under this lease by five percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods, and recover five
percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by five
percent of the amount of the alterations agreement;or
INITIALS b
LESSOR GOVERNMENT 71 GSA FORM 35178 PAGE 21(REV 04/15)
Page 100 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
72
Exhibit B
(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to
exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was
placed.
(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the
Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period
determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to
submit in person, in writing, or through a representative, information and argument in opposition to the proposed
reduction.The agency head or designee may, upon good cause shown,determine to deduct less than the above
amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(AUG 2011)
(Applicable when cost or pricing data are required for work or services over$700,000.)
(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost
reimbursable under this contract,was increased by any significant amount because—
(1) The Contractor or a subcontractor furnished certified cost or pricing data that were not
complete,accurate,and current as certified in its Certificate of Current Cost or Pricing Data;
(2) A subcontractor or prospective subcontractor furnished the Contractor certified cost of
pricing data that were not complete, accurate, and current as certified in the Contractors Certificate of Current
Cost or Pricing Data;or
(3) Any of these parties furnished data of any description that were not accurate, the price
or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction,
(b) Any reduction in the contract price under paragraph (a) of this clause due to defective data
from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the
amount, plus applicable overhead and profit markup, by which (1)the actual subcontract or(2)the actual cost to
the Contractor,if there was no subcontract,was less than the prospective subcontract cost estimate submitted by
the Contractor, provided, that the actual subcontract price was not itself affected by defective certified cost or
pricing data.
(c) (1) If the Contracting Officer determines under paragraph(a) of this clause that a price or
cost reduction should be made,the Contractor agrees not to raise the following matters as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a
superior bargaining position and thus the price of the contract would not have been modified even if accurate,
complete, and current certified cost or pricing data had been submitted.
(ii)The Contracting Officer should have known that the certified cost or pricing data in
issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character
of the data to the attention of the Contracting Officer.
(iii) The contract was based on an agreement about the total cost of the contract and
there was no agreement about the cost of each item procured under the contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or
Pricing Data.
(2) (i) Except as prohibited by subdivision(c)(2)(ii)of this clause,an offset in an amount
determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a
contract price reduction if—
INIIIAL& - I - , & 72
LESSOR GOVERNMENT GSA FORM 3517B PAGE 22(REV 04/15)
Page 101 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2-b-
73
Exhibit B
(A) The Contractor certifies to the Contracting Officer that, to the best of the
Contractor's knowledge and belief,the Contractor is entitled to the offset in the amount requested;and
(B) The Contractor proves that the certified cost or pricing data were available
before the 'as or date specified an its Certificate of Current Cost or Pricing Data, and that the data were not
submitted before such date.
(ii)An offset shall not be allowed if—
(A) The understated data were known by the Contractor to be understated
before the'as or date specified on its Certificate of Current Cost or Pricing Data;or
(B) The Government proves that the facts demonstrate that the contract price
would not have increased in the amount to be offset even if the available data had been submitted before the'as
of"date specified on its Certificate of Current Cost or Pricing Data.
(d) If any reduction in the contract price under this clause reduces the price of items for which
payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment is repaid—
(1) Interest compounded daily, as required by 26 U.S.C.6622, on the amount of such
overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is
repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the
Secretary of the Treasury under 26 U.S.C.6621(a)(2);and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor
knowingly submitted certified cost or pricing data that were incomplete,inaccurate,or noncurrent.
30. 552.270-13 PROPOSALS FOR ADJUSTMENT(SEP 1999)
(a) The Contracting Officer may, from time to time during the term of this lease, require changes to
be made in the work or services to be performed and in the terms or conditions of this lease, Such changes will
be required under the Changes clause.
(b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall
submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to be
performed when the cost exceeds$100,000. The proposal, including all subcontractor work,will contain at least
the following detail—
(1) Material quantities and unit costs;
(2) Labor costs(identified with specific item or material to be placed or operation to be performed:
(3) Equipment costs;
(4) Workers compensation and public liability insurance;
(5) Overhead;
(6) Profit;and
(7) Employment taxes under FICA and FUTA.
(c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals
exceeding$500,000 in cost—
INITIAL& LESSOR & GOVERNMENT 73 GSA FORM 35178 PAGE 23(REV 04115)
Page 102 of 266
Kodiak Fisheries Research Center(KF C) Lease Extension Disc...
AGENDA ITEM #2.b.
74
Exhibit B
(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing
data(48 CFR 15.403-4)and
(2) The Lessor's representative, all Contractors, and subcontractors whose portion of the
work exceeds$500,000 must sign and return the"Certificate of Current Cost or Pricing Data"(48 CFR 16.406-2).
(d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which
costs are allowable,reasonable,and allocable in Government work.
31. CHANGES(MAR 2013)
(a) The LCO may at any time,by written order,direct changes to the Tenant Improvements within the
Space,Building Security Requirements,or the services required under the Lease.
(b) If any such change causes an increase or decrease in Lessor's costs or time required for
performance of its obligations under this Lease,whether or not changed by the order,the Lessor shall be entitled
to an amendment to the Lease providing for one or more of the following.
(1) An adjustment of the delivery date;
(2) An equitable adjustment in the rental rate-,
(3) A lump sum equitable adjustment-,or
(4) A change to the operating cost base,if applicable.
(c) The Lessor shall assert its right to an amendment under this clause within 30 days from the date
of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment
shall be a dispute under the Disputes clause However,the pendency of an adjustment or existence of a dispute
shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO
has explicitly and in writing delegated the authority to direct changes,the Government shall not be liable to Lessor
under this clause.
32. 552.215-70 EXAMINATION OF RECORDS BY GSA(FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized representative shall,until
the expiration of 3 years after final payment under this contract, or of the time periods for the particular records
specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have
access to and the right to examine any books, documents, papers, and records of the Contractor involving
transactions related to this contract or compliance with any clauses thereunder.The Contractor further agrees to
include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Administrator of General Services or any duly authorized representatives shall,until the expiration of 3 years after
final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of
the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to
examine any books, documents, papers, and records of such subcontractor involving transactions related to the
subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes
(a)purchase orders not exceeding $100,000 and (b)subcontracts or purchase orders for public utility services at
rates established for uniform applicability to the general public.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION(OCT 2010)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) As used in this clause,"records"includes books,documents,accounting procedures and practices,
and other data, regardless of type and regardless of whether such items are in written form, in the form of
computer data,or in any other form.
INITIALS a - 74
EtSbbR GOVERNMENT GSA FORM 3517B PAGE 24(REV C4115p
Page 103 of 266
Kodiak Fisheries Research Center{ FC) Lease Extension Disc...
AGENDA ITEM #2.b.
75
Exhibit B
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or
price re-determinable contract, or any combination of these, the Contractor shall maintain and the Contracting
Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to
be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection
at all reasonable times of the Contractor's plants,or parts of them,engaged in performing the contract.
(c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing
data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the
certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including
computations and projections,related to—
(1) The proposal for the contract,subcontract,or modification;
(2) The discussions conducted on the proposal(s),including those related to negotiating;
(3) Pricing of the contract,subcontract,or modification;or
(4) Performance of the contract,subcontract or modification.
(d) Comptroller General—
(1) The Comptroller General of the United States, or an authorized representative, shall
have access to and the right to examine any of the Contractor's directly pertinent records involving transactions
related to this contract or a subcontract hereunder and to interview any current employee regarding such
transactions.
(2) This paragraph may not be construed to require the Contractor or subcontractor to
create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of
business or pursuant to a provision of law.
(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and
audit the supporting records and materials,for the purpose of evaluating—
(1) The effectiveness of the Contractors policies and procedures to produce data
compatible with the objectives of these reports;and
(2) The data reported.
(Q Availability, The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in paragraphs(a), (b), (c), (d), and (e) of this clause, for examination,
audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified In
Subpart 4.7, Contractor Records Retention,of the Federal Acquisition Regulation (FAR), or for any longer period
required by statute or by other clauses of this contract. In addition—
(1) If this contract is completely or partially terminated,the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final termination settlement-,and
(2) The Contractor shall make available records relating to appeals under the Disputes
clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals,
litigation,or claims are finally resolved.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this
paragraph(g), in all subcontracts under this contract that exceed the simplified acquisition threshold,and—
(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price
re-determinable type or any combination of these,
INITIAL& LESSOR & GOVERNMENT 75 GSA FORM 35178 PAGE 25(REV 04115)
Page 104 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
76
Exhibit B
(2) For which certified cost or pricing data are required;or
(3) That require the subcontractor to furnish reports as discussed in paragraph(e) of this
clause.
The clause may be altered only as necessary to identify properly the contracting parties and the
Contracting Officer under the Government prime contract.
34. 52.233-1 DISPUTES(M"2014)
(a) This contract is subject to 41 U.S.0 chanter 71 Contract Disputes.
(b) Except as provided in 41 U.S.0 chapter 71,all disputes arising under or relating to this contract shall 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 41 U.S.0
chapter 71 until certified.A voucher,invoice,or other routine request for payment that is not in dispute when
submitted is not a claim under 41U.S.0 chapter 71 The submission may be converted to a claim under 41 U.S.0
chapter 71,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 shall be made in writing and,unless otherwise stated in this contract,
submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision.A claim by the
Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2) (i)The Contractor shall provide the certification specified in paragraph(d)(2)(iii)of this clause when
submitting any claim exceeding$100,000.
(ii)The certification requirement does not apply to issues in controversy that have not been
submitted as all or part of a claim.
(iii)The certification shall state as follows:'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 Government is liable;and that I
am authorized to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person 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 Officers decision shall be final unless the Contractor appeals or files a suit as provided in
41 U,S C chapter 71,
INITIALS LESSOR & GOVERNMENT 76 GSA FORM 35178 PAGE 26(REV 04115�
Page 105 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
77
Exhibit B
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is
presented to the Contractor,the parties,by mutual consent,may agree to use alternative dispute resolution
(ADR). If the Contractor refuses an offer for ADR,the Contractor shall inform the Contracting Officer,in writing,of
the Contractor's specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from(1)the date that the
Contracting Officer receives the claim(certified,it required); or(2)the date that payment otherwise would be due,
if that date is later,until the date of payment.With regard to claims having defective certifications,as defined in
FAR 33.201„ interest shall be paid from the date that the Contracting Officer initially receives the claim,Simple
interest on claims shall be paid at the rate,fixed by the Secretary of the Treasury as provided in the Act,which is
applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for
each 6-month period as fixed by the Treasury Secretary during the pendency of the claim
(I) The Contractor shall proceed diligently with performance of this contract,pending final resolution of any
request for relief,claim,appeal,or action arising under or relating to the contract,and comply with any decision of
the Contracting Officer.
35. 52.222-26 EQUAL OPPORTUNITY(MAR 2007)
(a) Definition. 'United States," as used in this clause, means the 50 States, the District of Columbia,
Puerto Rico,the Northern Mariana Islands,American Samoa,Guam,the U.S.Virgin Islands,and Wake Island.
(b) (1) If, during any 12-month period (including the 12 months preceding the award of this
contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of$I0,000, the Contractor shall comply with this clause, except for work performed
outside the United States by employees who were not recruited within the United States. Upon request, the
Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or
society, the requirements of this clause do not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the Contractor's activities(41 CFR 60-15).
(c) (1) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in employment to Indians living an or near an
Indian reservation,in connection with employment opportunities on or near an Indian reservation, as permitted by
41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed,and
that employees are treated during employment,without regard to their race,color, religion, sex,or national origin,
This shall include,but not be limited to—
(i) Employment;
(ii) Upgrading:
(iii) Demotion;
(iv) Transfer,
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
INITIALS. & - 77
LESSOR GOVERNMENT GSA FORM 35178 PAGE 27(REV 04115)
Page 106 of 266
Kodiak Fisheries Research Center(KF C) Lease Extension Disc...
AGENDA ITEM #2.b.
78
Exhibit 8
(vii) Rates of pay or other forms of compensation;and
(viii) Selection for training,Including apprenticeship,
(3) The Contractor shall post in conspicuous places available to employees and applicants
for employment the notices to be provided by the Contracting Officer that explain this clause
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race,color,religion,sex, or national origin,
(5) The Contractor shall send,to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding.. the notice to be provided by the
Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this
clause, and post copies of the notice in conspicuous places available to employees and applicants for
employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,
regulations,and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by
Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, The
Contractor shall also file Standard Form 100(EEO-1),or any successor form,as prescribed in 41 CFR Part 60-1
Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall,
within 30 days after Contract award, apply to either the regional Office of Federal Contract Compliance Programs
(OFCCP)or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by
the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint
investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records
(including computerized records), and other material that may be relevant to the matter under investigation and
pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the
Executive Order.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or
any rule, regulation, or order of the Secretary of Labor, this contract may be canceled,terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the
procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and
remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules,
regulations,and orders of the Secretary of Labor,or as otherwise provided by law.
(10) The Contractor shall Include the terms and conditions of this clause in every
subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor
issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each
subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order
as the Contracting Officer may direct as a means of enforcing these terms and conditions,including sanctions for
noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of any direction,the Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1..
INITIALS - & 78
LESSOR GOVERNMENT GSA FORM 35178 PAGE 28(REV 04115)
Page 107 of 266
Kodiak Fisheries Research Center( FC) Lease Extension Disc...
AGENDA ITEM #2.b.
79
Exhibit B
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999)
(a) 'Segregated facilities," as used in this clause, means any waiting roams, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clacks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees,that are segregated by explicit directive or are in fact segregated on the basis of
race,color, religion, sex,or national origin because of written or oral policies or employee custom.The term does
not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes,
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform
their services at any location under its control where segregated facilities are maintained.The Contractor agrees
that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Opportunity clause of this contract.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION(JUL 2013)
(Applicable to leases exceeding$3,000.)
(a) Derrhilions.As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the
term does not include contracts that exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend
Services,or other appropriate authority.
Small business concern means a concern,including its affiliates,that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a
concern is'not dominant in its field of operation'when it does not exercise a controlling or major influence on a
national basis in a kind of business activity in which a number of business concerns are primarily engaged. In
determining whether dominance exists,consideration shall be given to all appropriate factors,including volume of
business, number of employees,, financial resources, competitive status or position, ownership or control of
materials,processes,patents,license agreements,facilities,sales territory,and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract,
the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph(g)of this clause,upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the
contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the
contract,
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this
clause in the contract.
(3) For long-term contracts—
INITIALSLESSOR & GOVERNMENT 79 GSA FORM 35179 PAGE 20(REV 04115)
Page 108 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
so
Exhibit B
(I) Within 60 to 120 days prior to the end of the fifth year of the contract,and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option
thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System(NAICS)code
assigned to this contract. The small business size standard corresponding to this NAICS code can be found at
tqL.11www she ggovicontenlhaMe small-business-,sizL,-standards.
(d) The small business size standard for a Contractor providing a product which it does not
manufacture itself,for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation
required by paragraph (b) of this clause by validating or updating all its representations in the Representations
and Certifications section of the System for Award Management(SAM)and its other data in SAM, as necessary,
to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in
writing within the limeframes specified in paragraph (b) of this clause that the data have been validated or
updated,and provide the date of the validation or update.
(0 If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this
clause.
(g) 11 the Contractor does not have representations and certifications in SAM, or does not have a
representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the
following rerepresentation and submit it to the contracting office, along with the contract number and the date on
which the rerepresentation was completed:
The Contractor represents that it 0 is, D is not a small business concern under NAICS Code
assigned to contract number
[Contractor to sign and date and insert authorized signer's name and title).
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS(JUL 2014)
(Applicable to leases over$100000.)
(a) Definitions.As used in this clause—
"Active duty wartime or campaign badge veteran," Armed Forces service medal veteran,'"disabled veteran,"
.protected veteran,""qualified disabled veteran,'and"recently separated veteran"have the meanings given at
FAR 22 1301,
(b) Equal opportunity clause,The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-300,,5(a),as of March 24,2014.This clause prohibits discrimination against qualified protected
veterans,and requires affirmative action by the Contractor to employ and advance in employment qualified
protected veterans,
(c) Subcontracts,The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more
unless exempted by rules,regulations,or orders of the Secretary of Labor.The Contractor shall act as specified
by the Director,Office of Federal Contract Compliance Programs,to enforce the terms,Including action for
INHIALS: ,,, , & — 801
LESSOR GOVERNMENT GSA FORM 35178 PAGE 30(REV 04115)
Page 109 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Exhibit B
noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly
the parties and their undertakings,
39. 62.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(JUL 2014)
(Applicable to leases over$15,000)
(a) Equal opportunity clause.The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-741.5(a),as of March 24,2014.This clause prohibits discrimination against qualified individuals an
the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment
qualified individuals with disabilities,
(b), Subcontracts, The Contractor shall include the terms of this clause in every subcontract or purchase order
in excess of$15,000 unless exempted by rules,regulations,or orders of the Secretary,so that such provisions
will be binding upon each subcontractor or vendor.The Contractor shall act as specified by the Director,Office of
Federal Contract Compliance Programs of the U.S.Department of Labor,to enforce the terms,including action
for noncompliance Such necessary changes in language may be made as shall be appropriate to identify
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS VETERANS(JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitibns As used in this clause,"Armed Forces service medal veteran,"'disabled veteran,""active duty
wartime or campaign badge veteran,'and'recently separated veteran.'have the meanings given in FAR
22-1301
(b) Unless the Contractor is a State or local government agency,the Contractor shall report at least annually,
as required by the Secretary of Labor,on—
(1) The total number of employees in the contractor's workforce,by job category and hiring location,
who are disabled veterans,other protected veterans(i.e.,active duty wartime or campaign badge veterans),
Armed Forces service medal veterans,and recently separated veterans;
(2) The total number of new employees hired during the period covered by the report,and of the total,
the number of disabled veterans,other protected veterans(i.e.,active duty wartime or campaign badge veterans),
Armed Forces service medal veterans,and recently separated veterans;and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at
each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Farm VETS-100A,entitled'Federal
Contractor Veterans'Employment Report(VETS-100A Report)."
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year:
(e) The employment activity report required by paragraphs(b)(2)and(b)(3)of this clause shall reflect total
new hires,and maximum and minimum number of employees,during the most recent 12–month period preceding
the ending date selected for the report.Contractors may select an ending date—
(1) As of the end of any pay period between July I and August 31 of the year the report is due;or
INITIALSLESSOR a GOVERNMENT 61 GSA FORM 3617B PAGE 31(REV 04115)
Page 110 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
82
Exhibit B
(2) As of December 31,if the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard
Form 100).
(Q The number of veterans reported must be based on data known to the contractor when completing the
VETS-100A.The contractors knowledge of veterans status may be obtained in a variety of ways,including an
invitation to applicants to self-identify(in accordance with 41 CFR 60-300,42),voluntary self-disclosure by
employees,or actual knowledge of veteran status by the contractor.This paragraph does not relieve an employer
of liability for discrimination under 38 Q.S.C.4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more unless exempted
by rules,regulations,or orders of the Secretary of Labor.
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED,SUSPENDED,OR PROPOSED FOR DEBARMENT(AUG 2013)
(Applicable to leases over$30,000.)
(a) Definition.'Commercially available off-the-shelf(COTS)"item,as used in this clause—
(1) Means any Item of supply(including construction material)that is—
(i) A commercial item(as defined in paragraph(1)of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace;and
(iii) Offered to the Government, under a contract or subcontract at any tier, without
modification,in the same form in which it is sold in the commercial marketplace',and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products
and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests, Other
than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any
subcontract, in excess of$30,000 with a Contractor that is debarred, suspended, or proposed for debarment by
any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed
$300000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the
Contractor,, In writing,whether as of the time of award of the subcontract,the subcontractor, or Its principals, is or
is not debarred,suspended,or proposed for debarment by the Federal Government,
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-
the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the
System for Award Management(SAM)Exclusions). The notice must include the following;
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion
in SAM.
(3) The compelling reason(s)for doing business with the subcontractor notwithstanding Its being
listed with an exclusion in SAM,
INITIALS - & - 82
LESSOR GOVERNMENT GSA FORM 3517B PAGE 37(REV 0411,5)
Page 111 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
GENDA ITEM #2A
83
Exhibit B
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting
the Government's interests when dealing with such subcontractor in view of the specific basis for the party's
debarment,suspension,or proposed debarment.
(e) Subcontracts„ Unless this is a contract for the acquisition of commercial items, the Contractor
shaft include the requirements of this clause, including this paragraph (e) (appropriately modified for the
identification of the parties), In each subcontract that-
0) Exceeds$30,000 in value;and
,(2) Is not a subcontract for commercially available off-the-shelf items,
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(OCT 2010)
(Applicable if over$700,000,) illit llsirge piroiecl
(a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost
or pricing data at FAR 15.4034, on the date of agreement on price or the date of award, whichever is later, or
before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to
submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR
15,408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating
process such as the judgmental factors applied and the mathematical or other methods used in the estimate,
including those used in projecting from known data, and the nature and amount of any contingencies included in
the price),unless an exception under FAR 15.403-1 applies.
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in
FAR 15,406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause
were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or
subcontract modification.
(c) In each subcontract that exceeds the threshold for submission of certified cost or pricing data at
FAR 15.403-4,when entered into,the Contractor shall insert either
(1) The substance of this clause, including this paragraph(c), if paragraph(a) of this clause
requires submission of certified cost or p6cing data for the subcontract;or
(2) The substance of the clause at FAR 52,215-13,Subcontractor Certified Cost or Pricing Data—
Modifications.
43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014)
(Applicable to leases over$150,000 average net annual rental including option periods,)
(a) Definitions.As used in this contract—
"HUBZone small business concern'means a small business concern that appears on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business Administration.
'Service-disabled veteran-owned small business conceW—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or,in the
case of any publicly owned business,not less than 51 percent of the stock of which is owned by one or more
service-disabled veterans,and
INITIALS, & 83
LESSOR GOVERNMENT GSA FORM 35178 PAGE 33(REV 04115)
Page 112 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
A GENDA ITEM #2A
134
Exhibit B
(!I) The management and daily business operations of which are controlled by one or more service-
disabled veterans or,in the case of a service-disabled veteran with permanent and severe disability,the spouse
or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran,as defined in 38 U.S.C, 101!21„with a disability that is
service-connected,as defined in 38 U.S.C. 101(16).
'Small business concern'means a small business as defined pursuant to Section 3 of the Small Business Act
and relevant regulations promulgated pursuant thereto.
'Small disadvantaged business concern',consistent with 13 CFR 124.1002,means a small business concern
under the size standard applicable to the acquisition,that—
(1) Is at least 51 percent unconditionally and directly owned(as defined at 13 CFR 124-105)by—
(I) One or more socially disadvantaged(as defined at 13 CFR 124-103)and economically
disadvantaged(as defined at 13 CFR 124.104)Individuals who are citizens of the United States;and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding$7501,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2)„and
(2) The management and daily business operations of which are controlled(as defined at 13,CFR
124.106)by individuals,who meet the criteria In paragraphs(1)(i)and(0)of this definition.
'Veteran-owned small business concern'means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101 L2) or,in the case of any publicly owned business,not less than 51 percent of the stock of which is owned by
one or more veterans;and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern"means a small business concern—
(1) That is at least 51 percent owned by one or more women,or,in the case of any publicly owned
business,at least 51 percent of the stock of which is owned by one or more women:and
(2) Whose management and daily business operations are controlled by one or more women.
(b) It is the policy of the United States that small business concerns,veteran-owned small business concerns,
service-disabled veteran-owned small business concerns,HUBZone small business concerns,small
disadvantaged business concerns,and women-owned small business concerns shall have the maximum
practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and
subcontracts for subsystems,assemblies,components,and related services for major systems.It is further the
policy of the United States that its prime contractors establish procedures to ensure the timely payment of
amounts due pursuant to the terms of their subcontracts with small business concerns,veteran-owned small
business concerns,service-disabled veteran-owned small business concems,HUBZone small business
concerns,small disadvantaged business concerns,and women-owned small business concerns.
INITIALS' Lit§sok. ............ & GOVERNMENT 04 GSA FORM 35178 PAGE 34(REV 04115)
Page 113 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM . .
85
Exhibit B
(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent
consistent with efficient contract performance.The Contractor further agrees to cooperate in any studies or
surveys as may be conducted by the United States Small Business Administration or the awarding agency of the
United States as may be necessary to determine the extent of the Contractors compliance with this clause.
(d) (1) Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as a small business concern,a veteran-owned small business concern,a service-disabled
veteran-owned small business concern,a small disadvantaged business concern,or a women-owned small
business concern..
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business
concern is certified by SBA as a HUBZone small business concern by accessing the System for Award
Management database or by contacting the SBA.Options for contacting the SBA include—
(i) HUBZone small business database search application web page at
or 1hft2.Ywww.qba&ajl MbZ..
.gnr
(0) In writing to the Director/HUB,U.S.Small Business Administration,409 3rd Street,SW.,
Washington, DC 204116;or
(III) The SBA HUBZone Help Desk at hubzone@sba.gov.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN(OCT 2014)ALTERNATE III(OCT 2014)
(Applicable to leases over $650,000,) WIll be reqiuliiieid if a Ilrirojeclexceeds $650101010
rhiiiiing 11he illease teiina
a) This clause does not apply to small business concerns,
(b) Definitions.As used in this clause—
"Alaska Native Corporation(ANC)"means any Regional Corporation,Village Corporation, Urban Corporation,
or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native
Claims Settlement Act,as amended . ..... el seq.)and which is considered a minority and
economically disadvantaged concern under the criteria at 4132 U,S,C- 1626Le1U1 .This definition also includes ANG
direct and indirect subsidiary corporations,joint ventures,and partnerships that meet the requirements of�
AulS�Q ,I 15 2 15�PZ
.Commercial item'means a product or service that satisfies the definition of commercial item in section 2,101
of the Federal Acquisition Regulation.
'Commercial plan'means a subcontracting plan(including goals)that covers the offerors fiscal year and that
applies to the entire production of commercial items sold by either the entire company or a portion thereof(e.g,,
division,plant,or product line).
'Electronic Subcontracting Reporting System(eSRS)'means the Governmentwide,electronic,web-based
system for small business subcontracting program reporting.The eSRS is located at jhtR Uwww esrs ggv
INITIALS, U996k & GOVERNMENT as GSA FORM 3517B PAGE 35(REV 04115)
Page 114 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Be
Exhibit B
"Indian tribe"means any Indian tribe,band,group,pueblo,or community, including native villages and native
groups(including corporations organized by Kenai,Juneau,Sitka,and Kodiak)as defined in the Alaska Native
Claims Settlement Act(43 U.S.C.A. 1601 et seq.),that is recognized by the Federal Government as eligible for
services from the Bureau of Indian Affairs in accordance with 25 U.S.C, 1452(c).This definition also includes
Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
"Individual contract plan"means a subcontracting plan that covers the entire contract period(including option
periods),applies to a specific contract,and has goals that are based an the offeror's planned subcontracting in
support of the specific contract,except that indirect costs incurred for common or joint purposes may be allocated
an a prorated basis to the contract.
"Master plan"means a subcontracting plan that contains all the required elements of an individual contract
plan,except goals,and may be incorporated into individual contract plans,provided the master plan has been
approved.
"Subcontract"means any agreement(other than one involving an employer-employee relationship)entered into
by a Federal Government prime Contractor or subcontractor calling for supplies or services required for
performance of the contract or subcontract.
(c) The offeror,upon request by the Contracting Officer,shall submit and negotiate a subcontracting plan,
where applicable,that separately addresses subcontracting with small business,veteran-owned small business,
service-disabled veteran-owned small business,HUBZone small business concerns,small disadvantaged
business,and women-owned small business concerns.If the offeror is submitting an individual contract plan,the
plan must separately address subcontracting with small business,veteran-owned small business,service-
disabled veteran-owned small business, HUBZone small business,small disadvantaged business,and women-
owned small business concerns,with a separate part for the basic contract and separate parts for each option(if
any).The plan shall be included in and made a part of the resultant contract.The subcontracting plan shall be
negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting
plan shall make the offeror ineligible for award of a contract.
(d) The offerors subcontracting plan shall include the following:
(1) Goals,expressed in terms of percentages of total planned subcontracting dollars,for the use of
small business,veteran-owned small business,service-disabled veteran-owned small business,HUBZone small
business,small disadvantaged business,and women-owned small business concerns as subcontractors.The
offeror shall include all sub-conlracts that contribute to contract performance,and may include a proportionate
share of products and services that are normally allocated as Indirect costs. Inaccordance with 43 U.S.C. 1626:
(I) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals
for small business and small disadvantaged business(SDB)concerns,regardless of the size or Small Business
Administration certification status of the ANC or Indian tribe.
(H) Where one or more subcontractors are in the subcontract tier between the prime contractor and the
ANC or Indian tribe,the ANG or Indian tribe shall designate the appropriate contractor(s)to count the subcontract
towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases,the appropriate Contractor is the Contractor that awarded the subcontract to the
ANC or Indian tribe.
INITIALS LESSOR- & GOVERNMENT 86 GSA FORM 35178 PAGE 36(REV 04/15)
Page 115 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
87
Exhibit B
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its
goals,the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor.
The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C)The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer,the
prime Contractor,and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30
days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written
designation within 30 days of the subcontract award,the Contractor that awarded the subcontract to the ANC or
Indian tribe will be considered the designated Contractor.
(2) A statement of—
(i) Total dollars planned to be subcontracted for an individual contract plan;or the offeror's total
projected sales,expressed in dollars,and the total value of projected subcontracts to support the sales for a
commercial plan;
(it) Total dollars planned to be subcontracted to small business concerns(including ANC and Indian
tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business:
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns(including
ACs and Indian tribes),and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns,,
(3) A description of the principal types of supplies and services to be subcontracted,and an
identification of the types planned for subcontracting to—
(I) Small business concerns;
(0) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns;and
(vi) Women-owned small business concerns.
INITIALS: LESSOR & GOVERNMENT 87 GSA FORM 35178 PAGE 37(REV 04115)
Page 116 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
A
14GENDA ITEM #2A
813
Exhibit B
(4) A description of the method used to develop the subcontracting goals in paragraph(d)(1)of this
clause.
(5) A description of the method used to identify potential sources for solicitation purposes(e.g.,
existing company source lists,the System for Award Management(SAM),veterans service organizations,the
National Minority Purchasing Council Vendor Information Service,the Research and Information Division of the
Minority Business Development Agency in the Department of Commerce,or small, HUBZone,small
disadvantaged,and women-owned small business trade associations).A firm may rely on the information
contained in SAM as an accurate representation of a concern's size and ownership characteristics for the
purposes of maintaining a small,veteran-owned small,service-disabled veteran-owned small, HUBZone small,
small disadvantaged,and women-owned small business source list.Use of SAM as its source list does not relieve
a firm of its responsibilities(e.g.,outreach,assistance,counseling,or publicizing subcontracting opportunities)in
this clause.
(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting
goals,and a description of the method used to determine the proportionate share of indirect costs to be incurred
with—
(I) Small business concerns(including ANC and Indian tribes);
(H) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns(including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror's subcontracting
program,and a description of the duties of the individual.
(8) A description of the efforts the offeror will make to assure that small business,veteran-owned small
business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,and women-owned small business concerns have an equitable opportunity to compete for
subcontracts.
(9) Assurances that the offeror will include the clause of this contract entitled'Utilization of Small
Business Concerns"in all subcontracts that offer further subcontracting opportunities,and that the offeror will
require all subcontractors(except small business concerns)that receive subcontracts in excess of$650,000($1.5
million for construction of any public facility)with further subcontracting possibilities to adopt a subcontracting plan
that complies with the requirements of this clause.
(10) Assurances that the offeror will--
(0) Cooperate in any studies or surveys as may be required;
INITIALS: & 8B
LESSOR GOVERNMENT GSA FORM 3517B PAGE 38(REV 04115)
Page 117 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
B9
Exhibit B
(ii) Submit periodic reports so that the Government can determine the extent of compliance by the
offeror with the subcontracting plan;
(iii) Submit Standard Form(SF)294 Subcontracting Report for Individual Contract in accordance
with paragraph(1)of this clause.Submit the Summary Subcontract Report(SSR), in accordance with
paragraph(1)of this clause using the Electronic Subcontracting Reporting System(eSRS)at
http://www.esrs.gov.The reports shall provide information on subcontract awards to small business
concerns(including ANCs and Indian tribes that are not small businesses),veteran-owned small business
concerns,service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns(including ANCs and Indian tribes that have not been certified by
the Small Business Administration as small disadvantaged businesses),women-owned small business
concerns,and for NASA only, Historically Black Colleges and Universities and Minority Institutions.
Reporting shall be in accordance with this clause,or as provided in agency regulations;and
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the SIF 294 in
accordance with paragraph(1)of this clause.Ensure that its subcontractors with subcontracting plans agree
to submit the SSR in accordance with paragraph(1)of this clause using the eSRS.
(I i) A description of the types of records that will be maintained concerning procedures that have been
adopted to comply with the requirements and goals in the plan,including establishing source lists:and a
description of the offeror's efforts to locate small business,veteran-owned small business,service-disabled
veteran-owned small business,HUBZone small business,small disadvantaged business,and women-owned
small business concerns and award subcontracts to them.The records shall include at least the following(on a
plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists(e.g,,SAM),guides,and other data that identify small business,veteran-owned small
business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business,veteran-awned
small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than$150,000,indicating—
(A)Whether small business concerns were solicited and,if not,why not;
(8)Whether veteran-owned small business concerns were solicited and,if not,why not;
(C)Whether service-disabled veteran-owned small business concerns were solicited and,if not,why
not;
(D)Whether HUBZone small business concerns were solicited and,if not,why not;
(E)Whether small disadvantaged business concems were solicited and,if not,why not;
(F) Whether women-owned small business concerns were solicited and,if not,why not;and
INITIALS':
UdsbR & GOVERNMENT 89 GSA FORM 35178 PAGE 39(REV 04/16)
Page 118 of 266
Kodiak Fisheries Research Center(KF ) Lease Extension Disc...
A
14GENDA ITEM #2A
Exhibit B
(G) If applicable,the reason award was not made to a small business concem.
(iv) Records of any outreach efforts to contact—
(A) Trade associations;
(B) Business development organizations',
(C)Conferences and trade fairs to locale small, HUBZone small,small disadvantaged,and women-
owned small business sources;and
(D)Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through—
(A)Workshops,seminars,training,etc.;and
(B) Monitoring performance to evaluate compliance with the program's requirements.
(vi) On a contract-by-contract basis,records to support award data submitted by the offeror to the
Government,including the name,address,and business size of each subcontractor.Contractors having
commercial plans need not comply with this requirement.
(e) In order to effectively implement this plan to the extent consistent with efficient contract performance,the
Contractor shall perform the following functions:
(1) Assist small business,veteran-owned small business,service-disabled veteran-owned small
business,HUBZone small business, small disadvantaged business,and women-owned small business concerns
by arranging solicitations,time for the preparation of bids,,quantities,specifications,and delivery schedules so as
to facilitate the participation by such concerns.Where the Contractor's lists of potential small business,veteran-
owned small business,service-disabled veteran-owned small business, HUBZone small business,small
disadvantaged business,and women-owned small business subcontractors are excessively long,reasonable
effort shall be made to give all such small business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of small business,veteran-owned
small business, service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,and women-owned small business concerns in all"make-or-buy"decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business,veteran-
owned small business,service-disabled veteran-owned small business, HUBZone small business,small
disadvantaged business,and women-owned small business firms
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified
as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as smalf,veteran-owned small business, HUBZone small,,small disadvantaged,or women-awned
small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in
the Contractor's subcontracting plan,
INMALS! & — 90
LESSOR GOVERNMENT GSA FORM 3517B PAGE 40(REV 04115)
Page 119 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
91
Exhibit B
(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business
concern received a small business preference,upon determination of the successful subcontract offeror,the
Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location
of the apparent successful offeror prior to award of the contract.
(0 A master plan on a plant or division-wide basis that contains all the elements required by paragraph(d)of
this clause,except goals,may be incorporated by reference as a part of the subcontracting plan required of the
offeror by this clause:provided—
(1) The master plan has been approved;
(2) The offeror ensures that the master plan Is updated as necessary and provides copies of the
approved master plan,including evidence of its approval,to the Contracting Officer,and
(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to
satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items.
The commercial plan shall relate to the offeror's planned subcontracting generally,for both commercial and
Government business,rather than solely to the Government contract.Once the Contractor's commercial plan has
been approved,the Government will not require another subcontracting plan from the same Contractor while the
plan remains in effect,as long as the product or service being provided by the Contractor continues to meet the
definition of a commercial item.A Contractor with a commercial plan shall comply with the reporting requirements
stated in paragraph(d)(10)of this clause by submitting one SSR in eSRS for all contracts covered by its
commercial plan.This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved
the plan.This report shall be submitted within 30 days after the end of the Government's fiscal year,
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be
considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
(I) A contract may have no more than one plan.When a modification meets the criteria in 19-702 for a plan,
or an option is exercised,the goals associated with the modification at option shall be added to those in the
existing subcontract plan,
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at
62,212,5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial
Items,or when the subcontractor provides a commercial item subject to the clause at 52.244-6,Subcontracts for
Commercial Items,under a prime contract,
(k) The failure of the Contractor or subcontractor to comply in good faith with—
(1) The clause of this contract entitled"Utilization Of Small Business Concerns;"or
(2) An approved plan required by this clause,shall be a material breach of the contract.
(1) The Contractor shall submit a SF 294.The Contractor shall submit SSRs using the web-based
eSRS at Purchases from a corporation,company,or subdivision that is an affiliate of
the prime Contractor or subcontractor are not included in these reports.Subcontract award data reported by
INITIALS. LESSOR & GOVERNMENT 91 GSA FORM 35178 PAGE 41(REV 04115)
Page 120 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
92
Exhibit B
prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier
subcontractors.Credit cannot be taken for awards made to lower tier subcontractors,unless the Contractor
or subcontractor has been designated to receive a small business or small disadvantaged business credit
from an ANC or Indian tribe.Only subcontracts involving performance in the U.S.or its outlying areas should
be Included in these reports with the exception of subcontracts under a contract awarded by the State
Department or any other agency that has statutory or regulatory authority to require subcontracting plans for
subcontracts performed outside the United States and its outlying areas.
(1) SF 294 This report is not required for commercial plans.The report is required for each contract
containing an individual subcontract plan. For prime contractors the report shall be submitted to the
contracting officer,or as specified elsewhere in this contract. In the case of a subcontract with a
subcontracting plan,the report shall be submitted to the entity that awarded the subcontract.
(i) The report shall be submitted semi-annually during contract performance for the periods ending
March 31 and September 30.A report is also required for each contract within 30 days of contract
completion. Reports are due 30 days after the close of each reporting period,unless otherwise directed by
the Contracting Officer.Reports are required when due,regardless of whether there has been any
subcontracting activity since the inception of the contract or the previous reporting period.
(ii) When a subcontracting plan contains separate goals for the basic contract and each option,as
prescribed by FAR 19.7 (c),the dollar goal inserted an this report shall be the sum of the base period
through the current opliom;for example,for a report submitted after the second option is exercised,the dollar
goal would be the sum of the goals for the basic contract,the first option,and the second option
(2) SSR.(i)Reports submitted under individual contract plans—
(A) This report encompasses all subcontracting under prime contracts and subcontracts with
the awarding agency,regardless of the dollar value of the subcontracts,
(B) The report may be submitted on a corporate,company or subdivision(e.g. plant or
division operating as a separate profit center)basis,unless otherwise directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than one
executive agency,a separate report shall be submitted to each executive agency covering only that
agency's contracts,provided at least one of that agency's contracts is over$550,000(over$1,000,000 for
construction of a public facility)and contains a subcontracting plan.For Do D,a consolidated report shall be
submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD
prime Contractors, However,for construction and related maintenance and repair,a separate report shall be
submitted for each DoD component.
(D) For DoD and NASA,the report shall be submitted semi-annually for the six months
ending March 31 and the twelve months ending September 30.For civilian agencies,ex pt NASA,it shall
be submitted annually for the twelve-month period ending September 30. Reports are due 30 days after the
close of each reporting period
(E) Subcontract awards that are related to work for more than one executive agency shall be
appropriately allocated.
INITIALS & 92
LESSOR GOVERNMENT GSA FORM 35178 PAGE 42(REV 04115)
Page 121 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
93
Exhibit B
(F) The authority to acknowledge or reject SSRs in the eSRS,including SSRs submitted by
subcontractors with subcontracting plans,resides with the Government agency awarding the prime contracts
unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan—
(A) The report shall include all subcontract awards under the commercial plan in effect
during the Government's fiscal year.
(B) The report shall be submitted annually,within thirty days after the end of the
Government's fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one
executive agency,the Contractor shall specify the percentage of dollars attributable to each agency from
which contracts for commercial items were received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the
Contracting Officer who approved the commercial plan.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN(JAN 1999)
(Applicable to leases over$650,000.)
(a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause,
means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan
appfoved under the clause in this contract entitled *Small Business Subcontracting Plan,"or willful or intentional
action to frustrate the plan.
(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting
dollars or, if a commercial plan is involved, to the pro rala share of actual subcontracting dollars attributable to
Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial
plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its
subcontracting goals and the Contracting Officer decides in accordance with paragraph(c)of this clause that the
Contractor failed to make a good faith effort to comply with its subcontracting plan,established in accordance with
the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the
Government liquidated damages in an amount stated. The amount of probable damages attributable to the
Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed
to achieve each subcontract goal.
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such
good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and
permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter.
Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after
consideration of all the pertinent data,the Contracting Officer finds that the Contractor failed to make a good faith
effort to comply with the subcontracting plan,the Contracting Officer shall issue a final decision to that effect and
require that the Contractor pay the Government liquidated damages as provided in paragraph(b)of this clause.
(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the
functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the
commercial plan.
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes,
from any final decision of the Contracting Officer.
INITIALS: LESSOR GOVERNMENT
GOVERNMENT' 93 GSA FORM 35178 PAGE 43(REV 04115)
Page 122 of 266
Kodiak Fisheries Research Center(K C) Lease Extension Disc...
A
AGENDA ITEM #2.b.
94
Exhibit B
(0 Liquidated damages shall be in addition to any other remedies that the Government may have.
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS(JUL 2013) This is a pairagvaph yogi should look alt, if the con'llriiiator makes$25 ImilllCion
$naniiriwall grosLa imveirgire, firorn k.,�derall prograrns iffederal uloans„grants,
and sii,ibgrants)Ahllr)601% of the contractor's irevoinite ii:mrne from thnse!!!:111qrirnP types olf'sources
then you inexed to follow the insilruiivfitms bliflow, Look at the sub-contractor reqt.dr-arrients alsin.
(Applicable if over$25,000.)
(a) Definitions.As used in this clause:
"Executive"means officers,managing partners,or any other employees in management positions.
'First-tier subcontract"means a subcontract awarded directly by the Contractor for the purpose of acquiring
supplies or services(including construction)for performance of a prime contract. It does not include the
Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that
benefit multiple contracts and/or the costs of which are normally applied to a Contractors general and
administrative expenses or indirect costs.
"Months of award"means the month in which a contract is signed by the Contracting Officer or the month in
which a first-tier subcontract is signed by the Contractor.
"Total compensation"means the cash and noncash dollar value earned by the executive during the
Contractor's preceding fiscal year and includes the following(for more Information see 17 CFR 229,402(c)(2)):
(1) Salary and bonus,
(2) Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Financial
Accounting Standards Board's Accounting Standards Codification(FASB ASC)718,Compensation-
Stock Compensation.
(3) Earnings for services under non-equity incentive plans.This does not include group life,health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
available generally to all salaried employees.
(4) Change in pension value.This is the change in present value of defined benefit and actuarial pension
plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation,if the aggregate value of all such other compensation(e.g.,severance,termination
payments,value of life insurance paid on behalf of the employee,perquisites or property)for the
executive exceeds$10,000.
(b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282),as
amended by section 6202 of the Government Funding Transparency Act of 2008(Pub. L. 110-252),requires the
Contractor to report information on subcontract awards.The law requires all reported information be made public,
INITIAL& , - _ , & - 94
LESSOR GOVERNMENT GSA FORM 35178 PAGE 44(REV 04115)
Page 123 of 266
Kodiak Fisheries Research Center(KF C) Lease Extension Disc...
AGENDA ITEM #2.b.
95
Exhibit B
therefore,the Contractor is responsible for notifying Its subcontractors that the required information will be made
public.
(c) Nothing in this clause requires the disclosure of classified information
(d) (1) Executive compensation of the prime contractor.As a part of its annual registration requirement in
the System for Award Management(SAM)database(FAR provision 52.204-7�,the Contractor shall report the
names and total compensation of each of the five most highly compensated executives for its preceding
completed fiscal year,if—
(i) In the Contractors preceding fiscal year,the Contractor received—
(A) 00 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;
and
(B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;
and
(w) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934
78mLal 78o{ )) f 986.(To determ
_Lj)or section 6104 of the Internal Revenue Code o 1 ine
if the public has access to the compensation information,see the U.S.Security and Exchange
Commission total compensation filings ath. .I.j
P"#W. .ww
...............
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer,or as
provided in paragraph(h)of this clause,by the end of the month following the month of award of a first-tier
subcontract with a value of$25,000 or more,the Contractor shall report the following information at
htip Ywww fsrs gov for that first-tier subcontract.(The Contractor shall follow the instructions at
htlp:11www.fsrs.ggy to report the data.)
(I) Unique identifier(DUNS Number)for the subcontractor receiving the award and for the
subcontractors parent company,, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(III) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services(including construction)being provided under the
subcontract,including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number(the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address,city,state,and country.Also include the
nine-digit zip code and congressional district.
(viii) Subcontractors primary performance location including street address,city,state,and country.
Also include the nine-digit zip code and congressional district.
(Ix) The prime contract number,and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
INITIALS ,_ , & 95
LESSOR GOVERNMENT GSA FORM 35176 PAGE 45(REV 04115)
Page 124 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension is ...
AGENDA ITEM #2.b.
96
Exhibit B
(xiii) Treasury account symbol(TAS)as reported in F .
(xiv) The applicable North American Industry Classification System code(NAICS),
(3) Executive compensation of the first-tier subcontractor Unless otherwise directed by the
Contracting Officer,by the end of the month following the month of award of a first-tier subcontract with a value of
$25,000 or more,and annually thereafter(calculated from the prime contract award date),the Contractor shall
report the names and total compensation of each of the five most highly compensated executives for that first-tier
subcontractor for the first-tier subcontractor's preceding completed fiscal year at httg://www.fgg. if—
(I) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and
(8) $25,,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance,and
(ii) The public does not have access to Information about the compensation of the executives through
periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U S C 78m(a),
78o(d))or section 6104 of the Internal Revenue Code of 1986.(To determine if the public has access to the
compensation Information,see the U.S Security and Exchange Commission total compensation filings at
hMWwww sec,govianswerslexecoml2 htm,)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than$25,000 to
avoid the reporting requirements in paragraph(d),
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph(d)when
the subcontract is awarded.Continued reporting on the same subcontract is not required unless one of the
reported data elements changes during the performance of the subcontract.The Contractor is not required to
make further reports after the first-tier subcontract expires.
(g) (1) If the Contractor in the previous tax year had gross income,from all sources,under$300,000,the
Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under$300,000,the
Contractor does not need to report awards for that subcontractor,
(h) The FSRS database at WjQJ/www.fsrs.qov will be prepopulated with some information from SAM and
FPDS databases. If FPDS information is incorrect,the contractor should notify the contracting officer.If the SAM
database information is incorrect,the contractor is responsible for correcting this information.
INITIALS; &
LESSOR GOVERNMENT GSA FORM 3517B PAGE 46(REV 04115)
Page 125 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
97
97
Page 126 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
9
FExWibft
REPRESENTATIONS asst for Lease start
(Acquisition of ease Interestsin Real Property) pose rt er
SAK0353
complete appropriate boxes,sign the fonn.and attach to offer®
The Offeror makes the following a resentations arrartif ciaal NOTE. The "Offeror,`as used an
this form,is the owner o the properly offered,not an individual oragent representing the owner.
1® S2.219-1 -SMALL (OCT2 14)
(a) Definitions.As used In this provision—
'Economically
ro isio'Econo ically disadvantaged women-o a small business )concern'means a
small business concern that is at least 51 percent directly and unconditionally owned y,an
the management and daily business aerations of which are controlled by, one or more
women ho are citizens of the Unitedtater and who are economically disadvantaged In
accordance with 13 CFF1a 127. It automatically qualifies as a women-owned women—ownedsmall
business concern eligible under the WOSB Program.
'Service-disabled veter ®o n small business conce "
(1) Means a small business concern—
(i) Not less than 51 percent of which isowned by one or more service-disabled
veterans or,int the case of an publicly owned business,not loss than 51
percent of Itis 51ock of which is owned by one or more service-disabled
veterans;an
(ii)The management a ail business operations of is a controlled y
one or ore se `cea iso ad veterans or,in the case of a service-disabled
valeran with permanent and severe i ilii ,the spouse or permanent
caregiver of such veteran,
( ) "Service-disabled veteran'means a veteran,as definedIn 38 LIZ.C.101(2),with
disability that Is service-connected,as defined in 38 U.S.C. 101(16)°
'Small business concern" means a concern, including Its affiliates, that is independently
owned and operated, not dominant in the field of operation in which it Is bidding on
Government contracts, and qualifiedsmall business under the criteria in 13 CFR Part
121 and the size standard in paragraph(b)of this provision.
'Small disadvantaged business concern,*consistent with 13 CFR 124®1 2, means a small
business concern under the size standard applicable to the acquisition,that®
(1) Is at least 51 percent unconditionally and directly owned( s defined at 13 CFR
124.105)
by—
(I) One or more socially s vanta e (as defined at 13 CFR 124.103) n
eco icallyisavantae as eine a 1 124.104)individuals
o are citizens of nit Mates,and
(if) Each individual claiming on is disadvanta has a not worth not
exceeding 7 after taking into account I e applicable exclusions set
forth at 13 CFR124.104(c)(2);an
( ) The management and dailybusiness operations of which are controlled
defined at 13 CFR 124.106)by Individuals who meet the criteft In paragraphs
(1)(i)a (11)of this definition.
INS' A ..........................................................
LESSOR, GOVERNMENT GSA FORM 3518 PAM t(REY 15)
SS
Page 127 of 266
Kodiak i i c r i Disc...
AGENDA ITEM #2.b.
ars
Exhibit C
"Veteran-owned small business concern"means a small business concern—
(1) Not less than 51 wcent of which is owned by one or mom veterans(as defined
at 38 U.S.C.101r,21))or,In the case of an pubkly owned business,not less than
51 percent of the stock of which Is own:rby one or more veterans',and
(2) The management and daily business operations of which are controlled by one
or mom veterans.
en- ed small business concom*means a small business concern—
(1) That Is at least 51 percent ownedone or more women;or,In the case of any
publicly owned business,at least 5?percent of the stock of which Is owned by
one or more women;and
(2) Whose management and dally business operations are controlled by one or
more women.
amen ed small business (WOSB) concern a
,ftible under the WOSB Program" (in
accordance with 13 CFR part 127), means a small usiness concern that is at least 51
percent directly and unconditionallit owned by, and the management and daily business
operations of which are controlled y, one or more women who are citizens of the United
States.
(b) (1) The North American Industry Classification System(NAICS)code for this
acquisition Is–531120unless the real property Is sell-storage(153113D),land
(0311190),or residential(0531110).
(2) The small business size standard Is$30.5 Million in annual average gross
revenue of the concern for the last 31 I years.
(3) The small business size standard for a concern which submits an offer In Its own
name,other than an a construction at service contract,but which proposes to
furnish a product which it did not itself manufacture,Is 5DD employees.
(c) Representations.
(i) The offeror represents as part of its alter that it Is, Is not a small business
concern.
(2) 'n es concern in
parM us' "0
7"h L
s
as
,ipl!1g,on d
e em e
C'Off 0 "h offeror
0 ents that it Is, Is not,a
p '�I)g a t business I R I
sane =rs laoldho Pslmnevsi�ssloc�'olejws!E atsfedreoerfinrapir'sins 3 CF 24.1002.
(3) [Compleleonl if the offeror mpresentedifseN as a smaYbusinesse conceaw in
paragm'p ru of this provision.)The offeror represents as part of Its offer that It
I I Is,[ ]Is not a women-owned small business concem.
(4) Women-owned small business(WOSB)concern eligible under the WOSB
Program.fCamplele ongy if the offemr represented Uself as a women-owned
5ma0bumnessconcern in aragraph(c)(3)ofthis provisfonj The offeror
,
represents - ;far that—
(I) It I is,[ Is rKA a WOSB concern allgible under the WOSB Program,has
provved all the required documents to the WOSB Repository,and no
change In circumstances or adverse decisions have been Issued that affects
its eligibility-.and
(ii) It joint venture that complies with the ul ements of 13
C 'pL rt�'2s?7ana't0h'a reTrasenlation In garagraph(c)04�1�f)'of this provision
Is accurate for each WO 18concernell gi eunderthe SB Program
participatin
_9 In the joint venture.[Thaw,offeror"shag anter the name or names
of the IN05 B concern irl,figible under the WOSB Program and other Saw#
b='nex.mes that are padicdparing in the joint vonlum. jEach
INITIALS: & _
LESSOR GOVERNMENT BSA FORM 3518 PAGE 2 IREV UM151
go
Page 128 of 266
Kodiak Fisheries Research Center(KFC) Lease Extension Disc...
AGENDA ITEM #2.b.
100
Exhibit C
WOSB concern ellible under the WOSB Program Vdicipating In the joint
venture shall submrlt a separate signed copy of the OSB representation.
(5) Economically disadvantaged women-owned small business(EDWOSB)concern.
[Cornplefe only ff the offers r represionled itself as a wornini-owned'senall
business cancem ed(gifbile vnd&the WO,Spfi,Pro�r 0
The offeror represents as part of Its offer that®
gram in(c)(4), f this 1.:un.vk�dn.)
(o) It[ I Is,( ]is not an EDWOSB concern eligible under the WO513 Program,
has provided all the required documents to the WOSB Repository,and no
change In circumstances or adverse decisions have been issued that affects
its eligibility-,and
(11) it Is,[ ]Is not a joint venture that complies with the r ulrements of 13
'A part 127,and the re resent lion in pa 1)of this provision
CF 51)
is accurate lot each EDNOSB concern parficipallr?In the joint venture.
The offeror shall enter the rrame or names Of the DWOS R. concern and
nlharsmafl businessew.;Mat are ki aging in theJohit venfu _
Each EDWOSB concern �r the joint venture shall submit a
separate signed copy of go EdWO§B representation.
t [11rompgetu only if the offerar represented ftseW as a smaN busihess concem in
)ar,a no (c(f)ref!Eris its ps proidsion.]The offeror represents as part of oiler that ft
s not a veteran-owned small business concern.
(7) [CornpWte f.:PrOr lflhir.a offeror represented itself es a velenurr°awned smag
business rnniAirn in panigraph(q)(6)of this provision]The offeror represents as
art of Its offer that it Is, is not a service-disabled veteran-owned small
usiness concern.
(8) [Comp;efe Orgy ii'theoffen.,;r reproserOed if as a smafl bu0ness cumcern hi
tcmeayraph(q)(f)of OVs provisinn.]Theo eror represents,as part at its offer,
that_
0) 11 n HUBZone 11 business concern listed,on the date of
'Is,
is 0'8 0 small
1h representation,
on the List of
"ualified HUBZone Small Business
C p In mod by the Small Business Administration,and no material
Co erns
me Is
Chan
g s L
_rs 1p co rol�I
han 8 In own IN an d ni ,principal office,or HUBZone employee
rce ta�e V occurre sl ce it�
n have d n was certified Inaccordance with 13 CFR
art 1 26.and
(11) It[ ]is,[ ]is not a HUBZone joint venture that complies with the
n)uirements of 13 CFA Part 126,and the re resentation in ara raph
c
(c)8)(i)of this provision Is accurate fore NUBZone smalrbus?rness
concern participating In the HUBZone joint venture.[The offeror.shaO eraser
ft napmits of each of the HUMne small business con„tarts s parfiripa-fing in
the HUB"Zone 1obif venture: , .]Each HUBZone small business
concern particspalln�in the HUMo-iii joint venture shall submit a separate
signed copy of the UBZone representation.
(d) Notice.
(1) 11 this solicitation is for sup es and has been set aside,In whole or in part,for
small business concerns,t on the clause in this solicitation providin notice of
the set-aside contains restrictions on the source of the and items tote furnished.
(2) Under 15 U.S.C.645(d),anyerson who misrepresents a firm's status as a
business concern that is smar.HUBZone small.small disadvantaged,service-
disabled veleran-owned small,economically disadvanta;ed women-owned
small,orwomen-owns d small eligible under the WOSB rograminorderto
obtain a contract to be awarded under the reference programs established
pursuant to section 8.9,15.31,and 36 of Small Business Act or any other
provision of Federal law that specifically references section 8(d)fora definition of
program eligibility,shall--
IN'rIALS a .............-
LESS
...............-LESSOR GOVERNMENT GRA FORM 3SIG PAGE 3(REV 04=15)
100
Page 129 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM 92.b.
101
Exhibit C
i) Be punished by imposition of fine,imprisonment,or both;
(it)Bed subject to administrative remedies,including suspension and debarment;
an
(iii) Be ineligible for participation in programs conducted under the authority of
the Act.
2� 52-2114-5-WOMEN-OWNED BUSINESS(OTHER THAN SMALL BUSINESS)(OCT 2014)
(a) Deflillion. Women-owned business concern,' as used in this provision, means a concern
that is at least 51 arcent owned by one or more women; or int case of any publicly
owned business. &F least 51rcent of Its stock iso by one or more women; and
whose management and daily 98usiness operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has
not represented Itself as a small business concern In pars raph (c(1) of FAR 52-219-1,
Small Business Program Representations, of this solicitation. The at eror represents that it
[ ]Is a women-owned business concern,
3. 52222-22-PREVIOUS CONTRACTS AND COMPLIANCE REPORTS(FEB 1999)
(Applicable when the estimated value of the acquisition exceeds$10.000)
The Offeror represents that—
(a) It[ ]has,I I has not partUted In a previous contract or subcontract subject to the Equal
Opportunity clause at this so riceftation;
(b) It[ ]has,[ ]has not filed all required compliance reports,,and
(c) Representations indicatin%submission ofrequired compliance reports, signed b proposed
i
subcontractors, will blain ed before subcontract awards. (Approved by 811MB under
Control Number 1215® 2.)
4. 52.222-25-AFFIRMATIVE ACTION COMPLIANCE(APR 1984)
(Applicable when the estimated value of the acquisition exceeds$10,000)
The Offeror represents that®
(a) It I I has developed and has on file, has not develoand does not have on file, at
each establishment affirmative action programs required rVy the rules and regulations of the
Secmtary of Labor(41 CFR 60-1 and 60-2),or
(b) It I I has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB
under Control Number 1215-0072.)
5. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX UABILITY OR A FELONY CONVICTION UNDER
ANY FEDERAL LAW(DEVIATION)(OCT 2013)
(a) In accordance with Sections 630 and 631 of Division C of the Consolidated Appropriations
Act, 2012 (Pub. L 112-74and Section 101 of the Continuing Appropriations. Act, 2014
(Pub. L. 113-46) none of tL funds made available by the Continuing Appropriations Act,
2014 may be used to enter Into a contract action whh any corporation that--
INITIALS; ........................................................................................................................ & ..............................___........................
LESSOR GOVrERNMENT GSA FORM 35I 8 PAGE 4(REV 04rAIS)
101
Page 130 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA
ITEM . .
102
Exhibit C
(1) Has any unpaid Federal tax liability that has been assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed,and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability,where the awarding agency is aware of the unpaid lax
liability,unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Govemment,or
(2) Was convicted,or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months,where the awarding agency Is aware o1 the conviction,unless
the agency has considered suspension or debarrnent of the corporation or such officer
or agent and made a determination that this action Is not necessary to protect the
Interests of the Government.
(b) The Contractor represents thal—
(1) It is[)is not[j a corporation that has any unpaid Federal lax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or
have lapsed,and that Is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is[)is not[]a corporation that was convicted,or had an officer or agent of the
corporation acting on behalf of the corporation,convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
6. 52.2 -CERTIFICATE OF INDEPENDENT PRICE DETERMINATION(APR 1985)
(Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition
threshold)
(a) The Offeror certifies that—
(1) Th prices b this otter have bean arrived al Ind, ndentiy, ,for the pu of
reslrctirig competition, an consultation, unication, or agreement with any other
Offeror or competitor ting to(i)those
price,(fit the intention to submit an offer, or
{iffy theme or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly discb by the Offeror,
directly or indirectly,to any other Offeror or competitor before bid opening(in the case of
a led bid solicitation) or contract award (in the case of a negotiatedsolicitation)
unless otherwise required by law;and
(3) No attempt has been made or will be made by the Offeror to induce any other concern
to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the
signatory—
(1) Is the person in the Offerorstion sible for determining the prig being
offs in this bid or p l, an
ad that the s nalo has notparticipated and will not
participate in any action contrary to subparagraphs(a,7(1)through(a)(3)above;or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in
certifying that those principals have nat participated,and will not participate in any
action contrary to subparagraphs. (a)(1) through (a}[3l
above [Insed
fulfil nairne of person(s) in the Offeror"s organlzafion responslble lar deiermlnUig
true prices¢offered In fh'is bud or pu-opml,and the title of his or her poslfion lira the
Offerors organi flon);
INITIALS: .......................... A ................................
LESSOR GOVERNMENT GSA FORMA 3518 PAGE S IREV o1920151
102
Page 131 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Exhibit C
(it) As an authorized agent, does certify that the principals named in subdivision
(b)(2)(i) above have not rbcipaled, and will not participate, in any action
contrary to subparagraphs r(1]through(a)(3)above,and
(m) As an agent, has not personal y part ted, and will not participate, in action
contrary to subparagraphs(a}(1)through(a)(3)above.
(c) If the Offeror deletes or modifies subparagraFh(a)12)above,the Offeror must furnish with its
offer a signed statement setting forth In detai the circumstances of the disclosure.
7. 52.203-1 i - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS(SEP 2007)
(Applicable when the estimated value of the acquisition exceeds$100,000)
(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at
USC. lf42fff The terns "agency; "influencing or attempting to influence, "officer or
errs oyes o an agency,""person,""reasonable compensation, and"regularly employed"are
defined in the FAR clause of this solicitation entitled"Limitation on Payments to Influence
Certain Federal Transactions" 52.203-12.
(b) Prohibition.The prohibition and exceptions contained in the FAR clause of this solicitation
entitled"Limitation on Payments to Influence Certain Federal Transactions" 52.203.12 are
hereby Incorporated by reference In this provision.
(c) Ceriffi ation.The offeror,by signing its offer,hereby certifies to the best of its knowledge and
belief that no Federal appropriate funds have been paid or will be paid to any person for
Influencing or attempting to Influence an officer or employee of any agency, a Member of
Congress an officer or employee of Congress,or an employee of a Member of Congress on
its behalf In connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a
cornbplea and stubmit,ewith tofferffOM13w3tandar�dcForrr W.,oDisclo�suhe of Lobbng
Activiti
employes, to roWde the name of the registrants. The offeror Head Hol report regu arty
ed officers ar employees of the offensr to whom payments of reasonable
compensalien were made.
(e) Penalty. Submission of this certification and disclosure Is a prerequisite for making or
entering into this contract imposed 6y 3i U.S.C. 1352 Any person who makes an
expenditure prohited under this provis nor who fails #o fie or amend the disclosure
required to fse filed or amended this pproroWsion,shag Ise subject to a civil penalty cf Hol less
than$10,000,and rat mora than100,OD0,far each such failure.
8. 52.209.5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS(APR 2010)
(Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition
threshold)
(a) (1) The Offeror certifies,to the best of its knowledge and belief,that—
The Offeror and/or any of its Principals—
(A) Are[ ]are not[ ]presently debarred,suspended,proposed for
debarment,or declared ineligible for the award of contracts by any
Federal agency;
(B) Have[ ]have not[ ],within a three-year period preceding this offer,
been convicted of or had a civil judgment randered against them for:
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(Federal,State,or local)
contract or subcontract;violation of Federal or State antitrust statutes
INMALS: S
LESSOR.................................
GOVERNMENT 103 GSA FORM 351e PAGE 8#REV 04120151
Page 132 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
104
Exhibit
relating to the submission of offers®or commission of embezzlement,
theft®forgery.bribery,falsification or destruction of records,making false
statements,tax evasion,violating Federal criminal tax laws,or receiving
stolen property(if offeror checks'have",the offeror shall also see
52.209-7
,if included in this solicitation);
( ) Are ]are not I I presently indicted for,or otherwise criminally or civilly
charged by a governmental entity with,commission of any oft e
offenses enumerated In paragraph(a)(1)(i)( )of this provision;
( ) Have ,have not ,within a t year period precedingthis offer,
been notified of any delinquent Federal taxes In an amount that exceeds
$3.000 for which the liability remains unsatisfied.
(1) Federal taxes,are considered delinquent it bolh oft the following
criteria lye
(I) The t&K liebility is finally determined.The liability is finally
determined if it has been assessed.A liability Is not
finally determined If there is a pending administrative or
judicial challenge.In the case of a judicial challenge to
the liability,the Ilility is not finally determined until all
judicial appeal rights have been exhausted.
(if) The taxpayer is delinquent in making payment.
taxpayeris delinquent if the taxpayer has f alled to Pay
the tax liability when full payment was due and required.
taxpayer is not delinquent in cases enforced
collection action is precluded.
(2) Example&
(i) The taxpayer has received a statutory notice of
deficiency,under t. .C.§6212,which entities the
taxpayer to seek"rax Court review of a proposed tax
eficiecy®This is not a delinquent tax because it is not
a final tax liability.Should the taxpayer seek Tax Court
view,this will not be a final tax liability until the
taxpayer has exercised all judicial appeal ri ts.
(il) The IFIL has filed a notice of Federal tax lien with
respect to an assessed tax liability,and the taxpayer has
been Issued a notice under I. .C.§6320 entitling the
taxpayer to request a hearing withthe IRS Office of
Appeals contesting the lien filing.and to further appeal to
the Tax Court if the IRS determines to sustain the lien
filing.In the course of the hearing,the taxpayer is
entitled to contest the underlying tax liability because the
taxpayer has had no prior opportunity to contest the
liability.This Is not a delinquent tax because it is not e
final tax lability. hose the taxpayer seek tax court
review,this will not be a final lax liability until the
taxpayer has exercised all judicial appeal rights.
(Iii) The taxpayer has entered into an Installment agreement
pursuant to I. . 6159.The taxpayer is making timely
INITIALS: s ,..........................................................
LESSOR GOVERNMENTGEA FORM 3518PAGE 7(REV 12015)
104
Page 133 of 266
Kodiak i ri r rExtension i5 ...
AGENDA ITEM . .
Exhibit C
payments and Is In full compliance with the agreement
terms.The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
([v) The taxpayer has filed for bankruptcy protection.The
taxpayer Is not delinquent because enforced collection
action is stayed under 11 U.S.C.362(the Bankruptcy
Code).
(G) The Offeror has[ ]has not[ ),within a three-year period preceding this offer,
had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of flits certification, means an officer, director, owner,
ppaariver,ora person having primary management or supervisory responsibilities within a
business entity(e.g., general manager; plant manager, head of a division or business
segment;and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and
the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to
Prosecution Under Section 1001,Tide 10,United States Code.
(b) The Offerar shall provide Immediate written notice to the Contracting Officer it, at any time
prior to contract award,the Offeror leams that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
(c) A codification that any of the items In paragraph(a) of this provision exists will not
necessarily result in withholding of an award under this solicitation.However,the certification
will be considered in connection with a determination of the Olferoes responsibility.Failure of
the Offeror to furnish a certification or provide such additional information as requested by
the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained In the foregoing shall be construed to require establishment of a system
of records In order to render, In goad faith,the certification required by paragraph(a)of this
provision.The knowledge and information of an Offeror Is not required to exceed that which
is normally possessed by a prudent person In the ordinary course of business dealings.
(e) The certification in paragraph(a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification,in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
9. 52.222-38- COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS
(SEP 2010)
By submission of its offer,the offeror represents that,if it Is sub I.to the reporting requirements of
38 U.S.C. 4212 d (i.e., if It has any contract containing Federal Acquisition Regulation clause
52.222-37 Employment Reports on Veterans), R has submitted the most recent VETS-100A
Report required by that clause.
10. 52225-21) - PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN
SUDAN--CERTIFICATION(AUG 2009)
(a) Defrnitkm.As used In this provision—
`Business operations" means engaging in commerce in any form, Inckudin by acquiring,
developing, maintaining, owning, selling, possessing, leasing, or operating equipment,
facilities, personnel, products, services, personal property, real property, or any other
apparatus of business or commerce.
"Marginalized populations of Sudan"means—
INITIALS: 8
LESSOR GOVERNMENT............ GSA FORM 3510 PAGE a(REV(412015)
105
Page 134 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
IDS
Exhibit C
(1) Adv', el affected groups In regions authorized to receive assistance under
section 8(c)of the arfur Peace and Accountability Act(Pub. L. 109-344) 1701
nqW,-and
(2)Marginalized areas in Northern Sudan described insection 4(9)at such Act.
"Restricted business operationV means business oorations In Sudan that Include power
production activities, mineral extraction activities, of-relate activities, or the production at
millta7 equipment, as those terms are defined inthe Sudan Accountability and Divestment
Aa
Acct 2007 (Pub. L 110-174). Restricted business operations do not Include business
operations that the person(as that term is defined in Section 2 of the Sudan Accountability
and Divestment Act of 2007)conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional
government of southern Sudan:
12)Are conducted pursuant to specific authorization from the Office of Foreign Assets
Contr0In the Department of the Treasury, or are expressly exempted under Federal law
from the requirement to be conducted under such authorization,
(3)Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an iniernationally recognized
peacekeeping tares or humanitarian organization',
(5) Consist at providing goods or services that are used only lopromote health or
aducation;or
(6)Have been voluntarily suspended.
(b) Cerfikation. By submission of its oiler,the offeror certifies that the offerar does not conduct
any restricted business operations In Sudan.
11. 52.226-25 - PROHIBITION ON CONTRACTING WffH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND
CERTIFICATIONS(DEC 2012)
(a) Deffriftions.As used in this.provision—
'Personw—
(1)Means—
(I)A natural person',
(h)A corporation.business association,partnership,!;oclety,trustfinancial institution,
Insurer, underwriter, guarantor, and any other business or ani zation. any other
nongovernmental entity,organization,or group, and any governmental entity operating as a
business enterprise;and
(III)Any successor to any entity described In paragraph(1)(!1)of this definition;and
(2)Does not include a government or governmental entity that is not operating as a business
enterprise.
"Sensitive technology*—
(1) can hardware.software,telecommunications equipment,or any other technology that
Is to be used specifically—
(I)To restrict the free Ilow of unbiased information in Iran,or
(if)To disrupt,monitor,or otherwise restrict speech at the people of Iran;and
INITIAL& A
LESSOR GOVERNMENT GSA FORM 3518 PAGE 9(REV 0420151
108
Page 135 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA iTE 2.6.
Exhibit C
(2)Does not include information or Inlormational materials the export of which the President
does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the
International Emergency Economic Powers Act(50 U.S.C. 1702(b)(3)).
(b) The offeror shall e-mail questions concerning sensitive technology to the Department of
Slate at MAW Osfale.00v.
(c) Except as provided in paragraph (d) of this provision or it a waiver has been granted in
accordance with 25.703-4,by sulmlission of its Offer,the offeror—
(1) Represents.to the best of Its knowledge and beflef,that the offeror does not export any
sensitive technology to the government of Iran or any entities or Individuals owned or
controlled by,or acting on behalf or at the direction of,the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not
engage in any activities for which sanctions may be imposed under section 5 of the Iran
Sanctions Act.These sanctioned activities are In the areas of development of the petroleum
resources of Iran, production of refined petroleum products In Iran, sale and provision of
refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop
certain weapons or lechnologies;and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard
Corps or any of its officials, agents, or affiliates, the property and Interests In property of
which are blocked pursuant to the International Emergency Economic Powers Act(50 U.S.C.
1701 of seq.) (see OFAC's Specially DesignatedaN tkmats and Blocked Persons List at
htta l/vvww.tmmurv.aov/oladdownIcadrR1 l sdn.ndO.
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the
certification requirements of paragraphs(c)(2)and(c)(3)of this provision do not appy ff—
(1) This solicitation includes a trade agreements notice or certification (e.g.. 52.225.4,
52.225 6,52.22§4 2,52.225.24,or comparable agency provision);and
(2) The offeror has certified that all the offered products to be supplied are designated
country and products or designated country construction material.
12. 52.204-3-TAXPAYER IDENTIFICATION(OCT 1998)
(a) Definitions.
`Common parent,* as used in this provision, means that corporate entity that owns or
controls an alfHWGd group of corporations [hat files Its Federal income tax returns on a
consolidated basis,and of which the Offerar is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number
required by the Internal Revenue Service(IRS)to be used by the Offeror in reporting income
tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
(b) All Offerors must submit the Information required In paragraphs (d) through (f) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C.6041,6041A,and BOSOM,and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment reparting requirements
described in Federal Acquisition Regulation(FAR)4.904,the failure or refusal by the Off aror
to(umish the Information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). M the
resulting contract is subject to the payment reporting requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the
Offernes TIN.
INITIALS: .... A
LESSOR GOVERNMENT GSA FORM 3518 PAGE 10 iREV 0420151
107
Page 136 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
1013 "
Exhibit
( ) Taxpayer Identification umber(77N).
TI
TIN has been applied for.
TIN is not required becausw
Offeror Is a nonresident alien,foreign corporation,or foreign a ners i that does not
have income effectively connected with the conduct of a trade or business in the
United tates and doesnot have an office or place of business or a fiscal paying
aent in the United Slates.
O teror is anae or instrumentality of a foreign government;
Off eror is an agency or Instrumentality of the Federal government;
(a) Typo of orni ation.
lero risto iGovernment entity(Federal State,or local);
Partners 1p ] Foreign government;
Corporate entity(not tax-exempt); t I International organization er 26 CFR 1,A049-
4',
]Corporate entity(tax-exempt); ] Other
f) Common Parent.
] Offeror is not owned or controlled y a common parent as defined In paragraph(a)of
this provision.
]
Name and TINof commonparent:
Name
TI
13. 2 DATA IVERSAL NUMBERING S (JUL 13)
a)Definition. ata Universal Numbering System(DUNS)number",as used in this provision,
sans the 9-digft number assigned by Dun and Bradstreet,Inca(D&B)to identify unique business
entities,which Is used as the identification number for Federal Contractors.
(b)The offeror shall enter,in the block with its name and address ant the cover page of its offer,the
annotation'DUNS"or S+-4'followed y the DUNS number or" +4'that Identifies the
offeroes.name and address exactly as stated int the offer.The DUNS number is a Trine I it number
assigned by Dun and Bradstreet,Inc.The + is the DUNS number plus a 4-character suffix
that may be assigned at the discretion of the ollaror to establish additional System for Award
Management records for identifying alternative Electronic Funds Transfer(EFT)accounts(see
Subpgrl32.11$fort the same concern.
(c)If the offeror does not have a DUNS number.it should contact Dun and Bradstreet directly to
obtain one,
( n offeror may obtain a DUNS number—
(i)
er(i)Via the Internet at N e/ff o& nM. or It the offeror does Hort have internet
access,it may call Dun and Bradstreet at 1-866-705-5711 If located within the United States;or
(ii)If located outside the United States®by contacting the local Dun and Bradstreet office.
The offeror should Indicate that it is an off aror fora U.S.Government contract w en contacting the
local Dun and Bradstreet office.
( )The olferar should a prepared to provide the following Information:
(i)Company Legal business name.
(ill Tradestyle,doing business,or other name by whichyour entity is commonly recognized.
(ill)Company physical street address,city,state and ZIP Code,
(iv)Company mailingaddress.city,stale and ZIP Code(if separate from physical),
(v)Company telephone number.
(vi)Date the company was started.
INITIALS: a .
LESSOR GOVERNMENTGSA F R 0515 PAGE 11(RE t5)
105
Page 137 of 266
Kodiak i s (KFRQ Lease Extensioniso...
AGENDA ITEM #2.b.
109
Exhibit
(vii)Number of employees at your location.
(01)Chief executive officerikey manager.
(ix)Line of business(industry),
(x)Company Headquarters name and address(reporting relationship within your entity).
i . )
Notwithstandingthe above Instructions. in addition to insetting they DUNS Number on the offer
cover page,the Offeror shall also provide its DUNS Number as part oft is submission:
DUNS It
15. SYSTEM FOR AWARD MANAGEMENT 2 15)
The System for Award Management (SAM) is a contrail located, searchable database which
assists in the development, maintenance, and provision orsources for future procurements. e
Offeror must be registered in the SAM pflor to Lease award, unless a later registration date Is
�ermhted byte RLP and Lease.The 011sror shall re iester via the Internet a tt .1/ .sa eov.
o remain active,the tfe r essor is required to u ate or ronew its registration annually.
Registration Active and Copy Attached
T Will Activate Registration and Submit Copy to the Government Prior to Award
Will ctivatea istralla and Submit Copy to theGive et within days atter Lease
Award(only api as to Disaster Leases using A Form 351 y )
NAME,OFFEROR OR ADDRESS(INCLUDING I TELEPHONE
LEGALLY AUTHORIZED NUMBER
REPRESENTATIVE
signature alb
IR &
............LESSOR hE....7J...... ......................
eSA FORM 3515 PACE 12(AEV 04=51
159
Page 138 of 266
Kodiak i i i Disc...
AGENDA ITEM #2.6.
Ito
110
Page 139 of 266
Kodiak Fisheries Research Center(KFRC) lease Extension Disc...
AGENDA ITEM .
Exhibit D `
ADDENDUM to the System for Award Management(SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS(Acquisitions Proposals Number
of Leasehold Interests In RealProperty) 5AK0353
Complata appropriate boxes,sign the form,and alfach to offer.
The Offeror makes the following aMtional Represents . NOTE: The'Offeror,'as used on this form,
is the owner of the property offered,not an!ndrvidual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) The North caurt - ) code for this rrition Is
5311200. unless the real property is sefstorage tion 831130, hand (0531190), orresidetial
(4'531110).
(2)The small business size standard Is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3)The small business size standard for a concern which submits an offer in its own name,
other than on a constnrction or service contract, but which proposes to furnish a product
which it did not Itself manufactu're,is 500 employees.
(b) The System for Award Management (SAM) is a centrally located, searchable database which
assists in the develoment.maintenance,and Drovislon of sources for future procurements.The
Offeror,by signing this addendum,hereby certifies he is registered In SAM.
( ]
Registration Active and Copy Attached
2. 55220-72 REPRESENTATION Y CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY ORA FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION)(OCT 13)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012(Pub.L. 112-74),and Section 101 of the Continuinngg Appropriations Act,2.014(Pub.L.
113-16)none of the funds ma avails by the Conlinufng Appropriations Act 2014 maybe
used 10 enter into a contract action with any corporation that—
(1) Has any unpaid Federal tax liability that has bean assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed,and that is not being
paid In a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability,where the awarding agency is aware of the unpaid tax
liability,unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action Is not necessary to
protect the interests of the Government,or
(2) Was convicted,or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months,where the awarding agency is aware of the conviction,unless
the agency has considered suspension or debarment of the co lion or such officer
or agent and made a determination that this action is not necessary to protect the
Interests of the Government.
(b) The Contractor represents that—
(1) It Is[]Is not[]a corporation that has any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or
ttt
GSA FORM 3516-SAM PAGE 1 (04115)
Page 140 of 266
Kodiak Fisheries Research Center(KFC) Lease Extension Disc...
AGENDA ITEM #2.b.
112
Exhibit
have lapsed,and that is not being paid in a timely mariner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is[]is not[I a corporation that was convicted,or had an officer oragent of the
coq)orallon acting on behalf at the corporation,convicted at a felony criminal violation
under any Federal law within the preceding ant .
OFFEROR OR NAME.ADDRESS(INCLUDING ZIP TELEPHONE NUMBER
LEGALLY AUTHORIZED
REPRESENTATIVE
na ate.......................
GSA FORM 3510gy A (04115)
112
Page 141 of 266
AGENDA ITEM #2.b.
113
Page 142 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
IL
� EXHIBIT
ll
E
..........................
Replacement and Renewal Reserve
0
M 7,57 1177
EsOmaor GSA Cov Esflmatw 'r,utall IiIIIIIIIIIIIiIH1114
!System NHMCust Amwall(kat
roundetion/Subaruct. NP S 0 Has lis,vsheO Oem
n
So a I hi luv„i0wH nem
SOQ01010 IM 15 S, .0 TN is,:i,5 hCH eIcm
r ExterhorWindaws 3o S, 449,NM IM 6 14.%G.fi7 Tt j Is,pi shipIll Oin
In wj,0'00 0,15 2,SN,67 Msiaashohlcyn
Into
9.33333 11111,60HIH IIICM
IniR®r Pi"ItZE FREI601 5 1 mi?,2se(w
in Item
iten;
:ntarkar Flkwr Finishes
2Q000 U11i
la Iln"s TO ...................... $ 9,025M tlYnaa m% hem
Conveyingspleimt 401 S 66,01010.00 J5 toy rNs 1115,ashd"CIITw
Numbing Piping S6 Water INeN Iu1''It%Ill CH ufluvsn
Numbing piping 50 1” 17,01010 tKi S 2,%GW Mudes Sea WaRet Sasaems. uIjis ir a&iajj!q jjWejjoj
Numbing Flklur� 50 S Ciii S 1,171,= Ineludes.sea Waver'systams. h4 iiis,a OwH hem
Fire Pfmedmn/suirpres� 111;�k99:IDG $ 2, 3.6'7 NS 111%,asheO illem
.............................-1 �I�I. I..I
25 S 68 0010 M $ 2JUM tlNill:ia!Omfl limn
i� — -------------
HYAC Oistribuflon 1:111 UX110 Ulp s 2fiA28-57 hem
HVAC Equipment 30 IJIMSAIMI 0111 5 62.166,67 ilis-a%ii:-H'Re"m
------------------
lein
?S r MOM& S 2.13331 ihaiii,adwfliftem
EleavicalOisuribution u9,000 DO $ %swou Thh,ii,asbeH lem
Electirkmi[l;,htins ftdmk�f 4 nRV w 22,4200111 19,08M7 Tlift is,p 0a,aH lj,cm
Elecukal Parking Lighting Extrrf Sci,s 12,floo Lill S 240..E iNs h''a UMV
118 S 27AWPOO
...............
5—9,707,612 0111 245a166.M
ww
394,61241 NOAA'S sham*75.3%
G)
Lessor f Guet
----------
................
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
erg y
........................................................................................................................................................................................................................................................................................................ .......................
C
Pr
AmortizationSchedule
Exhibit
®
9
(1
1,925.619.98
50"Ki
Cr 1i i.'1XI
15 1
r d'flllP015
End
n
...._.......... _...._.._._.... ..........................._...... _.... ...._............._ _....__.._....._..... ........,.. ,., .,,,,,,,,,,,, ., .°
w' Capital
so
lipst< opening
i t
Closing ti;t� a ia'1a1�1i
PI�1171ait1 us i� n R t °
. ,,.w m. .,..._ M... .m ,,. " 1111111w t1�i LC. t2li 11111 i7 F14sIm,,.m
rXn ,141m,d"7illpg X� 111 WX11151171.MI 19'5420 ^SA,11931 57717'.5811 11„!SmuU,445'54 1YeAS%IG'A
IF'arlP.a-'�7V�D fi1pi 2 1,08„1154!2.:75 9.691„449.4'0 5 51910 411 15745. 11„!7175,.5.41."1:.4 B1"2171'!'1'x
1w411.caaa962 3 1.4N 1,,1221.25 1:11,3594.49 1;,592!'2.4 4b.525.,'"45 II 58:5'!11X1 151
�4�5,oa aT.818 4 1,55'1T,;722AW 1165„'�7d05.511 ,a�2�5..157 9,165624 1„1145�7,.545',;1d51 54.8'!115 a IS011%
IN4re!y�`25115 5 1,V&?07,;'74a1'N.4t6 115":N40.51 "fi';51114„5;7 RAM Pe l i3,!Ii�Sll'!'A'S
2awaw2'.mNg111 5 1°d971',4�S1„'.5fl 11"s 4587:31 SAM,go 9,�19113.02 iI,,IISSb"';YM'IN 'ICNS..!IS'% 1.0�01%
�9aA 2119115 "7' 1°x947715155'74 11!5,,3895111 5„ "du.8°7' 'IR„44$."74 1„1ND','�S�'P',;a'ffi2!5,170 '0.4"15, 19�51"'4
�b 248.; 111&, aS P.557,111�7:5W 115„5597,5'11 5.4015.117"7 111.107174 1,1194"7,051121 '58..119916 31011
Ba157401i1118 '15 1°047„10,5�3,V 115"NIM150 5,3M go '1110J11„02 "11.155702&A '05.4'%151 5:9�0%
187x5;219118 1115 N,837,1S0d7.44 1'.11.;N591411 5„M!S.82 1117,111C48r,N 1„11N27',A22,4'.d1 94 D% 3,;11055„
IWN;'97i]111a9 111111 1xviS'22:.4'15 115.389.8111 ;'"x,18,171.,47 91171,11'61:!941152'4 11.149T,Y„1'51512,;71 '94 3% ;,150^'4
1Cwcu"a-INDIIiN 12 1.585'.;11581,4u.2N1 1185,„9aa4X.IW11 SJ 1..25 01.54 1„111101 '28.17"!lU .11„51191
aB31u 2011,7 71„a R.NIIPz,474.15;1 91'S.;4N4Pb.M SV�I on 'III 91S OT to°757"He,69k 53.1746, 31.,119115^15,
o-"�roNu-97P17H7' IA 1,7073imy 02 111 .1„5are;a.59 '1111.1147„52 ill°7x97'„2x^9110 '92'..II 114 ,'3.:9�0
SN�Sur.,5tl1re7 11!.11 A7.'179''7^71'.18$ 1:5 UP 1811 8„'2'17..1748 110,„11l"71.2 117"4"7'.10,11!5'11 1 5.,iCK
17U5rc•;'171171115 16 7177'7,12,21.785 115.4mA 511 16"n.1,1117.'0.871 1112„',7.N977,,no 174a 82:510 15115"1517..!10%,
1May.;2151°7 17 1 7m,IM25,,10 1'717876.1111 :5115',;7'24 'I10'MaS,7 14I N',;!NW 511 !71121M7 3'1.474%
,7eunr7'1p'17' 15 1 ISS,'S151N.1&1 115,„7587.40 S 1123.'M 111102M.43 III 7477,7722'.15 1551.6% 7„!Vd7175
.I5n7;79711'4' 147 'L71414,,322.'95 111„55x8.50 17'1$?1117,44 111112176.1717 1771514512!551 IN.'7"4 'V5704.
04,.710 20 7:'11;.54.157'4'.871 15„7577.:51 14 11167,,.'197777:417 1'7;.1544'159..41 155.6% :!s 50%
157 74717 29IS 389 5„011.2!1B 1152 1,115;'7w7'17.'.54 547..80% 7.1571011M
11,74°7V7717117 22 N,7915.34;2,5111 1,"u,.;389511 5,.003.N 1I0,.,'N445:H3 11,"71@4.'51x,515 156 1111 ',,,W.!7mt451'1'o-
.fem 111 23 '0,774„1511117'0.5 45„285.40 4.17711."a5 111744117x772 '11,57M47,118µ1114 IPA 5' 12!541%
114 Lessor Goy°t
7;
0
21
Exhibit F Bond Amortization Schedule
C.
CD
0 24 A 11 l!U,,"k'ARsWi 4942 41 1101,447 40 t,wl QIoll W14 1117,4% :31!R11%
0 Jw 2111,1119 25 534,DI"714 To 389 11 A'M V 1.811 11111,477,68 t,873 151!3 pe Ga5% :311104,
Go
w Feb 20 to 26 1673 813 Ra IS U9 6,11 4 1W 131' 111C08A4 5LINX ICIS 42 N
Iwar 2011 27 NNA 105 42 IS"IMA 81 4 BW 72 11111,53D)58 INS 0% 3!!,D%
Apf:211118 20 1 1%5!2'„!Sw 34 11.1 p 11!11,11 4.11!01%1.881 111111589 BQ[ T I 11'815t as 2% 3 i!W%
lhp5�20111111 29 1 341,911'N 5 9 15"IN 11!111 4 F09 I a 1119U„"A165 1.1881;3104 IN SO 71% 3 1
1,531,34 W 63W 37, r4.1' ,NO%
,h&20111111 at '011IRM 29 IS 389 81 4,727 23 131.W2.59 �,16111!11,1011T 71 R3 5% 3 1W%
12010 '42 1111111 low 711 to 399 11 9151U111;0. 1139 51IIII1IA81103 63-1051 SUM.50%
„rWI mille 33 1.199 408 all 151350 31 A864:85 101724.1117 '590,SO I11:11 N!5% 350%
56958156 15"1 0 151 4.11d$5188 Vol'”1115 SFF92700 0199% 350%
1177JW Iry 0,311811 4 4MI:21111 HX787:52! IT$1,98:48 81„9'8 3S51IS
11Y181 8d'VMSM X 1",1„1.48 15310:1111 A 8`N11MD SUIPAIR 5INS:=40 MILIN, 3%%
0,30;9:11 4,539 77' W OSD 54 V 431 459 X8115 90:211% 311,119'X
747b-20 1 0 38 1;,45 4V18.:95 MIS 360 q I 550'7',16117 W082 110 1,15,50,53T 415 719 71% 8.05885.
I 2DIVIIII 39 1,534say 719 115,380131 4 4715 1 111"'IDD 93, 1 W 0 W 3.13 79.11% !J IRS
CD AP72018 40 IS23,673 94 15 3319 81 4 444 1 W D45 76 1,512,726 1 7011„SI76 5 541%
17e7:21ol8 47N 1:512,726 1 WS 3BUI 81 4 02,112 t8,0771 SO 17501 WIN 39, T'F.9% 5 Flo%
,151„711.;1!4117 42 I:Wt 7S171!'1o1 18:87137.174 415011,11 11„V71107.78 1X90,740111,01 3575'% 0150%
0111.^5!111N7.740.1 W51&3 III 4,50"ollIll $1 04 162 1,4 N7VUSUJAIO 3%'111111685 3 5131w,
AwiqpAlflg 44 1.3.519050'111 4811u:79 II1114 11812. 1 4N 624 1 73!11 2416 35487
120 1 a X58 11;41533 624 34 1»855311101 1101 4 HUI 41:11 7d 11f^0132 1 457's N 852 71,11'4!4, 3!13%
9 46 11 915T,5114:152 uM 31o1'IUl 8 T 42S1:101 IND?t 11 446 37MI IBM Ps 11194 3:51111%
1 417 1.-440 3117.in 5 BOB a w 42,111851 191.1771.4`311 1435 21101;801 N 5% 3511%
11I1::'7!(MPJ i's 1 14 JS.851R3.fA 531IMII a6 4,1111113.0I',3 U 11'Z1j WIU $42M ON 61 "n 0% :3!!!iin%
JAIII 2070 40 1 574,755.517 5:31191 a t cuo!;NU),238 48 8,512 7151IVN 7'17.3% NNY%
111Ivlb 21WID 50'1 A'4121,TWA, 11577IBo,1$1 4JE21111 H 11..777%7.4!4 LW 4191101 T2 1'2.71 310%
aii,caurzo 51 s Aaw,gw lz 5,3110 0 M 1.740"7'7$ ri W2,l 0 1„"151'11„11!514.01-.1 721% N 50%
t,30,10?02 "U'.^7117%'1 a l 41054 74 1 11 XV5 UT 1,371111861 W4 7M 16% :15”
11„8,771„11811.5!7 J:!i:Xk81 4;ID21 Ga 11„'..7178.18 M„7987,5'19'17.5;7 ?110% I I
Iwiri,2020 54 t XI?4R3&2 J573119%0 39UP52 11',11411.495 1,351111 ON 53 70 4% JI&0%
11111110200 % 11:,1;OCW:1 3955,2? 111 AN P l 54.4,8:5Fg77 IOU% P:1"IN,
%'5511.770747 SO 04451.1517 )!5,:WN I 32V 92 111„4331'.118 171103 IN,KI agom 350%
V Selp 211:1120 I77M„885.1!55.871 1115 389 31 !1,1!11114 47 111 W 24 1„84,1,6088''8 Sa 10% 8.80"17
510 '1115,IN al 3,11!1:54 9!11 11 534 iiih 1,3111!7,153 88 1118.119'5
14 G)
2021111 1,31115„1137'.7,8%$ '115 380.5111 31,1111211% 11 1 BIDS 1315 oil 01 3 5015 rn
1,292,165 35 :3 707.,u A I W2 N? UN W3�DD
758.18'97 91.3711
Lessor Gov't fti
S1® Exhibit F Bond Amortization Schedule
;U5'fl, UID9511,11:3 03 1 SIMS R T 5.1622.22u U75 346 97 557%,, IV%
CIA
1111A 7.02 02 T,275,3AM? 11031119 5 N. 3,71110 In 11,670 IDS UN!11102 65 ON, 3151011%6
w 83 1.2%221,1'22"11,%'2 16,31119 a 2211O,.72' 1 C704,109 12511,!047°2.52 5!5M 'HSIDIX
rs
84 12:51.11°18'7.:.22','2 02;"111%15,51 21551,2"u5 mm 215:2:2 22402:22 m 64 AV,
0 1"7410,234 6 1119 5 C F1'21go 12219,4157"15 511.5"1, 35110401
0 71011;211112:1 is J5,3189 a 11583 01 110„N!111514.515 III v6 dlna x 63 IlY, :3 51312
JIMPIC121 12 r $2113,155115 30 11„'211'..!55 11I'M123 1,21134 10 1 A'12 02 SIM, $501111
fwg':VM as s zi!IIA'am sz VLUM a '.1..5114 04 10 52'11 717 1IP9211918"A 318% Uill%
R 4 a 1u,.'1W21 39 6 N 1612'..!,illill 225 115.;;111!611.51 11,,1'2'!IIiV 401 m 01.12'%1U4111 95 Al 3% :150%,
Ila 11 11121M222s 111.,211%1.51 2,:112.2%11 $'945 11!, I'111J19 0102 80 an V11 :71%
Cj s 71 1 )5911 IS,359.01 3 40101 Ila 11,97919 1 95111.011':' RP SO IN, 3 MM
”' IIY1u»8121'1S2'U 712: 15"M:a 8 22;271511 U.51493 U 251,2111E?59 1166822, 350%
r;
721111 20122 73 1'01':1.121'52.15 111,x22251 3 13!111 GO 12.525x1'1 v1[111„1,212.22 215% 21211”
IN
Ill 12022 33 1 UZ 1'5,,22'1121.51 131101 89 U oavu 1121225.''u2.55 55.2°11 21N121111,
1211 %,1'211'11111112.,50 115,389:89 3.250145 Qjzn�1111li 11121!6.1106;22,:51 52':5%, 3 w%
211022 75 1.1DO 1132 44 1:5 S88 M 31,211011 U11 M?2: 1678 7? 56-52211 �3 I
77, W MMIS 72 116 389.8111 31''HIM,54 QJW II[Y �cilli'l 49!5.55 SCII-M, 3,Wif,
M 411322 WIS, 10544:15,55 u5„'11'1!%11.21 3,1163 US Q 220 7:3 1,11"1"212!'.51!'1.2121 1111:1`160 350%
0 ROX122 70 fl 0172''Z5111 33 12211111,1611 31,127 42 Q110123101 '5 01115111;211�2�1 1111.0% 1501%
M
0 12001! so 1,050 11011100 44 11555%1.51 .3 12 221'0,101 &122118111511."1!15 111:151 '1.:„""11112,
UV Gilp=22 51 fl100 WA 28 11,6.2015.51 11110155 To 1211114 0:2 1121211.181"251 537% j 50%
C) 1111.11V211.V I TIMID 5:0 120112.00011 V I C'M 21111 526..1"15 21..50'1'112
11 RAW &I 19101,26 1!!1.218111.11'6 21112'.2."116 T2,4111111,01111 1040 Sao J19 5215% 5012221
DIC40'ZZ 04 10113511010 M 1!!!11" 9,1111 '„4,:1122.1111 TZ4422M, IM"t45.'502 511.10% 3:90%
J11921023 50'1 I Kli rn, 15,389 11111 111'16100.7'21 12,47111155 121:52"17,117 6122 35111%
1'SN1-2!all 06 I1 8411„17 101x51112,;11111 2.1110"11.115 W2,5114 951 1171M 43 50,15% 1511111%
I 70V 57 26111,:01112:^266 M 38PAII 11 Z 111136M fl 2 55145 900 30111 140 WKI 315M
A11-2923 IN, I1111$1'011 fjoo,qq' V5,389111 11 '2 Wr 75 T2,51811 Ca I a 12 U2 025.12'5 a 501%
k4mv,0112j Do 11148,042.92 11"6„5115 @111 111"5'.1:61^0 1 2 5'22,.7"'1 935,3801 1:5 1.5.01V!101 '01.511%
Jun 21023 W 0!!!0,389111 '20,1,8211.2'71 17051"1..1111 5220„72051M, 47,!01% M11%
7157/I23 W 26'5'389:11 1111211.1!!:11 2 M 52 'U'm 02,M11173 4;1:21% 3,91511%,
111u5"2023 02 511151@272.:03 CLWIR 3,11 2,654 25 1 10107.29241 461!11A. 311
:Sep 2023 93 1111110^1',21M2 47 is"AD 111 '2:,,,%'1'101'751 121117721$ 211194 UP MI; Cli I 3!11515
C'M 2023 114 1111122.51791'1121 $5309:31 2:H79 HIS 0251115.1111 16:1'111'115,111110;,11 12 02121 1.511%
11p 1114,26220011 05 101190 709,601 13,36RI$11 2542:40 1211111".32 11115.31102..211!16 22517%1 3.1161115 G)
o mvli go 011•.56!01.11112:.:1.3 H'IMU 1 2 W 021.12:6116112.70 G 6 5:01 FY did, 4351111. :150% rn
J0110-',2:4'11'21� 97 IRS gill,1516 2407,431 Wm'!"GIP2 M 033.05531 41321'61, 3 611111% Z
Ila) 11,
Lessor Gov"t N
Ila Lr-
n
A
0
®n
w
=r 110 Exhibit F and Amortization Schedule
M
ro
Ill nn
211=4 93 11133,03 311 2,221871 Q PMii cin, 13;1'13!51951.:24 42611 352'11"2
Iwo Mm 09524 a A 2,399 lig AIM?11AY fillir 097'.20;1 '1'11..'3'!% 3,M%
as
22:11,20221 iinai 4WRfflU7:3FM1,3101ro of 2354103 13.015,711,11; P011 Do&do 41!2!,'!% 3 1AIM
gr f11121-215,74 J115,11 TS2I12311 so US 5111!11'.3:1 Z3113.131 12:3"17511.1111"V 11M,WNP,so 405% 3 511�11%
0 111ifill,2024, 111112, 70915,337„11N'1 1,„1'112 1 2 2717,0:1l, $3,1111 1113 73151.37 5 17 39 11113, J I
(D ji's 2024 Jlvl� 707,875 P 9:5,3819 a 84 13,511�11 11 754,725 70 3%2% 1 51101%.
Aug-2024 v1w 754,725 711l1 9 All,Milt 0 211B W3,I F41,537,17, N95% 111
Ralp 21174 11111
77%.L77I I 15,309 a 2„1151'2..110 1"1.23'15152 1F211,35ID ho 37 1IsIAn 3:51213'1,
'R
00=4 111151 728,3110 110 ISMS M ,2„12!1":22 A3 RIMP 7$5.0414 flill 37 1'1% 3:91013'1,
A II u:,iP,znz4 11:17 TWID"Ot is INIA a 2J11R3!5:AA t11:3111MAJ40:14 3641% 3:511:113",
;13
0 1kiu,2024 11011 71 ,,rt3:312 111531:1121.m 2.31+3,'72 Q N)Olf 6819,1107 2 ill 111,5`111 31,50%
I'm 2025 JOR 088,119725 J5,3182 a 2 ovir�!11::w VIM Q11A SHIA 1 5 2:01 015 0% 2:541%
11511314111,31Mal 79 112 116111„531.2'1B 54 3511-. 1:!114%
1927:2025 W'S94!20 )53189 a I 111101165, M,411!111'd11 16 a aa,A 3's,,A A 33,0% 3501%
&wi 2025 1, 327,1;5'1.11 "11:5241511 RMI:MA 0,*10942 011^1.331."711 12.0"311; 35016
rn III 111 12541.3.31.`10 15 VIO 0 1!1151'11.112 1 1J1$I14?U 62 1DOS W .11,2,.2% ;11150%
X
9 lilin,= 321 J17115.no flH 311MM 'u;%01111!!31 111,1.11'11520 80,51 2 M :44 51% ',8111%3314
M jila 202:5 1[111 is 607"11i1 7 02 1,'1,,.130.01 1'77193 13
au,ea M 11111,014 311111.5111. Viscild
Aug 210125 '111115 T4 A 15,389 1 17L'31µ2.:211 1:11..5!57,3%1 S13124214 '21.1.11% 5 M
Sells 20,25 11"11 5453L242$4 11!!5;2110..1'1 11111, 11 J,&1A1V 44 5,63 564 To 294% a1.4!1",
0 Q1 MI25 1111 W19560 70 AS 399 M 11,557.42 1I:AI,7jF,3q SU 0111011 if 20 7% 1 M
fS U$
Pa.21025 AMP 11552'..5855..3 113,389 61 1129'11151.;241 11,5"1"11'.23 63911112:101 SO 240:3% 1 UN,
r13C.2110125 tM claglin M 15,MHVIIIII 15"x1251:'7' 11:51a 01 U 525:212 22 27,01% 350%
ldmnamim VIA 3251212::22 As"M0,11111 A 531 all 1',0.11:8657,31 SMI IL,:344,17 21315"3 350%
1:1067210,26 122 5'%31, 15927 15,359,81 1'1911:111 113 NW30 257.444.31 2!1111'151 350%
111 117:3 WAS$0 B 11115 2199,11 11.211111.3'9 I::%glugm Cilp:sII,02! 253"3 j W%
ft2011, 124 AMAMI ga! 2m.1271111.51'11 1.41102!'51 13 VP 155 4691,537 AS 244114 3 UPY,
20,119 125 659!S17 do 211353,141111 1„"705,:15 11177"1!12-.511"1 45:35$7 J4 211161% 1511%
AN 4:1 1„!!177'.12 215,311283.1111111 21123..of 141µ1%H'2'.2. 441,4155,:12, 7721111111% 3.:575113%
Bs2'2512131 1212 441 41P5.02 '11:5"333 31 120753 Ad"021:2:j 272135360 2222 ,3:5'111'12,3
04111A1 202" UIR 4.21„1151!5'5 15 33911 A 1 US as M,1433115 41`1.2101'1513 2111'% 3510111001
fi75'i8u-20120 129 4113 2 AD 3353"1 A 1,2m1i:2110, 14,N 54,131 31,00 025 P[ 210 M 3 510%
rJU20,20 3109,025?'1[ 15:3111101-4107 11110111.5'3 %4,12.5IMP 31155 Irg,y3 201'111r1µ 31.5101%
1111 3184 1109 F3 A A 8221.:.11'85 bA 4 2ol 411 31 022
0, 5 15.,0'.31 151011% ill,
11221.727113 132 117701"72:2,11 5 115111.4111 T.W11)r? 4A11pol uij� %15802231115 All �1510%
M1101215[2'1' 113 :35422 ,11Iµ,11 15,3811158 T'O"Willill G)
& Folb 2027 13114 50172:33 1.5:31111111.31 DOI 11:,; 041 311;7,1110 327 4701,1015 110% :1150%
Ito Lessor Gov't
M
X
0
2!
fo
=r 120 Exhibit F Bond Amortization Schedule
M
M IIWN X127 1:35 327,47POS9u:389 11 WIM U 5 1�4'XMAJG 3 U!11 CI 99 WZ% :3!!!,UI%
M
I Ap,2027 91 3 0�044 M U5,310:101 fit 90101 14,,4175 715 20101564 71 V51% :3!!!!In%
a) 1APpArd :37 M 588 23 1 5"Up a t 87fl 92 14,51099 21114 CAU 24 T4 7%
a r AN-207? II pd1A
2N."JUPPO 7.4 V!1,331II D t B20 48 M MI1,33 211111ill,4117 91 T411'
:3 501%
0 ROI CHOI MAP a I Hi 31119 8 t 7610101 14,;603111110 2:154 111164 IG 1,3 21 3 5M
040g1112w? 141D 254 184 10 1:538121 01. TOM 14,0415 41D 241011237:79 N25% 350%
S111:12OU 141 20 277'7% 1a.911121181 72NU159 M,;Mp 11!kI 225 546 59 7 1% 350%
Oa4!110127 142 225 SCM 54 1153109 0 11 5d1;155 KT!I 11,11im, 21010 N a M 3 50%
I7 ,2111127 143 NO 1116 W 11153189 M &J4 11A HJU I VIN 04 R 71101 MR,% 3 11!10%
113erM27 144 TM,U5M IV 1:93189 61 :7 1791 T4 113 09 110AZU 1 94% 11
0 Jan 4129, 145 1 stm u 1:9389 1 5285? KIM[24 ISO.=ta 61wr. N IiI
lFd,2028 1-0 9159A'!yj2 44 1:5384 A A&!:,2':2 14 Kk!!:9 15i IP 457 111 9% 211
111111?2922 147, 151 4!!rd,B.5 TO 30V IN 441 TS fl7 DO 13c'm 710 11% 31501%
Ap Niiza $49 110,09 10 15)MAI 3pa 15 4 MI 66 QULD 14 631% 3
Way:2028 149 121,5118 14 15 38D 81 354 413 15,1015 18 $00,452 IS 15 1 21 I'M
�n Aw 21528 1105,492 75 15 3IM 11 310 57 15,11792.4 DI1,40352 4 71, 3 M
J0217Ii A7U !1011 40 T2 15 369 11 Mi 59 II5 1:23 22 211,28C170, 40%
UD UD emig:2028 M"HI 15,35IL11111 2:22 Q Nii Mull, a 112 go ;k«2% 3501%
0 SqN,2026 al tUDH $5,3n 1111 1 fa 2.1 115W'M 45'IMIA A 1 24% 3101%
:3 Ckl':Me 45 W�411 M389111 M 115 ZOO 30j:I&Ii M T,6% :3150%
21026 9 55 34,645,411 W5,38p Ill go 115,=cil II,5,3 15 05 08% 1 MIX
0 115111rc 2102A 9515 7112.II M UP 15444710 I'S 145 105
Do U 0% 3 50%
WERE ji TR .0, 161
..........................I...............
Lessor Gov"t
rn
9,77
M
93
m
ro
;u
(D
rp
CD
ro
=r
0
ro
ro
(D
rom
Q
121
4t
N
tr
AGENDA ITEM
. .
,zz
TENANT CONTRIBUTION TO TOU HT NK AND AQUARIUM
Kodiak Fisheries Research Center
Public Aquarium and Touch tank
The Kodiak Fisheries Research Center(KFRC)houses a 3,500 gallon, 10-foot diameter,
cylindrical aquarium and an open"touch tank"to support public education and
interaction with some of Kodiak's marine species. For 17 years NOAA has taken care of
stocking the aquaria,care and feeding of animals,and all costs associated with the
maintenance of the seawater delivery system and the reception staff who interact with the
public.The following are approximate annual costs associated with maintaining the
KFRC aquarium and touch tank.
• Staffing(person hours)
ioil Animal feeding&care:$55,000
o Animal collection:$6,000
• Supplies
o Food:$2,000
o Collection:$10,000
o Laboratory:$1,000
• proportion of water flow in facility:
o The Aquarium and touchtank use-AG-50 gallons per minute of filtered
seawater which is 25-701;^6 of the total filtered seawater in use at the
facility. Electrical and maintenance costs for the use of seawater are paid
for by the KFRC tenants. It is not possible to at present to estimate
NOAA's contribution for this
Total Estimated Contribution: $74,0001year
In addition to direct financial support for the public outreach portion of the KFRC,
NOAA contributions are important to the Kodiak Island community in a number of other
ways:
• In 2015,NOAA paid for 5V,0' of a HVAC renewal project to make the facility
more energy efficient and reduce costs to all tenants of the facility.This currently
provides a benefit to the State of Alaska,Kodiak Regional Aquaculture
Association,and the Kodiak Island Borough School District.
• NOAA scientists support the Kodiak community by providing a 24/7 resource for
questions about ocean science, fisheries,marine mammals,and other marine
organisms.
• NOAA scientists engage in the local K-12 education by supporting the Kodiak
Ocean Science Discovery Laboratory with staff time and teaching space(ca.925
ftz included in our rentable space). Although the staff time has not been tallied,
the space adds approximately$26,000 to our annual rent. Scientists also spend
time doing guest lectures in school classrooms and provide educational
presentations(e.g. Envirothon,shark dissection,marine biology, fisheries)
• NOAA scientists conduct research and surveys to support fisheries and fisheries
management in the North Pacific. Research and survey results are frequently
122
Page 151 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM 2. .
12J
presented to the community to update the public. Presentations occur during
COMFISH,through the Rural Forum,Kodiak Marine Science Symposium,during
North Pacific Fisheries Management Council meetings,at special briefings
coordinated by the Alaska Groundfish Databank,and other venues.
123
Page 152 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM . .
STANDARD
FEBRUARYIM EDInON US GOVERNMENT
GENRAL
ADM 41STRAR Es LEASE FOR REAL_ PROPERTY
r�,R�s�
=P'R t,rcFR)1.,6.601
GATE OF LEASE LEASE NO, BUILDING#
IGS-108-06090 AK3331ZZ
THIS LEASE,made and entered into this date by and between KODIAK ISLAND BOROUGH,A BOROUGH
GOVERNMENT ORGANIZED UNDER THE LAWS OF THE STATE OF ALASKA
whoaeaddress it; 710 MILL BAY ROAD
KODIAK,ALASKA 99615
and whose interest In the property hereinafter described is that of Owner
hereinafter called the Lessor„and the UNITED STATES OF AMERICA,hereinafter called the Government
WITNESSETH'' The parties hereto for the considerations hereinafter mentioned,covenant and agree as follows:
i. The Lessor hereby leases to the Government the following described premises: A total of 20.,013 net usable square
feet of laboratory and common area space as described in Exhibit A
lobeusedfar THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
OCTOBER 1 1998 through SEPTEMBER 30. 2018, subject to termination
and renewal rights as may be hereinafter set forth
3. The Government shall pay the Lessor annual rent of$ SEE EXHIBIT_B
al the rate of$ SEE EXHIBIT B per SEE EXHIBIT B in arrears
Bent for a lesser period shelf be prorated. Rent checks shall be made payable to:
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
4. This lease may be renewed at the option of the Government.for the following terms and at the following rentals:Tenant
shall have the option to extend the initial twenty(20)year term of this agreement for up to four
(4) additional five(5)year periods on the same terms and conditions at the expiration of the initial
twenty (20)year term.
provided notice be given in writing to the Lessor at least 120 days before the end of the original lease term or any renewal term;all other
terms and conditions of this lease shall remain the some during any renewal term. Said notice shall be computed com mendng with the day after the
data of mailing.
1
Page 153 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM .
S. the Lessor shad furnish to the Government,as part of the rental consideration,the following:
a) All services, maintenance, and utilities as specified in the Lease Agreement.
b) The premises shall be constructed in accordance with final Design Development
Drawings:
(1) Construction documents. Kodiak Island Borough Near Island Research Facility.
Volume 1. Civil, Seawater System, Landscape, Architectural, Structural. 95%
Submittal. Kodiak, AK. April 18, 1997. ECIIHyer NBBJ Associated Architects.
(2)Construction documents. Kodiak Island Borough Near Island Research f=acility.
Volume 2. Mechanical, Electrical. 95% Submittal. Kodiak, AK. April 18, 1997,
ECIIHyer NBBJ Associated Architects.
(3) Design Development Submittal. Kodiak Island Borough Near Island Research
Facility. Project Manual. Volumes 1 & 2. 95% Submittal. Kodiak, AK. April 18,
1997. ECIIHyer NBBJ Associated Architects.
6 The following are attached and made a part hereoF.
Exhibit A- Demised Premises & Floor Plans
Exhibit B -Schedule of Annual Rent Payments
Exhibit C -GSA Form 1217
Exhibit D -GSA Forms 3517, and 3518
Exhibit E -Services, Maintenance, and Utilities
Exhibit F -Miscellaneous Labor Clauses
Exhibit G - Operating Costs
Exhibit H- Project Costs %su IJ D 06
Exhibit I - Basic Guidelines for Telecommunications Network Distributi
7 The following changes were made in this lease prior to Its execution;
IN WITNESS WHEREOF,the panties herato have hereunto subscribed their names as of the date first above written
LESSOR KODIAK ISLAND OROUH
b
BY MAYOR JERO E M.SE.LBY - — of
(Nanre/Sfgnature) r5ignafure)
--t—
r"THE p eseNCE OP' a to
NWalS' aturo) ® Address
UNITED ST of AM A
a� CONTRACTING OFFICER
By f]®UGLAS B. FOSTER GENERAL.SERVICES ADMINISTRATION
(NamelSlgnafure Omdal N/
2
Page 154 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
DEMISED PREMISES
Exhibit to Agreement between Kodiak Island Borough, as Landlord, and the
U.S. Government for the Department of commerce, National Oceanic and
Atmospheric Administration, as Tenant.
Approximately 20,013 net usable square feet of office and laboratory space, and
utilization of the seawater system, all of which relate to the planned Near Island
Research Facility, which is affixed to:
Tract B of a portion of United States Survey 4947
according to plat No. 86-20 in the Kodiak Recording
District, Third Judicial Distract, State of Alaska
The space is allocated as follows:
13,109 nusf of laboratory space and
6,904 nusf of common support space
Page 155 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM . .
Q EXHIBIT A
F NIP
2
"
5 'S brut.• -• '�" 1'J'•! q dJw$.�•]ti A u
,yry • ! 1 f dh 1? a 61 9
e.
• j ' f .4 •�1 a4. f,
1.a.,�„r r: I
(”`
t �
! tr�W
. �•`
l !• ti-;ca`, �' r�i�`:f�iR"
-
-
r.4 3�` � •q' .�q
�f
~i
✓ '�.=�'
® ` LL
I ` `4 !
U-
Page 156 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA !r . .
EXHIBIT A
1
mill,
�``�� � � �l 4 `•••'R'iti�•S
�� -�! He i:r 57� •,� ��.
VS
' I
1• 1
Iib , - �yyygy�
ru
1
rR ^
O ®f•
rE _
•YY
a • $ w
CO
• T
Page 157 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
HOLDING OVER. In the event that the Tenant holds over at or after the end of the
term,, the tenancy shall be deemed a month-to-month tenancy commencing on the first
day of the hold-over period.
SI1G�.NS. Tenants agrees that any signs installed on the demised premises shall be with
the written consent of the Landlord, not to be unreasonably withheld.
MEMORANDUM OF LEASE, Tenant agrees that Tenant will not record this lease. At
the request of either Landlord or Tenant, the parties shall execute a memorandum of
lease for recording purpose in lieu of recording this lease, in such form as may be
satisfactory to their respective attorneys.
EXCUSE OF NON-PERFORMANCE
pe , Either party hereto shall be excused from
rforming any or all of its obligations hereunder with respect to any repair and
construction work required under the terms of this lease for such times the performance
of any such obligation is prevented or delayed by an act of God, floods, explosion, the
elements, war„ invasion, insurrection, riot, mob violence, sabotage, inability to procure
labor„ equipment, facilities, materials or supplies in the open market, failure of
transportation, strikes, lockouts, action by labor unions, or laws or order of
governmental agencies, or any other cause whether similar or dissimilar to the
foregoing which is not within the reasonable control of such party.
CDNSTRUCTION OF LEASE. This lease shall be governed by and construed in
accordance with the laws of the State of Alaska and Federal laws..
Words of gender used in this lease shall mean and include any other gender, and
singular shall mean and include the plural and the plural the singular, where applicable,
and when the sense required.
ENTIRE AGREEMENT. This Agreement, and Exhibits and documents referred to
herein, set forth all of the terms, conditions, covenants and agreements of the parties
relative to the subject matter hereof and supersede any and all former agreements, oral
or written, which, upon the execution and delivery hereof, are hereby terminated and no
further force and effect. There are no terms, conditions, covenants or agreements with
respect hereto except as herein provided.
PLANS WITH OFFER. All plans submitted for consideration must have been
generated by a Computer-Aided Design (CAD) program which is compatible with
AutoCAD Release 12, The preferred file extension is .DWG, but DWG or >IGES file
extensions are acceptable. All clean and purged files are to be submitted on 3' '
or 5-'/< inch high density diskettes. All disks must be accompanied with a written� inch
indicating the layering standard used to ensure all information is recoverable.
matrix
shall include a proposed corridor pattern for typical floors and/or fl Plans
artial
architectural features of the space must be accurately shown. p Dors. AN
Page 1513 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
OCCUPATIONAL PROTECTION, HEALTH AND-ENVIRONMENTAL. The leased
space shall not expose the occupant to undue safety and environmental risks.
HANDICAP ACCESSIBILITY FOR NEW CONSTRUCTION. To be considered for
award, buildings to be constructed must fully meet the new construction requirements of
the Uniform Federal Accessibility Standards (UFAS) (Federal Register vol. 49, No. 153,
August 7, 1984, reissued as FED. STD. 795, dated April 1, 1988, and amended by
Federal Property Management Regulations Amendment D-88, 54 FR 12627, March 28,
1989). Copies of UFAS and the amendment are available from the Contracting Officer
upon request.
SEISMIC SAFETY FOR NEW CONSTRUCTION. If an Offeror proposes to satisfy the
requirements of this solicitation through the construction of a new building or the
construction of an addition to an existing building, then such new building or addition
shall fully meet seismic safety standards, as described below.
For those buildings or additions to buildings described above, the Offeror shall provide
a written certification from a licensed structural engineer that the building(s)conforms to
the seismic standards for new construction of the current (as of the date of this
solicitation) edition of the ICBO Uniform Building Code the BOCA National Building
Code or the SBCCI Standard Building Code.
ENERGY COST SAVINGS. All offerors are encouraged to contact an energy service
company qualified under the Energy Policy Act to perform Energy Savings Performance
Contracts (ESPC) to determine whether opportunities for cost effective energy
improvements to the space are available.
A list of energy service companies qualified under the Energy Policy Act to perform
ESPCs, as well as additional information on cost effective energy efficiency,
renewables, and water conservation may be obtained by writing to: US Department of
Energy, Federal Energy Management, EE-90, Washington, DC 20585 or by calling the
FEMP HELP DESK at 1-800-566-2877 and asking for the ESPC qualified list.
PARKING. The Landlord shall provide 27 stripped parking spaces for employee
vehicles,4 Government vehicles, and 3 for boats.
7
Page 159 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM # . .
EXHIBIT A
HANDICAPPED. All offerors received in response to the request for"Best and Final'
offers will be initially evaluated to determine whether the offers fully meet the
handicapped accessibility requirements for new construction of the Uniform Federal
Accessibility Standards (UFAS) (Federal Register vol. 49, No. 153, August 7, 1984,
reissued as FED. STD. 795, dated April 1, 1988, and amended by Federal Property
Management Regulations Amendment D-88, 54 FR 12627, March 28, 1989). All
technical requirements for handicapped accessibility in this solicitation are the same as
those in Section 4.1.2 Accessible Buildings, New Construction, of UFAS. When
clarification is required, UFAS shall be consulted. If any offers are received which fully
meet handicapped requirements of new construction, then other offers which do not
fully meet these requirements will not be considered.
FULL COMPLIANCE:
"Fully meets" as used herein with respect to the handicapped requirements means
the offer fully complies with the requirements slated in the following subparagraphs
of"Handicapped Accessibility":
Parking and Loading Zones, Route, Entrance and Egress, Ramps, Stairs,
Handrails, Doors, Elevators, Telephones, Controls, Signage, Alarms, Drinking
Fountains, Storage Facilities, Seating and Work Stations, Assembly Areas, and
Toilet Rooms.
SUBSTANTIAL COMPLIANCE:
In accordance with UFAS, if no offer is received which fully meets handicapped
accessibility requirements of new construction, but an offer(s) is received which
substantially meets these requirements, then other offers which do not substantially
meet these requirements will not be considered. "Substantially meets" as used
herein with respect to the handicapped requirements means the offer fully complies
with the requirements stated in the following subparagraphs of "Handicapped
Accessibility":
Barking and Loading Zones, Route, Ramps, Entrance and Egress, Stairs, Doors,
Drinking Fountains, Toilet Rooms and at least one elevator where necessary for
route.
LESS THAN SUBSTANTIAL_COMPLIANCE.,
In accordance with UFAS, if no offer is received which either fully or substantially
meets handicapped accessibility requirements of new construction, consideration
will be given only to offers which meet the following minimum requirements:
(a) At least one accessible route shall be provided from an accessible entrance to
the leased space and all required accessible areas. At least one elevator shall
be provided where necessary for accessible route. Other handicapped
paragraphs shall apply as necessary, including but not limited to Controls and
Signage.
e
Page 160 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(b) If parking is provided, then accessible spaces shall be provided in conformance
with the table in the handicapped "Parking and Loading Zones"specifications.
(c) Accessible toilet rooms shall be provided as follows:
(1) Where more than one toilet room for each sex is provided on a floor on
which the Government leases space, at least one toilet room for each sex
on that floor shall be accessible.
(2) Where only one toilet room for each sex is provided on a floor on which the
Government leases space, either one unisex toilet room or one toilet room
for each sex on that floor shall be accessible.
(3) Where only one toilet room is provided in a building where the Government
leases space, one unisex toilet room shall be accessible.
(4) In a qualified historic building where the Advisory Council on Historic
Preservation determines that providing the above minimum accessible
toilet facilities would threaten or destroy the historic integrity of the space,
at least one unisex toilet room in the building shall be accessible.
If no offer is received which meets the minimum requirements described above,
offers will not be considered unless a waiver of handicapped requirements is
requested by the Contracting Officer and granted by the GSA Administrator.
HANDICAPPED AND SEISMIC SAFETY. All offerors received in response to the request
for"Best and Final"offers will be initially evaluated to determine whether the offers fully
meet the seismic safety requirements of the Uniform Building Code (UBC) and the
handicapped accessibility requirements for new construction of the Uniform Federal
Accessibility Standards (UFAS) (Federal Register vol. 49, No. 153, August 7, 1984,
reissued as FED. STD. 795, dated April 1, 1988, and amended by Federal Property
Management Regulations Amendment D-88, 54 FR 12627, March 28, 1989). All
technical requirements for handicapped accessibility in this solicitation are the same as
those in Section 4.1.2 Accessible Buildings, New Construction, of UFAS. When
clarification is required, UFAS shall be consulted. If any offers are received which fully
meet handicapped requirements of new construction, then other offers which do not
fully meet these requirements will not be considered.
FULL COMPLIANCE:
"Fully meets" as used herein with respect to the handicapped requirements means
the offer fully complies with the requirements stated in the following subparagraphs
of"Handicapped Accessibility":
Page 161 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM . .
EXHIBIT A
Parking and Loading Zones, Route, Entrance and Egress, Ramps, Stairs,
Handrails,, Doors, Elevators, Telephones, Controls, Signage, Alarms, Drinking
Fountains, Storage f=acilities, Seating and Work Stations, Assembly Areas, and
Toilet Rooms,.
"Fully meets"with regard to seismic safety means the offer contains a certification
by a registered structural engineer that the building conforms to seismic
requirements for new construction of the current (as of the date of this solicitation)
edition of the UBC or the 1970 edition if the lateral load resisting system is of steel
construction or the 1976 edition if the lateral load resisting system is of concrete or
masonry construction.
SUBSTANTIAL COMPLIANCE:
In accordance with UFAS, if no offer is received which fully meets handicapped
accessibility requirements for new construction, but an offer(s) is received which
substantially meets these requirements, then other offers which do not substantially
meet these requirements will not be considered. "Substantially meets" as used
herein with respect to the handicapped requirements means the offer fully complies
with the requirements stated in the following subparagraphs of "Handicapped
Accessibility":
Parking and Loading Zones, Route, Ramps, Entrance and Egress, Stairs, Doors,
Drinking Fountains, Toilet Rooms and at least one elevator where necessary for
route. "Substantially meets" with regard to seismic safety means the Offeror has
provided an analysis by a registered structural engineer that specifically describes
all exceptions to full UBC compliance and a statement that the building has
adequate strength to resist the maximum credible earthquake without collapse,.
Structural calculations may be required.
LESS THAN SUBSTANTIAL COMPLIANCE;
In accordance with UFAS, if no offer is received which either fully or substantially
meets the handicapped accessibility requirements of new construction,
consideration will be given only to offers which meet the following minimum
requirements:
(a) At least one accessible route shall be provided from an accessible entrance to
the leased space and all required accessible areas. At least one elevator shall
be provided where necessary for accessible route. Other handicapped
paragraphs shall apply as necessary, including but not limited to Controls and
Signage.
(b) If parking is provided, then accessible spaces shall be provided in conformance
with the table in the handicapped "Parking and Loading Zones"specifications.
(c) Accessible toilet rooms shall be provided as follows:
Page 162 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM .
EXHIBIT
(1) Where more than one toilet room for each sex is provided on a floor on
which the Government leases space, at least one toilet room for each sex
on that floor shall be accessible.
(2) Where only one toilet room for each sex is provided on a floor on which the
Government leases space, either one unisex toilet room or one toilet room
for each sex on that floor shall be accessible.
(3) Where only one toilet room is provided in a building where the Government
leases space, one unisex toilet room shall be accessible.
(4) In a qualified historic building where the Advisory Council on Historic
Preservation determines that providing the above minimum accessible
toilet facilities would threaten or destroy the historic integrity of the space,
at least one unisex toilet room in the building shall be accessible...
If no offer is received which meets the minimum requirements described above;
offers will not be considered unless a waiver of handicapped requirements is
requested by the Contracting Officer and granted by the GSA Administrator.
If no offer meets the modified seismic safety requirements described above, the
Contracting Officer will make an award consistent with the other requirements of
the solicitation.
HANDICAPPED ACCESSIBILITY.
(a) PARKING AND LOADING ZONES:
(1) If parking is provided for employees or visitors or both, then level
accessible spaces shall be provided and designated in the parking area(s)
nearest an accessible entrance on an accessible route in conformance with
the following table:
TOTAL SPACE MINIMUM NUMBER OF
IN LOTS) ACCESSIBLE SPACES
1 - 25 t
26 50 2
61 - 76 3
76 100 4
101 151 5
151 - 200 6
201 300 7
301 400 8
401 - 500 9
Sol - 1000 2%of total
20 plus 1 for each
1080 100 over 1000
Page 163 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ! .
EXHIBIT A
(2) Accessible spaces shall be at least 8 feet wide with a 5-foot-wide access
aisle to walks and ramps. Two spaces may share a common aisle. These
spaces should be designed so the disabled are not compelled to wheel or
walk behind parked cars. Where passenger loading zones exist, an access
aisle at least 5 feet wide and 20 feet long adjacent and parallel to the
vehicle pull-up space shall be provided on an accessible route. Accessible
spaces shall be designated as reserved for the disabled by a sign with the
symbol of accessibility. Such sign shall not be obscured by a vehicle
parked in the space.
(b) ROUTE:
(1) At least one accessible route having no steps or abrupt changes in level
shall connect with all accessible elements, spaces, buildings, and courses
of passage. The minimum clear width of an accessible route shall be
36 inches. if an accessible route is less than 60 inches in width then it shall
have level passing zones, spaced at no more than 200 feet apart,
measuring a minimum of 60 inches by 60 inches.
(2) Floor surfaces and carpet shall be stable, secure, firm and slip resistant.
Changes in level up to % inch may be vertical and without edge treatment.
Level changes between '/,inch and 1/z inch shall be beveled with a slope no
greater than 1:2. Changes exceeding '/x inch shall be treated as a ramp.
Gratings in a route surface shall have spaces no wider than 1/2 inch in one
direction and shall be placed so that the long dimension of openings is
perpendicular to the dominant direction of travel,
(3) Objects projecting from wails with their leading edges between 27 and
80 inches above the finished floor shall protrude no more than 4 inches into
an accessible route. Freestanding objects mounted on posts or pylons
may overhang 12 inches maximum from 27 to 80 inches above the ground
or the finished floor. Objects mounted with their leading edges at or below
27 inches above the finished floor may protrude any distance. However, no
protruding objects shall reduce the clear width of an accessible route or
maneuvering space. If vertical clearance of an area adjoining an
accessible route is reduced to less than 80 inches, a barrier to warn blind
or visually impaired persons shall be provided.
(4) Mechanical rooms and spaces which are not normally frequented by the
public or occupants and are not part of an accessible or emergency route
are excepted and need not be accessible.
12
Page 164 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(c) ENTRANCE AND EGRESS:
At least one principal entrance at each grade floor level shall be accessible.
When existing entrances normally serve any of the following functions„ then at
least one of the entrances serving each function shall be accessible:
transportation facilities, passenger loading zones, accessible parking facilities,
taxi stands, public streets and sidewalks or accessible interior vertical access.
An accessible entrance shall be part of an accessible route and shall include an
accessible door. A service entrance shall not be the sole accessible entrance
unless it is the only entrance„ Accessible entrances shall be identified by the
international symbol of accessibility. The signs shall be located so that
handicapped individuals approaching the building will be directed to the
accessible entrance All applicable specifications for entrance shall apply to
egress.
(d) RAMPS:
Any part of an accessible route with a slope greater than 1 foot rise in 20 feet
shall be considered a ramp, Where ramps are necessary, they shall have a
non-slip surface with a slope no greater than 1 foot rise in 12 feet. Ramps must
have a minimum clear width of 3 feet with level landings at the top and bottom
of each ramp run. Each landing shall be at least 5 feet in length and as wide as
any ramp run leading into it. The maximum rise for any run shall be 30 inches.
Intermediate landings for tuming ramps shall measure a minimum of 5 feet by
5 feet. Handrails complying with "Handrails" shall be provided on both sides of
all ramps with a vertical rise greater than 6 inches. Ramps with drop-offs shall
have curbs (minimum 2 inches high), walls, railings or projecting surfaces.
Curb ramps shall be provided wherever an accessible route crosses a curb.
Curb ramps shall not interfere with walks or vehicular traffic. The maximum
slope of a curb ramp shall be a 1 inch rise per 12-inch run. The maximum
length of a curb ramp shall be 6 feet with a minimum width of 36 inches,
exclusive of flared sides. If no other alternative is feasible, accessible platform
lifts may be used in lieu of a ramp or elevator. Lifts shall have accessible
controls and clearances, shall comply with applicable safety regulations, and
should facilitate unassisted entry and exit.
(e) STAIRS:
(1) If floors are serviced by an accessible elevator, then stairs connecting
these floors need not meet the accessibility requirements in "Stairs" and
"Handrails."
(2) All steps on a single flight of stairs shall have uniform riser heights and
uniform tread widths. Open riser stairs are not permitted. Risers shall be
sloped or the underside of the nosing shall have an angle of not less than
60 degrees from the horizontal.
i
13
Page 165 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(3) Stair treads shall not have abrupt nosings and shall be no less than
11 inches wide,, measured from riser to riser, The radius of curvature at the
leading edge of the tread shall be no greater than '/inch. The maximum
nosing projection shall be no greater than 11/ inch
(4) Tactile warning indicators shall not be used to identify exit stairs.
(€) HANDRAILS:
Handrails shall be provided on both sides of stairs and ramps, Handrails shall
be continuous and extend a minimum of 12 inches beyond the top riser and
12 inches plus the width of one tread beyond the bottom riser. At the top, the
12-inch extension shall be parallel with the floor. At the bottom, the handrail
shall continue to slope for a distance of one tread width from the bottom riser
with the 12-inch remainder being horizontal and parallel with the floor,. The
inside handrail on switchback, dogleg stairs or ramps shall always be
continuous. Handrails shall not present a hazard and shall be either rounded
or returned smoothly to the floor, wall, or post. All handrails and adjacent
surfaces shall be free of any sharp or abrasive elements, Clear space between
handrails and the wall shall be 1'/ inches. Gripping surfaces shall be
uninterrupted and mounted between 30 and 34 inches above stair nosings.
The diameter or width of the gripping surfaces of a handrail shall be 1%4 inches
to 1'/ inches, or the shape shall provide an equivalent gripping surface.
Handrails shall not rotate within their fittings.
(g) DOORS:
(1) At least one accessible door or opening shall serve each accessible
entrance, space, route, egress, and emergency place of refuge. Revolving
doors or turnstiles shall not be the only means of passage along an
accessible route. Gates shall meet all applicable specifications for doors.
(2) Doorways shall have a minimum clear opening of 32 inches with the door
open 90 degrees, unless a wider clearance is specified within "Architectural
Finishes." if doorways have two independently operated door leaves, then
at least one leaf shall provide a minimum clear opening of 32 inches.
Doors not requiring full user passage, such as shallow closets, may have a
minimum clear opening of 20 inches. Doors in a series shall swing either in
the same direction or away from the space between the doors. The
minimum space between hinged or pivoted doors in a series shall be
48 inches plus the width of any door swinging into the space.
(3) Raised thresholds at doors shall be beveled with a slope no greater than
1:2 and shall not exceed '/4 inch in height for exterior sliding doors or
Minch for other doors. Operating hardware on accessible doors shall be
mounted no higher than 48 inches above the finished floor and shall have a
grip and operation which facilitates use with one hand without tight
grasping, tight pinching, or twisting of the wrist. Doors leading to areas
. . ZW 14
Page 166 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
which are potentially dangerous for blind individuals shall have textured
warning handles or handle covers. If a door has an automatic closer, then
the sweep period shall be adjusted so that from an open position of 70
degrees, the door will lake at least 3 seconds to move to a point 3 inches
from the latch. Fire doors shall have the minimum opening force allowable
by the appropriate administrative authority. All other interior doors shall
have a maximum opening force of 5 foot-pounds. If power-operated doors
are provided, they shall comply with ANSI A156.10-1979.
(4) Clearances shall be provided at doors that are not automatic or power
assisted and shall comply as required below.
SWING DOOR MANEUVERING CLEARANCES:
(i) Where the approach faces the door, the maneuvering clearance shall
extend a minimum of 5 feet from the swing side of the door, 4 feet from
the opposite side and a minimum of 11/2 feet past the latch side (pull
side) and, for doors with automatic closers, a minimum of 1 foot past
the latch side (push side)of the door.
(ii) Where the approach is from the hinge side of the door, the
maneuvering clearance shall extend a minimum of 5 feet from the
swing side of the door when the clearance past the latch (pull side)
extends to a minimum of 3 feet, 4'/feet from the swing side of the door
when the clearance past the latch (pull side) extends to a minimum of
3'/z feet, 4 feet from the opposite side and a minimum of 2 feet past the
hinged side(push side).
(iii) Where the approach is from the latch side of the door, the maneuvering
clearance shall extend a minimum of 4'/7 feet from the swing side of the
door, 4 feet from the opposite side and a minimum of 2 fleet past the
latch side (push and pull sides).
(iv) where automatic door closers are not used and the approach is from
the side, the above minimum maneuvering clearances are reduced by
'/foot from either face of the door except on the pull side on a latch
side approach.
SLIDING AND FOLDING DOOR MANEUVERING CLEARANCES:
(i) Where the approach faces the door, the maneuvering clearance shall
extend a minimum of 4 feet from the face of the door and have width at
least as wide as the door.
(ii) Where the approach is from the slide side of the door, the maneuvering
clearance shall extend a minimum of 3'/2 feet from the face of the door
and 4%feet from the latch,
Page 167 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(iii) Where the approach is from the latch side of the door„ the maneuvering
clearance shall extend a minimum of 3'/s feet from the face of the door
and 2 feet from the latch.
(h) ELEVATORS:
One accessible passenger elevator complying with American National
Standards Institute Handbook (ANSI A117„1-1986) and Section 4 1 Of UFAS,
entitled "Elevators,” shall serve each level in all multistory buildings and
facilities. If more than one passenger elevator is provided, then each elevator
shall be equally accessible. All elevator control buttons shall be at least % inch
in their smallest dimension and shall be raised or flush. Additional
specifications for elevators are located in the "Elevators" paragraph of the
"Mechanical, Electrical, Plumbing" section of this solicitation and in the
"Controls"paragraph below.
(i) TELEPHONES:
If public telephones are provided, then at least one unit per floor and at least
one unit per bank of adjacent units shall provide accessible operation and
comply with "Controls." Accessible telephones shall have push-button controls
where available. The handset on an accessible telephone shall be equipped
with a cord at least 29 inches long and a receiver that generates a magnetic
field in the area of the receiver cap. At least one accessible public telephone
shall be equipped with a volume control and clearly identified as such.
Telephone books shall also be accessible.
(j) CONTROLS:
(1) Accessible controls and operating mechanisms are required in accessible
spaces, along accessible routes, or as parts of accessible elements.
Accessible controls shall have clear approach areas at least 30 inches wide
by 48 inches long that allow either forward or parallel approach by a
wheelchair. Accessible controls shall be between 15 inches and 48 inches
in height for a forward approach or between 9 inches and 54 inches for a
parallel approach. Accessible controls and operating mechanisms shall be
operable with one hand and shall not require tight grasping, pinching, or
twisting of the wrist. The force required to activate controls shall be no
greater than 5 foot-pounds.
(2) Standard wall-mounted electrical and communications system outlets shall
be at least 15 inches above the floor.
(3) Elevator hall and lobby call buttons shall be centered at 42 inches above
the floor and interior buttons shall comply with the above height restrictions.
The highest part of a two-way communication system inside an elevator
cab cannot exceed 48 inches from the floor.
Page 168 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(k) SIGNAGE:
(1) The following elements and spaces of facilities which are accessible to
handicapped persons shall be identified with the international symbol of
accessibility:
(i) parking spaces designated as reserved for physically handicapped
people
(ii) passenger loading zones,
(iii) accessible entrances, and
(iv) accessible toilet and bathing facilities.
(2) Permanent signage for elements, spaces and rooms of accessible facilities
shall also comply with the following:
(i) Letters and numbers shall have a width-to-height ratio between 3:5 and
1:1 and a stroke width-to-height ratio between 1:5 and 1:10. They shall
also be raised 1132 inch minimum and shall be sans serif characters.
(ii) Raised characters and symbols shall contrast with their background
and shall be between 518 inch and 2 inches high, and shall have a
stroke width of at least % inch. Symbols or pictographs shall be raised
1132 inch minimum.
(iii) Interior signs shall be mounted on the latch side of doors at a height of
54 to 66 inches,
(1) ALARMS:
In all new construction, and in existing buildings where the fire alarm system is
being replaced or installed, the fire alarm system is required to have the
following:
(1) (Noncoded) audible and visible alarm devices in accordance with the
National Fire Protection Association (NFPA) Standard No. 72G
or
(2) (Noncoded) audible and visible alarm devices in accordance with
association (NFPA) Standard Nom 72G and an equivalent specialized
warning system for the hearing impaired, When utilizing visible alarm
devices, the indirect primary signaling method is recommended to be used.
Also,; notification characteristics of the audible and visual alarm devices
shall be in accordance with NFPA 72G.
Page 169 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
JIGENDA ITEM
. .
EXHIBIT
(m) DRINKING FOUNTAINS:
The Lessor shall provide a minimum of one chilled drinking fountain within
every 150 feet of travel distance on each floor of office space. Approximately
50 percent or at least 1 (whichever is greater) of the water fountains on each
floor must be accessible to the handicapped. Accessible fountains shall have
spouts and hand-operated controls which are front-mounted and no higher than
36 inches above the finished floor. The spout shall provide water flowing at
least 4 inches high in a trajectory parallel or nearly parallel to the front of the
unit. Accessible fountains shall meet the "Handicapped Accessibility"
subparagraph entitled "Controls." Accessible wall and post mounted units shall
have a clear knee space between the bottom of the apron and the floor at least
27 inches high, 30 inches wide, and 17 to 19 inches deep. Units shall have a
minimum clear space of 30 inches by 48 inches to allow forward wheelchair
approach. Units not having free space under them shall have a clear floor
space of 30 inches by 48 inches to allow a side approach from a person in a
wheelchair.
(n) STORAGE FACILITIES:
If storage facilities such as cabinets, shelves, or closets are provided in
accessible spaces, at least one of each type shall have the following
specifications. A clear floor space at least 30 inches by 48 inches shall be
provided that allows either a forward or parallel approach by a person in a
wheel chair, Hardware shall be installed in accordance with the controls
paragraph. Accessible storage spaces shall have a reach range no lower than
9 inches from the floor and no higher than 54 inches from the floor.
(a) ASSEMBLY AREAS:
(1) If places of assembly are provided in accessible areas, they shall comply
with the following table:
CAPACITY OF SEATING NUMBER OF REQUIRED
AND ASSEMBLY AREAS WHEELCHAIR LOCATIONS
<than 50 1
50 75 3
76 - t0o 4
101 - 150 5
151 - 200 B
201 300 7
301 - 400 B
401 SO0 9
501 - 10w 2%oftotal
>IWO
20 plus 1 for each
100 over 1000
16
aY'
Page 170 of 266
Kodiak Fisheries Research Center (KF C) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(2) Assembly areas with audio amplification equipment shall have a listening
system for a reasonable number of people, but no fewer than two, with a
severe hearing loss. A clear, level floor space of 60 inches by 66 inches for
side access seating or 48 inches by 66 inches for forward/rear access
seating shall be provided.
(p) SEATING AND WORK SURFACES:
If built in seating or work surfaces are provided in accessible areas, then
5 percent or at least one of each type shall be made accessible. Tops of work
surfaces shall be 28 inches to 34 inches from the floor. Knee spaces shall be
at least 27 inches high, 30 inches wide, and 19 'inches deep.
(q) TOILET ROOMS;
(1) Accessible toilet rooms shall be on accessible routes, have accessible
doors,, and have unobstructed maneuvering clearances at least 5 feet in
diameter which may overlap the clear space required by other accessible
features. At least one standard accessible toilet stall with the following
features and clearances shall be provided in each accessible toilet room;
(i) Accessible toilet rooms shall be identified with the international symbol
of accessibility, located on the latch side of the door at a height of
55 inches minimum and 66 inches maximum.
(ii) A stall shall have a clear floor area with dimensions at least 60 inches
wide and 56 inches deep for wall mounted closets or 59 inches deep
for floor mounted closets.
(iii) A stall door shall be located in the corner opposite the toilet and shall
not swing over the stall's minimum clear floor area.
(iv) The top center of the toilet seat shall be located 17 to 19 inches above
the floor and 18 inches from a side stall wall. Seats shall not be sprung
to return to a lifted position.
(v) Two sturdy grab bars with a minimum diameter of 1% to 11h inches
shall be mounted 1'/inches from the wall and parallel to the floor at a
height of 33 to 36 inches. One bar shall be at least 3 feet long, run
above the toilet, and begin at a maximum of 6 inches from the corner
adjacent to the toilet. The second bar shall begin at a maximum of
12 inches from the corner adjacent to the toilet and run to a point at
least 54 inches from the rear wall. Bars shall be unobstructed and free
of sharp or abrasive edges.
(vi) Toilet paper dispensers having an unrestricted paper flow shall be
located within reach and at least 19 inches above the floor.
Rage 171 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM . .
EXHIBIT A
(vii)Flush controls shall be automatic or hand operated and mounted on
the wide side of toilet areas no more than 44 inches above the floor.
(2) In instances of initial alterations work where provisions for a standard
accessible stall are structurally impracticable or where plumbing code
requirements prevent combining existing stalls to provide space, an
alternate stall may be provided. Alternate stalls shall have the following
minimum substitute features and clearances:
(i) A clear floor area shall have dimensions at least 36 inches wide and
66 inches deep for wall mounted closets or 69 inches deep for floor
mounted closets. Bars shall be mounted on each side, begin at a
maximum of 12 inches from the rear wall, and run to a point at least
54 Inches from the rear wall. or
(ii) A clear floor area shall have dimensions at least 48 inches wide and
66 inches deep for wall mounted closets or 69 inches deep for floor
mounted closets. One bar shall be at least 3 feet long, run above the
toilet, and begin at a maximum of 6 inches from the corner adjacent to
the toilet. The second bar shall begin at a maximum of 12 inches from
the corner adjacent to the toilet and run to a point at least 54 inches
from the rear wall.
(3) Where urinals are provided, at least one shall be accessible. Accessible
urinals shall be stall-type or wall-hung with an elongated rim at a maximum
of 17 inches above the floor,, shall have automatic or hand operated flush
controls no more than 44 inches above the floor, and shall have a clear
floor space 30 inches by 48 inches for forward approach. Privacy shields
that do not extend beyond the front edge of the urinal rim may be provided
with 29 inches clearance between them"
(4) Where lavatories, mirrors, controls, dispensers, receptacles, or other
equipment is provided, at least one of each shall be accessible to the
handicapped. Accessible mirrors shall be mounted with the bottom edge of
the reflecting surface no higher than 40 inches from the floor. Accessible
lavatories shall be mounted with the rim or counter surface no higher than
34 inches and the lower front edge at least 29 above the finished floor.
Accessible lavatories shall have a knee clearance at least 8 inches deep
and 27 inches high, a toe clearance at least 9 inches high, and a clear
forward approach at least 30 inches wide and 48 inches deep which
extends 17 to 19 inches underneath the lavatory. Accessible lavatories
shall have accessible faucet controls. Self-closing faucet valves must
remain open at least 10 seconds. In the area beneath all lavatories, there
shall be no sharp or abrasive surfaces. Hot water and drain pipes shall be
insulated or covered and protrude no more than 6 inches from the wall.
20
Page 172 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
SAFETY AND ENVIRONMENTAL MANAGEMENT
OCCUPANCY PERMIT (OCT 1996)
The Lessor shall provide a valid Occupancy Permit for the intended use of the
Government and shall maintain and operate the building in conformance with
current local codes and ordinances. If the local jurisdiction does not issue
occupancy permits, Offerors should consult the contracting officer to determine if
other documentation may be needed.
FIRE AND LIFE SAFETY (OCT 1996)
(a) Below-grade space to be occupied by Government and all areas in a building
referred to as "hazardous areas" in National Fire Protection Association
Standard 101, known as the "Life Safety Code," or any successor standard
thereto, must be protected by an automatic sprinkler system or an equivalent
level of safety.
(b) If offered space is 3 stories or more above grade, the Lessor shall provide
written documentation that the building meets egress and fire alarm
requirements as established by NFPA Standard No. 101 or equivalent.
However, if 1) offered space is 5 stories or less above grade„ 2) the total
Government leased space in the building (all leases combined)will be less than
35,000 square feet, and 3) the building is sprinklered, this documentation is not
required.
(c) If offered space is 6 stories or more above grade, additional fire and life safety
requirements may apply. Therefore, the offeror must advise GSA in its offer
whether or not the offered space, or any part thereof, is on or above the sixth
floor of the offered building.
SPRINKLER SYSTEM (OCT 1996)
(a) If any portion of the offered space is on or above the 6th floor, and lease of the
offered space will result, either individually or in combination with other
Government leases in the offered building, in the Government leasing more
than 35,000 BOMA Usable square feet of space in the offered building, then
the entire building must be protected by an automatic sprinkler system or an
equivalent level of safety..
(b) If an offeror proposes to satisfy any requirement of this clause by providing an
equivalent level of safety, the offeror must submit, for Government review and
approval, a fire protection engineering analysis, performed by a qualified fire
protection engineer, demonstrating that an equivalent level of safety for the
offered building exists. Offerors should contact the Contracting Officer for
further information regarding Government review and approval of "equivalent
level of safety" analyses. (See 41 CFR 101-6.6 for guidance on conducting an
equivalent level of safety analysis,)
21
Page 173 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(c) Definition, "Equivalent level of safety" means an alternative design or system
(which may include automatic sprinkler systems), based upon fire protection
engineering analysis, which achieves a level of safety equal to or greater than
that provided by automatic sprinkler systems.
MANUAL FIRE ALARM SYSTEMS (OCT 1996)
Manual Fre alarm systems shall be provided in accordance with NFPA Standard
101 (current as of the date of this solicitation). Systems shall be maintained and
tested by the Lessor in accordance with NFPA Standard 72. The fire alarm system
wiring and equipment must be electrically supervised and automatically notify the
focal fire department (NFPA Standard No. 72) or approved central station.
Emergency power must be provided in accordance with NFPA Standards No. 70
and 72.
OSHA REQUIREMENTS (OCT 1996)
The Lessor shall maintain buildings and space in a safe and healthful condition
according to the Occupational Safety and Health Administration(OSHA) standards.
ASBESTOS (OCT 1996)
The leased space shall be free of all asbestos containing materials, except
undamaged asbestos flooring in the space or undamaged boiler or pipe insulation
outside the space, in which case an asbestos management program conforming to
Environmental Protection Agency guidance shall be implemented.
ASBESTOS (OCT 1996)
(a) Offers are requested for space with no asbestos-containing materials (ACM), or
with ACM in a stable, solid matrix (e.g.„, asbestos flooring or asbestos cement
panels) which is not damaged or subject to damage by routine operations. For
purposes of this "Asbestos” paragraph, "space" includes the space offered for
lease, common building areas and ventilation systems and zones serving the
space offered, and the area above suspended ceilings and engineering space
in the same ventilation zone as the space offered. If no offers are received for
such space, the Government may consider space with thermal system
insulation ACM (e.g., wrapped pipe or boiler lagging) which is not damaged or
subject to damage by routine operations.
(b) Definition. ACM is defined as any materials with a concentration of greater than
1 percent by dry weight of asbestos
(c) Space with ACM of any type or condition may be upgraded by the offeror to
meet the conditions described in subparagraph (a) by abatement (removal,
enclosure, encapsulation, or repair) of ACM not meeting those conditions. If an
offer involving abatement of ACM is accepted by the Government, the Lessor
shall, prior to occupancy, successfully complete the abatement in accordance
with Occupational Safety and Health Administration (OSHA), Environmental
Protection Agency (EPA), Department of Transportation(DOT), State, and local
regulations and guidance.
J
� zz
Page 174 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
(e) Management plan, If space is offered which contains ACM, the offeror must
submit an asbestos-related management plan for acceptance by the
Government prior to lease award. This plan must conform to EPA guidance, be
implemented prior to occupancy, and be revised promptly when conditions
affecting the plan change. If asbestos abatement work is to be performed in the
space after occupancy, the Lessor shall submit to the Contracting Officer the
occupant safety plan and a description of the. methods of abatement and
reoccupancy clearance, in accordance with OSHA, EPA, DOT, State, and local
regulations and guidance, at least 4 weeks prior to the abatement work.
INDOOR AIR QUALITY (OCT 1996)
(a) The Lessor shall control contaminants at the source and/or operate the space
in such a manner that the GSA indicator levels for carbon monoxide (CO),
carbon dioxide (CO2 ), and formaldehyde (HCHO) are not exceeded. The
indicator levels for office areas shall be; CO - 9 parts per million (ppm) time-
weighted average (TWA - 8-hour sample); CO2 - 1000 ppm (TWA);
formaldehyde -0.1 ppm (TWA).
(b) The Lessor shall make a reasonable attempt to apply insecticides (except
traps), paints, glues, adhesives, and heating, ventilating and air conditioning
(HVAC) system cleaning compounds with highly volatile or irritating organic
compounds, outside of working hours. The Lessor shall provide advance notice
to the tenant before applying noxious chemicals in occupied spaces, and
adequate ventilation in those spaces during working hours during and after
application.
(c) The Lessor shall, at all times, supply adequate ventilation to the leased
premises with air having contaminants below OSHA or EPA action levels and
permissible exposure limits, and without noxious odors or dusts. The Lessor
shall conduct HVAC system balancing after all HVAC system alterations; and
make a reasonable attempt to schedule major construction outside of office
hours.
(d) The Lessor shall promptly investigate indoor air quality (IAQ) complaints and
shall implement controls, including alteration of building operating procedures
(e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining
HVAC systems, etc.), to address such complaints.
(e) The Government reserves the right to conduct independent IAQ assessments
and detailed studies in space it occupies, as well as in space serving the
Government-leased space (e.g., common use areas, mechanical rooms, HVAC
systems, etc.). The Lessor shall assist the Government in its assessments and
detailed studies by making available information on building operations and
Lessor activities, and providing access to space for assessment and testing„ if
required, and implement corrective measures required by the Contracting
Officer.
23
Page 175 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
RADON IN AIR(OCT 1996)
If space planned for occupancy by the Government is on the second floor above
grade or lower, the Lessor shall, prior to occupancy, test the leased space for 2-3
days using charcoal cannisters or Eiectret Ion Chambers to ensure radon in air
levels are below the Environmental Protection Agency's action concentration of 4
picoCuries/liter. After the initial testing, a followup test for a minimum of 90 days
using Alpha Track Detectors or Electret Ion Chambers must be completed.
RADON IN AIR (OCT 1996)
(a) The radon concentration in the air of space leased to the Government shall be
less than the Environmental Protection Agency (EPA) action concentration for
homes of 4 picoCuries per liter (pCi/L), herein called the "EPA action
concentration."
(b) Initial testing:
(1) The Lessor shall test for radon that portion of space planned for occupancy
by the Government in ground contact or closest to the ground up to and
including the second floor above grade (space on the third or higher floor
above grade need not be measured), report the results to the Contracting
Officer upon award, and promptly carry out a corrective action program for
any radon concentration which equals or exceeds the EPA action level.
(2) Testing sequence: The Lessor shall measure radon by the Standard Test
in subparagraph (d)(1), completing the Test not later than 150 days after
award, unless the Contracting Officer decides that there is not enough time
to complete the Test before Government occupancy, in which case the
Lessor shall perform the Short Test in subparagraph (d)(2).
(3) If the space offered for lease to the Government is in a building under
construction or proposed for construction, the Lessor shall, if possible,
perform the Standard Test during buildout before Government occupancy
of the space. If the Contracting Officer decides that it is not possible to
complete the Standard Test before occupancy, the Lessor shall complete
the Short Test before occupancy, and the Standard Test not later than 150
days after occupancy.
(c) Corrective action program:
(1) Program initiation and procedures:
(i) If the Government or the Lessor detects radon at or above the EPA
action level at any time before Government occupancy, the Lessor
shall carry out a corrective action program which reduces the
24
Page 176 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT A
concentration to below the EPA action level before Government
occupancy.
(ii) If the Government or the Lessor detects a radon concentration at or
above the EPA action level at any time after Government occupancy,
the Lessor shall promptly carry out a corrective action program which
reduces the concentration to below the EPA action level.
(iii) If the Government or the Lessor detects a radon concentration at or
above the EPA residential occupancy concentration of 200 pCi/L at any
time after Government occupancy, the Lessor shall promptly restrict
the use of the affected area, and provide comparable temporary space
for the tenants, as agreed to by the Government, until the Lessor
carries out a prompt corrective action program which reduces the
concentration to below the EPA action level and certifies the space for
reoccupancy.
(iv) The Lessor shall provide the Government with prior written notice of
any proposed corrective action or tenant relocation. The Lessor shall
promptly revise the corrective action program upon any change in
building condition or operation which would affect the program or
increase the radon concentration to or above the EPA action level.
(2) The Lessor shall perform the Standard Test in subparagraph (d)(1) to
assess the effectiveness of a corrective action program. The Lessor may
also perform the Short Test in subparagraph (d)(2) to determine whether
the space may be occupied, but shall begin the Standard Test concurrently
with the Short Test.
(3) All measures to accommodate delay of occupancy, corrective action;
tenant relocation, tenant reoccupancy, or follow-up measurement, shall be
provided by the Lessor at no additional cost to the Government.
(4) If the Lessor fails to exercise due diligence, or is otherwise unable to
reduce the radon concentration promptly to below the EPA action level, the
Government may implement a corrective action program and deduct its
costs from the rent.
(d) Testing procedures:
(1) Standard Test: Place Alpha Track Detectors or Electret Ion Chambers
throughout the required area for 91 or more days so that each covers no
more than 2,000 square feet of usable space. Use only devices listed in the
EPA Radon Measurement Proficiency (RMP) Program Application Device
Checklists. Use a laboratory rated proficient in the EPA Program to analyze
the devices. Submit the results and supporting data (sample location„
device type, duration, radon measurements, laboratory proficiency
Page 177 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA 1T . .
EXHIBIT A
certification number, and the signature of a responsible laboratory official)
within 30 days after the measurement.
(2) Short Test: Place Alpha Track Detectors for at least 14 days, or Electret Ion
Chambers or charcoal canisters for 2 to 3 days, throughout the required
area so that each covers no more than 2,000 square feet of usable space,
starting not later than 7 days after award. Use only devices listed in the
EPA RMP Program Application Device Checklists. Use a laboratory rated
proficient in the EPA Program to analyze the devices, and submit the
results and supporting data within 30 days after the measurement. In
addition, complete the Standard Test not later than 150 days after
Government occupancy.
RADON IN WATER (SEP 1991)
(a) Two water samples constituting a sampling pair shall be taken from the same
location for quality control. They shall be obtained inside the building and as
near the non-public water source as is practical, in accordance with EPA's
"Radon In Water Sampling Program Manual." Analysis of water samples for
radon must be performed by a laboratory that uses the analytical procedures as
described in EPA's"Two Test Procedures For Radon In Drinking Water."
(b) The Lessor shall perform the necessary radon testing and submit a certification
to the Contracting Officer before the Government occupies the space.
(c) If the EPA action level is reached or exceeded, the Lessor shall institute
abatement methods, such as aeration, which reduce the radon to below the
EPA action level prior to occupancy by the Government, and are promptly
revised when building conditions which would or do affect the program change.
HAZARDOUS MATERIALS (OCT 9996)
All hazardous materials owned by the lessee in their leased space will be stored,
used and disposed according to applicable Federal, State, and local environmental
regulations.
RECYCLING (OCT 1996)
Where State and/or focal law, code or ordinance require recycling programs for the
space to be provided pursuant to this solicitation, the successful Offeror shaft
comply with such State and/or local law, code or ordinance in accordance with the
paragraph of the General Clauses entitled "Compliance with Applicable Law." In all
other cases, the successful Offeror shall establish a recycling program in the leased
space where local markets for recovered materials exist. The Lessor agrees, upon
request, to provide the Government with additional information concerning recycling
programs maintained in the building and the leased space.
26
Page 178 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT B
RENTAL
MINIMUM MONTHLY RENT. In consideration of the demise and leasing of the
premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to
the Landlord as rental for said premises herein above described, at the rate per the
schedule attached hereto as Exhibit B.
In consideration of the undertaking of the Kodiak Island Borough to construct the
premises for occupancy on or before October 1, 1998, the Tenant shall commence the
payment of Net Rent if the premises are substantially completed for occupancy.
However, if the premises are not substantially completed by January 1, 1999, the
Tenant shall commence payment of the Net Rent. Operational and maintenance
expenses shall be abated in full during any period between October 1, 1998, and the
date that the building is available for occupancy.
Net Rent is calculated by prorating the debt service payable on the Bonds for the
construction of the Near island Research Facility, over the lease term. Debt service is
comprised of principal and interest on any outstanding Bonds. If the Bonds are
refunded, Net Rent shall be principal and interest on the Refunding Bonds instead of
principal and interest on the Refunded Bonds, and Exhibit B shall be modified
accordingly. Any prepayment of the lease by Tenant shall be applied to Net Rent and
prorated over the remaining term of the lease and Exhibit B shall be modified
accordingly. Tenant's proportionate share of the bond principal Is established at
$8,000,000. 4:, , •, --� �� e. = :�� .. . sin r
The obligation of Tenant to pay Net Rent is without set-off and is absolute and
unconditional. When the Bonds are no longer outstanding, Tenant shall pay for
operqgDgLgUdERi5Hance ex enses only.
All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to
the Landlord at 710 Mill Bay Road, Kodiak,Alaska 99615„ or at such other place as
Landlord may designate from time to time in writing...
Tenant shall pay to Landlord as part of the Rent described above, Tenant's
proportionate share of all operational and maintenance expenses. For the purpose of
this Section, the term "operational and maintenance expenses" means Landlord's total
costs and expenses incurred in owning, operating, maintaining and repairing the
common areas, including without limitation, costs for all electricity, gas, water or fuel
used in connection with the operation,; maintenance, use and repair of common areas;
the amount paid for all electricity furnished to the common areas to light the parking lots
or for any other purpose; the cost of patching, repairing, repaving or restriping the
parking lots the amount paid for all labor andlor wages and other payments including
costs to Landlord of worker's compensation and disability insurance, payroll taxes,
welfare and fringe benefits made to janitors, employees, contractors and subcontractors
27
Page 179 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT B
of Landlord involved in the operation and maintenance of the common areas;
managerial, administrative and telephone expenses related to operation and
maintenance of the common areas; the total charges of any independent contractors
employed in the care, operation, maintenance, cleaning and landscaping, the amount
paid for all supplies, tools, replacement parts of components, equipment and
necessities which are occasioned by everyday wear and tear; the amount paid to
maintenance reserve based on projected replacement of building components; the
amount paid for premiums for all insurance required from time to time by Landlords or
Landlord's mortgages and the pro rata costs of machinery and equipment purchased or
leased by Landlord to perform its common area maintenance obligations. To the extent
that landlord elects to provide services which are not separately metered or directly
billed to Tenant, such as water and trash hauling, the costs of such services shall be
included in the operational and maintenance expenses. Operational and maintenance
expenses shall not, however, include interest on debt, capital retirement of debt, costs
properly chargeable to the capital account, except for capital expenditures that are
required by changes in any governmental law or regulation in which case such
expenditures, plus interest on the unamortized principal investments at eight percent
(8%) per annum, shall be amortized over the life of the improvements and included in
common area expenses. The operational and maintenance expenses are established
at69$ 9,076 subject to an annual escalation as described in Exhibit G.
Tenant shall pay Landlord as part of the rent described above, Tenant's proportionate
share of all services costs for the Demised Premises used exclusively by the Tenant.
"Services"means landlord's total costs and expenses as described above as
"Operational and Maintenance Expenses". Tenant's proportionate share is established
at 81.2%.
Pursuant to the total breakdown of Project Costs as described in Exhibit H,Tenant shall
pay Landlord $3,000,000 in a lump-sum payment for the above-standard Laboratory
Building Costs as the building improvements are substantially completed.
2
2e
Page 180 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT B
SCHEDULE OF ANNUAL RENT PAYMENTS
Rent will be paid monthly in arrears. The base rent will include net rent, and operational
and maintenance expenses, and will be paid automatically in arrears (no invoice
needed). Payment for any partial month's occupancy shall be prorated, based upon a
thirty (30)day month.
Commencing with actual occupancy of the leased facilities in 1998, the Tenant will pay
rent according to the following schedule:
BASE RENT PAYMENT: ($amounts are estimated for this draft)
Year Net Rent Operational and Total Base Rent
Maintenance
Expenses
1 $756,000 $ 699,076u✓ $ 1,455,076
2 " (As adjusted by Sum of Net Rent
3 Anchorage CPI) and Operational &
Maintenance
Expenses
4 At
5 it
so
6 1r t1 tt
7 u w t1
8 rt 19 at
9 is it it
10 tt it so
111 1t 1t so
12 19 61 it
13 of " if
14 1t At tt
Is if it Ii
16 41 it tt
17 " if is
1a " If
Is
19 " is tt
20 11 is 1t
FIRST YEAR OF LEASE:
The monthly payment for base rent shall be $1,455,076 divided by 12=$121,256.34
Y_— 3
29
Page 181 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
GENERAL SERVICES ADMINISTRATION I REQUEST FOR LEASE PROPOSALS Z STATEMENT DATE
PUBLIC BUILDINGS SERVICE
LESSOITS ANNUAL COST STATEMENT I RENTABLE AREA 3A ENTIRE BU[LbiNa M LEASEtl BY�6%t(
IMPORTANT.Read attarhad 1pslmclions' tSC.FT 3
ULCMG NAME AND ADDRESS IN*..sheet aft stake.and zip m4tl
NEAR ISLAND RESEARCH FACILITY.KODIAK.ALASKA 90616
SECTION I-ESTIMATED AHNUACOST OF SERVICES AND 11.T'UTIPS NOAA-812% BLDG.
PURNSHED BY LESSON AS APART W RENTAL CONSIDERAl'ON WATER SYSTEMS-84%
LESSCR 8 ANNUAL COST FOR FOR GOMARNPINr
SERVICES AND UTILITIES jalmaIRE aUlLm"a n1 v r s AR USE ONLY(c)
A. CLEANING,JANITOR AND/OR CHAR SERVICE 45,000 $36,540
5 SALARIES
6 SUPPLIES Nva..cladmers,d-Ihs.sic) 10,000 8,120
7 CONTRACT SERVICES(Wwxkw was".waste snow vsn sq 5,000 4,060
B. HEATING
a SALARIES
9 FU 58,000 4-7,096
lr'm FUEL
I X I
10 SYSTEM MAINTENANCE AND REPATR 3,000 2,436
C. ELECTRICAL 180,000 146160
11, CURRENT FOR LIGHT AND POWER pwhdmekvmftmp
12. REPLACEMENT OF BULBS,TUBES STARTERS 3,000 2,435
13 POWER FOR SPECIAL EQUIPMENT[3EAWATER SYSTEMI 114,000 95,160
14. SYSnM kWNTENANCE AND REPAIR(e ,t:,gyhrrvs,aft) 45,000 36,540
0. PLUMBING 9,000 7,308
IS WATER(AmaNpummes)
16 SUPPLIES rSasp,bwelm husam nN in d el e) 3,000 2,436
17 SYSTEM MAONTERANCE AND AEPAIR 5,000 4,060
E, AIR CONDITIONING 15,000 12.180
10 UTlLRIESIlftAm%vkd6c*jfrWmCtv) VENTILAMN
19 SYSTEM MAINTEKANCE AND REPAIR 5,000 4,060
F. ELEVATORS
20 SALARIES fopambM siffftM&I-)
21 SYSTEM VAINTENANCE AND REPAIR 2,000 1.624
0. MISCELLANEOUS 105,000 85,260
22. BUILDING EMINEER ANDIOR MANAGER
23 SECURITY&I-kh-A &-�adaah---L
24. SOCIAL SECURITY TAX ANDYMMMEWS COMPENSATION INSURANCE 12,000 9,744
25. LAWN AM LAN PING MAKWANCE 10,000 8,120
26 OTHER:I&pkia an severalosh"D
27. TOTAL _.$629,000
..j.. S513,94el $
SECTOLN IT-ESTIMATED ANNUAL COST OF GVMERSKP EXCLUSIVE OF CAPITAL CHARGES
i 28. REAL ESTATE TAXES
29 INSURANCE(Hmmt kabft w1c) 28,000 22,736
30- BUILDING MAPNTENANMAND RESERVES FOR REPLACEMENT 200,000 162,400
33. LEASE COMMISSION
32 MANAGEMEK
33.-TOTAL 5228.000] $ 185,13 $
SOR'SCERTOFICATION The affwunts writared m Co!umns(a)and(b)ropment my 34 SIGNATUREOF E3 Comm [3 LEGAL AG
.,eg esfinsals as to the anmal custs al wvIces,uW,"s and sr%Np
TYPED HAVE AND 7111.6 ShGNATURETE
34A. 30 34r
35A. 3513 36C.
GSA 03C&&?MlGSA lOmll 1217
30 Cr'j 016
Page 182 of 266
Kodiak Fisheries Research Center ion Disc...
AGENDA ITEM .
EXHIBIT
GENERAL CLAUSES
`Acquisition of Leasehold Interests in Real Property)
CATEGORY Clause No. 48 CFR Ref. Clause Title
DEFINITIONS 1 552.270-10 Definitions
GENERAL 2 552.270-11 Subletting and Assignment
3 552.270-18 Successors Bound
4 552.270-34 Subordination, Nondisturbance and
Atlomment
5 552.270-35 Statement of Lease
6 552270-37 No Waiver
7 552.270-38 Integrated Agreement.
8 552.270-39 Mutuality of Obligation
PERFORMANCE 9 552.270-27 Delivery and Condition
10 552.270-30 Progressive Occupancy
11 552.270-32 Effect of Acceptance and Occupancy
12 552.270-12 Maintenance of Building and
Premises-Right of Entry
13 552,,270-17 Failure in Performance
14 552.270-15 Compliance with Applicable Law
15 552,270-19 Alterations
16 552.270-41 Acceptance of Space
INSPECTION 17 552,270-16 Inspection-Right of Entry
PAYMENT 18 552.232-71 Prompt Payment
19 552.232-73 Electronic Funds Transfer Payment
20 552.232-72 Invoice Requirements
21 52.232-23 Assignment of Claims
22 552.270-31 Payment
STANDARDS OF 23 552.203-5 Covenant Against Contingent Fees
CONDUCT 24 52.203-7 Anti-Kickback Procedures
25 52.203-9 Requirement for Certificate of
Procurement Integrity-Modification
ADJUSTMENTS 26 552,203-73 Price Adjustment for Illegal or Improper
Activity
27 52.215-22 Price Reduction for Defective Cost or
Pricing Dale
28 552.270-20 Proposals for Adjustment
29 552.270-21 Changes
AUDITS 30 552.215-70 Examination of Records
DISPUTES 31 52.233-1 Disputes
ENVIRONMENTAL 32 552.270-40 Asbestos and Hazardous Waste
PROTECTION Management '
LABOR STANDARDS 33 52.222-26 Equal Opportunity
34 52.222-35 A rmal a Actlan for Special Disabled
and Vietnam Era Veterans
35 52,222-36 Affirmative Action for Handicapped
Workers
36 52.222-37 Employment Reports on Special
Disabled Veterans and Veterans of the
Vietnam Era
INI'nALT a zf&y
LrziaOR GOVERNMENT 31 GSA FORM 3517 PAGE 1 IREV 41961
Page 183 of 266
Kodiak Fisheries Research Center(KF C) Lease Extension Disc...
AGENDA ITEM
. .
EXHIBIT
SUBCONTRACTING 37 52.209-6 Protecting the Government's Interest
When Subcontracting With Contractors
Debarred,Suspended, or Proposed for
Debarment
38 52.215-24 Subcontractor Cost or Pricing Data
39 52.219-8 Utilization of Small, Small
Disadvantaged and Women-Owned
Small Business Concerns
40 52.219-9 Small, Small Disadvantaged and
Women-Owned Small Business
Subcontracting Plan
41 52.219-16 Liquidated Damages-Subcontracting
Plan
INITIALS: &
ESSOR Go R EMT 32 GSA FORM 3517 PAGE 2(REV 4196)
Page 184 of 266
Kodiak Fisheries Research Center (KFC) Lease Extension Disc...
AGENDA IT #2.b.
EXHIBIT D
GENERAL CLAUSES
(Acquisition of Leasehold interests In Beal Property)
1. 552.270-10-DEFINITIONS (AUG 1992)
The following terms and phrases (except as otherwise expressly provided or unless the context
otherwise requires) for aft purposes of this lease shall have the respective meanings hereinafter
specified:
(a) "Commencement Date"means the first day of the term.
(b) "Contract"and"Contractor"means"Lease"and"Lessor,"respectively,
(c) "Contracting Officer" means a person with the authority to enter into, administer, and/0 r
terminate contracts and make related determinations and findings. The term Includes
certain authorized representatives of the Contracting Officer acting within the limits of their
authority as delegated by the Contracting Officer„
(d) "Delivery Date"means the date specified in or determined pursuant to the provisions of this
lease for delivery of the premises to the Government, improved in accordance with the
provisions of this lease and substantially complete, as such date may be modified in
accordance with the provisions of this lease,
(e) "Delivery Time" means the number of days provided by this lease for delivery of the
premises to the Government, as such number may be modified in accordance with the
provisions of this lease,
(f) "Excusable Delays" mean delays arising without the fault or negligence of Lessor and
Lessor's subcontractors and suppliers at any tier, and shall include, without limitation, (1)
acts of God or of the public enemy., (2) acts of the United States of America in either its
sovereign or contractual capacft , (3) acts of another contractor in the performance of a
contract with the Govemment, (4�fires, (5)floods, (6) epidemics, (7)quarantine restrictions,
(8) strikes, (9) freight embargoes, (10) unusually severe weather, or (11) delays of
subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control
and without the fault or negligence of both the Lessor and any such subcontractor or
supplier.
(g) "Lessor"means the sub-lessor if this lease is a sublease.
(h) "Lessor shall provide"means the Lessor shall furnish and Install at Lessor's expense,
(� comparable serve e, ons r delivered by hann notice sent d. Noce shall bified or estered effective on the datedeliveryIs
accepted or refused.
O) "Premises" means the space described on the Standard Form 2, U.S Government Lease
for Real Property, of this lease.
(k) "Substantlally complete"and"substantial completion"means that the work,the common and
other areas of the building, and all other things necessary for the Government's access to
the premises and occupancy, possession, use and enjoyment thereof, as provided in this
lease, have been completed or obtained, excepting only such minor matters as do not
Interfere with or materially diminish such access,occupancy,possession,use or enjoyment
(1) "Work"means all alterations, Improvements, modifications, and other things required for the
Preparation or continued occupancy of the premises by the Government as specified in this
ease.
2. 552.270-11 -SUBLETTING AND ASSIGNMENT (AUG 1992)
The Government may sublet any part of the premises but shall not be relieved from any obli aliens
under this lease by reason of any such subletting. The Government may at any time assn this
lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent
and other liabilities,if any,that have accrued to the dale of said assignment. Any assignment shall
be subject to prior written consent of Lessor, which shall not be unreasonably withheld. The
Government shall have no right to assign this lease until the Bonds 'issued to finance the Near
Island Research Facility are no longer outstanding except to other Federal Government agencies,
INITIALS 3 _
LESVOR GOVERNMENT 33 GSA FORM 3517 PAGE 3 i'REV 4+68'
Page 185 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
3. 552.270-18-SUCCESSORS BOUND(AUG 1992)
This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors,
administrators,successors, and assigns.
4. 552.270-34-SUBORDINATION, NONDISTURBANCE AND ATTORNMENT(AUG 1992)
(a) Lessor warrants that it holds such title to or other Interest in the premises and other property
as is necessary to the Govemmenrs access to thepremises and full use and enjoyment
thereof In accordance with the provisions of this lease. Govemment agrees, In
consideration of the warranties and conditions set forth In this clause, that this lease is
subject and subordinate to any and all recorded mortgages, deeds of trust and other liens
now or hereafter existing or Imposed upon the premises, and to any renewal,modification or
extension thereof. It is the intention of the parties that this provision shall be self-operative
and that no further Instrument shall be required to effect the present or subsequent
subordination of this lease. Govemment agrees, however, within twenty (20) business days
next following the Contracting Officer's receipt of a written demand, to execute such
instruments as Lessor may reasonably request to evidence further the subordination of this
lease to any existing or future mortgage,deed of trust or other security Interest pertaining to
the premises, and to any water, sewer or access easement necessary or desirable to serve
the premises or adjoining property owned in whole or In part b Lessor If such easement
does not Interfere with the fur, enjoyment of any right granted the Govemment under this
lease.
(b) No such subordination,to either existing or future mortgages, deeds of trust or other flan or
security instrument shall operate to affect adversely any right of the Govemment under this
lease so long as the Govemment Is not in default under this lease. Lessor will Include in any
future mortgage, deed of trust or other security instrument to which (his lease becomes
subordinate, or in a separate nondisturbance agreement, a provision to the foregoing effect.
Lessor warrants that the holders of all notes or other obligations secured by existing
mortgages,deeds of trust or other security instruments have consented to the provisions of
this clause,and agrees to provide true copies of all such consents to the Contracting Officer
promptly upon demand.
(c) In the event of any sale of the premises or any portion thereof b foreclosure of the lien of
any such mortgage,deed of trust or other security Instrument, or the giving of a deed in Ileu
of foreclosure, the Govemment will be deemed to have attomed to any purchaser,
purchasers,transferee or transferees of the premises or any portion thereof and its or their
successors and assigns, and any such purchasers and transferees will be deemed to have
assumed all obligations of the Lessor under this lease, so as to establish direct privity of
estate and contract between Govemment and such purchasers or transferees with the
same force, effect and relative priority in time and right as if the lease had Initially been
entered into between such purchasers or transferees and the Government;provided, further,
that the Contracting Officer and such purchasers or transferees shall, with reasonable
promptness following any such sale or deed delivery in lieu of foreclosure, execute all such
revisions to this lease, or other writings, as shall be necessary to document the foregoing
relationship.
(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
5. 552.270-35-STATEMENT OF LEASE(AUG 1992)
(a) The Contracting Officer will, within thirty (30) days next following the Contracting Officer's
fecal��tt of a joint written request from Lessor and a prospective lender or purchaser of the
building,execute and deliver to Lessor a letter stating that the same is issued subject to the
conditions stated In this clause and, if such is the case, that (1)the lease is in full force and
effect; (2) the date to which the rent and other charges have been pall in advance, it any;
and (3)whether any notice of default has been issued.
(b) Letters Issued pursuant to this clause are subject to the following conditions:
(1) That they are based solely upon a reasonably diligent review of the Contracting
Officer's lease file as of the date of Issuance;
(2) That the Govemment shall not be held liable because of any defect in or condition of
the premises or building
(3) That the Contracting Officer does not warrant or represent that the premises or
building comply with applicable Federal, State and local law;and
INITIALS: a 34
LE R GOVERNMENT GSA FORM 3517 PAGE 4(REV 4M)
Page 186 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(a) That the Lessor, and each prospective lender and purchaser are deemed to have
constructive notice of such facts as would be ascertainable by reasonable
prepurchase and precommitment Inspection of the Premises and Building and by
inquiry to appropriate Federal, Slate and local Government officials.
6. 552.270-37-NO WAIVER(AUG 1992)
No failure by either party to insist upon the strict performance of any provision of this lease or to
exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or
partial rent or other performance by either party during the continuance of any such breach shall
constitute a waiver of any such breach of such provision.
7. 552.270-38-INTEGRATED AGREEMENT(AUG 1992)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or
oral agreement, express or implied,shall be admissible to contradict the provisions of the Lease,
8. 552.270-39-MUTUALITY OF OBLIGATION (AUG 1992)
The obligations and covenants of the Lessor, and the Government's obligation to pay rent and
other Government obligations and covenants, arising under or related to this Lease, are
Interdependent. The Govemment may upon issuance of and delivery to Lessor of a final decision
asserting a claim against Lessor,set of such claim, In whole or in part, as against any payment or
payments then or thereafter due the Lessor under this lease except for ground rent. No setoff
pursuant to this clause shall constitute a breach by the Government of this tease,
9. 552.270-27-DELIVERY AND CONDITION(AUG 1992)
(a) Unless the Government elects to have the space occupied in increments,the space must be
delivered ready for occupancy as a complete unit. The Government reserves the right to
determine when the space is substantially complete.
(b) If the premises do not in every respect comply with the provisions of this lease the
Contracting Officer may,in accordance with the Failure in Performance clause of this lease,,.
elect to reduce the rent payments except for ground rent payments;
10. 552.270-30-PROGRESSIVE OCCUPANCY(AUG 1992)
The Government shall have the right to elect to occupy the space in partial increments prior to the
substantial completion of the entire leased premises, and the Lessor a rees to schedule its work
so as to deliver the space incrementally as elected by the Government. The Government shall pay
rent commencing with the first business day following substantial completion of the entire leased
premise unless the Government has elected to occupy the leased premises incrementally, In case
of Incremental occupancy, The Government shall pay rent pro rata upon the first business day
following substantial completion of each incremental unit. Rental payments shall become due on
the first workday of the month following the month In which an increment of space is substantially
complete, except that should an Increment of space be substantially completed after the fifteenth
day of the month,the payment due date will be the first workday of the second month following the
month in which it was substantially complete. The commencement date of the firm lease term will
be a composite determined from all rent commencement dates. This section does not apply to the
obligation of the Government to pay Ground Rent.
11. 552.270-32-EFFECT OF ACCEPTANCE AND OCCUPANCY(AUG 1992)
Neither the Government's acceptance of the premises for occupancy, nor the Govemment's
occupancy thereof, shall be construed as a waiver of any requirement of or right of the
Government under this Lease, or as otherwise prejudicing the Government with respect to any
such requirement or right.
INITIALS: &
LES66R GOVERITMENT 35 GSA FORM 3517 PAGE 5(REV 4196)
Page 187 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA IT . .
EXHIBIT D
12. 552.270-12-MAINTENANCE OF BUILDING AND PREMISES-RIGHT OF ENTRY(AUG 1992)
Except in case of damage arising out of the willful act or negligence of a Government employee,
Lessor shall maintain the premises, Including the building and all equipment, fixtures, and
appurtenances furnished by the lessor under this lease, in good repair and condition so that they
are suitable In appearance and capable of supplying such heat, air conditioning, light, ventilation,
access and other things to the premises,without reasonably preventable or recurring disruption, as
Is required for the Government's access to, occupancy, possession, use and enjoyment of the
premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor
may at reasonable times enter the premises with the approval of the authorized Government
representative in charge,
13. 552.270-17-FAILURE IN PERFORMANCE (AUG 1992)
The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair
required under this lease are interdependent. in the event of any failure by the Lessor to provide
any service, utility, mainlenance, repair or replacement required under this lease the Government
ma ,b contract or otherwise, perform the requirement and deduct from any payment or paymen s
under (fits lease, then or thereafter due, the resulting cost to the Government, including all
administrative costs. If the Government elects to perform any such requirement,the Government
and each of its contractors shall be entitled to access to any and all areas of the building, access to
which is necessary to perform any such requirement,and the Lessor shall afford and facilitate such
access. Alternatively, the Government may deduct from an payments under this lease, then or
thereafter due, an amount which reflects the reduced value of the contract requirement not
performed. No deduction from rent pursuant to this clause shall constitute a default by the
Government under this lease. These remedies are not exclusive and are in addition to any other
remedies which may be available under this lease or at law. No deduction from the ground rent
shall be allowed
14. 552.270-15-COMPLIANCE WITH APPLICABLE LAW(AUG 1992)
Lessor shall comply with all Federal, slate and local laws applicable to the Lessor as owner or
lessor, or both, of the 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. The Government will comply
with all Federal state and local laws applicable to and enforceable against it as a tenant under this:
lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity
of the Government. This lease shall be governed by Federal law and the laws of the State of
Alaska.
15. 552.270-19-ALTERATIONS(JUNE 1985)
The Government shall have the right during the existence of this lease to make alterations, attach
r'udures, and erect structures or signs In or upon the premises hereby leased, which fixtures,,
additions or structures so placed in,on,upon,or attached to the said premises shall be and remain
the property of the Government and may be removed or otherwise disposed of by the Government.
If the lease contemplates that the Government is the sole occupant of the building, for purposes of
this clause, the leased premises include the land on which the building Is sited and the building
itself. Otherwise,the Government shall have the right to lie into or make any physical connection
with any structure located on the property as is reasonably necessary for appro riate utilization of
the leased space. Prior written approval from the lessor to perform any alterations shall be
required but not to be unreasonably withheld.
16. ACCEPTANCE OF SPACE(JUNE 1994)
(a) When the Lessor has cornpfeted all alterations„ improvements, and repairs necessary to
meet the requirements of the lease„ the Lessor shall notify the Contracting Officer„ The
Contracting Officer or designated representative shall promptly inspect the space.
17 552.270-16-INSPECTION-RIGHT OF ENTRY(AUG 1992)
(a) At any time and from time to time after receipt of an offer (until the same has been duly
withdrawn or rejected),after acceptance thereof and during the term,theagents, employees
and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor,
enter upon the offered premises or the premises, and all other areas of the building access
to which is necessary to accomplish the purposes of entry, to delermine the potential or
actual compliance by the Offeror or Lessor with the requirements of the solicitation or this
lease, which purposes shall include, but not be limited to: (1) inspecting, sampling and
anal In
of suspected asbestos-containing materials and air monitoring for asbestos fibers;
INITIALS: B
LES R GO ER LENT 36 GSA FORM 3517 PAGE 6(REV 4196)
Page 188 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(2)inspecting the heating, ventilation and air conditioning system,maintenance records, and
mechanical rooms for the offered premises or the premises; (3) inspecting for any leaks,
spills, or other potentially hazardous conditions which may involve tenant exposure to
hazardous or toxic substances; and (4) inspecting for any current or past hazardous waste
operations, to ensure that appropriate mitigative actions were taken to alleviate any
environmentally unsound activities in accordance with Federal,Stale and local law,
(b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic
materials or to impose a higher standard of care on the Govemment than on other lessees.
The purpose of this clause is to promote the ease with which the Government may Inspect
the building. Nothing in this clause shall act to relieve the Lessor of any duty to Inspect or
liability which might arise as a result of Lessor's failure to inspect for or correct a hazardous
condition.
18. 552.232-71 -PROMPT PAYMENT(APR 1989)
The Govemment will make payments under the terms and conditions specified in this clause,
Payment shall be considered as being made on the day a check is dated or an electronic funds
transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.
(a) Payment due date.
(1) Mental payments, Rent shall be paid monthly in arrears and will be due on the first
workday of each month,and only as provided for by the lease.
(I) When the date for commencement of rent falls on the 15th day of the month or
earlier,the initial monthly rental payment under this contract shall become due
on the first workday of the month following the month in which the
commencement of the rent is effective.
(Ii) When the date for commencement of rent falls after the 15th day of the month„
the initial monthly rental payment under this contract shall become due on the
first workday of the second month following the month in which the
commencement of the rent Is effective.
(2) Other payments. The due date for making payments other than rent shall be the later
of the following two events:
O The 30th day after the designated billing office has received a proper Invoice
from the Contractor.
(Ii) The 30th day after Govemment acceptance of the work or service. However. if
the designated billing office fails to annotate the Invoice with the actual date of
receipt,the Invoice payment due date shall be deemed to be the 30th day after
the Contractors invoice is daled, provided a proper invoice is received and
there is no disagreement aver quantity, quality, or Contractor compliance with
contract requirements.
(b) Invoice and Inspection requirements for payments other than rent.
(1) The Contractor shall prepare and submit an invoice to the designated billing office
after completion of the work. A proper invoice shall include the following items:
� Name and address of the Contractor.
Invoice date.
ii Lease number.
Iv Govemment's order number or other authorization.
v) Description,price,and quantity of work or services delivered.
v1) Name and address of Contractor official to wham payment is to be sent (must
be the same as that In the remittance address in the lease or the order.)
(vii) Name (where practicable), title, phone number, and mailing address of person
to be notified in the event of a defective invoice.
(2) The Govemment will inspect and determine the acceptability of the work performed or
services delivered within 7 days after the receipt of a proper Invoice or notification of
completion of the work or services unless a different period is specified at the time the
order is placed. If actual acceptance occurs later,for the purpose of determining the
payment due date and calculation of interest, acceptance will be deemed to occur on
the last day of the 7-day inspection period. If the work or service Is rejected for failure
to conform to the lechnicat requirements of the contract, the 7 days will be counted
beginning with receipt of a new Invoice or notification. In either case,, the Contractor
Is not entitled to any payment or interest unless actual acceptance by the Govemment
occurs.
(c) Interest Penalty.
1NmALs7 a
LES GOVERNMENT 37 GSA FORM 3517 PAGE 7(REV:WW
Page 189 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(1) An interest penalty shall be paid automatically by the Government, without request
from the Contractor,if payment is not made by the due date.
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury
under Section 12 of the Contract Disputes Act of 1978(41 U.S.C.611)that is in effect
on the day after the due date. This rate Is referred to as the "Renegotiation Board
Interest Rate," and it is published In the Federal Reuisler semiannually on or about
January 1 and July 1. The interest penally s- ail accrue daily on the payment amount
approved by the Government and be compounded in 30-day increments Inclusive
from the first day after the due date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a claim for such
penalties under the clause at 52.233-1. Disputes, or for more than 1 year. Interest
penalties of less than$1.00 need not be paid.
(4) Interest penalties are not required on payment delays due to disagreement between
the Government and Contractor over the payment amount or other Issues involving
contract compliance or on amounts temporarily withheld or retained in accordance
wlth the terms of the contract. Claims involving disputes, and any interest that may
be payable,will be resolved in accordance with the clause at 52.233-1, Disputes.
19. 552.232-73-ELECTRONIC FUNDS TRANSFER PAYMENT(AUG 1992)
(Applies to leases which exceed$100,000 average net annual rental,including option periods.)
(a) Payments under this lease will be made by the Government elther b check or electronic
funds transfer (EM If the Lessor elects to receive payment b EFT, after award, but no
later than 30 days before the first payment, the Lessor shad des6nate a financial institution
for receipt of EFT payments, and shall submit this designation to the Contracting Officer or
other Government official,as directed.
(b) For payment by EFT,the Lessor shall provide the following Information:
(1) The American Bankers Association 9-digit Identifying number for wire transfers of the
financing institution receiving payment If the institution has access to the Federal
Reserve Communications System.
2 Number of account to which funds are io be deeosited.
3 Type of depositor account("C"for checking,"S for savings).
4 If the Lessor is a new enrollee to the EFT system,a"Payment Information Form," SF
3881, must be completed before payment can be processed.
(c) In the event the Lessor, during the performance of this"contracl, elects to designate a
different financial Institution for the receipt of any payment made using EFT procedures,
notification of such change and the required information specified above must be received
by the appronate Government official no later than 30 days prior to the dale such change is
to become effective.
(d) The documents fumishing the Information required in this clause must be dated and contain
the signature, title, and telephone number of the Lessor or an authorized representative
designated by the Lessor,as well as the Lessor's name and lease number.
(e) Lessor failure to properly des4nate a financial institution or to provide appropriate payee
bank account information may delay payments of amounts otherwise properly due.
20. 552.232-72-INVOICE REQUIREMENTS(VARIATION)(APR 1989)
(This clause applies to payments other than rent.)
(a) Invoices shall be submitted In an original only, unless otherwise specified,to the designated
billing office specified In this contract or purchaseldelivery order.
(b) Invoices must include the Accounting Control Transaction (ACT) number provided below or
on the purchaseldelivery order.
ACT Number(to be supplied on individual orders)
(c) If information or documentation in addition to that required by the Prompt Payment clause of
this contract Is required in connection with an invoice for a particular order, the order will
indicate what information or documentation must be submitted.
21. 52.232-23-ASSIGNMENT OF CLAIMS (.IAN 1986)
INITIALS: 6
LES9hR GOVERNAENT 38 GSA FORM 3517 PAGE a(REV 4%)
Page 190 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 USC 3727„ 41 USC
15(hereafter referred to as the the Act"), mayassign its rights to be paid amounts due or to
become due as a result of the performance of this contract to a bank, trust company, or
other financing institution, including any Federal lending agency. The assignee under such
an assignment may thereafter further assign or reasIn its right under the original
assignment to any type of financing institution described in lite preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all
except that anlassiggnmlent orreassignmer this nt, and mayy beamadenot to one made
orty as agent or trustee
for two or more parties participating In the financing of this contract,
(c) The Contractor shall not furnish or disclose to any assignee under this contract any
classified document (including this contract) or information related to work under this
contract until the Contracting Officer authorizes such action in writing,
22. 552.270-31 -PAYMENT(AUG 1994)
(a) When space is offered and accepted, the occupiable square footage delivered will be
confirmed by:
(1) the Government's measurement of plans submitted b the successful Offeror as
approved by the Government, and an inspection of the space to verify that the
delivered space is in conformance with such plans or
(2) a mutual on-site measurement of the space, if the Contracting Officer determines that
it is necessary,
(b) Payment will not be made for space which is In excess of the amount of occupiable square
footage slated in the lease.
(c) If it Is determined that the amount of occupiable square footage actual!y delivered is less
than the amount agreed to In the lease, the lease will be modified to reflect the amount of
occupiable space delivered and the annual rental will be adjusted as follows
Occupiable square feet not delivered multiplied by the occupiable square foot (OSF) rale
equals the reduction in annual rent. The rate per occupiable square foot Is determined by
dividing the total annual rental by the occupiable square footage set forth In the lease.
OSF Not Delivered X Rate per CSF=Reduction In Annual Rent.
This section does not apply to the obligation of the Government to pay Ground Rent.
23. 552.203-5-COVENANT AGAINST CONTINGENT FEES(FEB logo)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit
or obtain this contract upon an agreement or understanding for a contingent fee, except a
bona fide employee or agency. For breach or violation of this warranty, the Government
shall have the right to annul this contract without liability or, in its discretion, to deduct from
the contract price or consideration, or otherwise recover the full amount of the contingent
fee.
(b) "Bona fide agency," as used In this clause, means an established commercial or selling
agency(including licensed real estate agents or brokers), maintained by a Contractor for the
purpose of secu ng business,that neither exerts nor proposes to exert improper influence to
solicit or obtain Govemment contracts nor holds itself out as being able to obtain any
Government contract or contracts through Improper influence.
"Bona fide employee," as used In this clause, means a person, employed by a Contractor
and subject to the Contractor's supervision and control as to time, place, and manner of
Performance,who neither exerts nor proposes to exert Improper influence to sollcil or obtain
Government contracts not holds out as being able to obtain any Government contract or
contracts through Improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or
other fee that is contingent upon the success that a person or concern has in securing a
Government contract.
INITIALJ!�
- a
LES GpVERNMENT 39
GSA FORM 3517 PAGE 9(REV 4196)
Page 191 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
"Improper Influence," as used in this clause, means any Influence that induces or lends to
induce a Government employee or officer to give consideration or to act regarding a
Government contract on any basis other than the merits of the matter.
24. 52.203-7-ANTI-KICKBACK PROCEDURES (OCT 1988)
(Applies to leases which exceed$100,400 average net annual rental,Including option periods.}
(a) Definitions.
"Kickback,"as used in this clause, means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which is provided, directly or indirectly,, to any
prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for
the purpose of improperly obtaining or rewarding favorable treatment in connection with a
prime contract or in connection with a subcontract relating to a prime contract.
"Person,"as used in this clause„, means a corporation„ partnership, business association of
any kind,trust,joint-stock company,or individual.
"Prime contract,”as used in this clause„ means a contract or contractual action entered into
by the United States for the purpose of obtaining supplies, materials, equipment; or services
of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime
contract with the United Slates.
"Prime Contractor employee,"as used in this clause, means any officer, partner, employee,,
or agent of a prime Contractor,
"Subcontract," as used in this clause, means a contract or contractual action entered into by
a prime Contractor or subcontractor for the purpose of obtaining supplies, materials,
equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime
Contractor,who offers to fumish or furnishes any supplies, materials, equipment, or services
of any kind under a prime contract or a subcontract entered into in connection with such
prime contract, and (2) includes any person who offers to furnish or furnishes general
supplies to the prime ontractor or a higher tier subcontractor,
"Subcontractor employee,'"as used in this clause, means any officer, partner,employee,, or
agent of a subcontractor,
(b) The Anti-Kickback Act of 1988(41 U.S_C. 51-58) (the Act).prohibits any person from--
1) Providing or attempting to provide or offerfng to provide eny kickback;
2} Soliciting, accepting,or attempting to accept eny klck#sack;or
3 Inc[uding, directly ar indirect y, the amount of any kickback in the contract puce
charged by a prime Contractor to the United States or in the contract price charged by
a subcontractor to a prime Contractor or higher tier subcontractor,
(c) (1) The Contractor shall have In place and follow reasonable procedures designed to
prevent and detect possible violations described in paragraph (b) of this clause in Its
own operations and direct business relationships,
(2) When the Contractor has reasonable grounds to believe that a violation described in
paragraph (b) of this clause may have occurred, the Contractor shall promptly report
fn writing the possible violation. Such reports shall be made to the inspector general
of the contracting agency,the head of the contracting agency If the agency does not
have an Inspector general, or the Department of Justice.
(3) The Contractor shall cooperate futfy with any Federal agency investigating a possible
violation described in paragraph(b)of this clause,.
(4) The Contracting Officer may I1Q offset the amount of the kickback against any monies
awed by the United States under the prime contract and/or (io direct that the Prime
Contractor withhold from sums owed a subcontractor under theme contract, the
amount of the kickback. The Contracting Officer may order that monies withheld
under subdivision (c)(41(ii) of this clause be paid over to the Government unless the
Government has a�fready offset those monies under subdivision(c)(4)fi) of this clause.
In the either case, the Prime Contractor shall notify the Contracting OOfficer when the
monies are withheld.
INITIALS'' d
LE5 R G MENT 4o GSA FORM 3517 PAGE 10(REV 4196)
Page 192 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITE . .
EXHIBIT D
(5) The Contractor agrees to Incorporate the substance of this clause„ including
subparagraph (c)(5)but excepting subparagraph (c)(1), in all subcontracts under this
contract.
25 52.203-9 - REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY
MODIFICATION(NOV 1990)
(Applies to leases which exceed$100,000.)
(a) Definitions. The definitions set forth In FAR 3.104-4 are hereby incorporated in this clause,
(b) The contractor agrees that it will execute the certification set forth inparagraph (c) of this
clause, when requested by the Contracting Officer in connection with the execution of any
modification of this contract.
(c) Certification. As required In paragraph (b)of this clause,the officer or employee responsible
or e m kation proposal shall execute the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION (NOV 1990)
(1) I, IName of certifierl, am the officer or employee responsible for the preparation of this
modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception
of any information described in this certification, I have no information concerning a violation or possible
violation of subsections 27(a), {{b), (d), or (f) of the Office of Federal Procurement Policy Act, as
amended" (41 U.S.C. 423) (hereinafter referred to as 'the Act"), as implemented in the FAR, occurring
during the conduct of this procurement contract and modification number).
(2) As required by subsection 27(a)(1)(8) of the Act, I further certify that, to the best of my
knowledge and belief each officer, employee, agent, representative, and consultant of Name of Offeror
who has participated personally and substantially in the preparation or submission of s propposa has
certified that he or she Is familiar with, and will comply with, the requirements of subsection 27(a) of the
Act, as Implemented in the FAR, and will report immediately to me any information concerning a violation
or possible violation of subsections 27(a),(b),(d), or(I) of the Act, as implemented in the FAR,pertaining
to this procurement.
(3)) Violations or possible violations: (Continue on plain bond paper if necessary and label
Certificate of Procurement Integrity-Modification (Continuation Sheet), ENTER "NONE" IF NONE
EXISTS)
(SAMPLE
DoNOT
ENEDIERTIFICATE. THE CONTRACTING OFFICER
WILL REQUEST SENEER,
[signature oft the officer or employee responsilile for the mai cat on proposal ana date)
i ed name of the � n,...-6Fei-. ,,., _.w.. .
,,..�....... .. ...., .°.
['yp'�° m�.�,,,,.�officer or employee respons�le far the modification proposal]
'Subsections 27(a), (b),and (d) are effective on December 1, 1990. Subsection 27(0 is effective on
June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF
THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 16,
UNITED STATES CODE, SECTION 1001.
(End of certification)
INMALS: a F 41
LESR GOVERNMENT GSA FORM 3517 PAGE 11 (REV 4)96)
Page 193 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM # . .
EXHIBIT D
(d) In making the certification in paragraph (2) of the certificate, the officer or employee of the
competing Contractor responsible for the offer or bid, may rely upon a one-time certification
from each Individual required to submit a certification to the competing Contractor,
supplemented by periodic training. These certifications shall be obtained at the earliest
F
date after an Individual required to certify begins employment or association with
the Contractor. If a Contractor decides to rely on a certification executed prior to the
suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that
an Individual who has so certified is notified that section 27 has been reinstated. These
certifications shall be maintained by the Contractor for a period of 6 years from the date a
certifying employee's employment with the companyends or, for an agency, representative,
or consultant, 6 years from the date such individual ceases to act on behalf of the
contractor.
(e) The certification required by paragraph(c) of this clause is a material representation of fact
upon which reliance will be placed in executing this modification.
26, 552.203-73-PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(SEP 1990)
(Applies to leases which exceed$100,000.)
(a) If the head of the contracting activity(FICA)or his or her designee determines that there was
a violation of subsection 27(a)of the Office of Federal Procurement Policy Act, as amended
(41 U.S.C. 423), as Implemented In the Federal Acquisition Regulation,the Government, at
its election,may--
(1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental
for each month of the remaining term of the lease, Including any option periods, and
recover 5 percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by 5 percent
of the amount of the alterations agreement;or
(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to
exceed the amount of profit or fee reflected In the subcontract at the time the
subcontract was placed.
(b) Prior to making a determination as set forth above, the FICA or designee shall provide to the
Lessor a written notice of the action being considered and the basis therefor. The Lessor
shall have a period determined by the agency head or designee, but not less than 30
calendar days after receipt of such notice, to submit in person, In writing, or through a
representative, Information and argument in opposition to the proposed reduction. The
agency head or designee may, upon good cause shown, determine to deduct less than the
above amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
27. 52.215-22-PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(OCT 1995)
(Applies when cost or pricing data is required for work or service exceeding 5500,000.)
(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost
reimbursable under this contract, was increased by any significant amount because (1) the
Contractor or a subcontractor furnished cost or pricing data that were not complete.
accurate, and current as certified In its Certificate of Current Cost or Pricing Data, (2) a
subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that
were not complete, accurate, and current as certified in the Contractor's Certificate of
Current Cost or Pricing Data, or(3) an of these parties furnished data of any description
that were not accurate,the price or cost shall be reduced accordingly and the contract shall
be modified to reflect the reduction.
(b) Any reduction in the contract price under paragraph (a) of this clause due to defective data
from a prospective subcontractor that was not subsequently awarded the subcontract shalt
be limited to the amount,plus appltcabte overhead and profit markup,by which(1)the actual
subcontract or(2)the actual cost to the Contractor, if there was no subcontract,was less
than the prospective subcontract cost estimate submitted by the Contractor, provided, that
the actual subcontract price was not itself affected by defective cost pricing data.
r
INITIALS: 42
LE OR GOVERNMENT GSA FORM 3517 PAGE 12(REV 4196)
Page 194 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(o) (1) If the Contracting Officer determines under paragraph (a)of this clause that a price or
cost reduction should be made, the Contractor agrees not to raise the following
matters as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in
a superior bargaining position and thus the price of the contract would not have
been modified even if accurate, complete, and current cost or pricing data had
been submitted.
(ii) The Contracting Officer should have known that the cost or pricing data in
Issue were defective even though the Contractor or subcontractor took no
affirmative action to bring the character of the data to the attention of the
Contracting Officer.
(ii) The contract was based on an agreement about the total cost of the contract
and there was no agreement about the cost of each item procured under the
contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or
Pricing Data.
(2) (1) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an
amount determined appropriate by the Conttracting Officer based upon the facts
shall be allowed against-the amount of a contract price reduction if--
(A) The Contractor certifies to the Contracting Officer that, 10 the best of the
Contractor's knowledge and belief, the Contractor is entitled to the offset
In the amount requested; and
(13) The Contractor proves that the cost or pricing data were available before
the date of agreement on the price of the contract (or price of the
modification)and that the data were not submitted before such dale,
(ii) An offset shall not be allowed if—
(A)
f(A) The understated data was known by the Contractor to be understated
when the Certificate or Current Cost or Pricing Data was signed; or
(S) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the date of agreement on
price,
(d) If any reduction in the contract price under this clause reduces the price of Items for which
Contract or shall be liable to and shall the date a ttthe Untied States at thegtimeesuch overpaymrice ents s
repaid—
PY PY
(1) Simple interest on the amount of such overpayment to be computed from the date(s)
of overpayment to the Contractor to the date the Government is repaid by the
Contractor at the applicable underpayment rate effective for each quarter prescribed
by the Secretary of the Treasury under 26 U.S.C, 6621(a)(2);and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor
knowingly submitted cost or pricing data which were incomplete, inaccdurate, or
noncurrent.
(e) This clause applies to construction work or services to be provided under this agreement.
This clause does not apply to the calculation of the rental payment.
28. 552.270-20-PROPOSALS FOR ADJUSTMENT(APR 1998)
(a) The Contracting Officer may, from time to time during the term of this lease, require
changes to be made In the words or services to be performed and in the terms or conditions
of this lease. Such changes will be required under the Changes clause.
(b) If the Contracting Officer makes a change within the general scope of the lease,the Lessor
shall submit, In a timely manner, an itemized cost proposal for the work to be accomplished
or services to be performed when the cost exceeds $25,000. The proposal, including all
subcontractor work,will contain at least the following details--
1 Material quantities and unit costs;
2 Labor costs (identified with specific Item or material to be placed or operation to be
performed;
3Equipment costs;
4 Worker's compensation and public liability insurance;
5 Overhead;
8 Profit; and
Employment taxes under FICA and FUTA.
INITIALS' y 3 43
LE OR GOVERN NT GSA FORM 3517 PAGE 13(REV 4f'9
Page 195 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(c) The following Federal Acquisition Regulation (FAR) provisions also apply tv all pproposals
exceeding the threshold for submission of cost or pricing data at FAR 15 804-2(a)(1)--
(1) The lessor shall provide cost or pricing data including subcontractor cost or pricing
data(48 CFR 15.804-2);
(2) The Lessors representative, all contractors, and subcontractors whose portion of the
work exceeds the threshold for submission of cost or pricing data must sign and
return the"Certificate of Current Cost or Pricing Data"(48 CFR 15.8044);and
(3) The agreement for "Price Reduction for Defective Cost or Pricing Data" must be
signed and returned(48 CFR 15 804-8).
(d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for Information on
which costs are allowable, reasonable,and allocable in Government work.
29. 552.270-21 -CHANGES (JUL 1995)
(a) The Contracting Officer may at any time, by written order, make changes within the general
scope of this lease in any one or more of the following:
1 Specifications (including drawings and designs);
2 Work or services;
3 Facilities or space layout;or
4 Amount of space (with the consent of the lessor).
(b) If any such change causes an increase or decrease in Lessors cost of or the time required
for performance under this lease, whether or not changed by the order, the Contracting
Officer shall modify this lease to provide for one or more of the following:
1 A modification of the delivery dale;
2 An equitable adjustment in the rental rale;
3 A lump sum equitable adjustment;or
4 An equltable adiustmen of the annual operating costs per occupiable square foot
specified In this(ease.
(c) The Lessor shall assert its right to an adjustment under this clause within 30 days from the
date of receipt of the change order and shall submit a proposal for adjustment. Failure to
agree to any adjustment shall be a dispute under the Disputes clause. However„ nothing in
this clause shall excuse the lessor from proceeding with the change as directed.
(d) Absent such written change order, the Government shall not be liable to Lessor under this
clause.
30. 552.215-70-EXAMINATION OF RECORDS BY GSA(FEB 1996)
The Contractor agrees that the Administrator of General Services, or any duly authorized
representative shall, until the expiration of 3 years after final payment under this contract, or of the
time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition
Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any
books, documents, papers, and records of the Contractor involving transactions related to this
contract or compliance with any clauses thereunder The Contractor further agrees to Include In all
its subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Administrator of General Services, or any duly authorized representatives shall, until the expiration
of 3years after final payment under the subcontract, or of the time periods for the particular
records specified In Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever
expires earlier, have access to and the fight to examine any books, documents, papers, and
records of such subcontractor, involving transactions related to the subcontract or compliance with
any clauses thereunder. The term 'subcontract" as used in this clause excludes (a) purchase
orders not exceeding$100,000 and(b)subcontracts or purchase orders for public utility services at
rates established for uniform applicability to the general public.
31. 52.233-1 -DISPUTES (OCT 1995)
(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
801-613).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be
resolved under this clause.
INITIALS: E
I-EPOR GOVERNMENT 44 GSA FORM 3517 PAGE 14(REV 496)
Page 196 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(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. A claim arising under a contract, unlike a claim relating to that contract, Is a claim
that can be resolved under a contract clause that provides for the rellef sought by the
claimant. 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)of this clause. 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, bycomplying 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 shall be made in writing and, unless otherwise stated in this
contract,submitted within 8 years after accrual of the claim to the Contracting Officer
for a written decision. A claim by the Government against the Contractor shall be
subject to a written decision by the Contracting Officer.
(2) (1) Contractors shall provide the certification specified In subparagraph (d)(2)(ilq of
this clause when submitting any claim--
Exceeding 5700,000;or
Regardless of the amount claimed,when using--
(1 ArNtration conducted pursuant to 5 U,&C,575-580;or
21 Any other alternative means of dispute resolution(ADR)technique
that the agency elects to handle in accordance with the
Administrative Dispute Resolution At(ARRA).
(ii) The certification requirement does not apply to issues in controversy that have
not been submitted as all or part of a claim.
(ii) The certification shall state as foliows� "I certify that the claim is made ingood
faith; that the su porting data are accurate and complete to the best .o my
knowledge and �elief; that the amount requested accurately reflects the
contract adjustment for which the Contractor believes the Government 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 ciaim.
(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 $100,1300, the Contracting Officer must, within fi0 days, decide the
claim or notify the Contractor of the date by which the decision will be made,
(Q The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit
as provided in the Act.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the
Government is presented to the Contractor, the parties, by mutual consent, may agree to
use ADR. If the Contractor refuses an offer for aitemative disputes resolution, the
Contractor shall inform the Contracting Officer, In writing, of the Contractor's specific
reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C.
575-580, or when using any other ADR technique that the agency elects to handle in
accordance with the ARRA, any claim, regardless of amount, shall be accompanled by the
certification described in subparagraph (d)(2)(Iii) of this clause, and executed in accordance
with subparagraph (d)(3)of this clause.
(h) The that he Contracting ent alOfficernterest on the re receives the claim (certified if requiredt found due and )unpaidfrom
(2)rrthe)date that
Fayment otherwise would be due,if that date is later, until the dale of payment. With regard
o claims having defective certifications, as defined in FAR 33.201, interest shall be paid
from the date that the Contracting Officer initially receives the claim. Simple interest on
claims shall be paid at the rate,; fixed by the Secretary of the Treasury, as provided in the
At which is applicable to the period during which the Contracting Officer receives the claim
and then at the rate applicable for each 8-month period as fixed by the Treasury Secretary
during the pendency of the claim.
() The Contractor shall 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,
32. 552.27040-ASBESTOS AND HAZARDOUS WASTE MANAGEMENT(AUG 102)
o
INITIALS. 8
LESS R GOV RNM45-ENT GSA FORM 3517 PAGE 15(REV 4196)
Page 197 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
The certifications made by the Offeror regarding asbestos and hazardous waste management
contained in the representation and certification provisions of this lease are material
representations of fact upon which the Government relies when making award. If It is later
determined that the presence or management of asbestos and/or hazardous waste has been
misrepresented, the Government reserves the right to require the Lessor, at no cost to the
Government, to abate (remove, encapsulate, enclose, or repair) such asbestos and/or mitigate
hazardous waste conditions, with such work performed in accordance with Federal (e..g,,, EPA,
OSHA, and DOT), State, and local regulations and guidance, or, alternatively, the Government
may terminate the lease. This is In addition to other remedies available to the Government,
33. 52.222-26-EQUAL OPPORTUNITY(APR 1984)
(a) If, during any 12-month period (including the 12 months preceding the award of this
contract), the Contractor has been or is awarded nonexempt Federal contracts and/or
subcontracts that have an arelate value in excess of $10,000, the Contractor shall
comply with subparagraphs (bRI) through (11) below, Upon request„ the Contractor shalt
provide Information necessary to determine the applicability of this clause.
(b) During performing this contract,the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for
employment because of race,color, religion,sex, or national origin.
(2) The Contractor shall take affirmative action to ensure the applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. This shall include, but not be limited to, (1)
employment, ii) upgrading, (11D demotion, (iv) transfer, (v)) recruitment or recruitment
advertising, (v layoff or termination,(vl€)rales of pay or other forms of compensation,
and(viii?selection for training,including apprenticeship.
(3) The Contractor shall post In conspicuous places available to employees and
applicants for employment the notices to be provided by the Contracting Officer that
explain this clause.
(4) The Contractor shall,in all solicitations or advertisements for employees placed by or
on behalf of the Contractor,state that all qualified applicants will receive consideration
for employment without regard to race,color, religion,sex,or national origin.
(5) The Contractor shall send,to each labor union or representative of workers with which
It has a collective bargwining agreement or other contract or understanding,the notice
to be provided by the Contracting Officer advising the labor union or workers'
representative of the Contractor's commitments under this clause, and post copies of
the notice in conspicuous places available to employees and applicants for
employment.
(13) The Contractor shall comply with Executive Order 112413,,as amended, and the rules,
regulatlons, and orders of the Secretary of Labor.
(7) The Contractor shall fumish to the contracting agency all Information required by
Executive Order 11246, as amended,and by the rules, regulations, and orders of the
Secretary of Labor. Standard Form 100 (EEO-1)„ or any successor form, is the
prescribed form to be riled within 30 days following the award, unless filed within 12
months preceding the date of award.
(8) The Contractor shall permit access to its books, records, and accounts by the
contracting agency or the Office of Federal Contract Compliance Programs (OFCCP)
for the purpose of Investigation to ascertain the Contractor's compliance with the
appplicable rules,regulations,and orders.
(9) Ifthe OFCCP determines that the Contractor is not in compliance with this clause or
any rule,regulation,or order of the Secretary of Labor,this contract may be canceled,
terminated, or suspended in whole or In part and the Contractor may be declared
Ineligible for further Government contracts, under the procedures authorized ire
Executive Omer 11246, as amended, In addition, sanctions may be Imposed and
remedies invoked against the Contractor as provided in Executive Order 112481, as
amended,the rales,regulations,and orders of the Secretary of Labor, or as otherwise
provided by law.
(10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through
(1 t)of this clause in every subcontract or purchase order that is not exempted by the
rules, regulations, or orders of the Secretary of Labor issued under Executive Order
11246, as amended, so that these terms and conditions will be binding upon each
subcontractor or vendor.
INITIALS: & b�T- 46
LES#R GOVERNMENT GSA FORM 3517 PAGE 15(REV 4/95)
Page 198 of 2615
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(11) The Contractor shall take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing these terms and
conditions, including sanctions for noncompliance; provided, that if the Contractor
becomes involved in,or is threatened with,litigation with a subcontractor or vendor as
a result of any direction, the Contractor may request the United States to enter Into
the litigation to protect the interests of the United Stales.
(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1.
34. 52.222-35-AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS
(APR 1984)(DEVIATION)
(a) Definitions.
"Appropriate office of the State employment service system," as used In this clause,, 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„, Puerto Rico, and the Virgin Islands.
"Positions that will be filled from within the Contractor's organization,” as used in this clause,
means employment openings for which no consideration will be given to persons outside the
Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and
Includes any openings that the Contractor proposes to fill from regularly establish"recall"lists.
"Employment openings," as used in this clause, Includes full-time employment, temporary
employment of over 3 days, and part-time employment, but does not Include(1) executive and top
management positions, (2) positions that will be filled from within the Contractor's organization or
under a customary and traditional em loyer-unlon hiring arrangement, or (3) openings In an
educational institution that are restricted to students of that institution.
(b) General.
(1) Regarding any position for which the employee or applicant for employment is
qualified, the Contractor shall not discriminate against the individual because the
individual Is a special disabled or Vietnam era veteran. The Contractor agrees to take
affirmative action to employ, advance In employment, and otherwise treat qualified
special disabled and Vietnam era veterans without discrimination based upon their
dlsabllityy o'r veterans`status in all employment practices such as—
Employment;
ii Demotion or transfer,
Iv Recruitment;
V Advertising;
vi Layoff or termination;
vi) Rates of pay or other forms of compensation;and
vih Selection for training,Including apprenticeship.
(2) he Contractor 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.
(c) Listing openings.
(1) The Contractor agrees to list all employment openings existing at contract award or
occurring during contract performance, at an appropriate office of the State
employment service system in the locality where the opening occurs. These openings
Include those occurring at any contractor facility, including one not connected with
performing this contract. An Independent corporate affiliate is exempt from this
requirement.
(2) State and local government agencies holding Federal contracts of $10,000 or more
shall also list all their openings with the appropriate office of the State employment
service.
(3) The luting of employment openings with the Slate employment service system Is
required at least concurrently with using any other recruitment source or effort and
Involves the obligations of placing a bona fide job order, including accepting referrals
of veterans and nonveterans. This listing does not require hiring any particular lob
applicant or hiring from any particular group of job applicants and Is not Intended to
relieve the Contractor from any requirements of Executive orders or regulations
concerning nondiscrimination in employment.
INITIALS: a 47
LE OR G_0_VMffM9NT GSA FORM 3517 PAGE 17(REV 4196)
Page 199 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(4) Whenever the Contractor becomes contractually bound to the listing terms of this
clause, It shall advise the State employment service system, in each State where it
has establishments,of the name and location of each hiring location In the State. As
long as the Contractor is contractually bound to these terms and has so advised the
Slate system, it need not advise the State system of subsequent contracts. The
Contractor may advise the State system when it is no longer bound by this contract
clause.
(5) Under the most compelling circumstances, an employment opening may not be
suitable for listing, including situations when (1) the Government's needs cannot
reasonably be supplied, fi7 listing would be contrary to National security, or (iii) the
requirement of listing would not be in the Government's Interest.
(d) Applicability.
(1) This clause does not apply to the listing of employment openings which occur and are
rifled outside the 50 states, the District of Columbia, the Commonwealth of Puerto
Rico,Guam, and the Virgin the
)Islands.
(2) Cantrac or ofparagraph
(c
cfrom within above fitslown os an zation e do not or under openingsto custma at and
traditional imoloyer--union hiring arrangement. This exclusion does not aptly to a
particular opening once an employer decides 10 consider applicants outside of its own
organization or employer-union arrangement for that opening.
(a) Postings.
(1) The Contractor agrees to post employment notices staling (I) the Contractor's
obligation under the law to take affirmative action to employ and advance In
employment qualified special disabled veterans and veterans of the Vietnam era, and
(2) W(li}}the rights of applicants and employees.
ese notices shall be posted in conspicuous places that are available to employees
and applicants for employment. They shall be In a form prescribed by the Director,
Office of Federal Contract Compliance Programs,Department of Labor(Director),and
provided by or through the Contracting Officer.
(3) The Contractor shall nototy each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
Contractor Is bound by the tents of the Act, and Is committed to take affirmative
action to employ, and advance in employment,qualified special disabled and Vietnam
era veterans.
(i} Noncompliance. If the Contractor 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.
(g) Subcontracts. The Contractor shall Include the terms of this clause in every subcontract or
purchase order of$10,000 or more unless exempted by rules, regulations, or orders of the
Secretary. The Contractor shall act as specified by the Director to enforce the terms,
Including action for noncompliance.
35. 52.222-38-AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS(APR 1984)
(a) General.
(1) Regarding any position for which the employee or applicant for employment is
qualified, the Contractor shall not discriminate against any employee or applicant
because of physical or mental handicap. The Contractor agrees to take affirmative
action to employ, advance In employment and otherwise treat qualified handicapped
individuals without discrimination based upon their physical or menial handicap In all
employment practices such as--
ilivEmployment;
Upgrading;
) Demotion or transfer,
iv) Recruitment;
v Advertising;
Layoff or termination;
Vi
Rates of pay or other forms of compensation;and
vial Selection for training, includingg %renticeship.
(2) he Contractor agrees to compiy 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.
INITIALS: & TAC 48
LE . R GovE*OPXEWr GSA FORM 3517 PAGE 18(REV 4M)
Page 200 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(b) Postings.
(1) The Contractor agrees to post employment notices stating () the Contractor's
obligation under the law to take affirmative action to employ and advance In
employment qualified handicapped individuals and (i) the rights of applicants and
employees,
(2) These notices shall be posted In conspicuous places that are available to employees
and applicants for employment. They shall be in a form prescribed by the Director.
Office of Federal Contract Compliance Programs, Department of labor(Director), and
provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which It
has a collective bargaining agreement or other contract understanding, that the
Contractor is hound by the terms of Section 503 of the Act and is committed to take
affirmative action to employ, and advance In employment, qualified physically and
mentally handicapped Individuals,
(c) Noncompliance. If the Contractor 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.
(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or
purchase order In excess of$2,500 unless exempted by rules, regulations, or orders of the
Secretary. The Contractor shall act as specified by the Director to enforce the terms,
Including action for noncompliance.
36. 52.222-37 -EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA (JAN 1988)
(a) The Contractor shall report at least annually,as required by the Secretary of Labor, on:
(1) The number of special disabled veterans and the number of veterans of the Vietnam
era In the workforce of the contractor by job category and hiring location;and
(2) The total number of new employees hired during the period covered by the report,
and of that total,the number of special disabled veterans, and the number of veterans
of the Vietnam era.
(b) The above items shall be reported by completing the form entitled "Federal Contractor
Veterans'Employment Report VETS-100."
(c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988.
(d) The employment activity report required by paragraph (a) 2) of this clause shall reflect total
hires during the most recent 12-month period as of the ending date selected for the
employment profile report required by paragraph (a)(1) of this clause. Contractors may
select an ending date: (1) As of the end of any pay period during the period January
through March 7 of the year the report is due, or (2) as of December 31, if the Contractor
has previous written approval from the Equal Employment Oortunity Commission to do so
for purposes of submitting the Employer Information Report T90-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this clause shall be based on
voluntary disclosure. Each Contractor subject 10 the reporting requirements at 38 U.S.C.
2012(d)shall Invite all special disabled veterans and veterans of the Vietnam era who wish
to benefit under the affirmative action program at 38 U.S.C. 2012 to Identify themselves to
the Contractor. The Invitation shall stale that the information is voluntarily provided,that the
Information will be kept confidential, that disclosure or refusal to provide the information will
not sub�ect the applicant or employee to any adverse treatment, and that the Information will
be use only In accordance with the regulations promulgated under 38 U.S.C.2012.
(i) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or
purchase order of$10,000 or more unless exempted by rules, regulations, or orders of the
Secretary.
37. 52.209-6- PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(AUG 1995)
(a) The Government suspends or debars Contractors to protect the Government's interests,
Contractors shall not enter into any subcontract in excess of the small purchase limitation at
FAR 13.000 with a Contractor that has been debarred, suspended, or, proposed for
ebarment unless there Is a compelling reason to do so.
INFTIALS: A 8 49
LESPR GOVMAftty GS&FORM 3517 PAGE 19(REV 4x96,1
Page 201 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(b) The Contractor shall require each proposed first-tier subcontractor whose subcontract will
exceed the small purchase [imitation at FAR 13„000,„ to disclose to the Contractor. in writing„
whether as of the time of award of the subcontract, the subcontractor, or its principals„is of
is not debarred,suspended,or proposed for debarment by the Federal Government
(c) A corporate officer or designee of the Contractor shall notify the Contracting Officer', in
writing, before entering Into a subcontract with a party that Is debarred, suspended or
proposed for debarment(See FAR 9.404 for information on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs),. The notice must include the
following:
�1 The name of the subcontractor,
2; The Contractor's knowledge of the reasons for the subcontractor being on the List of
Parties Excluded from Federal Procurement and Nonprocurement Programs;
(3) The compelling reasons) for doing business with the subcontractor notw0standing
its Inclusion on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs;
(4) The systems and procedures the Contractor has established to ensure that it is fully
pprotecting the Govemment's Interests when dealing with such subcontractor in view of
the specific basis for the party's debarment,suspension, or proposed debarment,
38. 52.215-24-SUBCONTRACTOR COST OR PRICING DATA(OCT 1995)
(Applies when the clause 52.215-22 is applicable,)
(a) Before awarding any subcontract expected to exceed the threshold for submission of cost or
pricing data at FAR 15.804-2(a)(1), on the date of agreement on price or the date of award„
which ever Is later, or before pricing any subcontract modification involving a pricing
adjustment expected to exceed the threshold for submission of cost or pricing data at FAR
15.804-2(a)(1), the Contractor shall require the subcontractor to submit cost or pricing data
(actually or by specific identification in writing), unless an exception under FAR 15.804-1
applies.
(b) The Contractor shall require the subcontractor to certify In substantially the form prescribed
in subsection 15,804-4 of the Federal Acquisition Regulation (FAR) that, to the best of Its
knowledge and belief, the data submitted under paragraph (a) of this clause were accurate,
complete,and current as of the date of agreement on the negotiated price of the subcontract
or subcontract modification.
(c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR
15.804-2(a)(1),when entered Into,the Contractor shall Insert either—
(1)
ither(1) The substance of this clause, including this paragra h (c, if paragraph (a) of this
clause requires submission of cost or pricing data for the subcontract;or
(2) The Data substacat of the clause at FAR 52.215-25, Subcontractor Cost or Pricing
39. 52.219-8-UTILIZATION OF SMALL,SMALL DISADVANTAGED AND WOMEN-OWNED SMALL
BUSINESS CONCERNS(OCT 1985)
(Applies to leases which exceed$100,000 average net annual rental, Including option periods.)
(a) It Is the policy of the United Stales that small business concerns, small business concerns
owned and controlled by socially and economically disadvantaged individuals and small
business concerns owned and controlled by women shall have the maximum practicable
opportunity to participate In performing contracts let by any Federal agency, including
contracts and subcontracts for subsystems, assemblies, components, and related services
for major systems. It is further the policy of the United States that its prime contractors
establish procedures to ensure the timely payment of amounts due pursuant to the terms of
their subcontracts with small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged Individuals and small business
concerns owned and controlled by women,
(b) The Contractor hereby agrees to carry out this policy In the awarding of subcontracts to the
fullest extent consistent with efficient contract performance. The Contractor further agrees
to cooperate in any studies or surveys as may be conducted by the United States Small
Business Administration or the awarding agency of the United Slates as may be necessary
to determine the extent of the Contractor's compliance with this clause.
INITIALS: a
Llc OR GOVERN 50 GSA FORM 3517 PAGE 20(REV 4196)
Page 202 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
-EXHIBIT D
(c) As used in this contract, the term"small business concern"shall mean a small business as
defined pursuant to section 3 of the Small Business Act and relevant regulations
promulgated pursuant thereto. The term "small business concern owned and controlled by
socially and economically disadvantaged individuals" shall mean a small business concern
(1) which is at least 51 percent unconditionally owned by one or more socially and
economically disadvantaged individuals; or, In the case of any publicly owned business, at
least 51 per centum of the stock of which is unconditionally owned by one or more socially
and economically disadvantaged individuals;and(2)whose management and daily business
operations are controlled by one or more of such individuals. This term also means a small
business concern that is at least 51 percent uncondilionally owned by an economically
disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business
having at least 51 percent of its stock unconditionally owned by one of these entities which
has its management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the
requirements of 13 CFR 124. The Contractor shall presume that socially and economically
disadvantaged individuals Include Black Americans, Hispanic Americans, Native Americans,
Asian-Pacific Americans, Subcontinent Asian Americans, and other minorities, or any other
Individual found to be disadvantaged by the Administration pursuant to section 8(a) of the
Small Business Act. The Contractor shall presume that socially and economically
disadvantaged entities also include Indian Tribes and Native Hawaiian Organizations,
(d) The term "small business concerns owned and controlled by women" shall mean a small
business concern O which is at least 51percent owned by one or more women, or, In the
case of any publicly owned business, at lease 51 percent of the stock of which is owned by
one or more women, and (i) whose management and daily business operations are
controlled by one or more women;and
(e) Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as a small business concern, a small business concern owned and
controlled by socially and economically disadvantaged individuals or a small business
concern owned and controlled by women.
40. 52.218-9 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN(OCT 1995)
(Applies to leases which exceed 5500,000.)
a) This clause does not apply to small business concerns.
b) `Commercial product,"as used in this clause, means a product in regular production that is
sold in substantial quantities to the general public and/or industry at established catalog or
market prices. It also means a product which, In the opinion of the Contracting Officer,
differs only insignificantly from the Contractor's commercial product.
"Subcontract," as used In this clause, means any agreement (other than one involving an
employer-employee relationship) entered Into by a Federal Government prime Contractor or
subcontractor calling for supplies or services required for performance of the contract or
subcontract.
(c) The offeror, upon request by the Contracting officer, shall submit and negotiate a
subcontracting plan, where applicable, which separately addresses subcontracting with
small business concerns, with small disadvantaged business concerns and with
women-owned small business concerns. If the offeror is submitting an individual contract
plan,the plan must separately address subcontracting with small business concems, small
disadvantaged business concerns, and women-owned small business concerns with a
separate part for the basic contract and separate parts for each option(if any)
(d) The offerors subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for
the use of small business concerns, small disadvantaged business concerns and
women-owned small business concerns as subcontractors. The offeror shall include
all subcontracts that contribute to contract performance, and may Include a
proportionate share of products and services that are normally allocated as indirect
costs,
(2) A statement of--
(i. Total dollars planned to be subcontracted;
(ii) Total dollars planned to be subcontracted to small business concerns;
INITIALS' ( a
LE OR GOVERNMENT 51 GSA FORM 3517 PAGE 21(REV 4196)
Page 203 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(ii) Total dollars planned to be subcontracted to small disadvantaged business
concerns:and
(iv) Total dollars planned to be subcontracted to women-owned small business
concerns.
(3) A descrlpplion of the principal types of supplies and services to be subcontracted, and
an identification of the types planned for subcontracting to () small business
concerns, (i) small disadvantaged business concerns and (It) women-owned small
business concerns,
(4) A description of the method used to develop the subcontracting goals In paragraph
(d)(t)
of this clause.
(5) A description of the method used to Identify ppotential sources for solicitation purposes
(e.g, existin company source lists, the Procurement Automated Source System
(PASS] of the Small Business Administration, the National Minority Purchasing
Council Vendor Information Service, the Research and Information Division of the
Minority Business Development Agency In the Department of Commerce, or small,
small disadvantaged and women-owned small business concerns trade associations).
A firm may rely on the Information contained In PASS as an accurate representation
of a concem's size and ownership characteristics for purposes of maintaining a small
business source list. A firm may rely on PASS as a small business source list. Use
of the PASS as its source list does not relieve a firm of Its responsibilities (e.g.,
outreach, assistance, counseling, publicizing subcontracting opportunities) in this
clause.
(6) A statement as to whether or not the offeror included indirect costs In establishing
subcontracting goals, and a description of the method used to determine the
proportionate share of Indirect costs to be Incurred with O small business concerns,
(r) small disadvantaged business concerns, and (tl) women-owned small business
concerns.
(7) The name of the Individual employed by the offeror who will administer the offeror's
subcontracting program,and a description of the duties of the individual.
(8) A description of 1he efforts the offeror will make to assure that small, small
disadvantaged and women-owned small business concerns have an equitable
opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause In this contract entitled`Utilization
of Small, Small Disadvantaged and Women-Owned Small Business Concerns' in all
subcontracts that offer further subcontracting opportunities, and that the offeror will
require all subcontractors(except small business concerns)who receive subcontracts
in excess of $500,000 ($1,000,000 for construction of any public facility) to adopt a
plan similar to the plan agreed to by the offeror
(10) Assurances that the offeror willcooperate in any studies or surveys as may be
parts
required, (I)submit periodic reIn order to allow the Govemment to determine the
extent of compliance by the offeror with the subcontracting plan, (III)submit Standard
Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295,
Summary Subcontract Report, in accordance with the instructions on the forms, and
(iv)ensure that its subcontractors agree to submit Standard Forms 294 and 295.
(11) A recitation of the types of records ilia offeror will maintain to demonstrate procedures
that have been adopted to comply with the requirements and goals in the plan,
including establishing source lists; and a description of its efforts to locale small,small
disadvantaged and women-owned small iausiness concerns and award subcontracts
to them. The records shall include at least the following (on a plant-wide ar
company-wide basis,unless otherwise Indicated):
O Source lists (e.g., PASS), guides, and other data that Identify small, small
disadvantaged and women-owned small business concerns.
(ii) Organizations contacted In an attempt to locate sources that are small, small
disadvantaged or women-owned small business concerns.
(it) Records on each subcontract solicitation resulting in an award of more than
$100,000, indicating (A) whether small business concems were solicited and if
not, why not, (B) whether small disadvantaged business concerns were
solicited and if not, why not, C) whether women-owned small business
concerns were solicited and If not, why not, and (D) if applicable, the reason
award was not made to a small business concern.
(iv) Records
ve opsme t any
iganiizzations and(C)conte encesmand associations,
to locate small
small disadvantaged and women-owned small business sources.
(v) Records of Internal guidance and encouragement provided to buyers through
(A) workshops, seminars, training, etc., and (8) monitoring performance to
evaluate compliance with the program's requirements.
(v) On a contract-by-contract basis, records to support award data submitted by
the offeror to the Government, including the name, address, and business size
INITIALS: S
52
LEskbR G ENT GSA FORM 3517 PAGE 22(REV 4195)
17
Page 204 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
of each subcontractor. Contractors having company or division-wide annual
plans need not comply with this requirement.
(e) In order to effectively implement this plan to the extent consistent with efficient contract
performance,the Contractor shall perfgorm the following functions:
(1) Assist
ural ging slolicitatiotns,time forr the preparation of bids, qued and women-owned antitieall s,specifcations ss Sand
delivery schedules so as to facilitate the participation by such concems. Where the
Contractor's lists of potential small, small disadvantaged and women-owned small
business subcontractors are excessively long, reasonable efforts shall be made to
give all such small business concerns an opportunity to compete over a period of
IJme.
(2) Provide adequate and timely consideration of the potentialities of small, small
disadvantaged and women-owned small business concerns in all "make-or-buy"
decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small, small
disadvantaged and women-owned small business firms.
(4) Provide notice to subcontractors concerning penalties and remedies for
misrepresentations of business status as small, small disadvantaged or women-
owned small business for the purpose of obtaining a subcontract that is to be included
as pari or all of a goal contained in the Contractors subcontracting plan.
(f) A master subcontracting plan on a plant or division-wide basis which contains all the
elements required by(d) above,except goals, may be incorporated by reference as a part of
the subcontracting pian required of the offeror by this clause; provided, (1) the master plan
has been approved, (2) the offeror provides copies of the approved master pian and
evidence of its approval to the Contracting Officer,and (3)goals and any deviations from the
master plan deemed necessary by the Contracting Officer to satisfy the requirements of this
contract are set forth In the individual subcontracting plan.
(g) (1) If a commercial product is offered, the subcontracting plan required by this clause
may relate to the offerors production generally, for both commercial and
noncommercial products, rather than solely to the Government contract. In these
cases, the offeror shall, with the concurrence of the Contracting Officer, submit one
company-wide or division-wide annual plan.
(2) The annual plan shall be reviewed for approval by the agency awarding the offeror its
first prime contract requiring a subcontracting pian during the fiscal year, or by an
agency satisfactory to the Contracting Officer.
(3) The approved plan shall remain in effect during the offerors fiscal year for all of the
offeror's commercial products.
(h) Prior compliance of the offeror with other such subcontracting plans under previous
contracts will be considered by the Contracting Officer In determining the responsibility of
the offeror for award of the contract.
(1) The failure of the Contractor or subcontractor to comply In good faith with (1) the clause of
this contract entitled "Utilization of Small, Small Disadvantaged and Women-Owned Small
Business Concerns," or (2) an approved plan required by this clause, shall be a material
breach of the contract.
41. 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN(OCT 1995)
(a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this
clause, means a willful or intentional failure to perform In accordance with the requirements
of the subcontracting plan approved under the clause In this contract entitled "Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan," or willful of
Intentional action to frustrate the plan.
(b) If, at contract completion, or In the case of a commercial products plan, at the close of the
fiscal year for which the plan Is applicable, the Contractor has failed to meet its
subcontracting goals and the Contracting Officer decides in accordance with paragraph (c)
of this clause that the Contractor failed to make a good faith effort to comply with its
subcontracting plan, established in accordance with the clause in this contract entitled
`Small, Small Disadvantage and Women-Owned Small Business Subcontracting Plan," the
Contractor shall pay the Government liquidated damages in an amount slated. The amount
of probable damages attributable to the Contractor's failure to comply, shall be an amount
eq Ito the actual dollar amount by which the Contractor failed to achieve each subcontract
INITIALS: & 53
OR GO N GSA FORM 3517 PAGE 23(REV 4146)
Page 205 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ! . .
EXHIBIT D
goal or, in the case of a commercial products plan, that portion of the dollar amount
allocable to Government contracts by which the Contractor failed to achieve each
subcontract goal,
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make
such good faith effort, the Contracting Officer shall give the Contractor written notice
specifying
the failure and permitting the Contractor to demonstrate what good faith efforts have been
made. Failure to respond to the notice may be taken as an admission that no valid
explanation exists. If, after consideration of all the pertinent data, the Contracting Officer
finds that the Contractor failed to make a good faith effort to comply with the subcontracting
plan, the Contracting Officer shall issue a final decision to that effect and require that the
Contractor pay the Government liquidated damages as provided In paragraph (b) of this
clause.
(d) Wdh respect to commercial products plans; Le., company-wide or division-wide
subcontracting plans approved under paragraph W) of the clause In this contract entitled
"Small,Small Disadvantaged and Women-Owned mall Business Subcontracting Plan,"the
Contracting Officer of the agency that originally approved the plan will exercise the functions
of the Contracting Officer under this clause on behalf of all agencies that awarded contracts
covered by that commercial products plan.
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled
Disputes,from any final decision of the Contracting Officer.
(f) Liquidated damages shall be in addition to any other remedies that the Government may
have.
V,?P,
INITIALS: E
54
L oR Gov T GSA FORM 3517 PAGE 24(REV 4/96)
Page las of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
IEPR ESENTATIONS AND CERTIFICATIONS RFLP Number Dated
(Acquiiltion of Leasehold Interests In Real Property)
Complete appropriate boxes, sign the form, and attach to offer
The Offeror makes the following Representations and Certifications. NOTE., The `Offeror,"as used on this farm, Is the owner of the
property offered,not an individual or agent representing the owner.
1. 52.219-1 -SMALL BUSINESS PROGRAM REPRESENTATIONS(OCT 1995)(VARIATION)
(a) (1) The standard industrial classification(SIC)code for this acquisition Is 6515,
(2) The small business size standard applicable to this acquisition is average annual gross revenues of 515 mil on
or less for the preceding three fiscal years,
(b) Representations.
(1) The Offeror represents and certifies as part of its offer that it is, is not a small business concern.
(2) Complete only If offeror represented itself as a small business concern in block (b)(1) of this section) The
9fferor represents as part o!"Fifts offer that it[ ]is, ]is not a small disadvantaged business concern
(3) (Complete only if offeror represented itself as a small business concern In block (b)(1) of this section,', The
Offeror represents as part alrds offer that R I I is, ]Is not a women-owned small business concern
(a) Definitions. Small business concern, as use in thisrovision, means a concern. Including its affiliates, that Is
Independently owned and operated,not dominant in [he Reid of operation In which It is bidding an Government
contracts, and qualified as small business under the criteria In 13 CFR Part 121 and the size standard in paragraph
(a)of this provision.
Small disadvante
dged business concern,as use In this provision,means a small business concern that(1)is at least 51
43
percent uncondi onally owned by one or more Individuals who are both socially and economically disadvantaged, or a
publicly owned business havin at least 51 percent of Its stock unconditionally owned by an economically
disadvantaged Individuals, and(�has its management and daily business controlled by one or more such individuals
This term also means a small business concern that is at least 51rcent unconditionallyowned by an economically
disadvantaged Indian tribe or Native Hawaiian Organization, ora es, which
owned business iaving at least 51 percent of
its stock unconditionally owned by one or more of these entit as, w [ch has its management and daily business
controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which
meets the requirements of 113 CFR Part 12
Women-owned small business concern,as use in this provision,means a small business concern—
(1) Which is at least 51 percent owned by one or more women or, In the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one ore more women;and
(2) Whose management and daily business operations are controlled by one or more women,
(d) Notice,
(11) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then
the clause In this solicitation providing notice of the set-aside contains restrictions on the source of the end items
to be fumished,
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firms status as a small of small disadvantaged
business concern In order to obtain a contract be awarded under the preference pro rams established
(a)
pursuant to sections 8 , 8(d 9, or 15 of the Small Business Act or any other provision l Federal law that
specifically references section 1Jal
)for a definition of program ellgitiflity,shall—
()) Be punished by Imposition of fine,imprisonment,or bath„
(4) Be subject to administrative remedies,including suspension and debarment.and
(Iii) Be Ineligible for participation in programs conducted under the authority of the Act.
2. 62.204-5-WOMEN-OWNED BUSINESS(OCT 1996)
(a) Representation The Offeror represents that it I I is is not a women-owned business concern.
INITIAL&
LESGON GSA FORM 35I8 PAGE I(REV4W)
4bR VER
55
Page 207 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(b) Deriniijon, 'Women-owned business concern,"as used in this provision, means a concern which is at least 51 percent
owned by one or morw, or in the case of any publicly owned business, at least 51 percent of the stock of which is
owned by one or more women; and whose management and daily business operations are controlled by one or more
women.
3, 52 222-22,PREVIOUS CONTRACTS AND COMPLIANCE REPORTS(APR 1984)
The Offeror represents that—
(a) It I I has [ I has not participated In a previous contract or subcontract subject either to the Equal Opportunity clause of
this solicitation the clause originally contained in Section 310 of Executive Order No. 10925,or the clause contained in
Section 201 of Executive order No. 11114;
(b) It[ I has,[ I has not filed all required compliance reports;and
(c) Representations indicating submission of required compliance reports, signed byrocsed subcontractors, will be
obtained before subcontract awards (Approved by OMB under Control Number 121SP-0072.)
4. 52.222-25-AFFIRMATIVE ACTION COMPLIANCE(APR 1984)
The Offeror represents that—
(a)
hat—(a) ItJI has developed and has an rile,I I has not developed and does not have on file, at each establishment affirmative
action programs required by the rules and regulations at the Secretary of Labor(41 CFR 60-1 and 60-2),,or
(b) It( I has not he
had contracts subject to the written affirmative action pro rams requirement of the rules and
regulations I T
-9 ations of he Secretary of Labor, (Approved by OMB under Contra) 15-0072.)
5 52.222-21-CERTIFICATION OF NONSEGREGATED FACILITIES(APR 1984)
(a) Segregated facilities,*as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms,
"Segregated
and other eating areas, time clocks, locker rooms and other storage or dressing areas parking lots
drinking fountains, recreation or entertainment areas,transportation, and housing facilities provided for employees,thai
are sere ated b exiollcit directive or are In fact segregated on the basis of race, color, religion, or national ongin
1i
because I habit,by
custom, or otherwise.
(b) By the submission of this offer, the Offeror certifies that it does not and will not maintain or provide for its employees
any segregated facilities at any of Its establishments, and that it does not and will not permit its am loyeas to perform
their services at an location under its control where segregated facilities are maintained, The Me ror agrees that a
breach of this certi ation Is a violation of the Equal Opportunity clause In the contract.
(c) The Offeror further agrees that(except where it has obtained Identical certifications from proposed subcontractors for
specific time periods[it will--
(1) Obtain identical certifications from reposed subcontractors before the award of subcontracts under which the
subcontractor will he subject to the reposed
Opportunity clauseu
Retain the certifications in the riles; and
3 Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have
submitted identical certifications for specific time periods).
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED
FACILITIES.
Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor
will be sub act to the Equal Opportunity clause, The certification may be submitted either for each subcontract or for a(I
subcc is during a period(i.e.,quarterly,semiannually,or annually),
NOTE. The pens for makinValse statements in offers is prescribed in 18 U 5 C 1001,
(Approved by OMvunder Con of Number 1215-0072,)
6 562.2034-CONTINGENT FEE REPRESENTATION AND AGREEMENT(MAY 1989)
(Applies to leases which exceed$100,0110 average net annual rental, Including option periods.)
(a) Representation. The Offeror represents that, except for full-time bona fide emploass working solely for the Offeror or
bona fide established real estate agents or brokers maintained by the Offeror for le purpose of securing business,the
Offeror--
[Note:
(Note: The Offeror must check the appropriate boxes. For interpretation of the term"bona ride employee or agency,"'
sea paragraph(b)of the Covenant AgainstContingent Fees clause,I
(1) Has, I has not,employed or retained any company or persons to solicit or obtain this lease, and
INITIALS: 6aBa�
LESOFt GOVERNMENT GSA FORM 35I 8 PAGE 2(REV 4M)
se
Page 208 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT D
(2) Has, has not, paid or agreed to pay to any person or company employed or retained to solicit or obtain
this contract any commission,percentage, brokerage, or other fee contingent upon or resulting from the award
of this contract.
(b} Agreement. The Offeror agrees to provide information relating to the above Representation as requested by the
Contracting officer and, when subparagraph (a)(1) or (aX2) is answered affirmatively, to promptly submit to the
Contracting Officer—
(1}
(1} A completed Standard Form 119,Statement of Contingent or Other Fees,(SF 119);or
2 A signed statement indicating that the SF 119 was previously submitted to the same conttactin�office, including
the date and applicable solicitation or contract number, and representing that the prior SF 1 9 applies to this
offer or quotation..
7 52.203-02-CERTIFICATE OF INDEPENDENT PRICE DETERMINATION(APR 1985)
(Applies to leases which exceed $100,000 average net annual rental, Including option periods.)
(a) The Offeror certifies that—
(1) The prices In this offer have been arrived at Independently without, for the purpose of restricting competition,
any consultation, communication,or agreement with any other Offeror or competitor relating to(I)those prices,
(2) Wd)the intention to submit an offer,or(oil)the methods or factors used to calculate the prices offered;
es In this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly,to
any=Offeror or competitor before bid opening(in the case of a sealed bid WiCdafian)or contract award(in
the case of a notatlated solicitation)unless otherwise required by law,and
(3) No attempt has eon made or will be made by the Offeror to Induce any other concern to submit or not to
submit an offer for the purpose of restricting competition.
(b) Each signature on the offer Is considered to be a certification by the signatory that the signatory—
(1) Is the person in the Offeror's organization responsible for determining the prices being offered In this bid or
proposal, and that the slgnato� has not participated and will no participate In any action contrary to
subpars raphs(a)(1)through(a)( )above,or
(2) (1) Plas been authorized, in writing, to act as agent for the following principals in certifying that those
principals have not participated, and will not participate in any action contrary to subparagraphs (a)(11
through (a)(3 above [insert full name ol
person(s) in �Jhe Offerar's organization responsr a or a ermrn ng a pitccs offered In this bid or
proposal, and the title of his or her position In the Offeror's organization;
(it) As an authorized agent, does certify that the principals named In SLI above have not
Participated,and will participate, in any action contrary to subparagraphs(a I through(a)(3)above;
and
@i) As an agent, has notersonally�participated, and will not participate,In action contrary to subparagraphs
(al(l)through(a)(3)above.
(c) It the Offeror deletes or modifies subparagraph(a(2)above,the Offeror must furnish with its offer a signed statement
setting forth in detail the circumstances of the disclosure,
8- 62.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS(APR 1991)(DEVIATION)
(Applies to leases which exceed$100,000.)
(a) The definitions and prohibitions contained in the clause,at FAR 62.203-12 Limitation an Pa ments to Influence Certain
Federal Transactions,are hereby incorporated by reference in paragraph?b)of this certification.
(b) The offeror, by signing Its offer, hereby certifies to the best of his or her knowledge and belief that on or after
December 2'ife"M ip
(1) No F. mropriated funds have been paid or will be paid to any person for influencing or attempting to
Influence an o icer or employee of any agen%,a Member of Congress, an officer or employee of Congress. or
employee of a Member of Congress on is or her behalf in connection with the awarding of a contract
an em ?r
8 u n ' this
so"cif U0
from
to d n ad ed ds In ud profit
'uencin
a un
5 ether
a Federal
a a d n c' for
� 1,
M a fu (s or
re 5 0 a a a per on
(2) r' any
'10 'h than
I e an 1, r fee received under a covered Federal
n a have bean paid,
d. I ng or attempting to Influence an officer or
M paid,no any or "P
I c )h or
PIG Oe any n Y. a b employ of Congress, or an employee of a
I " 'of Co I Congress,
6 connection w ith
employee
m M y r 'I a age ' to behalf n , e n this
G
Member
e be Of Can ress on s OrDisclosure
on solicitation, the offeror shall complete and
submit,
bmit with
to 46 'r OMB standard
for �I_0 '1",, Lobby Activ*5 to the Contracting Officer; end
u or-h d wil 'lu - I ,I S la U,is of m I "dir" It, 'of I 'u c Iro , As at any tier and require that all
[3) Me include h ng this certification In
a, certify
b I n ct awa�
recipients of subcontract Word,�n"c",of 51 00'000 hall cart ly a d disclose accordingly,
(c) Submission of this certification and disclosure is a prerequisite for making or entering Into this contract Imposed by
section 1352, title 31, United States Code, Any person who makes an expenditure prohibited under this provision or
INITIALS;
LES R GoVERAMENT GSA FORM 3518 PAGE 3(REV 4M)
57
Page 209 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension is ...
AGENDA ITEM #2.b.
---- -------------
EXHIBIT D
who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a clW penalty
of not less than S10,000, and not more than$100,000, for each such failure.
9, 52.209-5 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS(MAR 1996)
(Applies to leases which exceed$100,000 average net annual rental, including option periods.}
(a) (1) The Offeror certifies,to the best of its knowledge and belief,that—
(ijhe Offeror and/or any of its Principals—
(A) Aral I are not I I presently debarred,suspended, proposed for debarment,or declared ineligible
for the award a contracts by any Federal agency!
t
�j 13) Have I I have not within a three-year period preceding this offer, been convicted of or had a
civil judgment rendered against them for. commission of fraud or a criminal offense In connection
with obtaining, attemplinp to obtain, or performing a public(Federal, State, or local) contract or
subcontract;violation of ederal or State antitrust statutes relatin to the submission of offers� or
commission of embezzlement, theft, forgery, bribery, falsificaplon or destruction of records,
making false statements,tax evasion, or receiving stolen property;and
(C) Are [ ] are not J presently Indicted for, or otherwise criminally or civilly charged b a
governmental entity 11h,commission of any of the offenses enumerated In subdivision(a)(I)%B)
of this provision,
(ii) The Offeror has J I has not[ within a three-year period preceding this offer,had one or more contracts
terminated for default by unyill-edaral.agency itn a
(2) "Principals," for the purposes of this carlifica Ion, means officers; directors; owners; partners; and, persons
having primary mane. ement or supervisory responsibilities within a business entity (a g., general manager,
plant manager, head Ola subsidiary,division,or business segment,and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES
AND THE MAKING OF A FALSE. FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER SECTION 1001,TITLE 18,UNITED STATES CODE.
(b) The Offeror shall provide Immediate written notice to the Contracting Officer If, at any time prior to contract award, the
Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances
(c) A certification that any of the dome in paragraph(a of this provision exists will not necessarilyresult in withholding of
an award under this solicitation. However,ge certilicaticon will be considered in connection with a determination of the
Offerors responsiblifFailure of the Offeror to furnish a certification or provide such additional information as
requested by the Contracting Officer may render the Offeror nonresponsible,
(d) Nothing contained mn the foregoing shall be construed to require establishment of a system of records in order to
render„ good faith,the certification required by paragraph(a)of this rovision. The knowledge and Information of an
Offeror is not required to exceed that which is normally possessed gy a prudent person In the ordinary course of
business dealings,
(a) The certification inaraWraph (a)of this provision is a material representation of fact upon which reliance was placed
when making award. If Is later determined that the Offeror knowingly rendered an erroneous certification, in addition
to other remedies available to the Government,the Contracting Officer may terminate the contract resulting from this
solicitation for default.
10 ASBESTOS REPRESENTATION(APR 1996)
The Offeror represents and certifies as part of its offer that the space offered for lease, Common building areas,, venIvation
systems and zones serving the space offered, and the area above suspended callings and engineering space in the same
ventilation zones as the space offered--
(a)
(a) [ ] Does, [ does not include asbestos-containing materials(ACM ACM as used in this provision Is defined as any
materials*ith a concentration Of renter than 1 percent by dry welg�i of asbestos.
(b) If any of the above areas include 0.please Indicate whether the materials are
2Mfriable [ I Yes )No
non-friable,In cod condition,and located In
a place where they
are not likely,to be disturbed
during the term o) any ensuing ease contract Yes No
(3) in a solid matrix, already in place,and in good condition Yes No
11. CERTIFICATION FOR PASTOR PRESENT HAZARDOUS WASTE OPERATIONS(NOV 1987)
To the best of his or her knowledge,the Offeror represents and certifies, as part of the offer that the site upon which space is
offered for lease to the Government--
(a)
(a) [ ]Was,[ ]was not a site used for any of the operations listed in item b below
INITIALS: V5a
LES GOVERNMENT GSA FORM 3518 PAGE 4(REV 4MJ
16W�fR
58
I
Page 210 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT
(b) Was a site used for any or ail of the following operations:
{1) ggeneration of h ardaus waste ( J Yes [ ]No
2 treatment,teporarylpermanent storage, or
dtsposat of sol€d or hazardous ste ( ]Yes [ )No
(3) store a of hazardous substances or
petro eu products Yes No
141 usedlwaste oil storage yr reclamation units Yes No
5 laboratory or rifle Tanggo Yes No
6 chemical anufacturinglstorage Yes No
7 military or Intelligence weapons
or ammunition training or tasting [ ,Yes [ i o
( I ordnance andlor weapons production..
storage„or handling [ ]Yes [ i o
(c) If any of the above operations ever occurred at the site,the Offeror certifies that appropriate cleanup or other action
[ I was,[ I was not performed in accordance with the local, state and Federal laws.
12, 52 223-5 ,CERTIFICATION REGARDING A DRUG-FREE WORKPLACE(JUL 1990)
(Applies to leases which exceed$100,000 average net annual rental,Including option periods}
(a) Deflnilions. As used in thisprovision,, Controlled substance"'means a controlled substance in schedules I througgh V of
section 202 of the Controlled Substances Act (21 U,S,C. 812) and as further defined in regulation at 21 CFR
1308,11.1308..15.
"Conviction"means a finding of uilt(including a plea of nolo contendere)or imposition of sentence, or both, by any Judicial
body charged with the responsib dy to dete Ino violations of the Federal or State criminal drug statutes
"Criminal drug statutes"means a Federal or non-Federat criminal statute involving the manufacture, distribution, dispensing,
possession or use of any controlled substance,
"Drug-free workplace" means the stte(s for the performance of work done by the Contractor in connection with a specific
contract at which employees of the ontractor are prohibited from engaging In the unlawful manufacture, distribution"
dispensing,possession,or use of a controlled substance.
"Employee"means an employyee of a Contractor directly engaged In the performance of work under a Government contract.
Directly engaged is defined to include all direct cost employees and any other Contractor employee who has other than a
minimal impact or Involvement in contract performance.
"Individual'means an Offeror/contractor that has no more than one employee including theOfferor/contractor
(b) yy submission of its offer, lite Offeror, if other than an individual, who is akin an offer that equals or exceeds
25,0 art
and agrees that, with respeot to all employees of the Offeror o be employed under a contract
resultln from this solicitation, that, no later than 30 calendar days after contract award (unless a longer period is
agreed o In writing}, for contracts of 30 calendar days or more performance duration, or as soon as possrhle, for
contracts of less than 30 calendar days performance duration, but in any case,by a date prior to when performance is
expected to be completed, it will-
(1) Publish a statement notifying Its employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be
taken a ainst employees for violations of such prohibition;
(2) Establis an ongoing drug-free awareness program to Inform such employees about-
i1 The dan ars of dru abuse In the work lace;
i The can ractor's o cy of maintaining rug-free workplace;
ii�] y available dru counseling,rehabilitation,and employee assistance programs;and
iv) The penalties the may be imposed upon employees for drug abuse violations occurring in the workplace
(3) Provide all emtoyees engaged In performance of the contract with a copy of a statement required by
sub ara raph( if 1)of this clause;
(4) Notf such employees In writing In the statement required by subpara raph(b)(1) of this provision that, as a
con dlon of continued employment on the contract resulting from this so citation,the employee will-
RAbide b the terms of the statement;and
} Notify a employer in writing of the em loyee's conviction under a criminal drug statute for a violation
occurring In the workplace no later than calendar days after such conviction;
( ) Notify the contracting officer in writing hin 10 calendar days after receiving notice under subdivision (b}(4f(ii�
of this provision from an employee or otherwise receiving actual notice of such conviction. The notice sff�ia I
Include the position and title of the employee;and
(6) Within 30 calendar days after receiving notice under subdivision (b)(4)(0)of This provision of a conviction, take
one of the following actions wish raseto any employee who Is convicted of a drug abuse violation occurring in
the workplace:
INITIALS;;
U01IR GO MET 99 GSA FORM 3516 PAGE 5(REV )
Page 211 of 266
Kodiak l riResearch r ( ) Lease ExtensionDisc...
AGENDA ITEM #2.b.
EXHIBIT D
i} T kin appropriate personae!action a ainst such employee,
and including termination;or
drug abuse
assistance
si5 tan C,or rehabilitation program
approved for sue purposes by a Federal, State, or local health law enforcement, or other appropriate
aa gen
(7) Make faith effort to maintain a drug-free workplace through implementation of subparagraph (b)(1)
through(90)(06)of this clause.
(c) By submission of its offer.the Offeror, if an individual who Is makin an offer of any dollar value, certifies and agrees
that the Offeror will not engage in the unlawful manufacture,distribuqon dispensing, possession, or use of a controlled
substance In the performance of this contract resulting from this solicitation.
(d) Failure of the Offeror to provide the certification r Ired bySaro graph (b� or(c)of this provision, renders the Offeror
unqualified and Ineligible for award. (See FAR 9.111XI(g)an 19. C 2)(i),.)
(a) In addition to other remedies available to the Government, the certification in paragraphs (b) or(cl of this provision
concerns a matter within the jurisdiction of an agency of the United States and the makin? of a alse, fictitious, or
fraudulent certification may render the maker subject to prosecution under Title 18,United Sta as Code,Section 1001,
13. 52.204-3-TAXPAYER IDENTIFICATION(SEP 1989)(VARIATION)
(a) The Offeror isrNluA''r ad to submit taxpayer identification information in order to comply with reporting requirements of 26
U.S.C.6041,6 , and 6 5M and Implementing regulations Issued by the Internal Revenue Service(IRS). Failure
or refusal by the Offeror to furnish the information may result in a 20 percent reduction of payments otherwise due
under the contract. Taxpayer information on the payee, if different from the offeror, is also required; however, it may
be provided at the time of award,
(b) Offeroes Taxpayer Identification Number(TIN).
[ ]TIN: TIN has been applied for. [ ]TIN is not required.
(c) Corporate Status.
I I corporation', Not a corporate entity; Sole proprietorship [ ]Partnership
(d) Common Parent.
"Common parent"as used In this solicitation provision,means that cororate entily that owns or controls an affiliated group of
corporations that files its Federal income tax returns on a consolidated sis, and of which the Offeror is a member
Offerar Is not owned or controlled by a common parent.
Name and TIN of common parent: Name TIN
(a) Payee's Taxpayer Identification Number.
[ J TIN: TIN has been applied for, TIN Is not required.
14, OFFS O ' DUNS NUMBER(APR 19969
Enter number,if known....................................................
OFFEROR OR Name and Address(including ZIP Code) Telephone Number
AUTHORIZED
REPRESENTATIVE
Signature fate
INITIAL&
LES�ibfl. GLEJRN�MEENT Bu GSA FORM 3518 PAGE 6(REV WN)
Page 212 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT E
All services, maintenance, and utilities as specified in the Lease Agreement.
Any displays approved by the Landlord in the public lobby of the facility, if any will not
cause or create any additional lease or rent obligations on the part of the Tenant. The
Landlord may remove the display at any time. Any equipment belonging to the Tenant
will remain the property of the Tenant.
UTILITIES. Landlord shall furnish, at its expense, the following utilities and services
for normal office and laboratory use of the lease premises:
(a) Electricity for normal lighting, air conditioning, and office and laboratory use,
[Special or additional electrical requirements shall be paid by Tenant]
(b) Heat, snow removal for common areas, and sewer and water based on
normal office use.
(c) Janitorial service for the leased premises on a five-day a week basis, and
periodic extgerlor window washing
(d) Refuse collection based on normal office use. Tenant shall provide at his
expense all other utilities and services used at the leased premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any
variation, interruption or failure of said utilities or services, arising from any cause,
condition or event; and no variation, interruption or failure of such utilities and services
incident to the making of repairs, alterations, or improvements, or arising from any
accident, strike, condition, cause or event in whole or part beyond the reasonable
control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any
obligation hereunder..
JANITORIAL SERVICES. Cleaning is to be performed after tenant working hours unless
daytime cleaning is specified as a special requirement elsewhere in this solicitation.
The Lessor shall maintain the leased premises, including outside areas in a clean
condition and shall provide supplies and equipment. The following schedule describes
the level of services intended. Performance will be based on the Contracting Officer's
evaluation of results, not the frequency or method of performance.
DAILY:
Empty trash receptacles and clean ashtrays. Sweep entrances, lobbies and
corridors. Spot sweep floors and spot vacuum carpets.. Clean drinking fountains.
Sweep and damp mop or scrub toilet rooms, Clean all toilet fixtures and replenish
toilet supplies. Dispose of all trash and garbage generated in or about the building.
Wash inside and out or steam clean cans used for collection of food remnants from
snack bars and vending machines. Dust horizontal surfaces that are readily
available and visibly require dusting. Spray buff resilient floors in main corridors,
entrances and lobbies, clean elevators and escalators, remove carpet stains.
Police sidewalks,, parking areas and driveways, Sweep loading dock areas and
platforms.
j
Page 213 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc.,.
AGENDA ITEM #2.b.
EXHIBIT E
THREE TIMES A WEEK:
Sweep or vacuum stairs.
WEEKLY:
Damp mop and spray buff all resilient floors in toilets and health units. Sweep
sidewalks, parking areas and driveways (weather permitting).
EVERY TWO WEEKS:
Spray buff resilient floors in secondary corridors, entrance and lobbies. Damp mop
and spray buff hard and resilient floors in office space.
MONTHLY
Thoroughly dust furniture, Completely sweep and/or vacuum carpets. Sweep
storage space. Spot clean all wall surfaces within 70 inches of the floor.
EVERY TWO MONTHS:
Damp wipe toilet wastepaper receptacles, stall partitions, doors, window sills and
frames. Shampoo entrance and elevator carpets.
THREE TIMES A YEAR:
Dust wall surfaces within 70 inches of the floor„ vertical surfaces and under
surfaces. Clean metal and marble surfaces in lobbies. Wet mop or scrub garages„
TWICE A YEAR:
Wash all interior and exterior windows and other glass surfaces. Strip and apply
four coats of finish to resilient floors in toilets. Strip and refinish main corridors and
other heavy traffic areas.
ANNUALLY;
Wash all venetian blinds and dust 6 months from washing. Vacuum or dust all
surfaces in the building of 70 inches from the floor, including light fixtures. Vacuum
all drapes in place. Strip and refinish floors in offices and secondary lobbies and
corridors. Shampoo carpets in corridors and lobbies. Clean balconies, ledges,
courts, areaways and flat roofs.
EVERY TWO YEARS:
Shampoo carpets in all offices and other non-public areas.
EVERY FIVE YEARS:
Dry clean or wash (as appropriate) all drapes.
AS REQUIRED:
Properly maintain plants and lawns, remove snow and ice from entrances, exterior
walks and parking lots of the building. Provide initial supply, installation and
replacement of light bulbs, tubes, ballasts and starters. Replace worn floor
coverings (this includes moving and return of furniture). Exterminate pests,
62
Page 214 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITE . .
EXHIBIT E
All services, maintenance, and utilities as specified in the Lease Agreement.
Any displays approved by the Landlord in the public lobby of the facility, if any will not
cause or create any additional lease or rent obligations on the part of the Tenant. The
Landlord may remove the display at any time. Any equipment belonging to the Tenant
will remain the property of the Tenant.
UTILITIES. Landlord shall furnish, at its expense, the following utilities and services for
normal office and laboratory use of the lease premises:
(a) Electricity for normal lighting, air conditioning, and office and laboratory use.
[Special or additional electrical requirements shall be paid by Tenant]
(b) Heat, snow removal for common areas, and sewer and water based on
normal office use.
(c) Janitorial service for the leased premises on a five-day a week basis, and
periodic exterior window washing.
(d) Refuse collection based on normal office use. Tenant shall provide at his
expense all other utilities and services used at the leased premises.
e) Filtered sea water for experimental research and public display will be
provided twenty four(24) hours a day, seven (7) days a week at the flow rate
designed for the system.
Landlord shall not be liable for any loss or damage caused by or resulting from any
variation, interruption or failure of said utilities or services, arising from any cause,
condition or event; and no variation, interruption or failure of such utilities and services
incident to the making of repairs, alterations, or improvements, or arising from any
accident, strike, condition, cause or event in whole or part beyond the reasonable
control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any
obligation hereunder.
JANITORIAL SERVICES. Cleaning is to be performed after tenant working hours unless
daytime cleaning is specified as a special requirement elsewhere in this solicitation.
The Lessor shall maintain the leased premises, including outside areas in a clean
condition and shall provide supplies and equipment, The following schedule describes
the level of services intended, Performance will be based on the Contracting Officer's
evaluation of results, not the frequency or method of performance.
DAILY:
Empty trash receptacles and clean ashtrays,. Sweep entrances, lobbies and
corridors. Spot sweep floors and spot vacuum carpets. Clean drinking fountains,
Sweep and damp mop or scrub toilet rooms. Clean all toilet fixtures and replenish
63
Page 215 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ! .
EXHIBIT E
All services, maintenance, and utilities as specified in the Lease Agreement.
Any displays approved by the Landlord in the public lobby of the facility, if any will not
cause or create any additional lease or rent obligations on the part of the Tenant. The
Landlord may remove the display at any timer Any equipment belonging to the Tenant
will remain the property of the Tenant,
UTILITIES. Landlord shall furnish, at its expense, the following utilities and services for
normal office and laboratory use of the lease premises;
(a) Electricity for normal lighting, air conditioning, and office and laboratory use.
[Special or additional electrical requirements shall be paid by Tenant]
(b) Heat, snow removal for common areas, and sewer and water based on
normal office use.
(c) Janitorial service for the leased premises on a five-day a week basis, and
periodic exterior window washing.
(d) Refuse collection based on normal office use. Tenant shall provide at his
expense all other utilities and services used at the leased premises.
e) Filtered sea water for experimental research and public display will be
provided twenty four(24) hours a day, seven (7) days a week at the flow rate
designed for the system.
Landlord shall not be liable for any loss or damage caused by or resulting from any
variation, interruption or failure of said utilities or services, arising from any cause,
condition or event; and no variation, interruption or failure of such utilities and services
incident to the making of repairs, alterations„ or improvements, or arising from any
accident, strike, condition, cause or event in whole or part beyond the reasonable
control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any
obligation hereunder.
JANITORIAL SERVICES. Cleaning is to be performed after tenant working hours unless
daytime cleaning is specified as a special requirement elsewhere in this solicitation.
The Lessor shall maintain the leased premises, including outside areas in a clean
condition and shall provide supplies and equipment.. The following schedule describes
the level of services intended. Performance will be based on the Contracting Officer's
evaluation of results, not the frequency or method of performance.
DAILY:
Empty trash receptacles and clean ashtrays, Sweep entrances, lobbies and
corridors. Spot sweep floors and spot vacuum carpets, Clean drinking fountains.
Sweep and damp mop or scrub toilet rooms. Clean all toilet fixtures and replenish
n
M
Page 216 of 266
Kodiak Fisheries Research Center (KFC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT E
toilet supplies. Dispose of all trash and garbage generated in or about the building,
Wash inside and out or steam clean cans used for collection of food remnants from
snack bars and vending machines. Dust horizontal surfaces that are readily
available and visibly require dusting. Spray buff resilient floors in main corridors,
entrances and lobbies, clean elevators and escalators, remove carpet stains. Police
sidewalks, parking areas and driveways. Sweep loading dock areas and platforms.
THREE TIMES A WEEK:
Sweep or vacuum stairs.
WEEKLY.
Damp mop and spray buff all resilient floors in toilets and health units. Sweep
sidewalks, parking areas and driveways (weather permitting).
EVERY TWO WEEKS:
Spray buff resilient floors in secondary corridors, entrance and lobbies. Damp mop
and spray buff hard and resilient floors in office space.
MONTHLY:
Thoroughly dust furniture. Completely sweep andlor vacuum carpets. Sweep
storage space. Spot clean all wall surfaces within 70 inches of the floor.
EVERY__ MONTHS:
Damp wipe toilet wastepaper receptacles, stall partitions, doors, window sills and
frames. Shampoo entrance and elevator carpets.
THREE_TIMES A YEAR.,
Dust wall surfaces within 70 inches of the floor, vertical surfaces and under
surfaces. Clean metal and marble surfaces in lobbies. Wet mop or scrub garages.
TWICE A YEAR.
Wash all interior and exterior windows and other glass surfaces. Strip and apply
four coats of finish to resilient floors in toilets. Strip and refinish main corridors and
other heavy traffic areas.
ANNUALLY:
Wash all venetian blinds and dust 6 months from washing. Vacuum or dust all
surfaces in the building of 70 inches from the floor, including light fixtures. Vacuum
all drapes in place. Strip and refinish floors in offices and secondary lobbies and
corridors, Shampoo carpets in corridors and lobbies. Clean balconies, ledges,
courts, areaways and flat roofs.
EVERY TWO YEARS:
Shampoo carpets in all offices and other non-public areas.
65
Page 217 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM .
EXHIBIT E
EVERY FIVE YEARS:
Dry cle an or wash (as appropriate) all drapes.
AS RE UtRED:
Properly maintain plants and lawns, remove snow and ice from entrances, exterior
walks and parking lots of the building. Provide initial supply, installation and
replacement of light bulbs, tubes, ballasts and starters. Replace worn floor
covedr-i gs (this includes moving and return of furniture). Exterminate pests.
RESPONSE TO EMERGENCIES:
The Lessor shall provide the Lessee with a primary contact and an alternate
contact(names and telephone numbers) to be available twenty four(24) hours a
day, scaven (7) days a week, in the event of an emergency. The Lessor shall take
necessary actions to contain or repair any situation the Lessee identifies as an
emergency. The Lessor shall make every reasonable effort to respond to
emergencies within thirty (30) minutes during regular working hours and within two
(2) hours during other than regular work hours.
o,
ss
Page 218 of 266
Kodiak Fisheries Research Center(KFC) Lease Extension Disc...
AGENDA IT . .
EXHIBIT F
MISCELLP ,NE®US LABOR CLAUSES
1, 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT--OVERTIME COMPENSATION (MAR 1986)
(a) Overtime requirements, No Contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics (see Federal Acquisition Regulation (FAR) 22200)
shall require or permit any such laborers or mechanics in any workweek in
which the individual is employed on such work to work in excess of 40
hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than 1 '/Z times the basic rate of pay for al#
hours worked in excess of 40 hours in such workweek.
(b) Violation; liability for unpaid wages, liquidated damages. In the event of
any violation of the provisions set forth in paragraph (a) of this clause, the
Contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages, in addition, such Contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violation of the
provisions set forth in paragraph (a) of this clause in the sum of $10 for
each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment of
the overtime wages required by provisions set forth in paragraph (a)of this
clause
(c) Withholding for unpaid wages and liquidated damages, The Contracting
Officer shall upon his or her own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by
the Contractor or subcontractor under any such contract or any other
Federal contract with the same Prime Contractor, or any other Federally-
assisted contract subject to the Contract Work Hours and Safety Standards
Act which is held by the same Prime Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the
provisions set forth in paragraph (b) of this clause.
o
67
Page 219 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM .
EXHIBIT F
(d) Payrolls and basic records.
(1) The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of contract work and shall preserve
them for a period of 3 years from the completion of the contract for all
laborers and mechanics working on the contract. Such records shall
contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and
weekly number of hours worked, deductions made„ and actual wages
paid. Nothing in this paragraph shall require the duplication of records
required to be maintained for construction work by Department of
Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon
Act.
(2) The records to be maintained under paragraph (d)(1) of this clause
shall be made available by the Contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of
the Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit such representatives to interview employees
during working hours on the job.
(e) Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the provisions set forth in paragraphs (a) through (e) of this
clause and also a clause requiring the subcontractors to include these
provisions in any lower tier subcontracts. The Prime Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the provisions set forth in paragraphs (a) through (e) of this clause.
2, 52.222-6 DAVIS-BACON ACT(NOV 1992)
(a) All laborers and mechanics employed or working upon the site of the work
will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rales not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the Contractor and such laborers and
mechanics, Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (d) of this clause; also,
regular contributions made or costs incurred for more than a weekly period
(but not fess often than quarterly) under plans, funds, or programs which
se
Page 220 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA !T . .
EXHIBIT F
cover the particular weekly period, are deemed to be constructively made
or incurred during such period. Such laborers and mechanics shall be paid
not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without
regard to skill, except as provided in the clause entitled Apprentices and
Trainees. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein; provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination
(including any additional classifications and wage rates conformed under
paragraph (b) of this clause) and the Davis-Bacon poster (WH-1321) shall
be posted at all times by the Contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen
by the workers.
(b) (1) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be
classified in conformance with the wage determination, The
Contracting Officer shall approve an additional classification and wage
rate and fringe benefits therefor only when all the following criteria have
been met:
(i) Except with respect to helpers, as defined in Section 22;.401 of the
Federal Acquisition Regulation, the work to be performed by the
classification requested is not performed by a classification in the
wage determination,
(ii) The classification is utilized in the area by the construction industry,
(iii) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(iv) With respect to helpers, such a classification prevails in the area in
which the work is performed,
(2) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting
Officer agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration,
US Department of Labor, Washington, DC 20210, The Administrator
69
Page 221 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
EDA I . .
EXHIBIT F
or an authorized representative will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.
(3) In the event the Contractor, 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
(including the amount designated for fringe benefits,, where
appropriate)„ the Contracting Officer shall refer the questions,, including
the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator of the Wage and Hour Division
for determination, The Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits„ where appropriate)
determined pursuant to subparagraphs (b)(2) and (b)(3) of this clause
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the
classihcatiom
(c) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as
an hourly rate, the Contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof,
(d) If the Contractor does not make payments to a trustee or other third
person, the Contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program; provided„ that the Secretary of
Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program,.
3. 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)
The Contracting Officer shall, upon his or her own action or upon written
request of an authorized representative of the Department of Labor„ withhold or
cause to be withheld from the Contractor under this contract or any other
Federal contract with the same Prime Contractor, or any other Federally
assisted contract subject to Davis-Bacon prevailing wage requirements, which
is held by the same Prime Contractor, so much of the accrued payments or
70
Page 222 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA
ITEM #2A
EXHIBIT F
advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or
hel per, employed or working on the site of the work, all or part of the wages
required by the contract, the Contracting Officer may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have
ceased.
4. 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)
(a) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of 3
years thereafter for all laborers and mechanics working at the site of the
work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made, and actual wages paid. Whenever the
Secretary of Labor has found, under paragraph (d) of the clause entitled
Davis-Bacon Act, that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is Financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits,
Contractors employing apprentices or trainees under approved programs
shall 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.
(b) (1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under paragraph (a) of
this clause. This information may be submitted in any form desired„
Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is
available for this purpose and may be purchased from the
Superintendent of Documents, U S Government Printing Office„
Washington, DC 20402. The Prime Contractor is responsible for the
submission of copies of payrolls by all subcontractors.
)bF ?l
Page 223 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
HI IT
(2) Each payroll submitted shall be accompanied by a "Statement of
Compliance,," signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify---,-
(i) That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause and
that such information is correct and complete„
(ii) That each laborer or mechanic (including each helper, apprentice,
and trainee)employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR Part
3; and
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance" required by
subparagraph (b)(2) of this clause.
(4) The falsification of any of the certifications in this clause may subject
the Contractor or subcontractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 3729 of Title 31 of the United
States Code.
(c) The Contractor or subcontractor shall make the records required under
paragraph (a) of this clause available for inspection, copying, or
transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or
subcontractor shall permit the Contracting Officer or representatives of the
Contracting Officer or the Department of Labor to interview employees
during working hours on the job. If the Contractor or subcontractor fails to
submit required records or to make them available, the Contracting Officer
may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment. Furthermore,
failure to submit the required records upon request or to make such
72
Page 224 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT F
records available may be grounds for debarment action pursuant to 29
CFR 5.12.
5. 52.222-9 APPRENTICES AND TRAINEES (FEB 1968)
(a) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a
State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 98 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice,
The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor
as to the entire work force under the registered program. Any worker listed
on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in this paragraph, shall be paid not less than the
applicable wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program. if the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed an the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of
an apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the
worts performed until an acceptable program is approved..
73
Page 225 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT F
(b) Trainees.. Except as provided in 29 CFR 5,16,, trainees wO not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate in the wage determination which provides for less than full fringe
benefits for apprentices.. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the
applicable wage rate in the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate in the wage determination
for the work actually performed. in the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will
no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(c) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this clause shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30,
6. 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB
1988)
The Contractor shall comply with the requirements of 29 CFR Part 3, which are
hereby incorporated by reference in this contract.
74
Page 226 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA I .
EXHIBIT F
7. 52222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988)
(a) The Contractor or subcontractor shall insert in any subcontracts the
clauses entitled Davis-Bacon Act Contract Work Hours and Safety
Standards Act—Overtime Compensation, Apprentices and Trainees,
Payrolls and Basic Records, Compliance with Copeland Act Requirements,
Withholding of Funds, Subcontracts (Labor Standards), Contract
Termination—Debarment, Disputes Concerning Labor Standards,
Compliance with Davis-Bacon and Related Act Regulations, and
Certification of Eligibility, and such other clauses as the Contracting Officer
may, by appropriate instructions, require, and also a clause requiring
subcontractors to include these clauses in any lower tier subcontracts. The
Prime Contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with all the contract clauses cited in this
paragraph.
(b) (1) Within 14 days after award of the contract, the Contractor shall deliver
to the Contracting Officer a completed Statement and Acknowledgment
Form ( F 1413) for each subcontract, including the subcontractor's
signed and dated acknowledgment that the clauses set forth in
paragraph (a) of this clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded
subcontract the Contractor shall deliver to the Contracting Officer an
updated completed SF 1413 for such additional subcontract.
8. 52.222-12 CONTRACT TERMINATION—DEBARMENT(FEB 1988)
A breach of the contract clauses entitled Davis-Bacon Act, Contract Work
Hours and Safety Standards Act--Overtime Compensation, Apprentices and
Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon
and Related Act Regulations, or Certification of Eligibility may be grounds for
termination of the contract, and for debarment as a Contractor and
subcontractor as provided in 29 CFR 5.12.
9. 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT
REGULATIONS (FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract.
75
Page 227 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA
I . .
EXHIBIT F
10. 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and
7 procedures for resolving disputes concerning labor standards requirements.
Such disputes shall be resolved in accordance with those procedures and not
the disputes clause of this contract. Disputes within the meaning of this clause
include disputes between the Contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor„ or the employees or their
representatives.
11. 52.222-15 CERTIFICATION OF ELIGIBILITY(FEB 1988)
(a) By entering into this contract, the Contractor certifies that neither it (nor he
or she) nor any person or firm who has an interest in the Contractor's firm
is a person or firm ineligible to be awarded Government contracts by virtue
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1),
(b) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a)of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U,S. Criminal
Code, 18 U.S.C, 1001
�m
� 76
Page 228 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT G
OPERATING COSTS
(a) Beginning with the second year of the lease and each year after, the Government shall pay
adjusted rent for changes in costs for cleaning services, supplies, materials, maintenance,
trash removal, landscaping, water, sewer charges, heating, electricity, and certain
administrative expenses attributable to occupancy. Applicable costs fisted on GSA Form
1217, Lessors Annual Cost Statement, when negotiated and agreed upon, will be used to
determine the base rate for operating costs adjustment. After the second year of occupancy,
the lessor shall submit a certified statement of actual operating expenses which will
determine the new base rate for escalation. After each successive 5 years of occupancy, the
lessor shall submit a certified statement of actual operating expenses which will determine
the new base rate if those applicable costs are more than the cumulative CPI increases for
the subject term. However, if the actual operating expenses are less than the CPI escalated
operating expenses, the Tenant shall receive a rental credit.
(b) The amount of adjustment will be determined by multiplying the base rate by the percent of
change in the Cost of Living Index. The percent change will be computed by comparing the
index figure published for the month prior to the lease commencement date with the index
figure published for the month which begins each successive 12-month period. For example,
a lease which commences in June of 1985 would use the index published for May of 1985
and that figure would be compared with the index published for May of 1986, May of 1987,
and so on, to determine the percent change. The Cost of Living Index will be measured by
the Anchorage revised Consumer Price Index for wage earners and clerical workers,
Payment will be made with the monthly installment of fixed rent. Rental adjustments will be
effective on the anniversary date of the lease. Payment of the adjusted rental rate will
become due on the first workday of the second month following the publication of the Cost of
Living Index for the month prior to the lease commencement date.
(c) If the Government exercises an option to extend the lease term at the same rate as that of
the original term, the option price will be based on the adjustment during the original term.
Annual adjustments will continue.
(d) In the event of any decreases in the Cost of Living Index occurring during the term of the
occupancy under the lease, the rental amount will be reduced accordingly. The amount of
such reductions will be determined in the same manner as increases in rent provided under
this clause.
The base for the annual operating cost adjustment i 543 944.
Page 229 of 266
Kodiak Fisheries Research Center (KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT H
PROJECT COSTS
NEAR ISLAND RESEARCH FACILITY
Revenue Expenses
$ 6,000,000 KIB $ 600,000 Site Work
3,000,000 State 15,600,000 Construction
465,000 Federal Grant 2,100,000 Architect
3,000,000 NOAH Cash 800,000 Administration
8,000,000 Revenue Bond 100,000 Equipment
235,000 Interest Earnings 1,500,000 Debt Service Reserve
(prepaid rent)
Total $20,700,000 Total $20,700,000
NEAR ISLAND RESEARCH FACILITY
Revenue Sources Expenses Categories
$ 863,358 1 L,
1,665,228 Housing Bldg. Construction
132,000 Housing Site Work
180,000 Housing Design
1,500,000 Debt Service Reserve
80,000 Housing Administration
$ 465,000 Federal Grant $ 16,2794,14 Net Laboratory Bldg. Cost
3,000,000 NOAA Cash
8,000,000 Revenue Bond $ 13,216,884 NOAA Share 81,2%
2,479,105 KIB Cash 725,221 NOAA Seawater Share 84%
$ 13,944,105 $ 13,994,105 TOTAL NOAA Share
Page 230 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT I
BASIC GUIDELINES
FOR
TELECOMMUNICATIONS NETWORK DISTRIBUTION
The new building premise distribution system will provide an infrastructure for both
voice and data distribution. This document is entirely in line with industry
recommendations for new building wiring,(Federal Standard 1090,;ANSI/EIA-568-1991
Federal Building Telecommunications Wring Standard), and ANSI X3T9 Fiber
Distributed Data Interface (FDDI) Standard). FFD-STD-1090 is mandatory in all
procurement for new installations in Federal Government buildings. Any deviations
from these standards could create maintenance and upgradability problems in the
future, and reduce the expected lifetime of the system.
The building will be wired for both a designed (future) capacity which is well above the
initial installed capacity. Lobbies will have public displays requiring network connection.
Meeting and conference rooms will need network drops for training, demonstrations,
and presentations. The number of planned network drops is based on number of
office's, and universal access in the building area.
Each drop or Standard Information Outlet(SIO) shall contain the following cabling-
1 Category 3 cable for voice
1 Category 5 cable for data
1 Multi-Mode Fiber cable with 2 fiber strands for data,
Detailed specifications for each of the cables mentioned will be provided at a later date.
Every office shall have a minimum of two(2)drops per office, open office areas that are
larger, 1 SIO shall be installed for every 100 square feet.
NOAH Telecommunications
Main Distribution Room (MDF)
Intermediate Distribution Room (IDF)
General Functional Requirements
The telecommunications closets required are a transition point between the
backbone and horizontal distribution pathways. The telecommunications closets
shall be able to contain telecommunications equipment, cable terminations, and
associated cross-connection wiring. Telecommunications closet space shall be
dedicated to the telecommunications function and related support facilities.
Telecommunications closet space should not be shared with electrical
installations other than those for telecommunications. This requirement
assumes the share use of telecommunications closet for the telecommunications
needs of all occupants of the building.
79
Page 231 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT I
General Building Provisioning
20' X 15' 300 sq. ft. if possible for main distribution room.
10' X 15' 150 sq. ft. if possible for IDF.
Distance between MDF and OF should not exceed 90 meters
IDF's should staked vertically.
Maximum run from OF to SIO should not exceed 150 ft.
Each OF should not serve more than 60 SIO's
Equipment to installed in IDF:
Telephone termination, Data terminations in patch panels, Local Area network
(LAN)equipment, UPS equipment if necessary.
All four walls should be covered with rigidly fixed '/, "A-C plywood, preferable
void free, (8-ft.) high, capable of supporting attached equipment.
Lighting shall be a minimum of 540 1x (50 foot candles) measured 3 ft. above
the finished floor, mounted 8.5 ft. above finished floor.
False ceiling shall not be provided.
Door shall be a minimum of 36 in wide and 80 in high, without doorsill, hinged to
open outward, and fitted with a lock. Walls, and ceiling shall be treated to
eliminate dust. Finishes shall be light in color to enhance room lighting.
A minimum of two dedicated 20 Amp Computer Grade duplex electrical outlets,
each on separate circuits, shall be provided for equipment power. In addition,
convenience duplex outlets shall be placed at 6 ft. intervals around the perimeter
walls, at a height of 18" above the floor. A 208 single phase circuit for UPS
power should also be made available, if building UPS power not available.
Access shall be available to the main building grounding electrode.
Closet Penetrations
Sleeves or slots through the closet floor should be adjacent to the door. Sleeves
or slots shall not be left open except during cable installation and shall be
property fire stopped per applicable codes. The number and size of sleeves,
slots or conduit shall be determined when final design concept is accepted.
Horizontal pathways are also closet penetrations and will be determined later.
Security and Fire Protection
Fire protection of the telecommunications closet, shall be provided as per
applicable code.
Page 232 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
EXHIBIT I
Environmental Considerations
HVAC shall be included in the design of the telecommunications closet to
maintain a temperature the same as the adjacent office area. Planning for
eventual provisioning, as required, of continuos HVAC (24 hours per day and
365 days per year) shall be included in the initial design. A positive pressure
shall be maintained with a minimum of one air change per hour. When active
devices are present a sufficient number of air changes should be provided to
dissipate the heat. The closet shall be free of water or drain pipes not directly
required in support of the equipment within the room. A floor drain shall be
provided within the room if risk of water ingress exits,.
e�
Page 233 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
-----------------------------
GWER"SEMCLS"MMMMAnON RffnMWffQAMdnLW BATE
PURUC BUTIMUS SERVICE NO I Augast 14, IM
SVPPLRMTAL LZMZ JL(;RZMMT TOLLUS M GS-108-M90
ADDRESS OF PREMISES
Nar Island Research Fadtity,Tw B of a poiflon of United States Smq 4947 acwrding to Plat No.8&20 in the
Kodink Racmiling District,Tidid Judicial DWdc4 Kodiak Ala*a 99615
THIS AGREEMENT,inade and entered into this date by and bewmen KODIAK ISLAND BOROUGH,A H
GOVERNMENT oRGANUED UNDERTHE LAWS OF THE STATE OF ALASKA.
whoseadilmssh 710 l5
hevinafter affied the Lessor,and the UNr=STATES OF AIAERICA,hereafter called the Government'
®the parties hereto"m to amend die above Lem.
NOW THEREFORE,these parties for the considerations heFdmdu mmWWA cWCoW NO Wee Owt the said
Lem is amewK effectift October 1,1 Wows:
Supplemental Lem Agreement SLA,Number I is to compensate the Leswr for V 80,000 in 1055 Of
interest earnings due to the delay in delivery of the$3,000,000 lump sum payment by the Lessee to pay
for special improvements requested by the tenant agency,NOAA,mid to replace$30,000 of the above
amount which was paid to General Services Adininistration as a processing fee. These amounts owing
total$210,000,wbich shall be amortized over the twenty years of the Lease at the sm Percent interest
rate that would have be=available to the Lessor at the time the entire amount was first promised,
which adds V B4O54 per year to the net rent. To accomplish this Exhibit B, Schedule of Annual Rent
Payments is amended for Net Rent for years I though 20 toe$774,054,which when added to the
$699,076 per year fbr Operational and Maintenance Expenses rmlts in a Total Base Rent of
S 1,473,130 per year.
All other tam and conditions or am lease dwi mmain in rorce and effect.
IN WHEREOF,the Partles subscrUmd their names as or the above dot.
LESSOR KODIAK ISLAND EOROUGK 13Y JEROME M.SEWY,MAYOR
DATE
(Sij
Signaftne)
IN PRESENCE OF -7 c) At 11-1-13A-t Ao
PA"e-P
' X-D'tj a& I+r- 9 76 vlekn�
(S-
A
-----
7TESBUNnw SUT
OF C Y; CoNrMCTING OFFICER
BY fnffir4a]Titirl
GSA Form M(Jul.67)
82
Page 234 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
GENERAL SERVJCES ADMINISTRATION AIMMUGMALAGREEXIM DATE
PUBLIC BUILDINGS SEttV10E NO 2
ToLwFmo GS-IOB-86090
ADDRESS OF PREMISES
710 Mill Bay R04 Kodiak.Alaska 99615-6398
THUS AGREEMENT,made and entered into this date by and between Kodiak Island Borough.
whose address is 710 Mill Bay Road,Kodiak,Alaska 99615-6396.
hereinafter called the Lessor,and the UNITED STATES OF AMERICA,hereafter called the Government:
WHEREAS,the parties berato desire to amend the above I.ease.
NOW TFIEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended,effective September 27.2007 as follows:
Supplemental Lease Agreement,SLA,Number 2 is to incorporate tenant improvements and to authorize commencement of
the project for the DOCINOAA/Natimml Marine Fisheries Service. Reference Number is ESOO10954 for payment of the
project.
Project: Electric service and concrete foundation for H trailer.Details of the cost proposal arc attached as E=hlbli A
1 of
The Lamar or their contractor shall furnish and install all material,equipment and labor necawary to perfam the alterations
to complete the project listed above based an mutually approved plans,budgets and schedules. The Government will make
payment to the Lessor for the entire cost of the project after completion,inspection and final acceptance within thirty(30)
days of the Governments receipt of the Lessor's itemized invoice, It is agreed that the Lessor waives any and all rights of
restoration against the Government at the expiration of the lease term concerning the alterations completed with this
Supplemental Lease Agreement. The Lessor will complete this project at a coat of$40,606.50
The invoice for this project should include the appropriate reference number and must be sent directly to GSAFinance
Department whose address is:
General Service Administration A courtesy copy must also be sent to:
FTS&PBS Payment Division(7BCP) 222 West 7i6 Ave,#5
P.Q.Box 1711 Anchorage,Alaska 99513
Fart Worth,Taus 76102-0181
LESSOR BY y o
44T
IN PRESENCE OF (Si '`• G} e)
Si lure) (Address)
UNITED STATES OF AMERICA
CTING OFFICER
BY SERMES ADMINISTRATION
(Simlure) (Official Title)
GSA Form 276(Jul.67)
83
Page 235 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
bt:r-er-euui mu luau! Hn ltlti Mi/eflu aur 488 asa4 P. iii'
MIBI ' A
Kodiak Fisheries Research Center
HazMat Cabinet Foundation and Associated 'Work
Scope of Work R?%t'RRt Ej
Contractor is to provide aII labor,material seed equipment to complete the following
work.
Concrete Pad- $9,7A0
Level the existing area to form a 28'x 15'snot rock pad at the location shown on
the attached site plan. Add 6"of compacted D-1 for leveling and place a 4 mil
visqueen vapor barrier.
Construct a 26'x 12'x 8"concrete pad for HazMat Cabinet. ConCrete to be 4000
Psi with No.4 rabar 12 inches on canter each way. Install%"x 6"embedded
galvani2ed anchor bolts to secure cabinet.
Power Upgrade on Wag Side of Building- $17,000
Provide and install a new 75 kvA transformer and 200 amp electrical panel at the
location shown on the attached sits plan.
Transfotmcr to be mounted on concrete housekeeping pad. Provide Zea 4"
diameter steel bollards in front of transformer for protection. Bollards ass to be
filled with concrete and painted safety yellow.
All work shall meat NEC.
Electrical lower to HaZWt Cabinet- $6,750
Provide electrical power to Hazbbt Cabinet from new 200 amp power panel.
Panel must have a,n$in breaker for 120/208 voltage. Include approximately 50 if
of conduit between cabinet and new panel,asphalt cutting/patching,excavation
and backfill. Provide grounding for electrical panel and,cabinet to rebar.
Relocate HaAW Cabinet to New Foundation- $1,000
Engineering/CM- 52,000
Building Permlt- $55o
Electrical Permit- $75
Testing- $3M
Lesser Fee 0 10% - $3,6911.50
Total Esthuated Project Cost-$40,606.50
1!#t{1Z1ALg��.
84
Page 236 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITE . .
GEPMRAL SERVICES ADIY@FIsfRATIaN vm�
I'lmual#utitlIN08SERVICH NO 3 __
moan Ho.GS-10H-06090
.,, ,,. m �, ,�,,.,.,�.,,,.�mnnnnnnnnnm,.,,..,,�.,
ADDRESS OF PREMISES
710 Min BAV Road Kodiak-,Alaska 99615-6398
THIS AGREEMENT,made and entered into this date by and between Kodiak Island Borough.
ii hose address is 710 Mill Bay Road,Kodiak,Alaska 99615-6398.
hereinafter called the Lessor,and the UNITED STATES OF AMERICA,hereafter caned the Government:
WHEREAS,the parties hereto desire to amend the above Lease.
NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended,effectiveAuamst 7.21#08 as follows:
Supplemental Lease Agreemmi,SLA,Number 3 is to cancel SLA Number 2 in its entirety due to project cast reduction
and to authorize payment of the project for the DODWOAA/National Marine Fisheries Service. Reference Number is
P50410MS4 for payment of the project.
Pmjoct:Electric service and concrete foundation for Haimal trailer.Details of the cast proposal are attached as Ezhlhit A.
The Lessor or their contractor shall famish and install all material,equipment and labor nccessasy to perfom the
alterations to complete the project listed above based on mutually approved plans„budgets and schedules. The
Govcrument will make payment to the Lesser for the entire cost of the project allor compktion,inspection and final
acceptance within thirty(30)days of the Governments remipi of the Lessor's itemized invoice, It is agreed that the lessor
waives any and all rights of restoration against the Government at the expiration orthc lease term concerning the
alterations completed with this Supplemental Lease Agreement. The Lessor will complete this project at a cost of
$26,762-50.
The immice for this project should include the appropriate reference number and must be scat dincctly to OSAF U==
Department whose address is:
General Service Administration A courtesy copy must also be sent to:
FPS&PHS Payment Division(70CP) 222 West 7'b Ave,#5
P.O.Box 1718 Anchomge,Alaska 99513
Fart Worth,Texas 76102-0181
i
LESSOR BY i
r
( lure) C ilk
INP PO
........ � cow__... ......._,�- __
._,-
d
A S AMERICA �m.mm,.
� � CTING OFFICER.
H5 ER1I° jN
(5k- time t]fficiai Tiq
in 276(Jul.67)
I
Page 237 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
6 �
SUPPLEMENTAL LEASE
.� .,�._.. n .«.. ._ .... . .. .... ..
TAL
01
0 It
®i0 0 of
ESS®F P 1 �,,. _ .... .... ... _. . ...
1 Research Court,Kodiak,AK 1 ... A I 331� ... .................°.,,,,,,,,,,,,,,,,,,,,.,..,,,,,,°.,,,,, . ,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,, .....,,,,,,.......................,,,,
.....i u made and entered into this date
by and be en Isla oro (KID),
whoseaddress is 710 Mill Bay Road,Kodiak,AK 99615
hereinafter called the Lessor, and STATES { ,hereinafter called the Government
WHEREAS, a parties hereto desire to amen the above Lease
NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease in
ended effective Jame 3 012 as followw
Supplemental Lea Agreement (SLA)No.4 Is Issued Is issued to incorporate the scope of work and pricing Information for the
design work for the proposed alterations for the'Kodiak Fisheries Research Center( )Seawater Chiller and Energy
Improvement Project” The Lessor or their cola (s)shall furnish and install alt material,equipment and labor
complete the design for the proposed alteration based on mutually approved budgets and schedules,
Details of the cost proposal and statement of work as are attached as folkw&KIDdesign cost proposal isaftched as Egbtfl 1
(10 Pages),Technical Requirements(7 es)attached as KFRC SeawaterChiller VardilaWn Modification drawings
( )attached as fkkn, KFRC Proposed VentflaWn Rates(5 pages)attached s i ® Seawater Chilling System
drawings(2 pages)as hi it
Deskin deliverables Co be two design packages, Phase 1 m Ventflation System od' t° n and Phe 2 Seawater Chiller
System. Each package is to be prepared and organizedfor two distinct and separate future res ct-on contracts. Each
package is to Include comprehensive construction design drawings, specificaWns, schematics, cost estimates, and
comatissionIng plans,as Ind cated in the attached exhibits.ready For ct contract lici tions advertising
Upon execution the Goverrment, this Supplemental Lease Agreement serves as a Notice to Proceed for the total costs of
design$181,307.00.Design 50 percent documents to be completed within 90 days or this SLA, Following a 21-day government
review period, 100 percent design to be completed within 90 days. Following a 21-day review parod, renal design to be
completed within 30 days, Following a 110-day government rev ew,all Final design edb to be compleled within 14 days.
Upon complet on, Inspechon,and acceptance the d fgn deliverables by the GSA contracting cera the Govemment will
reimburse the Lessor for each phase,, Reimbursement for all items will occur within 30 days of the Govemmenri;recellpt of the
Lessors Itemized Invoices. The Lessor ust submit nvoices electronically . nce.e v and to the Lease
Administration Manager at pr .larsongThe invoice(s)must include
Page 2
IN F,the parties hereto have hereunto subscribed their names as or the date first above written
Ln?P-Kodiak Island Borough
F ® ® BF ,
® l�, e°al
t
7170
Aixt hil MAV, <® _
U
S T fFOF R
LIII Ll,DikSI
SKA
F t QGSA FOM 272 S 6I
86
Page 238 f 266
Kodiak r ri Center Extension is„®
AGENDA ITEM #2.b.
SUPPLEMENTAL LEASE AGREEMENT Page 2
The Invoice(s)mu5t indude,
• Lease number GS-1 09
• Bul'dmg address 301 Research Court,Kodiak,AK 99615
• Payment reference number PS0023802
■ Lessor name and address as shown on the lease
Itemization of the products or serv;ces provided
11 the invoice is not Submitted cn company letterhead,ft person(s)with who the Lease contract is made must sign It.
11 the Lessor cannot submit documents electrionically,, and cooeis must be sent to
Original Documents Copies
GSA Greater Southwest Finance Center GSA Northern Service Center
Atim POS.Payments Branch(BCFA) Alln.Lease AdmJnislralion Manager
P.0 Box 17181 22-2 W P Avenue,Room 151
Foil Worth,TX 76102 Anchorage,AK D9513
A.t other lerms and conditions remain in full force and effect
HnAtS
r
LESSOR GOVT
SAF 276 MV,IV2=}BACK
87
Page 239 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
GENERAL SERVICES ADMINISTRATION LEASE AMENDMENT NO.6
PUBLIC BUILDINGS SERVICE
LEASE AMENDMENT TO LEASE NO.G94t8-VW90 131-00 NO.AK3331
PDN NO.P80027044
ADDRESS OF PREMISES
Kodiak Island.710 Mill Bay Road,Kodiak,AK 99615-6340
THIS AGREEMENT.made and entered Into this dale by and between Kodiak Island Borough(KIB)
Whose address Is 710 Mill Bay Road,Kodiak,AK 99915-8398
hereinafter caped the Lessor,and the UNITED STATES OF AMERICA,hereinafter called the Government
WHEREAS,the parties hereto desire to amend the above Lease 10 order firm fixed price tenant improvements.
NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said lease is
amended,effective November 20,2013,as follows:
L_egle Amendment") Number 5 Is issued to Incorporate the specifications for Phase 1 Ventilation Modifications
portion or the'Kodiak Flshedes research Center(KFRC)Seawater Chiller and Energy Improvement Project'.The
specifications(517 pages)and the drawings(32 pages)are incorporated Into the lease by reference. Both parties
acknowledge they have received a copy of the specifications and drawings. The Lessor or their contraclor(s)shall
fumish and install all material,equipment and labor necessary to complete the alterations for the pn4ect basad on
mutually approved plans,budgets and schedulas. The Government will pay 5640,000.00 In a lump sum with the remaining
costs borne by the Lessor.
WIC The Lessor shall warranty the tenant hmprwaments for one year and shah maintain the tenant improvements In
accordance with Standard Farm 2 GS-100-08080 with I ease Amendments i through 5,and GSA Form 3517 General Clauses.
Re-staratign: The Lessor waives any and all rights of restoration against the Government concerning the tenant
Improvements completed with this Lease Amendment.At the Lessors expense,the Lessor shall restore to original condition
anything damaged by the work performed.
Site CondrHons:The lessor shall maintain warkalle conditions in accordance with Lease Amendment Number 5 and
standard OSHA requirements.The Lessor shall prevent Injuries to Individuals conducting business In and adjacent to
the work area.
AcceoWM%The lessor shall request a final Inspection upon pm]eet completion.Upon receipt or the request,an appointed
GSA Contracting Officer Representative shall Inspect the workshe within 14 calendar days and shall inform the Lessor
of acceptance of the tenant Improvements or actions required to gain acceptance.The Lessor shall fumish contractor
and Inspection reports, as-built drawings, permits, and all other applicable dellverables upon written notice of the
Government's acceptance of the tenant improvements.
cant.on Page Z
IN WITNESS WHEREOF,the parties subscribed their names as of the below dale.
FORTWESPOR. FOR THE GO ERNMENT:
Slgnal7e Signature:
Name: Charles E C Name: r i +
Title: Borough Manager In Title:Lease Contracting Officer
Entity Name: Wisk Island O 4 Entity Name:GSA,Public Building Service
Date O Date: Q" -
WITNESS TH L G7
Signature: 2 Title:
Name: Dale•
Page 1 of 2 Lease Amendment Form 07112
as
Page 240 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
. .
e .a
E)—
r
rn
a ^r
O
z a � �
p
pew u
7
i
d
M
Page 241 of 266
Kodiak Fisheries Research Center( ) Lease ExtensionDisc...
AGENDA ITEM#2.b.
a = R
u
PQ
cc
r
µ.Vi.
b
Ne � Y
rm
u°W
z a
r
o. �K
Page 242 of 266
Kodiak ish rie Research Center( ) Lease ExtensionDisc...
AGENDA ITEM #2A
Inspection
....,.........
93
Agony
WFted: Cb NDAA : Robert Fpw
��
Burssu Code.
11314 #"MFteuna: iGodlak Island
�Inspecdon Type Apeney contact
�,. 1limual I mo+ EmaO
mberLkjW�
® rt FidanK
n K-amall"tWonS
Robert. I s y
W9ngID �AK3331
For each statement,Indicate one of the totiowing:
l C
yy ryry . qi M ed staeand Nobserved.
�
De enq � of" is, othe �Iw in comments section,
.,
Unable to w+erstatemant
A. Extorter,Grounds,Po ft Lot and Lobby
The exterior of the building.vAndowsthames are in good condition. Roullng appears In place;no
missing shl I pes;no soiled.cracked or damaged ps needing Int or repair. Entry doom
t 00( n®no damage;no brokepicrackedglass;overhead fights Intact Handicapped door
evallablaNuncknol. Garbage cans/cIgarette receptaclesavailable and dean. Overall
e m Is t run
Parking Lot Identhleation/striping/numbers am dear. Parking bumpers are in pllaca
2 OIC Landscaping"=
s intain a y,f ofd s. tl e a physically Intactt
IN dura da ht rs.
3 Olt. Sidewalks,steps,ramps,drives and pwMng areas are free korn snow,lee or other debris.
Directional Wanag2 is readobkdad unto.
4 0K Main lobby1pubfic areas of building have dean,ung red floors/carpeting. Trash cans available
and dean. Into s na a readableiredeguate.
B. Callings.Floars.Web,Wiladows wall DDOM
1 CA, Calling fit not stain ken or mlssipg.
2 UIK; Light fixtures ;lenses not cracked,broken or missing. BulbsitubesIn
3 OIK Li h fing levels were measured.meetinglease requirements of bel Loot candlet.
Lease
Foot ul ant Na
O7FIom
OKr t in i n i m d a s.
OR the In r or miss) GICII a is rel fastened a N•nom s° i .
01( Weis In 92gd condition- holes or slorev natchino.
a 01K Paint is not pealing. I or mismatched;not too badly soiled for cleaning,
011Wag cowet torn,stained,nor pedng from the surface-,repalm mat
10 till( Electrical outlets appear to be In working order ispot checked).
11 OK DraM in Itears, I home,
12 CK Windows a draris.
13 tillWirickm Inds n n d I a blades are bent tapes e s are
damaged. Solar film Intal no team,holes or missing sections.
Doom
14 K in condition;dean,open,dose,and latch properly without scraping the me;
not
15c �' are Intact and easily operable.
1
Page 243 of 266
Kodiak iResearch r(KFRC) Lease Extensionis ...
AGENDA ITEM #2.b.
C. Bradik pbommatchan
Sink In good condition;hot&cold water provided.(hucet has an aerator,not dripping,nor badly
womr. Sink Is not stained,chipped.dented,nor badly wom. Back splash Is dean,not spotted.
Towel dispenser woddqg&stocked. Trash can dean.
2 Ejjl( Floor Olefcarpat dean;no spots1stain aftansimissing places. Cupboards and counter to dean;
hardware Intact. No 9!gns of MI Infestation.
3 OK Calling tiles and lighting In good condition. Nom tiles:light lenses. SprInIder heads Intact.
Ovorall condition dean.
D. Pjwbwxm
Sinks are In good condMon. Faucets provide hot and cold water,securely fastened;not looking.
I OK The faucets have aerators;not dripping,nor badly wom. Exposed piping for handicapped sink
properly wrapped.
2 OK Toilets In good condition,can be flushed;not leakina nor running. The seatilollet bowl unbroken
and securely fastened to Its fixture.WWI or floor. T"paper holder secured;not damaged.
3 OK Soap,paper and sanitary napkin dispensers are in working coialition and supplied.
1 4 1 OK IThe toilet room floor and 04ures am dean and uncracked.
(X kdqguate supgles of hand soa
E Periodic Work
I NJA The Lower hasp a Schedule of Pe is Services.as required by the loam.paragraph
� This Schedule Includes the date(monthlyear)that each task Is requireplan ed,
............... I
7 .Deficiencies for Need from Lemr.
Schedule of Services
Task Comments
'M
"af, ....
Wndow washin ........
W, toilet Mon&or aW-
-a mats eMranca,F,,,w
g ...... .......................
4.h d
Insert and rodent control Ihll
S
Sh
and
Sh*Tj"other offiER meta
7W
J�Cl..nln to�b.d-.�4�
_daye hours Not Verified.
................... .. ..................
....... .........
Tog
con"Mon lNexIduadeftan (NEW)Datskid #eM Next dLo
recorck mewd-
To---
ftA
;Carpet replacamm Wr .�mpoo
,#emerd:
L`arpWt7AWim—p;;7..... ... ......-"
LoLwr-last knii:wrii
data waks Aug 15,
lIsla �.II'12
,- .. n
n-d&
- ," a........ N
Window wBSwnraquimMan: TBD
— --—--------
a year
F.OMm and Corridors-Daily Cleartingi
1 101, Trash cans not overflowing;appear to be emptied daily,appearance at one working day's
accumulation.
2 OI K Main noor traft areas dean:show onIX an accumulated dpys worth of dl!t dust and debris.
3 (YK Ca at noof a undean aver a one weak &d.
4 (31K Horivmtel furniture sudsces,=1ir ralls!ductless or less dust gran Ilt up In one week.
2
Page 244 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
or,, rinng fountain spigots have no soUlme sits;wants not dusty,unit noda e;
basin dean°water pressure adegualle..
G.Sol*wal Envilronanontal
1 Yea Tenant agency has an Occupant argency Plan.
2 IIWA Lessor has documented Operations and Maintenancean for Asbestos ContainingBuilding
atedals makdananceiremoval.
3 101K Tenant agency not engaged in unsafe work ;permanent use of extension cards,
Improper storage of chemicals or eWstainvell e;other.
l ! t engaged in un re practices,permanent u of extension ,improper
storage of chemicals cWt/stakwall blockage: use of agency space for personal storage.
5 IIWA Deficient items from last Safety and EnvironrnenW Inspection have been corrocla&
a 10K Mrs extinguishers are wellmounted;Inspection tags current(a ).
7 IIWA Battery pack emergencylighting appears effective(spot checks).
01K EYJI signs are Illuminated for
PAPA Emergency elevator telephone tested to reach operator
10 gilt' Elevator Inspection certificate posted¤t.
i1 rtl' oiler eration oonflicale posted 6 current.
H.
ttld a HVAC system ns are quiet and operatingproperty, Temperatures are consistent
throughoutspa areasnoticeably warmer or der an balanceof the area.
.._... ,� m „,..........
2 GANG The temperature settintialactual temperatures within guidelines.
3 LING The HVAC system operates during the agerm7i s oHidal working hours.
Matat readings were taken for GSA contracied utllitles only. They are abovelbelaw the readings given on Bre most recent
Invoices,
ea .ifrg eadli
Rear9Vllt r e �. � �W
I.WoetieneoudAddidand Comments
F
1,clink to Inspection tow.
3
Page 245
of 266
Kodiak r ( i is ...
AGENDA ITEM #2.b.
Odw q:U'uuUwEm iiu,nl a ianw nllVa,wam. IIII mumW n nue ananKmfi nan and me;Ipainsheenmss belheeean e„pemmcy and Illea em
Canunwdz: mm alllnimUemroami na e mellUuaumeentallare Ulsim of Ilirnllleaaunaill Vninwwn;U F'mAlllh Maumiagawnm°nn inIll usoll munnnw Ili„e[hip bn,winchiumnru.it Uw
8101 N U!S�adiir idomB�V am U Ilauu&UwUllurm��.
4
Page 246 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Lease Inspection Form
Noteo elta performed 4
1 HVAC installaon in 20
d
project.
1ec t..
Inspection m
Lease Number. L4K06090 Date u
it 9�2015,,
Agency
Agency Visited CD NOAH 'Representative Robert Foy
Agency Bureau Code: 1314 Building l.
Hame: 'Kodiak Island
Inspection Type: 'Annual Inspection Agency Contact-robert.foy®nvaa.gov
Email:
GSA Repres� , d'" ..
entative: David Vogel Lessor POC: Kareltksn Short
GSA Contact Email: David.Vogel@gsa.gov
... , ,., � ,
Building ID: AK3331
W ... .... . .............
For each statement,
Indicate one of the fallowing:
K, .... Carie
ctly describes the condition observed.
ID mm .Deficiencynoted provide briefer explanation.f ....
.. of the deficiency/condition in comments sectio,
Non applicable statement.
� II 'V Unable to verify statement.
,
A. Exterior.Grounds,Parking Lot and Lobby
The exterior of the building,windowslframes are in good condition.. Roofing appears In
1 C place;no missing shinglesitiles,no soiled,cracked or damaged walls needing paint or
repair. Entry doors clean;no damage;no brokerdcraclked glass;overhead lights intact.
Handicapped door available/functional. Garbage cans/dgarette receptacles available and
clean. Overall appearance is not run down.
Parking Lot identificationtstripinglnumbers are dear. Parking bumpers are in place.
2 ili Landscaping is maintained and healthy„free of debris.. Lightingllenses are physically
intact;not lit during daylight hours.
3 K Sidewalks,steps,,ramps,,drives and parking areas are free from snow,ice or other debris.
'Directional signage Is readableladequale. _
'Main lobby public areas of build°ng have dean„unliered floorslcareting. Trashh cans i�Kavailabland dean. Interior slna a readablelade uate,e
B. Collings,Floor,Wells,Windows and Doors
Ceilings
1 i ili iCeilmg tiles not stained,cracked„broken or missing,
2 CII Light fudures working;lenses not cracked,broken or missing, Bulbsitubes in place
....
3 ill Lighting levels were measured„meeting lease requirements of(see below)fool candles,
r' 4e " 3 requirement
Floors
.
R i ill a
Carpet inood condition,without rips tears stains badly wom areas.
g m. ....m,
'Floor Ille in
od
tion,without
e 01 Cave base sosecurelylfastened to the wall;cracked or se tyles
,.m .��Q
no missing sections;colors matching,
Walls
7 01 Walls in good condition„no holes or sloppy patching.
0
OK Paint is not peeling,flaking or mismatched;not too badly soiled for cleaning
9 0 Wall covering not tom,stained„nor peeling from the surface,repairs match.
T 14 � iH Electrical outlets a ear
pp to be in working order(spot checked).
Page 247 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
Windows
11 ll< Drapes in good condition;without tears,sagging hems,missing hookstpanels.
rap _ _. , , m.,. _..,.,.,
12 I°t Windows are without cracksiholeslno drafts.
13 t."�li Window blinds can be opened,dosed and tilted. The blades are not bent;tapes and
holes or
missing sections.
..�. . r� co s are no damagedoar m intact,no tears m .... .... ....
boors
Doo
14 i i+ m in good condition-,clean open dose and latch properly without scraping the
doorframe-,not warped.
.__.._ - -- ____, . .
15 tY' Locks are intact and easily operable.
C. Break RoowdKltchen
Sink in good condition;hot&cold water provided;faucet has an aerator,not dripping,nor
110K badly worn. Sink is not stained,chipped,dented,nor badly wom. Bads splash is dean,
not spotted. Towel dispenser working B stocked. Trash can dean.
dean�hardwaren tan;no ei tris ofnestarslmissi
2 i��l ng pieces. Cupboards and counter tops
g p infestation..
3 K mtadg tiles
and lill ghting
aleanod condition. No missing tiles;light lenses. Sprinkler heads
D. Restrooms
Sinks are in good condition. Faucets provide hot and cold water,securely fastened;not
1 OX leaking. The faucets have aerators;not dripping,nor badly wom. Exposed piping for
handicapped sink properly wrapped.
Toilets in good condition,can be flushed;not leaking nor running. The seaUloilet bowl
2 101K unbroken and securely fastened to its fixture,wall or floor. Toilet paper holder secured;
not damaged.
3 1Gi Soap,Paper and sanitary nap. ---- ---- ..
kin dispensers_are in working condition and supplied.
4 111 The toilet room floor and fixtures are clean and a ncracked.,.ked. „
5D Adequate supplies of hand soap,paper towels,and toilet paper provided.
E.Periodic Work
The Lessor provided a Schedule of Periodic Se
p Services,as required by the lease This
Schedule includes the date{monthlyear)that each task is required/planned,
r h
1b.Deficiencies for Need from Lessor
Schedule of Services
Task Comments
,., ....,.,.,.
E . ,
03.Mop&spray buff resilient floor the 01KE04 Damp wipe toilet partitions,etc... ... .....,...
01K
Eo5.Cleaning of walk-off mats or entrance carpets CII
E06.Window washing CII
E07 High cleaning
, Nm OK
1)K
In
E08.Insect and rodent control, �....���� t . .
E09„Stripping and waxing floors
�,...., ,. �,,
E10 hampoo comdor and lobby carpets i O
ShampooEl I
.. .... m'„ ._..O
E12 Paling of public areas OK
�„ 1'1
carpets OK
El 31 Drapery cleaning
Venetian blind cleaning OK
E16 Wallcovering replacement � 011K
Page 248 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM #2.b.
11E11 7 Cleaning to be done during daytime hours? Noi Venfied
(NkW1 to
Fast �N Next due
Per Lease: cornle date
Painting office area requirements Need firorn Due irnmeMately
n,,,o„msow
Every 3 yearsfor public space. Every 5 years for Agency
Carpet replacement urremenl N'Ned fromflsrnd fuomuo III rar�awou
req
Lessur.,,,,
Ann at Shampoo carpets±n corridors and lobbies. Every Two Years.Shampoo carpets In aft offices and oN�er
r7pn-pr! fC BreaS.
Carpet shampog req Heard foorn D „
7Wn,,dow= w. .. ,a.,.. uo 6mmhdroaNknNr7
requirement: N'eerli frcmi a.Na rr,r Due i nmediatWy
washing ui � ..., , . ..._„ _..
e yyeeas aNinterforand extedorwhrdows and othergfass surfaces,
F.Offices and Corridors-Daily Cleaning
1 ffk Trash cans not overflowing;appear to be emptied daily;appearance of one working day's
accumulation.
Main floor traffic areas clean; hlltd dworth ean;sow only an accumulated woro
2 ii;�� Mitdirt,dust and
debris.
3 10lit, Carpet not spotted or appearance of being unclean over a one week period.
than built up
4 10 11( Horizontal furniture surfaces;chair rails,dustless,or less dust it p in„ �..,...,
one week.
5 CIS Drinking fountain spigots have no soilhime deposits,vents not dusty;unit shows no
damage;basin clean;water pressure adequate.
G.Safety and Environmental
1 7!a Tenant agency has an Occupant Emergency cY Pfan.
Lessor has document
2 NIA ed Operations and Maintenance Plan for Asbestos Containing
Builth Materials maintenancelremoval.
Tenant agency notengaged in unsafe work radices;permanent use of extension
3 Olh� cords,
improper storage of cheicals or exit/stairwell blockage;other
Lessor not engaged in unsafe work practices;permanent use of extension cords,
s,
4 OINt, improper storage of chemicals exit/stairwell blockage;other;use of agency space for
personal storage.
5 WA Deficient items from last Safety and Environmental Inspection have been corrected.
B rfll�.... Fire extinguishers, , - n, p
are wall mounted:inspection tags current(spot checks).
7 Old mm,m Battery pack emergency lighting appears effective(spot checks).
_.... , ..,
B OK Exit signs are illuminated for egress.
9 WA Emergency eIevalor telephone tested to reach operator
Elevator in ection certificate posted&cuff,
10Nf sp p trent.
11 NNNYA Boiler operation certificate posted¤t.
H.UtilitylEnergy
1 tN The HVAC system fans are quiet and operating properly. Temperatures are consistent
throughout space,no areas noticeably warmer or colder than balance of the area.
2 VYId The temperature settingslactual temperatures within guidelines.
3 ONS; The HVAC system
operates during the agency's ofaal working hours:
Meter readings were taken for GSA contracted utilities only, They are abovelbelow the readings given on the most
Meter#1 Maler#3
Reading fN Reading
Page 249 of 266
Kodiak Fisheries Research Center{KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
Meter2 Utility profiles are within 596 of eGual usage
Reading. ,,., i��d,, .... NIA
I.Miscellaneous/Additional Comments
p JFacil
ity Photos 'Inspection Photos
Photo�ra hs on Flle
Deficiencyi i au°1.flr V m D; �u � qui �and�qq n� qQirmv^eiil lav Ibe uirl�ulll�a,„ed Lcicated mri�ll[a aovv,��
Comments q
.... ....
Other
Comments:
Page 250 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
/
1!
1 1 rJ ,.. � 1 w--. # 1 1 1 I !'. 1'.4 1 r 1:`.�. 1 !'.! 1 •.. !".
OMP 1 1 111 L 4
I1 1 13X.1 I
t . ,.,: .•4 A 1 1 � 1: 4 :.R 1 1 ! : 1 1,` :.'1 4.:".
1 1 4 1 # ": ! r$8 1 1 1', 1 1 I '
01 4 MAO to I
1W 1
.1 �'�r�kn"a tlmf�oj�'�����dIE/r�fG 1N MV,uE!�fNq 4 Y11 Q Bias:.
• '' :1, 1 ; °: 1 4� •, 1 %%///%/%���0//iii/D/////iiiiii�iiiiii///////�%%00///%%�%
// �/%%/ // ////� / //pili✓�����i,
• — /� °✓x�Wmatsm ��tfip�anti"Gq✓I° G,e� u 9 R� Pq ii/
db h tl'f Q�w1G�r Nb h6 D � rV b�I IMJ/iiiiiii�
-1 k 1 4 1 '. Il; 1 j%/�lG/fin�iVw xYWp WI�A IYIt4 wtlNoM.ury�j/�j�/iiii�
It %�' Ngo_ Vmtl�t, IU.V ASN loaV�.��iw r,�orw°awa /
r r,%
AGENDA ITEM
. .
• collaborate with commercial fishers and private industry to further the national priority of
utilizing electronic monitoring technologies to supplement observer coverage;
• conduct cooperative research to ground truth the presence and abundance of coral habitat
inside and outside canyon areas is the eastern BeringSea;
• complete the third,and final,year of the Alaska Deep-SeaCorals project;
• establish an AFSCSafety Council to better coordinate d communicate health and safety
concerns,policies, solutio l
• continue genetic stock identification of salmon bycatch from the Bering Sea and Gulf of
• complete pelagic and coastal surveys of Arctic marine mammals,fish,and invertebrates and
e habitats on which they depend; d
• conduct economic surveys of several commercial fish and crab fisheries,and of
Alaska saltwater angler charter businesses.
AFSC Mission
As we look to the future,I thought it would be first helpful to review the scope of the SC's
mission and some of the budget challenges e have and will be facing.
Nil
Alffil F11hLal
4 .. Axl ti
Geographkal Challenges:The coastal oceans of
Alaska under the AFSC s research umbrella
cover bb%of the U.S.Continental Shelf;7 of
the 11 Large Marine Ecosystems in U.S.
waters ;and total nearly 3 million square miles '��%/ /%%, '1 '
in the Gulf of Alas Berm 5 Aleutian
Ica, � �
Islands,and the Arctic Ocean.
Commercial Fisheries Economic Impact Economic Impact:Alaskan waters—and
for ska-M2 rrhousands of lard research conducted by the AFSC—support
some of the most important commercial
"
fisheries in the world.Alaska accounts for
approximately half of the noon's fish catch
i by weight.The commercial catch in Alaska
exceeds 2M metric tons with a value of nearly
t ' $1.88 after initial processing.This economic
•~ '° benefit is spread across Alaska and the entire
� i �• i�til
west coast of the United States.In addition,oil
and gas development and production in Alaska
is a key contributor to the U.S.goal of
becoming energy independent.
t SC research is routinely conducted in the following t Bering Sea,GulfafAladicall,Califamia Current,
Aleutian Islands,No Bering-Chukchi Sens,and Bel Scal The AFSC also occasionally conducts research
in the Wen Bering 5 tte°d/lrnco ca ".ed B e t f)
Page 2
Page 252 of 266
Kodiak Fisheries es rc Center(KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
Fishery Stock Assessments:Alaska is unique across "Seience is fhefoundation upon which
the country and elsewhere in that there are no fish or sound managment ofacean and coastal
shellfish stocks subject to overfishing.This resoumm Js based,"-Dr,John A Holdren
Office of Science and Technology Policy
remarkable achievement is possible because of a Director
combination of hard work and scientific excellence,
where AFSC msearch addresses more than 250 fish �4 I
and shellfish stocks and 41 marine mammal stocks distributed across 591,000 square miles of the
U.S.Continental Shelf and adjacent pelagic waters.In 2013,the AFSC conducted 54 fish stock
assessments.Of these,31 were for stocks that are part of NOAA Fisheries'Fish Stock
Sustainability Index(FSSI},out of a nationwide to of 68 FSSI index stocks.
Fishety-Dependent and Independent
Dab Collection:in 2013,the AFSC
deployed 467 observers for a to of
40,466 days at sea and 3,177 days at
shore-side processing plants,involving
821 observer briefings and 684
debriefings.This represents about half
the to observer effort nationwide that
collects critical fishery-dependent data
essential for stock assessment and fishery management.In 2013,AFS C scientists,contractors,
and colleagues from the International Pacific Halibut Commission and Alaska Department or
Fish and Game spent over 2,300 person days at sea conducting resource surveys for Alaska fish
and crab stock assessments.
111afte Mammal Stock Anessment:,In 2013,the AFSC continued to monitor marine mammal
trends in abundance for key stocks,including Steller sea lions,northern far gals,Cook Inlet
beluga whales,bowl ead whales,and Califon-do sea lions.Such efforts am needed to understand
and mitigate,as possible,the impacts of anthropogenic activities(e.g.,commercial fishing,oil
and gas development and production)and climate change.In addition,Alaska is unique in the
U.S.in that Alaska Native subsistence hunters are allowed to harvest marine marnmals for
subsistence purposes under the Marine Mammal Protection Act and Endangered Species Act.
Native communities are dependent on these resources for fi)od,and matexials,as well as on
income derived fium the sole of handicrafts made fiom marine mammal skins,bone,and teeth.
Research conducted by the AFSC is critical to ensure the sustainable use of marine mammals by
the subsistence community in Alaska.
Page,3
Page 253 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension Disc...
AGENDA ITEM #2.b.
AFSC Budget Challenges
AFSC Budget Sources and Histerr,Them am three primary fituding sources that support the
AFSC's research programs.
AllocatedEun Thcse am federal funds that are allocated to the AFSC to support our
k
permanent labor costs,our facility cos%and a portion of our scientific operations.
The AFSC is constrained in how AFSC Funding Type In FY14 Afflocation Amount
allocated ftmds are used.Withut our Mammals $12,777,475
allocation,our funds am comprised —
of dozens of budget lines called Fish $34,379,467
PPAs(Programs,Projects,and Enforcement/Observers $7,790,976
Activities).Each PPA has specific
language tracing back to the original Habitat Conservation and Restoration $201,621
Congressional intent that limits the her Activities Supporting Fisheries $4,785,304
type of research that it can support. AFSC Mlontion: $59,934,843
Table I:Groupings of PP As supporting the AFSC.
The
PAs can he grouped rota five
broad groups,described in the table
to the right.
The AFSC's FYI 4
AFSC Budget(Federal Funds) allocated budget
increased by a
modest 1.1°/a relative
to FYI 3,with
increases primarily
targeting fishery
observer and marine
s:amarnmal activities.
SAO= Additionally,we
received allocations
FV10 FV11 2 I'VE)[ Yorm a for some of our
BARPUtldpnol INTemp-ArYN-ft I critical fish surveys
Figure 1-Fede ral funding or the AFSC In recent years.Note that Thea not or which had
temporary funds received In FY14 will be calculated at the end orThe fiscal year. previously been
transfxred.to the
Con a
temporuy year-to-year basis,making planning challenging.The NMIFS Office of Science and
Technology also restored fitnding for the FS 's Loss of'Sea Ice(LOSI)program.11is.work
was discontinued in 2010,and staff are refreshing the 2007 Implementation Plan for LOS12 to
better reflect current research in this area and the new source of ftmdin&which emphasizes stock
assessment activities,
1 Hollowed,A-B.,FL P.Angliss,M.F.Sigler,B.&Mcgrcy,and D.H.[to.2007.Implernentadon plan for Loss of
Sea Ice(LOS[)progmao.AFSC Processed Rep.2007-5,48 p.Alaska Fish,Sci.Cent.,NOAA,Nati.Mar,Fish.
Serv.,760 Sand Point Way NE,Seattle WA 981 IS.
Page
Page 254 of 266
Kodiak Fisheries Research Center(KFRQ Lease Extension is ...
AGENDA ITEM #2.b.
Tmilgm Funds:These federal at am held by other NWS Programc r by
other NOAA Line Offices that am eithera e AFSC on a competitive basis through
Request for Proposals,or are provided for a particular need on a temporary basis.For example,
the AFSC Fisheries-Occanograpby Coordinatedv ti tisreceives a
temporary fer each year frome Office of Science and Technology's `n sstt s
Program Officeto help support their climate ecosystem r The competitive internal
grants process run by many Headquarters'offices examples of temporary fimding supporting
e AFSC.
Reimbggable F e are funds that come from
outside ofNOAA for specific projects.The majority of the
AFSC's reimbursable funds originate from other federal
agencies( . .,Department of the tenor's Bureau o
Ocean ner Management),Emm other governmental
agencies( . .,State of Alaska),or from non-profit research
institutions(e. .,North Pacific Research Board).
As has beene in prior years,the AFSC's research
portfolio is heavily augmented by partnerships both inside and outside the agency to provide
operational funding for criticsl research needs.Thesealliances continue to be especially
important to our high-Arctic investigations,accel a collection of Arctic baseline data
including habitat living in a data through partnershipsi of Oceari
Energy Management,the North SlopeBorough, a Pacific Research
University of Alaska -Fairbanks.
Taken together,the three sources of funding provide for an AFSC research enterprise
approaching nearly r year.
year,Abbreviated Budget Process:Each upon receipt of our allocation,we first ensure that labor
and other fixed costs are coveredL In FYI ,this meant covering S45Min labor and S9M i
additional sts,for at total of$54M in non-discretionary obligations.Fortunately in FYI
there were sufficient fiinds in all fitnding types to support these expenditures.That has not
always been the case,and in those years,we have had to relyp temporary money
Headquarters to support not only research activities,but for some of the fixed costs such as labor
d facilities as well.
After fixed costs were covered,the types o
funds left in our FY 14 PPAs enabled us to Cut Catefforyions
fund out S2.5M in marinelabor $45.0 S4.0
research activities(mostly d Facilities 54 9S
beluga whale research),about S900K in er ust Pa a ., s S .0
observer activities(mostly contracted
in critical positions),and about S23M for Marine Ma al Science SM S56.5
the rest of the AFC research activities. Observarl3mitram 5 S .4
Given that the annual fishery surveys MN,Dr Fiklhci &pwur'anrys 15.'2 562hw
(trawl,acoustic,and lon l® e)Cost All wAhru'rew airr:B a ma,l wwllulG ar
approximately 5.2 the AFSC wasallele 1z Sl ,4
required to seek additional for their
completion.This shortage an the"fish Table 2:Major cost categories of FY14 expenditures,
side"of the allocation includes a host of Ifetm Indicate cogs above the AF 's allocation.
Page
Page 5 of 266
Kodiak ih ri Research t r( ) Lease ExtensionDisc...
AGENDA ITEM #2.b.
other research activitics needed to support the core management requirements of the NPFMC
d NUYS Alaska Regional Office( ).For the balance,we are dependent upon
Headquarters support each year on supplemental temporary money.
Recent Labor i lines in
budgets between FYI1 and FY 13 NI%IFS Positions as of AprH 2014
d flat budget allocations in FYI4 1500 --__ — ._ r - �
d anticipated in 15 has led the aaoo ........
AFSC to embark on a level-funded 3300 r
labor strategy,where our goal is to
3200 i.
hold the AFSC total labor cost at
Given 34%growth in 3680
personnel costs each year,primarily 3000
due to salary increes stemming u � �;
as13 J4
from the Comnaerce Alternative
Personnel System(CAPS),the
SC has had to drop over 60 Full Time Equivalent situ (17%a decline)since peak
staffing levels in 11 in order to maintain the constant S45M in labor costs,The rest of NMFS
also downsized in recent years,although not at the rate experienced by the AFSC(i.e.,a 101/6
agency-wide reduction since FYI1).
The reduced workforce has resultedin a contraction in the SC's science mission.This
reduction has beenfelt in all Divisions and laboratories--more acutely in some then in others.
For example,longstanding Auke Bay Laboratories programs such as hydrocarbon h,
ocean acidification,and nearshore habitat studies have diminished to the point that they are no
longer viable research o s.Additionally,at the AFSC we recognize that workforce reductions
have caused workload increases center-wide for remaining stafr For example,all of our critical
survey programs within the Resource Assessment and Conservation Engineering ivisi are
understaffed d all other Divisions am in need of additional administrative support positions.
Is the end of such a tight fiscal environment in sight?Are we at the point of stabilizing
workforce and our mission capacity(i.e.,is the savings created by attrition sufficient to allow
lacing staff at a 1:l redo while maintaining a constant labor st)7 Not quite yet,although e
all budge (LI%)we experienced in FY 14 is a step the right direction.Absent
additional increases in our a]located budget,we will continue to use our science planning process
to internally prioritize the allocation of resources towards critical core research activities to fit
within our limited budget.Unfortunately,without budget increases and in order to ensure that
our core research programs remain viable in the near-term,we will not be able to replace staff t
e same rate as attrition.However,we are also continuing to communicate across the agency
and to our stakeholders regarding the AFSC challenges to maintain the research needed to
support 1)science-based hip in the waters off Alaska;and )activities associated with
oil and gas production in the high-Arctic,while supporting e Alaska Native subsistence
lifestyle.
Page
Page 256 of 266
Kodiak Fisheries Research Center( ) Lease Extension Disc...
AGENDA ITEM #2.b.
FYi5 Budget Outlook
The FYI 5 President's Budget Request for NOAA recogmizcs the importance of science-based
stewardship of living marine resources and the need for information to support sound decision-
making for human,ecological,and economic health.The budget request provides support and
improvements to our network of observations,forecasts,and assessments—information termed
96environmental.intelligence"—which is the care of our mission.For NUTS,and specifically
NMFS in Alaska,the FYI 5 Budget Request includes increased fimding to the following:
* develop and implement electronic monitoring and reporting technologies that enhance
monitoring of catch and bycatch;
* strengthen fishery stock assessment capacity and increase the number of"next generation
stock assessments"which incorporate ecosystem data into assessment models;and
* increase observations in the Arctic region through expansion of the Mtributed Biological
Observatory(13110)to improve understanding of how climate is affecting subsistence
cultures and the environment.
The FYI 5 President's Budget Request is only the first step in a long appropriations process.At
the AFSC we are undertaking a series oftanning scenarios,which will include the President's
Request and any Congressional budget marks that am released,as well as receiving Hot funding
levels..
FYI 5 Priorities:Research,Collaboration,Partnerships,and Outreach
Our general priorities are to maintain support for the two AFSC core research foci,namely: 1)
maintain the information and capabilities needed to support the assessments required for the
federal management of fish,shellfish,and marine mammal stocks;and to 2)provide ecological
and socioeconomic information to the NPFMC and
AKR to inform and evaluate management decisions and NOAA',Flue-yearn h and
support quota monitoring and analyses required by legal Dewippment pkn jinclude thefoll..ing
and regulatory processes. Grand Science Challwgri.
(I
To further our continued focus on core assessments,we a UndeMand and cerize the
must prepare for the future.To do so,we wil I better rale of the aceans in ch to change
all ecosystem process studies with stock assessments. andvariability and the effecis of
climate changer an she ocean and
Additionally,we will emphasize improvement of our coasir
science programs by continuing efforts to incorporate Ai n=and wdentand the mies of
environmental effects into selected stock assessments ecasywempraceimi and
and providing improved observational methods through b1&dhwvty in mataining eakowtem
the use of advanced sampling technologies.
Our funding priorities in FYI 5 are as follows: 1)continued success of the observer program and
progress with electronic monitoring capabilities;2)opeRtional funding for AFSC use of NOAA
ship time and of pre-paid charter time;3)sustained stock assessments of groundfish(including
maintaining the longline and trawl surXeys),shellfish,and protected species;4)research on
process studies related to linking recruitment of commercially important species to
environmental change,including climate change;5)research on the western population of Steller
sea lions;6)high-Arctic research on marine mammals,fish,and habitat including the Bering
Arctic Subarctic Integrated Survey(BASIS)data collected as part of the DBO,and our
Page 7
Page 257 of 266
Kodiak Fisheries Research Center(KFRC) Lease Extension Disc...
AGENDA ITEM
. .
commitments to the Arctic Ecosystem Integrated Survey(Arctic Eis);7)20-year climate
forecasts for commercially-important fish and shellfishpopulations; )byctch reduction
research; )research in response to the FYI3 and FYI 4 Program Reviews on fishery stock
assessment data and sties 10}fulfilling our commitments to the Bureau of Ocean
Energy Management(in support of NOAA perrait reviews of oil and gas explorations and
development)and the North Pacific Research Board,including the Gulf of Alaska Integrated
Ecosystem Research Pro (GOA ).
Collaboration will continue to be strongly encouraged wherever possible,connecting areas of
strength across Divisions and Laboratoriesto increase success in securing external ;
communication with stakeholders,i to isci lin ,modeling,and synthesis components of
research activities;and overall research impact. l of research area naturally disposed to
cross-Divisional collaborations ci a Arctic activities;research on populationslisted under the
Endangered ci Act and depletedti f pinnipeds;fishery oceanographic and
habitat t e h leading to improved stockassessments;and ecosystemmodeling.
Partnerships and cooperative research will continue to
be a mission priority at the AFSC.Following the FY14 "911th increasing daftafi&an our ocean,we
NMFS guidance to focus on the core NOAA Fisheries mux,Improm how M work,091th"',Jham
in tion,andplan swrdy to grow our
mandates,the AFSC is committed to following three economy,kep ,and enjoy
overarching principles regarding support for the highest benefitsfivni our ocean resourres,
cooperative s : 1)focusing limited resourcesto now and In thefuture."—NancySud air
maximize national ne ;2),worldng closely with of the Coundl on Environmenial Qualitya
our state and tribal partners, well as stakeholders in Co•Chairof d4 Wood Ocean Council.
e industry and environmentalcommunity;and 3)
makingstrategic choic consistent with the SC's Science Plan.In supportof that,the Science
and ResearchDirector's office will continue to advocate for conference travel and travel
associated with professional development,recognizing that travel policies implemented by
NOAA t be neither counter-prodoctive nor demoralizing to staff.That is pmflcularly true in
Alaska where /O of communities only be reachedby a plane or ferry, where most trips
taken by AFSC staff in or to Alaska are in excess of 1,000 miles.
Alignment r ili
As notc er the President's FY15 budget,we expect level funding to continue with a few
all increases targetingspecitric research activities such as electronic monitoring and next
generation stock assessment.However,we must also be prepared to respond to budget cuts on
e order of5-1 /a in FYI5 overall or at least in some PPAs,depending on final budget
allocations.In this environment,we will plan to use the following strategies to align our
workforce capabilities and research activities.
1. Use of non-compefitive reassigmnents where possible to fill labor shortfalls. ou e
future workforce needs will require applicants external to the AFSC,we should be using non-
competitive reassignments where possible as a way to contain labor costs while aligning
workforce capabilities to mission needs.
2. Utilize the current AFSC Science d Implementafion planning process to provide incentives
for this workforce realignment through feedback on the relevancy of AFSC research
activities to AFSC prioritiesconnecting management p rt and access to
Page
Page 258 of 266
Kodiak Fisheries ResearchCenter( ) Lease ExtensionDisc...
AGENDA ITEM #2.b.
temporary fimding,temporary allocation of ship time, other ris capabilities to
AFSC priority research.
3. Develop Divisional organizadonid and workforce changes needed y FYI7 that are
responsive to the assumption of sustainedlevel budget funding and a level labor cost ceiling.
Improvements for
The Implementation Process and its resulting products provide a madmap of haw the AFSC will
maintain high priority research,improve staff morale,support new research activities,maintain
critical influstructureservices, a out work that is expected to either be completedor
at is of lower priority and can no longer be funded.The Implementation c expected
to be iterative,and continues to be so with the rollowing improvements initiated for FYI5:
l) Finalize and implement the AFSC Science Plan version 2.0,dmfted during1 4 to replace
version I.0 drafted in 2009.
} Implement a specific progrmn in response to staff e issues identified ent
Agency-wide se .
3) Incorporate an ecosystem-based management component to the new Science Plan to
help prioritize the bulk of the non-core research activities vide guidance to AFSC
EBM research.
Adopt a database for compiling clivi Plans,-particularly associatedcosts and funding
type to enable the AFSC to respond ore effectively to different budget calls,analyses,and
opportunities.
) Increase reliance of AFSC science execution on Activity Plans scores,informing decisions
for ship time,budget allocations,and staffing.
6) Increase reliance on input and recommendations frome Alaska RegionalOffice regarding
allocation of limited o consistent with spending constraints imposed by Congress,
Department of Commerce,and NOAA.
7 Refinement of AFSC science management to the project or Sub-Activity level.
Page 9
Page 259 of 266
Kodiak Fisheries rc Center ) Lease Extensionis ...
AGENDA ITEM
. .
10
overview
•
The Kodiak Laboratory Is a research Laboratory In addition to the survey and assessment work,
In the Resource Assessment & Conservation the science planning at the Kodiak La tory
Engineering (RACE) Division of the Alaska includes:
Fishades Science Center (APSC). The Kodiak . Climate Change&Ocean Acidification:Kodiak
Laboratory consists of staff korn the Shellfish Lab staff have developed the infrastructure to
Assessment Program and the Groundfish simulate changes in ocean chemistry to test
Assessment Program. In addition, staff from the the effects on Individual crab and coral species
AFSC Observer Program and the AJaska Regional to ultimately Inform population and economic
Office work t of the Kodiak Laboratory. The climate effect models,
goals of the RACE Division staff are to survey
FMP crab and fish species, participate in the • Crab aquaculture: research Is focused on the
North clfic Fisheries Management Council feasibility of culturing king crab for outstocking
stock assessment process,and conduct biological and enhancing local stocks in the Kodiak and
research to support sustainable fisheries in Pribilof Islands regions.
multiple Large Marine Ecosystems adjacent toAlaSurveys and Biology: periodic surveys
®and data a on in the Chukchi Sea are
Resource urveAssessment focused on crab distribution and abundance of
snow and king crab as w as latitudinal
a
Kodiak b scientists variation in growth and reproductive potential.spend weeks aboard
commercial vessels • Cooperative Research with Industry:
chartered by AFSC. collaborative research projects include survey
The Shellfish gear selectivity, handling lity of crab
Assessment Program during a fishery, crab growth, and biological
staff are responsible by associated with crab early life
for estimating abundance Indices of six crab stages. Each project is prioritized based on its
stocks covering 140,000 nmzin the eastern Bering Importance to ft stock assessment process.
Sea. Within 15 days of the survey completion, . Octopus Biology: studies are focused on
results and crab estimates must be available for growth and discard mortality of this Important
the North Pacific Fisheries Management Council bycatch cies.
and the Slate of Alaska fishery managers to
assess stock status and develop biological • Rockfish Habitat: studies focused on
reference ints In time for commercial fisheries productivity of rockfish in coral and other
to commence consistent with theMagnuson- habitats.
Stevens Conservation and Management Act. Stwff(FTEs and Contractom)
Kodiak Fisheries ese r Center
The Kodiak Laboratory Is pad of the Kodiak Island % %
Borough's 45,937 square foot Id facility /'�/%�
built with funding from the Exxon Valdez Oil Spill
V %ior�//✓/i'/i�rrir�r/iiri/�/lfii����jii//iii�j/�//�i/� ���ii��/�%���//%/%
criminal,state and federal settlements.The facility
boasts a 3,500 gallon aquarium to annually
educate more than 12,000 visitors about Alaska's For more information contact:
fisheries resources. A state-of-the-art sea ter or,RobW Fay 301 Pimewch cr.
system with the capacity to manipulate 's
temperature, salinity, and pCO2 provides B21MUMMORUM
opportunities to study early life history and or.Jeff Nam .afsc.n a.aov'
physiological p ses in a controlledlaboratory ca o
Page 260 of 266
Kodiak Fisheries Research Center(KFRQ Lease ExtensionDisc...
AGENDA ITEM #2.b.
CURRENT LEASE` SUPERSEDING LEASE
TOW Oct 1,1998 thnr Sept 30,'2019-"' Jah 1,2016 thou December 31;;
Lease Extension Up to'4—additional 5 year; 20,years total,13"years Firm
extension
, ,`25,332 RSF 15,864
Spa NL15F(]3109 office ABOA;9,468`
y
6,904 lab) Share in Common Space @
wJV 16151742%X ABOA SF
Space cme6latibn" Estimated on 95%'drawings Measured aril conffrmed;by
'staff
Debt pa int Amount'%�%/O/O�%/O%%///// S8 0 Miihon @ 796 for.20 "ars,.,.., $1,926,619.88'@35%for"13: v.i
i
m..
Tenant's ro rtionate share 81�2lFi "„"'
75.3%,
".
t'Tbw Rent;
AGENDA ITEM #2.c.
MELVIN M. STEPHENS, I1
A I'MOFEff10NAL COIIFONATION
ATTORNEY AT LAW
326 CENTER AVENUE.SUITE 90A
P.O.BOX 1129
KOWAK,ALASKA 9!619
TELEPHONE 19071 406.3143
MEMORANDUM
TO: Mayor&Assembly
y}
FROM: Mel Stephens ' ' r '�-•
RE: Manager Hiring Timeline
DATE: December 14, 2015
In view of Bud's earlier than anticipated departure, I foci the schedule for the hiring of a new
manager should be accelerated.
I offer the accompanying table to facilitate further discussion of the issue. For comparison
purposes the previously presented timeline is also attached.
Page 262 of 266
Accelerated Timeline for Manager Hiring
w
CD
ia
CL
IPtoposed Revision of)MANAGER HIRING PROCESS
3
Date Event/Yates
November Advertisements
m December Post and distribute applications perbdicaffy as they are receiver. Da not wait until the final deadline. This wal avoid the necessity
of havkug to inview a large number of eppWcarions an no short doadldne.
dFri Jan 15 Advardsemeot was"Open until f9bd with first application review date of January 15.
y Post and dbuibula tomelnieq applications
up
M Fri Jan 15 Distribute packets to Indivkkml assembly member Rating sheets create a fable sense of precision.
S Assembly members should assign applkents to no more than 4 cotegorles. E.g.,
I Da"tefy merits further conslderarkm
Ifl
2 Probably merits farther consideration
3 Neutral
4 Does not merit further eonsiderefion
or,as an ALTERNA77VE
I kerns further rens)dck"lian
2 May merit further consideration
3 Does not merit further consideration
Tue don 19 Spacial work session
• First review.narrow numbers for follow-up questionnaire Skyps Interview
• Frame questionslhausa fat follow-up questionnake.
We con make this a special meeting N at mgioriry wishos to review applications In executive session lin which case opplicents must
be noc7led and given opportunity to teip"review In open session). The number or applleaars who survive this Nrsr cut am
depend to a certain extent on rhe number of App&snts. The questkne askad on rhe fobbw-up Questionnaire don't have to be the
same for everyone. E.g.,it might be koporrant to ask a candidare whose experienca is prirnarRy an the Eastern Seaboard to 'Tag
us mom about why 040 kuferests you and what you see as the most kgporroar trans!tion Issues for you,'Whig such a question
would be less appropriate for a local of Alaskan candidate.
Wed Jan 20 Send out questionnaire by egnsO with due date of Fri Jan 29
Provide responses to questlormahes to aaerrrbly as that'come in. Assume that oa Neat cut appilcsnts who return questionnaire
wal be Interviewed In person or by stype.
Fab 1.5 Hold Skyps Intsuvbws
Suggesf Skype Interviews be held in Assembly Chambers and posted on YouTube ASAP. Any assembly member wishing to
M attend may do ser.Others wN have atxnss to intervlOw on Yourube. Thom Should ba s mi 4num of 3 assambly members for each n
W Interview. if krtervfaws am 30-40 minutes each,4 appvicants could be Interviewed on a given afternoon for mornkhg). Inn-person
N ifintarviews should be vWso•teped and posted on YouTube. m
M Thu Feb t 1 work session or*pedal rrreetinp to select finalists for personal Interviews. Na need to formally rate'Skype Interviews All
NO assembly members should have viewed all of them. No mom than 6 NnaBsrs] n
pi Mon Fab 2901 Goaduat In-person Interviews.ConsWer pros and eons of delaying background check unta after tentative selection 6 aceepubxv of ►
new manager.. m
3
N
AGENDA ITEM #2.c.
AGENDA ITEM#2e.
N[ANAGER HIRING PROCESS
NOVEMBER 16,2010 TO MAY 2015
Mondry,Nov 16 Ad"Ah moms
> Kodiak Job Service
a Kodiak Oatly Mhror
s Andto W DWY News
f Anka MW*"Lae0u01Fax Alad
• !National Association of Cou rdes
> ICMA Inlenmilanal C40oiady MensOwma Assod0on
a Jobs AVON"
Friday,Jan If AdvedisemaM was`Open until titled with(bol application review data of
January 1s!
Vhmhmadsy,Jan 20 Disidbuts packets to individual Assembly members Include mom sheets
Thursday.Jan 20 Return rating sheets
Thursday,Fab 11 Work session
s Full review of fhtieit Wnaeow numbers for kilaw up
quastionrWre
f Review and revise follow up questiornake
Tuesday,Feb 16 Send cul quemion wire wkh a due date of Monday.FmIxuary 22
Thursday,Fob 25 Review questlonnsim reWmed by Net muandbd of applicants and
dadde on Skype inlervisweas
March 7-11 Hold Skyps Wetvlews.
> Comiuded by tits entire Assembly?
f Raoord and post on YouTubs7
March 1417 Rada Skype tnlarviews
Thursday.Mor 17 Submit Skype scores
Thursday.Mar 31 Dsdde Tinel"
April 145 Background chadalstefi to sled sdwduting Interviews
may 2? Conduct inlerviewa
Pm,Ads Alders,Hotel,and Per Diem?
Discuss Mayan and ane Assoa ft member negodatad wkh the sucoeseM
candklals In the pad(dmmk Wth Borough Attorney If Iiia Heads to be In
a public so")
NOW,
The logia offar Wqh peels posWm was addussed durkp Wa 2014 Open IAsstlims Act at 0ts
HoWly Boded Is treLdnO.hens Beckon.FBkbmb North Star BcmuO Abomey and Mehasl G&W
dfsdps dlsarsssd Irmspsimmy whm Wft for mama ra,deft.Iv
d b.police dkk afc.They aaW list appllrailam and sao" are pubic ss Ouy are of
needpubpc irm ast.Discussion of durader or �ixecAve session.Candlddu
to be advised"Ow ftsembly is pf mft to Mid on ammlive session and candidates may
nxpust a pubiia disausim
Page 11a of 179
Review of the Managers Job Descrlp&m and HNnq Tknefne
Page 264 of 266
Accelerated Timeline for Manager Hiring
AGENDA ITEM #2.c.
MANAGER HIRING PROCESS
NOVEMBER 16,2015 TO MAY 2016
Monday, Nov 16 Advertisements
D Kodiak,fob Service
D Kodiak Daily Mirror
Anchorage Daily News
D Alaska Municipal League/Fax Alert
D National Association of Counties
ICMA International City/County Management Association
Jobs Available
....... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, �......, ..... PP
Friday,Jan 15 Advertisement was"Open until filled with first a lication review date of
January 15-
Wednesday,
Jan 20 Distnbute�w�
packets to individual Assembly members include rating sheets
..., ...................
.......... ...,,-,,, ..,..�
Thursday,Jan 28 Return rating sheets
Thursday, Feb 11 Work session
Full review of finalists/narrow numbers for follow up
questionnaire
Review and revise follow up questionnaire
mrm„ .,. .... �
Tuesday,Feb 16 Send out questionnaire with a due date of Monday, February 22
Thursday, Feb 25 Review questionnaires returned by first round/cut of applicants and
decide on Skype interviewees
m,,,,o�aa�a� nnmm �,
March 7-11 Hold Skype interviews.
Conducted by the entire Assembly?
;- Record and post on YouTube?
p,nnn.nnnnnnnnnnn .... �.,.,., .. .......
.,. . . ...................
.., m.
March 14-17 Rate Sk a interviews
. ...........
.....m. �.�..ri ,,,. �.�...
.m . ....... ...--.......—--- ,.,.,.,.,,,... .. ... .
Thursday,Mar 17 Submit Skype scores
Thursday, Mar 31 .Decide finalists
April 1-15 Background checks/staff to start scheduling interviews
May 2-? Conduct interviews
Provide Airfare, Hotel, and Per Diem?
Discuss Mayor and one Assembly member negotiated with the successful
candidate in the past(check with Borough Attorney if this needs to be in
a public setting)
Note:
The topic of hiring for high profile positions was addressed during the 2014 Open Meetings Act at the
Newly Elected Officials training. Rene Broker,Fairbanks North Star Borough Attorney and Michael Gatti
from Wohlforth,Brech and Cartledge discussed transparency when hiring for managers,clerks,fire
chiefs,police chiefs,etc.They noted that applications and scoring process are public as they are of
generallpublic interest. Discussion of character or reputation qualifies for executive session.Candidates
need to be advised that the Assembly is planning to hold an executive session and candidates may
request a public discussion,
------------------
Page 265 of 266
Accelerated Timeline for Manager Hiring
AGENDA ITEM #8.a.
FUTURE DISCUSSION ITEM SUMMARY
KIBSD Budget
Budget Meetings with the City/School District
Review$10M bonded project timeline and status
SD Mental Health Services Provided by the Counseling Center Contracts Upcoming
Fisheries Analyst(2/6/16)
Borough Budget Manger(3/9/16)
Non Profit Funding Process Discussion Animal Control(6/2016)
Town Hall Meeting to Discuss Priorities Hospital(4/2017)
Review Capital Planning(R&R)priority list&funding source Solid Waste(4/2017)
Borough Administration Oversight
Contracting and Procurement Process/Procurement Process Presentation
Review of the Salary Schedule and Overview of the Hiring Process Budget Deadlines
KIB Vacant Positions 151 Budget Review(12/15/15)
Action Plans Manager Budget(by 4/30/16)
Contract with Waste Management KIBSD Budget(by 4/30/16)
Hospital Lease Assembly Approval(by 6/10/16)
Assembly Operations
Teleconferencing Ordinance
Rale of Elected Officials During an Incident Command System
Boards,Committees,and Commission Structures/efficacy
Village Presentations at Regular Meetings
Fisheries
FWG Structure and Purpose
Review Fisheries Analyst Contract
Consolidation
Consolidation of Fire Departments
Updated Friday,December 18,2015
Page 266 of 266
KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of:
Please .................................1 111^, ";' your name Please 1311:31110" your name
,
OXc
M,
c -e�
If-C v it,
F41