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HomeMy WebLinkAboutECAT11-003 TSA Lease Agreement Supplemental Agreement No. 1 I GENERAL SERVICES ADMINISTRATION SUPPLEMENTAL AGREEMENT NO. 1 DATE: i I PUBLIC BUILDINGS SERVICE (Revised) B • R . 6 SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. LC014295 ADDRESS OF PREMISES Eagle County Regional Airport 0217 Eldon Wilson Rd. Gypsum, Colorado THIS AGREEMENT, made and entered into this date by and between: Eagle County Air Terminal Corp. whose address is 500 Broadway Eagle, Colorado 81631 -0850 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease, to provide for the reimbursement for TSA office build out NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective April 29, 2011 as follows: Paragraphs 18, 19, 20 (A,B and C), 21, 22, 23 and 24 are hereby added and incorporated into the lease: "18. The Government seeks to expand at the existing location. A scope of work will be provided with TSA's requirements for the expansion. The total expansion space is currently estimated to be 835 SF, and will be measured and confirmed and formally added to the lease once construction is complete. 19. REIMBURSABLE ITEMS: The Lessor hereby agrees to provide, install and maintain the items described in Attachment 1, scope of work. Changes to the scope of work must be approved by the Contracting Officer. The Government agrees to reimburse the Lessor in the amount not to exceed $120,004.36, upon completion of said work and reasonable satisfaction of the Government. Reimbursement to the Lessor will be made based on inspection and acceptance of the work by GSA Contracting Officer and upon receipt of itemized invoice from the Lessor. Progress payments will be processed on all invoices as long as they are submitted in accordance with the guidelines set forth here in. Payment shall be forwarded to: Eagle County Air Terminal Corp. P.O. Box 850 Eagle, CO 81631 -0850 The Vendor receiving payment shall issue the invoice. Additionally the invoice shall include a unique invoice number and cite the following PDN number PS0020133. [Invoices submitted without the PDN are immediately returned to the Vendor.] Invoices shall be submitted to the Greater Southwestern Finance Center (with a copy to the Contracting Officer) electronically on the Finance Website at www.finance.gsa.gov. Vendors who are unable to process the invoices electronically, may mail the invoices to the following address: GSA, Greater Southwest Finance Center (7BCP), P.O. Box 17181, Fort Worth, Texas 76102. 20. (A, B, and C) See Attachment "Eagle County Regional Airport SLA No. 1 (Revised)" 21. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised)" 22. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" 23. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" 24. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESS • ' 1e County Aire' - final Co ice . BY it p l 1/�( (Signature) (Title) IN PRES'E OF JJ /, �!�rM7 .- (Address) UNITED 'ST • I IFFI ' 4 SER S ADM IP' TRATION, PUBLIC BUILDINGS SERVICE, REAL ESTATE DIVISION BY /// CONTRACTING OFFICER (Signature) gi� (Official Title) GSA DC 68-1176 AC/TS/TS GSA FORM 276 JUL 67 GENERAL SERVICES ADMINISTRATION SUPPLEMENTAL AGREEMENT NO, 1 DA TE: PUBLIC BUILDINGS SERVICE (Revised) bl (( SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. LC014295 • ADDRESS OF PREMISES Eagle County Regional Airport 0217 Eldon Wilson Rd. Gypsum, Colorado THIS AGREEMENT, made and entered into this date by and between: Eagle County Air Terminal Corp. whose address is 500 Broadway Eagle, Colorado 81631 -0850 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease, to provide for the reimbursement for TSA office build out NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective April 29, 2011 as follows: • • Paragraphs 18, 19, 20 (A,B and C), 21, 22, 23 and 24 are hereby added and incorporated into the lease: "18. The Government seeks to expand at the existing location. A scope of work will be provided with TSA's requirements for the expansion. The total expansion space is currently estimated to be 835 SF, and will be measured and confirmed and formally added to the lease once construction is complete. 19. REIMBURSABLE ITEMS: The Lessor hereby agrees to provide, install and maintain the items described in Attachment 1, scope of work. Changes to the scope of work must be approved by the Contracting Officer. The Government agrees to reimburse the Lessor in the amount not to exceed $120,004.36, upon completion of said work and reasonable satisfaction of the Government. Reimbursement to the Lessor will be made based on inspection and acceptance of the work by GSA Contracting Officer and upon receipt of itemized invoice from the Lessor. Progress payments will be processed on all invoices as long as they are submitted in accordance with the guidelines set forth here in. Payment shall be forwarded to: Eagle County Air Terminal Corp. P.O. Box 850 Eagle, CO 81631 -0850 The Vendor receiving payment shall issue the invoice. Additionally the invoice shall include a unique invoice number and cite the following PDN number PS0020133. [Invoices submitted without the PDN are immediately returned to the Vendor.] Invoices shall be submitted to the Greater Southwestern Finance Center (with a copy to the Contracting Officer) electronically on the Finance Website at www.finance.cisa.uov. Vendors who are unable to process the Invoices electronically, may mail the invoices to the following address: GSA, Greater Southwest Finance Center (7BCP), P.O. Box 17181, Fort Worth, Texas 76102. 20. (A, B, and C) See Attachment "Eagle County Regional Airport SLA No. 1 (Revised)" 21. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised)" 22. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" 23. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" 24. See Attachment "Eagle County Regional Airport SLA No. 1 (Revised) "" All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSO Eagl County Ail - final Corp. • BY 4, Vea-— (Signature) ' (Title) iNPRESE ' OF _/ \ �J / /' 1 Qf �Jl�rIrr. RO WV, 0 , T L'O 06 1 (Signatu e) (Address) — 1 UNITED J. S O r ' ' SERVICE . ADMINISTRATION, PUBLIC BUILDINGS SERVICE, REAL ESTATE D 111V BY All ` 1 O Irlh_ _ V •M (Signa. re) (Official Title) GSA I8 -i 1 6 AC/TS/TS GSA FORM 276 JUL 67 1-009 • I 1 LC014295 —Eagle County Regional Airport SLA No. 1 (Revised) • 20.A BUII nIN(3 SHE![ QFQR IRFMFNTA. (411G 200111 A. The Lessor's obligations in providing a building shell shall include the following as part of the Lessor's shell rent: All items identified in this solicitation as "building shell" are to be provided, installed, maintained, repaired, and/or replaced as part of the Lessor's shell rent. 1. Base structure and building enclosure components shall be complete. All common areas accessible by the Govemment, such as lobbies, fire egress corridors and stairwells, elevators, garages, and services areas, shall be complete. Restrooms shall be complete and operational. All newly Installed building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be furnished, Installed, and coordinated with Tenant Improvements. Circulation corridors are provided as part of the base building only on multi - tenanted floors where the corridor Is common to more than one tenant. On single tenant floors, only the fire egress corridor necessary to meet code is provided as part of the shell. 2. Accessibility Requirements. Accessibility to persons with disabilities shall be required throughout the 'common areas accessible to Government tenants in accordance with the Architectural Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10) and shall be Installed and coordinated with Tenant Improvements. To the extent the standard referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent standard shall apply. 3. Ceilings. A complete acoustical ceiling system (which includes grid and lay -in tiles or other building standard ceiling system as approved by the Contracting Officer) throughout the Govemment - demised area and all common areas accessible to Government tenants. The acoustical ceiling system shall be, fumished, installed, and coordinated with Tenant Improvements. • 4. Doors. Exterior building doors and doors necessary to the lobbies, common areas, and core areas shall be required. This does not include suite entry or interior doors specific to Tenant Improvements. Related hardware shall be installed in accordance with the "Doors: Hardware" paragraph and the "Doors: Exterior" paragraph elsewhere in this SLA. 5. Partitions. Permanent, perimeter, and demising slab -to -slab partitions (including all columns) finished with paint and base shall be required in accordance with the 'Partitions: General" paragraph and the "Partitions: Permanent' paragraph elsewhere in this SLA. 6. Flooring. All building common areas shall have finished floors in accordance with the °Floor Covering and Perimeters° paragraph elsewhere in this SLA. 7. Plumbing. The Lessor shall include cost of plumbing in common areas, such as for toilet rooms and janitor closets as part of the building shell cost. Hot and cold water risers and domestic waste and vent risers, installed and ready for connections that are required for Tenant Improvements, shall be included in the shell rent. 8. HVAC. Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines, VAV boxes, dampers, flex ducts, and diffusers, for an open office layout, including all building common areas. Conditioned air through medium pressure duct work at a rate of .75 cubic feet per minute per ANSIBOMA Office Area square foot shall be provided. 9. Electrical. Electrical power distribution panels and circuit breakers shall be available in an electrical closet, with capacity at 277/480 volt (V) and 120/208 V, 3- phase, 4 -wire system providing 7 watts (W) per ANSI/BOMA Office Area square foot. 10. Lighting. Parabolic type 2' -0" wide x 4' -0" long fluorescent lighting fixtures (or other building standard fixtures approved by the GSA Contracting Officer) shall be installed in the ceiling grid for an open office plan at the rate of 1 fixture per 80 ANSUBOMA Office Area square feat. Lighting as necessary shall be provided in all building common areas in accordance with the "Lighting: Interior and Parking" paragraph elsewhere in this SFO. 11. Safety and Environmental Management. Complete safety and environmental management shall be provided throughout the building in accordance with federal, state, and local codes and laws Including, but not limited to, such items as fire detection and alarms, emergency building power for life safety systems, etc., and shall be in accordance with ABAAS. Where sprinklers are required in the Government - demised area, sprinkler mains and distribution piping in a "protection" layout (open plan) with heads turned down with an escutcheon or trim plate shall be provided. 12. Telephone Rooms. Building telecommunication rooms on each floor shall be completed, operational, and ready for Tenant Improvements. The telephone closets shall include a telephone backboard. 13. Demolition. 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 Governments design intent drawings. Any demolition of existing improvements that is necessary to satisfy the Governments layout shall be done at the Lessor's expense and not included in the tenant improvement costs. Any demolition shall be completed in accordance with all applicable laws. • • 2 LC014295 — Eagle County Regional Airport �J SLA No. 1 (Revised) 15. Unless an item is specifically labeled as Tenant Improvement (TI), shall p Y p R ), rt sha be considered ashell -item. 20.B foFNFRAI ARCHITFCTUI 0.1 ACCESSIBILITY (FEB 2007) The building, leased space, and areas serving the leased space shall be accessible to persons with disabilities in accordance with the Architectural Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the extent the standard referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent shall apply. 0.2 EXITS AND ACCESS (DEC 2007) A. Vestibules shall be provided at public entrances and exits wherever weather conditions and heat loss are important factors for consideration. In the event of negative air pressure conditions, provisions shall be made for equalizing air pressure. B. The Lessor shall provide permanent entryway systems (such as grilles or grates) to control dirt and particulates from entering the building at all primary exterior entryways. 0.3 DOORS: EXTERIOR (SEP 2000) A. BUILDING SHELL: 1. Exterior doors shall be provided at the Lessor's expense unless explicitly requested by the Government in addition to those provided by the Lessor. Exterior doors shall be weather -tight and shall open outward. Hinges, pivots, and pins shall be installed in a manner which prevents removal when the door is closed and locked. 2. These doors shall have a minimum clear opening of 32" clear wide x 80" high (per leaf). Doors shall be heavy -duty, flush, 1) hollow steel construction, 2) solid -core wood, or 3) insulated tempered glass. As a minimum requirement, hollow steel doors shall be fully insulated, flush, #16 -gauge hollow steel. Solid -core wood doors and hollow steel doors shall be at least 1 -314 inches thick. Door assemblies shall be of durable finish and shall have an aesthetically- pleasing appearance acceptable to the Contracting Officer. The opening dimensions and operations shall conform to the governing building, fire safety, accessibility for the disabled, and energy codes and /or requirements. 0.4 WINDOWS (AUG 2008) A. Office space shall have windows in each exterior bay unless waived by the Contracting Officer. B. All windows shall be weather - tight. Operable windows that open shall be equipped with locks. Off-street,' ground level windows and those accessible from fire escapes, adjacent roofs, and other structures that can be opened must be fitted with a sturdy locking device. Windows accessible from fire escapes must be readily operable from the inside of the building. C. Please review special requirements for additional window specifications. 0.5 WINDOW COVERINGS (DEC 2005) • A. Window Blinds. All exteriorwindows shall be equipped with new window blinds, which shall be provided as part of the Tenant improvement Allowance. The blinds may be aluminum or plastic vertical blinds, horizontal blinds with aluminum slats of 1 -inch width or less, solar fabric roller shades, or an equivalent product pre - approved by the Contracting Officer. The window blinds shall have non- corroding mechanisms and synthetic tapes. Color selection will be made by the Contracting Officer. • 0.6 FLOORS AND FLOOR LOAD (SEP 2000) A. All adjoining floor areas shall be: 1. of a common level not varying more than 1/4 inch over a 10 -foot horizontai run in accordance with the American Concrete Institute standards, 2. non -slip, and, 3. acceptable to the Contracting Officer. • • 3 LC014295 — Eagle County Regional Airport 0 SLA No. 1 (Revised) B. Underfloor surfaces shall be smooth and level. Office areas shall have a minimum live Toad capacity of 50 pounds per ANSI /BOMA Office Area square foot plus 20 pounds per ANSI /BOMA Office Area square foot for moveable partitions. Storage areas shall have.a minimum live Toad capacity of 100 pounds per ANSI /BOMA Office Area square foot including moveable partitions. A report showing the floor Toad capacity, at no cost to the . Government, by a registered professional engineer may be required. Calculations and structural drawings may also be required. 0.7 CEILINGS (SEP 2000) A. Ceilings shall be at least 8 feet, 6 inches and no more than 12 feet, 0 inches measured from floor to the lowest obstruction. Areas with raised flooring shall maintain these ceiling height limitations above the finished raised flooring. Bulkheads and hanging or surface- mounted light fixtures which impede traffic ways shall be avoided. Ceilings shall be uniform in color and appearance throughout the leased space, with no obvious damage to tiles or grid. B. Ceilings shall have a minimum noise reduction coefficient (NRC) of 0.60 throughout the Government- demised area. C. Prior to closing the ceiling, the Lessor shall coordinate with the Government for the installation of any items above the ceiling. D. Should the ceiling be installed In the Government- demised area prior to construction of the Tenant Improvements, then the Lessor shall be responsible for all costs 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 Tenant Improvements. The Lessor shall also bear the risk for any damage to the ceiling or any components•thereof during the construction of the Tenant Improvements. 0.8 PARTITIONS: GENERAL (DEC 2007) BUILDING SHELL: Partitions in public areas shelf be marble, granite, hardwood, or sheetrock covered with durable wall covering or high performance coating, or equivalent pre - approved by the Contracting Officer. • 0.9 PARTITIONS: PERMANENT (SEP 2000) BUILDING SHELL: Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor as part of shell rent as necessary to surround the Government - demised area, stairs, corridors, elevator shafts, toilet rooms, all columns, and janitor closets. They shall have a flame spread rating of 25 or less and a smoke development rating of 50 or less (ASTM E-84). Stairs, elevators, and other floor openings shall be enclosed by partitions and shall have the fire 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 award date of this lease. 20.0 • •. •. e.r • . -• _._ :. _ wWLTLE.S 0.10 SECURITY FOR NEW CONSTRUCTION (NOV 2005) A. The Offeror shall provide the Government with all design and engineering documents, including structural engineering calculations. B. Offers must include an itemized estimate for the costs of each security item identified as " shell ". 0.11 TENANT IMPROVEMENTS PRICING REQUIREMENTS (AUG 2008) A. Under the provisions of FAR Subpart 15.4, the Lessor must submit information that is adequate for the Government to evaluate the reasonableness of the price or determining cost realism in conjunction with the Tenant Improvements. B. In lieu of submitting detailed cost or pricing data and entering into negotiations to determine a final cost for the subject work, the Government (in accordance with FAR 15.403) is willing to accept a price based upon the results of a competitive proposal process if the following conditions are met: • 1. The Lessor shall submit to the Government a proposal including overhead, profit, and architectural- engineering fees as agreed upon in the Lease, as well as permits and regulatory fees for all Tenant Improvements. This will be negotiated and agreed upon prior to the award for the subject improvements (separate from lease award). 2. The Tenant Improvements scope of work includes the lease, the SFO, all SFO attachments, the construction drawings /documents, and written specifications. In cases of discrepancies, the Lessor shall Immediately notify the Contracting Officer for resolution. All differences will be resolved by the Contracting Officer in 'accordance with the terms and conditions of the tease. 3. No building shell items shall be included in the pricing for the Tenant Improvements. • 10 4 LC014295 — Eagle County Regional Airport SLA No. 1 (Revised) 4. Each proposal shall be 1) submitted in the attached 21 Division Tenant Improvement Cost Summary table by the proposed General Contractors (or subcontractors) and 2) reviewed by the Government. The General Contractors shall submit the supporting bids from the major subcontractors. The Government reserves the right to determine if bids meet the scope of work, that the price is reasonable, and that the Lessor's proposed contractors are qualified to perform the work. The Govemment reserves the right to reject all bids, at its sole discretion. 5. A minimum of two qualified general contractors shall be invited to participate in the competitive proposal process. Each participant shall compete independently in the process. In the absence of sufficient competition from the • general contractors, a minimum of two qualified subcontractors from each trade of the attached 21 Division Tenant Improvement Cost Summary table shall be Invited to participate in the competitive proposal process. 6. The Government reserves the right to be represented at all negotiation sessions between the Lessor and potential contractors. 7. The Lessor shall demonstrate to the Government that best efforts have been made to obtain the most competitive • prices possible, and the Lessor shall accept responsibility for all prices through direct contracts with all contractors. 8. The Lessor shall complete the competition and the cost proposal process in the time frame specified in the "Construction Schedule of Tenant Improvements" paragraph in this section. 9. Once the Government determines that there is adequate competition, and upon the Government's acceptance of the Lessor's cost proposal based upon that competition (provided the Lessor selects the competition's' lowest priced bid of a contractor qualified to perform the subject work), the Contracting Officer shall issue to the Lessor a notice to proceed for the subject work. 10. The Lessor shall complete the work within the time frame requirements illustrated in the "Construction Schedule and Acceptance of Tenant Improvements" paragraph in this section. 0.12 WORK PERFORMANCE (SEP 2000) All work in performance of this lease shall be done by skilled workers or mechanics and shall be acceptable to the Contracting Officer. The Contracting Officer retains the right to reject the Lessor's workers 1) if such are either 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 contracts. 0.13 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT /ENGINEER (AUG 2008) A. The Lessor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Lessor under this contract. The Lessor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications or other services. B. THE LESSOR REMAINS SOLELY RESPONSIBLE FOR DESIGNING, CONSTRUCTING, OPERATING, AND MAINTAINING THE LEASED PREMISES iN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE LEASE. The Government retains the right to review and approve many aspects of the Lessor's design, including without limitation, review of the Lessor's design and construction drawings, shop drawings, product data, finish samples, and completed Base Building and Tenant Improvement construction. The Government shall work closely with the Lessor, in an integrated manner, to identify potential design flaws, to minimize costly misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and construction comply with applicable laws and satisfy all Lease requirements. C. Neither the Government's review, approval or acceptance of, nor payment through rent of the 'services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Lessor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Lessor's negligent performance of any of the services required under this contract. D. Design and construction and performance information is contained throughout several of the documents which will comprise a resulting lease. The Lessor shall provide to architects, engineers, construction contractors, etc., all information required whether it is found in the agency provided scope. Reliance upon one of these documents to the exclusion of any other may result in an incomplete understanding of the scope of the work to be performed andfor services to be provided. 0.14 LIQUIDATED DAMAGES (AUG 2008) in case of failure on the part of the Lessor to complete the work within the time fixed in the lease contract, the Lessor shall pay the Government as fixed and agreed liquidated damages, pursuant to this paragraph, the sum of one day's rent for 4.1 5 LC014295 — Eagle County Regional Airport 0 SLA No. 1 (Revised) each and every calendar day that the delivery is delayed beyond the date specified for delivery of all the space ready for occupancy by the Government, which amount shall be applied as an offset to future amounts due to Lessor under this Agreement. This remedy is not exclusive and is in addition to any other.remedies which may be available under this lease or at law. This liquidated sum is not meant as a penalty, but as an approximation of actual damages that would be suffered by the Government as a result of the Lessor's delay. Parties understand this is not meant to obligate funds that have not been appropriated. Parties can negotiate damages at the time to ensure funds are available. • 0.15 CONSTRUCTION SCHEDULE AND ACCEPTANCE OF TENANT IMPROVEMENTS (MAR 2007) A. The construction schedule shall commence upon submission of completed scope of work, unless otherwise expressly agreed by the Lessor and Government as stated in the lease. The schedule shall be divided into seven tasks for each phase. These are: 1) the generation of the design intent drawings; 2) the Government's approval of the design intent drawings; 3) the Lessor's generation of the Government's construction documents; 4) the Government's review of the construction documents; 5) the TI submittal, review and Notice to Proceed (NTP) process; 6) the Lessor's construction of the subject leased area; and 7) the Government's acceptance of the Lessor's construction. Each of these tasks is . detailed below. References to "approval" shall mean such approval granted by the GSA Contracting Officer. During the construction schedule, the Government may request regularly scheduled progress meetings and request that the Lessor keep meeting minutes of discussion topics and attendance. During design and construction, the Lessor may discover instances where the Governments directives conflict In such cases, the Lessor shall immediately notify the GSA Contracting Officer so that the Government may issue a determination as to how to proceed beyond the building shell. B. DESIGN INTENT DRAWINGS: The Lessor shall prepare and provide to the Government approved design intent drawings based upon the base building drawings. These design intent drawings will detail the Tenant Improvements to be made by the Lessor within • the Govemment - demised area. Design intent drawings, for the purposes of this lease, are defined as fully- dimensioned drawings of the leased space which include enough information to prepare construction drawings and shall consist of:. 1) furniture locations, telephone and data outlet types and locations; 2) specifications necessary for calculation of electrical and HVAC loads; and 3) all finlsh/colorlsignage selections. Design intent drawings shall be due to the • Government within ten (15) working days from receipt of agency scope of work. • C. WORKING /CONSTRUCTION DRAWINGS: The Lessor shaft prepare, as part of the Tenant Improvement Allowance, final working /construction drawings for the improvements illustrated on the Government- approved design intent drawings. The working /construction drawings shall include all mechanical, electrical, plumbing, fire safety, lighting, structural, and architectural improvements scheduled for inclusion into the Government - demised area. Working /construction drawings shall also be annotated with all applicable specifications. The resulting product shall reflect requirements which are substantially the same as that specified by the Government- approved design intent drawings and shall incorporate neither extraneous additions nor deletions of requirements. The Lessor's working /construction drawings shall be due to the Government within thirty (30) working days of the Government's approval of the design intent drawings. Working /construction drawings shall clearly identify 1) Tenant Improvements already in place and 2) the work to be done by the Lessor or others. D. REVIEW OF WORKING /CONSTRUCTION DRAWINGS: The Lessor shall prepare working construction drawings at 50% and 90% completion. The 100% completion final working drawings shall include all mechanical, electrical, plumbing, fire safety, lighting, structural, and architectural improvements scheduled for inclusion into the Government - demised area. Working /construction drawings shall also be annoted with all applicable specifications. The Govemment shall perform at reviews of construction documents within five (5) working days of receipt of such from the Lessor. Should the Government require that modifications be made to the Lessor's construction documents, the Government shall state such in writing to the Lessor, and the Lessor shall have five (5) working days to cure all noted defects before returning the construction documents to the Government for a subsequent review. Upon complete Government review for conformance of the construction documents to the design intent drawings, the Lessor shall obtain the necessary permits. Notwithstanding the Government's review of the construction documents, the Lessor is solely responsible and liable for the technical accuracy of the construction documents in meeting all requirements and provisions of the lease and the Government- approved design intent drawings. The Lessor shall obtain the necessary permits and may commence construction of the shell space. E. TENANT IMPROVEMENTS PRICE PROPOSAL Within twenty (25) working days of Government review for conformance of the construction drawings, the Lessor must submit the written price proposal along with adequate cost and pricing data or the documentation of the competitive proposals. All Contractor cost proposals, including initial proposals and change order proposals shall be accompanied with a line item breakdown of all major construction items. Each construction item shall include, at minimum, a detailed description, material quantities, material pricing, and all hours and cost associated with labor and equipment (if applicable). Along with the construction tine items the Contractor shall also include cost totals for General Conditions, Construction Management, Overhead and Profit. Submitted cost proposals not adhering to this format or similar format shall be rejected by the Government. See Appendix A for sample cost data and proposal breakout. The Contractor cost proposal shall include a line item for General Conditions. The General Conditions shaft be based upon a percentage of the direct costs and shall be limited to the following items: • • • 6 0 LCO14295 — Eagle County Regional Airport 0 • SLA No. 1 (Revised) • Project Layout • Temporary Materials & Equipment (fencing, site protection, ect.) • Submittals • Daily and Final Cleaning • RFI's • Debris Removal • Shop Drawings • Estimating & Scheduling • Quality Control • Contract Closeout • Construction Site Facilities • As -Built Drawings The proposal sh'alI also include a line item for construction management, i.e. Project Manager and Protect Superintendent total estimated wages for the project's duration. Exclude overhead and profit from this line item. For supplemental information, the Government may request subcontractor proposals in the like format. Any work shown on the construction documents that is building shell shall be clearly identified and priced as such. After negotiation and acceptance of the Tenant Improvements price, A NOTICE TO PROCEED SHALL BE TRANSMITTED TO THE LESSOR, and the Lessor shall commence construction of the Tenant improvements. F. CONSTRUCTION OF TENANT IMPROVEMENTS: The Lessor shall construct all Tenant Improvements in accordance with 1) the Government reviewed working /construction drawings and 2) all terms and conditions of the agency scope of work. The Lessor shall complete Tenant Improvements within sixty (60) working days of receiving the notice to proceed from the Government. The Lessor shall furnish a detailed construction schedule (such as Critical Path Method) to the Government within 5 days of issuance of the notice to proceed. Such schedule shall also indicate the dates available for the Government contractors to install telephone /data lines or equipment. The Government reserves the right to access any space within the building during the conduct of interior construction for the purposes of performing inspections or for installing Government- furnished equipment. The Government shall coordinate with the Lessor the activity of Government contractors in order to minimize conflicts with, and disruption to, other contractors on site. Access shall not be denied to authorized Government officials including, but not limited to, Government contractors, subcontractors, or consultants acting on behalf of the Government with regard to this project. G. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY: Ten (10) days prior to the completion of interior construction, the Lessor shall issue written notice to the Government to inspect the space. The Government shall have ten (10) working days.to inspect and to either accept or reject the subject space. 1. Substantially completed space will be accepted by the Government subject to the completion of minor punch list items (see the Definitions paragraph of GSA Form 3517, General Clauses). Space which is not substantially complete will not be accepted by the Govemment. Should the Government reject the Lessor's space as not substantially complete as defined herein, the Lessor shall immediately undertake remedial action and when ready shall issue a subsequent notice to inspect to the Government. 2. The Lessor shall provide a valid Certificate of Occupancy, issued by the local Jurisdiction, 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 Certificates of Occupancy, the Lessor shall obtain the services of a licensed fire protection engineer to verify the offered space meets all applicable local codes and ordinances to ensure an acceptable level of safety is provided. H. RENT COMMENCEMENT: The rent commencement date (for each increment) shall be the date that space acceptance is made by the Government Any rental paid by the Government prior to actual occupancy shall be less the cost for services and utilities. In any event, the Government will not be required to accept space and commence rent prior 100% completion of the space. I. LEASE COMMENCEMENT: The Government shall issue GSA Form 276, Supplemental Lease Agreement,,to establish the lease commencement date after the acceptance of all space, if different from the date previously established in the lease. In any case, the lease commencement date shall not be prior to the rent commencement date. 0.16 FLOOR PLANS AFTER OCCUPANCY (DEC 2005) A. Paper Medium: Within twenty (20) days after occupancy, as -built reproducible full floor plans, scaled at 1/6" = showing the space under lease, as well as corridors, stairways, and core areas, shall be provided to the Contracting Officer. B. Electronic Medium: Computer -Aided Design (CAD) files of as -built floor plans showing the space under lease, as well as corridors, stairways, and core areas, shall be provided to the Contracting Officer. 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, addr s, list \ J • • 7 v LCO14295 – Eagle County Regional Airport `✓ SLA No. 1 (Revised) • of drawing(s), date of the drawing(s), and Lessor's architect and phone number. The Lessor's operator shall demonstrate the submission on GSA equipment, if requested by the Contracting Officer. 0.17 WAIVER OF RESTORATION (AUG 2008) - The Lessor hereby waives, releases and discharges, and forever relinquishes any right to make a claim against the Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the leased premises during the term of the lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the leased premises, including cabling, or removal thereof, during the term of thls lease (including any extensions thereof), where such alterations or removals are performed by the Lessor or by the Govemment with the Lessor's consent, which shall not be unreasonably withheld. The Government may, at its sole option, abandon property in the leased space following expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith. • 21. MAINTENANCE OF RI Ill DING AND PREMISFS —RIGHT OF FNTRY Except in case of damage arising out of the willful act or negligence of a Government employee, Lessor's obligation to maintain the premises under this agreement requires only that Lessor keep the building, building systems, 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, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is ieyuihed fui 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. 22. CJANFIFS (a) Provided the Lessor consents in writing to the change,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, provided the Lessor consents to the change. (b) If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under this lease, whether or not changed by the order, the Contracting Officer, shall modify this lease to provide for one or more of the following: (1) A modification of the delivery date; (2) An equitable adJustment in the rental rate; (3) A lump sum equitable adjustment; or (4) An equitable adjustment of the annual operating costs per ANSI /BOMA Office Area square foot specified in this lease. (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. 23. DISP(ITFS (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601 -613). • (b) Except as provided in the Act, 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 the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The s 'on � *1‘, J • 8 0 LC014295 — Eagle County Regional Airport • SLA No. 1 (Revised) may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if -it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) • (1) A claim by the Contractor 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) (1) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (1i) 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 daim 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 duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a derision within 60 days of the request. For Contractor-certified 'claims over $100,000, the Contracting Officer muct, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (t) 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 altemative 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, if 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 the contract, and comply with any decision of the Contracting Officer. 24. TERMINATION Any termination of this agreement by Govemment shall be effected by delivery to Lessor of a written notice of termination specifying the reason and date upon which termination becomes effective. If this lease Is terminated by the Government prior to the completion of all build -out (and the termination is not as a result of Lessor default), the Government will reimburse the Lessor, in accordance with the requirements of Paragraph 19 of this Agreement, for the amounts expended or obligated for expenditure by Lessor up to the date of termination. • e 7/1v