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HomeMy WebLinkAbout1999 - 05 - Lease Agreement with U.S. Postal ServiceBILL NO. 99-05 ORDINANCE NO. 99- ~ ~ AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE U.S. POSTAL SERVICE FOR USE OF THE RIVERSIDE, MO MAIN POST OFFICE FACILITY TO BE CONSTRUCTED BY THE CITY OF RIVERSIDE, MO AND SETTING THE TERMS OF THE LEASE AND LEASE AMOUNT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MO AS FOLLOWS: SECTION 1: The Mayor is hereby authorized to enter in to Lease Agreement with the U.S. Postal Service for the Riverside, MO Main Post Office facility being constructed by the City of Riverside. SECTION 2: As agreed upon in the Lease Agreement, the term of the lease shall be for twenty (20) years with four (4) renewal options, each for an additional five (5) years. SECTION 3: As agreed upon in the Lease Agreement, the Postal Service will pay the City of Riverside an annual rental of One Dollar ($1.00). SECTION 4: An executed copy of the Lease Agreement will remain on file in the office of the City Clerk. PASSED THIS 5TH DAY OF JANUARY, 1999. ayor Ed Rule /', ATT~a' / L l ~/ ~/ / Lo se Rusick, City Clerk ~Qy> ORI61NAl P©ST1~L SERVlCE~„ Lease RIVERSIDE BRANCH-RIVERSIDE MO 64168-9998 tIfVITF£3 ST/~TES ~ UNITED STLITES ~POST/1L SERVICE. Lease Facility Name/Location , KANSAS CITY - RIVERSIDE BRANCH (284216-127) PLATTE COUNTY X KANSAS CITY, MO 64168-9998 Project: 243266 f This LEASE, made and entered into by and between CITY of RIVERSIDE, A MISSOURI MUNICIPAL CORP. hereinafter called the Lessor, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Lessor hereby leases to the Postal Service and the Postal Service leases from the Lessor the following premises, hereinafter legally described in paragraph 9, in accordance with the terms and conditions described herein and contained in the 'General Conditions to U.S. Postal Service Lease,' Section A, attached hereto and made a part Hereof. Upon which is a One Story Brick and Frame Building and Which property Contains areas, Spaces, improvements, and appurtenances as follows: AREA t`~et Floor Space Platform Parking and Maneuvering Other: Driveway Landscapirig Sidewalks 2 ENCLOSED DOCKS Total Site Area: SQ. FEET AREA 7 , 2 e e Joint Use/Common Areas: 858 35,141 37,480 3,869 84,014 2. RENTAL: The Postal Service will pay the Lessor an annual rental of: $1.00 ***One and 00/100 Dollars*** payable annually at the beginning of the term. Rent checks shall be disbursed as follows: payable to: CITY OF RIVERSIDE, A MISSOURI MUNICIPAL CORP. POST OFFICE BOX 9135 RIVERSIDE MO 64168-9135 SQ. FEET unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at least sixty (60) days before the effective date of the change. 3. TO HAVE AND TO HOLD the said premises with their appurtenances: FIXED TERM: The term beginning 7/2/1999 20 years. and ending /1/2019 for a total o° PS Form 8300 ~ G~ UNITED STATES POSTALSERVICE_ Lease 4. RENEWAL OPTIONS: The Lease may be renewed at the option of the Postal Service, for the following separate and consecutive terms and at the following annual rentals: RENEWAL OPTION TERM N0. OF YEARS PER ANNUM RENTAL 1 5 $1.00 2 5 $1.00 3 5 $1.00 4 5 $1.00 provided that notice is sent, in writing, to the Lessor at least 60 days before the end of the original lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. UTILITIES, SERVICES, AND EQUIPMENT: Lessor, as part of the rental consideration, shall furnish the following UtIIItIeS, SerVICeS and equipment: (See Lessor Obligations of Generel Conditions (A.24) and/or attached addendum for definitions.) Heating System, Air Conditioning Equipment, Light Fixtures, Sewerage System, Electrical System, Water System, See addendum 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts and/or forms were agreed upon prior to execution and made a part hereof: Construction Rider (C-1), Maintenance Rider - USPS (M-1), UST Maintenance Rider - Lessor (U-1), See Attached Addendum. 7. The undersigned has completed the 'Representations and Certifications.' (See Section B). 8. LEGAL DESCRIPTION: SEE EXHIBIT A ATTACHED HERETO. PS Form 8300 2 UNITEDSTi]TES ~ ~osr~~sErtv,'cE_ Addendum Facility Name/Location KANSAS CITY - RIVERSIDE BRANCH (2 84218-12 7) County: PLATTE X RIVERSIDE, MO 64168-9996 p~c~e~:I43266 The City of Riverside, Missouri, hereinafter called Lessor, has and will, at its sole cost and expense; be responsible for contracting for and completing all of the following work on or before July 1, 1999: Acquire Fee Simple Title in the name of the City of Riverside, Missouri for a new Riverside Post Office facility. Final site selection of the exact location of a site will only occur after written approval and concurrence by the Postal Service. Such approval of the Site has taken place. Lessor will be responsible for all due diligence work on the site, including; 1. Environmental investigation of the site and the completion of a Phase I Environmental Report of the site by an approved and certified Environmental Firm acceptable to the Postal Service. If additional environmental investigation is required, a Phase II Environmental investigation and Report will be obtained by the Lessor. Any and all remediation of on-site or off-site conditions will be the responsibility of the Lessor. Copies of any and all environmental reports will be furnished to the Postal Service within 15 days after receipt of such reports from the environmental firm to the Lessor. (Specifications for Environmental assessment will be provided by the Postal Service along with names of acceptable Environmental Firms). No part of the site being acquired by the Lessor will be located within the limits of a wetland, floodway, floodway fringe, or 100 year floodplain boundary as determined as shown on maps or drawings issued by the Federal Emergency Management Agency as most recently published. Should said site be located in such a wetland or floodplian, the ability of the Postal Service, consistent with its regulations published as 39 CFR 775, must either 1) issue a written determination a) of categorical exclusion, and b) that the proposed action of locating on a site and constructing and operating a postal facility upon the property is not affected by extraordinary circumstances which may cause it to have a significant environmental effect, or, 2) issue a Finding of No Significant Impact with respect to matters involving the National Environmental Policy Act. Failure to provide an Environmentally clean site and meet the above described conditions, will cause this Lease to become null and void. 2. Lessor will provide a boundary & topographic site survey of the selected site. Said site survey will conform to specificiations for B&T Survey which will be provided to the Lessor by the Postal Service. Copies of the final completed B&T survey will be furnished to the Postal Service within 15 days after receipt of the survey by the Surveyor to the Lessor. Failure to conform to said B&T Survey specifications will cause this Lease to become null and void. The final survey has been delivered and approved by the USPS. 3. Lessor will contract for and provide a geotechnical sub-surface soil report on the selected site, and provide Postal Service with a final copy of said report. Lessor will obtain soil samplings, core borings and other studies of the site de*_ermining that excavation for building construction to a depth of more than 5 feet will not be required, and that sub-surface conditions are adequate to support 1500 poinds per square foot unconfined compressive strength by test for clay material, or minimum blow count of N=11 for granular material, or soils competence in the opinion of a registered soils engineer to support a minimum bearing load of 1500 pounds per square foot at the level of the bottom of footing. Specific Soil boring locations will be determined once a selected site has been determined. Lessor will coordinate the location of said soil boring and obtain approval of those locations from the Postal Service prior to beginning any borings. 4.Lessor shall provide Postal Service with a preliminary title report on the selected site. Lessor shall provide a site free and clear of any encumbrances, site restrictions or easements which will interfere with the use of the property for postal use. Said title clearence shall occur prior to construction award of the building by the Lessor. RELEASEAD (Sept. 96, vt16, P) Page 1 of 2 UNITED STATES POSTAL SERV/CF_ Addendum I racunyrvamei~ocation ntuvsHa CITY - RIVERSIDE BRANCH (284218-127) County: PLATTE X RIVERSIDE, MO 64168-9998 I43266 Project: S.Lessor will notify in writing the affected units of state, areawide, regional and local government of this proposed project in accordance with 39 CFR 778 wherein Lessor will give said units of government 60 days to comment on the selected site and proposed project. Lessor will provide Postal Service copies of such written notification and any responses received from these units of government. 6.Lessor shall notify in writing the Missouri State Historical Preservation Offieer of the proposed project and obtain written clearance of the site/land through its Section 106 process. Lessor shall provide copies of said request for clearance and the SHPO response to the Postal Service. 7.Once site selection has taken place and all due diligence work has been completed on the selected and approved Postal Service site, Postal Service will provide Lessor with copies of the Preliminary Small Standard Building Design Plans and specifications for a 65B building. Said preliminary plans and specifications will be provided to the Lessor by Postal Service and have been developed to the following estimated design standard percentages; Structural Design to approximately 90g, Electrical I>esign to approximately 30%, Mechinical Design to approximately 30e, Civil Engineering and site development design to 0%. Lessor will be responsible for contracting with an Architectural Firm in order to complete the design and specifications of the building and site to a final 100e design. Lessor's Architect will work with the Postal Service Architect throughout the final desigr. process and conduct design reviews at 300,70% and 100% design stages. Failure to conform to design standards, plans and specifications provided by the Postal Service, will cause this Lease to become null and void. Final plans and specifications were provided and approved by the US PS. B.Once final design is completed and -approved by the Lessor and the Postal Service, Lessor will proceed with a solicitation for construction of the building. No modifications to the design, substitutions or changes to the design will be made without written approval by the Postal Service Contracting Officer. Solicitation has taken place and the Lessor is prepared to recommend award for final City Council approval on ~7anuary 5th, 1999. 9.Lessor wi1:1 award a contract for construction per the terms and conditions of this Lease with Construction Rider. Lessor will comply with all terms and conditions of this Lease with Construction Rider unless otherwise specified herein. 10.After acceptance and occupancy of the building by the Postal Service, the Postal Service will be responsible for payment of all separately metered utiliites including natural gas, electricity, public water service, sanitary sewer service, telephone, snow and trash removal along with lawn mowing of the leased site. 11.After acceptance of the new leased facilty by the Postal service and provided said acceptance is no later than July 1, 1999, the Postal Service will ran to. the City of Riverside their own designated Riverside Missouri Zi~Co e De ivery~ rium~r ~ this newly cons~ructed postal facility. Failure on the part of the Lessor to deliver the new facility on the July 1, 1999 date, will result in delaying the Zip Code Delivery change until July 1, 2000, as Zip Code Delivery changes are only made once per year and on July 1. RELEASEAD (Sept ss, vt.t6, P) Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION All of Lots 1 through 3 inclusive, Hansen Heights, A Subdivision of Land Now in the City of Riverside, Platte County, Missouri, All subject to that part there of dedicated for street purposes. And Further described as follows; Lot 1, except the West 33.44 (eet thereof and Lot 2, except that port described os follows: Beginning of the Southwest comer of said Lot 2,• thence North along he West line thereof 129.12 /eet to the Northwest comer of said Lot 2,• thence Eost along the North line of said Lot 2 o distance of 3344 feet; thence South and parallel with the East line of said Lot 2 a distance of 16.05 feet; thence Eost and parolld with the South line of sold Lot 2 0 distance o/ 38.5 /eet; thence South and parallel with the Eost line of said Lot 2 to o point on the South line thereof, said point being 141 /eet West o/ the Southeast corner of said Lot 2,' thence West along the South line of said Lot 2 a distance of 71.94 feet to the point of beginning, all in yANSEN yE/Gy7S, o subdivision of land in Riverside, Platte County, Missour; except that port in rood. Aft that part of Lot 2, yANSEN HEIGHTS; a subdivision of land now in the City of Riverside, Platte County, Missouri, more porticulorfy described as follows• Commencing of the Southwest corner of said Lot 2,• thence North, along the West fine of said Lot 2, a distance of 129.12 leet, to the Northwest comer thereof, thence East along the North line of said Lot 2, o distance of 33.44 feet,- thence South, along o line parallel to the East line of said Lot 2, o distance of 16.05 feet; thence Eost parallel to the South line of said Lot 2, a distance o/ 18.50 feet, to the true point of beginning of subject tract,• thence continuing East along o line parallel to the South Line of said Lot 2, a distance of 20 feet; thence South and parallel to the East line of Said Lot Z, to o point on the South line thereof, said point being 141 feet West of the Southeast corner thereof,• thence West, along the South line of said Lot 2, a distance of 20 feet; thence North, along o line parallel to the East line of said Lat 2, to the true point of beginning of subject tract. All of the West 3.3.44 feet o/ Lot 1, ol/ of Lot 3 and that part of Lot 2 described os follows. Beginning of the Southwest corner of said Lot 2,~ thence North along the West line thereof 129.12 /eet to the Northwest comer of said Lot 2,' thence East along the North line of said Lot 2 a distance of 33.44 feet; Thence South and parallel with the East line of said Lot 2 a distance of 16.05 feet; thence East and parallel with the South line of said Lot 2 a distance of 18.5 feet; thence South and parallel with the East line of said Lot 2 to o point on the South line thereof, said point being 161 feet West of the Southeast comer of said Lot 2,• thence West along the South line oI said Lot 2 0 distance of 57.94 Jeef to the point of beginning, aft in yANSEN yE1Gf4I5; o subdivision of land in Riverside, Platte County, Missouri, according to the recorded plot thereof. -, UNITEDST/JTES ~POSTdL SERVICE. EXECUTED BY LESSOR this --~= day of OTH EDWARD RULE, MAYOR Lease GOVERN Print Name 8 Title L~U~!JG ~, CITY CLERK Print Name 8 Title Print Name 8 Title Print Name 8 Title Print Name 8 Title Print Name 8 Title nature -`-mot-' AGENCY Signature Signature Signature Print Name 8 Title Signature Prmt Name 8 Title Signature LeSSOr,AddreSS: CITY OF RIVERSIDE, A MISSOURI MUNICIPAL CORP. POST OFFICE BOX 9135 RIVERSIDE MO 64168-9135 Telephone No: (816)741-3993 TaxpayerlD: 48-s46so6s Witness Witness ACCEPTANCE BY THE POSTAL SERVICE Date. V WIL AM R GLEY Contracting Officer ~~~~ Signature of Contracting Officer KC FACILITIES SERVICE OFC 6800 W 64TH ST STE 100 OVERLAND PARK KS 66202-4179 Address of Contracting Officer PS Form 8300 3 G UNITEDSTdTES POSTAL SERVICE. Form of Acknowledgment for Corporations STATE OF COUNTY OF ~C° Personaylly~a/ppear ore me, a Notary Public in and for the County and State aforesai C~ w U ~ and ~ ~~ (Name of authorized officer(s) signing lease) who is/are known to me to be the ~~ and ~~ (Titles of officer(s) signing leas of the ~~~_ ~~ / / ' ~~~ ~~ G (Name and to be the same person(s) who executed the foregoing lease, who depose(s) and say that said person(s) know(s) the seal of the said corporation, that the seal affixed to the above instrument is the seal of said corporation, and that it was affixed, and that said person(s) signed this lease by the authority of the said corporation, for the purposes set forth, and as said person(s) own free and voluntary act. Done at ~W~- the County and State aforesaid, this day of , ~. PJOTARIAL SEAL Notary Public / I (~~ My commission expires ~~ I~~^^' NOTE: If the corporaticn is without a seal, that portion of [he acknowledgment referring to a seal should be stricken out, and on the blank line foll~wir.g this statement should be made: "and that the said corporation has no corporate seal." REACKC (Nov 97, v2.0, P) LINlTED ST/~TES POSTiJL SERVICE_ Form of Acknowledgment for Contracting Officer STATE OF KANSAS COUNTY OF JOHNSON SS' Personally appeared before me, a Notary Public in and for the County and State aforesaid, WILLIAM R. LANGLEY (Identify individual party to the lease) known to be the CONTRACTING OFFICER U. S. POSTAL SERVICE - KC FACILITIES SERVICE OFFICE 6800 W. 64TH ST., SUITE 100 OVERLAND PARK KS 66202-4171 and to be the same person who executed the foregoing Lease, who deposes and says that he signed his name thereto by authority of said Postal Service, for the purposes set forth, and as his own free and voluntary act. Witness my hand and notarial seal, in the County and State aforesaid, this 6rh day of January 1999 NOTARIAL SEAL I";~.=;~,A L. ANDERSON . NOTARY PUBLfC :;?ATE OF KANSAS M- • ::Fn! Ezoires c~ltala~a. 1~ ~C~. i'> X11 ai'1 Ot.P ('~G Notary Public My commission expires 6/ 12/2002 t.~wy yo. v. i . i ~, r~ ~, UNITED STATES POSTAL SERVICE. General Conditions to USPS Lease SECTION A A.1 CHOICE OF LAW This Lease shall be governed by federal law. A.2 DEFINITIONS As used in this contract, the following terms have the following meanings: a. "Contracting officer' means the person executing this contract on behalf of the Postal Service, and any other employee who is a properly authorized contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of a contracting officer acting within the limits of the authority conferred upon that person. b. "Successful offeror," "offeror," "contractor," or "Lessor" are interchangeable and refer to the party whose proposal is accepted by the Postal Service. c "Lease" and "agreement" are interchangeable and refer to this document, including all riders and attachments thereto. A.3 EXECUTION REQUIREMENTS a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the offeror is married, the husband or wife of the offeror must also execute the Lease. The offeror must submit adequate evidence of title. b. If the offeror is a general partnership, each member must sign. c. If the offeror is a limited partnership, all general partners must sign. d. Where the offeror is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. e. Where the offeror is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. f. Where the offeror is a corporation, leases and lease agreements entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. g. Where the offeror is a corporation, municipal corporation, fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease to bind the municipal corporation, fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and offcial titles of the officers who are authorized to sign the Lease must appear in the document. h. Notices. Any notice to Lessor provided under this Lease or under any law or regulation must be in writing and may be hand delivered or mailed to Lessor at the address specified on page 3 of the Lease, or at an address that Lessor has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and may be hand delivered or mailed, addressed to "Contracting Officer, U.S Postal Service" at the address specified on page 3 of the Lease, or at an address that the Postal Service has otherwise directed in writing. A.4 MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the offeror must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the offeror must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be sub)ect to the Lease. A.5 EQUAL OPPORTUNITY a. The contractor may not discriminate against employees or applicants because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. This action must include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of this clause. b. The contractor must, in all solicitations or advertisements for employees placed by it or on its behalf, state that all qualified applicants will be considered for employment without regard to race, color, religion, sex, or national origin. c. The contractor must send to each union or worker's representative with which the contractor has a collective bargaining agreement or other understanding, a notice, provided by the contracting officer, advising the union or workers' representative of the contractor's commitments under this clause, and must post copies of [he notice in conspicuous places available to employees and applicants. d. The contractor must comply with all provisions of Executive Order (EO) 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor must furnish all information and reports required by the Executive order, and by the rules, regulations, and orders of the Secretary, and must permit access to the contractors books, records, and accounts by the Postal Service and the Secretary for purposes of investigation to ascertain compliance with these rules, regulations, and orders. f. If the contractor fails to comply with this clause or with any of the said rules, regulations, or orders, this contract may be canceled. terminated, or suspended, in whole or in part; the contractor may be declared ineligible for further contracts in accordance with the Executive order; and other sanctions may be imposed and remedies invoked under the Executive order, or by rule, regulation, or order of the Secretary, or as otherwise provided by law. g. The contractor must insert this clause, including this paragraph g, in all subcontracts or purchase orders under this contract unless exempted by Secretary of Labor rules, regulaticns, or orders issued under the Executive order. The contractor must take such action with respect to any such subcontract or purchase order as the Postal Service may direct as a means of enforcing the terms and conditions of this clause (including sanctions for noncompliance), provided, however, that if the contractor becomes involved in, or is threatened with, litigation as a result, the contractor may request the Postal Service to enter into the litigation to protect the interests of the Postal Service. RETERMS (Sept. 96, v1 17, W) q_1 ~, UNITEDSTdTES AOST/~L SERVICE_ General Conditions to USPS Lease h. Disputes under this clause will be governed by the procedures in 41 CFR 60-1.1 A.6 FACILITIES NONDISCRIMINATION a. As used in this clause, the term "facility' means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this Lease is located. b. The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, religion, color, age, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility including any and all services, privileges, accommodations, and activities provided thereby. c. It is agreed that the Lessor's noncompliance with the provisions of this clause shall constitute a material breach of this Lease. In the event of such noncompliance, the Postal Service may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Postal Service in acquiring substitute space, including but not limited to the cost of moving to such space. d. The Lessor agrees to include, or to require the inclusion of the foregoing provisions of this clause (with the terms "Lessor" and "Lease" appropriately modified) in every agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. The Lessor also agrees that it will take such action with respect to any such agreement as the Postal Service may direct as a means of enforcing this clause, including but not limited to termination of the agreement or concession. A.7 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress may be admitted to any part or share of this contract, or to any beneft arising from it. This prohibition does not apply to the extent this contract is with a corporation for the corporation's general benefit. A.8 CONTINGENT FEES a. The offeror warrants that no person or selling agency has been employed or retained to solicit or obtain this contrail upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona file employees or bona fide, established commercial or selling agencies maintained by the Lessor for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from offeror the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause. A.9 ASSIGNMENT OF CLAIMS a. If this contract provides for payments aggregating 510,000 or more, claims for moneys due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with 1.The contracting officer; and 2.The surety or sureties upon any bonds. b. Except with the written consent of the Contracting Officer, assignment of this contract or any interest in this contra C, other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. c. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, so long as such transfer is subject to this agreement. A.10 COMPLIANCE WITH OSHA STANDARDS The Lessor must (i) comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations, Part 1910, promulgated pursuant to the authority of the Occupational Safety and Health Ad of 1970; (ii) comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with (i); and (iii) take all other proper precautions to protect the health and safety of (a) any laborer or mechanic employed by the Lessor in performance of this agreement, (b) Postal Service employees, and (c) the public. The Lessor must include this clause in all subcontracts hereunder and to require its inclusion in all subcontracts of a lower tier. The tern "Lessor' as used in this clause in any subcontract must be deemed to refer to the subcontractor. A.11 EXAMINATION OF RECORDS a. The Postal Service and its authorized representatives will, until three years after final payment under this contract, or for any shorter period specified for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the contractor involving transactions related to this contract. b. The contractor agrees to include in all subcontracts under this contract a provision to the effect that the Postal Service and its authorized representatives will, until three years after final payment under the subcontract, or for any shorter specified period for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the subcontractor involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes: 1. Purchase orders; and 2. Subcontracts for public utility services at rates established for uniform applicability to the general public. A.12 CLEAN AIR AND WATER The contractor agrees; a. To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specifed in section 114 of the Clean Air Act and section 308 of the Clean Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; RETERMS (Sept. 96, vtt7, vv) A_2 UNITEDSTdTES POST/~L SERVICE. General Conditions to USPS Lease c. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and 2. The date payment otherwise would be due, if that date is later until the date of payment. h. Simple interest on claims will be paid at a rate determined in d. To insert the substance of this clause into any nonexempt accordance with the Interest clause. subcontract, including this paragraph d. A.13 CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Ad"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding 550,000 is not a claim under the Act until certified as required by subparagraph d.2 below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certifcation requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. 1 A claim by the contractor must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service againsfthe contractor is subject to a written decision by the contracting officer. 2. For contractor claims exceeding 550,000, the contractor must submit with the claim a certifcation thak (a) The claim is made in good faith; 3. (b) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and (c) The amount requested accurately reflects the contract adjustment for which the contractor believes the Postal Service is liable. (a) If the contractor is an individual, the certification must be executed by that individual. (b) If the contractor is not an individual, the certification must be executed by: (1) A senior company official in charge at the contractors plant or location involved; or (2) An officer or general partner of the contractor having overall responsibility for the conduct of the contractors affairs. e. For contractor claims of 550,000 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 550,000, the contracting officer must, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made. f. The contracting officer's decision is fnal unless the contractor appeals or files a suit as provided in the Act. g. The Postal Service will pay interest on the amount found due and unpaid from: 1. The date the contracting offcer receives the claim (properly certified if required); or i. The contractor must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The following clause inapplicable if this contract provides for payments aggregating 52,500 or more. a. The contractor may not discriminate against any employee or applicant because of physical or mental handicap, in regard to any position for which the employee or applicant is gtialified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. c. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules and regulations and relevant orders of the Secretary of Labor. d. The contractor agrees to post in conspicuous places, available to employees and applicants, notices ire a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractors obligation under the law to take affrmative action to employ and advance in employment qualified handicapped employees and applicants, and the rights of applicants and employees. e. The contractor must notify each union or worker's representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of section 503 of the Act and is committed to taking affirmative action to employ, and advance in employment, handicapped individuals. f. The contractor must include this clause in every subcontract or purchase order over 52,500 under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA If this contract provides for payments aggregating 510,000 or more, the following clause is applicable, a. The contractor may not discriminate against any employee or applicant because that employee or applicant is a disabled veteran or veteran of the Vietnam era, in regard to any position for which the employee or applicant is qualifed. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or RETERMS (Sept. 96, vtt7, W) A-3 rr~, UNITED STATES a~POSTAL SERVICE_ General Conditions to USPS Lease termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees that all suitable employment openings of the contractor existing at the time of the execution of this contrail or occurring during its performance (including those not generated by this contrail and those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates) will be listed at an appropriate local office of the State employment service system where the opening occurs. The contractor further agrees to provide such reports to the local office regarding employment openings and hires as may be required. State and local government agencies holding Postal Service contracts of 510,000 or more will also list all their suitable openings with the appropriate office of the State employment service. c. Listing of employment openings with the employment service system will be made at least concurrently with the use of any other recruitment source or effort and will involve the normal obligations attaching to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular applicant or hiring from any particular group of applicants, and nothing herein is intended to relieve the contractor from any other requirements regarding nondiscrimination in employment. d. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it must advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. The contractor may advise the State system when it is no longer bound by this clause, e. Paragraphs b, c, and d above do not apply to openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement. But this exclusion does not apply to a particular opening once the contractor decides to consider applicants outside its own organization or employerlunion arrangements for that opening. f. Definitions 1. "All suitable employment openings" includes openings that occur in the following job categories: production and non-production; plant and office; laborers and mechanics; supervisory and non- supervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than 525,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part- time employment. It does not include openings the contractor proposes to fll from within its own organization or under a customary and traditional employerlunion hiring arrangement or openings in an educational institution that are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations in which the needs of the Postal Service cannot reasonably be othewise supplied, when listing would be contrary to national security, or when the requirement of listing would otherwise not be in the best interests of the Postal Service. 2. "Appropriate office of the State employment service" means the local offce of the Federal/State national systems of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled 3. "Openings the contractor proposes to fill from within its own organization" means employment openings for which persons outside the contractors organization (including any affiliates, subsidiaries, and the parent companies) will not be considered and includes any openings the contractor proposes to fill from regularly established "recall" lists. 4. "Openings the contractor proposes to fill under a customary and traditional employer/union hiring arrangement" means employment openings the contractor proposes to fill from union halls as part of the customary and traditional hiring relationship existing between it and representatives of its employees. g. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. h. In the event of the contractors noncompliance with this clause, action may be taken in accordance with the rules, regulations, and relevant orders of the Secretary. i. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractors obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. j. The contractor must notify each union or workers' representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of the Act and is committed to taking affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. k. The contractor must include this clause in every subcontract or purchase order of 510,000 or more under this contrail unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direil to enforce in these provisions, including action for noncompliance. A.16 GRATUITIES a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the contractor or the contractor's agent or other representative: 1. Offered or gave a gratuity (such as a gift or entertainment) to an officer or employee of the Postal Service; and 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract. A.17 HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. The Lessor agrees to identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested to not be ACBM. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos or any other hazardous/toxic materials or substances as defined by applicable Local, RETERMS (Sept. 96, v1.17, bV) A-4 GGG~, UNITEDST/~TES ~POST/.1L SERVICE_ General Conditions to USPS Lease State or Federal law is subsequently identified on the premises, the Lessor agrees to remove such materials or substances upon notification by the U. S. Postal Service at Lessor's sole cost in accordance with EPA and/or State guidelines. If the Lessor fails to remove the asbestos or hazardous/toxic materials or substances, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Lessor by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Lessor certifies: 1. The property and improvements are free of all contamination from petroleum products or any hazardousttoxic or unhealthy materials or substances including friable asbestos, as defined by applicable State or Federal law. 2. There are no undisclosed underground storage tanks or associated piping on the property. The Lessor hereby indemnifies the Postal Service and its officers, agen;s, representatives, and employees from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from, brought for, or on account of any violation of this clause. A.18 ADVERTISING OF CONTRACT AWARDS Except with the contracting officefs prior approval, the contractor agrees not to refer in its commercial advertising to the fact that it was awarded a Postal Service contract or to imply in any manner that the Postal Service endorses its products. A.19 RECORDING This agreement or a memorandum hereof, must be recorded at the expense of the Lessor. Such expense includes all fees required for or incident to recording. If the Lessor fails to record the Lease, or a memorandum thereof, the Postal Service may record the Lease or a memorandum thereof, and deduct all costs associated therewith from future rents. A.20 SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. A.21 ALTERATIONS The Postal Service shall have the right to make alterations, attach fxtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. Prior to expiration or termination of this lease the Postal Service may remove such alterations and improvements and restore the premises to as good condition as that existing at the time of entering upon the same under the lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Postal Service has no control, excepted. If however, at the expiration or termination of the lease or any renewal or extension thereof, the Postal Service elects not to remove such alterations and/or improvements, said alterations and/or improvements shall become the property of the Lessor and any rights of restoration are waived. A.22 APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. A.23 DAMAGE OR DESTRUCTION OF PREMISES If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Ads of God, of a public enemy, not or insurrection or are otherwise determined by the Postal Service to be unfit for use and occupancy, the Postal Service may: a. tenninate this lease as of the date the premises become unfit for use and occupancy, or b. require the Lessor to repair or rebuild the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. For any period the premises, or any part thereof, are unft for use and occupancy, the rent will be abated in proportion to the area determined by the Postal Service to be untenantable. Unfitness for use does not include unsuitability arising from such causes as design, size, or location of the premises, or c. accomplish all repair necessary for postal occupancy and deduct all such costs, plus administrative burden from future rents. A.24 LESSOR OBLIGATIONS The Lessor's obligations regarding the services to be provided are further defined as follows: a. If heating system and fuel are furnished -Lessor must furnish heating system together with all fuel required for proper operation of the system during the continuance of the Lease. The system must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. b. If heat is furnished - Lessor must maintain a unifonn heating temperature of 65 degrees F. in all enclosed portions of the demised premises during the continuance of the Lease. c. If heating system is furnished -Lessor must fumish heating system in good working order and, if maintained by Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. d. If lighting fixtures and power are furnished -Lessor must provide light fixtures in good working order as well as pay all recurring electric bills. e. If light fixtures are furnished -Lessor must provide light fiMures in good working order. f. If electricity is furnished -Lessor must pay for all recurring electric bills and furnish the electrical system during the continuance of the Lease. g. If electrical system is furnished -Lessor must furnish an electrical system in good working order having a separate electrical meter. h. If water system and water are furnished -Lessor must furnish a water system in good working order and pay for all recurring water bills during the continuance of the Lease. i. If water system is furnished -Lessor must fumish a water system in good working order with separate water meter. j. If sewerage service is furnished -Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines and related devices, as necessary and to pay all RETERMS (Sept. 96, vt.t7, ~ A-5 UNITED STATES POSTAL SERVICE_ General Conditions to USPS Lease charges, fees and other costs for such system and services during the continuance of the Lease. k. If sewerage system is furnished -Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines, and related devices, as necessary during the continuance of the Lease. I. Future Availability of Public Water and/or Sewerage Services - Regardless of Lessor's responsibility for water and/or sewerage under this Lease, if public water and/or sewerage services are not currently available, but become available in the future, the Lessor agrees to accomplish connection, maintain, and pay all fees and costs involved in connecting the building system to the public water and/or sewerage systems. After connection, the Postal Service agrees to pay recuring charges for water consumption and use of sewerage services. If connection of such services is optional, the Postal Service will determine if the connection is to be made by the Lessor. m. If air-conditioning equipment and operating power are provided - Lessor must furnish air-conditioning equipment together with all power required for proper operation of the equipment during the continuance of the Lease. The equipment must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. n. If air-conditioning equipment is furnished -Lessor must furnish air conditioning equipment in the demised premises in good working order and, if maintained by Lessor, will be maintained in accordance with the Maintenance Rider included attached hereto. o. If air-conditioning is furnished -Lessor must maintain a uniform temperature of no greater than 78 degrees F. in all enclosed portions of the demised premises and be responsible for servicing of the air conditioning equipment including, but not limited to, the replacement of necessary filters and refrigerant as required for proper operation of the equipment together with power, water and other services for its operation. A.25 LESSOR'S SUCCESSORS The terms and provisions of this Lease and the conditions herein are binding on the Lessor, and all heirs, executors, administrators, successors, and assigns. A.26 DRUG-FREE WORKPLACE a. Applicability. This clause applies to all contracts with individuals without regard to the dollar amount, and to all other contracts over 550,000. b. Exceptions. This clause does not apply td those contracts that are to be performed completely outside of the United States, its territories, and possessions. c. Definitions. As used in this clause: 1. "Controlled substance" means those substances identified in schedules I through V, Section 202 of the Controlled Substances Act (21 U.S.C. 612), and as further defined in 21 CFR Sections 1308.11 through 1308.15. 2. "Conviction" means a finding of guilt (including a finding based on a plea of guilty or a plea of nolo contender) by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 3. "Criminal drug statute" means a federal or non-federal criminal statute involving dmn ahucP 4. "Drug abuse" means the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. 5. "Employee" means any person directly engaged in the performance of work under a Postal Service contract. 6. "Individual" means a contractor with no employees other than himself or herself. 7. "Workplace" means any site where work is being done in connection with this contract. d. Requirements 1. Contractors, except as individuals, must provide a drug-free workplace by: (a) Publishing„publicly posting, and furnishing each employee a statement that drug abuse in the workplace is prohibited and specifying what actions will be taken against employees for violations of the prohibition; (b) Establishing adrug-free awareness program to inform, all employees about: (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Notifying all employees that, as a condition of continued employment on this contract, the employee must: (1) Abide by the contractor's prohibition of drug abuse in the workplace; and (2) Notify the contractor of any criminal drug conviction for a violation occurring in the workplace within five (5) days of such conviction; (d) Notifying the contracting officer within ten (10) days of receiving a notice of a conviction from an employee or otherwise; (e) Instituting appropriate personnel action, up to and including termination, against an employee or requiring the employee to complete a drug abuse assistance or rehabilitation program approved by a Federal, State, local health, taw enforcement, or other appropriate agency within thirty (30) days of receiving a notice of conviction; and (f) Making consistent and good faith efforts to maintain adrug- free workplace through implementation of paragraphs d.t.(a) through d.1.(e), above. 2. The contractor, if an individual, must not engage in drug abuse in the performance of this contract. e. Sanctions. Violation of the terms of this clause may be grounds for the termination for default, and suspension or debarment from eligibility for future Postal Service contracts. A.27 DAVIS-BACON ACT The following is applicable if this agreement covers premises of net interior space in excess of 6,500 square feet and involves construction work over $2,000.00. a. Minimum Wages 1. All mechanics and laborers employed in the contract work (other than maintenance work of a recurring, routine nature necessary to keep the building or space in condition to be continuously used at an established capacity and effciency for its intended purpose) must be RETERMS (Sept. se, vtT7, lnq A-6 UNITED STdTES hosT~t sErzvicE General Conditions to USPS Lease paid unconditionally, and not less than once a week, without deduction or rebate (except for deductions permitted by the Copeland Regulations (29 CFR Part 3)), the amounts due at the time of payment computed at rates not less than the aggregate of the basic hourly rates and rates of payments, contributions, or costs for any fringe benefits contained in the wage-determination decision of the Secretary of Labor, attached hereto, regardless of any contractual relationship alleged to exist between the Lessor, or subcontractor and these laborers and mechanics. A copy of the wage-determination decision must be kept posted by the Lessor at the site of the work in a prominent place where it can easily be seen by the workers. 2. The Lessor may discharge its obligation under this clause to workers in any classification for which the wage-determination decision contains: (a) Orly a basic hourly rate of pay, by making payment at not less than that rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or (b) Both a basic hourly rate of pay and fringe-benefit payments, by paying in cash, by irrevocably contributing to a fund, plan, or program for, or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by 40 U.S.C. 276a, or by a combination of these. 3. Contributions made, or costs assumed, on other than a weekly basis (but not less often than quarterly) are considered as having been constructively made for a weekly period. When a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Lessor pays a cash equivalent or provides an alternative fringe benefit, the Lessor must furnish infomtation with the Lessors payrolls showing how the Lessor determined that the cost incurred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage-determination fringe benefits. When the Lessor provides a fringe benefit different from that contained in the wage determination, the Lessor must show how the hourly rate was arrived at. In the event of disagreement as to an equivalent of any fringe beneft, the contracting officer must submit the question, together with the contracting offcer's recommendation, to the Secretary of Labor for final determination. 4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as payment of wages the costs reasonably anticipated in providing bona fide fringe benefits, but only with the approval of the Secretary of Laboi pursuant to a written request by the Lessor. The Secretary of Labor may require the Lessor to set aside assets in a separate account, to meet the Lessor's obligations under any unfunded plan or program. 5, The contracting officer will require that any class of laborers or mechanics not listed in the wage-determination but to be employed under the contraC will be classified in conformance with the wage- determination and report the action taken to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210-0001, for approval. The contracting officer will approve an additional classification and wage rate and fringe benefits therefor only if: (a) The work to be performed by the classification requested is not performed by a classifcation in the wage-determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 6. If the Lessor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate and fringe benefits therefor, the contracting officer must submit the question, together with the views of the interested parties and the contracting officeYS recommendation, to the Wage and Hour Administrator for final determination. The Administrator or authorized representative will, within 30 days of receipt, approve, modify, or disapprove every proposed additional classification action, or issue a final determination if the parties disagree, and so advise the contracting officer or advise that additional time is necessary. The final approved wage rate (and fringe benefits if appropriate) must be paid to all workers performing work in the classification under the contract from the first day work is performed in the classification. The Lessor will post a copy of the final determination of the conformance action with the wage-determination determination at the site of the work. (The Department of Labor information collection and reporting requirements contained in subparagraph a.5 above and in this subparagraph a.6 have been approved by the OfFce of Management and Budget under OMB control number 1215-0140.) b. Apprentices and Trainees 1. Apprentices may be permitted to work only when (a) registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, or (b) if not individually registered in the program, certifed by the Bureau of Apprenticeship and Training or State agency (as appropriate) to be eligible to work only if individually registered in a program approved by the Employment and Training Administration, U.S. Department of Labor. 2. The ratio of apprentices to journeymen or trainees to journeymen in any craft classification must not be greater than that permitted for the Lessor's entire work force under the registered apprenticeship or trainee program. Apprentices and trainees must be paid at least the applicable wage rates and fringe benefts specifed in the approved apprenticeship or trainee program for the particular apprentice's or trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage- determination. If the apprenticeship or trainee program does not specify fringe benefits, apprentices or trainees must be paid in the full amount of fringe benefits listed on the wage-determination for the applicable classification unless the Administrator of Wage and Hour Division determines that a different practice prevails. Any employee listed on a payroll at an apprentice or trainee wage rate not registered, or performing work on the job site in excess of the ratio permitted under the registered program, must be paid the wage rate on the wage determination for the classifcation of work actually performed. 3. If the Bureau of Apprenticeship and Training or State agency recognized by the Bureau (as appropriate) withdraws approval of an apprenticeship program, or if the Employment and Training Administration withdraws approval of a trainee program, the contractor will no longer be permitted to utilize apprentices or trainees (as appropriate) at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (See 29 CFR 5.16 for special provisions that apply to training plans approved or recognized by the Department of Labor prior to August 20, 1975.) 4. The utilization of apprentices, trainees, and journeymen must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. c, Overtime Compensation 1. The Lessor may not require or permit any laborer or mechanic employed on any work under this contract to work more than 40 RETERMS (Sept. ss, vtt7, ~ A_7 ~, UN/TEDSTi]TES General Conditions to USPS Lease POST/]L SERVICE- hours in any workweek on work subject to the provisions of the Contrail Work Hours and Safety Standards Act (40 U.S.C. 327-333), unless the laborer or mechanic receives compensation at a rate not less than one-and-one-half times the laborers or mechanic's basic rate of pay for all such hours worked in excess of 40 hours. 2. For violations of subparagraph c.1 above, the Lessor is liable for liquidated damages, which will be computed for each laborer or mechanic at 510 for each day on which the employee was required or permitted to work in violation of subparagraph c.1 above. 3. The contracting officer may withhold from the Lessor sums as may administratively be determined necessary to satisfy any liabilities of the Lessor for unpaid wages and liquidated damages pursuant to subparagraph c.2 above. d Payroll and Other Records ? For all laborers and mechanics employed in the work covered by this clause, the Lessor must maintain payrolls and related basic records and preserve them for a period of three years after contrail completion. The records must contain the name, address, and social security number of each employee, the employee's correct classification, rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), the daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Lessor has obtained approval from the Secretary of Labor to assume a commitment to bear the cost of fringe benefits under subparagraph a.4 above, the Lessor must maintain records showing the commitment and its approval, communication of the plan or program to the employees affected, and the costs anticipated or incurred under the plan or program. Lessors employing apprentices or trainees under approved programs must maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2. The Lessor must submit weekly, for each week in which any work covered by this clause is performed, a copy of all payrolls tc the contracting officer. The Lessor is responsible for the submission of copies of payrolls of all subcontractors. The copy must be accompanied by a statement signed by the Lessor indicating that the payrolls are correct and complete, that the wage rates contained in them are not less than those determined by the Secretary of Labor, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic pertortned. Submission of the Weekly Statement of Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this agreement satisfies this requirement. As required by this clause, the Lessor must submit a copy of any approval by the Secretary of Labor. (The Department of Labor information collection and reporting requirements in this subparagraph d.2 have been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) 3. The Lessors records required under this clause must be available for inspection by authorized representatives of the contracting officer and the Department of Labor, and the Lessor must permit the representative to interview employees during working hours on the job. 4. The Lessor must comply with the Copeland Regulations of the Secretary of Labor (29 CFR Part 3), which are hereby incorporated in this contract by reference. e. Withholding of Funds. The contracting officer may withhold from the Lessor under this or any other contract with the Lessor so much of the accrued payments or advances as is considered necessary to pay all laborers and mechanics the full amount of wages required by this contract or any other contract subject to the Davis-Bacon prevailing wage requirements that is held by the Lessor. f. Subcontracts 1. If the Lessor or any subcontractor fails to pay any laborer or mechanic employed on the site of the work any of the wages required by the contract, the contracting officer may, after written notice to the Lessor, suspend further payments or advances to the Lessor until violations have ceased. A.28 BANKRUPTCY In the event the Lessor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Lessor will famish, by certified mail, written notification of the bankruptcy to the contracting officer responsible for administering the contract. The not cation must be famished within five days of the initiation of the bankruptcy proceedings. The notification must include the date on which the bankruptcy petition was filed, the court in which the petition was filed, and a list of Postal Service contracts and contracting officers for all Postal Service contracts for which final payment has not yet been made. This obligation remains in effect until final payment under this contract. RETERMS (Sept. 96, vt17, ~ q_g GG, UNITEDST/~TES ~POST/1L SERVICE Representations and Certifications SECTION B 6.1 TYPE OF BUSINESS ORGANIZATION The offeror, by checking the applicable blocks, represents that it: a. Operates as ~ a corporation incorporated under the laws of the State of ~Sr70u- lr 1 ^ an individual, ^ a partnership, ^ a joint venture, ^ anon-profit organization, or ^ an educational institution; and b. Is a ^ small business concern, ^ minority-owned business, ^ woman-owned business, ^ labor surplus area concem, ^ educational or other non-profit organization, or (g none of the above entities. c. SMALL BUSINESS CONCERN. A small business concern for the purposes of Postal Service procurement is a concem, including its affiliates, which is independently owned and operated, is not dominant in the field of operations in which it is submitting an offer, and is of a size consistent with the standards set forth by SBA in CFR Part 121, or if no standard has been established, then of a size employing not more than 500 employees. (Also see USPS Procurement Manual, Chapter 10, Section 1.) d. MINORITY-OWNED BUSINESS. A minority-owned business is a concem that is at least 51 percent owned by, and whose management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged minority group, namely U.S. citizens who are black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans. ("Native Americans" means American Indians, Eskimos, Aleuts, and native Hawaiians. "Asian-Pacific Americans" means those whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands, the Northern Marianas Islands, Laos, Kampuchea, or Taiwan. "Asian-Indian Americans" means those whose origins are in India, Pakistan, or Bangladesh.) e. WOMAN-OWNED BUSINESS. A woman-owned business is a business which is at least 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management. f. LABOR SURPLUS AREA. A geographical area which at the time of award is either a section of concentrated unemployment or underemployment, apersistent labor surplus area, or a substantial labor surplus area, as defined in this paragraph. 1. Section of concentrated unemployment or underemployment means appropriate sections of States or labor areas so classified by the Secretary of Labor. 2. Persistent labor surplus area means an area which is classified by the Department of Labor as an area of substantial and persistent labor surplus (also called Area of Substantial and Persistent Unemployment) and is listed as such by that Department in conjunction with its publication, Area Trends in Employment and Unemployment. 3. Substantial labor surplus area means an area which is classified by the Department of Labor as an area of substantial labor surplus (also called Area of Substantial Unemployment) and which is listed as such by that Department in conjunction with its publication, Area Trends in Employment and Unemployment. g. LABOR SURPLUS AREA CONCERN. A firm which will perform or cause to be performed a substantial proportion of a contract in a labor surplus area. h. EDUCATIONAL OR OTHER NON-PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private shareholder or individual. 6.2 PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER a. A parent company is one that owns or controls the basic business policies of an offeror. To own means to own more than 50 percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or otherwise. b. Enter the offeror's Taxpayer Identifcation Number (fIN) in the space provided. The TIN is the offeror's Social Security Number or other Employee Identification Number used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941. Offerors TIN: c. ^ Check this block if the offeror is owned or controlled by a parent company. REREPS (JdO. lass) B'1 r~, UNITEDST/~TES POST/dL SERVICE- Representations and Certifications d. If the block above is checked, provide the following information about the parent company: Parent Company's Name: Parent Company's Main Office Address: No. and Street: City: State: _ Zip Code: Parent Company's TIN: e. If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group: Name of Common Parent: Common Parent's TIN: B.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION a. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own organization, that in connection with this solicitation: 1. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor; 2. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or indirectly to any other offeror or to any competitor; and 3. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition. b. Each person signing this proposal certifies that: 1. He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or 2. He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to paragraph a above. c. Modification or deletion of any provision in this certificate may result in the rejection of the proposal as unacceptable. Any modification or .deletion should be accompanied by a signed statement explaining the reasons and describing in detail any disclosure or communication. B.4 CONTINGENT FEE REPRESENTATION a. The offeror must complete the following representations: 1. The offeror ^ has ~ has not employed or retained any company or person (other than afull-time bona fide employee working solely for the offeror) to solicit or secure this contract. 2. The offeror ^ has ~ has not paid or agreed to pay any company or person (other than afull-time bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee, contingent upon or resulting from the award cf this contract. b. If either representation is in the affirmative, or upon request of the contracting officer, the offeror must furnish, in duplicate, a completed Form 7319, "Contractor's Statement of Contingent or Other Fees," and any other information requested by the contracting officer. If the offeror has previously furnished a completed Form 7319 to the office issuing this solicitation, it may accompany its proposal with a signed statement-- 1. Indicating when the completed form was previously furnished; 2. Identifying the number of the previous solicitation or contract, if any, in connection with which the form was submitted; and 3. Representing that the statement on the form is applicable to this proposal. REREPS (Jan. lees) B-2 G~, UNITEDST/dTES POSTAL SERVICE_ Representations and Certifications c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause. B.5 CERTIFICATION OF NONSEGREGATED FACILITIES a. By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contrail. b. As used in this certification, "segregated facilities" means any waiting rooms, work areas, rest rooms or wash rooms, restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. c. The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause; that it will retain these certifications in its files; and that it will forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific time periods). NOTICE A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exempt from the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (quarterly, semiannually, or annually). B.6 CLEAN AIR AND WATER CERTIFICATION a. This certification applies only if (1) the offer exceeds $100,000, (2) the offer is for an indefinite-quantity and indicates that orders for estimating quantities will exceed $100,000 in any year, (3) a facility to be used is listed on the EPA List of Violating Facilities because of a criminal conviction, or (4) the contract is not otherwise exempt. b. The offeror (1) certifies, by checking the applicable box, that any facility to be utilized in the performance of the proposed contract ^ is, ^ is not listed on the Environmental Protection Agency List of Violating Facilities as of the date of this proposal, and (2) agrees to notify the contracting officer promptly if any communication is received from the Environmental Protection Agency before contract award indicating that any such facility is under consideration for inclusion on the list. 6.7 LEASES BETWEEN THE POSTAL SERVICE AND ITS EMPLOYEES, CONTRACT EMPLOYEES, OR BUSINESS ORGANIZATIONS SUBSTANTIALLY OWtrED t,?R CONTROLLED BY POSTAL SERVICE EMPLOYEES OR CONTRACT EMPLOYEES By submitting this proposal, the offeror certifies that the offeror ^ is, ~, is not an employee, a personal service contract employee or a member of the immediate family of a Postal Service employee or personal service contract employee OR a business organization (partnership, corporation, joint venture, etc.) substantially owned or controlled by a Postal Service employee, a personal service contract employee, or a member of the immediate family of a Postal Service employee or personal service contract employee. "Immediate family" means spouse, minor child or children, and other individuals related to the employee by blood who are residents of the employee's household. REREPS (.ran. lees) B-$ G, UNITED STATES POSTAL SERVICE_ Construction Rider - NCL FacilityName/Location KANSAS CITY - RIVERSIDE BRANCH (284218-127) X KANSAS CITY, MO 64168-9998 PLATTE COUNTY Project: 243266 1. The property leased will contain areas and spaces, improvements and appurtenances furnished as provided in accordance with Postal Service drawing(s), specifications, details and handbooks, including but not limited to Handbook RE-4, Standards for Facility Accessibility by the Physically Handicapped (dated April 19, 1985): Construction Drawings & SSBD Project Manual dated November 1998 by Webster s Gentry Architects, drawing pages numbered, B& T Survey, T1.1,C 1.1, C1.2, C1.3, C2.2,C2.3,A1.1,A1.2,A1.3,A1.4,A1.S,A2.1,A3.1,A4.1,A4.2,A4.3,A4.4,A4.9,AS.1,AB.2A6.1, A6.2, A6.3,A6,9,A6. S, A6.6,A 6.7, A7. 1, A7. 2, A7.3, A7.4, S1.1, 51. 2, MEP1. 1, P1.1, M1. 1, E1.1, E1 .2, E1.2 ,E1.3, E1.9, E1.9. which are made a part of this Lease. 2. The Offeror agrees that: a. Said building and/or said improvements, additions, repairs or remodeling shall be completed to the satisfaction of the Postal Service no later than 176 calendar days nor before 6o calendar days after written notice to proceed is given by the Contracting Officer. b. If this Lease is submitted in response to a solicitation for proposals to construct a facility on a site to be acquired from the Postal Service by purchase or ground lease, or by assignment of ground lease, to conclude such purchase or ground lease, or accept assignment of an Assignable Ground Lease, within thirty (30) days from the date of acceptance of this Lease by the Postal Service. If this Lease is submitted in response to a solicitation for proposals to construct a facility on a site on which the Postal Service holds an Assignable Option to Purchase or Ground Lease, to accept an assignment of such option and to exercise same in accordance with its terms within thirty (30) days from the date the Postal Service assigns the option to the offeror or prior to the expiration date of the option, whichever is sooner. The offeror shall record and furnish the Postal Service a copy of the conveyance or ground lease immediately upon its receipt by the offeror. c. If Performance and Labor and Material Payment Bonds are required, to submit such bonds within twenty (20) days after acceptance of this Lease by the Postal Service. d. This offer shall be binding on the offeror and irrevocable if accepted by the Postal Service within a period of so days following the date specifed for the receipt of proposals. If no such date has been specified, this Lease shall be binding on the offeror and irrevocable if accepted by the Postal Service within 60 days from the date of execution hereof by the offeror. 3. It is hereby agreed by all parties to this Lease that the fixed term and rent will commence the first day following acceptance by the Postal Service of the completed building and/or any contemplated improvements, additions, repairs or remodeling. Said commencement date will be inserted in the Lease by the Contracting Officer. A copy of the Lease, with the inserted commencement date shall be sent to the Lessor. This Lease will be recorded by the Lessor in accordance with section A.19 of the Lease. 4. The provisions of this Construction Rider, including any and all drawings, specifcations, details, handbooks and other attachments made a part of the Lease, hereunder, shall govern in the event of conflict with any other terms and conditions of the Lease. 5. The provisions in paragraph A.9, Assignment of Claims, notwithstanding, this Lease may not be assigned or ownership of the property transferred before commencement of the fixed term, without the prior written consent of the Postal Service. 6. TERMINATION FOR DEFAULT -DAMAGES FOR DELAY -TIME EXTENSIONS a. If the contractor refuses or fails to acquire, the site, if applicable, or to prosecute the work with such diligence as will ensure its completion within the time specifed in this contract, or any extension thereof, or fails to complete said work within such time, the Postal Service may, by written notice to the contractor, terminate his right to proceed with the work. Whether or not the contractor's right to proceed with the work is terminated, he and his sureties are liable for any damage to the Postal Service resulting from his refusal or failure to complete the work within the specified time. b. The contractors right to proceed shall not be so terminated nor the contractor charged with resulting damage 'rf: (1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the contractor, including but not restricted to acts of God, acts of the public enemy, ads of Government in either its sovereign or contractual capacity. ads of another contractor in the performance of a contrail with the Postal Service, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the contractor and such subcontractors or suppliers; and (2) The contractor, within 10 days from the beginning of any such delay (unless the contracting officer grants a further period of time before completion and acceptance under the contract), notifies the contracting officer in writing of the causes of delay. c. The contracting offcer must ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fads justify such an extension, and his fndings of fad shall be final and conclusive on the parties, subject to appeal as provided in the clause of this contrail entitled "Claims and Disputes." Pending final decision on an extension of time hereunder, the contractor must proceed diligently with the performance of the contract and in accordance with the contracting offcer's decision. Inability to comply with state, city, or local construction or zoning laws or ordinances, or with restrictive covenants, shall not normally be regarded as an unforeseeable cause. d. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies which may be available to the Postal Service by law or under this agreement. RECONS (,Ian. 7essi C.-~ G~, UNITED ST/.1TES POSTi]L SERVICE- 7. INSPECTION a. The Lessor must, without charge, replace any material, correct any workmanship or supply omitted work found by the Postal Service not to comply with the contract requirements, unless in its interest the Postal Service consents to accept such material or workmanship or omitted work with an appropriate adjustment in the rental. b. The premises and building must be accessible for inspection by the authorized representative of the contracting officer to determine whether contractual requirements are being met during construction and/or acceptance inspection of construction of the facility. Failure of the Postal Service to identify deficient work or materials shall not shift the responsibility for correction of such deficient work or materials to the Postal Service. c. If the Lessor does not replace rejected material, correct rejected workmanship, or supply omitted work, then in addition to any other remedies available to it, the Postal Service may, by contract or otherwise, replace such material or workmanship, or supply such omitted work and charge the cost thereof to the Lessor by a deduction from the rentals as they accrue. d. In the absence of a specific agreement, time allowed for completion of any work required under the provisions of this paragraph is limited to thirty (30) days. e. The Lessor must give the contracting offcer at least thirty (30) days advance written notice of the date the work will be fully completed and ready for acceptance inspection and tests; the Lessor shall be charged with any additional costs of inspection when material and workmanship are not ready at the time specified by the Lessor for its inspection. 6. STORAGE OF EQUIPMENT The Postal Service may, without additional compensation, store, assemble, and install Postal Service-owned furnishings and equipment in the premises at any time prior to completion date. Such action by the Postal Service shall not be construed as constituting occupancy under the Lease. Such action must be accomplished in a manner which will not unreasonably interfere with the lessor's completion of work under this agreement. 9. PAYMENT FOR LABOR AND MATERIALS The Lessor agrees to post at the job site in a prominent place, a photostat or certified copy of the bond, where it can easily be seen by all persons who have furnished, or have been requested to furnish labor, material, or both, used or reasonably required for use in the performance of this agreement. 10. LICENSES, PERMITS, SAFETY, INDEMNIFICATION a. The offeror is, without additional expense to the Postal Service, responsible for identifying and complying with zoning requirements, if applicable, obtaining any necessary licenses and permits required for privately owned buildings, and for complying with any applicable federal, state, and municipal laws, codes, and regulations, in connection with [he performance required under or related to this contract. The contractor must take proper safety and health precautions to protect the work, the workers, the public and the property of others. The contractor is responsible also for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction that may have been accepted. b. The offeror agrees to indemnify and hold harmless, the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense and/or liability, Construction Rider - NCL including the cost of defense, resulting from, brought for, or on account of any personal injury or death or property damage received or sustained by any persons or property, growing out of, occurring, or attributable to any work performed under or related to this contract. 11. COMPLIANCE BY STATES WITH LABOR STANDARDS The offeror agrees to comply with the Contrail Work Hours and Safety Standards Ad -Overtime Compensation and Davis-Bacon Act Causes of this contract, and with applicable OSHA standards, to provide for similar compliance in subcontracts with States or political subdivisions thereof, and to insert the clauses in all subcontracts with private persons or frets, 12. SITE Offerors must examine the site and be thoroughly acquainted with conditions thereon. The Lessor will be responsible for site conditions including but not limited to subsurface or latent physical conditions or unknown physical conditions of an unusual nature differing materially from those ordinarily encountered. 13. BONDS No work or services under this contract may be commenced until required bonds have been furnished and the Lessor has received written notice from the Contracting Officer that the bonds are acceptable; provided, however, that if this agreement provides far assignment to the Lessor of an option to purchase, and if the option would expire prior to the Lessor's submission of bonds and receipt of notice of acceptability, and if the option cannot be extended then the option may be assigned prior to the Lessor's submission of bonds and receipt of notice of acceptability and the Lessor must exercise the option timely and remain obligated to furnish acceptable bonds within the time limit specified in this agreement. 14. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract will not be subject to the Claims and Disputes clause of this contrail. Such disputes must be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Lessor (or any of the Lessor's subcontractors) and the contracting agency, the U. S. Department of Labor, or the employees or their representatives. 15. SAFETY AND HEALTH STANDARDS a. Materials, supplies, articles, or equipment manufactured or furnished under this contract or order must conform to the Occupational Safety and Health Standards (29 CFR 1910) pursuant to authority in the Occupational Safety and Health Act of 1970 (OSHA), and to other safety and health requirements specified in this contract or order. b. If no OSHA standard exists, federal or other nationally recognized standards apply. Copies of current Occupational Safety and Health Standards are available from regional and/or area offices of the U. S. Department of Labor, Occupational Safety and Health Administration. c. If this contract or order contains a Postal Service standard and an OSHA standard covering the same general area of applicability, the Postal Service standard governs and takes precedence, unless the OSHA standard contains more rigorous or stringent safety requirements, in which case the OSHA standard governs and takes precedence. d. Upon delivery of the first article under the contract or order, cr if none, upon delivery of the first production quantity, the contractor must execute a certification in a form acceptable to the contracting offcer, RECONS (.Ian. 1x551 C+-Z rr UNITEDSTdTES ~POSTdL SERVICE_ Construction Rider - NCL attesting to the conformance of the delivered items to the requirements of this clause. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME COMPENSATION If this contract provides for payments aggregating 52.000 or more, the requirements of this clause apply.. a. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work may require or permit any laborer or mechanic to work more than 40 hours in any workweek on work subject to the provisions of the Contrail Work Hours and Safety Standards Act, unless the laborer or mechanic receives compensation at a rate not less than one-and-one-half times the laborer's or mechanic's basic rate of pay for all such hours worked in excess of 40 hours.. b. Violation, Liability /or Unpaid Wages, and Liquidated Damages. In the event of any violation of paragraph a above, the contractor and any subcontractor responsible for the violation are liable to any affected employee for unpaid wages. The contractor and subcontractor are also liable to the Postal Service for liquidated damages, which will be computed for each laborer or mechanic at 510 for each day on which the employee was required or permitted to work in violation of paragraph a above. c. Withholding for Unpaid Wages and Liquidated Damages. The contracting officer may withhold from the contractor, from any moneys payable to the contractor or subcontractor under this or any other contrail with the same prime contractor, or any other federally-assisted contrail subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, sums as may administratively be determined necessary to satisfy any liabilities of the contractor or subcontractor for unpaid wages and liquidated damages pursuant to paragraph b above. d. Records. The contractor or subcontractor must maintain for three years from the completion of the contract for each laborer and mechanic (including watchmen and guards) working on the contract payroll records which contain the name, address, social security number, and classification(s) of each such employee, hourly rates of wages paid, number of daily and weekly hours worked, deductions made, and actual wages paid. The contractor or subcontractor must make these records available for inspection, copying, or transcription by authorized representatives of the contracting officer and the Department of Labor, and must permit such representatives to interview employees during working hours on the job. (The Department of Labor information collection and recordkeeping requirements in this paragraph d have been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) e. Subcontracts. The contractor must insert paragraphs a through d of this clause in all subcontracts, and must require their inclusion in all subcontracts at any tier. 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- SAFETY STANDARDS a. To the extent that the work includes construction, alteration, repair, painting, or decorating, the Lessor may not require any laborer or mechanic to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to the laborers or mechanic's health or safety, as provided under standards promulgated by the Secretary of Labor under the authority of 40 U.S.C. 333 (see 29 CFR 1910 and 1926). b. If the lessor fails to comply with this clause, the Postal Service, at its discretion, may cancel this Lease, contract for the balance of the work or term, and charge to the Lessor any additional costs incurred. c. The lessor agrees to insert this clause, including this paragraph c. in all subcontracts and to require its inclusion in all subcontracts at any tier. The term "Lessor," as used in this clause in any subcontract, is deemed to refer to the lower-tier subcontractor. 18. OMISSIONS AND DEFECTS If omissions and defects from the contrail requirements and approved construction plans remain in the facility on the scheduled Postal Service date of beneficial occupancy, the Postal Service may take benefcial occupancy and notify the offeror in writing of the obligation to complete or correct the remaining deficiencies or defects by a designated date. The offeror must complete or correct the omissions or defects by the designated date or the Postal Service may corcect the omissions or defects and deduct the costs thereof from future rental due. If the Postal Service has maintenance responsibilities under this Lease, prior to Postal Service assumption of maintenance responsibility for the leased facility, the Lessor is responsible for correilinglcompleting all maintenance deficiencies/defects. 19. CONVICT LABOR In connection with the work under this contract, the contractor agrees not to employ any person undergoing sentence of imphsonment, except as provided by Public Law 89-176, September 10, 1965 (16 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973. 20. WARRANTY (CONSTRUCTION) a. If the Postal Service has maintenance responsibility under a maintenance rider, the Lessor warrants that all work will be free from defective or inferior materials, equipment, and workmanship. b. If, within one year of acceptance for beneficial occupancy by the Postal Service, the contracting officer f nds that warcanted work needs to be repaired or changed because materials, equipment, or workmanship were inferior, defective, or not in accordance with the contract terms, the Lessor must promptly and without additional expense to the Postal Service: 1. Place in a satisfactory condition all of the wa«anted work; 2. Satisfactorily correct all damage to equipment, the site, the building, or its contents that is the result of such unsatisfactory work; and 3. Satisfactorily correct any work, materials, or equipment disturbed in fulfilling the warranty. c. Should the Lessor fail to proceed promptly in accordance with the warcanty, the Postal Service may have the work perforcned and deduct the cost thereof from future rental payments. d. The Lessor must obtain each transferable guarantee or warranty of equipment, materials, or installation furnished by any manufacturer, supplier, or installer in the ordinary course of the business or trade. The Lessor must obtain and furnish to the Postal Service all information required to make any such guarantee or warranty legally binding and effective, and must submit both the information and the guarantee or warcanty to the Postal Service in sufficient time to percnit the Postal Service to meet any time limit requirements specified in the guarantee or warranty or, if no time limit is specified, before completion and acceptance of all work under this contract. 21. SPECIFICATIONS AND DRAWINGS a. The contractor must keep, at the site, copies of the drawings and specifcations and must at all times give the Contracting Officer access RECONS (.Ian. 1885) C'-3 rr-, UNITEDSTdTES ~POSTi]L SERVICE_ Construction Rider - NCL to them. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, is of like effect as if shown or mentioned in both. In case of difference between drawings and specifcations, the specifications will govern. b. In case of difference between small- and large-scale drawings, the large-scale drawings will govern. Schedules on any contrail drawing will take precedence over conflicting information on that or any other contrail drawing. On any of the drawings in which a portion of the work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out will apply also to all other like portions of the work. c. When the word "similar' appears on drawings, it has a general meaning and must not be interpreted as meaning identical, and all details must be worked out in relation to their location and connection with other parts of the work. d, In case of discrepancy either in figures or drawings or specifications, the matter must be promptly submitted to the Contracting Officer, who will promptly make a determination in writing. Any adjustment by the contractor without such a determination will be at the contractor's own risk and expense. The Contracting Officer must furnish from time to time such detailed drawings and other information as may be necessary. 22. DESIGN AND APPROVAL REQUIREMENTS a. Unless otherwise exempted within this contract, the Lessor must employ the services of an architect-engineer, who is licensed to practice in the state in which the facility is located, to prepare for the approval of the Postal Service, complete specifications and working drawings including architectural, structural, mechanical, electrical and site improvement work for the construction of the facility in accordance with all requirements included in this agreement. All final drawings must bear the appropriate registration seal. All fees or charges required for architect/engineer services, for necessary permits or approvals, for connection charges, or for similar fees incidental to construction of the facility must be at Lessors sole cost and expense. b. All submissions required for approval by the Postal Service must be correlated, checked and signed by a responsible official of the architect- engineers firm and must be accompanied by a certifcation in the following format: "1 certify that all phases of this project (1) have been coordinated and checked for accuracy, (2) are complete in accordance with all applicable requirements, and (3) are in compliance with local building cotles and Postal Service requirements." c. All improvements, including new building(s) and all appurtenances thereto, must be designed and constructed in conformity with all applicable local laws, ordinances, and regulations which relate to construction, safety and sanitation or, in the absence of such codes, ordinances or regulations, in conformity with one of the following codes: Southern Building Code Congress; Southern Standard Building Code, International Conference of Building Officials; Uniform Building Code; Building Officials Conference of America, Inc., or Basic Building Code. The final drawings must be signed and sealed by the architeil~ngineer with this statement: 'This building has been designed and must be constructed in strict accordance with the building (regulations) (code) dated d. The minimum requirements established by this agreement must not be construed as lowering the standards established by the local, county, or state laws, ordinances, or regulations. When such local, county or state requirements are more stringent than the minimum requirements set forth in this agreement, the more stringent requirements must govern. e. Approval by the Postal Service of any drawings and specifications constitutes approval of general arrangement only and is not to be construed as waiving or changing any requirements set forth in this agreement unless a deviation, waiver or other change is specifically identified and approved by the contracting officer. f. The Lessor must be responsible, in all cases, for the proper design and coordination of architecturat, structural, plumbing, electrical, heating, ventilation, air conditioning, site elements, etc., for the facility, g. Unless otherwise specified, no construction activity at the site may be commenced until the Lessor has received written notice from the contracting officer of approval of final drawings and specifications. Changes or modifications which may be required during construction must be approved in writing by the contracting officer prior to proceeding with such changes. RECONS Clan. teas) C-4 G, UNITED STATES POSTAL SERVICE_ Maintenance Rider USPS Responsibility (Partial) a. If the Postal Service is assuming maintenance responsibility for the demised premises for the first time, the Lessor must correct all maintenance deficiencies and obtain a written certification from a professional HVAC firm that the heating, ventilating and air conditioning systems have been maintained and are in proper working condition. The Lessor will remain responsible until all deferred maintenance work has been completed to the satisfaction of the Postal Service and Postal Service is in receipt of and accepts the aforementioned written certification: b. The term "demised premises" as used in this rider includes the premises described in the Lease, the improvements and appurtenances to such premises and all equipment and fixtures furnished, or to be furnished, by the Lessor under this Lease. c. The Postal Service is responsible for ordinary repairs to, and maintenance of the demised premises except for those repairs that are specifically made the responsibility of the Lessor in this Lease. The responsibility of the Postal Service as stated herein will be fulfilled at such time and in such manner as the Postal Service considers necessary to keep the demised premises in proper condition. d. The Lessor is responsible for: (1) Repairs to all common or joint use areas, common or joint use equipment and fixtures that may be included as part of this Lease. (2) All repairs to structural elements and all parts of the roof system. The term "structural elements" as used in this clause is limited to the foundation, bearing walls, floors (not including floor covering), and column supports. The roof system includes, but is not limited to, the roof covering, flashing and insulation. (3) Repairs resulting from Acts of God, of a public enemy, riot or insurrection. (4) Inspection, prevention and eradication of termites and any other wood eating insects and for repairs of any damage resulting therefrom. (5) Repairs resulting from defects in building construction or installation of equipment, fixtures, or appurtenances furnished by the Lessor. (6) Repairs resulting from fire of other casualties, unless such casualties were caused by the negligence of employees or agents of the Postal Service. (7) Any ordinary repairs by the Postal Service which were made necessary by the failure of any element for which the Lessor is responsible. e. When the need arises for repairs which are the responsibility of the Lessor, including any repairs or actions for which the Lessor is responsible under paragraph a. hereof, the Postal Service will (except in emergencies) give the Lessor written notice of the needed repairs and will specify a reasonable deadline for completion of the work. A copy of such notice will be sent by certified or registered mail to the Lessor's mortgagee and assignee of monies due or to become due pursuant to this Lease whose names and addresses have been furnished to the Postal Service by the Lessor. If none of these parties (lessor, mortgagee or assignee) proceed with the work with such diligence so as to ensure completion within the time specified in the notice (or any extension thereof granted at the sole discretion of the Postal Service) or actually faits to complete the work within said time, the Postal Service has the right to perform the work, by contract or otherwise, and withhold the cost of such work (which may include administrative cost and/or interest) from payments due under this Lease. In addition, the Postal Service may proportionally abate the rent for any period the demised premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. Alternatively, the Postal Service may, if the demised premises are determined to be unfit for occupancy, at its sole discretion, cancel this Lease without liability. REMAINU (Jan. t5a5) -, UNITED STATES ~AOSTAL SERVICE Maintenance Rider Underground Storage Tanks Lessor Responsibility a. The term "Underground Storage Tank" (UST) as used in this lease rider, is defined as a tank system, including ancillary equipment (pipings and flanges, valves, pumps) connected to it, with ten percent or more of the USTs volume below ground. USTs include underground heating oil tanks (where regulated by law) and all USTs associated with fleet vehicle operations. b. The lessor is responsible for: (1) UST system maintenance, initial tank registration, applicable fees, reporting, tank and pipeline tightness testing, testing for soil and groundwater contamination, removal, replacement, upgrades, and closure. If the Postal Service requests tests additional to those required by federal, state, and/or local law, these tests will be completed, by the lessor, at Postal Service expense. (2) Repairs or replacement resulting from any cause including, but not limited to, acts of God or a public enemy, or fires or other casualty, except where such damage or casualty was caused by the negligence of employees or agents of the Postal Service. (3) Any UST upgrades resulting from changes in federal, state, and/or local law, whichever is more stringent, except where additional upgrades are required by the Postal Service which exceed those required by the applicable federal, state, and/or local law. Such additional upgrades, as required by the Postal Service, will be at Postal Service expense. (4) Expenses incurred by the Postal Service which were made necessary due to the failure of any element for which the lessor is responsible. (5) Providing the Postal Service with copies of all UST system documents (including, but not limited to, test results and permits) within thirty (30) days of lessor's receipt thereof. c. The Postal Service shall be responsible for UST system daily operations, including product inpuUoutput monitoring. d. If requested by the lessor, the Postal Service will provide the lessor with necessary documents (emergency action plan, etc.) which may be required by state and/or local law for tank registration. e. When the Postal Service becomes aware of the need for effecting repairs, maintenance, upgrades, replacement, removal, closure, and/or clean-up activities for which the lessor is responsible, the Postal Service will give the lessor prompt written notice (except in emergency situations where notice shall be given as soon as is practicable), by certified or registered mail, and will specify a reasonable deadline for completion of the work. If the lessor fails to proceed with the work with such diligence so as to ensure completion within the time specified in the notice (or any extension thereof granted at the sole discretion of the Postal Service) or fails to perform the work, by contract or otherwise, and withhold the cost of such work, plus administrative costs, from rental payments due or to become due under this lease or to recoup said costs through any other means available to the Postal Service. REUSTMRL (Jan. tees) t!-~ • • WESTERN FACILITIES OFFICE aUNITED STATES POSTAL SERVICE Date: 10/5/2016 CITY OF RIVERSIDE A MISSOURI MUNICIPAL CORP 2950 NW VIVION RD RIVERSIDE, MO 64150-1502 RE: Conflict of Interest Form Requirement Facility: Riverside, MO-Kansas City-Riverside Branch (284218-127) Dear Postal Service Landlord: The enclosed form entitled, Real Estate Conflict of Interest Certification, is required in order for the Postal Service to comply with its conflict of interest requirements, specifically, the requirement that the Postal Service identify and resolve potential conflicts of interest resulting from leasing space from certain persons or entities. You may have been mailed this document previously and simply did not realize that it is crucial to your upcoming renewal. The Postal Service must determine whether a landlord is any of the following: • Postal Service Employee; • Spouses of Postal Employees; • Family members of Postal employees; • Business organizations substantially owned or controlled by and of the above; or • Individuals residing in the same household as Postal employees. If the landlord falls into one of these categories, then the Postal Service must determine whether this would represent a significant conflict of interest. If you do not fall into these categories, then the appropriate choice would likely be: (vi) None of the above. Please be advised that each lease must be reviewed by the Postal Service before any further processing. I have enclosed a postage-paid envelope for your convenience, or, you may fax it to my attention at 303-227-5615. Each owner must complete and sign a separate form. (Example: Husband and Wife owners must each complete and sign a separate form). If you have any questions, please feel free to call me during normal business hours at(303)227-5620. Sincerely, ��yypp a4,0.14 Henriette Huggins Secretary USPS Leasing Team West Enclosures 7500 EAST 53'^0 PLACE,Room 1108 DENVER,CO 80268-9918 FAx: (851)875-1369 101 Facility Name',KANSAS CITY-RIVERSIDE BRANCH Fin/Sub No.: 284218-127 Address:4900 NW GATEWAY AVE City,ST,ZIP:RIVERSIDE MO 64150-9998 District: MID-AMERICA Real Estate Conflict of Interest Certification To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service. Please check all that apply in item A below. Further, please understand that the Postal Service will be relying on the accuracy of the statements made by you in this certification in determining whether to p[ogeed,yy h any pgtysible tryns ction with you. I, C rpAm, UUS.(.t (TF 4 Jalb-i rLe , hereby certify to the Postal Service as follows: [PRINT.liame of pote ial Landlord/Supplier/Contractor) A. (Check all that apply) I am: (i) A Postal Service employee; (ii) The spouse of a Postal Service employee; (iii) A family member of a Postal Service employee; (Relationship) (iv) An individual residing in the same household as a Postal Service employee; (v) I am one of the individuals listed in (i)through (iv)above; AND a controlling shareholder or owner of a business organization leasing or licensing space or intending to lease or license space to the Postal Service, OR (vi) x None of the above. B. (Complete as applicable): v. I have the following job with the Postal Service(Tite) (Location) vi. My Spouse who works for the Postal Service holds the following job: (Title) (Location) vii. My family member who works for the Postal Service holds the following job: (Title) (Location) viii. My household member who works for the Postal Service holds the following job: (Title) (Location) C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall into any of the categories listed in A(i) through (v) above, you shall notify the Postal Service Contracting Officer in writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which of the above categories now applies. D. The person signing this certification has full power of authority to bind the potential Landlord/ Supplier/Contractor named above. Executed thi 13Y4' da o OPo by BY: [Insert Signature] BY:QltC ltlt t\S Ark, OT iV SICLQ, [PRINT:II name of(entity oror�rj person] ,,,, Title:C'.(4i Ae mAii SGb - L I [Insert title] [INTERNAL USE ONLY: TM/RES: 1)If A(vi) 'none of the above'is selected, stop, tile form with the lease/license. 2)1!other items am selected, submit form to Ethics.help(p'usps.gov. File form and Ethics determination with the lease/license.] Effective October 13,2015 Appendix A Conflict of Interest Certification 10- UNITEDST/JTES POSTAL SERVICE. Exercise of Renewal Option Facility NamelLocation: KANSAS CITY- RIVERSIDE BRANCH (284218-127) County : Platte 4900 NW GATEWAY AVE, RIVERSIDE, MO 64150-9998 Lease: 1x0000041793 To CITY OF RIVERSIDE Certified Mail At A MISSOURI MUNICIPAL CORP 70153430000020003004 2950 NW VIVION RD RIVERSIDE. MO 64150-1502 12.1) 17 jolty 1370 Lboo74T1 1;39 Issuing Office 7500 E 53RD PL RM 1108 DENVER, CO 80266-9918 Date of Existing Lease: 01/06/1999 The existing Lease was amended by: Amendment No. 002 accepted by the USPS on 06/28/1999 Amendment No. 001 accepted by the USPS on 04/14/1999 Amendment No. 003 accepted by the USPS on 05/05/2000 Pursuant to the Lease covering this facility, the Postal Service hereby exercises its option to renew said Lease as follows: Term: 5 Years From (Date):07/02/2019 To (Date): 07/01/2024 Annual Rate: $1.00 In all other respects, the said Lease shall remain the same and is hereby confirmed. Remarks THANK YOU FOR PROVIDING THIS SPACE FOR POSTAL USE. 'SvIED Liu UC Date Name of Contracting Officer Signature 10/24/2017 Terrence Brennan Renewalopt 01/2005 UNITED STATES POSTAL SERVICE BUSINESS MAIL ENTRY UNITED STATES POSTAL SERVICE September 29, 2017 Licensed Meter System Customers Thank you for your business with the US Postal Service. Customers that use licensed postage evidencing (meter) systems per Domestic Mail Manual (DMM)604.4.0 represent a large portion of mail received for processing on a daily basis. When customers present multiple pieces of metered mail there are some regulations that must be taken into consideration to help us provide you the best possible service for your mail. When properly prepared, metered mail moves quickly through our postal system because it bypasses certain mail preparation processes, moving directly to automated sorters. DMM 135.1.b provide the regulations for entering metered mail into the system, as follows: There are no sorting requirements for single-piece(full rate) First-Class Mail, but five or more letter-size pieces bearing metered postage ...must be faced with the addresses in one direction and bundled. Bundling of letter-size pieces is not required if they fill a letter tray. Mail prepared by our business partners either in faced bundles or in letter trays faced in the same direction can be immediately identified, maintained separately from other collection mail, and inducted into our system before the majority of mail collected on a daily basis. The Postal Service supports the preparation efforts made by our customers. We can provide proper mail containers for your use prior to mail pickup or drop off. Both letter trays and/or flat sized trays can be made available to you once requested. Please contact LISPS Mailing Requirements at(816) 374-9280 for more information concerning equipment required for metered mail processing. The result of proper mail preparation helps us to meet your mailing expectations. Avoiding the delays experienced due to unfaced or unbundled mail will help us provide you the excellent customer service you expect and deserve. I appreciate the opportunity to communicate this and most importantly,to thank you for your business. If you have any questions, or other mailing concerns, please don't hesitate to contact Mailing Requirements at the number provided above. Sincerely, Rhonda Buford Manager, Business Mail Entry BUSINESS MAIL ENTRY 300 W.PERSHINO STE 205 KANSAS Cur,MO 64108-9998 (816)374-9230 VISIT US AT WWW.USPS.COM aUNITED STATES Exercise of Renewal Option POSTAL SERVICE. R.GCFivcr Facility Name/Location: .UU.IL_ 2 :? 20?r. KANSAS CITY-RIVERSIDE BRANCH (284218-127) County : Platte 4900 NW GATEWAY AVE, RIVERSIDE, MO 64150-9998 Lease: IX0000Platte 041793 To CITY OF RIVERSIDE Certified Mail# 2950 NW VIVION RD 70172680000057331907 RIVERSIDE. MO 64150-1502 Issuing Office 7500E 53RD PL RM 1108 DENVER, CO 80266-9918 Date of Existing Lease: 01/06/1999 The existing Lease was amended by: Amendment No. 002 accepted by the USPS on 06/28/1999 Amendment No. 001 accepted by the USPS on 04/14/1999 Amendment No. 003 accepted by the USPS on 05/05/2000 Pursuant to the Lease covering this facility, the Postal Service hereby exercises its option to renew said Lease as follows: Term: 5 Years From (Date):07/02/2024 To (Date):07/01/2029 Annual Rate: $1.00 In all other respects, the said Lease shall remain the same and is hereby confirmed. Remarks . THANK YOU FOR PROVIDING THIS SPACE FOR POSTAL USE Date7 Terenf ce Brenng an Signa 2022 Terrence Brennan Renewalopt 01/2005 FAC.IJflE3 LE.A'IN3 Effective January 2022 UNITED SUMS IMIlf POSTAL SERVICE USPS Facilities Leasing Contact Information FORMAL NOTICES UNDER THE LEASE MUST BE SENT HARDCOPY TO THE PO BOX SHOWN BELOW: EAST Leasing Team P.O. Box 27497 Greensboro,NC 27498-1103 EAST TEAM handles Postal Facilities located in: CT,DE. IL, IN, KY. Mk MD,ME MI, NC, NH. NJ, iTY,OH. PA. RI,SC,TN,VA,'VT,'Al. Vor'.'. District of Columbia and Caribbean Trust Territories_ WEST Leasing Team F.O. Box 5527 Denver, CO 80217-5527 WEST TEAM handles Postal Facilities located an: AL,AK,AR AZ,CA, CO. FL LEA, HI, IA,ID, KS, LA,MN, MO, hats, MT,NE, ND,NM,NV,OK,OR,SD,TX,UT, WA,WY,and Pacific Trust Territories. EASEMENTS & Right-of-Way Takings; Easeren s or right-of-ways taking notices are handled by a special team and require Postal Service approval and release. Promptly notify the Postal Service upon receipt of an easement or right-of-way inking notice. Plex4e alilow sufficient time for the Postal Service to review the request. Please send requests to one of the following options: USP SEasements@usps.gov OR to the EAST WEST Team PO Box address noted above LEASING HELP: LEASING CENTRAL MESSAGE CENTER (EXCLUDES-Formal Notices) Toll Free Number: 1-844-661-8729 Central Email Box: USPSLeasingeusps,gov When Contacting Facilities Leasing Please Include: 1) Post Office Specific Location Iinfomattion: Finance 1 Property#: (xxxxxx-xxx) (Found on the Lease,page 1) Post Office Address: Street City, State,ZIP (Found on the Lease,page 1 2) Landlord Contact Information Landlord Name. Phone#,and Email Address LEASE ADMINISTRATIVE ACTIONS: Property Tax Reimbursement,Common Area Maintenance(CAW Reimbursement 1 Reconciliation, Change of Address or Change of Ownership(COO)may be ccnirnunicated through the Leasing Central Message Center or the PO Box Addresses shown above. NOTE: ALL Formal Notices Under the Lease MUST be sent hard copy to the PO Box Addresses above TAX REIMBURSEMENT: Refer to the Instructions in your lease when requesting a tax reimbursement Postal Service reserves a 30-day window for processing once all infonrotion is received. CHANGE OF OWNERSHIPS(COO): Purchaser or Seller may request a COO package through the Leasing Central Message Center or through the PO Box Addresses above.Rent paymients will go to the current owner of record until satisfactory evidence of change of ownership is receiv d and the change is processed. It is the responsibility of the Purchaser and Seller to make any necessary rental prorations. 475 L'EN,4N't PLAZA SW l A,HnaroK DC Z3:63