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HomeMy WebLinkAboutContract 43592 Cry swWARY CONTRACT N0• 5TL�--- AWARD/CONTRACT 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES UNDER DPAS(15 CFR 700) 1 1 16 2.CONTRACT(Prot. tnsr Ident) NO. 13.EFFECTIVE DATE 4.R EQUI SIT I ON/PURCHASE REQUEST 1P ROJECT NO. N69450-12-C-0062 28 Aug 2012 5.ISSUED BY CODE N69450 6.ADMINISTERED BY (tfother than Item 5) CODE NAVFAC SOUTHEAST ACQ CORE UTILITIES BLDG 903,PO BOX 30 See Item 5 JACKSONVILLE FL 32212-0030 7.NAME AND ADDRESS OF CONTRACTOR (No.,stre et city,county,state and rip code) 8.DELIVERY FORT WORTH,CITY OF [ ] FOB ORIGIN [ X 1 OTHER (see below) 1511 11TH AVE 9.DISCOUNT FOR PROMPT PAYMENT FORT WORTH TX 76102-4350 Net 30 Days 10.SUBMIT INVOICES 1 ITEM (4 copies unless otherwise specified) TO THE ADDRESS Section G CODE OB4G5 FACILITY CODE SHOWN 1N: 11.SHIP TO/MARK FOR CODE N69&% 12.PAYMENT WILL BE MADE BY CODE N68732 NAVFAC SOUTHEAST DFAS-C LEVELAN D,NORFOLK ACCOUNTS PAYABLE ANNIE BEAT Y PO BOX 998022 PV11D PORT WORTH CLEVELAND OH 44199 1215 DEPOT AVE NAS J R B FORT WORTH FORT WORTH TX 76127-1215 13.AUT HORIT Y FOR USING OTHER THAN FULL AND OPEN 14.ACCOUNT ING AND AP P ROP RI AT I ON DAT A COMPETITION: ( X 110 U.S.C.2304(c)( 1 } [ 141 U.S.C.253(c)( } bt 15A.ITEM NO. 15B.SUPPLIES/SERVICES 15C.QUANTITY 15D.UNIT 15E. UNIT PRI off° Pal a wow Q� A a EDULE a 9 FFICIAL 1 .� � �a CITY SECRETARY Seum 0ovaa ,.� r J0 s , City � ixi. � FT. WORTH,TX L--4 7! 15G.TOTAL AMOUNT OF C D N7RAC T $4.500,000.00 EST 16.TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) SEC.7 DESCRIPTION PAGE S PART -THE SCHEDULE, PARTII-CON7RACTCLAUSES X A SOLICITATION/CONTRACT FORM 1 X I I ICONT RACT CLAUSES 13-16 X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-5 PART IH-LISTOF DOCUMENTS.EXI-I[BITS AND OTHER ATTACHMINTS X C DESCRI PT I ON/SP E CS.1 WORK STATEMENT 6-8 J LI ST OF AT T ACHMENT S D PACKAGING AND MARKING PART IV-REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 9 K RE P RESENT AT IONS,CERT IFICAT IONS AND X F DELIVERIES OR PERFORMANCE 10 OTHER STATEMENTS OF OFFERORS X G CONTRACT ADMINISTRATION DATA 11 - 12 L INST RS. CONDS. AND NOT ICES TO OFFERORS H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD CONT RA CT ING OFFICER W I LL COMPLETE IT EM 17 OR 18 AS APPLICABLE 17.[X I CONTRACTOR'S NEGOTIATED AGREEMENT Contractor is ree wred to siMt this I8 [ l AWARD (ConUctor is not required to sir�*n this cument) Your offer on Solicitation Number document and return copies to issuiniz effice.1 Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.The rights and obligations of the parties to this including the additions or changes m ade by y ou which additions or changes are set forth in full contract shall be subject to and governed by the following documents'(a)this a war&c ontract, above,is hereby accepted as to the items Iisted above and on any continuation sheets This award consummates (b)the solicitation,if any,and(c)such provisions,representations,certifications,and specifications, the contract which consists of the following documents- (a)the Government's solicitation and your offer,and as are attached or incorporated by reference herein (b)this award/contract. No further contractual document is necessary :Attachments are listed herein. 19A.NAME AND TITLE OF SIGNER (Type or p;int) 20A.NAME OF CONTRACT] G OFFICER Ck Lk Mau" TEL:C C wg Er1A1 L 19B.NAME OF CONTRA OR 19 DATE SIG D 20B.UN ED ST AT"5 OF AMERICA 20C. DATE SIGNED r,� � IBY BY (.Signature of iv rson authorise d w sign) (.Signature of Cori trac ring Of"ic a r) AUTHORIZED FOR LOCAL REPRODUC!ION A"R%JY STANDARD FORM 26(REV.412408) Previous edition is usable WF4T{L 48 BR6.2 )�t I A -17- ASSISMW City Attolrncy r x ' N69450-12-C-0062 Page 2 of 16 Section B-Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Proj ect $1205000.00 $1203,000.00 EST Water&Sewer Service FFP Account Number:5 74173-277906 SE_35_FW 00003 SE_35_SE00003 Service address on invoice:6700 Boyington Dr. Actual addresss: 1 022 Perimeter Rd. FOB:Destination NET AMT $120,004.00(EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Proj ect $607000.00 $609000.00 EST Water&Sewer Service FFP Account Number:574173.277908 SE_35_FW 00004 SE_35_SE_00004 Service address on invoice: 1015 Boyington Dr. Actual addresss: 1015 Perimeter Rd. FOB:Destination NET AMT $601400.00(EST.) N69450-12-C-0062 Page 3 of 16 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 Project $120,000.00 $1207000.00 EST Water& Sewer Service FFP Account Number:574173-277910 SE_35_FW_00005 SE 35 SE 00005 Service address on invoice:300 Coody Dr Actual addresss: 1001 Perimeter Rd. FOB:Destination NET AMT $1205400.00(EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 Project $350,000.00 $3501000.00 EST Water&Sewer Service FFP Account Number:574173-277916 SE_35_FW_00007 SE_35_SE_00007 Service address on invoice:200 Pumphrey Dr. Actual addresss:200Pumphrey Dr. FOB:Destination NET AMT $350,000.00(EST.) 1 5 i } N69450-12-C-0062 Page 4 of 16 ITEM NO SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Project $75000.00 $75031000.00 EST Water&Sewer Service FFP Account Number:574173-277918 SE_35�FW 00008 SE_35_SE_00008 Service address on invoice:6360 Nimitz Dr. Actual addresss:6360 Nimitz Dr. FOB:Destination NET AMT $75051000.00(EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 1 Proj ect $3,075,000.00 $3,075,000.00 EST Water& Sewer Service FFP Account Number:574173-277920 SE_35 FW 00009 SE_35_SE_00009 Service address on invoice:6350 Nimitz Dr. Actual addresss:6350 Nimitz Dr. FOB:Destination NET AMT $3,0751000.00(EST.) rL ` N69450-12-C-4062 Page 5 of 16 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 1 Project $12,500.00 $1 23500.00 EST Water& Sewer Service FFP Account Number:574173-278052 SE_35_FW_00010 SE_3 5_SE_00010 Service address on invoice: 150 Coady Dr. Actual addresss:4146 Perimeter Dr. FOB:Destination NET AMT $123,500.00(EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 1 Pro j ect $12,500.00 $12,500.00 EST Water-Fire Line FFP Account Number: 1096959-277914 Paid by CNIC Service address on invoice: 505 Desert Storm Rd. Actual addresss:Flight Line FOB:Destination NET AMT $12,504.00(EST.) N69450-12-C-0062 Page 6 of 16 Section C-Descriptions and Specifications STATEMENT OF WORK C.M.SCOPE FOR WATER SERVICE The Contractor shalt furnish,and the Government shall purchase and receive,water service as requested by the Government for the Naval Air Station(NAS)Fort Worth. Service shall be provided as stated in the provisions contained herein,and pursuant to the Contractor's effective rates,tariff s,rules,regulations and practices subject to the appropriate regulatory body. Contractor shall supply clear,potable water safe for human consumption in accordance with standards adopted by the Safe Water Drinking Act(SDWA)for drinking and culinary water supplied by common carriers in interstate commerce and such revisions thereof as may be made from time to time. Contractor shalt operate and provide its water service in conformity with all applicable laws,rules,codes,industry standards,permits and regulations promulgated by any and all governmental authorities having jurisdiction. C.1.2.SCOPE FOR SEWER SERVICE The Contractor shall furnish,and the Government shall purchase and receive,sewer service as requested by the Government for the Naval Air Station(NAS)Fort Worth.The Contractor shall receive,carry,treat and dispose of all sanitary sewage originating at the installation in such amounts as the Government desires to release into Contractor's sewer system and in a manner and by such means as will constitute no hazard to the public health. The Contractor shall operate his sewage disposal and treatment facilities in conformity with applicable laws,rules, codes,industry standards,permits and regulations promulgated by federal,state and Iocal authorities having jurisdiction. C.2.RATES AND CHARGES All meters(if any)shall be installed by the Contractor in a manner that allows verification by Government personnel. The Government reserves the right to have the Contractor install meters at any location served by the system. The cost of such installations will be negotiated by the Government and Contractor. For all services furnished under this contract to the service location,the Government shall pay the Contractor at the rates and charges specified in rates,fees and charges attached hereto and made a part of this contract,and all revisions thereof. For purposes of charges,any demands due to faulty operation of, or to excessive or fluctuating pressure on the Contractor's system,shall not be included as part of the Government's requirement. The Contractor shall give the Contracting Officer written notice of the filing of an application for rate changes concurrently with the filing of an application.The notice shall fully describe the proposed rate change. In the event that the regulatory body promulgates any regulation not concerning rates which materially affects this contract,the Contractor shall immediately notify the Contracting Officer. No increase shall be requested in the contract rate unless the Contractor has placed into effect a general rate increase to all of his customers under similar conditions of service.If the Contractor has placed into effect a general rate decrease,a corresponding decrease in the contract rate shall be made. N69450-12-C-0062 Page 7 of 16 C.2.1.Rates 2012 Retail Water Rates 2012 Retail Wastewater Rates C,3.CHANGES IN CHARACTER OF SERVICE The Government shall give reasonable notice(at least 30 days)of any material changes anticipated in demand or service requirements.The Contractor shall give reasonable notice(at least 30 days)of any material changes anticipated in service capability or capacity. CA DEFINITIONS As used throughout this contract,the following terms are defined as follows.Additional definitions can be found in the"DEFINITIONS"clause(FAR 52.202-1)of Section I. Contracting Officer(Ka). An employee of the Government with the authority to enter into,administer,and/or terminate contracts and make related determinations and findings.The term includes certain authorized representatives acting within the limits of their authority as delegated by the Contracting Officer. Contractor. Refers to both the prime Contractor and subcontractors and includes any of its subsidiaries and parent companies.The prime Contractor shall ensure that their subcontractors comply with the provisions of this contract. Safe Water Drinking Act(SWDA). The main federal law that ensures the quality of Americans'drinking water.Under SDWA,Environmental Protection Agency sets standards for drinking water quality and oversees the states, localities,and water suppliers who implement those standards.For more information visit; http://water.epa.gov/lawsregs/rulesregs/sdwa/ C.S.COORDINATION OF WORK The Government hereby grants to the Contractor,free of any rental or similar charge,but subject to the limitations specified in this contract,a revocable permit to enter the service location for any proper purpose under this contract, including use of the site or sites agreed upon by the parties hereto for the installation,operation,and maintenance of the facilities of the Contractor required to be located upon Government premises.Authorized representatives of the Contractor will be allowed access to the facilities of the Contractor at suitable times to perform the obligations of the Contractor with respect to these facilities.It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner considered to be necessary for the National security.In such a case,the Contractor may not be held liable for interruptions of service due to facts beyond his control in order to operate and maintain service. Routine work,such as the scheduled replacement or retirement/removal of inventory and equipment shall be coordinated with the designated Government representative. The Contractor shall provide 24-hour service for trouble calls made to a published telephone line The Government employee responsible for the building or facility experiencing service outages or trouble will call the Contractor's published telephone number to report any outages.Restoration of service shall be coordinated with the individual responsible for the building or facility. The Contractor shall cooperate with the Government and Contractors of the Government to facilitate outages and underground utilities location markings to allow construction/repairs on the installations). N69450-12-C-0062 Page 8 of 16 The Contractor shall notify a designated Government representative at least 10 days prior to any scheduled excavation.The Contractor shall mark the proposed excavation location with standard industry markings,no more than 24 hours prior to providing notification.The Contractor shall not begin any excavations without prior site approval.Such approval/disapproval shall be timely and not cause unreasonable delays in Contractor's related work or be unreasonably withheld.The Contractor shall be liable for all damages incurred by the Government related to excavations by the Contractor without prior approval. C.6.Emer ena Service Requests Trouble calls and service calls shall be classified as an emergency at the discretion of the Contracting Officer or authorized Government official as designated by the Contracting Officer.An emergency condition is one that is detrimental to the mission of the installations,significantly impacts operational effectiveness,or compromises the safety,health,and life of personnel. Once an emergency request is received,the Contractor will respond as soon as possible and endeavor to take such action as is necessary to downgrade the level of the service request to routine. The response point for all emergency calls will be the security entrance gate at each installation.Installation personnel will be responsible for facilitating rapid access of the contractor's personnel through the security entrance to the site of the emergency. C.7.COMPLIANCE WITH ENVIRONMENTAL AND SAFETY LAWS/CODES The Contractor shall comply with all federal,state and local environmental and safety laws and shall be responsible for environmental assessments,studies and coordination applicable to federal,state,and local agencies required to execute their portion of this contract. This shall include,but not be limited to,all assessments,studies,permitting and coordination required to comply with federal,state and local laws regarding endangered species, historic/archaeological,and hazardous/toxic materials. r N69450-12-C-0062 Page 9 of 16 Section E-Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 4006 Destination Government Destination Government 0407 Destination Government Destination Government 0008 Destination Government Destination Government N69450-12-C-0062 Page 10 of 16 Section F-Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-SEP-2012 TO NIA NAVFAC SOUTHEAST N69450 31-AUG-2022 ANNIE BEATY PWD FORT WORTH 1215 DEPOT AVE NAS JRB FORT WORTH FORT WORTH TX 76127-1215 FOB: Destination 0002 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2422 FOB: Destination 0003 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0004 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0005 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0006 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0007 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AU'G-2022 FOB: Destination 0008 POP 01-SEP-2012 TO NIA (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination N69450-12-C-0062 Page I I of 16 Section G-Contract Administration Data PAYMENT&POCS G.I.Payment The Contractor shall be paid by the designated disbursing office for service furnished hereunder at the rates specified.The Government shall be liable for the minimum monthly charge,if any,commencing with the billing period in which service is initially furnished and continuing until this contract is terminated,except that the minimum monthly charge shall be equitably prorated for the billing period in which commencement and termination of this contract shall become effective. Payments hereunder shall be contingent upon the availability of appropriations and shall not be made in advance of the service rendered. The Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the Contractor. Invoices for service rendered hereunder shall contain statements of the meter readings at the beginning of the billing period,meter constants,consumption during the billing period,and such other pertinent data as shall be required by the Government. The Contractor hereby declares that rates are not in excess of the lowest rates now available to any existing or prospective customer under like conditions of service,or of the same classification,and agrees that during the life of this contract the Government shall continue to be billed at the lowest available rate for similar conditions of service. G.2.Billing Information Navy bills are to be mailed directly from the vendor/utility provider to the Navy's vendor(SourceNet)for processing at the address shown below.Therefore,the"Bill To"and/or"Mail To"Should be addressed as follows: For account#574173.277906: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE 35 FW 40003 PO BOX 30088 COLLEGE STATION TX 77842-3088 For account#574173-277908: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE 35 FW 00004 PO BOX 30088 COLLEGE STATION TX 77842-3088 For account#574173-277910: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE 35 FW 00005 PO BOX 30088 COLLEGE STATION TX 77842-3088 • N69450-12-C-0062 Page 12 of 16 For account#574173-277916: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE-35 FW-00007 PO BOX 30088 COLLEGE STATION TX 77842-3088 For account#574173-277918: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE_35—FW_00008 PO BOX 30088 COLLEGE STATION TX 77842-3088 For account#574173-277920: NAVAL AIR STATION FT WORTH JRB, US NAVY REF SE-35 FW_00009 PO BOX 30088 COLLEGE STATION TX 77842-3088 For account#574173-278052: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE-3 5_FW_00010 PO BOX 30088 COLLEGE STATION TX 77542-3088 For CNIC account#1096959-277914: AIR STATION FTW NAVAL FWD FORT WORTH 1215 DEPOT AVE FORT WORTH TX 76127-1054 Submission of invoices to another location/address will result in a rejection of the invoice. G.3.Point of Contact City of Fort Worth; Emergency: 817-392-4477(24 hour call center) Customer Service: 817-392-4477 NAS Fort Worth; Public Works Department: 817-782-6380 N69450-12-C-0062 Page 13 of 16 Section I-Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.242-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government OCT 1995 (Sep 2006)--Alternate 1 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-10 Reporting Executive Compensation and First-Tier SubcontractFEB 2012 Awards 52.219-8 Utilization of Small Business Concerns JAN 2011 52.222-3 Convict Labor JUN 2043 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.232-23 Assignment Of Claims JAN 1 986 52.232-33 Payment by Electronic Funds Transfer--Central Contractor OCT 2043 Registration 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings,Equipment,And APR 1984 Vegetation 52.241-2 Order of Precedence-Utilities FEB 1995 52.241-4 Change in Class of Service FEB 1995 52.241-5 Contractor's Facilities FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price(Aug 1987)- Alternate I APR 1984 52.249-2 Termination For Convenience Of The Government(Fixed- APR 2012 Price) 52.249-8 Default(Fixed-Price Supply&Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Export-Controlled Items APR 2010 252.225-7012 Preference For Certain Domestic Commodities JUN 2012 252.232-7014 Levies on Contract Payments DEC 2006 252.241-7001 Government Access DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 CLAUSES INCORPORATED BY FULL TEXT N69450-12-C-0062 Page 14 of 16 52.241-3 SCOPE AND DURATION OF CONTRACT(FEB 1995) (a)For the period 09/01/2012 to 08/31/2022 the Contractor agrees to furnish and the Government agrees to purchase water and sewer utility service in accordance with the applicable tariffs),rules,and regulations as approved by the applicable governing regulatory body and as set forth in the contract. (b)It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration or termination date. Either party may terminate the contract in accordance with applicable laws and regulations by providing a 30-day written notice to the other party. (c)The Contractor shall provide the Government with one complete set of rates,terms,and conditions of service which are in effect as of the date of this contract and any subsequently approved rates. (d)The Contractor shall be paid at the applicable rate(s)under the tariff and the Government shall be liable for the minimum monthly charge,if any,specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract.Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. (End of clause) 52.241-6 SERVICE PROVISIONS(FEB 1995) (a)Measurement of service.(1)All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture,to be furnished,installed,maintained,repaired,calibrated,and read by the Contractor at its expense.when more than a single meter is installed at a service location,the readings thereof may be billed conjunctively, if appropriate.In the event any meter fails to register(or registers incorrectly)the service furnished,the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time.An appropriate adjustment shalt be made to the next invoice for the purpose of correcting such errors.However,any meter which registers not more than 1 percent slow or fast shall be deemed correct. (2)The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws.All billings based on meter readings of less than 30 days shall be prorated accordingly. (b)Meter test.(1)The Contractor,at its expense,shall periodically inspect and test Contractor-installed meters at intervals not exceeding 2 year(s)The Government has the right to have representation during the inspection and test. (2)At the written request of the Contracting officer,the Contractor shall make additional tests of any or all such meters in the presence of Government representatives.The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than l percent slow or fast. (3)No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 1 percent under normal operating conditions. (c)Change in volume or character.Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. (d)Continuity of service and consumption.The Contractor shall use reasonable diligence to provide a regular and x N69450-12-C-0062 Page 15 of 16 uninterrupted supply of service at each service location,but shall not be liable for damages,breach of contract or otherwise,to the Government for failure,suspension,diminution,or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor,including but not limited to acts of God or of the public enemy,fires,floods,earthquakes,or other catastrophe,strikes,or failure or breakdown of transmission or other facilities. If any such failure,suspension, diminution,or other variation of service shad aggregate more than 2 hour(s)during any billing period hereunder,an equitable adjustment shall be made in the monthly billing specified in this contract(including the minimum monthly charge). (End of clause) 52.241-7 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR REGULATED SERVICES(FEB 1995) (a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body.The Contractor agrees to give 30 days written notice of(1)the filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and (2)any changes pending with the regulatory body as of the date of contract award.Such notice shall fully describe the proposed change.If,during the term of this contract,the regulatory body having jurisdiction approves any changes,the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof.The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff,and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective. (b)The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s)shall not be in excess of the lowest cost published and unpublished rate schedule(s)available to any other customers of the same class under similar conditions of use and service. (c)In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract,the Contractor shall immediately provide a copy to the Contracting officer.The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations. (d)Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract.The effective date of the change shall be the effective date by the regulatory body.Any factors not governed by the regulatory body will have an effective date as agreed to by the parties. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): The FARSite: http://farsite.hill.afmil/farsite.html (End of clause) N69450-12-C-0062 Page 16 of 16 252.241-7000 SUPERSEDING CONTRACT. (DEC 1991) This contract supersedes contract No.N62467-96-C-1801,dated 01 October 1995 which provided similar services. Any capital credits accrued to the Government,any remaining credits due to the Government under the connection charge,or any termination liability are transferred to this contract,as follows: (End of clause) FAC 5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST (JUN 1994) The restrictions described herein shall apply to the Contractor and its affiliates,consultants and subcontractors under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work,specifications and plans,the Contractor and its affiliates shall be ineligible to bid or participate,in any capacity,in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor,subcontractor,consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer,in which case the restriction shall not apply. This contract shall include this clause in its subcontractors' or consultants' agreements concerning the performance of this contract. Schedule A FORT NORTH WATER DEPARTMENT RATES FOR WATER SERVICE-COMMERCIAL EFFECTIVE JANUARY 2011 The water bil.] for a customer consists of two charges: 1. Monthly Service Charge: Based on the size of meter serving the customer. 2. Volume Charge: Based on volume of water used. A monthly service charge in the following amount shall be charged on the size of the meter serving the customer: Monthly Monthly Meter Service Meter Service Size Charge Size Ch_arse 518" $ 7.00 3" $ 58.38 314" 7.25 4" 102.25 1" 10.25 6" 222.00 1-112" 18.00 8" 380.00 2" 27.00 10" 595.00 Monthly Water Rate Volume Charge Only Cubic Feet Rate All $ 2.15 per loo Cu. Ft. Cubic Volume Cubic Volume Feet Gallons Charrge Feet Gallons Charge 100 748 2.15 60,000 4485800 1,290.00 400 2,992 8.60 70,000 523,600 1,505.00 804 5,984 1 7.20 80,000 598,400 15720.00 17200 8,976 25.80 90,004 673,200 11935.00 13600 11,968 34.40 10000 748,000 2,150.00 21000 14,960 43.00 11 000 822,800 21,365.00 33000 22,440 64.50 1257000 93500 21687.50 41000 29,920 86.00 1351000 15009,800 22902.50 5,000 37,400 107.50 1505000 13122,000 39225.00 6,000 44,880 129.00 2007000 2.15 1,496,000 41300.00 71000 2.15 52,360 150.50 2505000 1,870,000 59375.00 8,000 59,840 172,04 2701000 2,0199600 59805.00 900 67,320 193.50 3003000 2,244,000 69450.00 10,000 743800 215,00 40000 2,992,Ooo 8,600.00 141)000 1 045720 30 1,00 500,000 3,7405000 10,750.00 20,000 149,600 430.00 1,000,400 7,480,400 215500.00 272000 2013960 580.50 210007000 14,960,400 43,000.00 309000 2245400 645.00 45000,000 291920,000 865000.00 40,000 299,200 860.00 10,000,040 74,8009000 215,000.00 507000 374,000 1075.00 Page t of 4 ' s Schedule A FORT WORTH WATER DEPARTMENT RATES FOR WATER SERVICE-INDUSTRIAL EFFECTIVE JANUARY 2011 The water bill for a customer consists of two charges: 1. Monthly Service Charge: Based on the size of meter serving the customer. 2. Volume Charge: Based on volume of water used. A monthly service charge in the following amount shall be charged on the size of the meter serving the customer: Monthly Monthly Meter Service Meter Service Size har e Size Charge 518" $ 7.00 3" $ 58-38 3l4" 7.25 4" 1 02.25 1" 10.25 6" 222.00 1-112" 18.00 8" 380.00 2" 27.00 10" 595.00 Monthly water-Rate Volume Charge Only Cubic Feet Rate All $ 1.90 per 100 Cu. Ft. Cubic Volume Cubic Volume Feet Gallons Ch_ arse Feet Gallons Chi 100 748 1.90 60,000 448,800 1,140.00 400 29992 7.60 705000 5235600 1,330.00 800 5,984 15.20 80,000 598,400 19520.00 1,200 8,976 22.80 905000 6733200 1,710.00 1,600 119968 30.40 1005000 748,000 19900.00 2,000 14,960 38.00 110,000 822,800 25090.00 3,000 221440 57.00 1255000 9355000 2,375.00 4,000 299920 76.00 1359000 1,009,800 29565.00 5,000 37,400 95.04 1501000 1,122,000 29850.00 61000 4400 11 4.00 200,000 1.90 1,496,000 3,800.00 75000 1.90 525360 133.00 250,000 198709000 41750.00 8,000 595840 152.00 27000 2,019,600 5,130.00 9,000 679320 171.00 30000 21244,000 55700.00 10,000 74,800 190.00 400,000 25992,000 75600.00 14,000 1 04,720 266.00 5003000 3,740,000 9,500.00 20,000 1493600 380-00 150005000 7,4809000 199000.00 27,000 20 15960 513.00 2,0001000 149960,000 383000.00 30,000 224,400 570.00 4,000,000 291920,000 769000.00 40,000 299,200 760.00 10,000,000 749800,000 1909000.00 509000 374,000 950.00 Page 2 of 4 Schedule A FORT WORTH WATER DEPARTMENT RATES FOR WASTEWATER SERVICE EFFECTIVE JANUARY 2011 The sewer bill for a customer consists to two charges: 1.MONTHLY CHARGE: Based on the size of water meter serving the customer. 2.VOLUME CHARGE: Based on volume of wastewater produced at$2.64 per 100 cubic feet for residential customers and$3.15 per 100 cubic feet for non-monitored commercial and industrial customers. A monthly service charge in the following amount shall be charged on the size of the meter serving the customer: Monthly Monthly Meter Service Meter Service Size Charge Size Charge 518" $ 5.10 3" $ 17-55 314" 5.40 4" 27.00 1" 6.00 6" 52.50 1-112" 7.50 8" 88,50 2" 9.30 loll 130,50 12" 163,50 The monthly volume charges for Residential Class Customers will be based on individual customer's average monthly water used during the preceding winter quarter months of December,January,and February,but in no event shall the volume used to compute this monthly charge for this customer class exceed three thousand (3,000)cubic feet. The monthly charges to Nan-Residential Non-Monitored Customers will be based on total water use as measured by appropriate meters. With the provision that if a customer can show to the satisfaction of the Director of the Water Department that a significant portion of the metered water usage does not enter the sanitary sewers,the customer will be charged for only that volume entering the sewers. Residential Non-Residential Non-Residential Cubic Volume Volume Cubic Volume Feet Gallons Charge Chars Feet Gallons Ch._ arg 100 748 $2.64 $ 3.15 5000 44,880 189.60 400 2992 10.55 12.64 7000 52,360 221.20 800 5984 21.12 25.28 8000 59,840 252.80 1000 7480 26.40 31.60 9000 67,320 284.40 1200 8976 31.58 37.92 10000 74,800 315.00 1500 11220 39.60 47.40 14000 104,720 442.40 1500 11968 42.24 50.56 20000 149,600 632.00 2004 14960 52.80 63.20 27040 201,960 853.20 3004 22440 79.20 94.80 30004 224,400 948.00 4000 29920 126.40 40400 2991200 1,264.00 5000 37400 158.00 54000 374,000 1,584.00 MONITORED COMMERCIAL AND INDUSTRIAL Volume Charge $2.34 per 100 Cu.Ft. BGD Strength Charge $0.2208 per pound of BOD Suspended Solids Strength Charge $0.1010 per pound of SS Monitoring Charge Total Actual Cost Page 3 of 4 Schedule A FORT WORTH WATER DEPARTMENT RATES FOR WATER SERVICE-IRRIGATION EFFECTIVE JANUARY 2011 The water bill for a customer consists of two charges: 1. MONTHLY SERVICE CHARGE: Based on the size of meter serving the customer. 2. VOLUME CHARGE: Based on volume of water used. A monthly service charge in the following amount shall be charged on the size of the meter serving the customer: Monthly Monthly Meter Service Meter Service S„ ize Charge Size Ch, harge 5181' $ 7.00 3" $ 58.38 314t' 7.25 4" 10+2.25 1"+ 10.25 6" 222.00 1-112 1 8.00 811 380.00 2" 27.04 10" 595.00 Monthly Water Rate Volume Qhar e Only Cubic Feet Rate First 5,000 $2.68 per 100 Cu. Ft. 5,001 to 10,000 $3.31 per 100 Cu. Ft. Over 10,000 $3.98 per 100 Cu. Ft. Cubic Volume Cubic Volume Feet Gallons Feet Gallons Charge 100 748 $ 2.65 60,000 4483800 $ 27289.50 400 2,992 10.72 703000 523,600 2,687.50 804 59984 21.44 809000 5989400 37085.54 11200 81976 32.16 90,000 673,200 33483.50 13600 $ 2.68 119968 42.88 140,000 7481000 3,881.50 2,000 145964 53.60 11 0,000 822,800 4,279.50 3,000 22,440 80.40 125,000 935,000 43876.50 45000 29,920 107.20 1355400 15009,800 51274.50 51000 375400 134.00 1 505000 11122,000 5,871.50 6,000 44,880 167.10 200,000 $3.98 13496,040 701.50 73400 52,360 200.24 250,000 13870,400 9,851.50 83004 $3.31 59,840 233.30 270,000 2,0197600 14,647.50 91000 67,320 266.40 3001000 2,2441000 119841.54 105000 749800 299.50 4007044 2,992,000 159821.50 1400 1441720 458.70 5402000 3174000 19980 1.50 203000 14900 697.50 15004,000 7548000 39,701.50 279040 2419960 976.10 2,000,000 141,9649000 795501.50 34,000 $3.98 224,400 17095.50 45000,000 292920,000 1595141.50 401000 2991000 11493.50 5,0005004 37,400,000 1985901.50 503,400 3745000 15891.50 10,000,000 747800,000 397,941.50 Page 4 of