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Home My WebLink AboutContract 43592crtv s�crte�� corrtRnci �w• l� �' �� AWARD/CONTRACT 1. THIS CONTRACT' IS A RATED ORDER RATING PAGE OF PAGES UNDER DPAS (15 CFR 700) 1 16 2. CONTRACT' (Prot. hts4 /dent) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCI-IASE REQUESI'/PROJECT NO. N69450-12-G0062 28 Aug 2012 5. ISSUED BY CODE N69450 6. ADMIMSTERED BY (/Jnrherdrmr/rem 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 (A�r. street, ciryt couxty, store mrdzipcode) 8. DELIVERY FORTVIORTH, CITYOF [ ]FOB ORIGIN [ X ] OTHER (.See helmr) 1511 11TH AVE FORT NORTH TX 76102-4350 9. DISCOUNT FOR P ROMP T PAYMENT Net 30 Days lO.SUBMITINVOICES 1 ITEM (-0 copies unless olhenvice specked)) TO THE ADDRESS SHOWN IN: Section G CODE 0[34G6 FACILITY CODE 1 I. SHIP TO/MARK FOR CODE Nt�4.50 12. PAYMENT WILL BE MADE BY CODE N�732 NAVFAC SOUTHEAST DFAS-CLEVELAND,NORFOLKACCOUNTS PAYPBLE ANNIE BEATY PO BOX 9980'12 PND FORT NORTH CLEVELAND OH 44193 1215 DEPOT AVE NASJRBFORT NORTH FORT NORTH TX 70127-1215 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA COMPETITION: [ X ] ]0 U.S.C. 2304(c)( 1 ) [ ] 41 U.S.C. 253(c)( ) �.Q�p-11t1��A ,p. 15A. ITEM NO. TSB. SUPPLIESiSERVICES ISC. QUANTITY ISD. UNIT 15E. UNIT PRI oo4P��°a � 0 o Fih p p� ��O A Uy. � ��° O� gg�� gg REDUCE �� n� a �FICIAL-RE�Oi� � n°-�d OTY SECRETARX � i"�Xp,�4,a�`'� J, �Ca s��r, City Secre [��'. iNORTH, TX �.Au�� 15G. TOTALAMOUNTOFCONTRACT 4 500 000.00 EST 16. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE X SEC. DESCRIPTION PAGE S PARTI - THESCHIDULE PARTII - CONTRACTCLAUSF� X A SOLICITATION/ CONTRACT FORM 1 X I CONTRACT CLAUSES 13 - 16 X B SUPPLIES OR SERVICES ANDPRICESiCOSTS 2-5 PARTIH-LISTOFDOCUMIN"IS EXHIBI'ISANDOTHDiATTACHn1TN'IS X C DESCRIPTION/ SPECS./ WORK SPAT EMENT 6 - 8 J LIST' OF ATTACI-IMENTS D PACKAGING AND MARKING PARTIV - REPRESINTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 9 K REPRESENTATIONS,CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS X F DELIVERIES OR PERFORMANCE 10 X G CONTRACT' ADMINISTRATION DATA 11 - 12 L INSTRS. CONDS. ANDNOTICESTOOFFERORS H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. [�(] CONTRAC.TOR'S NEGOTIATED AGREEMENT Contractor is required to sien this 18. [ ]AWARD (Contractor is notreauired to sien this documenU Your offer on Solicitation Num bet documantand return copies to issuinP office.) Contractor agrees to Furnish and deliver all items or perform all the services set forth or otherH�se identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties fi this including the additions or changes made by you which additions or changes are set fords in full contract shall tie subj act W and governed 6y the following documents: (a) this award/contract, above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates (b) the split@afion, if any, and (c) such provisions, representations, certifications, and specifications, the contract which consists of the following documen�� (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 print) 20A. NAME OrF''CO//NT/^RACVTING OFFICER � �� w � �'1 O EMAIL: 19B. NAME OF CONTRA OR�/ 19 . DATE Sl D 20B. UN ED STA"T S OF AMERTCA 20C. D(A�TE,SInGNE)D _ BY �^ 9/��Z - B_Y / 9�/ /NI v . (.Signnnrre ojperswr mnhorized ro sign) (Srgnnurre oJConrmcnng Officer) r r AUTHORIZED FOR LOCAL REPRODUCTION �rRaa�ra=:as acv ev s�•oe.� a=.•�----�----- - Previousedition is usable i�. � �_ � `) .J�� - STANDARD FORM 26 (REV. 4/2008) AA�� ( Q� �) - A 1V� 1►LQ.�(�1��Q��li�� .214(a) � �� N69450-12-C-0062 Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT 0001 1 Project Water &Sewer Service FFP Account Number: 574173-277906 SE_35_FW_00003 SE_35_SE_00003 Service address on invoice: 6700 Boyington Dr. Actual addresss: 1022 Perimeter Rd. FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY UNIT 0002 1 Project 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 Page 2 of 16 UNIT PRICE AMOUNT $1205000000 $120,000.0O EST NET AMT $120,000.00 (EST.) UNIT PRICE AMOUNT $60,000.00 $60,000.00 EST hhll II:��if $60,000.00 (EST.) N69450A 2-C"0062 ITEM NO SUPPLIES/SERVICES 0003 QUANTITY 1 Water &Sewer Service FP Account 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 ITEM NO SUPPLIES/SERVICES QUANTITY 0004 1 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 UNIT UNIT PRICE Project $1203000900 Page 3 of 16 AMOUNT $120,000.00 EST NET AMT $1201000.00 (EST) UNIT UNIT PRICE AMOUNT Project $350,000.00 $350,000.00 EST NET AMT $350,000.00 (EST.) N69450-12-C-0062 Page 4 of 16 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Project $750,000.00 $750,000.00 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 $7501000.00 (EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 1 Project $3,075,000.00 $3,075,000.00 EST Water &Sewer Service FFP Account Number: 574173-277920 SE_35_17W_00009 SE_35_SE_00009 Service address on invoice: 6350 Nimitz Dr. Actual addresss: 6350 Nimitz Dr. FOB: Destination ►I�hYII�Tl11 $3,075,000.00 (EST.) N6945042-C-0062 ITEM NO SUPPLIES/SERVICES 0007 QUANTITY UNIT 1 Project Water &Sewer Service FFP Account Number: 574173-278052 SE_35_FW_00010 SE_35_SE_00010 Service address on invoice: 150 Coody Dr. Actual addresss: 4146 Perimeter Dr. FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY UNIT 0008 1 Project 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 UNIT PRICE $12,500.00 Page 5 of 16 AMOUNT $12,500000 EST NET AMT $12,500900 (EST) UNIT PRICE AMOUNT $12,500.00 $12,500.00 EST NET AMT $12,500.00 (EST.) N6945042-C-0062 Page 001 16 Section C - Descriptions and Specifications STATEMENT OF WORK C.1.1. SCOPE FOR WATER SERVICE The Contractor shall 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 shall 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 local 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. N6945042-C-0062 Page / 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. C.4. DEFINITIONS As used throughout this contract, the following terms are defined as follows. Additional definitions can be found in the "DEFINITIONS" clause (FAR 52.2024) of Section I. Contracting Officer (KO). 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. Conb•actor. 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 a11ow construction/repairs on the installation(s). N6945042-C-0062 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. Emergency 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. N6945042-C-0062 Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY 0001 Destination Government 0002 Destination Government 0003 Destination Government 0004 Destination Government 0005 Destination Government 0006 Destination Government 0007 Destination Government 0008 Destination Government Page 9 of 16 ACCEPT AT ACCEPT BY Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government 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 O1-SEP-2012 TO N/A NAVFAC SOUTHEAST N69450 31-AUG-2022 ANNIE BEATY PWD FORT WORTH 1215 DEPOT AVE NAS JRB FORT WORTH FORT WORTH TX 761274215 FOB: Destination 0002 POP O1-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0003 POP O1-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0004 POP O1-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION} N69450 31-AUG-2022 FOB: Destination 0005 POP Oi-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0006 POP O1-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0007 POP O1- CUD -2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination 0008 POP O1-SEP-2012 TO N/A (SAME AS PREVIOUS LOCATION) N69450 31-AUG-2022 FOB: Destination N6945042-C-0062 Page 11 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 We 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 44574173-277906: NAVAL AIR STATION FT WORTH JRB US NAVY REF SE 35 FW_00003 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 7RB US NAVY REF SE 35 FW_00005 PO BOX 30088 COLLEGE STATION TX 77842-3088 N6945042-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_35_FW 00010 PO BOX 30088 COLLEGE STATION TX 77842-3088 For CNIC account #1096959-277914: AIR STATION FTW NAVAL PWD FORT WORTH 1215 DEPOT AVE FORT WORTH TX 761274054 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: 817-3924477 NAS Fort Worth; Public Works Department: 817-782-6380 N6945042-C-0062 Page 13 of 16 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 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 I 52.20342 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.2044 Printed or Copied Double -Sided on Postconsumer Fiber MAY 2011 Content Paper 52.20440 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 2003 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 52.22240 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 1986 52.232-33 Payment by Electronic Funds Transfer --Central Contractor OCT 2003 Registration 52.233-3 Protest After Award AUG 1996 52.2334 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 52.2414 Change in Class of Service FEB 1995 52.241-5 Contractor's Facilities FEB 1995 52.24243 Bankruptcy JUL 1995 52.2434 Alt I Changes --Fixed Price (Aug 1987) - Alternate I APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012 Price) 52.2494 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 252.232-7010 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 N6945042-C-0062 Page 14 of 16 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period 09/O1/2012 to 08/31/2022 the Contractor agees to furnish and the Government agrees to purchase water and sewer utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract. 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 rates) 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 shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than i 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 1 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 N6945042-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 shall 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 CIIANGE 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 schedules) shall not be in excess of the lowest cost published and unpublished rate schedules) 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.hil l.afmil/farsite. html (End of clause) N6945042-C-0062 Page 16 of 16 252.241-7000 SUPERSEDING CONTRACT. (DEC 1991) This contract supersedes contract No. N62467-96-C-1801, dated O1 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 (J(JN 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 WORTH WATER DEPARTMENT RATES FOR WATER SERVICE -COMMERCIAL 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 Meter Service Size Charge 5/8" $ 7.00 3/4" 7.25 1 it 10.25 1-1/2" 18.00 2" 27.00 Cubic Feet All g Cubic Volume Feet Gallons Chare 100 748 115 400 2,992 8.60 800 5,984 17.20 1,200 8,976 25.80 100 11,968 34.40 2,000 14,960 43.00 3,000 221440 64.50 4,000 2%920 WOO 55000 37,400 107.50 6,000 44,880 129.00 7,000 2.15 525360 150.50 87000 593840 172.00 9,000 677320 193.50 10,000 74,800 215.00 14,000 104,720 301.00 203000 149,600 430.00 27,000 2013960 580.50 305000 224,400 645.00 40,000 299,200 860.00 50,000 374,000 1075.00 Meter Size 3" 4" 6" 8" 10" Monthly Water Rate Volume Charge Only Rate $ 2.15 per 100 Cu. Ft. Cubic Feet 60,000 70,000 80,000 90,000 100,000 110,000 125,000 1353000 150,000 200,000 250,000 2703000 300,000 1003000 500,000 1,000,000 2,000,000 4,000,000 10,000,000 Monthly Service Charge 38 102.25 222.00 380.00 595.00 Volume Gallons Charge 4483800 12290.00 523,600 1,505.00 598,400 13720.00 673,200 1,935.00 748,000 2,150.00 822,800 2,365.00 935,000 25687.50 1300%800 21902.50 I,122,000 3,225.00 2.15 15496,000 45300.00 138705000 5,375.00 230193600 51805.00 23244,000 6,450.00 219923000 8,600.00 3,740,000 10)750.00 7,480,000 213500.00 14,9%000 43,000.00 29,920,000 86,000.00 74,800,000 215,000.00 Page 1 of 4 Schedule A FORT WORTH WATER DEPARTMENT RATES FOR WATER SERVICE -INDUSTRIAL The water bill for a customer consists of two charges: 1. Monthly Service Charge: 2. Volume Charge: EFFECTIVE JANUARY 2011 Based on the size of meter sewing the customer. Based on volume of water used. A monthly service charge in the following amount shall be charged on the size of the meter sewing the customer: Meter Size 5/8" 3/4" 1" 1-1/2" 2'1 Cubic Feet 100 400 800 1,200 1,600 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 14,000 20,000 27,000 30,000 40,000 50,000 Gallons 748 2,992 5,984 8,976 11,968 14,960 22,440 29,920 37,400 44,880 52,360 5%840 67,320 743800 104,720 14%600 201,960 224,400 2995200 374,000 Monthly Service Charge 7.00 T25 10.25 18.00 27.00 Cubic Feet All Volume Charge 1.90 T 60 15.20 22.80 30.40 3 8.00 57.00 76.00 95.00 114.00 13IN 15IN 171.00 190.00 266.00 3 80.00 51IN 570.00 760.00 950.00 Monthly Water Rate Volume Charge Only Rate 1.90 per 100 Cu. Ft. Cubic Feet 60,000 70,000 80,000 90,000 1005000 110,000 125,000 1355000 1503000 200,000 250,000 270,000 300,000 400,000 500,000 1,000,000 2,000,000 4,000,000 10,0003000 0 Monthly Service Charge 58.38 02.25 222.00 380.00 595.00 Gallons 448,800 523,600 598,400 6733200 7485000 822,800 935,000 1,009,800 1,122,000 1,496,000 1, 870,000 2,0193600 2,244,000 2,992,000 3,740,000 7,480,000 14,9%000 29,920,000 74,800,000 Volume Charge 1, 140.00 1,330,00 1,520.00 I,710400 1,900.00 2,090000 2,375.00 2,565.00 2,850.00 3,800600 4,750.00 5,130.00 5,700600 7,600.00 9,500000 19,000600 38,000.00 76,000400 190,000000 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 $3.16 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 5/8" $ 5.10 3" $ 17.55 3/4" 5.40 4" 27.00 1" 6.00 6" 52.50 1-1/2" 7.50 8" 88.50 2" 9.30 Wil 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 Non-ResidentialMon-Monitoire d 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. Cubic Feet Gallons Residential Non -Residential Non -Residential MONITORED COMMERCIAL AND INDUSTRIAL Volume Charge BOD Strength Charge 34 per Page 3 of 4 Schedule A FORT WORTH WATER DEPARTMENT RATES FOR WATER SERVICE -IRRIGATION The water bill for a customer consists of two charges: 1. MONTHLY SERVICE CHARGE: 2. VOLUME CHARGE: EFFECTIVE JANUARY 2011 Based on the size of meter serving the customer. 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 Meter Service Size Charge 5/8" $ 7.00 3/4" 7.25 1 if 10.25 1-1/2" 18.00 2" 27.00 Cubic Feet First 5,000 5,001 to 10,000 Over 10,000 Cubic Volume Feet Gallons Charge 100 748 $ 2.68 400 2,992 10.72 800 55984 21.44 11200 81976 32.16 1,600 $ 2.68 11,968 42.88 21000 143960 53.60 3,000 225440 80.40 4,000 29,920 107.20 55000 37,400 134.00 6,000 443880 167.10 7,000 52,360 200.20 8,000 $3.31 59,840 233.30 %000 67,320 266.40 10,000 745800 299.50 1400 104,720 458.70 203000 1497600 697.50 27,000 201,960 976.10 30,000 $3.98 224,400 1,095.50 40,000 299,000 11493.50 503000 374,000 1, 891.50 Meter Size 3" 4" 6" 8° 10" Monthly Water Rate Volume Charge only 0 Rate $2.68 per 100 Cu. Ft. $3.31 per 100 Cu. Ft. $3.98 per 100 Cu. Ft. Monthly Service Charge 58.38 102.25 222.00 380.00 595.00 g Cubic Volume Feet Gallons Chare 6000 448,800 $ 2,289.50 70,000 5231600 2,68T50 80,000 598,400 3,085.50 90,000 6737200 35483.50 100)000 7485000 3,881.50 110,000 822,800 4,279.50 125,000 935,000 45876950 1355000 1,0095800 55274.50 150,000 11122,000 5,871 t50 200,000 $3.98 13496,000 7,861.50 2503000 1,8703000 9,851.50 270,000 2,019,600 103647.50 300,000 2,244,000 111841.50 4003000 23992,000 15,821.50 5005000 35740,000 19,801.50 1,000,000 7,480,000 39,701 v50 2,000,000 14,960,000 791501.50 4,000)000 29,9205000 159,101.50 5,000,000 37,400,000 198,901650 10,000,000 7458003000 3973901.50 Page 4 of 4