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HomeMy WebLinkAbout2017 CONTRACT AWARD 5001 CODE (Hour) PAGE(S) until local time X A X B X C D EX X G F H RATING PAGE OF PAGES 7. ISSUED BY (Date) 01-Dec-2017 IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c) CHARLES D. BENSON 122 (If other than Item 7) 15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO AND ADDRESS SIGN OFFER (Type or print) OF OFFEROR * / GOV'T POC AMENDMENT NO. DATE 15B. TELEPHONE NO (Include area code)17. SIGNATURE 360-473-5296 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. 18. OFFER DATE CITY OF BREMERTON * 100 OYSTER BAY AVE N BREMERTON WA 98312-3455 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 2. CONTRACT NO. N4425518C5001 N44255 8. ADDRESS OFFER TO See Item 7 9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION CALL: A. NAME (NO COLLECT CALLS) 11. TABLE OF CONTENTS SOLICITATION/ CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/ COSTS 1 2 X I CONTRACT CLAUSES DESCRIPTION/ SPECS./ WORK STATEMENT X PACKAGING AND MARKING 3 - 4 J LIST OF ATTACHMENTS INSPECTION AND ACCEPTANCE DELIVERIES OR PERFORMANCE 5 6 K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS CONTRACT ADMINISTRATION DATA 7 - 8 SPECIAL CONTRACT REQUIREMENTS OFFER (Must be fully completed by offeror) M L INSTRS., CONDS., AND NOTICES TO OFFERORS EVALUATION FACTORS FOR AWARD NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENTS(The offeror acknowledges receipt of amendments AMENDMENT NO. DATE to the SOLICITATION for offerors and related documents numbered and dated): 04DN7 FACILITY 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period SOLICITATION, OFFER AND AWARD chuck.benson@navy.mil X (X)SEC. DESCRIPTION (X)SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE 26. NAME OF CONTRACTING OFFICER (Type or print)27. UNITED STATES OF AMERICA 28. AWARD DATE EMAIL:TEL: 360-396-0052 (Signature of Contracting Officer) CODE CODE B. TELEPHONE (Include area code)C. E-MAIL ADDRESS AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION $8,854,000.00 EST 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: X 10 U.S.C. 2304(c)( )1 41 U.S.C. 253(c)( )(4 copies unless otherwise specified) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE N68732 DFAS CLEVELAND ACCOUNTS PAYABLE PO BOX 998022 CLEVELAND OH 44199-8022 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 9 - 21 PART II - CONTRACT CLAUSES NAVFAC NORTHWEST 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 FAX: TEL: FAX: TEL: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 22 6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP) [ ] [ ] 3. SOLICITATION NO. See Item 7 N4425518C5001 Page 2 of 22 Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 2,187,000 Each $1.00 $2,187,000.00 EST Potable Water at Jackson Park Housing FFP Price for metered water at Jackson Park Housing shall be based on the City's retail water service rate for a ten-inch meter (account 5352000) and an eight-inch meter (account 5352050) as indicated in the City of Bremerton Ordinance provided as Attachment J.1 to this contract. See Attachment J.2 for a listing of accounts and deduct meter sizes for water charges. FOB: Destination NET AMT $2,187,000.00 (EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 6,667,000 Each $1.00 $6,667,000.00 EST Sewage Treatment at Jackson Park Housing FFP Price for sewage at Jackson Park shall be based upon the City's retail wastewater service rate "Multi family" (Account 5352200) as shown on Attachment J.1 FOB: Destination NET AMT $6,667,000.00 (EST.) N4425518C5001 Page 3 of 22 Section C - Descriptions and Specifications DESCRPTION OF SERVICE C.1 General Requirements: The contractor shall provide all labor, supervision, tools, equipment, and transportation necessary to provide for services under this contract. C.2 Premises to be Served: Navy Jackson Park Housing Area Bremerton, WA C.3 Points of Delivery (P.O.D.): CLIN 0001 - Water for the Navy at Jackson Park housing shall be supplied at the 8 inch meter located at the south end of Root Court and South Shore Drive (account # 5352050), and at the 10 inch meter located at 100 Austin Drive (intersection of Austin Drive and Olding Road. (account # 5352000). CLIN 0002 - Wastewater shall be received and metered by the City of Bremerton at one P.O.D. on the easterly side of South Shore Road at Rankin Road at the City’s lift station OB5. (account # 5352200) C.4 Estimated Service: CLIN 0001 - WATER Estimated annual volume: 100,000 HCF CLIN 0002 - SEWER Estimated annual Volume: 100,000 HCF C.5 Service to be Rendered: WATER: The City shall provide at its expense all necessary facilities and permits required to connect the City of Bremerton water distribution system to the Government water system at the points of delivery specified in this contract for the purpose of providing reliable water service to Naval Hospital Bremerton. The City shall take all reasonable efforts to provide a peak fire flow demand (combined from both P.O.D.’s) of 3750 gpm at a residual pressure of approximately 75 psig at the Root Court connection and a residual pressure of approximately 40 psig at the Olding Road connection. The city shall maintain a minimum normal pressure range within 10% of these pressures at the respective P.O.D.s. The water supplied will be clear, potable, and safe for human consumption. The water supplied shall be in accordance with the applicable standards as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. SEWER: The City shall provide at its expense all necessary facilities and permits required to receive, carry, treat, and dispose of sewage from Jackson Park Naval Housing at the point of delivery specified in this contract. The City shall receive, carry, treat, and dispose of sewage in a manner, and by such means, as will not constitute a hazard to the public health. The City shall operate its sewage facilities in conformity with applicable laws, rules, and regulations as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. C.6 Term of Service: This contract shall be in effect for a period of ten (10) years after the effeective date of 1 Decmber 2017 or until terminated at the option of the Government by giving written notice to the City of Bremerton not less that 30 days in advance of the effective date of termination. N4425518C5001 Page 4 of 22 C.7 Rate Schedule: Water and Sewer rates charged on this contract shall be in accordance with the City of Bremerton’s current rates and charges as shown in “Assessments, Rates, Fees, and Charges provided as Attachment J.1. This attachment may also be found at the city’s website at the following link: http://www.ci.bremerton.wa.us/524/Utility-Billing Water charges will be based upon the retail rate for the 8-inch and 10-inch meters, “Inside City Limits” and using the “Non-Residential Commodity Charge”.. Sewer will be based upon the “Multi-Family” retail service rate for the Base and Commodity charges Attachment J.2 provides a listing of water and sewer account information. End of Section C N4425518C5001 Page 5 of 22 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 N/A N/A N/A Government 0002 N/A N/A N/A Government N4425518C5001 Page 6 of 22 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 01-DEC-2027 2,187,000 NAVFAC NORTHWEST CHARLES D. BENSON 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 360-396-0052 FOB: Destination N44255 0002 01-DEC-2027 6,667,000 (SAME AS PREVIOUS LOCATION) FOB: Destination N44255 N4425518C5001 Page 7 of 22 Section G - Contract Administration Data ACCOUNT & INVOICE INFORMATION G.1 Payments: The City shall be paid by the designated disbursing office for services furnished under the contract at the rates specified. All bills for regular monthly service shall be paid according to the Prompt Payment Act. The Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the City under like conditions of service. The Government shall notify the City, in writing, within 30 days following receipt of any disputed billing. The Government may pay the disputed billings in full under protest, pending a negotiated resolution pursuant to an appropriate audit, if required, and in accordance with the Disputes Clause of the contract. G. 2 Invoices: Invoices for water and sewage service provided under CLINS 0001 and 0002 shall contain statements of the meter readings at the beginning and end of the billing period, including the consumption during the billing period as well as deductions with cost breakdowns showing Naval Hospital Bremerton and other’s usage through the Jackson Park Housing Points Of Delivery. Invoices will also clearly state the City rate applied to the appropriate CLINs. The fixed and volumetric components of the appropriate rate(s) shall be clearly identified. Navy contract number, (N44255-18-C-5001) as well as the individual city utility account and applicable meter numbers shall also be clearly presented on the invoice. Water and sewage billing shall be on a monthly basis for the following accounts: Contract Line Item Number (CLIN) City of Bremerton Account Number Commodity/Rate Service Point ID/ Gov’t Acct Number Point of Connection 0001 5352000 Water (10” meter) NW_57_FW_00001 100 Austin Drive 0001 5352050 Water (8” meter) NW_57_FW_00002 Root Court & S. Shore Dr 0002 5352200 Sewage (Multi- Family Rate) NW_57_SE_00001 S. Shore Rd. @ Rankin Rd. All invoices for the above accounts shall be mailed to the address provided below with the representative Government Account Number included in the second line of the address to ensure accurate processing of invoices. Utility Invoice Processing Center (Insert Respective Government Account Number) Box 159 9226 Third Avenue Norfolk, VA 23511-2313 G.3 Other Communication: All other communication regarding this contract shall be addressed as follows: Utility Service Provider City of Bremerton Attn: Public Works Department 100 Oyster Bay Ave N Bremerton, WA 98312-3455 Government: Department of Navy Naval Facilities Engineering Command Northwest Attention: Utilities Contracts 1101 Tautog Circle Silverdale, WA 98315-1101 N4425518C5001 Page 8 of 22 G.4 Accounting and Appropriation Data: The Certifying Official shall cite funding for recurring services on each invoice. Nonrecurring services will normally be procured through contract modification and shall be separately invoiced. G.5 Base Access and Security Requirements: 5.1 Navy Installations Access - The Contractor shall ensure that all security/entrance clearances are obtained. All Contractor employees shall obtain the required employee and vehicle passes. Employee badges may be obtained either by visiting the Pass and ID Office daily to obtain a pass or utilizing the Defense Biometric Identification System (DBIDS). More information on DBIDS can be found at https://www.cnic.navy.mil/om/dbids.html . The Contractor is responsible for filling out all forms and providing all information necessary to request passes and/or badges. Heightened security requirements may cause unexpected delays. The Contractor is responsible for requesting badges in a timely manner. Each employee shall wear the Government issued badge over the front of the outer clothing. When working on site, if wearing the badge would be a safety hazard, the individual may remove the badge but shall retain it in his/her possession to show if challenged. When an employee leaves the Contractor's or subcontractor's service, the employee's pass and/or badge shall be returned to the Government. Upon completion of the work, the Contractor shall return all identification items issued to him during the course of the contract. The Contractor shall provide accompanied escorts for contractor and subcontractor personnel as needed to meet installation security requirements. Contractor or subcontractor personnel who do not possess permanent access credentials shall not be left unattended. 5.2 Camera, Video and Recording Equipment — No camera, video, or recording equipment may be brought aboard an Activity without submission and approval of camera/video/recording (Camcorder) equipment permit. The request must be submitted to the Activity Energy Manager/COR via the Contracting Officer. 5.3 Radio Transmitter Restrictions — Conform to the restrictions and procedures for the use of radio transmitting equipment, as directed. Do not use transmitters without prior approval. G.6 Rate Changes: The City shall notify the Navy of any rate changes as far in advance as is reasonable. Changes in rates or terms and conditions of service are subject to the provisions of FAR Clause 52.241-8, “Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995). CLAUSES INCORPORATED BY FULL TEXT 252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICER SPECIFIED ACRN ORDER. (SEP 2009) The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified below: ACRN Order LOA will be cited at time of Payment (End of clause) N4425518C5001 Page 9 of 22 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.232-1 Payments APR 1984 52.232-11 Extras APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 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 52.241-11 Multiple Service Locations FEB 1995 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed- Price) APR 2012 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies DEC 2008 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism OCT 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.241-7001 Government Access DEC 1991 N4425518C5001 Page 10 of 22 252.243-7002 Requests for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 52.222-26 EQUAL OPPORTUNITY (SEPT 2016) ALTERNATE I (FEB 1999) Notice. The following terms of this clause are waived for this contract :NA. (a) Definitions. As used in this clause-- Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an N4425518C5001 Page 11 of 22 Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by— (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. N4425518C5001 Page 12 of 22 (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. (End of clause) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) ALTERNATE I (JUL 2014) Notice: The following term(s) of this clause are waived for this contract: ----------NA (a) Definitions. As used in this clause-- ``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) N4425518C5001 Page 13 of 22 (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.233-1 DISPUTES. (MAY 2014) -- ALTERNATE I (DEC 1991) (a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claimexceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor. (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71. N4425518C5001 Page 14 of 22 (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. (End of clause) 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period 10 years commencing on 1 December 2017 and ending 30 November 2027 the Contractor agrees 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. (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 date. (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 shall be made to the next invoice for the purpose of N4425518C5001 Page 15 of 22 correcting such errors. However, any meter which registers not more than 3% 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 28 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 5 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 3% 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 3% 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 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 24 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) 52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995) (a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. (b) After one year , either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes. (c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service. (d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract. (e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. N4425518C5001 Page 16 of 22 (End of clause) 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) - ALTERNATE I (APR 1984) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (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): https://www.acquisition.gov/?q=browsefar (End of clause) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. N4425518C5001 Page 17 of 22 Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category- list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-- (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. Rapidly report means within 72 hours of discovery of any cyber incident. N4425518C5001 Page 18 of 22 Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. (2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: (i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. (C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. (D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. (3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) N4425518C5001 Page 19 of 22 of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. (c) Cyber incident reporting requirement. (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-- (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. N4425518C5001 Page 20 of 22 (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- (1) To entities with missions that may be affected by such information; (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; (3) To Government entities that conduct counterintelligence or law enforcement investigations; (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or (5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. (m) Subcontracts. The Contractor shall-- (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and (2) Require subcontractors to-- (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause) N4425518C5001 Page 21 of 22 252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013) (a) Definition. ``Export-controlled items,'' as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes-- (1) ``Defense items,'' defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120; and (2) ``Items,'' defined in the EAR as ``commodities'', ``software'', and ``technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to— (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR Parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) N4425518C5001 Page 22 of 22 Section J - List of Documents, Exhibits and Other Attachments CONTRACT ATTACHMENTS The following documents are appended to the contract and do not increase or alter the page count shown throughout the rest of contract document. Attachment J.1 City of Bremerton “Assessments, Rates, Fees, and Charges Effective July 1, 2017” Attachment J.2 Accounts and Adjustments for Jackson Park housing Attachment J.3 Reid Middleton Water System Overview Map 1 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2018 Inside/Outside City Limits Inside/Outside City Limits GENERAL FACILITY CHARGES* Water based on meter size average normal flow 5/8” x 3/4” Residential and Commercial $4,448.58 $5,880.00 1” Residential $4,448.58 $5,880.00 1” Commercial $6,094.59 $8,056.00 1 1/2” Commercial $35,587.67 $47,040.00 2” Commercial $35,587.67 $47,040.00 3” Commercial $88,969.18 $117,600.00 4” Commercial $177,938.37 $235,200.00 Greater than 4” Case by Case basis Case by Case basis Wastewater based on meter size average normal flow 5/8” x 3/4” Residential and Commercial $5,714.91 $6,863.00 1” Residential $5,714.91 $6,863.00 1” Commercial $7,086.43 $8,510.00 1 1/2” Commercial $40,004.40 $48,041.00 2” Commercial $40,004.40 $48,041.00 3” Commercial $102,868.46 $123,534.00 4” Commercial $205,736.92 $247,068.00 Greater than 4” Case by Case basis Case by Case basis Stormwater (per IHSU) $2,443.00 $3,157.00 The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2017, and January 1, 2018, general facility charges unless approved by City Council. 2017 2017 Inside City Limits Outside City Limits CONNECTION FEES Water Connection Fees 5/8" x 3/4" $2,710.00 $4,065.00 1"$2,922.00 $4,383.00 1 1/2" $6,190.00 $9,285.00 2"$7,003.00 $10,505.00 3" - 4" x 4" - Service to property line $13,038.00 $19,557.00 3" - 4" x 6" - Service to property line $13,216.00 $19,824.00 3" - 4" x 8" - Service to property line $13,536.00 $20,305.00 3" - 4" x 10" - Service to property line $15,225.00 $22,838.00 3" - 4" x 12" - Service to property line $13,279.00 $19,919.00 4" - 4" x 4" - Service to property line $14,412.00 $21,619.00 4" - 4" x 6" - Service to property line $14,591.00 $21,886.00 4" - 4" x 8" - Service to property line $14,912.00 $22,367.00 4" - 4" x 10" - Service to property line $16,599.00 $24,899.00 4" - 4" x 12" - Service to property line $16,605.00 $24,906.00 6" - 6" x 6" - Service to property line $17,476.00 $26,214.00 6" - 6" x 8" - Service to property line $17,797.00 $26,695.00 6" - 6" x 10" - Service to property line $19,485.00 $29,227.00 6" - 6" x 12" - Service to property line $19,485.00 $29,227.00 8" - 8" x 8" - Service to property line $23,150.00 $34,725.00 N44255-18-C-5002 Attachment J.1 2 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits 8" - 8" x 10" - Service to property line $24,909.00 $37,363.00 8" - 8" x 12" - Service to property line $24,909.00 $37,363.00 10" - 10" x 10" - Service to property line $28,312.00 $42,468.00 10" - 10" x 12" - Service to property line $28,811.00 $43,216.00 Greater than 12" Actual Time & Materials Actual Time & Materials Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill $3,075.00 $4,613.00 4" x 6" - excluding excavation & backfill $3,253.00 $4,879.00 4" x 8" - excluding excavation & backfill $3,574.00 $5,360.00 4" x 10" - excluding excavation & backfill $5,262.00 $7,893.00 4" x 12" - excluding excavation & backfill $5,267.00 $7,900.00 6" x 6" - excluding excavation & backfill $3,485.00 $5,226.00 6" x 8" - excluding excavation & backfill $3,805.00 $5,707.00 6" x 10" - excluding excavation & backfill $5,494.00 $8,240.00 6" x 12" - excluding excavation & backfill $5,494.00 $8,240.00 8" x 8" - excluding excavation & backfill $4,451.00 $6,675.00 8" x 10" - excluding excavation & backfill $6,211.00 $9,316.00 8" x 12" - excluding excavation & backfill $6,330.00 $9,495.00 10" x 10" - excluding excavation & backfill $7,077.00 $10,614.00 10" x 12" - excluding excavation & backfill $7,547.00 $11,321.00 12" x 12" - excluding excavation & backfill $7,457.00 $11,186.00 2" - service to property line $3,783.00 $5,674.00 4" x 4" - service to property line $8,992.00 $13,487.00 4" x 6" - service to property line $9,171.00 $13,756.00 4" x 8" - service to property line $9,491.00 $14,237.00 4" x 10" - service to property line $11,179.00 $16,768.00 4" x 12" - service to property line $11,184.00 $16,776.00 6" x 6" - service to property line $9,061.00 $13,592.00 6" x 8" - service to property line $9,382.00 $14,072.00 6" x 10" - service to property line $11,071.00 $16,606.00 6" x 12" - service to property line $11,071.00 $16,606.00 8" x 8" - service to property line $10,388.00 $15,581.00 8" x 10" - service to property line $12,148.00 $18,222.00 8" x 12" - service to property line $12,147.00 $18,220.00 10" x 10" - service to property line $13,672.00 $20,508.00 10" x 12" - service to property line $14,170.00 $21,255.00 12" x 12" - service to property line $15,077.00 $22,615.00 Fire Hydrant Installation* 6" x 8" and smaller - service to property line $11,731.00 $17,597.00 6"x 10" - service to property line $13,420.00 $20,130.00 6"x 12" service to property line $13,420.00 $20,130.00 PLAN CHECK/INSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot $0.30 $0.44 BUT not less than $249.00 $374.00 (Includes hydrants and appurtenances and connection to water system) 3 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Pump Stations $626.00 $939.00 Fireline Extension $100.00 $150.00 Irrigation Systems $100.00 $150.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development $387.00 N/A Non-Residential Development $268.00 N/A Plus per IHSU $11.65 N/A Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $41.93 N/A 21 - 50 Lots $30.29 N/A 51 - 100 Lots $26.80 N/A 100+ Lots $23.30 N/A Minimum Charge $297.00 N/A Non-Residential Development per IHSU $23.30 N/A Minimum Charge $356.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $297.00 N/A Field Inspection Fees Water main extensions (per foot) $1.32 $1.98 but not less than: $487.00 $731.00 Pump Station $642.00 $963.00 Miscellaneous (per hour) $83.00 $124.00 Wastewater Connection Fees Lateral Connection at P/L $83.00 $124.00 Lateral Connection at Main $314.00 $472.00 Conveyance Facility Ext. (Per Foot) $1.74 $2.60 but not less than: $379.00 $568.00 Pump Station $630.00 $945.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Inspection Fees *** Residential Development (per lot) $17.48 N/A Non-Residential Development (per IHSU) $17.48 N/A Minimum Charge $179.00 N/A Conveyance Facility Extensions (per foot) $0.93 N/A Minimum Charge $356.00 N/A Unscheduled Inspections**** (per site visit) $83.00 N/A MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn-on) $20.00 $20.00 Account Maintenance $5.00 $5.00 Past Due Notice $3.00 $3.00 Lien Recovery Charge $102.00 $102.00 Close Account/Meter Read/Water Service Turn- off $20.00 $20.00 4 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Utility/Lien Search Fee (Manual) per parcel $31.00 $31.00 Park Reservation Fee (non-refundable) $102.00 $102.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $709.00 $1,063.00 Concrete Patch $1,274.00 $1,911.00 Asphalt Trench $1,615.00 $2,423.00 Concrete Trench $1,632.00 $2,447.00 County Road Permit N/A Cost Water Meter Installation 3/4" & 1" $148.00 $148.00 1-1/2" & 2" $229.00 $229.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation- Snowbirds $51.00 $51.00 Water Meter Tampering Tampering Fee $255.00 $255.00 Tampering Repair Actual Time & Materials Actual Time & Materials Fire Service - Detector, Meter & MXU $470.00 $470.00 Storz Adapter $242.00 $242.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours $41.00 $41.00 After Hours $186.00 $186.00 Delinquency Notice $20.00 $20.00 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours $61.00 $61.00 After Hours $186.00 $186.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only $83.00 $83.00 1-1/2" & 2" meters only $151.00 $151.00 Larger than 2" Actual Time & Materials Actual Time & Materials Meter Test Fee (based on meter size) 3/4" & 1" $186.00 $186.00 1-1/2" & 2" 253.00 $253.00 3" or greater Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours No Charge No Charge After Hours $186.00 $186.00 Emergency No Charge No Charge Utility Compliance Specialist Inspection $83.00 $83.00 Administration Fee $35.00 $35.00 Utility Labor Rate Hourly (Equipment not included) $67.00 $67.00 5 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $12.84 $19.26 1 inch $14.68 $22.03 1 1/2 inch $20.87 $31.31 2 inch $28.04 $42.06 3 inch $53.20 $79.80 4 inch $98.86 $148.29 6 inch $351.51 $527.27 8 inch $1,284.01 $1,926.02 10 inch $4,579.50 $6,869.23 12 inch $17,215.80 $25,823.70 Residential Commodity Charge (per HCF) Per HCF/Month $2.22 $3.33 Non - Residential Commodity Charge (per HCF) $2.00 $3.00 Fire Protection - Monthly Service Charge Service Size 1 inch $26.65 $39.97 1 1/2 inch $40.11 $60.17 2 inch $52.15 $78.23 3 inch $57.46 $86.21 4 inch $62.64 $93.95 6 inch $78.18 $117.27 8 inch $104.09 $156.13 10 inch $145.66 $218.49 12 inch $208.09 $312.13 Commodity Charge (per HCF) $4.02 $6.02 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) 5/8" x 3/4" $12.84 $19.26 Base Charge (per account) 1" $14.68 $22.03 Commodity Charge 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $2.22 $3.33 Temporary/Construction Meter 1" Meter Deposit $300.00 $300.00 Base Fee (per month) $14.68 $22.03 Set Up Fee & Removal Fee $296.00 296.00 Hydrant meter (3" Meter) Deposit $2,000.00 $2,000.00 Base Fee (per month) $53.20 $79.80 Set Up Fee $296.00 $296.00 Equipment Loss/Damage Actual Time & MaterialsActual Time & Materials Commodity Charge (per HCF) $2.00 $3.00 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) $1.00 N/A 6 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF) $1.36 N/A RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $34.24 $51.36 Commodity Charge (per HCF) $4.59 $6.89 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit) $27.12 $40.68 Commodity Charge (per HCF) $4.59 $6.89 Multi - Family Base Charge (per unit) $27.12 $40.68 Commodity Charge (per HCF) $4.59 $6.89 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $21.24 $32.26 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $4.59 $6.89 Commercial I Base Charge (per account) $50.61 $75.93 Commodity Charge (per HCF) $4.73 $7.10 Commercial II Base Charge (per account) $50.99 $76.48 Commodity Charge (per HCF) $6.06 $9.09 Commercial III Base Charge (per account) $51.49 77.24 Commodity Charge (per HCF) $7.40 $11.10 Commercial IV Base Charge (per account) $51.99 $77.99 Commodity Charge (per HCF) $8.74 $13.11 Commercial V Base Charge (per account) $57.19 $85.80 Commodity Charge (per HCF) $10.93 $16.40 Commercial VI Base Charge (per account) $62.91 $94.37 Commodity Charge (per HCF) $13.66 $20.49 Commercial VII Base Charge (per account) $69.20 $103.80 Commodity Charge (per HCF) $15.95 $23.93 Commercial Special Base Charge (per account) $76.12 $114.18 Commodity Charge (per HCF) $21.35 $32.00 Beverage Production Base Charge (per account) $51.49 $77.24 Commodity Charge (per HCF) $4.81 $7.21 Commercial Fountains - Separately Metered Base Charge (per account) $50.61 $75.93 Commodity Charge (per HCF) $1.56 $2.34 7 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Septage Disposal (per gallon of tank capacity) $0.26 $0.38 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge $11.03 $16.55 Low-Income Senior and Low-Income Disabled Grinder Pump Surcharge $8.28 $12.42 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account) $13.73 N/A Exception: Duplex with 2 Meters (per account) $6.90 N/A Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge $6.87 N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge $13.73 N/A Commercial I Base Charge (per IHSU) $13.73 N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge $6.87 N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge $13.73 N/A Public School Districts (per account) $13.73 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $8.36 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) $1.52 N/A Water Quantity (per IHSU) $4.59 N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU) $3.04 N/A * Pavement Restoration Charge May Also Be Assessed. ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) N/A when noted means “not applicable.” R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utilty Rates - REDLINED 05.12.2017.docx GENERAL FACILITY CHARGES 2016 2017 2018 5/8" x 3/4" 3,016.92$ 4,448.58$ 5,880.00$ 1" 3,016.92$ 4,448.58$ 5,880.00$ 1" Commercial 4,133.18$ 6,094.59$ 8,056.00$ 1 1/2" Commercial 24,135.35$ 35,587.67$ 47,040.00$ 2" Commercial 24,135.35$ 35,587.67$ 47,040.00$ 3" Commercial 60,338.37$ 88,969.18$ 117,600.00$ 4" Commercial 120,676.74$ 177,938.37$ 235,200.00$ Greater than 4"Case by Case basis 5/8" x 3/4" 4,566.83$ 5,714.91$ 6,863.00$ 1" 4,566.83$ 5,714.91$ 6,863.00$ 1" Commercial 5,662.87$ 7,086.43$ 8,510.00$ 1 1/2" Commercial 31,967.80$ 40,004.40$ 48,041.00$ 2" Commercial 31,967.80$ 40,004.40$ 48,041.00$ 3" Commercial 82,202.92$ 102,868.46$ 123,534.00$ 4" Commercial 164,405.83$ 205,736.92$ 247,068.00$ Greater than 4"Case by Case basis Case by Case basis Case by Case basis Stormwater (per IHSU)1,731.00$ 2,443.00$ 3,157.00$ The GFCs shall be effective January 1, 2016, January 1, 2017, and January 1, 2018 as noted, except that: Case by Case basis Wastewater based on meter size average normal flow 1) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the current rate. 2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, January 1, 2017 and January 1, 2018 charges unless otherwise approved by City Council. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2016, January 1, 2017 and January 1, 2018 Inside and Outside City Limits Water based on meter size average normal flow N44255-18-C-5001 Attachment J.2 CITY OF BREMERTON NAVY UTILITY CONTRACTS Accounts and Adjustments for Jackson Park Housing BUILDING ACCOUNT METER SIZE/SERVICE Water: Jackson Park Housing 5352000 10” Domestic Jackson Park Housing 5352050 8” Domestic Water Deducts: City Pump Station 5351600 B-01 Hospital - Primary 5352740 6” Domestic B-01 Hospital – Back-up 5352680 6” Domestic B-17 Clinic 5352890 4” Domestic B-87 Optics Lab 5352480 1” Domestic JP-01 Satellite Pharmacy 5352370 1” Domestic Sewer: Jackson Park Housing 5352200 Multi Family – 870 Units Sewer Meter Sewer Deducts: Jackson Park School 5427510 Austin Partners LLC 5351800 B-01 Hospital 5352690 Calculated from (4) water meters * B-17 Clinic 5352890 Domestic Water meter * Calculated by adding the amounts from the Building 01 Primary and Back-up domestic service meters and subtracting the cooling and boiler make-up water meter amounts. ((5352680+5352740) – (5352700+5352720)) 10 N44255-18-C-5001 Attachment J.3 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Qa t.e : Review Date: Vault Date: Comments: 38.76 NAVY - DEPT OF Water/Sewer Service - Jackson Park PW Admin LEG 12-1 12/01/1997 12/01/2007 02/15/2009 01/01/2009 N68711-96-C-2290 Amended 10/04 Replaced by new Agreement AMENDMENT OF SOLICITATION/MODIHCATION OF CONTRACT I CON~RA~rlD (:ODE PAGE OF PAGES 8. N~E ~D ~D~ OF CONT~OR (No., ~reet, Comty, ~ate and Zip ~) 9A. AMENDMENT OF ~LICITATION NO. ~OL~S OR 9B. DATED (~E ITEM l l) BR~ERT~ WA~I~4~ ~ IOA. MOD. F CONTRA~/O~ER NO. X ~425~96~ 10~. DATED (~E [TE~ ~3) CODE 04~ ]FA~L1TYCODE X 22-~-1997 office, appropriation ~te, etc.) ~T FORTH IN ITE~ [4, PUR~A~ TO THE AUTHO~TY OF FAR 43.103(B). X D. OTHER (~ecJfy type of mo~fication ~d amhodt~) FAR ~E52.241-8 E.I~POET~T: ~ntractor ~ isno[, ~ isr~redtosi~this~c~emandret~o 2 copiestothci~n[office. [4. D~PTION OF A~ND~ENT~OD[RCAT~ON (~ized ~ UCF ruction h~n~, i~c]~n~ ~]icitation/comram su~ect matter ~ere feasible.) ~o~fication ~ntro] N~r: ~yd~516 ~is ~E~ation incorporat~ the ~y of ~e~don Ordinance ~. 49~ a~ached hereto. Bf~twe 1 ~ve~er 2~4, thb ~dina~e i~n~ new water and sew er rates for all accoun~ I~ted on ~ge 2. (5~at~e of permn amhoriz~ to si~) (5~at~¢ of Contracting Of~r) ~ EXCEPTION TO ~ 30 30d05-04 ~DA~ ~ 30 (Rev. 10 83) N44255-96-M-2290 Page 2 of 2 SECTION SF 30 BLOCK 14 CONTINUATION PAGE The following items are applicable to this modification: SECTION C - DESCRIPTIONS AND SPECIFICATIONS This modification provides for new rates per ordinance 4909 for the following Jackson Park Housing accounts: 53~5220-0 (sewer) 53-5200-0 (10" water) 53-5205-0 (8" water) ORDINANCE NO. AN ORDINANCE amending Chapters 15.01 and 15.06 of the Bremerton Municipal Code and Appendix A of Section 15.06 relating to assessments, rates, fees and charges for Municipal water, wastewater and stormwater services. WHEREAS, the City Council desires to amend the definition of and method for establishing certa/n utilities system development charges and fees set forth in Chaptersl5.01 and 15.06 of the Bremerton Municipal Code; and, WHEREAS, the City Council desires to establish system development charges and fees for the City's Stormwater Utility; and, WHEREAS, the City Council desires to amend the rotes, fees and charges set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01.020 of the Bremerton Municipal Code entitled Definitions is hereby amended by amending certain subsecttons as follows: 15.01.020 DEFINITIONS. The following definitions under Section 15.010.020 are amended to read as follows: (e) (1) "Equivalent Residential Unit" (ERU) shallmean *~'~,~v ..,,,. ~ ...... v~ ..v,.~ .... ckaractc,~.zti.c.~ ~'~ ......... , ....'~ ............... r ....a unit of measurement to determine wastewater general facility charges and ,qhall be based on 236 gallons per customer day. (g) (2) "General F ' ' ' " . aclht~es Charges (GFC) shall mean the charge estabhshed to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will. be paid by new customers to the City utility. (s) (I 7) "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. 1 Utility Rates SECTION 2. Section 15.01.030 of the Bremerton Municipal Code entitled "Utility Service Agreement" is hereby amended as follows: 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the Utility and any person requesting utility service from the Utility for water, wastewater, or stormwater shall be required to make application and enter into a Utility Service A~reement except a o~_~;~ A ...... · ~-~,, ~+ ~^ *. ...... ~ c~ ~+ ...... ~ se.~,'ic: for rcziden~a! !?,ing u~ts and net requk~ng cc, mnzc~$n t~ c. c!czs~ ccnveyancs systsm a~ n ~- -~Ct-h. TT~-:I:~-.. 0~- ...... ~--- e.,~,. Agreements ,M~,~lU4eed-shall be executed prior to connection to the utility system or activation of the account. (b) The Agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The Agreement shall be signed by the owner of the property or his designated agent and shall be filed with the Department. The applicant shall pay all fees for installation of the utility service as herein provided at the time of filing. (c) The Agreement for service shall constitute a contract between the Applicant and the Department in which the applicant agrees to pay for service provided at the rate and in the manner specified. (d) The Agreement shall be effective at the time it is signed by the Director or his designee and charges for service to the premises shall be assessed from date of connection. (e) Estimated fees, assessments, and conditions quoted by the Department in writing for utility service shall become invalid after one hundred eighty (180) days from the date of the estimate unless the applicant enters into a Utility Service Agreement with the Department prior to that time. SECTION $. Section 15.01.070 of the Bremerton Municipal Code entitled "Developer System Improvement - Agreements" is hereby amended as follows: 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. (a) A property owner or owners of any specified area situated within the Utility service area requiring utility service may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the Utility Comprehensive Plan, engineering and economic feasibility, and at the Department's option, construct the improvements upon execution of a System Improvement Agreement between the .owner and the Department specifying the improvements. The estimated costs for said nnprovements shall be paid in full upon execution of the agreement. When completed and accepted by the Department in writing, the improvements shall become part of the Utility's system and shall be conveyed by Bill of Sale prior to service. (b) If 60% or more of the property owners of a specified area situated with/n the Utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a System Improvement Agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual cost for the improvements may be paid in full or in monthly installments plus interest at a rate set in the System Improvement Agreement with 20% of the 2 Utility Rates cost due prior to installation and the balance together with interest due within thirty-six (36) months of the date from the completion and City acceptance of the improvement. (c) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees and general facility fees. (d) The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing utility construction. (e) Property owners or developers of plats or developments shall have the option of installing the plat's interior utility system and connection to the utility system at their expense, subject to Utility Development and Construction Standards. The owner or developer shall pay 4-) charges according to the conditions of any existing reimbursement agreement for any main instal/ed through a System Improvement Agreement. SECTION 4. Section 15.01.090 of the Bremerton Municipal Code entitled "Developer System Improvements - Reimbursement" is hereby amended as follows: 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. (a) The City may enter into Agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting fi:om the improvements and connecting to the improvements at a later time (latecomers). (b) Requests for reimbursement shall be made in writing prior to drafting the System Improvement Agreement and specific provisions of recovery shall be included in the Agreement. The Department shall determine the area that is subject to the cost recovery and shall identify the properties benefiting fi.om the utility system improvements in a description or a drawing that will become part of the System Improvement Agreement. (c) Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the System Improvement Agreement. Cost recovery payments by properties benefiting fi:om connections to developer extensions shall be collected by the City. (d) Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years fi.om the date of acceptance of the improvement. The City shall retain fifteen (15) percent of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. SECTION $. Section 15.06.015 of the Bremerton Municipal Code entitled "Incorporation and CPI Adjustment" is hereby amended to read as follows: 15.06.015 INCORPORATION AND CPI ADJUSTMENT. (a) Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. e_Commencing Januca'y November 1, g0042005 and/n Jar, uaW on November 1 of each successive year thereafter, the fcc:, utility rates and ck~argc: in this section~ not otherwise ~justed by the Ci.ty Council during the previous six-month period~ shall automatically be adjusted based 3 Utility Rates upon the most current Consumer Price Index for all Urban Consumers, Seattle, U.S. City prew.'cua year, and the General Facility Charges shall be adjusted according to the most current Seattle Construction Index (SCI). SECTION 6. Section 15.06.020 of the Bremerton Muuicipal Code entitled "Assessments" is hereby amended to read as follows: 15.06.020 ASSESSMENTS. (a) General Facility F~o Charge. (1) A General Facility Fcc Charge (GFF) (GFC) shall be charged on all new or expanded service connections to the utility system. Existing connections within the system as of the effective date of this Code shall be ennsidered to have paid their proportionate share of the General Facilityff~ Charge for existing use. (2) The calculation of the General Facility Charge for water shall be based on the meter size to be installed for a new or expanded water utility service. 3.0) The calculation of the General Facility fe~ Charge for water aha wastewater wi11 shall be based on the number of Equivalent Residential Unit(s) (ERU) served and shall be appc~enc~ an~ a:~cgge~ computed as follows: Single Family Residence 1 ERU/Unit Duplex (two traits) Twc '~its I ERU/Unit Multi-family (3 or more units) .4t 0.65 ERU/Unit Mobile Home Space in Mobile Home Park 0.65 ERU per space (Common building at additional commercial rate and laundry areas at laundry rate.) Recreational Vehicle Waste Dumping Station 0.65 ERU per station Schools 0.030 ERU per student capacity Churches (School uses at additional per student 0.65 ERU per 100 capacity rate.) seats Hospitals - General 1 ERU per bed Convalescent Hospitals 0.50 ERU per bed Residential Care/Boarding Facilities 0.25 ERU per bed 4 Utility Rates Hotels and Motels (Additional charges for 0.25 ERU per room restaurant or tavern at restaurant or tavern rate, or motel unit laundry areas at laundry rates, and meeting room areas w/th fixtures at commercial rate.) Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet Vehicle Wash Self-Service Vehicle Wash 1.17 ERU per bat' Full-Service Vehicle Wash 15.66 ERU per bay All Other Vehicle Washes See Wet. Industrial Laundries & Laundromats 0.30 ERU per 100 square feet Industrial Laundries See Wet Industrial Remodels of the above-listed, which result in no increase in the nnit~ on which the charge for a new building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures adde~t using the amounts in the Commercial Section. Commercial, Office, & Dry Industrial Charge for each plumbing fixture to be installed. Bathtub w/or w/o shower 0.13 ERU Dental unit or cuspidor 0.._[1ERU Dishwasher 0._21 ERU Disposal 0.~1 ERU Drinking Fountain 0.05 ERU Floor Drain 0.01 ERU Fountain/Backwash 0._[1 ERU Kitchen Sink 0.08 ERU Laundry Tray 0.08 ERU Lavatory 0.05 ERU Service Sink 0.08 ERU Shower (each head) 0.13 ERU Swir~min g Pool/Backwash 0._[1 ERU Urinal 0.17 ERU Urinal Trough (for each 2-foot section) 0.17 ERU Wash Sink (for each set of faucets) 0.08 ERU Washing Machine 0.07 ERU 5 Utili(v Rates Water Closet 0.33 ERU Wet Industrial To be deter- mined on an individual basis by the City utilizing the formula listed below GFC = (G.P.D./236) x SRF x F G.P.D. = Anticipated volume of discharge to sewer in gallons per day. SFR = Current General Facility Charge for a single family residential unit. F = Extra strength factor, whole number multiplier derived for every 330 mg/1 of biochemical oxygen demand or suspended solids, or fi.action thereof, in excess of the first 330 mg/l of biochemical oxygen demand or suspended solids. Example: Factor Range 1 0-330 2 331- 660 3 · 661- 990 (continues per 300 increment) Undefined Building and Sewer Use To be deter: m/ned on an individual basis by the City. 6 Utility Rates Additional Loading or Change of Use Determined on basis of additional loading or new use for entire facility less credit for former use. No refunds if new use is less than former use. ~ The following are the defmitions of the classifications used in establishing the ERUs. "Church" is defined as a building or structure whose principal use is for worship and in which the incidental use for school or recreational purposes is less than 12 hours per week. Church buildings used for school purposes in excess of 12 hours per week .qhall be charged the GFC per student capacity in addition to the charge per 100 seats as a church. "Commercial building" is defined as a building used for conducting of wholesale or retail trade. Dry industrial buildings or structures are those buildings or structures housing light ind!mtrial activities where use of water and subsequent discharge of sewer does not occur in connection with the industrial process. Warehouses and other storage buildings with sewer connections are, classified as dry industrial buildings. "Convalescent hospital" (or rest home) is defined as a building or structure used for housing of persons convalescing f~om illness or iniury or persons requiring close personal care. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the convalescent hospitals. "Food preparation and serving facility," includes restaurants, taverns, delicatessens, and wholesale and retail bakeries, but does not include canneries, dairies, cheese factories, packing houses and similar facilities, which shall be classified as "Wet Industrial" under the paragraph addressing wet industrial. "General hospital" is defined as a building or structure used for the temporary housing of ill or iniured persons and containing facilities for medical and surgical treatment of such persons. No additional charge shall be made for laundry and food and drink preparation and serving facilities included in hospitals. "Hotel" (or motel) is defined as a building or group of buildings used for temporary housing of persons containing rooms or units intended for the use of transient persons. Those areas within hotels and motels to be used for commercial preparation of and serving of food and drink ~hall be charged at the rate for food preparation and/or serving. Commercial areas within hotels and motels, including convention facilities and other such common areas other than lobby areas, shall be charged at the rate for commercial and dry industrial areas. Areas used for laundry facilities in hotels and motels shall be charged at the rate for laundries and Laundromats. Such additional 7 Utilitg Rates charges for food and drink, commercial areas and laundry shall be in addition to the charge per room or motel unit. "Industrial laundry" is defined as a building or structure or parts ofbuilcting~ and structures used for housing and operating laundry equipment for the large scale washing of uniforms, towels, linens, etc. The anticipated volume and strength of the sewage to be generated from an industhal laundry would be considerably more than that fi:om a commercial laundry or Laundromat. Industrial laundries shall be classified as "Wet Industrial" under the paragraph addressing wet industrial. "Laundry" and "Laundromat" is defined as a commercial building and structure, or parts of commercial buildings and structures used for housing and operating laundry equipment by thc general public to wash clothes and linens for personal use. "Multi-family residence" shall be defined as a building or a group of buildings housing three or more families, living independently of each other, a family being defined as one or more perso,, living as a single housekeeping unit or household sewer service being provided through not mot,. than one sewer connection. Common buildings in an apartment house complex requiring sewer service shall be charged as commercial buildings and that portion of buildings housing common laundry facilities shall be charged as laundries and Laundromats. "Mobile Home Park," (including travel trailer parks) is defined as any area or tract of land having a sewer connection, and where sewerage collection pipes are extended to two or more spaces occupied by, or intended to be occupied by a mobile home, travel trailer, or motor home which are defined as a vehicle with our without motive power which is designed, used, or intended roi use as a place of human habitation, or as eating, slee~ina, or living quarters or any combinatioa thereof. A mobile home space is defined as the indiv/dual location having a sewer hookup for each such vehicle. For purposes of determinlng the GFCs for mobile home parks' common buildings, such as recreation hall~, etc., shall be charged as commercial buildings. Buildings housing laundry facilities shall be charged as laundries and l.mmdromats and food or drink service buildings shall be charged a food preparation and/or serving. "Recreational Vehicle Waste Dumping Station" is defined as a building or structure used for thc dumping ofsanitarysewer wastes from recreatiunal vehicle holding tanks. Includes graywater fi:om sinks and showers. (This excludes an individual collector installed by a homeowner for his/her own use.) "Residential Care/Boarding Facility" is defined as a residential building or structure used for housing of persons requiring either long-term supervision and general care, or any type of dependency recovery. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the Residential Care/Boarding Facilities. "School" is defined as a building or group of buildings used for school purposes more than 12 hours per week, involving assemblage for instruction, education, or recreation. Schools may be public or private. 8 Utility Rates "Single family residence" shall be defined as a building containing one kitchen, designed and/ca used to house not more than one family, including all necessary employees of such family, such building having a single sewer service connection. Mobile homes occupying a separate lot and providing permanent housing with a separate sewer connected shall be classified as a single family residence. "Undefined buildings" and "undefined sewer use" are those not defined in Section (a)(4). "Vehicle wash" is defmed as a commercial building or structure used for washing vehicles. Self serrate vehicle washes are coin-operated facilities serving the general public that require the customer to wash the vehicle. Full-serv/ce vehicle washes are facilities serving the general public, wherein the vehicle is washed for the customer, either automatically or by attendants. All other vehicle and parts washing or steam cleaning facilities that discharge to the sanitary sewe~ will be reviewed on a case-by-case basis. "Wet industrial "is defined as a building or structure housing industrial activities where the of water and subsequent discharge to the sewer occurs in connection with an industrial process. Facilities with a discharge of 200,000 gallons per day or greater are considered wet industr/al Other facilities that discharge less than 200,000 gallons per day, and whose anticipated strenglh of the sewage to be generated from the facility is greater than domestic sewage strengths may also be considered wet ind~mtrial Those facilities will be reviewed on a case-by-case basis. The anticipated volume and strength of sewage from an average single-family residence sh all b,, considered when calculating.GFCs. 5~ Additional loading or change of use is defined as an increased demand for wastewater treatment fi:om an existing wet industrial building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a c. hang~: in use, or a fifteen percent (15%) or greater increase above the permitted volume or character of the wastewater constituents being discharged 1~ ERUs shall be determined on the basis of the number of single family residence equivalent units with the additional loading or the new use with credit being given fo,, the number of single family residence equivalent units of the original facility. No refund will given if the change of use results in a decreased sewer loading. Any addition to an existin,, single family residence which does not result ha an additional dwelling will be exempt fi:o~', additional chame. (7) The calculation for General Facility Charges for stormwater shall be based on the number of Impervious Surface Units (ISUs) as defined in BMC 15.01.020.. The number oflSUs charged shall be based on the total impervious area divided by the amount of imperviou.~ area in an ISU. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) ISU. For commercial developments, wherein the City requires that the developmer, I provide for onsite detention, the ISUs charged shall be based on the nnmber of acres (5.4 ISU~; per acre). 9 Utility Rates (8) ~ For non-city residents, all GFCs shall be assessed and paid at the time of execution of the Utility Service Agreement and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. For city residents, twenty-five percent (25%) of all GFCs shall be paid at the time of issuance of a development (grade and fill) permit and the remairdng balance, in addition to rates and other fees, assessments, and charges established for utility service, shall be paid at the time of execution of the Utility Service Agreement FFF. ~_)(o) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged ifa reinspection is required as a result of the property owner/developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an un,af'_e site. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the Utility Service Agreement. A ...... *;~"~; .... ~- r~ .~.., ~.. -~'~o .......... nme lO Utility Rates (c~ Change in class of service or ERU assignment. When a change occurs which would place the customer in a different class of service or change the ERU assignment fi:om that on which general facility charges have been paid, an additional general facility charge shall be charged. The additional fee shall be the difference between the general facility charge, calculated at the current rates, based on the current class of service and EKU assignment, and the general facility charge that has already been paid. (d) Wastewater connection agreement. A wastewater connection agreement may be executed between the City of Bremerton and a user who desires to obtain wastewater service for an existing residential or nonresidential structure connected to a septic system. The wastewater connection agreement, negotiated on a case- by- case basis, will allow the user to make payments on any connection fee in excess of $5,000 over a period of time ranging from one to five ,/ears. (e) Capital reserves. The general facility funds collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. SECTION Z Appendix A to Section 15.06.015(a) is hereby amended to read as stated in Exhibit A attached hereto. SECTIONS. Severability. If anyone ormore sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. The rates, fees and charges as set forth within Appendix A of this Ordinance shall take effect on November 1, 2004. APPROVED by the City Council the /~:to day of _ ~_ ,.~,~J~A~) ,2004 PASSED by the City Council the~ day of ,~"~,-,,,,,~_.,~0 ,2004 DAREN NYGREN, Cr~uficil President Approved this ~ day of ~ ,2004 ~ ~. CARY BOZEMAN, Mayor Utili~ Rates PUBLISHED the__,~g~ day of k/]l~-~.,,ev~.r~( ) ,2004 EFFECTIVE the~ '7_,4~ day of tT,~a,~A) ,2004 O~CE NO. ~q~ -t .... K:~BGALl~s~ublic Works & Utili~es~004 Rate Ordnance - 08-16-04 - Final2.doc 12 Utility Rates Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE ......... Y 1NOVEMBER 1, 2004 Within Outside City Limits 2004 City Limits 2004 GENERAL FACILITY CHARGES Water (per Meter Size) 5/8" x 3/4" $ 2,300.00 $ 2,300.00 1'~' $ $,750.00 $ 5,750.00 I I/2" $ 11,500.00 $ 11,500.00 2'~' $ 18,400.00 $ 18,400.00 Greater than 2" Calculated based on usage Calculated based on usage Wastewater(perERL0 $ 2d9.!2 $ 3,482.00 $ 2?4.?5 $ 3,482.00 Stormwater (per ISU) $ 933.00 $ 933.00 FRONT FOOTACE ~E~e Off. P. ca~a P-_to $ -,~--.--~ n~ nn $ 1,521.59 ............ *`5, ne ~ $ 3~.29 OffP'aa~aP""tz *`5,!,275.25 $ !,9!~.3~ Fren~ng ~.: az;v= m~r. Lu Nc,.'1.~Jalr: Way. CONNECTION/INSPECTION FEES Water 5/8" x 3/4" ,.5.1,527.q2 $ 1,715.00 $ 2,291.12 $ 2,572.50 I" $ !,52!.50 $ 1,848.00 $ 2,297.25 $ 2,772.00 1 I/2" *`5,2,27~..~°5 $ 2,899.00 *`5, 2,552.27 $ 4,348.50 2" $ 2, n. 77.97 $ 3,682.00 *`5, 3,7!5.~,1 $ 5,523.00 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water main extensions (per foot) $ 1.02 $ 1.10 $ !.52 $ 1.65 butnotlessthan: $ ~8.~,~ $ 410.00 $ ~!2.5~ $ 615.00 Pump Station $ 535.~2 $ 540.00 *`5, ~9~..0{ $ 810.00 Miscellaneous (per hour) $ ~.2.gg $ ~5.00 $ ~d.22 $ 67.50 Wastewater Lateral Connection at P/L $ 42.~8 $ 45.00 $ ~,.~2 $ 67.50 Lateral Connection at Main $ 2~.~! $ 270.00 *`5, ~.~2.02 $ 405.00 Conveyance Facility Ext. (Per Foot) $ !.23 $ 1.50 $ 1.99 $ 2.25 but not less than: $ 32!.52 $ 325.00 $ %°2.42 $ 487.50 Pump Station *`5, 535.02 $ 540.00 $ ~0~,.0~. $ 810.00 Miscellaneous (per hour) $ 42.S8 $ 45.00 $ ~.32 $ 67.50 1 of 8 Within Outside City Limits 2004 City Limits 2004 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $ 5.31 $ 8.02 $ ?.95 $ 12.03 linch $ 5.0? $ 9.17 $ 9.09 $ 13.76 1 1/2inch $ ~.52 $ 13,03 $ !2,97 $ 19,55 2inch $ !!,59 $ 17.50 $ !?.~.5 $ 26.25 3 inch $ 22.00 $ 33.22 $ 22.93 $ 49.83 4 inch $ ~.9.9'~ $ 61.82 $ 51.52 $ 92.73 6inch $ !~.5.29 $ 219.39 $ 217.93 $ 329.09 8inch $ 520.25 $ 800.69 $ 795.41 $ 1,201.04 10 inch $ !,293.!9 $ 2,858.72 $-,~-.n o:n'.v=.~ $ 4,288.08 12inch $ 7,!!~.~07 $ 10,749.49 $ ~n=,~o:~,~,~,~.~ $ 16,124.24 Residential Commodity Charge (per HCF) $ 0.77 $ 1.15 0 - 10 HCF/Month $ 0.87 $ 1.31 Over 10 HCF/Month $ 0.97 $ 1.46 Non - Residential Commodity Charge (per HCF) $ 0.94 $ 1.41 Fire Protection - Monthly Service Charge Service Size I inch $ !9.52 $ 13.67 $ !5.~3 $ 20.51 I 1/2 inch $ 15.E3 $ 20.57 $ 23.59 $ 30.86 2 inch $ 20.57 $ 26.75 $ 2923 $ 40.12 3 inch $ 22.~7 $ 29.47 $ ?..~9 $ 44.20 4 inch $ 2d.71 $ 32.12 $ 27,9! $ 48.18 6 inch $ 2~.E2 $ 40.08 $ ~,5,29 $ 60.13 8 inch $ ~.I.0'! $ 53.36 $ 5!.57 $ 80.04 10 inch $ 57.5~ $ 74.79 ~ 85,~ $ 112.19 12 inch $ °~2.?. $ 106.91 $ !22,?. $ 160.37 Commodity Charge (,per HCF) $ 1.5~ $ 1.88 $ 2.2~ $ 2.82 - For Usage Other Than Firefighting Low-income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $ 5.31 $ 8.02 $ 7.95 $ 12.03 Commodity Charge 0 - 5 HCF/Month~ No Charge No Charge 5 - 10 HCF/Month $ 0.87 $ 1.31 Over 10 HCF/Munfi-~i!!ing (~:r F, CF) $ 0.77 $ 0.97 $ 1.15 $ 1,46 Temporary/Construction Meter 1" Meter Deposit $ ~02.!0 $ 105.00 $ !02.!0 $ 105.00 Base Fee (per month) $ ~.07 $ 9.17 $ 9.09 $ 13,76 Set Up Fee $ 79?. $ 90.00 $ 1 !9,? $ 90.00 Hydrant meter (3" Meter} Deposit $ 5!9.59 $ 510.00 $ 519.59 $ 510.00 Base Fee (per month) $ !9.99 $ 33.22 ~ 2~.5~ $ 49.83 Set Up Fee $ 79.5~. $ 90.00 $ !!9.a. 5 $ 90.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $ 0.77 $ 0.94 $ 1.15 $ 1.41 2of8 Within Outside City Limits 2004 City Limits 2004 RETAIL WATER SERVICE RATES (cont'd) City Parks aRd Recreation Dept. - Irrigation Commodity Charge (oer HCF~ $ 0.48 3of8 Within Outside City Limits 2004 City Limits 2004 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $ 1I.~1 $ 18.12 $ !2.5E $ 20.84 Commodity Charge (per HCF) $ 3.68 $ 4.24 Duplex on I Meter or 2 Bldgs on 1 Meter Base Charge (par unit) $ 9.39 $ 14.37 $ !9.~2 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Multi - Family Base Charge (per unit) $ 9.29 $ 14.37 $ !9.22 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Commercial I Base Charge (per account) $ 17.51 $ 26.79 $ 29.1~ $ 30.81 Commodity Charge (per HCF) $ 3.78 $ 4.34 Commercial II Base Charge (per account) $ !7.~2 $ 27.26 $ 29.52 $ 31.35 Commodity Charge (par HCF) $ 5.92 $ 6.81 Commercial III Base Charge (par account) $ !7.~E $ 27.02 $ 20.22 $ 31.07 Commodity Charge (per HCF) $ 4.85 $ 5.57 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $ 7.35 $ 11.25 $ ~?.7 $ 12.94 Commodity Charge (par HCF) 0 - 5 HCF/Month No charge No charge Over 5 HCF/Month $ 3.68 $ 4.24 Sentage Disoosal (Per Gallon ofTenk Capacity) $ 9.!2 $ 0.15 $ 9.!2 $ 0.15 4of8 Within Outside City Limits 2004 City Limits 2004 RETAIL STORMWATER RATES Monthly Service Charge Single Family/Duplex Base Charge (per account) $ 4.5? $ 5.97 N/A Exception: Duplex with 2 Meters (per account) $ 2.55 $ 2.99 N/A Multi - Family Base Charge (per ISU) $ ~.59 $ 5.97 N/A Commercial Base Charge (per ISLr) $ ~..59 $ 5.97 N/A Public School Distxicts (per account) $ a..59 $ 5.97 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $ 2.8l $ 3.65 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) $ ~-~rn ~ ~ ~ $ (0.66) N/A Water Quantity (per ISIJ) $ ~..~o~ .... ~ $ (1.99) N/A Stormwater Penalty New Multi ~ Family & Commercial development without on-site detention Charge (per ISLD $ 1.02 $ 1.33 N/A IMPROPER STO~ATER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwatar Fee for Property May 1, 2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewatar Fund (451 ). Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee $ 29.g~ $ 30.00 $ ~0.63 $ 30.00 (non-refundable) Office Services New Account (includes water turn-on) $ 20.00 $ 20.00 Account Maintenance $ 5.11 $ 5.00 ~ 5.11 $ 5.00 Past DueNotice $ 2.55 $ 2.50 $ 2.55 $ 2.50 Lien Recovery Charge $ 192.!0 $ 100.00 $ 102.!0 $ 100.00 Duplicate Bill Charge $ 1.02 $ 1.00 $ 1.02 $ 1.00 Close Account/Meter Read/Water Service Turn- off $ 25.09 $ 20.00 $ 25.99 $ 20.00 Field Serv/ces Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $ 694.00 $ 1,041.00 Concrete Patch $ 894.00 $ 1,341.00 Asphalt Trench $ ~°!5.39 $ 817.00 $ !,225.20 $ 1,225.50 ConereteTrench $ 2,243.29 $ 2,348.00 $ 3,522.{5 $ 3,522.00 County Road Permit N/A Cost Wet Tapping (Water Main Only)* 8" and smaller- !ncl.zxcl excavation & backfill $ 1,995.02 $ 2,852.00 $ 2,992.55 $ 4,278.00 and smaller -sermce to property hne $ 2,5,g°5.77 $ 5,746.00 $ 5,279.55 $ 8,619.00 o,, ._~ .~,,~_ tap only ...... Greater than 8"x 8'._.~' Actual Time & Materials 150% of Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant lnstallation~ $ ~,,037.9~ $ 6,!21.!! Due: nut Lxc!udc Px;'smcnt Rsstcratluu .... ~v Actual Time & Materials 150% of Actual Time & Materials Water Meter Ralnstallation 314"& 1" $ 59.?. $ 68.00 $ ~9.2~ $ 68.00 1-1/2" & 2" $ ?,.95 $ 108.00 $ ?,.95 $ 108.00 3" and greater Time & Materials Time & Materials Water Meter Reaefivation $ a. 2.33 $ 48.00 $ 42.88 $ 48.00 Water Meter Tampering TamperingRamoval $ 17.77 $ 173.00 $ !?..77 $ 173.00 Tampering Rcinstallation Time & Materials Time & Materials Cross-Connection Control Inspection $ a. 2.E~° $ 45.00 $ ~,2.$3 $ 45.00 Fire Service - Detector, Meter&MXU $ 2!~.5! $ 397.75 $ 2!~.51 $ 397.75 Storz Adapter $ 2~ !.77 $ 236.00 $ 22 !.77 $ 236.00 6of8 Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS (cont'd) Water Service Tum-offfrum-on (Customer Request) Regular Hours $ 20.00 $ 20.00 After Hours $ !97.2! $ 150.00 $ !97.21 $ 150.00 DelinquencyNotice $ 10.72 $ 10.00 $ 10.72 $ 10.00 Water Service Tum-offfrum-on (Delinquent Accounts) Regular Hours $ ~.2.~2 $ 45~00 $ d2.88 $ 45.00 A~er Hours $ !97.2! $ 150.00 $ 107.21 $ 150.00 Plow end Pressure Test (Uncarfified) 3/4" & 1" metem only $ ~.2.gg $ 48.00 $ q2.gg $ 48.00 I-1/2" & 2" meters only $ ~5.75 $ 87.00 $ 85.76 $ 87.00 Larger than 2" Time & Materials Time & Materials Utility Plent Locates Regular Hours N/C N/C AfterHours $ !97.21 $ 150.00 $ !97.21 $ 150.00 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" & 1" $ ?,95 $ 108.00 $ 9~.95 $ 108.00 14/2"&2" $ ~52.15 $ 148.00 $ 153.!5 $ 148.00 3" or greater Time & 1Materiala Time & Materials Engineering Services* Plan Check Fees Main Extensions: per foot $ 0.22 $ 0.25 $ 9.2~ $ 0.38 BUT not less than $ 21~,A1 $ 214.00 $ 22!.52 $ 321.00 {Includes hydrents and appurtenences end connection to water system) Pump Stations $ 535.92 $ 536.00 $ 89~..9~ $ 804,00 Fireline Extension $ 85.75 $ 86.00 $ !26.55 $ 129.00 Irrigation Systems $ ~°5.75 $ 86.00 $ !2g.~2 $ 129.00 System Connections $ 25.75 $ 86.00 $ 12~.55 $ 129.00 Miscelleneous (per hour) $ ~.2.~°2 $ 45.00 $ 5~,.22 $ 67.50 * Fees include original review end one resubmittal review. Additional reviews will be charged at miscelleneous hourly rate (above). 7of8 Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS (ennt'd) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development $ 32 !.g2 $ 332.00 N/A Non-Residential Development $ 229.72 $ 230.00 N/A Plusper ISU $ 10.21 $ 10.00 Final Detailed Drainage Plans Residential Development (per 1o0 0 - 20 Lots $ 35.7el $ 36.00 N/A 21 - 50 Lots $ 25.53 $ 26.00 N/A 51 - I00 Lots $ 22.97 $ 23.00 N/A 100+ Lots $ 20.'I2 $ 20.00 N/A Minimum Charge $ 255.25 $_, 255.00 N/A Non-Residential Development per ISU $ 20.~12 $ 20.00 N/A Minimum Charge $ 20~.30 $ 306.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $ 255.25 $ 255.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) $ 15.22 $ 15.00 N/A Non-Residential Development (per ISD) $ 15.32 $ 15.00 N/A Minimum Charge $' !52.!5 $ 153.00 N/A Conveyance Facility Extensions (per foot) $ 0.77 $ 0.80 N/A Minimum Charge $ 30~.~0 $ 306.00 N/A Unscheduled Inspections* (per site visio $ '12.28 $ 45.00 N/A . CU scheduled inspections shall be ~'acked through the course of a project and billed afl. er the final site mspeetion. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) ocs not apply to stogie farmly residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)* $ 30.00 $ 30.00 *Search per parcel 8of8 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 3876 + + + +Vendor Name NAVY, DEPT OF + +Subject WATER/SEWER SVC - JACKSON PARK + +Department PW - UTIL + +Status Code FIN + + Amount + + Begin Date 12/01/1997 + + Insurance End Date + + Type Amount Review Date 06/15/2006 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments N68711-96-C-2290 + + REVIEW DATE FOR TRACKING PURPOSES ONLY + + + AMENDMENT OF SOMCITATIO~"~MODIFICATION OF CONTRACT I~'~°NTR^cT'D c°DE I PAGE OF PAGES 2. AMENDMENT/MODIFICATION NO. /3. EFFECTIVE SATE 4. REQ~SITION/P~CHASE REQ. NO. ~255-96-C-2288-P0000~ ~ See ~1~ [6C Co~nding Officer Engineering Field Activity Northwest Naval Engineering Facilities Command 19917 - 7th Avenue NE Pouls~, WA 98370-7570 (360) 396-0249 City of Bre~rton ~ I ' 3027 Ol~pus Drive Bre. rton, WA 98310-4799 DUPLICATE I I ORIGINAL 10A. ~.CA~ ~ ~CT/~R N44255- 96-C-2290 I1,0..DATED($ 3~' ~tu~ .. c~, of t~ a~nt; ~) e~ acknow~ receipt of tNs ~ent on each c~y of t~ offer ~o~l~;~,~9.~.t~?rence to t~ sol~atmn a~ .~nt nu~rs. FA LU~ OF YOUR A~LEDGE- ~ ~ ,.~,-~ -- -~ ~.~ uco~u~m~ r~ ]HE ~El~ OF O~S ~1~ TO THE HOUR A~ DATE ~CIFIED MAY RESULT IN ~T~ OF Y~ O~. If by virt~ of t~s amen~nt you ~sire to c~ an offer ~rea~ s~tt~ s~h o~ ~y ~ m~ by telegram or ~, ~ ~ t~ or ~tter ~es refere~e to t~ sol~itatton a~ t~s ~nt, a~ ~ r~tved ~or to t~ o~ hour ~d ~te s~cified. ~2. ACCOUNTING AND APPROPRIATIONDATA (//~q~) Applic~le funds will be cited on invoices or delive~ orders issued against this contract. 13. THiS ;TEM APPLIES ONLY TO MODIFICATI~S OF CONTRACTS/ORDERS, IT MODIFIES THE GONTRAGT/O~R NO. ~ DESCenD IN IT~ 14. D. OTHER (Spec~ ty~e of mod~atiotz and authority) E. IM~O~YANT: C~traetor ~ is not, ~ is r~quired to sign t~s d~ument a~ return copies to t~ issuing office. ~e purpose ~f this admlnisrrar~ve modSficaCion is described on pa~e 2. Excepr as Ixovide~ herein, all terms and cof~litions ol the document relerenced in Item 9A or 10A, as heretofore changed~ remains unchanged and in full force art~ effect. 15A. NAME AND TITLE OF SIGNER (7~/pe orpr~lt) 116A. NAME AND TITLE OF CONTRACTING OFFICER ('7~v.Pe P. W. TALBOT Contracting Officer 158. CONTI~ACTORIOFFEROR t50. SATE SIGNES 16 U~ TATES OF AMERI ~ 16C. SATE SIGNED N~N 7540-01-152-BoTe 30-105-02 STANDARD FORM 30 (~ev. 10-83) PRE'VIOU$ EDITION UNUSABLE Prescri b GSA FAR N44255-96-Co2288 Modification P00004 Page 2 of 2 Block 14: Description of Modification (cOnt.): 1. As an administrative modification to the subject contract, the paying office is hereby revised for the following accounts: Account Number Location 13-0010-0 Sewer service for Puget Sound Naval ShiPyard 46-5565-0 Sewer service for Hwy. 304 - Pass & ID 13-0005-0 Water service for Puget Sound Naval Shipyard 46-5565-0 Water service for Hwy. 304 - Pass & ID 46-2690-0 Water service for Kitsap County Airport New Paying Office for the above accounts: (Do not send invoices to this address) Defense Finance & Accounting Service San Diego OPLOC Code FPV 4181 Ruffin Road San Diego, CA 92123-1819 2. All other terms and conditions of this contract remain unchanged. AMENDMENT OF SOLICITATION/[ 31FICATION OF CONTRACT I ~)NTRACT ID CODE PAGE OF PAGES I ! 1 2. AMENDMENT/MODIFICAT]ONp00002 NO. 3. EFFECTIVE] Februmy 1998DATE4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (Ifeppl/cable) 6. ISSUED BY CODE 511.DP 7. ADMINISTERED BY (Ifolherthan Item 6) CODE SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND CONTRACTS DEPARTMENT 1220 PACIFIC HIGHWAY SAN DIEGO. CA 92132-5187 8. NAME AND ADDRESS OF CONTRACTOR (No, s~,.et, county, S~eand ZlPCode) [ 9A. AMENDMENT OF SOLICITATION NO. CITY OF BREMERTON 3027 OLYMPUS DRIVE 9B. DATED (SEE ITEM 11) BREMERTON, WA 983104799 10A. MODIFICATION OF CONTRACT/ORDER NO. N68711-96-C-2290 CODE I FAClUTY CODE 10B. DATED (SEE ~TEM 13) 22 December 1997 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS [] The abo,m numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [] is extended, [] is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: Ia) By.~o .mp~.ing~terce 8 and 15, and. r.etuming ~.copi~e~_ of th_e. a m e n d _m.e.n. t [ ~ .b)~BJ. _a~.c ,~._ _owt..ed..g~?.~r..e~e_l.Pt~ ~o f. !,h~is~a m~e nFd~ ~ ~~ ~)a~ hy ~ of the offer ubmlt~e~' or (c)'Bv seoarste letter or te~eursm wmon in~lua~_a rerar,~,r~,c~.,.o~r ~ =.,~g~.~:,~,~,,~.,%,~.~E ~,,,~,~g.., ~^ ¥ ...... AND DATE SPECIFIED ACKN GEM OBE .IV~D T THE PLACE OESIGN~*c~., r ~,~ --~ ,~,..,--,~ ....... MAY ~<~'~'~, N RI~jNETC'~ 0 N ~)I~F'~oE~ R 0 FA~ E R. I f by vir t ue o f t his amen~10)e0t you d..e.s. ,re ~geCnhc~r~ge~t~l~l~dt~ ralelreealvd~dSU rl~or~oe~ll~ eS~h n~hna_nfiOgu rm~l~d~a~adeby telegram or letter, provided each telegram or letter makes reference to the sohc~tahon soo tis specified. 12. ACCOUNTING AND APPROPRIATION DATA Funds will be cited when invoices arc certified for payment 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Speci~yauth~ity) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such es chehge$ i~ payillg office, XX epWop~tion d~te, etc ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). Terms of contract ;. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTH ER (Specify type of modification and authority) E. IMPORTANT: Ccmtraotor ~ is not, [] is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organizeclby UCFs~tionheedings, includingsolicitatioA/conbeclsubj~ctmeEerwherefee$ible,) This contract modification incorporates the City of Bremerton Ordinance 4618, effective 1 February 1998, implementing new water and sewer rates into the contract. The City is not required to sign this modification, as the City Council signatures on the City Ordinance will serve that purpose. 15A, NAME AND TITLE OF SIGNER ~Typeorpri. O 16A. NAME AND TITLE OF CONTRACTING OFFICER (Typeorprint) HD. POWELL 15B. CONTRACTOR/OFFEROR 115C. DATE SIGNED 16B. U N I/T~}/S~TAT~,~ O F AMERICA 16C. DATE SIGNED DUPLICATE 0RIGINAL UNDER DPAS (15 CFR 350) b-I II I 27 2. CONTRACT (Proc. Inst. Ident.) NO, I 3. EFFECTIVE DATE I 4. REQUISITION/PURCHASE REQUEST/PROJECT NO. N68711-96-C-2290 I I DECEMBER 1997 I 5. ISSUED BY CODE 613.DP 6. ADMINISTERED BY (If other than Item 5) CODE SOUTHVVEST DIVISION SAME AS BLOCK 5 NAVAL FACILITIES ENGINEERING COMMAND WEST COAST SUPPORT TEAM 1220 PACIFIC HIGHVVAY SAN DIEGO, CA 92132-5187 7. NAME AND ADDRESS OF CONTRACTOR (No., s~ee~ ci~/, coun~/, Sta~e a~d ZlP c~e) 8'DELIVEG FOB ~ OTHER(s~e~ow) CITY OF BREMERTON 3027 OLYMPUS DRIVE 9. DISCOUNT FOR PROMPT PAYMENT BREMERTON, WA 981310-4799 10. SUBMIT INVOICES (,~op,~ CODE FACILITY CODE TO THE ADDRESS SHOWN IN ITEM: SEE PAGE 8 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE NOT APPLICABLE SEE PAGE 9 13, AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA OMPETITION SEE PAGE 9 IOUtSmC.~o)(1 ) D 41 UlS.C1253(c)( ) 15A. ITEM NO. 15B. SUPPLIES/SERViCES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT CLIN 0001 SEE PAGE 2 CLIN 0002 15G, TOTAL AMOUNT OF CONTRACT · $ 16. TABLE OF CONTENTS ISEC I DESCRIPTION I (/) ISEC I DESCRmT~ON I.^oE PART I - THE SCHEDULE PART II - CONTRACT CLAUSES XX A SOLIClTATION~ONTRACTFORM I XXll ICONTRACTCLAUSES ii1.1., XX B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. XX C DESCRIPTION/SPECS./WORKSTATEMENT 3-4 XX I J ILIsT OF ATTAcNMENTS I 16 XX D PACKAGING AND MARKING 5 PART IV- REPRESENTATIONS AND INSTRUCTIONS XX E INSPECTION AND ACCEPTANCE 6 XX K REPRESENTATIONS, CERTIFICATIONS AND OTHER 17- 2, XX F DELIVERIES AND PERFORMANCE 7 STATEMENTS OF OFFERORS XX G CONTRACT ADMINISTRATION DATA 8-9 XX L INSTRS., CONDS., AND NOTICES TO OFFERORS 25- 2( XX H SPECIALCONTRACTREQUIREMENTS 10 XX M EVALUATION FACTORS FORAWARD 27 CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. ~( CO NTRACTOR'S NEGOTIATED AGR EEM ENT ~Ccn~cta'i~ n"qu~d to 18.[Y~'AWARD(con~mca~rl~n~,'Wui~edto~hi~docu~nentJYourof~ro, Solic~Uon 19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER W. ~. Ssmpley H.D. POWELL Director, Public ~brks & Utilities 19S. NAME ~ 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA ;IGNED STANDARD FORM 26 (REV. 4-85) N68711-96-C-2290 PART I SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS Subject to the terms and conditions hereinafter set forth, the contractor shall sell and deliver water and provide sewer service to the Navy Jackson Park Housing area, Bremerton, WA. CLIN 0001 - Price for metered water at Jackson Park Housing shall be based on the City's retail rate for the applicable meter sizes. CLIN 0002 - Price for sewage at Jackson Park Housing shall be based on the City's retail multiple family rate. End of Section B Rest of page intentionally left blank 2 N68711-96-C-2290 PART I SECTION C - DESCRIPTION/SPECIFICATIONS/V~ORK STATEMENT C.1 General Requirements: The contractor shall provide all labor, supervision, tools, equipment, and transportation necessary to provide for services under this contract. C.2 Premises to be Served: Navy Jackson Park Housing area Bremerton, WA C.3 Points of Delivery: Water shall be delivered at the meter located at the South end of Root Court and South Shore Drive, and at the meter located at Olding Road (across the street from the health department). Wastewater shall be received by the City on South Shore Drive at the City of Bremerton's lift station. C.4 Nature of Service: XX Connection Change Disconnect C.5 Fnstim~ted Service: WATER: Estimated annual volume: 130,000 HCF Estimated Connection Charge: None SEWER: E~timated annual volume: 130,000 HCF Estimated Connection Charge: None C.6 Service to be Rendered: WATER: The City shall have water continously available at the points of delivery at a pressure not less than applicable State standards. The City shall supply clear, potable water safe for human consumption in accordance with standards adopted by the United States Public Health Service for drinking and culinary water supplied by common carriers in interstate commerce and such revisions thereof as may be made from time to time. SEWER: The City shall furnish sewage service as provided herein and shall receive, carry, treat and dispose of all sanitary sewage originating at the delivery point in such amounts as governed by the estimated volume and rate delivery specified herein, and in a manner and by such means as will constitute no hazard to the public health. The City shall operate their sewage facilities in conformity with applicable laws, rules, and regulations promulgated by Federal, State and local authorities. 3 N68711-96-C-2290 C.7 Term of Service: This contract shall be in effect for a period of 10 years after the contract award date or until terminated at the option of the Govermnent by giving written notice to the City of Bremerton no less than 30 days in advance of the effective date of termination. C.8 Rate Schedule: Water and Sewer rates shall be in accordance with City of Bremerton's current rates and charges for municipal water and wastewater, ordinance 4578, as may be later amended by the City. Attachment J.2 provides a listing of water and sewer account information. End of Section C N68711-96-C-2290 PART I SECTION D - PACKAGING AND MARKING This section is not applicable Rest of page intentionally left blank 5 N68711-96-C-2290 PART I SECTION E - INSPECTION AND ACCEPTANCE E.1 Sewer Monitorinm The Con~ractor shall bc responsible for monitoring the sewer at the point(s) of delivery in accordance with the requirements of Federal, State and local regulatory agencies. The Government may perform additional monitoring at the Government's expense. End of Section E Rest of page intentionally left blank 6 N68711-96-C-2290 PART I SECTION F - DELIVERIES OR PERFORMANCE This section is not applicable Rest of page intentionally left blank N68711-96-C-2290 PART I SECTION G - CONTRACT ADMINISTRATION G.1 Payment: The City shall be paid by the designated disbursing office for services furnished under the contract at the rate(s) specified. All bills for regular monthly service, shall be paid according to the Prompt Payment Act. The Navy shall be entitled to any discounts customarily applicable to paymem of bills by all customers of the City under like conditions of service. The Navy shall notify the City, in writing, within thirty (30) days following the receipt of any disputed billing. The disputed billings shall be paid in full by the Navy under protest, pending a negotiated resolution pursuant to an appropriate audit, if required, and in accordance with the Disputes Clause of the contract. Payments hereunder shall be contingent upon the availablity of appropriations therefore, and shall not be made in advance of the service rendered. G.2 Invoicine Instructions:: Invoices for service rendered hereunder shall contain statements of the current and prior meter readings, consumption during the billing period, meter constants, the appropriate billing rate, and other pertinent data. Upon Government acceptance of Contractor services, the Contractor shall submit their invoice for payment for the monthly service to the address shown in paragraph G.3(d). G.3 Contract Administration Data: a. Procurement Contractin~ Officer (PCO) name/address: Southwest Division H.D. Powell Naval Facilities Engineering Command (619) 532-3838 Contracts Department, Code 613.DP Fax 532-3979 1220 Pacific Highway San Diego, CA 92132 b. The Technical Engineer for this contract is: Southwest Division Sam Luk Naval Facilities Engineering Command (619) 532-3751 Utilities Acquisition, Code 613UN Fax 532-3979 1220 Pacific Highway San Diego, CA 92132 c. Contractor name/address: City of Bremerton Rich Hanna Department of Public Works and Utilities (360) 478-5295 3027 Olympus Drive (360) 478-5200 Bremerton, WA 98310-4799 8 N68711-96-C-2290 d. The monthly billing address for this contract is: U.S. Navy Commander, Attn: Code 912.3 K002510205/0305 Puget Sound Naval Shipyard Bremerton, WA98314-5001 e. The paying office for this contract is (Do not send invoices to this address): Comptroller Code 610.23 Puget Sound Naval Shipyard Bremerton, WA98314-5001 G.4 Aecountin~ and Aoorunriation Data: Accounting data will be cited at the time invoices are certified for payment. G.5 Su_~ersedefl Contracts: The City and the Navy mutually agree, upon award of this contract, that contract numbers N68711-83-C-9720 and N68711-85-C-6913, as amended, which has provided the Navy similar services, is hereby superseded with regard to the Navy Jackson Park housing area, Bremerton, WA, and the City further agree to unconditionally waive any claim against the other by reason of such termination, except for service billings due or to become due. End of Section G Rest of page intentionally left blank 9 N68711-96-C-2290 PART I SECTION H - SPECIAL REQUIREMENTS H.1 The Government agrees to comply with all municipal codes and ordinances relating to water and sewer utilities, as they now read or are from time to time amended. H.2 The City shall provide a 30-day advance notice to the Contracting Officer of any anticipated rate changes (also see FAR Clause 52.241-8 in Section I). End of Section H Rest of page intentionally left blank 10 N68711-96-C-2290 PART H SECTION I - CONTRACT CLAUSES Federal Acquisition Regulations (FAR) Clauses 52. 252-2 CLAUSES INCORPORATED BY REFERENCE 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. 52-202-1 Definitions (OCT 1995) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation of Payments to Influence certain Federal Transactions (JAN 1990) 52.204-4 Printing/Copying Doubled-Sided on Recycled Paper (JUN 1996) 52.209-6 Protecting the Government's Interest when Subcontracfmg with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) 52.215-2 Audit and Records - Negotiation (AUG 1996) 52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995) 52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995) 52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT 1995) 52.215-27 Termination of Defined Benefit Pension Plans (SEP 1989) 52.215-31 Waiver of Facilities Capital Cost of Money (SEP 1987) 52.215-33 Order of Precedence (JAN 1986) 52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits Other than Pensions (FEB 1995) 52.21540 Notification of Ownership Changes (FEB 1995) 52.217-8 Option to Extend Services (AUG 1989) 52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns (OCT 1995) 52.222-3 Convict Labor (AUG 1996) 52.222-26 Equal Opportunity (APR 1984) 52.222-28 Equal Opportunity Preaward Clearance of Subcontracts (APR 1984) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984) 52.222-36 Affirmative Action for Handicapped Workers (APR 1984) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988) 52.223-2 Clean Air and Water (APR 1984) 52.223-6 Drag-Free Workplace (JAN 1997) 11 N68711-96-C-2290 52.232-1 Payments (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (MAY 1997) 52.233-1 Disputes (OCT 1995) 52.233-3 Protest after Award (AUG 1996) 52.242-13 Bankruptcy (JUL 1995) 52.241-20rderofPrecedence-Utilities (FEB 1995) In the event of any inconsistency between the terms of this contract (including the specifications) and any rate schedule, rider, or exhibit incorporated in this contract by reference or otherwise, or any of the City's rules and regulations, the terms of this contract shall control. (End of clause) 52.241-3 Scope and Duration of Contract (FEB 1995) (a) For the period of ten (10) years after the award date of this contract the Contractor agrees 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. (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 date. (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) 52.241-4 Change in Class of Service (FEB 1995) (a) In the event of a change in the class of service, such service shall be provided at the Contractor's lowest available rate schedule applicable to the class of service furnished. (b) Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished. (End of clause) 12 N68711-96-C-2290 52.241-5 Contractor Facilities ( FEB 1995) (a) The Contractor, at its expense, unless otherwise provided for in this contract, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder, and measure such service at the point of delivery specified in the Service Specifications. Title to all such facilities shall remain with the Contractor and the Contractor shall be responsible for loss or damage to such facilities, except that the Government shall be responsible to the extent that loss or damage has been caused by the Government's negligent acts or omissions. The Government shall own, operate and maintain the water and sewer lines on Government property, with the exception of metering equipment provided and installed by the Contractor under this Contract. (b) Notwithstanding any terms expressed in this clause, the Contractor shall obtain approval from the Contracting Officer prior to any equipment installation, construction, or removal. 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 or license to enter the service location for any proper purpose under this contract. This permit or license includes use of the site or sites agreed upon by the parties hereto for the installation, operation, maintenance, and repair of the facilities of the Contractor required to be located upon Government premises. All applicable taxes and other charges in connection therewith, together with all liability of the Contractor in construction, operation, maintenance and repair of such facilities, shall be the obligation of the Contractor. (c) Authorized representatives of the Contractor will be allowed access to the facilities on Government premises at reasonable times to perform the obligation of the Contractor regarding such facilities. It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). However, the Contractor shall not be held in breach or default of this agreement or be penalized for failure to provide service hereunder should this right of access be so limited or restricted by the Government to the extent that the Contractor cannot perform. (d) Unless otherwise specified in this contract, the Contractor shall, at its expense, remove such facilities and restore Government premises to their original condition as near as practicable within a reasonable time after the Government terminates this contract. In the event such termination of this contract is due to the fault of the Contractor, such facilities may be retained in place at the option of the Government for a reasonable time while the Government attempts to obtain service elsewhere comparable to that provided for hereunder. 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 and installed by way of any applicable connection charge, 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 13 N68711-96-C-2290 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 3 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. (b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters larger than 1" diameter at intervals not exceeding 2 years. Meters 1' diameter and smaller shall be inspected and tested at intervals not exceeding 5 years. 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 not to be more than 3 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 3 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 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. An equitable adjustment shall be made in the monthly billing specified in this contract (including the monthly f~xed charge) for any suspension, interruption, diminution, or other variations of service aggregating more than 8 hour(s) during any billing period. (End of clause) 52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services (FEB 1995) (a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. (b) Thirty (30) days after the award date of this contract, either party may request a change in the rates or terms and conditions of service, unless otherwise provided in this conU'act. Rates under this agreement are established by the City of Bremerton Ordinance 4578, as may be changed by the City from time to time in the future. (c) The effective date of any rate change shall be the effective date of the applicable City ordinance The Contractor agrees that throughout the life of this contract the rates will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service. (d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract. N68711-96-C-2290 (e) Any changes to rates, terms, or conditions shall be made a part of this contract by the issuance of a contract modification. (End of clause) 52.241-11 Multiple Service Locations (FEB 1995) (a) At any time by written order, and subject to appropriate connection charge, the Contracting Officer may designate any location within the service area of the Contractor at which utility service shall commence or be discontinued. Any changes to the service specifications shall be made a part of the contract by the issuance of a contract modification to include the name and location of the service, specifying any different rate, the point of delivery, different service specifications, and any other terms and conditions. (b) The applicable monthly charge specified in this contract shall be equitably prorated from the period in which commencement or discontinuance of service at any service location designated under the Service Specifications shall become effective. (End of clause) Defense Federal Acquisition Regulation Supplement (DFARS) Clauses 252.203-7000 Statutory Prohibition on Compensation to former Department of Defense Employees (NOV 1995) 252.203-7001 Special Prohibition on Employment (NOV 1995) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) 252.215-7000 Price Adjustments (DEC 1991) 252.232-7006 Reduction or Suspension of Contract Payments upon Finding of Fraud (AUG 1992) 252.233-7000 Certification of Claims and Requests for Adjustment or Relief (MAY 1994) End of Section I Rest of Page intentionally left blank 15 N6871 'l-96-C-2290 PART I SECTION J - LIST OF ATTACHMENTS J.1 City of Bremerton Ordinance setting rates and charges for municipal water and wastewater (sewage) services. J.2 Accounts and metering for lackson Park Housing. N68711-96-C-2290 PART IH SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS 52.203-2 Certificate of Independent Price Determination (APR 1985) (a) The offeror certifies that - (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror (except City Ordinances), directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award ( in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory - (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. Mr. Richard Hanna, City Treasurer and Mr. Eugene Samnley, Director of Public Works and Utilities. (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision Co)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of Provision) 17 N68711-96-C-2290 52.203-11 Certification and Disclosure regarding Payments to Influence certain Federal Transactions (APR 1991) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23,1989, - (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of continuation, renewal, amendment or modit'zcation of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee on Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (End of Provision) 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (MAR 1996) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that - (i) The Offeror and/or any of its Principals - (A) Are __ are not ~ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have __ have not ~X~ within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, 18 N68711-96-C-2290 falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are __ are not __X__ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has __ has not ~_X._, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification my render the maker subject to prosecution under section 1001, title 18, United States Code. Co) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of the Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) 52.215-11 Authorized Negotiators (APR 1984) The Offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: (list names, titles, and telephone numbers of the authorized negotiators). Mr. Richard Hanna, City Treasurer and Mr. Eugene Sampley, Director of Public Works and Utilities. (End of Provision) 19 N687'I 1-96-C-2290 52.219-1 Small Business Concern Representations (JAN 1997) (a)(1) The standard industrial classification (SIC) code for this acquisition is 4941 (water) and 4952 (sewage). (2) The small business size standard is $5,000,000. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents and certifies as part of its offer that it __ is, ___X__ is not a small business concern. (2) (Complete only if offeror represented itself us a small business concern in block (b)(1) of this section.) The offeror represents as part of its offer that it __ is, X is not a small disadvantaged business concern. (3) (Complete only if offeror represented itself as a small business concern in block (b)(I) of this section.) The offeror represents as part of its offer that it __ is X is not a women-owned small business concern. (c) Def'mitions. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in paragraph (a) of this provision. Small disadvantaged business concern, as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by on or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at lest 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124. Women-owned small business concern, as used in this provision, means a small business concern - (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operation are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's stares as a small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall - 2O N68711-96-C-2290 (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of Provision) 52.222-21 Certification of Nonsegregated Facilities (APR 1984) (a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, 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. 0o) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their 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 the contract. (c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will - (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Oppommity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods); NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. (End of Provision) 21 N68711-96-C-2290 52.222-22 Previous Contracts and Compliance Reports (APR 1984) The offeror represents that - (a) It ~X has, has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It ~X has __ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of Provision) 52.222-25 Affirmative Action Compliance (APR 1984) The offeror represents that - (a) It ~ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or 00) It __ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of Provision) 52.223-1 Clean Air and Water Certification (APR 1984) The Offeror certifies that - (a) Any facility to be used in the performance of this contract is , is not ~X~ listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication form the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. (End of Provision) 252.219-7000 Small Disadvantage Business Concern Representation (DoD Contracts) (APR 1994) (a) Defmifion. "Small disadvantaged business concern," as used in this provision, means a small business concern, owned and controlled by individuals who are both socially and economically disadvantaged, as defined by the Small Business Administration at 13 CFR Part 124, the 22 N68711-96-C-2290 majority of earnings of which directly accrue to such individuals. This term also means a small business concern owned and controlled by an economically disadvantaged Indian tribe or Native Hawaiian organization which meets the requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively. In general, 13 CFR Part 124 describes a small disadvantaged business concern as a small business concern - (1) Which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or (2) In the case of any publicly owned business, at least 51 percent of the voting stock is unconditionally owned by one or more socially and economically disadvantaged individuals; and (3) Whose management and daily business operations are controlled by one or more such individuals. (b) Representations. Check the category in which your ownership falls - __ Subcontinent Asian (Asian-Indian) American (U.S. citizen with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal) __ Asian-Pacific American (U.S. citizen with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, or the Federated States of Micronesia) Black American (U.S. citizen) __ Hispanic American (U.S. citizen with origins from South America, Central America, Mexico, Cuba, the Dominican Republic, Puerto Rico, Spain, or Portugal) __ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians, including Indian tribes or Native Hawaiian organizations) __ Individual/concern, other than one of the preceding, currently certified for participation in the Minority Small Business and Capital Ownership Development Program under Section 8(a) of the Small Business Act Other (c) Certifications. Complete the following - (1) The Offeror is __ is not __X__ a small.disadvantaged business concern. (2) The Small Business Administration (SBA) has __ has not ~X made a determination concerning the offeror's status as a small disadvantaged business concern. If the 23 N68711-96-C-2290 SBA has made a determination, the date of the determination was and the offeror - __ Was found by SBA to be socially and economically disadvantaged and no circumstances have changed to vary that determination. __ Was found by SBA not to be socially and economically disadvantaged but circumstances which caused the determination have changed. (d) Notification Notify the Contracting Officer before contract award if your status as a small disadvantaged business concern changes. (e) Penalties and Remedies. Any one who misrepresents the status of a concern as a small disadvantaged business for the purpose of securing a contract or subcontract shall - (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under authority of the Small Business Act. (End of Provision) End of Section K Rest of page intentionally left blank N68711-96-C-2290 PART I¥ SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS 1. Federal Acuuisition Regulations (FAR} Solicitation Provisions: 52. 252-1 Solicitation Provisions Incorporated by reference (JUN 1988) This solicitation incorporates one or more solicitation provisions 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. 52.203-4 Contingent Fee Representation and Agreement (APR 1984) 52.215-5 Solicitation Definitions (JUL 1987) 52.215-7 Unnecessarily Elaborate Proposals or Quotations (APR 1984) 52.215-8 Amendments to Solicitations (DEC 1989) 52.215-9 Submission of Offers (MAR 1997) 52.215-10 Late submissions, Modifications, and Withdrawals of Proposals (MAY 1997) 52.215-12 Restriction on Disclosure and Use of Data (APR 1984) 52-215-13 Preparation of Offers (APR 1984) 52.215-14 Explanation to Prospective Offerors (APR 1984) 52-215-15 Failure to Submit Offer (MAY 1997) 52.222-24 Preaward On-Site Equal Opportunity Compliance Review (APR 1984) 52.215-16 Contract Award (OCT 1995) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other factors, specified elsewhere in this solicitation, considered. (b) The Government may (1) reject any or all offers if such action is in the public interest, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received. (c) The Government intends to evaluate proposals and award a contract after conducting written or oral discussions with all responsible offerors whose proposals have been determined to be within the competitive range. However, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. (d) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or price offered, unless the offeror specifies otherwise in the offer. 25 N68711-96-C-2290 (e) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (d) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Government. (f) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if Cost or pricing data furnished is incomplete, inaccurate, or not current. (g) The Government may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or subline items. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to the Government, even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment. (h) The Government may disclose the following information in post-award debriefmgs to other offerors: (1) the overall evaluated cost or price and technical rating of the successful offeror; (2) the overall ranking of all offerors, when any ranking was developed by the agency during source selection; (3) a summary of the rationale for award; and (4) for acquisitions of commercial end items, the make and model of the item to be delivered by the successful offeror. (End of Provision) 52.233-2 Service of Protest (OCT 1995) (a) Protests, as defmed in section 33.101 of the Federal Acquisition Regulation, that are fried directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Naval Facilitities Engineering Command, Southwest Division, Code 0216, 1220 Pacific Highway, San Diego, CA 92123-5187. (b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO. (End of Provision) End of Section L 26 N68711-96-C-2290 PART IV SECTION M - EVALUATION FACTORS FOR AWARD This section is not applicable Rest of page intentionally left blank 27 CODE (Hour) PAGE(S) until local time X A X B X C D EX X G F H RATING PAGE OF PAGES 7. ISSUED BY (Date) 01-Dec-2017 IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c) CHARLES D. BENSON 122 (If other than Item 7) 15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO AND ADDRESS SIGN OFFER (Type or print) OF OFFEROR * / GOV'T POC AMENDMENT NO. DATE 15B. TELEPHONE NO (Include area code)17. SIGNATURE 360-473-5296 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. 18. OFFER DATE CITY OF BREMERTON * 100 OYSTER BAY AVE N BREMERTON WA 98312-3455 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 2. CONTRACT NO. N4425518C5001 N44255 8. ADDRESS OFFER TO See Item 7 9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION CALL: A. NAME (NO COLLECT CALLS) 11. TABLE OF CONTENTS SOLICITATION/ CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/ COSTS 1 2 X I CONTRACT CLAUSES DESCRIPTION/ SPECS./ WORK STATEMENT X PACKAGING AND MARKING 3 - 4 J LIST OF ATTACHMENTS INSPECTION AND ACCEPTANCE DELIVERIES OR PERFORMANCE 5 6 K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS CONTRACT ADMINISTRATION DATA 7 - 8 SPECIAL CONTRACT REQUIREMENTS OFFER (Must be fully completed by offeror) M L INSTRS., CONDS., AND NOTICES TO OFFERORS EVALUATION FACTORS FOR AWARD NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENTS(The offeror acknowledges receipt of amendments AMENDMENT NO. DATE to the SOLICITATION for offerors and related documents numbered and dated): 04DN7 FACILITY 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period SOLICITATION, OFFER AND AWARD chuck.benson@navy.mil X (X)SEC. DESCRIPTION (X)SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE 26. NAME OF CONTRACTING OFFICER (Type or print)27. UNITED STATES OF AMERICA 28. AWARD DATE EMAIL:TEL: 360-396-0052 (Signature of Contracting Officer) CODE CODE B. TELEPHONE (Include area code)C. E-MAIL ADDRESS AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION $8,854,000.00 EST 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: X 10 U.S.C. 2304(c)( )1 41 U.S.C. 253(c)( )(4 copies unless otherwise specified) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE N68732 DFAS CLEVELAND ACCOUNTS PAYABLE PO BOX 998022 CLEVELAND OH 44199-8022 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 9 - 21 PART II - CONTRACT CLAUSES NAVFAC NORTHWEST 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 FAX: TEL: FAX: TEL: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 22 6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP) [ ] [ ] 3. SOLICITATION NO. See Item 7 N4425518C5001 Page 2 of 22 Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 2,187,000 Each $1.00 $2,187,000.00 EST Potable Water at Jackson Park Housing FFP Price for metered water at Jackson Park Housing shall be based on the City's retail water service rate for a ten-inch meter (account 5352000) and an eight-inch meter (account 5352050) as indicated in the City of Bremerton Ordinance provided as Attachment J.1 to this contract. See Attachment J.2 for a listing of accounts and deduct meter sizes for water charges. FOB: Destination NET AMT $2,187,000.00 (EST.) ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 6,667,000 Each $1.00 $6,667,000.00 EST Sewage Treatment at Jackson Park Housing FFP Price for sewage at Jackson Park shall be based upon the City's retail wastewater service rate "Multi family" (Account 5352200) as shown on Attachment J.1 FOB: Destination NET AMT $6,667,000.00 (EST.) N4425518C5001 Page 3 of 22 Section C - Descriptions and Specifications DESCRPTION OF SERVICE C.1 General Requirements: The contractor shall provide all labor, supervision, tools, equipment, and transportation necessary to provide for services under this contract. C.2 Premises to be Served: Navy Jackson Park Housing Area Bremerton, WA C.3 Points of Delivery (P.O.D.): CLIN 0001 - Water for the Navy at Jackson Park housing shall be supplied at the 8 inch meter located at the south end of Root Court and South Shore Drive (account # 5352050), and at the 10 inch meter located at 100 Austin Drive (intersection of Austin Drive and Olding Road. (account # 5352000). CLIN 0002 - Wastewater shall be received and metered by the City of Bremerton at one P.O.D. on the easterly side of South Shore Road at Rankin Road at the City’s lift station OB5. (account # 5352200) C.4 Estimated Service: CLIN 0001 - WATER Estimated annual volume: 100,000 HCF CLIN 0002 - SEWER Estimated annual Volume: 100,000 HCF C.5 Service to be Rendered: WATER: The City shall provide at its expense all necessary facilities and permits required to connect the City of Bremerton water distribution system to the Government water system at the points of delivery specified in this contract for the purpose of providing reliable water service to Naval Hospital Bremerton. The City shall take all reasonable efforts to provide a peak fire flow demand (combined from both P.O.D.’s) of 3750 gpm at a residual pressure of approximately 75 psig at the Root Court connection and a residual pressure of approximately 40 psig at the Olding Road connection. The city shall maintain a minimum normal pressure range within 10% of these pressures at the respective P.O.D.s. The water supplied will be clear, potable, and safe for human consumption. The water supplied shall be in accordance with the applicable standards as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. SEWER: The City shall provide at its expense all necessary facilities and permits required to receive, carry, treat, and dispose of sewage from Jackson Park Naval Housing at the point of delivery specified in this contract. The City shall receive, carry, treat, and dispose of sewage in a manner, and by such means, as will not constitute a hazard to the public health. The City shall operate its sewage facilities in conformity with applicable laws, rules, and regulations as promulgated by, and as may be revised by, Federal, state, and local agencies having regulatory authority. C.6 Term of Service: This contract shall be in effect for a period of ten (10) years after the effeective date of 1 Decmber 2017 or until terminated at the option of the Government by giving written notice to the City of Bremerton not less that 30 days in advance of the effective date of termination. N4425518C5001 Page 4 of 22 C.7 Rate Schedule: Water and Sewer rates charged on this contract shall be in accordance with the City of Bremerton’s current rates and charges as shown in “Assessments, Rates, Fees, and Charges provided as Attachment J.1. This attachment may also be found at the city’s website at the following link: http://www.ci.bremerton.wa.us/524/Utility-Billing Water charges will be based upon the retail rate for the 8-inch and 10-inch meters, “Inside City Limits” and using the “Non-Residential Commodity Charge”.. Sewer will be based upon the “Multi-Family” retail service rate for the Base and Commodity charges Attachment J.2 provides a listing of water and sewer account information. End of Section C N4425518C5001 Page 5 of 22 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 N/A N/A N/A Government 0002 N/A N/A N/A Government N4425518C5001 Page 6 of 22 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 01-DEC-2027 2,187,000 NAVFAC NORTHWEST CHARLES D. BENSON 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 360-396-0052 FOB: Destination N44255 0002 01-DEC-2027 6,667,000 (SAME AS PREVIOUS LOCATION) FOB: Destination N44255 N4425518C5001 Page 7 of 22 Section G - Contract Administration Data ACCOUNT & INVOICE INFORMATION G.1 Payments: The City shall be paid by the designated disbursing office for services furnished under the contract at the rates specified. All bills for regular monthly service shall be paid according to the Prompt Payment Act. The Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the City under like conditions of service. The Government shall notify the City, in writing, within 30 days following receipt of any disputed billing. The Government may pay the disputed billings in full under protest, pending a negotiated resolution pursuant to an appropriate audit, if required, and in accordance with the Disputes Clause of the contract. G. 2 Invoices: Invoices for water and sewage service provided under CLINS 0001 and 0002 shall contain statements of the meter readings at the beginning and end of the billing period, including the consumption during the billing period as well as deductions with cost breakdowns showing Naval Hospital Bremerton and other’s usage through the Jackson Park Housing Points Of Delivery. Invoices will also clearly state the City rate applied to the appropriate CLINs. The fixed and volumetric components of the appropriate rate(s) shall be clearly identified. Navy contract number, (N44255-18-C-5001) as well as the individual city utility account and applicable meter numbers shall also be clearly presented on the invoice. Water and sewage billing shall be on a monthly basis for the following accounts: Contract Line Item Number (CLIN) City of Bremerton Account Number Commodity/Rate Service Point ID/ Gov’t Acct Number Point of Connection 0001 5352000 Water (10” meter) NW_57_FW_00001 100 Austin Drive 0001 5352050 Water (8” meter) NW_57_FW_00002 Root Court & S. Shore Dr 0002 5352200 Sewage (Multi- Family Rate) NW_57_SE_00001 S. Shore Rd. @ Rankin Rd. All invoices for the above accounts shall be mailed to the address provided below with the representative Government Account Number included in the second line of the address to ensure accurate processing of invoices. Utility Invoice Processing Center (Insert Respective Government Account Number) Box 159 9226 Third Avenue Norfolk, VA 23511-2313 G.3 Other Communication: All other communication regarding this contract shall be addressed as follows: Utility Service Provider City of Bremerton Attn: Public Works Department 100 Oyster Bay Ave N Bremerton, WA 98312-3455 Government: Department of Navy Naval Facilities Engineering Command Northwest Attention: Utilities Contracts 1101 Tautog Circle Silverdale, WA 98315-1101 N4425518C5001 Page 8 of 22 G.4 Accounting and Appropriation Data: The Certifying Official shall cite funding for recurring services on each invoice. Nonrecurring services will normally be procured through contract modification and shall be separately invoiced. G.5 Base Access and Security Requirements: 5.1 Navy Installations Access - The Contractor shall ensure that all security/entrance clearances are obtained. All Contractor employees shall obtain the required employee and vehicle passes. Employee badges may be obtained either by visiting the Pass and ID Office daily to obtain a pass or utilizing the Defense Biometric Identification System (DBIDS). More information on DBIDS can be found at https://www.cnic.navy.mil/om/dbids.html . The Contractor is responsible for filling out all forms and providing all information necessary to request passes and/or badges. Heightened security requirements may cause unexpected delays. The Contractor is responsible for requesting badges in a timely manner. Each employee shall wear the Government issued badge over the front of the outer clothing. When working on site, if wearing the badge would be a safety hazard, the individual may remove the badge but shall retain it in his/her possession to show if challenged. When an employee leaves the Contractor's or subcontractor's service, the employee's pass and/or badge shall be returned to the Government. Upon completion of the work, the Contractor shall return all identification items issued to him during the course of the contract. The Contractor shall provide accompanied escorts for contractor and subcontractor personnel as needed to meet installation security requirements. Contractor or subcontractor personnel who do not possess permanent access credentials shall not be left unattended. 5.2 Camera, Video and Recording Equipment — No camera, video, or recording equipment may be brought aboard an Activity without submission and approval of camera/video/recording (Camcorder) equipment permit. The request must be submitted to the Activity Energy Manager/COR via the Contracting Officer. 5.3 Radio Transmitter Restrictions — Conform to the restrictions and procedures for the use of radio transmitting equipment, as directed. Do not use transmitters without prior approval. G.6 Rate Changes: The City shall notify the Navy of any rate changes as far in advance as is reasonable. Changes in rates or terms and conditions of service are subject to the provisions of FAR Clause 52.241-8, “Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995). CLAUSES INCORPORATED BY FULL TEXT 252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICER SPECIFIED ACRN ORDER. (SEP 2009) The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified below: ACRN Order LOA will be cited at time of Payment (End of clause) N4425518C5001 Page 9 of 22 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.232-1 Payments APR 1984 52.232-11 Extras APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 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 52.241-11 Multiple Service Locations FEB 1995 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed- Price) APR 2012 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies DEC 2008 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism OCT 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.241-7001 Government Access DEC 1991 N4425518C5001 Page 10 of 22 252.243-7002 Requests for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 52.222-26 EQUAL OPPORTUNITY (SEPT 2016) ALTERNATE I (FEB 1999) Notice. The following terms of this clause are waived for this contract :NA. (a) Definitions. As used in this clause-- Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an N4425518C5001 Page 11 of 22 Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by— (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. N4425518C5001 Page 12 of 22 (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. (End of clause) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) ALTERNATE I (JUL 2014) Notice: The following term(s) of this clause are waived for this contract: ----------NA (a) Definitions. As used in this clause-- ``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) N4425518C5001 Page 13 of 22 (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.233-1 DISPUTES. (MAY 2014) -- ALTERNATE I (DEC 1991) (a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claimexceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor. (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71. N4425518C5001 Page 14 of 22 (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. (End of clause) 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period 10 years commencing on 1 December 2017 and ending 30 November 2027 the Contractor agrees 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. (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 date. (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 shall be made to the next invoice for the purpose of N4425518C5001 Page 15 of 22 correcting such errors. However, any meter which registers not more than 3% 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 28 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 5 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 3% 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 3% 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 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 24 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) 52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995) (a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. (b) After one year , either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes. (c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service. (d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract. (e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. N4425518C5001 Page 16 of 22 (End of clause) 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) - ALTERNATE I (APR 1984) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (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): https://www.acquisition.gov/?q=browsefar (End of clause) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. N4425518C5001 Page 17 of 22 Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category- list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-- (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. Rapidly report means within 72 hours of discovery of any cyber incident. N4425518C5001 Page 18 of 22 Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. (2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: (i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. (C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. (D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. (3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) N4425518C5001 Page 19 of 22 of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. (c) Cyber incident reporting requirement. (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-- (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. N4425518C5001 Page 20 of 22 (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- (1) To entities with missions that may be affected by such information; (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; (3) To Government entities that conduct counterintelligence or law enforcement investigations; (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or (5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. (m) Subcontracts. The Contractor shall-- (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and (2) Require subcontractors to-- (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause) N4425518C5001 Page 21 of 22 252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013) (a) Definition. ``Export-controlled items,'' as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes-- (1) ``Defense items,'' defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120; and (2) ``Items,'' defined in the EAR as ``commodities'', ``software'', and ``technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to— (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR Parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) N4425518C5001 Page 22 of 22 Section J - List of Documents, Exhibits and Other Attachments CONTRACT ATTACHMENTS The following documents are appended to the contract and do not increase or alter the page count shown throughout the rest of contract document. Attachment J.1 City of Bremerton “Assessments, Rates, Fees, and Charges Effective July 1, 2017” Attachment J.2 Accounts and Adjustments for Jackson Park housing Attachment J.3 Reid Middleton Water System Overview Map 1 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2018 Inside/Outside City Limits Inside/Outside City Limits GENERAL FACILITY CHARGES* Water based on meter size average normal flow 5/8” x 3/4” Residential and Commercial $4,448.58 $5,880.00 1” Residential $4,448.58 $5,880.00 1” Commercial $6,094.59 $8,056.00 1 1/2” Commercial $35,587.67 $47,040.00 2” Commercial $35,587.67 $47,040.00 3” Commercial $88,969.18 $117,600.00 4” Commercial $177,938.37 $235,200.00 Greater than 4” Case by Case basis Case by Case basis Wastewater based on meter size average normal flow 5/8” x 3/4” Residential and Commercial $5,714.91 $6,863.00 1” Residential $5,714.91 $6,863.00 1” Commercial $7,086.43 $8,510.00 1 1/2” Commercial $40,004.40 $48,041.00 2” Commercial $40,004.40 $48,041.00 3” Commercial $102,868.46 $123,534.00 4” Commercial $205,736.92 $247,068.00 Greater than 4” Case by Case basis Case by Case basis Stormwater (per IHSU) $2,443.00 $3,157.00 The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2017, and January 1, 2018, general facility charges unless approved by City Council. 2017 2017 Inside City Limits Outside City Limits CONNECTION FEES Water Connection Fees 5/8" x 3/4" $2,710.00 $4,065.00 1"$2,922.00 $4,383.00 1 1/2" $6,190.00 $9,285.00 2"$7,003.00 $10,505.00 3" - 4" x 4" - Service to property line $13,038.00 $19,557.00 3" - 4" x 6" - Service to property line $13,216.00 $19,824.00 3" - 4" x 8" - Service to property line $13,536.00 $20,305.00 3" - 4" x 10" - Service to property line $15,225.00 $22,838.00 3" - 4" x 12" - Service to property line $13,279.00 $19,919.00 4" - 4" x 4" - Service to property line $14,412.00 $21,619.00 4" - 4" x 6" - Service to property line $14,591.00 $21,886.00 4" - 4" x 8" - Service to property line $14,912.00 $22,367.00 4" - 4" x 10" - Service to property line $16,599.00 $24,899.00 4" - 4" x 12" - Service to property line $16,605.00 $24,906.00 6" - 6" x 6" - Service to property line $17,476.00 $26,214.00 6" - 6" x 8" - Service to property line $17,797.00 $26,695.00 6" - 6" x 10" - Service to property line $19,485.00 $29,227.00 6" - 6" x 12" - Service to property line $19,485.00 $29,227.00 8" - 8" x 8" - Service to property line $23,150.00 $34,725.00 N44255-18-C-5002 Attachment J.1 2 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits 8" - 8" x 10" - Service to property line $24,909.00 $37,363.00 8" - 8" x 12" - Service to property line $24,909.00 $37,363.00 10" - 10" x 10" - Service to property line $28,312.00 $42,468.00 10" - 10" x 12" - Service to property line $28,811.00 $43,216.00 Greater than 12" Actual Time & Materials Actual Time & Materials Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill $3,075.00 $4,613.00 4" x 6" - excluding excavation & backfill $3,253.00 $4,879.00 4" x 8" - excluding excavation & backfill $3,574.00 $5,360.00 4" x 10" - excluding excavation & backfill $5,262.00 $7,893.00 4" x 12" - excluding excavation & backfill $5,267.00 $7,900.00 6" x 6" - excluding excavation & backfill $3,485.00 $5,226.00 6" x 8" - excluding excavation & backfill $3,805.00 $5,707.00 6" x 10" - excluding excavation & backfill $5,494.00 $8,240.00 6" x 12" - excluding excavation & backfill $5,494.00 $8,240.00 8" x 8" - excluding excavation & backfill $4,451.00 $6,675.00 8" x 10" - excluding excavation & backfill $6,211.00 $9,316.00 8" x 12" - excluding excavation & backfill $6,330.00 $9,495.00 10" x 10" - excluding excavation & backfill $7,077.00 $10,614.00 10" x 12" - excluding excavation & backfill $7,547.00 $11,321.00 12" x 12" - excluding excavation & backfill $7,457.00 $11,186.00 2" - service to property line $3,783.00 $5,674.00 4" x 4" - service to property line $8,992.00 $13,487.00 4" x 6" - service to property line $9,171.00 $13,756.00 4" x 8" - service to property line $9,491.00 $14,237.00 4" x 10" - service to property line $11,179.00 $16,768.00 4" x 12" - service to property line $11,184.00 $16,776.00 6" x 6" - service to property line $9,061.00 $13,592.00 6" x 8" - service to property line $9,382.00 $14,072.00 6" x 10" - service to property line $11,071.00 $16,606.00 6" x 12" - service to property line $11,071.00 $16,606.00 8" x 8" - service to property line $10,388.00 $15,581.00 8" x 10" - service to property line $12,148.00 $18,222.00 8" x 12" - service to property line $12,147.00 $18,220.00 10" x 10" - service to property line $13,672.00 $20,508.00 10" x 12" - service to property line $14,170.00 $21,255.00 12" x 12" - service to property line $15,077.00 $22,615.00 Fire Hydrant Installation* 6" x 8" and smaller - service to property line $11,731.00 $17,597.00 6"x 10" - service to property line $13,420.00 $20,130.00 6"x 12" service to property line $13,420.00 $20,130.00 PLAN CHECK/INSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot $0.30 $0.44 BUT not less than $249.00 $374.00 (Includes hydrants and appurtenances and connection to water system) 3 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Pump Stations $626.00 $939.00 Fireline Extension $100.00 $150.00 Irrigation Systems $100.00 $150.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development $387.00 N/A Non-Residential Development $268.00 N/A Plus per IHSU $11.65 N/A Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $41.93 N/A 21 - 50 Lots $30.29 N/A 51 - 100 Lots $26.80 N/A 100+ Lots $23.30 N/A Minimum Charge $297.00 N/A Non-Residential Development per IHSU $23.30 N/A Minimum Charge $356.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $297.00 N/A Field Inspection Fees Water main extensions (per foot) $1.32 $1.98 but not less than: $487.00 $731.00 Pump Station $642.00 $963.00 Miscellaneous (per hour) $83.00 $124.00 Wastewater Connection Fees Lateral Connection at P/L $83.00 $124.00 Lateral Connection at Main $314.00 $472.00 Conveyance Facility Ext. (Per Foot) $1.74 $2.60 but not less than: $379.00 $568.00 Pump Station $630.00 $945.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Inspection Fees *** Residential Development (per lot) $17.48 N/A Non-Residential Development (per IHSU) $17.48 N/A Minimum Charge $179.00 N/A Conveyance Facility Extensions (per foot) $0.93 N/A Minimum Charge $356.00 N/A Unscheduled Inspections**** (per site visit) $83.00 N/A MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn-on) $20.00 $20.00 Account Maintenance $5.00 $5.00 Past Due Notice $3.00 $3.00 Lien Recovery Charge $102.00 $102.00 Close Account/Meter Read/Water Service Turn- off $20.00 $20.00 4 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Utility/Lien Search Fee (Manual) per parcel $31.00 $31.00 Park Reservation Fee (non-refundable) $102.00 $102.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $709.00 $1,063.00 Concrete Patch $1,274.00 $1,911.00 Asphalt Trench $1,615.00 $2,423.00 Concrete Trench $1,632.00 $2,447.00 County Road Permit N/A Cost Water Meter Installation 3/4" & 1" $148.00 $148.00 1-1/2" & 2" $229.00 $229.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation- Snowbirds $51.00 $51.00 Water Meter Tampering Tampering Fee $255.00 $255.00 Tampering Repair Actual Time & Materials Actual Time & Materials Fire Service - Detector, Meter & MXU $470.00 $470.00 Storz Adapter $242.00 $242.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours $41.00 $41.00 After Hours $186.00 $186.00 Delinquency Notice $20.00 $20.00 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours $61.00 $61.00 After Hours $186.00 $186.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only $83.00 $83.00 1-1/2" & 2" meters only $151.00 $151.00 Larger than 2" Actual Time & Materials Actual Time & Materials Meter Test Fee (based on meter size) 3/4" & 1" $186.00 $186.00 1-1/2" & 2" 253.00 $253.00 3" or greater Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours No Charge No Charge After Hours $186.00 $186.00 Emergency No Charge No Charge Utility Compliance Specialist Inspection $83.00 $83.00 Administration Fee $35.00 $35.00 Utility Labor Rate Hourly (Equipment not included) $67.00 $67.00 5 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $12.84 $19.26 1 inch $14.68 $22.03 1 1/2 inch $20.87 $31.31 2 inch $28.04 $42.06 3 inch $53.20 $79.80 4 inch $98.86 $148.29 6 inch $351.51 $527.27 8 inch $1,284.01 $1,926.02 10 inch $4,579.50 $6,869.23 12 inch $17,215.80 $25,823.70 Residential Commodity Charge (per HCF) Per HCF/Month $2.22 $3.33 Non - Residential Commodity Charge (per HCF) $2.00 $3.00 Fire Protection - Monthly Service Charge Service Size 1 inch $26.65 $39.97 1 1/2 inch $40.11 $60.17 2 inch $52.15 $78.23 3 inch $57.46 $86.21 4 inch $62.64 $93.95 6 inch $78.18 $117.27 8 inch $104.09 $156.13 10 inch $145.66 $218.49 12 inch $208.09 $312.13 Commodity Charge (per HCF) $4.02 $6.02 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) 5/8" x 3/4" $12.84 $19.26 Base Charge (per account) 1" $14.68 $22.03 Commodity Charge 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $2.22 $3.33 Temporary/Construction Meter 1" Meter Deposit $300.00 $300.00 Base Fee (per month) $14.68 $22.03 Set Up Fee & Removal Fee $296.00 296.00 Hydrant meter (3" Meter) Deposit $2,000.00 $2,000.00 Base Fee (per month) $53.20 $79.80 Set Up Fee $296.00 $296.00 Equipment Loss/Damage Actual Time & MaterialsActual Time & Materials Commodity Charge (per HCF) $2.00 $3.00 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) $1.00 N/A 6 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF) $1.36 N/A RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $34.24 $51.36 Commodity Charge (per HCF) $4.59 $6.89 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit) $27.12 $40.68 Commodity Charge (per HCF) $4.59 $6.89 Multi - Family Base Charge (per unit) $27.12 $40.68 Commodity Charge (per HCF) $4.59 $6.89 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $21.24 $32.26 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $4.59 $6.89 Commercial I Base Charge (per account) $50.61 $75.93 Commodity Charge (per HCF) $4.73 $7.10 Commercial II Base Charge (per account) $50.99 $76.48 Commodity Charge (per HCF) $6.06 $9.09 Commercial III Base Charge (per account) $51.49 77.24 Commodity Charge (per HCF) $7.40 $11.10 Commercial IV Base Charge (per account) $51.99 $77.99 Commodity Charge (per HCF) $8.74 $13.11 Commercial V Base Charge (per account) $57.19 $85.80 Commodity Charge (per HCF) $10.93 $16.40 Commercial VI Base Charge (per account) $62.91 $94.37 Commodity Charge (per HCF) $13.66 $20.49 Commercial VII Base Charge (per account) $69.20 $103.80 Commodity Charge (per HCF) $15.95 $23.93 Commercial Special Base Charge (per account) $76.12 $114.18 Commodity Charge (per HCF) $21.35 $32.00 Beverage Production Base Charge (per account) $51.49 $77.24 Commodity Charge (per HCF) $4.81 $7.21 Commercial Fountains - Separately Metered Base Charge (per account) $50.61 $75.93 Commodity Charge (per HCF) $1.56 $2.34 7 of 7 Ordinance No. 5324 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 2017 2017 Inside City Limits Outside City Limits Septage Disposal (per gallon of tank capacity) $0.26 $0.38 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge $11.03 $16.55 Low-Income Senior and Low-Income Disabled Grinder Pump Surcharge $8.28 $12.42 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account) $13.73 N/A Exception: Duplex with 2 Meters (per account) $6.90 N/A Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge $6.87 N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge $13.73 N/A Commercial I Base Charge (per IHSU) $13.73 N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge $6.87 N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge $13.73 N/A Public School Districts (per account) $13.73 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $8.36 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) $1.52 N/A Water Quantity (per IHSU) $4.59 N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU) $3.04 N/A * Pavement Restoration Charge May Also Be Assessed. ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) N/A when noted means “not applicable.” R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utilty Rates - REDLINED 05.12.2017.docx GENERAL FACILITY CHARGES 2016 2017 2018 5/8" x 3/4" 3,016.92$ 4,448.58$ 5,880.00$ 1" 3,016.92$ 4,448.58$ 5,880.00$ 1" Commercial 4,133.18$ 6,094.59$ 8,056.00$ 1 1/2" Commercial 24,135.35$ 35,587.67$ 47,040.00$ 2" Commercial 24,135.35$ 35,587.67$ 47,040.00$ 3" Commercial 60,338.37$ 88,969.18$ 117,600.00$ 4" Commercial 120,676.74$ 177,938.37$ 235,200.00$ Greater than 4"Case by Case basis 5/8" x 3/4" 4,566.83$ 5,714.91$ 6,863.00$ 1" 4,566.83$ 5,714.91$ 6,863.00$ 1" Commercial 5,662.87$ 7,086.43$ 8,510.00$ 1 1/2" Commercial 31,967.80$ 40,004.40$ 48,041.00$ 2" Commercial 31,967.80$ 40,004.40$ 48,041.00$ 3" Commercial 82,202.92$ 102,868.46$ 123,534.00$ 4" Commercial 164,405.83$ 205,736.92$ 247,068.00$ Greater than 4"Case by Case basis Case by Case basis Case by Case basis Stormwater (per IHSU)1,731.00$ 2,443.00$ 3,157.00$ The GFCs shall be effective January 1, 2016, January 1, 2017, and January 1, 2018 as noted, except that: Case by Case basis Wastewater based on meter size average normal flow 1) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the current rate. 2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, January 1, 2017 and January 1, 2018 charges unless otherwise approved by City Council. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2016, January 1, 2017 and January 1, 2018 Inside and Outside City Limits Water based on meter size average normal flow N44255-18-C-5001 Attachment J.2 CITY OF BREMERTON NAVY UTILITY CONTRACTS Accounts and Adjustments for Jackson Park Housing BUILDING ACCOUNT METER SIZE/SERVICE Water: Jackson Park Housing 5352000 10” Domestic Jackson Park Housing 5352050 8” Domestic Water Deducts: City Pump Station 5351600 B-01 Hospital - Primary 5352740 6” Domestic B-01 Hospital – Back-up 5352680 6” Domestic B-17 Clinic 5352890 4” Domestic B-87 Optics Lab 5352480 1” Domestic JP-01 Satellite Pharmacy 5352370 1” Domestic Sewer: Jackson Park Housing 5352200 Multi Family – 870 Units Sewer Meter Sewer Deducts: Jackson Park School 5427510 Austin Partners LLC 5351800 B-01 Hospital 5352690 Calculated from (4) water meters * B-17 Clinic 5352890 Domestic Water meter * Calculated by adding the amounts from the Building 01 Primary and Back-up domestic service meters and subtracting the cooling and boiler make-up water meter amounts. ((5352680+5352740) – (5352700+5352720)) 10 N44255-18-C-5001 Attachment J.3