HomeMy WebLinkAbout2004 CONTRACT AWARDContract Number:
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3875
NAVY - DEPT OF
Water/Sewer Service - Naval Hospital
PW Admin
LEG 12-1
12/01/1997
12/01/2007
02/15/2009
01/01/2009
N68711-96-C-2289 Amended 10/04
Replaced by new Agreement
2 AMENDMENT/MODIFICATION NO. 3.EFFECllVE DATE 4 REQUISITION/PURCHASE REQ. NO. 5 PROJECTNO.(lfapplicable)
0000 '7 01-Nov-2004
6.ISSUEDBY CODE N44255 7 ADMINISTERED BY (lfother thanitem6) CODE I
1~177THAVENE See Item 6
8. NAME AND ADDRESSOF CONTRACTOR (No., Street. County, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.
3~27OLYMPUS DR 9B. DATED (~E ITEM 1 l)
X N44255-96-C-2289
CODE 04DN7 IFACILITY ~QI~ X 22-Dec-1997
FAR CLAUSE 52.241.8
15 A- NAM~.I ~; ~,~Ry2o.r prin ' ) ' 6A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print )
N44255-96-C-2289
Page 2 of 2
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
End of Summary of Changes)
ORDINANCE NO. 4q
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 Mtmicipal
water, wastewater and stormwater services.
WHEREAS, the City Council desires to amend the defin fion of and
method for establishing certain utilities system development charges and fees set forth inChapterslS.01 and 15.06 of the Bremerton Municipal Code; and,
WHEREAS, the City Council desires to establish system developmentchargesandfeesfortheCity's Stormwater Utility; and,
WHEREAS, the City Council desires to amend the rates, fees and chargessetforthinAppendixAofSection15.06.015 of the Bremerton Municipal Code; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L Section 15.01.020 of the Bremerton Municipal Code entitledDefinitions" is hereby amended by amending certain subsections as follows:
15.01.020 DEFINITIONS. The following definitions under Section 15.010.020 areamendedtoreadasfollows:
e) (1) "Equivalent Residemial Unit" (ERU) shall mean ~e *~ ...... *~ ..... ~ .... .~-~*; ....
cfflccr :Face. a unit of measurement to determine wastewater
general facility charges and .qhall be based on 236 gallons per customer day.
g) (2) "General Facilities Charges" (GFC) shall mean the charge established to reflecttheproportionatecostshareforexistingsource, 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
UtHi~Rates
SECTION 2. Section 15.01.030 of the Bremerton Municipal Code entitled
Ufihty 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 Agreement, ~x~c~t a Set-Acc A~'azmant :ha!! net tc ~: rzq'cSred fer :tc,~watci
sea. Sec fcr regider2ia! !i;~ng ,an/t: and net requk%ng cer. ncc~en tca cle:ed ccn;'eyance gystem az
a pm~ cf~e Utility Stc~-:,'at~ Syat~. Agreements ';.'kan req'~rcd 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 tfis 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 writingforutilityserviceshallbecomeinvalidafteronehundredeighty (180) days fi.om the date of the
estimate unless the applicant enters into a Utility Service Agreement with the Department priortothattime.
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 UtilityservicearearequiringutilityservicemaypetitiontheDepartmenttoconstructpublicsystem
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 ora System Improvement Agreement between the
owner and the Department specifying the improvements. The estimated costs for said
improvements 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 within the
Utility service area petition the City to construct public system improvements, the City may
construct said improvements upon execution ora 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 monthlyinstallmentsplusinterestataratesetintheSystemImprovementAgreementwith20% of the
2
UtiliO~ Rates
cost due prior to installation and the balance together with interest due within thirty-six (36)
months of the date fi:om 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 behalfofthe property owners,
utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing
utility construction.
e) Propen'y 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 -I-)
charges according to the conditions of any existing reimbursement agreement for any main
installed 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 ofrecovery 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 fi.om 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 ofthe 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 watery wastewater, or stormwater system improvement.
SECTION 5. Section 15.06.015 of the Bremerton Municipal Code entitled
Incorporation and CPI Adjushment" 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_Commencmg ..... ~ November 1, ..... 005, and ...... j on November 1 of each
successive year thereafter, the .... , utility rates -~ ~ ~ ..... ' ' 'ovo m this section, not otherwise adjusted
by the City Council during the previous six-month period, shall automatically be adjusted based
3
Ufili~Ra~s
upon the most current Consumer Price Index for all Urban Consumers, Seattle ..... City
pre:aleut year, and the General Facility Charges shall be adiusted according to the most current
Seattle Construction Index (SCI).
SECTION 6: Section 15.06.020 of the Bremerton Municipal Code entitled
Assessments" is hereby amended to read as follows:
15.06.020 ASSESSMENTS.
a) General Facility Fcc 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 considered to have paid their proportionate share of the
General Facility-fee 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) The calculation of the General Facility fee Charge for water and
wastewater :~5!I shall be based on the number of Equivalent Residential Unit(s) (ERU) served
and shall be app,~cne~ and az:essed computed as follows:
Single Family Residence I ERU/Unit
Duplex (two units) Twc ',m/t: 1 ERUfOnit
Multi-family (3 or more units) .4 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 lanndry 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
capaciW 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
Utili(y 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 with 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 bay
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 units on which the charge for a new
building is calculated, the ERU for the remodel will be calculated on the basis ofthe fixtures added
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.--1 ERU
Dishwasher 0.-1 ERU
Disposal 0.-1 ERU
Drinking Fountain 0.05 ERU
Floor Drain 0.01 ERU
Fountain/Backwash 0._[ 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
Swimming 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
Utility 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 fraction thereof, in
excess of the first 330 mWl of biochemical
oxygen demand or suspended solids.
Example:
Factor Range
1 0-330
2 331-
66O
3 · 661-
990
continues per 300
increment)
Undefined Building and Sewer Use To be deter-
mined 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
ifnew use is less
than former use.
4) The following are the definitions ofthe classifications used in establiahlng
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 homing light industrial
activities where use of water and subsequent discharge of sewer does not occur in connection
with the industrial process. Warehouses and other storage buildingg 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 fi.om illness or injury 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 facihty," includes restaurants, taverns, delicatessens, and
wholesale and retail bakeries, but does not include canneries, dairies, cheese factoties, 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
injured 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 se~ing of food and drink shall
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 Lanndromat~ Such additional
7
UtiliO~ 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 of buildings 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 industrial
laundry would be considerably more than that from 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 the
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 personlivingasasinglehousekeepingunitorhouseholdsewerservicebeingprovidedthroughnotmore
than one sewer connection. Common buildings in an apartment house complex requiring sewer
service shall be charged as commercial buildingg and that portion of buildings housing common
laundry facilities shall be charged as lanndries and I mmdromats.
Mobile Home Park," (including travel trailer parks) is defined as any area or tract ofland having
a sewer connection, and where sewerage collection pipes are extended to two or more spacesoccupiedby, 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 for
use as a place of human habitation, or as eating, sleeping, or living quarters or any combination
thereof. A mobile home space is defined as the individual location having a sewer hookup for
each such vehicle. For purposes of determinlng the GFCs for mobile home parks' common
buildings, such as recreation halls~ etc., shall be charged as commercial buildingS. Beildlngs
housing laundry facilities shall be charged as laundries and Laundromats 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 the,
dumping of sanitary sewer wastes from recreational vehicle holding tank~ Includes gray water
from 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 1 ?.
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/or
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 singlefamilyresidence.
Undefined buildings" and" undefined sewer use" are those not defined in Section (a)(4).
Vehicle wash" is defined as a commercial building or structure used for washing vehicles. Self
service vehicle washes are coin-operated facilities serving the general public that require the
customer to wash the vehicle. Full-service vehicle washes are facilities set, ring the generalpublic, 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 sewer
will be reviewed on a case-by-case basis.
Wet industrial" is defined as a building or structure housing industrial activities where the usc,ofwater 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 industrial.Other facilities that discharge less than 200,000 gallons per day, and whose anticipated strengthofthesewagetobegeneratedfromthefacilityisgreaterthandomesticsewagestren?, hs mayalsobeconsideredwetindnstrial. Those facilities will be reviewed on a case-by-case basis. Thc,
anticipated volume and strength of sewage l~om an average single-family residence shall be
considered when calculating GFCs.
5) Additional loading or change of nsc is defined as an increased demand for
wastewater treatment from an existing wet industrial building or structure. The additional
loading may be the result ofreplacement or addition to an existing structure or facility, a change,in use, or a fifteen percent (15%) or greater increase above the permitted volume or character of
the wastewater constituents being discharged.
6) ERUs shall be determined on the basis of the number of single familyresidenceequivalentunitswiththeadditionalloadingorthenewusewithcreditbeinggiven for
the number of single family residence equivalent nnits of the ori.m.'nal facility. No refund will be,
given if the change ofuse results in a decreased sewer loading. Any addition to an existingsinglefamilyresidencewhichdoesnotresultinanadditionaldwellingwillbeexemptt~orn
additional charge~
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 impervious
area in an ISU. However, all single-family residential parcels as defined in BMC 15.01.020 shall
beone (1) ISU. For commercial developments, wherein the City requires that the development provideforonsitedetention, the ISUs charged shall be based on the nnmher of acres (5.4ISlJs per
acre).9
Utility
Rates
8~ ~-he-G~ 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%) ofall GFCs shall be
paid at the time of issuance of a development (grade and fill) penrdt and the remaining balance,
in addition to rotes and other fees, assessments, and charges established for utility service, shall
be paid at the time of execution of the Utility Service Agreement
FFF.
b)(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 reinspecfion is
required as a result of the property owner/developer's failure to comply with the correction notice
f~om a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee or deposit shall be assessed and paid at the time of execution of
10
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 cun'ent rates, based on the current class of service and ERU 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 years.
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 mended to read as
stated in Extfibit A attached hereto.
SECTION 8. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remain/ng portion of this Ordinance and the same shall remain in full
force and effect.
SECTION9. 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_/__ff.2~_ day of _~t~_ ~,.~t~.64~ ,2004
VASSED by the City Council day of ,2004
D'AREN NYGREN, Co~u~cil President
Approved this ~,~,t- day °f ./~/f~~F~~20~
CARY B(~ZEMAN, Mayor
11
Utility Rates
PUBLISHED the~;.7.a~ day of _k/b_J~_.,vv~r,c) .2004
EFFECTIVE the_~.,7.~day of ~td~7~_/~ _>2~-~_~_x) ,2004
ORD]NANCE NO.
R:kLEGAL\OrdinaneeskPubli¢ Works & Utilifiesk2004 Rate Ordinance - 08-16-04 - Final2.do¢
12
Utility Rates
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE ........... NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
GENERAL FACILITY CHARGES
r ....../ $ 2~,9.!2 $ 375.75
Water (per Meter Size)
5/8" x 3/4" $ 2,300.00 $ 2,300.00
l'_J $ 5,750.00 $ 5,750.001I/2" $ 11,500.00 $ 11,500.002'-- $ 18,400.00 $ 18,400.00Greaterthan2" Calculated based on usage Calculated based on usage
Wastewater (per ERU) $ ?.9.!2 $ 3,482.00 $ 375.?5 $ 3,482.00
Stormwater (uer ISLr} $ 933.00 ~ 933.00
Per Fr:nt Fc, ot $ 29.~'2 $ 39.53
OffRcadP. atc $ !,92!.99 $ !,53!.50
Per Yr.*nt Ye, or $ 25.53 $ 35.29
OffR:r-dP~to $ !,275.25 $ !,97,.38
Frar22ng th: :ewer re=in :~ Nc~k!~,2':c Way.
CONNECTION/INSPECTION FEES
Water
5/8"x3/4" $ !,527.~.2 $ 1~715.00 $ 2,29!.!2 $ 2,572.50
1" $ !,53!.50 $ 1,848.00 $ 2,297.25 $ 2,772.00
1 1/2" $ 2,37~..$5 $ 2,899.00 $ 3,552.27 $ 4~348.50
2" $ 2,~.37.97 $ 3,682.00 $ 3,715.d4 $ 5~523.00Greaterthan2" Actual Time & Materials 150% of Actual Time & Materials
Field Inspection Fees
Water main extensions (per foot) $ 1.02 $ 1.10 $ !.53 $ 1.65
butnotlessthan: $ ~.95.~,9 $ 410.00 $ 512.50 $ 615.00
Pump Station $ 535.93 $ 540.00 $ $C'l.0d $ 810.00
Miscellaneous (per hour) $ <2.83 $ ~{5.00 $ 6d.32 $ 67.50
Wastewater
Lateral Connection at P/L $ <2.~°g $ 45.00 $ 5~..32 $ 67.50
Lateral Connection at Main $ 255.C ! $ 270.00 $ ~,92.92 $ 405.00
Conveyance Facility Ext. (Per Foot) $ !23 $ 1.50 $ !.99 $ 2.25
but not less than: $ 32!.52 $ 325.00 $ <$2.~,2 $ 487.50
Pump Station $ 53~.93 $ 540.00 $ ~°C~..9~. $ 810.00
Miscellaneous (per hour) $ ~,2.S$ $ 45.00 $ 5a..32 $ 67.50
1of8
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 $ 7.96 $ 12.03
linch $ ~.07 $ 9.17 $ 9.09 $ 13.76
l 1/2inch $ S.~3 $ 13.03 $ 12.97 $ 19.55
2inch $ !!.59 $ 17.50 ~ !7.~6 $ 26.25
3 inch $ 22.00 $ 33.22 $ 22.92 $ 49.83
4inch $ ~.0.gq $ 61.82 $ ~!.52 $ 92.73
6inch $ !~.5.29 $ 219.39 $ 2!7.93 $ 329.09
8 inch $ 52~.2~ $ 800.69 ~e 795.~.! $ 1,201.04
10inch $ 1,E93.!9 $ 2,858.72 $ 2,~°29'.7~ $ 4,288.08
12inch $ 7,I!~°.E7 $ 10~749.49 $ !9,~75.33 $ 16,124.24
Residential Commodity Charge (per HCF) $ 0.77 $ 1.15
0 - 10 HCF/Month $ 0.87 $ 1.31
Over 10 HCFfMonth $ 0.97 $ 1.46
Non - Residential Commodity Charge (~er HCF] $ 0.94 $ 1.41
Fire Protection - Monthly Service Charge
Service Size
1 inch $ 10.52 $ 13.67 $ 15.E3 $ 20.51
1 1/2 inch $ !5.~°3 $ 20.57 $ 2~.59 $ 30.86
2 inch $ 20.57 $ 26.75 $ 3~.E3 $ 40.12
3 inch $ 22.67 $ 29.47 $ 3~..~n $ 44.20
4 inch $ 24.71 $ 32.12 $ ~?.~! $ 48.18
6 inch $ 39.$2 $ 40.08 $ ~.~ $ 60.13
8 inch $ ~!.~. $ 53.36 $ 6!.57 $ 80.04
10 inch $ 57.53 $ 74.79 $ g~.33 $ t12.19
12 inch $ ~2.2a. $ 106.91 $ !23.?. $ 160.37
Commodity Charge (per HCF) $ 1.53 $ 1.88 $ 2,30 $ 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 $ 7.96 $ 12.03
Commodity Charge
0 - 5 HCF/Month4~A~.J,F~Bittmg No Charge No Charge
5 - 10 HCF/Month $ 0.87 $ 1.31
Over 10 HCF/MonthEil!ing (~r,r HCF) $ 0.77 $ 0.97 $ 1.15 $ 1.46
Temporary/Construction Meter
1" Meter
Deposit $ '~2.!~ $ 105.00 $ 1~2,!~ $ 105.00
Base Fee (per month) $ 6.07 $ 9.17 $ 9,~9 $ 13.76
Set Up Fee $ 79.~~. $ 90.00 $ 119.~.S $ 90.00
Hydrant meter (3" Meter)
Deposit $ 51~.5~ $ 510.00 $ 5!~.5~ $ 510.00
BaseFee (permonth) $ !9.~9 $ 33.22 $ 2g.fia. $ 49.83
SetUpFee $ 79.~~. $ 90.00 $ !!9.~.~ $ 90.00
Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials
CommodityCharge(perHCF) $ 0,77 $ 0,94 $ 1.15 $ 1.41
Within Outside
City Limits 2004 City Limits 2004
RETAIL WATER SERVICE RATES (cont'd)
City Parks and Recreation Dept. - Irrigation
Commodity Charee (her HCF) $ 0.48
3of8
Within Outside
City Limits 2004 City Limits 2004
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single Family
Base Charge (per ac¢ount) $ !!.Ea. $ 18,12 $ !2.5~ $ 20.84
Commodity Charge (per HCF) $ 3.68 $ 4.24
Duplex on 1 Mater or 2 Bldgs on I Meter
Base Charge (per unit) $ 9.29 $ 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.~2 $ 16.53
Commodity Charge (par HCF) $ 3.68 $ 4.24
Commercial I
Base charge (per account) $ 17.51 $ 26.79 $ 20.!~ $ 30.8i
Commodity Charge (per HCF) $ 3.78 $ 4.34
Commercial II
Base Charge (per account) $ 17.$2 $ 27.26 $ 29.52 $ 31.35
Commodity Charge (per HCF) $ 5.92 $ 6.81
Commercial III
Base Charge (per account) $ !7.5~ $ 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 aeeount) $ 7.35 $ 11.25 $ $.~,7 $ 12.94
Commodity Charge (per HCF)
0 - 5 HCF/Month No charge No charge
Over 5 HCF/Month $ 3.68 $ 4.24
Septaee Disposal
PerOallonofTankCapacity) $ 0.!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) $ ~..59 $ 5.97 N/A
Exception: Duplex
with 2 Meters (per account) $ 9,2.55 $ 2.99 N/A
Multi - Family
Base Charge (per ISU-) $ ~..59 $ 5.97 N/A
Commercial
Base Charge (per ISU) $ '~.59 $ 5.97 N/A
Public School Districts (per account) $ ~,.59 $ 5.97 N/A
Low-lnenme Senior and Low-Lncome Disabled Citizen
Base Charge (per account) $ 2.gl $ 3.65 N/A
Multi - Family & Commercial Rate Adjustxnent
Water Quality (per ISU) $ ~v.~r'~ ~ ,.,~ $ (0.66) N/A
Water Quantity (per ISIY) $ ~..~ .... ~ $ (1.99) N/A
Stormwater Penalty
New Multi - Family & Commercial
development without un-site detention
Charge (per ISU) $ 1.02 $ 1.33 N/A
IMPROPER STORMWATER INFLOW RATES
The following rotes are established for Improper Stormwater Inflow, based upon the stormwater ISU
for each lot end 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% Stormwater Fee for Property
May 1, 2005 100% Stormwater Fee for Property
After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100¥o ofthe Stormwater Fee for a property
unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451 ).
5of8
Within Outside
City Limits 2004 City Limits 2004
MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $ ~0.~2 $ 30.00 $ 20.~ $ 30.00
non-refundable)
Office Services
New Account (includes water mm-on) $ 20.00 $ 20.00
Account Maintanance $ 5.11 $ 5.00 $ 5.11 $ 5.00
Past Due Notice $ 2.55 $ 2.50 $ 2.55 $ 2.50
Lien Reoovery Charge $ 192.!9 $ I00.00 $ !92.!9 $ 100.00
Duplicate Bill Charge $ 1.02 $ 1.00 $ 1.02 $ 1.00
Close Account/Meter Read/Water Service Turn-
off $ 25.99 $ 20.00 $ 25.99 $ 20.00
Field Services
Pavement Restoration Charge
refundable, ifassessed and not required)
Asphalt Patch $ 694.00 $ 1,041.00
Concrete Patch $ 894.00 $ 1,341.00
Asphalt Trench. $ ,gI~.$9 $ 817.00 $ 1,225.20 $ 1,225.50
ConcreteTreneh $ 2,?.~°.20 $ 2,348.00 $ ~,522.45 $ 3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller- Ina!.;xcl excavation & backfill $ !,995.92 $ 2~852.00 $ 2,992.55 $ 4,278.00
8" and mailer- servic~ to property line $ 3,5~5.77 $ 5,746.00 $ 5,379.55 $ 8,619.00
tx; .~n $ ~.99.9~° $ 735.',2
Greater than 8"x 8'__.2' Actual Time & Materials 150% of Actual Time & Materials
Does Not Include Pavement Restoration Charge
FimHydrantlnstaIlation-'t $ ~.,9~°7.95 $ 5,131.!!
Actual Time & Materials 150% of Actual Time & Materials
Water Meter Reinstallation
3/4" & 1" $ 59.2~. $ 68.00 $ ~9.24 $ 68.00
1-1/2" & 2" $ ?..95 $ 108.00 $ ?,95 $ 108.00
3" and greater Time & Materials Time & Materials
Water Meter Reactivation $ a. 2.EE $ 48.00 $ ~,2.~° $ 48.00
Water Meter Tampering
Tampering Removal $ !?..77 $ 173.00 $ !?..77 $ 173.00
Tempering Reinstallation Time & Materials Time & Materials
Cross-Connection Control
Inspection $ ~.2.gg $ 45.00 $ ~.2.~g $ 45.00
FireService-Deteetor, Meter&MXU $ 2!5.5! $ 397.75 $ 3!~.51 $ 397.75
Storz Adapter $ 23 !.77 $ 236.00 $ 22 !.77 $ 236.00
6of8
Within Outside
City Limits 2004 City Limits 2004
MISCELLANEOUS (annt'd)
Water Service Tum-of0Tum-on
Customer Request)
Regular Hours $ 20.00 $ 20.00
After Hours $ !97.21 $ 150.00 $ !97.2! $ 150.00
DelinquencyNotice $ !9.72 $ 10.00 $ 19.72 $ 10.00
Water Service Tum-offJTum-on
Delinquent Accounts)
Regular Hours $ ~.2.~°~° $ 45.00 $ ~.2.°-.g $ 45.00
After Hours $ !97.21 $ 150.00 $ 197.21 $ 150.00
Flow and Pressure Test (Uncertified)·
3/4" & 1" meters only $ ~.2.~°8 $ 48.00 $ ~.2.~°g $ 48.00
1-1/2" & 2" meters only $ 85.75 $ 87.00 $ ~5.75 $ 87.00
Larger than 2" Time & Materials Time & Materials
Utility Plant Locates
Regular Hours N/C N/C
A~er Hours $ !97.21 $ 150.00 $ !97.2! $ 150.00
Emergency N/C N/C
Meter Test Fee (based on meter size)
3/4"& 1" $ 9q.95 $ 108.00 $ ?.95 $ 108.00
1-1/2"& 2" $ !5.~.!5 $ 148.00 $ 152.!5 $ 148.00
3" or greater Time & Materials Time & Materials
Engineering Services*
Plan Check Fees
Main Extensions: perfoot $ 0.22 $ 0.25 $ 9.?. $ 0.38
BUT nnt leas than $ 27.?.! $ 214.00 $ 32!.52 $ 321.00
Includes hydrants and appurtenances
and connection to water system)
Pump Stations $ 525.93 $ 536.00 $ g9",.9", $ 804.00
FirelineExtension $ ~5.75 $ 86.00 $ 12g.55 $ 129.00
Irrigation Systems $ E5.75 $ 86.00 $ !2g.55 $ 129.00
System Connections $ ~5.75 $ 86.00 $ !2~.55 $ 129.00
Miscellaneous (per hour) $ ~.2.E$ $ 45.00 $ 5"..22 $ 67.50
Fees include original review and one resubmit~al review.
Additional reviews will be charged at miscellaneous hourly rate (above).
7of8
Within Outside
City Limits 2004 City Limits 2004
MISCELLANEOUS (cont'd)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans
Residential Development $ 231.23 $ 332.00 N/A
Non-Residential Development $ 229.73 $ 230.00 N/A
Plusper ISU $ I0.21 $ 10.00
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $ 35.7~[ $ 36.00 N/A
21-50 Lots $ 25.53 $ 26.00 N/A
51 - 100 Lots $ 22.97 $ 23,00 N/A
100~ Lots $ 20.~,2 $ 20.00 N/A
Minimum Charge $ 255.25 $ 255.00 N/A
Non-Residential Development
per ISU $ 2ed. 2 $ 20.00 N/A
Minimum Charge $ 3e~.3e $ 306.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Reanbmittal $ 255.25 $ 255.00 N/A
Storm Drainage Inspection Fees **
Residential Development (per lot) $ !5.22 $ 15.00 N/A
Non-Residential Development (per ISU) $ ! 5,32 $ 15.00 N/A
Minimum Charge $ 152.!5 $ 153.00 N/A
Conveyance Facility Extensions (per foot) $ 0.77 $ 0.80 N/A
Minimum Charge $ 3~.30 $ 306.00 N/A
Unscheduled Inspections* (per site visit) $ ~.2.~ $ 45.00 N/A
Unscheduled inspections shall be tracked through the course ofa project and billed atter the final site
inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.)
ocs not apply to single family residence or duplex construction on an extsting estab ished lot.
Utility/Lien Search Fee (Manual)* $ 30.00 $ 30.00
Search per parcel
8ot8
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Found: 10 Record(s) MAINTAIN Contract Transactions
Contract Number 3875
Vendor Name NAVY, DEPT OF
Subject WATER/SEWER SVC - NAV.~L HOSPITAL
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-2289
REVIEW DATE FOR TRACKING PURPOSES ONLY
AMENDMENT OF SOLICITATION/t', ,31FICATION OF CONTRACT I ,3NTRACT ID CODE PAGE OF PAGES
I I 1
2. AMENDMENT/MODIFICATiON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. I 5. PROJECT NO. (Ifappticabte)P0000I I Feb~ary 1998 I6. ISSUED BY CODE 611.DP 7. ADMINISTERED BY (~fothertha./tern O) CODE
SOUTHWEST DIVISION
NAVAL FACILITIES ENGINEERING COMMAND
CONTRACTS DEPARTMENT
1220 PACIFIC HIGHWAY
SAN DIEGO. CA 92132-51~7
8. NAME AND ADDRESS OF CONTRACTOR (No, ~ ~un~, St~tean~ZlPCede) ] 9A. AMENDMENT OF SOLICITATION
NO.CITY OF
BREMERTON
l 3027 OLYMPUS
DRIVE BREMERTON, WA 983104799 9B. DATED (SEE ITEM
11)10A. MODIFICATION OF CONTRACT/ORDER
NO.N68711-96-C-
2289 CODE FACILITY CODE 10B. DATED (SEE ITEM 13) 22 December
1997 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF
SOLICITATIONS The above 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 receip~ of this amendment prior to the hour and date spsoihed in the solicitation or as amended, by one of the folicwing
methods:cBY'.-C°,~pI~
i .n{LItems 8 and 15, and rpturning ----.c°pies °f the amendr~nt ;.(b) BY ~..lffmwledglng rsoeipt of this amendme one h of theoffercort3DVrmnuarfeneeoneonarnendmum . FAIL RE O
ORtselp~c~ [~1~ yr letter, p~a~:l'~'ach telegram or letter makes reference to the .~o~lcltatlonY~n~lS amendment and ~sr recelw~:~prlor to the openll3g ~lo~ur algol
date 12. ACCOUNTING AND APPROPRIATION DATA (/trequ~)Funds will becit~l when invoices are 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: (Specifyau~o~,) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THECONTRACTORDERNQINITEM
10A.B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such aa chenge~ in payingoffice,XX ~pp,'o~at,~ date, eta ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR43.103(b). Terms of
contract C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY
OF:D. OTHER (Specify type of modification and
authority)E. IMPORTANT: Contractor ~ is not, [] is required to sign this document and return capias to the issuingoff`
me.14. DESCRIPTION OFAMENDMENT/MODIFICATION (Organized by UCF ~tion headings, including $oliciteEor~c~nb'act subject matter whale
feasibte0 This contract modification incorporates the City of Bremerton Ordinance 4618, effective 1 February 1998, implementing new water and sewer rates into thecontract.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 Crype ~'mte0 16A. NAME AND TITLE OF CONTRACTING OFFICER (Typeor,
rte0H.D.
POWELL 15B, CONTRACTOR/OFFEROR ] 15C. DATE SIGNED 16B. UNITEDS~'ATE. S OF AMERICA ]16C. DATE
SIGNED DUPLICATERIGINAL 'O STANDARD FORM 30 (REV. lC~
AWARD/CONTRACT THIS CONTRAOT [S A RATED ORDER I RATING I PAGE OF PAGESIUNDERDPAS (15 CFR 350) · I I 27
2. CONTRACT (Proc. Inst. Ident.) NO. I 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
N68711-96-C-2289 I 1 DECEMBER 1997
5. ISSUED BY CODE 613.DP 6. ADMINISTERED BY (if other than Item 5) CODE
SOUTHWEST DIVISION SAME AS BLOCK 5
NAVAL FACILITIES ENGINEERING COMMAND
WEST COAST SUPPORT TEAM
1220 PACIFIC HIGRVVAY
SAN DIEGO, CA 92132-5187
7. NAMEANDADDRESSOFCONTRACTORfNo.,s~e~¢~n~',st~teendzJPc~Je) 8. DELIVER~ FOB ~[~ OTHER(s~end/o~)
CITY OF BREMERTON
3027 OLYMPUS DRIVE 9. DISCOUNT FOR PROMPT PAYMENT
BREMERTON, WA 981310-4799
10. SUBMIT INVOICES (4¢op~u~otl~cwiee~/~c~)
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
r~.]OMPETITION SEE PAGE 9
lou.s.c. 2304(c)(1 ) [] 41 u.s.c. 253(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
I SEC I DESCRIPTION I "^CSl~ (~') I SEC I DESCRIPTION I P^es(~
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
XX A SOLICITATION/CONTRACTFORM 1 XXI I ICONTRACTCLAUSES 111'15
XX B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART tll - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
XX C DESCRIPTION/BPECS./WORKSTATEMENT 3-4 XX I J ILISTOFATTACHMENTS I 16
XX D PACKAGING AND MARKING 5 PART IV- REPRESENTATIONS AND INSTRUCTIONS
XX E INSPECTION AND ACCEPTANCE 6 XX K REPRESENTATIONS, CERTIFICATIONSANDOTHER 17-24
XX F DELIVERIES AND PERFORMANCE 7 STATEMENTS OFOFFERORS
XX G CONTRACT ADMINISTRATION DATA 8-9 XX L [NSTRS., CONDS.,AND NOTICES TO OFFERORS 25-28
XX H SPECIAL CONTRACT REQUIREMENTS 10 XX M EVALUATION FACTORS FORAWARD 27
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
17. [[¢~)(CONTRACTOR'S NEGOTIATED AGREEMENT fccn~¢~/s req¢~ to 18. [~(AWARD (Conbec~isr~t~quiredE)d/llnthisdocumen[) Your offer o. Solicitation
sign this document end re~urn 2 copies to issuing office.) Conb'act~r agrees to f~rnish a~ld Number N68711-95-R-2289
this contractshall be subject to and governed by the follOWing d~cuments: (a) this award/contract, ~) consummates the con~zact which consists of thefollowing documects: (a) the Government's
19A. NAME AND TITLE OF SIGNER (Type or pdnt) 20A. NAME OF CONTRACTING OFFICER
W. E. Sampley H.D. POWELL
Director, Public ~brks ~ [~tiliti~.
STANDARD FORM 26 (REV. 4-85)
N68711-96-C-2289
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 Naval Hospital (building numbers HPOI and HP14),
Bachelor Enlisted Quarters (BEQs)(building numbers HP03 and HP0$), and Hospital
Administration (all other building numbers), Bremerton, WA.
CLIN 0001 - Price for metered water at the Naval Hospital, Hospital Administration
buildings, and BEQs shall be based on the City's retail rate for thc applicable
meter sizes.
CLIN 0002 - Price for sewage at the Naval Hospital, Hospital Administration buildings, and
BEQs shall be based on the City's retail Commercial I rate.
End of Section B
Rest of page intentionally left blank
2
N68711-96-C-2289
PART I
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 General Reauirements: Thc contractor shall provide all labor, supervision, tools,
equipment, and transportation necessary to provide for services under this contract.
C.2 Premises to be Served:
Naval Hospital, Hospital Admin. Bldg., and BEQs
Boone Road
Bremerton, WA 98312
C.3 Point of Delivery: Water shall be delivered at the meter locations shown in J.2.
C.4 Nature of Service: XX Connection Change Disconnect
C.5 Estimated Service:
WATER:
Estimated annual volume: 31,000 HCF
Estimated Connection Charge: Not-to-exceed price of $27,912.00
SEWER:
Estimated annual volume: 29,000 HCF
Estimated Connection Charge: None
C.6 Service to be Rendered:
WATER: The City shall have water continuously 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.
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 Government by giving written
notice to the City of Bremerton no less than 30 days in advance of the effective date of
termination.
3
N68711-96-C-2289
C.8 Size of Water to Point of Delivery: See attachment J.2.
Size of Sewer to Point of Delivery: 8' diameter.
C.9 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.3 provides a listing of water and sewer account
information.
End of Section C
Rest of page intentionally left blank
4
N68711-96-C-2289
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 Paymem Act. The Navy shall be entitled to any discounts
customarily applicable to payment 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. Thc 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.
G.2 Payment of connection charoe: Payment of the connection charge for meter
installations shall be included in the first monthly utility invoice, and shall be separately
itemized on the invoice.
G.3 Invoicing. 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, the building number(s) being served per meter, 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.4(d)
G.4 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 Corranand (619) 532-3751
Utilities Acquisition, Code 613.$L 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, Bremerton, WA 98310-4799 (360) 478-5200
8
N68711-96-C-2289
d. The monthly billing and paying office address for this contract is:
Naval Hospital Bremerton
K002510299/0399
Attn: Code 074
Boone Road
Bremerton, WA 98312-1898
G.4 Accounting and Appropriation Data: Accounting data will be cited at the time invoices
are certified for payment.
G.5 Superseded 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
Hospital, Hospital Administration, and BEQs, Bremerton, WA, and the City further agrees 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-2289
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 thc Contracting Officer of any
anticipated rate changes (also see FAR Clause $2.241-8 in Section I).
End of Section H
Rest of page intentionally left blank
N68711-95-C-2289
PART II
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)
52.2044 Printing/Copying Doubled-Sided on Recycled Paper (JUN 1996)
52.209-6 Protecting the Government's Interest when Subcontracting 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)
52.215-40 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 Drug-Free Workplace (IAN 1997)
11
N68711-96-C-2289
52.232-1 Payments (APR 1984)
52.232-23 Assignment of Claims (JAN 1986)
52.232-25 Prompt Payment (MAY 1997)
52.233-I 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 tlxis 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 tlxis 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-2289
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 Goverrmaent 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
13
N68711-96-C-2289
upon the length of time of meter malfunction and the quantity of service delivered during such
period of time. An appropriate adjustment shall be made to the next invoice for the purpose of
correcting such errors. However, any meter which registers not more than 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 bas the right to have representation during the inspection and test. (2) At the
written request of the Contracting O~cer, 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 (including any
monthly fixed 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
contract. 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.
14
N68711-96-C-2289
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 Depact~nent 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)
252.241-7001 Government Access (DEC 1991)
End of Section I
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15
N68711-96-C-2289
PART I
SECTION J - LIST OF ATTACHMENTS
J.1 City of Bremerton Ordinance setting rates and charges for municipal water and
wastewatcr (sewage) services.
J.2 Hospital complex map showing water meter installation locations with associated account
number.
J.3 Accounts and metering for Naval Hospital Bremerton.
N68711-96-C-2289
PART III
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR QUOTERS
52.203-2 Certificate of Independent Price Determination (APR 198~
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.
Co) 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 Sample¥, Director of Public Works and
Utilities. (insert full name ofperson(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 m
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-2289
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.
Co) 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 modification 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 X 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-2289
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.
b) 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 Sampler, Director of Public Works and Utilities.
End of Provision)
19
N68711-96-C-2289
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 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 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 ~ is not a women-owned small
business concern.
c) Definitions. 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 status 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 -
20
N68711-96-C-2289
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.
b) 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 Opportunity 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-2289
52.222-22 Previous Contracts and Compliance Reports (APR 1984)
The offeror represents that -
a) It ~ 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;
Co) 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 roles and regulation of
the Secretary of Labor (41 CFR 60-1 and 60-2), or
Co) It __ has not previously had contracts subject to the written affLrmative action
programs requirement of the roles 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) Definition.
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
N68711-96-C-2289
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-2289
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
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N68711-96~C-2289
PART IV
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
QUOTERS
1. Federal Acquisition 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.
52.2034 Contingent Fee Representation and Agreement (APR 1984)
52.215-5 Solicitation Definitions (JUL 1987)
52.21547 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.
Co) 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-2289
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 debrief'rags 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 defined in section 33.101 of the Federal Acquisition Regulation, that are filed
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
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