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HomeMy WebLinkAboutFORT GORDON WATER DISTRIBUTION AND WASTEWATER COLLECTIONS SYSTEMS AWARD/CONTRACT UNDER DP A:S (15 CrR 35U) ~ I I 1 I ';1 2. CONTRACT (Proc. Insl. /dent) NO. 3. EFFECTIVE DATE 14. REQUISmONIPURCHASE REQUESTIPROJECT NO SP0600-07 -c-8159 SEE BLOCK 20C SP0600-07 -0801 5. ISSUED BY CODE I SPU6UU 6. ADMINISTERED BY (If olher than Ilem 6) CODE I Defense Energy Support Center 8725 John J. Kingman Road, Suite 3830 Fort Belvoir, VA 22{)60-6222 Contracting Officer: Martha Gray/DESC-EA Phone: (703)767-9415 Email: Martha.Gray@dlamil 7. NAME AND ADDRESS OF CONTRACTOR (No. streel, county, slale cmd ZIP Code) 8. DELIVERY County of AUl!usta-Richmond o FOB ORIGIN o OTHER (See below) 530 Greene St 9. DISCOUNT FOR PROMPT PAYMENT Augusta, GA 30911-4406 Duns: 073438418 10. SUBMIT INVOICES ITEM (4 copies u~/e~ other- ~ ,.n"" .VWT . IF ACILITY CODE ADDRESS SHOWN IN: G2 11. SHIP TOIMARK FOR CODE I 12. PAYMENT WILL BE MADE BY HOO105 Defense Finance & Accounting Services DF AS Indianapolis Center 8899 E. 56th Street Indianapolis, IN 46249 13. AUTHORITY FOR USING OTHER FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA 0 10 U.S.C. 2304(c)( ) D 41 U.S.c. 253(c)( ) See Section G 15A. ITEM NO. I 15B. SUPPLIES/SERVICES 15C. QUANTITY I 15D. UNIT I 15E. UNIT PRICE 15F. AMOUNT I Water & Wastewater Systems (See Section B) I I 15G. TOTAL AMOUNT OF CONTRACT $ 202,518,190.00 EST 16. TABLE OF CONTENTS (v) SEC. I DESCRIPTION I PAGE(S) (Y) SEC. DESCRIPTION PAGE(S) PARTI-THESCHEDULE PART II - CONTRACT CLAUSES X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 46 X B SUPPLIES OR SERVICES AND PRICE/COST 7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. X C DESCRIPTION/SPECS./WORK STATEMENT 19 X J LIST OF ATIACHMENTS 53 X D PACKAGING AND MARKING 31 PART IV - REPRESENTATIONS AND INSTRUCTIONS ,X E INSPECTION & ACCEPTANCE 32 K REPRESENT ATIONS,CERTIFICATIONS - X F DELIVERIES OR PERFORMANCE 33 AND OTHER STATEMENTS OF OFFERORS - G CONTRACT ADMINISTRATION DATA . L INSTRS., CONDS., AND NOTICES TO OFFERORS - X 34 X H SPECIAL CONTRACT REQUIREMENTS 38 M EVALUATION FACTORS FOR AWARD, - CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17. IZl CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _2_ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.) 18. D AWARD (Contractor is not required to sign this document) Your offer on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award/contract. No further contractual document is necessary. 20A. NAME OF CONTRACTING OFFICER 20C. DATE SIGNED I9C. DATE SIGfED I "{ (z.(, 0; 0<8 S"e-P ~007 26-107 STANDARD FORM 26 (REV. 4-85) PREVIOUS EDITION UNUSABLE NSN 7540-0J-152-8069MB Approval 2700-0042 Computer Generated Prescribed by GSA FAR (48 CFR) 53.214(a) FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT Preamble Augusta Utilities Department's (AUD) proposed under Request for Proposals (RFP) SP0600-01-R-0119 with Amendments 0011-0021. AUD's initial proposal dated 2 Apr 03, proposal revision dated 16 Nov 05, and Final Proposal Revision dated 20 Jun 07 is hereby accepted into this contract award, together with all applicable price schedules, technical attachments, and agreements reached via negotiation messages 1-3. Augusta Utilities Department shall assume ownership, operation and maintenance of the potable water distribution and wastewater collection systems at Fort Gordon, Georgia. Augusta Utilities Department shall furnish all necessary labor, management, supervision, permits, equipment, supplies, materials, transportation, and any other incidental services for the complete ownership, operation, maintenance, repair, upgrades, and improvements to the utility systems. These services shall be provided in accordance with all terms, conditions, and special contract requirements, specifications, attachments, and drawings contained explicitly in this contract or incorporated by reference. The following terms and conditions of this Preamble shall apply regardless of inconsistent language in any other document. 1. The pricing herein is based on Augusta Utilities Department's Volume IV Price Proposal dated 20 Jun 07. . 2. In accordance with Paragraph C.l1.2.5 of this contract, the Government opts to pay for all initial capital upgrades as lump-sum payments upon completion rather than by amortizing the initial capital upgrade costs, without penalty. Schedule L-3, Water and Wastewater, as shown in Section B.6, has . been modified accordingly. 3. This contract is contingent upon mutual agreement on the tetms and condition of an Easement providing access to Fort Gordon. Upon award, the parties agreeto work promptly with the cognizant office of the Army Corps of Engineers to finalize the Easement agreement. Once executed, the Bill of Sale and all applicable Easements shall be incorporated into this contract. 4. The system transfer shall be contingent upon the Government's review and approval of AUD's accounting system. AUD agrees to immediately implement recommendations by DCAA in Audit Report No. 1101-2007E17740001, dated February 1,2007, so that DCAA may conduct a follow-on audit within 120 days of contract award. If, during the follow-on audit process, the Government requires additional information, AUD shall be notified in writing. AUD shall be given 10 days upon receipt of such written notification to provide any additional documentation. Responses to findings of the February 1,2007 audit will be implemented 90 days after AUD receives detailed explanations of the corrections required. 5. Unless specifically stated otherwise, all references made in this contract to "fiscal year" refer to the Government's fiscal year of 01 October - 30 September. 6. Cost Accounting Standards are hereby waived by the Contracting Officer in accordance with the CAS Waiver dated 2 September 2004 as approved by the Cost Accounting Standards Board. 7. The Government recognizes that the Price Redetermination Manual needs to be reviewed and possibly modified to address application of the price redetermination process to this contract beyond the first redetermination period. The parties will develop a mutually-agreed upon methodology for application of the redetermination process, to include clarification of borrowing related costs that 2 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW ATER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT may be allowed as part of an interest rate. Review and possible modification of the Price Redetermination Manual will be accomplished prior to the end of the first redetermination period. 3 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW ATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT Table of Contents P REAM BlE ..........................................................................................................................................................2 SUPPLIES OR SERVICES AND PRICES/COSTS ..........................................................................................7 B.l CLAUSES AND PROVISI ONS ............................................................................................................................. 7 B.2 S ERVI CE CHARGES ................................................................. .......................................................... .............. 7 B.2.1 CLIN 0001 - 0050: Fixed Monthly Charge .............................................................................................. 7 B.2.2 CLIN 0051: Transition............................................................... ................................................................ 7 B.2.3 CLIN 0052 - 0066: Initial Capital Upgrades ............................................................................................ 7 B. 2. 4 Type of Contract ......................................................................................... ................................................. 7 B.3 SCHEDULE ....................................................................................................................................................... 8 B.4 FIxED MON11lL Y CHARGE - SCHEDULE L-l ................................................................................................ 9 B.5 RENEWALS AND REPLACEMENTS PLAN - SCHEDULE L-2 .......................................................................... 11 B.5.1 - Schedule L- 2 - Table 1 - Water ............................................................................................................. 11 B.5.2 - Schedule L-2 - Table 2 - Wastewater .................................................................................................... 12 B.6 ADDITIONS TO THE FIXED MONTHLY CHARGE - SCHEDULE L-3 .............................................................. 16 <B. 6.1 Schedule L-3 W ater .................................................................................................................................. 16 B.6.2 Schedule L-3 W astewater ......................................................................................................................... 17 B.7 PURCHASE PRICE CREDIT AND RECOVERY - SCHEDULE 4 ........................................................................ 17 DESCRIPTIO N/SPECIFICA TI ONS/WO RK STATEMENT ........................................................................19 C.l PRECEDENCE ................................. ............................................................................................................... 19 C.2 SCOPE AND PURPOSE.................................................................................................................................... 19 C.2.1 Gen eral................................................................................. ................... ............... ................................... 19 C. 2. 2 Statutory Directive..................................................................................................................................... 19 C.2.3 Program Goal............................................................................................................................................ 19 C. 2. 4 Utility Service Providers ....... ..................................................................................................................... 19 C.2.5 Utility Systems ........................................................................................................................................... 20 C.2.5.1 Systems ........................................................................................................................................20 C.2. 6 Current Service Arrangement................................................................................................................... 20 C.3 REQUIREMENT .............................................................................................................................................. 20 C.3.1 Utility Service Requirement .............................................. ......................................................................... 20 C.3.2 Peiformance Standards............................................~..........................................,..................................... 20 C.3.3 M etering..................................................................................................................................................... 21 C.3.3.1 Future Meters ...................................................................... .........................................................21 C.3.4 Energy and Water Efficiency and Conservation...................................................................................... 21 C.3. 5 Water Commodity Supply .......................................................................................................................... 21 C.4 SERVICE AREA.............................................................................................................................................. 22 C. 4.1 Temporary Connections ........ .................................................................................................................... 22 C.4.2 Use of Distribution Systems to Serve Areas Outside the Installation Service Area ................................ 22 C. 4. 3 J oint Use ..........................................................................................~............................................... .......... 22 Co4.3.1 Government Use:................ ........................ ........... .............................................................. .........22 Co4.3.2 Cornrnercial Use:............................................................. ........................................... ..................22 C.5 UTILITY SYSTEM OWNERSHIP, EMPLOYEES, AND SECURITy.................................................................... 23 C.5.1 Utility System Ownersh ip .. ............................................... ......................................................................... 23 C.5.1.1 Transfer of Title ....... ........... ................................................... ......... .............................................23 C.5 .1.2 Tools, Vehicles, and Equipment................................................................................................. ..23 C.5.1.3 Placement of Utility System ............................................... ..........................................................23 C.5 .104 Contractor Facilities ..................................... ...... ..................... ........ .............................................23 C.5 .1.5 Record Drawings. ...... ... .............. ......... .................. ............ ......................................................... ..23 C.5.1.6 Disposition of Removed or Salvaged Materials ...........................................................................24 C.5 .1.7 Abandonment... .............. ...................... .............. ............................................... ......................... ..24 C. 5. 2 Employees ..................... ............ ........ ........................ ............................................... .................................. 24 C.5.2.1 Personnel Appearance and Identification .....................................................................................24 C.5.2.2 . Emp loyee Certification ............................................................................................................... .24 C.5.2.3 National Agency Check ...............................................................................................................24 4 5 FORT GORDON, GA WATER DIS1RIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT .~ C.5.2.4 Controlled Access Areas .. ................................ .................. ................ .................. ...................... ..25 C.5.3 Augusta Utilities Department Veh icles ..................................................................................................... 25 C.5.4 Augusta Utilities Department Radios ....................................................................................................... 25 C.6 ACCESS TO TIlE UTILITY SYSTEM ............................................................................................................... 25 C.7 RESPONSE TO SERVICE INTERRUPTIONS AND CONTINGENCIES................................................................. 25 C.8 REPAIR RESPONSE NOTIFICATION PROCEDURES ....................................................................................... 25 C.9 COORD INA TION OF W ORK ........................................................................................................................... 26 C.9.I Routine Work ............................................................................................................................................ 26 C. 9.2 Service Requests ........................................................................................................................................ 26 C. 9. 4 Sch eduled Utility Service I nterruptions .................................................................................................... 26 C. 9. 5 Excavation Permits ....................................................................................................... ............................ 26 C. 9. 6 Underground Utility Location............................................... ............................................. ....................... 26 C.9. 7 Coordination Meetings .............................................................................................................................. 26 C.9.8 Exercises and Crisis Situations Requiring Utility Support...................................................................... 26 C.10 ENvmONMENT AL CO MPLIANCE........................................;....................................................................... 27 C.IO.I Permit Compliance ......................................................................................................... ......................... 27 C.IO.2 Work in Environmentally Sensitive Areas.............................................................................................. 27 C.IO.3 Environmental Impact Assessments .............. .......... .................................................... ........................... 27 C.11 UPGRADES AND RENEWALS AND REPLACEMENTS.................................................................................... 27 C.II.I General................................................................................................................................ .................... 27 C.II.2 Capital Upgrades and Renewals and Replacement................................................................................ 27 C.ll.2.1 Initial Capital Upgrades..............................................................................................................27 C.ll.2.2 Future Capital Upgrades.............................................................................................................28 C.l1.2.3 Renewals and Replacements ......................................................................................................28 C.l1.2.4 Annual Capital Upgrades and Renewals and Replacements Plan ..............................................28 C.ll.2.5 Capital Upgrades ........................................................................................................................28 C.ll.2.6 Renewals and Replacements ......................................................................................................28 C.l1.2.7 Requirements and Standards ......................................................................................................29 C.ll.2.8 Connections and Disconnections................................................................................................29 C.12 OPERATIONS AND MAINTENANCE ............................................................................................................. 29 C.I2.I Quality Management Plan ............................................................................... ....................................... 29 C.13 OPERA TI ONAL TRANSITION PLAN ............................................................................................................. 29 C.13.1 Performance Start Date .................................................................................................................29 C.I3.2 Connection Requirements ....................................................................................................................... 29 C.I3.3 Permits and Procedures ............................................................................................... ........................... 29 C.I3.4 Inventory and Transfer Requirements ................................................................................................... 30 , C.13.4.1 Inventory and Transfer of Facilities and Fixed Equipment........................................................30 C.13.4.2 Inventory and Transfer of Non-fixed Equipment, Spare Parts, and Personal Property ..............30 C.13.4.3 Transfer of Manuals and Records.............................................................................................:.30 C.13 .4.4 Joint Inventory ................................. .......................................................................... ................3 0 C. 13. 5 I nitial Meter Readings .................................................................. ............................... ........................... 30 P A CKA GIN G AND MARKING......................... ........................................................................................... ...31 INSPECTION AND ACCEPT AN CE ................. ..............................................................................................3 2 D ELIVERIES OR PERFO RMAN CE ..............................................................................................................33 F.1 CONTRA cr TERM ......................................................................... .................... ............................................ 33 F.2 COMMENCEMENT OF SERVICE ......................... ............................................................................................ 33 F.3 EXTENSION OF CONTRACT PERFORMANCE PERIOD ................................................................................... 33 F.4 CLAUSES INCORPORATED BY REFERENCE .................................................................................................. 33 CONTRACT ADMINISTRATION DATA ......................................................................................................34 G .1 CONTRACTING OFFICER................................ .................................... ..................................... ................. .... 34 G.2 DF ARS 252.201-7000: CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)...................................34 G.3 SUBMISSION AND PAYMENT OF INVOICES...................................................................................................35 G.4 ACCOUNTING AND ApPROPRIATION DATA ................................................................................................. 35 G.5 FIXED MONTHLY CHARGE ADJUSTMENT .................................................................................................. 37 G.6 A CCO UNTIN G PR oeED URES ............ .......... ..... ............ .... ........ .......... ...... ....................... ....... ...... ................. 37 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT G.6.1 Price Adjustmentfor Noncompliance with Accounting Procedures....................................................... 37 SPECIAL CONTRA CT PROVISIONS ................................................................................................. ..........38 H.1 M OBILIZA TION AND OTHER CONTINGENCIES ............................................................................................ 38 H.2 INSURAN CE REQUIREMENTS........................................................................................................................ 38 H.2.1 Insurance Certificate ................................................................................................................................ 38 H. 2. 2 Types of I nsurance.................................................................................................................................... 38 H.2.2.1 General Liability................................................................................................ ..........................3 8 H.2.2.2 Automobile Liability....................................................................................................................3 8 ' H.2.2.3 Workers' Compensation and Employer's Liability ......................................................................38 H.2. 3 General...................................................................................................................................................... 38 H.2.4. Self-Insurance.......................... ...................................................... .......................................................... 39 H.2.4.1 Submittals .......................................................... ..........................................................................3 9 H.2.4.2 Programs of Self-Insurance........................................................................................................-.3 9 H.2.4.3 Approval ................................................... .::............................................................. ............. ......3 9 H.2 .4.4 Qualifications........ ......... ............................ ..... ... ........................................ ...................... ........... .40 H. 2. 5 Force Majeure Events ............................................................... ............................................................... 40 H.3 CAT ASTROPHI C Loss.................................................................. ....................................... .......................... 40 H. 4 AVAILABILITY OF FUNDS ............................................................................................................................. 41 H.5 N OTlFI CATION .............................................................................................................................................. 41 H.6 FOREIGN OBJECT DAMAGE PREVENTION PROGRAM................................................................................. 41 H.7 HAzARDOUS SUBSTANCES ........................................................................................................................... 41 H.8 ACCOUNTING FOR CAPITAL UPGRADESIPURCHASE PRICE ....................................................................... 41 H. 8.1 Initial Capital Upgrades ........... ......................................................... .................................................. ..... 41 H. 8.2 Future Capital Upgrades ................................................................... ....................................................... 41 H.8.3 Recoverable Portion of the Purchase Price .............................................................................................42 H.9 PRICE RED ETERMINA TI ON .......................................................................................................................... 42 H. 9.1 Price Redetermination After Award ................................................ ......................................................... 42 H.9.2 Escalation of Costs....................................................................................... ............................................. 42 H.10 CAPITAL UPGRADES AS A RESULT OF CHANGE IN REQUIREMENTS ........................................................42 H.11 GOVERNMENT REPURCHASE OPTION ................................... ..... ............................................................... 43 H.13 INTEREST ALLOW ABILITY OF CAPITAL INVESTMENT.............................................................................. 44 H.14 DIFFERING SITE COND ITI ONS............................................... ..................................................................... 44 FAR 52.236-2 -- Differing Site Conditions (Apr 1984)............................................................................44 CONTRACT CLA USES ....................................................................................................................................45 1.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ........................................................ 45 1.2 FAR CLAUSES INCORPORATED BY REFERENCE .......................................................................................... 45 1.3 DF ARS CLAUSES INCORPORATED BY REFERENCE ..................................................................................... 48 1.4 OTHER CLAUSES................. ............................. ..................................... ......................................................... 50 FAR 52.216-5: Price Redetermination - Prospective (Oct 1997)...................................................................... 50 FAR 52.222-42: Statement of Equivalent Rates for Federal Hires (May 1989)............................................... 52 LIST OF A TT A CHMENTS . ......................................................................... ....................................................53 6 7 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLlTIES DEPARTMENT SECTION B Supplies or Services and Prices/Costs B.1 Clauses and Provisions Clauses and provisions from the Federal Acquisition Regulation (FAR) and its supplements are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. B.2 Service Charges The Contract Line Item Numbers (CLINs) shown below, represent the potable water distribution and wastewater collection systems included in this contract for privatization. The total monthly price due to Augusta Utilities Department (AUD) is the sum of the amounts due in each month for the applicable schedule, monthly credit as payment for purchase price, transition cost, initial capital upgrades, and monthly charge for recoverable portion of purchase price. 8.2.1 CUN 0001 - 0050: Fixed Monthly Charge The Fixed Monthly Charge covers the operating and maintaining of the utility systems and continuing renewals and replacements. Invoicing for the fixed monthly charge will commence 30 days after the performance start date. Price changes for CLINs 0001 - 0050 will be determined in accordance with B.2.4, Type of Contract, and G.5 - Fixed Monthly Charge Adjustment. The purchase price of the potable water distribution and wastewater collection systems and the recoverable portion ofthepurchase price for each system is amortized in accordance with Section B.7, Monthly Credit and Recoverable Portion of Purchase Price. 8.2.2 CUN 0051: Transition Transition Period will begin on the day of receipt of notice to proceed and will be in effect for a period of 120 days. The transition cost of$105,390.00 is fixed price will be paid in four equal payments of $26,347.50 commencing 30 days after notice to proceed. 8.2.3 CUN 0052 - 0066: Initial Capital Upgrades Initial capital upgrades will be handled in accordance with sections B.6 Additions to the Fixed Monthly Charge and H.II Capital Upgrades as a Result of Change in Requirements. Each project will be assigned a line of accounting for billing and payment upon completion of each project. Initial capital upgrades will be invoiced according to the schedule as shown in B.6, Additions to the Fixed Monthly Charge in the first full month following when the upgrade is accepted by the Government and put into useful service. 8.2.4 Type of Contract This is a Fixed Price with Prospective Price Redetermination contract. FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT B.3 Schedule Utility Service Payment by the Government CLIN Description of Services Unit Unit Cost Total Qty 0001 Fixed Monthly Charge Year 1 0001AA Year 1 Months 1-5 5 mo $312,327.00 $1,561,635.00 ACRN: AA 0001AB Year 1 Months 6-12 7 mo $312,327.00 $2,186,289.00 ACRN: AB 0002 Fixed Monthly Charge Year 2 0002AA Year 2 Months 1-9 9 mo $312,327.00 $2,810,943.00 ACRN: AB 0002AB Year 2 Months 10-12 3 mo $312,327.00 $936,981.00 ACRN: TBD Note: See Schedules L-J and 4 for breakout of Fixed Monthly Charge to include Purchase Price Credit and Recovery The Contracting Officer reserves CLINs 0003"'0050 for future year Fixed Monthly Charges 0051 Transition - Water & Wastewater Systems 4 mo $26,347.50 $105,390.00 ACRN: AA 0052 Water Meter Installations La $93,000.00 $93,000.00 Water Distribution System ACRN: AC 0053 Water System Condition Assessment La $91,000.00 $91,000.00 Water Distribution System ACRN: AC 0054 Water System Capacity Analysis La $391,000.00 $391,000.00 Water Distribution System ACRN: AC 0055 Water System Master and ECP La $159,000.00 $159,000.00 Water Distribution System ACRN: AC 0056 Demolish Existing Water Treatment Plant La $610,000.00 $610,000.00 Water Distribution System ACRN: AC 0057 Clearwell Rehabilitation La $108,000.00 $108,000.00 Water Distribution System ACRN:AC 0058 Demo Standpipe & Construct New Elevated 2.25 MG Tank La $2,562,000.00 $2,562,000.00 Water Distribution System 8 0059 0060 0061 0062 0063 0064 0065 0066 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT ACRN: AC Insta1l2-500K and 1 300K Tanks Water Distribution System ACRN:AC $3,200,000.00 $3,200,000.00 LO Wastewater System Condition Assessment Wastewater Collection System ACRN: AC $446,000.00 $446,000.00 LO Wastewater System Capacity Analysis Wastewater Collection System ACRN: AC $391,000.00 $391,000.00 LO Wastewater System Master Plan Wastewater Collection System ACRN: AC $133,000.00 $133,000.00 LO Install Monitoring Systems & Emergency Generator Hookups Hookups at all Lift Stations Wastewater Collection System ACRN: AC LO $150,000.00 $150,000.00 Increase Wet Well Holding Capacity for 5 Lift Stations (807,306,2096,1658,1976) Wastewater Collection System ACRN: AC $1,031,000.00 $1,031,000.00 LO Demolish Existing Wastewater Treatment Plant Wastewater Collection System ACRN: AC $768,000.00 $768,000.00 LO New Maintenance Facility & Associated Sitework Water Distribution System ACRN: AC $506,000.00 $506,000.00 LO Note: See Schedule 3 for breakout ofCLINS 0051 - 0066 Schedule L-l - Calculation of Fixed Monthly Charge Schedule L-2 - Renewals and Replacements Plan Schedule L-3 - Additions to the Fixed Monthly Charge Schedule 4 - Monthly Credit as Payment of Purchase Price and Subsequent Charge for Recoverable Portion of Purchase Price 8.4 Fixed Monthly Charge - Schedule L-1 Schedule L-I illustrates the fixed monthly charge for water and wastewater. The Fixed Monthly Charge of $312,327.00 is combined for water and wastewater as shown in Table] for Years 1-2. The subsequent combined fixed monthly charge is as shown in Table 4. Tables 2 and 3 provide the fixed monthly charge per utility for Years 1-2. Tables 5 and 6 provide the fixed monthly charge per utility for Years 3-50. 9 SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW ATER COLLECTION SYSTEMS Table 1- Fixed Monthl Char e for the Water and Wastewater S stems - Years 1-2 Component Monthly Charge Yearly Total Years 1-2 $3,392,424.00 $4,103,424.00 $7,495,848.00 $141,351.00 $170,976.00 $312,327.00 $1,696,212.00 $2,051,712.00 $3,747,924.00 o eration and Maintenance Renewal and Re lacements Table 2 - Fixed Monthl Char e for the Water S stem - Years 1-2 Monthly Charge Yearly Total Years 1-2 $1,596,744.00 $1,894,464.00 $3,491,208.00 Component $798,372.00 $947,232.00 $1,745,604.00 o eration and Maintenance Renewal and Re lacements Total Fixed Monthly Char e $66,531.00 $78,936.00 $145,467.00 Table 3 - Fixed Monthl Char e for the Wastewater S stem - Years 1-2 Component Monthly Charge Yearly Total Years 1-2 $1,795,680.00 $2,208,960.00 $4,004,640.00 $897,840.00 $1,104,480.00 $2,002,320.00 o eration and Maintenance $74,820.00 $92,040.00 $166,860.00. Char e for the Water & Wastewater S stems - Years 3-50 Monthly Charge Yearly Total Years 3-50 $85,795,776.00 $98,482,176.00 $184,277 ,952.00 Table 4 - Fixed Monthl Component $1,787,412.00 $2,051,712.00 $3,839,124.00 $148,951.00 $170,976.00 $319,927.00 Table 5 - Fixed Monthl Char e for the Water S stem - Years 3-50 Monthly Charge Yearly Total Years 3-50 $40,333,824.00 $45,467,136.00 $85,800,960.00 Component $840,288.00 $947,232.00 $1,787,520.00 o eration and Maintenance Renewal and Re lacements Total Fixed Monthl Char e $70,024.00 $78,936.00 $148,960.00 10 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT Table 6 - Fixed Monthl Char e for the Wastewater S stem - Years 3-50 Component Monthly Charge Yearly Total Years 3-50 $45,461,952.00 $53,015,040.00 $98,4 76,992.00 o eration and Maintenance Renewal and Re lacements Total Fixed Monthl Charge $947,124.00 $1,104,480.00 $2,051,604.00 $78,927.00 $92,040.00 $170,967.00 8.5 Renewals and Replacements Plan - Schedule L-2 Schedule 2 - Renewals and Replacement Plan as shown in Table 1 - Water and Table 2 - Wastewater are hereby incorporated into the contract as shown. 8.5.1 - Schedule L. 2 . Table 1 . Water SCHEDULE L-2 RENEWALS AND REPLACEMENTS SCHEDULE - Water System * 50 year schedule (Costs shown in 2008-2009 Price Levels) h *Unless ot erwlse noted, pi e Quantitv is aiven in linear feet. RCN(R&R Residual Year Proiect Costl DescriDtion of Renewal or ReDlacement Useful Life Present Value Value 1 $151,119 Replace 80 Post Indicator Valves (era .1940s) 50 $148,902 $3,022 1 $1,121,043 Replace 1027 BFPs (various eras) 50 $1,104,596 $22,421 1 $530,092 Rehab 0.5 MG Elevated Tank 50 $522,315 $10,602 11 $330,387 Replace 8,353 If of CI Pipe with PVC pipe (1940s era) 75 $242,232 $158,586 Replace 239,472 If of CI pipe with CLDI pipe (1940s 11 $20,593,632 era) 75 $15,098,788 $9,884,943 Replace 14,007 If of Galvanized Steel pipe with Copper 11 $960,400 pipe (1940s era) 75 $704,144 $460,992 11 $42,644 Replace 6161f of Copper pipe (1940s era) 75 $31,266 $20,469 11 $112,912 Replace 2,888 If of Unknown pipe with PVC pipe 75 $82,785 $54,198 11 $491,632 Replace 6,700 If of Unknown pipe with CLDI pipe 75 $360,454 $235,983 11 $9,022,500 Replace 2,250 BuildinQ Services 75 $6,615,094 $4,330,800 11 $1,477,827 Replace 743 Gate Valves 75 $1,083,510 $709,357 11 $1,802,740 Replace 460 Fire Hydrant Assemblies (1940s era) 75 $1,321,728 $865,315 20 $30,192 Replace 2 Secondarv Meters 20 $16,965 $0 21 $67,346 Replace 72 Secondary Meters 20 $36,741 $0 Replace 6,000 If of Galvanized Steel pipe with Copper 25 $504,000 Pipe (era 1956) 75 $244,297 $336,000 25 $78,380 Replace 20 Fire Hydrant Assemblies (era 1956) 75 $37,992 $52,253 34 $4,128 Replace 96 If of Asbestos Cement pipe with PVC pipe 75 $1,534 $3,247 Replace 48,460 If of Asbestos Cement pipe with CLDI 34 $3,677,660 pipe 75 $1,366,232 $2,893,093 Replace 435 If of Galvanized Steel pipe with Copper 36 $18,705 pipe (1967 era) 75 $6,550 $15,213 Replace 3,633 If of Galvanized Steel pipe with Copper 37 $194,163 pipe 11968 era) 75 $66,010 $160,508 Replace 125 If of Galvanized Steel pipe with Copper 38 $7,375 pipe (1969 era) 75 $2,434 $6,195 Replace 126 If of Galvanized Steel pipe with Copper 39 $6,930 pipe (1970 era) 75 $2,221 $5.914 Replace 5,346 If of Cast Iron pipe with Copper pipe 39 $449,064 (1970 era) 75 $143,905 $383,201 11 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT Replace 622 If of Galvanized Steel pipe with Copper 40 $43,796 pipe (1971 era) 75 $13,626 $37,957 40 $30,192 Replace 2 Secondary Meters 20 $9,393 $15,096 41 $67,346 Replace 72 Secondary Meters 20 $20,342 $37,040 Replace 360 If of Galvanized Steel pipe with Copper 41 $16,560 pipe (1972 era) 75 $5,002 $14,573 Replace 1 ,280 If of Cast Iron pipe with Copper pipe 41 $75,520 (1972 era)' 75 $22,812 $66,458 42 $135,600 Replace 3,450 If of PVC (1973 era) 75 $39,766 $121,136 44 $51,855 Replace 1,410 lfof PVC (1975 era) 75 $14,334 $47,707 49 $61,100 Replace 1,300 If of PVC (1980 era) 75 $14,569 $60,285 50 $14,390 Replace 5,000 Gallon Tank 100 $3,331 $14,390 8.5.2 - Schedule L-2 - Table 2 - Wastewater SCHEDULE L-2 RENEWALS AND REPLACEMENTS SCHEDULE - Wastewater System * 50 year schedule (Costs shown in 2008-2009 Price Levels) *Unless otherwise noted, tipe Quantitv is aiven in linear feet. Year RCN(R&R Description of Renewal or Replacement Useful Life Present Value Residual Proiect Cost) Value 1 $73,336 Lift Station 34600 Pumps and Motors 25 $72,260 $- 1 $55,170 Lift Station 18006 Pumps and Motors 25 $54,361 $- 1 $44,406 Lift Station 15006 Pumps and Motors 25 $43,755 $- 1 $0 Lift Station 2228 Pump and Motor 25 $- $- 1 $32,296 Lift Station 36710 Pumps and Motors 25 $31,822 $- 1 $26,912 Lift Station 36708 Pumps and Motors 25 $26,517 $- 1 $48,442 Lift Station 256 Pumps and Motors 25 $47,731 $- 1 $31,117 Lift Station 15006 Structure 50 $30,660 $622 1 $38,660 Lift Station 18006 Structure 50 $38,093 $773 1 $59,483 Lift Station 34600 Structure 50 $58,610 $1,190 1 $38,350 Lift Station 746 Pumps and Motors 25 $37,787 $- 1 $0 Lift Station 2228 Structure 50 $- $- 1 $33,640 Lift Station SPS01 Pumps and Motors 25 $33,146 $- 1 $23,548 Lift Station SPS02 Pumps and Motors 25 $23,203 $- 1 $32,296 Lift Station SPS03 Pumps and Motors 25 $31,822 $- 1 $295,234.09 Lift Station 56 Pumps and Motors 25 $290,903 $- 1 $32,296 Lift Station 20806 Pumps and Motors 25 $31,822 $- 1 $26,912 Lift Station 36706 Pumps and Motors 25 $26,517 $- 1 $107,013 Lift Station 47006 Pumps and Motors 25 $105,443 $- 1 $20,858 Lift Station 36700 Pumps and Motors 25 $20,552 $- 1 $20,858 Lift Station SPS04 Pumps and Motors 25 $20,552 $- 1 $13,456 Lift Station 49306 Pumps and Motors 25 $13,259 $- 1 $34,312 Lift Station 2096 Pumps and Motors 25 $33,809 $- 1 $102,940 Lift Station 306 Pumps and Motors 25 $101,430 $- 1 $41,159 Lift Station 47006 Diesel Backup Engine 30 $40,555 $- 1 $12,784 Lift Station 60 Pumps and Motors 25 $12,596 $- 1 $18,840 Lift Station 540 Pumps and Motors 25 $18,564 $- 12 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 1 $22,630 Lift Station 36710 Structure 50 $22,298 $453 1 418,859 Lift Station 36708 Structure 50 $18,582 $377 1 $562,911.69 Install chemical resistant liners in 2 manholes, 1,800 ft 50 $554,653 $11,258 of 18" pipe, and 1,000 ft of 21" pipe downstream of Eisenhower Army Medical Center 1 $682,461.63 Replace control panels for 11 lift stations 25 $672,449 $- 2 $23,548 Lift Station 50 Pumps and Motors 25 $22,527 $- 2 $33,946 Lift Station 256 Structure 50 $32,474 $1,358 3 $12,784 Lift Station 420 Pumps and Motors 25 $11,873 $- 11 $47,816 Replace 1,112 If Unknown force main piping with PVC 75 $35,058 $22,952 (1940s era) 11 $1,168,048 Replace 16,328 If Cast Iron force main piping with 75 $856,387 $560,663 CLDI (1940s era) 11 $70,560 Replace 1,176 If Reinforced Concrete force main Pipe 75 $51,733 $33,869 with CLDI (1940s era) 11 $3,388,384 Replace 29,928 If Unknown gravity piping with Ductile 75 $2,484,287 $1,626,424 Iron Pipe (1940s era) 11 $538,784 Replace 3,296 If Cast iron gravity piping with CLDI 75 $395,024 $258,616 pipe(1940s era) 11 $1,796,040 Replace 17,412 If Concrete gravity piping with PVC 75 $1,316,816 $862,099 pipe (1940s era) 11 $16,244,732 Replace 174,632 If Vitrified Clay gravity pipe with 75 $11,910,272 $7,797,471 PVC pipe (1940s era) 11 $5,413,500 Replace 2,250 Building Services (1940s era) 75 $3,969,057 $2,598,480 11 $6,787,030 Replace 1,294 Manholes (1940s era) 75 $4,976,098 $3,257,774 11 $26,873 Lift Station 746 Structure 50 $19,703 $5,912 12 $23,574 Lift Station SPS01 Structure 50 $16,781 $5,658 12 $16,502 Lift Station SPS02 Structure 50 $11,747 $3,960 12 $22,630 Lift Station SPS03 Structure 50 $16,109 $5,431 13 $34,966 Lift Station 56 Structure 50 $24,165 $9,091 13 $30,723 Lift Station 20806 Structure 50 $21,232 $7,988 13 $21,216 Lift Station 18406 Structure 50 $14,662 $5,516 14 $42,039 Lift Station 1658 Structure 50 $28,207 $11,771 14 $42,039 Lift Station 1976 Structure 50 $28,207 $11,771 16 $22,708 Lift Station 36700 Structure 50 $14,362 $7,267 16 $74,963 Lift Station 47006 Structure 50 $47,410 $23,988 16 $26,952 Lift Station 36706 Structure 50 $17,046 $8,625 16 $30,723 Lift Station 21810 Structure 50 $19,431 $9,831 16 $14,615 Lift Station SPS04 Structure 50 $9,243 $4,677 18 $32,296 Lift Station 21810 Pumps and Motors 25 $19,253 $- 18 $8,074 Lift Station LS002 Pump and Motor 25 $4,813 $- 13 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 19 $48,442 Lift Station 15701 Pumps and Motors 25 $28,037 $- 19 $9,429 Lift Station 49306 Structure 50 $5,457 $3,583 19 $22,630 Lift Station 807 Structure 50 $13,098 $8,599 19 $48,442 Lift Station 1976 Pumps and Motors 25 $28,037 $- 19 $48,442 Lift Station 1658 Pumps and Motors 25 $28,037 $- 19 $30,276 Lift Station 18406 Pumps and Motors 25 $17,523 $- 19 $9,419 Lift Station SPS05 Pump and Motor 25 $5,452 $- 20 $26,912 Lift Station Groundwater Pumps and Motors 25 $15,122 $- 20 $24,045 Lift Station 2096 Structure ,50 $13,511 $9,618 20 $80,228 Lift Station 306 Structure 50 $45,082 $32,091 21 $8,958 Lift Station 60 Structure 50 $4,887 $3,762 21 $32,296 Lift Station 807 Pumps and Motors 25 $17,619 $- 23 $13,205 Lift Station 540 Structure 50 $6,790 $6,074 24 $3,018,976 Replace 19,692 If of Concrete PEL gravity pipe with 75 $1,507,249 $1,972,398 PVC (PEL in 1980) 24 $336,340 Replace 1,340 If of Steel PEL gravity pipe with CLDI 75 $167,921 $219,742 pipe (PEL in 1980) 24 $2,626,832 Replace 24,080 If of Vitrified Clay PEL gravity pipe 75 $1,311,467 $1,716,197 with PVC (PEL in 1980) 25 $120,300 Replace 50 Building Services 75 $58,311 $80,200 25 $319,945 Replace 61 Manholes 75 $155,083 $213,297 26 $73,336 Lift Station 34600 Pumps and Motors 25 $34,512 $2,933 26 $55,170 Lift Station 18006 Pumps and Motors 25 $25,963 $2,207 26 $44,406 Lift Station 15006 Pumps and Motors 25 $20,897 $1,776 26 $0 Lift Station 2228 Pump and Motor 25 $- $- 26 $32,296 Lift Station 36710 Pumps and Motors 25 $15,198 $1,292 26 $26,912 Lift Station 36708 Pumps and Motors 25 $12,665 $1,076 26 $48,442 Lift Station 256 Pumps and Motors 25 $22,797 $1,938 26 $38,350 Lift Station 746 Pumps and Motors 25 $18,047 $1,534 26 $33,640 Lift Station SPS01 Pumps and Motors 25 $15,831 $1,346 26 $23,548 Lift Station SPS02 Pumps and Motors 25 $11,082 $942 26 $32,296 Lift Station SPS03 Pumps and Motors 25 $15,198 $1,292 26 $265,057.31 Lift Station 56 Pumps and Motors 25 $124,736 $10,602 26 $32,296 Lift Station 20806 Pumps and Motors 25 $15,198 $1,292 26 $26,912 Lift Station 36706 Pumps and Motors 25 $12,665 $1,076 26 $107,013 Lift Station 47006 Pumps and Motors 25 $50,360 $4,281 14 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 26 $20,858 Lift Station 36700 Pumps and Motors 25 $9,816 $834 26 $20,858 Lift Station SPS04 Pumps and Motors 25 $9,816 $834 26 $13,456 Lift Station 49306 Pumps and Motors 25 $6,332 $538 26 $34,312 Lift Station 2096 Pumps and Motors 25 $16,147 $1,372 26 $102,940 Lift Station 306 Pumps and Motors 25 $48,443 $4,118 26 $12,784 Lift Station 60 Pumps and Motors 25 $6,016 $511 26 $18,840 Lift Station 540 Pumps and Motors 25 $8,866 $754 26 $135,150.32 Install monitoring sytems & emergency generator 25 $63,602 $5,406 hook-up on all lift stations. 27 $23,548 Lift Station 50 Pumps and Motors 25 $10,759 $1,884 27 $16,502 Lift Station 50 Structure 50 $7,540 $8,911 28 $12,784 Lift Station 420 Pumps and Motors 25 $5,671 $1,534 28 $8,958 Lift Station 420 Structure 50 $3,974 $5,016 31 $41,159 Lift Station 47006 Diesel Backup Engine 30 $16,708 $15,092 34 $935,696 Replace 9,604 If of Asbestos Cement gravity pipe with 75 ' $347,606 $736,081 PVC (1960s era) 34 $759,048 Replace 10,252 If of Asbestos Cement force main 75 $281,983 $597,118 pipe with CLDI pipe (1960s era) 34 $292,424 Replace 3,323 If of Unknown pipe with PVC pipe (era 75 $108,634 $230,040 1965) 37 $390,781 Replace 8,572 If of Asbestos Cement force main 75 $132,854 $323,046 piping with PVC and CLDI piping 37 $485,878 Replace 5,651 If of Terra Cotta gravity pipe with PVC 75 $165,184 $401,659 pipe (era 1968) 38 $63,564 Replace 738 If of Vitrified clay pipe with PVC 75 $20,980 $53,394 40 $39,510 Replace 470 If of Vitrified clay pipe with PVC 75 $12,292 $34,242 41 $135,600 Replace 2,260 If Cast Iron force main pipe with CLDI 75 $40,959 $119,328 41 $150,500 Replace 2,150 If of Terra Cotta gravity pipe with PVC 75 $45,460 $132,440 41 $365,200 Replace 4,150 If of gravity concrete pipe with PVC 75 $110,312 $321,376 42 $34,400 Replace 800 If of PVC force main piping with PVC 75 $10,088 $30,731 42 $163,800 Replace 2,100 If of Vitrified clay pipe with PVC 75 $48,036 $146,328 43 $5,657 Lift Station LS002 Structure 50 $1,611 $4,865 43 $32,296 Lift Station 21810 Pumps and Motors 25 $9,195 $23,253 43 $8,074 Lift Station LS002 Pump and Motor 25 $2,299 $5,813 44 $33,946 Lift Station 15701 Structure 50 $9,384 $29,872 44 $6,601 Lift Station SPS05 Structure 50 $1,825 $5,809 44 $48,442 Lift Station 15701 Pumps and Motors 25 $13,391 $36,816 44 $48,442 Lift Station 1976 Pumps and Motors 25 $13,391 $36,816 44 $48,442 Lift Station 1658 Pumps and Motors 25 $13,391 $36,816 44 $30,276 Lift Station 18406 Pumps and Motors 25 $8,369 $23,010 44 $9,419 Lift Station SPS05 Pump and Motor 25 $2,604 $7,158 45 $18,859 Lift Station Groundwater Structure 50 $5,061 $16,973 45 $26,912 Lift Station Groundwater Pumps and Motors 25 $7,223 $21,530 46 $32,296 Lift Station 807 Pumps and Motors 25 $8,415 $27,129 49 $466,250 Replace Wastewater Treatment Package Plant 50 $111,177 $456,925 15 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT 8.6 Additions to the Fixed Monthly Charge - Schedule L.3 Schedule 3 is hereby incorporated into the contract as shown below. 8.6.1 Schedule L.3 Water Schedule L-3 - Additions to the Fixed Monthly Charge - Water System Expected Month of Number of CLlN Component Name Interest Component Completion - Months to Total Rate Cost ($2007) First Full Month Amortize Project will be Component in Service 1. Initial Capital Upgrades Water Meter Installations - add 72 new radio 0052 read meters 0% $93,000 December-2008 0 $93,000 0053 Water System Condition Assessment 0% $91,000 December-2008 0 $91,000 0054 Water System Capacity Analysis 0% $391,000 December-2008 0 $391,000 0055 Water System Master and ECP 0% $159,000 December-2008 0 $159,000 0056 Demolish Existino WTP 0% $610,000 December-2008 0 $610,000 0057 Clearwell Rehabilitation 0% $108,000 December -2008 0 $108,000 Demo Standpipe and Construct New Elevated 0058 2.25 MG Tank 0% $2,562,000 December -2008 0 $2,562,000 0059 Install 2-500K and 1-300K Tank 0% $3,200,000 December-2008 0 $3,200,000 TOTAL Capital Upgrades $7,214,000 $7,214,000 2. Recoverable Portion of Purchase Price $9,072,569 __ 120 $96,726 0051 3. Transition Cost* $56,308 Mar-08 4 $14,077 *Assume monthly payments for total transition cost. 16 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 8.6.2 Schedule L.3 Wastewater Schedule L-3 - Additions to the Fixed Monthly Charge - Wastewater System Expected Month of Number of CLlN Component Name Interest Rate Component Cost Completion - First Full Months to Total ($2007) Month Project will be Amortize in Service Component 1. Initial Capital Upgrades Wastewater System Condition 0060 Assessment 0% $446,000 December-2008 0 $446,000 0061 Wastewater S stem Ca acit Anal sis 0% $391,000 December-2008 0 $391,000 0062 Wastewater S stem Master Plan 0% $133,000 December-2008 0 $133,000 Install monitoring systems & emergency 0063 enerator hook-u on all lift stations. 0% $150,000 December-2008 0 $150,000 Increase wet well holding capacity for 5 lift 0064 stations 807,306,2096,1658, 1976 0% $1,031,000 December -2008 0 $1,031,000 Install spring loaded check valve at collection line for 67th Motor Pool lift station 0% $ - December-2008 0 $ - 0065 Demolish Existin WWT Plant 0% $768,000 December -2008 0 $768,000 New Maintenance Facility and Associated 0066 Sitework 0% $506,000 December -2008 0 $506,000 TOTAL Capital Up rades $3,425,000 $3,425,000 2. Recoverable Portion of Purchase Price $10,124,311 120 $107,939 0051 3. Transition Cost* $49,082 4 $12,270.50 *Assume monthly payments for total transition cost. B.7 Purchase Price Credit and Recovery - Schedule 4 Schedule 4, describing the monthly credit as payment for purchase price and subsequent charge for recoverable portion of the purchase price is hereby incorporated into the contract as shown. Purchase Price Credit Utility System Water Wastewater Total Purchase Price $9,072,569.00 $10,124,311.00 $19,196,880.00 Number of Months to Amortize 120 120 120 Annual Interest Rate 4.75% 4.75% 4.75% Monthly Interest Rate 0.40% 0.40% 0.40% Monthly Credit ($96,726.00) ($107,939.00) ($204,665.00) Annual Credit for Purchase Price ($1,160,712.00) , ($1.295,268.00) ($2,455,980.00) Total Credit ($11.607,120.00) ($12,952,680.00) ($24,559,800.00) 17 18 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLlTIES DEPARTMENT Purchase Price Recovery Utilitv Svstem Water Wastewater Total Recoverable Portion of Purchase Price $9,072,569.00 $10,124,311.00 $19,196,880.00 Number of Months to Amortize 120 120 120 Annual Interest Rate 4.75% 4.75% 4.75% Monthly Interest Rate 0.40% 0.40% 0.40% Monthlv Credit $96,726.00 $107,939.00 $204,665.00 Annual Credit for Purchase Price Recovery $1,160,712.00 $1,295,268.00 $2,455,980.00 Total Credit for 50 Years $11,607,120.00 $12,952,680.00 $24,559,800.00 END OF SECTION B 19 FORT GORDON, GA WATER DISTRffiUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION C Description/SpecificationslWork Statement C.1 Precedence FAR clause 52.215-8, Order of Precedence - Uniform Contract Format: Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. ( e) The specifications. C.2 Scope and Purpose C.2.1 General The Government is conveying the utility systems identified in this contract. Concurrent with the conveyance of the utility systems the Government is acquiring utility services to replace the s.ervices currently provided by the Government. The conveyance of the utility systems and the acquisition of utility services are both subject to the terms and conditions ofthis request for proposals. Augusta Utilities Department shall furnish all necessary labor, management, supervision, permits, equipment, supplies, materials, transportation, and any other incidental services required for the complete ownership, operation, maintenance, repair, upgrade, and improvement of these utility systems. Augusta Utilities Department will provide these services in accordance with all terms, conditions, and special contract requirements, specifications, attachments, and drawings contained in this solicitation or incorporated by reference. This contract does not include the purchase of commodities. C.2.2 Statutory Directive The conveyance of the utility systems is authorized by and conducted under 10 USC S 2688. The conveyance of the utility systems is not an acquisition and therefore is not subject to the FAR and its supplements. The acquisition of utility services is an acquisition and will be governed by the FAR and its supplements. C.2.3 Program Goal The desired goal of this conveyance is to transfer all right, title, and interest of the United States in and to the water distribution and wastewater collection systems on Fort Gordon Army Installation. The conveyance will be documented by the Easement (Attachment J4). The utility systems being sold include all equipment, fixtures, structures, and other improvements utilized in connection with the utility systems, which will be more specifically described in the Easement. The divestiture will not include the real property upon, under, or around the utility systems. The utility systems being sold are as identified in the Easement and do not include any other property. C.2.4 Utility Service Providers Under this contract, Augusta Utilities Department assumes ownership of Government utility systems identified herein and provides related utility services. This includes, but is not limited to, the obligation to ensure adequate and dependable utility services to all facilities and equipment served. Services provided shall comply with all applicable federal, state, and local laws and regulations, as they may be amended from time to time, including those requirements relating to health, safety and the environment. AUD shall modifY its service practices as necessary to accomplish such compliance. 20 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07~-8259 AUGUSTA UTLITIES DEPARTMENT If a change in the service requirement necessitated by such compliance constitutes reasonable cause for an adjustment to the service charge, the charge will be adjusted in accordance with FAR 52.243.-1 Alt 1, Changes - Fixed Price. C.2.5 Utility Systems The following attachments are included in Section J and are herein referred to as utility-specific attachments. Each utility-specific attachment provides details and requirements specific to the Installation utility system. C.2.5.1 Systems TABLE C.2.5.1 Utility-Specific Attachments J2 J3 Fort Gordon Potable Water Distribution Fort Gordon Wastewater Collection C.2.6 Current Service Arrangement The Installation currently uses government-owned facilities and resources to provide utility services. The utility-specific attachments (Attachments J2-B) describe the current service arrangement for each utility service and define specific requirements. C.3 Requirement C.3.1 Utility Service Requirement Augusta Utilities Department shall provide reliable and dependable utility service to each Government or tenant connection within the service area (see CA, Service Area) 24 hours each and every day. AUD shall be responsible for providing capital investments and all other resources required to own, maintain, and operate its utility systems in a safe and reliable condition and to meet all the requirements listed herein. This contract does not include the purchase of commodities. Augusta Utilities Department shall obtain and maintain current any and all licenses, permits, or certifications necessary to own, maintain, and operate its utility systems. Access to its utility systems will be as specified in paragraph C.6, Access to the Utility System. C.3.2 Performance Standards Unless otherwise provided for in this contract, Augusta Utilities Department shall perform its required services in accordance with industry-standard construction, operations, maintenance, management, environmental, safety and other relevant standards, that apply to similarly situated utility service customers whose service characteristics are comparable to the service characteristics of the Installation. Augusta Utilities Department shall comply with all applicable Federal, state and local laws/regulations and installation specific requirements, as defined in the utility-specific attachments (Section J), in performing its duties under the contracts. Augusta Utilities Department shall identify and incorporate standards and specifications not established by this statement of work in its Operations and Maintenance Plan (Attachment J8). Augusta Utilities Department shall modify its service practices as applicable when applicable Federal, state, or local laws/regulations are changed or new ones are enacted. 21 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07~-8259 AUGUSTA UTLITIES DEPARTMENT C.3.3 Metering Augusta Utilities Department shall be responsible for reading, maintaining, and calibrating all meters on the utility systems, including those additional meters identified in the utility-specific attachments (Attachments J2-13) to be installed by AUD. The Government will identify in Attachment J2-13 any meters on the systems that Augusta Utilities Department will not be required to read, maintain and calibrate. All costs for providing, installing, reading, reporting, and maintaining the meters shall be the responsibility of Augusta Utilities Department. Calibration of meters shall be in accordance with the manufacturer's recommendations and any applicable regulations that govern meter calibration. Readings from each meter will be provided to the Government on a monthly basis. Meter reading reports shall be submitted to the recipient identified in the utility-specific attachments (12-13). C.3.3.1 Future Meters Augusta Utilities Department shall provide, install, read, maintain, and calibrate meters requested by the Government for any purpose throughout the contract period. Installation of and responsibility for future meters (not on the system at the time of conveyance or identified for installation as part ofthe service contract) may constitute reasonable cause for a service charge adjustment. Any service charge adjustment as a result of these actions will be in accordance with FAR 52.243-1 Alt I, Changes - Fixed Price. C.3.4 Energy and Water Efficiency and Conservation Augusta Utilities Department shall strive to provide energy- and water-efficient systems. The Government has an established program for conducting and implementing energy- and water-saving and conservation projects to reduce utility usage and costs. Some of these have resulted in the Government entering into long- term financing arrangements with non-government entities. The utility-specific attachments (12-13) identify any such energy- and water-savings projects that are currently in place for the specific utility system. Augusta Utilities Department agrees to use its best efforts to ensure that their actions will not negatively impact these projects. . Additionally, the Government reserves the right to enter into any future energy- and water-savings projects with the goal of reducing Government costs. Augusta Utilities Department will facilitate the implementation of any such future energy- and water-savings projects. Augusta Utilities Department is encouraged to propose projects to the Government that will increase the overall efficiency of the utility system. Efficiency projects shall be proposed to the Government in accordance with paragraph C.ll, Upgrades and Renewals and Replacements. The Government may consider cost-savings sharing and incentives either through service charge adjustments or lump-sum payments. C.3.5 Water Commodity Supply Water commodity supply is not included in this contract. The Government retains the right to procure or supply water that will be transported on the systems covered by this contract from any lawful source. Augusta Utilities Department mayor may not be the suppliers of the commodity procured by the Government. The Government or Government Commodity Contractor will retain ownership of all commodities transported and distributed through Augusta Utilities Department-owned systems. C.3.6 Wastewater Effluent Disposal Where a wastewater treatment plant is being conveyed, the Contractor shall own all effluent at the point of demarcation as identified in the applicable real estate document. Where no treatment plant is being conveyed, the Government may choose to continue its current source of wastewater treatment (as opposed to collection) unless otherwise negotiated with the Contractor. If the Government chooses to continue with its current source of wastewater treatment, it shaH own the effluent; if it chooses to have the Contractor provide for wastewater treatment (under this contract), the Contractor shall own all effluent at the point of demarcation as identified in the applicable real estate document. 22 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT C.4 Service Area The service area is defined as all areas within the Government installation boundaries and any other facilities and property boundaries under the control of the Installation as defined in the utility-specific attachments (12- 13). Within the service area and upon the Government's request, Augusta Utilities Department shall provide utility service to all existing and new customers and service connections. At any time, the Administrative Contracting Officer (ACO) may designate any location within the service area where utility service under this contract shall commence or be discontinued, subject to the requirements of the Easement (Attachment J4). Any service charge adjustment as a result of these actions will be in accordance with FAR 52.243-1 Alt I, Changes - Fixed Price., C.4.1 Temporary Connections Augusta Utilities Department shall extend temporary service to the Government or other contractors performing construction projects or other work on the Installation when requested by the Administrative Contracting Officer. The ACO will identify the party responsible for reimbursing Augusta Utilities Department for temporary connections or utility usage. The Administrative Contracting Officer shall be provided the following information regarding any temporary service connections: . Name of Augusta Utilities Department/customer · Expected duration of the connection · Description of the connection, including route and type of material C.4.2 Use of Distribution Systems to Serve Areas Outside the Installation Service Area Augusta Utilities Department may use the utility infrastructure on the Installation to serve or benefit areas or customers outside the service areas only with concurrence of the Government. Compensation to the Government will be negotiated. C.4.3 Joint Use C.4.3.1 Government Use: The Government may have property and equipment installed on or attached to poles, conduits, pipes, duct banks, towers, buildings and other portions of the utility systems to be transferred. The Government reserves the right to continue to use the property to be transferred for this purpose, to enter on the transferred property to maintain, repair, operate, upgrade and replace its property and equipment, and to install new property and equipment, all at no cost to itself. C.4.3.2 Commercial Use: Augusta Utilities Department shall enter into joint use agreements with the installation's telephone company, cable television company, and other service providers in accordance with applicable law and regulation. No third party shall be given access to Augusta Utilities Department's facilities to service entities outside the installation without the prior permission of the Government. 23 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT C.5 Utility System Ownership, Employees, and Security C.5.1 Utility System Ownership C.5.1.1 Transfer of Title A general description of the utility systems assets to be transferred is included in the utility-specific attachments (J2-J3). Prior to the transfer of title, such facilities shall continue to be owned by the Government. Transfer of title shall be accomplished by Easement (Attachment J4). The Easement shall provide the complete list of all assets to be sold. The parties shall prepare and execute such additional documents as may be necessary to implement the ownership transfer. C.5.1.2 Tools, Vehicles, and Equipment Unless listed in the final Easement, government-owned tools, vehicles, and equipment used for system operations and maintenance that are not a physical part of the utility system will remain the property of the Government. C.5.1.3 Placement of Utility System Augusta Utilities Department shall comply with requests from the Installation regarding the placement of new or renewal utility systems either overhead or underground. Requests for placement, which differ from normal utility practice, may be compensable under FAR 52.243-1 Alt I, Changes - Fixed Price. C.5.1.4 Contractor Facilities Unless otherwise provided for in this contract, Augusta Utilities Department will be permitted to locate offices, maintenance shops, and materials storage/staging areas on post, on property provided by the Government. Augusta Utilities Department, at its expense, shall acquire, furnish, install, and operate and maintain all these facilities. Augusta Utilities Department shall have title to all facilities it builds and equipment it installs under this contract, except as otherwise specifically provided. Augusta Utilities Department will be responsible for janitorial services, building maintenance, and ground maintenance for these facilities. The Government may, if its capabilities permit, consent to provide certain of these services to Augusta Utilities Department on a reimbursable basis. Utilities (electricity, water, and wastewater) required to operate these facilities and the transferred facilities will be provided to Augusta Utilities Department by the Government at no cost. New construction or remodeling existing facilities shall comply with the Installation's architectural standards and be fully coordinated with the installation prior to beginning construction. C.5.1.5 Record Drawings Augusta Utilities Department shall maintain record drawings for all existing and new facilities installed by Augusta Utilities Department within the service area. Upon reasonable request and with reasonable notice, the Government may use and copy such drawings. Augusta Utilities Department shall provide available drawings to the Government in the form of CAD-CAM disks using the latest release software compatible with Government systems at no cost to the Government. Augusta Utilities Department will also provide information to allow for updates to the installation Geographical Information System (GIS), as appropriate. Augusta Utilities Department shall identify changes to and update the facilities maps to insure delineation of all easements. Augusta Utilities Department shall provide the installation and the District Engineer updates within six (6) months following system transfer and annually thereafter in both hard copy (full size - 1 copy) and electronic media formats as part of the Annual Plan submission. 24 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT C.5.1.6 Disposition of Removed or Salvaged Materials The removal and disposition of facilities and materials that are not used and useful for the purpose of providing utility services shall be the responsibility of Augusta Utilities Department. Augusta Utilities Department shall notify the Administrative Contracting Officer when removing hazardous substances in accordance with paragraph H. 7, Hazardous Substances. C.5.1.7 Abandonment Existing aboveground system equipment shall be removed when replaced or no longer utilized. ADD shall not abandon aboveground equipment in place unless approved by the Contracting Officer. ADD will not be responsible for any portion of the existing system abandoned in place prior to system conveyance. Abandoned plant (i.e. lines and poles) shall be documented in the initial system inventory and noted as remaining under Government control and/or ownership. In order to prevent hazardous conditions, AUD shall be responsible for ensuring that no interconnections exist between abandoned and utilized facilities. As AUD identifies previously abandoned yet connected lines, ADD will properly disconnect the line. The cost for such disconnections will be in accordance with FAR 52.243-1 Alt 1, Changes - Fixed Price. As existing underground equipment is replaced by AUD, the old equipment (piping, valves, etc) will be capped and abandoned in place. Manhole bases will be filled with.flowable material, risers removed, and structures buried. C.5.2 Employees Augusta Utilities Department shall not employ any person for work on this contract if such person is identified to Augusta Utilities Department as a potential threat to the health, safety, security, general well being, or operational mission of the Installation or population. Where reading, understanding and discussing environmental, health and safety warnings are an integral part of a contract employee's duties, that employee shall be able to understand, read, write, and speak the English language. All employees that interface with customers shall be able to speak and understand the English language. C.5.2.1 Personnel Appearance and Identification Augusta Utilities Department's personnel shall present a neat appearance and be readily recognized as Augusta Utilities Department employees. If required by the Installation, Augusta Utilities Department shall ensure each employee obtains from Security Forces an identification card that shall include at a minimum the employee's name, photograph, and Augusta Utilities Department's name. Each Augusta Utilities Department employee shall follow established Installation procedures for displaying their identification card while within the boundaries of the Installation. C.5.2.2 Employee Certification Augusta Utilities Department shall ensure that employees meet all applicable federal, state, and local certification, licensing, and health and safety requirements to perform all assigned tasks and functions as defined in this contract. C.5.2.3 National Agency Check Augusta Utilities Department shall provide sufficient information to obtain complete and favorable National Agency Check (NAC) investigations for its employees for unescorted entrance into restricted areas on base. Normal access to the installation shall be in accordance with paragraph C.6, Access to the Utility System. Augusta Utilities Department shall justify to the Installation Security Forces requests for NAC on Augusta Utilities Department employees requiring unescorted entry into restricted areas. Final approval for unescorted entry into restricted areas rests with the Installation Commander. 25 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT C.5.2.4 Controlled Access Areas Augusta Utilities Department shall apply for personnel security clearances required for performance after the contract is awarded. Personnel requiring access to secured areas or restricted areas under the control of the Installation shall comply with applicable regulations. C.5.3 Augusta Utilities Department Vehicles All Augusta Utilities Department vehicles shall be readily identifiable. Identification shall include displaying Augusta Utilities Department's name in a clear and unobstructed location on the vehicle. C.5.4 Augusta Utilities Department Radios Prior to operating two-way, portable, or land-mobile devices on the installation, Augusta Utilities Department shall obtain approval of the Installation Communication Group by requesting an available clear frequency. Augusta Utilities Department shall follow all installation procedures for operating radios on the installation lAW DFARS 252.235-7003, Frequency Authorization. C.6 Access to the Utility System Access to the Installation and the utility system shall be in accordance with the easement. If the Contractor is denied access to the system, due to circumstances beyond its control or negligence, its obligations and liabilities under this Agreement will be suspended if such a deficient condition would not have occurred but for its inability to gain access to the installation and was not the result of previous deficiencies in performance. C.7 Response to Service Interruptions and Contingencies Augusta Utilities Department shall employ sound utility practices to ensure continuous, dependable, and reliable utility service is provided to the Installation 24 hours each day and to minimize the scope and length of any service disruption. Augusta Utilities Department shall ensure it is able to receive the Installation's Service Requests 24 hours a day, every day. Once a request is received, Augusta Utilities Departmentshall respond in accordance with its Service Interruption/Contingency Plan (Attachment J7). Augusta Utilities Department shall establish and adhere to standards for responding to service requests and service interruptions. The standards shall distinguish between different categories (routine, emergency) of service requests and service interruptions and, identify response times for each category. In the event that installation specific minimum standards and/or response times are established in (Attachments J2-13), Augusta Utilities Department shall meet or exceed said standards. Augusta Utilities Department shall incorporate the Standards and operational plans for meeting the standards in a Service Interruption/Contingency Plan. The Service Interruption/Contingency Plan will be incorporated in the contract at time of award as Attachment J7. In the event the Installation has an Emergency Restoration Plan that prioritizes service restoration, Augusta Utilities Department shall adhere to the priority list established by the plan. C.B Repair Response Notification Procedures Augusta Utilities Department shall provide to the Government clearly defined procedures by which installation personnel can submit service requests to Augusta Utilities Department. The Government will be responsible for disseminating such procedures within the Installation. Augusta Utilities Department shall provide to the Administrative Contracting Officer the name of the local Project Manager or other responsible person and an alternate with after-hours contacts' telephone numbers. 26 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLlTIES DEPARTMENT C.9 Coordination of Work C.9.1 Routine Work Routine work, such as the scheduled repair, replacement, or removal of system components that require service interruption, shall be coordinated with the Contracting Officer's Representative at least 2 weeks prior to commencing work unless mutually agreed to otherwise to ensure minimal impact to the mission and operations. Augusta Utilities Department and Government shall each provide a single point of contact for coordination. C.9.2 Service Requests Augusta Utilities Department shall record all service request calls, documenting the time of the call, time of service response, cause of request, and action taken (including time and date completed). Such records shall be retained for 2 years and may be reviewed by the Administrative Contracting Officer upon reasonable . request and with reasonable notice. If the request affects building operations, Augusta Utilities Department shall coordinate all work with the person responsible for the building or facility. The Government will provide Augusta Utilities Department with a list of Government representatives and the buildings or facilities for which they are responsible. Emergency service requests submitted to Augusta Utilities Department, or emergencies identified by Augusta Utilities Department, shall be reported immediately to the Contracting Officer's Representative. C.9.3 Connections and Disconnections Augusta Utilities Department shall coordinate any connections or disconnections with the Contracting Officer's Representative. C.9.4 Scheduled Utility Service Interruptions The Installation reserves the right to require Augusta Utilities Department to postpone work requiring service interruption if such interruption might adversely affect the Installation's missions and operations. If an interruption is postponed, the parties shall coordinate a mutually acceptable alternate time for the scheduled service interruption. C.9.S Excavation Permits Augusta Utilities Department shall adhere to the Installation's excavation permit process. C.9.6 Underground Utility Location At the request of the Installation, Augusta Utilities Department shall be responsible for locating underground utility system components in support of the Installation's excavation permit process. Requests for line location shall be responded to within three (3) working days of the request and shall be at no additional cost to the Government. C.9.7 Coordination Meetings Augusta Utilities Department shall be available for meetings as required by the Administrative Contracting Officer. C.9.S Exercises and Crisis Situations Requiring Utility Support Augusta Utilities Department shall respond to installation emergency and crisis situations (Le., hostage situations, bomb threats, etc.) and related exercises that require utility support. Augusta Utilities Department shall respond to these events as soon as possible after notification. Augusta Utilities Department shall advise and assist the on-scene commander until the event is terminated. 27 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW ATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT C.10 Environmental Compliance Augusta Utilities Department shall comply with all applicable environmental laws and regulations. Augusta Utilities Department shall review all applicable Installation procedures related to environmental protection including, but not limited to, pollution prevention, and spill responses. Augusta Utilities Department shall either accept the Installation procedures or propose alternative procedures, for Government acceptance, to be evaluated by the Government prior to performing work. If the procedures are found to be acceptable they will be incorporated into the contract. C.10.1 Permit Compliance Once ownership of the utility system is transferred, Augusta Utilities Department shall be the party of record for all environmental permits related to operating the system. Thereafter, Augusta Utilities Department shall be responsible for obtaining any new or revised permits needed to operate and maintain the utility system. The Government shall remain the party of record and retain responsibility for any applicable permits prior to the transfer of ownership, as defined by paragraph C.B, Operational Transition Plan, and for those permits that are not transferable. C.10.2 Work in Environmentally Sensitive Areas Augusta Utilities Department shall comply with the Installation procedures and standards for work in and around environmentally sensitive or contaminated property. Prior to accessing any environmentally sensitive areas Augusta Utilities Department shall coordinate with the Contracting Officer's Representative and cognizant environmental representative for the site. The Government will provide Augusta Utilities Department with updated lists showing environmentally sensitive sites and points of contact. C.10.3 Environmental Impact Assessments Modification of the utility system may require an environmental impact assessment in accordance with environmental impact analysis process applicable to the installation. Augusta Utilities Department shall be responsible for conducting this assessment and providing a copy to the Contracting Officers Representative. C.10.4 Environmental Response Augusta Utilities Department will be responsible for accomplishing at no cost to the Government any environmental response required as a result of Augusta Utilities Department's activities. The Government will retain responsibility for remediation of existing environmental contamination. C.11 Upgrades and Renewals and Replacements C.11.1 General Augusta Utilities Department shall be responsible for accomplishing all required upgrades and renewals and replacements to maintain and operate the utility systems in a safe, reliable condition, and to meet the requirements of this contract. C.11.2 Capital Upgrades and Renewals and Replacement C.11.2.1 Initial Capital Upgrades Initial Capital Upgrades consist of those repair, replacement, and improvement activities of Augusta Utilities Department required to bring the utility system, as purchased, up to legally applicable regulatory standards or the standards typically maintained by Augusta Utilities Department on its utility systems so that subsequent renewals and replacements will permit the long-term safe and reliable operation ofthe utility system. All 28 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT initial capital upgrades shall be listed in the first submittal ofthe Capital Upgrades and Renewals and Replacements Plan. C.11.2.2 Future Capital Upgrades Future Capital Upgrades are investments in the utility system resulting from changes in the requirements, laws or regulations. Capital upgrades may also include the implementation of new technologies. C.11.2.3 Renewals and Replacements Renewals and replacements are investments in the utility system to renew or replace system components that fail or reach the end of their useful life. C.11.2.4 Annual Capital Upgrades and Renewals and Replacements Plan Augusta Utilities Department shall prepare and submit an Annual Capital Upgrades and Renewals and Replacements Plan that identifies capital upgrades and major renewals and replacements Augusta Utilities Department intends to accomplish. The Annual Capital Upgrades and Renewals and Replacement Plan shall contain a proposed upgrade list for each of the next 5 years. The plan shall be structured as follows: . Year 1 shall include detailed upgrade information including site plans, cost estimates, upgrade schedules, an analysis of the impact of construction on installation operations and the environment, and address safety requirements. . Years 2-5 shall include upgrade lists with upgrade descriptions, order-of-magnitude estimates, and proposed site plans. . AUD's Initial Capital Upgrades/Renewals and Replacements plan is provided as Attachment J9 to this contract. The ACO or Contracting Officer's Representative (COR) will advise Augusta Utilities Department of installation development plans with the potential to impact system requirements. The first Annual Capital Upgrades and Renewals and Replacements Plan shall be submitted no later than May 31 of the first full fiscal year following contract award. Thereafter the plan shall be submitted no later than May 31 of each year. The Plan shall be submitted to the ACO and COR. C.11.2.S Capital Upgrades Augusta Utilities Department may propose upgrades in the Annual Capital Upgrade and Renewal and Replacement Plan. The Government reserves the right to determine at its discretion, whether it will pay for any portion of proposed upgrades. Capital Upgrades required to meet legally applicable regulatory requirements that have changed during the contract term will be paid subject to the availability of funds. Approved Capital upgrades and improvements identified in the Capital Upgrades and Renewals and Replacements Plan will be paid, in accordance with Paragraph H.9 Accountingfor Capital Upgrades/Purchase Price when accomplished. The Government reserves the right to pay for any capital upgrade as a lump-sum payment rather than by amortizing the capital upgrade costs. Future capital improvements and/or new connections may result from modifications, alterations, extensions, or increases in capacity to the existing utility system caused by a new military requirement such as new construction, repair, or renovation of facilities. In these cases, Augusta Utilities Department shall perform the necessary work on all necessary additions or modifications up to the established points of demarcation or a similar point as established in the existing contract for new construction. C.11.2.6 Renewals and Replacements Major renewals and replacements identified in the Capital Upgrades and Renewal and Replacement Plan will be paid in accordance with Section B.3 - Schedule. 29 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT C.11.2.7 Requirements and Standards The Capital Upgrades and Renewals and Replacements Plan shall include an assessment of any new or revised standards and clearly address planned system improvements or operational changes needed to comply with such standards. . C.11.2.8 Connections and Disconnections The Capital Upgrades and Renewals and Replacements Plan shall include a list of anticipated new service connections, including a preliminary design and estimated construction costs. The Government will provide a list of new service requirements and anticipated disconnections. C.12 Operations and Maintenance Augusta Utilities Department shall operate and maintain the system so as to provide reliable, cost-effective, and compliant service over the term of the contract. The O&M and Quality Management Plan will be incorporated into this contract at time of award as Attachment J8. The utility systems shall be operated and maintained in accordance with all applicable federal, state, and local laws/regulations and the most current version of any base-specific requirements defined in the utility- specific attachments (Section J). At a minimum, performance standards and/or specifications shall follow best engineering and management practices consistent with the following: 1. Water distribution and wastewater collection system(s): The most recent edition of reference materials published by the American Water Works Association (A WW A), Water Environment Federation (WEF), American Society of Civil Engineers (ASCE), National Fire Protection Association (NFP A), and Factory Mutual Global. 2. Additional standards for operations and maintenance of the utility system Augusta Utilities Department proposes. C.12.1 Quality Management Plan Augusta Utilities Department shall establish, maintain and adhere to a Quality Management Plan to ensure the provision of reliable, cost-effective and compliant service over the term of the contract. C.13 Operational Transition Plan Augusta Utilities Department's Operational Transition Plan describing AUD's plan for the transfer of the utility system from the Government to AUD is hereby incorporated in the contract as Attachment 110. C.13.1 Performance Start Date Augusta Utilities Department shall propose a date on which Augusta Utilities Department will assume full responsibility for the utility systems and for providing utility services. C.13.2 Connection Requirements The Operational Transition Plan shall include a plan and schedule for the construction of new connections, if identified in the utility-specific attachments (Attachments J2-13), or any new connections as proposed by Augusta Utilities Department. The Operational Transition Plan shall include procedures for notification of any related outages. C.13.3 Permits and Procedures The Government will make initial notification to state agencies regarding the termination or transfer of environmental permits and/or other items, if needed. The Operational Transition Plan shall include a plan 30 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT and schedule for the transfer or acquisition of permits as required. It is essential that advanced planning occurs and Augusta Utilities Department initiates the acquisition of permits within I week after contract award. C.13.4Inventory and Transfer Requirements Checklists will be the basis for the transfer of operations to Augusta Utilities Department. C.13.4.1Inventory and Transfer of Facilities and Fixed Equipment The Operational Transition Plan shall include a detailed plan, schedule, and checklist for the joint inventory of all facilities and fixed equipment, to include building structures and installed equipment. C.13.4.2 Inventory and Transfer of Non.fixed Equipment, Spare Parts, and Personal Property The Operational Transition Plan shall include a detailed plan, schedule, and checklist for the joint inventory of personal property transferring from the Government to Augusta Utilities Department. C.13.4.3 Transfer of Manuals and Records The Operational Transition Plan shall include a detailed plan, schedule, and checklist for the joint inventory . of all operating manuals, record drawings, plans and specifications, maintenance records, and other such information available for each utility. C.13.4.4 Joint Inventory The joint inventory will be completed prior to the start of the performance period. The final Easement will be amended to reflect the results of the joint inventory. C.13.5Initial Meter Readings The Operational Transition Plan shall include a description and schedule for joint meter readings for secondary meters in place prior to transition. C.13.6 Authorized Personnel and Points of Contact The Operational Transition Plan shall clearly define all Augusta Utilities Department personnel holding authority to sign for transfer of operations and property. The Operational Transition Plan shall also provide Augusta Utilities Department points of contact (names and phone numbers) for work to be performed under the contract. END OF SECTION C 31 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07~-8259 AUGUST A UTLITIES DEPARTMENT SECTION D Packaging and Marking None END OF SECTION D 32 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION E Inspection and Acceptance The following FAR Clause is incorporated by Reference: FAR 52.246-4: Inspection of Services -- Fixed-Price (Aug 1996) lAW FAR 46.304 END OF SECTION E 33 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION F Deliveries or Performance F.1 Contract Term Augusta Utilities Department agrees to furnish, and the Government agrees to purchase, utility distribution services, in accordance with the terms and conditions of this solicitation, for a period of 50 years commencing with the performance start date. F.2 Commencement of Service The Contractor shall complete all transitions and be prepared to provide utility services on the performance start date. The performance start date is defined as the expiration of the transition period (proposed by the Contractor) and the initiation of monthly utility service. The 50-year period of performance begins at the performance start date. Phase I Phase II Phase III Contract Award Date Transition Period Performance Start Date (Pre-performance) Fixed date in time Government and Contractor agree to terms and conditions of utility service contract. Contractor proposes duration of Transition Period Ends and Performance transition period; Transition period of Utility Services begins. begins upon notice to proceed. . F.3 Extension of Contract Performance Period The contract performance period may be extended on a month-to-month basis for up to 6 months on the same terms and conditions upon the mutual agreement of the parties. F.4 Clauses Incorporated by Reference ;FAR P~~gr:aph;i " '.""'?:., .-:..'.,..'ii";:.'..,..,.;.<.':,...:; ..f;.; "Clausemtle .' ., ..-. . <.~ 52.242-15 Stop Work Order lAW 42.1305 b 1 Government Delay of Work lAW 42.1305(d) Aug 1989 52.242-17 Apr 1984 END OF SECTIONF 34 FORT GORDON, GA I WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION G Contract Administration Data I G.1 Contracting Officer The Contracting Officer is responsible for the issuance of the contract and for all actions leading up to and including award of the contract. I No oral or written statements of any unauthorized person( s) shall modify or otherwise affect the terms, conditions, Scope of Work, or drawings of the contract or contract. All modifications to the contract must be in writing by the Contracting Officer. I All contract administration shall be effected by the Contracting Officer. Communications pertaining to the contractual administration matters will be addressbd by the Contracting Officer listed below: Defense Energy Support Center Attn: Contracting Officer Martha A. Gray 8725 John J. Kingman Rd, Suite 3830 Fort Belvoir, VA 22060-6222 Phone: 703-767-8130 Email: Martha.Gray@dla.mil G.2 DFARS 252.201-7000: Contracting Officer's Representative (Dec 1991 ) Contracting Officer's Representative means an individual designated in accordance with subsection 201.602- 2 of the Department of Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. If the Contracting Officer designates a Contractin1 Officer's Representative (COR), the Contractor will receive a copy ofthe written designation. It will specify the extent ofthe COR's authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other tenrt or condition of the contract. The Contracting Officer's Representative for this contract administration is: Glenn Stubblefield Jr.lChief, Operations & Maintenance DPWL, Bldg 14600 I IMA Garrison: IMSE-GOR-PWO 15th & Barnes Avenue I Fort Gordon, Georgia 30905-5040 Ph (706) 791-6180 I Email: Glenn.Stubblefield@us.army.mil 35 FORT GORDON, GA WATER DISTRffiUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT I G.3 Submission and Payment of Invoices I The Government will pay Augusta Utilities Department for utility service through a Monthly Service Charge. Subject to the provisions set forth in Section B, utility services will be billed according to the CLIN/SubCLIN items in Section B.3 - Schedule 6n a monthly basis. Augusta Utilities Department shall prepare and se~d one electronic invoice to the Installation for payment by the 25th of each month for the previous month's billing period. Invoices shall be sent to the recipient and address identified below: I. Glenn Stubblefield Jr.lChief, Operations & Maintenance DPWL, Bldg 14600 I IMA Garrison: IMSE-GOR-PWO 15th & Barnes Avenue I Fort Gordon, Georgia 30905-5040 Ph (706) 791-6180 Invoices will be paid by: HQ0105 Defense Finance & Accounting Services ATTN: DFAS Indianapolis Center 8899 E. 56th Street Indianapolis, IN 46246 G.4 Accounting and Appropriation Data I ACRN AA is hereby established in the amount of!$1,667,025.00. Funds are provided under the Direct Fund Cite MIPR as provided: I 21720200000022-2010 131079.11000 25FBRAG7P~ MIPR7MDESG7115 G7PVRA 023185 A funding breakdown of ACRN AA is provided oelow: I AA 2172020 0000 022-2010 131079.JI000 25FBRAG7PV MIPR7MDESG7115 G7PVRA 023185 $1,667,025.00 I 0n SubCLIN 0001AA: (i)n CLIN 0051: Funding Breakdown: Funding for this modification Total funding for this modification: Total funds for ACRN AA: Remaining funds: $1,561,635.00 $105,390.00 $1,667,025.00 $1,667,025.00 $0.00 ACRN AB is hereby established in the amount Ofil$5,170,953.00. Funds are provided under the Direct Fund Cite MIPR as provided: 21 7202000000 Bl B1AA 13519700000 2EAABY 233A MIPR7UPDESCMIO AABY2E 012161 A funding breakdown of ACRN AB is provided below: I AB 21 7202000000 Bl BIAA 13519700000 2EAABY 233A MIPR7UPDESCMI0 AABY2E 012161 $5,170,953.00 Funding Breakdown: Funding for this modification On SubCLIN OOOlAB: I $2,186,289.00 36 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07~-8259 AUGUSTA UTLlTIES DEPARTMENT I On SubCLIN 0002AA: $2,810,943.00 ~$4,997,232.00 $5,170,953.00 $173,721.00 Total funding for this modification: Total funds for ACRN AB: Remaining funds: Remaining funds on ACRN AB in the amount of$173,721.00 are hereby retained by the Contracting Officer for use in a subsequent modification. I ACRN AC is hereby established in the amount Ofll$10,639,000.00. Funds are provided under the Direct Fund Cite MIPR as provided: 217202000000 B1 B1AA 13519700000 232A 2EAABY MIPR7UPDESCM17 AABY2E 012161 A funding breakdown of ACRN AC is provided ~elow: I AC 217 2020 0 0000 Bl BlAA 13519700000 232A 2EAABY MIPR7UPDESCM17 AABY2E 012161 $10,639,000.00 Funding Breakdown: Funding for this modification <Dn CLIN 0052: <Dn CLIN 0053: 0n CLIN 0054: 0n CLIN 0055: On CLIN 0056: On CLIN 0057: On CLIN 0058: On CLIN 0059: On CLIN 0060: On CLIN 0061: On CLIN 0062: On CLIN 0063: On CLIN 0064: On CLIN 0065: On CLIN 0066: $93,000.00 $91,000.00 $391,000.00 $159,000.00 $610,000.00 $108,000.00 $2,562,000.00 $3,200,000.00 $446,000.00 $391,000.00 $133,000.00 $150,000.00 $1,031,000.00 $768,000.00 $506,000.00 $10,639,000.00 $10,639,000.00 $0.00 Total funding for this modification: Total funds for ACRN AC: Remaining funds: Payment Instructions for Multiple Accounting Classification Citations Payment for all effort under this contract should t made in the order and amounts shown in the contract line item(s) and subline item(s) in Section B of the cohtract. Exhaust the funds in each ACRN before using funds from the next listed ACRN as specified in each C'LIN and/or SubCLIN. a. This contract will be funded by multiple accounting classification citations. Payment shall be made from ACRNs in alphabetical order (AA, AB, etc.) as stated on the CLIN and/or SubCLIN. DO NOT USE A PRORATED METHOD to pay, disburse and liquidate funds. Do not liquidate any funds from an ACRN unless the preceding ACRNs have been fully liquidated, or if revised payment instructions are provided per paragraph b. below. b. Additional ACRNs will be assigned lhen new accounting classifications are available. When adding new ACRNs or changing existing ACRNs, the above payment instructions shall apply, unless specific revised payment instructions are provided as part of a contract modification. 37 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT G.5 Fixed Monthly Charge Adjustment At the request of either party to this contract, and with reasonable cause, the Fixed Monthly Charge may be re-negotiated in accordance with Section 1.4, FAR 52.216-5: Price Redetermination - Prospective (Oct 1997). This paragraph applies to CLIN/Sub-CLINs 0001 - 0050 only, and does not apply to any other CLIN/Sub-CLIN. However, neither party shall request a change to CLIN/Sub-CLINs 0001 - 0050 to become effective sooner than 2 years from the date of award in accordance with Section 1.4, Other Clauses. For future capital upgrades resulting from changed service requirements, at the request of either party to this contract, and with reasonable cause, the Fixed Monthly Charge may be re-negotiated, at any time, in accordance with Paragraph H.11 - Capital Upgrades as a Result of Change in Requirements. Any changes to charges, terms, or conditions as a result of negotiations shall be made part of this contract by the issuance of a bilateral contract modification. 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. G.6 Accounting Procedures Augusta Utilities Department shall maintain records of all costs and payments associated with the provision of utility services to the Installation using the National Association of Regulatory Utility Commissioner's (NARUC) Uniform System of Accounts (USOA) or an alternative USOA acceptable to the Government. The USOA may be supplemented by Augusta Utilities Department's standard accounting procedures and generally recognized accounting practices and principles, as long as such supplemental procedures and practices are consistent with the NARUC (or an accepted alternative) USOA. The standard utilized must be consistent with the written and established practices for measuring, assigning, and allocating costs. G.6.1 Price Adjustment for Noncompliance with Accounting Procedures The Government shall be entitled to a price adjustment if it finds that the contract price was increased during any price redetermination actions as a result of the use of noncompliant or inconsistent accounting practices established and accepted by the Government on the part of Augusta Utilities Department. The amount of the adjustment shall be the difference between the contract price that was negotiated and the price that would have been negotiated had the business unit used compliant and established accounting practices that are in accordance with NARUC and are consistent with Augusta Utilities Department's written and established practices. In such cases, the Government shall be entitled to a credit or cash recovery (at the Government's option) for the amount of the increased price plus interest. The interest rate shall be computed from the date the payment by the Government until the date of repayment by Augusta Utilities Department. The interest rate shall be the rate specified at 26 U.S.C. 6621(a)(2). END OF SECTION G 35 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07~-8259 AUGUSTA UTLITIES DEPARTMENT SECTION H Special Contract Provisions H.1 Mobilization and Other Contingencies In the event of mobilization or other contingencies Augusta Utilities Department will be expected to promptly take whatever measures are needed to meet any new demands placed upon it, to include extended work hours and expansion of the contract work force. Extra work effort under these circumstances may entitle Augusta Utilities Department to equitable adjustment under the Changes Clause FAR 52.243-1 Alt 1, Changes - Fixed Price. H.2lnsurance Requirements Note: It is recommended that Augusta Utilities Department furnish a copy of the following requirements to its insurance company, in order to assure that an insurance certificate is issued meeting the minimum requirements shown. H.2.1 Insurance Certificate Augusta Utilities Department shall deliver or cause to be delivered upon execution of this contract (and thereafter not less than fifteen (15) days prior to the expiration date of each policy furnished pursuant to this contract) to Government a certificate of insurance evidencing the insurance required by this contract. H.2.2 Types of Insurance During the entire period this contract shall be in effect, Augusta Utilities Department shall carry and maintain and require its contractors performing work on the Premises to carry and maintain: H.2.2.1 General Liability Comprehensive general liability insurance on an "occurrence basis" against claims for "personal injury" including, without limitation, bodily injury, death, or property damage. Such insurance is to afford immediate protection at all times during the term of this contract. The insurance will include limits of liability in amounts approved by the Government, but not less than $1 million in the event of bodily injury or death to anyone or more persons in one accident and, not less than $500,000 for property damage. H.2.2.2 Automobile Liability Comprehensive automobile liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person, and $500,000 per accident for bodily injury, and $20,000 per accident for property damage. H.2.2.3 Workers' Compensation and Employer's Liability If and to the extent required by law, workers' compensation and employer's liability or similar insurance in form and amounts required by law but not less than the amount of$100,000. H.2.3 General All policies of insurance which this contract requires Augusta Utilities Department to carry and maintain, or cause to be carried or maintained, pursuant to this contract shall be effected under valid and enforceable policies, in such forms and amounts as may, from time to time, be required under this contract, issued by insurers of recognized responsibility. All such policies of insurance shall be for the mutual benefit of Government and Augusta Utilities Department. 39 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT Each such policy shall provide that any losses shall be payable notwithstanding any act or failure to act or negligence of Augusta Utilities Department or Government or any other person; provide that no cancellation, reduction in amount, or material change in coverage thereof shall be effective until at least sixty (60) days after receipt by Government of written notice thereof; provide that the insurer shall have no right of subrogation against Government; and be reasonably satisfactory to Government in all other respects. Under no circumstances will Augusta Utilities Department be entitled to assign to any third party rights of action which Augusta Utilities Department may have against the Government. The foregoing notwithstanding, any cancellation of insurance coverage based on nonpayment of the premium shall be effective upon ten (10)" days' written notice to the Government. Augusta Utilities Department understands and agrees that cancellation of any insurance coverage required to be carried and maintained by Augusta Utilities Department under this contract will constitute a failure to comply with the terms of this contract. H.2.4. Self.lnsurance The requirements to maintain insurance under H.2 may be met by the use of self-insurance only under the following conditions and with the express prior written approval of the contracting officer: H.2.4.1 Submittals If the contractor desires to self-insure, the contractor shall submit a written request to self-insure to the contracting officer. The contracting officer may also request, and if requested, the contractor shall submit, the following information regarding he contractor's proposed self-insurance program- (1) A complete description of the program, including any resolution of the board of directors authorizing and adopting coverage, including types of risks, limits of coverage, assignments of safety and loss control, and legal service responsibilities; (2) If available, the corporate insurance manual; (3) The terms regarding insurance coverage for any Government property; ( 4) The contractor's latest financial statements; (5) Loss history and premiums history; (6) The means by which the self-insurance will be funded; (7) Claims administration policy, practices, and procedures; (8) The method of projecting losses; and (9) A disclosure of all captive insurance company and reinsurance agreements, including methods of computing cost. H.2.4.2 Programs of Self.lnsurance Programs of self-insurance covering the contractor's insurable risks, including the deductible portion of purchased insurance, may be approved by the contracting officer when examination of a program indicates that its application is in the Government's interest. Such determination is within the sole discretion of the Government. The Government will not approve a program of self-insurance for workers' compensation in a jurisdiction where workers' compensation does not completely cover the employer's liability to employees, unless the Contractor- (1) Maintains an approved program of self-insurance for any employer's liability not so covered; or (2) Shows that the combined cost to the Government of self-insurance for workers' compensation and commercial insurance for employer's liability will not exceed the cost of covering both kinds of risk by commercial insurance. H.2.4.3 Approval Once the contracting officer has approved a self-insurance program, the contractor must submit any substantive proposed changes to the program to the contracting officer for approval. Any program approval may be withdrawn after contract award if the contracting officer finds that either- 40 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT (I) Any part of a program does not comply with the requirements of this part and/or the criteria at FAR 31.205-19; or (2) Conditions or situations existing at the time of approval that were a basis for original approval of the program have changed to the extent that a program change is necessary. H.2.4.4 Qualifications To qualify for self-insurance, the contractor must demonstrate to the Government an ability to sustain the potential losses involved. In making this determination, the contracting officer shall consider the following factors: (1) The soundness ofthe contractor's financial condition, including available lines of credit. (2) The geographic dispersion of assets, so that the potential of a single loss depleting all the assets is unlikely. (3) The history of previous losses, including frequency of occurrence and the financial impact of each loss. (4) The type and magnitude of risk, such as minor coverage for the deductible portion of purchased insurance or major coverage for hazardous risks. (5) The contractor's compliance with Federal and State laws and regulations. H.2.5 Force Majeure Events AUD shall not be in default because of any failure to perform this contract under its terms if the failure arises from Force Majeure events or other causes beyond the control and without the fault or negligence of the AUD. Force Majeure events shall include, but are not limited to: a. Acts of God or of the public enemy, including terrorist actions or civil unrest; b. Fires; c. Floods; d. Earthquakes; e. Epidemics; f. Quarantine restrictions; g; Unusually severe weather. In the event of a catastrophic or Force Majeure event resulting in damage to the utility systems, AUD will initiate immediate action to restore service in accordance with the current Disaster/Emergency Response Plan. Any repairs or restorations that exceed insurance policy guidelines and constitute a capital improvement will be coordinated with the ACO and executed in accordance with the Capital Upgrade, Renewal and Replacement process on an accelerated schedule, as necessary. Pricing for such work will be in accordance with this contract. Capital required to complete the associated projects will be provided by AUD and will be amortized on a mutually agreed schedule, unless prepaid by the Government. AUD shall not be in default because of any failure to perform this contract under its terms if the failure arises from Acts of the Government in either its sovereign or contractual capacity or other causes beyond the control and without the fault or negligence of AUD. H.3 Catastrophic Loss Augusta Utilities Department shall propose how it plans to protect itselffrom a catastrophic loss (for example, an earthquake) and/or personal injury due to negligence. If Augusta Utilities Department has catastrophic insurance, Augusta Utilities Department shall provide a copy of the coverage to the Administrative Contracting Officer. 4i FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW ATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT H.4 Availability of Funds Unless otherwise authorized by Public Law or Federal Regulation, nothing contained herein shall be construed as binding the Government to expend in anyone fiscal year in furtherance of the matter of the contract or to involve the Government in an obligation for the future expenditure of monies before an appropriation is made (Anti-Deficiency Act, 31 U.S.C. 1341.A.1). H.5 Notification Augusta Utilities Department shall provide 120 day written notice prior to any resale, transfer, or encumbrance of the system or any components thereof. H.6 Foreign Object Damage Prevention Program At Installations that conduct flight operations, all Augusta Utilities Department work in and around any flightline areas must comply with the base's applicable Foreign Object Damage Prevention Program. Prior to starting work in such areas, Augusta Utilities Department shall contact the assigned COR for scheduling of Augusta Utilities Department personnel for required training. H.7 Hazardous Substances Augusta Utilities Department, at its expense, must comply with all applicable laws on occupational safety and health, the handling and storage of hazardous materials, and the proper handling and disposal of hazardous wastes and hazardous substances generated by its activities. Responsibility for the costs of proper handling and disposal of hazardous wastes and hazardous substances is governed by applicable law. H.8 Accounting for Capital Upgrades/Purchase Price H.8.1 Initial Capital Upgrades The price of each initial capital upgrade will be added to the Fixed Monthly Charge,. for the number of months indicated, when the upgrade is put in useful service. The Fixed Monthly Charge is the monthly service charge for the relevant utility system (the utility system of which the upgrade is a part) stated in Section B.3 - Schedule. The price for each initial capital upgrade is fixed and is not subject to renegotiation. The price for each upgrade will be amortized over the term indicated in Schedule B-1. With every monthly invoice that includes a request for payment for a capital upgrade, Augusta Utilities Department shall submit an amortization schedule. The amortization schedule shall specify for each upgrade the additional monthly payment to be included in the Fixed Monthly Charge, the number of the payment (of the total payments required), and the remaining principal. H.8.2 Future Capital Upgrades Future capital upgrades for which the Government agrees to pay in accordance with Paragraph C.11, Upgrades and Renewals and Replacements, will be added to the Fixed Monthly Charge for the number of months agreed upon when the upgrade is put in useful service. With every monthly invoice that includes a request for payment for such an upgrade, Augusta Utilities Department will include an amortization schedule. The amortization schedule shall specify for each upgrade the additional monthly payment included in the Fixed Monthly Charge, the number of the payment (of the total payments required), and the remaining principal. 42 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT H.8.3 Recoverable Portion of the Purchase Price The recoverable portion of the utility system purchase price will be added to the Fixed Monthly Charge or the Monthly Service Charge for the relevant utility system. The recoverable portion of the purchase price will be recovered in accordance with the amount and number of months identified in Section B.3 - Schedule. The Government and AVD acknowledge and agree that the acquisition price for the conveyance of ownership of the water and wastewater utility distribution system ("System"), as provided herein, is based on an equal and off-setting payment/credit methodology. The payment is the Government's receipt of consideration for AVD's purchase of the System. The credit is AVD's recovery of the costs to purchase the System. In the event of any termination of this Contract for any reason, the Government and AVD agree that any and all obligations of the parties wIth respect to the acquisition price of the System. shall be deemed to have been mutually satisfied and discharged, as of the effective date of any such termination, except that any remaining amounts due to the Government, less any credits owed to AVD, shall be credited against the re- purchase price, should the Government exercise its right to re-purchase. H.9 Price Redetermination At the request of either party to this contract, and with reasonable cause, the Fixed Monthly charge (CLINS 0001-0050) may be re-negotiated in accordance with FAR 52.243-1 A1t I, Changes - Fixed Price. Only the operations and maintenance and renewals and replacements portion of the Fixed Monthly Charge are eligible for redetermination. However, in accordance with Clause lA, neither party shall request a change to these service charges to become effective sooner than 2 years from the date of award and every three years thereafter. The actual costs used for purposes of establishing any price redetermination under the contract must exclude all statutory (see 10 V.S.C. 2324 (e)) and contractually unallowable costs. Any reasonable method of estimating such costs, including a statistical sample of contractor costs projected to the total cost universe, is sufficient to meet this requirement. Should any unallowable costs be included in the negotiated price redetermination, the Government shall be entitled to recover the amount of those unallowable costs plus interest from the date ofthe redetermination until the date of repayment in accordance with 26 V.S.C. 6621(a)(2). H.9.1 Price Redetermination After Award Information and instructions for price redetermination may be found in the DESC Price Redetermination manual located at the DESC website at http://www.desc.dla.mil/DCM/DCMPage.asp?pageid=601. AVD will use the most current version of the Price Redetermination manual to propose any change to the Fixed Monthly Charge. H.9.2 Escalation of Costs A mutually agreeable set of cost indexes will serve as the source of escalation indexes for future pricing. H.10 Capital Upgrades as a Result of Change in Requirements If new capital upgrades are required as a result of a change in service requirements, the monthly service charge may be re-negotiated, at any time, in accordance with FAR 52.243-1 Alt 1, Changes - Fixed Price. 43 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07~-8259 AUGUSTA UTLITIES DEPARTMENT H.11 Government Repurchase Option 1. The Government may, at its sole option, repurchase the privatized [utility] System [ s] in the event the contract is terminated for the convenience of the Government or for default. 2. The Government may, at its sole option, repurchase the privatized [utility] System[s] at the end of the contract term. In the event that the contract is not renewed at the end of the 50-year performance period, AUD will be reimbursed for the Unrecovered Investments in the System, as defined in Paragraph 9 below. 3. The Government shall exercise its repurchase option by providing written notice to Augusta Utilities Department. 4. As consideration for the repurchase, the Government shall pay Augusta Utilities Department the amount of Augusta Utilities Department's Unrecovered Investments in the System as defined in Paragraph 9 below. The repurchase shall become effective and the System[s] shall become the property of the Government 120 days after the Government issues notice of its intent to exercise its repurchase option or on such later date as the Government may designate. Following the transfer of the System to the Government, Augusta Utilities Department shall present an invoice for the repurchase price. 5. In the event of a repurchase, the System [ s] shall be transferred to the Government free of all liens and encumbrances. Augusta Utilities Department and the Government shall cooperate in preparing and executing all documents required to accomplish the transfer. All information in all media (electronic, paper and otherwise) including, without limitation, books, manuals, operating procedures, specifications, databases and maps necessary or useful for operating the System shall be transferred to the Government with the System. In addition, copies of all Contractor operations and maintenance records shall be transferred to the Government with the System. 6. To the extent Augusta Utilities Department receives payments for Unrecovered Investments in accordance with this clause; Augusta Utilities Department shall not be entitled to equivalent payments for Unrecovered Investments under any termination, cancellation or similar provision of the Contract. 7. In the event of termination for default, the Government may offset against payments made as consideration for repurchase under this Section any damages, including excess reprocurement costs, it suffers as a consequence of Augusta Utilities Department's default. The Government shall have no obligation to tender the repurchase price until the quantum of such damages is defined. 8. Augusta Utilities Department shall maintain an up to date account of the current System repurchase price throughout the contract term based upon a methodology established by Augusta Utilities Department and approved by the Government prior to contract award. Upon request, Augusta Utilities Department shall make the account available to the Government with appropriate supporting documentation. 9. Definitions A. For purposes ofthis Section, "System" means all fixtures and equipment used or useful for operating the utility system[s]. B. For purposes of this Section, "Unrecovered Investments" means 1. The purchase price for the utility system [ s] defined in Section B of the contract but only to the extent Augusta Utilities Department has paid all or a portion of the purchase price to the Government without offsetting recovery and 44 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLlTIES DEPARTMENT 2. Improvements identified in Augusta Utilities Department's initial Capital Upgrades and Renewal and Replacement Plan and subsequent Plans provided annually throughout the contract term and approved by the Government in accordance with Section C.II - Upgrades and Renewals and Replacements of the contract, but only to the extent such investments have not been recovered by Augusta Utilities Department in the form of payments made under the contract on account of such investments. H .13 Interest Allowability of Capital Investment Pursuant to the DoD Class Deviation signed 13 August 2007, the Contractor will be permitted to recover its interest costs associated only with capital expenditures to acquire, renovate, replace, upgrade, and/or expand utility systems. Interest rates used to calculate allowable interest costs must be limited to 600 basis points above the Contract Disputes Act (CDA) interest rate (41 U.S.C. 611) in effect at the time the contractor makes the capital expenditure. The Contractor shall not receive facilities capital cost of money under FAR 31.205-10. CDA interest rate(s) are determined by the Bureau of the Public Debt and are published at the following website: http://www.publicdebt.treas.gov/ovd/opdprmt2.htm. H.14 Differing Site Conditions FAR 52.236-2 -- Differing Site Conditions (Apr 1984) (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of -- (I) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or (2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. (End of Clause) END OF SECTION H FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION I Contract Clauses 1.1 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) (lAW FAR 52.107(b)) 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 address: http://farsite .hill.af.mil 1.2 FAR Clauses Incorporated by Reference 52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52.203-10 52.203-12 52.204-4 52.207-3 52.209-6 52.215-2 52.215-8 Apr 1984 Covenant against Contingent Fees lAW FAR 3.404 Restrictions on Subcontractor Sales to the Government Apr 1984 Sep 2006 Jul 1995 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity Jan 1997 lAW FAR 3.104-9 a Price or Fee Adjustment for Illegal or Improper Activity Jan 1997 lAW FAR 3.104-9 b Limitation on Payments to Influence Certain Federal Transactions Sep 2005 lAW FAR 3.808 b Printing/Copying Double-Sided on Recycled Paper Aug 2000 lAW FAR 4.304 Right of First Refusal of Employment May 2006 (lAW FAR 7.305[c]) Protecting the Government's Interest when Subcontracting with Contractors Sep 2006 Debarred, Suspended, or Proposed for Debarment (lAW FAR 9.409[b]) Audit and Records - - Negotiations Jun 1999 (lAW FAR 15.209 [b]) Order of Precedence - Uniform Contract Format Oct 1997 (lAW FAR15.209[h]) 45 May 2004 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 52.215-13 52.215-21 52.219-4 52.219-8 52.219-9 52.219-16 52.219-25 52.222-1 52.222-3 52.222-4 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37 52.223-5 52.223-6 52.223-12 52.223-14 Price Reduction for Defective Cost or Pricing Data-Modifications lAW FAR 15.408 c Subcontractor Cost or Pricing Data-Modifications Oct 1997 lAW FAR 15.408 e Requirement for Cost or Pricing Data or Information other than Cost or Pricing Oct 1997 lAW FAR 15.408 m Notice of Price Evaluation for HUBZone Small Business Concerns Jul 2005 lAW FAR 19.1308 b Utilization of Small Business Concerns Small Business Subcontracting Plan - Alt II lAW FAR 19.708 b 1 Liquidated Damages-Subcontracting Plan lAW FAR 19.708 b 2 Small Disadvantaged Business participation Program-Disadvantaged Status and Reporting lAW FAR 19.1204 b Notice to the Government of Labor Disputes lAW FAR 22.101-1 e and 22.103-5 a Contract Work Hours and Safety Standards Act - - Overtime Compensation lAW FAR 22.305 Prohibition of Segregated Facilities lAW FAR 22.810 a 1 Equal Opportunity lAW FAR 22.810 e Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era lAW FAR 22.1308 a 1 and DFARS 222.1308 a 1 Affirmative Action for Workers with Disabilities lAW FAR 22.1408 a Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (lAW FAR 22.1308[b)) Pollution Prevention and Right-to-Know Information (lAW FAR 23.1005) Drug-Free Workplace (lAW FAR 23.505) Refrigeration Equipment And Air Conditioners (lAW FAR 23.804[b)) Toxic Chemical Release Reporting (lAW FAR 23.907[b)) Sep 2006 Jan 1999 Oct 1999 Feb 1997 Jun 2003 Jul2005 Feb 1999 Mar 2007 Sep 2006 Jun 1998 Sep 2006 Aug 2003 May 2001 May 1995 Aug 2003 46 47 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07-:C-8259 AUGUSTA UTLITIES DEPARTMENT 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises Jun 2000 (lAW FAR 26.104[a]) 52.227-1 Use and Authorization Jul1995 (lAW FAR 27.201-2[a]) 52.227-3 Patent Indemnity Apr1984 (lAW FAR 27.203-1 (b), 27.203-2(a) or 27.203-4(a)(2) 52.228-5 Insurance-Work on a Government Installation Jan 1997 (lAW FAR 28.310) 52.229-3 Federal, State; and Local Taxes Apr2003 (lAW FAR 29.401-3) 52.229-5 Taxes - - Contracts Performed in U.S. - - Possessions or Puerto Rico Jun 2003 (lAW FAR 29.401-5) 52.232-1 Payments Apr 1984. (lAW FAR 32.111[a][1]) 52.232-8 Discounts for Prompt Payment Feb 2002 (lAW FAR 32.111 [c][1]) 52.232-11 Extras Apr 1984 (lAW FAR 32.111 [d][2])) 52.232-17 Interest Jun 1996 (lAW FAR 32.617[a] and 32.617[b]) 52.232-18 Availability of Funds Apr1984 (lAW FAR 32.705-1 [a]) 52.232-23 Assignment of Claims Jan 1986 (lAW FAR 32.806[a][1]) 52.232-25 Prompt Payment Oct 2003 (lAW FAR 32.908[c]) 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration Oct 2003 (lAW FAR 32.1110[A][1]) 52.233-1 Disputes - Alt I Jul2002 (lAW FAR 33.215) 52.233-3 Protest after Award Aug 1996 (lAW FAR 33.106[b]) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr1984 (lAW FAR 37.110[b]) 52.237-3 Continuity of Services Jan 1991 (lAW FAR 37.110[c]) FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT ,W.Ci;';;1i/:c",t.t;;i~,;.'i:;~:.:.(.!t;7;';';[;(W<':;~!!::;}'C'it" [r:: AR' Plilragr~'ptiI ',,,.....-' ......, .'.',. ....., ",,". .' .-'^'."-c. 52.242-1 52.242-13 52.243-1 52.244-6 52.249-2 52.249-8 52.252-6 Notice of Intent to Disallow Costs (lAW FAR 42.802) Apr 1984 Bankruptcy (lAW FAR 42.903) Jul1995 Changes - Fixed-Price - Alt I (lAW FAR 43.205[a][1] & [2]) Aug 1987 Apr1984 Subcontracts for Commercial Items (lAW FAR 44.403) Mar 2007 Termination for Convenience of the Govemment (Fixed Price) (lAW FAR 49.502[b][1][i]) May 2004 Default (Fixed Price Supply and Service) (lAW FAR 49.504[a][1]) Apr 1984 Authorized Deviations in Clauses (lAW FAR 52.107[f]) Apr1984 1.3DFARS Clauses Incorporated by Reference The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIA nON)" after the name of the regulation. The following DF AR clauses are incorporated by reference: ::;:!'::[)FARS;~', ~~'Parilgrap '. .y;,:"-"..,..",,'.;.:'.:."'-..';;,'..i.. ,....i.:.:X.-. M"~'~.'..:;'".'~ 252-201-7000 Contracting Officer's Representative (lAW DFARS 201.602.70) Dec 1991 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies lAW DFARS 203.570-5 252.203-7002 Display of DoD Hotline Poster lAW DFARS 203.7002 252.204-7000 Disclosure of Information lAW DFARS 204.404-70 a 252.204-7003 Control of Government Personnel Work Product (lAW DFARS 204.404-70[b]) 252.204-7004 Required Central Contractor Registration lAW DFARS 252.204-7304 252.205-7000 Provision of Information to Cooperative Agreement Holders lAW DFARS 205.470-2) ,252.209-7000 Acquisition from Subcontractors Subject to Onsite Inspection under the Dec 2004 Dec 1991 Dec 1991 Apr1992 Sep 2007 Dec 1991 Nov 1995 48 49 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT Intermediate-Range Nuclear Forces (INF) Treaty (lAW DFARS 209.103-70) 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country lAW DFARS 209.104-70 a 252.209-7003. Compliance with Veterans' Employment Reporting Requirements lAW DFARS 209.104-70 c 252.209-7004 Subcontracting with Firms that Are Owned or Controlled by the Government of a Dec 2006 Terrorist Country lAW DFARS 209.409 Oct 2006 252.215-7000 Pricing Adjustments Dec 1991 lAW DFARS 215.4081 252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Apr 2007 Plan (DoD Contracts) lAW DFARS 219.708 B 1 a 252.222-7006 Combating Trafficking in Persons (lAW DFARS 222.1705) Oct 2006 252.223-7004 Drug-Free Work Force Sep 1988 lAW DFARS 223.570-4 a 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials Apr 1993 lAW DFARS 223.7103 a 252.225-7031 Secondary Arab Boycott of Israel Jun 2005 lAW DFARS 225.770-5 252.231-7000 Supplemental Cost Principals Dec 1991 lAW DFARS 231.100-70 252.235-7003 Frequency Authorization Dec 1991 lAW DFARS 235.071 b 252.236-7005 Airfield Safety Precautions Dec 1991 lAW DFARS 236.570 b 3 252.241-7001 Government Access Dec 1991 lAW DFARS 241.501-70 b Mar 1998 252.242-7000 Post-award Conference lAW DFARS 242.570 252.243-7001 Pricing of Contract Modifications lAW DFARS 243.205-71 252.243-7002 Requests for Equitable Adjustment lAW DFARS 243.205-72 252.247-7023 Transportation of Supplies by Sea lAW DFARS 247.573 b Dec 1991 Dec 1991 Mar 1998 Mar 2002 50 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT 1.4 Other Clauses FAR 52.216-5: Price Redetermination - Prospective (Oct 1997) (a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that -- (I) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and (2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract. (b) Definition. "Costs," as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract. (c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to two years after the initial date of contract performance, and the second and each succeeding period shall extend for 36 months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period. (d) Data submission. (1) Not more than 120 days nor less than 90 days before the end of each redetermination period, except the last, the Contractor shall submit -- (i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and -- (A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree; (B) Sufficient data to support the accuracy and reliability of this estimate; and (C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and (ii) A statement of all costs incurred in performing this contract through the end of the first month before the submission of proposed prices in the format of Table 15-2, FAR 15.408 (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for -- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary). (2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded -- (i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for -- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and (ii) Any other relevant data that the Contracting Officer may reasonably require. (3) If the Contractor fails to submit the data required by subparagraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause. (e) Price redetermination. 51 FORT GORDON, GA WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUST A UTLITIES DEPARTMENT (1) Upon the Contracting Officer's receipt of the data required by paragraph (d) above, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination. (2) The actual costs used for purposes of establishing any price redetermination under the contract must exclude all statutory and contractually unallowable costs. The actual costs must also exclude the types of costs that are not normally permitted to be reimbursed by the applicable regulatory body that oversees the utility rate determinations of the business segment performing the contract. Any reasonable method of estimating such costs, including a statistical sample of contractor costs projected to the total cost universe, is sufficient to meet this requirement. Should any unallowable costs be included in the negotiated price redetermination, the Government shall be entitled to recover the amount of those unallowable costs plus interest from the date of the redetermination until the date of repayment, in accordance with 26 U.S.C. 6621(a)(2). (t) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period. (g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (t) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time, it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments,. refunds, or credits shall be made promptly. (h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established. (1) Within 45 days after the end of the quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing -- (i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established; (ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; (iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and (iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate progress payments). (2) The statement required by subparagraph (h)(l) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (h)(1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor's price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least. 52 FORT GORDON, GA WATER DISTRIBUTION AND W ASTEW A TER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT (3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (h)(1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (h)(1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C.1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds. (4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause. (i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a- percentage-of-cost basis. G) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (t), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause. (k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract. FAR 52.222-42: Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service for employees expected to be employed under the contract. This clause also states the wages and fringe benefits payable to each ifthey were employed by the contracting agency subject to the provisions of 5 USC 5341 or 5 USC 5332. This statement is for information only; it is not a wage determination. EMPLOYEE CLASS MONETARY WAGE - FRINGE BENEFITS See Attachment J5 - Wage Determination END OF SECTION I 53 FORT GORDON, GA . WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS SP0600-07 -C-8259 AUGUSTA UTLITIES DEPARTMENT SECTION J List of Attachments TABLE J.1-1 Installation- and Utility-Specific Attachments to Contract Contract Attachment Base or Installation Document J1 Fort Gordon, GA Reserved J2 Fort Gordon, GA Water Distribution System J3 Fort Gordon, GA Wastewater Collection System J4 Fort Gordon, GA Easement & Bill of Sale J5 Fort Gordon, GA Wage Determination J6 Fort Gordon, GA Subcontracting Plan J7 Fort Gordon, GA Service Interruption & Contingency Plan J8 Fort Gordon, GA Operations & Maintenance and Quality Management Plan J9 Fort Gordon, GA Capital Upgrades and Renewals and Replacements Plan J10 Fort Gordon, GA Operational Transition Plan