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HomeMy WebLinkAboutResolution - 617 - Amendment To Contract - RAFB - Water Rates - 09/25/1980JWF:bs RESOLUTION ."17 — 9/25/80 b� � egg RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Amendment to Contract with Reese Air Force Base and/or the United States Government covering water rates to be furnished to said Reese Air Force Base by the City of Lubbock. A copy of said contract is attached hereto and made a part hereof for all purposes and shall be spread upon the minutes of the City Council of the City of Lubbock. Passed by the City Council this 25th day of September , 1980. BML McALISTER, MAYOR ATTEST. E lyn Gaffga, City 9ec APPR,FV D AS TO CONTENT: Guy Wilgelh,tenior Civil Engineer, Water U lities AS TO FORM: J.''.Woyph Fullingim, Asst. CityAttorney I s s CITY OF LUBBOCK Lubbock, Texas WATER RATE SCHEDULE Contract No: F41620 -78-D0006 Sixty-two cents ($0.62) per one thousand (1000) gallons. The rates presently in effect shall remain for any billing cycle before June 4, 1980, to -wit: $0.4840 per one thousand (1000) gallons. INVOICES Submitted by and payment made to: Municipal Power & Light & Water. P.O. Box 2000 Lubbock, Texas 79457 As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "Head of the. Agency" or "Secretary" means the Secretary, the Under Secretary, any Assistant Secretary, or any other head of the executive or military department or other Federal agency: and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the Head of the Agency or the Secretary. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "sub- contract" includes but is not limited to purchase orders, changes and/or modifications thereto. r f + + + 10. Disputes (1980 Jun)(7-103.12) (a) This contract is subject to the Contract Disputes Act of 1918 (P.L. 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved in accordance with this clause. (c) ) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a matter of right, the payment of money, adjustment or interpretation of contract terms, or other relief, aris- ing under or relating to this contract. However, a written demand by the contractor seeking the payment of money in excess of $50,000 is not a claim until certified in accordance with (d) below. (ii) A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently disputed either as to liability be converted to a claim pursuant to the Act by comply- ing with the submission and certification requirements of this clause. iii A claim by the contractor shall be made in writing and submitted to the contracting officer for decision. A claim by the Government against the contractor shall be subject to a decision by the Contracting Officer. (d) For contractor claims of more than $50,000, the contractor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the contractor's knowledge and belief; and the amount requested accurately reflects the con- tract adjustment for which the contractor believes the Government is liable. The certification shall be executed by the contractor if an individual. When ;the contractor is not an individual, the certification shall be exe- cuted by a senior company official in charge at the contractor's plant or location involved, or by an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. (e) For contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor certified claims in excess of $50,000 the Contracting Officer must decide the claim within 60 days or notify the contractor of the date when the decision will be made. . (f) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in the Act. (9) Interest on the amount found due on the contractor claim shall be paid from the date the Contracting Officer receives the claim, or from the date payment otherwise would be due, if such date is later, until the date of payment. (h) The Contractor shall proceed diligently with performance of this con- tract, pending final resolution of any request for relief, claim, appeal or action arising under the contract, and comply with any decision of the Contracting Officer. 16, EQUAL OPPORTUNITY (1978 SEP) (If, during any twelve (12) month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded Federal contracts and/or subcontracts which have an aggregate value in excess of $10,000, the Contractor shall comply with (1) through (7) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant. for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising: layoff or termination, rates of pay or other forms of compensation; and selection of training, includ- ing apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employ- ment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24,. 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary .of Labor. (5) The Contractor will furnish all information and reports required by Executive Order NO. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; Provided, however; that in the event the Contractor becomes involved in, or is threatened with, litigation with,a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 18a. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (1975 JUN)(7-104.15) (a) This cluase is applicable if the amount of this contract exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising. (b) The Contractor agrees that the Comptroller General of the United States or any Of his duly authorized representatives shall, until the ex- piration of three years after final payment under this contract or such lesser time specified';in either Appendix M of the Armed Services Procurement Regu- lation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized repre- sentatives shall, until the expiration of three years after final payment under the subcontractor such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regula- tions Part 1-2Q, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this cluase excludes (i) purchase orders.not exceeding $10,000 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. (d) The periods of access and examination described in (b) and (c) above for records which relate to (i) appeals under the "Disputes" clause of this contract, (ii) litigation or the settlement of claims arising out of the performance oU this contract, or (iii) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims or exceptions have been disposed of. E. z,Pa0. APPROVED I Y NARS 6-77 STANOr.RD FORM 30, JULY 1966 r� W PAGE OFv GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.1 FED. PROC. REG. (41 CFR) 1-16.101 l i AMENDMENT/MODIFICATION NO. 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. 4. PROJECT NO. (lf applicable) 3 S. ISSUED BY CODE 6. ADMINISTER BY (ifether thanfbioek6) CODE Base Contracts Division Bldg .800, Room 302/LGCV/6 Reese AFB TX !79489 TRACT 1tRaIMM CODE FACILITY CODE NAME AND ADDRESS S. ❑AMENDMENT OF SOLICITATION NO, City of Lubbock DATED ' See block 9) (street city, gl6 Texas Avenue county, state, Codezrp Lubbock TX 79408 MODIFICATION OF ® CON=AQ/OItDERNo.E41620-78-D0006 I L Q(10'410 - IN _j DATED]8 Jan 04 &e block 11) 9. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS ❑ The above numbered solicitation is amended as set forth in block 12. The hour and date specified for receipt of Offers.0 is extended, ❑ is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and dote specified in the solicitation, or as amended, by one of the following methods: (a) By signing and returning copies of this amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided such telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 10. ACCOUNTING AND APPROPRIATION DATA (If required) N/A 11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS ❑ (a) This Change Order is issued pursuant to The Changes set forth in block 12 are made to the above numbered contract/order. (b) ❑ The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data, etc.) set forth in block 12. Supplemental Agreement is entered into pursuant to authority of Daa T T Z Al to •rn6ata H (c) :QP Para Change of Rates . It modifies the above numbered contract as set forth in block 12. 12. DESCRIPTION OF AMENDMENT/MODIFICATION a. In accordance with Alternate B, Change of Rates, the attached Water Rate Schedule is hereby made a part of the contract. b. Under Section II General Provisions, delete paragraphs 8, "Definitions"; 10, "Disputes"; and 16, "Equal Opportunity"; and insert the attached revised paragraphs 8, "Definitions"; 10, "Disputes"; and 16, "Equal Opportunity". c. Add paragraph 18a, "Examination of Records by Comptroller General (1975 JUN).. d. Estimated annual cost is increased from $86,000.00 to $113,780.00, an es ted increase of $27,780.00. AZlon glow e. Change water Service Specifications Item 2e .to read: Estimated daily maxi m demand: K gallons. Estimated annual consumption: 240,000,000 gallons. 2.1oo Item 4. Description of Water Service: The contractor shall have ff= gallons per minute of water continuously available at the point of delivery. Modification written to increase rates and update clauses. Except as provided herein, all terms and conditions of the document referenced in block 8, as heratefore,changed, remain unchanged and in full force and affect. . 13. ❑CONTRACTOR/ OR NOT REQUIRED NTRAC. R/OFFEROR IS REQUIRED TO SIGM THIS OOCWNENT AND RETURN COPIES -TO ISSUING OFFICE A1' , . . TO SIGN THIS U T 7RL� 14. NAME OF C T OFFEROR 17. UNtTfDST AME i By,By { - ..{Sign re 1 person aWAori:ed fo si,n) fSignornre I 15. NAME OF TITLE OF SIGNER (Type or print) 16. DATE SIGNED 18. NAME OF print) 19. DATE SIGNED Mayor, City of Lubbock 9/25/80 LARRY J. „A Contracting Q##icer ,SEP 3 0 198 UTILITY SERVICE CONTRACT Department of the UNITED STATES AIR FORCE Contract Number F41620 -78-D0006 Reese Air Force Base and Reese Village Lubbock Lubbock Texas Premises to be served City County State CITY OF LUBBOCK 916'Texas Avenue, Lubbock, TX 79408 Contractor Contractor's Address Premises are: Government Owned Estimated annual cost $ 86,000.00 Bills will be rendered to: Base Civil Engineer- in2 Division AT Reese AFB, TX 79489 Connection charge: $ None . Payments will be made by: Accounting & Finance Officer AT Reese AFB, TX 79489. Appropriation Chargeable: This Contract is subject to the authorization for funds made available under appropriation by Congress for the purpose. A monthly Miscellaneous Obligation Document OF Form 406) will*be issued by the Accounting & Finance Officer citing the•Accounting & Appropriation Data to be used in making payment for services received. This contract is negotiated pursuant to 10 U.S.C. 2304(x)(10). THIS CONTRACT is entered into as of 1 October 1977 by and between the UNITED STATES OF AMERICA, hereinafter cal led ..the�o_yernmenf. Mmes.ented by the. Contractinq Officer executing this contract, and% CITY OF LUBBOCK whose address is: 916 Texas Avenue, Lubbock, TX 79408, hereinafter called the Contractor. 1 • I.' SCOPE. Subject to the terms and conditions hereinafter set forth, the Contractor shall furnish, and the Government shall pur- chase and receive, water service (hereinafter called service) requested by the Government from the Contractor at the premises to be served hereunder (hereinafter called the service loca-' tion), in accordance with the General and Technical Provisions and the water service specifications attached hereto and made a part hereof. II. TERM. This contract shall continue in effect until termi- nated at the option of the Government by the giving of written notice not less than 30 days in advance of the effective date of termina- tion. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. CITY OF LUBBOCK Nam of Contractor BY Iky S Signature Roy, Hasse Typed Name Title Mayor 7,3 ' d as to ;orct: .Fred o. Sonter, Jr., City Attorna 2 UNITED STATES OF AMERICA BY (Signature of Contracting Officer and Date Larry J. Ha an Typed Name of Contracting Officer TECHNICAL AND GENERAL PROVISIONS FOR UTILITY SERVICE I. TECHNICAL PROVISIONS 1. MEASUREMENT OF SERVICE (a) All service furnished by the Contractor shall be measured by metering equipment of standard manufacture, furnished, installed, maintained, calibrated, and read by the Contractor.at his expense. When more that a sin- gle meter is installed at the service location, the readings thereof shall be billed conjunctively. -In the event that any meter fails to register or registers -incorrectly, the quantity of service delivered through it during' that period shall be made in the Government's bills (for this purpose any meter which registers not more than two (2) percent slow or fast shall be deemed correct. Failure to agree on any adjustment shall tie a dispute concerning a question of fact -within the meaning.of the "Disputes" clause - of this contract. (b) The Contractor shall read all meters at periodic intervals of approximately thirty (30) days.. All billings based on meter readings of less than twenty-seven (27) days.or more than thirty-two (32) days shall be prorated accordingly. 2. METER TEST The Contractor, at his expense, shall periodically inspect and test the meters installed by him, at intervals of no longer than one (1) year. At the written request of the Contracting Officer, the Contractor, in the presence of Government representatives, shall make additional tests of any or all meters. The cost of such additional tests shall be borne by the Govern- ment if the percentage of error is found to be not more than two (2) percent slow or fast. No meter shall be placed in service which on test registers in excess of one hundred (100) percent under normal operating conditions. II. 'GENERAL PROVISIONS 1. -PAYMENT (a) The Contractor shall be paid by the designated disbursing officer for service furnished hereunder at the rates specified; provided, that the Government shall be liable for the minimum monthly charge, if any, specified in this -contract -commencing. -with the billing period in which service is initially furnished and continuing until this contract is terminated, except that the minimum monthly charge shall,be equitably prorated for the billing period in which commencement and termination of this contract shall become effective. (b) Payments hereunder shall be contingent upon the availability of appropriations therefor, and shall not be made.in advance of the service rendered. (c) All bills for service shal•1 be paid without penalty or interest and the Government shall be entitled to any discounts customer - 3 ily applicable to payment of bills by all customers of the Contractor. (d) Invoices for service rendered hereunder shall contain state ments'of the meter readings at the beginning of the billing period, meter constants, consumption during the billing period, and such other pertinent data as shall be required by the Government. (e). The Contractor hereby.declares that rates are not in excess of the lowest rates now available to any existing or prospective customer under like conditions of service, or of the same classification, and agrees that during the life of this contract the Government shall continue to be billed.at the .lowest available rate for�imilar'c.onditions'of service. 2. RATES AND *t$06ES (a) 'For**ill service furnished under this contract to the service location the Government shall pay the'Contractor at the rates_ specified in _the_rate schedule attached• fiereto and made' a part of this contract. .(b) For purposes ofcharges under this paragraph 2, any'de mands due to faulty operation of, or to excessive or fluctuating pres- sure on, the Contractor's system shall not be included as part of the Governments's demand. 3. ALTERNATE B CHANGE OF RATES At the request of either party to this contract with reasonable cause, the rates set forth herein shall be. renegotiated and the new rates shall.become.effective as mutually agreed' — provided that any rates so negotiated shall not be in excess of rates to any other customer of the Contractor under similar conditions of service. No increase shall be requested in the contract rate unless the Contractor has placed into effect a general rate increase t6 all of his customers under similar conditions of service. If the Contractor has placed.into effect a general rate decrease, a corresponding decrease in the contract rate shall be made. . 4. CHANGE IN VOLUME OR CHARACTER OF SERVICE The Contracting Officer shall give reasonable notice to the Contractor respecting any material changes anticioated'in'thetvolume'or characteristics of the utility 'service required at eocb location.* 5. CONTINUITY OF SERVICE AND CONSUMPTION (a) The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at the service location, but shall not be liable to the Government for damages, breach of contract, or otherwise, for failure, suspension, diminution, or other variations of 4 service occasioned by any cause beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are -not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, or failure or breakdown of transmission or other -facilities; provided, that when any failure, suspension, diminution, or variation of service shall aggregate more than one (1) hour during any billing period hereunder, an equitable adjustment shall be made in the monthly rates specified in this contract (including the minimum monthly charge). (b) In the event the Government is unable to operate the serv- ice location in,.whole or in part for any cause beyond its control and without its fault or negligence,"including but not limited to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, or strikes, an equitable adjustment shall be made in the monthly -rates specified in this contract (including the minimum monthly charge) if the period during which the Government is uanble to operate the service loca- tion in whole or in part shall exceed fifteen (15) days during any billing period or hereunder. 6. :CONTRACTOR'S FACILITIES (a) 'The Contractor, at.his expense, shall furnish, install, oper- ate, and maintain all facilities required to furnish service hereunder -to, - and to measure the service at, the point of delivery specified in the Utility Service Specifications. Title.to all -of these facilities shall remain in the Contractor and he shall be responsible for all loss of or. damage to those facilities except that arising put of the fault or negligence of the Government, its agents or its employees. All taxes and -other charges in connection therewith, together with all liability arising out of the negligence of the Contractor in the construction, operation, or maintenance of these facilities, shall be assumed by the Contractor. (b) The Government'hereby grants to the Contractor,F free,of any rental or similar'charge, but subject to the limitations specified in this contract, a'revocable permit to enter the service locatibh for any proper purpose under this contract,''including use of the -site or sites agreed upon by the parties hereto for the installation,;operation, and maintenance of the facilities of the Contractor required to be located upon Government premises. Authorized representatives of the Contractor will be --allowed access to the facilities of -the Contractor -at -suitable times --to perform the obligations of the -Contractor with respect to these facilities. It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner considered to be necessary for the national security. (c) The facilities shall.be removed and Government premises restored to their original condition, ordinary wear and tear excepted, by the Contractor at his expense within a reasonable time after the Government shall revoke the permit herein granted and im any event within a reasonable time after termination of this contract, provided, that in the event of termination due to fault of the Contractor these facilities may be retained in place at the'option of the Government until service comparable to that provided for hereunder is obtained elsewhere. 7. CONFLICTS To the extent of any inconsistency between the -provisions -of -this contract; and the provisions of any schedule, rider, or exhibit incor- porated•in this contract by reference or otherwise; -the provisions of this contract shall control. 8. DEFINITIONS (1962 FEB) As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "Head of the Agency" or "Secretary" means the Secre- tary, the Under Secretary, and Assistant Secretary, or any other head or assistant head of the executive or military department or other.Federal agency: and the term "his duly authorized representative" means any per- son or persons or -board (other than the.Contracting Officer) authorized to act for -the Head of the Agency.or the Secretary. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority: (c) ,Except as otherwise provided in this contract, the term, subcontracts" -includes purchase orders under this contract 9. ASSIGNMENT OF CLAIMS (1962 FEB) - (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203; 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for monies due or to become due the Contractor from the Government under this contract may be assigned. to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassign- ment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided.in this contract, payments town assignee of any monies due or to become due under this con- tract shall not, to the extent provided in said Act, as amended, be sub- ject to reduction or set-off. (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked"Top Secret," "Secret" or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information con- tained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer. 2 10. , DISPUTES (1960 JAN) , (a) Except as otherwise provided in this contract, any dispute con cerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce - his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive to the extent permitted by United States law. In connection with any appeal proceeding under this clause, -the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above; provided, that nothing in this contract shall be construed .as making final decision of any administrative official, representative, or board on a question of law. (c). The provisions of (a) above shall not apply to -disputes which are subject to the jurisdiction of a Federal, State, or other appropriate reguiatory body. The provisions of (a) above shall also be subject to the requirements of .the law with respect to the rendering of utility services' and the collection of regulated rates. (1968 SEP) 11. OFFICIALS NOT TO BENEFIT (1949 JUL) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise -therefrom; but this provision shall, not be construed to extend to this contract if made with a corporation for its general benefit. 12. COVENANT AGAINST CONTINGENT.FEES (1958 JAN) The Contractor warrants that no person or selling agency has been employed or retained to solicitor secure this contract upon and agree- ment or understanding for a commission, percentage, brokerage, or con- tingent fee, excepting bona fide employees or bona fide established com- mercial or selling agencies maintained by the Contractor for the purpose of securing business., For breach or violation of this warranty the Government shall have the right to annul this contract without liability -or in i.ts discretion, to deduct from the contract price or consideration, or otherwise -recover', the full amount of such commission, percentage, brokerage or contingent fee. 13. GRATUITIES (1952 MAR) -- (a) The Government may, by written notice to the Contractor, ter- minate the right of the Contractor to proceed under this contract if it is 7 found, after notice and hearing, by the Secretary or his duly authorized representative, that gratuities (in the form Qf entertainment, -gifts, or otherwise) were offered or given by.the Contractor, or.any agent or representative of the Contractor, to any officer or employee of the Govern- ment with a,view toward securing a contract or securing favorable treat- ment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided, that the existence.of.the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.. (b) In the event this contract is terminated as provided in para - graph.(a) hereof, the Government shall be entitled -(i) to pursue the same remedies against the Contractor as it.could pursue in the event of a breach of the contract by the Contractor, and (ii) as a penalty in addition to any -other damages to which it may be entitled by law, to exemplary -damages in an amount (as determined by the Secretary or his duiy authorized representative) which shall --be not. -less than three nor more than ten times the costs incurred by.the Contractor in providing any such gratuities to any 'such officer or employee. (c).•The rights and remedies of the Government provided in this clause shal.1 not be exclusive and'are :in addition to -any other rights and remedies provided by law or under this contract. 14. CONVICT LABOR (1975 OCT) In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing -sentence of imprison- ment except as provided by Public Law 89-176, September 10,.1965 (U.S.C..- 4082(c)(2)) and Executive Order 11755, December 29, 1973. 15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -- OVERTIME COMPENSA- TION (1971 NOV) This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime requirements. No Contractor or subcontractor con- tracting for any part of the contract work which may require.or.involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such -workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer.or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such.workweek, whichever is the greater number of overtime hours. 8 T (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be"liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be com- puted -•with -respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a).in the sum of $10 for each calendar day on which such employee was required or per- mitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph (a). (c) Withholding for unpaid wages and liquidated -damages. The Contracting Officer may withhold from the Government.'Prime Contractor; from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor'or subcontractor for unpaid wages and liquidated damages as provided'in the provisions of paragraph (b). (d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in•all subcontracts, and shall require their inclusion in all subcontracts of any tier. (e) Records. The Contractor shall maintain -payroll records containing the information specified in 29_CFR 516.2(a). Such records shall be preserved for three years"from'the completion -of the contract. 16. EQUAL OPPORTUNITY (1976 JUL) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will.'not discriminate against any employee or applicant for employment because -.of race; color, rel.igion, sex, or national origin. The Contractor will.take affirmative -action to ensure that applicants are employed, and that employees are treated during employment,.without regard to -their race, color, religion, sex.or national origin. Such action shall include but not bd limited to the following:. Employment, upgrading, demotion, or transfer, recruitment or recruitemnt advertising: layoff.or' temination, rates of pay or other forms of compensation; and selection for training, including apprenticeship: The Contractor agrees to post in conspicous places, available 'to employees -and applicants for.employment, notices to be provided by the Con= tracting Officer setting forth the provisions of this Equal, . Opportunity clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representa- tive of workers with which he has a collective bargaining agreement -- 9 or other contract or understanding a notice to -be provided by the agency Contracting Officer, advising the labor union or workers'•repre- sentative of the contractor's commitments under this Equal Opportunity cluase.and shall post -copies of the notice in conspicous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions.of Executive Order No. -11246 of.September 24, 1965, as amended by Executive'Order No. 11375 of October 13, 1967, and of :the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required - by Executive Order No 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules, regulations, and orders of 'the Secretary of Labor or pursuant thereto, and will :permit access to his: books, ,records, and accounts. 'by the con- tracting agency and the Secretary of Labor for: -purposes -of investigation to ascertain compliance with such rules, regul.a:tions and orders. (6) In the event.of the Contractorlsinoncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in -whole or in part, and the Contractor may be declared in- eligible for further Government:contracts-in-accordance with procedures authorized in Executive Order No 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and.remedies invoked as provided.in Executive Order No. 11246.of September 24,.1965,'as amended by Executive Order;No. 11375 of October 13, 1967, or by'rule, regulatton,-�or order of the Secretary of Labor, or as otherwise provided by law. (7) The -Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to section 204 of Executive -Order No.'11246 of September 24, 1965, as amended by Executive:Order No. 11375 of October 13, 1967, so that such provisions will be -binding -upon each -subcontractor or vendor. The Contractor will take such action with respect to any sub- contract or purchase order as the contracting.agency may direct as a means of enforcing such provisions including sanctions -for. noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with,'litigation with a subcontractor or vendor as a result of such direction by .the contracting agency, the Contractor may request the United States to.enter into such litigation to protect the interests of the United States. 17. APPROVAL OF CONTRACT (1949 JUL) This contract shall be subject to the written approval of the Secretary or hid duly authorized representative and shall not be binding until approved. _ 18. ALTERATIONS IN CONTRACT (1949 JUL) The following alterations have been made in the provisions of this contract. None. 10 Technical and General Provisions for Utility Service 19. SUPERSEDED CONTRACT The Contractor and the Government mutually agree, upon commence- ment of services under this contract, that Contract No. F41620=67 -C-0080 dated'; 16 Sep 66, as amended, which has provided the Government similar services, is hereby superseded, and will be terminated by supplemental agreement without penalty to either party. The Contractor further agrees to unconditionally waive any claim against the Government by reason of such termination, except for service billings due or to become due. Water Service Specifications 1. PREMISES TO BE SERVED: Reese Air Force Base and Reese Village 2. ESTIMATED SERVICE: Estimated daily maximum demand: 1700 K gallons Estimated annual consumption: 180,000,000_gallons (Government is in no way obligated to use nor is it restricted to the above estimate.) 3. POINT OF DELIVERY: The point of delivery of water shall be at the point in which the supply line enters the Reese underground storage tank. 4. DESCRIPTION OF WATER SERVICE: The contractor shall have 1800 gallons per.minute of water continuously available at the point of delivery. 5. QUALITY OF WATER: The contractor shall supply clear, potable water safe for human consumption and, except for chlorine additive content, equal in quality of water supplied to domestic consumed residents of the City of 'Lubbock. 6. METERING AND BILLING: Water shall be measured by one meter at point of delivery. 7. SIZE OF CONTRACTOR'S PIPELINE TO POINT OF DELIVERY: 14 inches inside diameter. 8. ALTERATIONS AND ADDITIONS: None 12 i i Contract No: F41620-78-DO06 CITY OF LUBBOCK Lubbock, Texas WATER RATE SCHEDULE .40 cents per 1000 gallons, Effective October 1, 1977. From and After the First Dayof Each October thereafter for a period of THREE YEARS (i.e.: Oct. 1, 1978, Oct. 1, 1979, Oct. 1, 1980) The Rate applicable shall be calculated by an additional amount of TEN PER CENT (10116) ADDED TO EACH ANNUAL RATE; after Oct. 1, 1980, the rate established on such date shall remain in effect until amended.