HomeMy WebLinkAboutReso. 1984 - 083 - Approving the contract with the general services administration to provide water service requirements to the u.s. forest service's northern california service center S
RESOLUTION NO. 87"...
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE CONTRACT WITH THE GENERAL SERVICES ADMINISTRA-
TION TO PROVIDE WATER SERVICE REQUIREMENTS TO THE U. S.
FOREST SERVICE' S NORTHERN CALIFORNIA SERVICE CENTER AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS.
WHEREAS, the U. S. Forest Service ' s Northern California
Service Center has requested water service at its facility for
its domestic use and fire protection needs; and
WHEREAS, The water system that the Forest Service would use
was constructed for the new terminal at the Redding Municipal
Airport and not designed to provide service to other facilities
located in the immediate vicinity of the airport; and
WHEREAS, the General Services Administration and the City of
Redding have developed a contract which would provide for the
water service requirements of the U. S. Forest Service facility;
and
WHEREAS, an Environmental Impact Report (EIR-1-82) was
prepared in 1982 for the Airport Area Specific Plan (GPA-1-82)
which adequately addressed the issues of urbanization and deve-
lopment of community water and drainage systems which covered the
growth inducing impacts of the system and a negative declaration
was prepared for the construction impacts associated with this
project which indicated no significant impact on the environment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redding as follows:
411
1 . The contract between the General Services Administra-
tion and the City of Redding, a copy of which is attached hereto
as Exhibit "A" and made a part hereof, is hereby approved.
2 . The City Manager of the City of Redding is hereby
authorized to execute said agreement on behalf of the City of
Redding.
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 16th day of April , 1984 , and
was duly adopted at said meeting by the following vote :
AYES: COUNCILMEN: Fulton, Kirkpatrick, Pugh, and Gard
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Demsher
ABSTAIN: COUNCILMEN: None
LE gri I I.
0 SI
: ARBA' A ALLEN GARD. Mayo
City of Redding
ATTEST:
E4J NICHOLS , City Clerk
FORM APPROVED:
RAmDALL A. HAYS, City Attorney
-2-
Draft No. 2
CMCRAL SERYICU ADMINtI TION TYPE OF UT.UTY SERVICE I CONTRACT NUMBER
UTILITIES CONTRt' Water Services • GS-OUB-
•
PitEMISES TO ESE SERV-ID I LEASE NUMBER
. Northern California Service Center C GCVERNMENTI7WNED E: ,
Shasta-Trinity National Forest iiF[tnR
Redding, California
.:.e :r =cr :centi:ee 'claw agrees to seii enc ceilver to he UNIT. , STATES OF .:•i?'C .ger='rc:ler :eie-ed te — ^.e "Severn
=one -e Government_ gagrees . r_..cse ane receive the C;.ntie:one - s. c ear _... _ the .e_- Pa
e se: ir-. en the .cae �L �^ E ve
_.._ _eve.._.._-. m ie to nae Ca.-e-cc:cr .,,e such services ._. __acro-..-_ ...ran the rates as ..-. . .=-ler set icr.
1. D7=-TION OF SLRVICES:
I Water servicgs as required by the Government on the Shasta-Trinity National Forest for
the Northern California Service Center in Redding, California, in accordance with the
following provisions contained in Addenda No. 1 through 4
The Contractor shall make and pay for all connections between the syster s of the Contractor and the Gov-
ernment at the poirt cf delivery. See Article X of Addendum No. 1 and Addendum
2. RATES: Applicable rate schedule(s) No. 4 (are)
attached hereto and made a part hereof. The Contactor hereby represent and warrants to the Govern-
ment that the rate schedule(s) available hereunder is (are) not in excess of the lowest rate schedule(s) now
available to present and prospective customers under like conditions of service and agrees that during the
life of this contract the Government shall continue to have available to it the lowest applicable schedule
under similar conditions of service. Connection Charge: . $298,167 (See Addendum No. 3arfor
details)
3. CONTRACT PERIOD: The utilities services covered by this contract shall be furnished for a period of
10 years, Estimated Annual Requirements: 37,500 cubic feet
Estimated Annual Charge $700
•
4. CHANGES OF RATE SCHEDULES AND RATES: The Government may upon request, in accordance with
±e Contractor's applicable rules and regulations, take service under any aopicable rate schedule of the
Contractor. Service under this contract shall be subject to regulation in the manner and to the extent pre-
scribed by law.by any Federal, State, or local regulatory commission having jurisdiction. If during the term
of this contract the public reguiatory•comrrission having jurisdiction receives for file in an authorized manner
rates that are different from those stipulated herein for like conditions of service, the Contactor agrees to
continue the prescribed service and the Government agrees to pay for such service at the different rates
:rcr and after the effective date of such rates.
S. SPECIAL TERMS .ND CONDITIONS: If there are anyConditions Special Terms and Co. a.tiors to this contract they
are attached and identified as follows: Add_ea_da No. 1_ through 6 -
(If nom so if1)
EXEC:.710N BY CONTRACTOR (Deo) I EXECUTION BY GOVERNMEYT (Dais)
'(AMS;)F(:"(TRACTOR (Type to prbil UNITED STATES OF AMERICA
City of Redding Municipal ACTING THROUGH THE ADMCIISTP.ATIOR OF GENERAL SERVICES
!INDIVIDUAL IJ PARTNERSHIP EI CORPORATION
ADDRESS Director, Public Utilities Services
760 Parkview Avenue
Redding, CA 96001 Fins Division.,. Office of Public Utilities
((Eeri ly Of r)
•
S:CNA^JSE CF PEP.CN 4UTI4CRIZED
THIS CONTRACT I5 EXECUTE: PARS IA'T TO THE FEDERAL PROPERTY AND
ADMINISTRATIVE SE.=VlCCS ACT OF :96. STAT.r77.AS AMENDE .
BY
AC.LINT1NG AN:APP!OPFHATIOF DATA
)..
MARS
_- 66500(connection) and u53Iuibeservices)
suc E
U.S. Forest Service 2400 Washington, Avenue, Bedding, CA 96001 ^-_
•
•
ADDENDUM NO. 1
GSA CONTRACT NO. GS-00B-
for the
FOREST SERVICE FACILITY
at
SHASTA-TRINITY NATIONAL FOREST
In accordance with the Safe Drinking Water Act (Public Law 93-523), the
National Interim Primary Drinking Water Regulations (40 CFR Part 141 ) ,
Executive Order 12088, and the Federal Property and Administrative Services
Act of 1949, as amended (Sec. 201, 40 U.S.C. 481) , this Contract is entered
into by and between the CITY OF REDDING, hereinafter referred to as the
"City," and the UNITED STATES OF AMERICA, acting through the Administrator of
General Services, hereinafter referred to as the "Government."
WHEREAS, the City has constructed a water system at its new ter¢inal at
Redding Municipal Airport to provide for its domestic use and fire protection
needs, but such system is not designed to provide service to other facilities
located in the immediate vicinity of the airport.
WHEREAS, the City has recently annexed the area surrounding the Redding
Municipal Airport including property owned' by the Covernsent. Therefore, City
will now be responsible for providing city services to this area, including
water for fire protection and domestic use.
411
WHEREAS, the Government is embarking on an expansion program at Northern
California Service Center (NCSC) in cooperation with the California Department
of Forestry which will increase the demand for water for domestic use and fire
pYotection.
WHEREAS, the City plans to provide an adequate supply of water to the airport
area by an intertie of its airport system to the existing municipal system now
serving the Enterprise area of the City (hereinafter called the "Airport
Intertie System") .
WHEREAS, such intertie will pass directly through NCSC making the connection
to the Airport Intertie System both feasible and practical.
WHEREAS, the Government desires to have capacity built into the Airport
Intertie System to provide for domestic use and fire protection of Northern
California Service Center. The peak demand for design purposes is estimated
to be 180,000 gallons per day for domestic and Aerial Fire retardant use, and
3,000 gallons per minute (CPM) for fire protection.
WHEREAS, the City has water supplies available in the Enterprise system to
provide water services to the Government. However, the proposed Airport
Intertie System and the water mains'are required for the water services.
WHEREAS, the City agrees to design and construct the Airport Intertie System
and the water mains within the NCSC and to provide fire protection service
from such mains. In addition, the City will install meters at points of
connections along such mains for domestic water use of designated building
locations within the NCSC.
2
411 110
WHEREAS, the Government will construct and maintain domestic water systems
from the points of connections, as marked on Addendum No. 2b.
WHEREAS, the City is willing to install , own, and operate the Airport Intertie
System and water mains within the NCSC as may be needed to provide water for
domestic use and fire protection, provided the Government will reimburse the
City as a Connection Charge bring the actual shared construction cost or the
currently estimated cost, of $298, 167 whichever is the lesser, for the shared
cost of constructing the water mains to the NCSC, including the costs of
installing the additional water mains within the NCSC. Said Connection Charge
will be in lieu of, but not greater than, the ratable charge paid by other
customers of the City receiving like service.
NOW, THEREFORE, the Government and the City do hereby agree as follows:
ARTICLE I - WATER SERVICES
The Government agrees to purchase and pay its prorata share of the required
facilities in accordance with this Contract and the City agrees to provide
water services for domestic use and fire protection to the NCSC for the peak
day requirements, in accordance with Article II hereof. Said water services
shall include the construction of a pipeline, minimum size 12 inches in
diameter, from Enterprise Wells Nos. 5 and 7 to the Government's NCSC
facility, including all water mains within NCSC, such as laterals, fire
hydrants, and meters at the points of connection. Said points of connection
will be at mutually agreed-upon locations within the NCSC.
4 •
ARTICLE II - CAPACITY RIGHTS AND LIMITATIONS
A. The City shall provide water services to NCSC, as noted in attached
- Addendum No. 2. The City shall own and have control over the operation
and maintenance of such facilities. Further, the City has designed the
water system to meet the NCSC's demands of 180,000 gallons per day for
domestic and Aerial Fire retardant use and 3,000 gallons per minute for
fire protection. The City further agrees to meet all current State Health
Department requirements.
B. The Government shall not substantially increase the planned number of
equivalent household units at the NCSC (currently projected to be 115
equivalent household units) without first obtaining the written consent of
the City, and the City may include in any such written consent such
conditions as are necessary to protect and preserve capacity in the
Airport Irtertie System for other users of said system.
ARTICLE III - ADDITIONAL FACILITIES
A. Scope
1. The City shall furnish all labor, materials, and services for the
installation of water mains, associated facilities and equipment
which the City way require to provide water services to the NCSC, as
described under Articles I and II.
4
i
2. The connection points for Government-constructed water systems to
service the NCSC from the City water mains shall consist of laterals,
valves, and meters provided by the City from which the Government or
its cooperators can obtain water. Such points will be located within
the NCSC site as mutually agreed by the Government and the City.
They are marked on Addendum No. 2b.
Upon the execution of this Contract, the City shall proceed with all
reasonable diligence to take the necessary actions to undertake the
construction of the facilities and to provide water services to the
Government.
B. Allowable Costs
For the performance of its obligation under this Article III, the
Government shall pay the City the Connection Charge, which shall be based
upon actual allowable, allocable and reasonably incurred/shared costs of
construction of the facilities required to furnish water services called
for in items 1 and 2 of Article IIIA) (hereinafter referred to as
"Allowable Costs") . The Connection Charge shall be the actual costs or an
amount not to exceed currently estimated shared costs of $298,167
whichever is the lesser. The estimate is based upon. 37.287 percent of the
total estimated $799,653 cost of constructing the proposed water line
project from Enterprise Wells Nos. 5 and 7 to the Municipal Airport
through the south property line of NCSC, including the cost of water
5
410
lines, fire hydrants, and meters within the NCSC. See Addendum No. 3a for
details. It is agreed that said allowable costs shall not include any
profit to the City and shall be exclusive of grants or other cost-sharing
arrangements related to the facilities being paid for by the Government
and to the Government 's payments under this project.
It is agreed that the City shall pay all costs involved with design,
contract preparation, construction surveys, inspection, material testing,
and control of the work.
C. Limitation of Costs
It is estimated that the total cost to the Government shall not exceed the
estimated Connection Charge set forth in Article III(B) , and the City •
agrees to use its best efforts to perform the work specified herein and
all obligations under this Contract within such estimated costs. If, at
any time, the City has reason to believe that the costs which it expects
to incur in the performance of this Contract will be greater or
substantially Iess than the estimated cost of $298,167 (see Article
III(B)) , the City shall notify the Contracting Officer in writing to that
effect, giving the revised estimate of such total cost of the performance
of this Contract, along with supporting documentation, invoices, and/or
vouchers. A mutually agreeable amendment to this Contract shall be
necessary before the Government can incur costs above the $298,167
limitation of cost.
6
411
D. Warranty of Facilities' Costs
The City further warrants and represents to the Government-• that any
construction, connection, or extension charges billed under this Contract
will not be in excess of charges that similar customers of the City would
be required to pay for like facilities under similar circumstances, and
further that such charges are being assessed pursuant to the City's
Section 14.08.130 of the Municipal Code, Chapter 8, Title 14, pertaining
to "Extension of Mains," as approved by the City Council . See Addendum
No. 3b for details.
ARTICLE IV - PAYMENT
A. Once each month, the City may submit to the Contracting Officer, in such
form and reasonable detail as the Contracting Officer may require, an
invoice or voucher supported by a statement of costs incurred by the City
in the performance of this Article IV and claimed to constitute allowable
costs.
B. Within 20 days after receipt of each invoice or voucher, and statement of
costs, the Government shall , subject to the provisions of Paragraph C
below, make a partial payment, as approved by the Contracting Officer in
an amount equalling 90 percent for payment related to the City's
construction costs. If the Contracting Officer, at any time after 50
percent of the contract work has been completed, finds that satisfactory
progress is made, he may authorize any of the remaining partial payments
to be made in full .
7
•
C. At any time prior to final payment to the City, the Contracting Officer
may have the invoice or voucher and statement of costs audited. Each
payment theretofore made shall be subject to reductions for amounts
included in the related invoice or voucher which are found by the
Contracting Officer, on the basis of audit , not to constitute allowable
costs.
D. On receipt and approval of other invoice or voucher designated by the City
as the completion invoice or voucher, and upon compliance by the City with
all of the provisions of this Article IV, the Government shall , within 20
days, pay to the City the balance of the Connection Charge which has been
withheld pursuant to Paragraph B above. The completion invoice shall be
submitted following completion and acceptance of work by the City and
notification by the City that the City is ready to provide water services
at the locations listed in Article III above.
ARTICLE V - CHANGES
A. The City shall be responsible for contract administration of the
construction contract, including issuance of change orders. The
Contracting Officer or his/her representative may request a change in the
work of the construction contract prior to completion of this project
whenever he/she determines such changes to be in the best interest of the
Government . Said changes shall be submitted in writing to the City for
review, and the City shall determine the necessity of generating a written
change order to the construction contract.
8
411
•
B. If any such change, deletion, or addition causes an increase or decrease
in the estimated cost of, or the time required for, the performance of any
part of the work under this Contract, whether changed or not changed by
any such order, or otherwise affects any other provisions of this
Contract, an equitable adjustment shall be made in the estimated
Connection Charge or completion time, or both. No obligations in excess
of the amounts set forth in this Contract shall be incurred without prior
written approval of the Contracting Officer or his/her representative.
Any equitable adjustment which exceeds the limitation. of $298,167 must be
covered by a mutually agreeable amendment to this Contract.
C. Any claim by the City for adjustment resulting from a Change Order under
the Clause must he asserted within 60 days from the date of receipt by the
City of the notification of change; provided, however, that the
Contracting Officer, if he/she decides that the facts justify such action,
may receive and act upon any claim prior to final payment under this
Contract. Failure to agree to any adjustment shall be a dispute
concerning a question of fact within the meaning of the Clause in the
Supplemental Provisions of this Contract entitled "Disputes."
However, except as provided in Article V(B) above, nothing shall excuse
the City from proceeding with the performance of the Contract as changed.
ARTICLE VI - PLANS, SPECIFICATIONS, ANL` ESTIMATES
The City shall submit plans and specifications to the Government for review
and approval . The Government shall issue written approval as a condition
precedent to the City's obligation to begin installation. Such approval shall
9
be given when the Government determines that the additional facilities, when
constructed in accordance with said plans and specifications, shall be
adequate to meet the requirements of the Government. Nothing in this part or
any other part of this Contract shall, however, relieve the City of its sole
or complete responsibility for designing and providing facilities which are in
all respects adequate for the satisfaction of the Government's needs for water
services.
ARTICLE VII - OPERATION AND MAINTENANCE
A. The City agrees to operate and maintain the Airport Intertie System and
the water mains constructed by the City within the NCSC, and the
Government agrees to operate and maintain its domestic water systems
beyond the points of connection, as noted in Addendum No. 2. In the
operation of their respective facilities, the City and the Government
shall comply with the applicable health and safety codes.
B. The Government agrees that the City shall have permission to enter upon
Government premises at any reasonable time for maintenance, repairs,
replacement, and servicing, as may be necessary to operate and maintain
this water system. The City agrees to operate and maintain all the water
facilities installed to the points of connection.
ARTICLE VIII - FUTURE FACILITIES
A. It is anticipated by the parties hereto that the need for water services
could expand beyond that described in this Contract. When the Government
determines that any part of the expanded water services are needed and
10
411
funds are available for the related additional Connection Charges, the
Government and the City shall negotiate for the undertaking of such
expanded water services by the City.
B. All future facilities constructed by the City in the performance of this
Contract shall be and remain the property of the City, and all costs of
operation, maintenance, and replacement of the additional facilities shall
be the responsibility of the City.
C. The parties recognize that the joint use facilities will have to be
expanded or modified or replaced from time to time as equipment and
facilities wear out or are damaged, as flows increase, or as quality
requirements are modified. This includes capitalized expenditures to
handle natural disasters, riots, or wartime damage. The cost of such
future expansions, modifications or replacements shall be the obligation
of the City unless said expansions, modifications or replacements are
required, due to new construction, modified construction, or other
operational changes at the Government's TCSC.
ARTICLE IX - SPECIAL USE PER?"IT
A. The Government shall issue to the City a Special Use Permit to cover the
construction, operation, and maintenance of any portion of the City-built
system required hereunder to be located upon national forest lands for
water services to the airport area. Such Special Use Permit shall not
extend past the term of this Contract. The City's agents and employees
11
• 411
shall have the right to enter upon the premises at any reasonable time for
operation, maintenance, repairs, replacements, servicing, meter reading,
or for any other purpose necessary in the performance of its obligations
hereunder.
B. The Special Use Permit referred to in Paragraph (A) above may include such
requirements and limitations as are necessary to protect health and safety
of the public, to minimize damage to National Forest lands and resources,
its appearance, and to assure compliance with Forest Service regulations
and standard fees determined by current Government policy.
ARTICLE X - MONTHLY WATER SERVICES FEE
A. Monthly water services fee shall be based upon the City Water utilities'
rates, as established by Resolution from time to time by the City
Council . The current water rates are shown in Addendum No. 4.
B. Additionally, payments for water services hereunder shall be made in
accordance with the Prompt Payment Act (Public Law 97-177, 96 Stat 85, 31
U.S.C. 1801 , et. seq.) and the implementing FPR Temporary Regulation
No. 66, including Supplement 1 thereto.
ARTICLE XI - REFUNDS
A. Any capacity of said facilities in excess of that dedicated to and paid
for by the Government under the terms of this Contract shall be paid by
and at the expense of the City.
12
• 1111
B. In the event other customers are connected to the facilities paid for by
the Covernment (to the extent that the City, at its expense, has provided
the necessary capacity), the Government agrees that the City may retain
such fees to offset the City's contribution to the project.
ARTICLE XII - TERMINATION
The Contracting Officer may terminate this Contract in whole or in part by
sixty (60) days' written notice to the City. If this Contract is terminated
or cancelled prior to commencement of water services, the Government shall be
liable to pay a net cancellation charge, being the shared cost of actual
facilities constructed up to termination, less shared salvage credits and
shared removal costs not to exceed an amount of up to the shared cost
described in Addendum No. 3a. However, if this Contract is terminated or
cancelled after commencement of water services, the Government shall be liable
to pay for water services rendered as of the termination date. Furthermore,
if the City utilizes facilities paid for by the Government to serve other
customers following termination by the Government, the Government shall be
reimbursed for the the undepreciated portion of the water line originally paid
for by the Government as of the date of termination.
ARTICLE XIII - TERM
This Contract shall become effective on the date hereof and shall continue
thereafter for a term of ten (10) years. It is understood and agreed that the
Government may not contract for a period in excess of ten years, but it is the
intent of the parties hereto that the services herein provided for will be
covered by successor contracts as needed, subject to Paragraph 18 of Addendum
No. 6.
13
i N
ARTICLE XIV - LIABILITY
A, The City shall not be liable for damages, breach of contract or otherwise
for any cause beyond the reasonable control of the City, including but not
limited to, acts of God or of the public enemy, fires, floods,
earthquakes, or other catastrophies or strikes.
B. The Government shall in no event be liable or responsible for damage or
injury to any person or property occasioned through the use or operation
of the City's facilities or the actions of the City, its employees or
agents in performing under this Contract, provided that the City shall not
be liable for the negligence of the Government, its employees or agents.
C. All the facilities constructed by the City necessary to provide water
services to the Government, shall be, and remain the property of the City,
notwithstanding the payment by the Government for the connection charge.
All costs of operation, maintenance, repair, and replacement of such
facilities shall be the responsibility of the City at all times during the
life of this Contract. All liability arising out of the construction,
operation, maintenance, repair, or replacement of such facilities shall be
the responsibility of the City.
14
• Addendum No. 2a
_i_........„\\. ,,
•
I •
re,”,
I
__, . -
: , I
t - ,---...st 0, ....--.-1 0 114
ye
• % ± ‘ 1 — - ''i ,
- 1 I I iv
. 1,:-.- ____, . -P-pe 1 • i 1 I 1 1
,\.1_...! • •• •-.1 I '
r-:' •--. • •-•` .7i ' k------. t-,:--1\ -.:-T)-=:-.--- '
3 •---3-••••• . keg .5 . s ..03 {di Of I • I I
'., - 1 ..1.• (,--7.—r ,....
27—.44—.- ---^..------ I
Ir dd er.
1.—.. .
' I ',,'.•'- :::';.'itier dry • i
,1
I
% I
1.1i
f--, I I 't. •'..:::.fg t 1 -.
2
4. ! '• . ,- .--1'. -:' .--
--- 1
4.... I :It. ,,.., ,,t1 /
._,1
, ____ \s I :
ab 11
.."‘ ---4 :71: I ir.-; -- '44 "1
[ )
•
I
..- I
3 I!
; , 1 1' ,P.,,,l,” R:i . . -.• e - +84 r
1
.,..__.,
,,,..,
.,..,.„•„„„,,-,..,
It
• 1
—Ti \.' ' Wegi IAN Ifti
l..., Or r
\
1 I
.. 7TI*4 alliZ i •
i
1 :
.
\ _ ,--:7 \ dt1
--- s \
le
5.• 1 I .
--- , \
--`
'I I
r' 3
tif \
‘1! Ciri' 4:4". , izzaoi
1 1 ,
r MOkire / i
iii:PNer; ,.
. ,
\,,. li. .
\ I N
\
\\ "
1 s 1 Y
\\. ,
1 ,
\ \
•IN
- • \ 8 - 7----1 .
, .. r
. ' • . r I • .
1 ; . • 3 :\:\' '
..' ; I I I
I C/TY OF IOD//J -- 1 ,.
• _: . 1
1 1,41.1roz //47Ez PL601/4,/ '..-: L. ' i
- 1 , i 7
re,14 in dr ad nes t ' I
. •
. • Addendum No. 2b
, . •
. . .
0
*
ow
r
r
ilZ
i!::.:
. . /
. -
--/
os.7 r w 0,
ID z
.110#11 S-- _. D8 LI
M m m
r IM* *
C
Z m z 111 C OF -..
rn r• Sat r-4 r
_.... ,.. -
5 cn. B 0‘
.• - 1
x i
CI ,,•
••...•. . .
•K,, •
/ •
. .
ii CO rm
2+ 0 —2';'en-
.
•.. x a— z Cr.- 0: I -
(....i,"....;
. .
-kV r" r"
:r
Au!
•
z-- i b...*
• 41 l x 2
M fr
•
•• Ca ,,, 2 3,- Do <K a, -I
• rn
. co •.... -4,Z
- in rn 4-.
.tci,
hi 1
2.0-< - I I I I
--ri i ..
r- . •
i
_.../ Zr•,.r- I
s c 0. • k s
.... el . ..... /
a.<>,lb
-4 .._ ,.• : I
r IM N.
C 2, .......
/ . .\ tn r- •
. . . . . Z
• • • m
m Z cr. r4.4 ' L., • / 1 .
0 ok. , • • \\ - ..
r....4 ' •
44,5N.'‘ il
I
I
Z
"-
• 0
--I
ra, rn \- ,/.. • r'' . -- • 4:1'.. r-'
Z 1
*
m
— Ce
X.)
.. ,
m0, • ,..' 1 -. .,-
> -- 1 rs,, • 53
0 I,-
-c 1
i
,....."1
Zt Tir/ 21' I
> -4 ...7„......>
..-..
rrl 1 r- . •
CD ,.
1
c.c,..
.;L„,,.
...-------------.7.--"xj> cD2_.<9—
m ..,r.- =- -
no
—1 /41, .. cr,
P-40
(1) .•
no
71
.......„. zqz >0
V .., z
r,fr, ......
)._ (.,•,0
_
-.%
Z
rri rn
23
tolov,
a) m
cc)
•
2 w
1)
.11 To
r rn-
nz Z— ,› >
Or X
111 iC....I-4
2 0 . Zen
0 1 rTIK
o .--
0
r- ---I . • 0 1—1
0
0 •
. • Addendum No.' 3a
ca 0 0 0 0 N 0 0 0 0 0 0 OO un O N 0 0 0 0 N
I.. -' C OC VG C' O . -T 00 n un n O O' 000'D 4O
yIw Ch n O CO v .DCO OD N r VI Ch
C .
O CO 0 N .- in 0. 0`v N 0, N CO
.+ .. N .. n. 1/1 w N 0•
u N
m in. vT ..
- u
0
.446.6
u O O O C N 0 0 0 0 0 0 OD un un N .7 0 0 0 4D
m N N0 O n .D OOO 0 O un n s Ch .70 N.D OD
O .n0 en.4 CD N 1• en J en e.Ch .4
U
0 0 u1 O ^ Ch.7 .4 N Ch 0' Oh N
a.. V CV N N n J u1 n Vl n N 0
U.. N Vr
ti
4....-, O C O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e•
to L O CO Ov1000000 vl✓l O u1 O u•1 O u1 CD
0 v r•. N
Z
•
C-' C n
F C n
al V
2- u
tr. M
V
Cc
C.
I-
a •! , 0 00 00000000 00000000 n
's C7u O 00 0 .n 0000 O C u'1 u1 C un CDun CDun n
m .. .- ..
4. N
t/7 .D
F
Cc
O
G.
Cc
..
6 L
✓ O 00 O J 000000 1D O u1 .7 .7000 n
.i u I N N 0 1D ND .3 J O OW .•. t. .T CD .7 O Nev u1
m y
6 •n 0 Ch 1D ...7 CD O CO v •D CO n J e• .- .T C e.Ch .D
P. b V m
Ch
••1 u L 0 0 ,r, co O N N .. u1 Ch Ch OD .7 .n0, Ch Ch .r)l O+
U C
U •U m y N N N N 6. .• N .- t` CO - 0 n .- n.7
m N C -• .. 1.
Z 1.7 C. U vT N
7 .
X.
❑
k7
u7
0
D.
O
CL
a
m
C t% _
-• X N_ O
V ' _
6 -
✓ I. > X X
X V .. ..
u I.
✓ 'CO 000 .7J.•-
I- •O N n .- N VO O .0 CO
U m X X n .••.n .-N
w C .. I. "6`,4, C.c c X
I. r. V u O Ov
O O .I 0 ++ u u
L L u O V .n N N
V N 6 - .- '. c'.: N: N
h m >- .7 .- N ..- N ...
Cu u V F N .D CD CO J O X:7 .d X X
C to m C 1•. n n N N N N v .. {{yy V X ^ .c ^ X
O 7 V m C .7 X X X X X X 3 {a. U. N V V
a.
I. I. r ., u X ..7 .7•.. k N WN Is.
6
• 6 m '9 U C 0 m .1 •.. .7 •.. .d
< O >. < V V V V V V m N F n Ch I. a co
•-• W14 I. ... .O ,22 .•'. Is. C G C C C C I. .7 .7 V e. 1. N Y O
C. a ••• m m V •.......•..•..•.. .O .t CO CD O. > CO V n V.7
✓ < C V V 21 Iv >. Is. NN CN >O. > 'C
m v •.. I. I. U .0 m H nO n O 6.
✓ F c 6••• m V .. - c z C - - I. 7 1 I 1
❑ C •-. I. w M .> CV N N 0 CD.D V V 1 1 1 I I
0 •- V I. a .. ... .. ... I. 6 Z 9 •0 'O
C. I. J •0 m U. k7 .. V 0 C. C C C '0 1. I. I.
IX V C a v7 XXX X X X... 6 a CC OL V V 4)
1-. V 3 m C V W aJ W 6 6 6 6
< m V m •G I-. w w w k. W k. C - 6WMOOSOMM
X C m .0 m h .d .d .7 .7 ...7 ..7 .D N Z 0 0 0 .1= .0 i i 3 .-7
..a C I. 10.1 144D. n a v v 0 O 'O <
< O C • ... .0 Ca 0 0 C X x 1.C 0 4an 1. I. C C C G
O. N C m C a O CO e. .7 n .•.n .. m m 0 0 0 O
4.. .- mX m7 w N .n.4 so.e. ODN «< CCQUU F
cJ a
.. • 1v
Z CA I-.
i < CQ U 7 < CD U ❑ Iv k. (.) S - 3 < CO U ❑ la) W U 0
.•. N n
• • Addendum No. 3b
•
111.1LITIES
14.08.100 Service—Discontinuance.
A. Water service may be refused or discontinued to any
premises where apparatus or appliances are in use which will
endanger the service to other customers, or damage the
city's water system.
B. Water service may be refused or, discontinued to any
premises where there exists a cross-connection in violation
of state or federal law.
C. Water service may be discontinued if necessary to protect
the city against fraud practiced by the customer.
D. Customers desiring to discontinue service should notify the
finance department two days prior to vacating the premises.
Unless discontinuance of service is ordered, the customer
shall be liable for charges whether or not any water is used.
(Ord. 1453 § 1 (part), 1979.)
14.08.110 Water meters and meter boxes.
All water meters and meter boxes installed by the city shall
remain the property of the city, and where replacements,
repairs or adjustments of any meter are rendered necessary by
the act, negligence or carelessness of the consumer, any expense
caused the city thereby shall be charged against, and collected
from, the consumer. If the consumer or owner fails to pay the
charges, the water may be shut off until the charges are paid.
Each separate pipe connection in any meter box shall be
separately metered. (Ord. 1453 § I (part), 1979.)
14.08.120 Curb cocks.
There shall be a curb cock or valve in every attachment just
inside the curb, at a point to be designated by the city, which
curb cock and its box shall be supplied by the city and shall be
for the city's exclusive use and under its exclusive control. (Ord.
1453 § I (part), 1979.)
14.08.130 Extension of mains.
Applicants for service beyond the limits of the existing
water system may secure service providing they comply with
the following provisions:
(Redding 8-20-79) 456
•
• i
WATER
A. A request shall be filed with the city engineer indicating the
property proposed to be served and the use to be made
thereof. The engineer shall analyze the request in respect to
the city master water plan, and engineering factors related
to the site and the city's existing system.
B. The general policy concerning the assignment of
construction cost for such service shall be as follows:
1. All water Iines required for the orderly development of
the applicant's property shall be constructed at the
applicant's cost.
2. Where the city's master water plan requires a water line
to be constructed greater in size than required for
applicant's development, the city-shall assume the cost
of oversizing the water line to satisfy the master water
plan.
3. All in-tract construction in new subdivisions shall
extend to the limits of the property and shall include all
looping and other supplementary lines that are
necessary in order that future contiguous subdivisions
can connect directly onto such subdivisions, thus
providing for the orderly development of the system.
4. If any additional construction is necessary to extend
lines from existing mains to the applicant's property or
subdivision, it shall be constructed at applicant's cost,
unless the city council authorizes extension of such
main at city expense because of special circumstances
such as (a) size and nature of future service area, (b)
distance from existing main, (c) conformance to master
water plan.
C. If a service connection is made directly into a main which
has been constructed after the effective date of the
ordinance codified in this section, and which has not been
constructed and financed through an assessment district or
through any other means in which the applicant has a vested
interest, there shall be paid by the applicant a front foot
construction charge of ten dollars per foot of street frontage
of the subject lot, or where a logical divisible portion of a
large lot or acreage is being applied for, a similar fee shall be
paid computed on the front footage of such portion;
provided, that corner lots shall be computed on the basis of
457 (Redding B-20-79)
•
•
UTILITIES
the sum of the front footages less one hundred feet subject
to a minimum charge of five hundred ten dollars for any
one building site. The front foot construction charge shall
be in addition to any other charge prescribed in this
chapter.
D. Funds or money collected for installing service connections,
water connection fees, and the front foot construction
charge shall be deposited into the water fund of the city.
E. When it is necessary for the city to make an expenditure,
the following interests of the city shall be considered:
1. Will it improve service in respect to water quality,
pressure, reliability of service and adequacy of water for
fire protection;or
2. Will the investment prove to be a financial benefit to the
water department operation;or
3. Is the investment a justifiable social or indirect
economic benefit of the city; and
4. Does the investment benefit the city in contrast to the
individual?
F. The provisions set forth in subsection E shall not prohibit
the city council from approving or disapproving applications
or making expenditures for other water line construction.
Neither do these provisions apply to the replacement of old
or undersized lines within the existing system.
G. Where a parcel of real property fronts upon a substandard
main less than six inches in diameter, in which the property
owner or his predecessor in interest has a vested interest, he
shall pay a front foot construction charge at the established
rate as provided by resolution under subsection C, minus a
percentage credit in the same ratio as the diameter of the
substandard main bears to the diameter of a six-inch water
pipe. Where a parcel of real property requesting connection
fronts on a substandard main in which it has no vested
interest, it shall be charged the established front footage
construction charge in effect at the time of application. It is
the stated intention of the city to replace the substandard
main as soon as economically practicable, and in the event
that such replacement is accomplished by means of an
assessment district, those who have been charged a front
footage construction charge in accordance with the
(Redding 8-20-79) 458
• •
WATER
provisions of this subsection shall not be assessed any
additional sum in any subsequent assessment district
proceedings for the replacement of the substandard main
with one of adequate size.
(Ord. 1453 § 1 (part), 1979.)
14.08.140 Number of services for each premises.
• The applicant for water service may apply for as many
services as may be reasonably required for his premises;
provided, that the pipe line system from each service shall be
independent of the others and that they not be interconnected.
(Ord. 1453 § 1 (part), 1979.)
14.08.150 Control valves.
The customer shall have a valve on his side of the service
installation to control the flow of water to the piping on his
premises. The customer shall not use the service curb stop to
turn water on and off to his premises. (Ord. 1453 § 1 (part),
1979.)
14.08.160 Cross-connections.
The customer must comply with state and federal laws
governing the separation of dual water systems or installations
of back-flow protective devices to protect the public water
supply from the danger of cross-connections. Plans for
installations of back-flow protective devices must also be
approved by the water division prior to installation. Back-flow
protective devices must be installed as near the service as
possible and shall be open to test and inspection by the water
division. (Ord. 1453 § 1 (part), 1979.)
14.08.170 Service interruption.
The city shall not be liable for damage which may result
from an interruption in service from a cause beyond the control
of the city. In addition, as a condition precedent to service, the
city reserves the, right to make temporary shutdowns without
• 459 (Redding S-20-79)
• •
Addendum No. 4
CITY OF REDDING
WATER RATE SCHEDULE
RESOLUTION NO. 77-446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ESTABLISHING
WATER UTILITY RATES FO^ SERVICE TO CUSTOMERS WITHIN THE CORPORATE
LIMITS OF THE CITY OF REDDING.
WHEREAS, Section 29-33 of the Redding City Code, 1959, as.
amended, provides that the City Council shall establish water utility
rates by resolution, and
WHEREAS, due to the increased cost of operation and maintenance
of the eater system and to provide funds for the capital improvement
program of the water utility, it has been recommended that the City
Council adopt new increased water utility rates as established in the
attached "CITY OF REDDING WATER UTILITY SCHEDULE OF RATES", which is
attached hereto and marked "Exhibit A", and
WHEREAS, the City Council has carefully considered this
recommendation and has reviewed the existing water utility rate structure
and has studied the increased costs of operation and maintenance and the
capital improvement program of the water utility, and deems it to be in
the best interests of the City of Redding to establish the new increased
water utility rates as proposed,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Redding, pursuant to Section 29-33 of the Redding City Code, 1959,
as amended, does hereby approve and adopt as the established rates for
municipal water service to customers within the corporate limits of the
City of Redding those rates and charges set forth in the "CITY OF REDDING
WATER UTILITY SCHEDULE OF RATES", which is attached hereto as "Exhibit A"
and incorporated herein.
BE IT FURTHER RESOLVED that the effective date of this
Resolution shall be April 1, 1977, as to the water furnished to the
customers of the City of Redding water utility after that date for which
meter readings occur on or after May 1, 1977.
BE IT FURTHER RESOLVED that Resolution No. 76-67 adopted on
June 28, 1976, is hereby repealed and rescinded, and shall be of no further
force and effect from and after May 1. 1977.
• •
BE IT FURTHER RESOLVED that the City Clerk pf the City of
Redding be hereby directed to maintain available certified copies ,
of this Resolution for inspection and review by any interested person
or persons.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of Redding
on the 21st day of March, 1977, and was duly adopted at said meeting by
the following vote:
AYES: COUNCILMEN: Anderson, Demsher, Gard, Pugh
NOES: COUNCILMEN: Fulton
ABSENT: COUNCILMEN: None
a .Aye inn
LEE D. FULTOT, M.D.
Mayor of the City of Redding
ATTEST:
MIL RED L. BK,AYTIN, City Clerk
FORM APPROVED:
EARL D. F',URP Y,City7tto fey
•
-2-
411 411
CITY OF REDDING
MUNICIPAL UTILITIES
•
WATER RATE SCHEDULE
First 500 cubic feet $2 .50
Next 3,000 cubic feet .45 Per hundred cubic feet
Next 6,500 cubic feet .30 Per hundred cubic feet
Over 10,000 cubic feet .18 Per hundred cubic feet
•
•
EXHIBIT A
• •
• ' GENERAL SERVICES ADMINISTRATION Addendum NO .' 5
SUPPLEMENTAL PROVISIONS
- (UTILITY SERVICE CONTRACT)
1. DEFINITIONS (b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor. state that all
As used throughout this contract, the_ following terms shall have qualified applicants will receive consideration for employment
the meaning set forth below: without regard to race,coior,religion,sex,or national origin.
(c) The Contractor will send to each labor union or representa-
(a) The term "head of the agency"or"Secretary"as used herein tive of workers with which he has a collective bargaining agreement
means the Secretary,the Under Secretary,any Assistant Secretary, or other contract or understanding, a notice, to be provided by the
or any other head or assistant head of the executive or military de- agency Contracting Officer. advising the labor union or workers'
partment or other Federal agency:and the term"his duly authorized representative of the Contractor's commitments under this Equal
representative" means any person or persons or board(other than Opportunity clause, and shall post copies of the notice in conspicu-
the Contracting Officer)authorized to act for the head of the agency ous places available to employees and applicants for employment.
or the Secretary. (d) The Contractor will comply with all provisions of Executive
(b) The term "Contracting Officer" means the person executing Order No. 11246 of September 24. 1965, and of the rules, regula-
this contract on behalf of the Government,and any other officer or tions,and relevant orders of the Secretary of Labor.
civilian employee who is a properly designated Contracting Officer: (e) The Contractor will furnish all information and reports re-
and the term includes,except as otherwise provided in this contract, quired by Executive Order No. 1 1246 of September 24, 1965,and by
the authorized representative of a Contracting Officer acting within the rules, regulations. and orders of the Secretary of Labor, or
the limits of his authority. pursuant thereto. and will permit access to his books. records, and
(c) Except as otherwise provided in this contract,the term "sub- accounts by the contracting agency and the Secretary of Labor for
contracts"includes purchase orders under this contract.
purposes of investigation to ascertain compliance with such rules,
2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL regulations.and orders.
(f) In the event of the Contractor's noncompliance with the Equal
(a) This clause is applicable if the amount of this contract ex-
regulations.
clause of this contract or with any of the said rules,
ceeds$2.500 and was entered into by means of negotiation,includ- regulations. or orders. this contract may be canceled. terminated.
in small business restricted advertising, but is not applicable if this or suspended. in whole or in part, and the Contractor may be de-
g dared ineligible for further Government contracts in accordance
contract was entered into by means of formal advertising. with procedures authorized in Executive Order No. 11246 of Sep-
(b) The Contractor agrees that the Comptroller General of the tember 24. 1965. and such other sanctions may be imposed and
United States or any of his duly authorized representatives shall, remedies invoked as provided in Executive Order No. 11246 of
until the expiration of 3 years after final payment under this con- September 24, 1965,or by rule.regulation,or order of the Secretary
tract or such lesser time specified in either Appendix M of the Armed of
Services Procurement Regulation or the Federal Procurement Regu- Labor,or as otherwise provided by law.
lations Part I-20, as appropriate, have access to and the right to (g) The Contractor will include the provisions of paragraphs (a)
examine any directly pertinent books, documents. papers. and through(g)in every subcontract or purchase order unless exempted
records of the Contractor involving transactions related to this by rules, regulations,or orders of the Secretary of Labor issued pur-
suant to section 204 of Executive Order No. 11246 of September 24.
contract. 1965. so that such provisions will be binding upon each subcon-
(c) The Contractor further agrees tc include in all his subcon-
tractor or vendor. The Contractor will take such action with respect
tracts hereunder a provision to the effect that the subcontractor
agrees that the Comptroller General of the United States or any of to any suxontract or purchase order as the contracting agency
his duly authorized representatives shall. until the expiration of 3 may direct as a means of enforcing such provisions. including
years after final payment under the subcontract or such lesser time sanctions for noncompliance: Provided,however,That in the event the
specified in either Appendix M of the Armed Services Procurement Contractor becomes involved in.or is threatened with.litigation with
Regulation or the Federal Procurement Regulations Part 1-20, as a subcontractor or vendor as a result of such direction by the con-
- appropriate. have access to and the right to examine any directly treating agency. the Contractor may request the United States to
pertinent books. documents, papers, and records of such sub- enter into such litigation to protect the interests of the United States.
contractor. involvingtransactions related to the sutcontract. The
term "subcontract" as used in this clause excludes (1) purchase 4. CERTIFICATION OF NONSEGREGATED FACILITIES
orders not exceeding $2.500 and (2) subcontracts or purchase
orders for public utility services at rates established for uniform (Applicable to (1)contracts. (2)subcontracts,and (3)agreements
applicability to the general public, with applicants who are themselves performing federally assisted
(d) The periods of access and examination described in(b)and construction contracts. exceeding $10,000 which are not exempt
(c). above. for records which relate to (1) appeals under the "Dis- from the provisions of the Equal Opportunity clause.)
putes" clause of this contract, (2) litigation or the settlement of
claims arising out of the performance of this contract. or (3)costs By the submission of this hid, the bidder. offeror, applicant. or
and expenses of this contract as to which exception has been taker subcontractor certifies that he does not maintain or provide for his
by the Comptroller General or any of his duly authorized representa- employees any segregated facilities at any of his establishments,
fives. shall continue until such appeals. litigation,claims.or excep- and that ne does not permit his employees to perform their services
tions have been disposed of, at any location, under his control. where segregated facilities are
maintained. He certifies further that he will not maintain or provide
3. EQUAL OPPORTUNITY for his employees any segregated facilities at any of his establish-
ments, and that he will not permit his employees to perform their
(The following clause is applicable unless this contract is exempt services at any location, under his control, where segregated facil- ,
under the rules. regulations,and relevant orders of the Secretary of ties are maintained.The bidder,offeror.applicant.or subcontractor
Labor(41 CFR,ch.60).) agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract.As used in this certification,the
During the performance of this contract. the Contractor agrees term "segregated facilities" means any waiting rooms, work areas,
as follows: rest rooms and wash rooms, restaurants and other eating areas.
time clocks. locker rooms and other storage or dressing areas,park-
(a) The Contractor will not discriminate against any employee or ing lots, drinking fountains. recreation or entertainment areas,
applicant for employment because of race. color. religion. sex, or transportation. and Housing facilities provided for employees which:
national origin.The Contractor will take affirmative action to ensure are segregated by explicit directive or are in fact segregated on the
that applicants are employed. and that employees are treated dur- basis of race. color. religion or national origin. because of habit,
ing employment,without regard to their race.color.religion.sex,or local custom, or otherwise. He further agrees that(except where he
national origin. Such action shall include, but not be limited to the has obtained identical certifications from proposed subcontractors
following: Employment. upgrading. demotion. or transfer, recruit- for specific time periods) he will obtain identical certifications from
ment or recruitment advertising: layoff or termination: rates of pay proposed subcontractors prior to the award of subcontracts exceed-
or other forms of compensation: and selection for training. includ- ing $10,000 which are not exempt from the provisions of the Equal
ing apprenticeship. The Contractor agrees to post in conspicuous Opportunity clause:that he will retain such certifications in his files:
places. available to employees and applicants for employment, and that he will forward the following notice to such proposed sub
notices to be provided by the Contracting Officer setting forth the contractors (except where the proposed subcontractors have cut"
provisions of this Equal Opportunity clause. muted identical certifications for specific time periods):
GSA Fo.m 1685(Rev. -76i
• •
Notice to prospective subcontractors of requirement for certifications of taining the information specified in 29 CFR 516.2(a). Such records
nonsegregated facilities. shall be preserved for three years from the completion of the
contract.
A Certification of Nonsegregated Facilities must be submitted
prior to the award of a subcontract exceeding$10.000 which is not 9. DISPUTES
exempt from the provisions of the Equal Opportunity clause. The
certification may be submitted either for each subcontract or for all (a) Except as otherwise provided in this contract, any dispute
subcontracts during a period(i.e.,quarterly.semiannually,or annu- concerning a question of fact arising under this contract which is
ally} not disposed of by agreement shall be decided by the Contracting
Officer, who shall reduce his decision to writing and mail or other-
NOTE: The penalty for making false statements in offers is pre wise furnish a copy thereof to the Contractor. The decision of the
scribed in 18 U.S.C. 1001. Contracting Officer shall be final and conclusive unless within 30
days from the date of receipt of such copy,the Contractor mails or
5. OFFICIALS NOT TO BENEFIT otherwise furnishes to the Contracting Officer a written appeal ad-
dressed to the Secretary. The decision of the Secretary or his duly
No member of or delegate to Congress. or resident commis- authorized representative for the determination of such appeals
sioner.shall be admitted to any share or part of this contract,or to shall be final and conclusive unless'determined by a court of corn-
any benefit that may arise therefrom;but this provision shall not be petent jurisdiction. to have been fraudulent, or capricious, or
construed to extend to this contract if made with a corporation for arbitrary, or so grossly erroneous as necessarily to imply bad faith,
its general benefit. or not supported by substantial evidence. In connection with any
appeal proceeding under this clause, the Contractor shall be af-
6. COVENANT AGAINST CONTINGENT FEES forded an opportunity to be heard and to offer evidence in support
of its appeal. Pending final decision of a dispute hereunder, the
The Contractor warrants that no person or selling agency has Contractor shall proceed diligently with the performance of the
been employed or retained to solicit or secure this contract upon an contract and in accordance with the Contracting Officer's decision.
agreement or understanding for a commission, percentage,broker- (b) This "Disputes" clause does not preclude consideration of
age. or contingent fee,excepting bona fide employees or bona fide law questions in connection with decisions provided for in para-
established commercial or selling agencies maintained by the Con- graph (a)above. Provided,That nothing in this contract shall be con-
tractor for the purpose of securing business. For breach or violation strued as making final the decision of any administrative official,
of this warranty the Government shall have the right to annul this representative,or board on a question of law.
contract without liability or in its discretion to deduct from the con- (c) The provisions of (a) above shall not apply to disputes which
tract price or consideration,or otherwise recover,the full amount of are subject to the jurisdiction of a Federal. State. or other appro-
such commission,percentage,brokerage,or contingent fee. priate regulatory body.The provisions of(a)above shall also be sub-
ject to the requirements of the law with respect to the rendering of
7. CONVICT LABOR utility services and the collection of regulated rates.
In connection with the performance of work under this contract, 10. ORDER OF PRECEDENCE
the Contractor agrees not to employ any person undergoing sen- To the extent of any inconsistency between the provisions of this
tence of imprisonment except as provided by Public Law 89-176, contract and any schedule. rider, or exhibit incorporated in this
September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order contract by reference or otherwise.or any of the Contractor's rules
11755.December 29. 1973. and regulations.the provisions of this contract shall control.
8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT— 11. DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
OVERTIME COMPENSATION
(This clause is applicable pursuant to 41 CFR 60-250 if this con-
This contract,to the extent that it is of a character specified in the tract is for$10,000 or more.)
Contract Work Hours and Safety Standards Act(40 U.S.C.327-333).
is subject to the following provisions and to all other applicable pro- (a) The contractor will not discriminate against any employee or
visions and exceptions of such Act and the regulations of the Secre- applicant for employment because he or she is a disabled veteran or
tary of Labor thereunder. veteran of the Vietnam era in regard to any position for which the
employee or applicant for employment is qualified.The contractor
(a) Overtime requirements. No Contractor or subcontractor con- agrees to take affirmative action to employ, advance in employ-
tracting for any part of the contract work which may require or in- ment, and otherwise treat qualified disabled veterans and veterans
volve the employment of laborers,mechanics.apprentices,trainees, of the Vietnam era without discrimination based upon their dis-
watchmen. and guards shall require or permit any laborer, me- ability or veterans status in all employment practices such as the
chanic.apprentice.trainee,watchman,or guard in any workweek in following: employment upgrading, demotion or transfer, recruit-
which he is employed on such work to work in excess of eight hours ment,advertising,layoff or termination, rates of pay or other forms
in any calendar day or in excess of forty hours in such workweek on of compensation, and selection for training, including apprentice-
work subject to the provisions of the Contract Work Hours and ship.
Safety Standards Act unless such laborer, mechanic, apprentice. (b) The contractor agrees that all suitable employment openings
trainee. watchman, or guard receives compensation at a rate not of the contractor which exist at the time of the execution of this con-
less than one and one-half times his basic rate of pay for all such tract and those which occur during the performance of this con-
hours worked in excess of eight hours in any calendar day or in ex- tract, including those not generated by this contract and including
cess of forty hours in such workweek.whichever is the greater num- those occurring at an establishment of the contractor other than
ber of overtime hours. the one wherein the contract is being performed but excluding those
(b) Violation;liability for unpaid wages;liquidated damages. In the event of independently operated corporate affiliates,shall be listed at an
of any violation of the provisions of paragraph (a). the Contractor appropriate local office of the State employment service system
and any subcontractor responsible therefor shall be liable to any wherein the opening occurs. The contractor further agrees to pro-
affected employee for his unpaid wages. In addition,such Contrac- vide such reports to such local office regarding employment open-
tor and subcontractor shall be liable to the United States for liqui- ings and hires as may be required.
dated damages. Such liquidated damages shall be computed with State and local government agencies holding Federal contracts
respect to each individual laborer, mechanic, apprentice, trainee, of$10,000 or more shall also fist all their suitable openings with the
watchman,or guard employed in violation of the provisions of para- appropriate office of the State employment service, but are not re-
graph (a) in the sum of $10 for each calendar day on which such quired to provide those reports set forth in paragraphs(d)and(e).
employee was required or permitted to be employed on such work (c) Listing of employment openings with the employment serv-
in excess of eight hours or in excess of his standard workweek of ice system pursuant to this clause shall be made at least concur-
forty hours without payment of the overtime wages required by rently with the use of any other recruitment source or effort and
paragraph(a). shall involve the normal obligations which attach to the placing of a
(c) Withholding for unpaid wages and liquidated damages. The Contract- bonafide job order, including the acceptance of referrals of veterans
ing Officer may withhold from the Government Prime Contractor, and nonveterans. The listing of employment openings does not re-
from any moneys payable on account of work performed by the quire the hiring of any particular job applicant or from any particu-
Contractor or subcontractor, such sums as may administratively far group of job applicants,and nothing herein is intended to relieve
be determined to be necessary to satisfy any liabilities of such Con- the contractor from any requirements in Executive orders or regu-
tractor or subcontractor for unpaid wages and liquidated damages lations regarding nondiscrimination in employment.
as provided in the provisions of paragraph(b). (d) The reports required by paragraph(b)of this clause shall in-
(d) Subcontracts. The Contractor shall insert paragraphs (a) clude, but not be limited to, periodic reports which shall be filed at ,
through(d)of this clause in all subcontracts,and shall require their least quarterly with the appropriate local office or. where the con-
inclusion in all subcontracts of any tier. tractor has more than one hiring location in a State.with the central
(e) Records. The Contractor shall maintain payroll records con- office of that State employment service. Such rep�oprtss shall indicate
GSA Form 1685 Page 2 iRev.2-2C
•
for each hiring location (1)the number of individuals hired during (m) The contractor will include the provisions of this clause in -
the reporting period.(2)the number of nondisabled veterans of the every subcontract or purchase order of$10,000 or more unless ex-
Vietnam era hired, (3)the number of disabled veterans of the Viet- empted by rules. regulations,or orders of the Secretary issued pur-
nam era hired,and(4)the total number of disabled veterans hired. suant to the Act,so that such provisions will be binding upon each
The reports should include covered veterans hired for on-the-job subcontractor or vendor. The contractor will take such action with
training under 38 U.S.C. 1787.The contractor shalt submit a report respect to any subcontract or purchase order as the Director of the
within 30 days after the end of each reporting period wherein any Office of Federal Contract Compliance Programs may direct to en-
performance is made on this contract identifying data for each hir- force such provisions,including action for noncompliance.
ing location. The contractor shall maintain at each hiring location
copies of the reports submitted until the expiration of one year after 12. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS
final payment under the contract. during which time these reports If appeal is filed bythe contractor from a final decision of
and related documentation shall be made available, upon request, (a) an .
for examination by any authorized representatives of the contract- the contracting officer under the disputes clause of this contract.
ing officer or of the Secretary of Labor. Documentation would in- denying a claim arising under the contract. simple interest on the
dude personnel records respecting job openings, recruitment, and amount of the claim finally determined owed by the Government
placement. shall be payable to the contractor.Such interest shall be at the rate
(e) Whenever the contractor becomes contractually bound to the determined by the Secretary of the Treasury pursuant to Public Law
listing provisions of this clause,it shall a,,.,,- tele employment serv- 92-41, 85 Stat. 97. from the date the contractor furnishes to the
ice system in each State where it has establishments of the name contracting officer his written appeal under the disputes clause of
and location of each hiring location in the State.As long as the con- this contract. to the date of (1)a final judgment by a court of corn-
tractor is contractually bound to these provisions and has so ad- petent jurisdiction, or (2) mailing to the contractor of a supple-
viscid the State system. there is no need to advise the State system mental agreement for execution either confirming completed
of subsequent contracts. The contractor may advise the State sys- negotiations between the parties or carrying out a decision of a
tern when it is no longer bound by this contract clause. board of contract appeals.
(f) This clause does not apply to the listing of employment open- (b) Nothwithstanding(a). above.('1)interest shall be applied only
ings which occur and are filled outside the 50 States,the District of from the date payment was due, if such date is later than the filing
Columbia,Puerto Rico,Guam,and the Virgin Islands. of appeal, and (2) interest shall not be paid for any period of time
(g) The provisions of paragraphs (b), (c), (d), and (e) of this that the contracting ofticer determines the contractor has unduly
clause do not apply to openings which the contractor proposes to fill delayed in pursuing his remedies before a board of contract appeals
from within his own organization or to fill pursuant to a customary or a court of competent jurisdiction.
and traditional employer-union hiring arrangement.This exclusion
does not apply to a particular opening once an employer decides to 13. UTILIZATION OF MINORITY BUSINESS ENTERPRISES
consider applicants outside of his own organization or employer-
union arrangement for thzt opening. (a) It is the policy of the Government that minority business en-
(h) As used in this clause: (1) "All suitable employment open- terprises shall have the maximum practicable opportunity to par-
ings" includes- but is not limited to, openings which occur in the ticipate in the performance of Government contracts.
following job categories: production and non-production: plant and (b) The Contractor agrees to use his best efforts to carry out this
office: laborers and mechanics; supervisory and nonsupervisory: policy in the award of his subcontracts to the fullest extent consist-
technical: and executive, administrative, and professional openings ent with the efficient performance of this contract. As used in this
as are compensated on a salary basis of less than$25,000 per year. contract, the term "minority business enterprise" means a busi-
This term includes full-time employment, temporary employment ness. at least 50 percent of which is owned by minority group
of more than three days' duration, and part-time employment. It members or. in case of publicly owned businesses. at least 51 per-
does not include openings which the contractor proposes to fill from cent of the stock of which is owned by minority group members.
within his own organization or to fill pursuant to a customary and For the purposes of this definition, minority group members are
traditional employer-union hiring arrangement nor openings in an Negroes. Spanish-speaking American persons. American-Orientals.
educational institution which are restricted to students of that insti- American-Indians. American Eskimos. and American Aleuts. Con-
tution. Under the most compelling circumstances an employment tractors may rely on written representations by subcontractors
opening may not be suitable for listing, including such situations regarding their status as minority business enterprises in lieu of an
where the needs of the Government cannot reasonably be otherwise independent investigation.
supplied, where listing would be contrary to national security, or
where the requirement of listing would otherwise not be for the best 14. UTILIZATION OF SMALL BUSINESS CONCERNS
interest of the Government.
(2) "Appropriate office of the State employment service sys- (a) It is the policy of the Government as declared by the Congress
tem" means the local office of the Federal/State national system of that a fair proportion of the purchases and contracts for supplies
public employment offices with assigned responsibility for serving and services for the Government be placed with small business
the area where the employment opening is to be filled,including the concerns.
District of Columbia.Guam.Puerto Rico,and the Virgin Islands,
(3) "Openings which the contractor proposes to fill from with- (b) The Contractor agrees to accomplish the maximum amount
in his own organization" means employment openings for which no of subcontracting to small business concerns that the Contractor
consideration will be given to persons outside the contractor's or- finds to be consistent with the efficient performance of this contract.
ganization (including any affiliates, subsidiaries. and the parent 15. UTILIZATION OF LABOR SURPLUS AREA CONCERNS
companies) and includes any openings which the contractor pro-
poses to fill from regularly established"recall"lists. following clause is applicable if this contract exceeds
(4) "Openings which the contractor proposes to fill pursuant $5(The )
to a customary and traditional employer-union hiring arrange-
ment" means employment openings which the contractor proposes
to fill from union halls. which is part of the customary and tradi- '(a) It is the policy of the Government to award contracts to labor
tional hiring relationship which exists between the contractor and surplus area concerns that (1) have been certified by the Secretary
representatives of his employees. of Labor (hereafter referred to as certified-eligible concerns with
(i) The contractor agrees to comply with the rules, regulations. first or second preferences) regarding the employment of a proper-
and relevant orders of the Secretary of Labor issued pursuant to the tionate number of disadvantaged individuals and have agreed to
Act perform substantially (i) in or near sections of concentrated unem-
(I) In the event of the contractor's noncompliance with the re- ployment or underemployment or in persistent or substantial labor
quirements of this clause.actions for noncompliance may be taken surplus areas or(ii)in other areas of the United States,respective y.
in accordance with the rules. regulations,and relevant orders of the or(2)are noncertified concerns which have agreed to perform sub-
Secretary of Labor issued pursuant to the Act. stantially in persistent or substantial labor surplus areas.where this
(k) The contractor agrees to post in conspicuous places available can be done consistent with the efficient performance of the con-
to employees and applicants for employment notices in a form to tract and at prices no higher than are obtainable elsewhere. The
be prescribed by the Director, provided by or through the contract- Contractor agrees to use his best efforts to place his subcontracts in
ing officer. Such notice shall state the contractor's obligation under accordance with this policy.
the law to take affirmative action to employ and advance in employ- (b) In complying with paragraph (a)of this clause and with para-
ment qualified disabled veterans and veterans of the Vietnam era graph (b)of the clause of this contract entitled "Utilization of Small
for employment.and the rights of applicants and employees. Business Concerns"the Contractor in placing his subcontracts shall
(I) The contractor will notify each labor union or representative observe the following order of preference: (1)Certified-eligible con-
of workers with which it has a collective bargaining agreement or terns with a first preference which are also small businessconcerns:
other contract understanding.that the contractor is bound by terms (2) other certified-eligible concerns with a first preference: (3)cer-
of the Vietnam Era Veterans Readjustment Assistance Act, and is tified-eligible concerns with a second preference which are also
committed to take affirmative action to employ and advance in em- small business concerns; (4) other certified-eligible concerns with a
ployment qualified disabled veterans and veterans of the Vietnam second preference: (5) persistent or substantial labor surplus area
era. concerns which are also small business concerns: (6)other persist-
GSA Form 1685 Page 3(Rev 7-76)
• 4
ent or substantial labor surplus area concerns: and (7)small busi- (1) To comply with all the requirements of section 114 of the
ness concerns which are not labor surplus area concerns. Clean Air Act, as amended(42 U.S.C. 1857,et seq.,as amended by
Public Law 91-604)and section 308 of the Federal Water Pollution
16. EMPLOYMENT OF THE HANDICAPPED Control Act(33 U.S.C. 1251 et seq.,as amended by Public Law 92-
500),respectively,relating to inspection,monitoring.entry,reports.
(a) The contractor will not discriminate against any employee or and information,as well as other requirements specified in section
applicant for employment because of physical or mental handicap 114 and section 308 of the Air Act and the Water Act, respectively,
in regard to any position for which the employee or applicant for and all regulations and guidelines issued thereunder before the
employment is qualified. The contractor agrees to take affirmative award of this contract.
action to employ,advance in employment and otherwise treat quali- (e) Thatperformed no portion itothe work onrequiredthe itbnmthiprimetlProtection contract
fied handicapped individuals without discrimination based upon will cList
ofViolatingin facility listedsonthethe date when
Environmental cl rat ws
their physical or mental handicap in all employment practices such Agency List of Facilities when this contract was
as the following: employment, upgrading, demotion or transfer, awarded unless and until the EPA eliminates the name of such facil-
recruitment,advertising, layoff or termination,rates of pay or other ity or facilities from such listing.
forms of compensation, and selection for training, including ap- (3) To use his best efforts to comply with clean air standards
forms
and clean water standards at the facility in which the contract is
being performed.
(b) The contractor agrees to comply with the rules, regulations.
and relevant orders of the Secretary of Labor issued pursuant to the nonexempt(4o insert subcontract,the substance of ingthe hiprs paragraphaons f this clause into
Rehabilitation Act of 1973.as amended. any including this (a)(4).
(c) In the event of the contractor's noncompliance with the re (b) The terms used in this clause have the following meanings:
quirements of this clause.actions for noncompliance may be taken (1) The term "Air Act" means the Clean Air Act,0as4).
amended
in accordance with the rules, regulations and relevant orders of the (42 U.S.C.The1term et seq.,as amended s Public l Wateraw Pollution
Con-
Secretary of Labor issued pursuant to the Act. (2) ,"Water Act" means Federal Water Pollution
(d) The contractor agrees to post in conspicuous places, avail-
Law
Act,as amended(33 U.S.C. 1251 et seq.,as amended by Public
able to employees and applicants for employment,notices in a form Law 92 500).
to be prescribed by the Director, Office of Federal Contract Compli- (3) The term "clean air standards" means any enforceable
rules.Programs, Department of Labor, provided by or through the trols,rules,prohibitions,
regulations, guidelines,requirements standalw ich are ontain, in,con
contracting officer. Such notices shall state the contractor's obliga- issue and r,tions, er ise a opturra which are contained or Execu-
tion under the law to take affirmative action to employ and advance issued Ordere11738, napse adopted pursuant to the Air Act or ribed
in employment qualified handicapped employees and applicants five an he Clean
implementationAirct (4U. . plans 1857c-5(d)).ban
for employment,and the rights of applicants and employees. inapproved ple nf aths Cl procedure Act plan2 U.S.C. rsection
111(c)an
(e) The contractor will notify each labor union or representative r sects implementation respectively,
ec i ly, fthAiror under section
of workers with which it has a collective bargaining agreement or
or section 111(d), respectively,of the Act(42 U.S.C. 1857c-6(c)
other contract understanding. that the contractor is bound by the or (d(d)),of the an Air Acappt(42 implementationc-7procedure under section
terms of section 503 of the Act and is committed to take affirmative I12(d) Act eU.S.C.1 standards"
7(d)).
(4) The term "clean water stanmeans any enforceable
action to employ and advance in employment physically and men- limitation; control, condition, prohibition, standard, or other re-
tally handicapped individuals. quirement which is promulgated pursuant to the Water Act or con-
(f) The contractor will include the provisions of this clause in tasted in a permit issued to a discharger by the Environmental
every subcontract or purchase order of $2,500 or more unless ex- Protection Agency or by a State under an approved program, as
emoted by rules. regulations,or orders of the Secretary of Labor is- authorized by section 402 of the Water Act(33 U.S.C. 1342), or by
sued pursuant to section 503 of the Act,so that such provisions will local government to ensure compliance with pretreatment regula-
te binding upon each subcontractor or vendor. The contractor will tions as required by section 307 of the Water Act(33 U.S.C. 1317).
take such action with respect to any subcontract or purchase order
as the Director, Office of Federal Contract Compliance Programs. (5) The term "compliance" means compliance with clean air
or water standards.Compliance shall also mean compliance with a
may direct to enforce such provisions,including action for noncom-
pliance. schedule or plan ordered or approved by a court of competent juris-
diction, the Environmental Protection Agency or an air or water
17. CLEAN AIR AND WATER pollution control agency in accordance with the requirements of the
Air Act or Water Act and regulations issued pursuant thereto.
(6) The term "facility" means any building, plant, installation,
(Applicable only if the contract exceeds$100,000.or the contract- structure, mine. vessel or other floating craft, location, or site of
ing officer has determined that orders under an indefinite quantity operations,owned, leased,or supervised by a contractor or subcon-
contract in any one year will exceed $100,000, or a facility to be tractor, to be utilized in the performance of a contract or subcon-
used has been the subject of a conviction under the Clean Air Act tract. Where a location or site of operations contains or includes
(42 U.S. 1857c-8(c)(1))or the Federal Water Pollution Control Act more than one building, plant, installation, or structure,the entire
(33 U.S.C. 1319(c)) and is listed by the EPA, or the contract is not location or site shall be deemed to be.a facility except where the
otherwise exempt.) Director, Office of Federal Activities, Environmental Protection
Agency,determines that independent facilities are collocated in one
(a) The Contractor agrees as follows: geographical area.
GSA Form 1685Page4(Rev.7-76)
• 111
GSA FORM 1685-A (5-82) Addendum N o . 6
General Services Administration
Supplemental Provisions
(Utility Service Contract)
Changes, Additions and Deletions to GSA Form 1685 (Rev. 7-76)
Paragraph 2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(i) Subparagraph (a) is amended by deleting the figure "$2,500"
following the word "exceeds" and substituting therefor the figure, "$10,000".
(ii) Subparagraph (c), second sentence, is amended by deleting the figure
"$2,500" following the word "exceeding" and substituting therefor the
figure,"$10,000".
Paragraph 9-DISPUTES-and Paragraph 12-PAYMENT OF INTEREST ON CONTRACTOR'S
CLAIMS-are hereby deleted and the following clause is substituted therefor:
DISPUTES
(Effective June 1, 1980, for contracts exceeding $10,000)
(a) This Contract is subject to the Contract Disputes Act of 1978 (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) (i) As used herein, "claim" means a written demand or assertion by
one of the parties seeking, as a legal right, the payment of money, adjustment
or interpretation of contract terms, or other relief, arising under or
relating to this Contract.
(ii) A voucher, invoice, or 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 not acted upon in a reasonable time, or
disputed either as to liability or amount, it may be converted to a claim
pursuant to the Act.
(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
Contract 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 executed 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 Contracts claims of $50,000 or less,Alte Contracting Officer
must render a decision within 60 days. For Contrac. r 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.
(g) The authority of the Contracting Officer under the Act does not
extend to claims or disputes which by statute or regulation other agencies are
expressly authorized to decide.
(h) Interest on the amount found due on a Contractor claim shall be paid
from the date the claim is received by the Contracting Officer until the date
of payment.
(i) Except as the parties may otherwise agree, pending final resolution
of a claim by the Contractor arising under the Contract, the Contractor shall
proceed diligently with the performance of the Contract in accordance with the
Contracting Officer's decision.
Paragraph 13-UTILIZATION OF MINORITY- BUSINESS ENTERPRISES-and Paragraph
14-UTILIZATION OF SMALL BUSINESS CONCERNS-are hereby deleted and the following
clause, implementing Section 211 of P.L. 95-507, is substituted therefor:
UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS
(a) It is the policy of the United States that small business concerns
and small business concerns owned and controlled by socially and economically
disadvantaged individuals shall have the maximum practicable opportunity to
participate in the performance of contracts let by any Federal agency.
(b) The Contractor hereby agrees to carry out this policy in the awarding
of subcontracts to the . fullest extent consistent with the efficient
performance of this Contract. The Contractor further agrees to cooperate in
any studies or surveys that may be conducted by the Small Business
Administration or the contracting agency which may be necessary to determine
the extent of the Contractor's compliance with this clause.
(c) (1) As used in this Contract, the term "small business concern" shall
mean a small business as defined pursuant to Section 3 of the Small Business
Act and relevant regulations promulgated pursuant thereto.
(c) (2) The term "small business concern owned and controlled by socially
and economically disadvantaged individuals" shall mean a small business
concern:
(i) which is at least 51 per centum owned by one or more
socially and economically disadvantaged individuals; or in the case of any
publicly owned business, at least 51 per centum of the stock of which is owned
by one or more socially and economically disadvantaged individuals; and
(ii) whose management and daily business operations are
controlled by one or more such individuals.
2
The Contractor 11 presume that socially arta*oaemteaLLy aisaavantaged
individuals include lack Americans, Hispanic Am cans, Native Americans,
.Asian-Pacific Americans, and other minorities, or any other individual found
to be disadvantaged by the Small Business Administration pursuant to Section
8(a) of the' Small Business Act.
(d) Contractors acting in good faith may rely on written representations
by their subcontractors regarding their status as a small business concern or
a small business concern owned and controlled by socially and economically
disadvantaged individuals.
Paragraph 15. UTILIZATION OF LABOR SURPLUS AREA CONCERNS
The contents of paragraph 15 are deleted in its entirety and the following
substituted therefor:
(The following clause is applicable if this contract exceeds $10,000.)
(a) It is the policy of the Government to award contracts to labor surplus
area concerns that agree to perform substantially in labor surplus areas,
where this can be done consistent with the efficient performance of the
contract and at prices no higher than are obtainable elsewhere. The
Contractor agrees to use his best efforts to place his subcontracts in
accordance with this policy.
(b) In complying with paragraph (a) of this clause and with paragraph (b) of
the clause of this contract entitled "Utilization of Small Business
Concerns and Small Business Concerns Owned and Controlled by Socially and
Economically Disadvantaged Individuals," the Contractor in placing his
subcontracts shall observe the following order of preference: (1) Small
business concerns that are labor surplus area concerns, (2) other small
business concerns, and (3) other labor surplus area concerns.
(c) (1) The term "labor surplus area" means a geographical area identified by
the Department of Labor as an area of concentrated unemployment or
underemployment or an area of labor surplus.
(2) The term "labor surplus area concern" means a concern that together
with its first-tier subcontractors will perform substantially in
labor surplus area.
(3) The term "perform substantially in labor surplus areas" means that
the costs incurred on account of manufacturing, production, or
appropriate services in labor surplus areas exceed 50 percent of the
contract price.
• Paragraph 16. EMPLOYMENT OF THE HANDICAPPED
Subparagraph (f), is amended by deleting the figure "$2,500" following the
words "order of" and substituting therefor the figure, "$10,000."
3
Paragraph 18. ANTI-DEFIVENCY ACT (31 U.S.C. 665) 410
Nothing herein contained shall be construed as binding the Government to
expend, in any one fiscal year, any sum in excess of the appropriation made by
• Congress for that fiscal year in furtherance of the subject matter of the
Contract or to involve the Government in any contract or other obligation for
the future expenditure of money in excess of such appropriation.
Paragraph 19. GRATUITIES (10 U.S.C. 2207)
(This clause is applicable to the extent that utility services are used wholly
or in part by installations of the Department of Defense.)
(a) The Government may, by written notice to the Contractor, terminate
the right of the Contractor to proceed under this Contract if it is found,
after notice and hearing, by the Head of the agency or his duly authorized
representative, that gratuities (in the form of 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 Government
with a view toward securing a contract or securing favorable treatment with
respect to the awarding or amending, or the making of any determinations with
respect to performing, of such contract; provided that the existence of the
facts upon which the Head of the agency or his duly authorized representative
make 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 paragraph (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 this
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 Head of the agency or his duly authorized representative)
which shall be not less that three nor more than ten times the cost 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
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Contract.
Paragraph 20. UTILIZATION OF WOMEN-OWNED BUSINESS CONCERNS
(Effective June 1, 1980, for contracts Over $10,000 by Presidential Executive
Order No. 12138)
(a) It is the policy of the United States Government that women-owned
businesses shall have the maximum practicable opportunity to participate in
the performance of contracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry out this
policy in the award of subcontracts to the fullest extent consistent with the
efficient performance of this Contract. As used in this Contract, a
"woman-owned business" concern means a business that is at least 512 owned by
a woman or women who also control and operate it. "Control" in this context
means exercising the power to make policy decisions. "Operate" in this
context means being actively involved in the day-to-day management. "Women"
means all women business owners.
4