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Home My WebLink About1215 - United States Navy Facilities NW - Agreement - Utility ContractA WARD/CONTRACf I. THISCONTRACT ISARATE!JORDER IRA TING PAGE OF PAGES UNDER o r AS ( 15 CFR 700) 1 I 22 2. CONTRACT 11•wc '"'' l.knt.J NO. 3. EFFECTIVE DATE N44255-15-~0023 28 J ul 201~ , 4. REQUISITION/PURCllASE REQUEST/PROJECT NO. 5.l ~ED BY CODE N44255 6. APMIN IST ERED BY (//Dll"'"""''""'J/ CODE NAVFAC NOR TH'llEST 110 1TAUTOG CIRCLE SI LVERDALE W\111315-1101 See Item 5 j i I 7. NAME AND ADDRP.SS OF CONT RAC"TOR (/\'n .. J ftrtt ell)-. co1111~r. j/tilt tffttliip ~"'1t) 8 . DELIVERY MAAYS\t\Ll.E, CITY OF L ) FOBORIGIN ( X] OTHER (.f<r brluw) 1049STATEAVE STE201 I 9. DISCOUNT 1'01\ l'llOMPTPA YMENT MARYS\t\LLE W>. SllV0-4234 I . 10. SUBMITIN'.()ICES ITEM I (../ cu11I-• 1mlrJJ OIMm•iu-11~i.·!)r11) TO lHF. t\OORF.SS CODE 04WJ4 FACIL ITY CODE ! SHOWN IN : 11. SHIP TO/MAllK FOR CODE N44255 12 .;PAYMENT WILL BE MADE BY CODE NE511732 NAVFt\C NORTH~ST DFAS Cl£VEVINO CHARLES D. BENSON ACCOUNTS PAYABLE 1101T AUTOO CIRCLE P090X9!ll!022 SILVEROAIEW>.!113 15-1101 CLE\/El.AND OH 4419).8022 13 . AUT HORlTY FOR USING OTHER T HAN FULL AND OPEN 14 . ACCOUNTING AND APPROPRIAT ION DAT A COMPETITION: ( X ] 10 U.S.C. 2304(c)( 1 } [ ] 41 U.S.C. 253(c)( } I 5A. !TUM NO. I SB. SUPP LI ES' Sl:i RYI CES 15<!. QUANT ITY 15 D. UN IT I 5E. UN IT PRI CE 151'. AMOUNT SEE SCHEDULE ISG, TOTALAMOUNTO F CONTRA"CT $0.0ll 16. TABL E OF CONTENTS Xl SEC. DESCRIPTION PAGEISI IX \ SEC. DESCRl l'TJON-PAGEISl l'ARTI -1HESCHffilll.F. PARTll • CON1RACTCL.\t-JSES x A SOLICITATION/CONTRACT' FORM 1 x I CONTRACI' CLAUSES 9. 21 x ll SUP PLIES OR SERYlCESAND P RICES'COSfS 2 PARTlll -LIS TO FDOCUMENTS E:Xllllll1S ANO 01HID ATli\CllMENlS x c DESCRl.PTION/ SPECS./ WORK STATEMENT 3.4 x J LIST OF ATTACHMENTS 22 D PACKAGING AND MARK IN G I PAlfl'IV · 1Ul'RE5ENTA110 NS AND lNS'lllUCTIONS x E INSPECT ION AND ACCGPTANCE 5 K REPRESENT A 'flONS, CERTIFI CATIONS AND x f DELIVERIES OR PERFORMANCE 6 OTI IER Sf AT~MENT S Or OFFERORS x (I CONTRACl' ADMINIST RAT ION l>ATA 7 I. INST RS CONIDS. AND NOT ICES T-0 OFl'ERORS x H SPECIAL CONT RACT' REQUIREMENTS 8 ' M EVALUATION FACl'ORSFOR AWARD CONTR6.CT ING OFFI CER WILL CTOM J>l.ETE ITr:1\A 17 Oil I H ASAl'l'LJ.Ch_fil.£ 17 IX I CONTRACTOR'S Nl!C'.01 IAT~ll AGREEMENT ro"'"''°' "rcq.;redJo.iii:n1Ji> cbcu!Jls:r:t e!Jd ('1'2m 'l!cir:l 111 iilll:lll 11[(H;~.) Contractor •CJCCS., rurnish •nd dcll\"'CI an ik:msor pc1fof m all lh.c:.JCJvit:U~' (011tJ W olht'fWisc idcmiftcdlllo\"C: and or-any (OOlinv~rion 1lttt5 tor die coru1dc111ion 3tat:d he1ein The 1ightt; and obh!;1•on' or the p.arhn to lh li conrtael Viall b& ~ltbJtCI 10 And l.1)Ytrnrd by 1ht fol lowi"i: documents (1, 1hh 1wardlconlf•Cl, (b) the "°'1c1btiun, if any, 11nd (e) suc h rtroviiio:n, rcprocnl:.hon), ccrlift<.alion\, and spccilicatiom •• l'I'\: llfC ~ftllt'hcrt nr tn<Olf'IOtftlCd hy refe re nce Ile rein (~11:t.1;bauzn 1s MC l•s1i::d bu tin) J9A. NAME AND TITl ,E OF SIGNER (7)7Jt'f'1 /11'1111) ---Jc:>r1 f/rhn 1;tJ , /111t'-/t> r 1913. NAME or fX)NTRACTOR I 19C. DATE SIGIED - ( -~ /--~:Y _,,;:,_ .L" 1 / --/./..'-:_...., 7 -2J -/S BY ' - ,./~ (.\ij.;1H1l1m• uJ1••nn111t~~J t11 usn) / 1.U1HC>RIZW fOl\LO t AL. IW'KOIJ lCTION / [] corv II I J AWAIU) C.Cmtt~rtftuired10vcn ft1)doc.umcn!) Your offr r-0n Sohcttnon Number N4~255r1f>.R-0023 in:kul.115 lho tddiDoni or ch;u1ges mndo b)• y ou \~ich •ddtboni or ch1'1&'1 arc ~t for lh 1n full o\boV<. •s hereby 11cccptcd •~to tl~ 1l~tos i.,.cd abo"·c Andon an)· eominu11non ihccts Th1.s l\vard c.onsvmn111c:s the c:an111ct which COMiruof du: foli\)\W.g docunitnlS (a} lhc. Govitr nmcn(s "WJf1ci1atiD11 ond yout offer. a nd (b) Gus Q\\'lltdlconltac1 Nu runhef C~Rh';\Ctu.11 doc'"ucnl IS nccu.siuy 201\. NAME OFCONTRAp1NaorF1cc:R Chur~ r D, f3 ef\5 u V'\ T£J 1(,0) 3 ~ b' () (}~ l... EWU L : clw cJ(. b ~11:P"l~Al .. v v. "'.-.! 200. fn' (.~(k1t1t1i· '!IC.11111nt·1f1tt: <UK«rJ 20C. DATE SIGNED J-2 Ju ( IS STANOARJ'J fORM 1'1(RF.V '4/lOOg) l'rutril>ed by CSA f/,K (<ICfRI )) 21•(•1 Section B -Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES 0001 QUANTITY 414,000 Waste/Sewer at Family Service Center FFP UNIT Each UNIT PRICE $1.00 Provide potable water and sewer service at Smokey Point Navy Support Complex, Marysville WA, under the current rate schedule shown as in Section J, Attachment 2 which is valid for 2015 and 2016. Section I4.07.060 (water) shall apply the Rural (CWSP) rate for 6" and 8" inch meters. Section 14.07.070 (Sewer) shall apply the Rural (UGA) "Class 3" Commercial rate for sewer service. These services are provided under City account number 31 -04250000-00 FOB: Destination ITEM NO SUPPLIES/SERVICES 0002 QUANTITY 276,000 Waste/Sewer at Navy Lodge FFP UNIT Each NETAMT UNIT PRICE $1.00 Provide potable water and sewer service at the Navy Lodge, Marysville WA, under the current rate schedule shown as in Section J, Attachment 2 which is valid for 2015 and 2016. Section 14.07.060 (water)shall apply the "CWSP" rate for a 3" inch.meter-for potable water and fire sprinkler connections for 2" and 3" line sizes. Section 14.07.070 (Sewer) shall apply the Rural (UGA) "Hotel/Motel" rate for sewer service. These services are provided under City account number 31- 04260000-00. Also there is an irrigation connection not subject to sewer fees provided under City account 31-0428000-00 FOB: Destination NETAMT N44255-J 5-C-0023 Page 2 of22 AMOUNT $414,000.00 EST $414,000.00 (EST.) AMOUNT $276,000.00 EST $276,000.00 (EST.) Section C -Descriptions and Specifications WORK STATEMENT AND LOCATIONS WORK STATEMENT !. PREMISES TO BE SERVED: CLIN 0001: Account number 3 I-04250000-00 Family Service Center 13828 45th Avenue N.E. Marysville, WA 98270 N44255-15-C-0023 Page 3 of22 The following facilities at the Family Service Center are provided water and sewer service under this account : Location Building -813900 (NEX, Commissary) NEXCOM, DECA -813906 (Gas Station) NEXCOM -813908 (Pump House) CNIC -813910 (FSC) CNIC -813912 (Welcome Center) CNIC, NJROTC -813914 (Chapel) CNIC -813918 (NGIS) CNJC -8 13922 (Arts & Crafts) CNI C -813928 (Auto Hobby Shop) CNIC CLIN 0002: Account 31-04260000-00 Water and Fire Sprinklers Account 31-04280000-00 Irrigation System Navy Lodge 14320 45•h Avenue N.E. Marysville V./ A 2. ESTIMATED-SERVICE: a. Estimated annual water consumption: CLIN 0001 -500,000 cubic feet b. Estimated aIU1ual sewage capacity requirements: CLIN 0001 -500,000 cubic feet 3. POINT OF CONNECTION/LOCATION: N44255-15-C-0023 Page 4 of22 a. Water service: Adjacent to 45th Avenue N.E. three connections near Buildings 13912, 13906 and 14320 (Navy Lodge) The Fire Service connection is also near Building 14320 (see Section J, Attachment 1) b. Deduct water meters used for calculating the final sewer volumes are located near Building 13908, the fire protection pump house (south westerly portion of the site) and near Building 13928, the auto hobby shop facilities (westerly portion of the site). c. Sewer Service: Adjacent to 45th Avenue N. E. also near Buildings 13912, 13906 and 14320 (Navy Lodge) (see Section J, Attachment 1) 4. DESCRIPTION OF SERVICE WATER: The utility service provider shall provide at its expense all necessary facilities and permits required to connect to the Government's water distribution system for purposes of providing water service. The utility service provider shall take all reasonable efforts to continuously provide 700 gallons per minute of water at a pressure of 40 pounds per square inch gauge. The peak fire flow is 890 gallons per minute. SEWER: The utility service provider shall provide at its expense all necessary facilities and permits required to connect to the Government's sewage collection system for purposes of providihg-sewage service. 5. QUALITY OF WATER SERVICE The water supplied w!-1-1 be-clear, potable, safe for human consumption in accordance with the applicable standards adopted by and from time to tin1e revised by Federal, state, and local agencies having regulatory authority. 6. PERMISSION TO ENTER SERVICE LOCATION The Government hereby _grants to-the City of Marysville Public Works Department a revocable pennit to enter the service location-for any work related to the requirements under this contract. Authorized representatives of the uti-Jity serVice provider will be allowed access to the facility at suitable times to perform the obligations of the utility service provider with respect to this contract. It is expressly understood-thatthe Government may limit or restrict the right of access herein granted in an)Ltnanner considered to be necessary for the national security. 7. TERM This contract shall _continue in effect for a period of I 0 years from the effective date shown in Block 3 of the SF 26-contract Oocument or until terminated at the opt-ion of the Government by giving written-notice not Jess than 30 days in advance of the effective.date of termination. Section E -Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN 0001 0002 INSPECT AT NIA NIA INSPECT BY NIA NIA ACCEPT AT NIA NIA N44255-15-C-0023 Page 5 of22 ACCEPT BY Government Government Section F -Deliveries or Performance DELIVERY INFORMATION CL!N DELIVERY DATE 0001 POP 28-JUL-2015 TO 27-JUL-2025 0002 POP 28-JUL-2015 TO 27-JUL-2025 QUANTITY NIA NIA CLAUSES IN CORPORA TED BY REFERENCE 52.247-34 F.O.B. Destination SHIP TO ADDRESS NA VF AC NORTHWEST CHARLES D. BENSON 1101 TAUTOG CIRCLE SILVERDALE WA 98315-1101 360-396-0052 FOB: Destination (SAME AS PREVIOUS LOCATION) FOB: Destination NOV 1991 N44255-l 5-C-0023 Page 6 of22 UIC N44255 N44255 N44255-l 5-C-0023 Section G -Contract Administration Data CONTRACT ADMIINISTRATIONDATA 1. Invoices Page 7 of22 a. Invoices for CLIN 0001 and 0002 for water service, shall contain statements of the meter readings at the beginning and end of the billing period including consumption during the billing period. Billing shall be on a bi-monthly basis. b. 1) Invoices for sewer service for CLIN 0001, Family Service Center, shall contain statements of water meter readings showing the consumption adjustments for the two (2) deduct meters during the billing period. Sewer billing shall be on a bi- monthly basis. 2) Invoices for sewer service on CLIN 0002, Navy Lodge, shall reflect the current sewer rate classification for Rural Hotels/Motels. Sewer billing shall be bi-monthly. c. Submit invoices to the following addresses: 2. Other Co1nmunication CLIN 0001 -Account 31-04250000-00 Utility Invoice Processing Center NW 50 FW 00001 - - - Box 159 9226 Third A venue Norfolk VA 23511-2313 CLIN 0002 -Accounts 31-04260000-00 and 31-04280000-00 Navy Lodge Manager Building 14320· 45 1h A venue NW Marysville WA 98271 All other communication regarding this contract.shall be addressed as follows: Uti-!-ity Service Provider Government City of Marysville Attn Public Works Department 80 Columbia A venue Marysville WA 98270 -Phone: 360-363-8100 N-aval Facilities Engineering Command Attn Utilities Contracts llOl Tautog-Circle Silverdale WA 98315-1101 3. Accounting and Appropriation Data The Certifying Official will cite funding for-recurring services on each invoice 4. Rate Changes The City of Marysville will notify the Navy of any rate changes as far in advance as possible. Any change in rates will be done in accordance with FAR 52.241-8 Changes Jn Rates or Terms And Conditions Of Service For Unregulated Services. Section H -Special Contract Requirements MUNICIPAL CODES Municipal Codes N44255-l 5-C-0023 Page 8 of22 I. As allowed by City Of Marysville (COM) Municipal Code, CUN 0001, two (2) separate deduct meters are installed which shall be used as a means to measure the amount of sewage discharge. The deduct meter readings shall be subtracted from the main water meter reading and the sewage billing based upon the difference. The utility service provider shall read the deduct meters on the same schedule as the master 1neter. Deduct meters are not applicable for CLIN 0002 due to its classification as a Hotel/Motel under the City code referenced above. There is an irrigation meter on a separate account at the Navy Lodge which is not subject to sewer charges. 2. The Government agrees to comply with all municipal codes and ordinances of the contractor relating to its sewer and water utilities as they now read or are hereinafter amended. The Government agrees to pay the utility connection fees in effect at the time of the connection and the prevailing rates for sewer and water customers as provided by ordinance and incorporated into the contract by modification. Section I -Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52.203-10 52.203-12 52.204-4 52.204-10 52.209-6 52.215-8 52.215-11 52.215-13 52.219-8 52.222-3 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37 52.222-40 52.222-50 52.223-6 52.223-18 52.225-13 52.229-4 52.232-25 52.232-33 52.233-1 52.233-3 52.241-2 52.241-4 52.241-5 52.241-11 52.242-13 52.244-5 52.244-6 Definitions Gratuities Covenant Against Contingent Fees Restrictions On Subcontractor Sales To The Government Anti-Kickback Procedures Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Price Or Fee Adjustment For Illegal Or Improper Activity Limitation On Payments To Influence Certain Federal Transactions Printed or Copied Double-Sided on Postconsumer Fiber Content Paper Reporting Executive Compensation and First-Tier Subcontract Awards NOV 2013 APR 1984 MAY 2014 SEP 2006 MAY2014 MAY2014 MAY 2014 OCT 2010 MAY 2011 JUL 2013 Protecting the Government's Interest When Subcontracting AUG 2013 With Contractors Debarred, Suspended, or Proposed for Debarment Order ofPrecedence--Uniform Contract Format OCT 1997 Price Reduction for Defective Certified Cost or Pricing Data--AUG 2011 Modifications Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 Utilization of Small Business Concerns OCT 2014 Convict Labor Prohibition Of Segregated Facilities Equal Opportunity Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons Drug-Free Workplace Encouraging Contractor Policies To Ban Text Messaging While Driving Restrictions on Certain Foreign Purchases Federal, State, And Local Taxes (State and Local Adjustments) Prompt Payment Payment by Electronic Funds Transfer--System for Award Management Disputes Protest After Award Order of Precedence -Utilities Change in Class of Service Contractor's Facilities Multiple Service Locations Bankruptcy Competition In Subcontracting Subcontracts for Commercial Items JUN2003 APR 2015 APR 2015 JUL 2014 JUL 2014 JUL 2014 DEC 2010 MAR2015 MAY2001 AUG 2011 JUN 2008 FEB 2013 JUL 2013 JUL 2013 MAY2014 AUG 1996 FEB 1995 FEB 1995 FEB 1995 FEB 1995 JUL 1995 DEC 1996 APR 2015 N44255-l 5-C-0023 Page 9 of22 52.249-1 52.249-2 52.253-1 252.203-7000 252.203-7001 252.203-7002 252.204-7003 252.209-7004 252.215-7000 252.225-7012 252.232-7003 252.241-700 I 252.243-700 I 252.244-7000 Termination For Convenience Of The Government (Fixed Price) (Short Form) Termination For Convenience Of The Government (Fixed- Price) Computer Generated Fonns Requirements Relating to Compensation of Former DoD Officials APR 1984 APR2012 JAN 1991 SEP2011 Prohibition On Persons Convicted ofFraud or Other Defense-DEC 2008 Contract-Related Felonies Requirement to Inform Employees ofWhistleblower Rights SEP 2013 Control Of Government Personnel Work Product APR 1992 Subcontracting With Firms That Are Owned or Controlled By DEC 2014 The Government of a Country that is a State Sponsor of Terrorism Pricing Adjustments Preference For Certain Domestic Commodities Electronic Submission of Payment Requests and Receiving Reports Government Access Pricing Of Contract Modifications Subcontracts for Commercial Items DEC2012 FEB 2013 JUN 2012 DEC 1991 DEC 1991 JUN 2013 CLAUSES INCORPORATED BY FULL TEXT N44255-15-C-0023 Page 10 of22 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RJGHTS (APR 2014) (a) This contract and employees working on this contract will be subject to the whistleblo·wer rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whlstleb-lower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. ( c) The Contractor shall insert the substance of this clause, including this paragraph ( c ), in all subcontracts over the simplified acquisition threshold. (End of clause) 52.204-19 INCORi'ORA TION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) N44255-15-C-0023 Page 11 of22 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013) (a) Definitions. As used in this clause--Commercially available off-the-shelf(COTS) item- (1) Means any item of supply that is-- (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.l(c)(2), ··bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intennodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United -st-ates, under a contract that is r-equired to include the clause prescribed at 22. 1803. An employee is not considered to be directly performing work under a contract if the employee-- (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam,. the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-- (i} Enroll. Enroll as a Federal Contractor in the-E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E- Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and N44255-15-C-0023 Page 12 of22 (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use £-Verify to initiate verification of employment eligibility of-- (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E- Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b )(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. IOOl(a)); a State or local government or the govenunent of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees_ assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable-verification requirements at (b )(!) or (b )(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. ( 4) Option to verify-employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after Novemberu, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee-working in the United States who was hired after Noverriber 6, 1986 (after November 27, 2009, in the Commonwealth oftfie Northern Mariana Islands), within 18U calendar days of-- ti) Emollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information-provided irrthe E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply,_for the period of performance of this contract, with the requirements of the E- V erify program M6U. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's M-OU and deny access to the £-Verify system in accordance with-the terms of the MOU. In such case, -the Contractor wit! be referred-to a suspension or debarment official. (ii) During the-period between termination of the MOU and a decision by-the suspension or debarment official whether to suspend nr debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in £-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. N44255-15-C-0023 Page 13 of22 ( d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-- (I) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret infonnation in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that-- (1) Is for--(i) Commercial or noncommercial services (except for commercial services that are part of the purchase ofa COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are nonnally provided for that COTS ite1n); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. (End of clause) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in par.a.graph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement-(EULA}, Terms of Service (TOS), or slmilar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any-other loss or liability that would crea-t-e an Anti-Deficiency Act violation (31 U.S.C. 1341), the following sha!Lgovern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end_user shall be .deemed to have agreed to such clause by-virtue of it appearing in the EULA, TOS~ or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked-through an "I agree" click box or other comparable mechanism (e.g., "click-wrapn or "bro:\\~e-wrap'.' agreements), execution_does not hind the Government or any Government authorized end user to suCh clause. (3)_Any such clause is deemed to be str-ieken from the EULA, TOS, Oi-Similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) N44255-l 5-C-0023 Page 14 of22 (a) Upon receipt of accelerated payments from the Government, the Contractor shalI make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of-this contract. (End of clause) 52.241-3 SCOPE AND DURA Tl ON OF CONTRACT (FEB 1995) (a) For the period 28July2015 until 27 July 2025 (ten (I 0) years) the Contractor agrees to furnish and the G.overnment agrees to pui:chase \Vatcr and Sewer utility service in accordance with the applicable tariffls), rules, and--regulations as approved_ by the-applicable govem-ing regulatory body and-as set forth in-the contract. (b) It is expressly understood that neither the Contractor nor the Government is under-any-obligation to continue any service under the terms and conditions of this contract beyond the expiration date. ( c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved-rates. ( d) The Contractor shall be paid at the applicable rate(s)under the tariff and the Government shall be liable for the minimum monthl;Lcharge, if any, specified in this contract commencing-with the period in which service is initially furnished and-continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this-contract become effective. (End of clause) 52.241-6 SERVICE PROVISIONS (FEB 1995) (a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitahle metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the N44255-l 5-C-0023 Page 15 of22 Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than 3o/o percent slow or fast shall be deemed correct. (2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings ofless than 60 days shall be prorated accordingly. (b) Meter test. (J) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding 2 year(s) The Government has the right to have representation during the inspection and test. (2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Govennnent if the percentage of errors is found to be not more than 3% percent slow or fast. (3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 3o/o percent under normal operating conditions. (c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at eaGh location. ( d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable fer damages,_breach 0f-contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the C.ontractor, including but not limited to acts of God or of the public enemy, -fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown oftrarismission or other facilities. If any such failure, suspension, diminution, or other variation of serv-ice shall aggregate more than 8 hour(s) during any-billing period-herelU1der, an equitable adjust1nent shall-be made in the rnonthiy billing specified in this contract (including the minimun1-monthly charge). (End of clause) 52.241-8 CHANGE IN RA TES OR TERMS AND CONDITIONS OF SER VJ CE FOR UNREGDLA TED SERVICES (FEB 1995) (a) This clause applies to the extent that services furnished hereunder_are not subject to regulation by a regµlatory body. (b) After 60 days , either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiati0ns concerning such changes-upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes. ( c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated wilI not be in excess of published and unpublished rates charged to any other customer of the same class under-similar terms and conditions of use and service. (d) The failure of the parties to agree upon any change after areasonable period of time shall be a dispute under the N44255-15-C-0023 Page 16 of22 Disputes clause of this contract (e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. (End of clause) 52.241-9 CONNECTION CHARGE (FEB 1995)-ALTERNATE 1(FEB1995) (a) Charge. In consideration of the Contractor furnishing and installing at its expense the new connection facilities described herein, the Government shall pay the Contractor a connection charge. The payment shall be in the form of progress payments, advance payments or as a lump sum, as agreed to by the parties and as pennitted by applicable law. The total amount payable shall be either the estimated cost of $(as negotiated for each 1nodification applicable to connection charges) less the agreed to salvage value of$(as negotiated for each 111odificat.ion applicable to connection charges), or the actual cost less the salvage value, whichever is less. As a condition precedent to final payment, the Contractor shall execute a release of any claims against the Government arising under or by the virtue of such installation. (b) Ownership, operation, maintenance and repair of new facilities to be provided. The facilities to be supplied by the Contractor under this clause, notwithstanding the payment by the Government of a connection charge, shall be and remain the property of the Contractor and shall, at all times during the life of this contract or any renewals thereof, be operated, maintained, and repaired by the Contractor at its expense. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities, shall be the obligation of the Contractor. ( c) Tennination before completion of facilities. The Gove1nment reserves the right to terminat-e this contract at any time before completion of the facilities with respect to which-the Government is to pay a connection charge. In the event the Government exercises this right, the Contractor shall be paid -the cost of-any work accomplished, including direct and -indirect costs reasonably aI-locable to the completed work prior to the-time of termination by the Government, plus the cost of removal, Jess the salvage value. ( d) Termination after completion of facilities. In the event the Government tenninates this contract after completion of the facilities with respect to which the Government is to pay a connection charge,-the Contractor shall have the following options: (1) To retain in place for (as negotiated for each modificati-on applicable to connection charges) months after the notice of-termination by the Government. If the Contractor and the Government have not agreed on_ terms for retention in place beyond (as negotiated for each inodification app-l-icable to connection charges) months, then the Contractor must remove the facilities pursuant to the terms of subparagraph (d)(2) of this clause. (2) To remove such facilities at the Contractor's own expense within (as negotiated for each n1odification applicable to connection charges) mnnths after the effective date of the tem1ination by the Government. If the Contractor elects to remove such facilities, the Government shall then have the option of purchasing suGh facilities at the agreed salvage value set forth herein; and provided further, that the Contractor shall, -at the direction of the Government, leave in place such facilities located on Government property which the G-0vernment elects -to purchase at the agreed salvage value. (End of clause) 52.241-12-NONREFUNDABLE, NONRECURRING SERVICE CHARGE (FEB 199$) N44255-15-C-0023 Page 17 of22 As provided herein, the Government will pay a nonrefundable, nonrecurring charge when the rules and regulations of a Contractor require that a customer pay (1) a charge for the initiation of service, (2) a contribution in aid of construction, or (3) a nonrefundable membership fee. This charge may be in addition to or in lieu of a connection charge. Therefore, there is hereby added to the Contractor's schedule a nonrefundable, nonrecurring charge foras negotiated for each n1odification applicable to connection charges in the amount of$ dollars payable. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address( es): https://www.acquisition.gov/?q=browsefar (End ofclause) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) When submitting a request for payment, the Contractor shall-- (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract 1-ine item included in the payment request. (End of clause) 252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of-loss, misuse, or unauthorized access to, or modification of information. Attribution information means information that identifies the Contractor, whether directly or indirectly, by the- grouping of information that can be traced back to the Contractor (e.g., program description or facility locations). Compromise means disclosure of information to unauthorized persons, or a violation of the security policy ofa system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor information system means an information system belonging to, or operated by or for, the Contractor. N44255-15-C-0023 Page 18 of22 Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. Cyber incident means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. Exfiltration means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system. Technical information means technical data or computer software, as those terms are defined in the clause at DF ARS 252.227-7013, Rights in Technical Data--Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical Information from compromise. To provide adequate security, the Contractor shall- (1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum- (i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or (ii) lfa NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how- (A) The required security control identified in the following table is not applicable; or (B) An alternative control or protective measure is used to achieve equivalent protection. (2) Apply other information systems security requirements when the Contractor reasonably detetmines that information systems security measures, in addition to those identified in paragraph (b)(l) of this clause, may be required to provide adequate security in a dynamic environtnent based on an assessed risk or vulnerability. Table 1--Minimum Security Controls for Safeguarding Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, "Security and Privacy Controls for Federal Information Systems and Organizations" (http:// csrc. n i st. gov /pub Ii cations/Pu bsS Ps. htm I l.) J Access Control Audit & Identification Media Protection -system & Comm AC-2 Accountability AC-3(4) AU-2 AC-4 AU-3 AC-6 AU-6(1) AC-7 AU-7 AC-11(1) AU-8 AC-17(2) AU-9 AC-18(1) AC-19 Configuration AC-20(1) Managen1ent AC-20(2) CM-2 AC-22 CM-6 CM-7 CM-8 Awareness & Contingency Training Planning AT-2 CP-9 Legend: AC: Access Control AT: Awareness and Training MP: AU: Auditing and Accountability CM: Configur_ation Management CP: Contingency Planning IA: Identification and Authentication IR: Incident -Response MA: Maintenance MP: Media Protection PE: Physical & Environmental Protection PM: Program Management RA: Risk Assessment and Authentication lA-2 lA-4 IA-5(1) Incident Response lR-2 IR-4 lR-5 JR-6 Maintenance MA-4(6) MA-5 MA-6 SC: System & Communications Protection SI: System & Information Integrity N44255-15-C-0023 Page 19 of22 MP-4 Protection MP-6 SC-2 SC-4 Physical and SC-7 Environmental SC-8(1) Protection SC-13 PE-2 SC-15 PE-3 SC-28 PE-5 Program Management PM-10 System & Information Integrity SI-2 Risk Assessment S!-3 SI-4 RA-5 (c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified Information as established by Executive Order 13556, as well as regulations and guidance estabiished pursuant thereto. ( d) Cyber incident and compromise reporting. (1) Reporti11g.requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor's unclassified information systems: (i) Data Universal Numbering System (DUNS). (ii) Contract nun1bers affected unless all contracts by the company are affected. N44255-15-C-0023 Page 20 of22 (iii) Facility CAGE code if the location of the event is different than the prime Contractor location. (iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email). (v) Contracting Officer point of contact (address, position, telephone, email). (vi) Contract clearance level. (vii) Name of subcontractor and CAGE code if this was an incident on a subcontractor network. (viii) DoD programs, platforms or systems involved. (ix) Location(s) of compromise. (x) Date incident discovered. (xi) Type of compromise (e.g., unauthorized access, inadvertent release, other). (xii) Description of technical information compromised. (xiii) Any additional information relevant to the infonnation compromise. (2) Repmiabie cyber incidents. Reportable cyber incidents include the following: (i) A cyber incident involving possible exfiltration, manipulation, or other Joss or compromise of any unclassified controlled technical information resident on or transiting through Contractor's, or its subcontractors', unclassified infonnation systems. (ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor's unclassified information system on which unclassified controlled technical information is resident on or transiting. (3) Other repnrting requirements. This reporting in no way abrogates the Contractor's responsibility for additional safeguarding and cyber incident reporting r-equirements pertaining to its unclassified infonnation systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as citeclin paragraph (c) of this clause). ( 4) Contractor .actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall- (i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited-to, identifying compromised computers, servers, specific data and users accounts. This -includes analyzi-ng-infonnation systems-that were part of the compromise, as well as other information syste1ns on the network that were accessed as a result of the compromise; (ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical infonnation associated with DoD programs, systems or contracts, including military programs, systems and technology; and (iii) Preserve and protect images ofknown affected infonnation systems and all relevant monitoring/packet capture data for at least 9-0 days from the cyber incident to allow DoD to request information or decline interest. N4425 5-l 5-C-0023 Page 21 of22 (5) DoD da1nage assessment activities. lfDoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at ( d)(l) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company1s ability to share digital media. The Contractor shall inform the Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible. ( e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause. (t) Nothing in this clause limits the Government's ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute. (g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items. (End of clause) Section J -List of Documents, Exhibits and Other Attachments ATTACHMENTS Attachment 1 Attachment 2 Map of Marysville Complex City of Marysville Ordinance Section 14.07 Rates for Water and Sewer 2015 -16 N44255-15-C-0023 Page 22 of22 I I I J: ,;; " -~ ~ ~ LEGEND: 1 :3!)00 CO~Il\IISSAHY / KAVY EXCHA:JGE 13902 CITGO GAS STATION 13906 CITGO COJ\VENIENCE 1'.39DH b'Jr:l.DHOUS~~ 13910 FAMTLY SERVICES BOS CO\J'l'IV\CTOI-?. COLUMBIA COLLEGE NA\'Y/MAh'll\I': COR.l-'S RELIEF R.f:D CROSS THRIFT SHOP 1:191(2 Wl,:l.COM!': CJ<:_\J'J'~;R CHILD DEV CE?\TER ~'AMll.Y FITN!"::-)S JR OTC [ UTILITIES KEY: I ~.F''"i' '~I-IT fl;~ ·_·u,.1.:u11:;·.1r.:1·1'.; ! c-- --lo~ I POTABLE WATER ------- 'IR:. ':>i'~ll'il\U:8S-- IO i~ o;;: \1AR\ F'OWFR I .-\h'v l:·HJll.- 13918 1 :-H122 J3926 1 :192B 13962 1 ~1SJ68 139~10 1.1:3;::0 "-~ 11 I IL ,k· i1 \" .~ ,j i:J. I·- ~'.i!!::.. '= .=i,~1 I! ,., n' * PLl-31,IC R~:STJ-\00~'13 REVISIONS .,""''"'I""'+"'""'' N44255-15-C-0023 Attachment 01 I: 1 ~-HJflG I 11::-tj iJ. J 1 _ 1=-t i: ~ d~ ~ UI llJ:;;C+-~-oL_~_ ""' ~ T I '' 'I I' I I 'r 11 f~,; 11 [ :~ ~ ~ ~ '.l 'i,;,' jl kfiJ:~-·~·j 11:: 1'l91l0 ,:~1 I' J rf: ~ ~;;; ;f "I co'1'11ee,1RY :111 / cc :;;;c =.j= z '1c. -. j 1-LJ1 fc I ~ --£ ~ ' * II::;· . I ·_-[j~--~---JI--~ =I I . --, ---_,. - /w,; ·t·· · 1-tfr-',F"'=-=ni"==<-I-. - 11 , I_:--~--~ d~ °le J;r --1 1: rl rroe i ~ '~r ·. I~'~ £~ ~I • 11 nc -' .. ,_ I J' _;·-, ,, I 'Jo --' :;1~-~--=-~-~ i ~~:~ !1 !'11 1-'"L~l~'tJ'';;, jl, 1-~'~··"''·*~=-c:;~j ·~·-!J:' rr----t_ ·---~c-~-r--·~·-·-·-L!, ___ , ! . . . I r 'I Ir I i ,, K ', .. '"') IF 5HOET 15 LESS Tri\~ ;3·x40•, SHEET HAS morn RWU<:~~-US( GRAPHL~ SCl\LO. NAVAL STATION EVERETT :::."' ... ~i: .. ~ '"'PLJ'BLIC"'WoRKS DEPARTMENT' NA"V'Y"F''AMILY SUPPORT COMPLEX I I ._I I I. ' I Y ~'L.fa._\j '""'"° :'__ 'r'l689.67t::::·: Chapter 14.07 FEES, CHARGES AND REIMBURSEMENTS Sections: 14.07.005 General fee structure. 14.07.010 Capital improvement charges. 14.07.020 Utility main charge. 14.07.030 Sewer and water extensions inspection charge. 14.07.040 Water service installation fee. 14.07.050 Sewer service installation fees. 14.07.060 Water rates. 14.07.070 Sewer rates. 14.07.075 Rate adjustments. 14.07.080 Reimbursement for oversized water and sewer mains. 14.07.090 Recovery contr<J£ts. 14.07.005 General fee structure. SHARE N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates The public works department is authorized to charge and collect the following fees: Type of Activity Fee Land development See MMC 22G.03U.020 review and construction inspection fees l Street closure $60.00 notice Install/repair Materials and expenses street sign Street code See MMC 22G.030.020 Type of Activity variance Application for vacation of streets1 roads and alleys Vegetation abatement Construction water Hydrant water Sanitary sewer extension inspection charge Sanitary sewer inspection fee (right-of-way to residence) Segregations (local improvement district fees) Disconnection charges: Voluntary disconnection of service Involuntary disconnection of Fee $500.00, plus appraisals, cost of preparing legal descriptions Cost to abate plus a 10 percent surcharge (see MMC 12.36.020 and 12.36.030) $3.50/1,000 gallons used $50.00 setup+ $3.50/1,000 gallons used See MMC 226.030.020 $100.00 per connection $100.00, plus actual engineering costs incurred by the city $5.00 $10.00; $20.00 ifthe utility department is required to N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Type of Activity service Reconnection charges: Voluntary reconnection Involuntary reconnection Shut-off/turn-on fee after hours (water) Unauthorized connection: water or sewer Variances: water/sewer Water system extension inspection fee Miscellaneous utility relocation (hydrants, meters, blow-offs) Fee make a special trip for a single account in an involuntary disconnection situation $5.00 $10.00; $20.00 if the utility department is required to make a special trip for a single account in an involuntary reconnection situation $75.00 $200.00 See MMC 22G.030.020 ($250.00) See MMC 22G.030.020 Time and materials N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Type of Activity Water use violation: Commercial Residential Water and/or sanitary sewer plan review Water/sewer connection filing fee Water/sewer system design standard specifications manual- Account change water meter read Recovery contract Emergency locate (after hours) tate payment foes Bank returned Fee $200.00 $50.00 See MMC 226.030.020 $20.00 $10.00 -$50.00 $15.00 $500.00 minimum or one percent of project+ $100.00 collection fee $100.00 Five percent of account for first notice; additional five percent of account for second notice $40.00 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Type of Activity item fee Photocopies Blueprint copies Staff time Tape duplication Mailing costs Fee See MMC 1.16.070 See MMC 1.16.070 See MMC 1.16.070 See MMC 1.16.070 See MMC 1.16.070 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (Ord. 2918 § 1, 2013; Ord. 2857 § 2, 2011; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2780 § 4, 2009; Ord. 2756 § 1, 2008; Ord. 2554 § 1, 2004; Ord. 2346 § 1, 2000; Ord. 2267 § 1, 1999; Ord. 2106 § 2, 1996). 14.07.010 Capital improvement charges. fi:;;--'3_HARE ____ _ (1) Capital improvement charges shall be assessed on all new connections to the water, sewer and storm water systems. Capital improvement charges shall also be assessed for a remodel or expansion of an existing building or use. For purposes of this section, an "existing building or use" shall mean all commercial or industrial buildings or uses, churches, schools or similar uses, and all residential buildings or uses where a r-e-model or expansion increases the number of dwelling units. The capital improvement charge constitutes an equity p-ayment by new and existing customers for a portion of the previously existing capital-assets-of the system. Capital improvement charges also constitute a contribution to a long-term capital improvement program fo< the utility system which includes acquisition of new or larger water sources, construction of water storage and transmission facilities, and construction of sewer and storm water trunk lines and treatment facilities. Capital improvement charges shall be paid in full before a new connection or expansion or remodel to an existing building or use shall be approved. Allpayments shall be-deposited in the utility construction fund and shall be made prior to building permit issuance-for residential construction and prior to issuance of a certificate of final occupancy for commercial/industrial constructior:i. (2) Deferral of Connection Coarges Allowed. (a) Payment of required conneGtion charges may be deferred to final inspection for single-family residential dwelling or multifamily projects with 25 or fewer units. (b) Payment of required connection charges for a commercial building, industrial building, or a multifamily development exceeding 25 units may be deferred from the time of building permit issuance in accordance with the following: N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (i) Fifty percent of the connection charges shall be paid prior to approved occupancy of the structure; and (ii) The remaining SO percent of the connection charges shall be paid within 18 months from the date of building occupancy, or when ownership of the property is transferred, whichever is earlier. (c) The public works department shall allow an applicant to defer payment of the connection charges when, prior to submission of building permit application for subsection (2)(b) of this section or prior to final inspection for subsection (2)(a) of this section, the applicant: (i) Submits a signed and notarized deferred connection charge application together with a $200.00 processing fee and acknowledgement form for the development for which the property owner wishes to defer payment of the charges; and (ii) With regard to payment deferment under subsection (2)(b) of this section, records a lien for connection charges against the property in favor of the city in the total amount of all deferred connection charges for the development. The lien for connection charges shall: (A) Be in a form approved by the city attorney; and (B) Include the legal description, tax account number and address of the property. (d) Upon receipt of final payment of all deferred charges for the development the director of the public works depar-tment shall execute a separate lien release for the property in a form approved by the city attorney. The property owner, at their expense, will be r"'sponsible for recording each lien release. (e) lni:he event that the connection charges are not paid in accordance with subsection (2)(b) of this section, the city-shall institute foreclosure proceedings in accordance with state law and as provided tlerein. In addition to any unpaid rollection charges, the city shall be entitled to interest on the unpaid impact fees at the rate prnvided for in RCW 19.52.020 or as otherwise allowed by law and the reasonable:attorney fees and costs incurred by the city in the foreclosure process. Notwithstanding the foregoing, prior to commencement of foreclosure, the city shall give not less than 30 days' written notice to-the person or entity whose-name appears on the assessment rolls of the county assessor as owner of the property via certified mail with return receipt requested and regular mail advising of its intent to commence foreclosure proceedings. If the connection charges are paid in full to the city within the 30-day notice period, no attorney fees, costs and interest will be-owed. (f) In the event thatthe clef erred connection charges are not_paid in accordance with this section, and in ad<fition to foreclosure proceedings provided in subsection (2)(e) of this section, the city may initiate any other action(s) legally available to collect such connection charges. (g) Compliance with the requirements of the deferral option shall constitute compliance with the conditions pertaining to the timing of payment of the connection charges. N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (h) The deferred payment options set forth in this section shall automatically terminate three years from the effective date of the ordinance codified in this section without further action of the city council. (3) The following capital improvement charges are established: Residential Units Connection Charges Type of Connection City Water Outside Water City Sewer Outside Sewer Storm Water Residential* 1/1/2005 $3,675 $4,305 $3,120 $3,495 Effective 1/1/2006 $4,750 $5,490 $4,490 $4,890 Date 1/1/2011 $95.00 Multifamily Residential** Effective 8/1/2012 through $3,000 $5,490 $3,000 $4,890 Date 8/1/2015 *Residential living units include multi-unit housing and mobile homes for the purpose of water and sewer charges. For the purpose olthe storm connection charge, only single-family units will be charged a flat fee; all other land uses will be charged based on the equivalent residential unit (ERU), as described below. **The connection charges for multifamily residential development shall be in effect for a three-year period from August 1, 2012, through August 1, 2015. Thereafter, the connection charges for multifamily residential development shall be the same a' the connection charges for residential development. eom m erci a It Ind ustria I Connection Charges Water City Outside City Effective Date 11/1/2005 I !Effective Date 11/1/2005 Comm e rci a I/Industrial Connection Charges Water City Effective Date 1/1/2005 0-2,000 gpm $1.64/sf 2,001-4,000 gpm $2.40/sf 4,001+ gpm $3.16/sf 25% rate reduction for automatic sprinkler system. Sewer City Effective Date 1/1/:wo5 Retail Sales/Ma nu fa ctu ring/ $1.03/sf · Churches/Schools/Day Care Offices/Medical/Dental/Nursing $1.67 /sf Homes and all other uses not listed . Warehouses/Storage $0.49/sf Restaur-ants!Taverns . $2.38/sf 25% rate reduction for sch0ols without kitchens. Storm Water Effective Date 11/1/2011 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Outside City Effective Date 1/1/2005 0-2,000 gpm $1.99/sf 2,001-4,000 gpm $2.87 /sf 4,001+ gpm $3.80/sf Outside City Effective Date 1/1/2005 Retail Sales/Manufacturing/ $1.24/sf Churc:P.es/Schools/Day Care Offiees/Medical/Dental/Nursing $2.00/sf Homes and all other uses not listed Warehouses/Storage $0.65/sf Restaurants/Taverns $2.86/sf Storm Water Effective Date 1 ERU* 1/1/2011 $95.00 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates *An equivalent residential unit (ERU) equals 3,200 square feet of impervious surface area. Nonresidential projects will be charged $95.00 per ERU. See Chapter 14.19 MMC for definitions. Water Service Installation Fee Effective Date 11/1/2006 5/8" x 3/4" $1,050 3/4" x 3/4" $1,075 1" $1,200 1-1/2" $1,600 2" Time and materials costs/ micimum sf $1,900 Drop-in Meter Fee Effective Date 11/1/2006 5/8" x 3/4" $500.00 3/4" x3/4" $525.00 1" $560.00 1-1/2" $750.00 2" $850.00 Drop-in Meter Fee Effective Date 11/1/2006 3u and over Charge time and material/ $3,SOO minimum Hotel/Motel Connection Charges City Water Effective 1/1/200S $1,40S Date 1/1/2006 $1,816 Outside Water $1,646 $2,099 N442SS-1S-C-0023 Attachment 2 City of Marysville Water/Sewer rates City Sewer Outside Sewer $1,193 $1,336 $1,717 $1,870 (4) "Floor space" is defined as the net square footage measured from the interior walls, including interior partitions. (S) The capital improvement charges for sewer connections shall be reduced by $S0.00 per unit or $0.04S per square foot when the affected property participated in a utility local improvement for the construction of the sewer -main. (6) Capital improvement charges for sewer connections to commercial and industrial units shall be reduced by SO percent for any floor space in the premises which is committed to being used as warehouse space for storage purposes enly. (7) If the use of any premises connected to city utilities is converted from a residential occupancy.to a commercial or industrial occupancy (as defined in subsection (3) of this section), or from a.warehouse use to an active commercial or industrial use, the owner of the premises shall immediately report such conversion to the city and shall pay the extra capital improvement charge which is then required for such an occup<mcy. Failure to report such a conversion, and pay the extra charge, within 90 days of the new occupancy shall result in the extra charge being doubl<>d as a penalty. (8) The capital improvement charge for utility connections in recreational vehicle parks shall be calculated as follows: (a) For each connection to a recreational vehicle pad, the charge shall be SO percent of the charge provided in subsection (3) of this section relating to residential living units. (b) For every other connection in a recreational vehicle park, the charge shall be the same as provided in subsection (3) of this section for residential living units. N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (9) If a building with a lawful water and/or sewer connection to the city utility system is demolished and replaced with a new building requiring utility connections, the capital improvement charges assessed for the new connections shall be discounted by the amount which would have been paid, under current schedules, for the connections which previously served the demolished building. (Ord. 2918 § 2, 2013; Ord. 2905 § 1, 2012; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2775 § 1, 2009; Ord. 2670 § 1, 2006; Ord. 2607 § 1, 2005; Ord. 2557 § 2, 2004; Ord. 2556 §§ 1, 3, 2004; Ord. 2346 § 1, 2000; Ord. 2345 § 1, 2000; Ord. 2305 § 1, 1999; Ord. 2267 § 2, 1999; Ord. 1841§1, 1991; Ord. 1509, 1986; Ord. 1496, 1986; Ord. 1492 §§ 1 2, 1986; Ord. 1480, 1986; Ord. 1434, 1985). 14.07.020 Utility main charge.l~ SHARE (1) A utility main charge shall be assessed to all new connections which utilize water or sewer mains already existing across the frontage of the property being served. The charges constitute payment to the city for the actual costs incurred in originally constructing the main across the frontage of the subject property. Such charges shall not apply when the affected property participated in a utility local improvement district for the construction of a water or sewer main; nor shall such charges be applicable in cases where the main was built and totally paid for by the owner of the subject property or by any private developer who may still be entitled to reimbursement from abutting owners pursuant to a recorded recovery contract (see MMC 14.07.090). (2) The utility main charge shall be the actual construction cost of the main in question up to eight inches in size for a water main and up to 10 inches in size for a sewer main. The charge shall be prorated on a front-foot basis. For convenience in computing the rates charged for older mains in the city, they are restated as follows: (a) Water mains constructed prior to October 1, 1967: $2.25 per front foot; (b) Water mains constructed in 1976 or 1977: $5.50 per front foot; (c) Sewer mains constructed prior to January 1, 1970: $3.00 per front foot; (d) Sewer mains constructed in 1976 or 1977: $9.00 per front foot. The city utility department shall keep a record, open to the pub Ii~, of the prorated construction cost for all city utility mains. In cases where the city has participated with a private party or utility local improvement district in constructing a main, only that portion of the total cost actually paid by the city sball be used for calculating the utility main charge. (3) In addition to the per-front-foot cost referenced in subsection (2) of this section, the city may assess a charge for any other water or sewer mains constructed with city funds subsequent to 1976. The public works department shall establish a schedule of fees and a map open to the j}Ublic at the public works department showing the utility mains which are subject to this charge. The per-front-foot charge for such mains constructed after 1976 shall be administratively calculated by.the city engineer; provided the N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates total of all fees charged on a front-foot basis shall not exceed the total original cost of the project, including all construction, engineering, right-of-way and easement acquisition, and administrative fees. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2067, 1996; Ord. 1635, 1988; Ord. 1434, 1985). 14.07.030 Sewer and water extensions inspection charge .. o __ sHARE Any party extending a public sewer line or water system line shall pay the city an inspection fee. This charge is to pay for the cost of city employees inspecting the installation of the sewer or water line to assure that it complies with city standards. The charges are set forth in MMC 14.07.005, and must be paid prior to any connection being approved. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2106 § 16, 1996; Ord. 1434, 1985 ). 14.07.040 Water service installation fee.'.[; .. ~HARE (1) A service installation fee shall be assessed at the time any property is connected to the city's water system. In return for the fee the city shall install the service connection, including the water meter. At the owner's option the service connection may be privately installed, in which case the city will only charge for the installation of the meter. (2) Water service installation fees are established in MMC 14.07.010(3). (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2345 § 1, 2000; Ord. 2305 § 1, 1999; Ord. 1434, 1985). 14.07.050 Sewer service installation fees. :!'.li SHARE (1) A service installation fee shall be assessed at the time any property is connected to the· city's sewer system by the installation of a side sewer. For purposes of this section "side sewer" means that section of pipe between the public sewer main and the private property line. In return for the fee the city shall install the side sewer and inspect the private sewer from the property line to the-building. At the owner's option the side sewer may be privately installed, in which case the city will only charge an inspection fee. (2) Sewer service installation and inspection fees are set forth in MMC 14.07.0()5. (Ord. 2816 § 1 (Exh. A}, 2010; Ord. 2106 § 17, 1996; Ord. 1434, 1985}. 14.07.060 Water rates. :a SH£'."_E __ J (1) Definitions. (a} "Water rates," as used herein, shall refer to the charge assessed by the city for all water consumed or used on property connected to the city water system. The rates shall be based upon the quantity of water passing through the water meter during each billing period. (b} The normal "billing period" shall be a two month cycle and shall be that period falling between two consecutive meter read dates. Charges for periods of less than two months shall be prorated both as to minimum charge and as to consumption; provided, however, the city may, at its discretion, elect to use N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates a monthly billing period for selected accounts. If a monthly billing period is used, the consumption allowance and rate shall be one-half that set forth in the bimonthly rate schedule. (c) Billing Increments. Charges for water shall be computed on the nearest 1,000 gallons of consumption. (d) "City rates" are those which shall be charged to all properties connected to the water system which are located within the city limits of Marysville. (e) "CWSP rates" are those which shall be charged to all properties connected to the water system which are located outside the city limits of Marysville but are within the coordinated water system planning boundary. (f) "OCWSP rates" are those which shall be charged to all properties connected to the water system which are located outside the city's coordinated water system planning boundary. (g) "Multiple residential units" shall be defined as attached dwelling units which share a common water meter, including duplexes, townhouses, apartments and condominiums, and shall be defined as including mobile home parks. (h) "Single-family residential units" shall refer exclusively to detached single-family dwelling units. (2) Bimonthly Minimum Water Rates. Minimum charges for each billing period, and consumption allowances for such minimums are established as follows: EffectiveJarruary 1, 2015: Meter Size Effective 1/1/15 AWWA Meter Outside UGA Bi-Monthly Rates Factor City Rate Rural Rate Rate Tier = factor * base rate Multiple Residential Units (Per Unit) N/A $21.79 $32.69 $43.57 5/8" 1 $21. 79 $32.69 $43.57 3/4" 1.5 $32.69 $49.01 $65.35 1" 2.5 $54.48 $81.69 $108.92 1-1/2" 5 $108.92 $163.38 $217.84 Meter Size Effective 1/1/15 AWWAMeter Bi-Monthly Rates Factor Tier = factor * base rate 2" 8 3" 16 4" 25 6" 50 8" 80 10 11 115 12 11 200 Residential & Multifamily Effectiv.e 1/1/15 Bi-Monthly Rates City Rate Volume Tiers (1,000 gal) 0-to 6 $1.18 7to20 .$4.10 21to30 $4-.68 31 and higoer $5.27 City Rate $174.27 $348.53 $544.60 $1,089.18 $1,742.68 $2,505.11 $4,356.71 Rural Rate $1.76 $6.16 $7.02 $7.91 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Outside UGA Rural Rate Rate $261.41 $348.53 $522.80 $697.08 $816.90 $1,089.18 $1,633.76 $2,178.35 $2,614.03 $3,485.37 $3,757.66 $5,010.21 $6,535.05 $8,713.41 Outside UGA Rate $2.34 $8.21 $9.38 $10.55 Commercial Effective 1/1/15 Bi-Monthly Rates City Rate Volume Tiers (1,000 gal) Oto 6 $1.18 7 and higher $2.93 Effective January 1, 2016: Meter Size Effective 1/1/16 AWWA Meter Bi-Monthly Rates Factor Tier~ factor * base rate MultipleHesidential Units (Per Unit) N/A 5/8" 1 3/4" 1.5 11J 2.5 . 1-1/2" s 2" 8 3" . 16 4" 25 6" so 8" 80 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Rural Rate Outside UGA Rate $1.76 $2.34 $4.40 $5.86 Outside UGA City Rate Rural Rate Rate $22.22 $33.34 $44.44 $22.22 $33.34 $44.44 $33.34 $49.99 $66.65 $55.56 $83.33 $111.10 $111.10 $166.65 $222.20 $177.75 $266.64 $355.50 $355.50 $533.26 $711.02 c$SSS.49 .$833.24 $1,110.97 $1,110.97 $1,666.44 $2,221.91 $1,777.53 $2,666.31 $3,555.08 Meter Size Effective 1/1/16 AWWA Meter Bi-Monthly Rates Factor Tier= factor * base rate 10 11 115 12 11 200 Residential & Multifamily Effective 1/1/16 Bi-Monthly Rates City Rate Volume Tiers (1,000 gal) 0 to 6 $1.20 7 to 20 $4.18 21to30 -$4./'8 31 and higher $5.38 Commercial Effective 1/1/16 - Bi-Monthly Rates City Rate Volume Tiers (1,000 gal)- -Oto 6 $1.20 I - 7 and higher $2.99 City Rate $2,555.21 $4,443.84 Rural Rate $1.79 $6.28 $7.16 $8.07 Rural Rate $1.79 - $4.49 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Outside UGA Rural Rate Rate $3,832.82 $5,110.42 $6,665.76 $8,887.68 Outside UGA Rate $2.39 $8.37 $9.57 $10.76 Outside UGA Rate $2.39 $5.97 (3) Calculation of Water Bill for Multiple Residential Units. In calculating the water bill for multiple residential units, the total number of dwelling units served by a water connection shall be divided into _the water consumption for each billing period, expressed in.gallons, to determine the average N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates consumption per dwelling unit. The water rates shall be based upon the average consumption per unit during the billing period multiplied by the total number of units. (4) Calculation of Water Bill for Mobile Home Parks. The total water bill for mobile home parks shall be calculated by applying the rate schedule to the total number of pads or mobile home sites on the premises which are in a condition ready for occupancy, regardless of whether the same are occupied during the billing period or not; provided, that for the first 24 months after a mobile home park, or a new addition thereto, is opened and connected to city utilities, its water bill shall be calculated by applying the rates only to such pads or mobile home sites as are actually occupied by mobile homes during each billing period; provided, however, for mobile home parks whose utility meter with the city was first activated less than three years preceding June 9, 1997, the effective date of Ordinance 2130, and for which billing on all pads or mobile home sites has occurred for less than two years preceding June 9, 1997, such mobile home parks shall be granted an additional 12 months from June 9, 1997, to pay only for such pads or mobile home sites which are actually occupied during each billing period; provided, further, that all fees, charges and rates paid by such mobile home parks to the city under prior provisions of this subsection and MMC 14.07.070(4) as such subsections originally read or as subsequently amended, shall be nonrefundable notwithstanding the provisions of this subsection. (5) Private Fire Protection Rates. Private fire protecti<Jn rates for properties inside or outside of the corporate limits of tr.e city shall be as follows: Effective January 1, 2015: (a) Private hydrants, each: $42.04 per year; (b) Wet standpipe syotems: $42.04 per year; (c) Dry standpipe systems: N-0ne; (d) Automatic sprinkfor systems: (i) £ach owner of an automatic sprinkler system shall be charged.a monthly rate based upon the size of the water service limo that serves the system. The following are the bimontlily rntes: Size of Line Bimonthly Charge 2-inch $45.73 3-inch $56.28 4-inch $69.15 6-inch $86.73 Size of Line Bimonthly Charge 8-inch $113.73 10-inch $143.01 12-inch $165.19 Effective January 1, 2016: (a) Private hydrants, each: $42.88 per year; (b) Wet standpipe systems: $42.88 per year; (c) Dry standpipe systems: None; (d) Automatic sprinkler systems: N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (i) Each owner of an automatic sprinkler system shall be charged a monthly rate based upon the size of the water service line that serves the system. The following are the bimonthly rates: Size of Line Bimonthly Charge 2-inch $46.64 3-inch $57.41 4-inch $70.53 6-inch $88.46 8-inch $116.00 10-inch $1451!7 12-inch $168.49 (ii) As of January 1, 2010, automatic sprinkler systems without a separate meter and where theJine is under two inches, will become part of the minimum water rate as a result of the rate restructuring. (6) Reduced Utility Charges in Special Cases. Upon application by a utility customer, the chief administrative officer or designee shall have the discretion to make reasonable and equitable reduction in utility accounts, on-a-case-by-case basis, in the follow.ing circumstances: N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (a) If a private water line, valve, fixture, or other appurtenance is verified to be leaking as a result of accidental damage or natural deterioration of the same, and not as a result of abuse or willful neglect, the water bill for the subject property during the period of the leak may be reasonably and equitably reduced; provided, that a customer shall be required to pay the base rate plus at least 50 percent of the applicable overage rate for all water which was lost by reason of the leak. The sewer bill for the subject property during the period of the leak may also be reasonably and equitably reduced to an amount not less than the bill charged for the corresponding period the previous year. (7) Calculation of Water Bill for School Facilities. The city rate for water as set forth in subsection (2) of this section shall apply to all school facilities, whether such facilities are within the city limits or not. (8) Rate Relief. Low-income senior citizens and low-income disabled persons may be eligible for water and/or sewer rate relief pursuant to Chapter 3.63 MMC. (Ord. 2975 § 1, 2014; Ord. 2948 § 1, 2013; Ord. 2916 § 1, 2012; Ord. 2881 § 3 (App. A), 2011; Ord. 2836 § 1, 2010; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2815 § 1, 2010; Ord. 2758 § 1, 2008; Ord. 2727 § 1, 2007; Ord. 2680 §§ 1, 3, 4, 2006; Ord. 2620 §§ 1, 3, 4, 2006; Ord. 2548 §§ 1, 3, 2004; Ord. 2457 § 1, 2002; Ord. 2394 § 1, 2001; Ord. 2181 §§ 1, 2, 1998; Ord. 2130 § 1, 1997; Ord. 2117 §§ 1, 2, 1997; Ord. 2109 § 1, 1996; Ord. 1840 § 1, 1991; Ord. 1809 § 1, 1990; Ord. 1789, 1990; Ord. 1434, 1985). 14.07.070 Sewer rates. l!J SHARE (1) Definitions. (a) The normal "billing period" shall be a two-month cycle and shall be that period falling between two consecutive water meter read dates. Charges for periods of less than two months shall be prorated; provided, however, the city may, at its discretion, elect to use a monthly billing period for selected accounts. If a monthly billing period is used, the rate sball be one-half that set forth in the bimonthly rate schedule. (b) "City rates" are those wi'lich shall be charged to all properties connected to the sewer system which are located within the city limits of Marysville. (c) "llGA rates" are those which shall be charged to aH properties connected to the sewer system which are located outside of the city limits of Marysville but are-within themban growth-area of the city of Marysville or that portion of the city of Arlington urban growth area to which Marysville has agreed by interlocal agreement to provide service. (d) "OUGA rates" are those which shall be charged to all properties connected to the sewer system which are located outside the Marysville city limits-and outside areas where "UGA rates" apply. (e) "Single-family residences" shall refer exclusively to detached single-family dwelling units. (f) "Multiple residential units" shall be defined as attached dwelling units which share a common water meter, including duplexes, townhouses, apartments, and condominiums, and shall be defined as including mobile home parks. . N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates (g) "Commercial/industrial" refers to all nonresidential land uses which are not specifically itemized or defined as being included within other classifications. (h) "Satellite system rate" refers to that rate charged to the city by Lake Stevens Sewer District for the "overlap" area as described in the interlocal agreement between the parties dated April 22, 1999, plus an administrative overhead cost of 15 percent. (2) Calculation of Commercial/Industrial Sewer Rates. Commercial/industrial sewer rates shall be based upon the quantity of water consumed or used on the premises during the billing period, as determined by the water meter reading and the strength of the discharge as measured by total suspended solids (TSS) and biochemical oxygen demand (BOD); provided, that a property owner may, at his own expense, arrange the plumbing on commercial premises so as to separate water which will be discharged into the sewer system from water which will not be so discharged, and a separate meter shall be installed to measure the amount of actual sewage discharged. In such a case the sewer rate shall be based only on the actual sewer use. The installation of such plumbing and meters must be inspected and approved by the city utility department. Where a commercial property is connected to sewer service but not to water service, the city council shall determine the sewer rate to be charged on a case-by-case basis, using an estimated figure for water consumption. (3) Sewer Rates. Bimonthly sewer rates are established as follows: Effective January 1, 2015: Classification Effective 1/1/15 Bi-Monthly Rates City Rate Rural Rate Outside UGA Rate Single-family residential $81.20 $121.82 $162.43 Multiple residential units per unit $77.23 $115.83 $154.45 Hotels/motels per unit $56.89 $85.33 $113.77 Commercial minimum $81.20 $121.82 $162.43 Class 1 (31 to 100 mg/I) per 1,000 gallons $1.71 $2.56 $3.40 Class 2 (101 to 200 mg/I) per 1,000 gallons $2.34 $3.52 $4.68 Classification Effective 1/1/15 Bi-Monthly Rates City Rate Class 3 (201 to 300 mg/I) per 1,000 gallons $3.00 Class 4 (301 to 400 mg/I) per 1,000 gallons $3.64 Class 5 (401 to 500 mg/I) per 1,000 gallons $4.29 Class 6 (501 to 600 mg/I) per 1,000 gallons $6.22 Overnight camping Individual connections per unit $56.89 Other connections, each $77.23 Schools Minimum $81.20 Per 1,000 gallons $4.62 _ Restaurants w/o grease trap surcharge $3.89 Effective January 1, 2016: Classification Effective 1/1/16 Bi-Monthly Rates City Rate Single-family residential $82.83 Multiple residential units per unit $78.77 Hotels/motels per unit $58.03 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Rural Rate Outside UGA Rate $4.49 $5.99 $5.45 $7.28 $6.42 $8.56 $9.34 $12.43 $85.33 $113.77 $115.83 $154.44 I 0 0 0 0 0 0 Rural Rate Outside UGA Rate $124.26 $165.68 $118.14 $157.54 $87.04 $116.04 I Classification Effective 1/1/16 Bi-Monthly Rates City Rate Commercial minimum $82.83 Class 1 (31to100 mg/I) per 1,000 gallons $1.74 Class 2 (101 to 200 mg/I) per 1,000 gallons $2.39 Class 3 (201 to 300 mg/I) per 1,000 gallons $3.06 Class 4 (301 to 400 mg/I) per 1,000 gallons $3.71 Class 5 (401 to 500 mg/I) per 1,000 gallons $4.37 Class 6 (501 to 600 mg/I) per 1,000 gallons $6.35 Overnight camping Individual connections per unit $58.03 Other .connections, each $78.77 Schools Minimum $82.83 Per 1,000 gallons . $4.71 Restaurants w/o grease trap surcharge $3.97 N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates Rural Rate Outside UGA Rate $124.26 $165.68 $2.61 $3.47 $3.59 $4.78 $4.58 $6.11 $5.56 $7.43 $6.55 $8.73 $9.53 $12.68 $87.04 $116.04 $118.14 $157.53 0 0 0 0 0 0 (4) Calculation of Sewer Rates for Mobile Home Parks. The total sewer bill for mobile home parks shall be calculated by applying the rate schedule above to the total number of pads or mobile home sites on the premises which are in a condition ready for occupancy, regardless of whether the same are occupied during the billing period; provided, that for the first 24 months after a mobile home park, or a new N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates addition thereto, is opened and connected to city utilities, the sewer bill shall be calculated by applying the rates only to such pads or mobile home sites as are actually occupied by mobile homes during each billing period; provided, however, for mobile home parks whose utility meter with the city was first activated less than three years preceding June 9, 1997, the effective date of Ordinance 2130, and for which billing on all pads or mobile home sites has occurred for less than two years preceding June 9, 1997, such mobile home parks shall be granted an additional 12 months from June 9, 1997, to pay only for such pads or mobile home sites which are actually occupied during each billing period; provided further, that all fees, charges and rates paid by such mobile home parks to the city under prior provisions of this section and MMC 14.07.060, as such sections originally read or as subsequently amended, shall be nonrefundable notwithstanding the provisions of this subsection. (5) Restaurants, for the purpose of sewer rates, shall be classified as Class 3 strength as described in subsection (3) of this section. Restaurants without approved grease traps, including those restaurants where a variance has been granted eliminating the necessity of a grease trap, shall be surcharged effective January 1, 2015, $3.89 per 1,000 gallons and effective January 1, 2016, $3.97 per 1,000 gallons. (6) Satellite System Rate. Notwithstanding any other rate established by this section, for that area defined as the satellite system area, the city shall charge the same rate as charged by Lake Stevens Sewer District plus an administrative fee of 15 percent. This rate shall be in effect for such properties until such time as the city's sewer collection system is constructed and sewer flows are diverted from the Lake Stevens Sewer District system to the city's sewer collection system. (7) Calculation for St>wer Rates for Schools. Schools' sewer rates shall be based upon the quantity of water consumed or used on the premises during the billing period, as determined by the water meter reading; provided; if the water service is supplied to a school by other than the city of Marysville water system, the-school district shall notify the city billing department of the total consumption as billed by other_such water purveyor. The city-rate for sewer as set forth in subsection (3) of this section shall apply-to all school facilitit>s, whether such facilities are within the city limits or not and whether public or privately-operated. (8) Rate-Relief. Low-income senior citizens and low-income disabled persons may be eligible for water andfor sewer r-ate relief pursuant to Chapter 3.63 MMC. (Ord. 2975 § 2, 2014; Ord. 2948 § 2, 2013; Ord. 2916 § 2, 2012; Ord. 2881 § 3 (App. A), 2011; Ord. 2836 § 2, 2010; Ord. 2823 § 1, 2010; Ord. 2816 § 1 (Exh. I<), 2010; Ord. 2815 § 2, 2010; Ord. 2758 § 2, 2008; Ord. 2727 § 2, 2007; Ord. 2680 §§ 2, 3, 4, 2006; Qrd. 2620 §§ 2, 3, 4, 2006; Ord. 2548 §§ 2, 3, 4, 2004; Ord. 2531 § 2, 2004; Ord. 2457 § 2, 2002; Ord. 2394T2, 2D01; Ord. 2347 § 1, 2000; Ord. 2284 § 1, 1999; Ord. 2130 § 2, 1997; Ord. 2117 § 3, 1997; Ord. 2109 § 2, 1996; Ord. 1840 § 2, 1991; Ord. 1809 § 2, 1990; Ord. 1798, 1990; Ord. 1434, 1985). 14.07.075 Rate adjustments. SHARE (1) Beginning in 2006, as part of the budget process, the rates and fees for water and sewer may be adjmted annually by two percent. Any such adjusted rates and fees shall become effective January 1st -0f the new-budget year. Beginning in 2007, as part of the budget process, surface water fees may be N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates adjusted annually by two percent. Any such adjusted rates and fees shall become effective January 1st of the new budget year. (2) Proposed rate increases greater than the two percent will require a public hearing process prior to adoption. All proposed rate adjustments will not be automatic but shall be justified and shall be reviewed and approved by the city council. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2654 § 2, 2006). 14.07.080 Reimbursement for oversized water and sewer mains. ~C SHARE In all cases, the city engineer shall determine the size and depth of water and sewer mains connected to the city utility system. The determination shall be consistent with the city's comprehensive plan and the long-range objectives for the water and sewer utility. If a property owner/developer of residential property is required to install a water main with a diameter in excess of eight inches or a sewer main with a diameter in excess of 10 inches, and if the purpose of such oversizing is to provide for future extension of the main to adjacent properties within the utility service area, and not merely to meet the needs of the property responsible for constructing the main, the city may reimburse the property owner for the difference in material costs incurred solely by reason of the oversizing requirement. No such reimbursement shall be made except upon the following: complete installation of the water or sewer main and approval of the same by the city engineer; a submittal of a bill of sale and warranty for the water or sew-er n1ain to the city; -certification of the over-siz-ing costs_, with such verification from the material supplier and contractor as the city engineer may require; approval of the oversizing costs by the city engineer; and approval of the reimbursement by the city council. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 1434, 1985). 14.07.090 Recovery ccmtracts. il:] __ s_H~j<E At the option of the city council, any-party having constructed a public water or sewer line at its own cost-, extending over 200 feet l-rom the nearest mainline, may be allowed to enter into a recovery contract with-the city providing fur partial reimbursement to such party, or its assigns, for the costs of such construction, including the costs of engineering and design work, and all costs of labor and materials reasonably-incurred for the length of the improvements. Such contracts shall be governed by the following provisions: (1) Within 30 days after a utility line is accepted by the city and a bill of sale/warranty is filed with respect to the same, the_prnponent of the recoveTy contract shall submit a request for the same, using a form supplied by the city, together with supporting documentation showing all costs incurred in the project. (2) An assessment area shall be formulated based upon a determination by the city as to which parcels of real estate will be directly benefited by the same. (3) The reimbursement share of all property owners in the assessment area shall be the pro rata share of the totai cost of the project, less any contributions paid by the city. Each reimbursement share shall be determined by using a method af cost-apportionment which is based u~on the benefit received by N44255-15-C-0023 Attachment 2 City of Marysville Water/Sewer rates each property from the project. This will generally be prorated on a front-footage basis. There shall be no reimbursement to the proponent for the share of the benefits which are allocated to its property. (4) A preliminary determination of area boundaries and assessments, along with a description of the property owner's rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners. The city council's ruling shall be determinative and final. (5) The contract, upon approval by the city council, shall be recorded in the records of the Snohomish County auditor within 30 days of such approval. The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the utility project. (6) If, within a period of 15 years from the date the contract was recorded, any property within the assessment area applies for connection to the utility line, the lien for payment of the property's proportionate share shall become immediately due and payable to the city as a condition of receiving connection approval. (7) All assessments collected by the city pursuant to a recovery contract, less the city's administrative charge, shall be paid to the original proponent, its personal representative, successors or assigns within 30 days after receipt by the city. The city's administrative charge for each collection is set forth in MMC 14.07.005. (8) At the termination of the 15-year recovery period the lien shall continue, but all collections thereafter shall be for the benefit of the city and shall be dep0sited in the city's utility fund. (9) Nothing irrthis section, nor any provision in a recovery contract, shall be~construed as establishing the city as a public utility in areas not already connected to-the c-ity's utility system, nor shall this section, or any recovery contract, be construed as establishing express or implied rights for any property owner to connect to the city's utility system without first qualifying for such connection by compliance with all applicable city codes and ordinances. (Ord.-21l16 § 1 (Exh. A), 2010; Ord. 2780 § 1, 2009; Ord. 2106 § 18, 1996; Ord. 1599, 1988; Ord. 1434, 1985).