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Naknek Waste Heat Project Agreements, Contracts & Budget 1986
Kemppel, Huffman & Ginder April 23, 1986 TO: Peter Hansen Alaska Power Authority ENCLOSURE: Copy of Utility Service Contract Between Naknek Electric Association and United States Air Force/King Salmon Airport The enclosed contract is sent you at the request of Claude Franke, General Manager of Naknek Electric Association, Inc. Roger R. Kemppel ~ RECEIVED JUN 9 $98) DEPARTMENT OF THE AIR FORCE |: HEADQUARTERS ALASKAN AIR COMMAND r ELMENDORF AFB, ALASKA 99506 CONTRACT: F65501-81-D0003 CONTRACTOR: Naknek Elec Assoc Inc P.O. Box 118 Naknek, Alaska 99633 x 7 x . x x a as x ta - ; x x x x x x x - x x x x x : x x - x x x x x .APPROVED IN THE ESTIMATED AMOUNT - OF $554,400.00 DATE: 8 Jun 81 EL. _ OU Ridrms EDWARD G. BLAHOUS, Colonel, USAF Director of Contracting 7 ee se ee arin d + 8 ces 26, LY oR J AWARD/CONTRACT ~ i OC. REG. (A 1CER) 1-16.101 a. . . Ident.) NO. 2. EFFECTIVE DATE 3. REQUISITION/ PURCHASE REQUEST /PROJECT NO. 4. SA FOR NATIONAL DEFENSE UNDER BOSA £65501-81-00003 81MAYO7 F7DEMGOO990001 REG. 2, AND/OR DMS REG. 1. 5. ISSUED BY CODE 6. ADMINISTERED BY CODE 7. DELIVERY , (If other than block 5) FOB DESTI- Base Contracting office/LGCBV ( nation P.O. Box 875 Monica (See Elmendorf AFB, Alaska 99506 [) beiow) Buyer: Mrs Aemobell/VID/LGCBV/752- 8 / 0 8 ; 3, CONTRACTOR CODE FACILITY CODE —T Gr BISCOUNT FOR PROMPT PAYMENT NAME AND ADDRESS | Naknek Electric Association, Inc. i (Street. city. p.0. Box 118 We county. State. Naknek, Alaska 99633 and ZIP <ode) TO. SUBMIT INVOICES (4 copies unless otherwise specified) TO ADDRESS SHOWN IN BLOCK ——— a mn See Additional General Provi- sion Para 22a. CODE 12. PAYMENT WILL BE MADE BY CODE Accounting and Finance Office 10 us.c. 2304 (of ({v) 41 usc. 252 (_} 13, THIS PROCUREMENT was ADVERTISED, Ol NEGOTIATED, PURSUANT TO: 14. ACCOUNTING ANDO APPROPRIATION DATA Delivery Orders for services under this contract will cite funds from which payment will be made. i 16. V7. 18. 19. 20. supPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT UTILITY SERVICE CONTRACT Incorporate Request for Proposal F65501-80-RO0033 3 Amendmen pgooo2 dated 80 May 12, Amendment pgo0d3 dated 80 Jun 18, Amendment PO00 4 dated 80 Jul 02, Exhibit "AY, Electric Service Specifications» and Exhibit up| Rate Sch dule Extract. The following listed changes made in negotiations are hereby jncorporated: a. Additional Electric Service specifications» Exhibit "A’> Page 2A. Wholesale Power Rate Extract, Exhibit "B'), cost change from 10.5¢/\KiiH to 9.9¢/KWH. c. Capital Credits: The contractor is required to re ort, in writing to the contracting officer the amount of capital credits utstanding in the Naknek Electric Association attributable to the United States share in the Associa tion. The report will show the total capital credits paid into (continued) ESTIMATED ANNUAL_COST SER ROERIOUNT OF CONTRACT 554,400.00 CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 22. i CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign 26. oOo AWARD (Contractor is mot required to sign this document.) Your offer this document und return __ 1 copies to issuing office.) Contractor agrees on Solicitation Number , including the to furnish and deliver all tems OF perform all the services set forth or otherwise ‘additions of changes MO ich additions or changes 9% set forth in full identified above and on ony continuation sheets for the consideration stated herein~ Shove, is hereby accepted 08 to the listed above ond on ony continuation sheets The rights ond obligations ‘of the parties to this contract shail be subject to and gov" This oward consummotes the contra ” of the following documents: (0) erned by the following documents: (a) this ‘award/contract, (b) the solicitation, if any, the Government's solicitation and your offer, and (b) this award /contract. ‘No ‘and (c) such provisions. representanions, certifications, ‘and specifications, o% ore further contractual document is nece attached or incorporated by reference herein. (Attachments are ted herein.) 23. NAME OF CONTRACTOR >» 27. BY \late=s 2 : bere BY (Signature of person guthorized to sign! 28. NAME OP CONTRACTING OFFICER (Type or print) M. FRANCES CAMPBELL S1MAYO; WU. GOVERNMENT PRINTING OFFICE 1967 OF {Signature of Contracting Officer 4. NAME AND TITLE OF SIGNER (Type or print) 25. DATE SIGNED Poser ®. kerrpEeL © y 2/; / ohjc 7 Qenechi Cov NEL Continuation of SF 26, Award of Contract F65501-81-D0003 7 the Association from all members and any payments made by the Association to any member of the Association. This report shall be made annually but no later than 30 days prior to the anniversary date of the contract award. Additional General Provision 26e, Page 11 of 11, is changed as follows: Line 3 that reads "three*," is hereby changed to read: "three years," AWARD CONDITION: a. This contract award is conditioned upon Naknek El@ctric Association's offer being more economical than the Government's in-house performance after completion of the public review period of the Government in-house estimate, plus such additional time that may be required pursuant to applicable Govern- ment directives for review procedures. b. Contractor will not start preparation for commencement of performance on this contract until written notification to commence is received in writing from the Contracting Officer. The following provision is hereby incorporated and made a part of this contract: The provision for service between the contracting parties are completely contained in this contract. There are no other policies or provisions relating to service which are binding on the Government. MEMBERSHIP FEES: Department of the United States Air Force shall pay the Five (5) Dollar Membership Fee on the initial contractor's invoice. Page 2 of 2 UTILITY SERVICE CONTRACT Department of the Air Force Contract Number ....°022UhTOLTUU009 ng Base- King Salmon Airport Air Force Forward Operait : Pre: be ed King Salmon; “AL&skS Premises are: (X ) Government owned ( ) Government leased by and between the vernment, represented by the Contracting Officer executing THIS CONTRACT is entered into as of ... UNITED STATES OF AMERICA, hereinafter c. 2 Naknek Electric Association, Inc. this contract, and... .icececcsccsessercecee nSteeeesseeeeeeeeecerereceseesecessesccacsesseeeeeenssessecacereeeeees » hereinafter I. SCOPE. Subject to the terms and conditions hereinafter set forth, the Contractor shall furnish, and the Govern- i tibie electric ment shall purchase and receive, ...iCerruptibie electric service (hereinafter called service) requested by the Government from the Con ractor at the premises to be served hereunder (hereinafter called the service location), in accordance with the General and Technical Provigions and the &lectric seecseeseeeeeresesecsseccssesses service specifications attached hereto and made a part hereof. Il. TERM. This contract shall continue in effect until terminated at the option of the Government by the giving of written notice not less than thirty (30) days in advance of the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. UNITED STATES OF AMERICA Typed Name of Co: General Counsel for NEA THe eos escessesseenessncsucsnesacsessessecsveruecasssussrecarssesssseseesee f F65501-81-D0003 F65501-80-RO033 TECHNICAL AND GENERAL PROVISIONS FOR UTILITY SERVICE CONTRACT I. TECHNICAL PROVISIONS 1. MEASUREMENT OF SERVICE (a) All service furnished by the Contractor shall be measured by metering equipment of standard manufacture, furnished, installed, maintained, calibrated, and read by the Contractor at his expense. When more than a single meter is installed at the service location, the readings thereof shall be billed conjunctively. In the event that any meter fails to, register or registers incorrectly, the quantity of service delivered through it during that period shall be determined and an equitable adjustment based thereon shall be made in the Government's bills (for this purpose any meter which registers not more than two (2) percent slow or fast shall be deemed correct). Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract. (b) The Contractor shall read all meters at periodic intervals of approximately thirty (30) days. All billings based on meter readings of less than twenty-seven (27) days or more than thirty-two (32) days shall be prorated accordingly. 2. METER TEST The Contractor, at his expense, shall periodically inspect and test the meters installed by him, at intervals of no longer than one (1) year. At the written request of the Contracting Officer, the Contractor, in the presence of Government representatives, shall make additional tests of any or all meters. The cost of such additional tests shall be borne by the Government if the per- centage of error is found to be not more than two (2) percent slow or fast. No meter shall be placed in service which on test registers in excess of one hundred (100) percent under normal operating conditions. II.A. GENERAL PROVISIONS 1. PAYMENT (a) The Contractor shall be paid by the designated disbursing officer for service furnished hereunder at the rates specified; provided, that the Govern- ment shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the billing period in which service is initially furnished and continuing until this contract is terminated, except that the minimum monthly charge shall be equitably prorated for the billing period in which commencement and termination of this contract shall become effective. (b) Payments hereunder shall be contingent upon the availability of appropriations therefor, and shall not be made in advance of the service rendered. Page 1 of 11 F6~~ *~81-D0003 F6 1 -80-R0033 (c) All bills for service shall be paid without penaity or interest and the Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the Contractor. (d) Invoices for service rendered hereunder shall contain statements of the meter readings at the beginning of the billing period, meter constants, consumption during the billing period, and such other pertinent data as shall be required by the Government. (e) The Contractor hereby declares that rates are not in excess of the lowest rates now available to any existing or prospective customer under like conditions of service, or of the same classifications, and agrees that during the life of this contract the Goverpment shall continue to be billed at the lowest available rate for similar conditions of service. 2. RATES AND CHARGES. (2) For all service furnished under this contract to the service location the Government shall pay the Contractor at the rates specified in the rate schedule Exhibit "B" attached hereto and made a part of this contract. . (b) For purposes of charges under this paragraph 2, any demands due to faulty operation of, or to excessive or Fluctuating pressure on, the Contractor's system shall not be included as part of the Government's -demand. 3. CHANGE OF RATES. (a) At the request of either party to this contract with reasonable Cause, the rates set forth herein shall be renegotiated and the new rates shall become effective as mutually agreed - provided that any rates so negotiated shall not be in excess of rates to any other customer of the Contractor under similar conditions of service. (b) No increase shall be requested in the contract rate unless the Contractor has placed into effect a general rate increase to all of his customers under similar conditions of service. If the contractor has placed into effect a general rate decrease, a corresponding decrease in the contract rate shall be made. Page 2 of 11 Amendment P00003 a |” 35501-81-D0003 +65501-80-R0033 4. CHANGE IN VOLUME OR CHARACTER OF SERVICE. The Contracting Officer shall give reasonable notice to the Contractor respecting any material changes anticipated in the volume or characteristics of the utility service required at each location. 5. CONTINUITY OF SERVICE AND CONSUMPTION. (a) The Contractor shall use reasonable diligence to provide a regular and reliable but interruptible supply of service at the service jocation, but shall not be liable to the Government for damages, breach of contract, or otherwise, for failure, suspension, diminution, or other variations of service occasioned by any cause beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either jts sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, or failure or breakdown of transmission or other facilities unforeseen or caused by lack of adequate generating capacity to supply the combined electrical Yoad during the 30-day peak load fishing season, provided that when any failure, suspension, diminution, variation of service or interruption shall aggregate more than ten (10) days during any billing period hereunder, an equitable adjustment shal] be made in the monthly rates specified in this contract (including the minimum monthly charge) - (b) In the event the Government is unable to operate the service location in whole or in part for any cause beyond its control and without its fault or negligence, including but not limited to acts of God or of the public enemys fires, floods, epidemics, quarantine restrictions, or strikes, an equitable adjustment shail be made in the monthly rates specified in this contract (including the minimum monthly charge) if the period during which the Government is unable to operate the service location in whole or in part shall exceed fifteen (15) days during any billing period hereunder. Page 3 of 11 Amendment P00003 ao F65501-81-D0003 _101-80-R0033 6. CONTRACTOR'S FACILITIES. (a) The Contractor, at his expense, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder to, and to measure the service at, the point of delivery specified in the Utility Service Specifications. Title to all of these facilities shall remain in the Contractor and he shali be responsible for all loss of or damage to those facilities except that arising out of the fault or negligence of the Government, its agents or its employees. All taxes and other charges in connection therewith, together with all liability arising out of the negligence of the Contractor in the construction, operation, or maintenance of these facilities shall be assumed by the Contractor. (b) The Government hereby grants to the Contractor, free of any rental or similar charge, but subject to the limitations specified in this contract, a revocable permit to enter the service location for any proper purpose under this contract, including use of the site or sites agreed upon by the parties hereto for the installation, operation, and maintenance of the facilities of the Contractor required to be located upon Government premises. Authorized representatives of the Contractor will be allowed access to the facilities of the Contractor at suitable times to perform the obligations of the Contractor with respect to these facilities. It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner con- sidered to be necessary for the national security. (c) The facilities shall be removed and Government premises restored to their original condition, ordinary wear and tear excepted, by the Contractor at his expense within a reasonable time after the Government shall revoke the permit herein granted and in any event within a reasonable time after termination of this contract, provided, that in the event of termination due to fault of the Contractor these facilities may be retained in place at the option of the Government until service comparable to that provided for hereunder is obtained elsewhere. 7. CONFLICTS. To the extent of any inconsistency between the provisions of this contract, and the provisions of any schedule, rider, or exhibit incorporated in this contract by reference or otherwise, the provisions of this contract shall control. 8. CONVICT LABOR (1975 OCT). In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment. Except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973. Page 4 of 11 FE""~1-81-D0003 Fi 1-80-R0033 9. CONTRACT WORK HOURS STANDARDS ACT - OVERTIME COMPENSATION (1971 Nov) This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) Violation; Liability for Unpaid Wages: Liquidated Damages. In the event of any violatin of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard work- week of forty hours without payment of the overtime wages required by paragraph (a). (c) Witholding for Unpaid Wages and Liquidated Damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b). (d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in all subcontracts, and shall require their inclusion in all subcontracts of any tier. (e) Records. The Contractor shal] maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for three years from the completion of the contract. Page 5 of 11 ” 7 | J1-81-D0003 | 44 301-80-R0033 10. EQUAL OPPORTUNITY (1976 JUL) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising: layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract Or understanding a notice to be provided by the agency Contracting Officer, advising the labor union or workers’ representative of the contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for Purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or.by rule, regulation, or order of the Secretary of Labor, or as Otherwise provided by law. Page 6 of 11 fuUveus OL yuu ~ ~55501-80-R0033 (7) The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued Pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, so that such provisions will be binding upon each subcon- tractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. II.8. GENERAL PROVISIONS incorporated by reference. The provisions of the contract clauses set forth in the following para- graphs of the Defense Acquisition Regulation (DAR) are incorporated into this contract by reference with the same force and effect as though herein set forth in full. (The complete text of any clause incorporated in this contract by reference may be obtained from the Contracting Officer. ) General Provision DAR Date of Number Paragraph Clause Title Clause VW] 7-103.1 Definitions 1979 Mar 12 7-103.8 Assignment of Claims 1962 Feb 13 7-103.12(a) Disputes, amended to include the : foilowing paragraph: 1958 Jan (c) The provisions of (a) above shall not apply to disputes which are subject to the jurisdicition of a Federal, State, or other appropriate regulatory body. The provisions of (a) above shall also be subject to the requirements of the law with respect to the rendering of utility services and the collection of regulated rates. (1968 Sep) 14 7-103.19 Officials Not to Benefit 1949 Jul 15 7-103. 20 Covenant Against Contigent Fees ~ 1958 Jan 16 7-104.3 Buy American Act 1964 May 17 Reserved 18 7-104.16 Gratuities 1952 Mar TI.C. ADDITIONAL GENERAL PROVISIONS 19. APPROVAL OF CONTRACT (1949 JUL) If this contract exceeds $50,000.00, the following clause shall be applicable: This contract shall be subject to the written approval of the Secretary of the Air Force or his duly authorized representative and shall not be binding until so approved. 20. ALTERATIONS IN CONTRACT (1949 JUL) . fr The fellowing alterations have been made in the provisions of this contract. P. 7 of 11 . aqea of £ 7" 501-81-D0003 25501-80-R0033 ADDITIONAL GENERAL PROVISIONS FOR UTILITY SERVICE CONTRACTS 21. The following Additional Provisions applys to General Provision 3, Public Regulation and Change of Rates: The Contractor shall give the Contracting Officer written notice of the filing of an application for rate changes concurrently with the filing of an application. The notice shall fully describe the proposed rate change. In the event that the regulatory body promulgates any regulation not concerning rates which materially affects this contract, the Contractor shall immediately notify the Contracting Officer. 22. PAYMENTS. (a) Payments for the services rendered under this contract shall be made monthly upon submission of proper invoices to 21CSG/DEIC, Elmendorf AFB, AK 99506. (b) Recognition is given to the fact that the Government fiscal year ends on September 30. Payments hereunder shall be contingent upon the availability of appropriations therefor. 23. MULTIPLE SERVICE LOCATIONS. (a) The Contracting Officer may at any time, by written order, designate any service location within the service area of the Contractor at which service shall be furnished or discontinued thereunder, and the contract shall be modified in writing accordingly by adding to or deleting from the Service Specifications the name and location of the appropriate service location, by specifying.a different rate, if applicable, the appropriate point of delivery, different service specification if applicable, and any other appropriate terms and conditions. (b) The minimum monthly charge specified in this contract shall be pro- rated for the billing period in which commencement or discontinuance of service at any service location designated under the Service Specifications shall become effective. : 24. PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (1975 OCT) The Contractor shall follow the provisions of DMS Reg 1 or DPS Reg 17 and all other applicable regulations and orders of the Bureau of Domestic Commerce in obtaining controlled materials and other products and materials needed to fill this order. , Page 8 of ll ~3501-81-D0003 » §5501-80-R0033 ADDITIONAL GENERAL PROVISIONS FOR UTILITY SERVICE CONTRACTS 25. CONNECTION CHARGE. (a) Charge. In consideratin of the furnishings and installation by the Contractor at his expense of the new facilities described in Exhibit "A", attached hereto and made a part hereof, the Government shall pay the Contractor, as a connection charge, after receipt of satisfactory evidence of completion of the facilities, the sum of -0- dollars, representing the sum of -0- dollars, less the agreed salvage value in the amount of $ -0- as shown on Exhibit "A", provided that as a condition precedent to final payment, the Contractor, if required by the Contracting Officer, shall execute a release in terms acceptable to the Contracting Officer of claims against the Government arising under or by virtue of the installation. (b) Ownership, Operation, and Maintenance of New Facilities. Notwith- standing the payment by the Government of a connection charge, the facilities to be supplied by the Contractor under this contract shall remain the property of the Contractor and, at all times during the life of this contract or any renewals thereof, shall be operated and maintained by the Contractor at his expense. (c) Credits. (1) The Contractor shall credit the Government, on each monthly bill for service furnished under this contract, -0- percent of the amount of the bill as rendered until the accumulated credits equal the amount of the connection charge, provided that the Contractor may at any time credit up to 100 percent of the amount of each such bill. (2) In the event the Contractor, prior to any termination of this contract, but subsequent to completion fo the facilities provided for in this clause, serves any customer other than the Government (whether the Government is being served simultaneously, intermittently, or not at all) by means of these facilities, the contract, unless otherwise agreed to by the parties in writing at that time, shall promptly accelerate the credits provided for under sub- Paragraph (1) above, up to 100 percent of each of the Government's monthly bills until there is refunded that part of the unrefunded connection charge as the portion of the facilities described in Exhibit "A". (3) In the event the Contractor terminates this contract, or defaults in performance, prior to full credit of any connection charge paid by the Government, the Contractor shall pay to the Government an amount equal to the uncredited balance of the connection charge as of date of the termination or default. : Page 9 of 11 F65501-81-D0003 F65501-80-R0033 ADDITIONAL GENERAL PROVISIONS FOR UTILITY SERVICE CONTRACTS (d) Termination Prior to Completion of Facilities. The Government reserves the right to terminate this contract at any time prior to completion of the facilities provided for herein 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 fair compensation, exclusive of profit, with respect to those facilities. (e) Termination Subsequent to Completion of Facilities. In the event the Government terminates this contract subsequent to completion of the facilities for which the Government is to pay a connection charge, but prior to the crediting in full by the Contractor of any connection charge in accordance with terms of this contract, the Contractor shall remove such facilities at his expense within three (3) months after the effective date of the termination by the Government; provided that the Government shall have the option of purchasing the facilities or any part thereof at the agreed salvage value set forth herein, and the Contractor shall leave in place any facilities which the Government elects to purchase at the agreed salvage value. 26. TERMINATION LIABILITY. (a) Facilities. The Contractor shall furnish and install at his expense, the facilities described in Exhibit "A" , attached hereto and . Made a part hereof. (b) Ownership, Operation, and Maintenance of New Facilities. Unless purchased by the Government under the provisions of paragraph (e) of this Provision, the facilities to be supplied by the Contractor shall be and remain the property of the Contractor, and at all times during the life of this contract or any renewals thereof shall be operated and maintained by the Contractor at his expense. (c) Termination by the Contractor. In the event the Contractor terminates this contract or defaults in performance, the Government shall have no obligation to pay the Contractor any amount for his connection obligation pursuant to the terms of this contract. (d) Termination Prior to Completion of Facilities. In the event the Government terminates this contract prior to completion of the facilities Provided for herein, the Contractor shall be paid fair compensation, exclusive of profit, for the work performed with respect to these facilities. Page 10 of 11 Amendment P00003 “©65501-81-D0003 35501-80-R0033 _ ADDITIONAL GENERAL PROVISIONS FOR UTILITY SERVICE CONTRACTS (e) Termination Subsequent to Completion of Facilities. In the event, the Government terminates this contact subsequent to completion of the facilities provided for herein, and prior to three *, the Government shall pay the Con- tractor the sum of $100,000.00 dollars** less one/thirty-sixth (1/36}«* of that amount for each month this contract remains in effect. In the event of termination the Contractor shall remove within twelve months any facilities located on Government property, provided that the Government shall have the option to purchase the facilities located on Government property at the agreed Salvage value of $30,000.00 dollars. * Insert the date or length of time as negotiated. ** Insert lump sum, not to exceed cost of connection less salvage value. Include breakdown of cost by items in the Exhibit attached. ***Conplete the fraction by inserting the number of months comprising the amortization period. A monthly amount in lieu of a fraction may be used. In that case divide the lump sum by the number of months to derive the monthly amount and substitute the following language: “Less (insert monthly amount) dollars multiplied by the number of months service has been received and ; paid for prior to the date of termination." If there is a probability that the new facilities furnished under the above clause may be used at a later date to Serve new consumers other than the Government and no allowance for this has ‘been made in computing the charge, additional provisions should be included in the clause to assure that the Government receives such credits as may be ‘equitable under the circumstances. Page 11 of 11 F65501-81-D0003 F65501-80-R0033 EXHIBIT "A" ELECTRIC SERVICE SPECIFICATIONS 1. Specific Premises to be Served: Air Force Forward Operating Base, King “Salmon Airport, Alaska. 2. Estimated Service: timated maximum demand: 1000 KW,’ 700 KW average. Estimated annual consumption: 5,600,000 KWH (The Government is in no way obligated to use nor is it restricted to the above estimate). : 3. Point of Delivery: The point of delivery of service shail be Air Force Primary Distribution System at King Salmon AC&W Station. 4. Description of Electric Service: Contractor will supply 3-phase, 3-wire, 60-cycle, alternating current at 7,200 volts. The voltage of Contractor's high tension line is 14.4/24.9 KV. Substation transformers: normal capacity 1,500 KVA; wye delta connected, high side Y 14.4/24.9 KV, low side 7.2 KV. Lighting arresters: type standard. Switching apparatus; high side, fused disconnects arrester 15 KV interrupting capacity 16,000 amps; low side, OCB 7.2 KV, interrupting capacity 50 MVA, 3-phase. 5. Metering and Billing: Service will be measured at low voltage side by a Single watt hour meter. 6. Alterations and Additions: (1) Allowable voltage regulation - +5% _ (2) Allowable frequency regulation - +0.5 cycles (3) Rapid fluctuation in frequency or voltage at any time regardless of the limits specified above are not acceptable. b. Point of Delivery: Delivery shall be to the Air Force primary distri- bution system at King Salmon Airport adjacent to the main power plant, building number 638, c. Description of Service: The contractor will supply 3-phase, 60-cycle, alternating current to the existing Air Force owned 7200 volt primary distri- bution system at King Salmon Airport. The purchased power will be used as the main source of electrical-energy for all facilities currently tied to that system, d. Metering and Billing: Service will be measured at the point of delivery of the power to the Air Force. A new Naknek Electric owned killowatt-hour -meter will be installed at a location convenient for the supplier. Air Force Page 1 of 2 (Amend P00002) ! -"5501-81-D0003 ve EXHIBIT "A" 55501-80-R0033 ‘billing will be based on this meter reading. In addition to measuring power consumed, the Air Force requires recording type devices to monitor the voltage "and frequency at the point of delivery. These should be installed inside the Cummins power plant (building number 638) at a location where they can be “easily monitored. The recording meters will be owned and maintained by Naknek Electric. A six month supply of chart paper will be provided to the 5071 ARS Civil Engineer at the start of the contract by NEA. The Air Force will pro- vide all additional charting materials at its expense. 5071 ABS power produc- tion personnel will be responsible for changing the charts and notifying Naknek Electric when maintenance is required. All meters will be tested and calibrated by Naknek Electric every year to insure accuracy. e. Synchronization: The Government will be permitted to synchronize its generating equipment at the King Salmon Airport standby powex plant with the power supplied by the contractor. This will be done whenever the need occurs to switch the load from one power source to the other. However, existing synchronization in the Air Force power plant is adequate only for transferring the base load from commercial to Government power. Additional synchronization and switching equipment is required. This will be furnished, installed, and maintained by NEA and it will provide Capability to transfer the Air Force load from the Cummins power plant to the Naknek system. The control point for all switching and synchronization shall be from inside building 638, 5071 ABS power production personnel will be responsible for all switching and synchroniza- tion operations. f. Notice of Interruption: In the interest of national defense, the Contractor will make good faith efforts to give the Government reasonable notice, thirty + minutes or more, of any planned interruption of electrical service to the Government, and will to the best of its ability attempt to retain the Air Force as a preferred Customer during the period prior to the interruption in order to allow the Air Force's standby power plant time to assume the Air Force's electrical load. g. Standby Power: The Air Force will maintain a primary power plant in standby status at King Salmon Airport and it will have sufficient generating equipment to assume the entire Air Force load in the event of interruption of power by the Utility. To maintain the plant in a ready status, the Air Force exercises the facility once each month for a period of not less than two hours and with normal base load. Disconnection from Naknek Electric Association power will be required during the exercise periods. 5071 ABS power reduction personnel will coordinate this action With Naknek Electric Association well in advance of the actual switching of the load, ‘ - Page 2 of 2 (Amend P00002) x ntract F65501-81-D0003 EXHIBIT "A" ADDITIONAL ELECTRICAL SERVICE SPECIFICATIONS 1. In conjunction with para 6d, entitled Metering and Billing, Electric Service Specifications, the following will apply: The Contractor shall provide the following devices: Volts and Frequency Recording: A solid state instruments microporcessor controlled thermal head type chart recorder shall be provided and installed in the new control panel. This unit would record voltage and frequency on the same paper chart and includes self disgnostics, curve labeling, and generates its own background grid. A six month supply of paper shall be supplied by the Contractor and subsequent supplies by the Air Force. All normal instrument maintenance will be performed by the Contractor. 2. SYNCHRONIZING LOGIC AND EQUIPMENT It is assumed that the existing synchro panel is of the two line, incoming running type and that approporiate signals can be utilized from within the exist- ing switch-gear for synchronizing purposes. Should this not be true, the Con- tractor will install a third potential transformer on the pole for the sole pur- Pose of synchronization. The Contractor will accept responsibility for the syn- chronization wiring. 3. REVERSE ROTATION AND LOSS OF PHASE PROTECTION : A Time-Mark 3 phase power monitor will be added to the panel. This unit senses loss of any phase, reversed phase sequence, and low voltage on any phase. The unit shall be provided with a four to five second dropout time. 4. REVERSE POWER PROTECTION A reverse power relay will be added to the panel and set to trip at about a 50 kw reverse power condition. 5. CONTROL AND WIRING DIAGRAMS As-built drawings and plans and specifications will be made available to the Air Force. Page 2A y mtract F65501-81-D0003 EXHIBIT "B" RATE SCHEDULE EXTRACT The following power rate was extracted from the Naknek Electric Association Proposal, F65501-80-D0033, with negotiated price adjustment reflected. SCHEDULE W NAKNEK DIVISION WHOLESALE POWER COST AVAILABILITY Available to customers desiring to purchase wholesale power and whose demand exceeded 500 kva during any period throughout the calendar year. TYPE OF SERVICE To be determined and made a part of a subordinate contract to be entered into with each customer utilizing such service. RATES All energy sold - 9.9¢/KWH MINIMUM MONTHLY CHARGE The minimum monthly charge under the above rate shall be $15,000/month. FUEL COST ADJUSTMENT CHARGE A surcharge or credit may be applied to each billing for service rendered under this Schedule to reflect increases or decreases in the cost of fuel compared to the base cost of fuel. Current Fuel Cost Surcharge = (¢/Gallon) 7 52.3¢/Gallon (¢/KWH) Average No. of KWH Sold Per Gallons of Fuel Consumed During Latest 12 Months the F65501-81-D0003 (CTAMOARD FORM 71966 To . GETERAL SERVICES aQnmuis RA ION AMENDMENT OF SOLICITATION / MODIFICATICN OF CONTRACT 1 1 4. PROJECI NO. (If applicable) | 1, AMENOMENT/MOODIFICATION NO. 2. EFFECTIVE DATE 3. REQUISITION /PURCHASE REQUEST NO. POOOO2 | O MAY 12 F7DEMGO0990001 5. ISSUED BY H CODE 6. ADMINISTERED BY (Jf other than block 5) CODE | Base Contracting office/Lacsy ———— P.O. Box 875 Elmendorf AFB, Alaska 99506 Buyer: Mrs Campbell, Phone: 752-4704 7. CONTRACTOR CODE FACILITY CODE NAME 4AND ADDRESS f AMENOMENT OF 4 Gd souiciianon No.E65501-80-R0033 80 APR 11 OATED (See block 9) Naknek Electric Association, Inc. (Street, city, P.O. Box 118 and zip" Naknek, Alaska 99633 Code) MODIFICATION OF CONTRACT / ORDER NO. Wu DATED (See block 11) . THIS BLOCK APPLIES ONLY TO AMENDMENIS OF SOLICITATIONS Q The obove numbered solicitation Is amended os set forth in block 12. The hour and date specified for receipt of Offers |A Offerors must acknowledge receipt of this omendment prior to the hour and date specified in the solicitation, Is extended, Is not extended. or as amended, by one of the following methods: {o) By signing ond returning__]___copies of this amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submilted; or (c) By separate leiler or falegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEOGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this amendment you desire to change an offer aiready submitted, such chonge may be made by telegram or leiter, provided such telegram or letter makes reference to the solicitation and this emendment, and is received prior to the opening hour and dale specified. 10. ACCOUNTING AND APPROPRIATION DATA (If required) 11, THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS /ORDERS (0) This Chonge Order is issued pursuant to. The Changes se! forth in block 12 are made to the above numbered contract /order. (b) (ce) This Suppiemental Agreement Is entered into pursuant to authority of L_] The above numbered contract/order Is modified to reflect the odministrative changes (such as changes in paying office, appropriation dato, etc.) set forth in block 12. Mt modifies the cbove numbered contract as set forth in block 12. 12. DESCRIPTION OF AMENDMENT/MODIFICATION A. AMENDMENT POQOO1 IS HEREBY DELETED IN ITS ENTIRETY. B. ADD THE ATTACHED PAGES 1 AND 2, ELECTRIC SERVICE SPECIFICATIONS. C. THE OPENING DATE IS EXTENDED FROM 12 MAY 1980 TO 23 JUNE 1980, Except as provided herein, all terms and conditions of the document referenced in block 8.a3 heretofore changed, remain unchanged and in full force and effect. 13. RACT FFER a] FO eR ae Oe ERS NOT REQUIRED (3) commeactOR/ OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN__]__COPIES TO ISSUING OFFICE 14, MAME OF CONTRACIOR/ QFFEROR 17. UNITED STATES OF AMERICA ; — B S nao =<" «<.; ee ey (Signoture of person authorized 10 p (Signature of Contracting Officer) 15, NAME AND TITLE CF SIGNER (Type or print) ‘ 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) General’ Counsel, NEA 6/02/80 19. DAIE SIGNED ec an antares 32, APPROVED SY NARS 5527 ; F65501-31-00093 a [STANSATD FORM 30, JULT 1966 | i 7 Pace] OF GENLRRL SL AVICES ADMINISTRATION AME = aENT OF SOLICITATION/MODIFIC UN CF CONTRACT +*Fe0, PROC. REG [41 CFR 1-18 101 | 1 2 °1 IT AMENOMENT, MODIFICATION NO. 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST NO. 4. PROJECT NO. (If applicable) «| P00003 80 Jun 18 | F7DEiiGO0990001 | 5. ISSUEO BY CODE 6. ADMINISTERED BY (if other tran dlock 5) CODE Base Contracting Office P. 0. Box 875 Elmendorf AFB, AK 99506 Buyer: Mrs Campbell, Phone: 752-4704 7 SAC Ga CODE FACILITY CODE 8. Cee a Ky SMENOMENT OF, F65501-80-R0033 Naknek Electric Association, Inc. paren 80 Apr TTL | pce bole 9) (Street, city, P. 0. Box 118 endzip ~~ Naknek, Alaska 99633 (C7 Contnacryonoen no, Code) L ie pamo” (See block 11) 9. THIS BLOCK APPLIES ONG TO AMENOMENTS OF SOLICITATIONS &] The above numbered solicitation is amended as set forth in block 12. The hour and dote specified for receipt of Offers © is extended, is not extended. Ctierors must acknowiedge receipt of this amendment prior to the hour and date specified in the solicitation, or os omendea, by one of the following metnoas: (0) By signing and returning__|__copies of this amendment; {b) By acknowledging receiot of this amendment on each copy of the offer submitted; or (c) By separote letter or telegram which includes o reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO SE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this omendment you desire to change an offer already whmitted, wch change may be made by telegram or lenter, pronded such telegrom or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 10. ACCOUNTING ANO APPROPRIATION DATA (If required) 11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. (2) This Change Order is issued pursuant to The Chongas tet forth in block 12 are made to the above numbered contract/order. {b) The above numbered contract/order is modified to reflect the administrative changes (such os changes in paying office, appropriation dato, ete.) set forth in block 12 () This Supplemental Agreement is entered into pursuant to authority of It modifies the adove numbered contract as set forth in block 12. 12. DESCRIPTION OF AMENOMENT/MODIFICATION Utility Services (Electricity) - King Salmon AFS, AK A. PROPOSAL OPENING DATE is hereby changed to 8 July 1980 : B. Delete Page 1 of 4 in its entirety and substitute the attached Pages 1 of 4 and 1A of 4 in lieu thereof. C. Delete Pages 2 and 3 of 11, Paragraph IIA, General Provisions, in their entirety and substitute the attached Pages 2 and 3 of 11, Paragraph IIA, General Provisions in lieu thereof. D. Change General Provision Reference number 13, Paragraph IIB, Page 7 of 11] to read as follows: General Provision DAR Clause Date of Number Paragraph Title Clause 13. 7-103.12 Disputes 1979 MAR Except a8 prowaed herein, all terms and conditions of the document referenced in block 8. as heretofore changed, remain unchanged and in full force and effect. 3 bs . fo seine pocumen ORF UIRED (X} CONTRACTOR, OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING OFFICE Ta) NAME OF CONTRACTOR OFFEROR 17. UNITED STATES OF AMERICA 4 ov 16. OATE SIGNED 13. NAME CF CONTRACTING OFFICER (Type or print) 19 DATE SIGNED Sgr atwre OF Geran as by Kereta» Li Lap arate of Convrachag Oat 15. NAME OF TITLE OF SIGNER Type or print) Manager 6-23-80. 30-101-20 =: a _ . . rODDUL-6L-UUUU 1 PAGE i ot eal - ella ale ae le ae : AFAED : OS COMTRAsCT : 1} 1 i 2 VE DATE 3. RE QUISITION/PURCHASE REQUEST NO. 2. PPOILCT NO. (if applicable) 8 JUL 02 F7DEMGOO990001 ; | i [6 ADMINISTERED SY (Uf ofaer taan biock 5) ODE | Sao 4 ; 3 ISSUED BY CODE ; Base Contracting Office/LGCBY P.O. 80x 875 ir AFB, Alaska 99506 Buyer: Mrs Campbell Phone: 752-4704! 7. CONTRACTOR cove , { FACILITY CODE 48. NAME ANO ADORESS | i a) Naknek Electric Association, Inc. (Street. city. P.O. Box 118 county. state, Naknek ; AK agg 33 MCOIFICATION OF and ZIP CONTRACT/CRDER NC.. Code) APAENDMEMT OF CT} souciranon No £05501-80-R0033 parce 89 APR 11 pee biuck 9) Le _j patrp_” (See block 11) ” THis BLOCK APPLIES ONLY TO AMENDMENTS CF SOLICITATIONS a rT XJ The edove numbered solicitation is amended as set forth in dlocx 12. The hour and date speciiied for receipt of Offers LJ 1s extended, od is not extended Ofierors must actnowiedge receipt of this amendment prior to the hour ona date soecified in the solicitation, of as amended, by one of the following mothods: r (e) By signing ond returning___conies of this amenamert. (b) Sy ocknowiedging receist of this amendment on eorh copy of tet offer submitted: or (<) Sy seporate lerter or telegram which incivoes @ reterence to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO Pf RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR ANC DATE SPECISIED MAY RESULT IN REJECTION CF YOUR OFFER. Hf, by virtue of this omencment you desire io change an citer already submitied, such chang= msy be made by telegrem or letter, providea such telegram or letter makes reference to the solicitction and this amendment, and it recewed prior to the opening hour and date specified. 10. ACC STING AND APPROPRIATION DATA Uf required) o 11. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, j (0) LJ this change Order is issued pursvont to The Changes set forth im block 12 ore mace to the above numbered contract/order. (b) The odove numbered contract/order is modified to retlect the administrative changes (such os changes in paying office. appropriation dota, etc.) set forth in block 12. () Thit Supplemental Agreement is entered into pursuant to authority of It modifies the above numbered contract as set forth in block 12. 12. DESCRIPTION OF AMENOMENT/MODIFICATION UTILITY SERVICES (ELECTRICITY) - KING SALMON AFS, AK A. Add the following as Paragraph 9, Page 4 of 4, Information to Offeror: 9. COST AND PRICING DATA: Contractor is required to submit cost or pricing data on DD Form 633 as part of his proposal in accordance with Defense Acquisiton Regulation 3-807. B. Proposal opening date is NOT extended. Eaceot as prowded herein. all terms ond conditions of the document referenced in block 8, os heretofore changed, remain unchanged ond in full force and eHect 3 CONTRACTOR /OFFEROR IS NOT REQUIRED TOR) Ss TO SIGN THIS DOCUMENT Q CONTRACTOR/OFFEROR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _j__ copies TO ISSUING OFFICE 14. NAME OF CONTRACTOR/S+F6202, \) 17. UNITED STATES OF AMERICA (Ecqnarore of Conwachag Citar) 1S NAME OF TITLE OF S\GNER (Type or print) 16. DATE SIGNED 18. NAME OF CONTRACTING OFFICER (Type or print) ] 19. DATE SIGNED Roger R. Kemppel ‘ VF az General Counsel for NEA PAAN GC 30-101-29 vO ;