HomeMy WebLinkAboutLevelock Waste Heat Contract 1989oe e \, S & S LEVELOCK WASTE HEAT®: A732
AGREEMENT
PURPOSE
This Agreement is entered into this AO _ day of Zick, 1989 between SOUTHWEST REGION SCHOOL DISTRICT (the District) and ALASKA POWER AUTHORITY (the Power Authority) to outline responsibilities associated with the re-design and re-construction of the Levelock School's waste heat system.
At the present time, the Levelock School is using electricity in excess of normal requirements for a school of its size and electrical load. The quality of waste heat recovered from the community's generators is also below what such a system is capable of producing. The origin of the school's high energy costs has been traced to design problems with the waste heat recovery system.
5147/930/(1)
( e @
ARTICLE A
ALASKA POWER AUTHORITY COVENANTS
The Power Authority will:
1. Analyze the existing waste heat recovery system and prepare a new
design.
2. Provide copies of the new design to the District for written approv-
al by the District and the Levelock Electric Cooperative.
3. Purchase the replacement heat exchanger for the project, and provide
a detailed materials list to the District for other materials needed to
complete the project.
4. Provide advice and assistance to the District during the re-
construction, start-up, and initial operation of the re-constructed
system.
5. Inspect the final installation, and prepare letters of acceptance of
project completion for signature by the District and the Levelock
Electric Cooperative.
5147/930/(2)
ARTICLE B
SOUTHWEST REGION SCHOOL DISTRICT COVENANTS
The Southwest Region School District will:
1. Present the re-design of the waste heat recovery system to the
Levelock Electric Cooperative for their review and written approval of
re-design features that affect power plant operations. A form for
written approval is presented in Appendix 1 to this Agreement. Written
approval shall be secured within 10 working days of receiving the new
design.
2. Review the Power Authority's re-design of the waste heat system and
provide written approval of those parts of the system that directly.
affect the operation of the District's system in the Levelock school.
Written approval shall be secured using the form in Appendix 1, within
10 working days of receiving the new design.
3. Order all materials detailed in the work list specified by the Power
Authority and maintain responsibility for accounting and payment of
invoices.
4. Obtain all permits, renewal of easements, licenses or any other
approvals necessary to re-construct the waste heat system.
5. Hire and supervise work force to complete re-construction of waste
heat system according to Power Authority plans, specifications and
directions. This includes responsibility for payroll, on-site interim
inspections and other activities necessary for completing this project
in a timely manner. The costs of project supervision shall be borne by
the District.
6. Provide the Power Authority with the school's heating fuel records
for the 12 months preceding and following completion of the waste heat
system re-construction.
7. Notify the Power Authority of any operational problems occurring
within the 12 month period following re-design of the waste heat system.
8. Provide necessary tools and equipment.
9. Provide color slides of system re-construction illustrating changes
made. The Power Authority’ will use these slides to provide information
on energy programs to the public.
5147/930/(3)
ARTICLE C
SCHEDULE AND BUDGET
1. Completion Date. This project shall be completed prior to June 30,
1990. Billings for work performed before this date may be processed
through August 31, 1990. The approximate duration of the project will
be about one month.
The Southwest Region School District shall Provide the Power Authority
with a schedule indicating dates for completing activities outlined in
this Agreement.
2. Project Budget.
(a) Labor. The District shall provide labor for this project at
the hours and rates estimated below:
Job Class Rate Number of Hours Total ($7Hour) (3)
Welder oo 120 4,200
Welder's Assist 20 60 1,500
(b) Travel. Travel is estimated at 8 one-way trips for the
project supervisor, welder, welder's assistant, and materials.
Cost is estimated at $180 per one-way trip, for a total cost
not to exceed $1,440.
(c) Materials. The estimated cost of materials to be purchased by
the District for this project is $5,000. The heat exchanger
will be purchased separately and shipped by the Power
Authority. The cost for this item is not included in the
$5,000 budgeted for materials.
(d) Contingency. An amount of 10% of the total Agreement shall be
set aside to cover unforeseen costs. These costs shall be
incurred pursuant to conditions stated in paragraph 4 of this
Article.
3. Reimbursement. Reimbursement shall be based upon actual costs
incurred by the District. Invoices shall be accompanied by time sheets
indicating labor rates and hours billed, vendor receipts, and other
documentation that supports requests for reimbursement.
4. If the District's actual costs exceed the budget estimate outlined
in Article C, paragraph 2, the District shall receive written authoriza-
tion from the Power Authority prior to incurring expenditures that will
be claimed against the funds in this Agreement.
5147/930/(4)
ARTICLE D
CONSIDERATION
Funds for this Project Agreement are available in SLA 1988, Chapter 173, Page 38, line 19. Expenditure of project funds will be recorded under Alaska Power Authority Ledger Code 81826305.
The total amount of this Agreement shall not exceed $13,500. This amount shall be encumbered under the Ledger Code listed above to fulfill obligations for work performed and approved as part of this Project Agreement. Unused funds shall be returned to Power Authority Colloca- tion Code 81899498.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year of the contract.
Dated: By:
Robért E. LeResche
Executive Director
Approved:
5147/930/(5)
( { @ @
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The fonegaing Agreement was acknowledged before me this at day of nal » 1989, by Robert E. LeResche, the Executive Director of ‘the Alaska Power Authorjty, an Alaskan Corporation, on behalf of the Corporation. \I
SOUTHWEST REGION SCHOOL DISTRICT
Dated: 3 Lofe7 By <2
Its: oye LEE 2 fI--_~ Tcer
STATE OF ALASKA ) ) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledge before me this ap day of Wark -__» 1989, by Martin A. Myhre, the Business Manager of Southwest Region School District.
44 QL...
H tut, C nlerrra 1~
Notary Public, State of Alas
My Commission Expires: /2/¢/¢u al : 5147/930/(9)
ARTICLE E
MUTUAL COVENANTS
The Power Authority and the District agree to the following:
1. Indemnification
(a) The Power Authority and the Grantee shall indemnify, save
harmless and defend the other party to this Agreement, its
officers, agents, servants, and employees from all liability,
including costs and expenses, for all actions or claims
resulting from injuries or damages sustained by any person or
property arising directly or indirectly as a result of any
error, omission or negligent act of the indemnifyina party,
its officers, agents, servants, or employees or anyone direct-
ly or indirectly employed by it in the performance of this
Agreement.
The labor provided by the District under Article 3, Paragraph
2 of this Agreement shall be considered the officers, agents,
servants or employees of the District for purposes of constru-
ing these indemnification provisions.
(b) All actions or claims, including costs and expenses, resulting
from injuries or damages sustained by any person or property
arising directly or indirectly from the District's performance
of this Agreement, which are caused by the joint negligence of
the Power Authority and the District, shall be appropriated on
a comparative fault basis. Any such negligence on the part of
the Power Authority must be a direct result of active involve-
ment by the Power Authority.
25 Rights to Rescind Funds and Terminate Agreement. The District acknowledges the right of the Power Authority to rescind the funds
authorized by this Agreement and terminate this Agreement without
payment of liquidated damages to the District if it is determined by the
Power Authority to be in the best interest of the State to do so, if
funds are no longer available, or for cause.
For the purpose of this paragraph, "cause" is defined as "the provision
of incorrect or misleading information by the Grantee or the Grantee's
failure to provide information that, in the opinion of the Power Author-
ity, is a material fact that would have influenced its actions. Under
these conditions, the District waives any right of recourse and will
reimburse the Power Authority for all funds the District has received as
a result of this Agreement plus all costs, including attorneys' fees,
incurred by the Power Authority to perfect its claim or collect those
funds.
5147/930/(6)
Availability of Funding. The District acknowledges that this Agreement
is subject to availability of money from the State of Alaska or other
sources to finance performance under this Agreement. If funding is
withdrawn, reduced, or limited in any way after the effective date of
this Agreement and before the completion of performance, the Power
Authority may terminate the Agreement without incurring liquidated
damages. The Power Authority may, in its discretion, renegotiate the
terms of this Agreement to comply with any new funding limitations or
conditions.
3. Audit Requirements. This grant is subject to the audit requirements
of titTe 2, thapter 45 (Grant Administration) of the Alaska Administra-
tive Code (AAC), commonly referred to as the "Single Audit Regulation."
4. Grantee not Being Agents of the Power Authority. It is agreed that
the Grantee, its officers, agents, servants and employees shall act in
an independent capacity and not as agents of the Power Authority in the
performance of this Agreement.
5. Disputes. Either party to this Agreement may bring an action
against the other party in the superior court for the State of Alaska to
resolve a dispute arising under this Agreement. Any lawsuit involving
this Agreement shall be heard by the superior court, Third Judicial
District at Anchorage. All legal costs, including attorneys' fees not
otherwise provided for in this Agreement, shall be allocated pursuant to
Alaska Civil Rule 82.
6. Rights of Other Parties. It is the intent of the parties that this
Agreement confer no rights to any third parties.
7. Binding Effect. This Agreement and all of its terms, covenants,
conditions and appendices represent the entire Agreement and shall
extend to and be binding upon the respective heirs, executors, adminis-
trators, grantees, successors and assigns of the parties to this Agree-
ment.
8. Severability. If any section, paragraph, clause or provision of
this Agreement or any agreement referred to in this Agreement shall be
finally adjudicated by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement shall be unaffected by
such adjudication and all the remaining provision of this Agreement
shall remain in full force and effect as if such section, paragraph,
clause or provision or any part thereof so adjudicated to be invalid had
not been included herein. ~
9. Declaration of Public Benefit. The parties acknowledge that the
Project 1s to be constructed for the benefit of the general public and
will not deny any person use of Project facilities or use of power
produced from Project facilities due to race, religion, color, sex or
national origin.
5147/930/(7)
@ @
10. Notices. Any notice required of either party shall be in writing. Unless receipt of such notice is expressly required by the terms of this
Agreement, it shall be deemed served when deposited in the mail in a
sealed envelope, with sufficiently first class postage affixed, and
addressed to the appropriate party. The notices shall be sent to each
party's place of business, which in the case of the Power Authority shall be:
Robert E. LeResche, Executive Director
Alaska Power Authority
P.0. Box 190869
Anchorage, Alaska 99519-0869
and in the case of the District shall be:
Martin A. Myhre
Business Manager
Southwest Region School District
P.O. Box 3196
Dillingham, Alaska 99576
5147/930/(8)
LEVELOK WASTE HE AGREEMENT @ Page 9 of 10
LEVELOCK SCHOOL
WASTE HEAT REDESIGN
I have reviewed the Alaska Power Authority design for reconstruction of
the waste heat system between the Levelock power house and the Levelock school. My signature below indicates approval of the design and gives
my permission to enter the power plant to perform reconstruction work.
Apokedak
evelock Electric Cooperative
5072/939(9)
—
LEVELOCK SCHOOL
WASTE HEAT RE-DESIGN
I have reviewed the design for reconstruction of the waste heat system
between the Levelock power house and the Levelock school. My signature
below indicates approval of the design.
22 BaF T
itle Le, ZA a= at
Southwest Region Ceci District
5147/930/(11)
Aerie 3/¢/89
LEVELOCK WASTE HEAT
AGREEMENT
PURPOSE
This Agreement is entered into this day of > 1989
between SOUTHWEST REGION SCHOOL DISTRICT (the District) and ALASKA POWER
AUTHORITY (the Power Authority) to outline responsibilities associated
with the re-design and re-construction of the Levelock School's waste
heat system.
At the present time, the Levelock School is using electricity in excess
of normal requirements for a school of its size and electrical load.
The quality of waste heat recovered from the community's generators is
also below what such a system is capable of producing. The origin of the
school's high energy costs has been traced to design problems with the
waste heat recovery system.
WY y
. » - Yym b~
4 AWA 7 iy qh RO JU dy} x U-C “V4 A
|
5147/930/(1)
ARTICLE A
ALASKA POWER AUTHORITY COVENANTS
The Power Authority will:
1. ~Performamr Ana lys#S- ofr the existing waste heat recovery system and
prepare a new design.
2. Provide copies of the new design to the District for written
approval by the District and the Levelock Electric Cooperative.
3. Purchase the replacement heat exchanger for the project, and provide
a detailed materials list to the District for other materials needed to
complete the project.
4. Provide advice and assistance to the District during the
re-construction, start-up, and initial operation of the re-constructed
system.
— 5. Performan inspection of the final installation, and prepare letters
of acceptance of project completion for signature by the District and
the Levelock Electric Cooperative.
5147/930/(2) -2-
ARTICLE B
SOUTHWEST REGION SCHOOL DISTRICT COVENANTS
The Southwest Region School District will:
1. Present the re-design of the waste heat recovery system to the Levelock Electric Cooperative for their review and written approval of
re-design features that affect power plant operations. A form for
written approval is presented in Appendix 1 to this Agreement. Written
approval shall be secured within 10 working days of receiving the new design.
2. Review the Power Authority's re-design of the waste heat system and
provide written approval of those parts of the system that directly
affect the operation of the District's system in the Levelock school.
Written approval shall be secured using the form in Appendix 1, within
10 working days of receiving the new design. lea
3.4 Order all materials detailed in the work list specified by the Power
Authority and maintain responsibility for accounting and payment of
invoices.
4. Obtain all permits, renewal of easements, licenses or any other
approvals necessary to re-construct the waste heat system.
5. Hire and supervise work force to complete re-construction of waste heat system according to Power Authority plans, specifications and
directions. This includes responsibility for payroll, on-site interim inspections and other activities necessary for completing this project in a timely manner. The costs of project supervision shall be borne by
the District.
6. Provide the Power Authority with the school's heating fuel records
for the 12 months preceding and following completion of the waste heat
system re-construction.
7. Notify the Power Authority of any operational problems occurring within the 12 month period following re-design of the waste heat system.
8. Provide necessary tools and equipment.
9. Provide color slides of system re-construction illustrating changes
made. The Power Authority will use these slides to provide information
on energy programs to the public.
5147/930/(3) -3-
ARTICLE C
SCHEDULE AND BUDGET
1. Completion Date. This project shall be completed prior to June 30, 1989. Billings for work performed before this date may be processed through August 31, 1989. The approximate duration of the project will be about one month.
» The Southwest Region School District shal! Provide the Power Authority with a schedule indicating dates for completing -higimpactivities outlined in this Agreement. U
2. Project Budget.
(a) Labor. The District shall provide labor for this project at
the hours and rates estimated below:
Job Class Rate Number of Hours Total
($7Hour ) ($)
Welder 35 120 4,200
Welder's Assist 20 60 1,500
(b) Travel. Travel is estimated at 8 one-way trips for the project supervisor, welder, welder's assistant, and materials. Cost is_estimated at $100 per one-way trip, for a total cost _——not to exceed $800. Any trip exceeding this cost must be approved in advance by the Power Authority.
(c) Materials. The estimated cost of materials to be purchased by the District is $5,000. The heat exchanger will be purchased and shipped) by the Power Authority yhe—cost-for, this item rol. is not included in the=$55000=amount. €4/'s omocut.
(d) Contingency. An amount of 10% of the total Agreement shall be set aside to cover unforseen costs. These costs shall be incurred pursuant to conditions stated in paragraph 4 of this Article.
3. Reimbursement. Reimbursement shall be based upon actual costs incurred by the District. Invoices shall be accompanied by time sheets indicating labor rates and hours billed, vendor receipts, and other
documentation that supports requests for reimbursement.
. ts ac tual
4. In the event~that the District'sAcosts exceed the budget estimate
outlined in Article.3y paragraph 2, the District shall receive written
authorization from the Power Authority prior to incurring expenditures that will be claimed/against the funds in this contract. of 5147/930/(4) \ -4-
ARTICLE D
MUTUAL COVENANTS
The Power Authority and the District agree to the following:
1. Indemnification
(a) The Power Authority and the Grantee shall indemnify, save
harmless and defend the other party to this Agreement, its
officers, agents, servants, and employees from all liability,
including costs and expenses, for all actions or claims
resulting from injuries or damages sustained by any person or
property arising directly or indirectly as a result of any
error, omission or negligent act of the indemnifying party,
its officers, agents, servants, or employees or anyone
directly or indirectly employed by it in the performance of
this Agreement.
The labor provided by the District under Article 3, Paragraph
2 of this Agreement shall be considered the officers, agents,
servants or employees of the District for purposes of
construing these indemnification provisions.
(b) All actions or claims, including costs and expenses, resulting
from injuries or damages sustained by any person or property
arising directly or indirectly from the District's performance
of this Agreement, which are caused by the joint negligence of
the Power Authority and the District, shall be appropriated on
a comparative fault basis. Any such negligence on the part of
the Power Authority must be a direct result of active
involvement by the Power Authority.
2. Rights to Rescind Funds and Terminate Agreement. The District
acknowledges the right of the Power Authority to rescind the funds
authorized by this Agreement and terminate this Agreement without
payment of liquidated damages to the District if it is determined by the
Power Authority to be in the best interest of the State to do so, if
funds are no longer available, or for cause.
For the purpose of this paragraph, "cause" is defined as "the provision
of incorrect or misleading information by the Grantee or the Grantee's
failure to provide information that, in the opinion of the Power Author-
ity, is a material fact that would have influenced its actions. Under
these conditions, the District waives any right of recourse and will
reimburse the Power Authority for all funds the District has received as
a result of this Agreement plus all costs, including attorneys' fees,
incurred by the Power Authority to perfect its claim or collect those
funds.
5147/930/(5) - 5 -
Availability of Funding. The District acknowledges that this Agreement 7s subject to availability of money from the State of Alaska or other sources to finance performance under this Agreement. If funding is withdrawn, reduced, or limited in any way after the effective date of
this Agreement and before the completion of performance, the Power Authority may terminate the Agreement without incurring liquidated
damages. The Power Authority may, in its discretion, renegotiate the terms of this Agreement to comply with any new funding limitations or conditions.
Audit Requirements. This grant is subject to the audit requirements a title 2, thapter 45 (Grant Administration) of the Alaska Administra-
tive Code (AAC), commonly referred to as the "Single Audit Regulation."
4. Grantee not Being Agents of the Power Authority. It is agreed that the Grantee, its officers, agents, servants and employees shall act in an independent capacity and not as agents of the Power Authority in the performance of this Agreement.
5. Disputes. Either party to this Agreement may bring an action against the other party in the superior court for the State of Alaska to resolve a dispute arising under this Agreement. Any lawsuit involving this Agreement shall be heard by the superior court, Third Judicial District at Anchorage. All legal costs, including attorneys' fees not otherwise provided for in this Agreement, shall be allocated pursuant to Alaska Civil Rule 82.
6. Rights of Other Parties. It is the intent of the parties that this Agreement confer no rights to any third parties.
7. Binding Effect. This Agreement and all of its terms, covenants,
conditions and appendices represent the entire Agreement and shall
extend to and be binding upon the respective heirs, executors, adminis-
trators, grantees, successors and assigns of the parties to this Agree-
ment.
8. Severability. If any section, paragraph, clause or provision of
this Agreement or any agreement referred to in this Agreement shall be finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be unaffected by such adjudication and all the remaining provision of this Agreement shall remain in full force and effect as if such section, paragraph, clause or provision or any part thereof so adjudicated to be invalid had
not been included herein.
9. Declaration of Public Benefit. The parties acknowledge that the
Project is to be constructed for the benefit of the general public and
will not deny any person use of Project facilities or use of power
produced from Project facilities due to race, religion, color, sex or
national origin.
5147/930/(6) -6-
10. Notices. Any notice required of either party shall be in writing.
Unless receipt of such notice is expressly required by the terms of this
Agreement, it shall be deemed served when deposited in the mail in a
sealed envelope, with sufficiently first class postage affixed, and
addressed to the appropriate party. The notices shall be sent to each
party's place of business, which in the case of the Power Authority
shall be:
Robert E. LeResche, Executive Director
Alaska Power Authority
P.O. Box 190869
Anchorage, Alaska 99519-0869
and in the case of the District shall be:
Martin A. Myhre
Business Manager
Southwest Region School District
P.O. Box 3196
Dillingham, Alaska 99576
5147/930/(7) -7-
ARTICLE E
CONSIDERATION
Funds for this Project Agreement are available in SLA 1988, Chapter 173,
Page 38, line 19. Expenditure of project funds will be recorded under Alaska Power Authority Ledger Code 81826305.
The total amount of this Agreement shall not exceed $2,650. This amount shall be encumbered under the Ledger Code listed ab6va to fulfill
obligations for work performed and approved as part of this Project Agreement. Unused funds shall be returned to Power Authority Colloca- tion Code 81899498.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year of the contract.
Dated: By:
Robert E. LeResche
Executive Director
Approved:
Assistant Attorney General
5147/930/(8) -8-
STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged before me this
day of » 1989, by Robert E. LeResche, the Executive
Director of the Alaska Power Authority, an Alaskan Corporation, on
behalf of the Corporation.
Notary Public, State of Alaska
My Commission Expires:
SOUTHWEST REGION SCHOOL DISTRICT
Dated: By:
Its:
(Officer)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledge before me this
day of , 1989, by Martin A. Myhre, the Business Manager of
Southwest Region School District.
Notary Public, State of Alaska
My Commission Expires:
5147/930/(9) -9-
LEVELOCK SCHOOL
WASTE HEAT RE-DESIGN
I have reviewed the Alaska Power Authority design for reconstruction of
the waste heat system between the Levelock power house and the Levelock school. My signature below indicates approval of the design and gives
my permission to enter the power plant to perform reconstruction work.
Jon Apokedak ate
Levelock Electric Cooperative
5147/930/(10) - 10 -
LEVELOCK SCHOOL
WASTE HEAT RE-DESIGN
I have reviewed the design for reconstruction of the waste heat system
between the Levelock power house and the Levelock school. My signature
below indicates approval of the design.
Title ate
Southwest Region School District
5147/930/(11) - 1ll-
Pete's
e @ a mMMeén mo
yee
LEVELOK WASTE HEAT
AGREEMENT
PURPOSE
This Agreement is entered into this day of
1989 between SOUTHWEST REGION SCHOOL DISTRICT (the District) and
ALASKA POWER AUTHORITY (the Power Authority) to outline responsi-
bilities associated with the re-design and re-construction of the
Levelok School's waste heat system.
At the present time, the Levelok School is using electricity in
excess of normal requirements for a school of its size and electri-
cal load. The quality of waste heat recovered from the community's
generators is also below what such a system is capable of produc-
ing. The origin of the school’s high energy costs has been traced
to design problems with the waste heat recovery system.
ARTICLE A
ALASKA POWER AUTHORITY COVENANTS
The Power Authority will:
1. Perform an analysis of the existing waste heat recovery system
and prepare a new design.
2. Review the design with the District and the Levelok Power
Board, which is responsible for decisions affecting Levelok’s Power
Cooperative, and gain the Power Board's written approval for design
features affecting the operation, maintenance, or interface with
the Cooperative'’s system.
3. Purchase the replacement heat exchanger for the project, and
provide a detailed materials list to the District for all other
materials needed to complete the project.
4. Provide advice and assistance to the District during the
re-construction, start-up, and initial operation of the re-designed
system.
5. Perform an inspection of the final installation, and prepare a
letter of acceptance of project completion for signature by the
District and the Power Board.
ARTICLE B
SOUTHWEST REGION SCHOOL DISTRICT COVENANTS
The Southwest Region School District will:
1. Present the re-design of the waste heat recovery system for the
Levelok school to Levelok’'s Power Board for their review and
written approval of the affect the re-design will have on power
plant operations. This must be accomplished within 10 working days
of receiving copies of the design.
2. Review the Power Authority’s re-design of the waste heat system
and provide written approval of those parts of the system that
directly affect the operation of the District's system in the
Levelok school.
3. Order all materials detailed in the worklist specified by the
Power Authority and maintain responsibility for accounting and
payment of invoices.
4. Obtain all permits, renewal of easements, licenses or any other
approvals necessary to re-construct the waste heat system. 7 Congr peofien 5. Hire and supervise work force to complete re- of waste
heat system. This includes responsibility for payroll, on-site
interim inspections and other activities necessary for expeditious
completion of this project. The costs of project supervision shall be borne by the District.
6. Provide the Power Authority with the school’s heating fuel
records for the 12 months preceding and following completion of the
waste heat system re-design.
7. Notify the Power Authority of any operational problems occur-
ring within the 12 month period following re-design of the waste
heat system.
8. Provide necessary tools and equipment.
9. Provide color slides of completed system, that illustrate
changes that have been made.
ARTICLE 3
SCHEDULE AND BUDGET
1. Completion Date This project shall be completed prior to June
30, 1989. Billings for work performed before this date may be
processed through August 31, 1989. The approximate duration of the
project will be about one month.
2. Project Budget
(a) Labor The District shall provide labor for this project at
the hours and rates estimated below:
Job Class Rate Number of Hours Total
($/Hour) ($)
Welder 120 4,200
60 1,500
(tegh Welder’s Assist
(b) Travel Travel is estimated at~42 one-way charter trips for
( . the project supervisor, welder, welder’s assistant, and materials.
wy Cost is estimated at $170 per charter, for a total cost not to
exceed $2,040.
(c) Materials The estimated cost of materials to be purchased by
the District is $5,000. The heat exchanger will be purchased and
shipped by the Power Authority. The cost for this item is not
included in the $5,000 amount.
3. Reimbursement Reimbursement shall be based upon actual costs
incurred by the District. Invoices shall be accompanied by time
sheets indicating labor rates and hours billed, vendor receipts,
and other documentation that supports requests for reimbursement.
Billings shall be made on a insert the time period basis.
As funds for this project have an ending date of June 30, 1989, it
is in the State’s interest to close out billings as soon as possi-
ble after project completion and acceptance. In the event that
funds remain after all obligations of this Agreement have been met,
they can be committed to other projects in the Rural Energy Systems
Efficiency Improvement Program.
4. In the event that the District's costs exceed the budget
estimate outlined in Article 3, paragraph 2, the District shall
receive written authorization from the Power Authority prior to
incurring expenditures that will be claimed against the funds in
this contract.
ARTICLE 4
MUTUAL COVENANTS
The Power Authority and the District agree to the following:
1. Indemnification
(a) The Power Authority and the Grantee shall indemnify, save
harmless and defend the other party to this Agreement, its offi-
cers, agents, servants, and employees from all liability, including
costs and expenses, for all actions or claims resulting from
injuries or damages sustained by any person or property arising
directly or indirectly as a result of any error, omission or
negligent act of the indemnifying party, its officers, agents,
servants, or employees or anyone directly or indirectly employed by
it in the performance of this Agreement.
(b) All actions or claims, including costs and expenses, resulting
from injuries or damages sustained by any person or property
arising directly or indirectly from the District's performance of
this Agreement, which are caused by the joint negligence of the
Power Authority and the District, shall be appropriated on a
comparative fault basis. Any such negligence on the part of the Power Authority must be a direct result of active involvement by
the Power Authority.
2. Rights to Rescind Funds and Terminate Agreement
The District acknowledges the right of the Power Authority to
rescind the funds authorized by this Agreement and terminate this
Agreement without payment of liquidated damages to the District if
it is determined by the Power Authority to be in the best interest
of the State to do so, if funds are no longer available, or for
cause.
For the purpose of this paragraph, "cause" is defined as "the
provision of incorrect or misleading information by the Grantee or
the Grantee's failure to provide information that, in the opinion
of the Power authority, is a material fact that would have influ-
enced its actions. Under these conditions, the District waives any
right of recourse and will reimburse the Power Authority for all
funds the District has received as a result of this Agreement plus
all costs, including attorneys’ fees, incurred by the Power
Autority to perfect its claim or collect those funds.
Availability of Funding The District acknowleges that this Agree-
ment is subject to availability of money from the State of Alaska or other sources to finance performance under this Agreement. if
funding is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and before the completion of
performance, the Power Authority may terminate the Agreement
without incurring liquidated damages. The Power Authority may, in
its discretion, renegotiate the terms of this Agreement to comply
with any new funding limitations or conditions.
3. Audit Requirements This grant is subject to the audit require-
ments of title 2, Chapter 45 (Grant Administration) of the Alaska
Administrative Code (AAC), commonly referred to as the "Single
Audit Regulation."
4. Grantee not Being Agents of the Power Authority It is agreeed
that the Grantee, its officers, agents, servants and employees
shall act in an independent capacity and not as agents of the Power
Authority in the performance of this Agreement.
5. Disputes Either party to this Agreement may bring an action
against the other party in the superior court for the State of
Alaska to resolve a dispute arising under this Agreement. Any
lawsuit involving this Agreement shall be heard by the superior
court, Third Judicial District at Anchorage. All legal costs,
including attorneys’ fees not otherwise provided for in this
Agreement, shall be allocated pursuant to Alaska Civil Rule 82.
6. Rights of Other Parties It is the intent of the parties that
this Agreement confer no rights to any third parties.
7. Binding Effect This Agreement and all of its terms, covenants,
conditions and appendices represent the entire Agreement and shall
extend to and be binding upon the respective heirs, executors,
administrators, grantees, successors and assigns of the parties to
this Agreement.
8. Severability If any section, paragraph, clause or provision of
this Agreement or any agreement referred to in this Agreement shall
be finally adjudicated by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall be
unaffected by such adjudication and all the remaining provision of
this Agreement shall remain in full force and effect as if such
section, paragraph, clause or provision or any part thereof so
adjudicated to be invalid had not been included herein.
9. Declaration of Public Benefit The parties acknowledge that the
Project is to be constructed for the benefit of the general public
and will ot deny any person use of Project facilities or use of
power produced from Project facilities due to race, religion,
color, sex or national origin.
10. Notices Any notice required of either party shall be in
writing. Unless receipt of such notice is expressly required by
the terms of this Agreement, it shall be deemed served when depos-
ited in the mail in a sealed envelope, with sufficienty first class
postage affixed, and addressed to the appropriate party. The
notices shall be sent to each party's place of business, which in
the case of the Power Authority shall be:
Robert E. LeResche, Executive Director
Alaska Power Authority
P.O. Box 190869
Anchorage, Alaska 99519-0869
and in the case of the District shall be:
Martin Myre
Business Manager
Southwest Region School District
ADDRESS
Dillingham, Alaska ZIP
ARTICLE 5
CONSIDERATION
Funds for this Project Agreement are available in SLA 1988, Chapter
173, Section 143(b)(3). Expenditure of project funds will be
recorded under Alaska Power Authority Ledger Code 81826502.
The total amount of this Agreement shall not exceed $14,000. This
amount shall be encumbered under the Ledger Code listed above to
fulfill obligations for work performed and approved as part of this
Project Agreement. Unused funds shall be returned to Power Author-
ity Collocation Code 81899498.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year of the contract.
Dated: By:
Robert E. LeResche
Executive Director
Approved:
Assistant Attorney General
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged before me this
day of , 1989, by Robert E. LeResche, the Executive
Director of the Alaska Power Authority, an Alaskan Corporation, on
behalf of the Corporation.
Notary Public, State of Alaska
My Commission Expires:
SOUTHWEST REGION SCHOOL DISTRICT
Dated: By:
Its:
(Officer)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledge before me this
day of , 1989, by , the
of Southwest Region School District.
Notary Public, State of Alaska
My Commission Expires:
Steve Cowper, Governor
Alaska Power Authority
State of Alaska
February 21, 1989
Mr. Walt Creasy
Southwest Region Schools
P.O. Box 3196
Dillingham, Alaska 99576
Dear Mr. Creasy:
A draft of the Project Agreement for re-construction of the Levelock school waste heat system is enclosed for your review. The budget numbers are based on our telephone discussion; please let me know if I
have forgotten something.
After the District approves this draft, I can express mail you final copies for signature. The agreement is also subject to approval by the State Attorney General's Office. I estimate about three weeks process- ing time for the contract on our end.
In the interim, Peter Hansen will proceed with ordering the heat exchanger and developing the materials list for re-construction.
Everything should be ready for our planned start date of mid-April.
Please call me when you have reviewed the Agreement, and let me know your comments. I would also like to confirm that we have the correct signatures, titles and other information.
Sincerely,
Pat Woodell
Project Manager
PW:tlj
Enclosure as stated
OPO. Box AM Juneau, Alaska 99811 (907) 465-3575
x PO. Box 190869 701 East Tudor Road Anchorage, Alaska 99519-0869 (907) 561-7877
5062/942(1)
LEVELOK WASTE HEAT
AGREEMENT me
PURPOSE
This Agreement is entered into this day of
1989 between SOUTHWEST REGION SCHOOL DISTRICT (the District) and ALASK RA
POWER AUTHORITY (the Power Authority) to outline responsibilities
associated with the re-design and re-construction of the Levelock
School's waste heat system.
At the present time, the Levelock School is using electricity in
excess of normal requirements for a school of its size and electrical
load. The quality of waste heat recovered from the community's
generators is also below what such a system is capable of producing. The
origin of the school's high energy costs has been traced to design
problems with the waste heat recovery system.
Article A. ALASKA POWER AUTHORITY COVENANTS
The Power Authority will:
1. Perform an analysis of the existing waste heat recovery system
and prepare a new design.
2. Provide copies of the new design to the District for written
approval by the District and the Levelock Electric Cooperative.
3. Purchase the replacement heat exchanger for the project, and
provide a detailed materials list to the District for other materials
needed to complete the project.
4. Provide advice and assistance to the District during the re-
construction, start-up, and initial operation of the re-constructed
system.
5. Perform an inspection of the final installation, and prepare
letters of acceptance of project completion for signature by the
District and the Levelock Electric Cooperative.
Article B. SOUTHWEST REGION SCHOOL DISTRICT COVENANTS
The Southwest Region School District will:
1. Present the re-design of the waste heat recovery system to the
Levelock Electric Cooperative for their review and written approval of
re-design features that affect power plant operations. A form for
written approval is presented in Appendix 1 to this Agreement. Written
5072/939(1)
LEVELOK wasTe@at AGREEMENT e
Page 2 of 10
approval shall be secured within 10 working days of receiving the new
design.
2. Review the Power Authority's re-design of the waste heat
system and provide written approval of those parts of the system that
directly affect the operation of the District's system in the Levelock
school. Written approval shall be secured using the form in Appendix 1,
within 10 working days of receiving the new design.
3. Order all materials detailed in the worklist specified by the
Power Authority and maintain responsibility for accounting and payment
of invoices.
4, Obtain all permits, renewal of easements, licenses or any
other approvals necessary to re-construct the waste heat system.
5. Hire and supervise work force to complete re-construction of
waste heat system according to Power Authority plans, specifications and
directions. This includes responsibility for payroll, on-site interim
inspections and other activities necessary for completing this project
in a timely manner. The costs of project supervision shall be borne by
the District.
6. Provide the Power Authority with the school's heating fuel
records for the 12 months preceding and following completion of the
waste heat system re-construction.
7. Notify the Power Authority of any operational problems occur-
ring within the 12 month period following re-design of the waste heat
system.
8. Provide necessary tools and equipment.
9. Provide color slides of system re-construction illustrating
changes made. The Power Authority will use these slides to provide
information on energy programs to the public.
5072/939(2)
LEVELOK WASTEQQRAT AGREEMENT @
Page 3 of 10
Article 3. SCHEDULE AND BUDGET
1. Completion Date This project shall be completed prior to
June 30, 1989. Billings for work performed before this date may be pro-
cessed through August 31, 1989. The approximate duration of the project
will be about one month.
The Southwest Region School District shall Provide the Power
Authority with a schedule indicating dates for completing main
activities outlined in this Agreement.
2. Project Budget
(a) Labor The District shall provide labor for this project
at the hours and rates estimated below:
Job Class Rate Number of Hours Total
($/Hour ) ($)
Welder 35 120 4,200
Welder's Assist 20 60 1,500
(b) Travel Travel is estimated at 8 one-way charter trips
for the project supervisor, welder, welder's assistant,
and materials. Cost is estimated at $100 per one-way
charter, for a total cost not to exceed $800.
(c) Materials The estimated cost of materials to be
purchased by the District is $5,000. The heat exchanger
will be purchased and shipped by the Power Authority.
The cost for this item is not included in the $5,000
amount.
(d) Contingenc An amount of 10% of the total Agreement
shall Be set aside to cover unforeseen costs. These
costs shall be incurred pursuant to conditions stated in
paragraph 4 of this Article.
3. Reimbursement Reimbursement shall be based upon actual costs
incurred by the District. Invoices shall be accompanied by time sheets
indicating labor rates and hours billed, vendor receipts, and other
documentation that supports requests for reimbursement.
4, In the event that the District's costs exceed the budget
estimate outlined in Article 3, paragraph 2, the District shall receive
written authorization from the Power Authority prior to incurring
expenditures that will be claimed against the funds in this contract.
5072/939(3)
LEVELOK WASTEQ@QPAT AGREEMENT @
Page 4 of 10
Article 4, MUTUAL COVENANTS
The Power Authority and the District agree to the following:
1. Indemnification
(a) The Power Authority and the Grantee shall indemnify, save
harmless and defend the other party to this Agreement,
its officers, agents, servants, and employees from all
liability, including costs and expenses, for all actions
or claims resulting from injuries or damages sustained by
any person or property arising directly or indirectly as
a result of any error, omission or negligent act of the
indemnifying party, its officers, agents, servants, or
employees or anyone directly or indirectly employed by it
in the performance of this Agreement.
The labor provided by the District under Article 3, Para-
graph 2 of this Agreement shall be considered the
officers, agents, servants or employees of the District
for purposes of construing these indemnification
provisions.
(b) All actions or claims, including costs and expenses,
resulting from injuries or damages sustained by any person or property arising directly or indirectly from
the District's performance of this Agreement, which are
caused by the joint negligence of the Power Authority and the District, shall be appropriated on a comparative fault basis. Any such negligence on the part of the
Power Authority must be a direct result of active involvement by the Power Authority.
26 Rights to Rescind Funds and Terminate Agreement
The District acknowledges the right of the Power Authority to
rescind the funds authorized by this Agreement and terminate
this Agreement without payment of liquidated damages to the
District if it is determined by the Power Authority to be in
the best interest of the State to do so, if funds are no
longer available, or for cause.
For the purpose of this paragraph, "cause" is defined as "the
provision of incorrect or misleading information by the
Grantee or the Grantee's failure to provide information that,
in the opinion of the Power authority, is a material fact that
would have influenced its actions. Under these conditions,
the District waives any right of recourse and will reimburse
the Power Authority for all funds the District has received as
a result of this Agreement plus all costs, including
5072/939(4)
LEVELOK WASTEQ@UAT AGREEMENT @ Page 5 of 10
attorneys' fees, incurred by the Power Authority to perfect its claim or collect those funds.
Availability of Fundin The District acknowledges that this Agreement is subject to availability of money from the State of Alaska or other sources to finance performance under this Agreement. if funding is withdrawn, reduced, or limited in any way after the effective date of this Agreement and before the completion of performance, the Power Authority may
terminate the Agreement without incurring liquidated damages.
The Power Authority may, in its discretion, renegotiate the terms of this Agreement to comply with any new funding
limitations or conditions.
3. Audit Requirements This grant is subject to the audit
requirements of title 2, Chapter 45 (Grant Administration) of the Alaska Administrative Code (AAC), commonly referred to as the "Single Audit Regulation."
4. Grantee not Being Agents of the Power Authority It is agreed
that the Grantee, its officers, agents, servants and employees shall act in an independent capacity and not as agents of the Power Authority in the performance of this Agreement.
5. Disputes Either party to this Agreement may bring an action against the other party in the superior court for the State of Alaska to resolve a dispute arising under this Agreement. Any lawsuit involving this Agreement shall be heard by the superior court, Third Judicial District at Anchorage. All legal costs, including attorneys' fees not otherwise provided for in this Agreement, shall be allocated pursuant to Alaska Civil Rule 82.
6. Rights of Other Parties It is the intent of the parties that this Agreement confer no rights to any third parties.
7. Binding Effect This Agreement and all of its terms, covenants, conditions and appendices represent the entire Agreement and shall extend to and be binding upon the
respective heirs, executors, administrators, grantees,
successors and assigns of the parties to this Agreement.
8. Severabilit. If any section, paragraph, clause or provision
of this Agreement or any agreement referred to in this Agreement shall be finally adjudicated by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of
this Agreement shall be unaffected by such adjudication and all the remaining provision of this Agreement shall remain in
full force and effect as if such section, paragraph, clause or
provision or any part thereof so adjudicated to be invalid had
not been included herein.
5072/939(5)
LEVELOK WASTE@AT AGREEMENT e Page 6 of 10
9. Declaration of Public Benefit The parties acknowledge that the Project is to be constructed for the benefit of the general public and will not deny any person use of Project facilities or use of power produced from Project facilities due to race, religion, color, sex or national origin.
10. Notices Any notice required of either party shall be in writing. Unless receipt of such notice is expressly required by the terms of this Agreement, it shall be deemed served when deposited in the mail in a sealed envelope, with sufficiently first class postage affixed, and addressed to the appropriate party. The notices shall be sent to each party's place of business, which in the case of the Power Authority shall be:
Robert E. LeResche, Executive Director Alaska Power Authority
P.O. Box 190869
Anchorage, Alaska 99519-0869
and in the case of the District shall be:
Martin Myhre
Business Manager
Southwest Region School District P.O. Box 3196
Dillingham, Alaska 99576
5072/939(6)
LEVELOK WASTE@AT AGREEMENT @ Page 7 of 10
Article 5. CONSIDERATION
Funds for this Project Agreement are available in SLA 1988, Chapter 173, Section 143(b)(3). Expenditure of project funds will be recorded under Alaska Power Authority Ledger Code 81826502.
The total amount of this Agreement shall not exceed $12,650. This amount shall be encumbered under the Ledger Code listed above to fulfill obligations for work performed and approved as part of this Project Agreement. Unused funds shall be returned to Power Authority Colloca- tion Code 81899498,
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year of the contract.
Dated: By:
Robert E. LeResche
Executive Director
Approved:
Assistant Attorney Genera
5072/939(7)
LEVELOK WASTE@MMAT AGREEMENT @
Page 8 of 10
STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged before me this
day of >» 1989, by Robert E. LeResche, the Executive
Director of the Alaska Power Authority, an Alaskan Corporation, on
behalf of the Corporation.
Notary Public, State of Alaska
My Commission Expires:
SOUTHWEST REGION SCHOOL DISTRICT
Dated: By:
Its:
(Officer)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledge before me this
day of » 1989, by Martin Myhre, the Business Manager of
Southwest Region School District.
Notary Public, State of Alaska
My Commission Expires:
5072/939(8)
1 : LEVELOK WASTE@MAT AGREEMENT @
Page 9 of 10
LEVELOCK SCHOOL
WASTE HEAT REDESIGN
I have reviewed the Alaska Power Authority design for reconstruction of the waste heat system between the Levelock power house and the Levelock school. My signature below indicates approval of the design and gives my permission to enter the power plant to perform reconstruction work.
Jon Apokedak Date Levelock Electric Cooperative
5072/939(9)
4 es LEVELOK WASTE@MMAT AGREEMENT @ Page 10 of 10
LEVELOCK SCHOOL WASTE HEAT REDESIGN
I have reviewed the design for reconstruction of the waste heat system between the Levelock power house and the Levelock school. My signature below indicates approval of the design.
Title Date Southwest Region School District
5072/939(10)
0Z0L YSIdOOaTSL XOUSX \ bb wSL,G0:0 WLOL = i T | Lb WSLS | vr:OL 68-LZ-Z L06 L
| LNSWWOO sa5vd# | NoILvuna | SWIL LYVLS ‘QI NOILVLS 3LOWSY | ON L — *weR ONSS aK
LL #
**k LNNOD #**
LINAS SVM (SA08V AldWYS GA0NdSY) LNSWND00 SIHL
LeYOdayY NOISSIWSNVYL
Steve Cowper Sovernc:
Alaska Power Authority
State of Alaska
TELECOPY
(ANCHORAGE Tetecopy Phone No. (907) 561-8584)
(JUNEAU Telecopy Phone No. (907) 465-3767)
TELECOPY SENT To: Awe Ceessse
a NAME OF COMPANY: Dourrvesr Lea cow . Grocer
COMPANY ADORESS:
TELECOPY PHONE NUMBER: SY2 SY2LSF
SENDER: JA, Zo ate £7
TELEPHONE NUMBER: Sr - CHARGE CODE: SLE 62 6 SOR
NUMBER OF PAGES SENT: LL INCLUDING THIS COVER PAGE
DATE SENT: 2 L2r le? .
IF YOU DO NOT RECEIVE ALL OF THIS TELECOPY PLEASE CALL:
(907) 261-7240-Anchorage (907) 465-35765-Juneau
SPECIAL INSTRUCTIONS: 7 a es
(907) 465-3575 PO. Box AM Juneau, Alaska 998414 Anchorage. Alaska 99519-0869 (907) 861-7877 2Reeerrggosee 704 East Tuder Road
Alaska Power Authority
State of Alaska
TELECOPY
(ANCHORAGE Telecopy Phone No. (907) 561-8584)
(JUNEAU Telecopy Phone No. (907) 465-3767)
TELECOPY SENT TO: baer (eeasy
NAME OF COMPANY: oe kes CoA) ca
COMPANY ADDRESS:
TELECOPY PHONE NUMBER: £42 S 7 a a
SENDER: oe >» eee
TELEPHONE NUMBER: SG/- 7 CHARGE CODE: PIS 26 SOR
NUMBER OF PAGES SENT: // INCLUDING THIS COVER PAGE
DATE SENT: oLailee
IF YOU DO NOT RECEIVE ALL OF THIS TELECOPY PLEASE CALL:
(907) 261-7240-Anchorage
(907) 465-3575-Juneau
SPECIAL INSTRUCTIONS: 2 LLLt -- G teak of The
CPO. Box AM Juneau, Alaska 99814 (907) 465-3575
10869 704 East Tudor Road Anchorage, Alaska 99519-0869 (907) 561-7877 S2RS5 id’ a
Steve Cowper, Governor
Alaska Power Authority
State of Alaska
February 21, 1989
Mr. Walt Creasy
Southwest Region Schools
P.O. Box 3196
Dillingham, Alaska 99576
Dear Mr. Creasy:
A draft of the Project Agreement for re-construction of the Levelock
school waste heat system is enclosed for your review. The budget
numbers are based on our telephone discussion; please let me know if I
have forgotten something.
After the District approves this draft, I can express mail you final
copies for signature. The agreement is also subject to approval by the
State Attorney General's Office. I estimate about three weeks process-
ing time for the contract on our end.
In the interim, Peter Hansen will proceed with ordering the heat
exchanger and developing the materials list for re-construction.
Everything should be ready for our planned start date of mid-April.
Please call me when you have reviewed the Agreement, and let me know
your comments. I would also like to confirm that we have the correct
signatures, titles and other information.
ncerely,
yal
Pat Woodell
Project Manager
PW:tlj
Enclosure as stated
J PO. Box AM Juneau, Alaska 99811 (907) 465-3575
x PO. Box 190869 704 East Tudor Road Anchorage, Alaska 99519-0869 = (907) 561-7877
5062/942(1)
To
LEVELOK /WASTE HEAT
AGREEMENT
PURPOSE
This Agreement is entered into this day of
1989 between SOUTHWEST REGION SCHOOL DISTRICT (the District) and
ALASKA POWER AUTHORITY (the Power Authority) to outline responsi-
bilities associated with the re-design and re-construction of the
Levelock School's waste heat system.
At the present time, the Levelock School is using electricity in
excess of normal requirements for a school of its size and electri-
cal load. The quality of waste heat recovered from the community's
generators is also below what such a system is capable of produc-
ing. The origin of the school’s high energy costs has been traced ] e
to design problems with the waste heat recovery system. \ ? eas
ARTICLE A
“ag ; ALASKA POWER AUTHORITY COVENANTS end,
The Power Authority will: om att 3
ow“
1. Perform an analysis of the existing waste heat recovery system f
and prepare a new design. page ‘
2. Provide copies of the new design to the District for written
approval by the District and the Levelock Electric Cooperative.
3. Purchase the replacement heat exchanger for the project, and
provide a detailed materials list to the District for other materi-
als needed to complete the project.
4. Provide advice and assistance to the District during the
re-construction, start-up, and initial operation of the
re-constructed system.
5. Perform an inspection of the final installation, and prepare
letters of acceptance of project completion for signature by the
District and the Levelock Electric Cooperative.
ARTICLE B
SOUTHWEST REGION SCHOOL DISTRICT COVENANTS
The Southwest Region School District will:
1. Present the re-design of the waste heat recovery system to the
Levelock Electric Cooperative for their review and written approval
of re-design features that affect power plant operations. A form
for written approval is presented in Appendix 1 to this Agreement.
Written approval shall be secured within 10 working days of receiv-
ing the new design.
2. Review the Power Authority's re-design of the waste heat system
and provide written approval of those parts of the system that
directly affect the operation of the District's system in the
Levelock school. Written approval shall be secured using the form
in Appendix 1, within 10 working days of receiving the new design.
3. Order all materials detailed in the worklist specified by the
Power Authority and maintain responsibility for accounting and
payment of invoices.
4. Obtain all permits, renewal of easements, licenses or any other
approvals necessary to re-construct the waste heat system.
5. Hire and supervise work force to complete re-construction of
waste heat system according to Power Authority plans, specifica-
tions and directions. This includes responsibility for payroll,
on-site interim inspections and other activities necessary for
completing this project in a timely manner. The costs of project
supervision shall be borne by the District.
6. Provide the Power Authority with the school’s heating fuel
records for the 12 months preceding and following completion of the
waste heat system re-construction.
7. Notify the Power Authority of any operational problems occur-
ring within the 12 month period following re-design of the waste
heat system.
8. Provide necessary tools and equipment.
9. Provide color slides of system re-construction illustrating
changes made. The Power Authority will use these slides to provide
information on energy programs to the public.
ARTICLE &) New Py
SCHEDULE AND BUDGET
1. Completion Date This project shall be completed prior to June
30, 1989. Billings for work performed before this date may be
processed through August 31, 1989. The approximate duration of the
project will be about one month.
The Southwest Region School District shall Provide the Power
Authority with a schedule indicating dates for completing main
activities outlined in this Agreement.
2. Project Budget
(a) Labor The District shall provide labor for this project at
the hours and rates estimated below:
Job Class Rate Number of Hours Total
($/Hour) ($)
Welder 35 120 4,200
Welder'’s Assist 20 60 1,500
(b) Travel Travel is estimated at 8 one-way cheweeex trips for the
project supervisor, welder, welder’s ase and materials.
Cost is estimated at $100 per one-way fi , for a total cost not to exceed $8009 ay crip Cxceecling Kis Cos? Must be agprevets, sellanee 6Y Che wer be Hows ty
(c) Materials The estimated cost of materials to be purchased by
the District is $5,000. The heat exchanger will be purchased and
shipped by the Power Authority. The cost for this item is not
included in the $5,000 amount.
(d) Contingency An amount of 10% of the total Agreement shall be
set aside to cover unforseen costs. These costs shall be incurred
pursuant to conditions stated in paragraph 4 of this Article.
3. Reimbursement Reimbursement shall be based upon actual costs
incurred by the District. Invoices shall be accompanied by time
sheets indicating labor rates and hours billed, vendor receipts,
and other documentation that supports requests for reimbursement.
4. In the event that the District's costs exceed the budget
estimate outlined in Article 3, paragraph 2, the District shall
receive written authorization from the Power Authority prior to
incurring expenditures that will be claimed against the funds in
this contract. Sn. hew
ARTICL D
MUTUAL COVENANTS
The Power Authority and the District agree to the following:
1. Indemnification
(a) The Power Authority and the Grantee shall indemnify, save
harmless and defend the other party to this Agreement, its offi- cers, agents, servants, and employees from all liability, including
costs and expenses, for all actions or claims resulting from
injuries or damages sustained by any person or property arising
directly or indirectly as a result of any error, omission or negligent act of the indemnifying party, its officers, agents,
servants, or employees or anyone directly or indirectly employed by
it in the performance of this Agreement.
The labor provided by the District under Article 3, Paragraph 2 of this Agreement shall be considered the officers, agents, servants or employees of the District for purposes of construing these
indemnification provisions.
(b) All actions or claims, including costs and expenses, resulting
from injuries or damages sustained by any person or property
arising directly or indirectly from the District's performance of this Agreement, which are caused by the joint negligence of the
Power Authority and the District, shall be appropriated on a comparative fault basis. Any such negligence on the part of the Power Authority must be a direct result of active involvement by the Power Authority.
2. Rights to Rescind Funds and Terminate Agreement
The District acknowledges the right of the Power Authority to
rescind the funds authorized by this Agreement and terminate this
Agreement without payment of liquidated damages to the District if it is determined by the Power Authority to be in the best interest
of the State to do so, if funds are no longer available, or for cause.
For the purpose of this paragraph, "cause" is defined as "the provision of incorrect or misleading information by the Grantee or
the Grantee's failure to provide information that, in the opinion
of the Power authority, is a material fact that would have influ-
enced its actions. Under these conditions, the District waives any right of recourse and will reimburse the Power Authority for all
funds the District has received as a result of this Agreement plus all costs, including attorneys’ fees, incurred by the Power
Autority to perfect its claim or collect those funds.
Availability of Funding The District acknowleges that this Agree-
ment is subject to availability of money from the State of Alaska
or other sources to finance performance under this Agreement. if
funding is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and before the completion of
performance, the Power Authority may terminate the Agreement
without incurring liquidated damages. The Power Authority may, in its discretion, renegotiate the terms of this Agreement to comply
with any new funding limitations or conditions.
3. Audit Requirements This grant is subject to the audit require-
ments of title 2, Chapter 45 (Grant Administration) of the Alaska
Administrative Code (AAC), commonly referred to as the "Single
Audit Regulation."
4. Grantee not Being Agents of the Power Authority It is agreeed
that the Grantee, its officers, agents, servants and employees shall act in an independent capacity and not as agents of the Power Authority in the performance of this Agreement.
5. Disputes Either party to this Agreement may bring an action against the other party in the superior court for the State of
Alaska to resolve a dispute arising under this Agreement. Any lawsuit involving this Agreement shall be heard by the superior court, Third Judicial District at Anchorage. All legal costs,
including attorneys’ fees not otherwise provided for in this Agreement, shall be allocated pursuant to Alaska Civil Rule 82.
6. Rights of Other Parties It is the intent of the parties that this Agreement confer no rights to any third parties.
7. Binding Effect This Agreement and all of its terms, covenants, conditions and appendices represent the entire Agreement and shall extend to and be binding upon the respective heirs, executors, administrators, grantees, successors and assigns of the parties to
this Agreement.
8. Severability If any section, paragraph, clause or provision of this Agreement or any agreement referred to in this Agreement shall
be finally adjudicated by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall be unaffected by such adjudication and all the remaining provision of this Agreement shall remain in full force and effect as if such
section, paragraph, clause or provision or any part thereof so adjudicated to be invalid had not been included herein.
9. Declaration of Public Benefit The parties acknowledge that the Project is to be constructed for the benefit of the general public
and will ot deny any person use of Project facilities or use of power produced from Project facilities due to race, religion, color, sex or national origin.
10. Notices Any notice required of either party shall be in
writing. Unless receipt of such notice is expressly required by
the terms of this Agreement, it shall be deemed served when
deposited in the mail in a sealed envelope, with sufficienty first
class postage affixed, and addressed to the appropriate party. The
notices shall be sent to each party's place of business, which in
the case of the Power Authority shall be:
Robert E. LeResche, Executive Director
Alaska Power Authority
P.O. Box 190869
Anchorage, Alaska 99519-0869
and in the case of the District shall be:
Martin A.M 7 h =
Business Manager
Southwest Region School District
P.O. Box 3196
Dillingham, Alaska 99576 ARTICLE BE
Page 38 line /9, CONSIDERATION
Funds for this Project Agreement are available in SLA 1988, Chapter
173, Seetionl43¢by¢3). Expenditure of project funds will be
recorded under Alaska Power Authority Ledger Code SdQ@6S027'. 3 pee 30S, The total amount of this Agreement shall not exceed $12,650. This
amount shall be encumbered under the Ledger Code listed above to
fulfill obligations for work performed and approved as part of this
Project Agreement. Unused funds shall be returned to Power Author-
ity Collocation Code 81899498.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year of the contract.
Dated: By:
Robert E. LeResche
Executive Director
Approved:
Assistant Attorney General
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged before me this
day of , 1989, by Robert E. LeResche, the Executive
Director of the Alaska Power Authority, an Alaskan Corporation, on behalf of the Corporation.
Notary Public, State of Alaska
My Commission Expires:
SOUTHWEST REGION SCHOOL DISTRICT
Dated: By:
Its:
(Officer)
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledbé@\before me this day of , 1989, by Martin Myhre,) the Business Manager of Southwest Region School District. ( | A.
Notary Public, State of Alaska
My Commission Expires:
LEVELOCK SCHOOL
WASTE HEAT REDESIGN
I have reviewed the Alaska Power Authority design for reconstruc-
tion of the waste heat system between the Levelock power house and
the Levelock school. My signature below indicates approval of the
design and gives my permission to enter the power plant to perform
reconstruction work.
Jon Apokedak Date
Levelock Electric Cooperative
LEVELOCK SCHOOL
WASTE HEAT REDESIGN
I have reviewed the design for reconstruction of the waste heat
system between the Levelock power house and the Levelock school.
My signature below indicates approval of the design.
Title Date
Southwest Region School District