HomeMy WebLinkAboutIguigig Waste Heat Project Agreements Contracts & Budget 1989
Contract No. 2 C0236
ALASKA ENERGY AUTHORITY GRANT AGREEMENT
THIS AGREEMENT and its appendices A and B, entered into this Z6 day of OC7 .
1989 between the ALASKA ENERGY AUTHORITY (the Energy Authority) and the IGIUGIG VILLAGE
COUNCIL (the Grantee) provides for a grant for the Project described in Appendix A.
Article A. ALASKA ENERGY AUTHORITY COVENANTS
The Energy Authority will:
1. Subject to appropriation and availability from the source of funding described in Appendix B, Section I, grant to the Grantee an amount, not to exceed $17,700, for performance under this Agreement.
2. Disburse the grant described in Paragraph 1 of this Article in the manner provided in Appendix B, Section II.
3. Provide advice and assistance to the Grantee on administrative, management, and technical
matters relating to the Project, serve as the Grantee’s agent for the design and construction management of the Project, perform a final inspection of the Project upon completion, and issue a Notice of Project Completion.
4. Upon completion of the Project and subject to availability of funding, place the Grantee in the
Energy Authority’s Circuit Rider Maintenance Program to provide operator training and routine preventative
maintenance assistance for the Grantee’s electrical system.
5. Abide by the terms, conditions, and covenants provided in appendices A and B.
Article B. GRANTEE COVENANTS
The Grantee will:
1. Expend grant funds only for the purposes provided for under this Agreement.
2. Perform the Scope of Work described in Appendix A, Section II.
3. Obtain all titles, easements and other approvals necessary to provide clear title and to establish
the Grantee’s legal right and authority to construct, maintain, and operate the Project and its facilities.
4. Notwithstanding the provisions of Paragraph 5 of Appendix B , Section IIB, ensure that the
Energy Authority and its contractors and consultants have reasonable access to Project facilities and records
for inspection during construction of the Project and over the life of Project facilities for performance analysis
and testing.
5. Designate the Energy Authority as its agent in the design and construction management of the
Project and delegate to the Energy Authority full authority over all decisions in connection with construction, Start-up, and run-in of the Project, including approval of contractor selection, approval of plans and
specifications; choices of scheduling, manpower, methods, procurement, materials, and procedures for the
Project; disposition of surplus equipment; performance of final inspection; and issuance of a Notice of Project
Completion.
Grant Form AEA-01, Rev. 8/89
C é Grant Agreement
Page 2 of 6
6. If available, provide local labor, manpower assistance, and/or construction equipment to Energy
Authority personnel on-site, upon request, in connection with construction of the Project.
7. Within fifteen days after issuance of a Notice of Project Completion by the Energy Authority,
sign an acknowledgement of Project completion or identify in writing any specific task that the Grantee considers incomplete.
8. Upon completion of the Project, accept responsibility for operation and maintenance of Project facilities, participate in the Energy Authority’s Circuit Rider Maintenance Program, select qualified personnel to be trained to operate and maintain the facilities, and operate and maintain the system in strict compliance with National Electrical Code (NEC) and National Electrical Safety Code (NESC) rules and with standard utility project management and operation and maintenance practices for the life of Project facilities.
9. Refrain from asserting tribal sovereignty as a defense against enforcement of the Grantee's obligations under this Agreement.
10. Abide by the terms, conditions and covenants provided in appendices A and B.
Article C. MUTUAL COVENANTS
The Energy Authority and the Grantee agree to the following:
1. Indemnification. (a) The Energy 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 and manpower assistance provided by the Grantee under Article B, Paragraph 6 of this Agreement shall be considered the officers, agents, servants, or employees of the Grantee 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 Grantee’s performance of this Agreement which are caused by the joint negligence of the Energy Authority and the Grantee shall be appropriated on a comparative fault basis. Any such joint negligence on the part of the Energy Authority must be a direct result of active involvement by the Energy Authority.
2 Rights to Rescind Grant and Terminate Agreement. The Grantee acknowledges the right of the Energy Authority to rescind the grant authorized by this Agreement and to terminate this Agreement without payment of liquidated damages to the Grantee if it is determined by the Energy Authority to be in the best interest of the State to do so, if funds are no longer available, or for cause. For the purposes 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 Energy Authority, is a material fact that would have influenced Energy Authority actions. Under these conditions, the Grantee waives any right of recourse and will reimburse the Energy Authority for all funds the Grantee has received according to this Agreement plus all costs, including attorneys’ fees, incurred by the Energy Authority to perfect its claim or collect those funds.
i Availability of Funding. The Grantee 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 Energy Authority may terminate the Agreement without incurring liquidated damages. The Energy Authority may, in its discretion, renegotiate the terms of this Agreement to comply with any new funding limitations or conditions.
Grant Form AEA-O1, Rev. 89
ea: oO e@ Grant Agreement
Page 3 of 6
4. Audit Requirements. This Agreement 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."
5S. Grantee Not Being Agents of the Energy 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 Energy Authority
in the performance of this Agreement.
6. 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.
7. Rights of Other Parties. It is the intent of the parties that this Agreement confer no rights on
any third parties.
8. Binding Effect. This Agreement and all of its terms, covenants, conditions and appendices
Tepresent 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.
9. Severability. If any section, paragraph, clause or provision of this Agreement or any agreement
teferred 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 provisions 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.
10. 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.
11. Notices. Any notice required of either party shall be in writing and, unless receipt of such notice is expressly required by the terms of this Agreement, shall be deemed served when deposited in the mail in a sealed envelope, with sufficient 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 Energy Authority shall be:
Robert E. LeResche, Executive Director
Alaska Energy Authority
P.O. Box 190869
Anchorage, Alaska 99519-0869 (907) 561-7877
and in the case of the Grantee shall be:
Trefim Andrew, President
Igiugig Village Council
P.O. Box 4008
Igiugig, Alaska 99613-4008
(907) 533-3211
Grant Form AEA-01, Rev. 8/89
Grant Agreement
Page 4 of 6
THIS AGREEMENT has been reviewed, agreed to, and executed by the following parties:
for the ALASKA ENERGY AUTHORITY
w Groot U het i//og
(Signature) Date
Brent N. Petrie Acting Executive Director
(Name Printed) (Title)
STATE OF ALASKA ) ) ss.
THIRD JUDICIAL DISTRICT)
The foregoing Agreement was acknowledged before me this la day of Nt) , 1989 by EL Ling tmcnTeuit duientord ot the Alaska Energy Authority, a Public Corporation of the State of Alagka, on behalf of the corporation.
Notary Public, State of Alaska My Commission Expires: ¢- 3- |
for the IGIUGIG VILLAGE COUNCIL
(Sigxature) Date
ES AMR EW
(Name Printed) (Title)
STATE OF ALASKA )
) ss. THIRD JUDICIAL DISTRICT )
The fe ing Agreement acknowledged before me this 2 a day of “2 ce 7 , 1989 by of the Igiugig Vilage Council, on behalf of the Council.
Notary Public, State of Alaska
My Commission Expires:
Grant Form AEA-O1, Rev. 8/89
I.
II.
ee ee Grant Agreement
Page 5 of 6
APPENDIX A
PROJECT DESCRIPTION AND SCHEDULE
The Igiugig Waste Heat Project (the Project) will consist of removal and replacement of damaged
waste heat piping between the power house and the water treatment building, clinic, and community
office/recreation center. The parties to this Agreement agree to make reasonable and cooperative
efforts to complete the Project by December 31, 1989.
SCOPE OF WORK
The Grantee will:
i Remove existing damaged copper waste heat piping (approximately 360 feet) between the power
house and the water treatment building, clinic, and community office/recreation center.
2. Replace damaged piping with properly installed I.C. Holler Piping System provided by the
Energy Authority.
a Perform other waste heat system improvements requested and/or approved by the Energy
Authority if there is sufficient remaining funding in the grant for additional improvements.
Grant Form AEA-A1, Rev. 7/89
Grant Agreement
Page 6 of 6
APPENDIX B
I. FUNDING SOURCE AND AMOUNT
Amount
Source AEA Ledger Code Not to Exceed
Waste Heat Recovery Program LC 81826307 $17,700 (SLA 87 Ch.3 Pg.41 Ln.21)
IL. GRANT DISBURSEMENT/ACCOUNTING PROCEDURE
A On behalf of the Grantee, the Energy Authority will engage an accounting firm that will receive
grant funds from the Energy Authority, disburse funds for the payment of obligations, and provide record and
bookkeeping services associated with administration of the Project, including preparation of all federal, State
and other reports related to payroll, such as taxes, insurance, unemployment, pension, health and welfare fund
contributions. The Energy Authority will serve as liaison between the Grantee and the bookkeeping firm in
providing approved invoices and time sheets for payment.
B. The Grantee will:
1, Authorize the Energy Authority to procure the bookkeeping services as described above on the
Grantee’s behalf, and authorize the bookkeeping service to perform the services described above, on the
Grantee’s behalf, including payment of approved invoices and time sheets.
2. By virtue of authorizing the bookkeeping service to perform the services described above, accept
responsibility for all grant funds disbursed under this Agreement including, where applicable, payment of all
payroll and other taxes and Workman’s Compensation. In addition, the Grantee will accept responsibility for
acquisition of appropriate general liability insurance coverage.
3. Account for the funds received under this Agreement as contributions-in-aid of construction
and, therefore, refrain from including those funds or property acquired with those funds in future rate base
calculations.
4. Upon completion of the Project and payment of outstanding bills, authorize the bookkeeping
firm to remit to the Energy Authority, on the Grantee’s behalf, any grant funds advanced to the Grantee but
not expended under this Agreement.
5. Maintain Project related accounting records for four years following completion of the Project
and allow the Energy Authority to examine said records at any reasonable time.
Grack Form AEA-B1, Rev. 7/89