HomeMy WebLinkAboutChalkyitsik Waste Heat Agrrment 1988ca ae i ES CHALKYITSIK GRANT AGREEMENT Basco Ss
THIS AGREEMENT, entered into this KC day of 1988,
is between the ALASKA POWER AUTHORITY Tod Chere! ws red to as chet "Power
Authority") and the iVILLAGE, OF CHALKYITSIK$ (hereinafter referred to as the "Village"). Tiny
WHEREAS the Power Authority and the Village are authorized by law to enter into
this Agreement; and
WHEREAS the Power Authority has received an appropriation for electrification
completion at Chalkyitsik. wove
NOW THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, the parties agree as follows: .!'!| 15 All :47
Le The Village agrees to make system improvements and upgrade the Chalkyitsik
power generation and distribution system (hereinafter referred to as the
“Project"). These improvements shall include but are not limited to the
following priority order depending upon available funds:
(a) Relocation of the Village generator module and corresponding power
lines.
(b) Installation of a waste heat recovery system on the new generator and
extension of the system to provide waste heat to the school district’s
water treatment plant.
(c) Purchase of a new generator to replace the existing oversized unit.
(d) Extension of the Village distribution system if funds are available.
(e) Performance of other tasks related to the upgrade of the community
power systems as agreed upon by the Village and the | Power Authority if
funds are available.
2. The Village agrees to obtain all titles and easements necessary to provide
clear title or authority to construct and maintain the Project.
3. The Village designates the Power Authority as its agent in the design and
construction management of the Project and delegates to the Power Authority
full authority over all decisions in connection with construction,
start-up, and run-in of the project, including approval of plans and
specifications; choices of scheduling, manpower, methods, procurement,
materials, and procedures for the Project; performance of final inspection;
and issuance of a notice of Project completion.
4. The maximum amount of this grant shall not exceed $51,300.
as The Village assigns to the Power Authority responsibility for accounting
for grant funds. The Power Authority shall maintain Project accounts and
receive, approve and pay invoices on behalf of the Village. Funds shall be
accounted for as contributions-in-aid of construction and, therefore, will
not be included by the Village in future rate base calculations.
788-24.1
8 Db. ¥: an 6. The Village will ensure access by the Power Authority to property as
necessary for construction of the Project and to any part of the Project
over the life of the Project for performance testing.
To The Village agrees to accept ownership and the responsibility for operation
and maintenance of the Project effective on the date of final acceptance of
Project completion by the Power Authority.
8. Upon completion of the Project, the Village shall adopt a resolution
stating the Project has been constructed and completed and thereby
releasing the Power Authority of any liability.
9. The Village shall defend, indemnify, hold and save the Power Authority, its
officers, agents and other employees, harmless from liability, including
costs and expenses, for claims for injuries or damages sustained by any
person or property due to the Village’s performance under this Agreement.
10. The Village, its agents and employees, shall act in an independent capacity
and not as agents of the Power Authority in the performance of this
Agreement.
ll. Either party to this Agreement may bring an action against the other party
in the superior court of the State of Alaska to resolve a dispute arising
under this Agreement. Any lawsuit involving this Agreement shall be heard
in the superior court, Third Judicial District at Anchorage. All legal
costs, including attorney’s fees shall be allocated pursuant to Alaska
Civil Rule 82.
12. It is the intent of the parties that this Agreement confer no rights in any
third parties.
IN WITNESS THEREOF, the parties hereto have set their hands the day and year of
the contract.
Date: Ce Rob E. LeResche
Executive Director a
Approved:
7-29 88
ey General
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged before me _ this igth day of
july , 1988, by Robert E. LeResche, the Executive Director of
the Akés Power Authority, an Alaskan Corporation, on behalf of the
corporation.
788-24.2
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing Agreement was acknowledged pefore me this LQ day of , 1988, by Sta , the Chk
of the Willage of Chalkyitsik, on behalf of the Village.
yl / )
Notary Public, State of Alaska My Commission Expires: 26-40. |
788-24.3