HomeMy WebLinkAboutGrant Agreement #7050847Alaska Energy Authority FEB
2013 ' 4
ALAS KA
Grant Agreement
IDEA
4K-= ENERGY AUTHORITY
Grant Agreement Number CFDA Number
1
Amount of Funds:
AEA use only
Fmanaged
7050847 NA
$ 80,723
Pass-thru
Project Code(s)
Proposal Number:
Period of Performance:
407092
RE50847
From: July 1, 2012 To: December 31, 2013
Project Title:
Scammon Bay H dro Design & Engineering
Grantee
Grantor
Name
City of Scammon Bay
Alaska Energy Authority
Street/PO Box
Street/PO Box
PO Box 90
813 W. Northern Lights Blvd
City/State/Zip
City/State/Zip
Scammon Bay, AK 99662
Anchorage, AK 99503
Contact Person
Contact Person
Larson Hunter
Audrey Alstrom Project Mana er
Phone:
Fax: E-mail:
Phone:
Fax:
I
E-mail:
I
907-558-5529
907-558-5626 cityofscammon@marayarmiut.com
907-771-3045
907-771-3D44
aalstrom aidea.or
AGREEMENT
The Alaska Energy Authority (hereinafter 'Authority') and City of Scammon Bay (hereinafter 'Grantee'), agree
as set forth herein.
Section I. The Authority shall grant funds to pia for expenses incurred by the Grantee under the terms and
conditions of this Agreement, in an amount not to exceed $ 80,723, unless the grant amount is amended as
provided herein.
Section II. The Grantee shall apply the grant funds to the Project and perform all of the work and other
obligations required by this Agreement.
Section III. Performance under this agreement begins July 1, 2012 and shall be completed no later than
December 31, 2013.
Section IV. The agreement consists of this page and the following:
Appendices Attachments/Forms (As required)
Appendix A: General Provisions Attachment 1: Financial Report/Request for
Appendix B: Standard Provisions Reimbursement Form
Appendix C: Grantee Proposal/Scope of Attachment 2: Progress Report Form
Work Attachment 3: Notice of Grant Closeout
Appendix D. Project Management &
Reporting Requirements
Appendix E: Project Budget &
Reimbursement Provisions
Appendix F: Assignment of Project
Management
AMENDMENTS: Any amendments to this
Agreement must be signed by authorized
representatives of Grantee and the Authority
and should be listed here.
Grantee
Authority
Executive Director or
Project Manager
Designee
Sign Date
Sign u D to
atur Dat
Sara Fisher -Goad,
Larson Hun e ,
Audreyr Istrom,
City Manager
Project Manager
AEA Executive Director
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Table of Contents
Grant No. 7050847
AGREEMENT......................................................................................................................................................1
APPENDIXA GENERAL PROVISIONS.............................................................................................................4
1.
DEFINITIONS.................................................................................................................................................4
2.
AUTHORITY SAVED HARMLESS....................................................................................................................4
3.
WORKERS' COMPENSATION INSURANCE......................................................................................................4
4.
INSURANCE..................................................................................................................................................5
5.
EQUAL EMPLOYMENT OPPORTUNITY (EEO)................................................................................................
5
6.
PUBLIC PURPOSES........................................................................................................................................
5
7.
OFFICIALS NOT TO BENEFIT........................................................................................................................
5
8.
GOVERNING LAW.........................................................................................................................................
5
9.
COMPLIANCE WITH APPLICABLE LAW AND FUNDING SOURCE REQUIREMENTS ...........................................
6
10.
SEVERABILITY..............................................................................................................................................6
11.
NON-WAIVER...............................................................................................................................................6
12.
INTEGRATION.................................................................................I I ............................................................
6
13.
GRANTEE NOT AGENT OF AUTHORITY .........................................................................................................6
14.
DISPUTES.....................................................................................•••.............................................................6
15.
TERMINATION............................................................................................................................ ..................
16.
TERMINATION DUE TO LACK OF FUNDING...................................................................................................7
17.
NO ASSIGNMENT OR DELEGATION...............................................................................................................7
18.
NO THIRD PARTY BENEFICIARIES................................................................................................................
8
19.
.....................
NO ADDITIONAL WORK OR MATERIAL.............................................................................. .....
8
20.
.................
CHANGES....................................................................................................................... .............
8
21.
RIGHT TO WITHHOLD FUNDS......................................................................................... ....................8
22.
REMISSION OF UNEXPENDED FUNDS............................................................................................................
8
23.
TAX COMPLIANCE RESPONSIBILITIES OF GRANTEE......................................................................................8
24.
LOBBYING ACTIVITIES.....................................................................I...........................................................8
25.
FINANCIAL MANAGEMENT AND ACCOUNTING.............................................................................................8
26.
PROCUREMENT STANDARDS .............................. ..........................................................................................9
27.
REPORTING REQUIREMENTS.........................................................................................................................9
28.
OWNERSHIP OF DOCUMENTS AND PRODUCTS..............................................................................................9
29.
INSPECTIONS AND RETENTION OF RECORDS.................................................................................................9
30.
AUDITS..................................................................................................................................................
31.
LEGAL AUTHORITY....................................................................................................................... ....
9
32.
GRANT CLOSE OUT.....................................................................................................................................
10
APPENDIX B STANDARD PROVISIONS.........................................................................................................11
1.
GRANT FUNDING SOURCES........................................................................................................................
11
2.
GOVERNING LAWS.....................................................................................................................................
11
3.
ELIGIBLE COSTS........................................................................................................................ ...11
4.
INSURANCE REQUIREMENTS............................................................................................................... ...
1 I
APPENDIX Bl STANDARD PROVISIONS FOR GENERAL DESIGN & CONSTRUCTION GRANT .... 13
1. DECLARATION OF PUBLIC BENEFIT............................................................................................................ 13
2. GRANTEE PROJECT MANAGER................................................................................................................... 13
3. APPROVAL TO PROCEED WITH NEXT PHASE.............................................................................................. 13
4. CONTRACTS FOR ENGINEERING SERVICES................................................................................................. 13
5. SITE CONTROL........................................................................................................................................... 13
6. PERMITS...................................................................................................................................................•.14
7. EXCLUSION OF EXISTING ENVIRONMENTAL HA9.ARDS...............................................................
Page 2 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
8. ENVIRONMENTAL STANDARDS................................................................................................................... 14
9. CURRENT PREVAILING RATES OF WAGE AND EMPLOYMENT PREFERENCE................................................14
10, CONSTRUCTION PLANS AND SPECIFICATIONS REVIEW...............................................................................14
11. CONSTRUCTION INSURANCE AND BONDING...............................................................................................15
12. POST CONSTRUCTION CERTIFICATION....................................................................................................... 15
13. OWNERSHIP OF FACILITIES.........................................................................................................................15
14. OPERATION AND MAINTENANCE OF FACILITIES.........................................................................................15
15. PERFORMANCE/OPFRATION AND MAINTENANCE (O&M) REPORTING.......................................................15
16. TARIFFS & RATES FOR USE OF GRANT -FUNDED ASSETS........................................................................... 16
17. GRANT -FUNDED ASSETS NOT INCLUDED WITH PCE.................................................................................. 16
APPENDIX C GRANTEE PROPOSAL/SCOPE OF WORK...........................................................................17
APPENDIX D PROJECT MANAGEMENT & REPORTING REQUIREMENTS........................................19
I.
PROJECT MANAGEMENT.....................................................................................................I.......................19
2.
CONTACT PERSONS....................................................................................................................................19
3.
QUARTERLY PROGRESS AND FINANCIAL REPORTS....................................................................................19
4.
DOCUMENTATION AND RECORD KEEPING..................................................................................................
20
APPENDIX E PROJECT BUDGET & REIMBURSEMENT PROVISIONS..................................................21
1.
ALLOWABLE COSTS...................................................................................................................................21
a.
Direct Labor & Benefits..........................................................................................................................
21
b.
Travel, Meals, or Per Diem......................................................................................................................
21
c.
Equipment................................................................................................................................................
21
dSupplies
....................................................................................................................................................21
e.
Contractual services.................................................................................................................................22
fConstruction
Services...............................................................................................................................
22
g.
Other Direct Costs..................................................................... ...
22
2.
SPECIFIC EXPENDITURES NOT ALLOWED....................................................................................................22
3.
MATCH.......................................................................................................................................................22
4.
COST SHARE MATCH REQUIREMENTS........................................................................................................23
5.
VALUING IN -KIND SUPPORT AS MATCH.....................................................................................................
23
6.
GRANT DISBURSEMENTS............................................................................................................................24
7.
WITHHOLDING OF GRANT FUNDS...............................................................................................................24
8.
ADVANCE DISBURSEMENTS.......................................................................................................................24
9.
UNEXPENDED GRANT FUNDS AND INTEREST EARNED...............................................................................25
10.
BUDGET ADJUSTMENTS AND CHANGES......................................................................................................
25
APPENDIX F ASSIGNMENT OF PROJECT MANAGEMENT......................................................................26
ATTACHMENT 1 FINANCIAL REPORT/REQUEST FOR REIMBURSEMENT FORM .........................27
ATTACHMENT 2 PROGRESS REPORT FORM.............................................................................................28
ATTACHMENT 3 NOTICE OF PROJECT CLOSEOUT................................................................................29
Page 3 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
APPENDIX A GENERAL PROVISIONS
1. Definitions
In this Grant Agreement, attachments and amendments:
a) "Authority" means the Alaska Energy Authority, a public corporation of the State of
Alaska.
b) "Authority Project Manager" means the employee of the Authority responsible for
assisting the Grantee with technical aspects of the Project and is one of the Grantor's
contacts for the Grantee during all phases of the Project.
c) "Authorized Representatives° means those individuals or entities authorized by an entity
to act on its behalf, with delegated authority sufficient to accomplish the purposes for
which action is needed.
d) "Economic Life" means _50_ years from the date of the final disbursement.
e) "Executive Director" means the Executive Director of the Authority or the Executive
Director's authorized representative.
0 "Grantee Project Manager" means the person designated to fulfill the obligations arising
under Appendix B1, item #2.
g) "Matching Contributions" means the cash, loan proceeds, in -kind labor, equipment, land,
other goods, materials, or services a grantee provides to satisfy any match requirements
of a grant or to complete the Project.
h) "Project" means Scammon Bay Hydro Design & Engineering as defined in Appendix C
(Scope of Grant) for which funds have been made available.
i) "State" means the State of Alaska.
2. Authority Saved Harmless
As a condition of this Grant, the Grantee agrees to defend, indemnify, and hold harmless the
Authority and the State of Alaska, and their agents, servants, contractors, and employees, from
and against any and all claims, demands, causes of action, actions, and liabilities arising out of,
or in any way connected with this grant or the project for which the grant is made, howsoever
caused, except to the extent that such claims, demands, causes of action, actions or liabilities
are the proximate result of the sole negligence or willful misconduct of the Authority or the State
of Alaska.
3. Workers" Compensation Insurance
The Grantee shall provide and maintain Workers' Compensation Insurance as required by AS
23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall
require any contractor to provide and maintain Workers' Compensation Insurance for its
employees as required by AS 23.30.
Page 4 of 29
Scammon Say Hydro Design & Engineering
Grant Agreement #7050847
4. Insurance
The Grantee is responsible for obtaining and maintaining any necessary insurance and
endorsements as defined in Appendix B Standard Provisions. Proof of insurance coverage that
lists the Alaska Energy Authority and the State of Alaska as Additional Insureds must be
included with the first reimbursement or advance request. Continued proof of insurance
coverage must be presented with the first reimbursement or advance request of the grantee's
fiscal year for the life of the grant. Reimbursement and advance requests will not be processed
if proper documentation of insurance has not been submitted.
5. Equal Employment Opportunity (EEO)
The Grantee may not discriminate against any employee or applicant for employment because
of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in
marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place,
available to employees and applicants for employment, a notice setting out the provisions of this
paragraph.
The Grantee shall state in all solicitations or advertisements for employees to work on Authority
funded projects, that it is an Equal Opportunity Employer (EEO) and that all qualified
applications will receive consideration for employment without regard to race, religion, color,
national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy
or parenthood.
The Grantee shall include the provisions of this EEO article in every contract relating to this
Grant Agreement and shall require the inclusion of these provisions in every agreement entered
into by any of its contractors, so that those provisions will be binding upon each contractor and
subcontractor.
& Public Purposes
The Grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to
public purposes and any project constructed or equipment or facilities acquired, shall be owned
and operated for the benefit of the general public. The Grantee shall spend monies
appropriated under this grant only for the purposes specified in the Grant Agreement. The
benefits of the Project shall be made available without regard to race, religion, color, national
origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or
parenthood.
7. Officials Not To Benefit
No member of or delegate to Congress or the Legislature, or officials or employees of the
Authority or Federal government may share any part of this agreement or any benefit to arise
from it.
& Governing Law
This Grant Agreement is governed by the laws of the State of Alaska. Any civil action arising
from this Agreement shall be brought in the Superior Court for the Third Judicial District of the
State of Alaska at Anchorage.
Page 5 of 29
5cammon Bay Hydro Design & Engineering
Grant Agreement 97050847
9. Compliance with Applicable Law and Funding Source Requirements
The Grantee shall comply with all applicable local, state and federal statutes, regulations,
ordinances and codes, whether or not specifically mentioned herein. Refer to Appendix B
Standard Provisions for more specific requirements.
10. Severability
If any section, paragraph, clause or provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall be unaffected and enforced to the fullest extent possible,
and the invalid or unenforceable provision shall be deemed replaced with a valid and
enforceable provision that is as similar as possible to such invalid or unenforceable provision.
11, Non -waiver
The failure of either party at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement, or any
part hereof, or the right of such party thereafter to enforce each and every provision hereof.
12. Integration
This instrument and all appendices, amendments, attachments, Request for Applications dated
July 1, 2011, Application dated August 26, 2011 hereto embody the entire Agreement of the
parties concerning the grant funds granted hereunder. There are no promises, terms,
conditions, or obligations regarding said funds other than those contained in the documents
described above; and such documents shall supersede all previous communications,
representations or agreements, either oral or written, between the parties hereto. To the extent
there is any conflict between the provisions of Appendix A and B the Grantee's application or
proposal, the provisions of Appendix A and B prevail.
13. Grantee Not Agent of Authority
The Grantee and any agents and employees of the Grantee act in an independent capacity and
are not officers or employees or agents of the Authority in the performance of this Grant
Agreement.
14. Disputes
Any dispute arising under this Grant Agreement which is not disposed of by mutual agreement
must be dealt with in accordance with 3 AAC 108.916.
15. Termination
a) The Grantee shall have no rights to compensation or damages for termination except
as provided in this Section.
b) In addition to all other rights available under law, the Authority may terminate this
Agreement or stop work on the Project for the convenience of the Authority or for cause
upon ten (10) days written notice.
c) "Cause" for termination shall exist when the Grantee has failed to perform under this
Agreement, has been stagnant on progression of the project for 2 years, has provided
incorrect or misleading information or has failed to provide information which would have
influenced the Authority's actions. In order for termination to be for cause, the Grantee's
failure to perform or the Grantee's provision of incorrect, misleading, or omitted
information must be material.
Page 6 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
d) If this Agreement is terminated for cause, the Grantee shall be entitled to no
compensation. The Grantee shall reimburse the Authority for all grant funds expended
under this Agreement by the Grantee or on the Grantee's behalf including interest
accrued from the date of disbursement. The Grantee shall also reimburse the Authority
for any costs incurred to collect funds subject to reimbursement, and for any damages
incurred by the Authority as a result of the Grantee's failure to perform or provision of
incorrect or misleading information. The Authority may require the Grantee to return to
the Authority some or all of the Project assets and the fair market value of the returned
Project assets will be applied to reduce the amount of reimbursement the Grantee owes
the Authority under this subsection d.
e) If this Agreement is terminated at the sole request of the Authority for the sole reason
of its convenience, the Grantee is not required to reimburse the Authority for funds
expended prior to the date of termination. If the Grantee has incurred costs under this
agreement, the Grantee shall only be reimbursed by the Authority for eligible costs the
Grantee incurred prior to the date of termination of the Agreement. However, prior to
making any claim or demand for such reimbursement, the Grantee shall use its best
effort to reduce the amount of such reimbursement through any means legally available
to it. The Authority's reimbursement to the Grantee shall be limited to the encumbered,
unexpended amount of funds available under this Agreement.
f) If the basis for the termination of the Agreement or stop work under Section 15(b) is
capable of being cured, the Authority shall provide the Grantee thirty (30) days from the
date the termination or stop work becomes effective for the Grantee to cure the basis for
the termination or stop work. If the grantee cannot reasonably cure the basis for the
termination or stop work within this thirty (30) day period, but the Grantee promptly
undertakes and diligently pursues such cure, the cure period shall be extended to sixty
(60) days. The Authority may further extend the cure period if the grantee demonstrates
that it is prohibited from curing the basis for termination or stop work by any process,
stay or injunction issued by any governmental authority or pursuant to any bankruptcy or
insolvency proceedings. if the Grantee cures the basis for the stop work, the stop work
will be lifted. Until the Agreement is reinstated or stop work lifted, the Authority may not
disburse any amount under this Agreement to the Grantee except as otherwise
specifically provided in this section.
16. Termination Due to Lack of Funding
In the event funding from the Authority, federal or other sources is withdrawn, reduced, or
limited in any way after the effective date of this agreement and prior to normal completion, the
Authority may terminate the agreement, reduce funding, or re -negotiate subject to those new
funding conditions.
17. No Assignment or Delegation
The Grantee may not assign or delegate this Grant Agreement, or any part of it, or any right to
any of the money to be paid under it, except with the written consent of the Executive Director or
Designee.
Page 7 of 29
scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
18. No Third Party Beneficiaries
Except as otherwise specified in this agreement, no person is a third party beneficiary of this
Agreement and this Agreement creates no third party rights. Specifically, any person who is not
a party to this Agreement shall be precluded from bringing any action asserting the liability of a
party or asserting any right against a party to this Agreement, through the terms of this
Agreement. No person, other than a party to this Agreement, may bring any action based upon
this Agreement for personal injuries, property damages, or otherwise.
19. No Additional Work or Material
No claims will be allowed for additional work, materials, or equipment, not specifically authorized
in this Grant Agreement, which are performed or furnished by the Grantee.
20. Changes
Any changes which have been agreed to by both parties will be attached and made a part of
this Grant Agreement by use of a written Amendment. Any such Amendment must be dated
and signed by Authorized Representatives of the Authority and the Grantee.
21. Right to Withhold Funds
The Authority may withhold payments under this Grant Agreement for noncompliance with any
of the provisions of this Grant Agreement.
22. Remission of Unexpended Funds
The Grantee shall return all unexpended grant monies to the Authority within 90 days of the
Project completion.
23. Tax Compliance Responsibilities of Grantee
The Grantee is responsible for determining applicable federal, state, and local tax requirements,
for complying with all applicable tax requirements, and for paying all applicable taxes. The
Authority may issue an IRS Form 1099 for Grant payments made. The Grantee shall pay all
federal, state and local taxes incurred by the Grantee and shall require the payment of all
applicable taxes by any contractor or any other persons in the performance of this Grant
Agreement.
24. Lobbying Activities
In accepting these funds, the Grantee agrees and assures that none of the funds will be used
for the purpose of lobbying activities before the United States Congress or Alaska Legislature.
No portion of these funds may be used for lobbying or propaganda purposes as prohibited in AS
37.05,321, 18 U.S.C. 1913, 31 U.S.C. 1352, or other laws as applicable.
25. Financial Management and Accounting
The Grantee shall establish and maintain a financial management and accounting system that
conforms to generally accepted accounting principles. In addition, the accounting system must
keep separate all grant funds awarded under this grant agreement.
Page 8 of 29
5cammon Bay Hydro Design & Engineering
Grant Agreement #7050847
26. Procurement Standards
Grantees will follow competitive purchasing procedures that: 1) provide reasonable competitive
vendor selection for small dollar procurements; 2) provide for competitive bids or requests for
proposals for contracts and procurements greater than $100,000; 3) provide a justification
process for non-competitive procurements or contracts; 4) document the source selection
methods used for all contracts, equipment, or material transactions greater than $10,000; 5) and
comply with other procurement requirements as defined in Appendix B. Grantees who have
questions about their procurement procedures or a specific procurement should contact the
Authority's Grant Manager.
27. Reporting Requirements
The Grantee shall submit progress reports to the Authority according to the schedule
established in Appendix D of this Grant Agreement.
28. Ownership of Documents and Products
Except as otherwise specifically agreed, all designs, drawings, specifications, notes, artwork,
computer programs, reports and other work developed with grant funds in the performance of
this agreement are public domain and may be used by the Authority and/or public without notice
or compensation to the Grantee. The Grantee agrees not to assert any rights and not to
establish any claim under the design patent or copyright laws. Except as otherwise specifically
agreed, and without limiting any Intellectual Property requirements of a federal funding agency,
the Authority shall have unlimited rights to use and to disseminate any data produced or
delivered in the performance of the contract. For purposes of clarity, nothing in this section
precludes Grantee from using any document or product with respect to the Project or other
Grantee uses.
29. Inspections and Retention of Records
The Grantee shall keep a file for financial, progress and other records relating to the
performance of the grant agreement. The file must be retained for a period of four years from
the fully executed close out of the grant agreement or until final resolution of any audit findings
claim or litigation related to the grant. The Authority may inspect, in the manner and at
reasonable times it considers appropriate, records and activities under this Grant Agreement.
30. Audits
This Grant Agreement is subject to 2 AAC 45.010 single audit regulations for State Grants. The
Grantee must comply with all provisions of 2 AAC 45.010 and any additional audit requirements
outlined in Appendix D.
Commercial (for -profit) entities shall obtain an audit by an independent auditing firm similar to a
program audit prepared under OMB A-133. The auditee and auditor shall have basically the
same responsibilities for the federal or state program as they would have for an audit of a major
program in a single audit. The expenditure threshold is $500,000 in the commercial entity's
fiscal year.
31. Legal Authority
The Grantee certifies that it possesses legal authority to accept grant funds under the State of
Alaska and to execute the Project described in this Grant Agreement by signing the Grant
Agreement document. The Grantee's relation to the Authority and the State of Alaska shall be
at all times as an independent Grantee.
Page 9 of 29
Scammon Bay Hydra Design & Engineering
Grant Agreement #7050847
32. Grant Close out
Upon completion of all work and expenditure of all grant funds related to the Project the
Authority will provide written notice to the Grantee that the Grant will be closed. The Grantee
shall sign the Notice of Project Closeout within 30 days after it is delivered by the Authority. The
Grant will be considered closed upon receipt of the signed Notice of Project Closeout.
The Grant will be administratively closed if the Grantee fails to return the Notice of Project
Closeout within 30 days after it is delivered by the Authority. If the Grantee has a valid reason
for the Grant to remain open, they must contact the Authority in writing within 30 days.
No additional reimbursements will be made to the Grantee after the grant is closed out.
Page 10 of 29
Scamman Bay Hydro Design & Engineering
Grant Agreement #7050847
Appendix B Standard Provisions
1. Grant Funding Sources
This Grant is subject to appropriation and availability of funds as listed below:
State of Alaska $ 80,723
Local Match — In -Kind 2,793
Total Grant Funding $ $
SI_A Ch.17; Sec. 1; Pg. 7; Lns. 14-15
Alaska Tribal Health Consortium (ANTHC)
Grantee acknowledges that if additional grant funds are made available they are subject to the
terms and conditions of this Agreement and any amendment.
2. Governing Laws
The Grantee shall perform all aspects of this Project in compliance with all applicable state,
federal and local laws.
3. Eligible Costs
The Authority, as Grantor, shall have sole discretion to determine which project costs are
eligible to be paid from Grant monies under this agreement. Only direct costs of the Project are
eligible for payment or reimbursement from grant funds. Indirect costs are not allowed under this
grant unless approved by the Authority in Appendix E.
The eligible costs will be determined in accordance with 3 AAC 107.600 — 695 and the Request
for Applications dated July 1, 2011; which is incorporated by reference into this grant
agreement.
4. Insurance Requirements
The following insurance requirements are in effect for this Project. Grant funds will be used to
procure Project related insurance and the Authority will work with the Grantee to ensure that
these requirements are met. Insurance will be obtained with an insurance carrier or carriers
covering injury to persons and property suffered by the State of Alaska, Alaska Energy Authority
or by a third party as a result of operations under this grant. The insurance shall provide
protection against injuries to all employees of the Project engaged in work under this grant. All
insurance policies shall be issued by insurers that (i) are authorized to transact the business of
insurance in the State of Alaska under AS 21 and (ii) have a Bests Rating of at least A-VII and
be required to notify the Authority, in writing, at least 30 days before cancellation of any
coverage or reduction in any limits of liability.
Where specific limits and coverage are shown, it is understood that they shall be the minimum
acceptable and shall not limit the Grantee's indemnity responsibility. However, costs for any
coverage in excess of specific limits of this agreement are the responsibility of the Grantee and
may not be charged to this grant agreement.
Page 11 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement 97050847
The following policies of insurance shall be maintained with the specified minimum coverage
and limits in force at all times during the performance work under this Project:
1. Workers' Compensation: as required by AS 23.30.046, for all employees engaged in
work under this Project. The coverage shall include:
a. Waiver of subrogation against the State and the Alaska Energy Authority and
Employer's Liability Protection at $500,000 each accident/each employee and
$500,000 policy limit;
2. Commercial General Liability: on an occurrence policy form covering all operations
under this Project with combined single limits not less than:
a. $1,000,000 Each Occurrence,
b. $1,000,000 Personal Injury;
c. $1,000,000 General Aggregate; and
d. $1,000,000 Products -completed Operations Aggregate.
The State of Alaska and Alaska Energy Authority shall be named as an Additional
insured.
3. Automobile Liability: covering all vehicles used in Project work, with combined single
limits no less than $1,000,000 each occurrence.
All of the above insurance coverage shall be considered to be primary and non-contributory to
any other insurance carried by the State of Alaska and Alaska Energy Authority, whether self-
insurance or otherwise.
The Authority's acceptance of deficient evidence of insurance does not constitute a waiver of
Grant requirements.
Page 12 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Appendix B7 Standard Provisions for General Design & Construction Grant
9. Declaration of Public Benefit
The parties acknowledge and agree that the Project shall be constructed, owned and operated
for the benefit of the general public and will not deny any person use and/or benefit of Project
facilities due to race, religion, color, national origin, age, physical handicap, sex, marital status,
changes in marital status, pregnancy or parenthood.
2. Grantee Project Manager
For construction projects, the Grantee will contract or hire competent persons to manage all
phases of the Project. Work at a minimum will include; management of Grantee's labor for the
project, engineering firms and consultants, procurement, management of construction
contractors, selection of equipment, review of plans and specifications, on -site inspections and
review and approval of work, and other duties to ensure that the completed work conforms with
the requirements of the grant and the construction documents.
If the Grantee fails to provide adequate project management the Authority may terminate the
Grant or assume project management responsibilities with the concurrence of the Grantee.
Costs for a Grantee Project Manager must be reasonable to be considered an eligible grant
expense.
3. Approval to Proceed With Next Phase
A grant award may be for one or more phases of a project. The grantee must achieve
substantial completion of work or of designated grant milestones and receive approval from the
Authority prior to proceeding to the next phase of work.
4. Contracts for Engineering Services
In the event the Grantee contracts for engineering services, the Grantee will require that the
engineering firm certify that it is authorized to do business in the State of Alaska and provide
proof of licensing and required professional liability insurance.
Unless otherwise agreed by the Authority, the insurance required by this section shall, at a
minimum, included professional liability insurance covering all errors, omissions or negligent
acts in the performance of professional services under this agreement, with limits required per
the following schedule:
Contract Amount
Under $ 100,000
$ 100, 000-$ 499,999
$ 500, 000-$ 999,999
$ 1,000,000 or over
5. Site Control
Minimum Required Limits
$ 300,000 per Occurrence/Annual Aggregate
$ 500,000 per Occurrence/Annual Aggregate
$ 1,000,000 per OccurrencelAnnual Aggregate
Refer to Risk Management
If the grant Project involves the occupancy and use of real property, the Grantee assures that it
has the legal right to occupy and use such real property for the purposes of the grant, and
further that there is legal access to such property. The Grantee is responsible for securing the
real property interests necessary for the construction and operation of the Project, through
ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the
Authority that it has secured these real property interests.
Page 13 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
6. Permits
It is the responsibility of the Grantee to identify and ensure that all permits required for the
construction and operation of this Project by the Federal, State, or Local governments have
been obtained unless otherwise stated in Appendix C. These permits may include, but are not
limited to, Corps of Engineers, Environmental Protection Agency, Alaska Department of
Environmental Conservation, State Historic Preservation Office, State Fire Marshal, Alaska
Department of Natural Resources, Alaska Department of Fish and Game and Boroughs.
7. Exclusion of Existing Environmental Hazards
Grant funds for investigation, removal, decommissioning, or remediation of existing
environmental contamination or hazards, are not allowed unless specifically specified and
approved in Appendix C.
8. Environmental Standards
The Grantee will comply with applicable environmental standards, including without limitation
applicable laws for the prevention of pollution, management of hazardous waste, and evaluation
of environmental impacts.
9. Current Prevailing Rates of Wage and Employment Preference
To the extent required by federal and State law construction projects may require certain
grantees to include the requirements for Davis Bacon and Little Davis Bacon when contracting
for construction services. This requires contractors to pay minimum rates of pay for specific
classes of workers and provide certified payrolls to the State Department of Labor. The current
wage rates can be found at the following web sites:
The Federal wage rates at http:/Iwww.wdol.go1
The State wage rates at http://www.labor.state.ak.us/iss/pMp600.htm
If federal funding sources require federal Davis Bacon compliance, the Grantee must use both
the Federal and State wage scale and the contractor is required to pay the higher of the State or
Federal wage scale. When only State Funds are used that requires "Little Davis Bacon," the
Grantee is only required to follow the State Rate schedule.
For projects that are only State funded, contractors are also required to use local residents
where they are available and qualified in accordance with AS 36.10.150-180, and 8 AAC 30.064
- 088.
The Grantee is responsible for identifying any other sources of project funds and for ensuring
compliance with applicable wage scales for all sources of project funding. If a Grantee believes
they or their contractors may be exempt from these requirements, they should contact the State
of Alaska Department of Labor and Workforce Development, Wage and Hour Administration, for
a determination and forward a copy of that determination to the Authority's Grant Administrator.
10. Construction Plans and Specifications Review
Prior to public notice of bidding a construction project the Grantee will provide the plans and
specifications to the Authority for review. Concurrence that the plans and specifications are
consistent with the grant award must be received before grant funds will be released for
construction related costs.
Page 14 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
11. Construction Insurance and Bonding
When the value of the construction is anticipated to be greater than $100,000, prior to beginning
construction on a project funded by this grant, the Grantee or grantee's contractor(s) must
provide the Authority; 1) proof of adequate insurance as defined in Appendix B. #4 of the grant
agreement, and 2) either a payment and performance bond, as may be required by AS
36.25.010, a surety in form and substance acceptable to the Authority, or some other guarantee
or assurance acceptable to the Authority that the Grantee or the Grantee's contractor has the
capacity, qualifications, and financial resources necessary to complete construction of the
project as proposed in the grant or construction contract(s) funded by this grant.
12. Post Construction Certification
Upon completion of construction the Grantee will submit a final report that includes:
• Certification that all work is completed in accordance with the grant and all costs claimed
are eligible costs and represent work completed on the Project;
• Summary of total project cost including detailed funding sources and any outstanding
debt;
• Certification that there is a release of any contractor or subcontractor liens on the
project;
• Identification of any outstanding construction issues;
• Demonstration that appropriate insurance is in place and,
• As -built drawings.
13. Ownership of Facilities
The Grantee shall assume all liabilities arising from the ownership and operation of the Project.
Grantee will not sell; transfer, encumber, or dispose of any of its interest in the facilities
constructed with this grant funding during the economic life of the project without prior written
approval of the Authority.
14. Operation and Maintenance of Facilities
The Grantee is required to maintain and operate the facilities defined in Appendix C of this
agreement for the economic life of the facility or the specific period of time designated herein.
In the event that the Grantee is no longer operating the facilities for the intended purposes the
Authority may require the Grantee to reimburse the Authority an amount based on the total
contribution of the Authority, the value of the assets, and the terms and conditions of this
agreement. The Authority may require that the assets acquired under this agreement be sold
and the proceeds returned to the Authority.
15. Performance/Operation and Maintenance (O&M) Reporting
If the grant is for Project construction, the Grantee must provide the Authority with a
Performance/O&M Report annually for five years after Project completion. The Performance/
O&M Report must include: (1) a detailed description of Project operations and maintenance
activities and issues; and (2) a detailed description of Project performance, including energy
output, estimated fuel savings resulting from the operation of the Project, and any other relevant
measures of Project performance reasonably requested by the Authority, a description of
repairs and modifications to the Project, and recommendations for improvements for similar
future projects.
Page 15 of 29
scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
The Authority may take into account the Grantee's failure to provide the required annual
Performance/O&M Report in evaluating future applications from the Grantee for grant funds.
The Authority encourages grantees to provide annual Performance/O&M reports for the life of
the Project, and may consider the Grantee's voluntary submittal of annual Performance/O&M
reports beyond the first five years in evaluating future applications from the Grantee for grant
funds.
16. Tariffs & Rates for Use of Grant -Funded Assets
Rates for power provided as a result of generation or transmission facilities built with grant funds
may be subject to review and approval by the Regulatory Commission of Alaska (RCA), or if the
rates are not subject to RCA review and approval, they may be subject to review and approval
by the Authority to ensure reasonable and appropriate public benefit from the ownership and
operation of the Project.
As a condition of the grant, Independent Power Producers will agree to sell energy resources for
electricity and heat at a cost -based rate for the economic life of the project. The Authority will
hire an independent economist to provide guidance in developing a cost -based rate for electric
sales with an appropriate rate of return on equity.
The allowable cost -based rate represents the highest rate that the Independent Power Producer
will be allowed to charge. Because the cost -based rates are a grant condition, avoided costs
rates or Public Utility Regulations Policies Act (PURPA) rates will not apply for projects which
obtain grant funding.
Application for a Certification of Public Convenience and Necessity (CPCN) is also a grant
condition. RCA action related to the issuance of the CPCN must be completed prior to the
issuance of any construction grant funding.
17. Grant -funded Assets Not Included with PCE
The Grantee agrees that it will not include the value of facilities, equipment, services, or other
benefits received under this grant as expenses under the Power Cost Equalization Program or
as expenses on which wholesale or retail rates or any other energy tariffs are based.
Page 16 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Appendix C Grantee Proposal/Scope of work
The City of Scammon Bay will use the $80,793 Round V Renewable Energy Fund grant, and
$2,793 of in -kind matching funds, to assess the feasibility of and prepare conceptual design
drawings of a 331 kW run -of -river hydroelectric power project on Ekashluak Creek to serve the
community.
Ekashluak Creek is located in the Askinuk Mountains, eleven miles west of Scammon Bay. The
City and hydro site are located in the Yukon Delta National Wildlife Refuge. The power system
in Scammon Bay is owned and operated by Alaska Village Electric Cooperative (AVEC). AVEC
and several other entities provided letters of support for the grant.
Hydroelectric development for Scammon Bay has been studied several times in the past. The
most recent study was completed in 2003. That study found that a hydroelectric project at
Ekashluak Creek could reduce diesel electrical generation significantly. Stream gage data was
collected for 13 months at 2-hour intervals and indicated flow near the mouth of the creek
ranged from 11 to 78 cfs. The project was estimated to cost $3.68M (2003 dollars) and annually
generate up to 2.5 GWh, of which approximately 1 GWh was useable. It is possible more of this
excess energy could be used in Scammon Bay today.
The proposed Ekashluak Creek project has risks that need to be understood and some
remaining unanswered questions that this study can help to resolve. This feasibility study will
address, but it is not limited to, the following: anadromous or resident fish presence in the
affected reach of the creek, suitability of geology at the proposed project intake and powerhouse
sites, access to the project area for construction and system maintenance, transmission line
routing, agency lead if the project moves on to licensing and permitting, the project's current
economics, and estimated cost of power in comparison to diesel generation. The study will also
complete conceptual design of the proposed project.
If the study of Ekashuluak Creek does not appear to be a viable site for hydroelectric
development, a second smaller stream, which is located near Scammon Bay and serves as the
source of the community water supply, can be reviewed for its hydroelectric potential. This
stream has been studied as a potential hydroelectric power site in the past. Additionally, a new
road recently constructed east of town may provide access to alternative hydropower sites that
can also be investigated in this study.
The City of Scammon Bay intends to designate Alaska Native Tribal Health Consortium as its
agent for the purposes of accomplishing the tasks funded by this grant. The hydropower
engineering for this grant is expected to be conducted by an engineering consultant whose
resume was provided in the application.
The following table outlines the milestones, reimbursable tasks, budget, schedule, and
deliverables for this grant. The achievement of a milestone is measured by completion of the
accompanying tasks. Expenses related to a milestone's reimbursable tasks are eligible for
reimbursement while working towards completion of that milestone.
Page 17 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement 07050847
1 j Grant Agreement in �iace
2) AEA accepts Conceptual
Design & Report
Establish Work
Plan
Project Scoping
and Contractor
Selection
ow
Grant Match • Deliverables'
_Qate
Dec
2012
Dec
2013
$4,500 $160 Jan 2013 Copy of Work Plan
$5,700 $200 Jan 2013 Copies of Scoping
Documents and
Contractor
Selection
Conceptual Design, $70,523 $2,433 Oct 2013 Copy of Conceptual
Report, & Cost Design, Report,
Estimate Calculations, &
Cost Estimate
Total Budget $80,723 $2,793
Page 18 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #t7050847
Appendix D Project Management & Reporting Requirements
4. Project Management
The Grantee will notify the Authority immediately of any significant organizational changes
during the term of the grant, including changes in key personnel or tax status, any unforeseen
problem or project delay that may cause a change to the work plan or budget or that may
otherwise affect the Grantee's ability to perform its commitments under this Grant Agreement.
Any unreported or unapproved changes to the work plan or budget evident in reports may result
in an amendment being required, costs disallowed, suspension or termination of the grant as
described in Appendix A.
2. Contact Persons
For the Grantee
For The Authority
Grant Manager
Grant Manager
Larson Hunter
Shawn Calfa, Grants Administrator
PO Box 90
813 W. Northern Lights Blvd.
Scammon Bay, AK 99662
Anchorage, Alaska 99503
cityofscammon(ccD-marayarmiut.com
scalfa _ aidea.orp
907-558-5529
907-771-3031
Project Manager
Project Manager
Shad Schoppert
Audrey Alstrom
1901 Bragaw Street, Suite 200
813 W. Northern Lights Blvd.
Anchorage, AK 99508
Anchorage, Alaska 99503
smschoppert(M-anthc.org
aalstrom(cD-aidea.orc
907-729-3604
907-771-3045
3. Quarterly Progress and Financial Reports
The Grantee will provide quarterly status reports by email (or other method allowed by the
Authority, if email is not available) to the Authority Project Manager. Reports are due January
31st; April 30th; July 31st, and; October 31st of each year this Agreement is in place. If the due
date is a weekend or holiday, reports are due the following business day.
This report must update the Authority on the Project's progress, regulatory and compliance
issues, possible delays, and grant expenditures during the quarter. These Quarterly Progress
Reports must summarize, in one or two pages, the progress made on grant tasks during the
quarter and identify any difficulties in completing tasks or meeting goals or deadlines. The
Grantee must also include with the report copies of any work products due to the Authority
during this period.
Page 19 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Reports are considered late five 5 days after the due date. No further payments will be made
without submission and approval of required reports. Work completed after the twenty -day
period when required reports have not been submitted is at the Grantee's risk, and costs
incurred may be disallowed. Repeated failure to submit reports in a timely manner could result
in suspension or termination of the grant.
All reports and deliverables required in this agreement must have been submitted and approved
by the Authority prior to the final payment being released.
4. Documentation and Record Keeping
The Grantee shall maintain the following in their files:
• Grant application,
• Grant agreement and any amendments,
• All written correspondence or copies of emails relating to the Grant,
• Reports, including any consultant work products,
• A separate accounting of grant income and expenditures,
• Supporting documentation for the expenditures charged to the grant (including
supporting documentation for all required matching contributions).
The Authority and any authorized federal representative may inspect, in the manner and at any
reasonable time either considers appropriate, the Grantee's facilities, records, and activities
funded by this Grant Agreement.
Page 20 of 29
5cammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Appendix E Project Budget & Reimbursement Provisions
1. Allowable Costs
Allowable costs under this grant include all reasonable and ordinary costs for direct labor &
benefits, travel, equipment, supplies, contractual services, construction services, and other
direct costs identified and approved in the Project budget that are necessary for and incurred as
a direct result of the Project and consistent with the requirements noted in Appendix B 3 Eligible
Costs.
A cost is reasonable and ordinary if, in its nature and amount, it does not exceed that which
would be incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the costs.
Allowable costs are only those costs that are directly related to activities authorized by the Grant
Agreement and necessary for the Project. The categories of costs and additional limits or
restrictions are listed below:
a. Direct Labor & Benefits
Include salaries, wages, and employee benefits of the Grantee's employees for that portion
of those costs attributable to the time actually devoted by each employee to, and necessary
for the Project. Direct labor costs do not include bonuses, stock options, other payments
above base compensation and employee benefits, severance payments or other termination
allowances paid to the Grantee's employees.
b. Travel, Meals, or Per Diem
Include reasonable travel expenses necessary for the Project. These include necessary
transportation and meal expenses or per diem of Grantee employees for which expenses
the employees are reimbursed under the Grantee's standard written operating practice for
travel and per diem or the current State of Alaska Administrative Manual for employee
travel.
c. Equipment
Include costs of acquiring, transporting, leasing, installing, operating, and maintaining
equipment necessary for the Project, including sales and use taxes.
Subject to prior approval by the Authority Project Manager, costs or expenses necessary to
repair or replace equipment damage or losses incurred in performance of work under the
grant may be allowed. However, damage or losses that result from the Grantee's
employees, officer's, or contractor's gross negligence, willful misconduct, or criminal conduct
will not be allowed.
d. Supplies
Include costs of material, office expenses, communications, computers, and supplies
purchased or leased by the Grantee necessary for the Project.
Page 21 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement 97050847
e. Contractual services
Include the Grantee's cost of contract services necessary for the Project. Services may
include costs of contract feasibility studies, project management services, engineering and
design, environmental studies, field studies, and surveys for the project as well as costs
incurred to comply with ecological, environmental, and health and safety laws.
f. Construction Services
For construction projects this includes the Grantee's cost for construction contracts, labor,
equipment, materials, insurance, bonding, and transportation necessary for the Project.
Work performed by the Grantee's employees during construction may be budgeted under
direct labor and benefits. Contracted project management or engineering may be budgeted
under contractual services and major equipment purchases made by the Grantee may be
budgeted under equipment.
g. Other Direct Costs
In addition to the above the following expenses necessary for the Project may be allowed.
• Net insurance premiums paid for insurance required for the grant Project;
• Costs of permits and licenses for the grant Project;
• Non -litigation legal costs for the Project directly relating to the activities; in this
paragraph, "non -litigation legal costs" includes expenses for the Grantee's legal staff and
outside legal counsel performing non -litigation legal services;
• Office lease/rental payments;
• Other direct costs for the Project directly relating to the activities and identified in the
grant documents; and/or
• Land or other real property or reasonable and ordinary costs related to interests in land
including easements, right-of-ways, or other defined interests.
2. Specific Expenditures not allowed
Ineligible expenditures include costs for overhead, lobbying, entertainment , alcohol, litigation,
payments for civil or criminal restitution, judgments, interest on judgments, penalties, fines,
costs not necessary for and directly related to the grant Project, or any costs incurred before the
beginning date of the grant as indicated on the signature page.
Overhead costs described in this section include:
salaries, wages, applicable employee benefits, and business -related expenses of the
Grantee's employees performing functions not directly related to the grant Project;
• office and other expenses not directly related to the grant Project; and
• costs and expenses of administration, accounting, human resources, training, property
and income taxes, entertainment, self-insurance, and warehousing.
3. Match
The Grantee is required to provide $ 2,793 in match for this Project.
Page 22 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
4. Cost Share Match Requirements
Cost sharing or matching is that portion of the Project costs not borne by the Authority. The
Authority will accept all contributions, including cash and in -kind, as part of the Grantees' cost
sharing or matching when such contributions meet the following criteria:
• Are provided for in the Project budget;
• Are verifiable from the Grantee's records;
• Are not included as contributions for another state or federally assisted project or
program; (The same funds cannot be counted as match for more than one program.)
• Are necessary and reasonable for proper and efficient accomplishment of the Project or
program objectives;
• Are allowable costs;
• Are not paid by the State or federal government under another award, except for
authorized by the State or federal statute to be used for cost sharing or matching;
• Must be incurred within the grant eligible time period. The Authority may allow cost
sharing or matching contributions that occurred prior to the grant eligible time period for
projects that involve construction.
5. Valuing In -Kind Support as Match
If the Grantee chooses to use in -kind support as part of or its entire match, the values of those
contributions must be approved by the Authority at the time the budget is approved. The values
will be determined as follows:
• The value of real property will be the current fair market value as determined by an
independent third party or a valuation that is mutually agreed to by the Authority and the
Grantee and approved in the grant budget.
• The value assessed to Grantee equipment or supplies will not exceed the fair market
value of the equipment or supplies at the time the grant is approved or amended.
• Equipment usage will be valued based on approved usage rates that are determined in
accordance with the usual accounting policies of the recipient or the rates for equipment
that would be charged if procured through a competitive process. Rates paid will not
exceed the fair market value of the equipment if purchased.
• Rates for donated personal services will be based on rates paid for similar work and skill
level in the recipient's organization. If the required skills are not found in the recipient
organization, rates will be based on rates paid for similar work in the labor market.
Fringe benefits that are reasonable, allowable, and allocable may be included in the
valuation.
• Transportation and lodging provided by the Grantee for non -local labor will not exceed
the commercial rates that may be available within the community or region.
Page 23 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
B. Grant Disbursements
The Grantee must request disbursement of grant funds in the form and format required by the
Authority with appropriate back-up documentation and certifications. (See Attachment 1)
Reimbursements are made for actual costs incurred and must be for approved milestones. The
back-up documentation must demonstrate the total costs incurred are allowable, and reflect the
amount being billed. Documentation must include:
• A ledger summarizing cost being billed
• A summary of direct labor costs supported by timesheets or other valid time record to
document proof of payment
* Travel and per diem reimbursement documentation
* Contractor or vendor pay requests
• Invoices
* Detailed ledger of costs being charged to this grant
Payment of grant funds will be subject to the Grantee complying with its matching contribution
requirements of the Grant.
Payment of grant funds will be made by the Authority to the Grantee within 30 days from receipt
of a properly completed, supported, and certified Reimbursement Request (See Attachment 1).
7 Withholding of Grant Funds
If, upon review of the monthly billings, the Authority discovers errors or omissions in the billings
it will notify the Grantee within thirty (30) days of receipt of the billing. Payment for the portion of
billings for which there is an error or omission may be withheld pending clarification by Grantee.
Grant funds may be withheld for the following reasons:
• The Grantee fails to provide adequate back-up documentation.
The Authority determines that a specific expense is not allowed under the grant.
The Grantee's matching contribution requirements are not met.
Up to 10% of the Authority's contribution of grant funds may be retained by the Authority until
the Project is completed and all required final documentation and reports are received and
accepted by the Authority.
8. Advance Disbursements
In most instances, payments to a Grantee will be made on a cost reimbursable basis. If the
Authority determines that cost reimbursement will significantly inhibit the Grantee's ability to
perform the Project and determines that an advance is in the public interest, the Authority may
recommend an advance to the Grantee of an amount not to exceed a projected thirty (30) day
cash need, or twenty percent (20%) of the grant amount, whichever amount is less.
Page 24 of 29
5cammon Bay Hydro Design & Engineering
Grant Agreement MOW
Before the Authority will issue an advance, the Grantee must provide in writing, and the
Authority must approve a "Request for Advance Payment" form which includes:
a. justification of the need for the advance,
b. documentation of anticipated line item costs associated with the advance.
All advances will be recovered with the Grantee's next Financial/Progress Report form. Should
earned payments during the terms of this Grant Agreement be insufficient to recover the full
amount of the advance, the Grantee will repay the unrecovered amount to the Authority when
requested to do so by the Authority, or at termination of the Grant Agreement.
9. Unexpended Grant Funds and Interest Earned
Any grant funds not expended under this agreement and any interest accruing on the grant
funds belong to the Authority and shall be returned to the Authority.
10. Budget Adjustments and Changes
When a Grantee faces increased unbudgeted costs, the grantee should contact the Authority
Project Manager. Budget adjustments cannot increase the grant award amount. Cost overruns
that may require reduced scope of work will require Authority approval and an amendment to
the grant. If a budget adjustment or other changes indicate to the Authority Project Manager
that the project cannot be completed as currently planned and budgeted for, the Authority
Project Manager will not approve the release of additional grant funds until the grantee provides
sufficient information on iow the grantee intends to complete the revised project.
Budget Adjustments
The Grantee shall identify budget changes on its Financial Reports submitted to the Authority.
At least quarterly, the Authority will compare actual costs to budgeted distributions based on the
Financial Report/Request for Reimbursement form. Costs charged to grant funds must reflect
adjustments made as a result of the activity actually performed. The budget estimates or other
distribution percentages must be revised at least quarterly, if necessary, to reflect changed
circumstances.
Page 25 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Appendix F Assignment of Project Management
9. Project Administration
The Alaska Native Tribal Health Consortium (ANTHC), through its relationship with the City of
Scammon Bay will administer the project on behalf of the City in accordance with the terms
established in this instrument and all appendices, amendments, attachments here unto.
ANTHC's authority to carry out this project for the City of Scammon Bay is authorized under the
Cooperative Project Agreement (CPA) between the City of Scammon Bay and ANTHC. Prior to
the disbursement of funds, a fully executed copy of the CPA must be forwarded to AEA.
2. Disbursement of Grant Funds and Required Reporting
ANTHC will assume the responsibility of requesting reimbursement for expenses directly related
to the project. Approval of the reimbursement requests will be based on supporting
documentation provided by ANTHC. Grant funds will be disbursed, directly to ANTHC, into an
account designated for the Scammon Bay Hydra Design & Engineering.
Page 26 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement #7050847
Attachment 1 Financial ReportJRequest for Reimbursement Form
THIS REQUEST IS FOR FINAL PAYMENT
Grantee: City of Scammon Bay Project: Scammon Bay Hydro Design &
Enulneerinst
Period: to Grant Number: 7050847
BUDGET SUMMARY
A
B
C
D=B+C
E=A-D
TOTAL GRANT
BUDGET
PRIOR
EXPENDITURES
EXPENDITURES
THIS PERIOD
TOTAL
EXPENDITURES
GRANT
BALANCE
BY TASK OR MILESTONE
Establish Work Plan
$ 4,660
Project scoping and contractor
selection
5,900
Conceptual Design & Cost
estimate
72,956
TOTAL
$ 83,516
BY BUDGET CATEGORIES
Direct Labor and Benefits
$ 4,000
Travel
993
Contractual Services
78,523
Other
0
TOTAL
$
BY FUND SOURCES
Grant Funds
$ 80,723
Grantee Match — In -Kind
2 793
TOTAL
CERTIFICATION
Form requires two original signatures. The person certifying must be different from the person preparing the report.
One signature should be the authorized representative of the Grantee organization or highest ranking officer; the
other should be the person who prepared the report.
I certify to the best of my knowledge and belief that the information reported on both the Financial Report
above and the attached Progress Report are correct. In addition, funds were spent and work performed in
accordance with the grant agreement terms and conditions.
Certified By: Prepared By:
Printed Name: Printed Name:
Title: Date: Title: Date:
Page 27 of 29
Scammon Bay Hydro Design 8 Engineering
Grant Agreement #7050847
Attachment 2 Progress Report Form
Grantee: City of Scammon Bay
Project Name: Scammon Bay Hydro Design & Engineering
Grant # 7050847
Period of Report: _ to
Project Activities Completed:
Existing or Potential Problems:
Activities Targeted for Next Reporting Period:
Prepared By:
Printed Name:
Date:
Page 28 of 29
Scammon Bay Hydro Design & Engineering
Grant Agreement 97050847
Attachment 3 Notice of Project Closeout
NOTICE OF PROJECT CLOSEOUT
ALASKA ENERGY AUTHORITY
Project Name: Scammon Bay Hydro Design & Engineering
Grantee: City of Scammon Bay
Grant Number: 7050847
The Alaska Energy Authority certifies and acknowledges that the Grant referenced above has
been completed, and that all tasks have been satisfactorily carried out in accordance with the
terms and conditions of Agreement Number: 7050847.
Project Manager
Alaska Energy Authority
Date
City of Scammon Bay certifies that the Grant named above is complete in accordance with the
terms and conditions of Alaska Energy Authority Agreement Number: 7050847.
City of Scammon Bay also certifies that, we have been reimbursed for all eligible expenses
pertaininq to 7050847, and that as of the date of signature, no further reimbursements will be
requested for any activity related to the Grant identified above.
Pursuant to Appendix B1 #15 `Performance/Operation and Maintenance (O&M) Reporting', the
grantee is required to provide detailed reports annually, for five years.
Authorized Signature
Printed Name
Title
Date
Page 29 of 29
u I I I Ki� i I roll Me FISMA. lrjl��Mlcl Me
Cooperative ][)�MogectAgreement
An EnaWProjed &-twwj
TheA &4m Native TH-W Healfdi Con"fium ark
The City of & mmm &a Ab"
Project No. AN 12 Z21
Novi 2012
COOPERATIVE PROJECT AGREEMENT
SANITATION FACILITIES IMPROVEMENTS
CITY OF SCAMMON BAY, ALASKA
PROJECT NO. AN 12-Z21
To complete this project, ANTHC and the City mutually agree to the terms and conditions
contained in this Agreement.
PREPARED BY:
Dat
RECOMMENDED BY: a 0', 1 Z
Date
RECOMMENDED BY:
6L112
Date
APPROVED BY: /2--/t/ L-
Date
APPROVED BY THE 1-1
CITY OF SCAMMON BAY: D We
Project Manager
DEHE,ANTHC
�dn
Daniel Reitz, P.E.
Director of Operations Development
DEHE,ANTHC
Steven M. Weaver, P.E.
Senior Director
DEHE,ANTHC
Roald Helgesen
Chief Executive O cer
ANTHC
yor, C.Xy of Scammon Bay,
Alaska
COOPERATIVE PROJECT AGREEMENT
SANITATION FACILITIES IMPROVEMENTS
CITY OF SCAMMON BAY, ALASKA
PROJECT NO. AN 12-Z21
To complete this project, ANTHC and the City mutually agree to the terms and conditions
contained in this Agreement.
PREPARED BY: Z /
Date Shad Schoppert, P.E.
Project Manager
DEHE, ANTHC
�u
RECOMMENDED BY:
Date Daniel Reitz, P.E.
Director of Operations Development
DEHE, ANTHC
RECOMMENDED BY: CZ i
GQkDt—
Datel Steven M. Weaver, P.E.
Senior Director
DEHE, ANTHC
APPROVED BY: j �' �) Z-
f'Dz�
Date Roald Helgesen
Chief Executive Officer
ANTHC
APPROVED BY THE IZIAt., A � !
,-A
CITY OF SCAMMON BAY: Dati Midyor' COof Scammon Bay,
Alaska
COOPERATIVE PROJECT AGREEMENT
SANITATION FACILITIES IMPROVEMENTS
CITY OF SCAMMON BAY, ALASKA
PROJECT NO. AN 12-Z21
TABLE OF CONTENTS
A. INTRODUCTION....................................................................................................................1
B. SCOPE OF PROJECT..............................................................................................................I
C. PROJECT COST......................................................................................................................2
C1. Cost Estimate Table.....................................................................................................................2
C2. Project Funding...........................................................................................................................2
D. PROJECT ADMINISTRATION.............................................................................................2
E. PROVISIONS FOR PROJECT COMPLETION.....................................................................3
F. REQUIREMENTS OF NATIONAL HISTORIC PRESERVATION ACT, NATIVE
AMERICAN GRAVES PROTECTION AND REPATRIATION ACT.........................................3
G. TERM.......................................................................................................................................5
APPENDIX
COOPERATIVE PROJECT AGREEMENT
SANITATION FACILITIES IMPROVEMENTS
CITY OF SCAMMON BAY, ALASKA
PROJECT NO. AN 12-Z21
A. INTRODUCTION
DATE OF AGREEMENT:
November 2012
Throughout this Cooperative Project Agreement (CPA) the following entities are referred to
as follows:
Native Village of Scammon Bay =
Tribe
City of Scammon Bay =
City
Alaska Native Tribal Health Consortium —
ANTHC
Division of Environmental Health and Engineering 4
DEHE
Indian Health Service =
IHS
Alaska Energy Authority —
AEA
Alaska Village Electric Cooperative =
AVEC
The mission of ANTHC DEHE is to create safe and healthy communities. Through public
Laws 86-121, 93-638, and 105-83, ANTHC has assumed from the IHS the management of
the sanitation facilities construction program.
The City is entering Grant Agreement No. 7050847, by which the AEA will provide funding
for the project described therein. ANTHC intends to assist the City in the execution of the
project and, pursuant to the terms of the Grant Agreement and this CPA, may represent the
City in interactions with the AEA. The purpose of this CPA is to allocate responsibilities
between ANTHC and the City for the execution of this project.
B. SCOPE OF PROJECT
This project will provide for a second engineering opinion of the merits and risks of the
proposed hydroelectric plant to serve the City of Scammon Bay, Alaska. Between 1981 and
2003, two reconnaissance and two feasibility studies were completed on behalf of various
agencies including the Army Corps of Engineers, Alaska Power Authority, and AVEC.
These studies provided increasingly detailed analyses and all concluded that Scammon Bay
has a viable source of hydroelectric power generation capability. This project will collate all
the work to -date, identify and study the gaps in the existing information, and make one
cohesive design recommendation.
CITY OF SCAMMON BAY, COOPERATIVE PROJECT AGREEMENT PAGE 2
PROJECT NO. AN 12-Z21 NOVEMBER 2012
C. PROJECT COST
C 1. Cost Estimate Table
.lob
Type
Scope of Work
Qty
�
Unit Cost
Total Cost (AEA)
M-DS
Design
1
LS
$68,615.00
$68,615.00
M-CB
Support secs direct charges
1
L5
$12,108.00
$12,108.00
Total
1 $80,723.00
Proiect sunnort services include vroiect-related salaries, materials, training- utilit
i equipment
and travel.
C 2. Project Funding
Contributor Fiscal Year
State of Alaska AEA (Stated 2012
TOTAL PROJECT FUNDING
ies,
Description Amount
Renewable Energy
Fund AR 7050847 $_ 80,723
$ 80.723
ANTHC will provide project expenditure documentation for the costs and expenses
of this project directly to AEA as requests for reimbursement. Pursuant to the terms
of the Grant, AEA's approval of reimbursement requests will be based on supporting
documentation provided by ANTHC. The City authorizes ANTHC to receive Grant
reimbursements directly from AEA and to expend them according to this Agreement,
the Grant Agreement and the General Provisions.
The funding table shows the proposed distribution of funding for the scope of work to
be performed under this CPA. Actual expenses may vary, and ANTHC may
reallocate funding so long as the funds from each individual contributing agency are
used only for components of the overall project that would be allowable if funded
solely by that contributing agency, or as permitted under an otherwise applicable
agreement.
D. PROJECT ADMINISTRATION
Project design will be completed by ANTHC.
If AEA fails to provide ANTHC reimbursements for properly complete, supported and
certified request for reimbursement in a timely manner, ANTHC may, upon notification to
the City and AEA, immediately cease work on this project without further obligation or
liability.
CITY OF SCAMMON BAY, COOPERATIVE PROJECT AGREEMENT PAGE 3
PROJECT NO. AN 12-Z21 NOVEMBER 2012
E. PROVISIONS FOR PROJECT COMPLETION
This project will be administered according to the terms and conditions of the ANTHC
DEHE General Provisions Manual dated March 2009, found in Attachment i and hereby
incorporated by reference (the "General Provisions"). ANTHC will serve as the "Project
Lead" and the City will serve as the "Local Participant" as those roles are defined within the
General Provisions. The City designates ANTHC its agent vis-a-vis the AEA for funding and
project management.
F. REQUIREMENTS OF NATIONAL HISTORIC PRESERVATION ACT, NATIVE
AMERICAN GRAVES PROTECTION AND REPATRIATION ACT
NHPA, NAGPRA
The National Historic Preservation Act (NHPA) provides for the identification and protection
of historic properties and cultural resources, including avoidance of unnecessary disturbance
of reported or known human burials and provides for mitigation when appropriate. The
NHPA also requires that Tribes that attach religious or cultural significance to a historic
property or resource be consulted if archeological discoveries are made or may potentially be
made during construction. The Native American Graves Protection and Repatriation Act
(NAGPRA) addresses the appropriate treatment and disposition of human burials, funerary,
and associated items discovered on federal lands or Indian Allotments. NAGPRA recognizes
the inherent rights and claims of the Native people to cultural resources and requires their
protection if discovered on federal lands or Indian Allotments. Although NAGPRA is
inapplicable to ANTHC projects that do not take place on such lands, ANTHC recognizes the
inherent rights and claims of Tribes when human remains and associated items are uncovered
through construction projects.
Stop Work, Other Compliance in the Case of Discovery
The National Historic Preservation Act (NHPA) provides for the identification and protection
of cultural resources including avoiding unnecessary disturbance of reported or known
human burials and for providing mitigation when appropriate. The NHPA also requires
Tribes to be consulting parties if archeological discoveries are made during construction.
The Native American Graves Protection and Repatriation Act (NAGPRA) contains
stipulations regarding the appropriate treatment and disposition of human burials, funerary,
and associated items discovered on Federal lands or Indian Allotments. NAGPRA recognizes
the inherent rights and claims of the Native people. Although NAGPRA often is inapplicable
to ANTHC projects, ANTHC recognizes the inherent rights and claims of Tribes when
human remains and associated items are uncovered through construction projects.
CITY OF SCAMMON BAY, COOPERATIVE PROJECT AGREEMENT PAGE 4
PROJECT NO. AN 12-Z21 NOVEMBER 2012
Therefore, if construction for this project results in the discovery of ancient cultural items
(i.e., human burials, associated items, and/or archaeological artifacts), ANTHC will notify
the Native Village of Scammon Bay and treat it as a consulting party.
The City and ANTHC will work with the Native Village of Scammon Bay to help ensure
compliance with the NHPA, NAGPRA, and the ANTHC policy recognizing inherent rights
and claims.
The Native Village of Scammon Bay will be asked to:
• Identify and help locate any known or reported archaeological site, artifact, or
ancient human remains prior to the beginning of construction to avoid unnecessary
damage to sensitive resources.
ANTHC will delay construction in the vicinity of a discovery until applicable statutory and
regulatory procedures, including those in 36 CFR Part 800, Subpart B are complete. These
procedures, pursued by ANTHC, the City, and the Native Village of Scammon Bay, subject
to available funding, may include, without limitation:
• Identify and perform appropriate mitigation measures in conformance with 36 CFR
Part 800, Subpart B.
• Ensure an archaeologist has an opportunity to view and document any and all
cultural items discovered during excavation if an adverse effect determination has
been made.
• Ensure that, if removal of ancient human remains is necessary, the archaeologist
will remove the entire body and that there will be no fin-ther study, tests or
photographs of the remains without the consent of the Native Village of Scammon
Bay (which will be provided in a separate agreement).
• Contact the Village Public Safety Officer or State Troopers if a modern human
burial is discovered and avoid any further disturbance of the scene until they have
conducted any investigation that may be necessary. No police notification is needed
for archaeological remains.
i Ensure the inherent and legally protected rights of the Native Village of Scammon
Bay are respected, including their right to take possession of, control, and /or
determine the appropriate disposition of any and all cultural items discovered
during excavation on all but private lands.
• Acknowledge that the inherent claims or rights of the Native Village of Scammon
Bay are not diminished by the fact that the land is under ownership by another
Party-
CITY OF SCAMMON BAY, COOPERATIVE PROJECT AGREEMENT PAGE 5
PROJECT NO. AN 12-Z21 NOVEMBER 2012
• Ensure that, if a discovery is made on federal lands, Indian Allotment lands, or
lands not yet conveyed to the Village or Regional Corporation, employees,
contractors and subcontractors involved in construction operations shall comply
with the NAGPRA if appropriate.
Cow 1""t U&I
This Agreement will take effect upon signature by both parties and remain in effect until the
parties have performed all other responsibilities under this Agreement; provided that either
party may terminate this Agreement earlier in the event of the expiration or termination of
the Grant Agreement or the failure of AEA to provide timely reimbursements to ANTHC,
such termination to be effective upon notice to the other party and AEA.
ALASKA NATIVE TRIBAL HEALTH CONSORTIUM
Division of Environmental Health and Engineering
3900 Ambassador Drive, Suite 301
Anchorage, Alaska 99508
MEMORANDUM
DATE: November 15, 2012
FROM: ANTHC Environmental Staff
SUBJECT: Hydroelectric Power Feasibility Study — Scammon Bay, Alaska
Environmental Consideration, Project No. AN 12-Z21
TO: NEPA Determination
Federal funding for this project requires an environmental review in accordance with the
National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the
Endangered Species Act, the Clean Water Act, and other state and federal approvals. The Alaska
Native Tribal Health Consortium (ANTHC) has considered all potential environmental concerns
associated with the project. The Alaska Native Tribal Health Consortium (ANTHC) has
considered all potential environmental concerns associated with the project design.
FINDINGS
ANTHC uses the Indian Health Service (IHS) environmental review procedures for conducting
environmental analyses of all health and sanitation facilities projects, as outlined in the
Environmental Review Manual, issued in January 2007. Current IHS policy (Federal Register,
Vol. 58, No. 3, January 6, 1993, pp. 569-572) allows for categorical exclusion of projects that do
not have a significant impact on the environment. This project is for the completion of a
feasibility study only and does not include any construction activities, and would therefore
qualify for a categorical exclusion under IHS policy.
SCOPE OF REVIEW
This project will provide for a second engineering opinion of the merits and risks of the proposed
hydroelectric plant to serve the City of Scammon Bay, Alaska. Between 1981 and 2003, two
reconnaissance and two feasibility studies were completed on behalf of various agencies
including the Army Corps of Engineers, Alaska Power Authority, and AVEC. These studies
provided increasingly detailed analyses and all concluded that Scammon Bay has a viable source
of hydroelectric power generation capability. This project will collate all the work to -date,
identify and study the gaps in the existing information, and make one cohesive design
recommendation.
PROPOSED MITIGATION MEASURES
Site investigations, including geotechnical, will require the following approvals:
• A jurisdictional determination from the USAGE for any work in wetlands.
• A SHPO concurrence in compliance with Section 106 of the NHPA.
• Any site investigations that impact the river will require further consultations.
4117ii►Ti h1 WA
ANTHC has completed the environmental review for this project. This environmental review
finds that no further environmental investigation is necessary. ANTHC will revisit this
environmental consideration if the scope of work adds any construction activities.
It