HomeMy WebLinkAboutAPA City of Unalaska Contract 1981StECVvozrecerv
CONTRACTOR:
City of Unalaska
AGREEMENT
THIS CONTRACT,entered into this Je &day of (clohek
1981,is between the State of Alaska,ALASKA POWER AUTHORITY (hereafter
referred to as the "Authority"),and CITY OF UNALASKA (hereinafter
referred to as "City"),Post Office Box 89,Unalaska,Alaska 99685.
WHEREAS,FCCS for SB 26 appropriates $380,000 for a grant for
a waste heat project at Unalaska,and
WHEREAS,a report has been prepared by the City which describes
the feasibility and desirability of a waste heat capture system at the
Unalaska power plant,
NOW,THEREFORE,in consideration of the mutual covenants and
conditions hereinafter contained,the parties agree as follows:
1.The City agrees to plan,design,construct,own and operate
a waste heat capture system and to provide the Authority with an
evaluation report after the first year of operation.The report
shall show the cost savings,if any,of both the City and waste
heat consumers.
2.The Authority agrees to reimburse the City for the actual
cost of planning,design,and construction of the waste heat capture
project,and all administrative and legal expenses directly related
thereto.The Authority also agrees to reimburse the City for the
cost of preparing the evaluation report;provided,however,that
the maximum amount of this contract shall not exceed $380,000.Al}
costs exceeding the amount specified above and all costs incurred
prior to.Saher i ,1981 shall be borne by the City.
3.The Authority agrees to make payment in accordance with
the schedule of payments to be submitted by the City and approved by
the Authority and the City agrees to document expenses directly
related to the project described above by submitting quarterly
progress and expenditure reports to the Authority,which contain
full support of expenditures on the project consistent with Exhibit
1 to Appendix A of this agreement.
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4.It is understood that all facilities constructed with
funds provided by this contract shall be owned and operated by the
City.
5.It is the intent of the Authority to provide funds for a
project that will reduce heating costs for buildings located in
Unalaska.Accordingly,it is agreed that the City will account for
the funds received under this contract as contributions-in-aid-of-
construction and will therefore not include those funds in rate
base calculations.
6.Both parties agree to abide by the additional contract pro-
visions in Appendix "A"attached hereto and made a part hereof.
IN WITNESS WHEREOF,the parties hereto have set their hands
the day and year first hereinabove written.
CITY OF UNALASKA ALASKA POWER AUTHORITY
by:am CK bode :By:ce °.Md/ue 4titte:Gf,Weywearr:Title:
Ps WADate:/-.22°4/pate:22 Ont Bl
DEPARTMENT OF COMMERCE &ECONOMIC DEPARTMENT OF ADMINISTRATION
DEVELOPMENT
By:N/A By:WE
Title:Title:
Date:Date:
The period of performance under this contract begins
1981,
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and ends ,»1982.
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CONTRACTOR:
City of Unalaska
APPENDIX "A"
ADDITIONAL CONTRACT PROVISIONS
Article A-1.Inspection:
The Alaska Power Authority shall have the right to inspect,in such manner
and at all reasonable times as it deems appropriate,all activities of the
City arising in the course of its undertaking under this contract.
Article A-2.Authority Saved Harmless:
The City shall hold and save the Authority,its officers,agents and other
employees,harmless from liability of any nature or kind imposed by law
upon the Authority,including costs and expenses,for or on account of any
or all suits or damages of any character whatsoever resulting from injuries
or damages sustained by any person or persons or property by virtue of
performance of the City's services under this contract.
Article A-3.Equal Employment Opportunity:
(a)The City will not discriminate against any employee or applicant for
employment because of race,color,religion,national origin,ances-
try,age,or sex.The City will take affirmative action to ensure
that applicants are employed and that employees are treated during em-
ployment without regard to their race,color,religion,national
origin,ancestry,age or sex.Such action shall include,but not be
limited to,the following:employment,upgrading,demotion,or trans-
fer;recruitment or recruitment advertising;layoff or termination,
rates of pay or other forms of compensation;and selection for training,
including apprenticeship.The City agrees to post in conspicuous
places,available to employees and applicants for employment,notices
setting forth the provisions of this non-discrimination clause.
(b)The City shall state,in all solicitations or advertisements for
employees to work on Authority contract jobs,that all qualified
applicants will receive consideration for employment without regard to
race,color,religion,national origin,ancestry,age,or sex.
(c)The City will send to each labor union or representative of workers
with which the City has a collective bargaining agreement or other
contract or understanding a notice advising the said labor union or
workers'representative of the City commitments under this section,
and shall post copies of the notice in conspicuous places available to
all employees and applicants for employment.
(d)The City will include the provisions of Paragraphs (a)through (c)of
this Section in every contract,and will require the inclusion of
these provisions in every subcontract entered into by any of its
subcontractors so that such provisions will be binding upon each
subcontractor,as the case may be.For the purpose of including such
provisions in any construction,maintenance,or service contract or
subcontract as required hereby,the term "Contractor"and the term
"Subcontractor"may be changed to reflect appropriately the name or
designation of the parties of such contract or subcontract.>
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(e)The City agrees that it will fully cooperate with the office or agency
of the State of Alaska which seeks to deal with the problems of unlawfulorinvidiousdiscrimination,and with all other State effortsofguaranteedfairemploymentpracticesunderthiscontract,and will
comply promptly with all requests and directions from the State Com-
mission for Human Rights or any of its officers or agents relating to
preventions of discriminatory employment practice.
(f)Full cooperation as expressed in clause (e)foregoing shall include,
but not be limited to,being a witness in any proceeding involving
questions of unlawful or invidious discrimination if such is deemed
necessary by any official or agency of the State of Alaska,permitting
employees of the City to be witnesses or complainants in any proceedings
involving questions of unlawful or invidious discrimination,if such
is deemed necessary by any official or agency of the State of Alaska,
participating in meetings,submitting periodic reports on the equal
employment aspects of present and future employment,assisting in
inspection of the construction site,and promptly complying with all
State directives deemed essential by any office or agency of the State
of Alaska to ensure compliance with all Federal and State laws,
regulations and policies pertaining to the prevention of discrimi-
natory employment practices.
(g)Failure to perform any of the above agreements pertaining to equal
employment opportunties shall be deemed a material breach of the
contract.
The responsible officer overseeing compliance with such fair practice
and non-discriminatory provision shall be the Executive Director of
the Alaska Power Authority.Such responsible officer shall report to
the State Commission for Human Rights whenever discriminatory practices
are brought to his attention.
Article A-4.Independent Contractor:
capacity and not as officers or employees or agents of the Authority in the
The City,and any agents and employees of the City,shall act in an independe
performance of this contract.
Article A-5.Choice of Law:
This Agreement shall be governed by and construed in accordance with the
laws of the State of Alaska.
Article A-6.Entire Agreement:
This Agreement represents and incorporates the entire understanding of the
parties hereto,and each party acknowledges that there are no warranties,
representations,covenants,or understandings of any kind,matter descrip-
tion whatsoever,written by either party to the other except as expressly
set forth and hereinabove written.The Authority and the City hereby agree
that any purchase orders,invoices,confirmations,aknowledgements or other
similar documents executed or delivered with respect to the subject matter |hereof shall not be considered part of this agreement.This Agreement
shall not be subject to change or modification unless by the execution of
another instrument in writing subscribed to by a duly authorized officer of
each of the parties hereto.
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CONTRACTOR:
City of Unalaska
Exhibit ]
ALASKA POWER AUTHORITY
GRANT &LOAN PROVISIONS
Documentation:
a.The borrower or grant recipient will provide to the Alaska Power
Authority a copy of all professional service agreements,inclusive
of budget and plans,related to the project for which the funds
are provided.
b.The borrower or grant recipient will provide the Alaska Power
Authority with a copy of any construction contracts,inclusive of
budget and plans,related to the project for which the funds are
provided.
c.The borrower or grant recipient will provide the Alaska Power
Authority with a copy of any amendments to the original agreements/
contracts,as soon as any amendments are agreed on by the parties.
Financial Plans and Cash Flow:
The borrower or grant recipient will provide to the Alaska Power
Authority financial plans with monthly/quarterly cash flow require-
ments related to the project for which the funds are provided.
Records of Disbursements:
The borrower or grant recipient will submit to the Alaska Power Authority:
monthly/quarterly records of disbursements within 30 days from the end
of the month/quarter.
Separate Accounting:
For loans or grants equal to or greater than $100,000,the Alaska
Power.Authority requires separate accounting of the funds.
Records:
The borrower or grant recipient shall maintain on file and have
available to the Authority all technical and financial records per-
taining to the project for which the loan is made for a period of
three years following completion of the project.
Examination of Costs/Local Inspections:
The Alaska Power Authority shall have the right to examine books,
records,documents and other evidence,and the borrower or grant
recipient shall employ accounting procedures and practices sufficient
to reflect all costs incurred and applicable to the project for which
the funds are provided.
Such right of examination shall include inspection at all reasonable
times at the recipient's offices,plants,or such parts thereof,as
may be engaged in the completion of the project or administration of
the funds provided.
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7.Communications and Notices:
Any notice required to be given by either party hereto shall be re-
duced to writing and,unless receipt of such notice is expressly
required by the terms hereof,shall be deemed effectively served when
deposited in the mail in a sealed envelope with sufficient first class
postage affixed,and addressed to the party to whom such notice is
directed at such party's place of business,which in the case of the
Authority shall be:
Eric P.Yould,Executive Director
Alaska Power Authority
334 West 5th Avenue
Anchorage,Alaska 99501
and in the case of the recipient of funds shall be:
a,ry cf Cy nacask led
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