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HomeMy WebLinkAboutChistochina Wood Heating System Cheesh'na Tribal Council PN 402028 Grant No 2195380 PM 2014CHISTOCHINA WOOD HEATING SYSTEM =Cheesh'na Tribal Council PN:402028 Grant No:2195380 PM:Jim Vail CHISTOCHINA WOOD HEATING SYSTEM -Cheesh'na Tribal Council!- PN:402028 Grant No:2195380 PM:Jim Vail Cit STOCK INA Gp snl J,2 PePOGET Gan Ee PAY REQUESTS PkoGkess REFS -»' CORLESFOMDENCE.S #MiGs ConvsT CosT EST (=Faél Coors tBoke.AFP /Fase SACS Sy EerdsFAL S CEC NTP €PAY L6adeEsT qa «|Deas.Bes F:Ba eeeEoBEieeeeeeeeeeeeeeeeeei P2|le ts [o.4 MMBTU,Tey (2,400 MG FU [4,082 GAL xX (34 = US [Cons [ee \3l X 350 =£49 BOO 2 64 -AG a.2/te &on>)>20 "\e Dia.ce } 34,OmM BTW Gar j Kasaan BF Project Code 340276 Award Range * Date 1/1/01..06/30/16 FUND!CONTRACT!AWARD |CONTRACT TITLE |AR Code DESCRIPTION Gl Account |Budget Actual Encumbrance |Commitment |Remaining FEDERAL FUNDING Non-Grant | Total Federal Non-Grant Funding 0.00 0.00 0.00 0.00 0.00 Future Grant Expenses/Advances Total Federal Future Grants/Advances 0.00 0.00 0.00 0.00 0.00 Subrecipient Grants Total Federal Subrecipient Grants 0.00 0.00 0.00 0.00 0.00 TOTAL FEDERAL FUNDING 0.00 |0.00 0.00 0.00 0.00| "STATE FUNDINGi. "_|Non-Grant E2830;00000 NA 13130010 |S-AEA Bulk Fuel Upgrades AR 52229-17 71000..76999 |25,000.00 |13,140.30 0.00 0.00 |11,859.70 Total State Non-Grant Funding 25,000.00 |13,140.30 0.00 0.00 |11,859.70 Future Grant Expenses/Advances :E2830 00000 NA 13130010 |S-AEA Bulk Fuel Upgrades AR 52229-17 70005 40,000.00 0.00 0.00 0.00 |40,000.00 Total State Future Grants/Advances 40,000.00 0.00 0.00 0.00 |40,000.00 Subrecipient Grant E2830 00000 7210014 |NA 13130010 |S-AEA Bulk Fuel Upgrades AR 52229-17 77000..77899 |260,000.00 |96,605.50 32,621.50 0.00 |130,773.00 Total State Subrecipient Grant Funding 260,000.00 |96,605.50 32,621.50 0.00 |130,773.00 TOTAL STATE FUNDING 325,000.00 |109,745.80 32,621.50 0.00 |182,632.70| ||||||{|||!I }I ij 1 "Tt I i I COMMUNITY CONTRIBUTIONS &OTHER FUNDING SOURCES Future Grant Exp /Adv.| Total Community Future Contributions/Advances 0.00 0.00 0.00 0.00 0.00 |C.ity Contributi &Other Funding Sources Total Community Contributions &Other Funding Sources 0.60 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CONTRIBUTIONS l 0.00 |0.00 0.00 0.00 0.00 TOTAL PROJECT FUNDING 325,000.00 |109,745.80 32,621.50 0.00|182,632.70BalCk325,000.00 |109,745.80 32,621.50 0.00 |182,632.70 |Difference 0.00 0.00 0.00 0.00 0.00 Project Management ; 70000..76999 25,000.00 |13,140.30 0.00 0.00 |11,859.70AEASubrecipientGrant77000..77999 |260,000.00 |96,605.50 32,621.50 0.00 |130,773.00TotalAEAFunding285,000.00 |109,745.80 32,621.50 0.00 |142,632.70 I Community Contributions 0.00 0.00 0.00 0.00 0.00 |Total Project 285,000.00 |109,745.80 32,621.50 0.00 |142,632.70 H:\JetReports\AEA Reports\Project Reports\PJBdgtToActual by Funding Source-JET-REV061814.xIsx 340276 7120/2015 =Chistochina Central Wood H |Constr -BIOMASS "7z=Project Code 402028 _|Award Range . Date 1/1/01..06/30/13 FUND |CONTRACT |AWARD !CONTRACT TITLE |AR Code DESCRIPTION GL Account Budget Actual Encumbrance |Commitment |Remaining FEDERAL FUNDING Non-Grant Total Federal Non-Grant Funding 0.00 0.00 0.00 0.00 0.00 Future Grant Expenses/Advances Total Federal Future Grants/Advances 0.00 0.00 0.00 0.00 0.00 Subrecipient Grants Total Federal Subrecipient Grants 0.00 0.00 0.00 0.00 0.00 TOTAL FEDERAL FUNDING 0.00 0.00 0.00 0.00 0.00 1 '1 ' STATE FUNDING Non-Grant E2830 00000 NA 09130001 |S-ENERGY PJS-STATE GF-04684-13 71000..76999 §,272.69 |5,272.69 0.00 0.00 0.00 Total State Non-Grant Funding 5,272.69 |5,272.69 0.00 0.00 0.00 Future Grant Expenses/Advances Total State Future Grants/Advances 0.00 0.00 0.00 0.00 0.00 Subrecipient Grant E2110 00000 2195380 [NA 09140001 |S-AEA RENEWABLE ENERGY PJ-REF-04685-13 77000..77999 |500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 Total State Subrecipient Grant Funding 500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 TOTAL STATE FUNDING 505,272.69 |64,222.09 3,593.60 0.00 |437,457.00 I ||{||||T [|||I COMMUNITY CONTRIBUTIONS &OTHER FUNDING SOURCES Future Grant Expenses/Advances | | Total Community Future Contributions/Advances 0.00 0.00 0.00 0.00 0.00 Community Contributions &Other Funding Sources22100900002195380|NA 00000000 |NA |71000..77999 |12,000.00 0.00 0.00 0.00 |12,000.00 Total Community Contributions &Other Funding Sources 12,000.00 0.00 0.00 0.00 |12,000.00 TOTAL COMMUNITY CONTRIBUTIONS T 12,000.00 0.00 0.00 0.00 |12,000.00 TOTAL PROJECT FUNDING 517,272.69 |64,222.09 3,593.60 0.00 |449,457.00|Bal Ck 517,272.69 |64,222.09 3,593.60 (0.00)!449,457.00 Difference 0.00 0.00 0.00 0.00 0.00 Project Management 70000..76999 5,272.69 |5,272.69 0.00 0.00 0.00 AEA Subrecipient Grant 77000..77999 |500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 Total AEA Funding 505,272.69 |64,222.09 3,593.60 0.00 |437,457.00|Community Contributions 12,000.00 0.00 0.00 0.00 |12,000.00 Total Project 517,272.69 |64,222.09 3,593.60 0.00 |449,457.00 H:JetReports\AEA Reports\Project Reports\PJBdgtToActual by Funding Source-JET-REV020212.xlsx 402028 11/13/2012 S Chistochina Central Wood H |Constr -BIOMASS 7 z=Project Code 402028 Award Range * Date 1/1/01..06/30/13 FUND}CONTRACT |AWARD |CONTRACT TITLE |AR Code DESCRIPTION GL Account Budget Actual Encumbrance |Commitment |Remaining -FEDERAL FUNDING Non-Grant Total Federal Non-Grant Funding 0.00 0.00 0.00 0.00 0.00 Future Grant Expenses/Advances Total Federal Future Grants/Advances 0.00 0.00 0.00 0.00 0.00 Subrecipient Grants Total Federal Subrecipient Grants 0.00 0.00 0.00 0.00 0.00 TOTAL FEDERAL FUNDING 0.00 0.00 0.00 0.00 0.00 STATE FUNDING Non-Grant E2830 00000 NA 09130001 |S-ENERGY PJS-STATE GF-04684-13 71000..76999 §,272.69 |5,272.69 0.00 0.00 0.00 | Total State Non-Grant Funding 5,272.69 |5,272.69 0.00 0.00 0.00 Future Grant Expenses/Advances Total State Future Grants/Advances 0.00 0.00 0.00 0.00 0.00 Subrecipient Grant E2110 00000 2195380 [NA 09140001 |S-AEA RENEWABLE ENERGY PJ-REF-04685-13 77000..77999 |500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 Total State Subrecipient Grant Funding 500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 TOTAL STATE FUNDING 505,272.69 |64,222.09 3,593.60 0.00 |437,457.00 COMMUNITY CONTRIBUTIONS &OTHER FUNDING SOURCES Future Grant Expenses/Advances | | Total Community Future Contributions/Advances 0.00 0.00 0.00 0.00 0.00 Community Contributions &Other Funding Sources 22100 00000 2195380 [NA 00000000 {NA |71000..77999 |12,000.00 0.00 0.00 0.00 12,000.00 Total Community Contributions &Other Funding Sources 12,000.00 0.00 0.00 0.00 |12,000.00 TOTAL COMMUNITY CONTRIBUTIONS 12,000.00 0.00 0.00 0.00 |12,000.00 TOTAL PROJECT FUNDING 517,272.69 |64,222.09 3,593.60 0.00 |449,457.00 Bal Ck 617,272.69 |64,222.09 3,593.60 (0.00)|449,457.00 Difference 0.00 0.00 0.00 0.00 0.00 Project Management 70000..76999 5,272.69 5,272.69 0.00 0.00 0.00 AEA Subrecipient Grant 77000..77999 |500,000.00 |58,949.40 3,593.60 0.00 |437,457.00 Total AEA Funding 505,272.69 |64,222.09 3,593.60 0.00 |437,457.00 Community Contributions 12,000.00 0.00 0.00 0.00 42,000.00 Total Project 517,272.69 |64,222.09 3,593.60 0.00 |449,457.00 H:\JetReports\AEA Reports\Project Reports\PJBdgtToActual by Funding Source-JET-REV020212.xIsx 402028 11/13/2012 Alaska Energy Authority Grant Agreement [=ALASKA@sEENERGYAUTHORITYAmendment Grant Agreement Number |CFDA#Amount of Funds AEAuseonly 2195380 NA $500,000 Managed]Pass-thru iat Project Code(s)Proposal No.Period of Performance: 402028 PBO00340 From:August 20,2008 To:December 31,2014* Project Title Chistochina Central Wood Heating Construction GRANTEE GRANTOR Name ; Cheesh'na Tribal Council Alaska Energy Authority Street/PO Box Street/PO Box P.O.Box 241 813 W.Northern Lights Blvd. City/State/Zip City/State/Zip Chistochina,Alaska 99586 Anchorage,AK 99503 Contact Person Karin Linnell,Tribal Administrator Contact Person Jim Vail,Project Manager Phone Fax Email: 907-822-3503 |907-822-3503 |tribaladmin@cheesna.com Email: jvail@aidea.org Phone Fax 907-771-3064 |907-771-3044 AMENDMENT 4 Extend the Period of Performance to December 31,2014 *It is the Authority's intent that a request for extension of the appropriation,will be requested annually to coincide with the expected completion date of December 31,2014. Appendix A,Section 4,Insurance,replace with the following: 4,Insurance The Grantee is responsible for obtaining and maintaining any necessary insurance and endorsements as defined in Appendix B Standard Provisions. Continued on the next page. Executive DirectorGranteeAuthorityProjectManagerorDesignee Signature Date |Signature Date |Signature Date Karin Linnell,Jim Vail,Sara Fisher-Goad Tribal Administrator Project Manager AEA Executive Director Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment #4 Appendix C,Scope of Work,replace table detailing milestones,tasks,budget,schedule and deliverables with the oneprovided below: Start |End Milestones Reimbursable Tasks Budget |Date |Date Deliverables Boiler Module Boiler Module RFP,RFP,ManufacturersFeb|DecPurchasepurchaseagreement,2013 |2013 payment schedule & Module Completed 305,000 Progress reports Construction CM,Materials buyout,Site Aor |Jun Progress reports,Cert ofwork&install &Startup &301 3 |2014 Substantial Completion Testing 145,550 Final Closeout |Finalize Closeout Jul Dec Documents 2,500 |2014 |2014 AEA Managed_|Design Sep 95%Design Drawings 58,950"2012 Provided by AEA $512,000 Appendix D,Section 2,Contact Persons,replace with the following: 2.Contact Persons For the Grantee For The Authority Grant Manager,Cece [SamporsfKarertinnell,Tribal Administrator P.O.Box 241 Chistochina,Alaska,99586 sbecker@cheeshna.com 907-822-3503 Grant Manager Shawn Calfa,Grants Administrator 813 W.Northern Lights Blvd. Anchorage,Alaska 99503 scalfa@aidea.org 907-771-3031 Project Manager,Caci|sscah"Sante calKarin-Linnell,Tribal Administrator P.O.Box 241 Chistochina,Alaska,99586 sbecker@cheeshna.com 907-822-3503 Project Manager Jim Vail 813 W.Northern Lights Blvd. Anchorage,Alaska 99503 jvail@aidea.org 907-771-3064 Cenil Sayed Page 2 of 4 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment #4 Appendix D,Section 3,Monthly Progress and Financial Reports,replace with the following: 3.Monthly Progress and Financial Reports The Grantee will provide monthly progress and financial reports by email (or other method allowed by the Authority,if email is not available)to the Authority Project Manager.These reports are due starting the first full month after the execution of this Agreement.This report must update the Authority on the project's progress,regulatory and compliance issues,possible delays,and grant expenditures during the month.These Monthly Progress Reports,which are due within 30 days of the end of the previous month,must summarize,in one or two pages,the progress made on grant tasks during the month 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. 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. Attachment 1 financial Report/Request for Reimbursement Form,replace with the form provided below. All other terms and conditions remain unchanged. Page 3 of 4 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment #4 Attachment 1 Financial Report/Request for Reimbursement Form THIS REQUEST IS FOR FINAL PAYMENT [| Grantee:Cheesh''na Tribal Council Project:Chistochina Central Wood Heating Construction Period:to Grant Number:2195380 A B Cc D=B+C E=A-D BUDGET SUMMARY TOTAL GRANT PRIOR EXPENDITURES TOTAL GRANT BUDGET EXPENDITURES THIS PERIOD EXPENDITURES BALANCE BY TASK OR MILESTONE Boiler Module Purchase 305,000 Construction 145,550 Final Closeout 2,500 AEA Managed Costs 58,950 TOTAL $512,000 BY BUDGET CATEGORIES Direct Labor and Benefits $16,000 Travel 1,000 Equipment 305,000 Materials &Supplies 69,050 Contractual Services 30,000 Construction Management 32,000 Other (AEA Managed Costs)58,950 TOTAL $512,000 BY FUND SOURCES Grant Funds 500,000 Grantee Match -Cash 12,000 TOTAL $512,000 Please submit this form and the supporting documentation to aeapayables@aidea.org 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. |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 4 of 4 LHUETO Cre TMATHISCHASTOPASS-THRA J*\h$3TEAD CF AEA MANAGED Alaska Energy Authority Grant Agreement ALASKA©ENERGY AUTHORITY Chistochina,Alaska 99586 Amendment Grant Agreement Number |CFDA#Amount of Funds AEAuseonly 2195380 NA $500,000 Managed]Pass-thru =| Project Code(s)Proposal No.Period of Performance: 402028 PBO00340 From:August 20,2008 To:December 31,2013* Project Title Chistochina Central Wood Heating Construction GRANTEE GRANTOR Name . Cheesh'na Tribal Council Alaska Energy Authority Street/PO Box Street/PO Box P.O.Box 241 813 W.Northern Lights Blvd. City/State/Zip City/State/Zip Anchorage,AK 99503 Contact Person Steve-Beeker,Tribal Administrator Contact Person Jim Vail,Project Manager Phone Fax Email:Phone Fax Email: 907-687-6809 |907-344-6871 907-771-3064 |907-771-3044 |jvail@aidea.orgE22-3503 82275)79 AMENDMENT 3 (This Amendment will replace all previous amendments and grants) Extend Period of Performance to December 31,2013. GEL $505 Continued on next page. *It is the Authority's intent that a request for extension of the appropriation,will be requested annually to coincide with the expected completion date of December 31,2013. K.tphlaan Mover [Anan Asus f .:Executive DirectorGranteeAuthorityProjectManagerorDesignee Signature Date |Signature Date |Signature Date arry Sinyon,Jim Vail,Sara Fisher-Goad ,+resident Project Manager AEA Executive Director Chistochina Central Wood Heating Construction Grant Agreement #2195380 AGREEMENT The Alaska Energy Authority (hereinafter 'Authority')and Cheesh'na Tribal Council (hereinafter 'Grantee'),agree as set forth herein. Section I.The Authority shall grant funds to pay for expenses incurred by the Grantee under the terms and conditions of this Agreement,in an amount not to exceed $500,000,unless the grant amount is amended as provided herein. Section Il.The Grantee shall apply the grant funds to the Project and perform all of the work and other obligations required by this Agreement. Section Ill.Performance under this agreement begins August 20,2008 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 &Attachment 4:Waiver of Sovereign Immunity Reporting Requirements Appendix E:Project Budget & Reimbursement Provisions AMENDMENTS:Any amendments to this Agreement must be signed by authorized representatives of Grantee and the Authority and should be listed here. Page 2 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Table of Contents Grant No.2195380 APPENDIX A GENERAL PROVISIONS 5 1.DEFINITIONS .......scccccssscccesceeccecsecesecsneccssesueceesenasesssssssaeesesssssasssscessaeseseuscecavsnssceseauenecsseseseneseesenaseusseesessaeees 5 2.AUTHORITY SAVED HARMLESS ......ccseccsccesseseecssssessssessnnsecessneesenssensuseeseessceuesssnececssceeeecssscensususecenecseeseaaaeenaes 5 3.WORKERS'COMPENSATION INSURANCE .......ssssccsssccsssessecessseesnscecesaeeeessecsceesnaasenssceeeecseasesensceeceseueesssasssennenes 5 4,INSURANCE........csscssccssssccescsnecesseseseusssccscessuacessaseensseessuacesessceeesesesessnsuseessceeceseueesesesauececsusecsesnaensusaesevneeesseaeees 6 5.EQUAL EMPLOYMENT OPPORTUNITY (EEO)........:-cessccsccessesccsseceenenecsseceseessesseconsrosevenecenessserensesevsesoseseasones 6 6.PUBLIC PURPOSES........cccsssssssccccscesessnsneeceseecesesscesesenssseeececesssasececeeseessauenasaccsesscaonenesecsessnaeaegesassesaneeeesersesess 6 7.OFFICIALS NOT TO BENEFIT ........cssscssssssesssccsecescsessecsnesssscessceenseeasstansuenenasensuesenaueeseeesuatecsueuenaseeneusnnsnenseeeneees 6 8.GOVERNING LAW .....c.ccssssssessesseseevenccentestcesscesscesssoeessecseeeneecsecneaenseseenesentesssessesaesescesseeseaesensuseseessseasseaseness 6 9.COMPLIANCE WITH APPLICABLE LAW AND FUNDING SOURCE REQUIREMENTS ......:ssssccessssssseesscesneeenseesaners 7 10.SEVERABILITY ......cccsescccsssceceesceccessscscenscnneecesneeesasessanseesssseesssescenaceuassneseuegacseecenaneseracseeuavusesscsneeensnscesenaaeess 7 1.NON-WAIVER.....c:cccssscessessssecscsesscessnscessusessuecensceessensecenscsensesnseeesssesauecaeeessecsaneaenueecasagasseceuseenseeeesenenestenenees 7 12.INTEGRATION ......cscsssesessssessscsssceesscesecseeesssessenensecssersneseseeessaeecseessaueceuscesaessnnesessseccueeesnseceneecesesenecessuessaneeatens 7 13.GRANTEE NOT AGENT OF AUTHORITY ........csssessssssenssecessnessseessesssecesteensnensneeenensesstessaceesneessesscasesauecsscesaees 7 14,DISPUTES .....cscccssscssscssscessccessscsssesessnecesesessasceeeessatesnsecenecsesesensceassesaneesaceesaneessseeesacensueaeseeeeauersneeesesensneseesenses 7 15.TERMINATION......ccscssovsecsecesscscessncescessccccsessneeecesesessceusesnesesssnssesnsnscesenaeessaasenassaascssnsnsecssaneueseaseeserescssanaqensae 7 16.TERMINATION DUE TO LACK OF FUNDING .......:ssssseseseseessscessecesnsessecessnesssnsessescsaeensnsessnseenaesesneseneeesensenesenees 8 17.NO ASSIGNMENT OR DELEGATION ......sssccsssssesscecssensecssscesscessssesneesstecenecssnscsssecesaueesnessnetensnensnessenseenseronsesnaes 8 18.NO THIRD PARTY BENEFICIARIES.......ccsscccscccesssesstessecesscessessssesssesnsessavaceennesseaeeseneeseneecaeesensueccetesscecenseeeaesoes 9 19.NO ADDITIONAL WORK OR MATERIAL......ssccossccessestecssecsseccsnceeseestecnseseessesnacessacencaeeeeaesesseesnessceeeensseoneasons 9 20.CHANGES.......ccsssesssccsssceesecesseesseeessesessseeessaeenstevsceesaeasseessssensseessecanseasstensnesensseseeuausuecensseseueceeeecsseenssseneseaes 9 21.RIGHT TO WITHHOLD FUNDS........s:::cssscessssccsssesssssstsesetessstecsnecssucceesessessuaeausceceusesesseecesseecuscsseseeeesesasensnecesees 9 22.REMISSION OF UNEXPENDED FUNDS .......cssccessscssssseseesscessserensesencesseseesscessueceseeasnaeeesneesesecensecenesseaeeensensnecenees 9 23.TAX COMPLIANCE RESPONSIBILITIES OF GRANTEE ......cssssscssscesetsssesensseessecesssevssceesececeneeesecessnesesnsessasesasesenss 9 24.LOBBYING ACTIVITIES.....s:cssccsssscsssecsssssestscssecssstssseceseseseneeensessneeeneeeesscesauecensecssenessneessasecessessosseesenseesneeean 9 25.FINANCIAL MANAGEMENT AND ACCOUNTING .......::ccsscssssecesssssscseseeessecsseseseecseseesnaueceneeescesenseccenecstseeensensees 9 26.PROCUREMENT STANDARDS.......ccssscssssesessscesssessssssecscsesssecensesaucssseesstecsueeececeusessueneuecseseeeuscenseenesecsnaseenenenes 10 27.REPORTING REQUIREMENTS......ccccscsccsssssssssesssseesssesseecnseessueceeeesnscssaueenecsuseeeencesessceenscseneesenecsuaseeaceeseasenenenes 10 28.OWNERSHIP OF DOCUMENTS AND PRODUCTS.......cs:cssscssssecsstescesssesenseessceessesenssasesseesesesensuessaesesneseneeeenstenes 10 29.INSPECTIONS AND RETENTION OF RECORDS ......cscsssccsssessssecscessncesseeeesseessnsecnessnsseesnseesesesncessaceeuensneasenesenee 10 30.AUDITS .....sccssccssscsssscsssncessccsneeeessccsnsnscensesssseesssassessnscensseeseaeeensesaceseneeesnsenenacensseeceuecenasessseceeesssceenenessenenneess 10 31.LEGAL AUTHORITY ......ccscccsssecssscssssecsseeessnccseneessncnaeecsescsneecesesnseauaeeesueceeneeeseesenseeecatesssesecdeceseeessnersensseueeans 11 32.GRANT CLOSE OUT .......csscccssscsssecesnecesseesscecssnenssseseeecenecessscesssessseesseesseesenseesseesseaeeeseuesecesennsesneseecueceserseeeeaes 11 APPENDIX B STANDARD PROVISIONS 12 1.GRANT FUNDING SOURCES......c:cccsssssssscessscecsscesssceseecsrecsesensneceenecseseevssevsesecensensnaeensanarsasesanessuesecsersansesnenseses 12 2.GOVERNING LAWS........ccsccessccesscecsnecssseeesscccsseeensucssscssesssssceneeeseseauecsuecsnasessseaesauceeuaesnsnessnsessasessesesaeeeseeenaes 12 3.ELIGIBLE COSTS .......cssscsssscssssecssecsstecsncecesreessuccssseseeeesnessuneceaeacseeesaeessuenenseessuaacaneesneneesnecaanessneesensecuacesaeeons 12 4,INSURANCE REQUIREMENTS ........sssccssscessecccssesesesessesenseesssessneennecenssessueasauessneesesasccsneccnseeessecauceessecensesenesenens 12 5.SOVEREIGN IMMUNITY ......sccsssscsssccesesecsstesssscenscecssecnseeesucesstecnsesneucsassssueuenseessnsecsuecsnenecaeesseaseeeeseateceesenenens 13 APPENDIX BI STANDARD PROVISIONS FOR GENERAL DESIGN &CONSTRUCTION GRANT....14 NAMPWNSEDECLARATION OF PUBLIC BENEFIT ..............eccsessoesecesecereteecenecersenenesenesessceseresensccseeseeeeseesecsssuseusseeeuseneneeses 14 GRANTEE PROJECT MANAGER........:csccesssssesceececeecsseoecssecscnscanonenssesevssssccsceneeonsacousesscsaseasaseassessaunssessaosacs 14 APPROVAL TO PROCEED WITH NEXT PHASE .....cccccsesessescnsceseeesecsesssecseaveeeseseesssusaseceusceusssaseseseusaesnsessesenees 14 CONTRACTS FOR ENGINEERING SERVICES .........sssssesscessesscesesessessseseseesseseeesenseanossceessssseeessesssesssenseeneesentoes 14 SITE CONTROL .......cccescsecesecesenecesesecesesenseaeconenensesanenesavceseaseaesseneecasessessessesessassesssseseesssacesassnsneesusecsessassusneses 14 PERMITS ......cccssscscseessssersreessssecssossecsesssessesssenssesescesseeessseseseceseseacecosesesanesenssecasecessesesseeesnesaessusussssaseseeeaveneeese 15 EXCLUSION OF EXISTING ENVIRONMENTAL HAZARDS........c.csseceseseseseneresererenereeseuesesenseusssnsssssensensanensesneees 15 Page 3 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 8.ENVIRONMENTAL STANDARDS ...csssssssssssssssescsesssssessesesscsucsessesscesssscucanssesssencensaesscsucaeesssscaraneseceeeneaecneensencens 9,CURRENT PREVAILING RATES OF WAGE AND EMPLOYMENT PREFERENCE .....sccscssssessesessessesesarsassecnecseanenee 10.|CONSTRUCTION PLANS AND SPECIFICATIONS REVIEW .....scsssssessesssssssessessessesessesscsassesseseseenesecoeeseeseneesensenee 11.CONSTRUCTION INSURANCE AND BONDING ......cssesssssssessessesscsssscssesscsscsessesecsnssscucsessessesesarsassesarenssnenesseanenes 12.POST CONSTRUCTION CERTIFICATION .....csssssssesssssssscsesssssssessesscsscssencessscsecncaessesassucseeueseesnenesesareneseesesseenenes 13.OWNERSHIP OF FACILITIES .....c.cesssssesssssssessesessesucsecsssesecsessesscssesecusssesscsesucsussessesusseeaccussessusseseenesueseeneeseanenes 14.OPERATION AND MAINTENANCE OF FACILITIES .....sssssssssessessesecsessesecsscssssecusssssessssessueseseseeseseenearensenersenneees 15.|PERFORMANCE/OPERATION AND MAINTENANCE (O&M)REPORTING .....s.sssesssssesessessssesseseeseerecseneeneeseenenes 16.TARIFFS &RATES FOR USE OF GRANT-FUNDED ASSETS ...scssssssssssesscsesssensssssessesucsecsesussecseaeeseeaeenenseaveneenenes 17.GRANT-FUNDED ASSETS NOT INCLUDED WITH PCE ......scssssssssssessesssecsscuccessesaccussessecusaeeseeaesessesusneesesscasenss APPENDIX C GRANTEE PROPOSAL/SCOPE OF WORK APPENDIX D PROJECT MANAGEMENT &REPORTING REQUIREMENTS 1.PROJECT MANAGEMENT .........-cecssseseeceescecceserecesersssncccetensseeseteaseseseecesssesoesesesssessnesonesssoes 2.CONTACT PERSONG......:cccecescesseecessessseceesecceesassceessscsaeseeceesessaeeasuceseeeecnsesessesssesssessesseseeesens 3.MONTHLY PROGRESS AND FINANCIAL REPORTS ......cssscsssscsesessscesesencseeseteessessessecseceaneesens 4.DOCUMENTATION AND RECORD KEEPING ...........:sscesseseseeessereecssessesssessssssesssesssesesseeseseoons APPENDIX E PROJECT BUDGET &REIMBURSEMENT PROVISIONS COST SHARE MATCH REQUIREMENTS visssscccsesscscsssscccscessesssssesvscsessasesescssssssesesesesssessassesens VALUING IN-KIND SUPPORT AS MATCH vecscssccscsesssscssscsvssssasessscssssssssescscsssessessssscsssessusssners ADVANCE DISBURSEMENTS.......sssccsscsssssssesessossesscessascssesecsessesssesessnsesesessesaseeasanssaveessenenees UNEXPENDED GRANT FUNDS AND INTEREST EARNED .........eseceeceeeeeceeeesereecerereteneneteneeesoes HOSIDNAWN-2Z4Qneeanwntr<=isZz4n0.BUDGET ADJUSTMENTS AND CHANGES .......:c:ccocessesesecetscesescesseeneneeseteneseeseneceseseneseseneneseas ATTACHMENT 1 FINANCIAL REPORT/REQUEST FOR REIMBURSEMENT FORM ATTACHMENT 2 PROGRESS REPORT FORM ATTACHMENT 3 NOTICE OF PROJECT CLOSEOUT ATTACHMENT 4 WAIVER OF SOVEREIGN IMMUNITY (IF REQUIRED) Page 4 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 _20_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. f)"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 Chistochina Central Wood Heating Construction 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 5 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. 6.Public Purposes The Grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to public purposes 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. 8.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 6 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 December 6,2007,Application dated February 2,2008 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 108.915. 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. Cc)"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 7 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 16. qd)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. 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. 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. 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 8 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 non-compliance 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 9 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. Page 10 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. 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 11 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix B_Standard Provisions 1.Grant Funding Sources This Grant is subject to appropriation and availability of funds as listed below: State of Alaska $500,000 SLA 2008 Ch.29;Sec.13;Pg.87;Ln.20-22 Local Match -Cash 12,000 Cheesh'na Tribal Council Total Grant Funding $512,000* Grantee acknowledges that if additional grant funds are made available they are subject to the terms and conditions of this Agreement and any amendment. *Funds have been expended during the design.The remaining balance is roughly $449,000, inclusive of the $12,000,cash match. 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 December 6,2007;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 12 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 23.30.045,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. 5.Sovereign Immunity By execution of this grant agreement,the Grantee irrevocably waives any sovereign immunity which it may possess,and consents to suit against itself or its officials,under the laws of the State of Alaska,in the courts of the State of Alaska as to all causes of action by the Authority arising out of or in connection with this agreement.If the Grantee is an entity which possesses sovereign immunity,it shall provide the Authority with a resolution of the Grantee's governing body waiving sovereign immunity,and such resolution shall be incorporated into this agreement as an Attachment.(See Attachment 4) Page 13 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix B1 Standard Provisions for General Design &Construction Grant 1.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 Minimum Required Limits Under $100,000 $300,000 per Occurrence/Annual Aggregate $100,000-$499,999 $500,000 per Occurrence/Annual Aggregate $500,000-$999,999 $1,000,000 per Occurrence/Annual Aggregate $1,000,000 or over Refer to Risk Management 5.Site Control 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 14 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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:/Awww.wdol.gov/ The State wage rates at http://www.labor.state.ak.us/Iss/pamp600.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 15 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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: e 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; e Summary of total project cost including detailed funding sources and any outstanding debt; e Certification that there is a release of any contractor or subcontractor liens on the project; e Identification of any outstanding construction issues; e Demonstration that appropriate insurance is in place and, e 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. Page 16 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. 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 17 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Appendix C Grantee Proposal/Scope of work The amended project includes:wood fired boiler district hydronic heating system that will supply heat to a minimum of 3 buildings:Community Hall;Clinic/Office Bldg.;and tribal office.The 95% estimated construction cost using CM/GC contracting approach is $404,677.CTC plans to manage the construction.Alternative heat loops are included in the 95%Design Drawings.If funding allows,CTC plans to incorporate alternatives to extent funding will allow.CTC plans to work with AEA's PM for technical assistance when needed to insure successful completion of the project.CTC must complete closeout documentation prior to receiving final reimbursement. Milestones: Execute Amendment 3 12/2812 RFP Select Boiler/Module 2/15/13 RFP Select CM 2/15/13 Boiler Module Delivery to site 6/30/13 Construction 6/1/13 to 9/15/13 Substantial Completion 8/15/13 Startup &Testing 8/15/13 Complete Construction 9/15/13 Final Closeout 10/30/13 Page 18 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix D Project Management &Reporting Requirements 1.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 otherise 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 Steve Becker_CEP,Director,Transportation &|Shawn Calfa,Grants Administrator Natural Resources 813 W.Northern Lights Blvd. P.O.Box 241 Anchorage,Alaska 99503 Chistochina,Alaska,99586 scalfa@aidea.org sbecker@cheeshna.com 907-771-3031 907-687-6809 Project Manager Project Manager Steve Becker_CEP,Director,Transportation &|Jim Vail Natural Resources 813 W.Northern Lights Blvd. P.O.Box 241 Anchorage,Alaska 99503 Chistochina,Alaska,99586 jvail@aidea.org sbecker@cheeshna.com 907-771-3064 907-687-6809 3.Monthly Progress and Financial Reports The Grantee will provide monthly status reports by email (or other method allowed by the Authority,if email is not available)to the Authority Project Manager.These reports are due starting the first full month after the execution of this Agreement.This report must update the Authority on the project's progress,regulatory and compliance issues,possible delays,and grant expenditures during the month.These Monthly Progress Reports,which are due within 30 days of the end of the previous month,must summarize,in one or two pages,the progress made on grant tasks during the month 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 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |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.EquipmentIncludecosts 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 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. e Net insurance premiums paid for insurance required for the grant Project; e Costs of permits and licenses for the grant Project; e 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; e Office lease/rental payments; e Other direct costs for the Project directly relating to the activities and identified in the grant documents;and/or e 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: e salaries,wages,applicable employee benefits,and business-related expenses of the Grantee's employees performing functions not directly related to the grant Project; e office and other expenses not directly related to the grant Project;and e costs and expenses of administration,accounting,human resources,training,property and income taxes,entertainment,self-insurance,and warehousing. Page 22 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 3.Match The Grantee is required to provide $12,000 in match for this Project. 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: 5. 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. 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 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 6.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: e A ledger summarizing cost being billed e 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: e The Grantee fails to provide adequate back-up documentation. e The Authority determines that a specific expense is not allowed under the grant. e 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. 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. Page 24 of 30 'Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 how 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 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 1 Financial Report/Request for Reimbursement Form THIS REQUEST IS FOR FINAL PAYMENT [J Grantee:Cheesh'na Tribal Council Project:Chistochina Central Wood Heating Construction Period:to Grant Number:2195380 A B c D=B+C E=A-D BUDGET SUMMARY TOTAL GRANT PRIOR EXPENDITURES TOTAL GRANT BUDGET EXPENDITURES THIS PERIOD EXPENDITURES BALANCE BY TASK OR MILESTONE Administration $20,000 Construction Management 30,000 Wood Boiler Module 250,000 Construction 145,593 Closeout 7,457 AEA Managed Costs 58,950 TOTAL $512,000 BY BUDGET CATEGORIES Direct Labor and Benefits $30,000 Travel 4,000 Equipment 20,700 Materials &Supplies 78,593 Contractual Services 280,000 Construction Services 32,000 Other (AEA Managed Costs)58,950 TOTAL $512,000 BY FUND SOURCES Grant Funds 500,000 Grantee Match -Cash 12,000 TOTAL $512,000 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. |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 26 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment3 Notice of Project Closeout NOTICE OF PROJECT CLOSEOUT ALASKA ENERGY AUTHORITY Project Name:Chistochina Central Wood Heating Construction Grantee:Cheesh'na Tribal Council Grant Number:2195380 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:2195380. Project Manager Date Alaska Energy Authority Cheesh'na Tribal Council certifies that the Grant named above is complete in accordance with the terms and conditions of Alaska Energy Authority Agreement Number:2195380. Cheesh'na Tribal Council also certifies that,we have been reimbursed for all eligible expenses pertaining to 2195380,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 Title Printed Name Date Page 28 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 4 Waiver of Sovereign Immunity (if Required) WAIVER OF SOVEREIGN IMMUNITY RESOLUTION NUMBER A RESOLUTION OF THE Cheesh'na Tribal Council accepting State of Alaska,Alaska Energy Authority Grant number 2195380 for the Chistochina Central Wood Heating Construction and waiving sovereign immunity from suit for actions arising out of,or in connection with,the Grant. WHEREAS,the Authority requires as a condition of the Grant that the Cheesh'na Tribal Council irrevocably waive any sovereign immunity which it may possess,and consent to suit against itself or its officials as to all causes of action arising out of or in connection with the Grant Agreement; NOW THEREFORE BE IT RESOLVED THAT: 1.Cheesh'na Tribal Council (CTC)hereby consents to suit by the State of Alaska against (CTC)and its officials in state court,federal court or in administrative proceedings with respect to any disputes,claims or causes of action (including without limitation enforcement or injunctive relief)arising out of or in connection with Grant Agreement 2195380;the contractual duties assumed by (CTC)under that agreement, and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction. 2.(CTC)hereby consents to levy,execution,or garnishment against (CTC)'s real and personal property,however held and wherever located,for any judgment or order entered in any lawsuit or administrative proceeding related to or arising out of Grant Agreement 2195380;the contractual duties assumed by (CTC)under that agreement, and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,including,but not limited to,awards of attorney's fees and costs entered by any court. 3.(CTC)consents to the assertion by the State of any defenses,cross-claims,or counterclaims in any civil action that is filed by (CTC)against the state. 4.With respect to a claim or action by a force account employee or other employee of (CTC)arising out of or in connection with Grant Agreement 2195380,the contractual duties assumed by (CTC)under that agreement,and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,(CTC) waives sovereign immunity to the extent of,and to the extent necessary to secure, insurance coverage including workers compensation insurance. Page 29 of 30 Chistochina Central Wood Heating Construction Grant Agreement #2195380 5.This waiver shall in no case be deemed a waiver or consent to suit,tax,or any other charge against (CTC)by any party other than the State of Alaska,except as specifically provided in (4)above. 6.Larry Sinyon,President is hereby authorized to negotiate,administer and execute on behalf of Cheesh'na Tribal Council Grant number 2195380 for the Chistochina Central Wood Heating Construction and to negotiate,execute,and administer any other documents,agreements,and contracts required under or related to the Grant Agreement including subsequent amendments. PASSED AND APPROVED BY Cheesh'na Tribal Council On 20. IN WITNESS THERETO BY:SIGNATURE OF PRESIDENT Signature Title Attest:SIGNATURE OF CLERK/SECRETARY Signature Title Page 30 of 30 Alaska Energy Authority Grant Agreement ALASKA ENERGY AUTHORITYAmendment Grant Agreement Number |CFDA#Amount of Funds 2195380 NA $500,000 Project Code(s)PBO No./Proposal No.Period of Performance: 402028 PBO00340 From:August 20,2008 To:December 31,2012 Project Title Chistochina Central Wood Heating Construction GRANTEE GRANTOR Name Cheesh'na Tribal Council Alaska Energy Authority Street/PO Box P.O.Box 241 Street/PO Box 813 W.Northern Lights Blvd. City/State/Zip Chistochina,Alaska 99586 City/State/Zip Anchorage,AK 99503 Contact Person Wilson Justin,Tribal Administrator Contact Person Jim Vail,Project Manager Phone Fax Email:Phone Fax Email: 907-822-3503 |907-822-5179 |wjustin@cheeshna.com 907-771-3064 |907-771-3044 |jvail@aidea.org AMENDMENT 2 =xtend Period of Performance Change AEA Project Manager to Jim Vail. Appendix A #1,replace with the following: 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. Continued on next page Executive DirectorGrantee"Authority Project Manager or Designee Signature Date |Signature Date |Signature Date larry Sinyon,Jim Vail,Sara Fisher-Goad, resident Project Manager AEA Executive Director Chistochina Central Wood Heating Construction Grant Agreement #2195380 d)"Economic Life”means 20 years from the date of the final disbursement. "Executive Director”means the Executive Director of the Authority or the Executive Director's authorized representative. e)"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. f)"Project”means Chistochina Central Wood Heating Construction as defined in Appendix C (Scope of Grant)for which funds have been made available. g)"State”means the State of Alaska. Appendix A #4,replace with the following: 4.Insurance The Grantee is responsible for obtaining and maintaining any necessary insurance and endorsements as defined in Appendix B Standard Provisions. Appendix A #12,replace with the following: 12.Integration This instrument and all appendices,amendments,attachments,Request for Applications dated December 6,2007,Application dated February 12,2008 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. Appendix A #15c,replace with the following: 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. Appendix A #15f,add the following: 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 Page 2 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. Appendix A #21,remove from grant. Appendix A #22,remove from grant. Appendix A #25,remove from grant. Appendix A #26,remove from grant. Appendix A #27,remove from grant. Appendix A #28 becomes A #23,replace with the following: 23.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. Appendix A #29,becomes A #24. Appendix A #30,becomes A #25. Appendix A #31,becomes A #26. Appendix A #32,becomes A #27. Appendix B #3,replace with the following: 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 February 12,2008;which is incorporated by reference into this grant agreement. Page 3 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix B #4,replace with the following: 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-VIl 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. 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 23.30.045,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. Appendix B1 #2,remove from grant. Appendix B1 #3,remove from qrant. Page 4 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix B1 #4,becomes B1 #2. Appendix B1 #5,becomes B1 #3. Appendix B1 #6,becomes B1 #4,replace with the following: 4.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. Appendix B1 #7,becomes B11 #5. Appendix B1 #8,becomes B11 #6. Appendix B1 #9,remove from grant. Appendix B1 #10,remove from grant. Appendix B1 #11,remove from qrant. Appendix B1 #12,remove from grant. Appendix B1 #13,becomes B11 #9. Appendix B1 #14,becomes B1 #10. Appendix B1 #15,becomes B1 #11. Appendix B1 #16 becomes B1 #12 ,replace with the following: 12.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. Page 5 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. Appendix B1 #17,becomes B1 #13. Appendix B2 #1,add the following as the last paragraph: The Authority may engage an accounting firm to provide payroll services for the Project.If so engaged, the accounting firm may process payroll and per diem checks,make the required payroll tax payments, perform all required payroll tax and other reporting,and compute worker's compensation amounts payable by project as defined in their contract,and perform any other payroll services that may be required for the Project.In addition,the Authority will provide the Workers'Compensation insurance for the workers hired to complete this project. Appendix D,remove reporting requirements from title. Appendix D #2,replace with the followina: 2.Contact Persons For the Grantee For The Authority Grant Manager Grant Manager Wilson Justin,Tribal Administrator Shawn Calfa,Grants Administrator P.O.Box 241 813 W.Northern Lights Blvd. Chistochina,Alaska 99586 Anchorage,Alaska 99503 wjustin@cheeshna.com scalfa@aidea.org 907-822-3503 907-771-3031 Project Manager Project Manager Wilson Justin,Tribal Administrator Jim Vail P.O.Box 241 813 W.Northern Lights Blvd. Chistochina,Alaska 99586 Anchorage,Alaska 99503 wjustin@cheeshna.com jvail@aidea.org 907-822-3503 907-771-3064 Appendix D #3,remove from arant. Page 6 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Appendix D #4 becomes D #3,replace with the following: 3.Documentation and Record Keeping The Grantee shall maintain the following in their files: e Grant application, e Grant agreement and any amendments, e All written correspondence or copies of emails relating to the Grant, e Reports,including any consultant work products, 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. Appendix E #1c,replace with the following: 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. Appendix E #4,remove from grant. Appendix E #5,remove from grant. Appendix E #6,remove from grant. Appendix E #7,remove from grant. Appendix E #8,remove from arant. Appendix E #9,remove from qrant. Appendix E #10,remove from grant. Appendix E #11,remove from grant. Attachment #1 Financial Report/Request for Reimbursement Form remove from grant. Attachment #3 Notice of Project Closeout becomes Attachment #1,replace with form provided below. All other terms and conditions remain unchanged. Page 7 of 8 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 1 Notice of Project Closeout NOTICE OF PROJECT CLOSEOUT ALASKA ENERGY AUTHORITY ProjectName:=Chistochina Central Wood Heating Construction Grantee:Cheesh'na Tribal Council Grant Number:2195380 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:2195380. Project Manager Date Alaska Energy Authority Cheesh'na Tribal Council certifies that the Grant named above is complete in accordance with the terms and conditions of Alaska Energy Authority Agreement Number:2195380. Cheesh'na Tribal Council also certifies that,we have been reimbursed for all eligible expenses pertaining to 2195380,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 #11 'Performance/Operation and Maintenance (O&M)Reporting',the grantee is required to provide detailed reports annually,for five years. Authorized Signature Title Printed Name Date Page 8 of 8 March 19,2012 Justin Wilson,Tribal Administrator Cheesh'na Tribal Council P.O.Box 241 Chistochina,Alaska 99586 Subject:Grant Agreement Number 2195380 Chistochina Central Wood Heating Construction Amendment 2 Dear Mr.Smith: Enclosed is a second set of the originals of the above subject Grant Amendment. |sent originals in February,which |have not received back.Please sign both originals where indicated,and return them to the Alaska Energy Authority. Once this Amendment has been fully executed,one original will be returned to you for your file. If you have any questions,please do not hesitate to contact Jim Vail,Project Manager at 771-3064. Sincerely, ALASKA ENERGY AUTHORITY Karin St.Clair Grants Assistant Enclosures CAUSERS\HTRAYLOR\APPDATA\LOCALITEMP\HTRAYLOR_MD018504.DOC Chistochina Central Wood Heating Construction Grant Agreement #2195380 2by>3fs)3tomalPp=2=<D" [e)ohI.°°.asrs)22Qa=3co=.aeWAIVER OF SOVEREIGN IMMUNITY RESOLUTION NUMBER__OG -/4 A RESOLUTION OF THE Cheesh'na Tribal Council accepting State of Alaska,Alaska Energy Authority Grant number 2195380 for the Chistochina Central Wood Heating Construction and waiving sovereign immunity from suit for actions arising out of,or in connection with,the Grant. WHEREAS,the Authority requires as a condition of the Grant that the Cheesh'na Tribal Council irrevocably waive any sovereign immunity which it may possess,and consent tosuitagainstitselforitsofficialsastoallcausesofactionarisingoutoforinconnection with the Grant Agreement;, NOW THEREFORE BE IT RESOLVED THAT: 1.Cheesh'na Tribal Council (CTC)hereby consents to suit by the State of Alaska and/or by the Denali Commission against CTC and its officials in state court,federal court or in administrative proceedings with respect to any disputes,claims or causes of action (including without limitation enforcement or injunctive relief}arising out of or in connection with Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement,and any other agreement pertaining to the grant-funded project; orthe operation of the facility following construction. 2,CTC hereby consents to levy,execution,or garnishment against CTC's real and personal property,however held and wherever located,for any judgment or order entered in any lawsuit or administrative proceeding related to or arising out of Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement, and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,including,but not limited to,awards of attorneys fees and costs entered by any court. 3.CTC consents to the assertion by the State of any defenses,cross-claims,or counterclaims in any civil action that is filed by CTC against the state. 4,With respect to a claim or action by a force account employee or other employee of CTC arising out of or in connection with Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement,and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,CTC waives sovereign immunity to the extent of,and to the extent necessary to secure, insurance coverage including workers compensation insurance. Page 28 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 5.This waiver shall in no case be deemed a waiver or consent to suit,tax,or any other charge against CTC by any party other than the State of Alaska,except as specifically provided in (4)above. 6.Elaine Sinyon,Tribal Administrator,is hereby authorized to negotiate,administer and execute on behalf of Cheesh'na Tribal Council Grant number 2195380 for the Chistochina Central Wood Heating Construction and to negotiate,execute,and administer any other documents,agreements,and contracts required under or related to the Grant Agreement including subsequent amendments. PASSED AND APPROVED BY Cheesh'na Tribal Council On August ZH2004. IN WITNESS THERETO *Som OF PRESIDENTvorestitlePresiderAttest:SIGNATURE©OF CLERKISECRETARYTitleSeeote ay [Treasurerm Signature -,Lon 2 Signatur Page 29 of 29 ESE EL)LILA JUN4 FU aAlaskaEnergyAuthorityAIDEA Grant Agreement AEA =>ALASKA@@S™ENERGY AUTHORITYAmendment Grant Agreement Number Amount of Funds 2195380 $500,000 Project Code(s)Encumbrance Number/AR |Period of Performance: 402028 PBO00340 From:August 20,2008 To:December 31,2011 Project Title Chistochina Central Wood Heating Constructiona=Grantee Name . Cheesh'na Tribal Council Alaska Energy Authority Street/PO Box Street/PO Box P.O.Box 241 813 W.Northern Lights Bivd City/State/Zip City/State/Zip Chistochina,Alaska 99586 Anchorage,AK 99503 Contact Person Contact Person Jason Hoke,Tribal Administrator Ron Brown,Project Manager Phone Fax E-mail:Phone Fax E-mail: 907-822-3503 |907-822-5179 |esinyon@cheeshna.com |907-771-3064 |907-771-3044 |rbrown@aidea.orgAMENDMENT1: Extend Period of Performance to December 31,2011. Appendix A #1,add the following definition: h)"Economic Life”means 20 years from the date of the final disbursement. Appendix A #14,replace with the following: 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 108.915. Appendix A #30,replace with the following: 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. CONTINUED ON NEXT PAGE Signature Date Signature2phoFinatd Aron.lil LZL¥-_€16-15PrintedNameandTitlePrintedNameandTitlePrintédNameandTitle lasoe-Hake,Tribal Administrator |Ron Brown,Project Manager _|Steve Haagenson,AEA Executive DirectorlanaCharleyAhn Executive Director SESE Ss or Designee = Signature Date Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment 1 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 thesameresponsibilitiesforthefederalorstateprogramastheywouldhaveforanauditofamajor program in a single audit.The expenditure threshold is $500,000 in the commercial entity's fiscal year. Appendix A #32,replace with the following: 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. Appendix B #3,add the following paragraph: The eligible costs will be determined in accordance with Request for Applications dated September 3,2008 that are incorporated by reference in this grant agreement. Appendix B1 #9,replace with the following: 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:/Awww.wdol.gov/ The State wage rates at http:/Avww.labor.state.ak.us/Iss/pamp600.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 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment 1 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. Appendix B1 #11,replace with the following: 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. Appendix B1 #14,replace the term "useful life”with "economic life”: Appendix E #6,replace with the following: 6.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) The back-up documentation must demonstrate the total costs incurred are allowable,and reflect the amount being billed.Documentation must include: e A-summary of direct labor costs supported by timesheets or other valid time record to document proof of payment e Travel and per diem reimbursement documentation e Contractor or vendor pay requests e Invoices 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). AppendixE #10,replace with the following: 10.Budget Adjustments and Changes When a Grantee faces increased unbudgeted costs,the grantee should contact the Authority's 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's Project Manager that the project can't be completed as currently planned and budgeted for,the Project Manager will not approve the release of additional grant funds until the grantee provides sufficient information on how the grantee intends to complete the revised project. Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment 1 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 otherdistributionpercentagesmustberevisedatleastquarterly,if necessary,to reflect changed circumstances. Attachment 1,replace with the attached form. Attachment 2,removed from grant. All other terms and conditions remain unchanged. Chistochina Central Wood Heating Construction Grant Agreement #2195380 Amendment 1 Attachment 1 Financial Report/Request for Reimbursement Form Grantee:Cheesh'na Tribal Council Project:Chistochina Central Wood Heating Construction Period:to Grant Number:2195380 A B Cc D=B+C E©A-D BUDGET SUMMARY TOTAL GRANT PRIOR EXPENDITURES TOTAL GRANT BUDGET EXPENDITURES THIS PERIOD EXPENDITURES |BALANCE |BY.TASK-OR MILESTON! Engineering to 35% Engineering to 100% Heating Unit,Enclosure,Silo Piping Valve vaults,heat transfer Construction Management Community Contribution $ $512,000 se Travel Equipment Materials &Supplies Contractual Services Construction Services Other TOTAL "BY:FUND SOURCE Grant Funds Grantee Match -Cash Grantee Match -in-Kind $ Other Contributions TOTAL $512,000 CERTIFICATION Form requires two original signatures.The person certifying must be different from the person preparing the report.OnesignatureshouldbetheauthorizedrepresentativeoftheGranteeorganizationorhighestrankingofficer;the other should bethepersonwhopreparedthereport. |certify to the best of my knowledge and belief that the information reported on both the Financial Report above andtheattachedProgressReportarecorrect.In addition,funds were spent and work performed in accordance with thegrantagreementtermsandconditions. Certified By:Prepared By: Title:Date:Title:Date: illad [nee EVVET OASSTECHINA UjAlaskaEnergynyYUN0cuusio ALASKAGrantAgreementMEAemENERGYAUTHORITY Grant Agreement Number Amount of Funds: 2195380 $500,000 Project Code(s)Encumbrance Number/AR Period of Performance: 402028 PBOO00340 From:August 20,2008 To:December31,2010 Project Title:Chistochina Central Wood resin'Construction_j_-Ln BEES ©Grantee'ee ee ee ©<Grantor.:Name Cheesh'na Tribal Council AlaskaEnergy Authority Street/PO Box P.O.Box 241 Street/PO Box 813 W.Northern Lights Bivd City/State/Zip Chistochina,Alaska 99586 City/State/Zip Anchorage,AK 99503 Contact Person Elaine Sinyon,Tribal Administrator Contact Person Ron Brown,Project Manager Phone Fax 907-822-3503 907-822-5179 Phone 907-771-3064 Fax 907-771-3044 AGREEMENT '"SSe2==My ore ZL 'nnel/, The Alaska Energy Authority (hereinafter 'Authority')and Cheesh'na Tribal Council (hereinafter 'Grantee') agree as set forth herein. Section I.The Authority shall grant funds to pay for expenses incurred by the Grantee under the terms and conditions of this Agreement,in an amount not to exceed $500,000,unless the grant amount is amended as provided herein. Section Il.The Grantee shall apply the grant funds to the Project and perform all of the work and other obligations required by this Agreement. Section Ill.Performance under this agreement begins August 20,2008 and shall be completed no later than December 31,2010. 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 Project Closeout Appendix D:Project Management &Attachment 4:Waiver of Sovereign Immunity Reporting Requirements Appendix E:Project Budget & Reimbursement Provisions AMENDMENTS:Any amendments to this Agreement must be signed by authorized representatives of Grantee and the Authority and should be listed here. -Executive Director oor3 ogDesignee SignaateAlfourPrintedNameandTitleSPrintedNameandTitleSteve Haagenson, Elaine Sinyon,Tribal Administrator Ron Brown,Project Manager AEA Executive Director Date r Date Date(-|"04 ofufe9 CSU /25 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Table of Contents Grant No.2195380 AGREEMENT cosscssscscsscsscsucsvesecsessessesucsvccscsessveresssssusenceuessussussusssussvcsassssaneessassuceecsscansnsesesasssecsessusaneeecsaeesueeneesnessees 1 APPENDIX A GENERAL PROVISIONS 4 1.DEFINITIONS ....ccscccescececcececececcscssesesvesevesuecuesuecesvessvsnssscsnesussussssnssssvesssusaesccsssnesesscneascsnssecsecnecacenecaceneesesnennes 4 2.AUTHORITY SAVED HARMLESS.....csccsscessscseseccsesassecsecsvssesussussesscsussessssssesssasenssessesucsussecnecsceussussassusevesueeees 4 3.WORKERS'COMPENSATION INSURANCE ..cscscssssssesssssssstssscsssssssessesssssessnnccssssecaceussacsuceasssnecuesseeanecseensesaes 4 4,INSURANCEun ccccccssccecsescsesccscseceesessecsecsescsneceesessusuesasenusussucsussussuenesesnsacsusssscssusnseusussecessnesseseesesnessecsesseeseensenes 5 5.EQUAL EMPLOYMENT OPPORTUNITY (EEO).occcccccscsssscssssssssscsssassscsssscseseceesesacseseseeaeseccescansceaseassneeteeevens 5 6.PUBLIC PURPOSES ......cccccccscccsccessececsessrscecuecsesesucsusncsscsusssssusevsessusussceusessusssesasesucsecscansssssucsecuesuceaccuceueeeeeers 5 7.OFFICIALS NOT TO BENEFIT ...ccccccsessccsssosscscssesusssessessessucssessuesssscsesssancassaesecsucsessessucsacancesccassascenecsessueeeees 5 8.GOVERNING LAWuu.cccsccccsccsssssccuecossscnscsucsvesssesvessessvasessucaussucssvssesssssssessssessneasesceuesaccasesessucsucsuseassnsceneeneeeeees 5 9,COMPLIANCE WITH APPLICABLE LAW AND FUNDING SOURCE REQUIREMENTS......cssssssssssessseeteeee 510.-SEVERABILITY .oc.cesccccsccsssescscecsccscsecssececssccnsssscsusnsesnscssssucsussusssssusssssaucssessssesscsussessessaseacasecaeesecenceseseneaseeseees 6 TL}.NON-WAIVER wo.cccccccccescsscecescsccsccsececevesssccssecuvsncssscsssssussussussussscsscsussssssuesscavesuescescaecauesssensesecauensesseesecseeeneaes 6 12.INTEGRATION....ececcccccsssscsccsececsescsvsscssssessessecsesecsecavessaseanesessussvsssessssscecanssessesuasessetsaussesssasesseansaseeseensenseases 6 13.GRANTEE NOT AGENT OF AUTHORITY .....cccccsccsstsscsscsssesscssssesscsssussssscecssssusussssussussvsaesseareasesessecassaseneenses 6 14,DISPUTES ....cescccccsscccessscccsessececsecsessessssnsssessvececcusesecancssesuvsovssussusstssssssssssscssessssessessucsueanssessacsueenessecssneeseeueene 6 15.TERMINATION.ccssessscscsecccssosessecscseccsesesssscsusaussuessussussucssssssssusscssesesceaseaesessecsecsssassascaseaseaseesceneqaeseneeaecsees 6 16.|TERMINATION DUE TO LACK OF FUNDING ..cccccccsssesccsescssessestscssesscecsusscsssecsvessscesessesesueseesesessacessensensenees 7 17.NO ASSIGNMENT OR DELEGATION.....sccscssssscssevsssessssssssssssessessssussesssssssussessessssusssesssesssscanecsuecnscaeenseseeensens 7 18.|NO THIRD PARTY BENEFICIARIES ...sscsesccsssesssssscsscsscssesscssrsssssscssesessssussesessecsnsasenscsnsanesecsecenecaesavennecaeseeeess 7 19.NO ADDITIONAL WORK OR MATERIAL...ecsccsssssssecscssccsosessesesscsessesesssscsessvssssccusesssessessencesesusanesseseeneaneensens 7 20.CHANGES wos ecccccceccscscssccececceceescccesscnecuccecsecuecuececseesucsvsarsassucsessecassususavsessceseseussesesessscsessesuesessessecassecenccueneenes 7 21.RIGHT TO WITHHOLD FUNDS.......ccssesssssccssccscosssssessessesstssscsussossussvesssusnsssessesecsncassansanesaccuceseessseseearenseceeeues 7 22.REMISSION OF UNEXPENDED FUNDS...c.ccccssssssssssssssccesscssssusscsessescsuesessssnscsscssssusseesssucsenassucaucaveneentensessess 8 23.TAX COMPLIANCE RESPONSIBILITIES OF GRANTEE ...c.ssessscsssssssssssscssssecsesescsecscsscssssecscsvesessesansaneateneees 8 4,LOBBYING ACTIVITIES.....ccscccsscssssececcecsvcsusssscsvsssssnccsssssssesssssassussuesssussusasssesnsscsesasareasseseaecauesseeacessseneesrerse 8 25.FINANCIAL MANAGEMENT AND ACCOUNTING...ccccssssssssccssesscsessesessssesssscssssecscsssssesessssvcsecseesscsesaeeseeuss 8 26.PROCUREMENT STANDARDS ......cscccsssssseceecsesorssecsuccssssesneesessussusecsussssssuecussussussecscsseessesvesessseasecasesseeneesseens 8 27.REPORTING REQUIREMENTS....ccscscsscssssscsesscescssecsvecsessessessessussessesensessnssssscsusscssesssssessesscseessesscsscesecsneensenees 828.|OWNERSHIP OF DOCUMENTS AND PRODUCTS....c..ccsssssssesscsesssscssesesesssseseseussssesscsssesseneessessssteaseneeneeasenss 8 29.INSPECTIONS AND RETENTION OF RECORDS .o..cescssecssssssssssesscsecetesessesusssssessessessessesseessensssscnseesecsncensesees 9 30.AUDITS ..cceeccceccssscccssssccessecssecscsecsuscessenesussucsreaneuesessueaucsssucsussecsusucsveassssucsvsssessussesucscssessenssnssessessecseenssastecseeeas 9 31.LEGAL AUTHORITY viccecicceccccssescscsessesscssecsesssessssssssssussscsscsssssessssessvesessesassussessesseeassussacsasesesavesecsuecnesaneeseeses 9 32,GRANT CLOSE OUT...ceeccccssecceccssvssssseseveseseccsecucssscssssucssesnecstssusnusscsuessssesssanssssseesessesscsscessssecsussecsscesssenesasenes 9 APPENDIX B STANDARD PROVISIONS 10 1.PROJECT FUNDING SOURCES o..cccscscccsesssssccsececssessssscesscsessscssesessssesssesssessesscsusssesessesscecesnesssssesecauesseesees 10 2.GOVERNING LAWS ..vcccsccccccsscscsccecsuececacsucsvecscsscussavesecersecsnssesucsesscessucuesesscavsesavsusansevsscansasssessaesaesecsseeseenees 10 3.ELIGIBLE COSTS wocscccclesssssscssessesscsecssessessvessesscsessassousssssussussusesssacecsssevssusavssesusacesessssussessesercesesseesessseeseeaess 10 4,INSURANCE REQUIREMENTS......ccccsccscssccscccesevecovssecsecsucsessessevsnssessvsvesansencensensusesassessnsesssessvsssesseeseesseeness 10 5.SOVEREIGN IMMUNITY ...cccccccsssccssesscsecsssessessesssssssasesucssessessesssssesssssssesucsesessossessucsessnesessscesseneesessnessecasesess I APPENDIX BI!STANDARD PROVISIONS FOR GENERAL DESIGN &CONSTRUCTION GRANT....11 1.DECLARATION OF PUBLIC BENEFIT ...cscscccscsscsssscssssvecucsssssesssscesvsnsersussssssssussessesscssnssesseeseesscssessesaseaeeanees i 2.GRANTEE PROJECT MANAGER..vcccccscscssccucssscecsecersscsscsvsnesacsesscsssscecsessesusecacsscsesssssescescssersussessessscsseseessess 1 3.APPROVAL TO PROCEED WITH NEXT PHASE......cccccssscecccssscessvscsecsecccsessssessescsessssesussesessussseseesecaveseensens 12 4,CONTRACTS FOR ENGINEERING SERVICES ...ccccccscsccssscsescssesevescssssessssucsessnssessssuesesssessssscsstsssecnensceseeenees 12 5.SITE CONTROL wiesscccscscssscsvcessecsussessssessecsussssssscesseussuesussecsusaesesasensatevssussnsavessevssecsucavssessussussacesesneeseessenses 12 Page 2 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 6 PERMITS.......ccccsssecsscecccccsesscesscececceessesnauesensagessnenaneseesceeedesessstaceneesscerepseaeuesseaesenneeesneesaeenensnersdaasonneaeacnoseats 7 EXCLUSION OF EXISTING ENVIRONMENTAL HAZARDS ......scesessosseessecsesrsesvectessenesensenennesseseesnenseusass 8.ENVIRONMENTAL STANDARDS .....ccececccsssssneccenetsncerneeeesesseeenaeeeseeseneuaseeeeeeeesereeeeeeaseeeseseenaneeeeseneeeeeeeneages 9.CURRENT PREVAILING RATES OF WAGE AND EMPLOYMENT PREFERENCE .......c.cccesesessessensesrsenenes 10.CONSTRUCTION PLANS AND SPECIFICATIONS REVIEW.......cccccsssccesssssscevessencesnneceesesetasecsansessseessnsensees HH.CONSTRUCTION CONTRACTOR INSURANCE AND BONDING .......cccecesccesesecreeseeeestieessneresseenressenseanenes 12,POST CONSTRUCTION CERTIFICATION ......cccccccscccssscscetesseesessraetseccsesssseeesaseneeseasseeeeesensnesesnaeeseneeeesseeonees 13.OWNERSHIP OF FACILITIES 00.....cccccccscsscccsnsensestsceescnsessecsensceeeeesssdercessenaseaeessseuavceteseessuaeessnaeasseneessanenssaees 14.OPERATION AND MAINTENANCE OF FACILITIES .....ccscccsscccssssceescceceesessnececsnececessenseueeesseesensoneessasessnegens 15.PERFORMANCE /OPERATION AND MAINTENANCE (O&M)REPORTING...ce ceeeeccesssesseescneesseeseesaeees 16.TARIFFS &RATES FOR USE OF GRANT-FUNDED ASSETS ......ccsesseesossessseeesascevesneenensensaensnsnssuseaneesetnes 17.GRANT-FUNDED ASSETS NOT INCLUDED WITH PCE......c:cccccccsessteeresseneesessscensessssaeeesensersessetenseasesneeees APPENDIX B2 STANDARD PROVISIONS FOR AEA MANAGED PROJECTS 1.AUTHORITY'S RESPONSIBILITIES ......cccccccccsessscersseeeersssesesenasesesetsovoneseessensacevsscaseneesasereesneassessagensaeecenente® 2.FORCE ACCOUNT PAYROLL AND PROJECT COORDINATION......cc cccccecssesseeseessseesentecsssansnassaeeeseaneanenas APPENDIX C GRANTEE PROPOSAL/SCOPE OF WORK APPENDIX D PROJECT MANAGEMENT &REPORTING REQUIREMENTS 1.PROJECT MANAGEMENT........cccccscsessaecscsessaesssecceaeseseessecessuasessessenassssavsesessseeseeaesasgeecseeessaenensensdanesennennaed 2.CONTACT PERSONS .....cccccccsecsceesssceeecesececsscstesensacecsnenecsensaeecnnaerassaeaeaeucesevssceasecsevaceesensansesvenaeeaseaeeapenanstaes® 3.MONTHLY PROGRESS AND FINANCIAL REPORTS 2.0....csscesceseseeoreeessensecaseessenecoseesenseessneeessenetesserseasenes 4.DOCUMENTATION AND RECORD KEEPING........cccccscsssecsceseeeretaeeresnsausosaeecosssanseseseseuesranssecenseeeesseeesnasers APPENDIX E PROJECT BUDGET &REIMBURSEMENT PROVISIONS 1.ALLOWABLE COSTS ......ccccsscscsssesssccecsuesssceseesscecsaneessencaaecscesesanesseseseaesssseasensdeeneassnseesscesoveneesesconeaneeteneane A.-Direct Labor &Benefits .....ccccccccccsscscscsscsesessescesseeecessesenssseneeasenseesenendesenscsesseseessacousaesesasecesessesssanganesensns b.Travel,Meals,or Per Diern...cccccccccccccscsscecceseecececssceseteceseeceeeeenesaseasucesaeesecnessessnessensecsessesneseeessenenneecieegeys C.EQueiprment ooo.ceseceecscsesseceeceseeevescsenenereveneacnacanenseevaessenseaeseseseeneeseaueasentseessesanseaessseseneesesensnaseneaieneeenenearets A.SUP PLieS occ ccccccecccscssscsesssssssescseseecaeseceseseseseaesesssescseseseesscseseeetanenssasasseseaeeesasneseesesduesesseeesescnsnanssassasueseseansgs é.Contractual SErViCes...cccccccccecccscessccuesccscescusesacessaeecesceaeseneceeeheeendseenedenaenededeesbiascenessasaeenesesseeseeesesnesenaegns f COMSEPUCLION SEYVICES oc cccccccctcescseetsscsesseesesessecesesececceecucecsescesssesseneeasssdereseseeseecsenesesessseseseeasseserseeseenenentens &.Other Direct Costs.....ccccccccceeeccscecenenevecsssenenseesssnesisseessessesesessssaseuesecssseensenseeasesesssesseenssaescesesseenenssesasarnens 2 SPECIFIC EXPENDITURES NOT ALLOWED...cecccceeecenescnceceenenseesnsceusesssenenenseseesecueeeenenserevenseeesseeensenees 3 MATCH Luo ccccsccescsesssssceeeceeceesessnscescecessensceseeeccessensecesseesersanceepereeseeeeaeeeeesessceseaaseusenasascaseseneasenteenenseaeteesenegeees 4 COST SHARE MATCH REQUIREMENTS ..........csscescsseecsenceesscsceesanaasnneascesseseasececeneceeceseneseesssatessseeeesnasesges 5 VALUING IN-KIND SUPPORT AS MATCH ........cccsssccssseessscsenesessecsaceececessanseesereveseeasesasessreasnesseecsaessneessens 6 GRANT DISBURSEMENTS .......ccccssecessssncesssceseecnsnsesaneeersseencaseeecneeeessensaecaeseessecsessuuneuesesneveeesnensssaeessenansoees 7 WITHHOLDING OF GRANT FUNDS ......cccscccsssssecsceesessececesenenerensecesesaaeescasaeersesieeaesescsbesesecssnecssneeeessesensess 8 ADVANCE DISBURSEMENTS........ccsessescsssncesssccesessnsaeessnsessneaersneesensneaeesessnaseusssauneasesuseasesessgeeessseesanaeessenes 9.UNEXPENDED GRANT FUNDS AND INTEREST EARNED .........ccscsescecennecsenseeeseeessauevseseseesnteveseeseneennens 10.BUDGET FLEXIBILITY .........ccccsccccescsseeesseeecstnereessceseecsedeescceeeeenseaeusenaaseseseaeedsvesnsaneasossagsataeeeessereeensanerseess ATTACHMENT 1 FINANCIAL REPORT/REQUEST FOR REIMBURSEMENT FORM.......ccssssssssessessees ATTACHMENT 2 PROGRESS REPORT FORM.. ATTACHMENT 3 NOTICE OF PROJECT CLOSEOUT ATTACHMENT 4 WAIVER OF SOVEREIGN IMMUNITY Page 3 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 [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)"Authorized Representatives”means those individuals or entities authorized by an entitytoactonitsbehalf,with delegated authority sufficient to accomplish the purposes for which action is needed. c)"Executive Director”means the Executive Director of the Authority or the Executive Director's authorized representative. d)"Matching contributions”means the cash,loan proceeds,in-kind labor,equipment,land, other goods,materials,or services a grantee provides to satisfy any match requirementsofagrantortocompletetheProject. e)"Project”means Chistochina Central Wood Heating Construction as defined in Appendix C (Scope of Grant)for which funds have been made available. f)"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. g)"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 Chistochina Central Wood Heating Construction Grant Agreement #2195380 4.Insurance The Grantee is responsible for obtaining any necessary insurance and endorsements as defined in Appendix B Standard Provisions. 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. 6.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. 8.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. 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. Page 5 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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,and attachments 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 &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 raised to the Executive Director and will be decided by the Executive Director or the Executive Director's designee consistent with 3 AAC 108.910.The decision shall be in writing and mailed or otherwise furnished to the Grantee.The decision of the Executive Director or Designee is final and conclusive. 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 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. 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 Page 6 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 if this Agreement is terminated for cause. 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 shail 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. 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. 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 non-compliance with anyoftheprovisionsofthisGrantAgreement. Page 7 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 22.Remission of Unexpended FundsTheGranteeshallreturnallunexpendedgrant 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. 4,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. 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 justificationprocessfornon-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 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 will 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. Page 8 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. 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. 32.Grant Close out Upon completion of the all work or expenditure of all grant funds related to the Project the Authority will provide written notice to the Grantee that the Grant will be closed out with an effective date that the grant will be closed out. The Grant will be considered closed out by the effective date in the notice unless the Grantee provides written notice to the Project manager within 30 days after receipt of notice of Grant close out that they disagree. No additional reimbursements will be made to the Grantee after the grant is closed out. Page 9 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Appendix B_Standard Provisions 1.Project Funding Sources This Grant is subject to appropriation and availability of funds as listed below: State of Alaska AR 04685-13 $500,000 Renewable Energy Fund Rd 1 Local Match $12,000 Cheesh'na Tribal Council Total Project Funding $512,000 The Project is funded through Phase !V -Construction. 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 and the Renewable Energy Fund Request for Applications dated 9/03/2008. 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. 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 or by a third party as aresultofoperationsunderthisgrant.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. 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: Page 10 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 1.Workers'Compensation:as required by AS 23.30.045,for all employees engaged in work under this Project.The coverage shall include: a.Waiver of subrogation against the State 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 shall be named as an individual 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,whether self-insurance or otherwise. The Authority's acceptance of deficient evidence of insurance does not constitute a waiver of Grant requirements. 5.Sovereign Immunity By execution of this grant agreement,the Grantee irrevocably waives any sovereign immunity which it may possess,and consents to suit against itself or its officials,under the laws of the State of Alaska,in the courts of the State of Alaska as to all causes of action by the Authority arising out of or in connection with this agreement.If the Grantee is an entity which possesses sovereign immunity,it shall provide the Authority with a resolution of the Grantee's governing body waiving sovereign immunity,and such resolution shall be incorporated into this agreement as an Attachment 4. |Appendix B1-.Standard Provisions for General Design &Construction Grant. 1.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 subject to approval of the Authority.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. Page 11 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 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 construction 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 insurance. 5.Site Control 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. 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'Wetlands Permit,State Historic Preservation Office,State Fire Marshal approval,rights-of-way for the pipelines,and site control,including any necessary Coastal Zone Management coordination through the Office of Project Management and Permitting (DNR). 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 Construction projects require the grantee 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: Page 12 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 The Federal wage rates at http://Awww.wdol.gov/ The State wage rates at http://www.labor.state.ak.us/lss/pamp600.htm When Federal funds are used on the project,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 on a project 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 funding sources for this grant are shown in Appendix B.1.The Grantee is responsible for determining any other sources of project funds and for ensuring compliance with applicable wage scales. 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. 11.Construction Contractor Insurance and Bonding The Grantee must require construction contractors to provide proof of adequate insurance and payment and performance bonding prior to beginning construction on a project in accordance with AS 36.25.010. 12.Post Construction Certification Upon completion of construction the Grantee will submit a final report that includes: e Certification that all work is completed in accordance with the grant agreement; e That all cost claimed are eligible costs and represent work completed on the Project; e Identification of any construction issues;and, e =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 useful 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 Page 13 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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. 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. 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. |Appendix B2_Standard ProvisionsforAEA Managed Projects ©= 1.Authority's Responsibilities In considerationfor this Grant,Grantee hereby appoints the Authority to act as its agent for the design,construction,management,and administration of the Project. As Agent of the Grantee the Authority will be responsible for all matters related to the Project design and construction in accordance with this Grant Agreement,including but not limited to development and approval of plans and specifications;procurement of all materials and services,hiring force account labor,and accounting and reporting all expenditures,provided that the Authority will not be responsible for any matters not required by this Grant Agreement. Page 14 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 If other funding sources for the Project require the Authority to assume additional duties as the agent of the Grantee,then those requirements will be identified and the duties will be assumed in a separate agreement which will be included as an Attachment to this Grant. The Grantee is responsible for monitoring the Project work to the extent necessary for the Grantee to determine that the work is proceeding satisfactorily and so that the Grantee can perform its responsibilities pertaining to the Project and operate and maintain the Project after Project completion. The Grantee will raise with the Authority promptly any concerns or issues it may have regarding the Project,and if those concerns or issues are not satisfactorily resolved the Grantee will promptly give written notice with a detailed description of the concerns or issues to the Authority's Project Manager. More specifically,the Authority will provide oversight for the project during the planning and development stages of the project,coordinating with the Cheesh'na Tribal Council and the design team for the project.This will include conducting meetings either by teleconference or in person to decide on the proper system for the Chistochina Central Wood Heating Construction project.In addition,the review of schematic drawings,fuel supply issues,and storage issues will be addressed.This will all be done in an effort to establish schedule milestones to insure the project is constructed by the fall of 2009 (dependent upon adequate funding being obtained). The Cheesh'na Tribal Council desires the Authority to provide similar services it currently is providing to other projects being designed and constructed in rural Alaska,via the use of term contracts with designers and constructors.This grant only funds the project development and design.If funding is obtained for construction,the Authority will provide oversight for material and equipment procurements,schedule and budget management,force account payroll activity, construction problem resolution,cost control,reporting,project close-out and operation and maintenance turn-over of the project to the Cheesh'na Tribal Council. 2.Force Account Payroll and Project Coordination The Grantee will assist the Authority in obtaining qualified local labor for the Project and will provide necessary local administration assistance,including recommending qualified local personnel;assisting in obtaining necessary personnel information;assisting in obtaining housing for nonresident workers;facilitating communications between the Authority,the community and local employees;and serving as a liaison between the Authority and the community. Page 15 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Appendix C .Grantee Proposal/Scope of work. This is a proposed biomass project that will use wood pellets as a fuel.The system will be designed to displace 90%of the oil previously used in the facilities.The application is for Resource Assessment/Feasibility Analysis/Conceptual Design;Final Design and Permitting; and Construction.The following will be accomplished: 1.A wood pellet-fired district hydronic heating system will be integrated with existingheatingsystemsin5villagebuildingsincludingWasheteria,Library,Community Hall, Tribal Office,and Clinic/Multiuse Facility. 2.A wood pellet-fired boiler will be designed and constructed in an insulated 8'x20'ocean container for the four duplex housing units and the water distribution loop nearby.This will contain boiler,hydronic pumps,and related piping. 3.The pellet-fired boiler will be connected to the building hydronic system and located in an 8'x10'enclosure of the new office building.All other buildings will have pellet stoves or furnaces retrofitted into the building.Oil-fired appliances will stay as ready backups. A central silo or hopper will serve as storage for bulk pellets for a!l heating units.This will be filled in by commercially made pellets from the existing Dry Creek pellet mill or the new mill that will be constructed this summer in Fairbanks. Timeline: Cheesh-te Tabal Councd Peettainary Schedule:Christochina,Alska Chiao china Wood F diet Fired Community Bulidings Harting Syal en GD pice hee Bik &oer j Peak Wee:je j=]|{Re Ms Ks Sea OS As OS OS Be OO strstr_-|Wmasel ReceanastweeCampiace |S éaye,Fe rate Fe saraet Ge?|aansiwadt mate |day Men Ne Mee aedTt[Preset -Recsueekcopcormed?|tM eae:The SEN.Moo O27 be |Feaninhey '¢,Oeege :i To Rectan 16 puteBeat ed [BYdaysTue FRE Toe BAneTEbeggobeyspe.twatog REE GMT Gesgrt CUS ay Wed TRS Wed 508PTSavedandAwayreeqi.ns 3S pies i : Pa Rega procurweealof heating SassTheAWed FESO)qeure._ee. i PE thanetog 56 6 plan ga OhPS|Sewerdyand dagency ree at8 days Tae SSG Mad Seaiahirree"Carinae pro curated gas Fue Sg Bo SAS"TH]FeeceiRetOemg:|Shane,Ree 2NGR Mom FitRiDeggOddaisTueaSAlanFA Y Pewaing (Fie lewsnal Blea a ays Tus ESS 'Man P58PTaggrebaHBoreticurtHsuey. WY Rawicdanblsgued taRolel5 ee eeeyWSGerigaCongeeCayMon2aVai283)De)teen se AY.Congarcnas er SeFsCovpinepracuremet"Po aay”4 tegen Yu Zp tonstuaga y OF A 2 Sede tervegang -_=Puch wee EJ Ping impaction daccpanca oe "Cle pup 2 Geaebizsion OT Fa E PromctCatenakomt ;FdPegedCinegteaea Eur Ss Propetf C henstis Biba Co und Oa neta iy Ht esting Tres lt,QaDate:Wa 2.9 Page 16 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Milestones: 12/12/2008 Milestone 1:Reconnaissance (Completed) 07/30/2009 Milestone 2:Resource Assessment/Feasibility Analysis/35%Design.This will be done by AEA's Term Contractor CE2 Engineers. 01/30/2010 Milestone 3:Final Design stage entails getting Approval to Construct from Alaska Fire Marshal and will be done by AEA's Term Contractor CE2 Engineers. 12/31/2010 Milestone 4:Construction Phase will be done by force account using local labor and managed by AEA's Term Contractor. By reference,the Application of 10/08/2008 and its modifications based on revised approved budget are incorporated into this grant agreement. Page 17 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 [Appendix D Project Management &Reporting Requirements.= 1.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 Elaine Sinyon,Tribal Administrator Butch White,Grants Administrator Cheesh'na Tribal Council 813 W.Northern Lights Blvd. P.O.Box 241 Anchorage,Alaska 99503 Chistochina,AK 99586 bwhite@aidea.org esinyon@cheeshna.com (907)771-3052 (907)822-3503 Project Manager Project Manager Elaine Sinyon,Tribal Administrator Ron Brown Cheesh'na Tribal Council 813 W.Northern Lights Blvd. P.O,Box 241 Anchorage,Alaska 99503 Chistochina,AK 99586 rbrown@aidea.org esinyon@cheeshna.com (907)771-3064 (907)822-3503 3.Monthly Progress and Financial Reports The Grantee will provide monthly status reports by email (or other method allowed by the Authority,if email is not available)to the Authority's Project Manager.These reports are due starting the first full month after the award of the grant.This report must update the Authority on the project's progress,regulatory and compliance issues,possible delays,and grant expenditures during the month.These Monthly Progress Reports must summarize,in one or two pages,the progress made on grant tasks during the month 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. Reports are due on the 1st business day of each month.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. Page 18 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 shail 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 19 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 '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 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 theGrantAgreementandnecessaryfortheProject.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 necessarytransportationandmealexpensesorperdiemofGranteeemployeesforwhichexpenses 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 of the Authority's 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 20 of 29 Chistochina Central Wood Heating Construction. Grant Agreement #2195380 2. 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. e Net insurance premiums paid for insurance required for the grant Project; e Costs of permits and licenses for the grant Project; e 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; e Office lease/rental payments; e Other direct costs for the Project directly relating to the activities and identified in the grant documents;and/or e Land or other real property or reasonable and ordinary costs related to interests in land including easements,right-of-ways,or other defined interests. 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: e salaries,wages,applicable employee benefits,and business-related expenses of the Grantee's employees performing functions not directly related to the grant Project; e office and other expenses not directly related to the grant Project;and e costs and expenses of administration,accounting,human resources,training,property and income taxes,entertainment,self-insurance,and warehousing. Page 21 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 3.Match The Grantee volunteered to provide $12,000 in match for this grant Project. 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: 5. 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 can't 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. Valuing In-Kind Support as Match lf the Grantee chooses to use in-kind support as some or all of its 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 22 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 6.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) The back-up documentation must demonstrate the total costs incurred are allowable,and reflect the amount being billed.Documentation must include: e Asummary of direct labor costs supported by timesheets or other valid time record to document proof of payment. e Travel and per diem reimbursement documentation e Contractor or vendor pay requests e Invoices Payment of grant funds will be subject to the Grantee complying with its matching contribution requirements of the Grant. 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: e The Grantee fails to provide adequate back-up documentation. e The Authority determines that a specific expense is not allowed under the grant. e 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. 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. Page 23 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 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 Flexibility The Grantee may revise the Project budget line items in Appendix C without a formal amendment to this agreement,provided the total grant amount is not exceeded and further provided such revisions are limited to a maximum of 10%(per cent)of the total amount of this agreement or $10,000,whichever is less,over the entire term of this agreement.Such budget revisions shall be limited to changes to existing budget line items,or the creation of new budget line items which are within the scope of the Project.Budget revisions may not be used to increase any budget item for Project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this Grant Agreement. The Grantee shall indicate each budget revision to the original Project budget on its Financial Reports submitted to the Authority. Page 24 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Attachment 1.Financial Report/Request for Reimbursement Form |.2:2).| Grantee:Cheesh'na Tribal Council Project:Chistochina Central Wood Heating Construction Period:to Grant Number:2195380 A -_B c D=B+C E=A-D BUDGET SUMMARY Toren |eames |ase |exoneanunes |STAN onANe BY TASK OR MILESTONE 2202 ee eee Engineering to 35%$16,000 Engineering to 100%$24,980 Heating Unit,Enclosure,Silo $314,800 Piping $72,000 Valve vaults,heat transfer $35,000 Construction Management $49,220 TOTAL $512,000 BY BUDGET CATEGORIES =2 a Direct Labor and Benefits Travel Equipment . Engineering Contractual Services $512,000 Construction Materials/Freight Other TOTAL $512,000 'BY FUND SOURCES ©.0)oS ee oe Grant Funds $500,000 Grantee Match -Cash $12,000 Grantee Match -In-Kind Other Contributions TOTAL $512,000 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. |certify to the best of my knowledge and belief the information above is correct and funds were spent in accordance with grant agreement terms and conditions. Certified By:Prepared By: Title:Date:Title:Date: Page 25 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Attachment 2.Progress Report Form =: Grantee:Cheesh'na Tribal Council Project Name:Chistochina Central Wood Heating Construction Grant #2195380 Period of Report:to Project Activities Completed: Existing or Potential Problems: Activities Targeted for Next Reporting Period: Page 26 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Attachment 3 Noticeof Project Closeout: NOTICE OF PROJECT CLOSEOUT ALASKA ENERGY AUTHORITY Project Name:Chistochina Central Wood Heating Construction Grantee:Cheesh'na Tribal Council Grant Number:2195380 Agreement Execution Date: The Alaska Energy Authority certifies and acknowledges that the Project referenced above has been completed,and that all tasks have been satisfactorily carried out in accordance with the terms and conditions of Agreement Number: Project Manager Date Alaska Energy Authority The certifies that the Project named above is complete in accordance with the terms and conditions of Alaska Energy Authority Agreement Number: Authorized Signature Title Printed Name Date Page 27 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 |Attachment 4 Waiverof Sovereign Immunity.= . WAIVER OF SOVEREIGN IMMUNITY RESOLUTION NUMBER A RESOLUTION OF THE Cheesh'na Tribal Council accepting State of Alaska,Alaska Energy Authority Grant number 2195380 for the Chistochina Central Wood Heating Construction and waiving sovereign immunity from suit for actions arising out of,or in connection with,the Grant. WHEREAS,the Authority requires as a condition of the Grant that the Cheesh'na Tribal Council irrevocably waive any sovereign immunity which it may possess,and consent to suit against itself or its officials as to all causes of action arising out of or in connection with the Grant Agreement; NOW THEREFORE BE IT RESOLVED THAT: 1.Cheesh'na Tribal Council (CTC)hereby consents to suit by the State of Alaska and/or by the Denali Commission against CTC and its officials in state court,federal court or in administrative proceedings with respect to any disputes,claims or causes of action (including without limitation enforcement or injunctive relief)arising out of or in connection with Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement,and any other agreement pertaining to the grant-funded project; or the operation of the facility following construction. 2.CTC hereby consents to levy,execution,or garnishment against CTC's real and personal property,however held and wherever located,for any judgment or order entered in any lawsuit or administrative proceeding related to or arising out of Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement, and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,including,but not limited to,awards of attorneys fees and costs entered by any court. 3.CTC consents to the assertion by the State of any defenses,cross-claims,or counterclaims in any civil action that is filed by CTC against the state. 4.With respect to a claim or action by a force account employee or other employee of CTC arising out of or in connection with Grant Agreement 2195380;the contractual duties assumed by CTC under that agreement,and any other agreement pertaining to the grant-funded project;or the operation of the facility following construction,CTC waives sovereign immunity to the extent of,and to the extent necessary to secure, insurance coverage including workers compensation insurance. Page 28 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 5.This waiver shall in no case be deemed a waiver or consent to suit,tax,or any other charge against CTC by any party other than the State of Alaska,except as specifically provided in (4)above. 6.Elaine Sinyon,Tribal Administrator,is hereby authorized to negotiate,administer and execute on behalf of Cheesh'na Tribal Council Grant number 2195380 for the Chistochina Central Wood Heating Construction and to negotiate,execute,and administer any other documents,agreements,and contracts required under or related to the Grant Agreement including subsequent amendments. PASSED AND APPROVED BY Cheesh'na Tribal Council On 200. IN WITNESS THERETO BY:SIGNATURE OF PRESIDENT Signature Title Attest:SIGNATURE OF CLERK/SECRETARY Signature Title Page 29 of 29 Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 2 -Progress Report Form Grantee:Cheesh'na Tribal Council Project Name:Chistochina Central Wood Heating Construction Grant #2195380 Period of Report:July 1,2014 to August 31,2014 Project Activities Completed: The Pex line to the office has been laid.A box has been built to enclose the fines at the connex.The long-lead materials have been ordered.Received a new bid for controls and electrical work. Existing or Potential Problems: Review of plans does not show any metering devices;this will be an additional expense to the project.The glycol estimate did not include the boiler system;this is also an additional cost.Funding shortage,additional funding needed to complete the project. Activities Targeted for Next Reporting Period: Review and negotiate contracts for Controls. Pursue additional funding. LY Prepared by:he Date:October 6,2014 n Linnell Submitted by:Date: Larry Sinyon,President Cheesh''na Tribal Council Attachment1 Financial Report/Request for Reimbursement Form Grantee:Cheesh'na Tribal Counc THIS REQUEST IS FOR FINAL PAYMENT L)Project:Chistochina Central Wood Heating Construction accordance withthe grantCertifiedBy.boy Se Printed Name: Tee Kesident LAaty Pagew Form requires two ongmal signatures.The person ceriitymg must be different from the person preparing the report. One signature should be the authonzed representatve of the Grantee organization or highest ranking offcer:theothershouldbethepersonwhopreparedthereport |certify to the best of my knowledge and belicf that the information reported on above and the aftsched Progress Report are correct.In addition,funds were spent and work performed in reement terms and conditions.Prepared By:KD | Printed Name: ;oate:\0 ahy tre:CFO _ botn the Financial Report »Data lofzp|tf- Period:09/01/2014 to 09/30/2044 Grant Number:2195380 A B c :Obenec E-a-0 BUDGET SUMMARY Tora,L GRANT PRIOR,RES EXPENDITURES |TOTAL GRANT BALANCE] BY TASK OR MILESTONE i de eee en .+fot BoserModulePurchase 305,000 |305,275.85 [000 |3ds.275.85 |-27585Construction145,550 |5580992 |145,00000 |200,809.92_|-55,259.92FinalCloseout____2600]0.00 000 obo 2,500.00 _ AEA Managed Costs 58,950 |58.950.00 |0.00 58,950.00 _-_|0.00 TOTAL $512,000 |420,035.77 145,000.00 $65,035.77 -$3,035.77 BY BUDGET CATEGORIES |Ovect LaborandBenefits sf $16,000 |13.480 38 0.00 _[9348038 251962Travel|1,000 |0.00 |0.00 000 -__|2,000.00Laupment305.000 |30527585 |0.00 305,275 85 275.85 Materials&Supplies ___69,080142,32054 [000 |4232984 -«|266.7204a6ContractualServices30,000 }0.00 145,000.00 145,000.00 5,000 00ConstructionManagement32,000 |0.00 foo obo -36 40174 Other (AEAManagedCosts)$8,950 |$8,950.00 |0.00 __|58,950.00 0.00 TOTAL $$12,000 |420.035.77 145,000.00 565,035.77 $3.035.77 BY FUND SOURCE Grant Funds .$00,000 |404,225 85 95,774 15 $40,000.00 0.00 Grantee Match-Cash 12,000 |15,800.92 |49,725.85 69,035.77 53,035.77 TOTAL __$$12,000|420,035.77 |145,000.00|$65,035.77 |-$3,035.77 7 - RTFeANON ' A a [Attachment 1 Financial Report/Request for Reimbursement Form oy THIS REQUEST IS FOR FINAL PAYMENT [_] Clustechina Central Wood Hvating Construction accordance with {ie onCertifiedBy Pnnted Name.(_S224TaeResidentMopeeaneateee mt tenterms and conditions.Prepared By: Panted Name.Loe Prat we.oe,nuyertNatewlas|ty Title Form mquires two onginal signatures The person certifymg must be different from the person prepanng tho report.One signature should be the authorized representative of Ihe Grantee organization oF hignhes!ranking officer.the other should be the personwhoprepared the repon.t certify to the best of my knowledge and bdclicf that the Information reported on both the Financial ReportaboveandtheattachedProgressReportarecorrect.In addition,funds were spent and work performed in D aah Cxo Grantee:Cheesh na Tahat Councd Project. Period:08/01/2014 to 08/34/2014 Grant Number:2195380 a oO ¢jo*eBec €sa-Dpuocersummary|rover |woctitnes |SREREME®|lpEaiines arenesBYTASKORMILESTONEi BollerModule Purchase 308,000 |305,275.85 |0.00 305,275.85 |-275.85Constudion445,550 |5580992 [000 |$5,809.92 89,740.08 fFinalCloscout =|«800 |0100 0.00 0.00 2,500.00 AEA Managed Costs ____|_58,960|$8,950.00 |0.00 _$8,950.00 -_|0.00 TOTAL $512,000 |420,035.77 |0.00 420,035.77 91,964.23 BY BUDGET CATEGORIES } Direct Labor and Henefas 3 16.000 |13.480 38 0.00 13;480.38 2,519.62 Tah "4,000[70.00 0.00 0.1,000.00 Equipment 305.000 |30527585 [000 _'|305,275.85 |-275.85 Matenals &Suppkes 69.050 |42.329 54 0.00 4232954 |0672046 Contractual Sernces oe 30.000 |0.00 0.00 -0.00 -38,000.00 Construction Management 32,000 |0.00 _|0.00 .0.00 __32,000.00 _. Other (AEA Managed Costs)58,950 |58,950 00 0.00 $8,950.00 0.00 TOTAL $512,000 |420.035.77 0.00 420,035.77 91,964 23 BY FUND SOURCE ; 'GrantFunds $00,000 |404,225.85 0.00 404,225.85 95,774.15 Grantee Match-Cash 12,000 |15.09.92 [0.00 _{15,809.92 |-3,809.92 TOTAL $$12,000 |420,035.77 0.00 420,038.77 [91,964.23pAROSTT4O00AIT4.2: e CERTIFICATION if } ' [Attachment 1 Financial ReportRequest for Reimbursement Form | THIS REQUEST IS FOR FINAL PAYMENT [|c > Grantee:Choosh'na Tribal Counci!Project:Chistochina Central Wood Heating -Period:07/01/2014 =to:7/31/2014 Grant Number:2195380 \e ee [Deere gy]EeA-DBUDGETSUMMARYTOTALGRANTPOOREXPENDITURES{TOTAL GRANTSUDGLTICAPENDITURLS153PERIODotonyBALANCE BY TASK OR MILESTONE a >- +-4 va”cones Boiet Module Purchase __308.000|30827585 |o00|||30527585|-275.a8Construction145.850 |14.21166 -|41,598.26 $5,809.92 89,740.08 Final Closcout 2.500 |000 0.00 000 2,800.00 ALA Managed Costs 58 950 |58.950 00 0.00 58,950.00 0.00 TOTAL $512,009 |37843751 |4159826 |430,035.77 '|91,964.23| BY BUDGET CATEGORIES | Daect Labor and Benefits $16,000 {11.882 12 |1,598.26 18,480.38 2,519.62 Vaves 4,000 |0.00 |0.00 0.00 |1,000.00Equipment305,000 |305.275 85 0.00 308,275.85 -275,8SMatenals&Supplies "|@n0so 2327054 |40,00000 |42,329.54 _|26,720.46 Contractual Sonnces 30,000 |000 0.00 0,00 20,000.00 Construction Management 32 000 |0.00 {0.00 0.00 __|32,000.00 Other (AEA Managed Costs)58.950 |58,950.00 }0.00 $8,950.00 0.00 TOTAL $542,000 |378,437.51 |42,598.26 |420,035.77 91,964.23 BY FUND SOURCE ; "Grant Funds 500,000 |36422585 |49,000.00 404,225.85 |95,774 15 Grantec Match-Cash 12,000 |14.211 66 1,598.26 15,809 92 |-3,809.97 TOTAL -s-s=-«éd«Ss«$812,000 |378,437.51 41,598.26 430,035.77 |92,964.23 oe aa CERTIFICATION nmFormrequirestwoonginalsignatures.The person ceritying must be difterent trom the person preparing the report One signature should be the authonzed representative of the Grantee organizabon or Pughes!ranking officer,the other shoud be the person who prepsred the report. I certify to the best of my knowledge and belicf that the information reported on the Financial Report above and the ntheors Progress Report are correct.In addition,funds were spent and work performed inaccordancewiththegrantaetermsandconditions.Curifed By So-t77-rrevaredBy.RAADUGAL RecscayPrntecName:Liaw Sivgow Printed Name Loraine Radigan, Tithe”cro Oate 10/28/2014ResidentDateWLZS(UY,Tite Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 2 -Progress Report Form Grantee:Cheesh'na Tribal Council Project Name:Chistochina Central Wood Heating Construction Grant #2195380 Period of Report:Nov 1,2013 to April 30,2014 Project Activities Completed: Boiler system arrived at Fink at end of November and was installed into a connex in December.They will hold the unit until the weather warms to prevent potential damage from freezing and thawing. Existing or Potential Problems: Staffing change will slow bid review process. Activities Targeted for Next Reporting Period: Review RFPs for Mechanical and Controls and Pellet supply. Prepared by:Vip:A SA Date:May 20,2014 aren Linnell a Submitted by:fn,DD enpfe ___Date:Pa C "Y=YLarrySinyon,President Cheesh'na Tribal Council Chistochina Central Wood Heating Construction Grant Agreement #2195380 Attachment 2 -Progress Report Form Grantee:Cheesh'na Tribal Council Project Name:Chistochina Central Wood Heating Construction Grant #2195380 Period of Report:May 1 to May 31,2014 Project Activities Completed: Boiler and feed arrived on May 16'".Met with Jim Vail (AEA)regarding project status and shared Mechanical/controls bid with him.He will review mechanical bids to ensure that nothing was overlooked.Should resume work at end of June,2014. Existing or Potential Problems: Review of plans does not show any metering devices.This will be an additional expense to the project. Activities Targeted for Next Reporting Period: Review and sign contracts for Mechanical and Controls and Pellet supply.Begin ) construction. Prepared by:tl Date:June 2,2014 aren Linnell 7 Submitted by:Home Ss wf pate GU I 7LarrySinyon,President Cheesh'na Tribal Council tae --ENTRGY AUTHOFETY GRANTS SECTION REQUEST FOR ADVANCE PAYMENT Instructions: (1)Fill in the Grantee,Grant Number,Project Title,Amount Requested,and Date. (2)Read the language in Appendix E of the Grant Agreement (Advance Disbursements provision). (3)Check the boxes to confirm that the advance is justified and that you have read and understood the conditions under which the advance will be approved and recovered by AEA. (4)Provide a brief narrative explaining the proposed use of the advanced funds. (5)Attach documentation of costs associated with the requested advance (i.e.,price quotes or cost estimates,invoices,a spreadsheet outlining projected payroll,etc.) Grantee:'Grant Number:Chee'nn Treat Cou uerd A19S220 Project Title:,L,:Date: Cheealht wa Heating Didnt ld Boer Llo Wb Amount Requested: 1 halae Pea =) 4 The Grantee confirms that the advance is necessary due to a lack of cash on hand to administer the grant on a cost-reimbursable basis. {}The Grantee understands the conditions under which AEA will recover the advance. Explain how the advance will be used.Attach additional pages if necessary. "le OM,Tavotee,#SPQ bee Fink Mathine,Ine Grantee Certification:|certify that the above information is true and DCCED/AEA STAFF USE correct,and that expenditures will be made for the purpose of,and in accordance with,applicable grant agreement terms and conditions.Encumbrance #: .«Fowovie adios \byol yet Payment Amount: Signature Date Approved by:loova,ax Yoon CED Name and Title a)Date: Fink Machine Inc. Box 308 Enderby,BC VOE 1V0 INVOICE Invoice No.:1589 Date: Page: Dec 16,2013 1 Sold To:Ship To: Cheesh'na Tribal Council Cheesh'na Tribal Council Box 241 Box 241 Gakona,AK 99586 Gakona,AK 99586 Business No.:869351031RP0001 Item No.Quantity Unit Description Tax Unit Price Amount Pyrot 220 kw boiler As per quote dated March 14 2013 55%now due 167,787.75 Subtotal:167,787.75 -No Tax mments Freight 0.00 Payment Due on Receipt of Invoice Total Amount 167,787.75 /=ALASKAENEPyATHOFUTY GRANTS SECTION REQUEST FOR ADVANCE PAYMENT Instructions: (1)Fill in the Grantee,Grant Number,Project Title,Amount Requested,and Date. (2)Read the language in Appendix E of the Grant Agreement (Advance Disbursements provision). (3)Check the boxes to confirm that the advance is justified and that you have read and understood the conditions under which the advance will be approved and recovered by AEA. (4)Provide a brief narrative explaining the proposed use of the advanced funds. (5)Attach documentation of costs associated with the requested advance (i.e.price quotes or cost estimates,invoices,a spreadsheet outlining projected payroll,etc.) Grantee:Grant Number: Cheesh'na Tribal Council 21958380 Project Title:Date: t 5/9/2013 Amount Requested: $106,774.15 ©The Grantee confirms that the advance is necessary due to a lack of cash on hand to administer the grant on a cost-reimbursable basis. GJ =The Grantee understands the conditions under which AEA will recover the advance. Explain how the advance will be used.Attach additional pages if necessary. To make the partial/initial payment toward the purchase of the Kob Pyrot 220kw Pellet Boiler and Associated Module Grantee Certification:I certify that the above information is true and DCCED/AEA STAFF USE correct,and that expenditures will be made for the purpose of,and in accordance with,applicabie grant agreement ierms and conditions.Encumbrance #: anal.4 Orne,Cc Uns (3,OOF >619/13 Payment Amount: Si ti Dateignature*Approved by: Evelyn Beeter,CTC Vice-Chair Name and Title Date: Cheesh'na Tribal CouncilEGEIVEP.O.Bex 241eb,D Jen Chistochina,AK 99586qs\\way 0g 2013 (907)822-3503/822-5179FX COUNCIL .AIDEA--Z AEA May 06,2013 13-CTC-011 Jim Vail Project Manager Alaska Energy Authority 813 W.Northern Lights Blvd. Anchorage,Alaska 99503 Re:Grant No.2195380 Chistochina Central Wood Heating Construction Dear Mr.Vail: Attached please find Progress Reports for February and March 2013 with attached deliverables- February:RFP for purchase of Boiler/Module.RFP Amendment &Responses March:RFP Response Summary The goal was to award the contract for purchase of the boiler by March 27,2013. This date was delayed as the responses from Fink Machine and ACT Bioenergy were discussed and the budget reviewed.The Council made the decision to award the contract to Fink on April 5,2013.Mr.Fink was notified of this decision on April 9.2013. A request for advance is being submitted to Mr.Calfa for the 35%deposit with Fink Machine,Inc.for the Kob Pyrot 220kw pellet boiler and associated module.This amount is $106,774.15 (35%of $305,069.00).The letter to Mr.Calfa will also include request for grant disbursement for costs directly related to the Boiler/Module RFP. Thank you for on-going support and assistance. wr./-Sincerely,"Qe eH toov7Va President \y2 a Larry Sinyon 4.a |."A ye Cheesh'na Tribal Council P.O.Box 241 Chistochina,AK 99586 (907)822-3503/822-5179 FX Progress Report -Grant No.2195384 Chistochina Central Wood Heating Construction -_| {Reporting Period:February -March 2013 | Milestones Reimbursable Task Deliverable Date Complete Remarks RFP for purchase of Boiler/=iFeb.13,2013Pre-Construction [Boiler/Module RFP Module (Attached)Proposals due 2/25 Extend bid date to 3/4 and clarify Feb.25,2013 [bond requirements if proposal RFP Amendment 001 (Attached)includes installation Mar.4,2013 |Responses received Distributed for review & Mar.4,2013 evaluation to the followingcommittee.(See attached response summary.} Karen Linnell,Tribal Administrator Steve Becker,Project Manager George Drinkwater,Mt.Sanford Tribal Health Consortium Lori Richter,Tribal Engineer Mar.11,2013 Review committee meeting Mar.11,2013 Met with local contractor to review plans,request site work quote Mar.14,2013 Submitted plans to State Fire Marshal for plan review and Cheesh'na Tribal Council P.O.Box 241 ey Chistochina,AK 99586Sue”@ (907)822-3503/822-5179 FX-_ es Progress Report -Grant No.2195384 | Chistochina Central Wood Heating Construction _| |Reporting Period:April 2013 | Milestones Reimbursable Task Deliverable Date Complete Remarks Manufacturer's payment Pre-Construction [Purchase Boiler/Module schedute Attached See Grant Appendix C Scope of CM RFP Work:CTC is CM Select CM Afhit uf DATE. James Vail 'rom:Lori richter <lori3ae@gmail.com> Sent:Friday,April 05,2013 7:45 PM To:James Vail Cec:Steve Becker_CEP (sbecker@cheeshna.com);Lori Richter Subject:Re:Chistochina Heat System Good evening Jim, I just received notification this evening that the Council has decided to go with Fink.The paperwork process will be initiated on Monday to request the advance and provide documentation to you.Thank you for your ongoing support and patience. Have a nice weekend! Lori On Apr 5,2013 5:05 PM,"James Vail"<JVail@aidea.org>wrote: Hi Steve, lust checking in to see how it's going.Also,I have another project about the same size as yours and was wondering if you could share your proposal information.As I'm sure you know,it's a challenge to keep the apples and oranges balanced.Hope all is well, Jim Vail,PE Energy Infrastructure -Project Manager AIDEA/AEA 813 W.Northern Lights Blvd Anchorage,AK 99503 Ph:(907)771-3064 Fax:(907)771-3044 jvail@aidea.orq GRANT fora CHGS James Vail From:Lori Richter <engineer@cheeshna.com> Sent:Thursday,January 02,2014 10:43 AM To:Glens Mechanical;bert@grscontrols.com Ce:Karen Linnell;Drinkwater George;James Vail Subject:Cheesh'na Wood Boiler Project Good morning Glen and Bert, I have accepted a new job and am no longer with Cheesh'na Tribal office.Karen Linnell,Tribal Administrator and George Drinkwater,Mt.Sanford Tribal Consortium along with Jim Vail at Alaska Energy Authority have the current project status. Karen's contact info is tribaladmin@cheeshna.com 907-822-3503 She has your proposals/quotes. George,whom you both know,was instrumental in the early stages and a key representative with the Clinic as the primary user of the wood boiler heat . His contact info gtd@mstc.org 907-259-4498 Best wishes for the New Year, Lori Richter Chistochina,AK 99586ENeas,G (907)822-3503/822-5179 FX-Special MeeringAK.Energy Authority Sign In SheetNaveLOrstBe? p=4 Cheesh'na Tribal Council >WEY P.O.Box 241 2,Ceome Dinkutster 12. 3._Veale Doel,cass 13. 4 Lean Zhe 14, 5.alieg bhp 15. 6.(AAS Hered VPSo 16. : ]Grtiwuc"N.Sony re)iteag 17. 'a8AtcrtoosMow,18. 9.19. 10.20. ja fel? low'(74& 775°.LY I ”Hows ay inearLesh)7a 2,-tow mr cl Ce .ral a cackhast??,a or Prvranrg ¢callow 5 few mad Fer t47gQ how "lol off aevial.4.Have gee sent Le Eurdlet?|Spe 9 45Tingling2leataMesEWwbe.mS.ole |ee.he |comanobisiyshdCarsob,fy nes a purer.suppliers.§-Saat woe-Loner Bune a7.Rick.of etA Notee rea CladBoLocationofpalletsup,7,yee Delboy 2 /6 Tes.0 Leck (oS)micncanyun Aehiwerg 1é fons,(") ay ésSxOeK22 "fooe cA M40.7 29 TEN ae Arnal Agee a acfsu bast rs1e,MIAMI Vo fefvety _BSO-45 Teus ! CE2 ENGINEERS,INC. Mailing Address:P.O.Box 232946 ¢Anchorage,AK 99523 Phone (907)349-1010 »Physical:8221 Dimond Hook Drive «Anchorage,AK 99507 Fax (907)349-1015 TRANSMITTAL FORM Name:Jim Vail,PE Date:9/13/12 Company:Alaska Energy Authority/Rural Energy Group Phone:771-3064 Address:813 W.Northern Lights Blvd.Anchorage,AK 99503 Project:Chistochina Hydronic Heating System If enclosures are not as noted,please inform us immediately. WE TRANSMIT: (X )Herewith (_)Under Separate Cover via: (_)As You Requested: FOR YOUR: (X )Approval (_)Distribution to Parties (_)Information (X )Review&Comment (_)Record ()Use THE FOLLOWING: (X )Drawings (_)Shop Drawing Prints (_)Samples |)Specifications (_)Shop Drawings (electronic)(_)Product Literature {)Change Order ()Other: #ofCopies |Date |Description -_ 2ea 9/13/12 Cheesh-Na Tribal Council District Heating System 95%Design Documents in 11x17 hardcopy,plus one electronic copy on CD in Adobe .pdf format Remarks: Please provide comments or approval at your earliest convenience.Thank you. Copies To:(With Enclosures)|By:Paul Weisner,PEO|fod[phir ()Signature é Phone (907)349-1010 CE2 Engineers,Inc.COST ESTIMATE FOR CHISTOCHINA WOOD PELLET DISTRICT HEAT PROJECT-Base Project Budget Budget Cost to Cost to Budget Item Description Quantity |Unit Unit Cost Subtotal Date Complete |Completion |Variance 1.[Construction Management 1 LS |$28,000 |$28,000 |$-|$-|$-|$: 2 _|Supplied Labor 1 is {$43,000 |$43,000}$-|$-|$-|$- 3 _|Force Account Labor 1 LS_|$17,850 |$17,850 |$-|$-|$-|$3 : 4 _|Small Procurement ($5,000 and less)1 LS _{$§,920 |$5,920!$-|$-{$-{$- 5 ___|Material over $5,000 1 LS_|$214,618 |$214,618 |$-1$-L$-1$: 6 Freight 1 LS $29,800 |$29,800 |$-|$-|$-1$: 7 |Equipment 4 LS |$20,700 {|$20,700 |$-|$-|$-{1$- 8 _|Subcontractors 1 LS |$8,000 |$8,000 |$-|$-[$-L$- SubTotal[$_367,888|$-[$-[$-[$-| Project Estimate |$367,888 | } 10__[AEA Fixed Costs |L$-] 10%Contingency |$36,789 | Total Project Budget |$404,677 | Assumptions: 1)Local Force Account Labor will be available 2)Equipment will be available from focal contractor in Chistochina 3)Room and Board for Supt,plumber,electrician available from local B&Bs.If Chistochina duplex can be used,costs can go down $2K to $3K. 4)High end cost of heat module used ($145K)for budgetary purposes. Chistochina New Base Cost Estimate Base 05-21-2012.xIsx Project Total Page 1 of 11 5/22/2012 CE2 Engineers,Inc.COST ESTIMATE FOR CHISTOCHINA WOOD PELLET DISTRICT HEAT PROJECT-Alternate 1 Budget Budget Cost to Cost to Cost at Budget{tem Description Quantity |Unit Unit Cost Subtotal Date Complete |Completion |Variance 1 {Construction Management 4 LS |$30,500 |$30,500 |$$-|$-|3 - 2 {Supplied Labor 1 LS |$51,000 |$51,000 |$$-1$-|$: 3 _{Force Account Labor 1 LS _[$23,400 |$23,400!$$-|$-|$- 4 _|Small Procurement ($5,000 and less)4 LS_1$7,280 |$7,280 |$$-|$-|$: 5 Material over $5,000 1 LS $237,424 |$237,424 |$$-|$-($- 6 Freight 1 LS $29,800 |$29,800 |$$-{$-|$: 7 _|Equipment 1 LS 13 24,200|$24,200 |$$-|$-|$: 8 {Subcontractors 1 LS_|$10,000 |$10,000 |$$-L$-1$: SubTotal{$_413,604|$$-|$-[$-| Project Estimate |$413,604 | 10 [AEA Fixed Costs L$-| 10%Contingency |$41,360| Total Project Budget |$454,964| Chistochina New Base Cost Estimate Alt 1 05-21-2012.xIsx Assumptions: 1)Local Force Account Labor will be available 2)Equipment will be available from local contractor in Chistochina 3)Room and Board for Supt,plumber,electrician available from local B&Bs.If Chistochina duplex can be used,costs can go down $2K to $3K.4)High end cost of heat module used ($145K)for budgetary purposes.5)Alternate 1 includes underground pex piping from Community Building to Tribal Annex.It does not include connections to the Shop. Project Total Page4-of 44--5/22/2012 CE2 Engineers,Inc.COST ESTIMATE FOR CHISTOCHINA WOOD PELLET DISTRICT HEAT PROJECT-Alternate 2 Budget Budget Cost to Cost to Cost at BudgetItemDescriptionQuantity|Unit Unit Cost Subtotal Date Complete |Completion |Variance 1 Construction Management 4 LS $32,500 |$32,500 |$-L$-1$-|$: 2 __|Supplied Labor 1 LS _|$54,000 |$54,000 |$-|$-|$-|$: 3__|Force Account Labor 1 LS $26,700 |$26,700 |$-[$-1$-|$: 4 |Smaill Procurement ($5,000 and fess)1 LS $8,600 |$8600 |$-|$-{$-|$- §__|Material over $5,000 1 LS $252,246 |$252,246 |$-1$-1 $-|$- 6__|Freight 1 LS.{$29,800 |$29,800 |$-[$-|$-1$: 7 {Equipment 1 Ls_|$29,700 |$29,700}$-1$-|$-|$- 8 _|Subcontractors 1 LS_|[$10,000 |$10,000 |$-|$-L$-|$: SubTotal[$__443,546 $-[$-[$-[$-| Project Estimate |$443,546| 10 _JAEA Fixed Costs L$-| 10%Contingency |$44,355 | Total Project Budget |$487,901 | Assumptions: 1)Local Force Account Labor will be available 2)Equipment will be available from local contractor in Chistochina 3)Room and Board for Supt,plumber,electrician available from local B&Bs.If Chistochina duplex can be used,costs can go down $2K to $3K. 4)High end cost of heat module used ($145K)for budgetary purposes. 5)Alternate 2 includes underground pex piping from Community Building to Washeteria. It does include the cost of arctic box,piping,and internal mechanical equipment to the Washeteria. 6)Alternate 2 costs DO NOT include the cost of arctic box,piping,or internal mechanical equipment and electrical to Tribal Annex nor Shop. Chistochina New Base Cost Estimate Alternate 2 05-21-2012.xIsx Project Total Page-tof 10 §/22/2012 CE2 Engineers,Inc.COST ESTIMATE FOR CHISTOCHINA WOOD PELLET DISTRICT HEAT PROJECT-Shop Building Heat Connection Budget Budget Cost to Cost to Cost at BudgetItemDescriptionQuantity|Unit Unit Cost Subtotal Date Complete |Completion |Variance 1 Construction Management 1 LS $1,100 |$1,100 |$-[$-{$-|$- 2 {Supplied Labor 1 Ls _|$3,200 |$3,200 |$-|$-|$-[$: 3___|Force Account Labor 1 LS |$1,220 |$1,220|$-L$-1$-|$: 4 {Small Procurement ($5,000 and less)1 LS _|$370 |$370 |$-{$-|$-1$: 5 __|Material over $5,000 1 Ls |$3,100 |$3.100 |$-{|$-|$-|$- 6__|Freight 1 LS _|$200!$200 |$-1$-|$-|$- 7 {Equipment 1 LS_[$200 |$200]$-|$-|$-|$- 8 _|Subcontractors 1 LS_[$1,000 |$1,000 |$-|$-|$-1|$- Sub Total [$10,390 |$-[$-[$-[$-| Project Estimate |$10,390 | [10 JAEA Fixed Costs L$-| 10%Contingency |$1,039 | Total Project Budget |$11,429| Assumptions: 1)Local Force Account Labor will be available 2)Equipment will be available from local contractor in Chistochina 3)This cost ONLY includes adding a district heat connection to the Shop Building. Chistochina New Base Cost Estimate Shop Connection 05-21-2012.xisx Project Total _-Page-t-of t0-5/22/2012 CE2 Engineers,Inc.COST ESTIMATE FOR CHISTOCHINA WOOD PELLET DISTRICT HEAT PROJECT-Tribal Annex Building Heat Connection Budget Budget Cost to Cost to Cost at BudgetItemDescriptionQuantity|Unit Unit Cost Subtotal Date Complete |Completion |Variance 1__|Construction Management 1 LS |$1,100 |$1,100 |$-|$-[$-|$- 2 _|Supplied Labor 1 LS_|[$8,000 |$8,000 |$-1$-|$-|$: 3 __|Force Account Labor 1 LS_|$2,300 |$2,300 |$-[$-|$-|$: 4 _|Small Procurement ($5,000 and less)1 Ls i$370 |$370|$-|$-|$-|$- 5 ___|Material over $5,000 1 LS _{$8,000 |$8,000 |$-L$-|$-1$: 6 ___|Freight 1 LS_1$350 |$350 |$-|$-|$-|$- 7 _|Equipment 1 LS _{$400/$400|$-|$-|$-{$- 8 _|Subcontractors 1 LS_{[$2,000 |$2,000 |$-[$-|$-1$: Sub Total [$___22,520|§-[$-[$[3 =] Project Estimate |$22,520| 10 [AEA Fixed Costs |1 $-| 10%Contingency |$2,252 | Total Project Budget |$24,772| Assumptions: 1)Local Force Account Labor will be available 2)Equipment will be available from local contractor in Chistochina 3)This cost ONLY includes adding a district heat connection to the Tribal Annex Building. Chistochina New Base Cost Estimate Tribal Annex Connection 05-21-2012.xIsx Project Total Page.1-of-11 5/22/2012 James Vail From:George Drinkwater <gtd@mstc.org> Sent:Wednesday,July 22,2015 1:40 PM To:James Vail Subject:Fwd:Fuel costs Chistochina clinic Sent from my iPhone Begin forwarded message: From:Jeanie Farley <jfarley@alaskaaccounting.com> Date:July 22,2015 at 11:32:32 AM AKDT To:Drinkwater George <gtd@mstc.org> Subject:Fuel costs They change often so I am giving youa lot of information here: June 2015 2.759 per gallon February 2015 2.859 per gallon February 2015 2.959 per gallon January 2015 3.009 per gallon December 2014 3.059 per gallon December 2014 3.259 per gallon December 2014 3.159 per gallon November 2014 3.859 per gallon November 2014 3.409 per gallon November 2014 3.359 per gallon October 2014 3.609 per gallon September 2014 3.709 per gallon Jeanie Farley Alaska Accounting Solutions,Inc. jfarley@alaskaaccounting.com 907-337-9192 voice 907-632-4451 cell 888-512-1619 fax Pacific iy eereesePASTE'63 i oe"Bm allindustrial&commercial plumbing &heating Anchorage Office phone 907.382.2068 fax 907.272.8389 200 West 34th #347 Anchorage,Alaska 99503 March 01,2013 To:Cheesh'na Tribal Council RE:District Heating System RFQ Att:Lori Richter P.E,Tribal Engineer Pacific Rim Mechanical LLC is honored to have the opportunity to provide a quote for the Cheesh'na Tribal Council District Heating System. Addendum 1 has been recognized. The following information has been provided by Maine Energy Systems (MESYS)in conjunction with Pacific Rim Mechanical LLC to provide you with a clear understanding of the services to be offered for the said project. Pacific Rim Mechanical LLC is a licensed OkoFen Pellet Boiler dealer anda Certified OkoFen Pellet Boiler Installer.We have two "Level 1”Technicians available in Anchorage and in Haines,Alaska with one more Boiler Technician attending class in April at the Bethel,Maine Facility.Two of us will be attending the "Level 2”class in April as well.Logistically we feel that we are only a phone call away from providing emergency service or scheduled service of the supplied equipment. The Pacific Rim Mechanical Team has installed many heating systems throughout the years fueled by many different fuel sources.Currently we have four projects underway or completed that are Wood Pellet Fueled Systems.These systems are as follows: e Tlingit Haida Regional Housing Authority -Juneau,AK.14K square ft * metal building.lea -56KW OkoFen Boiler with a 16 ton Silo.(Charlie Horvath) e Chilkoot Indian Association -Haines,AK.6500 Square ft building,lea - 56kw OkoFen Boiler with lea -3 ton indoor storage bin.(Dave Berry) shawn@pacrimmechanical.com e City of Haines/Catholic Services -Senior Center -Haines,AK.2500 Square ft commercial building.lea -32 KW OkoFen Boiler with a 16 ton Silo.(Carlos Jiminez) e Olerudes Grocery Store -Haines,AK.|ea -56kw OkoFen Boiler with a 12 ton Silo.(Doug Olerude) Pacific Rim Mechanical Projects under way this year other than the above mentioned projects are as follows: e Native Village of Klukwaan -Jilkaat Kwaan Cultural Heritage Center - Klukwaan,AK.15K Square ft Museum and Commercial Kitchen (Fuel Oil Boiler.) e City of Akutan -Akutan Corporation -Akutan,AK.4K Square ft Day Care facility.(Fuel oil Boiler) e Tikigak Corporation -Point Hope,AK.Above ground and below ground utilities project consisting of arctic pipe water,sewer and heat lines to 8 different facilities. e Port Chilkoot Distillery -Haines,AK.Steam generated boiler and associated piping to produce distilled liquor.Private owner. e City of Haines -Sea Boiler replacements and associated piping.Boilers ranging from 300K BTU to 700K BTU. ©City of Haines -Haines Borough School District.Fire Pump and Fire Tank replacement at Mosquito Lake School -Mosquito Lake,AK. Summary: As you can see from our present work load,Pacific Rim Mechanical is a well rounded company with competent office resources coupled with highly skilled personnel.We work exclusively in Rural Alaska and work hand in hand with Tribal Government well.We look forward to working side by side with local shareholders to complete this project on time and within budget.Please see the following attachments to support this quotation in full,but don't hesitate tto callwithanyquestions,concerns or clarification on this quote.. Note: The Maine Energy Systems 'Energy Box'that is in the specified system does not require buffering tanks.The buffering tanks are included in the price,but would PacRimMechanical.com shawn@pacrimmechanical.com more likely be a deduction if it is agreeable upon to delete,by the Engineer of Record for the project. Regards, Shawn O'Brien Owner Pacific Rim Mechanical LLC PacRimMechanical.com shawn@pacrimmechanical.com MAINE ENERGY SYSTEMS RE:Cheesh'na Tribal Council District Heating System MESys AutoPellet Licensed by OKoFEN Cascade Boiler System Included Materials: 1.Type E Energy Box with no internal storage equipped to be fed from external silo storage system with vacuum lines,equipped with internal wiring and external stacks. 2.PETS224--4 MESys AutoPellet ASME "H”stamped and UL Listed Boilers in Cascade with controls with output capacity of 224kW or 764,288 BTU/Hr with full modulation with minimum output of 56kW or 191,000 BTU/Hr.Pellet Boilers are rated 87%efficient. 3.MES York Silo -30 Ton capacity silo with drop boot custom for vacuum feed system with MESys pellet feed lines. Warranty: >Energy Box Warranty:1 Year against any defects in construction >Boiler Vessel Warranty:5 Years 100%coverage,Pro-Rated 20 Years >Boiler Parts:All moving parts,controls etc.2 Years 100% Maintenance Requirements: >Boiler Ash Box:Ash Box must be manually removed once every 2 tons of pellets are burned per boiler taking 90 Seconds per empty.Ash box may be removed while system is at full fire,with no interruption of the burn or energy output and with no efficiency loss.Total yearly removal time of:2 Hours >Yearly Cleaning:Each individual boiler must be cleaned once annually and checked for system operation etc.This process to be completed by the installing contractor or other MESys trained and certified technician.Total yearly cleaning time:8 Hours Experience and System Notes: >Maine Energy Systems has built multiple Energy Boxes for commercial and municipal use.For references please contact Matt Bray,Sales Director at 207.824.6730 >Energy Box Buildings are built in the Bethel,Maine using lumber from Maine and Canada and Boilers are built in Bethel,Maine under licensure of OkoFEN Austria. Systems meet AARA Built in America Standards. >OkoFEN has over 45,000 AutoPellet systems worldwide in 17 different Countries on 4 continents.The system is fully modulating,and is built to heat for both peak load and shoulder seasons with the same efficiency and dependability. >Boilers are to be used with Premium Grade Wood Pellet Fuel. Energy Box to be Custom Built and Delivered to Seattle for Shipment North by July 1,2013 8 Airport Road,Post Office Box 547,Bethel,ME 04217 Phone:207-824-6749 info@maineeneraysystems.com www.maineenergysystems.com Pacific Rim Mechanical,LLC.Qu ote200W.34th Ave #347 Anchorage,AK 99503 Date Estimate # Phone:907-868-3972 Fax:907-272-8389 502013 13-007 Bill To: Cheesh'na Tribal Council PO Box 241 Chistochina,AK 99586 Project Description Qty Rate Total Cheesh'na Tribal Council District Heating System 0.00 0.00 Delivery -Delivery Charges 1 22,500.00 22,500.00 SILO-12-45-29 Assembly -Silo 12'x 20'1"-45 deg -29 tons 1 9,687.50 9,687.50 033123 0 MFS silo 12'x 20'1"-45 deg -28.9 ton 1 0.00 0.00 032023 -Ladder for 033123 Silo 1 0.00 0.00 BLK-10209 -Fill Kit for 033220 and 033120 Series |0.00 0.00 ZR100 -4"x 39.37"Pipe 5 0.00 0.00 ZS100 -4"Clamp Ring w/gasket 6 0.00 0.00 Male CAMx 4"Shank -Male CAM x 4"Shank 1 0.00 0.00 400DC-AL -Dixon Dust Cap 1 0.00 0.00 510 -Incoming Freight 1 0.00 0.00 PETS224 Assembly -4 -56Kw Vacuum Boiler 764,000 BTU 1 77,812.50 77,812.50 PETS224 -Pellet Boiler for Vacuum Systems 1 0.00 0.00 PEASCHRE-Right Ash Compression &Ash Box 1 0.00 0.00 PEASCHRE-Right Ash Compression &Ash Box 1 0.00 0.00 PEASCHRE-Right Ash Compression &Ash Box |0.00 0.00 PEASCHRE-Right Ash Compression &Ash Box i 0.00 0.00 12104720 -Boiler Side Pellet Suction Hose 66"4 0.00 0.00 SWS-M -Vacuum System Metering Unit 4 0.00 0.00 Gauge Kit -Low Water Cut Off -Tridicator -Pressure 4 0.00 0.00 Release Incoming Freight 4 0.00 0.00 E1307US -Heating Controller for |Heating Zone 1 0.00 0.00 Drop Boot -4 Leg -4 legged drop boot for outdoor silo to S-SWS 1 1,125.00 1,125.00 CES-C -Building Assembly -Containerized Energy System C 1 20,000.00 20,000.00 Building with Electric &Stack Buffer Tank 3 2,200.00 6,600.00 Heating System Piping 1 9,000.00 9,000.00 Heat Expansion Tank 1 1,300.00 1,300.00 Total $148,025.00 3000 tt ry Zane i] Z =| 400 So L BN A AZOV 158 I %© Fink Machine Inc. CHEESH-NA Electrical pare June 5/2013 |woo:PYROT 220 sae NTS |e BO56 |owns mm aeweCt/ 200A,206V,32,4W.Panel ||c- ¢ 4p Ce CCG 30410 RWOD 20814 RWEO In EMT le EMT 2c #14 RWOO 20 #14 RWOO 2r #14 RWS 26 #40 RWOOInEMTinEMEP-inEMT >-in EMT O ..5 mt al Boller Supply Power Lights &EXIT light Mainline Pump Mainline Pump Receptacle Receptade Recepiacle400V,15.64.30 1Z0V,OOW,18 240¥,3A,18 2AQV,3A,18 120 120V 240v CHEESH-NA Fink ElectricalMachineoseJune5/2013 |wove:PYROT 220 scae NTS [00 BO56 oNiTs mm 1876 $1 TAD.==)a|Arctic Box \1005 |_s0a 3400 a 8200 o/to). HKG [rstq =7 ire, "iat ocaimsrlFl i #4 | Silo @4.27m (14') 45 Tonnes 2573 2425 {-Pyrot ASME 220kw Pellet Boiler 2-Control Panel -Main Fuse :50A -Dimensions :1200 x 1000 x 300 mm 3-Infeed Module -208V 60Hz,0.25KW,3ph-T90 3xAWG14 4-Cyclone 5-Pneumatic Pipe Cleaning System 24VDC 6-Chimney @250mm 7-Pellet Silo 014" 8-Boller Pump -Grundfos UPS 40-80 F +12ft «37gpm -208V 60Hz,1.24A,3ph -T90 3xAWG14 9-Two Expansion Tank -EXTROL SX-110V -100 psig -Acceptance Volume 128L 10-Exhaust Blower -208V,60Hz,0.75KW,3ph -T80 3xAWG14 11-Air Compressor -3.8gpm -SOpsi -120V-1-60HZ-13A -1 HP -Supply 15A RW90-14AWG 12-Ascending auger -208V ,60Hz,0.7S5KW,3ph -T90 3xAWG14 13-Grate Drive -208V,60Hz,0.12KW,ph-T90 3xAWG14 14-Rotatlon Blower -208V,60Hz,0.18KW,1ph -T80 3xAWG14 15-Cirucit Breaker Panel -Slemen EQ Loadcenter FQ4420)200 -Power Supply 208V,3Ph,80A,60Hz, oL.4,L2,L3/N/G 16-2-1/2"Flamcovent 17-Hot Water Relief Valve -1"Apoilo 30psi 18-Heat Exchanger attached to the ceiling 30kw.{optional} 19-Hot Water Storage Tank -ASME 20004.$13THCHEESH-NA Fink ContractorMachine Inc.PYROT 220DATEJuly3/2013 |MODEL: scae NTS [ons B056 UNITS mm 6050 80002618400,760 eon -Kags oe [BI] |_ =7 29817500 2891LStopcp20227702Silo @4,27m (14') 45 Tonnes 2619 2425 61336841-Pyrot ASME 220kw Pellet Boiler 2-Control Panel -Main Fuse :50A -Dimensions :1200 x 1000 x 300 mm 3-Infeed Module -208V,60Hz,0.25KW,3ph -T90 3xAWG14 4-Cyclone 5-Pneumatic Pipe Cleaning System 24VDC 6-Chimney @250mm 7-Pellet Silo @14' 8-Boiler Pump -Grundfos UPS 40-60 F -12ft -37gpm -208V,60Hz,1.24A,3ph -T90 3xAWG14 9-One Expansion Tank -EXTROL SX-160V -100 psig -Acceptance Volume 174L 10-Exhaust Biower -208V,60Hz,0.75KW,3ph -T90 3xAWG14 11-Air Compressor -3.8gpm -90psi -120V-1-60Hz-13A -1 HP -Supply 15A RW90-14AWG 12-Ascending auger -208V,60HZz,0.75KW,3ph -T90 3xAWG14 13-Grate Drive -208V,60Hz,0.12KW,fph -T90 3xAWG14 14-Rotation Blower -208V,60Hz,0.18KW,tph -T90 3xAWG14 15-Cirucit Breaker Panel Siemen EQ Loadcenter EQ442QJ200 Power Supply 208V,3Ph,80A,60Hz, -L1,L2,L3/N/G 16-2-1/2"Flamco 17-Hot Water Relief Valve -1"Apollo 30psi 18-Heat Exchanger attached to the ceiling 30kw.(optional) 19-Hot Water Storage Tank -ASME 20C0L CHEESH-NA M im Contractoracnine Inc pate =June 5/2013 MODEL:PYROT 220 scale NTS |usos#BO56 units mm