TECHNICAL_AND_GENERAL_PROVISIONS_FOR_UTILITY_SERVICE_REV.3.pdf

‘Rghde09107’/fs01/78CEG/CEOE/Utility Management/Utilities/Natural Gas/Contract 2012-17

05 FEB 2013

TECHNICAL AND GENERAL PROVISIONS FOR UTILITY SERVICE

I. SCOPE. This Technical and General Provisions for Utility Service defines the effort required for the acquisition of interruptible natural gas as defined in the Gas Service Specifications #20.

It also includes requirements of the Government regarding the measurement and monitoring of the natural gas at the main inlet point(s).

II. TECHNICAL PROVISIONS

1. DEFINITIONS.

a. The contract quantities shown in Exhibit A are best estimates only of the

Government’s requirements for the contract period. The Contractor shall furnish all labor, material, tools, equipment and incidentals to supply and deliver direct supply natural gas as defined in the Gas Service Specifications #20.

b. As used throughout this contract and attachments, Dth means dekatherm; USD means U.S. Dollars.

2. MEASUREMENT OF SERVICE

a. All service furnished by the contractor shall be measured by metering equipment of standard manufacture, furnished, installed, maintained, calibrated, and read by the Contractor at his expense. The Contractor shall provide near real-time access to metering data by providing remote access directly to the meter register or by providing a

15-minute scaled pulse output and a data recorder that can be accessed and read remotely by the Government.

b. When more than a single meter is installed at the service location, the readings thereof shall be billed conjunctively (as a single point of delivery). In the event that any meter fails to register, or registers incorrectly, the quantity of service delivered through the meter during that period shall be determined and an equitable adjustment based thereon shall be made in the Government's bills (for this purpose any meter which registers not more than two (2) percent slow or fast shall be deemed correct). Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

c. The Contractor shall read all meters at 24-hour intervals minimum with the period beginning at 10:00am each day. A report of Total Daily Demand usage shall be provided with monthly billings. The billing period and report shall begin with the first day of the month and end with the last day of the month. All billings shall be based on meter readings obtained between twenty-eight (28) to thirty-one (31) days, and be based upon the consumption recorded in Total Daily Demand Report. The Total Daily Demand

Report shall include (i) units of total daily demand gathered, (ii) the conversion factor(s) used to convert total usage to Dth, and (iii) the total usage in Dth.

3. METER TEST. The Contractor, at his expense, shall periodically inspect and test the meters installed by him, at intervals of no longer than one (1) year. The results of all inspections and testing shall be provided to the Contracting Officer within thirty (30) days of completion. At the written request of the Contracting Officer, the Contractor, in the presence of Government representatives, shall make additional tests of any or all meters. The cost of such additional tests shall be borne by the Government if the percentage of error is found to be not more than two (2) percent slow or fast. No meter shall be placed in service which on test registers in excess of ten (10) percent under normal operating conditions.

III. GENERAL PROVISIONS.

1. PERIOD OF PERFORMANCE. The period of performance for this contract shall be for 12 months.

2. PAYMENT.

a. The Contractor shall be paid by the designated disbursing officer for service furnished hereunder at the rates specified.

b. Monthly payments hereunder shall be contingent upon the availability of appropriations therefore, and shall not be made in advance of the service rendered.

Accounting and appropriation information shall be cited on each modification as issued.

c. All bills for service shall be paid without penalty or interest and the

Government shall be entitled to any discounts customarily applicable to payment of bills by all customers of the Contractor.

d. Invoices for service rendered hereunder shall include the service period, number of days actually billed, previous and current month meter readings, meter constants, total consumption volume during the billing period, itemized components to include any unbundled services, commodity, conversion factors applied to convert/report in mcf, the unit cost, the LDC transport cost, applicable line loss, applicable penalty conditions upon late payments, and such other pertinent data as shall be required by the

Government.

e. The Contractor hereby declares that rates are not in excess of the lowest rates now available to any existing or prospective customer under like conditions of service, or of the same classification, and agrees that during the life of this contract the Government shall continue to be billed at the lowest available rate for similar conditions of service.

2. RATES AND CHARGES.

a. For all service furnished under this contract to the service location, the

Government shall pay the Contractor at the rates specified in the rate schedules attached hereto and made a part of this contract.

b. For purposes of charges under this paragraph 2, any demands due to faulty operation of, or to excessive or fluctuating pressure on, the Contractor’s system shall not be included as part of the Government’s demand.

c. If upon twenty-four (24) hours notice by contractor, Government fails to comply with a notice of curtailment or interruption calling for complete or partial curtailment, or interruption of natural gas deliveries hereunder, and by reason thereof, the

Contractor incurs penalties and higher gas cost, then the Government will be charged for the amount of such penalties and higher gas cost which are attributed to the

Government’s failure to comply with such curtailment notice.

3. CHANGE IN VOLUME OR CHARACTER OF SERVICE. The Contracting Officer shall give reasonable notice to the contractor respecting any material changes anticipated in the volume or characteristics of the utility service required.

4. CONTINUITY OF SERVICE AND CONSUMPTION.

a. The Contractor shall use reasonable diligence to provide a regular supply of service at the service location, but shall not be liable to the Government for damages, breach of contract, or otherwise, for failure, suspension, diminution, or other variations of service occasioned by any cause beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, transmission or other facilities; provided that when any failure, suspension, diminution or variation of service shall aggregate more than twenty-four (24) hours during any billing period hereunder, an equitable adjustment shall be made in the monthly rates specified in this contract (including the minimum monthly charge).

b. In the event the Government is unable to operate the service location in whole or in part for any cause beyond its control and without its fault or negligence, including but not limited to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, or strikes, an equitable adjustment shall be made in the monthly rates specified in this contract (including the minimum monthly charge) if the period during which the Government is unable to operate the service location in whole or in part shall exceed fifteen (15) days during any billing period hereunder.

5. CONFLICTS. To the extent of any inconsistency between the provisions of this contract, and the provisions of any schedule, rider, or exhibit incorporated in this contract by reference or otherwise, the provisions of this contract shall control.