Appendix_13_-_Connection_Charge_Agreement.docx
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APPENDIX 13
CONNECTION CHARGE AGREEMENT
| THIS CONNECTION CHARGE AGREEMENT between _____________ (Contractor) and Valley Electric Association, Inc. (VEA) (Utility Owner) is entered into as of this ____ day of _____________, 20___. |
| WHEREAS, Contractor and the United States Government (Government) entered into Contract No. ________________ for construction of ________________ (the Project) located at ___________ Creech Air Force Base and/or Southern Ranges of Nevada Test and Training Range (collectively the “Construction Contract”); |
| WHEREAS, in accordance with the Department of Defense utilities privatization (UP) program, Utility Owner entered into a utility services contract under Contract No. SPE600-12-C-8270 (the UP Contract) with the Government to assume ownership, operations and maintenance of the electrical utility systems at the installation, as well as to furnish all necessary labor, management, supervision, permits, equipment, supplies, materials, transportation, and any other incidental services required for the complete ownership, operation, maintenance, repair, upgrade, and improvement of these utility systems in accordance with all terms, conditions, and special contract requirements, specifications, attachments, and drawings contained in the UP Contract or incorporated by reference therein; |
| NOW, THEREFORE, in consideration of the mutual covenants contained herein as well as other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree to the following terms and conditions of this Connection Charge Agreement: |
[Insert Statement of Work for connecting facilities.] [Insert Schedule provisions and penalties for connecting facilities] [Insert Pricing and Payment provisions] [Insert any other special provisions specific to the relationship between the construction contractor and the UP contractor, e.g., disputes, risk allocation, liability, etc.] Any disputes between the Contractor and the Utility Owner shall be resolved by and between the parties to this Agreement and shall not be cognizable under the Disputes provisions of the Construction Contract or the UP Contract.
The parties acknowledge that installation of connecting facilities pursuant to a connection charge falls within the utility services provisions of Federal Acquisition Regulation (FAR) Part 41 and thus, is not a construction sub-contract. Therefore, the terms and conditions of the UP Contract shall govern the relationship between the Utility Owner and the Government, including the Utility Owner’s responsibility for compliance with applicable statutes and regulations.
Notices: All notices shall be delivered or sent to the respective parties at the respective addresses set forth below or to such different addresses as the respective parties may from time to time designate by notice properly given hereunder.
If to Utility Owner:
If to Contractor:
IN WITNESS WHEREOF, this Connection Charge Agreement is signed, sealed and delivered as of as of this ____ day of _____________, 20_______.
[Utility Owner]
| By: | _______________________________ |
| Name: _______________________________ | |
| Title: _______________________________ | |
| [Contractor] |
| By: | _______________________________ | |
| Name: _______________________________ | ||
| Title: ____________________________ |
Valley Electric Association, Inc.
Chris Tomchuk, P.E.
800 E. Highway 372 Pahrump, NV 89048 Tel: 775-513-9625; 775-727-2183 Email: ctomchuck@vea.coop
17 June 2013
File details come from the government source that posted it. Updated .