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US Ceaenl Services AdministtatioD F.nerg Dividon PuiJiic Buildlae vice Wulaiagtoa.DC2e40S Areawide Pu•ue Utilities Coatra« NAVAJO TRIBAL UTILITY AUTHORITY Fort Defiance, Arizona Electric, Natural Gas, Water, Waste Water and Energy Management Services Contract No. GS-OOP-14-BSD- t 060 From: October 20,2014 To: October 19, 2024

GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

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Page 1: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

USCeaenl Services AdministtatioD FnergDividon PuiJiicBuildlae Se~ vice WulaiagtoaDC2e40S

AreawidePubullue Utilities Coatralaquo

NAVAJO TRIBAL UTILITY AUTHORITY Fort Defiance Arizona

Electric Natural Gas Water Waste Water and Energy Management Services

Contract No GS-OOP-14-BSD-t 060 From October 202014 To October 19 2024

Areawide Public Utility Contract

for

Electric Natural Gas Water Waste Water and Regulated Energy Management Services

Contract No GS-OOP-14-BSD-1 060

between the

United States of America

and

Navajo Tribal Utility Authority

Fot1 Defiance Arizona

Negotiated Areawide Contract No GS~OOP-14-BSD-1060

between the United States of America

and NAVAJIO TRIBAL UTiliTY AUTHORITY

TABLE OF CONTENTS Article ~

Preamble and Whereas Clauses 1 Definitionsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull2 2 Scope and Duration of ContractHHmiddotHmiddotumiddotmiddotmiddotmiddotmiddotmiddotumiddotbullumiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot3 3 Existing Contractsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull4 4 Authorization Procedure and Service Disconnectionbull4 5 Rates Charges and Public Regulation4 6 Bills and Billing DataI 5 7 Payments for SeiVices~ ~~~5 8 Contractor-Owned Meters6 9 Equipment and Facilities6 10 Liabilitybullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddot~middotmiddot bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull6 11 Access to Premises7 12 Parties of Interest I 7 13 Representations and Certifications7 14 Supplementat Clauses7 15 Small Business Subcontracting Planbull 12 16 Noticesbullbullbull 12 17 Reporting 12 18 Utility Energy Services ContractsI bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull12 19 Miscellaneous~~l3

Signatures I 14 Certificatebullbullbullbull I 14

Authorization for Electric Service Exhibit A Authorization for Natural Gas Service Exhibit B Authorization for Water Service Exhibit C Authorization for Waste Water Service Exhibit D Authorization for Energy Management Service Exhibit E Authorization for Services Provided under the Appropriate

Regulatory Authority bullbullbullbull Exhibit F

NEGOTIATED AREA WIDE CONTRACT No GS-OlW-14-IJSI)-1060

BETWEEN TIIH UNITED STATES OF AMERICA

AND NAVAJO TRIBAL UTILITY AUTHORITY

TI-llS AREAWIDE CONTRACT FOR ELECTRIC NATURAL GAS WATER WASTE WATER AND ENERGY MANAGEMENT SERVICES PROVIDED UNDER TilE AJgtIgtROPRIATE REGULATORY AUTI-IORITY is executed this 20th day of October 2014 between the UNITED STATES OF AMERICA acting through the Administrator of General Services (hercinallcr rclcnmiddoted to as the Government) pursuant to the authority contained in 40 USC 501(b)(l) and NAVAJO TRIBAL UTILITY AUTI-IORITY an enterprise of the Navajo Nation and having its principal office and place of business at PO Box 170 Fort Dcliance Arizona 86504-0170 (hereinafter retcrrcd to as the Contractor)

WHEREAS the Govenunent has a present and continuing requirement for electric natural gas water waste water and energy management services for its Federal agencies now receiving such services from the Contractor in the service areas of the Contractor located in the States ofArizona New Mexico and Utah

WHEREAS the Contractor now has on tile with its Authorized Regulatory Body as has jurisdiction over the Contractor (hereinafter referred to collectively as the BoardBoard) all of their effective tariff rate schedules riders~ rules and regulatory terms and conditions of service as applicable

WHEREAS with some exceptions the Government is generally required by Chapter J ofTitle 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter into a bilateral contract for electric natural gas water waste water andor energy management services at each Federal facility where the value of the utility service provided is expected to exceed $150000 per year

WHEREAS where the Government has an Areawide Contract in effect with a particular utility then such utility service is normally to be procured thereunder

WHEREAS the Government is now purchasing such electric natural gas water waste water services from Navajo Tribal Utility Authority under the Areawide Public Utilities Contract for Electric Natural Gas Water Waste Water Services (Contract No GS-OOP-04-BSD-0328) that expires on September 17 2014 or under some other service arrangement and

WHEREAS the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government in obtaining electric natural gas water waste water energy management services andor services provided under the Appropriate Regulatory Authority from the Contractor and to facilitate partnering arrangements as encouraged and authorized by 10 USC 2911-2918 and 42 USC 8256

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 lgtlt liINITIONS 11 A- used in this contract (a) the tenn Areawide Contract mcuns this muster cnntract entered into between the Government and Contractor In cover the Hcquisition of utility scrvitc hy all Fcdcml agencies with li1cilitics in the service territory lhlm Contractur f(1r a pcriotl not to exceed len ( 10) years~ (b) the term Agcmy mcuns any Federal department agency or independent establishment in the executive branch of the Government any cstublishmcnt in the legislative or judicial brunches of the Federal Government or any wholly or mixed ownership Govcmmcnt eurpuration as dclincd in the Government Corpltration Control Act a list of which Agencies m1y be found by searching till~ document entitled ADM 480020 dated Fcbn1a1y 16 20 II on the General Scrvict~s Administration website~ (c) the term Ordering Agency mcm1s any Agency that is authori7cd to and obtains Utility Services under this Areawide Contract (d) the term Authori~ation means an order form used to acquire services under this areawide contract (see Exhibit A AUTHORIZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUTHORIZATION FOR WASTE WATER SERVICE and Exhibit E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit T AUTHORIZATION FOR TilE PROVISION OF SERVICES PROVIDED UN DER THE APPROPRIATE REG ULATORY AUTHORITY) annexed hereto With the exception of the provisions defined in Contractors Tariff and Contractors Terms and Conditions aJI authorizations shall be administered outside ofthe oversight and purview of the rc~ulatory environment and in accordance with the requirements of the Federal Acquisition Regulations (e) the tenn Tenninntion Authorization means an order form used by the Government to notify the Contractor that the Government wants to discontinue or disconnect a specific utility service provided under this Contract where the Authorization for Utility Services does not otherwise specify how Utility Services are to be terminated (SEE EXHIBIT 11 A AUTHORIZATION FOR ELECTRIC SERVICE EXIIIBIT B AUTHORIZATION FOR NATURAL GAS SERVICE EXHIBIT C AUTHORIZATION FOR WATER SERVICE EXHIBIT D AUTHORIZATION FOR WASTE WATER SERVICE AND EXHIBIT E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE ANDOR EXHIBIT F AUTHORIZATION FOR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTIIORITY) (f) the term Service means any electric natural gas water waste water andor energy management services generally available from the Contractor pursuant to its Tariff or its Terms and Conditions whichever is applicable (g) the term Electric Service means regulated electric commodities (where applicable) transmission distribution andor regulated services related services include but are not limited to maintenance operations and emergency response (h) the term Natural Gas Service means natural gas commodities (where applicable) transportation distribution andor related services (i) the term Energy Conservation Measure means any specific energy related or water project intended to provide energy savings andor demand reduction in Federal facilities (Reference Article 18 herein) (j) the term Energy Management Service (EMS) means any project that reduces andor manages energy demand in a facility as well as those services that detennine whether such reductions are feasible (such as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure Such measures include but are not limited to operating maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent tenns and may result from Energy Management Services) To be considered an EMS measure the measure must satisfy all of the following requirements

I the EMS measure must produce measurable energy reductions or measurable amounts ofcontrolled energy andor water use 2 the EMS measure must be directly related to the use of energy or directly control the use of

energy or water~

3 the preponderance ofwork covered by the EMS measure (measured in dollars) must be for Items I and 2 above and 4 the EMS measure must be an improvement to real property

2

(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

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104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 2: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

Areawide Public Utility Contract

for

Electric Natural Gas Water Waste Water and Regulated Energy Management Services

Contract No GS-OOP-14-BSD-1 060

between the

United States of America

and

Navajo Tribal Utility Authority

Fot1 Defiance Arizona

Negotiated Areawide Contract No GS~OOP-14-BSD-1060

between the United States of America

and NAVAJIO TRIBAL UTiliTY AUTHORITY

TABLE OF CONTENTS Article ~

Preamble and Whereas Clauses 1 Definitionsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull2 2 Scope and Duration of ContractHHmiddotHmiddotumiddotmiddotmiddotmiddotmiddotmiddotumiddotbullumiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot3 3 Existing Contractsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull4 4 Authorization Procedure and Service Disconnectionbull4 5 Rates Charges and Public Regulation4 6 Bills and Billing DataI 5 7 Payments for SeiVices~ ~~~5 8 Contractor-Owned Meters6 9 Equipment and Facilities6 10 Liabilitybullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddot~middotmiddot bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull6 11 Access to Premises7 12 Parties of Interest I 7 13 Representations and Certifications7 14 Supplementat Clauses7 15 Small Business Subcontracting Planbull 12 16 Noticesbullbullbull 12 17 Reporting 12 18 Utility Energy Services ContractsI bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull12 19 Miscellaneous~~l3

Signatures I 14 Certificatebullbullbullbull I 14

Authorization for Electric Service Exhibit A Authorization for Natural Gas Service Exhibit B Authorization for Water Service Exhibit C Authorization for Waste Water Service Exhibit D Authorization for Energy Management Service Exhibit E Authorization for Services Provided under the Appropriate

Regulatory Authority bullbullbullbull Exhibit F

NEGOTIATED AREA WIDE CONTRACT No GS-OlW-14-IJSI)-1060

BETWEEN TIIH UNITED STATES OF AMERICA

AND NAVAJO TRIBAL UTILITY AUTHORITY

TI-llS AREAWIDE CONTRACT FOR ELECTRIC NATURAL GAS WATER WASTE WATER AND ENERGY MANAGEMENT SERVICES PROVIDED UNDER TilE AJgtIgtROPRIATE REGULATORY AUTI-IORITY is executed this 20th day of October 2014 between the UNITED STATES OF AMERICA acting through the Administrator of General Services (hercinallcr rclcnmiddoted to as the Government) pursuant to the authority contained in 40 USC 501(b)(l) and NAVAJO TRIBAL UTILITY AUTI-IORITY an enterprise of the Navajo Nation and having its principal office and place of business at PO Box 170 Fort Dcliance Arizona 86504-0170 (hereinafter retcrrcd to as the Contractor)

WHEREAS the Govenunent has a present and continuing requirement for electric natural gas water waste water and energy management services for its Federal agencies now receiving such services from the Contractor in the service areas of the Contractor located in the States ofArizona New Mexico and Utah

WHEREAS the Contractor now has on tile with its Authorized Regulatory Body as has jurisdiction over the Contractor (hereinafter referred to collectively as the BoardBoard) all of their effective tariff rate schedules riders~ rules and regulatory terms and conditions of service as applicable

WHEREAS with some exceptions the Government is generally required by Chapter J ofTitle 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter into a bilateral contract for electric natural gas water waste water andor energy management services at each Federal facility where the value of the utility service provided is expected to exceed $150000 per year

WHEREAS where the Government has an Areawide Contract in effect with a particular utility then such utility service is normally to be procured thereunder

WHEREAS the Government is now purchasing such electric natural gas water waste water services from Navajo Tribal Utility Authority under the Areawide Public Utilities Contract for Electric Natural Gas Water Waste Water Services (Contract No GS-OOP-04-BSD-0328) that expires on September 17 2014 or under some other service arrangement and

WHEREAS the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government in obtaining electric natural gas water waste water energy management services andor services provided under the Appropriate Regulatory Authority from the Contractor and to facilitate partnering arrangements as encouraged and authorized by 10 USC 2911-2918 and 42 USC 8256

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 lgtlt liINITIONS 11 A- used in this contract (a) the tenn Areawide Contract mcuns this muster cnntract entered into between the Government and Contractor In cover the Hcquisition of utility scrvitc hy all Fcdcml agencies with li1cilitics in the service territory lhlm Contractur f(1r a pcriotl not to exceed len ( 10) years~ (b) the term Agcmy mcuns any Federal department agency or independent establishment in the executive branch of the Government any cstublishmcnt in the legislative or judicial brunches of the Federal Government or any wholly or mixed ownership Govcmmcnt eurpuration as dclincd in the Government Corpltration Control Act a list of which Agencies m1y be found by searching till~ document entitled ADM 480020 dated Fcbn1a1y 16 20 II on the General Scrvict~s Administration website~ (c) the term Ordering Agency mcm1s any Agency that is authori7cd to and obtains Utility Services under this Areawide Contract (d) the term Authori~ation means an order form used to acquire services under this areawide contract (see Exhibit A AUTHORIZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUTHORIZATION FOR WASTE WATER SERVICE and Exhibit E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit T AUTHORIZATION FOR TilE PROVISION OF SERVICES PROVIDED UN DER THE APPROPRIATE REG ULATORY AUTHORITY) annexed hereto With the exception of the provisions defined in Contractors Tariff and Contractors Terms and Conditions aJI authorizations shall be administered outside ofthe oversight and purview of the rc~ulatory environment and in accordance with the requirements of the Federal Acquisition Regulations (e) the tenn Tenninntion Authorization means an order form used by the Government to notify the Contractor that the Government wants to discontinue or disconnect a specific utility service provided under this Contract where the Authorization for Utility Services does not otherwise specify how Utility Services are to be terminated (SEE EXHIBIT 11 A AUTHORIZATION FOR ELECTRIC SERVICE EXIIIBIT B AUTHORIZATION FOR NATURAL GAS SERVICE EXHIBIT C AUTHORIZATION FOR WATER SERVICE EXHIBIT D AUTHORIZATION FOR WASTE WATER SERVICE AND EXHIBIT E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE ANDOR EXHIBIT F AUTHORIZATION FOR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTIIORITY) (f) the term Service means any electric natural gas water waste water andor energy management services generally available from the Contractor pursuant to its Tariff or its Terms and Conditions whichever is applicable (g) the term Electric Service means regulated electric commodities (where applicable) transmission distribution andor regulated services related services include but are not limited to maintenance operations and emergency response (h) the term Natural Gas Service means natural gas commodities (where applicable) transportation distribution andor related services (i) the term Energy Conservation Measure means any specific energy related or water project intended to provide energy savings andor demand reduction in Federal facilities (Reference Article 18 herein) (j) the term Energy Management Service (EMS) means any project that reduces andor manages energy demand in a facility as well as those services that detennine whether such reductions are feasible (such as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure Such measures include but are not limited to operating maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent tenns and may result from Energy Management Services) To be considered an EMS measure the measure must satisfy all of the following requirements

I the EMS measure must produce measurable energy reductions or measurable amounts ofcontrolled energy andor water use 2 the EMS measure must be directly related to the use of energy or directly control the use of

energy or water~

3 the preponderance ofwork covered by the EMS measure (measured in dollars) must be for Items I and 2 above and 4 the EMS measure must be an improvement to real property

2

(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

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104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 3: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

Negotiated Areawide Contract No GS~OOP-14-BSD-1060

between the United States of America

and NAVAJIO TRIBAL UTiliTY AUTHORITY

TABLE OF CONTENTS Article ~

Preamble and Whereas Clauses 1 Definitionsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull2 2 Scope and Duration of ContractHHmiddotHmiddotumiddotmiddotmiddotmiddotmiddotmiddotumiddotbullumiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot3 3 Existing Contractsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull4 4 Authorization Procedure and Service Disconnectionbull4 5 Rates Charges and Public Regulation4 6 Bills and Billing DataI 5 7 Payments for SeiVices~ ~~~5 8 Contractor-Owned Meters6 9 Equipment and Facilities6 10 Liabilitybullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddot~middotmiddot bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull6 11 Access to Premises7 12 Parties of Interest I 7 13 Representations and Certifications7 14 Supplementat Clauses7 15 Small Business Subcontracting Planbull 12 16 Noticesbullbullbull 12 17 Reporting 12 18 Utility Energy Services ContractsI bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull12 19 Miscellaneous~~l3

Signatures I 14 Certificatebullbullbullbull I 14

Authorization for Electric Service Exhibit A Authorization for Natural Gas Service Exhibit B Authorization for Water Service Exhibit C Authorization for Waste Water Service Exhibit D Authorization for Energy Management Service Exhibit E Authorization for Services Provided under the Appropriate

Regulatory Authority bullbullbullbull Exhibit F

NEGOTIATED AREA WIDE CONTRACT No GS-OlW-14-IJSI)-1060

BETWEEN TIIH UNITED STATES OF AMERICA

AND NAVAJO TRIBAL UTILITY AUTHORITY

TI-llS AREAWIDE CONTRACT FOR ELECTRIC NATURAL GAS WATER WASTE WATER AND ENERGY MANAGEMENT SERVICES PROVIDED UNDER TilE AJgtIgtROPRIATE REGULATORY AUTI-IORITY is executed this 20th day of October 2014 between the UNITED STATES OF AMERICA acting through the Administrator of General Services (hercinallcr rclcnmiddoted to as the Government) pursuant to the authority contained in 40 USC 501(b)(l) and NAVAJO TRIBAL UTILITY AUTI-IORITY an enterprise of the Navajo Nation and having its principal office and place of business at PO Box 170 Fort Dcliance Arizona 86504-0170 (hereinafter retcrrcd to as the Contractor)

WHEREAS the Govenunent has a present and continuing requirement for electric natural gas water waste water and energy management services for its Federal agencies now receiving such services from the Contractor in the service areas of the Contractor located in the States ofArizona New Mexico and Utah

WHEREAS the Contractor now has on tile with its Authorized Regulatory Body as has jurisdiction over the Contractor (hereinafter referred to collectively as the BoardBoard) all of their effective tariff rate schedules riders~ rules and regulatory terms and conditions of service as applicable

WHEREAS with some exceptions the Government is generally required by Chapter J ofTitle 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter into a bilateral contract for electric natural gas water waste water andor energy management services at each Federal facility where the value of the utility service provided is expected to exceed $150000 per year

WHEREAS where the Government has an Areawide Contract in effect with a particular utility then such utility service is normally to be procured thereunder

WHEREAS the Government is now purchasing such electric natural gas water waste water services from Navajo Tribal Utility Authority under the Areawide Public Utilities Contract for Electric Natural Gas Water Waste Water Services (Contract No GS-OOP-04-BSD-0328) that expires on September 17 2014 or under some other service arrangement and

WHEREAS the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government in obtaining electric natural gas water waste water energy management services andor services provided under the Appropriate Regulatory Authority from the Contractor and to facilitate partnering arrangements as encouraged and authorized by 10 USC 2911-2918 and 42 USC 8256

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 lgtlt liINITIONS 11 A- used in this contract (a) the tenn Areawide Contract mcuns this muster cnntract entered into between the Government and Contractor In cover the Hcquisition of utility scrvitc hy all Fcdcml agencies with li1cilitics in the service territory lhlm Contractur f(1r a pcriotl not to exceed len ( 10) years~ (b) the term Agcmy mcuns any Federal department agency or independent establishment in the executive branch of the Government any cstublishmcnt in the legislative or judicial brunches of the Federal Government or any wholly or mixed ownership Govcmmcnt eurpuration as dclincd in the Government Corpltration Control Act a list of which Agencies m1y be found by searching till~ document entitled ADM 480020 dated Fcbn1a1y 16 20 II on the General Scrvict~s Administration website~ (c) the term Ordering Agency mcm1s any Agency that is authori7cd to and obtains Utility Services under this Areawide Contract (d) the term Authori~ation means an order form used to acquire services under this areawide contract (see Exhibit A AUTHORIZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUTHORIZATION FOR WASTE WATER SERVICE and Exhibit E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit T AUTHORIZATION FOR TilE PROVISION OF SERVICES PROVIDED UN DER THE APPROPRIATE REG ULATORY AUTHORITY) annexed hereto With the exception of the provisions defined in Contractors Tariff and Contractors Terms and Conditions aJI authorizations shall be administered outside ofthe oversight and purview of the rc~ulatory environment and in accordance with the requirements of the Federal Acquisition Regulations (e) the tenn Tenninntion Authorization means an order form used by the Government to notify the Contractor that the Government wants to discontinue or disconnect a specific utility service provided under this Contract where the Authorization for Utility Services does not otherwise specify how Utility Services are to be terminated (SEE EXHIBIT 11 A AUTHORIZATION FOR ELECTRIC SERVICE EXIIIBIT B AUTHORIZATION FOR NATURAL GAS SERVICE EXHIBIT C AUTHORIZATION FOR WATER SERVICE EXHIBIT D AUTHORIZATION FOR WASTE WATER SERVICE AND EXHIBIT E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE ANDOR EXHIBIT F AUTHORIZATION FOR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTIIORITY) (f) the term Service means any electric natural gas water waste water andor energy management services generally available from the Contractor pursuant to its Tariff or its Terms and Conditions whichever is applicable (g) the term Electric Service means regulated electric commodities (where applicable) transmission distribution andor regulated services related services include but are not limited to maintenance operations and emergency response (h) the term Natural Gas Service means natural gas commodities (where applicable) transportation distribution andor related services (i) the term Energy Conservation Measure means any specific energy related or water project intended to provide energy savings andor demand reduction in Federal facilities (Reference Article 18 herein) (j) the term Energy Management Service (EMS) means any project that reduces andor manages energy demand in a facility as well as those services that detennine whether such reductions are feasible (such as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure Such measures include but are not limited to operating maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent tenns and may result from Energy Management Services) To be considered an EMS measure the measure must satisfy all of the following requirements

I the EMS measure must produce measurable energy reductions or measurable amounts ofcontrolled energy andor water use 2 the EMS measure must be directly related to the use of energy or directly control the use of

energy or water~

3 the preponderance ofwork covered by the EMS measure (measured in dollars) must be for Items I and 2 above and 4 the EMS measure must be an improvement to real property

2

(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

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104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

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FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

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3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

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(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

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AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 4: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

NEGOTIATED AREA WIDE CONTRACT No GS-OlW-14-IJSI)-1060

BETWEEN TIIH UNITED STATES OF AMERICA

AND NAVAJO TRIBAL UTILITY AUTHORITY

TI-llS AREAWIDE CONTRACT FOR ELECTRIC NATURAL GAS WATER WASTE WATER AND ENERGY MANAGEMENT SERVICES PROVIDED UNDER TilE AJgtIgtROPRIATE REGULATORY AUTI-IORITY is executed this 20th day of October 2014 between the UNITED STATES OF AMERICA acting through the Administrator of General Services (hercinallcr rclcnmiddoted to as the Government) pursuant to the authority contained in 40 USC 501(b)(l) and NAVAJO TRIBAL UTILITY AUTI-IORITY an enterprise of the Navajo Nation and having its principal office and place of business at PO Box 170 Fort Dcliance Arizona 86504-0170 (hereinafter retcrrcd to as the Contractor)

WHEREAS the Govenunent has a present and continuing requirement for electric natural gas water waste water and energy management services for its Federal agencies now receiving such services from the Contractor in the service areas of the Contractor located in the States ofArizona New Mexico and Utah

WHEREAS the Contractor now has on tile with its Authorized Regulatory Body as has jurisdiction over the Contractor (hereinafter referred to collectively as the BoardBoard) all of their effective tariff rate schedules riders~ rules and regulatory terms and conditions of service as applicable

WHEREAS with some exceptions the Government is generally required by Chapter J ofTitle 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter into a bilateral contract for electric natural gas water waste water andor energy management services at each Federal facility where the value of the utility service provided is expected to exceed $150000 per year

WHEREAS where the Government has an Areawide Contract in effect with a particular utility then such utility service is normally to be procured thereunder

WHEREAS the Government is now purchasing such electric natural gas water waste water services from Navajo Tribal Utility Authority under the Areawide Public Utilities Contract for Electric Natural Gas Water Waste Water Services (Contract No GS-OOP-04-BSD-0328) that expires on September 17 2014 or under some other service arrangement and

WHEREAS the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government in obtaining electric natural gas water waste water energy management services andor services provided under the Appropriate Regulatory Authority from the Contractor and to facilitate partnering arrangements as encouraged and authorized by 10 USC 2911-2918 and 42 USC 8256

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 lgtlt liINITIONS 11 A- used in this contract (a) the tenn Areawide Contract mcuns this muster cnntract entered into between the Government and Contractor In cover the Hcquisition of utility scrvitc hy all Fcdcml agencies with li1cilitics in the service territory lhlm Contractur f(1r a pcriotl not to exceed len ( 10) years~ (b) the term Agcmy mcuns any Federal department agency or independent establishment in the executive branch of the Government any cstublishmcnt in the legislative or judicial brunches of the Federal Government or any wholly or mixed ownership Govcmmcnt eurpuration as dclincd in the Government Corpltration Control Act a list of which Agencies m1y be found by searching till~ document entitled ADM 480020 dated Fcbn1a1y 16 20 II on the General Scrvict~s Administration website~ (c) the term Ordering Agency mcm1s any Agency that is authori7cd to and obtains Utility Services under this Areawide Contract (d) the term Authori~ation means an order form used to acquire services under this areawide contract (see Exhibit A AUTHORIZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUTHORIZATION FOR WASTE WATER SERVICE and Exhibit E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit T AUTHORIZATION FOR TilE PROVISION OF SERVICES PROVIDED UN DER THE APPROPRIATE REG ULATORY AUTHORITY) annexed hereto With the exception of the provisions defined in Contractors Tariff and Contractors Terms and Conditions aJI authorizations shall be administered outside ofthe oversight and purview of the rc~ulatory environment and in accordance with the requirements of the Federal Acquisition Regulations (e) the tenn Tenninntion Authorization means an order form used by the Government to notify the Contractor that the Government wants to discontinue or disconnect a specific utility service provided under this Contract where the Authorization for Utility Services does not otherwise specify how Utility Services are to be terminated (SEE EXHIBIT 11 A AUTHORIZATION FOR ELECTRIC SERVICE EXIIIBIT B AUTHORIZATION FOR NATURAL GAS SERVICE EXHIBIT C AUTHORIZATION FOR WATER SERVICE EXHIBIT D AUTHORIZATION FOR WASTE WATER SERVICE AND EXHIBIT E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE ANDOR EXHIBIT F AUTHORIZATION FOR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTIIORITY) (f) the term Service means any electric natural gas water waste water andor energy management services generally available from the Contractor pursuant to its Tariff or its Terms and Conditions whichever is applicable (g) the term Electric Service means regulated electric commodities (where applicable) transmission distribution andor regulated services related services include but are not limited to maintenance operations and emergency response (h) the term Natural Gas Service means natural gas commodities (where applicable) transportation distribution andor related services (i) the term Energy Conservation Measure means any specific energy related or water project intended to provide energy savings andor demand reduction in Federal facilities (Reference Article 18 herein) (j) the term Energy Management Service (EMS) means any project that reduces andor manages energy demand in a facility as well as those services that detennine whether such reductions are feasible (such as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure Such measures include but are not limited to operating maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent tenns and may result from Energy Management Services) To be considered an EMS measure the measure must satisfy all of the following requirements

I the EMS measure must produce measurable energy reductions or measurable amounts ofcontrolled energy andor water use 2 the EMS measure must be directly related to the use of energy or directly control the use of

energy or water~

3 the preponderance ofwork covered by the EMS measure (measured in dollars) must be for Items I and 2 above and 4 the EMS measure must be an improvement to real property

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(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

6

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 5: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

ARTICLE 1 lgtlt liINITIONS 11 A- used in this contract (a) the tenn Areawide Contract mcuns this muster cnntract entered into between the Government and Contractor In cover the Hcquisition of utility scrvitc hy all Fcdcml agencies with li1cilitics in the service territory lhlm Contractur f(1r a pcriotl not to exceed len ( 10) years~ (b) the term Agcmy mcuns any Federal department agency or independent establishment in the executive branch of the Government any cstublishmcnt in the legislative or judicial brunches of the Federal Government or any wholly or mixed ownership Govcmmcnt eurpuration as dclincd in the Government Corpltration Control Act a list of which Agencies m1y be found by searching till~ document entitled ADM 480020 dated Fcbn1a1y 16 20 II on the General Scrvict~s Administration website~ (c) the term Ordering Agency mcm1s any Agency that is authori7cd to and obtains Utility Services under this Areawide Contract (d) the term Authori~ation means an order form used to acquire services under this areawide contract (see Exhibit A AUTHORIZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUTHORIZATION FOR WASTE WATER SERVICE and Exhibit E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit T AUTHORIZATION FOR TilE PROVISION OF SERVICES PROVIDED UN DER THE APPROPRIATE REG ULATORY AUTHORITY) annexed hereto With the exception of the provisions defined in Contractors Tariff and Contractors Terms and Conditions aJI authorizations shall be administered outside ofthe oversight and purview of the rc~ulatory environment and in accordance with the requirements of the Federal Acquisition Regulations (e) the tenn Tenninntion Authorization means an order form used by the Government to notify the Contractor that the Government wants to discontinue or disconnect a specific utility service provided under this Contract where the Authorization for Utility Services does not otherwise specify how Utility Services are to be terminated (SEE EXHIBIT 11 A AUTHORIZATION FOR ELECTRIC SERVICE EXIIIBIT B AUTHORIZATION FOR NATURAL GAS SERVICE EXHIBIT C AUTHORIZATION FOR WATER SERVICE EXHIBIT D AUTHORIZATION FOR WASTE WATER SERVICE AND EXHIBIT E AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE ANDOR EXHIBIT F AUTHORIZATION FOR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTIIORITY) (f) the term Service means any electric natural gas water waste water andor energy management services generally available from the Contractor pursuant to its Tariff or its Terms and Conditions whichever is applicable (g) the term Electric Service means regulated electric commodities (where applicable) transmission distribution andor regulated services related services include but are not limited to maintenance operations and emergency response (h) the term Natural Gas Service means natural gas commodities (where applicable) transportation distribution andor related services (i) the term Energy Conservation Measure means any specific energy related or water project intended to provide energy savings andor demand reduction in Federal facilities (Reference Article 18 herein) (j) the term Energy Management Service (EMS) means any project that reduces andor manages energy demand in a facility as well as those services that detennine whether such reductions are feasible (such as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure Such measures include but are not limited to operating maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent tenns and may result from Energy Management Services) To be considered an EMS measure the measure must satisfy all of the following requirements

I the EMS measure must produce measurable energy reductions or measurable amounts ofcontrolled energy andor water use 2 the EMS measure must be directly related to the use of energy or directly control the use of

energy or water~

3 the preponderance ofwork covered by the EMS measure (measured in dollars) must be for Items I and 2 above and 4 the EMS measure must be an improvement to real property

2

(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

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104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 6: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

(k) the tcnn Cnntructnrs Tariff mems Contractors Utility Setvicc Tariffs and includes rate schedules eovcnltml- riders rules rc~ulations and regulated ternH and conditiuns of service us may be modi lied amended or supplemented hy the Cnntrnctnr fimiddotom time to time md aprrovcd by the Bnard (I) the term Contractors Terms and Condilions fbr his Agreement means the generic terms conditions policies procedures pnymcnt tenus cs1ahlishcd hy the Contractor f(lr those services that arc provided pursuant to this Cuntract and as such muy he mndilicd amended or supplemented by the Cnntraclor rrom time to time that arc under the Board s iu-isdictinn hut arc not required to he approved by the Board before they take cfTcct (m) the term Connection Charge means a Contracto1~s charge fbr facilities on the Contractors side of the delivery ll(lint which li1ci lit ics (I) arc rcltJuired 1t1 nlitke connections with the nearest point of supply and (2) arc insta lied owned maintained and upcmhd hy the Contmctor in accordance with tlu~ Contractors Tariff and the Boards rules and regulat ions (n) the term CIlss of Sc1vicc or Se1vicc Cl11ssificafion means those categories of service established hy the Contractors Tariff as tiled with the Board and (o) the term Utility Service means any r-Jcctrie SctVicc Natural Gas Service Water Waste Water Energy Conservation Measure Energy Management Services andor Services provided under the Appropriate Regulatory Authority that arc gencrnlly available from the Contractor pursuant to Contractors TariiT or the Contractors Terms and Conditions whichever is applicable (p) the term middotmiddotservice TeiTitory means the certilicatcd service territories of the Contractor lor the provision of Utility Scbullvice in the Stales or Arizona New Mexico and Utah and such other jurisdictions in which Contractor provides Utility Service under lhc Appropriate Regulatory Authority 12 This A11iclc is hereby expanded to include the additional definitions contained in FAR Clause 52202-1 Definitions (JULY 2004) 48 CFR 52202-1 which arc incorporated herein by reference

ARTICLE 2 SCOPE AND DURATION OF CONTRACT 21 This Areawide Contract shall be in eiTect on and after the date of execution and shall continue for a period of ten (10) years except that the Government pursuant to the clause contained in FAR 52249-4 (48 CFR 52249-4) incorpomted into this Areawide Contract under Article 141-69 or the Contractor upon 60 days written notice to the Government and without liability to the Government or any Ordering Agency may terminate this Areawide contract in whole or in pa11 when it is in their respective interest to do so Neither the stated duration of this Areawide Contract nor any other termination of it in whole or in part shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors tariff Contractors Terms and Conditions or in any Authorization entered into pursuant to this Areawide Contract 22 Authorizations may be executed under this Areawide Contract at any time during the term of this contract up to and including the last effective date The tenn of the Authorization shaH be for a term of up to ten (I 0) years that is independent ofthe term of this Areawide Contract provided this contract is superseded by a follow-on contract with the Contractor 23 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electric Natural Gas Water Waste Water andor Energy Management Services After both the Government and Contractor have signed the Authorizatio~ the Contractor will furnish to the Ordering Agency and the Ordering Agency will purchase from the Contractor the specific Utility Services described in the Authorization for the installation(s) or facility(ies) that are named in the Authorization 24 Nothing in this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering into an Authorization for negotiated rates or service of a special nature provided such negotiated rates or service are in accordance with the rules and regulations of the Board ifapplicable 25 This Areawide Contract may be used by an Ordering Agency to obtain utility services that are offered by the Contractor in the Service Territory as further described in 40 USC Section 591 to the extent it is applicable (quoted here in relevant part) A department agency or instrumentality of the Federal Government may not use amounts appropriated or made available by any Jaw to purchase electricity in a manner inconsistent with State law governing the provision of natural gas utility service To facilitate an Ordering Agency obtaining services under the Contractors standard agreements for utility service an Exhibit F has been included in this Areawide Contract This Exhibit F is designed so it also can be used by an Ordering Agency when a change requested by the Ordering Agency to Contractors standard terms and conditions for utility service has been approved by the appropriate regulatory authority

3

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

6

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 7: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

At~TICLI~ 3 I~XISIIN( CONTRACTS 31 The parties agree thnt 1111 Agency currenlly ucquiring scrvkc frum a Contractor under a separate wriUen cmllmd may continue to do so until thnt contract expires nr until sudt time liS the Agency and the Contractor mutually agree to terminate thnt scpa1middotutc wrillcn contract und have such service provided pmsuant tu this Areawide Contract by executing an appropriate Authnritnti(ln or Authori1111 inus 32 Existing SI)Ctial rates and services ul a special nature currently provided under a separate written contract may he continued under the Authoritalinns described in Article 31 if requested hy the Ordering Agency 11nd agreed upon hy the Contnutor

ARTICU~ 4 AlJTHOIUZATION I)ROCEOliRE ANIgt SERVICE IgtISCONNECTION 41 To obt11in or change service under this Areawide Contmct the Ordering Agency shnll complete the appropri1t1~ Authori1~Uion and f(lrwnrd it to the Conlrador Upon Ihe request of lhe Ordering Agency the Contractor shall cndeavnr to pruvide reasonable assislltmcc to the Ordering Agency in selecting the se1vicc classilication which may be mosl favornhlc lo the Ordering Agency Upun execution of an Authorizalion by both the Contractor and the Ordering Agency the dnlc of initiation or chnnge in service shall be cffectivc as of the date specified in the Authorization In the event a date is not specified in the Authorization as the e ffective date the date in which the Authorization was signed by the Ordering Agency shall be the effective dnte of the Authorization An executed copy of the Authori7ation shall be transmitted by the Ordering Agency to GSA at the address provided in A11icle 161 42 During the term of this Areawide Contmct cffl--ctivc Authorizations need not be amended modified or changed by an Ordering Agency to renee changes in accounting and appropriation data the Affiliates Tariff requirements the Artiliatcs cost of purchnscd fuel or the cslimatcd annual cost of service Such changes arc considered internal to the party involved Where changes arc required in cOectivc Authorizations because of a change in the service requirements ofan Ordering Agency an amended Authorization shall be mutually agreed upon and executed 43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal facility or installation by delivering a written Termination Authorization to the other Such disconti n uancc of service by an Ordcri ng Agency or the Contractor shall be in accordance with the terms of this Areawide Contrnct and the Contractors Tarin Afliliatcs Tcnns and Conditions or as otherwise provided under a pat1icular Authori7ation 44 Prior to entering into an Authorization for goods andor se1vices other than ulility service generally available from other sources on a competitive basis the Contracting Officer shall obtain a justification for utilizing other than full and open competition in accordance with the policies and procedures prescribed by Subpart 63 of the Federal Acquis ition Regulations (48 CfR 630I) 45 In the event the Areawide Contract is not renewed at the expiration of the contract term and active Exhibit E Authorization for energy management service shall be cancelled unless it is modified to incorporate the general terms and conditions of the current contract and the term extended to the required contract term specified in the Authorization 46 The Contracting Officer of the Authorization shall review the clauses in Article 14 and include the relevant clauses in the Exhibit A AUTHORJZATION FOR ELECTRIC SERVICE Exhibit B AUTHORIZATION FOR NATURAL GAS SERVICE Exhibit C AUTHORIZATION FOR WATER SERVICE Exhibit D AUHTORIZATION FOR WASTE WATER SERVICE Exhibit uE AUTHORIZATION FOR ENERGY MANAGEMENT SERVICE andor Exhibit F AUTHORIZATION OR THE PROVISION OF SERVICES PROVIDED UNDER THE APPROPRIATE REGULATORY AUTHORITY

ARTICLE 5 RATES CHARGES AND PUBLIC REGULATION 51 A complete listing of all the Contractors Tariffs are available to the Government and any Ordering Agency electronically at the Contractors website accessible via the tariff link on the website entitled wwwntuacom 52 Subject to the provisions of At1icle 23 all utility andor energy management service purchases under this Areawide Contract as well as any other actions taken under this Areawide Contract shall be in accordance with and subject to the Contractors Tariff except to the extent that same are preempted by Federal Jaw Throughout the tenn of the Contract the Government shall have full access to the Contractors currently effective Tariffs In the event the ContractotAs Tariff becomes inaccessible via the internet or the Ordering Agency does not have access to the internet the Contractor agrees to provide newly effective or amended Tariff in accordance with the Contractors Tariff distribution practices policies and procedures applicable to all customers 53 If during the term of this Areawide Contract the Board approve a change in rates for utility service obtained under an Authorization in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees

4

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

6

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 8: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

I l l continue In pny for thnsc ltilily Services at the newly approved ralcs from nnd ullcr the date such ll rntc changc is made cflcctivc As rnwidcd in Artide 42 modification of any Authorization hereunder is not necessary to implement higher or lower rules 54 The Cnntmetnr hcrchy represents and wammts to the Government that the Utility Service rates available to any Orderin~ Agency hereunder ~hull al all limes not exceed those liVitilahle to uuy other customer setved under the sante service classilicatinn for the sume or cnmparahlc service under like conditions of usc Nothing herein shall IC(JUirc the Cnntractor to apply a utility service rate that is inapplicable to the Ordering Agency SS Reasonable writlen notice via an Authmi1~1tinn shall he given hy the Ordering Agency to the Contractor til the address provided in Artiltk 1lt1 of any materilttl chmges pwposed in the volume or ciHiractcristic of utility ietviccs rcquind hy the Ordering Agency 56 Tn the extent rC(JUircd hy the Contractors Tariff or fhc ContracCirs Terms and Conditions and in aceordance therewith any necessary extension alteration relocation or rcin((1rccmcnf of the Contrnctors transmission andor distribution lines related special fiuilitics service arrangements Energy Management Services (including any retmtcs to which the Ordering Agency may he entitled) energy audit services or other Utility Sctviccs required or requested by an Ordering Agency shall be provided and as HIgtPlicable hilled f()J by the Contractor 57 To the extent nvailable from the Contractor the Contractor shall provide and as applicable bill for tcchnicctl assistance on or concerning an Ordering Agencys equipment (such as the inspection or repair or such equipment) as mny be requested hy such Ordering Agency The charges for such technical assistance shall be calculated at the time the technical assistance is rendered in accordance with the Contractors applicable billing schedule in etlect at the time the technical assistance is rendered (except as otherwise mutually agreed upon by the Contractor and Ordering Agency in writing) and the assistance shall comply with Contractors Tarin ifapplicable S8 The Authori7alion used to obtain and provide the matters Utility Services or technical assistance described in Articles 56 and above shall contain information descriptive of the matters services or technical assistance required or requested including the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the prov1s1on of said matters services or technical assistance 59 Any charges lor matters or services referenced in Article 56 hereof which are not established by the Contractors TariiT shall be su~jcclto audit by the Ordering Agency Payment for the matters and sc1vices referenced in At1icle 56 shall not be unreasonably withheld or denied The Contractor further warrants and represents to the Government that charges for the matters or services referenced in Article 56 will not exceed Ute charges billed to other customers of the Conlractor served under the same service classification for like matters or services provided under similar circumstances

ARTICLE 6 BILLS AND BILLING DATA 61 The Utility Services supplied hereunder shall be billed to the Ordering Agency at the address specified in each Authorization Bills shall be submitted in original only unless othelWise specified in the Authorization All bills shall contain such data as is required by the Board to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained in bills provided to other customers of the Contractor served under the same service classification as the Ordering Agency

ARTICLE 7 PAYMENTS FOR SERVICES 71 With the exception of the payments described in Article 73 herein payments hereunder shall not be paid in advance of services rendered The Ordering Agency shall effect payment of all bills for Utility services rendered under this Areawide Contract in accordance with the terms of the Contractors currently effective payment provisions of the Contractors Tariff Changes in the Contractors Tariff provisions for the payment of bills shall supersede the provisions ofthis paragraph 72 The Ordering Agency will make invoice payments for services not subject to the direct oversight or approval of the Board in accordance with the provisions of the FAR Subpart 52232-25 (Article t4143) The interest rate for late payments made pursuant to this clause shall be computed in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR 1315 73 All payments hereunder shall not nonnally be made in advance of services rendered in accordance with FAR Subpart 324 unless required by the Contractors Tariff The applicability ofthis provision is limited to connection charge and line extension payments specifically cited and provided for in the Contractors Tariff 74 Each payment made by Treasury check to the Contractor shall include the Contractors billing stub(s) or a Government or Ordering Agency payment document that clearly and correctly lists all of the Contractors account numbers to which the payment applies and the dollar amount applicable to each account If payment is by Electronic Funds Transfer either through the Automated Clearing House (ACH) or the Federal Reserve Wire Transfer System the

5

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

6

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 9: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

prcwisitms of FAR Suhpnrt 523-37 shnllnpply (Sec Mlklc 14) nnclthc OnlcrinH Agency must spccil) the method tf plt~ymcnt and the designated payment ufli~c on the Authoritution form

AI~TICU~ H CONfRACTOI~-OWNJ~I) MEJI~I~S

81 Metering equipment nf slandnrd manulilcturc suitnhlc In measure all lllility Sc1viccs supplied hy lhc Contractor hereunder shall he lim1ishcd installed calibrnlcd and maintained hy the Contraclor at its expense In the event any meter fails to register or registergt incorrectly as determined hy the ngulalinns of the Board hilling adjustments shall he made in acconlnmc with such rcgul1tions 82 The Contmctor so fi1r as possihlc shall rcild all meters monthly in accnrdancc with lht~ Contractors Tariff and the Boards rcguhtt ions 83 Meters slmll hl~ inspectcd upon installtlion at no tJircct charge to the Ordering Agc1uy Suhse(JUCnl inspection periodic testing repair and replacement of meters shall be done in such place nnd mnnncr as provided by the Boards regulations Upon notice thnt a meter is failing to register correctly the Contractor shall take immediate steps to cflect replacement or repair Ordering Agencies shall have the right to request a meter test in accordance wilh the procedures prescribed in the Boards regulations The tests and applicable meter nccuracy standards are those set forth in the Boards rcgullt~tions 11lc expense of meter tests shall he home by the pat1y dcsignnted ns responsible therefore in the Boards rcgu lnt ions 84 For the purposes of this Article references to meters shull apply only to Contractor-owned metering devices installed and maintained by the Contractor in accordance with Board guidelines for regulated Utility Servicc(s) Rclercnccs to meters under this A11iclc shnll not apply to meters that arc to he installed by the Contractor at the request or an Ordering Agency to be owned by the Government as a part of an Authori7 11ion l(lr Energy Management Service or o1hcr service

ARTICLE 9 EQUJlgtMENT AND FACILITIES 91 Subject to the provisions of Article 56 hereof the responsibility for owning furnishing installing and maintaining all equipment and facilities other than meters) required to supply service at the delivery point(s) specified in an Authorization shall be detcm1ined in accordance with the Contractors Tariff The Ordering Agency shall provide free of charge to the Contractor mutually agreeable locations on its premises for the installation of meters and such other equipment furnished and owned by the Contractor and necessary to supply service hereunder The Contractor shall at all times during the life of this Areawide Contract operate and maintain at its expense such equipment or facilities as lor which it has responsibility in accordance with this Article 91 and shall assume all taxes and other charges in connection therewith Notwithstanding anything to the contrary in FAR 52241-5 (Contractors Facilities (FEB 1995)) to the extent required by the Contractors Tariffs and the Boards rules and regulations and in accordance thereof such equipment and facilities for which the Contractor has responsibility in accordance with this Article 91 may be removed or abandoned in place In both cases the Agencys premises shall be restored by the Contractor at its expense within a reasonable time after discontinuance of service to the Ordering Agency 92 All necessary rights-of-way easements and such other rights necessary to pennit the Contractor to perform under this contract shall be obtained and the expense for same borne in accordance with the Contractors Tariff and the Boards rules and regulations

ARTICLE 10 LIABILITY 101 If the Government andor an Ordering Agency has limited or restricted the Contractors right of access under Article 11 and thereby interfered with the Contractors ability to supply service or to correct dangerous situations which are a threat to public safety Contractor shall be excused from any contractual or service obligations that are impacted by the Governments limitation or restriction on access and the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Article 101 shall not be construed to limit the Governments liability under applicable law 102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any interruptions in service and for any irregular or defective service shall be determined in accordance with the Contractors Tariff 103 Except as provided above and in accordance with the Contractors Tariff the Government shall not be liable for damage or injury to any person or property including death occasioned solely by the Contractor its employees or agents negligent installation and use operation or intentional misuse ofthe Contractors equipment or facilities

6

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 10: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

104 In mcnnlnncc with the C()ntrmtnrs Tnrin neither the Contractor nor its employees or agents shull be liable fenmiddot damngc or injury In nny person nr 1uopcrty including death occasioned sulcly by the negligent installation usl operation or intent ional misuse of Contrnctnrs CltJU ipment or fucil ities hy the Government its employees or agents 11)5 The Contrmtnr shn ll not he liahlc for incidents arising nut of or in any wny connected with the violation or compliance with any locaL slate or federal environmental law nr rcgulution resulting fimiddotum pre-existing conditions at a Government juh site rehmsc or spill of any pre-existing hazardous materials or wnstc or out of the management and disposal of any rrc-cxistin~ cnnlmninalcd soils or ground water which was removed from the ground as a result of worh pcrf(mncd hy the Cnntractor unless it can be determined that there wns negligence on the tgtart of the Cnntntcto-s cmplnyccs which resulted in willful failure to notify and react to 1111 obvious pre-existing condition 106 The Gowrnmcnt aiJrccs to accept full responsibility for and hear all costs associated with prc-exiJting cnvironml~ntul liability Responsibility for testing 1balemcnt remediation andor disposal of ha7ardous malcriltbull t including hut not Iimitcd to contmninatcd soil cnntaminated gruundwater and contaminated surface water and sturm water resulting from contact with pre-existing lummlous materials lead paint asbestos polychlorinated biphenyls fuel oil or underground fuel oil tanks shall remain with the Government Where there is reason to suspect that hazardous mamp~terial is present at the work site or where hazardous material is encountered during the course of work being pcrf(lrmed the Contractor shall stop work~ notify the Contracting Officer and Activity lgtcrsonncl and request that the Government test the work site l(lr such haznrdous material and appropriately abate and dispose of such ha7ardous muterinl Once the work site hns heen cleared ofall hai nrdous nuaterial the Contractor shall resume work in that area

ARTICLE 11 ACCESS TO PREMISES I IL The Contractor shall have 11cccss to the premises served at all reasonable times during the term of this Areawide Contract and at its expiration or tcnninntion lor the purpose or reading meters making installations repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper military or other governmenta l authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable

ARTICLE 12 PARTIES OF INTEREST 121 This Areawide Contract shall be binding upon and inure to the benefit of the successors legal representatives and assignees of the respective parties hereto 122 When the Contractor becomes aware that a change in ownership of the Contractor (change in ownership for purposes of this Areawide Contract being defined as a sale of more than fifty percent of the outstanding voting stock of the Contractor) or a change in the name of the Contractor has occurred the Contractor shall notify the Government at the address provided in Article 161 within thirty (30) days after the effective date ofany such ownership or name change

ARTICLE 13 REPRESENTATIONS AND CERTIF1CATIONS 131 This Areawide Contract incorporates by reference the representations and certifications made by the Contractor which shall be filed annually electronically at wwwsamgov 132 The offeror represents that the following persons are authorized to negotiate and execute on its behalf with the US Government in connection with this contract (List names titles and telephone numbers of the authorized negotiators) 1 Walter Haase PE General Manager 928-729-6202

ARTICLE 14 SUPPLEMENTAL CLAUSES 141 Clauses and Provisions Incorporated by Reference This contract incorporates one or more provisions and contract clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions and clauses may include blocks that must be completed by the Contractor andor submitted with its documentation In lieu of submitting the full text of those provisions and clauses the Contractor may identify the provision andor clause by paragraph identifier and provide the appropriate infonnation with its documentation Also the full text of the provisions and clauses may be accessed electronically at thisthese address(es) httpwww acguisitiongov httpwwwacqnetgov

7

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 11: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

FAR REF

I 5220~-3

2 5220-5 3 52201-( 4 52203-7 5 5203-8

6 52203- 10 7 52203- 11

8 52203- 12

9 52204-4 10 52204-5 II 52204-9 12 52204-7

13 52209-6

14 52215-2 IS 52215- 10 16 522 15-12 17 52215-14 18 52215-20

19 52219-8 20 52219-9 21 522 19- 16 22 52222-3 23 52222-21 24 52222-26 25 52222-35

26 52222-36 27 52222-37

28 52222-38

29 52222-50 30 52222-54 31 52223-4 32 52223-S 33 52223-6 34 52223-9

35 52223-15 36 52223-17

37 52225-13 38 52232-11 39 52232-17 40 52232-18 41 52232 19 42 52232-23

Federal AcqulsiUo11 Regulation

GIVTUITIImiddots (AIbullR 1984) CoVENANT MiAINST (( lNTIN(iJ-NT FEES (A Pit 1984) RImiddotSTIHltTIONS ON Sill( ONTJA(TCllt SALES TO TilE GOVERNMENT (SJPT 2 ()()(l)

A NTI- KICKBACK PIHgtCI ~DliRES (On 20 I 0) C ANltEIIATION RImiddotSltISSION ANIgt RECOVEHY OF FIINDS FOR IJI E(At OR IMIIWIIm

i TIVIT (JAN 1997) PRICE OR FI E AI gtII ISTMENT FOR ILI EUAI OR IMIIH l iJR A( Tl VITY (I AN 1997) CEiriIFJ( ATION AND DIS(IOS IRE RElt iARDlN(i PAYMENTS TO INFI liENtl ~ CERTAIN

FEDIRAI TRANSACTIONS (SIIT 2007) LIMITATIlt)N C)N IAYMENTS TO I NFI 1ENCE ClmTAIN FEDEIAI I RANA(Tllt )NS

(0CT 20 10) IgtRJNTED OR COPIED Dot lBlE-SIDED ON REltYClED PPER (MAY 20 II) WOMEN-0WNim BllSINFri~S (Oil iER TilAN SMALL BUSINESS) (MAY 1999) PERSONA I IDENTITY V ERIFICATJON OF CONTRACTOit I)ERSONNEL (JAN 20 I I ) I ) C ENTRAl CONTRACTOR REmSTRATION ( FEB 20 I 2)

PROTECTING T i lE GOVERNMENTS INTEREST WilEN SUBCONTRACTING Wllll

CONTRACTOR DEBARRED SUSPENUED OR PROPOSED POR DEilARMENT (DEC 20 I0) AUDIT AND RECORDS- NEGOTIATION (OCT 20 I0) 1

PRICE REDUCTION FOR DEFECIIVE COST OR PRICING DATA (AUG 20 I I )1

SUBCONTRACTOR COST OR PRICING DATA (OtT 20 I0)1

INTEGRITY OF UNIT PRICES (Ocr 20 I0)1

REQUIREMENTS FOR COST OR PRI(ING DATA OR INFORMATION 0TIJER TilAN COST OR

PRICING DATA(Ocr 2010)1

UTIIIZATION OF SMALL BUSINI~SS CONCERNS (JAN 20 II) SMALl BUSINESS SUBCONTRACTING PLAN (JAN 201 1) L IQUIDATED 0 AMAGES- SlHK ONTRACI1NG PLAN (JAN 1999)

CONVICT LABOR (J UNE 2003) PROIIIBITION OF SEGREGATED FACILITIES (FEB 1999) EQUAL O PI)ORTUNITY (MAR 2007 EQUAL OPPORTUNITY FOR SPECIAL DISABLED V ETERANS VETERANS OF TilE VIETNAM ERA AND OTHER ELIGIBLE V ETERANS SEPT 201 0) AFFIRMATIVE ACTION FOR WORKERS WITil D ISABILITIES (OCT 20I0) EMPLOYMENT REPORTS ON SPECIAL DISABLED V ETERANS V ETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS (SEPT 2010) COMPLIANCE WITH V ETERANS EMPLOYMENT REPORTING REQUIREMENTS SEPT2010) COMBATING TRAFFICKING IN PERSONS (FEB 2009) EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

RECOVERED MATERIAL CERTIFICATION (MAY 2008)1

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) DRUG-fREE WORKPLACE (MAY 2001) ESTIMATE OP PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPAshyDESIGNATED ITEMS (MAY 2008)13 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) 1

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)1

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) EXTRAS (APR 1984) INTEREST OCT2010) AVAILABILITY OF FUNDS (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984t ASSIGNMENT OF CLAIMS (JAN 1986)

8

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 12: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

43 522J2~2S

4~ 52232-13

45 52232-)5

46 52 232~37

47 52233- 1 48 52213-4 49 5223(1-9

50 52237-2

51 52241 -2 52 52241 -J 53 52241 -4 54 52241-5 55 52241-6 56 52241 -7

57 52241-8

58 52241 -9 59 52241 -9 60 52241-10 61 52241-12 62 52242-13 63 52243-1 64 52244-5 65 52244~6

66 52246-25 67 52248-1 68 52249-4

69 52249-8 70 552241-70

71 552241-71

JliWMII PAVMENT(OltI 2UOM)1

PAYMENT BY ELITTIWNIC FliND- THANSFI 1~ CImiddotNli~Al CoN IJAlTOR

RElt iiS mA rH IN (0ltT 2003) DESI(iNATU lN OF OFFICE Fl IR Cit JVERNMINT RECEIIT lt W El HTIH lNI( FIINDS

TIVNSFEJ~ INFORMATION (MAY 19gtgt) u Mt iiTIIII PAYMENT 1JRANCiEMEN IS (MAY 1999) DISPIITImiddotS (JULY 2002) 1IIIICAI11middot LAW Fltm BREACII OFCoNTHACTCIAIM (0lt1 2())11) llJtltriHJI( lN ltlF JmiddotXIS IINlti VI Cil Ill II(JN S rRlllJI JRt~s E(H liiMINT Ulllllll S ANIgt

IMI IWVEMENTS (1IR I 984) l)l(llTELTII )N (F GltMRNMINT Btllll liN( iS EltHIIJMENT ANI) VEltiETATIltgtN

( 1IR 19N4) OIWER OF PRImiddotCEIJENltE- UTIIITIES (FIB 1995) SCOIE AND OliRATIC gtN OF 0 lNTICT (FEB 1995)1

CIIANlt iE IN Cl ISS OF SERVICI (FEB 1995) CONIlACTORS fACILITIES (FEH 1995) SERVICE PIWVISIONS (FEn I995)1

CliANltiE IN RATES OR TERMS AND CONDITIONS OF SERVICE H)J~ REGULATED SERVICES (FEB I995) C IIANGE IN RATES OR TERMS ANIgt CONDITIONS OF SI~RV1lE FOR UNREltJJJATED SERVICES ( Frm 1995) u CONNECTION Ci IAIWE (FEB 1995) 2~1

3CONNECTION CIIARGE (ALT I) (FEB 1995)2bull

TERMINATION LIAHILITY FEB 1995)2)

NoNREFliNDABIE NONRECURRING SERVICE CIIAROE (FEn 1995) 2middotmiddot

BANKIUJPTCY (JULY 1995) Cl JANGES- FJXED PRICE (At IG 1987) COMPETITION IN SUBCONTRACTING (DEC 1996)1

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 20 I0) LIMITATION OF LIABILITY-SERVICES (FEB 1997) VALllE ENGINEERING (ALT I) OCT 20 I 0)1

TERMINATION FOR CONVENIENCE OF TilE G OVERNMENT (SERVICES) (SHORT FORM) (APR 1984) DHFAULT(FIXED-PRJCE SUPPLY AND SERVICE)(APR 1984) 1

AVAJLABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (SEPT2010) DISPUTES (UTILITY CONTRACTS) (AUG 20 I 0)

1 INDICATES TilAT TilE CLAUSE APPLIES TO TilE ENERGY MANAGEMENT AUTHORIZATION AND ONLY TO THE EXTENT TilAT THE CONTRACTING OFtiCER OF TilE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION 2 1NOICATES TilAT TilE CLAUSE APPLIES TO TilE ELECTRIC SERVICE AUTIIORIZATION AND ONLY TO TilE EXTENT THAT TilE CONTRACTING OFFICER OF THE DELIVERY ORDER DETERMINES THAT THE CLAUSE IS NECESSARY FOR EFFICIENT CONTRACT ADMINISTRATION

THE REFERENCED CLAUSE SHOULD BE INCLUDED IN FULL TEXT IN THE AUTHORIZATION FOR ELECTRIC SERVICE 4 INDICATES THAT THE CLAUSE HAS BEEN INCLUDED WITHIN THE TEXT OF THE AREAWIDE CONTRACT ON A SUBSTANTIALLY THE SAME BASIS AS REQUIRED BY SUBPART 41501 (A) OF THE FEDERAL ACQUISITION REGULATIONS

142 Repeal ofClauses During Tenn ofContract If during the tenn of this Areawide Contract any of the clauses contained in this Article are repealed revoked or

dissolved by the Government then such clauses shall no longer be part of this contract as of the date of such repeal revocation or dissolution The elimination of these clauses by reason of such repeal revocation or dissolution shall not

9

3

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 13: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

affctl I he w nlinuinJ vnl illily nnd cTctl iwncss of I he remainder of I he Jrlmiddotawidc Ctnlracl ur olhcr clauses rcfcrcuccd in this 1rliclc

143 Clauses lncorpomlctl in Full Text

I 522 1()-1 Typc of Conlract(J11 19K4) Js prescribed in 16105 complete and insert lhc following provision

T1101middot CONTIVltT ( Jtlt 1984) The Govcnuncnl conlllllplatcs award of a lixcd pritelrcqu ircment s conlract resulling fimiddotom this solicitation

(I nd ofprovision)

2 52222-40 Notili(altion of Employee Rights Undc1middot the National Labor Relations Act

1s prcscrillcd in 221 605 insert the li1llowing clause NOTIFKATION ltW EMIJOYIE RRiiiTS UNDER Till~ NATIONAL LABOR REIATIONS ACT(DEC 2010)

(n) During lhc lerm of Ihis contract the Conlractor shall post an employee notice of such si7c and in such fonn and containing such content ns prescribed by the Secretary of Labor in conspicuous places in and about its plants and ofliccs where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract including all places where notices to employees arc customarily posted both physically and electronically in the languages employees speak in e~ccordancc with 29 CFR 4712 d) and (f)

(I) l)hysical posting ofthe employee notice shall be in conspicuous places in and about the Contractor plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract

2 ) If the Contractor customarily posts notices to employees electronically then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used lor notices to employees about terms and conditions ofemployment a link to the Depa11ment of Labors website that contains the full text of the poster The link to the Departments website as referenced in (b)(3) of this section must read middotbulltmpltlrtant Notice about Employee Rights to Organi7c and Bargain Collectively with Their Employers

b) This required employee notice printed by the Department of Labor may beshy(I Obtained from the Division of Interpretations and Standards Office of Labor-Management Standards US

Department of Labor 200 Constitution Avenue NW Room N-5609 Washington DC 20210 Phone (202) 693-0123 or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs

(2) Provided by the Federal contracting agency ifrequested (3) Downloaded from the Office of Labor- Management Standards Web site at

wwwdolgovolmsregscomplianceE013496htm or (4) Reproduced and used as exact duplicate copies of the Department of Labors official poster

(c) The required text of the employee notice referred to in this clause is located at Appendix A Subpart A 29 CFR Part 471

(d) The Contractor shall comply with all provisions ofthe employee notice and related rules regulations and orders of the Secretary of Labor

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause this contract may be tenninated or suspended in whole or in part and the Contractor may be suspended or debarred in accordance with 29 CFR 47Il4 and subpart 94 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471 which implements Executive Order 13496 or as otherwise provided by law

(f) Subcontracts (I) The Contractor shall include the substance of this clause including this paragraph (f) in eve1y subcontract that

exceeds $10000 and will be performed wholly or partially in the United States unless exempted by the rules regulations or orders ofthe Secretary ofLabor issued pursuant to section 3 ofExecutive Order 13496 ofJanuary 302009 so that such provisions will be binding upon each subcontractor

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability ofExecutive Order 13496 or this clause

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means ofenforcing such provisions including the imposition ofsanctions for noncompliance

10

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 14: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

(11) llowcvcr if the Cnnlnulnr hccomcs involved in liligatiun with a suhwntmctnr nr is threatened with such invtlvcmcut as a rcsull of such direction the Affiliate may request the United States through the Secretary of Labor to enter info such lit igutinn to J)rotcct the interests or the United States

(End of clause)

3 5~2middot 1 1-7 Change in Rntcs nr Terms and Conditions of Service for Rcgulalcd Services (FEB 1995) As prcscrihcd in 41 50 I(d)( I) inserl a clause suhslitnlially the same as the following

CIIANltiE IN RATES OR TERMS AND CONiliTIONS OF SEtWICE ImiddotOn REltitii A nm SIJVtns (FEll 1995) (a) This dausc applies tu the extent services H1mished under this conlrnct arc sul~j(~Ct lo rcgulution by a regulatory

body The Contractor ngrcc~ lo giw 30 days written notice of (I) the liling of ltm t1Jll)lication for clumgc in rates or terms and conditions ofservice concunmiddoten11y with the liling of the appliclttlion mul (2) any changes pending wilh the rcgulntory bndy as oflhc dale oJontract award Such notice shallli11ly dcscrihc the proposed change u during the term of this contract the rcguhllory body having jurisdiction approves any changes the Contractor shall forward to the Contracting Officer a copy ofsuch changes within 15 days allcr the encltivc date thereof The Contractor ~1grecs to continue furni shing service under this contract in accordance with lhc amended Iarin and the Govcrnmcnl agrees to pay for such service at the higher or lower rates ns ofthc date when such rates arc made effective

(h) 11le Contractor agrees hat throughoulthe life of this con1ract the IIJgtplicnblc published and unpublished rate schedulc(s) shall not be in excess of the lowest cost published and unpublished rnlc schcdulc(s) available to any other customers of the same class under similar conditions of usc and service

(c) In the event that the rcgulat01y body promulgates any regulation concerning matters other than rates which aflccls this contract the Conlmclor shall immediately provide a copy to the Contracting Officer The Government shall not he bound to accept any new regulation inconsistent with Federal laws or regulations

(d) Any changes to rates or terms and conditions ofservice shall be made a pa11 oflhis contract by the issuance of a contrucl modification unless otherwise specified in the contract l1le effective date ofthe change shall be the effective dale by the regulatory body Any factors not govemcd by the regulatory body will have an etlective date as agreed to by the parties

(End ofclause) Num Insert language prescribed in 4150l (d)(l)

4 52252-1 Solicitation Provisions Incorporated by Reference (FEB I 998) As prescribed in 52107(a) inse11 the following provision

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB I 998) 5 The requirements ofthe Disputes clause at Federal Acquisition Regulation (FAR) 52233-1 are supplemented to

provide that matters involving the interpretation of tariff retail rates tariff rate schedules and tariff terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction

(End ofCiause) 144 State Taxes

The contract price excludes all State and local taxes levied on or measured by the contract or sales price ofthe services or completed supplies furnished under this contract The Government agrees either to pay the amount ofthe state or local taxes to the Contractor or provide evidence necessary to sustain an exemption from such taxes

ARTICLE 15 SMALL BUSINESS SUBCONTRACTING PLAN 151 The Contractors SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY amp ECONOMICALLY DlSADVANT AGED INDIVIDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-OWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-OWNED BUSINESSES negotiated between the Contractor and the Government which is applicable on a company wide basis pursuant to the requirements of 15 USC 637(d) will be on file at the Contractors facility The Contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to update the subshycontracting plan by November 301

h ofeach year during the life of this Contract 152 Information and announcements concerning current developments in the GSA Small Business Subcontracting Program are available on the GSA Energy Division web site accessible via httpwwwgsagovenergy

11

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 15: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

AI~TICLI~ 1(bull NOTICI~S

J(d llnlcss specifically pmvid~d otherwise all notices rctJnircd lu he provided tu 1hc Government under this Arcnwidc Cnnlmct shall he mailed 1lt1 U S General Services Administration PUS Onicc of Facilities Management mHI Services Pmgwm Director Energy Division 1800 F Street NW l~nnm 5116 Washington DC 20405 nr via cmnil at cncrgyccntcrgsngltw 162 All inquiries and notices tu the Contractor regarding this Areawide Conlmet shall he mailed to Nbulltvajo Trihal Utility Authority Atln Walter llaasc General Manager PO Box 170 Fort Defiance Ari~ona 86504 telephone numhcr 928-79-6202 or lo such other persnn as the Contructor may hcrenl1er designate in writing Hbull3 The Ordering Agency shall provide GSA with n copy of all fully executed Exhihit E Authorizations f(lr Encrg_y Management Service including any applicable nttachmcnls at the address prnvided in Alticlc 161

Al~fiCLit 17 REtbullORTINC 17 The Contractor sluall provide as prescribed and directed by the Contracting Officer an annual report ou Suhcontrncting Plan Achievements (contmcl awards to small businesses) in accordance with the approved subcontracting plan for snmll business concems and small business concerns owned lllld controlled by socially and economically disadvantaged individuals by October 30 of each year during the life of this Areawide Contract The report shall he submitted clec1ronically utilizing the Small llusincss Administrations Electronic Subcontracting Reporting System The website address of the system can be found at hUpwwwesrsgov

ARTICLE 18 UTILITY ENERGY SERVICE CONTitACTS 181 Measurement and Verification Energy Conservation Measures (ECM) will not be nonnally considered unless a nel overall energy usage or cost reduction can be demonstrated and veri lied Verification standards for energy projects mmiddotc established in the MampV Guidelines Measurement and Verilication for Federal Energy Management Projects published by the Department of Energys Federal Energy Management Program (FEMP) 182 Unless othcawise provided by law the following provisions shall apply to Energy Management Services

(a) Payment for energy conservation measures when authoried as an Energy Management Service (EMS) shall he equal lo the direct cost ofcapital or financing amortized over a negotiated payment term commencing on the date ofacceptance of the completed installation

(b) The payment term for Authorizations involving energy conservation measures shall be calculated to enable the Ordering Agencys payment(s) to be lower than the estimated cost savings to be realized from its implementation In no event however shall this term exceed 80 of the useful life of the equipment and material to be installed 183 Subcontracting The Contractor may perform any or all of its requested services through subcontractors including its unregulated affiliates ECM subcontractors shall be competitively selected in accordance with FAR 52244-5 (A11icle 141-65 herein) Subcontractor selection shall be based on cost experience past perfonnance and other such factors as the Contractor and the Ordering Agency may mutually deem appropriate and reasonably related to the Governments minimum requirements Upon request by the Government the Contractor shan make available to the contracting officer all documents related to the selection of a subcontractor In no event shall the service beprovided by subcontractors listed as excluded from Federal Procurement Programs maintained by GSA pursuant to 48 CFR 9404 (Article 141-13 herein) 184 For all Authorizations involving Energy Conservation Measures it is desirable to have a Warranty Clause that addresses the specific needs and requirements of the work being performed and equipment that is to be provided by the Contractor however in the absence of a Warranty Clause in the Authorization the following language will serve as the default Clause The Company shall pass through to the Agency all watTanties on equipment installed or provided by it or its subcontractors on Government property with the following representation THE CONTRACTOR ACNOWLEDGES THAT THE UNITED STATES OF AMERICA WILL OWN OR LEASE THE middot middot EQUIPMENT ANDOR MATERJALS BEING INSTALLED OR SUPPLIED HEREUNDER AND ACCORDINGLY AGREES THAT ALL WARRANTIES SET FORTH HEREIN OR OTHERWISE PROVIDED BY LAW IN FAVOR OF CONTRACTOR SHALL INURE ALSO TO THE BENEFIT OF THE UNITED STATES AND THAT ALL CLAIMS ARISING FROM ANY BREACH OF SUCH WARRANTIES OR AS A RESULT OF DEFECTS IN OR REPAIRS TO SUCH EQUIPMENT OR SUPPLIES MAY BE ASSERTED AGAINST NAVAJO TRIBAL UTILITY AUTHORITY OR MANUFACTURER DIRECTLY BY THE UNITED STATES 185 The Ordering Agency shall submit to GSA a copy of all preliminary energy audit results or energy conservation measure analysis for review and compliance with Federal regulations and policy Upon written confirmation of the

12

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 16: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

nlhrcmcntinncd inlhrmntion the Ordering Agency may negotiate Task Orders with the Cnntmctor for the implcmcnlnti(ln of the energy cunscrvn1ion mensmcs described in the preliminary documents The Ordering Ag~~ncy shall provide GSA wilh cnpics of fully executed b~hihit E tuthorizatim1s for Energy Mltmagcment Service resulting lrom approved energy audits including any aJlpl icnhlc ntlachmcnts at the address provided in Article 161 uu Contrnclors J~cspnnsihililics under Cnnlmcl l(w rncrgy Management Services provided under this Contract

(a) The Contrmtor shall not provide 1ncrgy Mnnagemcnt Services to Federal l1eilitics under this Agreement unless the li1cility is a current customer of the Contractor or a prospective customer of the Contmctor that is locuted within a geographic area thut the Contrnctor is authori1cd In serve (h) The work thst is to he pcrfltmncd under the Energy Management Service conlmct shall he limited 10 work resulting in 1 dire1t reduction in (mcrgy usag(~ (sec Article 11 (j)) and any modifications or rcrmirs I hal arc nccc~ssary 11s direct result of the installaticm ufthc Energy Conservation Mcnsurc

ARTICLE 19 MISCELLANEOUS 191 Contract mlminislmtimt The Ordering Agency shall assist in the day-to-day administration of the utility scrvkc being provided to it under an Authori1ation 192 Anti-Dclicicncy Unless otherwise authorized by Public Law or Federal Regulation nothing contained herein shall he construed cts binding the Govcrmnent to expend in any one fiscal year any sum in excess of the appropriation nHlltlc by Con11rcss l(w that fiscal year in fu1therancc of Lhc matter of the contract or to involve the Government in ltIll

obligation fgtr the lllturc expenditure of monies before an appropriation is made Anti-Dclicicncy Act 31 USC 1341(a)( I )(A) 193 Obligation to Serve Nothing contained in this Contract shall obligate the Contractor to take any action which it may consider to be detrimental to its obligations as a public utility 194 Term or Authoritations It is recognized that during the life of this Contract situations andor requirements may arise where it may be desirable that the tenn of service to an Ordering Agencys facility extend beyond the term of this Contract In such event the pa11icular Authoritation involved may specify a term extending beyond the term of this Contract provided that it is within the contracting authority of the Ordering Agency and appropriate tennination liability provisions have been negotiated between the Contractor and Ordering Agency to address unam01iized balances for connection charges andor linancing charges associated with energy management service projects

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 17: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

IN WITNESS WIIEREOFthc pm1ics have executed this contnut as of the day and the ycnr lirst above written

UNITED STATI~S OF AMEIUCA Acting through the Administrator

of General Services

ATIEST

By~~ampmiddot Franz N uppard GSA PBS Energy Division

NAV AJO TRIBAL UTILITY AUTHORITY

Title General Manager

ATfEST

By~1J-~middot Title (prpor~ Ammey

CERTIFICATE

I tc-cJh tJ (YOtluM certify that I am Corp~~ Afth~- ofNAVAJO TRIBAL UTILITY AUTHORITY named as Contractor in the negotiated Areawide Public tJhty Contract No GS-OOP-14-BSD-1 060 that W alte- Wmiddot ti-5-Se bullwho signed said contract on behalf of the Contractor was then Gerers ( IV ~~~ ofsaid Corporation and that said contract was duly signed for and on behalf ofsaid Corporation and is within the scope of its corporate powers

Is l+pADL 1J ~

(Coiporate Seal)

14

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 18: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

------------------

EXHIBIT A Contractors ID NO______(Optional) Ordering Agencys 10 (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ELECTRIC SERVICE

OR DISCONNECTION OF ELECTRIC SERVICEUNDER AREAWIDE CONTRACT NO GS-ltlOP-14-BSDmiddot1060

Ordering Agency---------------------------------- - shy1ddress_____________________________________

Pursuant to Areawide Contracl No GSmiddotOOPmiddot 14middotBSDmiddot1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED___________________________ _ SERVICE ADORESS____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change o DisconnectTerminate Service 0 Continue Service 0 Full Service o DSM Project 0 line Extension Alteration Relocation or Reinforcement 0 Special facilities Pursuant to Contractors Tariff 0 Transmission amp Distribution 0 Billing amp Ancillary Services

OTHER TERMS AND CONDITIONS_______________________ _ _ _ ______

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY______________________________________

TERM OF SERVICE From through------ shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ Hereafter amended or modified by the regulatory body having j urisdiction (see article 5 of this contract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND KW

ESTIMATED ANNUAL SERVICE COST $-- --------- - - ----- shyESTIMATED CONNECTIONSPECIAL FACILITIES CHARGE $ (if applicable ACCOUNTING AND APPROPRIATION DATA FOR SERVICE_____________________ FOR CONNEC110NSPEC1AL FACILITIES CHARGE_______ _ _ _ _ ________

CLAUSES INCORPDRATEO BY REFERENCE (Chack appllcbullble clauses) (1)_ _ 52204middot9 Personal Identity Verification ofContractor Personnel (JAN 2011) (2)_ _ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (3)_ _ 52236-5 Material and Workmanship (APR 1984) (4)_ _ 52241middot3 Scope and Duration ofContract(Fpound81995) (5)__ 52241middot4 CMnge in Gass of Service (FEB 1995) (6)_ _ 52241-5 Contractors Fadlitles (Fpound8 1995) (7)__ 52241-7 Change in Rates or Terms andConditions ofService for RegulatedServices (FEB 1995) (Use Full Text ofGause) (8)_ _ 52241middot11 Multiple Service Locations(Fpound81995) (9) _ _ 52243-1 Changes-FixedPrice (AUG 1987) (10)_ 52249 Default( (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

--------------------------------------------------------------~In copi$ The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency) By ________ By_ _ _ _ _____ _ _ _ _

Authorized Signature Authorized Signaturelitle ______ ____________________litte _ _ _____ ____

Date_ _ _ _______ _ Date_____ _ ________

Telephone No________ Telephone No

bull Include a relirencc to the appl icnble rate schedule and attach a copy ofsuch schedule If necessary attach and mnke part hereof supplemental agreements or sheets that cover requtred connection or extension charges and special facilities or service arrangements (See Article Softhis Contntct for instructions) NOTE A fully executed copy of this Authorization shalt be trausmittcd by the Ordering Agency to Energy Division (PMAA) the General Services Administration Washington DC 20405

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 19: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

____________________________________________ _

EXHIBIT B Contractors ID NO______(Optional) Ordering Agencys ID (Optional)

NAVAJO TRIBAL liTILITY AUTHORITY AUTHORIZATION FOR NATURAL GAS SERVICE CHANGE IN NATURAL GAS SERVICE

OR DISCONNECTION OF NATURAL GAS SERVICE UNDER CONTRACT NO GSmiddotOOP-14-BSD-1060

Ordering Agency _________________________________ Addr~s

Pursuant to Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Article 2 and 4 shall be followed for the initiation of service under this contract PREMISES TO BE SERVED____________________________

f SERVICE ADDRESS_______________________________

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service D DSM Work 0 Line Extension Alteration Relocation or Reinforcement 0 Special Fadlities

OTHERTERMSANDCONDnlONS___________________________

Attach any other relevant tenns and conditions under which service will be provided POINT OF DELIVERY _______ _ _____________________

TERM OF SERVICE From through----- shySERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO_________ ESTIMATED ANNUAL ENERGY USAGE MCF

ESTIMATED ANNUAL SERVICE COST $middot------------------shyESTIMATED CONNECTIONSPEOAl FAOLITIES CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE____________________ FOR CONNECTIONSPEQAL FAOLITIES CHARGE_ _ _ _ ____ ______ _ _ ___

CLAUSES INCORPORATEO BY REFERENCE (Check applicable clauses) (1)__ 52211-10 Commencement Prosecution and Completion ofWork (APR 1984) (2) __ 52236-5 Material and Workmanship (APR 1984 (3)__ 52241-4 Change in Class ofSentice (FEB 1995) (4)__ 52241-3 Scope and Duration ofContract (FEB 1995) (5)__ 52241-5 Contractors Fadlities (FEB 1995) (6)__ 52241-7 Change in Rates or Terms and Conditions ofService for Regulated Services (FEB 1995) (Use Full Text ofClause) (1)__ 52241-11 Multiple Service Locations (FEB 1995) (8)_ 52243-1 Changes-Fixed Price (AUG 1987) (9)_ 52249-_ Oefaultf- (Specify appropriate Clause) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

- -----------------------------------------------------------in copi~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency ACCEPTED

NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By_____________ By_____________

Authorized Stgnature Authorized Signature

Title _ _ _ _ ___ ___ ___ _ ___ Title ____Gen-=era_I ________ Manag_er

Dare_________________________ oare ________________________

Telephone No_____________ Telephone No (928) 729-5721

Include a reference to the applicable rate schedule and attach a copy of such schedule If necessary attach and make part hereof supplemental agreements or sheets that cover required connection or extension charges and special facilities or service arrangements (See Artide 5 of this Contract for instructions)

NOTE A fully executed copy of this Authorization shalt be transmitted by the ordering Agel) te ~Ae EAerf gllllsi9A (PMM) General Services Administration Washington DC 20405

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 20: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

EXHIBITC

Contractors lD NO_______(Optional

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR WATER SERVICE CHANGE IN

WATER SERVIa OR DISCONNECTION OF WATER SERVICE UNDER CONTRACT NO GS-ooP-14-BSD-1060

OrderingAgencymiddot--------------------------------- shyAddress_____________________________________

Pursuant to Contract No GS-OOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED____________________________ SERVICE ADDRESS_____________________________ _ _ _

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect 0 Continue Service 0 Special Facilities 0 Extension Alteration Relocation or Reinforcement

If necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nature of services required

OTHER TERMS AND CONDffiONS_____ _ ________________ ___

Attach any other relevant terms and conditions under which service will be provided POINT OF DELIVERY_______________ __________ _ _ _

TERM OF SERVICE From______ _ through---- - - shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereafter amended or modified by the regulatory body having jurisdiction (see article 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authorization ESTIMATED ANNUAL USE OF WATER CUFT METER NO(S) --------ESTIMAllD ANNUAL SERVICE COST $------ -------------shyESTIMATED CONNECTlONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE______________ ___ _

FOR CONNECTlONPROJECT CHARGE-------- ----- -------- shyCLAUSES INCORPORATED BY REFERENCE (Check applicable dauses) The Contracting Officer of the Task Order shaU supplement the following list with clauses from the Federal Acquisition for the specific class ofwork that Is being performed under the Auttlorizatlon (1)__ 52204-9 PERSONAL IDEN71TY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007) (2)_ _ S2222middot54 EMPLOYMENTEUGIBIUTY VERIFICATION (JAN 2009) (3)_ _ S2232-3S DESIGNATION OF OFFICE FOR GOVERNMENTRECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMAITON (MAY 1999) 4)__52232-36 PAYMENTBY THIRD PARTY (MAY 1999) (S)__52241-5 CONTRACTORS FAGLIT1ES (FEB 1995) 6)_ _ 52241-9 CONNECTION CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) (FEB 1995) (8)_ 52241-10 TERMINATION LIABIUTY(FEB 1995) (9) _ 52241-12 NONRERJNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THEFOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Ordering Agency) (Contractor)

By ________ By__________

Authorized Signature Authorized Signature

Title__________ Title ___-GeneraIM_a-nager_____ Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 21: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

EXHIBITD

Contractors IO NO_______(Oplional

Ordering Agemys lO NO Optional)

NAVAJO TRIBAL UTILITY AUTHORnY AUTHORIZATION FOR WASTE WATER SERVICE OtANGE IN

WASTE WATER SERVICE OR DISCONNECOON OF WASTE WATER SERVICE UNDER CONTRACT NO Gs-OOP-14-BSD-1060

OrderingAgency ________________________________

Addre~-----------------------------------------Pursuant to Contract No GS-OOPmiddot l4middotBSDmiddotl060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and 4 shall be followed for the initiation of service under this contract

PREMISES TO BE SERVED---------------------------shySERVICE ADDRESS=---------------------- ------- shy

NATURE OF SERVICE 0 Connect 0 Change 0 Disconnect D Continue Service 0 Spedal Fadlities 0 Extension Alteration Relocation or Reinforcement

lf necessary attach and make part hereof supplemental agreements plans andor specifications to direct or describe the nabJre of services required

OTHER TERMS AND CONDmONS_______ ________________ _

Attach any other relevant terms and conditions under which service will be provided POINT OF DEUVERY______________ ______________

TERM OF SERVICE From_____ __ through----- --

SERVlCE HEREUNDER SHALL BE UNDER RATE SCHEDULE NO hereaner amended or modified by the regulatory body having jurisdiction (see artide 5 of this contract) Reference and attach a copy of the applicable rate schedule on the effective date of this authonzation ESTIMATED ANNUAL USE OF WATER CUFT MffiR NO(S) ------ shy

ESTIMATED ANNUAL SERVICE COST $------------------shyESTIMATED CONNECTIONPROJECT CHARGE $ (if applicable) ACCOUNTING AND APPROPRIATION DATA FOR SERVICE _ _________________

FOR CONNECTIONPROJECT CHARGE--------------------- shyCLAUSES INCORPORATED BY REFERENCE (Check appUcable dauses) The Contracting Officer of the Task Order shall supplement the following list with dauses from the Federal Acquisition for the spedfic class of work that is being performed under the Authorization (1)__ 52204middot9 PERSONAL IDENTITY VERIFICA710N OF CONTRACTOR PERSONNEL (SEPT2007) (2)_ _ 52222middot54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) (3)__52232-35 DESIGNA710N OF OFFICEFOR GOVERNMENTRECEIPT OF ELECTRONIC RJND5 TRANSFER JNFORMAITON (MAY 1999) (1)__52232middot36 PAYMENT BY THIRD PARTY (MAY 1999) (5)__S2l41middotS CONTRACTORS FAGLITIES (FEB 1995) (6)__ 52241-9 CONNECTlON CHARGE (FEB 1995) (7)_ 52241-9 CONNECTION CHARGE (Aft I) FEB1995) (B)_ 52241-10 TERMINATION UABlITY (Fpound81995) (9)_ 52241middot12 NONREFUNDABLE NONRECURRING SERVICE CHARGE (FEB 1995) BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS in copies The foregoing shall be effective upon the return of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAl UTlllTY AUTHORITY (Ordering Agency) (Contractor)

By________ By _____________

Authorized Signature Authorized Signature

Title________ _ _ Title General Manager ------~~~~~--------

Date__________ Date______________

NOTEA fully executed copy of this Authorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) US General Services Administration Washington DC 20405

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

Page 22: GSA Areawide Contract with Navajo Tribal Utility · USCeaenlServicesAdministtatioD F.nergDividon PuiJiicBuildlaeSe~vice Wulaiagtoa.DC2e40S . Areawide. Pu•ue . Utilities Coatra«

EXHIBIT E Contractors 10 NO________(OptiOnal)

Ordering Agencys ID NO (Optional)

NAVAJO TRIBAL UTILITY AUTHORITY AUTHORIZATION FOR ENERGY MANAGEMENT SERVICES

CONTRACT NO G5-00P-14middot8S0-1060

Ordering A9ency_____________ ____________________

Addre~ = --------------------------------------Pursuant to Contract No GS-OOPmiddot43-BSD-1060 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2 and 4 shall be followed for the initiatlon of service under this contract

PREMISES TO BE SERVEDmiddot--------------------------- shySERVICE ADDRESS----------------------------- shy

_ NATURE OF SERVICE 0 Preliminary Energy Audit 0 ECP Feasibility Study 0 ECP Engineering amp Design Study 0 Energy Conservation Project (ECP) Installation 0 Demand Side Management (DSM) Project

0 Other (See Remarks Below SERVICE HEREUNDER shall be provided consistent with the Contractors applicable tariffs rates rules regulations riders practices andor terms and

conditions of service as modified amended or supplemented by the Contractor and approved to the extent required by the Commi~ion (See Artide 5 of this contract)POINT OF DEUVERY______________________________

ESTIMATED PROJECT COST $ ACCOUNTING AND APPROPRIATION DATA__________________ ______

UST OF ATTACHMENTS

0 General Conditions 0 Payment Provisions 0 Spedal Requirements 0 Economic Analysis

0 FacilitySite Plans 0 Historical Data 0 Utility Usage History 0 ECP Feasibility Study

0 Design Drawings 0 Design Specifications D Certifications 0 Commission Schedules

CLAUSES INCORPORATED BY REFERENCE (Chec applicable clauses) 1) _52211-10 Commencement Prosecution and Campletion ofWott (APR 1984) (2)_52232-5 Payments underFixed-Price Construction Contracts (SEP 2002)

Supersedes provisions offJJYTient dauses in Artide 14 3)_522332-27 Prompt Payment for Construction Contracts (FEB 2002) (4)_52236-5 Materialand Workmanship (APR 1984) (5)_52241-8 Olange in Rates or TetmS and Conditions ofService for Unregulated

Services (FEB 1995) (Use full Text ofClause) 6)_52243-1 Changes-FIXedPrice AUG 1987) (7)_52249-_ Default ( J (Specify appropdate Gause) In addition the Contracting Officer negotiating the terms and conditions under this authorization shall supplement the above-referenced clali58S with dauses for the appropriate type ofcontract REMARKS

ACCEPTED NAVAJO TRIBAL UTIUTY AUTHORITY (Contractor)

(Ordering Agency)By________ By___________

Authorized Slgnalllre Authorized Signature Title__________ Trtle General ManagerDate__________

Date --------------------- shyTelephone No Telephone No (928) 729middot5721 NOTE A fully exeruted copy of this Autllorization shall be transmitted by the ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405

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___________________________________________________ __

EXHIBIT F

Contractors ID NO______(Optional)

Ordering Agencys ID (Optional)

NAVAJO TRIBAL UILlnY AUTHORITY Authorization for the provisiOn of services provided under

(insert appropriate Regulatory Authority) ___________

AREAWIDE CONTRACT NO GSmiddotOOP-14middot 850-1060

OroeringAgency _____________________________________________

Addre~

Pursuant to Areawide Contract No GSmiddotOOP-14-BSD-1060 between the Contractor and the United States Government and subject to all the provisions thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Artides 2

9 and 4 shall be followed by the Ordering Agency in initiating service under this contract as described below

PREMISES TO BE SERVED___________________________ _ _

SERVICE ADDRESS______________________________

NATURE OF SERVICE [add description of the spedfir service requested by the Ordering Agency For example interconnection of the Ordering Agencys renewable energy project)

OTHER TERMS AND CONDITlONS

Attached as Exhibit D1 are AEPs standard terms and conditions for the specific electric service identified above whidl may include modifications that

have been made by AEP for the Oroering Agency with the approval of the insert appropriate Regulatory Authority) ___ _____ _______

TERM OF SERVICE Fro --- --- - through - - --- - shy

BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS

-----------------------------------------------------------------middotm--------~ro~~ The foregoing shall be effective upon the retum of the fully executed original Authorization by the Contractor to the ordering Agency

ACCEPTED NAVAJO TRIBAL UTILITY AUTHORITY (Contractor)

(Ordering Agency)

By____________________ By__________________________

Authorized Signature Authorized SignafJre

Title _____________ Title General Manager ---------------~---------

Date____________________ Date__________________

Telephone no ________ Telephone No (928 729-5721

NOTE A fully executed copy of this Authorization shall be transmitted by the Ordering Agency to the Energy Division (PMAA) General Services

Administration Washington DC 20405