20140506Application.pdf

MORNING VIEW WATER COMPANY
3996 E 200 N :"i' ."" * ' '' ''' lJ
PO Box 598
Rieby, lD 83442
PH208-745-0029 [e-mail] FAX [phone]
May 1,2014
Jean Jewel
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-007 4
RE: Morning View'Water Company- Order #31061-Updated IDEQ Loan Agreement and Additional
Requesi tl4/vt/-/'t/ 10'01 '
Dear Ms. Jewel,
The Moming View'Water Company would like to formally request approval from the Idaho Public
Utilities Commission to borrow funds from the Idaho Department of Environmental Quality for
improvements to our water system. The original approval was for $275,000. We requested an
amendment from DEQ to allow for legal and administrative costs and have accepted a loan from DEQ
for $300,000 @ 1.25% interest with $78,533 principal forgiveness. In addition to this loan agreement
we have requested $25,000 from DEQ to be added to the loan to for power costs that were not included
in the original engineer estimate. The additional request will result in atotal loan of $325,000.
Included with this letter are copies of the executed DEQ Loan Agreement, a letter requesting DEQ to
amend the loan for an additional $25,000, and a copy of the Rocky Mountain Power Service Contract.
We appreciate your interest and attention to this matter. Please call if you have any questions regarding
this request.
Sincerely,
7e'Nolan Gneiting
President
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STAIT OF IDAEO
DEPARTMENT OF ENVIRONMENTAL QUALITY
LOAN OrrE& ACC-EPTANCE AND AGREEMENT . i
f,.OR DRII\KING WAIER TREATMENT
DESIGN AI\D CONSTRUCTION
SECTION I. INTRODUCTION
The State of Idaho (State) is authorizedby Title 39, Chapter 36 (Act), Idaho Code to make loans
fiom the Drinking Water Treatne,nt Facility Inan Account (Account) to assist municipalities in the
consttrction of drinking water freahe,nt faoilities. The Idaho Boad of Environmental Quality,
through the Departnent of Environmental auafity @eparment), is authorized to administer the Act
The Departnelrt has determined that the Moming View IVater Company (ApplicantiBorrower) has
established eligibility for a loan under the terms of the Aot and IDAPA 58.01.20, the Idaho Rules for
Administration of Drinking Water Loan Program (the Rules).
The Applicant is a public entity with the authority to finance public impnove,menb. The Departuent
hereby offers a loan to fte Applioant according to the terms and conditions contained in this
document and the Rules.
SECTION II. DESCRIPTION OT' PROJECT
This loan offer is for design and constnrction of the following project:
A. Loan ProjectNumber:DW 1302
B. Name and Address ofApplicant: Moming View T[ater Company
C. Project Description:
39968.200 N.
Rigby,Idaho 8342
The project consists of drilling a new well,
constnrcting a new pump housg installation of meters
and variable frequency drive pumps.
$300,000 at1.25Yo (interest of 0.25To and loan fee of
L.Wyo) to be repaid in biannual installments over 30
yeane, with $78,533 ofprincipal forgiveness.
D. Terms:
E. Estimated Project Budget:
1. Transmission&Distibution
2. Administationll4al
Total
Morning View, Inan DWl302
$275,000
25.000
$300.000
criDA#66-648
SECTION III. GENERAL CONDMONS
This offer may only be accepted by signature by an authorized representative of the Applicant. Upon
acceptance by the Applicant, this offer shall become a loan agreement (Agree,ment) and the Applicant
shall become a Borrower. By accepting this offer, the Borrower agrees to all terms and conditions set
forth in this document and the Rules:
The Borrower agrees:
A. To not transfer, assrgn or pledge any beneficial interest in this to any other person
or entity without the prior writteir consent of the Director of the Deparhent of Environmelrtal
Quality @irector). To not enter into sale, lease or transfer of any of the properly related to the
Agree,ment. To not make any additional material encumbrances to the project without the
prior writen consent of the Director. To not incur any liabilities that would materially affect
the funds pledged to repay this loan without the prior written conseNrt of the Director. To not
delegate legal responsibility for complying with the te,rms, conditions, and obligations of this
Agreement without the prior written consent of the Director. Notwithstanding any other
provision sf this paragraph, the Borrower may sell or otherwise dispose of any of the worls,
plant properties and facilities of the project or any real or personal property comprising a part
of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used
in the operation of the projecq or no longer necessary, material or useful in zuch operation,
without the prior written consexrt of the Director.
B To enter into zuch contractual arrange,ments with third parties as it depms advisable to assist it
in meeting its responsibilities under this Agree,me,nt.
C. To fulfill all deslamtions, assurances, rqlresentations and statements in the application and all
other documents, amendme,nts and communications filed with the Deparhent by the
Borrower in support of the request for this loan. Which application is attached hereto and
incorporated by reference herein.
D. To comply with applicable State and Federal employment requirements including, but not
limited to, Eqrral Employme,nt Opportmityand Civil Rights requirements.
E. To make efforts to award subagreements to Disadvantaged Business Enterprises (DBE) which
includes Minority aod Wome,n-owned businesses (MBF/WBE).
a. The separate fair share goals for MBE and for WBE will be in bid solicitations and
documentation of efforts to obtain MBBWBE participation will be required of any
contactor who fails to attain the goals; and,
b. Semi-annual reports of MBEAVBE utilization will be prepared on forms zupplied by the
Departmelr$ and,
c. Include the following language in all procureme,nt contracts "The controctor sholl not
discrtmin:ate on the basis of race, color, national oigin or seJc in the performance of
this contract. The contractor shall carry out applicable requirements of 40 CFR Part
33 in the award and administration of contracts awarded under EPAfinancial
assistance agreements. Failure by the contractor to carry out these requiremmts is a
material breach of this contractwhich may result in the termination of this contract or
other legally available remedies. "
Morning Vieq Loan DWI 302 CFDA #66-648
F.
G.
I.
To provide evidence of ownership in the form of fee simple title or long-term lease and right
of access or €xmements for real properly on which the project is proposed to be consttrcted.
Clear title or legal right to all real property necessary for the zuccessful operation of the
facilities shall be guaranteed by the Borrower for the useful life of the project, prior to
corlme,ncement of oonstnrction. Land acquisitions shall only be reimbursed by DEQ if
obtained frs6 a\ililling seller.
To take affinnative action to e,nsure that the project shall be completed and operated in
conformance with federal and state laws relating to occupational health and safety.
That if prior to completion of this Agreement the project is damaged or destroyd there will
be no reduction in the amounts payable by the Borrower to the Department.
That in the event there is any default in the paym.ent of either the principal amount, loan fee or
the interest due under this Agreeme,nf, or any breach by the Borrower of any of the terms or
conditions of this Agreement, the entire principal amount and whatever interest and fees are
due to the date of paym.ent may be declared due and immediately payable. The amount of
zuch default shall bear the same interest and fee rate as applies to the principal oflhis loan
fron the date of default until the date ofpaym.ent by the Borrower. AII costs incurred by the
Departuent due to zuch default including court costs and attorney's fees, shall be repaid by
the Borrower to the Deparfuent.
That any waiver bythe Departuent atary time of the rights or duties under this Agreement
shall not be deemed a waiver of any subsequent or additional rights or duties under this
Agreement.
That the use by the Departuent of any remedy specified in this Agree,ment for its enforcement
is not exclusive and shall not deprive the Departuent of the right to seek any other appropriate
legal or equitable remedy.
That this Agreement is binding upon the Borrower and the Departnent and anyperson, office
or entity succeeding the Borrower or the Departnent.
To comply with all applicable federal, state and local laws.
In the event any term of this Agreement is held to be invalid or unenforceable by a cour! the
remaining tems of rhis Agreement will remain in force.
The total loanfunds disbursedperthis Agreementareconsidered federal financialassistanceper
the Singl e Audit Act of I 984, as amended by the Single Audit Act Amendments of I 996 (SAA),
31 U.S.C. $$7501-7507. (2000). IfBorrowerexpendsmorethan$500,000 ofanyfederalfunds
in a fiscal year, Borrower shall conduct an audit in accordance with the SAA. In such case,
Bomower shall provide the Department a copy of the SAA audit within nine (9) months of the
end of the audit period per the SAA. Borrower recognizes that it is responsible for determining if
the $500,000 threshold is reached and if a SAA audit is required. Additionally, Borrower shall
inform the Deparhent in writrng, of findings or recommendations pertaining to the State
Revolving Fund contained in any SAA audits couducted by Borrower.
J.
M.
N.
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Morning View, Loan DWl302 CFDA#56-648
P. AsperExecutiveOrder 12549,2 CFR 180 and2 CFR 1532theloanrmipientagreestonotenter
into covered transactions with any contactors or subcontractors that have been suspe, ded or
debarred, and to include a similar term or condition in all lower tier covered contracts and
transactions.
SECTION IV. PROJECT MANAG.EMENT
The Borrower agrees to:
A. Require the prime engineering firm(s) and their principals retained for e,ngineering services to
carryprofessional liability insurance to protect the public from the engineer's negligent acts and
smors of omission of a professional nature. The total aggregate of the engineeds professional
liability insurance shall be at least one hundred thousand dollars ($ 100,000) or twice the amount
ofthe engineeds fee, whichwer is greater. Professional liability insurance must cover all services
rendered for all phases of the project whether or not those services are state funded, until the
certification of project perfourarce is accepted by the Deparhe,lrt.
B. Comply with the Public Works Confractors License Act and the Public Contaots Bond Act Title
54, Chapter 19, Idaho Code, including requiring the prime construction contuactor retained for
construction to carry performance and palment bonds equal to one hundred percent (1007o) of
the contract price. The bond will be released when the constructed facility is accepted by the
Borower.
C. Assure that confracts related to the project which provide for arbitration allow appeal of any
resulting arbitation decision to a district court or allow the arbitration to be non-binding on both
parties if either party desires not to use artitation as a method of dispute settlement.
D. Jointly with an engineering consultant provide assumnces that the physical and operational
integrlty ofthe works, when constructed, will achieve the level of treatnentprovided for in the
design specifications.
Provide for the accumulation of funds through charges made for services or otherwise, for the
purposes of establishing a fund dedicated solely to (1) the repaymeirt of principal, interest and
loan fee on this loan, (2) capital replacement and (3) a reserve account as required by the Terms
of the loan agreement and (4) future improve,ments.
Provide a plan and program for an equitable user charge syste,r:r, as pernrittd by law, for palment
of operation and maintenance of constructed faoilities. The user charge system shall be approved
by the Deparhne,nt and e,nacted by the Borrower prior to receiving final payment. Make available
on an equitable basis the services of the project to the residents and commercial and industrial
establishme,nts of the arda it was designed to serve.
Develop and adopt a water system protection ordinance approved by the Deparhent prior to
receiving final paynent of loan funds.
Provide to the Departuent for approval, an operation and maintenance manual for the project.
The manual shall be approved by the Deparhnent prior to receiving final palm.ent of loan firnds.
F.
G.
H.
Moming View, Loan DW1302 CFDA#66-648
L
J.
Provide adequate staffing and qualified operation and maintenance personnel as specified in the
operation and mainte,nance manual approved by the Deparhent.
Assure that the operator in responsible charge of the facility has a level of compet€ncy
commensurate with the nature of the facility. He or she must be lice,nsed as a Drinking Water
Operator in a olass equal to or greater than that of the facility.
Assure that distribution and treahent facility personnel shall partioipate in operator training
programs designed to asswe g6mpet€xrce in the operation and maintenance of the facility.
Commence satisfactory operation and maintenance of the drinking water treatuent facilily on
completion of the project in accordance with applicable provisions, rules of the Deparhnent and
any other applicable law, nrle or regulation aird not discontinue operation or dispose of the
facility without the writte,n approval of the Departuenl
Review and update the user charge system, as permitted by law, at least bienniatly during the life
of this Agreeinent to assure that all costs including debt retireme,ng operation and maintenance
are offset by sufficient rev€xlues.
Maintain project accounts in accordance with generally accepted accounting principles.
All laborers andmephanics e,mployedby the prime const'uction contractor and subcontactors
in the project using State Revolving Fund (SRF) loans shall be paid wages at rates not less
than those prevailing on projects of a character similar in fre locality in accordanoe with the
labor standards, including prevailing wage rates and instructions for reporting, as established
by the United States Deparhent of tabor (subchapter IV of Chapter 31 of title 40, United
States Code). Borrower agrees that all procurement contracts must include as a term and
condition that contractors and subconfiactors must obtain wage determinations from the
Deparhent of Labor and comply with Deparment of Labor guidance and regulations
imple,menting wage rate requirements applicable to SRF funds. Wage determinations shall be
finaliz.d,prior to fir'al bid submissions. Specific requirements relatedto Davis Bacon
compliance are included in Attachment B to this loan agreement
M.
N.
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Monring View, Inan DWI 302 CFDA #66-648
SECTION V. SPECIAL CONDITIONS
A. The Borrower shall complete the attached project schedule and submit to the Deparfient for
alrproval on or before 60 days from the date of this loan offer. No funds shalt be disbursed per
this Agree,ment until a project schedule has been approved by the Departnent. The Departuent
approvedprojeot schedule shallbeattachedto thisAgreement asAttrachmentA andincorporated
by reference as if fully set forth herein. The Borrower shall complete the project in accordanse
with the apprcved project schedule.
B. AII amendme,lrts to the project schedule must be approved by the project engineer in the
Departrrent's Idaho Falls Regional Office, prior to becoming effective.
C. Prior to final loan distibution, the Borrower shall have established a wriffen Operations and
Maintenanoe manual, an Operating Emergencyplan and a Safety/Risk Managementplan.
SECTION VI. SECTruTY REOTIIREMENTS
The Borrower agrees:
A. This loan will be evide,nced and secured by a promissory note in the amount of $221,467 (tttro
hundred twenty one thousand four hundred and sixty seven dollars). The promissory note
will be issued upon project completion and incorporated by refere, rce into this Agree,ment.
B. There will be a r6serve fund equal to one year's payment of principal, fees and interest on the
loan established. The Borrower has ten years to establish the reserve, setting aside 10% (ten
percent) of one yeat's payment into the reserve fund each year.
SECTTON Yrr. LOAI\ pTSBTIRSIEMENTS
The Borroweragrees:
A. This loan shall be used solely to aid iu the financing of the Borroweds project described in
Section tr.
B. Requests for actual disbursement of loan funds will be made by the Borrower using forms
provided by the Deparhent. Upon approval of the disbursement request by the Deparhent
loans funds shall be released to the Borrower.
C. The costs set forth in Section tr have been determined by the Deparhent to be eligible costs
for funding. Some of the oosts however, have been estimated, and the actual costs may differ
from such estimated costs. A project review bythe Deparhent will determine final eligible
costs for the project
D. If the aotual eligible cost of the project is dete,rmined by the Deparhent to be lower than the
estimated eligible cost, the loan amount will be reduced accordingly.
E. An increase in the loan amount as a rezult of an increase in eligible project costs shall be
considerd provided funds are available. Documentation zupporting the need for an increase
Moming View, Loan DW1302 CFDA#66-648
must be submitted to the Departuent for approval prior to incurring any costs above the
eligible cost ceiling.
F. Palment of the final five percent (57d of this loan shall be withheld until the following
requirements are met:
l. The Borrower's e,ngineer certifies (a) that the projrct has been constructed according
to plans and specifications previously approved by the Deparhent O) un operations
manual has been completed and (c) that the project is fuIly operational; and
2. The Deparfinent has inspectd the project and verifies the engineer's certification.
G. Paynent of the find ten percent GO"A of this loan shall be withheld until the following
requireme,nts are met:
1. The Special Conditions in Section V have been mefi and
2. Aresponsiblecharge operator@CO) hasbee,n designatedwho islicensedatorabovethe
classification level of the system. At zuch times as the RCO is not available, a zubstitute
RCO shall be designated to replace the RCO, who is lice,nsed at oi above the
classifrcation level of the system.
H. This offer is zubject to the existence of the offered st'rr of money in the Account at the time of
paynenL Should the offered sum of moneynot be available in the Account at the time of
pa1m.ent, the Deparhent he"eby agrees to pay the Borrower the offered sum of money on the
basis of the Borrowet's priorityposition immediatdupon the accrual of said sum in the
Account.
SECTION YIII. REPAYMENT TERMS A}tD SCHEDI]LE
The Borrower agrees:
A. This loan shall be repaid in the rftmner set forth in the promissory note which shall be
attached to this Agree,ment and incorporated by reference.
B. To paybiannual paynents ofprincipal, fees and interest and to fully amortize this loan not
later than thirly (30) years from project completion. Interest will begin accnring with the first
disbursement of funds. At the fime of closing, accrued interest will be either paid to the
Deparfuent or incorporated into the final loan amount if the approved amount has not bee,n
exceeded.
C. At the time of closing, the Department may elect to impose a loan fee (not to exceed 17o)
pursuant to the Rules. If a loan fee is imposed, the loan interest rate will be reduced by the
amount of the loan fee. The loan fee will be assessed against the final loan balancg which
shall iuclude the entire principal balance and may include capitalized interest. Any loan fee
shall be due and payable concurrently with scheduled loan principal and interest repayments
over the repalmlent period.
Morning View, Loan DWI 302 CFDA#56-&18
D. This Agree,ment shall remain h fu1l force and effect until all loan proceeds, including
principal, interest and loan feg have been paid in fullor the Agreeme,nt is otherwise
suspended or terminated by the Deparfrne,lrt.
sEpTroN DL SUSPENSTON OR TERMTNATTON OF LOAN AGREEMENT
A. The Director may nrspend or tenninate this Agreeme,nt prior to final disburse,nent for failure
of the loan recipient or its agents, including engineering firm(s), contraotor(s), or
zubconfracto(s) to perform. This Agreeme,nt may be suspended or terminated for good cause
including, but not limited to, the following:
c.
l. Commission of fraud, embezdement theft, forgery bribery misrepresentation,
conversion, malpracticg misconduct malfeasance, misfeasance, falsification or
unlawful destrlction of records, receipt of stolen property or any form of tortious
conduc[ or
2. Commission of any crime for which the ma:rimum sentence includes the possibility of
one (l) or more years imprisonment or any crime involving or affecting the project; or
3. Violation(s) of any term of this Agreeme,nt; or
4. Any willful or serious failure to perform within the scope of the project, plan of
operation and project schedule, terms ofeirgineering zubagreements, or contracts for
constructioq or
5. Utilizing a confractor or strbcontactor who has been suspended or debarred by order
of any fideral or state ag€,ncy from working on public work projects funded by that
agency.
The Director will notiff the Borrower in writing and by certified mail of the intent to suspend
or terminate this Agreem.ent. The notice of inteirt shall state:
1. Specific acts or omissions which form the basis for suspension or tennination; and
2. Availability of a contested case hearing before the Board of Environmental Quality
conducted as provided for in the Rules of Administrative Procedure Before the Board
of Environmental Quality, IDAPA 58.01.23.
If the Borrower does not initiate a contested case hearing before the Board by filing a petition
wiftin the time period spocified by the Rules of Administrative Procedure Before the Board of
Environme,lrtal Quality,IDAPA 58.01.23., the Departuent may thereafterterminate or
suspend the Agreement by written notice to the Borrower. If the Borrower initiates a
contested case, the termination or suspension shall be detennined by the Board.
The Borrower shall perform no work under the Agreement after receiving a notice of intent to
suspend or terminate until all adminishative proceedings and appeals therefrom ffs final s1
the Departnent reinstates the Agreement as provided herein.
B.
D.
MomingVieq LoanDW1302 CFDA#66-648
E. Upon written request by the Borrower with evidence that the cause(s) for suspension no
longer exists, the Director may, if funds are availablg reinstate the Agreement. If a suspended
Agree,me,nt is notreinstate4 the loanwill be amortized and a repalment schedule prepared in
accordance with the provisions sf rhis Agreeme,nt
F. No terminated loan shall be reinstated. Terminated loans will be amortized and a repalment
schedule prepared in accordance with the provisions of this Agreement
SECTTON )L ACCESS AI{D TNDEMNII'TCATTON
The Borrower agrees to:
A. Provide the Director, or his/her authorized age,nts, and the U.S. Environmental Protection
Agency, access to all files, records, accountings and books relating to the manage,ment and
aocountability of this loan.
B. Irdemni$, and hold harmless the State of Idaho, its agents and its employees from any and all
cfuims, actions, damages, liabilities and expenses directly or indirectly connected to the Borrower or
its agents, e,mployees, confiactors, 616ssignees actions related to the location, design, constnrction,
operation, maintenance, r€pau, faihre or deactivation of the project or any part of the project.
MorningView, LoanDWl302 CEDA#66-648
SECTION XI. OI"T'ER
The offer set forth herein must be accepted if at all, on or before 60 days from the date of this loan
offer. An aoceptance must be accompanied by a resolution of the Applicant's govenring body
authorizing the signator to sign on the Applicanfs behalf for the purpose of this agreeine,nt
Dated Febnaary? ,2013.
Director
Departnent of Environmental Quality
sEcTroN xrr. ACCEPTATICE
The Morning View Water Company; by and through its undersigned represe,ntative(s), accepts the
foregoing offer and agrees to discharge all obligations and to comply with all terms and conditions
contained herein.
//o4rr /rnr,/,;rq f owe,' //rnir.? tltow larrezhuVa^"1 Lrc
Name and Title of n
///,mi /q, Xara
Date
Cbrt A. Fransen
Morning View, Loan DWI 302 CFDA#66-648 10
MORNING VIEW WATER COMPANY
3996 E 200 N
PO Box 598
Rigby, lD 83442
Ph 208-745{029
l. Administative Costs
2. Engineering
3. Construction
Total
[e-mail]
$25,000
$30,000
$270,000
$325,000
Fax [phone]
lul U V -W/ 4-r: t
March 17,2014
Tim Wendland
Department of Environmental Qualtty
1410 N Hilton
Boise,Idaho 83402
RE: Budget Amendment Request- Moming View Water Company Loan# DW 1302
Dear Mr. Wendland
The Morning View Water Company would like to formally request an amendment to the budget for our
water [oan. We are requesting an additional $25,000 to be added to our construction budget as reflected
in the below outline. The request will allow us to pay Rocky Mountain Power for the electrical costs
that were not originally allocated in the scope of work. This request will help us facilitate all the costs
associated with our water system improvement project.
We appreciate your support and interest in our needs and enjoy working with the DEQ on our project.
Sincerely,
/r/-.- ,rti'/i.{Nolan Gnei{ing
President
Cc:Willie Teuscher
Rick Miller, The Development Company
(lD May2013)
Arcount#:59535984 001
Service lD #:793593310
Monthly
I GENERAL SERVICE COIIiNECT
(1000 KWoR LESS)
between
ROCKY MOUNTAIN POWER
and
MORNING VIEW WATERS
This General Service Contract ('Contract'), dated January 6, 2014, is hstween PacifiCorp, doing
business as Rocky Mountain Power ('Company'), and Morning View Waters ('Custome/'), for
eleclric service for Custome/s Comercial operation at or near 180 N 3900 E # Well , ldaho.
The Company's filed tariffs (thq"Electric Service Schedules'and the "Electric Service
Regulations") and the rules of the ldaho Public Utilities Commission ("Gommission"), as they may
be amended from time to time, regulate this Contract and are incorporated in this Contract. ln the
event of any conflict between this Contract and the Electric Service Schedules or the Electric
Service Regulations, such schedule and rules shall control. They are available for review at
Customer's request.
1. Delivery of Power. Company will provide 2771480 volt, three-phase electric service to the
Custorner facilities,
2. Contract Demand. The specified Demand in kW that Customer requires to meet its load
requirement and Company agrees io supply and have available for delivery to Gustomer,
shall be 70 kW (diversified, based on Customer's submitted load prior to the signing of this
Contract) unless otherwise agreed in writing in accordance with the terms of this Contract.
Within fifteen (15) days of the written request for additional demand, Company shall advise
Customer in writing whether the additional power and energy is or can be made available
and the conditions on which it can be made available.
3. Exterision Costs. Company agrees to invest $6,300.00 (the "Extension Allowance") to
fund a portion of the cost of the improvements (the "lmprovements") as per tariff.
Customer agrees to pay Company the estimated construction costs in excess of the
Extension Allowance ("Customer Advance'), Customer has paid for engineering, design,
or other advance payment for Company's facilities in the amount of $0.00, which amount
is reflected in the balance due in the Customer selected option below. (Customer must
initial selected option on the blank space at the beginning of the option and pay the
balance due given in that option.)
Refund Option. The total Customer Advance for this work is $21,970.00, the,
balance due'is $21,970.00, and Customer remains eligible for refunds. Company
will refund part of the Customer Paid Costs if additional customers connect to the
lmprovements within sixty (60) months of the date the Company is ready to supply
service. Company will refund a proportional share of the refundable Customer
Paid Costs allocable to the shared lmprovements for four (4) additional applicants.
The Company will try to inform Customer when a refund is dure. However, in the
event Company is unable to locate Customer or has not identified that a refund is
nNv-w4ol
NB
CIC:11471
ftequest #: 5852088' Conlracl #:
1of 5
7.
due Gustomer is responsible.for requesling a refund within twenty-four (24)
months of the additional applicantconnecting to the lmprovements.
I Contract Administfation Credit Option. Cugiomer chooses to receive a Contract
Administration Credit of $250 and waives their right to refunds should
additional applicants connect to the lmprovements. Accordingly, the balance
due is $21,720.00
Contract Minimum Billing. Customer agrees to pay a contract minlmum billing (the
"Contract Minimum Billing") during the first sixty (60) months beginning from the date the
Company is ready to supply service. The Contract Minimum Billing shall be the greater of:
(1) the Customer's monthly bill; or, (2) $252.41 (the monthly facilities charge) plus
eighty percent (80o/o) of the Customer's monthly bill. Billings will be based on Rate
Schedule No. 23 and superseding schedules. The Company willreduce the minimum
charges by the amount of the facilities charges associated with refunds due from
additional applicants connecting to the lmprovements.
Effective. This Contract &ill expire unless Customer signs and returns an original of this
Contract along with any required payment to Company within ninety (90) days of the
Contract date shown on page 1 of this Contract,
Term. This Contract becomes binding when both the Company and Customer have
signed it, and will remain in effect for five (5) years following the date when the Gompany
is ready to supply service.
ln the event Customer terminates service or defaults (which results in termination of
service) within the first five (5) years of this Contract, Customer shall be responsible for
paying the remaining Contract Minimum Billing for the remainder of the five year term.
lf Customer is not ready to receive service from Company within one-hundred fifty (150)
days of the Customer signature date recorded at the end of this Contract, then Company
may unilaterally terminate this Contract. lf Company has not installed lmprovements, then
suclr termination of this Contract shall not be treated as a Customer default and Customer
shall not be responsible for paying the Contract Minimurn Billing for the five (5) year term,
only Customer's advance will be applied to Company costs incurred for design, permitting
and other associated Contract costs. However, if Company has installed lmprovements so
that Company is ready to supply service, but Customer is not ready to receive service from
Company within said one-hundred fifty (150) days, then the failure of Customer being
ready to receive service from Company may be treated as a Customer default, and
Customer shall be responsible for paying the Contract Minimum Billing for the five (5) year
ternr.
Customer Obligations. Customer agrees to:
a) Provide legal rights-of-way to Company, at no cost to the Company, using
Company's standard forms. This includes rights-of-way on Customer's property
and/or adjoining property and any permits, fees, etc. required to cross public lands;
b) Prepare the route to Company's specifications;
c) lnstall all Customer provided trench, conduit, equipment foundations, or excavations
for equipment foundations within the legal rights-of-ways, and,
2of5*
8.
9.t
d) Comply with all of Company's tariffs, procedures, speciflcations and requirements.
SBecial Provisions: Meterbase must EUSERC approved and meet Rocky Mountain
Power specifications.
Underground Facilities.' lf service is provided by an underground line extension,
Customer will provide, or Company will provtde at Customer's expense: alltrenching and
backfitling, imported backfillmaterlal, conduit and duct, and furnish and install all
equipment foundations, as designed by the Company. Company may abandon in place
any underground cables installed under this Contract that are no longer useful to
Company.
Customer warrants that all Customer provided trench and excavat'rons for equipment
foundations,,and Customer installed conduit and equipment founddtions are instalted
within legal rights-of-way, and conform to the specifications in the Company's Electric
Service Requirements Manual, and other specifications as otherwise provided by the
Company. ln the event Customer fails to comply with the foregoing, Customer: shall be
liable foithe cost to the Colrpany for relocatingihe facilities wittrini legalright-of-way,
acquiring right of-way for the Company facilities, repair or replacement of improperly
installed conduit or foundations, and paying costs for damages that may arise to any third
party as a result of the Company facilities being located outside of a legal right-of-way.
The provisions of this paragraph 9 shall suryive the termination of this agreement.
Design, Construction, Ownership and Operation. The Company shall design,
construct, install, and operate the lmprovements in accordance with the Company's
standards, The Company will own the lmprovements, together with the Company's
existing electric utility facilities that serve or will serve Customer. Construction of the '
lmprovements shall not begin until (1) both the Company and Customer have executed
(signed) this Contract, and (2) all other requirements prior to construction have been
fulfilled, such as permits, payments received, inspection, etc. Any delays by the Customer
concerning site preparation and right-of-way acquisition or trenching, inspection, permits,
etc. may correspondingly delay completion of the lmprovements.
The Conrpany warrants that its work in constructing and maintaining the lrnprovements
shall be consistent with prudent utility practices. THE COMPANY DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTTED TO
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
AND SIMILAR WARRANTIES. The Company's liability for breach of warranty, defects in
the lmprovements, or installation of the lmprovements shall be limited to repair or
replacement of any non-operating or defective portion of the lmprovements or the
Conrpany's other electric utility facilities. Under no circumstances shall the Company be
liable for other economic losses, including but not limited to consequentialdamages. The
Company shall not be subject to any liability or danrages for inability to provide service tb
the extent that such failure shall be due to causes beyond the reasonable control of the
Company.
No other party, including Customer, shall have the right to operate or maintain the
Company's electric utility facilities or the lmprovements. Customer shall not have physical
access to the Company's electric utility facilities or the lmprovements and shall engage in
no activities on or related to the Company's electric utility facilities or the lmprovements.
14.
3of5
12.
11. Payments. All bills shall be paid by the date specified on the bill, and late charges shall
be imposed upon any delinquent amounts. Company reserves the right to require
customer payments be sent by EDI or wire transfer. lf Customer disputes any portion of
.Customer's bill, Customer shall pay the total bill and shall designate the disputed portion.
Company shall decide the dispute within sixty (60) days after Customer's notice of dispute.' Any refund Company determines Customer is due shall bear interest at the rate then
specified by the Commission or, if no rate is specified, the then effective prinre rate as
established by tlre Morgan Guaranty Trusi Bank of New York.
The Company may request deposits from Customer to the extent permitted under the
applicable Electric Service Regulations and the applicable Electric Service Schedule. ln
the event of a default by Customer in any of its obligations, the Company may exercise
any or all of its rights and remedies with respect to any such deposits.
Furnishing lnformation. Upon the Company's request, Customer shall submit its year-
end financial statements to the Company, certified to be true and correct and in
accordance with GAAP (GeneralAccepted Accounting Principles). Furthermore,
Customer shall submit additional information as the Company may reasonably request
from time to time in furtherance of the purposes of this Contract. Such information shall
be deemed confidential. The Company will base its decision with respect to credit,
deposits or any other material matter on information furnished under this section by
Customer, and shall reserve its rights with respect to such decisions should such
information be inaccurate.
Governing Law; Venue. All provisions of this Contract and the rights and obligations of
the parties hereto shallin all cases be governed by and construed in accordance with the
laws of the State of ldaho applicable to contracts executed in and to be wholly performed
in ldaho by persons domiciled in the State of ldaho. Each party hereto agrees that any
suit, action or proceeding in connection with this Contract may only be brought before the
Commission, the Federal courts located within the State of ldaho, or state courts of the
State of ldaho, and each party hereby consents to the exclusive jurisdiction of such forums
(and of the appellate courts therefrom) in any such suit, action or proceeding.
Assignment. The obligations under this Contract are obligations at all times of Customer,
and may not be assigned without the Company's consent except in connection with a sale,
assignment, lease or transfer of Customer's interest in Customer's facility. Any such
assignment also shall be subject to (i) such successor's qualification as a customer under
the Cornpany's policies and the Electric Service Regulations, the applicable Electric
Service Schedule, and (ii) such successor being bound by this Contract and assuming the
obligation of Customer from the date of assignment, which may be evidenced by written
agreement of such successor or other means acceptable to the Company. The Company
may condition this assignnrent by the posting by the successor of a deposit as permitted
under the applicable Electr[c Servlce Regulations and the applicable Electric Service
Schedule,
15. Remedies; Waiver. Either party may exercise any or all of its rights and remedies under
this Contract, the applicable Electric Service Regulations, the applicable Electric Service
Schedule and under any applicable laws, rules and regulations. No provision of this
Contract, the Electric Service Regulations, or the applicable Electric Service Schedule
shall be deemed to lrave been waived unless such waiver is expressly stated in writing
and signed by the waiving party.
13.
14.
4 ol5
16. Attorneys' Fees. lf any suit or action'arising out of or related to this Contract is brought
pV any party, the prevailing party or parties shall be entitled to recover the costs and fees
. (including, without limitatioh, reasonable attorneys'fees, the fees and costs of experts and
consultants, copying, courier and telecommunication costs, and deposition costs and all' other costs of discovery) incurred by such party or parties in such suit or action, including,
without limitation, any post.trial or appellate proceeding, or in the collection or enforcement
of any judgment or award entered or made in such suit or action.
17. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF
THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY
RIGHT TqCONSOLIDATE ANY AGTION IN WHICH A JURY TRIAL HAS BEEN
WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS
NOT BEEN WAIVED.
18, Entire Agreement. Thistontract contains the entire agreement of the partieS with
respect to the subject matter, and replaces and supersedes in their entirety all prior
agreements between the parties related to the same subject matter. This Contract mav
be modified onlv bv a subsequent written amendment or. aqreement executed bv
both.parties.
MORNING VIEW WATERS ROCKY MOUNTAIN POWER
ByBy
Mariager -
TITLE}.IAME (type or pdnl legibly)TlTLE
DATE
Customer's Mailing Address for Executed
Contract
DATE
Rocky Mountain Power's Mailing Address
for Executed Contract
170 West znd North
ADDRESS
Rexburq. ld 83440
CITY. STATE. ZIP
Itolan Gneitinq
ATTENTION OF
PO Box#.598
ADDRESS
]'IAME (typB or pdnt legibly)
5of5
r -lirfl :r- t Vtll-lt,
^rlutu4 uiffu!ftg msaf
. avsrl r arrvlJl! lr'l.lllPO\i/ER
_ V.ihdSoprdon
Load lnlormation - The load inlormation you provide is used in sizing tha Company facilities to meet your electrical '
demands, therelore it is'imperative that you provide accurate information and notily your estimalor if anything changes as
quickly as possible,
General lnlormatton:r Lins Extension Policy information can be lound online.al www.pacificorD.com by navigating as lollowsi\ . News & lnfo > Begulalory lnfomallon > Choosa your Statr- > ApprovedTaritls. . cuslomer to call UG locating two (2) flrllworking days prior to digging. The numbers lor each state are:. oR(800)332-2 4iwA(800)553-4it44; CA(800)227-260A: lD(800)342-15S5; UT(800)6624111;
WY(80o)84s-2476 or (800)348-1 030.r By accepting the $250 Contracl Administrilion Credit you waive your righl to luture refunds il applicable.r Conlact our eslirnator it you wiitr to relocalo the route as deslgnsd. Do not retocate the estimato/s slakes.r The Cuslomer is responsible lor loltowing the specifications conlalned herein as well as those lound in the Electric
Service Requiremenls Manual lorthe appropriate state. These can be found online al www.oacilicaro.comby
navigating News & lnfo > Electric Seruice Reguiremenls
Jotnr usor*och
Trench & Conduil
o Electric utilities (Cable TV,
Telephone) musi have at least 12'
clearance from secondary/servico
conduclors (12 horizontal and
verllcal ls p reler r ed AEIElgg!fu!
relativa to oimary conduclorsl.o Non-electric utilities (Gas, Water.
Sewer, etc.) and privalely-ot''med
lacilities may not be Installed in the
power lrench wilhout prior approval
by your estimatorr Csntact the estimator il you plan to
change the toute ol the seMce,
install more sweeps or increase lhe
len$h.@
a
Enw
IIGEID
Ods ElGt lot Ul!.t(Ll.eirfic, CrbLT\0
S.c$dry/ScrYb.(CrydufiE bl.,
Prlnrry(Cfidrficrue,
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Schcl grchrl0
lrndttrrt dErrtr
Cq1&Jlr/ Mh&nrn Mirt TrsfEtr Max. Bo&lCabb C,oror O.pth D6flh
F tnary
[e-mail]&ba
$' 36. 4E.24' 30' ,l8,
lleter Base
r Height ol meter shall be no greater than 6' and no less than 4 to center ol socket.. Each met€red service musl be permanently labeled to idenlily customer addresses by means ol a metal or hardplastic engraved type label for two or more units.o lf overhead servlce is taken 24'minimum tails are required to be left out ol the service mast.r When overhead service to a meter pole is taken, ihe pole must be sel at least 5' deep and the weatherhead shall be
located within 1' ol the lop ol the pole.r The Electrical lnspector (Stale, County orCi$) is the ptoper person lo answer most ol your questions regarding
your wirlng & equipment beyond the lnterconnection wiih our supplled service.
Before Sewice Gan Be Provlded* lt overhead primary is lo be installed ihe general requiremenl ls lor the trees & limbs to be clear 10'on eaih side olthe line. DO NOT TRIU TREES W|THIH 10'OF ExSnNG OVERHEAD PBIMABY LINES. Walk the route withyour estimalor lo deiermine what ls acceptable.r The Company can prepare the easement documents, but it is the custome/s responsibilily to ensure thal they get
signed and pay any associated costs.o Direct buded underground cable cannot be energized until covered by the cuslomer. Do nol cover a conduit systemuntil approved by the Company lnsp€ctor.o The schedule ol Company conslruction on your prolecl depends on ils size, the type ol maierial ordered (some
materials havelong lead delivery dates), and the workload ol the Company in your area and any changes to theinitial design. The work will not be scheduled until you have met all ol the requirements detailed on 16G lorm andhave called in lo lnform the Company.
?;a ",,
Prrwhtt\ ^**^urn*"*,^'rsyi,BtrrGour Et
ELECTHIC SERVICE BEQUIREMENTS AGHEEMENT
Cugtomer NamefLocation: I Ylo< ni^.rr di{.J lJ,J*r<- - rJar d.tl Request* S9(Cf.o9(
dLoad lnlormation iC<lrrrncr,ri..r, Crrslo,u€/ loadSheel required lor cofiimetcial customeB) a
Service Panel Size:3Ao nmp Phas,es:3 Voliage; .utqD - Sq. Fl.:- Motor/Heat Pump/A.C. Size: 44. FIP
Temporary'service required: No El- Yesil Gee ot g-'- - will appeu on lisl moullrtv billind
General lntormation:r Line Extension Policy Explained:EllCustomer to calllor locates d rVe nr Customer rvill accepi$250 Contract Arlministration Credit Yes fl No E Decide t-arei d N/A flo Roure (incrudins
""','"t#TI#}o?,1ii=xrEll?:liffiIff)#:I:1,"#l,xL1;,",1r:*'ained:ff
Trench & Gonduit (Nole: cuslailer lo irslall non-melatlic 'ttoly' pull rape, 4001b tesl minitnum lor all conduil instailalions) i
4/s
Customgr lo lnstall: Trench EliConduit ffVautt fl Companv lo Inslall: Trench fl Conduit f] Vautt [-l
Primary Trench Dimensions 42: deep X ,3.-" wide
No.OlrunsFrimaryConduitrequlred I . Diameler4-1'(Schectulea0GrayEiecttcatGmdejVC)
Number ol primary srryeeps 90' J. 45' 3 Badius 36" SteeUFiberglass E PVC ffpactory.made onty)
Secondary/Service Trench Dimensions 3D-: deep X l?-'wide
No. Ol runs Secondary/Service Conduit required I Diameter -3-" (Sch" 40 Gay Etectilc;tl Grade PVC)
No. Ol secondary/service sweep\ 90" tr 45"- Radius 36" SteeUF.G.E PvCffltairoty.ntaoe onty)
Riser Localidn matked on pole fl N/A Ef
Vaull excavation: 'w X ' I X _"d (hom linat gracle) Vaull spec provided f]
Read tll4- back ol lltis sheet lor addilicnal inlortnation on trcnchitl(t and conduit inslallalions
Meter Base to be lnstalled by Customer Localion sel as sfioua belorv on skelch (no variatiort wilhoul estimator apptovat):
o Undergrou nA rcA{ Overhead led I Treatedpuslomer Meter Pole Lenglh(r/ requrr e<ll-'
o
red Custo{u.Manual Link Bypass / Salety Socket {equked tr C.T. Enc.losure required I Dimensions: ------r SpecilicatiOnsordrawings prOvided: lrr^*a tLrw..L Dr*a/ *F44-iliaaHo,- r,ri l,t b-
Read tlrc back of this sheel loradditional me le rinq ins la ll al io ns
Before Service Can Be Provided (cail us at - -jqg:-All-.- *.to inlornt us olsrour ptogress on the loilottirrg):r Tree Trimming Required to be done by: Cuslomer I Company E nla E'e Eleclrical lnspection require<t (cuslotnet 9 contacl Cily, County o, Slate perntilling otticdd. Hight ot Ways required & explained El' N/A Do conrract or Lcller ot Agreement required and er<plained g( Vn flr Tiench and conduit to be inspocte affircatt jg-O:-*O)J --.. fot trcnch inspection"zq lvs notice nlin) N/A Eo Olher inlormation needed lrom customer before design can take place:
Head ilte back ol ltris sltreel lo( additionat iilomtalion on rcquiremenls
Sketch & Notes
Note: Any charges to this egreement must be communiceted to the Esllmator. Your estlmate ls good lor g0
days. lf you request changes to the cetlmate, or ll lt must be recreated aftsr cancsllatlon, the Company may
require a non-refundable re-engineering fee (minimum ol $200), payable in sdvancs.
, \)r,
bcilb L,loutain Power Cuslomeror DateHacky
Fomr fi NCff)OOO'l Ol I I llt:fl
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700' of l| 2 primory ug coblo between 1O ond 2O!I++=+_<;700' of { 2 prlmory ug coblo between 1O ond 2O!}++i-+-
2O-lnstoll 5 phose grouhd sleeva instoll 525' of i
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Sb-tnitotl zli t<io 277/80 ug xfmr lnstoll 40' of il/O ugqx instoll direct connect meter :
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03104039.0
Job Comp Dote
CI,STOMER : MORNING VIEW WATERS
ADDRESS:IBO N 39OO E TWELL
RIGBY. ID
Circuit
RGB1 1
Post Jobs ERoI tlPosted D
ESr rDir Print Dote
01 /06 /14
Scole
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