20101203Hearing Exhibit 701.pdf

.Nov 29 10 07: 5Sp p.2
,-"Agreement No. 4700000523
CONTRACT
LOW-INCOME WEATHERI lION PROGRA
IDAHO
Ths Agreement is effecve Janua 12, 2006, beeen Eastrn Idao Communty Acton Parrsip
("AGENCY'') and Uta Power ("COMPANY").
In consideraon of the mutu promise hereiner se fort, the paes agee as follows:
i. Effective Date
Th tenu of th Agreement shal apply 10 al services proided begig Januar l~ 2006.
Th sha be repJa in it entirly Contac No 300001762.
II. Servce Provided by AGENCY.
AGENCY agee to provide weaerizaon services to quaing Uta Power cumers inludig but
not lited to an energ audit, inlaon of weaerion meares, pos inpecon an bilin
notfication to COMPAN.
Th AGENCY wil intal aU mea in a maer tht mee feder, st an loca buding codes.
Uf. Program.
Th LOW-INCOME WETIRIATION PROGRA ("PROGRA') sha apply 10 COMPAN's
residen cumers residig in ex dwellings. Al Major Meares and Supplement Meaures
# I though #6 deted below ar applicable in dwelligs whe elecçity is the prima source of
heag energ. Th is defied as an el. syst tht is operale an permently inled \\it th
cait to hea at lea 5 1% of the dwellng. Th dwelli mus be the pricipal residence oftbeeligible cusmer. Elec be is not re for the inson of supplemen meaur #7 though
#9 lid uner Secon B below. All Meaures insed mus mee federa st an loc buildig
codes. Meaur ar not eligible for fial inives frm other COMPAN prog. Elible
Meaur include:
A. MAOR MEURS (Rquied): To the ext tht a U.S. Depent of Energy approved audi
deteres th a Major Mea is co effectve (Savigs to Investent Rao is 1.0 or greate) an
such Maor Meaure quaifes for inon. it mus be inled or ficia assis wi not be
offered for any oter me. Th mea is not required if physica barers exist tht prohibit the
inllon of a meaure. Notg sha preclude the Compay frm providing a reimursement for the
inon of a grea R-vaue of inaton for these items so long as audit results show it to be fully
co effectve (Savings to Investment Ratio of 1.0 or grr). Major Meaure are lid below:
1. Ceiling inulon up to R-48 for ceili with less th R-30 in place. R-30 or betr atcs 'Wil not
be fuer inulat.
2. Floor inlan over un spaces up to R-30.
3. Wal inulon up to R-26 for wa with no exstg insulon. (Fincing wil not be available for
the insation ofur-fonndebyde ""'all insulaton).
CAPAI Exhibit No. 701
4. Replament windows with a V-vaue of .35 or less.
Coriw.v: Initial Aieicy Inti.1i
t'( 701
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Agreement No. 4700000523
B. SUPPLEMEAL MESURS: These energy conservtion meares ma qualif for a Compay
reimbunt when audt reults show th tbey ar fuy co effectve (Savings to Invesnt Ratio of
1.0 or grr). Supplement Meares are lied below:
I . Attc ventlaion exludi power vent, when inled wit ceiling inultion (required if
ned at th time ceilng inulon is insed). Whole house mechaca ventilation, an spo
ventiltion for kien and bat at ti ceiling iosulon is ÍUlaUed.
2. Ground cover and wate pipe wrp when ined wi floor inulon; oter var barier marils
as requir when inled wit floor or ceiling inulaon.
3. Force ai elecc spac heag duc inulation and sea in unheaed spacs.
4. Weatherpping anor calking including blower door asistd ai seing an duct seag.
5. Th dos.
6. Timd tberm on centry CODtoUe multi-roo hetig/coling systems exept when used
witb bea pums. He ancipa ty thermost for zona eleic resistce heting sysem.
7. Pipe inulaon, enrgy effcien showerbea and aeraors where an electc war hear is pre.
S. Compa flore lipt bulbs applicle in all hom -liit 8 Enrgy Sta ceed buls pe
home pla in fies th ar on 2 or more hour per day.
9. Regerars applicale in all home: Refgeror mols wit anua usae lised in the
Weaeron Asis Prog Technca Assistce Cenr da as 900 kWh or greaer
may be rela wit an Enrgy Sta model with esat anua consumption of 500 kWh or less.
Repla refgeraors mu be removed and reycled in acrdace with EPA gudelines.
iv. Customer Elipbilty.
For th purses of th Agreement, custmers eligible for the PROGRA are those Uta Power
cumer biDed though a Uta Power reident ta schedule and cerified as income eligible
accrdig to AGENCY proures. Propert owner as well as renters may parcipat. Finial
assistce wil be proide one ti ony on an individua Major or Supplementa Meaure. and up to
two times per dwellng. An inceve will be provided a secnd ti only on dwellings origi.jy
trea before Ocober I, 1993.
Duplexes and four-plexes quif for the progr if one ha of the dwelling is occupied by low-income
tenats. Triplexes an oter muli-fay dwells quafy if 66% of the unts are occupied by low-
income tena. COMPAN wi offer a rebate for eah duplex triplex, four-plex, or multi. faly
buildig only if meaures are inaled in i 00% of the unit. COMPAN wil not offer a rebte for any
UIt ifless th 100% of th building is weatherized.
V. Payment.
Not lar th 120 days afr job completion. AGENCY will subnút an invoice form on each completed
home an a cover invoice itemiing the amount due per submitt, to COMPAN. Upon receipt,
COl\fP AN ",ril review the invoice and expnditues for approval. COMPAN agrees to reimburse
7J1Aie A ENe 0 of approved Major Meaure and Supplementa Meaure cos (a te aa óllæfdf~ ~'" . Meaures must be
detenned though audit reslts to be fuI.y cost effecive. All fully cost effective and strcturay
feaible major meaures must be instaled or in place_ AGENCY shal reta a copy of all Homeowner
Agreements and the signature of tiie d"veJling ovmer that permits AGENCY to provide these ~ef\,jcesCo=v: Iniial Av.cncv: Inlial
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Agreement No, 4700000523
an COMPAN to inpec inlaons. The releae signed by the eligible custmer will also alow
COMPAN to provide usae da to a consulting fi in order to determe PROGRA energy
savings reaze.
Admnisttive reimbursement wil be mae using the following schedule:
15% of COMPAN's reimburment on Major Mea an Supplement Meaures, not to exceed
the followig tota adinstve payment per building:
Dwellin Unîuildin
1 to4
5 to 10
11 to 15
16 to 20
21 to 25
26 to 30
31+
Maxum Paymnt
$350
$800
$1,200
$1,400
$1,600
$1,800
$2,100
The maum agregat anua (Apri I though Mach 31) reimburment by COMPAN for Major
Meaes, Supplementl Meares an Adstve Cost Reimbursement is limted to $75,000.
The minimum reimurment wi be $150 on a home wi one or more Major Meure ined and
$50 on a hoe without the intalan of a Major Meaur.
COMPAN may, AT ITS OWN EXPENSE, audt weatherizon and finaia records of AGENCY
for custmers reeivig services wider th PROGRA.
VI. No Payments by Customer Program Paricipants.
All services, maters an intalaons will be avale at no cost to the cusomer (pROGRA
parcipants). The balance of reqired fudig for weathon, mapower, an equipment wil be
provided by the AGENCY thgh stte and federal progr fuds, as well as lanord contrbutions.
VII. Insurance.
A. Without liting any liilites or any oter obligations of AGENCY, AGENCY shl prior to
commencing work. secue and contuously carry'\it inurers acle to COMPAi'T' the following
inurance coverage:
Commrcial Qeml Liability inurae wi a minimum sinle lit of $1,000,000. The coverage shal
include: Boly Injury and Propert Dae Liabilty, Contral Liability, Product and Completed
Operations to extend for a mium of two yeas pa aceptace or termtion of the work. to prot
again and from all loss by rean of injury to persons or dae to propert, includig AGENCY's
own workers an al thd persons, and propert of COMPAN and al thd paries based upon and
arsing out of AGENCY's operations hereunder, including the operatons of its subcontractors of any
tier.
Business Automobile Liability inurace with a minimum single liit of$l,OOO,OOO for bodily injury
an propert dage 'with respect to AGENCY's vehicles whether o\vned, hied or nonowned assigned
to or used in the performce of the work.
B. The policies required herein shal include 1) provisions or endorsments naming COMPANY, its
directors, members of its PacifCorp Board, ScottishP(lWer Boarcl offcers and employees as additional
insured, and 2) a cross-liability and severability of interes clase.
Ct, imnUJ v: Initi:i A.enci:: lniaJ
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Agreement No. 4700000523
C. All policies requied by th Agreent sball include provisions th such inurance is pri
inurace with respec to the interest of COMPAN an th any other inurce maintained by
COMPAN is exce an not CObutory inur with the inur reuied hereunder, and
provisions th suc policies shall not be caceled or their limi of liailty reduced without ten (10)
days prior wrttn notice to COMPAN if caceled for nonpyment of premium, or thrt (30) days
prior wrtten notice to COMPANY if caeled for any oter re. A certcate in a form safaOI)'
to COMPAN certing to the issu of such inurce, slil be furned to COMPAN. For al
commercia genera liailit covee wrn on a .'cla-mae" basis, the certfica shal also ident
the retroaive da and al laer endorsements, if any. If rees by COMPAN, a copy of eah
inrae poliey, certfied as a tr coy by an authori representtive of the issuing company, sh
be furnshed to COMPANY.
D. COMPAN sha be notifed by AGENCY of any commercia generalljability policies mataed
hereuder an written on a "cla-made" form. Such ince policies wnttcn on a "cla-made"
basis sh be ma by AGENCY for a miiúur period of five (5) yea afr the completion of
ths Agreement and COMPAN may, at it discreion, requie AGENCY, at AGENCY's sole expene,
to in otr meres to guan futu covere for cla as contemplad by th Agreement.
VIII Workes' Compeasatioo.
AGENCY shl comply with al applicale worker' compenson ac in the st of Idao, an shal
fuh prof theof saisry to COMPAN prior to commencin work,
ix. Liabili; IDdemaificatin.
AGENCY shl be responsible for the appro supeision and paymnt of aU contrs, th
selecton of aU ma, the inlaion of al marial, an al trng, and COMPAN shl not
have any reponsibili or liailty therefore. PacifCorp sha not have any resnsibilit or liili for
the qua of the meres inled or any clai 'with respe thereto.
AGENCY specificaly and exresly ages 10 defend, indem, and bold baess COMPAN, its
diectrs, members of it PaciñCorp Bod, ScotthPower Boad, offcers, agen, and employee
(collecvely "Indemnteesj ag an from any and al losses, cla, demads, suits, or cost an
damaes of every description, includig attrneys' fee, brought or mae ag or incurred by any of
the Inemntees reslting from. aring ou ot: or in any way conected v.ith any act, omission, faut, or
negligence of AGENCY, its employee, agtlnts, repretives, or subcntors of any tier, thir
employees, agent, or representves in th perrmce or nonperformce of AGENCY's obligaons
under th contact or in any way relate to this contac or in any way related to the preeding
parh. Th inemnty obligaons under ths arcle shl include without lion:
Los of or dae to any prope ofCOMPAi'l, Contrr, any customer or any third par;
Cla rela to the quit or perfonnce of the intaled meares,
Boily or persona injury to, or death of any person(s), includig without limitation employees of
COMPAN, or of AGENCY or Its subcontrators of any tier or any customer; and
Claims arsing out of Workers' Comp(~nstjon, Unemployment Compeiiatioß, or similar such laws or
obligations applicable to employees of AGENC\' or its subctrors of any tier.
AGENCY's indemnty obligation under tbs Article shal not extend to any liability caused by the sole
neghgence of any of the Inderunitees.
CClS'iO\. liutial Al!i"UCV: ¡lIlia!
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..ieement No. 4700000523
X. Laws and Regulations.
AGI:'NCY shl at al ties comply with all applicale laws, stte, rules, regulaions, an ordices,
inludig without limitaon those governg wages, hours, desegregation, employment dicrination,
an health an saet. AGENCY shal comply wit equal opportty laws and reglaions to the exent
th they are applicale, includig without lùntation the following:
Executive Order NO.1 1246 an 41 CFR, Secton 60-1.4 (Employment Discrimiion);
Executive Order No. i 1701 an 41 CFR Secon 60-250.4 (Employment of Vetera);
Exetive Order Nos. i 1625 and 12138 and 41 CFR, Par I-I (Utilizaion of Minori and
Women-owned Busineses);
Exeutive Order NO.1 1758 an 41 CFR Secon 60.741.4 (Eployment of Haicapped Individuals);
an
Age Discrion in Employment Ac of 1967, as amended.
AGENCY sball indemnfy, defend, and hold bales COMPAN, its diecors, members or its
PacifiCorp Bod, ScoUihPower Board, offcers. employ, and agents ag any daes.
penaties, costs or ex ined in connecon with any ac or aleged violaon theof, an
from any liailit, includi fies, penaties, an oter cost, arsin out of AGENCY's fae to so
comply.
XL Liens.
AGENCY sball
i) indemnfy, defend and hold baess COMPAN and COMPAN's custmers frm al laborers',
man's and mechcs' lien or clams mae or filed upon the work or the propert OD
which the work is locad on acun of any lar peñormed or lar, services, equipment and
mas furnshed by AGENCY's subconttors of any tier an al marien.larers.
mechacs an oter persons in connecion with the work an
ii) keep the work an sad propert free an clea of allicns or cl aring from the perfonnce of
any of the work covered by th Agrmen by larers, mechacs, and othr such persons.
XII. Promotion.
All wntten marials designed to decrbe or promot the PROGRA sha be cordid beteen
AGENCY and COMPAN st
XIII. Independent Contractor.
AGENCY is an independent contrr, an al persns employed by AGENCY in connection herewith
shall be employees of AGENCY, an not employees of COMPANY in an respect.
XIV. Entire Agrement.
This Agreement and any referenced atthments consitute the complete Agreement between the paries,
and supersees al existg Agreements beteen the pares. It is subjec to chage only by an
inent executed in 'writing by bot paries.
c.~nipiv: I ni ial tI.L""':V: lniial
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Agreement No. 4700000523
xv. Termination,
Th Ageement shal be in effec unti term by eith pa upo th (30) days wrtten notice
frm one pa to the oter. Th proviion of Seons Vß thug XI of th Agreemen shll survve
the terminion of ths Ageement.
XVI. Assignent.
AGENCY shl not assig ths Agreement, or any pa hereof: without the pnor wnttn consnt of
COMPAN, an any atte assignnt in violation hef sha be void.
XVII. Invalid Proviions.
If an provision of th Ageement is held to be ilega invalid, or unenforceable under present or fuwr
laws, such provision shal be fully severable; ths Agreement shal be consed and enforce as if such
ilegal, invalid, or unnforcble provision ba never comprised a par of ths Agreement; and the
remaning provisions of this Agreement shal rema in fu force and effec and shal not be afeced by
the illega invalid, or unenorceale provsion, ther sha be added aumacay as a pa of th
Agreemen a provison as sim in term to such illegal, invald, and unorceale provision as may
be possible an be legal, vald, an enforcele.
Ths Agreeent is agee an acep by:
PACIFICORP EATERN IDAHO COMMUNll ACTON
PARTNRSHIP
Signre:Signtue:
Name:Nam:
Tite:Tite:
Dat:Dat:
Compan-,.: tnriaJ A¡:encv: I ntisl