HomeMy WebLinkAbout20- Customer Agreement - NorthWestern Energy - BMX Park NorthWestern: Notification#340126624
Energy
CUSTOMER AGRE,EME,NT
This Customer Agreement (the"Agreement") is made and entered into effective as of 11/13/2019 by
and between NorthWestern Energy (the "Company") and CITY OF BOZEMAN (the "Customer"). Sometimes
in this Agreement, Company and Customer are collectively referred to as "Parties" or individually as a
"Party." Capitalized terms have the meaning set forth in NorthWestern Energy's Electric Tariff and the
NorthWestern Energy Natural Gas Tariff (collectively the "Tariffs" and individually the "Gas Tariff"or"Electric
Tariff"), which sets forth service, installation and contribution rules and regulations established by the
Montana Public Service Commission (the "MPSC"). The Tariffs are available for review at
http://www.northwesternenergy.com/residential-services/how-to-read-your-bill/tariffs-and-rates/montana-tariff
s-and-rates.
RECITALS
WHEREAS, Customer applied for natural gas or electrical service from the Company; and
WHEREAS, in accordance with the Tariffs, Customer must execute this Agreement and contribute to
the cost of installing the facilities required to provide service to Customer's premises because the distance of
the new service line is greater than the permitted free extension allowance;
NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement,
the Parties agree as follows:
AGREEMENT
1. SERVICE AND CONTRIBUTION REQUIREMENTS.
The Company agrees to install, operate and maintain facilities generally described as Transformer
Removal, OH Primary Removal, Transformer SinglePhase UG, Primary UG 3 Phase, Primary UG Single
Phase and is specifically described in Quote 25092594, which is incorporated herein by this reference (the
"Quote"), to serve Customer at 5TH AVE OVERHEAD TO UNDERGROUND, BOZEMAN, MT 59715 in
accordance with the requirements of the Tariffs. Customer agrees to comply with the terms and conditions of
this Agreement and remit to Company the total contribution of
$ 46,796.75 , which may include a federal tax surcharge and administrative/engineering fees and is
more fully described as follows:
1.1 Advance. In consideration of the Company's agreement to install facilities, Customer agrees to pay an
Advance in the sum of$ 0.00 for construction of the facilities identified in the Quote.
FLFCTRICAL NATURAL GAS
Single Family Residential Residential/Other Core Customers
(Electrical Tariff 6-2) (Gas Tariff Rule 6-2)
General Service or Non-Single Residential New Subdivision or Housing Project
(Electrical Tariff Rule 6-2) (Gas Tariff Rule 6-6)
Loads of Uncertain Duration Loads of Uncertain Duration
(Electrical Tariff Rule 5-7) (Gas Tariff Rule 5-7)
New Subdivision or Housing Project
(Electrical Tariff Rule 6-7)
Electric Lighting
(Electrical Tariff ELDS-1)
For clarification, an "Advance" is a refundable contribution to the installation costs of the Company's facilities,
and is made by the applicant prior to the initial installation. A portion of that advance, up to but not exceeding
the full amount, may be refunded when additional residences or properties requiring service may connect to
the facilities installed under this Agreement within the applicable 5 year(all natural gas customers, General
Service electric, non-Single Family Residential electric, all new residential subdivision and townhouse
connects) or 10 year(for Single Family Residential electric) periods after Company's completion of the line
extension for the Customer. Future applicants attaching to existing facilities that carry Advance line extension
designation within the time periods referenced above share in cost of the installation of the original line
extension. Any future attachments will result in a refund to Customer in an amount determined by the
Company in accordance with the Tariff. No refund will be made after the applicable 5 or 10 year period.
NordiWesterri Notification #340126624
Energy
AND/OR
1.2 Contribution in Aid of Construction. In consideration of the Company's agreement to install service
facilities, Customer agrees to pay a CIAC in the sum of$ 46,796.75 for construction of the facilities
identified in the Quote.
For clarification, a"CIAC" is a non-refundable payment made by a customer to pay for costs in excess of the
free allowance set forth in the Tariffs.
2. CONDITIONS TO INSTALLATION.
2.1 Payment. Customer shall make payment of the Advance or the CIAC (if payment is required) prior to
Company scheduling a construction start date. Company must receive payment and satisfactory evidence of
required permits and right-of-way authority prior to ordering materials, scheduling crews or starting
construction.
2.2 Right-of-Way. Customer shall provide the right-of-way required for the installation of the Company's
service facilities. Customer shall grant or obtain for the Company an easement along the route of the line
extension in a form satisfactory to the Company.
2.3 Permits, Customer shall provide all required permits from appropriate governmental agencies for the
construction work and installation of the Company's facilities and Customer's equipment. Copies of all
permits must be provided to the Company.
2.4 Additional Costs. If the Customer requests facilities be installed in frozen, rocky or hard ground, the
Customer may be responsible for additional charges for installation. The Company will notify the Customer of
these charges prior to installation when feasible, and otherwise when encountered during the installation
work. If the Company requires additional charges prior to installation, and the basis for such extra cost is not
encountered during the performance of the work, Company shall refund such charges to Customer.
2.5 Storm Water. Customer is solely responsible for compliance with all Montana Department of
Environmental Quality storm water regulations. All soil disturbing activities deemed necessary by the
Company for the installation, operation and maintenance of the facilities must be incorporated by Customer
in the Storm Water Pollution Prevention Plan. Customer shall operate and maintain all storm water best
management practices at all times.
2.6 Underground Facilities. Prior to construction, all customer-owned, rented or leased underground
facilities (including but not limited to sprinkler systems, septic systems propane tanks and associated lines,
and communication and electric lines) must be properly identified and physically marked by Customer. The
Company is not responsible for damages resulting from mismarked or unidentified customer facilities.
Contact the Company's Construction Department with questions related to appropriately marking
Customer-owned facilities.
2.7 Customer's Equipment. Customer shall install Customer's facilities in accordance with the Company's
"New Service Guide" and "Electric Service Requirements &Guidelines."The location of Customer's meter
must be approved by the Company prior to the installation of equipment owned by the Customer. Customer
shall provide service entrance and termination points as specified by the Company's installation standards in
effect at the time construction begins.
2.8 Restoration and Grading. The Company will make a reasonable attempt to preserve private roadways
and landscaping, but Customer is responsible for final compaction and restoration of private roadways and
landscaping, including the removal of excess spoil piles. The Company will install facilities with the
understanding that ground-level is the final grade, unless otherwise directed in writing by Customer. Should
changes to grade be made in the future that result in Company's facilities being raised or lowered, the
Customer is responsible for the costs associated with this change.
3. GENERAL CONDITIONS.
3.1 All terms, prices and conditions set forth herein are subject to modification resulting from changes in
applicable rules, Tariffs, regulations, ordinances, the scope of project, and laws that may be amended or
enacted after the date of this Agreement.
3.2 The payment amounts set forth in this Agreement are effective for 4 months from the date of this
Agreement. If construction has not commenced within such period due to any action, omission or failure to
act by Customer, the project will be reviewed for any changes in the cost. The Company will perform one line
extension engineering cost estimate per year at Customer's location free of charge. If subsequent redesign
estimates are requested within the one year period from the original quote, a charge of$61.00/hour
NordiWestem Notification#340126624
Energy
(minimum charge =$61.00) will be assessed and is payable prior to delivery of the estimate to Customer. If
Customer proceeds with installation, fees paid for estimates will be credited toward the contribution payment.
3.3 If the facilities required to serve Customer must be relocated or modified at the request of Customer
after installation, the Customer shall pay the costs of moving Company facilities.
3.4 The Company agrees to establish service within a reasonable period of time after the Customer's
equipment passes inspection by the state and local authorities as required by law. The Company will
proceed with the survey, design and construction of its facilities in a normal manner using its existing work
force (Company employees or contractors) and material supply sources. Installation will be performed during
normal working hours and the Company may reschedule the work to achieve efficient workload of Company
forces. Availability of materials, weather conditions, frozen ground, access, or obtaining permits from
governmental agencies or railroads may cause delays beyond the control of the Company or the Customer.
3.5 If Company is installing lighting units, the facilities will be placed in a location agreeable to both
Customer and Company. Customer is responsible for notifying Company of any outage of lighting units.
Company will make repairs and replace defective or damaged facilities within a reasonable time after notice
of any outage, but Company does not patrol the system to determine if the lighting units are in operating
condition at all times.
3.6 In the event of a conflict between the terms of this Agreement and the Tariffs, the terms of the Tariffs
prevail.
4. ADDITIONAL CONDITIONS.
PLEASE SIGN & RETURN THE CUSTOMER AGREEMENT ALONG WITH PAYMENT (IF ANY) IN ORDER
TO PLACE THE PROJECT ON THE CONSTRUCTION SCHEDULE.
THIS PROJECT INVOLVES RELOCATING THE 3 PHASE OVERHEAD PRIMARY CONDUCTOR ALONG
THE EAST SIDE OF N 5TH AVE. N.W.E. WILL BE INSTALLING PRIMARY 15 KV DOWN THE POLE AT W
TAMARACK AND N 5TH AVE. WE WILL INSTALL A 3 PHASE JUNCTION CAN APPROX. 15 FEET TO
THE SOUTH. WE WILL THEN TRENCH IN 355 FEET OF#2 15 KV PRIMARY IN 2"CONDUIT FROM THE
J-CAN TO A SECOND 3-PHASE J-CAN JUST SOUTH OF THE W ASPEN ST INTERSECTION. WE WILL
INSTALL A SINGLE PHASE, 25 KVA, 120/240 VOLT PADMOUNT AND RE-FEED THE UNDERGROUND
SERVICE. CONTINUING SOUTH, WE WILL TRENCH IN AN ADDITIONAL 280 FEET OF#2 15 KV
PRIMARY, SET A THIRD THREE PHASE J-CAN JUST NORTH OF THE LAST POLE. WE WILL THEN TIE
THE EXISTING UNDERGROUND PRIMARY THAT COMES OFF THIS POLE INTO THE NEW JUNCTION
CAN.
PRIOR TO INSTALLATION THE FOLLOWING ITEMS MUST BE COMPLETED:
1) THE DIG PATH IS TO GRADE AND CLEAR OF ALL CONSTRUCTION MATERIAL, DIRT PILES, ETC.
2) ALL PRIVATE UTILITIES HAVE BEEN LOCATED (EX. SPRINKLER LINES, DOWN STREAM LINES,
ETC.)
3) FUTURE RIGHT OF WAY LINE IS STAKED SO THAT THE UNDERGROUND REMAINS IN THE RIGHT
OF WAY. ALSO A CUT/FILL SHOULD THE ELEVATION BE CHANGING MORE THAN +/-6".
NWE IS NOT ADDING FROST DIGGING CHARGES TO THE COST OF THE PROJECT. HOWEVER, IT IS
THE RESPONSIBILITY OF THE CUSTOMER TO MITIGATE FROST EITHER BY PRE-RIPPING OR
GROUND THAWING TO NWE SPECIFICATIONS. IF THERE IS MORE THAN 6"OF FROST OR THE
PRE-RIPPING IS LEFT WITH UNUSABLE BACKFILL MATERIAL THE CREW WILL EITHER DIG
THROUGH THE FROST AND/OR BRING IN BACKFILL MATERIAL. THE COST TO DIG THROUGH
FROST IS$9,100 AND FOR BACKFILL MATERIAL A MINIMUM OF$2,000. THE CREW ALSO HAS THE
OPTION OF PULLING OFF THE JOB UNTIL THE THAWING IS COMPLETED OR THE BACKFILL
MATERIAL HAS BEEN BROKEN UP. THIS WILL RESULT IN THE PROJECT GOING TO THE BACK OF
THE SCHEDULE.
BY SIGNING THIS AGREEMENT YOU REALEASE NWE, RMC, MP, AND PAR FROM ANY LANSCAPING
RESPONSIBILITIES ASSOCITED WITH THIS PROJECT.
Nord&esteni Notification #340126624
Energy
IF YOU HAVE ANY QUESTION, PLEASE CONTACT DEREK AT 406-581-3987.
THANKS.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in duplicate as of the
day and year first above written.
NORTHWESTERN ENERGY CUSTOMER
w � A
By:
Printed Name: Derek Westveer Printed Name: ^S
Title: Engineer/Project Manager Title: kN c,—
Date: 11-18-2019 Date:
Phone: 406-581-3987 Phone: