WALTERS, KRAUSKOPF & BAKER ATTORNEYS AT LAW 204 N. ELM STREET

P. 0. BOX 119 MOOREFIELD. WEST VIRGINIA 26836

JACK H. WALTERS HOWARD E. KRAUSKOPF JESSICA MATHIAS BAKER

July 8,2008

WV Public Service Commission Sandra Squire, Executive Secretary 201 Brooks Street Charleston, WV 25323

Re: Town of Moorefield CASE NO. 05-0882-W-MA CASE NO. 05-0812-W-CN

TEL: (304) 530-6618 FAX: (304) 530-2336

e-mai I: jac k@w k b law.org howard @ w k b law.org jessica@wkblaw.org

1 rB

Dear Executive Secretary Squire:

Enclosed herewith please find the 12 copies of Petitioner's Responses to Staffs First Data Request of the Town of Moorefield Upon Reopening. I have forwarded the original to John R. Auville, Esquire, Staff Attorney at his address of Legal Division of the Public Service Commission of West Virginia, 201 Brooks Street, Charleston, WV 25323. I have done so in accordance with his request set forth in Staffs First Data Request of the Town of Moorefield Upon Reopening. I have also forwarded a copy of this correspondence as well as the enclosures submitted herewith to the other parties initially involved or their counsel as is evidenced by the Certificate of Service attached hereto.

Kindly advise with regard to any questions.

Kind regards, Sincerely yours,

RS, KRAUSKOPF &

JHW:sm Enclosures cc: Town of Moorefield

John R. Auville, Esquire Thomas R. Michael, Esquire Mallie J. Combs-Snider, HCRDA Peyton Umstot, PPC

WALTER§, KRAUSKOBF & BAKER

ATTORNEYS AT LAW M 00 RE Fl E L!J

WESTVlRGINlA

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

CHARLESTON

CASE NO. 05-0812-W-CN

TOWN OF MOOREFIELD WATER WORKS, a municipal utility, 206 Winchester Avenue Moorefield, Hardy County, West Virginia,

Application for a certificate of convenience And necessity to construct a 1.64 million Gallon water tank, water treatment plant and Water system piping improvements.

CASE NO. 05-0882-W-MA

TOWN OF MOOREFIELD, a municipal utility,

Investigation and suspension of increase in water rates and charges as a result of Partitions filed in accordance with West Virginia Code 524-2-4b.

RESPONSES ON THE PART OF PETITIONER TO STAFF’S FIRST DATA REQUEST TO THE TOWN OF MOOREFIELD UPON REOPENING

Enclosed herewith please find Petitioner’s responses to Staffs First Data Request

dated June 18,2008.

The responses have been developed and formatted in accordance with the Rules

and Procedure of the Public Service Commission of West Virginia.

TOWN OF MOOREFIELD Petitioner, by Counsel

WALTERS, KRAUSKOPF & BAKER Attorneys at Law P.O. Box 119 Moorefield, W 26836 [304) 530-6618

@. Walters WV State Bar #3915

Case No. 08-0812-W-CN

1 (a) Provide a copy of the Engineer’s certified bid tabulation for each contract or vendor bid awarded for this project. (Note that submittal of this item was required to have been submitted within ten days of the bid opening date pursuant to the Commission Order of October 24,2005.

b. Prepared by Brian Aylaian, Project engineer, Metcalf & Eddy, Laurel, Md. Telephone: 301-362- 5295

c. Phyllis Sherman, recorder, Town of Moorefield, WV 26836 Telephone: 304-530-6142 or Brian Aylaian, Project engineer, Metcalf & Eddy,14504 Greenview Drive Suite 400,

Laurel, Md.20708

d.. Response prepared July 3,2008

e. See attached sheets.

Town of Moorefield, WV Contract W-2005-1 1.64 MG Water Storage Tank Engineer's Certified Bid Tabulation Summary

Certified by:

Metcalf & EddylAECOM Laurel, MD branch

Metcalf & Eddy

Date: November T ' ~ , 2006 To: Town of Moorefield

From : Jim Flood Subject: Moorefieid West Virginia 1.64 MG water tank

Bid Opening October 3, 2007, Review of Contractor Bids

Distributiow: Phyllis Sherman, , Grant Davies, Bob Jarreis, Tom MCNUit)!

The Town received bids for the 1.64 ndlion gallon A w A D- 1 10 water tank t~ be constructed on Tannery Hill. Bids were received at 2:OO prn

The two bidders were Natgun Corporation and Preload, Inc.

Both of these contractors have historically constructed Metcalf and Eddy water tanks and each have completed over 50 D110 wire wrapped concrete tanks similar to the one'that has been designed for the Town of Moorefield.

Both bidders are deemed to be qualified for the work

The IOW bidder was Natgun Inc with a bid of $1,958,575. The second place bidder was Preload, Inc with a bid of $2,156,663 The engineers estimate for the project was prepared in 2005 was $1,633,000

M&E is seeing rapidly increasing prices on steel and concrete and believe The low bid reflects the current market conditions and should be awarded.

Case No. 08-0812-W-CN

2.(a) Provide an executed copy of the “Certificate of Substantial Completion” as prepared by the Engineer. (Submittal of this item is also required by the above noted Order)

(b) Prepared by Brian Aylaian. Project engineer, Metcalf & Eddy, 14504 Greenview Drive Suite 400, Laurel, Md.20708 Telephone: 301-362-5295

(c) Phyllis Sherman, recorder, 206 Winchester Avenue, Moorefield, WV 26836 Telephone - 304- 530-6142

or Brian Aylaian, Project engineer, Metcalf & Eddy, Laurel, Md..

(d) Prepared on July 2,2008.

(e) See attached sheets

METCRLF 8 EDDY INC Fax:?81-224-6665 Jul 2 2008 13:51 P.02

PROJECT. , T ? ~ ~ ~ ~ ~ ~ , , ~ ~ ~ ~ e , f ~ e ~ ~ ~

DATE OF ISUANCE .. .?uAY. .?.!, . .? !? 08,. ....................................................................

64 MG Water Tank

Town of Moorefield, West Virginia OWNER ........ ,,.. , ................................................................................................ OWNER'S Conlraict No. ............................ W-2005 -1

Natgun Corporation ... . CONTRACTOR ..................................... ENGINEER Metca;.f.. pf . .Eddy!. .?E.?:. !.AEcoM

This Certificate of Substanlial Completion applies to all Work under the Contract Documents or to the Mlowing SpeCi6Cd PmS thereof:

A11 work under the specified contract.

Town of Moorefield, 206 Winchester Ave., Moorefield, WV 26836 10 ................................................................................................................... OWNER

Natgun Corporation, 11 Teale Road, Wakefield, MA 0 1 8 8 0 And To ............................................................................................................... CONTRACTOR

The Work to which chis Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and sha! Work is hereby declared to be aubstandally cornp1eta-b accordance with the Contrsct Documents on

May 21, 2 0 0 8 ........................................... DATE OF SUIBSTANTLAL COMPLETION

A lsntativs list of ilsms to be completed or corrected is arcached hereto. This list may not be all-inclusive, and The failure IO include an iccm in it does not alter the mponsibiliry of CONTMC'IQR M Cornpiece all the Work in accordance with rhe Contract Documcnte. The items in the tentative h t shalt be complcsed or corrected by CONTRACmR within days of the above date of Subsrantid Campierion,

WCDC No. 191o.d-D (fW ]Edition) Prepnnd by h e Enginen Joint Corilracl Docwntnro Committee snd andorsad by Tkc Associarcd Gancml Coavoclom of Amenm.

METCRF 8. EDDY INC Fax : 781 -224-6665

From h e date of Substantial Completion the nsponsibilitjes &tween OWNER and COl'RRMXOR for Security, owion, safety, m'nlenance, heat! utilities, insurance and w m t i e s and guarantees shd be 8s f01lowS:

RESPONSIBILITIES;

OWNER Assumes responsibility for operation of maintenance of

the storage tank and all appurtenances. Owner is not

responsible f o r all warranty items.

CONTRACTOR: Retains responsibility for all warranty items.

The following documents arc attached to and made a part of this Certificate:

Punch list showing completed items.

/For irms io be rrttuchrd WY dejraition of Substanrial CompIetioa ar supplemented and other specifically nored corrdirions precedemr to achieving Substanrial CoMplerion ns required by Contract Documents.]

This certificate docs not constitute an acccpwcc of Work not in accordance with rhc Contmcl Documents nor is it a release of CONTRACTOR3 obligation to complete the Work in accordanct with the Contract Documents.

Executed by ENGINBERon J u l y 2 , 2008 ......................... Metcalf & Eddy, Inc./AECOM .......................................................................

ENGINEER

By: .................. 7-+- -?JJ-- ....................

............................................. H4rGh-J foSep3flATfQrlr ......................

CONT-R acccpts this Ccnificarc of Subatantid Complciirrn on . . , . .h,jj.). g,:.!, :pa.$ CONTRACMR

By: . ..... ........................ L/

OWNER accepts this Canificatc of Subslanlial Completion on ............................. , 19 ..... .......................................................................

OWNER

By: ................................................................... (Authorized Sipcure)

Town of Moorefield 1.64 MG Tank Punch List Date: 7/2/2008

Item #

1

Description Completed? !Comments Remove silt fence and clean up around perimeter once stand of grass has been established. Repair any erosion channels on slopes. Yes Completed 5/21/08.

Restaple erosion matting where loose. Erosion matting anchored

3

4

Reglue loose ceiling and wall insulation board in valve vault.

Screen end of PVC valve vault drain pipe.

Loose insulation board Yes glued and braced 1/28/08.

Screen with stainless tee1 Yes

5

6

7

7/2/2008

Complete start-up service on altitude valve (verify proper operation and level controls) once telemetry system is in operation.

Cut and cap old 6" water lines as shown on C-103. The old line is leaking in the vicinity of the old altitude valve vault (now buried) and running water is visible at the toe of the new fill. Outlet of ditchline along service road on west, east and south sides of tank needs to be cleaned out and graded to improve drainage (significant water pooling occurs throughout ditch). Yes 2 /28/08.

Yes None.

Yes Pipe repaired 1/28/08. Ditchline outlets regraded t' correct drainage issues

8 9

There are no remaining tank weeping spots that do not pass the hand test

Repair tank weeping on wet spots that do not pass the hand test in specifications (note patches on tank sides where chalky white residue is deposited)

Complete installation of telemetry system. Yes None. Yes 512 1 108.

Repair manual switch to fan in valve vault (should turn fan on when

Case No. 08-0812-W-CN

3. (a) Provide a copy of the list of outstanding items (“Punch List”), if any, issued in conjunction with the Certificate of Substantial Completion. Briefly describe the current status (completed, underway, resolved, dismissed, etc.) For each item on the Punch List.

(b) Brian Aylaian, project engineer, Metcalf & Eddy, 14504 Greenview Drive Suite 400, Laurel, Md 20708 Telephone: 301 -362-5295

(c) Brian Aylaian, project engineer, Metcalf & Eddy, Laurel, Md. Lucas Gagnon, Public Works Director, 206 Winchester Avenue, Moorefield, WV 26836 3 04-530-6 1 42

(d) Prepared on July 2,2008

(e) See attached sheet.

Town of Moorefield 1.64 MG Tank Punch List Date: 71212008

iG3-

1

2

3

4

5

8 9

10 -

Description Completed? Comments Remove silt fence and clean up around perimeter once stand of grass has been established. Repair any erosion channels on slopes. Yes Completed 5/21/08.

Erosion matting anchored Yes and trimmed 1/28/08,

Restaple erosion matting where loose.

Reglue loose ceiling and wall insulation board in valve vault.

Screen end of PVC valve vault drain pipe.

Complete start-up service on altitude valve (verify proper operation and level controls) once telemetry system is in operation.

Cut and cap old 6" water lines as shown on (2-103. The old line is leaking in the vicinity of the old altitude valve vault (now buried) and running water is visible at the toe of the new fill. Outlet of ditchline along service road on west, east and south sides of tank needs to be cleaned out and graded to improve drainage (significant water pooling occurs throughout ditch). Yes 1/28/08.

Loose insulation board Yes glued and braced 1/28/08.

Screen with stainless tee1 clamp at pipe end 4/28/08. Yes

Yes None.

Yes Pipe repaired 1/28/08. Ditchline outlets regraded t correct drainage issues

There are noremaining tank weeping spots that do not pass the hand test 5/21/08.

Repair tank weeping on wet spots that do not pass the hand test in specifications (note patches on tank sides where chalky white residue is deposited)

Complete installation of telemetry system. Yes None. Repair manual switch to fan in valve vault (should turn fan on when hatch is oDened and off when hatch is closed).

Yes

Yes Completed 5/21/08.

7/2/2008

Case No. 08-0812-W-CN

4. (a) Provide a copy of the most recent project budget report or other similar documentation detailing all project related expenditures to date. Provide information showing the balance of funds remaining in the project budget. Provide information on any known future expenditures remaining to be paid out of project funds (payments due contractors, engineers and other professional fees, interest charges, etc.)

(b) Brian Aylaian, project engineer, Metcalf & Eddy, 14504 Greenview Drive Suite 400, Laurel, Md. 20708 Telephone -301 -362-5295

Phyllis Sherman, recorder, 206 Winchester Avenue, Moorefield, WV 26836 Telephone - 304-530-6142

(c) Brian Aylaian, project engineer, Metcalf & Eddy or Phyllis Sherman, recorder Phyllis Sherman, recorder, 206 Winchester Avenue, Moorefield, WV 26836

(d) Prepared on July 2,2008

(e) See attached sheet

The following were paid fiom Town of Moorefield Water Revenue Operating Funds after all project funds were expended:

Natgun, contractor - $127,453.58 Metcalf & Eddy, engineering firm - $1 14,301.53 Potesta, engineering, - $4,678.90.

One more payment to Metcalf & Eddy remains to be paid - $16,016.07

Project Budget Report Town of Moorefield, WV Town Water System Improvements

*Distribution Improvements included with WTP lmprovemnts

EDA Grant Town Bond Total Funds Available Budget in Table

$1,200,000 $3,135,000 $4,335,000 4,438,425

Case No. 08-08 12-W-CD

5 & 6. (a) Provide the “detailed plan” setting forth the Town’s proposal for completion of the remaining portions of the originally-approved project as required by the Commission Order of March 9,2007.

(b) Brian Aylaian, Project Engineer, Metcalf & Eddy,14504 Greenview Drive Suite 400, Laurel, Md.. 20708 Telephone - 301-362-5295

(c) Brian Aylaian, Project Engineer, Metcalf & Eddy, 14504 Greenview Drive, Suite 400, Laurel, Md. 20708 Telephone - 301-362-5295 or

Phyllis Sherman, recorder, 206 Winchester Avenue, Moorefield, WV 26836 or Brian Aylaian, Project engineer, Metcalf & Eddy, 14505 Greenview Drive Suite 400, Laurel, Md. 20708

(d) Prepared July 2,2008

(e) See attached sheet

Detailed Completion Plan Town of Moorefield, WV

- - . . . . - - - - . _-. .- a- . . - - - - .

W-2005-2 Distribution System Improvements # W-2005-3 Water Treatment Plant Improvements Bid Phase Apr-09 Bid opening July 11, 2008 with 9 month construction schedule

Project I Description Istatus ]Scheduled Completion IComments W -2OO5-1 JStoraae Tank iC,nmnlatad I - 1 None I

W-2005-3 Schedule

Event Last Day for bid questions Addendum issued Bid opening Selection of contractor Contract Signed/NTP Substantial completion Start-up/commissioning completed

Date 7/3/2008 7/7/2008

7/11 /ZOO8 7/18/2008

811 12008 311 1 /2009 411 1 /ZOO9

Case No. 08-08 12-W-CN

7. (a) Provide details of the Town’s plan for financing all remaining portions of the construction originally approved in the Order of October 24,2005.

b. Moorefield, WV 26836, Telephone - 530-6142

Prepared by Phyllis J. Sherman, recorder; Town of Moorefield, 206 Winchester Avenue,

c. Witness most likely to testify- Phyllis J. Sherman, recorder, Town of Moorefield, 206 Winchester Avenue, Moorefield, WV 26836

d. Response prepared on June 30,2008.

e. Response to #7: The only funds available for Phase I1 and I11 of the Water Improvement Project is the grant from EDA for $1,200,000. The bids are due to be opened on July 1 1 , 2008 and if they are over the $1.2 million, deductive alternates will be taken off. If the bids are still over, council will have to confer with EDA to decide the next step.

Case No. 08-08 12-W-CN

8. (A) Provide information concerning the status and availability of the US EDA Grant which formed a significant portion of the project funding as originally approved in the Order of October 24,2005.

(b) Prepared by Phyllis J. Sherman, recorder; Town of Moorefield, 206 Winchester Avenue, Moorefield, WV 26836. Telephone: 530-6142.

(c) Witness most likely to testify- Phyllis J. Sherman, recorder, 206 Winchester Avenue, Moorefield, WV 26836

(d). Response prepared on July 2,2008 -

(e) Response to #8: None of the EDA $1.2 million has been used to date. It is available for Phase I1 and 111 of the project. We requested an time extension which was granted to September 29,2009 for the project to be finished and closed out. Substantial completion should be by the middle of May 2009. We cannot draw any EDA funds until both phases of construction are under way.

WALERS, WRAUSKOPF & BAKER

ATTORNEYS AT LAW MOORERELD

WESTVlRGlNlA

VERIFICATION

STATE OF WEST VIRGINIA SOUN'IY OF HARDY, to-wit:

Phyllis J. Sherman, Recorder, of the Town of Moorefield, Petitioner in the

tbove styled Case 05-OA12-W-CN and Case 05-0882-W-MA, being first duly sworn,

ieposes and says that Petitioner's Responses to Staffs First Data Request of the

Cown of Moorefield Upon Reopening are true, except insofar as they are therein

itated to be upon information, and that insofar as they are therein stated to be upon

nformation, she believes them to be true.

- ... d Its: Recorder

Taken, subscribed and sworn to before me, a Notary Public in and for the :ounty and State aforesaid, this Sth day of July, 2008.

My commission expires

VALTERS, KRAUSKOPF & BAKER

ATDRNEYS AT LAW MOOREFIEID

WESTVlRGlNlA

Sth day of July, 2008, I served the attached Reqonses on tbe Part ofpetitioner to Staf’.. First

CERTIFICATE OF SERVICE

I, Jack H. Walters, counsel for Town of Moorefield, hereby certify that on the

Data Request of the Town o f MoorGeld Upon Reopening by depositing with the United

Parcel Service, next day delivery, pre-paid, a true copy thereof to Thomas R. Michael,

3squire, counsel for Hardy County Public Service District, Intervenor, at his address

if Rt. 2 Box 288 C, Lost Creek, WV 26385, and by hand delivery of a true copy to

vIallle J. Combs-Snider, Executive Director of Hardy County Rural Development

luthority, Intervenor, at her address of P.O. Box 209, Moorefield, WV 26836-0209,

.nd Peyton Umstot, Pilgrim’s Pride Corporation, Intervenor, P.O. Box 539,

doorefield, WV 26836.

efield, WV 26836 (304) 530-661 8 Counsel for Towp of Moorefield