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10-30-2024 HUCCP
HUTCHINSON UTILITIES COMMISSION AGENDA REGULAR MEETING October 30, 2024 3:00 p.m. 1. CONFLICT OF INTEREST 2. APPROVE CONSENT AGENDA a. Approve Minutes b. Ratify Payment of Bills 3. APPROVE FINANCIAL STATEMENTS 4. OPEN FORUM 5. COMMUNICATION a. City Administrator b. Divisions C. Human Resources d. Legal e. General Manager 6. POLICIES a. Review Policies i. Natural Gas Service Requirements & Charges ii. Temporary Service — Natural Gas iii. Natural Gas Meter Requirements & Placement iv. Meter Testing — Natural Gas v. Natural Gas Service Work vi. Locating Customer's Underground Utilities — Natural Gas b. Approve Changes 7. UNFINISHED BUSINESS 8. NEW BUSINESS a. Approve Natural Gas Commodity Agreement — Brownton b. Approve Natural Gas Firm Transportation Capacity Agreement — Brownton C. Approve Natural Gas Operating Agreement - Brownton d. Approve Contract for Hutchinson Substation Control Enclosure e. Approve Req#10057 — Hutchinson Substation 115kV Rebuild — Amendment #2 f. Award Contract for Control System Upgrade Wartsila Unit #5 g. Discussion on the level of Carbon Free/Renewable Power Supply mix h. Approve setting a Special Budget Workshop meeting at 2pm on November 27, 2024 Approve Rescheduling the December 25, 2024 Regular Commission Meeting to December 18, 2024 9. ADJOURN MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, September 25, 2024 Call to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Vice President Matt Cheney; Commissioner Anthony Hanson; Commissioner Troy Pullis; GM Jeremy Carter; Attorney Marc Sebora Absent: Secretary Kathy Silvernale; 1. Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Cheney, second by Commissioner Pullis to Approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements Mr. Martig presented the Financial Statements. Balance Sheet Electric Division cash is down $2.6M which consists of $2.1 for the GE engine and $320K for the Altec Digger Derrick. Mr. Martig reviewed the different Electric Division operating expenses that pertained to the $60K increase. Mr. Martig also stated the PCA was over recorded but this will be made up next month, MRES had a change in billing. GM Carter reviewed consumption year over year along with investment earnings. Motion by Commissioner Hanson, second by Commissioner Cheney to Approve the Financial Statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator —Matthew Jaunich — i. Street projects are completed ii. VMF lighting project is completed iii. Potential housing developments coming to town b. Divisions i. Dan Lang, Engineering Services Manager — 1. Nothing to report ii. Dave Hunstad, Electric Transmission/Distribution Manager — 1. Nothing to report iii. Mike Gabrielson, Production Manager — 1. Unit 1 Update iv. Jared Martig, Financial Manager- 1. Computer Analysist retired 1 c. Human Resources — Angie Radke - i. Natural Gas Division Manager position was posted a few weeks ago ii. Natural Gas Division Crew Chief internal position has been posted d. Legal — Marc Sebora — Nothing to report e. General Manager — Jeremy Carter i. Finalized 3M volumes and pricing for years 2025 and 2026 ii. MNOPS Audits have been finalized and all compliance reports have been received. iii. TVC gap analysis with Renegade will be discussed in New Business iv. Updating 4 Brownton contracts, which will be in place for 5 years v. Meeting with Senator Gruenhagen and Representative Gillman on Oct 2nd regarding upcoming legislative format and topics in the energy industry vi. Bright Energy Choices Program update vii. Hutchinson high school electricity class came last week to have a tour of the Production facility viii. Received some competitive capacity pricing ix. Working on 2025 Cap X and operating Budget 6. Policies a. Review Policies i. Electric Service Requirements and Changes ii. Temporary Service iii. Temporary Service in Case of Underground Failure iv. Electric Meter Placement v. Sealing of Meters vi. Meter Testing vii. Right -of -Way Clearing viii. Tree Removal or Trimming ix. Locating Customers' Underground Utilities No changes recommended at this time. b. Approve Changes i. Security Light Rental — Rate to Furnish and Maintain Fixture ii. Rate Schedule — Electric iii. Rate Schedule — Natural Gas Ms. Radke spoke of the policy changes to match what was approved by the City Council and Commission in 2023. Motion by Commissioner Pullis, second by Commissioner Hanson to Approve Policy Changes. Motion carried unanimously. 7. Unfinished Business 8. New Business a. Approve Amendment #1 to the Heartland Corn Operating Agreement 2 GM Carter presented Approval of Amendment #1 to the Heartland Corn Operating Agreement. HUC entered into an O&M agreement with Heartland Corn Products (HCP) November 2023 to maintain and operate a new transmission facility that started flowing gas in January 2024. Since that time, a distribution line (farm tap) owned by HCP has been added to transmission line. HCP is asking HUC to maintain and operate that distribution facility currently in place on a time and materials basis. Amendment #1 adds the distribution facility to the Transmission Facility O&M agreement. Motion by Commissioner Cheney, second by Commissioner Hanson to Approve Amendment #1 to the Heartland Corn Operating Agreement. Motion carried unanimously. b. Award Contract for Hutchinson Substation Voltage Transformers to Border States Mr. Lang presented Approval of Awarding Contract for Hutchinson Substation Voltage Transformers to Border States. Five bids were received at the bid opening on August 14th. After reviewing the bids, Staff and DGR Engineering are recommending awarding the contract to Border States for a total contract price of $114,991.32. Motion by Commissioner Hanson, second by Commissioner Pullis to Award Contract for Hutchinson Substation Voltage Transformers to Border States. Motion carried unanimously. c. Award Contract for Hutchinson Substation Potential Transformers to Border States Mr. Lang presented Approval of Awarding Contract for Hutchinson Substation Potential Transformers to Border States. Five bids were received at the bid opening on August 14th. After reviewing the bids, Staff and DGR Engineering is recommending awarding the contract to Border States for a total contract price of $95,197.52. Motion by Commissioner Pullis, second by Commissioner Cheney to Award Contract for Hutchinson Substation Potential Transformers to Border States. Motion carried unanimously. d. Award Contract for Hutchinson Substation Control Enclosure 3 Mr. Lang presented Approval of Awarding Contract for Hutchinson Substation Control Enclosure. One bid which was expected because of the specialized product was received at the bid opening on September 11th. After reviewing the bid, Staff and DGR Engineering are recommending awarding the contract to Electrical Power Products for a total contract price of $1,550,035.00. Price did come in as expected. Motion by Commissioner Hanson, second by Commissioner Pullis to Award Contract for Hutchinson Substation Control Enclosure and Relay Panels to Electrical Power Products. Motion carried unanimously. e. Approve Contract for Hutchinson Substation 115kV and 69kV Group Operated Switches to SEECO Mr. Lang presented Approval of Contract for Hutchinson Substation 115kV and 69kV Group Operated Switches to SEECO. Last month the Commission approved to Award the Contract to SEECO, now Staff and DGR Engineering are recommending to enter into a purchase agreement with SEECO for 115kV and 69kV group operated switches to be installed at the Hutchinson Substation for a contracted price of $456,476.04. Motion by Commissioner Cheney, second by Commissioner Pullis to Approve Contract for Hutchinson Substation 115kV and 69kV Group Operated Switches to SEECO. Motion carried unanimously. f. Approve Contract for Hutchinson Substation Steel Materials to Galvanizers Mr. Lang presented Approval of Contract for Hutchinson Substation Steel Materials to Galvanizers. Last month the Commission approved to Award the Contract to Galvanizers, now Staff and DGR Engineering are recommending to enter into a purchase agreement with Galvanizers for steel and steel poles to be installed at the Hutchinson Substation for a contracted price of $667,137.02. Motion by Commissioner Hanson, second by Commissioner Cheney to Approve Contract for Hutchinson Substation Steel Materials to Galvanizers. Motion carried unanimously. g. Approve Req#10011 — HTI Substation Relays Mr. Lang presented Approval of Req#10011 HTI Substation Relays. Staff is looking to replace aging and unsupported equipment. Upgrade is part of 2024 12 capital improvement project. Motion by Commissioner Pullis, second by Commissioner Cheney to Approve Req#10011 to Pro -Tech Power Sales for the purchase of Schweitzer relays for the HTI Substation. Motion carried unanimously. h. Approve Req#010031 — Side Stream Filter and Pump Replacement Plant 1 Mr. Gabrielson presented Approval of Req#010031 Side Stream Filter and Pump Replacement Plant 1. Staff purchased Tower water pumps back in June to replace the old Allis Chalmers pumps. Pioneer Power will demo the old pumps and bases and install new bases along with the pumps purchased in June. Pioneer Power will also provide a side stream filter assembly to help with removing contaminates from the cooling tower water before flowing into the plate coolers for units 5, 6 and 7. Pioneer Power will complete all fabrication work to the piping to ensure appropriate hook ups. HUC Staff will complete electrical work to hook up the new tower water pumps. Filter and pumps are part of the 2024 capital improvement project. Motion by Commissioner Cheney, second by Commissioner Pullis to Approve Req#010031 Side Stream Filter and Pump Replacement Plant 1. Motion carried unanimously. i. Approve Req#010033 — Renegade Professional Services GM Carter presented Approval of Req#010033 Renegade Professional Services. Renegade Energy Advisors (REA) has been providing Staff with outside consulting services to assist HUC in meeting annual Federal and State regulatory compliance items. HUC and HCP are required annually to assess and delineate the HCA and MCA areas and perform a class location assessment under the Federal Department of Transportations Office of Pipeline and Hazardous Materials Safety Administration (PHMSA). In addition, REA has been working on HUC's manuals and programs to stay in compliance with the changing regulations. HUC is now required under PHMSA to perform a Traceable, Verifiable, & Complete (TVC) Gap Analysis on the transmission line to ensure proper documentation and record keeping to substantiate HUC is in compliance with the Maximum Annual Operating Pressure (MAOP) of the system related to HCA, MCA, and Class 3 & 4 segments of the transmission line. It is also anticipated starting in 2025 Distribution facilities will be required to provide the same GAP analysis related to many of the transmission line requirements to ensure HUC as an operator is operating the system safely and not over pressurizing the system. 5 REA has provided a proposal to assist HUC in meeting these upcoming requirements. HUC has budgeted for the portion of costs associated with HUC's transmission and distribution line. HCP and Brownton will be responsible for their portion of the costs in order to stay in compliance with the current or anticipated requirements going into effect in 2025. Motion by Commissioner Pullis, second by Commissioner Cheney to Approve Req#010033 Renegade Professional Services. Motion carried unanimously 9. Adjourn There being no further business, a motion by Commissioner Cheney, second by Commissioner Hanson to adjourn the meeting at 3:43p.m. Motion carried unanimously. 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HUTCHINSON UTILITIES COMMISSION COMBINED DIVISIONS FINANCIAL REPORT FOR SEPTEMBER, 2024 Combined Division Customer Revenue Sales for Resale NG Transportation Electric Division Transfer Other Revenues Interest Income TOTAL REVENUES Salaries & Benefits Purchased Commodities Transmission Generator Fuel/Chem. Depreciation Transfers (Elect./City) Operating Expense Debt Interest TOTAL EXPENSES NET PROFIT/(LOSS) 75% of Year Comp. 2024 2023 Di . %Chna 2024 2023 Di %Chna Full Yr Bud %of Bud $ 2,552,010 $ 2,407,601 $ 144,410 $ 389,707 $ 349,084 $ 40,623 $ 172,378 $ 95,275 $ 77,104 $ 60,383 $ 59,960 $ 424 $ 73,468 $ 35,634 $ 37,834 $ 79,910 $ 78,058 $ 1,852 $ 3,327,856 $ 3,025,611 $ 302,245 6.0% $ 26,272,411 $ 26,316,096 $ (43,686) (0.2%) $ 37,151,166 70.7% 11.6% $ 2,699,211 $ 4,213,946 $ (1,514,735) (35.9%) $ 3,681,000 73.3% 80.9% $ 1,451,912 $ 803,892 $ 648,020 80.6% $ 2,108,203 68.9% 0.7% $ 543,450 $ 539,638 $ 3,812 0.7% $ 724,600 75.0% 106.2% $ 1,201,298 $ 411,323 $ 789,976 192.1% $ 481,893 249.3% 2.4% $ 758,760 $ 727,199 $ 31,562 4.3% $ 783,457 96.8% 10.0% $ 32,927,042 $ 33,012,094 $ (85,051) (0.3%) $ 44,930,319 73.3% $ 616,355 $ 582,920 $ 33,436 5.74% $ 5,854,895 $ 5,302,282 $ 552,612 10.4% $ 7,969,960 73.5% $ 1,139,372 $ 1,068,849 $ 70,523 6.6% $ 14,204,502 $ 14,847,984 $ (643,482) (4.3%) $ 20,379,028 69.7% $ 193,486 $ 179,337 $ 14,149 7.9% $ 1,862,756 $ 2,313,370 $ (450,615) (19.5%) $ 2,755,000 67.6% $ 139,928 $ 92,662 $ 47,266 51.0% $ 1,035,270 $ 1,243,485 $ (208,215) (16.7%) $ 1,364,260 75.9% $ 360,713 $ 360,736 $ (22) (0.0%) $ 3,267,892 $ 3,334,891 $ (67,000) (2.0%) $ 4,430,000 73.8% $ 222,269 $ 218,671 $ 3,598 1.6% $ 2,000,421 $ 1,968,040 $ 32,381 1.6% $ 2,667,226 75.0% $ 318,142 $ 189,922 $ 128,220 67.5% $ 2,482,268 $ 2,078,919 $ 403,349 19.4% $ 3,268,836 75.9% $ 58,538 $ 65,534 $ (6,996) (10.7%) $ 526,942 $ 589,805 $ (62,862) 10.7% $ 702,457 75.0% $ 3,048,804 $ 2,758,630 $ 290,174 10.5% $ 31,234,946 $ 31,678,777 $ (443,831) (1.4%) $ 43,536,767 71.7% $ 279,053 $ 266,981 $ 12,072 4.5% $ 1,692,097 $ 1,333,317 $ 358,780 26.9% $ 1,393,552 121.4% September September YTD YTD 2024 2023 Change 2024 2023 Change Gross Margin %: 41.8% 42.6% -0.8% 33.5% 32.0% 1.4% Operating Income Per Revenue $ (%): 6.3% 8.0% -1.7% 1.3% 2.9% -1.6% Net Income Per Revenue $ (%): 8.4% 8.8% -0.4% 5.1% 4.0% 1.1% 2024 HUC Budget Target 33.6% 2.3% 11%-4% 3.1%N uuuuNN HUTCHINSON UTILITIES COMMISSION ELECTRIC DIVISION FINANCIAL REPORT FOR SEPTEMBER, 2024 ''r ` ' % �i�ri �ii r�l�%IIIi ii �iiii�������������I�Ni 2024 2023 Di . %Chna 2024 2023 Di %Chna Full YrBud %of Bud Electric Division Customer Revenue $ 2,054,926 $ 1,930,225 $ 124,702 6.5% $ 18,293,830 $ 17,599,865 $ 693,965 3.9% $ 24,902,363 73.5% Sales for Resale $ 389,707 $ 349,084 $ 40,623 11.6% $ 2,699,211 $ 4,213,946 $ (1,514,735) (35.9%) $ 3,681,000 73.3% Other Revenues $ 42,997 $ 12,352 $ 30,645 248.1% $ 190,292 $ 172,619 $ 17,673 10.2% $ 188770 100.8% Interest Income $ 41,349 $ 40,423 $ 926 2.3% $ 391,927 $ 376,361 $ 15,565 4.1% $ 408:457 96.0% TOTAL REVENUES $ 2,528,979 $ 2,332,084 $ 196,895 8.4% $ 21,575,259 $ 22,362,792 $ (787,532) (3.5%) $ 29,180,590 73.9% Salaries & Benefits $ 477,578 $ 432,412 $ 45,166 10.4% $ 4,371,912 $ 3,998,795 $ 373,116 9.3% $ 5,777,096 75.7% Purchased Power $ 870,143 $ 786,921 $ 83,222 10.6% $ 9,081,191 $ 9,311,430 $ (230,239) (2.5%) $ 12,638,152 71.9% Transmission $ 193,486 $ 179,337 $ 14,149 7.9% $ 1,862,756 $ 2,313,370 $ (450,615) (19.5%) $ 2,755,000 67.6% Generator Fuel/Chem. $ 139,928 $ 92,662 $ 47,266 51.0% $ 1,035,270 $ 1,243,485 $ (208,215) (16.7%) $ 1,364,260 75.9% Depreciation $ 268,806 $ 269,308 $ (502) (0.2%) $ 2,435,439 $ 2,514,964 $ (79,526) (3.2%) $ 3,330,000 73.1% Transfers (Elect./City) $ 172,534 $ 169,911 $ 2,623 1.5% $ 1,552,802 $ 1,529,198 $ 23,604 1.5% $ 2,070,402 75.0% Operating Expense $ 246,724 $ 123,587 $ 123,137 99.6% $ 1,704,007 $ 1,440,444 $ 263,564 18.3% $ 2,111,928 80.7% Debt Interest $ 35,305 $ 37,738 $ (2,433) (6.4%) $ 317,742 $ 339,642 $ (21,900) JLILI $ 423,657 75.0% TOTAL EXPENSES $ 2,404,503 $ 2,091,876 $ 312,627 14.9% $ 22,361,119 $ 22,691,329 $ (330,210) (1.5%) $ 30,470,495 73.4% NET PROFIT/(LOSS) $ 124,475 $ 240,208 $ (115,733) (48.2%) $ (785,859) $ (328,537) $ (457,322) 139.2% $ (1,289,905) 60.9% ' / ' % �il��fi�iir�l�%Ii ii�iiii������������I�Ni�I'I�iiiii��ffIIIIIIIIIIIII��fi�i�i�If�if����������������IIII��� 75% o Vear Com . f P 2024 2023 Di . %Chna 2024 2023 Di %Chna Full YrBud %of Bud Electric Division Residential 4,646,581 4,349,811 296,770 6.82% 40,231,610 41,897,246 (1,665,636) (3.98%) 54,084,350 74.4% All Electric 120,560 118,620 1,940 1.64% 1,600,691 1,838,686 (237,995) (12.94%) 2,585,300 61.9% Small General 1,501,862 1,492,068 9,794 0.66% 13,104,100 14,277,245 (1,173,145) (8.22%) 18,348,996 71.4% Large General 6,963,720 6,750,110 213,610 3.16% 59,136,653 61,036,200 (1,899,547) (3.11%) 83,540,973 70.8% Industrial 8,544,000 7,923,000 621,000 7.84% 84,231,000 82,219,000 2,012,000 2.45% 113,841,379 74.0% Total KWH Sold 21,776,723 20,633,609 1,143,114 5.54% 198,304,054 201,268,377 (2,964,323) (1.47%)l 272,400,998 72.8% September September YTD YTD 2024 HUC 2024 2023 Change 2024 2023 Change Budget Target Gross Margin %: 36.3% 39.6% -3.3% 27.3% 26.7% 0.6% 27.1% Operating Income Per Revenue $ (%): 3.6% 10.3% -6.7% -4.4% -2.0% -2.5% -4.6% Net Income Per Revenue $ (%): 4.9% 10.3% -5.4% -3.6% -1.5% -2.2% -4.4% Customer Revenue per KWH: $0.0944 $0.0935 $0.0008 $0.0923 $0.0874 $0.0048 $0.0914 Total Power Supply Exp. per KWH: $0.0719 $0.0670 $0.0049 $0.0774 $0.0798 -$0.0024 $0.0769 $0.0769 Net Income decreased by $115,733 over September 2023. This is in large part due to a payment of $125k to the city of Hutchinson for the School Road sewer project budgeted in 2024. This amount is also responsible for the increase in operating expense. Sales for Resale of $389,707 consisted of $145,457 in market sales, $98,000 in capacity sales to Rice Lake, and $146,250 in capacity sales to AEP. September 2023 Sales for Resale of $349,084 included $104,834 in market sales, $98,000 in capacity sales to Rice Lake, $146,250 in capacity sales to AEP. September 2022 Sales for Resale of $608,517 consisted of $154,455 in market sales, $98,000 in capacity sales to Rice Lake, $146,250 in capacity sales to AEP, an $209,812 in tolling and energy sales to Dynasty Power. Overall Purchased Power increased by $83,222. MRES purchases increased by $25,123 and market purchases/MISO costs increased by $58,099. The average cost of MISO power was $26.99/mwh (1,590 mwh's purchased), compared to $25.00/mwh (2,395 mwh's purchased) in September 2023. There was no Power Cost Adjustment for the month leaving the total at $556,670 YTD. There was no Power Cost Adjustment for September 2023 and $305,137 YTD. Gas Division Customer Revenue Transportation Electric Div. Transfer Other Revenues Interest Income TOTAL REVENUES Salaries & Benefits Purchased Gas Operating Expense Depreciation Transfers (City) Debt Interest TOTAL EXPENSES NET PROFIT/(LOSS) HUTCHINSON UTILITIES COMMISSION GAS DIVISION FINANCIAL REPORT FOR SEPTEMBER, 2024 75% of Year Comp. 2024 2023 Di . %Chna 2024 2023 Di %Chna Full YrBud %of Bud $ 497,084 $ 477,376 $ 19,708 4.1% $ 7,978,581 $ 8,716,231 $ (737,651) (8.5%) $ 12,248,803 65.1% $ 172,378 $ 95,275 $ 77,104 80.9% $ 1,451,912 $ 803,892 $ 648,020 80.6% $ 2,108,203 68.9% $ 60,383 $ 59,960 $ 424 0.7% $ 543,450 $ 539,638 $ 3,812 0.7% $ 724,600 75.0% $ 30,472 $ 23,282 $ 7,189 30.9% $ 1,011,007 $ 238,704 $ 772,303 323.5% $ 293,123 344.9% $ 38,561 $ 37,635 $ 926 2.5% $ 366,834 $ 350,838 $ 15,996 4.6% $ 375,000 97.8% $ 798,878 $ 693,527 $ 105,351 15.2% $ 11,351,783 $ 10,649,302 $ 702,481 6.6% $ 15,749,729 72.1% $ 138,777 $ 150,507 $ (11,730) (7.8%) $ 1,482,983 $ 1,303,487 $ 179,496 13.8% $ 2,192,864 67.6% $ 269,229 $ 281,928 $ (12,700) (4.5%) $ 5,123,311 $ 5,536,554 $ (413,243) (7.5%) $ 7,740,876 66.2% $ 71,418 $ 66,335 $ 5,083 7.7% $ 778,261 $ 638,476 $ 139,785 21.9% $ 1,156,908 67.3% $ 91,908 $ 91,428 $ 480 0.5% $ 832,453 $ 819,927 $ 12,526 1.5% $ 1,100,000 75.7% $ 49,735 $ 48,760 $ 975 2.0% $ 447,619 $ 438,841 $ 8,777 2.0% $ 596,824 75.0% $ 23,233 $ 27,796 $ (4,563) 0.0% $ 209,200 $ 250,162 $ (40,963) 16.4% $ 278,800 75.0% $ 644,300 $ 666,754 $ (22,454) (3.4%) $ 8,873,827 $ 8,987,448 $ (113,621) (1.3%) $ 13,066,272 67.9% $ 154,577 $ 26,773 $ 127,804 477.4% $ 2,477,956 $ 1,661,854 $ 816,102 49.1% $ 2,683,457 92.3% IRMIRO RP, 75% of Year Comp. 2024 2023 Di %Chnq 2024 2023 Di %Chnq Full YrBud %of Bud Gas Division Residential 6,097,991 6,173,054 (75,063) (1.22%) 239,678,966 279,242,155 (39,563,189) (14.17%) 450,091,000 53.3% Commercial 8,625,158 8,057,847 567,311 7.04% 187,525,206 217,620,678 (30,095,472) (13.83%) 350,477,000 53.5% Industrial 42,616,948 35,596,868 7,020,080 19.72% 549,358,536 576,817,900 (27,459,364) (4.76%) 908,618,000 60.5% Total CF Sold 57,340,097 49,827,769 7,512,328 15.08% 976,562,708 1,073,680,733 (97,118,025) (9.05%) 1,709,186,000 57.1% September September YTD YTD 2024 HUC 2024 2023 Change 2024 2023 Change Budget Target Gross Margin %: 60.0% 53.1% 6.9% 46.4% 43.5% 2.9% uuuu 46.0% NNNNNuNuNuNINNIINNI Operating Income Per Revenue $ (%): 15.4% -0.3% 15.7% 13.5% 13.5% 0.0% 15.5% NNNNNNNIIIUuIIUuIIUuIINNI Net Income Per Revenue $ (%): 19.3% 3.9% 15.5% 21.8% 15.6% 6.2% 17.0% NNNHIIIIIIIIIIIIIIII Contracted Customer Rev. per CF: $0.0061 $0.0065 -$0.0005 $0.0067 $0.0065 $0.0003 $0.0060 ����IIIIIIIIIIIIIIII Customer Revenue per CF: $0.0144 $0.0166 -$0.0022 $0.0099 $0.0099 $0.0000 $0.0083 Total N.G. Supply Exp. per CF: $0.0051 $0.0060 ($0.0009) $0.0055 $0.0053 $0.0002 $0.0048 $0.0048 Notes/Graphs: September Net Income increased by $127,804 mostly due to increased revenue and usage from the Industrial and Commercial classes. There was a fuel credit adjustment of $1.19061/MCF sending an additional $21,357 back to customers for the month and $179,325 YTD There was no FCA for Septembere 2023 as well as $0 YTD. HUTCHINSON UTILITIES COMMISSION BALANCE SHEET - CONSOLIDATED SEPTEMBER 30, 2024 Electric Gas Total Total Net Change Division Division 2024 2023 Total (YTD) Current Assets UnrestrictedlUndesignated Cash Cash 576,031.34 12,510,741.95 13,086,773.29 16,592,147.25 (3,505,373.96) Petty Cash 680.00 170.00 850.00 850.00 - Designated Cash Capital Expenditures - Five Yr. CIP 2,750,000.00 700,000.00 3,450,000.00 3,450,000.00 - Payment in Lieu of Taxes 1,345,802.00 596,824.00 1,942,626.00 1,904,536.00 38,090.00 Rate Stabilization - Electric 536,165.60 - 536,165.60 623,857.35 (87,691.75) Rate Stabilization - Gas - 615,294.19 615,294.19 573,874.55 41,419.64 Catastrophic Funds 800,000.00 200,000.00 1,000,000.00 1,000,000.00 - Restticted Cash Bond Interest Payment 2017 986,380.20 - 986,380.20 1,459,285.38 (472,905.18) Bond Interest Payment 2012 - 1,811,500.00 1,811,500.00 1,632,016.70 179,483.30 Debt Service Reserve Funds 1,183,656.00 2,072,000.00 3,255,656.00 2,711,029.66 544,626.34 Total Current Assets 8,178,715.14 18,506,530.14 26,685,245.28 29,947,596.89 (3,262,351.61) Receivables Accounts (net of uncollectible allowances) 2,085,446.30 483,447.96 2,568,894.26 2,785,769.80 (216,875.54) Interest 70,706.31 70,706.32 141,412.63 118,283.99 23,128.64 Total Receivables 2,156,152.61 554,154.28 2,710,306.89 2,904,053.79 (193,746.90) Other Assets Inventory 2,002,006.43 555,478.46 2,557,484.89 2,386,286.07 171,198.82 Prepaid Expenses 445,017.02 67,404.33 512,421.35 97,332.78 415,088.57 Sales Tax Receivable 382,211.36 - 382,211.36 293,021.81 89,189.55 Deferred Outflows- Electric 741,556.00 - 741,556.00 1,221,397.00 (479,841.00) Deferred Outflows- Gas - 247,185.00 247,185.00 407,133.00 (159,948.00) Total Other Assets 3,570,790.81 870,067.79 4,440,858.60 4,405,170.66 35,687.94 Total Current Assets 13,905,658.56 19,930,752.21 33,836,410.77 37,256,821.34 (3,420,410.57) Capital Assets Land & Land Rights 690,368.40 3,899,918.60 4,590,287.00 4,590,287.00 - Depreciable Capital Assets 113,789,777.20 43,426,992.03 157,216,769.23 156,102,735.03 1,114,034.20 Accumulated Depreciation (72,736,698.42) (22,178,930.73) (94,915,629.15) (90,530,808.81) (4,384,820.34) Construction - Work in Progress 6,007,781.28 1,301,742.93 7,309,524.21 1,746,129.90 5,563,394.31 Total Net Capital Assets 47,751,228.46 26,449,722.83 74,200,951.29 71,908,343.12 2,292,608.17 Total Assets 61,656,887.02 46,380,475.04 108,037,362.06 109,165,164.46 (1,127,802.40) Current Liabilities Current Portion of Long-term Debt Bonds Payable Bond Premium Lease Liability - Solar Array Accounts Payable Accrued Expenses Accrued Interest Accrued Payroll Total Current Liabilities Long -Term Liabilities Noncurrent Portion of Long-term Debt 2017 Bonds 2012 Bonds Bond Premium 2012 Pension Liability- Electric Pension Liability - Electric OPEB Pension Liability - Nat Gas Pension Liability - Nat Gas OPEB Accrued Vacation Payable Accrued Severance Deferred Outflows - Electric Deferred Outflows - Nat Gas Total Long -Term Liabilities Net Position Retained Earnings Total Net Position HUTCHINSON UTILITIES COMMISSION BALANCE SHEET - CONSOLIDATED SEPTEMBER 30, 2024 Electric Gas Total Division Division 2024 730,000.00 19, 546.00 2,656,121.53 141,218.76 72,450.36 3,619,336.65 12,570,000.00 440, 516.64 2,776,372.00 64,096.00 527,144.22 121, 598.92 998,815.00 17,498,542.78 1,825,000.00 185,608.32 469,820.96 93,033.32 24,614.59 2,598,077.19 4,130,000.00 216,542.67 925,458.00 21,365.00 191,450.10 32, 321.13 332,938.00 5,850,074.90 40,539,007.59 37,932,322.95 40,539,007.59 37,932,322.95 2,555,000.00 185,608.32 19, 546.00 3,125, 942.49 234,252.08 97,064.95 6,217,413.84 12,570,000.00 4,130,000.00 657,059.31 2,776,372.00 64,096.00 925,458.00 21,365.00 718, 594.32 153,920.05 998,815.00 332,938.00 23,348,617.68 Total 2023 700,000.00 185,608.32 3,041,779.98 262,135.40 75,998.94 4,265,522.64 13,330,000.00 7,780,000.00 876,124.59 4,021,396.00 77,480.00 1,340,466.00 25,827.00 700,600.34 140,285.54 98,554.00 32,851.00 28,423,584.47 78,471,330.54 76,476,057.35 78,471,330.54 76,476,057.35 Net Change Total (YTD) 1,855,000.00 19, 546.00 84,162.51 (27,883.32) 21,066.01 1,951,891.20 (760,000.00) (3,650,000.00) (219,065.28) (1,245,024.00) (13, 384.00) (415,008.00) (4,462.00) 17,993.98 13, 634.51 900,261.00 300,087.00 (5,074,966.79) 1,995,273.19 1,995,273.19 Total Liabilities and Net Position 61,656,887.02 46,380,475.04 108,037,362.06 109,165,164.46 (1,127,802.40) Hutchinson Utilities Commission Cash -Designations Report, Combined 9/30/2024 Financial Institution Current Interest Rate Annual Interest Balance, September 2024 Balance, August 2024 Change in Cash/Reserve Position Savings, Checking, Investments varies varies varies 26,685,245.28 26,081,792.79 603,452.49 Total Operating Funds 26,685,245.28 26,081,792.79 603,452.49 Debt Reserve Requirements Bond Covenants - sinking fund Debt Reserve Requirements Bond Covenants -1 year Max. P & I Total Restricted Funds Operating Reserve Rate Stabalization Funds PILOT Funds Catastrophic Funds Capital Reserves Total Designated Funds Min 60 days of 2024 Operating Bud. Charter (Formula Only) Risk Mitigation Amount 5 Year CIP (2024-2028 Fleet & Infrastructure Maintenance) 2,797,880.20 2,518,092.18 279,788.02 3,255,656.00 3,255,656.00 - 6,053,536.20 5,773,748.18 279,788.02 6,631,467.17 6,631,467.17 - 1,151,459.79 1,014,102.32 137, 357.47 1,942,626.00 1,942,626.00 - 1, 000, 000.00 1, 000, 000.00 3,450,000.00 3,450,000.00 - 14,175,552.96 14, 038,195.49 137, 3 57.47 YE YE YE YE YTD HUC 2020 2021 2022 2023 2024 Target Debt to Asset 32.3% 30.8% 31.4% 28.6% 27.4% Current Ratio 5.67 5.22 4.47 4.48 4.32 RONA 3.62% 0.41% -1.38% 1.96% 1.78% Change in Cash Balance (From 12131114 to 913012024) Month End Electric Elec. Change Natural Gas Gas Change Total Total Change 9/30/2024 8,178,715 18,506,530 26,685,245 12/31/2023 12,158,338 (3,979,623) 15,622,242 2,884,288 27,780,580 (1,095,335) 12/31/2022 11,633,212 525,126 15,450,554 171,688 27,083,766 696,815 12/31/2021 12,870,253 (1,237,041) 15,086,000 364,554 27,956,253 (872,487) 12/31/2020 14,239,233 (1,368,981) 15,019,173 66,827 29,258,406 (1,302,153) 12/31/2019 12,124,142 2,115,092 13,837,040 1,182,133 25,961,181 3,297,225 12/31/2018 15,559,867 (3,435,725) 12,335,998 1,501,042 27,895,864 (1,934,683) 12/31/2017 23,213,245 (7,653,378) 10,702,689 1,633,309 33,915,934 (6,020,070) 12/31/2016 8,612,801 14,600,444 9,500,074 1,202,615 18,112,875 15,803,059 12/31/2015 6,170,790 2,442,011 9,037,373 462,701 15,208,163 2,904,712 12/31/2014 3,598,821 2,571,969 6,765,165 2,272,208 10,363,986 4,844,177 * 2017's Significant increase in cash balance is due to issuing bonds for the generator project. Hutchinson Utilities Commission Cash -Designations Report, Electric 9/30/2024 Change in Financial Annual Balance, Balance, Cash/Reserve Institution Current Interest Rate Interest September 2024 August 2024 Position �' Rr Savings, Checking, Investments varies varies Total HUC Operating Funds tiectric ��iyyIIIIII �iJ� ++ Debt Restricted Requirements Bond Covenants - sinking fund Debt Restricted Requirements Bond Covenants -1 year Max. P & I Total Restricted Funds varies 26,685,245.28 26,081,792.79 603,452.49 26,685,245.28 26,081,792.79 603,452.49 986,380.20 887,742.18 98,638.02 1,183,656.00 1,183,656.00 - 2,170,036.20 2,071,398.18 98,638.02 Operating Reserve Min 60 days of 2024 Operating Bud. 4,593,259.83 4,593,259.83 - Rate Stabalization Funds $400K-$1.2K 536,165.60 398,808.13 137,357.47 PILOT Funds Charter (Formula Only) 1,345,802.00 1,345,802.00 - Catastrophic Funds Risk Mitigation Amount 800,000.00 800,000.00 Capital Reserves 5 Year CIP (2024-2028 Fleet & Infrastructure Maintenance) 2,750,000.00 2,750,000.00 - Total Designated Funds 10,025,227.43 9,887,869.96 137,357.47 YE YE YE YE YTD APPA Ratio HUC 2020 2021 2022 2023 2024 5K-10K Cust. Target Debt to Asset Ratio (* w/Gen.) 32.6% 32.2% 34.8% 34.0% 34.3% 39.8% Current Ratio 6.18 5.70 4.96 4.35 3.04 3.75 RONA 2.5% -1.2% -4.2% -0.9% -1.4% NA >0% Notes/Graphs: Hutchinson Utilities Commission Cash -Designations Report, Gas 9/30/2024 Change in Financial Annual Balance, Balance, Cash/Reserve Institution Current Interest Rate Interest September 2024 August 2024 Position 51' Rr Savings, Checking, Investments varies varies Total HUC Operating Funds ��yyIIIIII ��JJ� ++ Debt Restricted Requirements Bond Covenants - sinking fund Debt Restricted Requirements Bond Covenants -1 year Max. P & I Total Restricted Funds Operating Reserve Rate Stabalization Funds PILOT Funds Catastrophic Funds Capital Reserves Total Designated Funds varies 26,685,245.28 26,081,792.79 603,452.49 26,685,245.28 26,081,792.79 603,452.49 Min 60 days of 2024 Operating Bud. $200K-$600K Charter (Formula Only) Risk Mitigation Amount 5 Year CIP (2024-2028 Fleet & Infrastructure Maintenance) 1, 811, 500.00 1,630,350.00 181,150.00 2,072,000.00 2,072,000.00 - 3,883,500.00 3,702,350.00 181,150.00 2,038,207.33 2,038,207.33 615,294.19 615,294.19 596,824.00 596,824.00 200,000.00 200,000.00 700,000.00 700,000.00 4,150,325.52 4,150,325.52 YE YE YE YE YTD HUC 2020 2021 2022 2023 2024 AGA Ratio Target Debt to Asset 32.0% 28.8% 26.5% 21.0% 18.2% 35%-50% Current Ratio 5.18 4.79 4.06 4.61 6.08 1.0-3.0 RONA 5.3% 2.9% 3.0% 6.2% 6.2% 2%-5% VW UUU Notes/Graphs: ELECTRIC DIVISION Operating Revenue September 2024 CLASS AMOUNT KWH /KWH Street Lights 31,048.70 398 $0.05453 Electric Residential Service 509,877.78 4,646,581 $0.10973 All Electric Residential Service 14,744.08 120,560 $0.12230 Electric Small General Service 159,445.21 1,501,862 $0.10617 Electric Large General Service 638,310.52 6,963,720 $0.09166 Electric Large Industrial Service 701,500.20 8,544,000 $0.08210 Total $2,054,926.49 21,777,121 $0.09436 Power Adjustment $0.00000 Rate Without Power Adjustment $0.09436 Electric Division Year -to -Date ® 2024 $ Amount ❑ 2023 $ Amount ® 2024 KWH110 ❑ 2023 KWH110 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 Street Lights Residential All Elec. Resid. Small Gen. Srv. Large Gen. Srv. Large Industrial For Resale Total NOTE: Sales for resale includes capacity sales and energy for resale NATURAL GAS DIVISION Operating Revenue September 2024 CLASS AMOUNT MCF /MCF Residential 130,586.05 6,098 $21.41460 Commercial 104,996.75 8,625 $12.17331 Large Industrial 23,013.80 3,241 $7.10095 Large Industrial Contracts 238,487.04 39,376 $6.05666 Total $497,083.64 57,340 $8.66904 Fuel Adjustment-$1.19061 Rate Without Fuel Adjustment $9.85965 Natural Gas Division Year -to -Date ❑ 2024 $ Amount ❑ 2023 $ Amount m 2024 MCF ❑ 2023 MCF 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 Gas Residential Gas Commercial Large Industrial Large Industrial Total Contracts zw Q N N N N N N N O N N Q Q Q O 0 0 0 0 E Q Q. 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J � N M V N N ei O O 0 0 0 O O 0 0 0 O O 0 0 0 O O 0 0 0 0 O O 0 0 0 O O 0 0 0 O O 0 0 0 C O O 0 w C I� C lD C Vf a C M C N ei _A y Cl) Cl) O V O) O V 0O V M - (O N V (O M O N M 0R ''... O M M U N O L U N N N W (O EA W '6 0 0 0 0 0 o y R O m a p R LO W W (M O y Ln O e F O N (O O N N LO O O y 0 E E N r O y 'O y LO N N r C7 M 0 O) 1- M N 06 (M O V M N 00 O 4:� F V N O) c LO rn f- of f o 0 0 0 0 O R O CO LO LO M O N (O O O O 0 F N N LO O 00 O) LO LO f� ,`�-- V N (O LO � In 0 OO N - O) I- 00 LO (O LO 00 N r w -No i 0 / �•. t7 m O O -p C 7 Y D a E a 0 it// 0" N — C Electric Production Work Order Description Materials 12203 Plant 2 Air Dryer 12204 Cooling Tower Repairs 138,695.00 12401 Tuck Pointing Phase 2 140,000.00 12402 Plant 1 Combustible Gas Detection System 100,000.00 12403 SWOIS Computer Upgrade U5 490,000.00 12404 Plant 1 Side Stream Filter 40,000.00 12405 Tower Water Pumps Plant 1 60,000.00 12406 Plant 2 Overhead Crane 15,207.00 $ 983,902.00 $ Total Total Labor Budgeted Actual Difference $ - 38,902.37 $ 38,902.37 20,000.00 $ 158,695.00 524,257.37 $ 365,562.37 $ 140,000.00 138,230.28 $ (1,769.72) $ 100,000.00 - $ (100,000.00) - $ 490,000.00 $ (490,000.00) $ 40,000.00 - $ (40,000.00) $ 60,000.00 58,052.43 $ (1,947.57) - $ 15,207.00 $ 2,565.10 $ 12,641.90 ----) 20,000.00 $ 1,003,902.00 $ 762,007.55 $ (241,894.45) Work Order De9ri2tion 22301 Hutch Sub Transformer Upgrade Engineering 22401 Hutch Substation Transformer 22402 McLeod Sub Relay Replacement 22403 Pole Repair and Replacement 22404 Station Equipment 22405 3M Sub SCADA Phase 2 22406 HTI Sub SCADA 22407 VMF Ball Field Lighting 22408 Install Duct 22409 Les Schwab Tire 22410 Fairgrounds Upgrade 22411 New Developments 22412 Les Schwab Tire Transformer 22413 Fairgrounds Upgrade Transformer 22414 Transformer New Developments 22415 Transformer Replacements 22416 Meters 22417 LED Street Light Conversion 22418 Road Projects 22419 Feeder 14 22420 Feeder16 Electric Distribution Total Total Materials Labor Budgeted Actual Difference 809,833.14 $ 809,833.14 - - 829,569.71 $ 829,569.71 125,000.00 - 125,000.00 - $ (125,000.00) 15,000.00 - 15,000.00 - $ (15,000.00) 10,000.00 - 10,000.00 - $ (10,000.00) 87,000.00 - 87,000.00 878.35 $ (86,121.65) 125,000.00 - 125,000.00 38,326.45 $ (86,673.55) 305,000.00 - 305,000.00 - $ (305,000.00) 18,000.00 65,000.00 83,000.00 10,889.67 $ (72,110.33) 5,000.00 3,000.00 8,000.00 - $ (8,000.00) 7,000.00 4,000.00 11,000.00 42,643.13 $ 31,643.13 60,000.00 15,000.00 75,000.00 112,798.43 $ 37,798.43 10,000.00 1,500.00 11,500.00 - $ (11,500.00) 15,000.00 2,000.00 17,000.00 12,176.41 $ (4,823.59) 60,000.00 10,000.00 70,000.00 - $ (70,000.00) 75,000.00 15,000.00 90,000.00 4,437.00 $ (85,563.00) 75,000.00 - 75,000.00 11,018.44 $ (63,981.56) 175,000.00 35,000.00 210,000.00 21,340.99 $ (188,659.01) 40,000.00 - 40,000.00 42,287.52 $ 2,287.52 - - - 21,341.26 $ 21,341.26 - - - 26,183.49 (26,183.49) $ 1,207,000.00 $ 150,500.00 $ 1,357,500.00 $ 1,983,723.99 $ 626,223.99 Administrative Work Order Descri tion 52203 Replace 037 Dump Truck 52204 Replace 130 Ford F350 Super Duty 52205 Replace 948 52301 International 4900 w/Altec 52302 Replace 995 2010 Dodge Dakota 52303 Replace 226 2012 Dodge RAM 1500 52401 Vacuum Excavator 52402 Replace 2014 GMC Sierra 181 52403 Replace 2014 GMC Sierra 376 52404 Servvice Body for Metering Truck 52405 Replace 2014 SUV 113 52406 Trencher/Plow Machine Total Total Budgeted Actual Difference - 60,581.53 (60,581.53) - 95,660.11 (95,660.11) - 58,480.08 (58,480.08) 320,945.90 (320,945.90) 44,504.92 (44,504.92) 53,052.33 (53,052.33) 95,000.00 73,784.87 21,215.13 40,000.00 40,955.96 (955.96) 40,000.00 40,955.96 (955.96) 32,000.00 32,000.00 40,977.00 58,480.08 (17,503.08) 65,000.00 55,512.33 9,487.67 $ 312,977.00 $ 902,914.07 $ 589,937.07 Work Order Description 62301 HCP Interconnect 62303 Fairfax Interconnect Downsize 62304 SCADA for HCP Interconnect 62401 Hanska Station Topsoil Removal and Rock 62402 Misc Developments & System Improvements 62403 City Projects 62404 Isolated Main Replacement (Btn Barley & Gler 62405 Improvements to Regulator Stations 62406 Service Lines 62407 Meters, AMI, and All Fittings 62408 Residential Regulators 62409 Industrial Metering and Regulation 62410 Methane Detector, Electro Fusion Machine Natural Gas Total Materials Labor Budgeted, 20,000.00 1,500.00 21,500.00 25,000.00 5,000.00 30,000.00 7,000.00 2,000.00 9,000.00 ,27,500.00 5,000.00 32,500.00 20,000.00 3,500.00 23,500.00 57,000.00 15,000.00 72,000.00 165,000.00 4,000.00 169,000.00 5,000.00 - 5,000.00 25,000.00 3,500.00 28,500.00 40,000.00 1,000.00 41,000.00 $ 391,500.00 $ 40,500.00 $ 432,000.00 $ Total Actual Difference 806,539.99 806,539.99 2,340.92 2,340.92 58,711.30 58,711.30 - (21,500.00) 6,025.02 (23,974.98) 17,161.37 8,161.37 - (32,500.00) - (23,500.00) 54,422.05 (17,577.95) 3,422.80 (165,577.20) - (5,000.00) 21,957.65 (6,542.35) 499.84 (40,500.16) 971,080.94 $ 539,080.94 HUTCHINSON UTILITIES COMMISSION 9 Board Action Form iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilliillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliilllI Agenda Item: Review Policies Presenter: Angie Radke Agenda Item Type: Time Requested (Minutes): 5 Review Policies Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As part of HUC's standard operating procedures, a continual policy review is practiced. This month, the following policies were reviewed and no changes are recommended on these policies at this time: i. Natural Gas Service Requirements & Charges ii. Temporary Service — Natural Gas iii. Natural Gas Meter Requirements & Placement iv. Meter Testing — Natural Gas v. Natural Gas Service Work vi. Locating Customer's Underground Utilities — Natural Gas BOARD ACTION REQUESTED: None Fiscal Impact: Included in current budget: Budget Change: PROJECT SECTION: Total Project Cost: Remaining Cost: Natural Gas Service Requirements and Charges HUC shall not install any facilities until all affected properties are within 6 inches of final grade. HUC shall furnish and install the underground natural gas service line. The service line to the meter shall remain the property of HUC. Type/Size Fee Single-family residential - 3/4" IPS $300 — up to 150 ft. plus $2.00/ft. in excess of 150 ft. Multi-family/Commercial/Industrial - 3/4" IPS $750 — up to 100 ft. plus $5.00/ft. in excess of 100 ft. Multi-family/Commercial/Industrial — 2" IPS $1500 — up to 100 ft. plus $5.00/ft. in excess of 100 ft. Industrial — 4" IPS and larger Time and Material Expense Service line length is defined as "distance from customer's property line to metering facilities", or in the instance the distribution main is located in rear easement, "distribution main to metering facilities". No structure or building may be located over natural gas lines or metering facilities. In the event that a structure or building is determined to be located over natural gas facilities, the natural gas facility must be relocated to a mutually agreed upon location. The customer shall be responsible for all costs associated with the relocation. No service line valve or any portion of the natural gas metering facilities may be buried. The customer shall be responsible for all costs incurred in raising all facilities. Hutchinson Utilities Commission shall begin installing excess flow valves, as of April 14, 2017, on all newly installed and replacement service lines serving the following types of services before the line is activated: A single service line to one single-family residence; A branched service line to a single-family residence installed concurrently with the primary single-family residence service line (i.e., a single EFV may be installed to protect both service lines); A branched service line to a single-family residence installed off a previously installed single-family residence service line that does not contain an EFV; • Multifamily residences with known customer loads not exceeding 1,000 SCFH per service, at time of service installation based on installed meter capacity, and • A single, small commercial customer served by a single service line with a known customer load not exceeding 1,000 SCFH, at the time of meter installation, based on installed meter capacity. Hutchinson Utilities shall install either a manual service line shut-off valve or, if possible, based on sound engineering analysis and availability, an excess flow valve for any new or replaced service line with installed meter capacity exceeding 1,000 SCFH. All new natural gas consumer -owned fuel lines, downstream of the metering facilities, must be pressure tested, prior to the gas meter being set. The test must be verified by an approved inspector. Installation of Natural Gas Service Lines — November 1 through March 31 Final determination on installation of natural gas service lines shall be made by HUC. Temporary Service HUC does not offer temporary natural gas service. Natural Gas Meter Requirements and Placement HUC shall furnish and install the natural gas meter at no charge to the customer. HUC reserves the right to specify the natural gas meter location on all installations. All meters must be located on an external wall of the building, at a horizontal distance of no less than 3 feet from fresh air intakes, windows or door openings. New construction natural gas meters must be located within 10 feet of the electric meter if HUC is providing both services. Access to all natural gas meters shall not be obstructed. Natural gas meters shall be located in ventilated spaces readily accessible for examination, reading, replacement or necessary maintenance. Decks, porches, etc. shall not be constructed over a natural gas meter. Natural gas meters shall not be located where they will be subject to damage, such as adjacent to a driveway or other locations subject to vehicular traffic, in public passages, where they will be subject to excessive corrosion or vibration or in areas subject to ice and snow damage. Natural gas meters shall not be installed directly beneath external stairways. Natural gas meters shall not be located where they will be subjected to extreme temperatures or sudden extreme temperature changes (e.g., air ducts, dryer vents). Manufacturer's installation specifications shall be adhered to when installing fresh air intake and exhaust terminations near natural gas metering facilities. Natural gas regulators shall be located - no less than 3 feet from any source of ignition or any source of heat that may damage the facilities. HUC requires a minimum of a 3-foot clear zone in front of the natural gas meter. Reasonable care must be taken to protect all metering facilities when remodeling, roofing, painting, etc. In the event of damage to the natural gas facilities, the customer shall be responsible for the cost of repairing or replacing the natural gas facilities. Conditions may exist which may require additional restrictions or distances (e.g. multiple meters, etc.). Please contact HUC if you should have any questions regarding your natural gas metering facilities. Modifications made to the customer's metering facilities, necessitated by customer changes, shall be performed by HUC, at the customer's expense. All natural gas service lines retired due to building demolition, overbuilding, etc. shall be M retired at the customer's expense. HUC Natural Gas Division performs all retirement work on natural gas facilities. Estimate is provided by HUC Natural Gas Division when requested. All exceptions require the approval of HUC prior to the start of construction. If violations or deviations are determined, the customer shall be responsible for the cost of the correction. Single Family Dwellings HUC shall provide natural gas to residential customers at the standard delivery pressure of 7 inches of water column, measured at the inlet to the natural gas meter. All residential natural gas metering facilities shall be located on the side of the home within 6 feet of the front building wall. Front building wall is defined as the wall nearest the street of the resident's living space. Multi -Family Dwellings/Multiple Business Establishments Delivery pressures greater than 7 inches of water column, for multi -family and multiple business establishments, shall only be allowed by the prior approval of HUC. The customer must provide adequate over -pressure protection for all fuel lines subject to increased delivery pressure. The single metering of multiple -family dwellings, apartment buildings or multiple business establishments within a single building is permitted to the extent that each building is centrally heated. Individual metering is required for all individually heated, single-family private residences and each separately heated, owned and/or operated business. Please contact HUC for specifications regarding meter facilities. Commercial/Industrial Facilities Delivery pressures greater than 7 inches of water column, for commercial and industrial applications, shall only be allowed by the prior approval of HUC. The customer must provide adequate over -pressure protection for all fuel lines subject to increased delivery pressure. Please contact HUC for specifications regarding meter facilities. Meter Testing HUC shall periodically test all natural gas meters for accuracy and sound mechanical condition. Meters that have an average incest accuracy of 100, ± 2%, shall be considered accurate. Average accuracy is defined as the average of the open and check flow accuracies. Accounts for which the natural gas meter tests in excess of 102% are subject to a refund. This refund shall be based on the "as found average meter accuracy" and the customer's consumption for the previous six month period. Upon request of the customer, HUC shall test the average accuracy of the natural gas meter. A $40 trip charge may be assessed to all accounts in which the "as found average meter accuracy" is determined to be 102% or less. Natural Gas Service Work HUC personnel shall perform leak investigation and carbon monoxide testing at no charge to the customer. HUC does not perform service work on customer owned facilities. 7 Locating Customer's Underground Utilities HUC shall locate all natural gas underground distribution and transmission facilities up to the meter at no charge to the customer or landowner. HUTCHINSON UTILITIES COMMISSION � Board Action Form 'XA61Tl`' Agenda Item: Approve Commodity Agreement with the City of Brownton Presenter: Jeremy Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Hutchinson Utilities Commission entered into an original Commodity agreement with the City of Brownton to supply them natural gas that commenced on August 1, 2013. This agreement was for an original period of 9 years ending August of 2022. As part of reviewing and keeping HUCs contracts current staff is recommending the board approve a revised 5 year agreement with the City of Brownton to continue providing firm natural gas to support the City of Brownton. Below are the amended changes: Contract date: November 1 st, 2024 - November 1 st, 2029 (5 Year Agreement) Notification of contract continuance: Decreases from 1 year to 3 months Discussion of Future Operations: Decreases from 2 years to 6 months prior to the end of the contract. The current agreement is reflected in the 2024 budget and will continue to be reflected in future operating budgets within the Natural Gas Division. BOARD ACTION REQUESTED: Approve Firm Transporation Capacity Agreement with the City of Brownton Fiscal Impact: $4,000-$5,000/annually Included in current budget: Yes Budget Change: PROJECT SECTION: Total Project Cost: Remaining Cost: HUTCHINSON UTILITIES COMMISSION NATURAL GAS COMMODITY AGREEMENT City of Brownton This document sets forth the natural gas commodity rates and conditions of service provided to the City of Brownton by Hutchinson Utilities Commission. NATURAL GAS COMMODITY AGREEMENT THIS COMMODITY AGREEMENT ("Agreement") is made and entered into on this day of October , 2024, to be effective as of "Nine a.m. Central Clock Time" the 1st day of November , 2024, by and between the City of Brownton ("Brownton") with offices located at 335 3rd Street, P.O. Box 238, Brownton, Minnesota, 55312 and Hutchinson Utilities Commission ("Hutchinson") a Minnesota municipal utility located at 225 Michigan St. SE, Hutchinson, Minnesota, 55350. Brownton and Hutchinson shall hereinafter be referred to separately as "Party" or jointly as "Parties." WITNESSETH: WHEREAS, Brownton has constructed a natural gas distribution system including all apparatuses thereto, commencing at the UNG/Brownton Interconnect (as hereinafter defined), and extending to the ends of the distribution system, as further described and depicted in Exhibit A attached hereto; WHEREAS, Brownton, on the one hand, and United Natural Gas LLC, on the other hand ("UNG"), have established an interconnection between their pipeline facilities and to contract for UNG to provide long-term firm transportation capacity to Brownton over UNG's natural gas pipeline facilities, which shall run from natural gas pipeline owned by Hutchinson to Brownton's natural gas distribution system; WHEREAS, pursuant to the above, Brownton and UNG, are entering into that Interconnect and Natural Gas Firm Transportation Capacity Agreement of even date herewith, which Hutchinson acknowledges; WHEREAS, Brownton has contracted with Hutchinson to provide long-term firm transportation capacity to Brownton over Hutchinson's natural gas pipeline facilities to the point of interconnection between the facilities of Hutchinson and the facilities of UNG, pursuant to that certain Natural Gas Firm Transportation Capacity Agreement by and between Brownton and Hutchinson of even date herewith (hereinafter the "Hutchinson Transportation Capacity Agreement"); WHEREAS, Brownton has retained Hutchinson to operate Brownton's natural gas distribution system, pursuant to that certain Distribution Facilities Operating Agreement of even date herewith; WHEREAS, Brownton desires to purchase, and Hutchinson desires to sell, a long- term supply of natural gas for use at Brownton, upon the terms and conditions set forth herein, and the Parties desire to set forth the terms and conditions of their agreement; and WHEREAS, Brownton acknowledges that Hutchinson is entering into the Hutchinson Transportation Capacity Agreement in reliance upon this Agreement. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as the follows: 1. Definitions. (a) All capitalized terms not otherwise defined herein shall have the same meaning as ascribed in the Distribution Facilities Operating Agreement. (b) "Baseload Commodity Rate" shall mean the Baseload Gas Rate, plus $0.05 per Dth, plus 3.25% of said sum. (c) "Baseload Gas Cost" shall mean the Baseload Gas Volume times the Baseload Commodity Rate. (d) "Baseload Gas Rate" shall mean Hutchinson's monthly average price, for the current month, for all natural gas contracts purchased within Hutchinson's Risk Management Purchasing Program. (e) "Baseload Gas Volume" shall mean 65% of Brownton's total daily natural gas consumption. (f) "UNG/Brownton Interconnect" shall mean the point at which custody of natural gas flowing through the pipeline of UNG shall transfer from UNG to Brownton, which shall be located at the outer flange of the emergency valve, and which point is described in greater detail on the attached Exhibit A. (g) "Daily Index" shall mean the index published for the day by Platt's "Gas Daily" in its "Daily Price Survey ($/Dth)" for "Northern, Ventura" "Midpoint." (h) "Delivery Period" shall commence on the Effective Date at 9:00 a.m. Central Clock Time and shall conclude upon the termination of this Agreement. (i) "Swing Supply Gas Cost" shall mean the Swing Supply Volume times the Swing Supply Rate. 0) "Swing Supply Rate" shall mean the Daily Index plus $0.05 per Dth, plus 3.25% of said sum. (k) "Swing Supply Volume" means 35% of Brownton's total daily natural gas consumption. (1) "HUC/UNG Interconnect" shall mean the point at which UNG's natural gas pipeline facilities connect to the pipeline owned and operated by Hutchinson. 2. Effective Date. This Agreement shall become effective upon the Effective Date, contingent upon the Parties executing the Hutchinson Transportation Capacity Agreement and Hutchinson receiving a signed resolution by the governing board of Brownton directing Hutchinson to proceed with its responsibilities under this Agreement and the Hutchinson Transportation Capacity Agreement. 3. Term. The term of this Agreement is 5 years and shall continue in force and effect until "Nine a.m. Central Clock Time" on November 1, 2029. Representatives of Hutchinson and Brownton shall meet approximately six (6) months prior to the end of the term of this Agreement to discuss future operations. If Brownton desires to continue services under this Agreement after the Initial Term, Brownton must notify Hutchinson in writing ninety (90) days (-prior to the expiration of this Agreement. If Brownton has provided such timely notice, has complied with all terms of this Agreement, and has no outstanding arrearages, collectively, the ("Extension Conditions"), then this Agreement shall be extended for a mutually agreed -upon period. If Brownton fails to satisfy the Extension Conditions, then Hutchinson is not obligated to renew service for Brownton. Any extension or renewal of the Initial Term of this Agreement shall be contingent upon United Natural Gas, LLC, or its successor, renewing, extending, or entering into a new interconnect agreement with Hutchinson for a term at least as long as the extended term of this Agreement. 4. Sale and Purchase of Gas. Hutchinson agrees to sell to Brownton, and Brownton agrees to purchase and take from Hutchinson, firm gas in an amount not to exceed 2000 Dth per day ("Daily Contract Quantity") for each day during the Delivery Period at the HUC/UNG Interconnect pursuant to the terms and conditions set forth in this Agreement. Hutchinson shall deliver and Brownton shall receive the Daily Contract Quantity at the HUC/UNG Interconnect. It is intended that Brownton receive all of its gas requirements, up to the Daily contract Quantity, under this Agreement. The Parties acknowledge that gas intended for use by the United Farmers Companies shall be commingled and transported with gas intended for use by Brownton between the HUC/UNG Interconnect and the UNG/Brownton Interconnect. Hutchinson shall monitor the meters located at or near the HUC/UFC Interconnect and the UFCBrownton Interconnect and use such meter readings and thereby calculate the portion of the gas transported between the HUC/UNG Interconnect and the UNG/Brownton Interconnect which is attributable to Brownton and thus chargeable to Brownton under the terms of this Agreement. 5. Fees. Brownton shall pay Hutchinson the Baseload Gas Cost for the Baseload Gas Volume, plus the Swing Supply Gas Cost for the Swing Supply Volume as each provided during the Delivery Period. The Parties shall review the fees associated with this Agreement on an annual basis, starting on November 1, 2025 and on each November 1 thereafter, and reserve the right to modify the fees upon mutual agreement. 6. Payment. Hutchinson will provide a bill for the fees charged pursuant to the above Paragraph 3 to Brownton or its agent by the fifteenth day of the month following the month in which service is rendered. Payment is due from Brownton on or before the fifteenth calendar day following the date said bill is issued by Hutchinson. A late payment charge of one and one-half percent per month, or the legally authorized maximum interest rate, whichever is lower, shall be levied on any unpaid balances. If Brownton disputes any amount in a bill, Brownton shall (except in the case of manifest error) nonetheless pay the amount required by the bill. The Parties shall meet as soon as practicable after notification of any billing dispute to resolve the dispute informally. 7. Suspension. In the event that Brownton fails to pay when due any amounts owed to Hutchinson and such failure continues beyond three (3) business days after the time any such amounts were due, then delivery of the Daily Contract Quantity shall be suspended ("Suspension Status") until either (a) Brownton's payment is received in full, including any late charges, on or before the 20th day of the month following the month that payment was originally due, or (b) this Agreement is terminated. Hutchinson may sell any gas affected by the Suspension Status. Hutchinson shall have no obligation to draw upon the security deposit or performance bond posted by Brownton. 8. Early Termination. In the event that Brownton fails to pay when due any amounts owed to Hutchinson on or before the 20th day of the month following Brownton's Suspension Status, then Hutchinson may, at its option terminate this Agreement. If the Agreement is terminated, Hutchinson shall have no obligation to sell or deliver gas to Brownton under this Agreement, and the obligation of Brownton to purchase and receive gas from Hutchinson under this Agreement will terminate. 9. Force Majeure. Except with regard to a Party's obligation to make payment(s) hereunder, neither Party shall be liable to the other for failure to perform an obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the Parry claiming suspension, as further defined in Section 8(a). Each Party shall make commercially reasonable efforts to avoid the adverse impacts of Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. (a) Force Majeure Defined. "Force Majeure" shall mean acts and events not within the reasonable control of the Parry claiming Force Majeure, or, in the case of third parry obligations or facilities related to the performance of a Party hereunder, the third -parry claiming Force Majeure. Force Majeure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, material, equipment, or labor shortages, wars, riots, insurrections, acts of terrorism, sabotage, epidemics, landslides, lightning, earthquakes, floods, hurricanes, fires, storms, washouts, government or court orders, civil disturbances, explosions, breakage or accident or repair to machinery or pipelines, freezing of wells or pipelines, stoppage of flow on the receiving or transporting pipeline supplying the Uptake Point, Northern Border Pipeline Company equipment failure, or any other cause of whatever kind, whether specifically enumerated herein or not, that is not within the control of the parry claiming Force Majeure. (b) Exclusions. Neither Party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is prevented by any or all of the following circumstances: (i) the Party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; (ii) economic hardship, to include, without limitation, Hutchinson's ability to sell gas at a higher or more advantageous price, the ability of Brownton to purchase gas at a lower or more advantageous price; or (iii) the curtailment of interruptible or secondary firm transportation unless primary, in -path firm transportation is also curtailed. (c) Procedure. In the event that Hutchinson or Brownton is rendered unable, wholly or in part, by Force Majeure to carry out its obligations hereunder, it is agreed that upon such Party's giving notice and full particulars of such Force Majeure to the other Parry as soon as reasonably practicable, the obligations of the Parry giving such notice, to the extent they are affected by such event, shall be suspended from the inception and during the continuance of the Force Majeure. Initial notice may be given orally; however, written notice (which notice may be sent by electronic mail or facsimile, with such notice complete upon transmission) with reasonably full particulars of the event or occurrence is required within 24 hours following oral notice. (d) Settlement of Labor Disputes. Notwithstanding anything to the contrary herein, the Parties agree that the settlement of strikes, lockouts, or other industrial disturbances shall be within the sole discretion of the Party experiencing such disturbance. 10. Failure to Take or Deliver Gas. (a) Failure to Deliver Gas. If Hutchinson fails to deliver all or any portion of the Daily Contract Quantity at the HUC/UNG Interconnect and such failure is not due to either (a) the actions or inactions of Brownton, or (b) Force Majeure, then Brownton may exercise commercially reasonable efforts to purchase replacement gas for the portion of the Daily Contract Quantity not provided for a particular day ("Replacement Gas"). To the extent that Brownton purchases Replacement Gas, Hutchinson shall pay or credit to Brownton the amount by which the Replacement Gas price exceeds the applicable fees under this Agreement. (b) Failure to Take Gas. If Brownton fails to take all or any portion of the Daily Contract Quantity at the HUC/UNG Interconnect and such failure is not due to either (a) the actions or inactions of Hutchinson, or (b) Force Majeure, then Brownton shall remain responsible for the payments owing under this Agreement. Hutchinson shall have the right to sell any portion of the Daily Contract Quantity not taken by Brownton. Brownton shall have no right to any proceeds that may result from the sale of gas due to Brownton's failure to take. (c) Sole Remedies. The remedies set forth in Section 9 shall be each Party's sole and exclusive remedies for any failure by the other Party to deliver or take gas under this Agreement. 11. Title and Risk of Loss. Title to the gas delivered hereunder and risk of loss shall pass from Hutchinson to Brownton at the HUC/UNG Interconnect. Hutchinson assumes all liability for and shall indemnify, defend, and hold Brownton harmless from any claims, including death of persons, arising from any act or incident occurring when title to gas is vested in Hutchinson. Brownton assumes all liability for and shall indemnify, defend, and hold Hutchinson harmless for any claims, including death of persons, arising from any act or incident occurring when title to gas is vested in Brownton. 12. Taxes. Hutchinson shall be responsible for all ad valorem, excise, severance, production and other taxes assessed upstream of the HUC/UNG Interconnect. Brownton shall be responsible for all such taxes assessed at or downstream of the HUC/UNG Interconnect. 13. Warranty of Title. Hutchinson warrants that it will have the right to convey and will transfer good and merchantable title to all gas sold hereunder and delivered by it to Brownton, free and clear of all liens, encumbrances, and claims. EXCEPT FOR THE WARRANTIES EXPRESSLY MADE BY HUTCHINSON IN THIS SECTION, HUTCHINSON HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. 14. Representations and Warranties. Each Parry, with respect to itself, hereby represents and warrants to the other Party as of the Effective Date as follows: (a) it is duly organized and validly existing in good standing under the laws of the state of Minnesota, and has all requisite power and authority, corporate or otherwise, to enter into and to perform its obligations hereunder and to carry out the terms and conditions hereof and the transactions contemplated hereby; (b) there is no litigation, action, suit, proceeding or investigation pending or, to the best of such Party's knowledge, threatened, before or by any government agency, that could reasonably be expected to materially and adversely affect the performance by such Party of its obligations hereunder; and (c) this Agreement has been duly executed and delivered on behalf of such Party by an appropriate officer or authorized person of such Party and constitutes the legal, valid and binding obligation of such Party, enforceable against it in accordance with its terms, as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors' rights generally and by general principles of equity. 15. Limitation of Damages. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is herein provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor's liability shall be limited as set forth in such provision, and all other remedies or damages at law or in equity are waived, unless such breach is the result of gross negligence or willful misconduct. Without regard to the cause or causes related thereto, neither Parry shall be liable for consequential, incidental, punitive, exemplary, or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision or otherwise, unless such breach is the result of gross negligence or willful misconduct. 16. Regulation. It is understood by Brownton that it is economically feasible to enter into this Agreement solely because Hutchinson is a self -regulated municipal utility. If at any time any of the activities covered under this agreement become subject to regulation by the Public Utilities Commission of the State of Minnesota or any other state or federal agency that do not currently control the activities of Hutchinson under this agreement, Hutchinson shall have the option, at its sole discretion, to pass all costs incurred, due to Hutchinson's regulation, to Brownton for the length of this Agreement. 17. Alternative Dispute Resolution. Whenever the Parties disagree on the interpretation or enforcement of this Agreement, or upon calculations or payments, then upon written request of either Party, representatives with settlement authority for each Party shall meet in person and confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute, they shall submit their dispute to mediation pursuant to the Minnesota Civil Mediation Act. If the dispute is not resolved by mediation, the Parties may invoke their legal remedies available at law. 18. General Terms. (a) Entire Agreement. This Agreement sets forth all terms agreed upon between the Parties concerning the subject matter hereof, and no prior oral or written agreements shall be binding. This Agreement shall not be altered, amended or modified except as in writing and executed by both Parties. (b) Governing Law. This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced, and performed in accordance with the laws of the State of Minnesota, without regard to any conflicts of law principle that would direct the application of another jurisdiction's law. (c) Data Practices Act. The Parties acknowledge that Hutchinson and Brownton are subject to Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the "Act"), including limiting public access to trade secret and other protected data. Each Parry agrees to defend, indemnify, and hold harmless the other Parry, its officials, officers, agents, employees, contractors, and subcontractors from any claims resulting from unlawful disclosure and/or use of such protected data. Brownton agrees to promptly notify Hutchinson if Brownton receives a request to access the terms of this Agreement, and to cooperate with Hutchinson if Hutchinson seeks a protective order, at Hutchinson's expense. Brownton agrees to promptly notify Hutchinson if Brownton becomes aware of any potential claim, or facts giving rise to potential claims, under the Act. The terms of this section shall survive the termination of this Agreement. (d) Other Documents This Agreement, the Hutchinson Transportation Capacity Agreement, and the Distribution Facilities Operating Agreement, shall be construed to give effect to all provisions of the documents to the maximum extent possible. In the event of a direct and irreconcilable conflict between the documents, they must be construed in the following order of priority: (1) the Hutchinson Transportation Capacity Agreement; (2) this Agreement; (3) the Distribution Facilities Operating Agreement. (e) Non -Waiver. No waiver of any breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the Party against whom such waiver is claimed. No waiver of any breach shall be deemed a waiver of any other subsequent breach. (f) Assi_ng ment. Neither Party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party. (g) Severability. If any provision of this Agreement is determined to be invalid, void, or unenforceable by any court or other entity having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Agreement; and the Parties agree to negotiate in good faith a replacement to such invalid, void or unenforceable provision and/or any other amendments as may be necessary to ensure that the Agreement as a whole reflects the original intentions of the Parties. (h) Relationship of Parties. The Parties shall not be deemed in a relationship of partners or joint ventures by virtue of this Agreement, nor shall either Party be an agent, representative, trustee or fiduciary of the other. Neither Party shall have any authority to bind the other to any agreement. This Agreement is intended to secure and provide for the services of each Party as an independent contractor. (i) Headings. Headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. 0) No Third Party Beneficiary. There is no third party beneficiary to this Agreement. (k) Counterparts. This Agreement may be executed and acknowledged in multiple counterparts, each of which shall be an original and all of which shall be and constitute one and the saute instrument. IN WITNESS WHEREOF, Brownton and. Hutchinson have executed this Agreement in two (2) duplicate originals by their duly authorized, respective officers as of the date first above written, HUTCHINSON UTILITIES CITY OF BROWNTON COMMISSION J By: By: Name: / Name: Title: Commission President Title: dvl't' Date: Dater Witt -less: Witness: Date: Date: EXHIBIT A DIAGRAM OF UNG/BROWNTON INTERCONNECT, UNG INTERCONNECT FACILITIES, AND CITY INTERCONNECT FACILITIES LOCATIONS [Attached] 1385945.1 HUTCHINSON UTILITIES COMMISSION Board Action Form '�XA61Tl�`' Agenda Item: Approve Firm Transportation Capacity Agreement with the City of Brownton Presenter: Jeremy Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Hutchinson Utilities Commission entered into an original Firm Transportation and Capacity agreement with the City of Brownton that commenced on August 1, 2013. This agreement was for an original period of 9 years ending August of 2022. As part of reviewing and keeping HUCs contracts current staff is recommending the board approve a revised 5 year agreement with the City of Brownton to continue providing firm transportation and capacity on HUC's transmission line to support the City of Brownton. Below are the amended changes: Contract date: November 1 st, 2024 - November 1 st, 2029 (5 Year Agreement) Notification of contract continuance: Decreases from 1 year to 3 months Discussion of Future Operations: Decreases from 2 years to 6 months prior to the end of the contract. Transportation Charge Adjustment: Moves from August 1 to November 1 The current agreement is reflected in the 2024 budget and will continue to be reflected in future operating budgets within the Natural Gas Division. BOARD ACTION REQUESTED: Approve Firm Transporation Capacity Agreement with the City of Brownton Fiscal Impact: $12,000-$13,000/Annually Included in current budget: Yes Budget Change: PROJECT SECTION: Total Project Cost: Remaining Cost: HUTCHINSON UTILITIES COMMISSION NATURAL GAS FIRM TRANSPORTATION CAPACITY AGREEMENT City of Brownton This document sets forth the rates and conditions of service for firm transportation capacity provided to the City of Brownton by Hutchinson Utilities Commission. NATURAL GAS FIRM TRANSPORTATION CAPACITY AGREEMENT THIS NATURAL GAS FIRM TRANSPORTATION CAPACITY AGREEMENT ("Agreement'') is made and entered into on this day of October , 2024, to be effective as of "Nine a.m. Central Clock Time" the lst day of November, 2024, by and between the City of Brownton ("Brownton") with offices located at 335 3rd Street South, P.O. Box 238, Brownton, Minnesota, 55312 and Hutchinson Utilities Commission ("Hutchinson") a Minnesota municipal utility located at 225 Michigan St. SE, Hutchinson, Minnesota, 55350. Brownton and Hutchinson shall hereinafter be referred to separately as "Party" or jointly as "Parties." WITNESSETH: WHEREAS, Brownton has constructed a natural gas distribution system including all apparatuses thereto, commencing at the UNG/Brownton Interconnect (as hereinafter defined), and extending to the ends of the distribution system, as further described and depicted in Exhibit A attached hereto; WHEREAS, Brownton, on the one hand, and United Natural Gas LLC, on the other hand ("UNG"), have established an interconnection between their pipeline facilities and to contract for UNG to provide long-term firm transportation capacity to Brownton over UNG's natural gas pipeline facilities, which shall run from natural gas pipeline owned by Hutchinson to Brownton's natural gas distribution system; WHEREAS, pursuant to the above, Brownton and UNG are entering into that Interconnect and Natural Gas Firm Transportation Capacity Agreement of even date herewith, which Hutchinson acknowledges; WHEREAS, Brownton has retained Hutchinson to operate its natural gas distribution system on behalf of Brownton, pursuant to that certain Distribution Facilities Operating Agreement by and between Brownton and Hutchinson of even date herewith; WHEREAS, Brownton and Hutchinson have arranged for Hutchinson to sell to Brownton a long-term supply of natural gas, pursuant to that certain Natural Gas Commodity Agreement of even date herewith; and WHEREAS, Brownton desires Hutchinson to provide long-term firm transportation capacity to Brownton over Hutchinson's natural gas pipeline facilities to the point of interconnection between the facilities of Hutchinson and the facilities of UNG, upon the terms and conditions set forth herein, and the Parties desire to set forth the terms and conditions of their agreement. NOW THEREFORE, in consideration of the premises and mutual covenants and conditions contained in this Agreement, the sufficiency of which is hereby acknowledged, Hutchinson and Brownton agree as follows: 1. Character of Service. a. Firm Natural Gas Transportation Service. Hutchinson shall provide to Brownton volumetric firm natural gas transportation capacity in the amount of, and not to exceed, 2000 Dth per day for 365 days per year ("Maximum Daily Quantity"). The Maximum Daily Quantity shall not be curtailed or interrupted except pursuant to the terms of this Agreement. The Maximum Daily Quantity shall be transported to the HUC/UNG Interconnect, defined in Attachment A. b. Obligation to Provide Natural Gas SUply. The Parties have separately entered into a Natural Gas Commodity Agreement in which Hutchinson is obligated to provide, and Brownton is obligated to purchase, all gas supplies to Brownton for the length of and under the terms of the Natural Gas Commodity Agreement. This Agreement is designed to be co-terminous with the Natural Gas Commodity Agreement. C. Definitions. I. All capitalized terms not otherwise defined herein shall have the same meaning as ascribed in the Distribution Facilities Operating Agreement. 2. "HUC/UNG Interconnect" shall mean the point at which UNG's natural gas pipeline facilities connect to the pipeline owned and operated by Hutchinson. 3. "UNG/ Brownton Interconnect" shall mean the point at which custody of natural gas flowing through the pipeline of UNG shall transfer from UNG to Brownton, which shall be located at the outer flange of the emergency valve, and which point is described in greater detail on the attached Exhibit A. 2. Availability and Conditions. a. Generally. Hutchinson hereby certifies that it has sufficient firm transportation capacity to provide the Maximum Daily Quantity of firm transportation to Brownton pursuant to the terms of this Agreement for the term of this Agreement. Hutchinson shall always provide firm transportation capacity, up to the Maximum Daily Quantity, unless such capacity is curtailed or interrupted pursuant to the terms of this Agreement. b. Natural Gas Standards. All gas supplies transported by Brownton under the terms of this Agreement shall meet the standards reasonably specified by Hutchinson from time to time. The gas supply standards shall be identical to the standards imposed on Hutchinson by its interstate natural gas pipeline transporter, Northern Border Pipeline Company. C. Metering. Brownton shall provide, at its expense, automatic telemetering equipment at or near UNG/Brownton Interconnect. Brownton shall also provide telephone, computer, and other interfaces, as well as electric connections to the meter at Brownton's final interconnect station and allow Hutchinson access to all metering equipment. Hutchinson will inspect and test Brownton-installed metering instrumentation (allowing Brownton and UNG representatives to observe). Grounding equipment shall be designed and installed by Hutchinson. The Parties acknowledge that gas intended for use by UNG shall be commingled and transported with gas intended for use by Brownton between the HUC/UNG Interconnect and the UNG/Brownton Interconnect. Hutchinson shall monitor the meters located at or near the HUC/UNG Interconnect and the UNG/Brownton Interconnect and use such meter readings and thereby calculate the portion of the transportation capacity between the HUC/UNG Interconnect and the UNG/Brownton Interconnect which is attributable to Brownton and thus chargeable to Brownton under the terms of this Agreement. d. Contact Persons. 1. Brownton shall supply to Hutchinson the name, business address, a primary and secondary contact person, telephone numbers for the primary and secondary contact person, and a twenty-four hour emergency telephone number. 2. Hutchinson shall supply to Brownton the name, business address, a primary and secondary contact person, telephone numbers for the primary and secondary contact person, and a twenty-four hour emergency telephone number. e. Conditions Precedent. Service under this Agreement shall not commence until both Parties have fully executed this Agreement and complied with all relevant requirements contained herein. f. Contract Fees. Hutchinson has the right to pass through actual costs due to fees or changes imposed by third -party entities that relate to the services provided by Hutchinson under this Agreement. 3. Term. The term of this Agreement is 5 years and shall continue in force and effect until "Nine a.m. Central Clock Time" on November 1, 2029. Representatives of Hutchinson and Brownton shall meet approximately six (6) months prior to the end of the Term of this Agreement to discuss future operations. If Brownton desires to continue services under this Agreement, Brownton must notify Hutchinson in writing ninety (90) days prior to the expiration of this agreement. If Brownton has provided such timely notice, has complied with all terms of this Agreement, and has no outstanding arrearages, collectively, the ("Extension Conditions"), then this Agreement shall be extended for a mutually agreed -upon period. If Brownton fails to satisfy the Extension Conditions, then Hutchinson is not obligated to renew service for Brownton. Any extension or renewal of the Initial Term of this Agreement shall be contingent upon United Natural Gas, LLC, or its successor, renewing, extending, or entering into a new interconnect agreement with Hutchinson for a term at least as long as the extended term of this Agreement. 4. Rates. a. Rates for Service The following charges shall apply to the firm transportation capacity to be provided to Brownton by Hutchinson: 1. Reservation Charge. Per Dth of Maximum Daily Quantity -- $0.00 per Day 2. Transportation Charge. Per Dth of transportation - $0.54/Dth The transportation charge will be adjusted, starting on November 1, 2025 and on each November 1 thereafter, according to any change in the CPI-U from the previous year; provided, however, that such charge shall never be less than $0.54. CPI-U shall mean the annual average Consumer Price Index — All Urban Consumers as published by the United States Department of Labor, Bureau of Statistics, Washington, D.C. b. Third Party Charges. Brownton is responsible for all charges, taxes and fees imposed by any supplier, broker, marketer or any other third party for any service that is provided to, or on behalf of, Brownton related to the supply, transportation or delivery of natural gas. These charges include, but are not limited to, the cost of gas, reservation charges, administrative fees, billing fees, minimum take charges, and any and all other types of charges from any such entity. C. Penalties. Brownton shall pay any fines, additional amounts, or penalties imposed under the terms of this Agreement. 5. Billing and Payment. a. Billing. An invoice for transportation charges and any additional charges under this Agreement will be issued to Brownton or its agent by the fifteenth day of the month following the month in which service was rendered. b. Payment. Payment is due from Brownton on or before the fifteenth day following the date the bill is issued by Hutchinson. A late payment charge of one and one-half percent per month, or the legally authorized maximum interest rate, whichever is lower, shall be levied on any unpaid balances. C. Pipeline, Supplier, and Third Party Charges. Any charges that Hutchinson reasonably incurs on behalf of Brownton in performing under this Agreement, including but not limited to charges from any pipeline, supplier, or other third parry, shall be passed through to, and paid in full by, Brownton. Hutchinson shall provide to Brownton in writing full details concerning any such charges. d. Good Faith Dispute. If Brownton, in good faith, disputes the amount of any invoice rendered by Hutchinson, or any part thereof, Brownton shall pay the full amount of the invoice. Hutchinson shall promptly provide in writing to Brownton supporting documentation acceptable in industry practice to support the amount invoiced, and Brownton shall promptly provide to Hutchinson in writing the basis for any dispute, including supporting documentation acceptable in industry practice. In the event the Parties are unable to resolve such dispute, the Parties shall follow the dispute -resolution procedure in section 12. e. Right to Inspect. Each Party shall have the right, at its own expense, upon reasonable notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other parry only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under this Agreement. This right to examine, audit, and to obtain copies shall not be available with respect to information not directly relevant to transactions under this Agreement. f. Finality. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to, in writing, with adequate explanation and/or documentation, within two years after the initial billing date for the invoice or bill in dispute. 6. Operational Requirements. a. Responsibility for Facilities. Hutchinson shall provide or cause to be provided, and shall maintain and operate the gas pipeline facilities necessary to transport natural gas to the HUC/UNG Interconnect. Brownton shall provide or cause to be provided any and all metering equipment and any and all other facilities required to take delivery of the Maximum Daily Quantity hereunder at the HUC/UNG Interconnect, and for the transportation and distribution of gas from the HUC/UNG Interconnect to the UNG/Brownton Interconnect. Brownton shall be responsible for all costs to install and maintain the metering and other facilities sufficient to take delivery and to communicate Brownton's delivery quantities as required to perform this Agreement. b. Responsibility for Transporting Gas Supplies. Hutchinson shall have the sole responsibility for transporting natural gas supplies to the HUC/UNG Interconnect. Brownton shall have the sole responsibility for transporting natural gas from the HUC/UNG Interconnect. c. Indemnity. Each Party (each, an "Indemnifying Party") agrees to defend, indemnify, and hold harmless the other Party from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, for death, bodily injury, or third -parry property damage to the extent resulting directly or indirectly from any negligent act or omission of the Indemnifying Party, its employees, agents, and representatives in the performance of this Agreement. d. Commingling of Gas. Gas transported on behalf of Brownton may be commingled with other gas supplies in Hutchinson's system. e. Impact on Bonds. The Parties acknowledge and agree that Hutchinson has financed the pipeline used to provide services under this Agreement with the proceeds of bonds, the interest on which is excluded from the gross income of the owners thereof for income tax purposes ("Tax -Exempt Bonds"). The Parties covenant and agree that each Party will not take any action, or fail to take any action, or permit any action to be taken on its behalf or cause or permit any circumstances within its control to arise or continue, unless specifically so ordered by a governmental authority with jurisdiction over the Parry, if any such action or inaction would adversely affect the status of the Tax -Exempt Bonds or otherwise violate the Tax Code and the U.S. Treasury Regulations thereunder. 7. Curtailment and interruption. a. Generally. Service under this Agreement may be curtailed or interrupted as necessary due to physical, operational, or other similar constraints on Hutchinson's system, as determined by Hutchinson in its sole discretion. If Hutchinson is required to curtail or interrupt service due to capacity constraints, Force Majeure, system integrity, or other conditions, any interruptible services provided to other entities by Hutchinson shall be curtailed completely before Firm services are curtailed, and firm transportation services under this Agreement shall be curtailed on a pro rata basis with Hutchinson's other firm sales and/or transportation services. b. Notice. Hutchinson shall provide notice of any interruption or curtailment to Brownton by any means practicable, including, but not limited to, telephone or facsimile, and shall confirm the details in writing within a reasonable amount of time thereafter. Hutchinson shall keep Brownton apprised of the time, date, and circumstances when services under this Agreement shall be restored. C. Penalty for Unauthorized Takes During Curtailment or Interruption. Provided that Hutchinson has complied with the terms of this Agreement with respect to curtailment or interruption, if Brownton fails to curtail or interrupt its takes when directed to do so by Hutchinson: (i) Brownton shall be billed for all volumes taken in excess of the applicable limitation at a rate equal to the Daily Chicago Index plus $10.00 per Dth; and (ii) Hutchinson shall have the right to disconnect Brownton's supply of gas. Hutchinson must restore service as soon as practicable following any such disconnection. 8. Title, Loss of Gas, Insurance, and Limitations of Damages. a. Title and Risk of Loss of Gas. Title to and risk of loss of gas received or transported by Hutchinson on behalf of Brownton for delivery to Brownton shall pass between the Parties as provided in the Natural Gas Commodity Agreement. b. Insurance. Brownton shall be responsible for maintaining sufficient insurance as necessary to protect its property and other interests in the gas prior to, during, and after its receipt by Hutchinson. Hutchinson shall be responsible for maintaining sufficient insurance as necessary to protect its property and other interests in providing transportation service under this Agreement to Brownton. C. Limitation of Damages. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is herein provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor's liability shall be limited as set forth in such provision, and all other remedies or damages at law or in equity are waived, unless such breach is the result of gross negligence or willful misconduct. Without regard to the cause or causes related thereto, neither Parry shall be liable for consequential, incidental, punitive, exemplary, or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision or otherwise, unless such breach is the result of gross negligence or willful misconduct. 9. Force Maieure. Except with regard to a Party's obligation to make payment(s) hereunder, neither Party shall be liable to the other for failure to perform an obligation, to the extent such failure was caused by Force Majeure. Each Parry shall make commercially reasonable efforts to avoid the adverse impacts of Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. a. Definition "Force Majeure" shall mean acts and events not within the reasonable control of the Party claiming Force Majeure, or, in the case of third parry obligations or facilities related to the performance of a Parry hereunder, the third -parry claiming Force Majeure. Force Majeure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, material, equipment, or labor shortages, wars, riots, insurrections, acts of terrorism, sabotage, epidemics, landslides, lightning, earthquakes, floods, hurricanes, fires, storms, washouts, government or court orders, civil disturbances, explosions, breakage or accident or repair to machinery or pipelines, freezing of wells or pipelines, or any other cause of whatever kind, whether specifically enumerated herein or not, that is not within the control of the party claiming Force Majeure. b. Effect. 1. If Hutchinson is unable to provide service under this Agreement due to Force Majeure, Hutchinson's obligation to provide service under this Agreement shall be suspended for the duration of the Force Majeure. Hutchinson shall notify Brownton of the Force Majeure as soon as reasonably possible by any means practicable, including, but not limited to, telephone or facsimile, and shall confirm the details of the Force Majeure in writing within a reasonable amount of time thereafter. Hutchinson shall work to remedy the Force Majeure as soon as reasonably possible and shall keep Brownton apprised of the time, date, and circumstances when service under this Agreement shall be restored. Brownton is not required to pay any charges under this Agreement during the term of Hutchinson's declared Force Majeure. 2. If Brownton is unable to take service under this Agreement due to Force Majeure, Hutchinson's obligation to provide service under this Agreement shall be suspended for the duration of the Force Majeure. Brownton shall notify Hutchinson of the Force Majeure as soon as reasonably possible by any means practicable, including, but not limited to, telephone or facsimile, and shall confirm the details of the Force Majeure in writing within a reasonable amount of time thereafter. Brownton shall work to remedy the Force Majeure as soon as reasonably possible and shall keep Hutchinson apprised of the time, date, and circumstances when Brownton will resume service under this Agreement. Hutchinson is not required to provide service under this Agreement during the term of the Force Majeure. C. Limitations on Force Majeure. Neither Party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary firm transportation unless primary, in -path, firm transportation is also curtailed; (ii) the Party claiming Force Majeure failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship of either Parry. Notwithstanding any other provision of this Agreement, the Party claiming Force Majeure shall not be excused from its responsibility for imbalance charges. 10. Notices. a. Addresses. All invoices, payments and other communications made pursuant to this Agreement shall be made to the addresses specified in writing by the respective Parties from time to time. b. Acceptable Forms. All notices required hereunder may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail, or hand delivered. C. Delivery Date. In the absence of proof of the actual receipt date for such notices, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is not a business day or is after 5:00 p.m. Central Clock Time on a business day, then such facsimile shall be deemed to have been received on the next following business day. Notice by overnight mail or courier shall be deemed to have been received on the next business day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five business days after mailing. It. Laws, Regulations, and Orders. a. Service under this Agreement is subject to all present and future valid laws, orders, rules, and regulations, issued by any federal, state, or local authority having jurisdiction over the matters set forth herein. b. It is understood by Brownton that it is economically feasible to enter into this Agreement solely because Hutchinson is a self -regulated municipal utility. If at any time any of the activities covered under this agreement become subject to regulation by the Public Utilities Commission of the State of Minnesota or any other state or federal agency that do not currently control the activities of Hutchinson under this Agreement, Hutchinson shall have the option, at its sole discretion, to pass all costs incurred due to Hutchinson's regulation, to Brownton for the length of this Agreement. 12. Alternative Dispute Resolution. Whenever the Parties disagree on the interpretation or enforcement of this Agreement, or upon calculations or payments, then upon written request of either Party, representatives with settlement authority for each Party shall meet in person and confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute, they shall submit their dispute to mediation pursuant to the Minnesota Civil Mediation Act. If the dispute is not resolved by mediation, the Parties may invoke their legal remedies available at law. 13. Miscellaneous Provisions. a. Declaration of Invalidity. If any provision of this Agreement is determined to be invalid, void, or unenforceable by any court or other entity having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Agreement; and the Parties agree to negotiate in good faith a replacement to such invalid, void or unenforceable provision and/or any other amendments as may be necessary to ensure that the Agreement as a whole reflects the original intentions of the Parties. b. No Continuing Waiver. No waiver of any breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the Party against whom such waiver is claimed. No waiver of any breach shall be deemed a waiver of any other subsequent breach. C. Relationship of the Parties. The Parties shall not be deemed in a relationship of partners or j oint ventures by virtue of this Agreement, nor shall either Party be an agent, representative, trustee or fiduciary of the other. Neither Party shall have any authority to bind the other to any agreement. This Agreement is intended to secure and provide for the services of each Party as an independent contractor. d. Complete Agreement. This Agreement sets forth all understandings between the Parties as to the subject matter of this Agreement as of the effective date herein. Any prior contracts, understandings and representations, whether oral or written, relating to the matters addressed in this Agreement are merged into and superseded by this Agreement. This Agreement may be amended only by a writing executed by both Parties. e. Other Documents. This Agreement, the Commodity Agreement, and the Operating Agreement, shall be construed to give effect to all provisions of the documents to the maximum extent possible. In the event of a direct and irreconcilable conflict between the documents, they must be construed in the following order of priority: (1) this Agreement; (2) the Commodity Agreement; (3) the Operating Agreement. f. Governing Law. The interpretation and performance of this Agreement shall be governed by the laws of Minnesota, excluding, however, any conflict of laws rule that would apply the law of another jurisdiction. g. Data Practices Act. The Parties acknowledge that Hutchinson and Brownton are subject to Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the "Act"), including limiting public access to trade secret and other protected data. Each Parry agrees to defend, indemnify, and hold harmless the other Parry, its officials, officers, agents, employees, contractors, and subcontractors from any claims resulting from unlawful disclosure and/or use of such protected data. Brownton agrees to promptly notify Hutchinson if Brownton receives a request to access the terms of this Agreement, and to cooperate with Hutchinson if Hutchinson seeks a protective order, at Hutchinson's expense. Brownton agrees to promptly notify Hutchinson if Brownton becomes aware of any potential claim, or facts giving rise to potential claims, under the Act. The terms of this section shall survive the termination of this Agreement. h. Authority to Enter Agreement. Each Party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement. Each person who executes this Agreement on behalf of either Party represents and warrants that the person has full and complete authority to do so and that such Party will be bound thereby. i. No Third Part Beneficiar . There is no third party beneficiary to this Agreement. j . Counterparts. This Agreement may be executed and acknowledged in multiple counterparts, each of which shall be an original and all of which shall be and constitute one and the same instrument. WHEREFORE, the Parties have executed this Agreement in two (2) duplicate originals by their duly authorized, respective officers as of the date specified above. HUTCHINSON UTILITIES COMMISSION wo Name: Title: Commission President Date: _ Witness: Date: CITY OF O , NTON Name; /] Title: Date; Witness: { �` f• , Date: `f a NATURAL GAS FIRM TRANSPORTATION CAPACITY AGREEMENT BETWEEN HUTCHINSON UTILITIES COMMISSION AND CITY OF BROWNTON Attachment "A" Delivery Points Brownton may receive gas from Hutchinson at the following Delivery Points: Station name County City State HUC/UNG Interconnect McLeod Brownton Minnesota Brownton may receive gas from UNG at the following Delivery Points: Station name County City State UNG/Brownton Interconnect McLeod Brownton Minnesota HUTCHINSON UTILITIES COMMISSION Board Action Form '�XA61Tl�`' Agenda Item: Approve Brownton Operating Agreement Presenter: Jeremy Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Hutchinson Utilities Commission entered into an original O & M agreement with the City of Brownton to maintain their distribution system that commenced on August 1, 2013. This agreement was for an original period of 5 years with an automatic annual renewal unless terminated. As part of reviewing and keeping HUCs contracts current staff is recommending the board approve a revised 5 year agreement with the City of Brownton to continue to support operating and maintaining their system. Below are the amended changes: Contract date: November 1 st, 2024 - November 1 st, 2029 (5 Year Agreement) Monthly Routine Charge: Increases from $2,250/month to $2,500/month Hourly Operator Labor Rate: Increases from $60/hr to $63/hr Non -Routine Work: Increases the margin applied to costs from 10% margin to 15% margin. The current agreement is reflected in the 2024 budget. The revised increases will be factored into the 2025 operating budget within the Natural Gas Division. BOARD ACTION REQUESTED: Approve Operating Agreement with the City of Brownton Fiscal Impact: $30K/Annually ($3K Inc.) Included in current budget: Yes Budget Change: PROJECT SECTION: Total Project Cost: Remaining Cost: HUTCHINSON UTILITIES COMMISSION OPERATING AGREEMENT NATURAL GAS DISTRIBUTION FACILITIES City of Brownton This document sets forth the terms and conditions of service for operation and maintenance of the natural gas distribution facilities provided to the City of Brownton by Hutchinson Utilities Commission. DISTRIBUTION FACILITIES OPERATING AGREEMENT THIS DISTRIBUTION FACILITIES OPERATING AGREEMENT ("Agreement") is made and entered into on this day of October, 2024, by and between the City of Brownton ("Owner") with offices located at 335 3rd Street South, P.O. Box 238, Brownton, Minnesota, 55312 and Hutchinson Utilities Commission ("Operator") a Minnesota municipal utility located at 225 Michigan St. SE, Hutchinson, Minnesota, 55350. Owner and Operator shall hereinafter sometimes be referred to separately as "Party" or jointly as "Parties." WITNESSETH: WHEREAS, Owner has constructed the Facilities (as hereinafter defined); WHEREAS, Owner, on the one hand and United Natural Gas LLC, on the other hand ("UNG"), have established an interconnection between their pipeline facilities and to contract for UNG to provide long-term firm transportation capacity to Owner over UNG's natural gas pipeline facilities, which shall run from natural gas pipeline owned by Operator to Owner's Facilities; WHEREAS, pursuant to the above, Owner and UNG are entering into that certain Interconnect and Natural Gas Firm Transportation Capacity Agreement of even date herewith, which Operator acknowledges; WHEREAS, Owner is contracting with Operator to provide long-term firm transportation capacity to Owner over Operator's natural gas pipeline facilities to the point of interconnection between the facilities of Operator and the facilities of UNG, pursuant to that certain Natural Gas Firm Transportation Capacity Agreement of even date herewith; WHEREAS, Owner has contracted with Operator to purchase a long-term supply of natural gas, pursuant to that certain Natural Gas Commodity Agreement of even date herewith; and WHEREAS, Owner desires to retain Operator to operate the Facilities on behalf of Owner, and Operator is willing to provide said services on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises, mutual covenants, conditions and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON 1 ARTICLE L• DEFINED TERMS Section 1.1 Definitions. The defined terms used in this Agreement shall, unless the context otherwise requires, have the meanings specified in this Article I. "Agreement" means this Natural Gas Distribution Facilities Operating Agreement, as the same may from time to time be amended with written consent of Owner and Operator. "Business Day" means any day except Saturday, Sunday or Federal Reserve Bank Holidays. "Commencement Date" shall mean "Nine a.m. Central Clock Time" on November 1, 2024. "Emergency" means any suspected or actual abnormal condition that has already caused, or represents an imminent threat to cause, Facility failure or damage, danger to or loss of life, pollution, or any hazardous condition. "Facility" or "Facilities" means the natural gas distribution system belonging to Owner, including all apparatuses thereto, commencing at the UFC/Brownton Interconnect, as defined in the Interconnect and Natural Gas Firm Transportation Capacity Agreement, and extending to the ends of the Owner's distribution system, as further described and depicted in Exhibit B. "Gas" shall mean natural gas, manufactured, artificial or synthetic gas, or any mixture or combination thereof. "Gas Day" shall mean a period beginning and ending at 9:00 a.m., Central Clock Time. The reference date for any day shall be the date of the beginning of such day. "Governmental Authority" means (i) the United States of America, (ii) any state, county, parish, municipality or other governmental subdivision within the United States of America, and (iii) any court or tribunal or any governmental department, commission, board, bureau, agency or other instrumentality of the United States of America or of any OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES 2 CITY OF BR -ON state, county, parish, municipality or other governmental subdivision with the United States of America. "Law" means any applicable statute, law, ordinance, regulation, rule, ruling, order, decree, writ, injunction, judgment or other official act of or by any Governmental Authority. "Monthly Operating Fee" means the fee for Operator performing operations of the Facilities and Routine Work. "Operations" means all work or services required to be furnished or performed by Operator pursuant to this Agreement. "Operator" means Hutchinson Utilities Commission and its permitted successors and assigns hereunder. "Owner" means City of Brownton and its permitted successors and assigns hereunder. "Permits" means all licenses, permits, certificates, orders, approvals and authorizations of any Governmental Authority necessary for or obtained in connection with operation of the Facilities or performance of the Operations. "Person" means any individual, firm, corporation, partnership, joint venture, association, trust or other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. "Routine World" includes day-to-day operations, maintenance, testing and repair included in the Monthly Operating Fee and more particularly defined in Exhibit C of this Agreement. "Non -Routine World" includes work not included in the Monthly Operating Fee, but shall be provided on an as -needed basis. Said services and fees are set forth in Exhibit D. "Year" or "year" means a period of 12 consecutive months commencing with January 1 and ending on the following December 31. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON Section 1.2 References. Gender. Number. Unless the context requires otherwise, all references in this Agreement to an "Article," "Section" or "Subsection" shall be to an Article, Section or Subsection of this Agreement, and the words "this Agreement," "hereof," "hereunder," "herein," "hereby," or words of similar import shall refer to this Agreement as a whole and not to a particular Article, Section, subsection, clause or other subdivision hereof. Whenever the context requires, the words used herein shall include the masculine, feminine and neuter gender, and the singular and the plural. ARTICLE IL• RESPONSIBILITIES OF OPERATOR Section 2.1 General Responsibilities. (a) General. Operator is hereby appointed to perform the Operations according to prudent practices generally followed by the gas pipeline industry under similar circumstances. To the extent necessary to carry out its duties hereunder, Operator certifies that it is qualified under the Operator Qualification Program as required by the federal Department of Transportation and the Minnesota Office of Pipeline Safety. Operator shall provide Owner with the services required for the operation, testing, maintenance and repair of the Facilities as more fully described below and on Exhibit C and D. Owner and Operator shall have unrestricted access to the Facilities. It is expressly understood and agreed that in the performance of its obligations under this Agreement, Operator is and shall at all times be an independent contractor. Operator, as an independent contractor, shall be solely responsible for its employees and equipment. Owner acknowledges that the Operations are dependent upon Owner providing Operator access to the Facilities. (b) Routine Work. On and after the Commencement Date, Operator shall perform or cause to be performed all Routine Work for the Facilities, including but not limited to, operation, repair, improvement, maintenance, alteration, inspection, testing, protection and other operations and activities with respect to the Facilities as are reasonably necessary to maintain the OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BR -ON Facilities in a "first-class operating condition" in accordance with the federal safety and maintenance standards promulgated under 49 CFR Part 192 and the regulations of the Minnesota Office of Pipeline Safety. The Routine Work is described in greater detail in Exhibit C. (c) Non -Routine Work. Operator will perform all Non -Routine Work as to the Facilities, in accordance with this Section. Operator will recommend Non -Routine Work as described in Exhibit D attached hereto when, in Operator's opinion, the condition of the Facilities might impair reliability, or when it is otherwise deemed necessary or preferable, consistent with prudent practices generally followed by the gas pipeline industry under similar circumstances ("Recommended Non -Routine Work"). Operator will notify and provide recommendations to Owner as soon as practical after identifying the need for Recommended Non -Routine Work. Owner will review and act on Operator's Recommended Non -Routine Work as soon as practical after notification. Owner will not unreasonably withhold or delay its approval of any reasonable Operator Recommended Non -Routine Work concerning a condition affecting the Facilities that might impair the reliability or safety of the Facilities. In the event that Owner fails to approve Operator Recommended Non -Routine Work, then Operator shall bear no responsibility or liability whatsoever for any claims, losses, costs, expenses, demands, fines, personal injury, or property damage arising from or related to the Facilities connected with such Recommended Non -Routine Work. (d) Emergency Work. Operator will perform all Emergency maintenance and repair of the Facilities consistent with prudent practices generally followed by the gas pipeline industry under similar circumstances. Operator will notify Owner of any Emergency condition affecting the Facilities promptly after Operator learns of such condition and will consult with Owner, as far as practical, concerning the actions that are necessary. If Owner fails to respond or if Operator is otherwise unable to consult with Owner, the Operator shall take those actions OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON 5 that Operator believes are necessary consistent with prudent utility practices and will contact Owner as soon as possible after the fact. (e) Scheduling. To the extent reasonably possible, the performance of repair or maintenance that affects the operations of the Facilities shall be scheduled to be performed only at times acceptable to Owner. Except for Emergency or unplanned work, in the event it is necessary to either interrupt or curtail the gas supply or to otherwise impose abnormal operating conditions on the Facilities, Owner shall be notified in advance and an agreement must be reached as to the time scheduled for such work. (f) Work by Others. If any part of the Operations is dependent upon the quality and completeness of work performed under another contract unrelated to Operator, Operator shall not be responsible if the work performed under the other contract is defective or unsuitable and such condition affects the timing, scheduling or quality of the Operations performed by Operator hereunder. Section 2.2 Personnel. Operator may employ or, contract for, the services of and be responsible for the supervision of Persons (including consultants and professional, service or other organizations) reasonably required by Operator to perform the Operations in an efficient and prudent manner. The number of Persons used by Operator in conducting the Operations, their hours of work and their compensation for services performed shall be determined by Operator. All employees and other personnel provided by Operator pursuant to this Agreement shall be the employees or independent contractors of Operator and in no event shall such employees or other personnel be deemed employees or contractors of Owner. On or before the Commencement Date, Operator shall designate to Owner in writing a representative who shall be authorized to act on behalf of Operator as to the Operations and with whom Owner may consult at all reasonable times. Operator may change its representative by written notice to Owner. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON Section 2.3 Operator Warranties. Operator warrants and represents to Owner as follows: Operator shall perform the Operations, and shall require all contractors, subcontractors and materialmen furnishing labor, material or services for the Operations to perform their services and carry out their responsibilities, in a diligent, safe and efficient manner in accordance with good workmanlike and prudent practices generally followed by the gas pipeline industry under similar circumstances, but such practices shall not be less than as may be specifically required by this Agreement. In carrying out such responsibilities, Operator shall comply, and shall use its reasonable efforts to require all contractors, subcontractors and materialmen to comply, with all Laws of Governmental Authorities having jurisdiction. All policies and procedures to be developed by Operator hereunder shall be available to Owner for its review at Operator's office during normal business hours. THESE WARRANTIES ARE EXCLUSIVE AND GIVEN IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE). Section 2.4 Owner Warranties. Owner warrants and represents to Operator that the information it supplies to Operator upon which the Operations may be based is true and correct to the best of Owner's knowledge. Section 2.5 Monthly Operating Fee for Routine Work. With respect to each calendar month from and after the Commencement Date, Owner shall pay to Operator an initial Monthly Operating Fee of $2,500.00 for performing Routine Work. The Parties shall review the Monthly Operating Fee on an annual basis, starting on November 1, 2025 and on each November 1 thereafter, and reserve the right to modify the fees upon mutual agreement. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BR -ON Section 2.6 Combensation for Non -Routine Work. Except for any non -routine expenditure that results from Operator's breach of this Agreement, negligence, or willful misconduct, Owner shall bear the cost of any direct out-of-pocket expenditure reasonably incurred by Operator for Non -Routine Work performed in connection with the Facilities, including labor and materials, plus Operator's overhead of 15 percent (15%) of such costs. Any Non -Routine Work that is in excess of $500.00 per event and that is not the result of an Emergency, will be reviewed and approved by the Owner in advance, subject to Section 2.1(c). "Non -Routine Work" is defined in more detail in Exhibit D attached hereto. Section 2.7 Payment. On or before the fifteenth (15th) day of each calendar month, Operator shall render an invoice to Owner indicating all fees payable under this Agreement for the preceding calendar month. Payment is due from Owner on or before the fifteenth day following the date the bill is issued by Operator. A late payment charge of one and one-half percent per month, or the legally authorized maximum interest rate, whichever is lower, shall be levied on any unpaid balances. Section 2.8 Owner Duties. Owner shall fully cooperate with Operator in performing Operations. Owner hereby grants Operator the non-exclusive right to access and use the Facilities, for purposes of and subject to the terms of this Agreement. ARTICLE III: TRANSFERS OF RESPONSIBILITIES OF OPERATOR Transfer of Responsibilities. (a) Upon the expiration of this Agreement or the removal of Operator under Section 7.2, the Operator shall assign, transfer and deliver to the Person selected by Owner to succeed Operator (or to such other Persons as Owner shall direct) (1) possession and control of the Facilities and all Operations and (2) to the extent requested by Owner, all contracts, warranties, operating and maintenance manuals, designs, drawings, operational plans, OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON proprietary information and operational rights obtained or entered into by Operator exclusively with respect to the Facilities or exclusively in connection with the Operations, in each case without giving rise to any penalty, charge, restriction, lien, security interest, encumbrance, cancellation, termination, acceleration or change in terms not previously approved by Owner. Operator shall fully cooperate with Owner in transfer of Operations hereunder to Owner or a successor operator designated by Owner. Upon termination, Operator shall return to Owner all original records and any materials purchased by Operator and paid for by Owner, such as pretested pipe, valves and other miscellaneous materials and supplies. (b) As soon as practicable after the date on which the Operator is required to transfer its responsibilities as provided in Article III (a), Owner may conduct an audit and inventory of the Facilities and all of Owner's assets and properties operated, managed or controlled by Operator. Such audits and inventory shall be used in the return of and the accounting for the Facilities and Owner's properties and assets by Operator for the purposes of the transfer of responsibilities under Article III. All costs and expenses incurred in connection with such audits and inventory shall be borne by Owner. ARTICLE IV: INSURANCE Section 4.1 Owner's Insurance. Owner shall procure and maintain in full force and effect, at the Owner's cost, all risk property insurance in an amount equal to the full insurable value of the Facilities. Section 4.2 Operator's Insurance. Operator shall procure and maintain in full force and effect at the Operator's cost, the following insurance coverage: (a) Worker's Compensation and Employer's Liability insurance in accordance with the laws of Minnesota with limits for Employer's Liability of $1,500,000 per accident or disease, aggregate as disease. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BR -ON E (b) Business automobile liability insurance covering owned, non -owned and hired vehicles with minimum combined single limits for bodily injury and property damage for any single loss of $1,500,000. (c) Commercial general liability insurance with completed operations coverage for claims alleging bodily injury including death and damage to property of others, with a combined single limit of $1,500,000 for bodily injury and property damage per occurrence and $2,000,000 in the aggregate. (d) Excess liability insurance for claims alleging bodily injury including death and damage to property with a combined single limit of $5,000,000 for bodily injury and property damage per occurrence and in the aggregate. Section 4.3 Other Insurance Requirements. Each Parry shall be listed as an additional insured with respect to the insurance coverage required under this Article IV. All insurance policies shall be endorsed to provide that all insureds and additional insureds hereunder be given thirty (30) days' advance notice of cancellation or material change. Within thirty (30) days of the date of this Agreement, each Parry shall furnish to the other Parry certificates as evidence showing that the insurance policies to be carried in accordance with this provision have been obtained. Section 4.4 Maximum Liabili Operator's maximum liability is limited to a combined single limit of $1,500,000 by Minnesota Statute. ARTICLE V: FORCE MAJEURE Section 5.1 Performance Excused. If any Party is rendered unable, wholly or in part, by force majeure to carry out its obligations under this Agreement, other than the obligation to make money payments or to furnish security, that party shall give to all other parties prompt written notice of the force majeure with reasonably full particulars concerning it; and thereupon, the obligations of the parry giving notice, so far as they are affected by the force majeure, shall be suspended during, but no longer than, the OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BR -ON 10 continuance of the force majeure. The party claiming force majeure shall notify the other parties of the force majeure situation within a reasonable time after the occurrence of the facts relied on and shall keep all parties informed of all significant developments. Such notice shall give reasonably full particulars of said force majeure, and also estimate the period of time, which said parry will probably require to remedy the force majeure. Force Majeure does not relieve the operator of the contractual responsibilities to operate the Facilities; provided that, the Facilities can be operated utilizing reasonable and safe methods. The affected parry shall use all reasonable diligence to remove the force majeure situation as quickly as practicable in an economic manner. The requirement that any force majeure shall be remedied with all reasonable dispatch, shall not require the settlement of strikes, lockouts or other labor difficulty by the party involved, contrary to its wishes; how all such difficulties shall be handled shall be entirely within the discretion of the party concerned. Section 5.2 Force Majeure Defined. The term "force majeure", as here employed, shall mean an act of God, strike, lockout or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm, flood, earthquake, explosion, governmental action, governmental delay, restraint or inaction, unavailability of equipment and any other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably with the control of the parry claiming suspension. ARTICLE VI: ASSIGNMENT Section 6.1 Assignment by Owner. Owner may not assign all or any part of its rights or obligations under this Agreement without prior written consent of Operator. Section 6.2 Assignment by Operator. Operator may not assign all or any part of its rights or obligations under this Agreement without the prior written consent of Owner. Such approvals shall not be unreasonably delayed, withheld or conditioned. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON 11 ARTICLE VIL• TERM Section 7.1 Term. This Agreement shall become effective on the Commencement Date and shall continue in force and effect until "Nine a.m. Central Clock Time" on November 1, 2029. (a) Owner shall notify Operator in writing ninety (90) days prior to the expiration date of this Agreement as to Owner's desire for Operator to continue operations of the Facility. Operator shall respond in writing to Owner within thirty (30) days of receipt of Owner's notice and on or before sixty (60) days prior to the expiration of this Agreement regarding the Operator's desire to continue as Operator. Section 7.2 Default and Termination. Upon failure by either Party in the performance of any provision, condition or requirement herein, the other Party may give notice in writing to the defaulting party specifying the default. Unless such default is cured within thirty (30) days following receipt of such notice to the defaulting Party, or if such default is susceptible of being cured and such cure cannot be completed with such thirty (30) days period, then if the cure thereof is not undertaken promptly upon receipt of such notice and diligently prosecuted thereafter, this Agreement may be terminated within sixty (60) days of the date of the notice claiming default was written at the option of the Parry serving such notice of default. Section 7.3 Effect of Termination. Termination of this Agreement shall not relieve either Party from any obligation including payments due for Operations as provided in this Agreement, accruing to the date of such termination or relieve any Parry of any liability for its breach of this Agreement. Article III shall survive any termination of this Agreement. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BROWNFON 12 ARTICLE VIII: MISCELLANEOUS Section 8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to the choice or conflict of law, rules or principals thereof which would refer the matter to the laws of another jurisdiction. Each Parry shall abide by the Laws of any Governmental Authorities with jurisdiction over the matters of this Agreement, as may be amended from time to time. Section 8.2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement between the Parties with respect to the subject matter hereof and there are no agreements, understanding, representations or warranties between the parties other than those set forth or referred to herein. Section 8.3 Notices. Except as otherwise specifically provided, all notices authorized or required between the Parties by any of the provisions of this Agreement, shall be in writing, in English and delivered in person or by registered mail or by courier service or by any electronic means of transmitting written communications that provides confirmation of complete transmission, and addressed to such Parties as designated below. The originating notice given under any provision of this Agreement shall be deemed delivered only when received by the Parry to whom such notice is directed, and the time for such Parry to deliver any notice in response to such originating notice shall run from the date the originating notice is received. The second or any response notice shall be deemed delivered when received. "Received", for purposes of this Section with respect to written notice delivered pursuant to this Agreement, shall be actual delivery of the notice to the address of the Parry to be notified, specified in accordance with this Section. Each Parry shall have the right to change its address at any time and/or designate that copies of all such notices be directed to another Person at another address, by giving written notice thereof to all other Parties. OPERATINGAGREEMENT J NATURAL GAS DIST. FACILITIES 1 CITY OF BROWNFON City of Brownton 335 3rd Street South P.O. Box 238 Brownton, MN 55312 Attention: City Clerk E-Mail: cityclerk@cityofbrownton.com Telephone No.: 320-328-5318 Hutchinson Utilities Commission 225 Michigan St. SE Hutchinson, Minnesota 55350 Attention: Jeremy Carter E-Mail: jcarter@hutchinsommn.gov Fax No.: 320-587-4721 Section 8.4 Successors and Assigns. Subject to the restrictions and requirements on assignment and transfer contained in this Agreement, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Section 8.5 Headings. The headings to Articles, Sections and other subdivision of this Agreement are inserted for convenience of reference only and will not affect the meaning or interpretation of this Agreement. Section 8.6 Amendments and Waivers. This Agreement may not be modified or amended except by an instrument or instruments in writing, signed by all Parties. Any Party may, only by an instrument in writing, waive compliance by another Party hereto with any term or provision of this Agreement on the part of such other Party hereto to be performed or complied with. The waiver by any Party of a breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach. OPERATINGAGREEMENT J NATURAL GAS DIST. FACILITIES 14 CITY OF BROWNFON Section 8.7 Schedules and Exhibit. All Schedules and Exhibits to this Agreement are hereby incorporated by reference. Section 8.8 Agreement for the Parties' Benefit Only. This Agreement is not intended to confer upon any Person not a party hereto or a permitted successor or assign of a Party any rights or remedies hereunder, and no Person, other than the Parties or a permitted successor or assign thereof, is entitled to rely on any covenant or agreement contained herein. Section 8.9 Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any adverse manner to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible. Section 8.10 Independent Contractor, No Partnership. Operator shall perform its duties and obligations hereunder as an independent contractor, and nothing contained herein shall be deemed to create a relationship of employer/employee, master/servant, agency, partnership or j oint venture. This Agreement is not intended to create, and shall not be construed to create, a relationship of partnership or an association for profit between Operator and Owner. Section 8.11 Data Practices Act. The Parties acknowledge that Hutchinson and Brownton are subject to Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the "Act"), including limiting public access OPERATINGAGREEMENT J NATURAL GAS DIST. FACILITIES 1 CITY OF BROWNFON to trade secret and other protected data. Each Party agrees to defend, indemnify, and hold harmless the other Party, its officials, officers, agents, employees, contractors, and subcontractors from any claims resulting from unlawful disclosure and/or use of such protected data. Brownton agrees to promptly notify Hutchinson if Brownton receives a request to access the terms of this Agreement, and to cooperate with Hutchinson if Hutchinson seeks a protective order, at Hutchinson's expense. Brownton agrees to promptly notify Hutchinson if Brownton becomes aware of any potential claim, or facts giving rise to potential claims, under the Act. The terms of this section shall survive the termination of this Agreement. Section 8.12 News Releases. News releases concerning the Operations or the Facilities shall only be made in accordance with the following guidelines, subject to the requirements of applicable laws and governmental rules and regulations: No public announcement or statement shall be issued by Operator unless prior to its release Owner has been furnished with a copy of such statement or announcement and the reasonable approval of the Owner has been obtained. Where a public announcement or statement becomes necessary or desirable because of an Emergency as a result of activities arising under this Agreement, Operator is authorized to issue and make such announcements or statements without prior reasonable approval of the Owner, but shall promptly furnish Owner with a copy of the announcement or statement. Section 8.13 Authority to Enter Agreement. Each party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement. Each person who executes this Agreement on behalf of either party represents and warrants that it has full and complete authority to do so and that such parry will be bound thereby. Section 8.14 Alternative Dispute Resolution. Whenever the Parties disagree on the interpretation or enforcement of this Agreement, or upon calculations or payments, then upon written request of either Party, representatives with settlement OPERATINGAGREEMENT J NATURAL GAS DIST. FACILITIES 1 CITY OF BROWNFON authority for each Party shall meet in person and confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute, they shall submit their dispute to mediation pursuant to the Minnesota Civil Mediation Act. If the dispute is not resolved by mediation, the Parties may invoke their legal remedies available at law. Section 8.15 Other Documents. This Agreement, the Firm Transportation Capacity Agreement, and the Commodity Agreement between the Parties, shall be construed to give effect to all provisions of the documents to the maximum extent possible. In the event of a direct and irreconcilable conflict between the documents, they must be construed in the following order of priority: (1) the Firm Transportation Capacity Agreement; (2) the Commodity Agreement; (3) this Agreement. Section 8.16 Counterparts. This Agreement may be executed in counterparts, and each executed counterpart shall have the same force and effect as an original instrument. ARTICLE IX: LIABILITY; INDEMNITY Section 9.1 Indemnification by Owner. Owner shall defend, protect, indemnify, and hold harmless Operator, and its members, directors, officers, employees and agents from and against all liability, claims, liens, costs, expenses, demands, fines or other actions imposed by any Governmental Agency with jurisdiction, suits and causes of action of every kind and character arising in favor of any third parry on account of personal injuries or death, or damages to property (including without limitation claims for pollution and environmental damage) in any way directly resulting from the negligent acts or omissions of the Owner, its agents, employees, representatives, or contractors, or from the failure of Owner, its agents, employees, representatives, or contractors to perform its obligations under this Agreement and in compliance with all applicable Laws. This indemnity includes Owner's agreement to pay all costs of defense, including without limitation attorneys' fees, incurred by any person or parry indemnified herein. OPERATING AGR EEMENT NATURAL GAS DIST. FACILITIES CITY OF BR -ON Owner acknowledges that utility equipment malfunction or failure may occur notwithstanding the inspection, maintenance, and repair work performed hereunder, and hereby indemnifies, releases, and holds Operator harmless from any claim or liability, and any direct or indirect damages claimed or actually suffered (including, without limitation, consequential damages and loss of profits), resulting from any utility equipment malfunction or failure occurring during the term of this Agreement, except such claims or liability directly resulting from the negligent acts or omissions of Operator. Section 9.2 Indemnification by Operator. Subject to Section 2.1 (c), Operator shall defend, protect, indemnify, and hold harmless Owner, and its members, directors, officers, employees and agents from and against all liability, claims, liens, costs, expenses, demands, fines or other actions imposed by any Governmental Agency with jurisdiction, suits and causes of action of every kind and character arising in favor of any third parry on account of personal injuries or death, or damages to property (including without limitation claims for pollution and environmental damage) in any way directly resulting from the negligent acts or omissions of Operator, its agents, employees, representatives, or contractors, or from the failure of Operator, its agents, employees, representatives, or contractors to perform its obligations under this Agreement and in compliance with all applicable Laws. This indemnity includes Operator's agreement to pay all costs of defense, including without limitation attorneys' fees, incurred by any person or party indemnified herein. Operator agrees that the obligations of indemnification herein include, but are not limited to, liens by third parties against Owner and its property because of labor, services, materials, or any other subject of lien, furnished to Operator or its assignees or subcontractors, in connection with any work performed by Operator hereunder. Section 9.3 No Consequential Damages Under no circumstances shall either Party hereto be liable to the other hereunder for indirect, special, consequential or similar damages, or for loss of profits. OPERATINGAGREEMENT J NATURAL GAS DIST. FACILITIES 1 l8 CITY OF BROWNFON WHEREFORE, the Parties have executed this Agreement in two (2) duplicate originals by their duly authorized, respective officers, effective as of the date specified above. HUTCHINSON UTILITIES COMMISSION Name: Title: Commission President Date: Witness: Title: Commission Secretat Date: Operating Agreement Natural Gas Pist Vadli ies City of Br_ntoi) lg CITY OF BROWNTON By: Name: /2-1 c",e � 'C Title: Date: Iv Gt /l-�cf� C� Witness: title: ,. Date:' EXHIBIT "A" This Exhibit "A" is attached to and made part of that certain Operating Agreement — Natural Gas Distribution Facilities (the "Agreement") by and between the City of Brownton ("Owner") and Hutchinson Utilities Commission ("Operator"). OPERATOR'S PAYMENT INSTRUCTIONS: For the purpose of this Agreement, Owner shall make all payments provided in the Agreement to Operator via Check to the following: Hutchinson Utilities Commission 225 Michigan St SE Hutchinson, Minnesota 55350 EXHIBIT `B" This Exhibit "B" is attached to and made part of that certain Operating Agreement — Natural Gas Distribution Facilities (the "Agreement") by and between the City of Brownton ("Owner") and Hutchinson Utilities Commission ("Operator"). Owner has constructed and owns the natural gas distribution system, including all appurtenances thereto, ("Facility" or "Facilities") serving the City of Brownton, Minnesota in the following drawing attached hereto and made a part hereof. Each interconnected third party natural gas pipeline shall operate their respective measurement station connecting to the Facilities. EXHIBIT "C" This Exhibit "C" is attached to and made part of that certain Operating Agreement — Natural Gas Distribution Facilities (the "Agreement") by and between the City of Brownton ("Owner") and Hutchinson Utilities Commission ("Operator"). ROUTINE WORK TOTAL PRICE: $ 2,500.00 per Month COMPLETE LIST OF ROUTINE ITEMS: A. Maintenance, Repair and Security 1. Perform all day-to-day operations and maintenance of the Facilities 2. Maintain, repair and test valves, including relief valve Perform continuing surveillance of the Facilities and provide valve security 4. Maintain, repair, and test regulator Maintain the cleanliness and environmental soundness of the Facilities 6. Make minor mechanical repair requiring no replacement of pipe, appurtenances, or mechanical parts 7. Perform preventative maintenance requiring no replacement of pipe, appurtenances, or mechanical parts 8. Respond to service calls, including emergencies, during HUC standard work hours (6:30 AM to 5:00 PM, Monday through Friday), except to the extent response to an emergency requires additional personnel that are not on duty during said emergency and/or additional outside contractors B. Legal and Regulatory Compliance 1. DOT regulatory agency reporting 2. Maintain DOT Distribution System records 3. Maintain Training & DOT Operator Qualification records 4. Maintain drug and alcohol compliance programs 5. Perform annual Class Location Study 6. Develop and maintain operating procedures, maintenance procedures, and training plans and procedures to be followed for Operations, and make such procedures and plans available for review by Owner in Operator's office during normal business hours 7. Maintain membership in Gopher State One -Call Program and any other applicable local one -call program 8. Provide line locating and one call response services, including documentation 9. Maintain Right -of -Way markers and signs 10. Perform all DOT mandated inspections at required frequency 11. Develop and maintain Emergency Response Plan, Operation & Maintenance Manual, Operator Qualification Plan, Public Awareness Program, Control Room Management Plan, and Distribution Integrity Management Program, including annual updates 12. Prepare all necessary reports related to field operations of the Facilities for applicable Governmental Authorities 13. Reporting to Owner any notices of violations of any Laws or Permit provisions 14. Develop any other plans, reports, and other documents as may be required by any Governmental Authority with jurisdiction over the Facilities 15. Otherwise maintain the Facilities' and Operations' ongoing compliance with all Laws and Permits C. Monitoring and Testing 1. Read Interconnect Station (as defined in the Interconnect and Natural Gas Firm Transportation Capacity Agreement) meter through HUC's SCADA meter reading system and provide data to Owner and United Farmers Cooperative. 2. Perform routine meter testing and calibration of the Interconnect Station meter 3. Provide cathodic protection monitoring, maintenance, documentation, and recordkeeping for the Facilities 4. Witness third parry meter calibrations at the request of data to Owner, United Farmers Cooperative, United Grain Systems, and/or United Natural Gas LLC 5. Perform routine field level monitoring of distribution system operations 6. Perform internal and external corrosion inspections 7. Perform monthly odorization monitoring 8. Perform atmospheric corrosion surveys 9. Perform routine pipeline patrols 10. Continuously monitor system pressures and flows in real-time 11. Test overpressure protection equipment 12. Perform distribution leakage surveys 13. Maintain proper documentation on all inspections, tests and calibrations D. Natural Gas Customer Services 1. Read customers' natural gas meters through HUC's Sensus AMI meter reading system and provide data to Owner 2. Perform routine customer meter testing and calibration Perform routine customer service turn-ons and turn-offs 4. Reconnect customers after shutoff for non-payment Perform routine valve inspections and testing 6. During standard HUC work hours, respond to service calls for suspected leaks, perform leak complaint investigations, and make minor mechanical repairs to the Facilities that require no replacement of pipe, appurtenances, or mechanical parts. Operator shall not repair any facilities owned by any third -parry other than Owner. E. Community Relations 1. Facilitate annual damage prevention training meeting for excavation contractors 2. Develop and implement community awareness programs, including, but not limited to, membership in Minnesota Community Awareness Emergency Response program Act as public liaison with appropriate emergency responders and public officials 4. Take other such measures as are reasonably necessary to cultivate and maintain good public relations with members of the Brownton community and persons whose pipelines are interconnected with the Facilities, and educate the public so as to increase awareness of the Facilities and the dangers associated therewith F. Other 1. Maintain in force and effect, and require all contractors (and their subcontractors) performing services for the benefit of Owner to maintain in force and effect, insurance of the types and in the amounts specified by Owner. 2. Undertake all reasonable efforts to keep the Facilities, all contracts relating to the Operations, and all property and rights of Owner free and clear of any and all liens, encumbrances, security interests, charges, claims and restrictions arising out of or on account of the Operations 3. Maintain 24-hour emergency telephone number 4. Procure and furnish all materials, equipment, services, supplies, labor and supervision necessary to carry out Operator's responsibilities under this Agreement. EXHIBIT "D" This Exhibit "D" is attached to and made part of that certain Operating Agreement — Natural Gas Distribution Facilities (the "Agreement") by and between the City of Brownton ("Owner") and Hutchinson Utilities Commission ("Operator"). NON -ROUTINE WORK EXAMPLE OF NON -ROUTINE ITEMS: Cost*Amount 1. Painting Cost+ 15% 2. Depth of Cover Surveys Cost+ 15% 3. Extension/Addition to Distribution System Cost+ 15% 4. Associated Line Blow Downs & Purging Cost+ 15% 5. Installation of New Service Lines Cost+ 15% 6. Retirement of Facilities Cost + 15% 7. Line Relocations Cost+ 15% 8. Engineering Studies (as required) Cost+ 15% 9. Replacement of cathodic protection facilities Cost+ 15% 10. SCADA parts Cost+ 15% 11. Measurement and distribution facilities parts Cost+ 15% 12. After -hours, holidays, weekends emergency response Cost+ 15% 13. After — hours, holidays, weekends emergency locating of natural gas facilities Cost+ 15% 14. Additional personnel as my be required during emergencies Cost+ 15% 15. Additional contractors as may be required during emergencies Cost+ 15% 16. Fees for Public Awareness Program Materials Cost+ 15% 17. Fees associated with Community Awareness Emergency Response Program Cost+ 15% EXHIBIT "D", continued 18. Any and all other items relevant to distribution facility operation and maintenance that are neither listed above or included in the attached Exhibit C. Cost+ 15% * "Expense", as referenced above, shall be the cost of materials, equipment and third parry labor to complete the applicable work or project. Operator shall invoice such cost plus 15%. In addition, thereto, Operator shall charge $63.00 per man-hour. All vehicles and equipment shall be charged by the amount reflected in the following table Equipment Rates per Hour AIR COMPRESSOR $42.00 TRENCHER $82.00 WELDER $52.00 BACKHOE $80.00 MOLE W/COMPRESSOR $52.00 MINI EXCAVATOR $70.00 VACTRON $70.00 VEHICLE $47.00 OPERATOR $63.00 1385872.1 HUTCHINSON UTILITIES COMMISSION Board Action Form '�XA61Tl�`' Agenda Item: Hutchinson Substation Control Enclosure Contract Presenter: Dan L. Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff and DGR Engineering are recommending to enter into an purchase agreement with Electrical Power Products for a control enclosure and relay panels to be installed at the Hutchinson Substation for a total contracted price of $1,550,035.00. Attachments: Bid Summary EP2 Contract Oct 2024 BOARD ACTION REQUESTED: Approve contract for Hutchinson Substation control enclosure and relay panels to Electrical Power Products for $1,550,035.00. Fiscal Impact: Included in current budget: Budget Change: PROJECT SECTION: Total Project Cost: Remaining Cost: a 0 a 0 0 � � A~ M A 0 y w o H 0 w a C N G-i QI W O Fi O � O O •� a M O � O 71 N W R � O M C O ^ T y � O 11.11111 W.\.10IFV 0 [CAI Furnishing a Control Panel and Control Panels - Hutchinson Substation Hutchinson Utilities Commission Hutchinson, Minnesota DGR Project No. 428507 Bid Letting: September 11, 2024 - 2:00 PM Electrical Power Products Bid Security: 10% Bid Bond Unit No. Name and Description of Construction Unit No. of L & M Ext. Price L & M Units CONTROL ENCLOSURE: A Control Enclosure & Related Equipment (as req'd) 1 $ 661,119.00 $ 661,119.00 B Battery charger and Battery rack system (as req'd) 1 34,442.00 34,442.00 C HVAC system (as req'd) 1 40,712.00 40,712.00 D Automatic Transfer Switch (as req'd) 1 17,492.00 17,492.00 E Outdoor disconnects and CT Cabinet (as req'd) 1 22,474.00 22,474.00 F P.E. Certifications and control enclosure drawings (as req'd) 1 2,600.00 2,600.00 CONTROL PANELS: 1 Communication Rack PO (as req'd) 1 2,008.00 2,008.00 2 Panel Pl (as req'd) 1 44,075.00 44,075.00 3 Panel P2 (as req'd) 1 34,618.00 34,618.00 4 Panel P3 (as req'd) 1 36,324.00 36,324.00 5 Panel P4 (as req'd) 1 34,203.00 34,203.00 6 Panel P5 (as req'd) 1 36,356.00 36,356.00 7 Panel P6 (as req'd) 1 49,644.00 49,644.00 8 Panel P7 (as req'd) 1 17,314.00 17,314.00 9 Panel P8 (as req'd) 1 48,644.00 48,644.00 10 Panel P9 (as req'd) 1 22,521.00 22,521.00 11 Panel P21 (as req'd) 1 21,162.00 21,162.00 12 Panel P22 (as req'd) 1 48,777.00 48,777.00 13 Panel P23 (as req'd) 1 29,984.00 29,984.00 14 Panel P24 (as req'd) 1 30,081.00 30,081.00 15 Panel P25 (as req'd) 1 33,690.00 33,690.00 16 Panel P26 (as req'd) 1 43,190.00 43,190.00 17 Panel P27 (as req'd) 1 36,267.00 36,267.00 18 Panel P28 (as req'd) 1 48,909.00 48,909.00 DELIVERY AND INSTALLATION: DI Delivery of Control Enclosure to Control Panel Manufacturing 1 32,032.00 32,032.00 Facility. D2 Delivery of Complete Control Enclosure and Control Panels to 1 14,900.00 14,900 00 Owner's site. D3 Unloading of Complete Control Enclosure and Control Panels on 1 106,497.00 106,497.00 the Owner's pad. D4 Complete installation of Control Enclosure and Control Panels on 1 the Owner's pad including anchoring. Total Base Bid: I $ 1,550,035.00 Corrected Bid Amounts Shown Shaded P:\04\285\07\Sprdsht\BidSumTab Ctrl Encl Pnl 428507.xlsx Page 1 of 1 Contract Documents Furnishing a Control Enclosure and Control Panels - Hutchinson Substation 00"- *%'.1011 = 11 8-�14111 &FI—Li7vt s Hutchinson Utilities Commission Hutchinson, Minnesota July 2024 DGR Project No. 428507 ATL reff I E, f *4 Tri TL r DATE: August 28, 2024 PROJECT: Furnishing a Control Enclosure and Control Panels — Hutchinson Substation Hutchinson Utilities Commission Hutchinson, Minnesota DGR Project No. 428507 BID DUE DATE: September 11, 2024 2:00 P.M. 225 Michigan St. SE, Hutchinson, MN 55350 ADDENDUM NO. 1 This ADDENDUM NO. 1 hereby revises the Contract Documents dated July 31, 2024. Revisions made herein shall become a binding part of the Contract Documents. Drawinas Drawings HUC-501A and HUC-521A are revised per the clouds and changes in the description. This ADDENDUM NO. 1 shall become a legal and binding part of the Contract Documents. All BIDDERS shall acknowledge receipt of this ADDENDUM NO. 1 on the BID FORM and agree to accept the revisions indicated and prepare proposals in accordance therewith. DGR ENGINEERING By / _ r w, Alexander M. Richter, P.E. Minnesota License No. 59098 DGR Engineering — 1302 South Union Street — P.O. Box 511 — Rock Rapids, IA 51246 phone: 712.472.2531 — fax: 712.472.2710 — dgr.com \0,::b\�285\07\f:)rc\spec\(iiLLiicI C CY"Ibl n1\1 VUl:cII!IISol I, I11N ui rI!SlI!IIg C LEI 1:::::1icI ,and Cb I n1 4�2850"7 Addendum # 1 docx 0 o LLI waa E aLU te= U)�3 o 3 3 0 U) Z? Z Z O v pz0 -N o oQ z 0 Ea W 0 U) LLw?3o Zpo s>aZ _ ____ - > im z a n mph a U �xs OOMO .j$ �9w Em Cr _66 Ssss sp�p o ® -_ - 0 S 9 S p 9 3 3 z g a OX E E o f - -o sssss - o a a H r gggg g zoo A o _ - � s ----- Qp LL LL cr a oo oo W �o co iono�aim x w m LF-I Z �o N°° mV o= o= o= o= o= g, oe oe oe oe H H LL W W iono0 2im b X 0 W mn Um � �rvl_ [0 0 PT Z o - a oo o LL U Q 0 O tx t w oe oe oe oe oe oe oe o? U) a a o �3 x W iono�dm zx R > C O O O� 00 O� 00 O DATE: September 4, 2024 PROJECT: Furnishing a Control Enclosure and Control Panels — Hutchinson Substation Hutchinson Utilities Commission Hutchinson, Minnesota DGR Project No. 428507 BID DUE DATE: September 11, 2024 2:00 P.M. 225 Michigan St. SE, Hutchinson, MN 55350 ADDENDUM NO. 2 This ADDENDUM NO. 2 hereby revises the Contract Documents dated July 31, 2024. Revisions made herein shall become a binding part of the Contract Documents. General Reauirements: 1.07 INSURANCE REOUIREMENTS Replace 1.07 INSURANCE REQUIREMENTS in the General Requirements in its entirety with the following: A. General - The Contractor shall secure and maintain such insurance policies which will protect that Contractor and unless otherwise specified, the Owner and its agents, from claims for bodily injuries, death or property damage, which may arise from operations under this Contract whether such operations be by the Contractor or anyone employed directly or indirectly by them. The Contractor shall not commence work under this Contract until the Contractor has obtained all insurance required herein and such insurance has been approved by the Owner. The Contractor shall deliver to the Owner executed copies of all policies or a certificate of insurance. No policy shall be canceled until thirty (30) days after notice of cancellation is given to the Owner in writing. The Contractor agrees to hold harmless, indemnify and defend the Owner and its agents from all loss and damage, including damage to person or property, arising from any act by, or negligence of, Contractor or its Subcontractors or the officers, agents, or Employees of either while engaged in the performance of this Contract, or while in or about the building or premises, or rising from accident or any injury not caused by act of Owner or Owner's agents, its agents or servants, or anyone employed by Owner, other than this Contractor, to any Contractor or officer, agent, or Employee of a Subcontractor while engaged in or about the performance of this Contract, or while in or about Owner's premises, or arising from liens or claims for DGR Engineering — 1302 South Union Street — P.O. Box 511 — Rock Rapids, IA 51246 phone: 712.472.2531 — fax: 712.472.2710 — dgr.com \0,: \�285\07\f:)oc\Spec\;"rrU iicI col IbI: n1\I VULCII!IISol I, ILIV uirI!SlI!IIg "LEI I!'i,ircI aIId CLrI n1 4�2850"7 Addendum 1}�2 docx services rendered or labor or materials furnished in or for the performance of this Contract. B. Coverages and Limits: The Contractor shall provide insurance to include a minimum of the following coverages and associated limits: Coverage Worker's Compensation Employer's Liability 2. Comprehensive General Liability - Combined Single Limit 3. Automobile Liability - Combined Single Limit 4. Umbrella (Excess) Liability Limits Statutory $500,000 each Employee $500,000 each disease $500,000 each accident $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $2,000,000 each occurrence B. Additional Insured: The Owner, Engineer, and each of their employees, officers or agents shall be named as an additional insured under the prime Contractor's insurance policies and the Owner and Engineer shall be listed as an additional insured on all certificates of insurance. Owner: Hutchinson Utilities Commission its employees and officials 225 Michigan St SE Hutchinson, MN 55350-1905 Engineer: DeWild Grant Reckert and Associates Company dba DGR Engineering 1302 South Union Street Rock Rapids, IA 51246 C. Casualty Insurance: Except when the risk of loss of the Equipment is with Owner, Contractor shall maintain on the Equipment insurance against loss or damage by fire, lightning and all other risks covered by the so-called extended coverage insurance endorsement in an amount equal to the full insurable value of the Equipment. Upon the request of Owner, Contractor shall deliver to Owner a certificate of insurance evidencing the insurance required by this section. DGR Engineering — 1302 South Union Street — P.O. Box 511 — Rock Rapids, IA 51246 phone: 712.472.2531 — fax: 712.472.2710 — dgr.com \0,: \�285\07\f:)oc\Spec\;"rrU iicI Col IbI: n1\I VUl:cII!IISol I, ILIV uirI!SlI!IIg "LEI I!'i,ircI aIId CLrI n1 4�2850"7 Addendum 1}�2 docx This ADDENDUM NO. 2 shall become a legal and binding part of the Contract Documents. All BIDDERS shall acknowledge receipt of this ADDENDUM NO. 2 on the BID FORM and agree to accept the revisions indicated and prepare proposals in accordance therewith. DGR ENGINEERING By 6, 1, y Alexander M. Richter, P.E. Minnesota License No. 59098 DGR Engineering — 1302 South Union Street — P.O. Box 511 — Rock Rapids, IA 51246 phone: 712.472.2531 — fax: 712.472.2710 — dgr.com \0,: \�285\07\f:)oc\Spec\;"rrU iicI Colt I::::' nI\I Vu�l:cIilIISol I, ILIV I uiI rlslI!IIg "LEI I!::ncI rrnd CLrI I n1 4�2850"7 Addendum 1}�2 docx Bidding Documents Furnishing a Control Enclosure and Control Panels - Hutchinson Substation Hutchinson Utilities Commission Hutchinson, Minnesota Contact persons for this Project are as follows: Owner's Representative: Hutchinson Utilities Commission 225 Michigan Street SE Hutchinson, Minnesota 55350 Telephone: 320-587-4746 Daniel Lang Engineering Services Manager Email: dlang@hutchinsommn.gov Engineer: DGR Engineering 1302 South Union Street Rock Rapids, Iowa 51246 Telephone: 712-472-2531 Alex Richter Project Manager E-mail: alex.richter@dgr.com Evan Laursen Design Engineer E-mail: evan.laursen@dgr.com P:A04\285\07\DocASpecACntBnc1 ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx Bidding Documents Furnishing a Control Enclosure and Control Panels - Hutchinson Substation Hutchinson Utilities Commission Hutchinson, Minnesota Table of Contents Page No. Advertisement for Bids.........................................................................AB-1 — AB-2 Instructions to Bidders..........................................................................IB-1 — I13-5 Bid Bond 1-2 - 2 BidForm...............................................................................................BF-1 — BF-4 Performance Bond 1-2 - 2 General Requirements..........................................................................GR-1 — GR-6 Technical Specifications: Control Enclosure with Base..........................................................TS-1 — TS-35 Control Panels.................................................................................TS-36 — TS-40 Material Agreement..............................................................................MA-1 — MA-4 Appendix • Drawings (Separate) P:A04\285\07\DocASpecACntBnc1 ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx ADVERTISEMENT FOR BIDS Notice is hereby given that on the I Ph day of September 2024, until 2:00 p.m., sealed bids will be received by the Hutchinson Utilities Commission of the City of Hutchinson, Minnesota, at the Hutchinson Utilities Office, 225 Michigan Street SE, Hutchinson, MN 55350 and will be publicly opened and read aloud. The equipment to be supplied is described in general as follows: Furnishing and installing a new control enclosure with 115 kV and 69 kV control panels, related accessories, and auxiliary equipment. The above equipment shall be in accordance with the Specifications and proposed form of Contract now on file at the Hutchinson Utilities Commission, Hutchinson, Minnesota by this reference made a part hereof, as though fully set out and incorporated herein. Bidders desiring a copy of the bid forms and Specifications for individual use may obtain them from the Office of the Engineer, DGR Engineering, 1302 South Union, PO Box 511, Rock Rapids, Iowa 51246, telephone 712-472-2531, fax 712-472-2710, website www.dgr.com, e-mail dgr@dgr.com, no deposit required. Each bid shall be made out on the Bid Form furnished by the Engineer and shall be accompanied by either a Bid Bond issued by a Surety authorized to do business in the State of Minnesota and made payable to the Hutchinson Utilities Commission; or a certified check, cashier's check, or bank draft drawn on a state or national bank made payable to the Hutchinson Utilities Commission in a sum equal to five percent (5%) of the total bid (contract price). The bid security must not contain any conditions either in the body or as an endorsement thereon. Such bid security shall be forfeited to the Commission as liquidated damages in the event the successful Bidder fails or refuses to enter into a Contract within fifteen (15) days after the award of Contract and post satisfactory Performance and Payment Bonds. The successful Bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price and a Certificate of Insurance with appropriate limits to the Owner prior to the approval of the Contract. Bid envelopes must be clearly marked "Bid Enclosed — Hutchinson Substation - Furnishing a Control Enclosure and Control Panels". Payment to the Contractor will be made as described in the Material Agreement. The Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson Minnesota reserves the right to defer acceptance of any bid for a period not to exceed thirty (30) days after the date bids are received and no bid may be withdrawn during this period. The Commission also reserves the right to waive irregularities and to reject any or all bids as it shall deem to be in the best interest of the Commission. P:A04\285\07\DocASpecACntFnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx AB- I Dated this 3 1 " day of July, 2024. By 7— "M President Date ATTESTED By 91,jef do? 'f�e 7tary Date INSTRUCTIONS TO BIDDERS 1.01 FAMILIARITY OF CONDITIONS. A. Bidders are required to examine to their satisfaction, the Plans and Specifications and to make sure that the requirements are fully understood. The failure or omission of any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation regarding their bid. 1.02 BIDDERS QUALIFICATIONS. A. Bidder must be capable of performing the work bid upon. The lowest responsive Bidders will be required to satisfy the Owner as to their integrity, experience, number of Employees, equipment, personal, and financial ability to perform and ability to finance the cost of the work. B. If the information and data requested by the Owner is not furnished, the Owner may consider the Bidder non -responsive or non -responsible. The Owner reserves the right, in its sole and absolute discretion, to accept the bid of a Bidder even though said Bidder has not submitted any information, list, data or statement requested. C. The Owner reserves the right to reject any bid if the Owner determines, in its sole and absolute discretion, that the Bidder is not properly qualified to carry out the obligations of the Contract and/or to complete the work contemplated by the Contract. Conditional bids will not be accepted. 1.03 METHOD OF BIDDING. A. Bids shall be submitted on a unit price or lump sum basis as stated on the Bid form. In preparing a bid, the Bidder shall specify the price, written legibly in ink or typewritten, at which the Bidder proposes to do each item of work. The price shall be stated with respect to each and every alternate item, whether an add alternate, or a deduct alternate. Failure to state a price for any alternate bid item shall constitute a non -responsive bid that will not be considered. The prices shall be stated in figures. In items where unit price is required, the total amount for each item shall be computed at the unit prices bid for the quantities given in the estimate. In the event of discrepancies in the unit price extensions listed in the bid, unit prices shall govern. B. For all work let on a unit price basis, the Engineer's estimate of quantities shown on the bid is understood to be approximate only, and will be used only for the purpose of comparing bids. For work let on a lump sum basis, any estimate of quantities provided is furnished for the convenience of Bidders and is not guaranteed. 1.04 BID SECURITY. A. Each bid shall be accompanied by bid security as specified in the Advertisement for Bids and made payable to the Owner. Should the Bidder receiving the award fail to P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx I13-1 execute a satisfactory Contract and file acceptable bonds within fifteen (15) days after the award of Contract, the Owner may consider Bidder to be in default, annul the Notice of Award, and the bid security of that Bidder will be forfeited. Such forfeiture shall be the Owner's exclusive remedy if Bidder defaults. B. The bid security of unsuccessful Bidders will be returned promptly after the award has been made. In no case will the bid security be held longer than thirty (30) days without written permission of the Bidder, except that the bid security of the Bidder to whom the Contract is awarded will be retained until he or she has entered into Contract and filed an acceptable Bond. 1.05 TAXES. A. The prices for material items in all bids shall not include provisions for the payment of any taxes to the State of Minnesota. The Owner will issue a tax exemption certificate to the successful Bidder. 1.06 ALTERNATE MATERIALS. A. Requests for approval of `or -equal' materials and equipment shall be submitted to the Engineer in writing at least fifteen days prior to receipt of bids. Each request shall conform to the terms and conditions of the bidding documents and to the type, function, and quality standards of approved materials and equipment. The burden of proof of the merit of proposed `or -equal' materials and equipment is upon the Bidder. The Engineer's decision of approval or disapproval of a proposed `or -equal' item will be final. No substitution shall be approved except by a written addendum issued to all prospective Bidders. B. Bidders may submit bids for alternate materials which do not meet all the detailed requirements of the Specifications. Such submissions shall be in addition to the base bid which shall comply with all requirements of the Specifications. Bid evaluation and Contract award will be made based on the base bid. Alternate materials will then be considered, and the final Contract amount adjusted accordingly if the Owner decides to accept bids for alternate materials. In submitting bids for alternate materials, Bidders shall submit manufacturer's data and note the exceptions to the requirements of the Plans and Specifications. C. Additionally, as part of evaluating `or -equal' requests, engineer will consider the following: Manufacturer's ability to conform with the project specifications. 2. Manufacturer's relevant experience. 1.07 TERMS AND CONDITIONS. A. The Bidder is invited to attach their standard patent protection and liability limitation conditions, but shall not include any other terms and conditions to this bid. Attachment P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx I13-2 of additional terms and conditions shall be grounds for disqualification of the submitted bid. 1.08 CHANGES IN QUANTITIES. A. Not used. 1.09 SUBMISSION OF BIDS. A. Bidders will be furnished with bid form(s) giving the estimate of quantities needed to complete the work. Two copies of the completed bid form(s) and all supporting documentation shall be included with the bid. B. If the bid is made by an individual, his or her name and post office address must be shown. If made by a firm or partnership, the name and post office address of the firm or partnership must be shown. If made by a corporation, the person signing the bid must name the state under the laws of which the corporation is chartered, and the name, title, and business address of the executive head of the corporation. Anyone signing a bid as agent may be required to submit satisfactory evidence of his or her authority to do so. C. Any changes or alterations made in the official bid form, or any additions thereto, may result in the rejection of the bid. No bid will be considered which contains a clause in which the Bidder reserves the right to accept or reject a Contract awarded by the Owner. Bids in which the unit prices are obviously unbalanced may be rejected. D. Should the Bidder find discrepancies, ambiguities, or omissions from these documents, they should immediately notify the Engineer and an addendum will be sent to all known entities holding copies of the Bidding Documents. E. Two copies of each bid form and all supporting documentation shall be provided. Bids shall be placed in an opaque envelope and the envelope sealed and marked "Bid Enclosed — Hutchinson Substation - Furnishing a Control Enclosure and Control Panels" to indicate its contents. If forwarded by mail, the envelope shall be mailed to the following address: Hutchinson Utilities Commission 225 Michigan Street SE Hutchinson, MN 55350-1905 F. Receipt of any Addenda must be acknowledged on the bid form or a copy of any Addenda relating to the bid shall be signed and attached to the bid. G. No oral, facsimile machine, telegraphic or telephonic bids or modifications will be considered. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx I13-3 1.10 MODIFICATION OR WITHDRAWAL OF BIDS. A. A bid may be withdrawn by an appropriate document duly executed in the same manner that a bid must be executed and delivered to the place where bids are to be submitted prior to the date and time for the opening of bids. Upon receipt of such notice, the unopened bid will be returned to the Bidder. B. If a Bidder wishes to modify its bid prior to bid opening, Bidder must withdraw its initial bid and submit a new bid prior to the date and time for the opening of bids. C. No bid may be withdrawn for a period of thirty (30) days after the scheduled date and time for the receipt of bids. 1.11 CONTRACT AWARD. A. Award of the Contract, if an award is made, will be on the basis of the Contract Price as is in the best interest of the Owner. It is the intent of the Owner to award one (1) Contract for the material as is deemed to be in the best interest of the Owner. The effect of the Contract Price, guaranteed delivery date, dimensions, and the experience record of the Bidder on equipment of similar size and rating will be considered when evaluating the bids. This may also include location of manufacturing and assembly, and preference may be given to equipment manufactured and assembled in the USA. The Owner reserves the right to reject any or all bids, waive technicalities, and make award(s) as deemed to be in the best interest of the Owner. In addition to cost, other items that will impact the award decision include the following: 1. Relevant experience with equipment of similar size and type. 2. Support capabilities. 3. Ability to meet specified delivery schedule. 4. Conformance to Project Specifications. 5. Life cycle and maintenance costs. 6. The Owner's and Engineer's experience with equipment submitted by the Bidder. 1.12 PERFORMANCE BOND. A. The Bidder to whom the Contract is awarded shall furnish a Performance Bond in an amount equal to the Contract Price of the bid guaranteeing the faithful performance of the work in accordance with the terms of the Contract. Such Bond shall be with a Surety company authorized to do business in the State of Minnesota and in form acceptable to the Owner. Any costs associated with procuring the necessary Bond shall be included in the bid price. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx I13-4 1.13 EXECUTION OF CONTRACT. A. The Bidder to whom the Contract has been awarded shall enter into Contract with the Owner within fifteen (15) days after the award has been made. B. No bid shall be considered binding upon the Owner until the Contract is properly executed by both parties and all required Bonds are filed and certificates of insurance are in place. C. The Contract, when executed, shall be combined with all the Contract Documents identified in the Material Agreement representing the entire agreement between parties. The Bidder shall not claim any modification resulting from representation or promise made by representative of the Owner or other persons. 1.14 PROJECT SCHEDULE. A. The desired delivery date for the Control Enclosure and Control Panels is desired to be no later than October 3, 2025. Based on current material availability, both later and earlier delivery dates will be considered by the Owner and should be listed on the Bid Form. B. Material offloading and installation will be completed by the Contractor (of this Contract). C. The Bidder shall provide in his bid a guaranteed delivery date. The Owner reserves the right to deduct from the Contract Price $500 per day for each calendar day after the contracted delivery date that the equipment is not delivered and installed at the project site. This price reduction shall be in lieu of proving an actual loss via legal or arbitration proceedings. D. The Owner agrees to indemnify the Contractor for circumstances beyond his control, including acts of God, acts of government, and related circumstances. Actions that cause delivery delays that are under the control of the Contractor are failure to allow sufficient time for manufacturing, failure to inform the Engineer of changes in the manufacturing schedule, or lack of cooperation in establishing effective measures by which delays could be minimized. E. The Contractor shall provide monthly progress reports to the Engineer during the manufacturing of the equipment. * * * END OF SECTION * * * P:A04\285\07\DocASpecACntFnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx I13-5 PENAL SUM FORM IFNC INFFF° MINF CONFFAG[ DOCUMENTS COMMITTEE Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): M Bid Due Date: Description (Project Name— Include Location): BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) Bidder's Name and Corporate Seal 2 Surety's Name and Corporate Seal :� Signature Print Name Title Attest: Attest: Signature (Seal) Signature (Attach Power of Attorney) Print Name Title Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 �'.,° (" PENAL SUM FORM IFNC INFFFS MINF CONFFAG[ DOCUMENFS COMMITTEE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of anytime extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 BID FORM TO: Hutchinson Utilities Commission Hutchinson, Minnesota FROM: Bidder's Name Electrical Power Products Address 4240 Army Post RD, Des Moines, IA 50321 Pursuant to and in compliance with the Advertisement for Bids and the Instructions to Bidders relating thereto, the terms of which are incorporated herein by reference thereto, the undersigned as Bidder offers and agrees, if this offer is accepted, to furnish and deliver the equipment and materials in strict conformance with the Specifications forming a part of these Contract documents and in accordance with following Addenda for the sum indicated on the following bid schedule. Addendum Number ADDENDUM NO. 1 ADDENDUM NO. 2 Addendum Date August 28, 2024 September 4, 2024 The prices set forth herein do not include any sums which are or may be payable by the seller on account of taxes imposed by the State of Minnesota upon the sale, purchase or use of the equipment. If any such tax is applicable to the sale, purchase or use of the equipment, the amount thereof shall be paid by the Owner. 2. The prices included herein are firm without regard for time of delivery, increase in cost from Bidder, or any other factor. The price of the equipment set forth herein shall include the cost of delivery to the job site as set forth in the Specifications. The guaranteed delivery date of the equipment shall be included in this Bid. 4. Title to the equipment shall pass to the Owner after all required field testing has met the requirements of the specification and the test results have passed the requirements. This bid is void unless a materials Contract based on this bid is entered into by the Owner and the Contractor within thirty (30) days after the date hereof. 6. The undersigned being familiar with all the details, conditions, and requirements hereby proposes to furnish the following material to Hutchinson Utilities Commission, in strict conformance with the specifications and Bidding Documents, to -wit: P:A04\285\07VDocASpecACntEnc1_ContrPn1\11utchinsom MN - Fumishing Ctrl Encl and Ctrl Pnl - 428507-IFB.docx BF- I Item No. Qty Description Unit Price Extended Price CONTROL ENCLOSURE: A 1 Control Enclosure & Related Equipment (as req'd) $ 661, 119.00 $ 661, 119.00 B 1 Battery charger and Battery rack system (as req'd) $ 34,4 22.00 $ 34 442.00 C 1 HVAC system (as req'd) $ 40 712.00 $ 40 712.00 D 1 Automatic Transfer Switch (as req'd) $ 17,492.00 $ 17 492.00 E 1 Outdoor disconnects and CT Cabinet (as req'd) $ 22 474.00 $ 22 474.00 F 1 P.E. Certifications and control enclosure drawings (as req'd) $ 2 6 00.00 $ CONTROL PANELS: (Note: each unit includes equipment, wiring, interconnects, and testing) 1 1 Communication Rack PO (as req'd) $ 2 0 88.00 $ 2,008.00 2 1 Panel P1 (as req'd) $ 44 075.00 $ 3 1 Panel P2 (as req'd) $ 34,6 88.00 $ 34 618.00 4 1 Panel P3 (as req'd) $ 3632400 $ 36 324.00 5 1 Panel P4 (as req'd) $ 34,20300 $ 34 203.00 6 1 Panel P5 (as req'd) $ $ 7 1 Panel P6 (as req'd) $ 49 644.00 $ 49 644.00 8 1 Panel P7 (as req'd) $ .00 17 314 $ 17314.00 9 1 Panel P8 (as req'd) 48 644.00 48 644.00 10 1 Panel P9 (as req'd) $ 22 521.00 $ 22 521.00 11 1 Panel P21 (as req'd) $ 21,162.00 $ 21 162.00 12 1 Panel P22 (as req'd) $ 48 777.00 $ 48 777.00 13 1 Panel P23 (as req'd) $ $ 14 1 Panel P24 (as req'd) $ 30 081.00 $ 15 1 Panel P25 (as req'd) $ 33 990.00 $ 33 690.00 16 1 Panel P26 (as req'd) $ 43 190.00 $ 43 190.00 17 1 Panel P27 (as req'd) $ 36 267.00 $ 18 1 Panel P28 (as req'd) $ 48 909.00 $ 48 909.00 P:A04\285\07TDocASpecACntEnc1_ContrPnMutchinsom MN - Fumishing Ctrl Encl and Ctrl Pnl - 428507-IFB.docx BF-2 Item No. Qty Description Unit Price Extended Price DELIVERY AND INSTALLATION: D1 1 Delivery of Control Enclosure to Control Panel $ 32,032.00 $ 32,032.00 Manufacturing Facility. D2 1 Delivery of Complete Control Enclosure and 14,900.00 14,900.00 Control Panels to Owner's site. D3 1 Unloading of Complete Control Enclosure and $ 106,497.00 $ 106,497.00 Control Panels on the Owner's pad. D4 1 Complete installation of Control Enclosure and $ $ Control Panels on the Owner's pad including Included Included anchoring. II. 0035.00 CONTRACT PRICE: $1,550,2.51.00 Control Panel Manufacturer: Electrical Power Products Control Enclosure Manufacturer: Trachte Wiring Diagrams Are Needed By: Delivery Date Field Dressing and Final Installation Date: 5/7/2025 10/03/2025 10/3/2025 * All materials shall be F.O.B. Hutchinson, Minnesota P:A04\285\07VDocASpecACntEnc1_ContrPnl\HutcWnson, MN - FumisWng Ctrl Encl and Ctrl Pnl - 428507-IFB.docx BF-3 Bid Security Enclosed Hutch.ft Son Substation The undersigned bidder certifies that this bid is made in good faith without collusion or connection with any other person or persons bidding on the work, The undersigned bidder states that this bid is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this bid and the Specifications, the provisions of the latter shall prevail. Dated thi,s,!-Qth day of September. 2024. Bidder Electrical Power Products Address 4240 army Post RE)_ QQ5_MDiOes. A 50321 Authorized Officer; Signature J,� . . . ..... . . Print Timothy O'bonaell 'Title -President Phone 515.262.n E-mail -mb urtijo. [a.@.eV2. cam Contact for Contract Document Processing: Marne Wor-Biarwhi Phone E-mail tWanchi@qPZQQ_m. Contact for Order Status, Updates: Name LenShaw Phone 5_1 5_2B2. 8 16 1 E-mail I P:\04Q85\07tiDoclSpeclCiitEricl_ContrPT,il\HLItchinsori, MN - Fumishing Orl Enid md Orl PnI - 429507-JF13.(Jocx BF-4 r:�(�)cUivuFNTS CONOWTEE CONTRACTOR (name and address): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): PERFORMANCE BOND SURETY (name and address of principal place of business): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Attest: Signature Title (seal) Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 2 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2. Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1.13alance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3.Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4.Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5.Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and , the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 2 GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 DEFINITION OF TERMS Addenda: Changes or information applying to the Plans and Specifications. Addenda are issued prior to opening of Bids. Bidder: Any individual, firm or corporation submitting a Proposal for the Work under their own name. Bond: The Performance/Maintenance bond and the Payment Bond executed by the Contractor and the Contractor's Surety in favor of the Owner, guarantying the faithful performance of the obligations assumed by the Contract and the payment of all debts pertaining to the Work. Change Order: A written order by the Engineer for changes or alterations in the Work. Change Orders are issued after the opening of Bids. Clerk or Secretary: The one who keeps the records and correspondence of the Owner. Contract: The written agreement between the Contractor and the Owner setting forth the terms and conditions under which the Work is to be accomplished and all documents incorporated therein by reference. Contractor: Any individual, firm or corporation contracting as the Parry of the Second Party in the Contract. Employee: Any person employed on the Work to which the Specifications apply and who is under the direction or control of or receives compensation from the Contractor or a Subcontractor. Engineer: DeWild Grant Reckert and Associates Company, dba DGR Engineering, 1302 South Union Street, Rock Rapids, IA 51246. The Engineer is the general administrator of the Contract. Notice: Advertisement for bids, advertising the date and time for hearing objections and/or opening and reading bids on the Work. Owner: The Parry of the First Part as represented by Council, commission, or Board of Trustees of the City, Utility, or the individual or firm for whom the Work is performed. Plans (Drawings): Graphic and pictorial representations of the design, location and dimensions of the Work. Project: The total construction authorized by the Owner as a single program of which the Work may constitute a whole or a part. P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.¢docx GR I Proposal (Bid) Guaranty The security, required by Notice and the Proposal, to be furnished by the Bidder as a guaranty that the Bidder will enter into Contract for Work awarded to the Bidder and furnish an acceptable Bond. Specifications: The Instructions to Bidders, General Conditions, Special Conditions and Technical descriptions of material, equipment, construction systems, standards and workmanship applicable to the Work. Subcontractor: Any individual, firm or corporation who has, with the approval of the Owner, contracted with the Contractor to execute and perform in the Contractor's stead all or any part of the Contract. Superintendent: The Contractor's authorized representative in responsible charge of the Work. Sure . The corporate body bound with and for the Contractor for the acceptable performance of the Contract. The Work: The materials, equipment and labor necessary for the construction of the improvement as indicated in the Specifications, on the Plans, or as set forth in the Contract. Treasurer: The duly designated Treasurer of the Owner. 1.02 SUMMARY: A. Materials shall be supplied as specified herein, and shall be in accordance with the applicable NEMA, ANSI, IEEE, IPCEA, ASTM Standards, NEC, NERC, and the Standards of the Underwriter's Laboratory. 1.03 PROJECT SCHEDULE: A. The Owner will award one (1) Contract for the bid as deemed in the best interest of the Owner. The following dates represent the proposed schedule for this Contract: September 11, 2024 Bid Opening September 25, 2024* Owner Awards Contract October 23, 2024 Contractor furnishes performance bonds, certificate of insurance and signed Contract(s) October 30, 2024* Contract(s) executed by Owner November 30, 2024 Long lead time material list submitted for approval. January 8, 2025 50% Control Enclosure drawings submitted for approval. January 22, 2025 75% Control Enclosure drawings submitted for approval (includes electrical BOM). P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.¢docx GR 2 February 12, 2025 95% Control Enclosure drawings submitted for approval (includes revised electrical BOM and schematics). March 5, 2025 100% Control Enclosure drawings submitted for approval (includes final electrical BOM and final schematics). March 5, 2025 Control Panel Fabrication drawings released to production. May 7, 2025 Schematics, three -line and wiring diagrams issued for fabrication by Engineer (see Item B below) May 21, 2025 Control Panel Manufacturer completes internal QA check of wiring diagrams. May 27, 2025 Wiring diagrams released to production floor. June 4, 2025 Begin control panel equipment mounting. August 5, 2025 Control Panel wiring completed on production floor. August 5, 2025 Control Enclosure delivered to Control Panel Manufacturing Facility. September 5, 2025 Control Panel installation within Control Enclosure Complete. September 16, 2025 Control Panel QA checks 75% complete. September 17, 2025 Engineer inspection of Control Enclosure at panel manufacturer facility prior to shipment. September 26, 2025 Control Panel QA checks 100% complete. October 1, 2025 Loading and Transportation to Owner site. October 2, 2025 + Delivery of Equipment complete. October 9, 2025 + Installation of Equipment complete. * Date subject to change. + Contract Price deductions (liquidated damages) apply to these dates. Delivery and installation of the equipment is desired to be no later than the dates listed above, respectively. Based on current material availability, both later and earlier delivery dates will be considered by the Owner. P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.docx GR 3 B. Detailed control schematics, three -line diagrams, and wiring diagrams for the control panels will be furnished by the Engineer after contract award (prior to production). The Contractor shall submit a date in their bid of when they will require these drawings for panel construction. Prior to and during control panel construction, the Contractor shall contact the Engineer with any questions, comments, or concerns regarding the supplied drawings. 1.04 SUBMITTALS: A. In addition to any drawings and data submitted with the bid, the Contractor, after award of the contract and before proceeding with the manufacture of the material, shall furnish the Engineer electronic copies of all design calculations, data sheets and drawings covering the design and installation of the material for approval. B. The Contractor shall submit outline, layout, detailed, and wiring drawings of the material as applicable for approval. All drawings shall be approved prior to fabrication. C. The Contractor shall supply to the Engineer an electronic copy in .pdf and an AutoCAD compatible format of each of the above -mentioned drawings for all submittals. D. Drawings submitted shall be in 11 x 17 format. E. Approval of final Contractor's drawings or data by the Engineer shall not relieve the Contractor of any part of his responsibility to meet all the requirements of this specification or as to the correctness of his drawings and data. Further, approval of the Engineer does not relieve the Contractor of responsibility for the adequacy of the design. F. Shop drawings for all material shall be submitted per the project schedule. G. Allow 2-3 weeks for the Engineer's review of the shop drawings. H. See the Technical Specifications for additional submittal requirements. 1.05 INSTRUCTION MANUALS: A. In addition, the successful bidder shall, under separate cover, furnish: three (3) copies of instruction manuals: three (3) copies of certified "as built" drawings; and electronic versions of drawings in AUTOCAD format and manuals in PDF format. B. The instruction manual shall contain a list of recommended spare parts. 1.06 SHIPPING AND DELIVERY PROCEDURES: A. The Bid(s) shall include F.O.B to the Project location in Hutchinson, Minnesota. P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.¢docx GR 4 The Project site address is as follows: Hutchinson Substation 10 Garden Road NE Hutchinson, MN 55350 B. Contractor shall notify the Owner when equipment is ready for shipment at least seven (7) days prior to delivery. In addition, seller shall advise the Owner of method of shipment, projected routing, and estimated time in shipment. C. Title to the equipment shall pass to the Owner upon acceptance testing and checkout of the equipment and receipt of all required documentation. D. Deliveries Accepted: Monday -Friday, 8:00 AM — 3:00 PM, working days only. E. The Contractor shall investigate all limitations in regard to shipping the equipment. The equipment shall be shipped as completely assembled as transportation limits allow. F. Contractor shall also coordinate delivery in advance with the Owner's substation construction contractor to ensure that site preparations are complete, and the substation construction contractor can schedule to be on -site during delivery of the equipment. G. The Contractor shall coordinate delivery locations with the Owner and Engineer. H. Contractor shall provide rigging and other necessary equipment to perform the installation. 1.07 INSURANCE REQUIREMENTS: A. Casualty Insurance: Except when the risk of loss of the Equipment is with Owner, Contractor shall maintain on the Equipment insurance against loss or damage by fire, lightning and all other risks covered by the so-called extended coverage insurance endorsement in an amount equal to the full insurable value of the Equipment. Upon the request of Owner, Contractor shall deliver to Owner a certificate of insurance evidencing the insurance required by this section. B. Risk of Loss - Risk of loss of the Equipment shall remain with Contractor until the Equipment has been unloaded, inspected, and accepted by the Owner or Owner's Representative, at which time risk of loss shall pass to Owner. Notwithstanding the foregoing, if Owner rejects the Equipment as non -conforming, risk of loss of the Equipment shall be and remain with Contractor until Contractor corrects the non -conformity or Owner accepts the Equipment. P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.docx GR 5 1.08 WARRANTY: A. A warranty package shall be furnished with the equipment. The warranty shall be in effect for 18 months after the date of delivery as part of this proposal. B. The warranty shall be comprehensive, without deductibles, and shall cover all equipment supplied by the Bidder, whether or not it was manufactured by the Bidder. C. All repair parts, labor, and travel expenses necessary for repairs at the j ob site shall be included. 1.09 TERMS AND CONDITIONS: A. The Bidder is invited to attach their standard patent protection and liability limitation conditions, but shall not include any other terms and conditions to this bid. Any terms or conditions submitted with the Bid other than the terms or conditions herein listed shall be grounds for disqualification of bid. All additional costs required to meet this specification shall be deemed to be included in the Contract Price. * * * END OF SECTION * * * P:A04\285\07\LDoc\specAi'ntl'.ncl ContrPn1\11utchimon, MN ... Furnishing Ctrl End and Ct:rl Pn1 ... 428507 H B.docx GR 6 TECHNICAL SPECIFICATIONS CONTROL ENCLOSURE WITH BASE PART 1 - GENERAL 1.01 SCOPE: A. The Advertisement for Bids, Instructions to Bidders, Bid Form, and General Requirements of the Contract are hereby made part of this section. B. It will be assumed that the manufacturer is quoting in strict conformance with these specifications unless the quotation includes a statement and description of proposed exceptions. C. Work under this Section includes furnishing and installing the control enclosure as herein specified and shown on the Drawings. Work includes, but is not limited, to, the following: 1. Furnish, deliver to site, offload, completely install, and anchor the complete Control Enclosure. 2. Furnish and install: a. Control Enclosure with all auxiliaries including interior and exterior lighting (above doors), smoke detectors, switches, receptacles, splice boxes, conduit, wire, power connections, grounding, and cable. b. Doors with locks, panic bars, closers, crash stops, interior pull handles, latch guards, kick plates, magnetic alarms and windows (if applicable). C. Complete HVAC system. d. Complete exhaust system with hydrogen detector sensors and timers. e. Cable tray system. f. Communication cable tray system. g. Two (2) Exterior Cable Risers. h. One (1) Outdoor metering CT cabinet. P:A04\285\07\DocASpecACntFnc1 ContrPnMutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS- I i. Two (2) Outdoor AC disconnects with fuses. j. One (1) Automatic Transfer Switch. k. One (1) AC Load Center. 1. Two (2) AC Distribution Panels. M. Four (4) DC Distribution Panels. n. Two (2) Battery chargers. o. Two (2) Battery racks and spill kits. p. Two (2) DC Disconnects with fuses. q. Two (2) DC J-boxes with power distribution blocks mounted to the sub -panel. r. One (1) Alarm Junction Box. S. One (1) Yard Lighting Junction Box. t. One (1) Outdoor Antenna Junction Box. U. One (1) Telecommunication board. D. Material furnished and installed by Others: 1. Eye -face -body wash. 2. Fire extinguishers. 3. Batteries. 1.02 SUBMITTALS: A. See General Requirements, for submittal procedures. B. Shop Drawings: 1. For approval prior to ordering long lead time materials: a. HVAC equipment. b. Automatic Transfer Switch. C. Battery Charger and Battery rack. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-2 d. AC and DC Panel systems. e. Other items (as needed). 2. For approval during 50% submittal: a. Description of anchoring technique to be used. b. Sidewall, endwall, interior wall, floor, and roof framing. C. Transverse cross -sections. d. Covering and flashing details. e. Accessory installation details. 3. For approval prior to fabrication: a. Bill of material. b. Dimensions. C. Descriptive data. d. Performance data. e. Electrical schematics. 4. Drawing titles shall clearly indicate (Hutchinson Substation), the structure type identification and such other notations as shall be necessary to properly identify drawings with this specification and contract. 5. Enclosure Manufacturer shall supply plans and calculations stamped by a Registered Professional Engineer for the State where enclosure is to be installed, and is responsible for obtaining any State Industrial Building Commission Approvals and Third Parry Inspections if required by the State where the enclosure is to be installed. 1.03 PAYMENT: A. Payment shall be at the Contract unit prices as shown on the Bid Form. 1.04 WARRANTY: A. See General Requirements, for warranty requirements. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-3 1.05 REFERENCES: A. Control enclosure shall comply with the following documents: 1. American Society of Civil Engineers (ASCE), "Minimum Design Loads for Buildings and Other Structures", current edition and revision. 2. Metal Building Manufacturers Association (MBMA), "Recommended Design Practices Manual", current edition and revision. 3. International Building Code (IBC), current edition and revision. 4. National Electric Code (NEC), current edition and revision. 5. Underwriters Laboratory (UL), various standards, current edition and revision. 6. American Society for Testing and Materials (ASTM), various standards, current edition and revision. 7. American Institute of Steel Construction (AISC), "Specification for the Design of Light -Gauge, Cold -Formed Steel Structural Members", current edition. "Specification for the Design, Fabrication, and Erection of Steel for Buildings", current edition and revision. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS: A. The Control Enclosure shall be the design of a manufacturer who is regularly engaged in the fabrication of pre-engineered structures, conforming in whole or part to the references listed in Section 1.05. B. Trachte Inc. — Oregon, Wisconsin. C. Or approved equal prior to Bid. 2.02 CONTROL ENCLOSURE CONSTRUCTION: A. General: 1. Shall be a prefabricated clear span design with channel framing and a gable pitch roof. The Control Enclosure shall obtain basic stability from the wall and roof panels, properly braced, which shall combine both the structure and cover into one unit. Framed openings for doors, louvers, and ventilations requirements shall be provided, and proper provisions shall be made for the structural discontinuity resulting from such openings. The P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-4 location of the doors and louvers shall be in accordance with specification drawings. The peak of the roof shall be along the longest length of the Control Enclosure. 2. Shall have the outside dimensions indicated on the specification drawings. 3. Shall be supplied with a nameplate indicating that it meets the appropriate building & electrical codes. The nameplate shall also include the design criteria for the Enclosure loading and design. 4. Shall be structurally steel framed. 5. Shall be complete with all materials and accessories as needed for a complete enclosure as shown on the project Drawings and as specified herein. 6. Shall include all primary and secondary structural framing members, connection bolts, covering, roof, doors, interior walls, flashing, fasteners, closures, sealer, painting and other miscellaneous items as called for in the specification. 7. Minimum interior free space shall be as shown on the Drawings. B. Loading: 1. Roof load — 50 psf (40 psf live load and 10 psf dead load). 2. Ceiling dead load —10 psf. 3. Wall load — 31 psf (110 mph). 4. Seismic zone: Per UBC for site location. 5. Floor load — 250 psf distributed. C. Materials: 1. Shall be new, unused, and fabricated in a workmanlike manner in a factory environment. 2. Structural steel sections and welded plate members shall be designed in accordance with the references listed in Section 1.05. 3. Light -gauge, cold -formed structural members and exterior covering shall be designed in accordance with the references listed in Section 1.05. 4. Hot rolled steel, as a minimum, shall meet standard ASTM-A36. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-5 5. Galvanized steel, at a minimum, shall meet standard ASTM-653. D. Base: l . Shall be all welded construction of ASTM A-50 (for primary) and A-36 (for secondary) structural steel members, sized and arranged for proper strength and durability, and shall be able to withstand the stress and loads which will result when lifting the completed factory fabricated Enclosure. The base structural members shall not interfere with or obstruct the areas designated for routing of power cables or control wiring. 2. Deflection during lifting shall not exceed L/240. Base shall be designed for mounting on concrete pad installed by Others. The Control Enclosure will be placed on a pre -installed formed, steel reinforced, concrete slab foundation designed and installed by Others prior to delivery. 3. The base shall have removable lifting lugs to facilitate handling and installation. The normal lifting for transportation and installation shall be by means of a crane making a single point lift using suitable rigging. 4. All foundation anchor bolts shall be furnished and installed by the manufacturer. 5. Manufacturer to remove the lifting lugs following installation of the Control Enclosure and remove them from the site. 6. Manufacturer shall provide a means to seal any gaps between the foundation and Control Enclosure base. This may be caulking or metal flashing. E. Floor: 1. Floor shall be a minimum of 1/4-inch steel plate welded to the perimeter members and to the cross members of the base. F. Structural Framing: 1. Frame shall be complete, internal, and self-supporting. 2. Frame shall not rely on the exterior panels or roof cover panels for its structural strength. 3. Structural members shall be 8 to 16 gauge, cold -formed, galvanized steel. 4. Framework shall have a flush wall, post and beam format with girts and purlins, and full trusses on both end walls, which easily allows for future expansion and/or modifications. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-6 5. Wall and Ceiling Structural Support System: a. Shall be designed to provide load carrying capability for anticipated equipment loads. b. Shall be 16 gauge galvanized steel hat channels behind liner panel for reinforcement as needed, with locations shown on shop drawings. 6. Roof shall have 8 to 14 gauge solid web hot rolled steel trusses. 7. Hot Rolled Steel Sheet, Plate, and Strip: a. Shall conform to the requirements of ASTM Specification A36, A529, or A572 except that the minimum yield point shall be 42,000 psi if it is 1/8 inch thick or thicker. b. Shall conform to the requirements of ASTM Specification A570 Grade "D" if less than 1/8 inch thick. (1) In addition, Strip that is 14 or 15 gauge that is used for the (2) manufacture of 8" x 2-1/2" `T sections shall have a minimum yield point of 50,000 psi and a minimum strength of 62,500 psi. C. Galvanized sheet and strip shall conform to ASTM Specification A446, Grade "A", coating class G90. 8. Minimum thickness of framing members unless otherwise specified: Cold -formed primary members 14 gauge Cold -formed secondary framing members 16 gauge Web of welded built-up members 1/8 inch Flanges of welded built-up members 3/16 inch Bracing rods 1/2 inch diameter 9. Framing members for all openings shall be adequate for the specified design loads. 10. Members which are exposed to the weather shall be painted galvanized steel. G. Roof: 1. A roof pitched 2 inch in 12 or greater shall have a covering of overlapping, 18 gauge, G-90 galvanized, ribbed steel panels with a baked -on Kynar 500, PVDF resin -based finish in manufacturer's standard colors. P:A04\285\07\DocASpecACntBnc1 ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-7 2. Overlapping roof panels shall be installed with appropriate self -tapping fasteners with integral gaskets. 3. Roof to include a matching, die -formed ridge cap, and a fully supported 3" overhang. 4. Properly sized attic space ventilation shall be provided. H. Insulation: 1. Exterior walls shall be non-combustible material with a vapor barrier consisting of polyurethane foam insulation with a spray on thermal barrier applied to the interior face and over framework with 4 mil Visqueen vapor barrier at all sidewalls and roof. 2. Minimum R-values: a. Sidewalls: R-25. (1) 3.5" Corbond 24 Closed Cell Foam Ceiling Insulation ESR-3159 (R25) with JM TC Fireshell ESR-3997 thermal barrier applied to interior face (conditioned side of insulation). b. Roof: R-54. (1) 8" Corbond 24 Closed Cell Foam Ceiling Insulation ESR- 3159 (R54) with JM TC Fireshell ESR-3997 thermal barrier applied to interior face (conditioned side of insulation). C. Floor: R-36.5 + R-5.2. (1) 5 1/z" Corbond 24 Closed Cell Foam Ceiling Insulation ESR-3159 (R36.5) with JM TC Fireshell ESR-3997 thermal barrier applied to interior face (conditioned side of insulation). (2) 1" extruded polystyrene insulation (R-5.2) on top of rodent barrier. d. Door: R-12.5 P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-8 L Interior Finish: 1. Interior Walls: a. Shall be lined with a minimum 24 gauge smooth metal wall and ceiling liner panels. b. Liners shall be flush -fit, concealed fastener type. Color shall be white. C. Interior metal liners shall be pre -coated with white polyester enamel. d. Equipment mounting boards shall be 3/4-inch plywood with trim, all painted white. J. Interior Dimensions: 1. Shall be as indicated on the Drawings. 2. Minimum floor to ceiling height shall be 10 feet nominal. K. Exterior Walls: 1. Shall be 18 gauge ribbed G-90 galvanized steel panels with a PVDF resin - based finish in manufacturer's standard colors. 2. Exterior siding panels to be overlapped and installed with appropriate self - tapping fasteners with integral gaskets, and shall be removable without any disturbance to interior panels. 3. Openings in wall are to be structurally framed, sleeved, trimmed, and provided with external drip caps. 4. Repair or replacement of exterior panels must be able to be done entirely from the outside. L. Finish Work: 1. Un-galvanized structural framing members shall be cleaned to remove all dirt, grease, oil, and loose mill scale and given one shop coat of zinc chromate iron oxide primer conforming to Federal Specification TTP63b. 2. Fasteners: a. Self -tapping sheet metal screws. b. Where required for weather tightness, screws shall be equipped with 5/8 inch diameter metal and neoprene washers. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-9 C. Visible wall screws and metal washers shall be color coated to match roof and wall covering. 3. Caulking and/or flashing and/or trim shall be furnished at the rake, corners, and eaves; at framed openings, and wherever necessary to provide weather tightness and a finished appearance. There shall be no fastener penetrations through the roof covering except at eave lines and ridge lines. 4. Provide base flashing and caulking as required. 5. Roof and wall panels, flashing, trim gutters, downspouts, and other exposed galvanized steel surfaces: a. Shall be color coated with the coating factory applied. b. Coating shall be a resin based PVDF coating such as KYNAR 500. C. Color coating shall have a 20-year guarantee against fading and chalking and a 25-year guarantee against peeling flaking and checking. d. Glavalume substrates shall have a 25-year guarantee against rust perforation. 6. Exterior Color: Shall be Light Stone. M. Doors, Frames, and Windows: 1. Doors: a. Hollow metal panel door shall be 1-3/4 inch thick "flush", fabricated from 416 gauge galvanized steel sheets. b. Shall have upgraded urethane insulation core and edges shall be mechanically locked and welded to assure structural rigidity. C. Shall be bonderized and painted with one shop quality coat of epoxy base neutral gray primer. d. Shall have flush channel at top and bottom of door for weather seal. e. Shall swing out and be equipped with a low -profile panic -type door opener on the inside face. f. Panic bar shall include: (1) Hex key panic bar dogging capability. P:A04\285\07\DocASpecACntBncl ContrPnMutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-10 (2) Thumb latch pull. (3) Be for 4-foot door. (4) Von Duprin, or approved equal. 2. Frames: a. Shall be 14 gauge hollow metal frames 6 inches deep, 2 inches wide, and attached to the perimeter angle base. b. Shall be fully insulated. 3. Drip shield shall be provided above each door. 4. Shall be painted with two (2) finish coats of paint, color as selected by Owner. 5. Windows: a. Shall be tempered glass thermopane window complete with all necessary aluminum framing, weatherstripping, and sealing. b. Exposed frame shall be finished the same color as the doors. N. Door Hardware: 1. Locksets: a. Shall be manufactured by Schlage Lock Company or equal. b. Keys and cylinders shall match existing facilities and shall be coordinated with Owner at the completion of the project. Provide temporary keys and cylinders during construction. C. Doors as indicated on Drawings shall receive locksets. d. Four (4) keys shall be provided with each lockset. 2. Manufacturer shall furnish a tamper proof shield on all outside doors that covers the gap between the door and jamb near the handle. 3. Hinges: a. Stainless steel ball bearing NRP type. b. Shall be interlocking to prevent removal of the door when the door is locked. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-1 1 C. Each door shall be erected with three (3) hinges, unless over 7' then four (4) hinges shall be used. 4. Closer: a. LCN 4111 with a hold open arm. b. Shall be equipped with a magnetic dry contact entry alarm. 5. Threshold: a. Interlocking, aluminum type. b. Shall be anchored to floor with countersunk screws. C. Shall be designed to counterflash the door to provide a weathertight seal. 6. Miscellaneous: a. Crash Stop, CS 115 26D, or equal. b. Interior pull handle. C. Latch Guard. 7. Kick plate, 8400 8" x 46" 32D, or equal. 8. Install 3/16 inch foam type weatherstripping at head, foot, and j ambs of door to provide a weathertight seal. 9. Install rubber "sweep" full length at the bottom of the door. 10. Door Alarms: a. Each door shall have a magnetic entry alarm switch. b. Alarm contacts shall be wired to the alarm junction box. O. Overhead Cable Tray: 1. Shall be made of straight sections, fittings, supports, bends, tees, and accessories as shown on the Drawings to make a complete system. 2. Conform to latest NEMA standards, publication VE-1. 3. Overhead and suspended from ceiling as shown on Drawings. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-12 4. Shall be listed by UL as equipment grounding conductor. 5. Fabricated of extruded aluminum type 6063-T6. 6. Ladder type furnished with drop -out plates to protect all cables exiting the tray. 7. Shall be incorporated with two side rails connected by lateral rungs. 8. Rungs shall be installed on 6" centers and shall not extend below the bottom of the side rails. 9. Width: 24" and 30" as shown on the drawings. 10. Side Rail Height: 6". 11. Splice Plates: Bolted type. 12. Tray shall be designed so that a splice plate located anywhere along the span shall not decrease the strength of the cable tray system. 13. Loading: a. Shall support 200 lbs. of concentrated load at mid -point without any permanent distortion to the tray. b. Design to support a tray that is filled to 100% capacity with a minimum safety factor of 1.5. C. Manufacturer shall verify loading prior to placing cable tray order. 14. Grounding: a. Tray shall contain a 44/0 bare copper cable attached to the tray utilizing cable tray clamps. b. Tray ground conductor shall be connected to the station service ground and any other panel/cabinet ground that is required. C. Ground conductor shall be secured to the cable tray at intervals not to exceed ten (10) feet. d. At a minimum, each cable tray section shall be clamped to the copper conductor. e. Clamps shall be suitable for use with aluminum cable trays. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-13 f. Clamps shall be as recommended by the cable tray manufacturer. 15. Communication cable tray: a. 6" wide Legrand Cablofil style wire mesh tray for communication cables. b. Communication cable tray shall be mounted underneath the main cable tray and near the front of the relay panels as shown on the drawings. 16. Exterior Cable Risers: a. Weatherproof metal enclosure attached to outside of control enclosure. b. Shall have two removable access panels secured with stainless steel wing nut fasteners. Wing nut fasteners shall attach to threaded studs protruding from the face of the riser. C. Shall include two (2) removable access panels. Removable access panels shall have lifting handles. d. Back panel shall have vertical cable tray. e. Top of vertical cable tray and interior of horizontal cable sections to be separated by an array of 3 inch nipple, coupler, and plug assemblies in the wall. f. Bottom of the riser shall have an adjustable sleeve with covers as required so that the riser enclosure can be lowered anywhere from 0" to 24" below the control enclosure floor. g. The bottom of the riser shall meet up to the Owner's Trenwa system. P. Gutters, Downspouts, and Splashblocks: 1. Gutters: a. Minimum 24 gauge made from galvanized steel sheets conforming to ASTM Specification A361, formed in a box section of at least 29 square inches of cross sectional area. b. Support at 2'-0" centers with 20 gauge straps projecting between the eave strut and roof sheet. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-14 C. Shall be securely attached to eave strut and the outer leg of the gutter to insure proper alignment and support of the gutter. 2. Downspouts: a. Rectangular in shape and shall be made of 26 gauge galvanized steel sheets conforming to ASTM Specification A361. b. Shall have a minimum cross -sectional area of 14 square inches. C. Place to have adequate drainage. d. Attach to the wall panels with 18 gauge straps at 10'-0" centers securely fastened to the wall covering with self -tapping screws. e. Shall have a 45 degree elbow at the bottom to direct the flow of water away from the enclosure. 3. Splashblocks: a. Shall be provided under each downspout. b. Minimum surface area of 12" W x 24" L x 1.5" thick. C. Shall be constructed to direct water flow away from enclosure. d. Splash blocks shall be made of concrete. Q. HVAC: l . Shall consist of two (2) AC/heating combo units and two (2) backup electric unit heaters with one main controller. Each combination unit shall have at least 10 kW of heating. 2. Both combo AC / Heater units must be wired to a single lead/lag thermostat controller located near the door entrance, with a range of 40 degrees F to 90 degrees F. Lead/lag control shall be a Bard MC4002B or approved equal. 3. Wall mounted, commercial grade unit. 4. Combination heater and air conditioner. 5. Shall be sized by the Control Enclosure manufacturer to meet Specifications given the ambient site conditions, dimensions and heat retention of the Control Enclosure, and the heat dissipated by the electrical equipment within the Control Enclosure. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-15 6. AC: Shall be capable of maintaining an inside temperature of not more than 750 F. 7. Heating: Shall be capable of maintaining a minimum inside temperature of 600 F. a. 240 Volt, single-phase b. Shall be a self-contained energy efficient heating and cooling system which is designed to offer maximum indoor comfort without using valuable floor space or outdoor ground space. C. HVAC unit shall include a barometric fresh air damper. d. Unit shall be manufactured by Bard, no equal. e. Installed to provide accessibility required for servicing and maintenance. 8. Electric Unit Heaters: a. Qmark MUH05-21, or equal. b. Shall be 240 Volt, single-phase. C. Provide 5 kW heating rating or higher with fan. d. Comply with UL 2021. e. Provide unit heaters with fan -speed switch and integral thermostat. f. Units shall be manufactured by Brasch Manufacturing Company, Inc. Engineered Air Ltd., McQuay International, QMark, Trane or Engineer -approved equal. g. Installed to provide accessibility required for servicing and maintenance. R. Exhaust System: a. Shall provide ventilation of the battery storage area. b. System shall include all dampers, louvers, exhaust fans, activation switches, timers, and accessories required. C. Electric Timer: Furnish Intermatic ET1105C, no equal. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-16 d. Exhaust Fan: (1) Shall be interlocked with the HVAC, hydrogen sensors, and smoke detector sequence of operations system. (2) In -line type, 8" minimum. (3) Power: 120 VAC, single-phase (4) Shall be 169 CFM. (5) Fan motor shall be securely mounted with appropriate support brackets. (6) Fan shall be Greenheck CUE-060-D, or equal. (7) Shall include an integral motorized damper. (8) Damper Backdraft (wall shutter) shall be 10.75" x 10.75" aluminum with low leakage motor kit end switch kit. (9) Greenheck VCD-34-10.75x10.75, or equal. (10) Louvered intake with motorized dampers, sized as small as possible, shall be installed in the exterior wall with weatherhood and insect screens. Dampers shall be wired to operate automatically upon activation or de -activation of the exhaust system. e. Control Enclosure wall opening shall be made as dust -tight as possible. S. Grounding: 1. One (1) copper grounding pad shall be located at each corner of the structure on the exterior. 2. Ground pads shall be mechanically bonded to the base steel. 3. Each ground pad assembly shall include two (2) 3/8"-16 UNC threaded brass studs to permit connection of a NEMA 2-hole cable lug. 4. Control Enclosure shall be bonded to the substation ground grid by Others. T. Conduit Provisions in Wall: 1. Provide four (4) 1" PVC cable chases, one (1) in each corner of the control enclosure for connection the enclosure ground leads. The chases shall be P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-17 filled with silicone caulk following the installation of the grounding conductor. 2. Provide two (2) 2" PVC cable chases labeled Telecom Service Entrance for Owner's use. These chases shall be 18" off the floor of the Control Enclosure and located per the drawings. The exterior end of this PVC shall be threaded to allow for a cover to be installed over this hole when not in use. The interior end shall be threaded. Cover for this PVC must be supplied with the Control Enclosure. 3. Penetrations through the wall for the GPS clock antenna and cell phone antenna mounted on the exterior of the control enclosure shall be located directly above the cable tray per the drawings and shall be comprised of the following accessories. a. Provide one (1) two port entry panel, with 4" ports; SiteProl P/N E1448. b. Provide one (1) four hole, 4" boot assembly; SiteProl P/N BALR44. C. Provide four (4) 4" cap; Site Prol P/N CAP4. d. Provide one (1) junction box covering the exterior of the SiteProl equipment to provide waterproof connections between conduit antenna masts and the SiteproI equipment. U. Telecommunications control board: 1. 8' -0" w x 4' -0" h 2. 7/16" thick. 3. White FRP veneer plywood over 7/16" OSB backer with flush transition trim to wall liner. V. CONTROL ENCLOSURE WIRING AND DEVICES: 1. General: a. Work shall be done in accordance the latest edition and revision of the National Electric Code (NEC). b. Work shall be done in a workmanlike manner in accordance with the latest applicable standards. C. Material shall be new of the types specified and shall bear the approval of the Underwriter's Laboratory (UL) where applicable. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-18 d. Control Enclosure manufacturer shall pre -wire the Control Enclosure as much as practical prior to shipping. e. Wiring shall be in cable tray unless specifically noted otherwise. 2. Cable and Accessories: a. Shall be in accordance with NEC and NEMA WC publications, as specified. b. Shall be round, except for two -conductor cable with parallel conductors. C. Class B or Class C copper conductor. d. Shall have an American Wire Gauge (AWG) designation. e. Shall have coverings for insulation suitable for installation in a vertical position without injury to the covering or deformation of the insulation when supported in accordance with NEC article 300-19. f. Single -conductor No. 10 AWG and smaller used in branch circuits shall have colored or identified insulation as follows: Phase A black or orange Phase B red or yellow Phase C blue or brown Neutral white or gray g. Unless otherwise indicated, cables for all control, alarm, and relaying circuits except control circuits for heating, ventilating, and lighting shall be 600-volt insulated, multiconductor type suitable for installation in trays, conduits, and general use. h. Individual conductors shall be insulated with NEC type XHHW insulation and color coded. Minimum insulation thickness as follows: (1) No. 10 AWG 30 mils (0.76 millimeters) (2) No. 12 AWG 30 mils (0.76 millimeters) (3) No. 14 AWG 25 mils (0.63 millimeters) i. Self-locking Cable Ties: Thomas and Betts molded Zytel No. 101 nylon "TYRAP" or equal. j. Cable Pulling Lubricant: Polywater or other approved material not injurious to cable sheath. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-19 k. Splicing Connectors: Where authorized, may be soldered, crimp, or compression type. (1) For joining two wires No. 5 AWG and smaller: Buchanan Pres-SURE Splice Cap Connector, 3M Scotchlok Spring Connectors, or equal. (2) For splicing conductors in multiconductor cable: Two-way type, compression, Thomas and Betts STA-KON, or equal. (3) For No. 8 AWG and smaller: Cables shall be spliced or joined as to be mechanically and electrically secure before being soldered. (4) For splicing shielded cables: Care shall be taken to insure that the shielding braid is continuously connected across the splice. Terminations: Shall be solderless-type lugs and connectors where used for joining or connecting cables to terminal blocks or devices. (1) For wire No. 8 AWG and smaller: Pre -insulated pressure - crimp type terminal connectors with ring tongues equal to AMP "Plastic -Grip" terminals manufactured by Aircraft - Marine Products, Harrisburg, Pennsylvania or equal. (2) Plastic Tags: Panduit or equal with a UV rating. 3. Outdoor AC Disconnect Switch: a. Heavy duty safety switch, 240 VAC, single phase, 3 wire, NEMA 3 enclosure, outdoor, fusible, 2-pole with factory solid neutral. b. Continuous rating shall be 600 amps. C. Square D H226NR, or equal. d. Fuses: (1) Fast acting, current limiting, 250VAC. (2) Bussman KTN-R-600, or equal. (3) Provide one spare fuse for each installed. e. Drip shield shall be provided above the disconnect switch. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-20 4. Outdoor Metering CT Cabinet: a. Heavy duty current transformer cabinet. b. Wall mounted on exterior of Control Enclosure as shown on the drawings. C. 240 VAC, single phase, 3 wire, NEMA 3R enclosure. d. Enclosure: (1) 30 inches wide. (2) 48 inches tall. (3) 16 inches deep. (4) Include 3 point latch door with padlockable handle. (5) Include sub -panel and electrical termination accessories. (6) Include bracket for wall mounting. (7) Cabinet type ME483015WM, or equal. e. Rated 600 amps. f. Furnish American Midwest Power ALICT6-3, or equal. g. Drip shield shall be provided above the cabinet. h. Current transformers and meter furnished and installed by Owner. 5. Automatic Transfer Switch: a. Automatic, 300 series "J", Solid Neutral. b. Open transition, utility to utility transformer switching. C. 3 wire, 120/240V AC, Single phase, 60 Hz, 2-pole. d. Asco Series 300 Model 4J03ATSA20600FGXC18RX, no equal. e. Specifications: (1) Withstand capability: (time duration — 1.5 cycles) 20 times continuous current rating. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-21 (2) Shall be designed to automatically initiate transfer from the normal source to the emergency source due to an interruption of any or all phase of the normal source. (3) Shall be capable of interrupting both inductive and non - inductive loads. (4) Shall be actuated by an electrical operator in 10 cycles or less from time of loss of normal source to connection of emergency source not including any purposeful time delay. (5) Voltage sensitive relays shall initiate automatic transfer of all loads from the normal source to the emergency source whenever any phase voltage of the normal source drops below 80% and shall automatically re -transfer back to the normal source when the phase voltage reaches 90%. (6) Shall be a double throw mechanically held switch positively interlocked mechanically and electrically such that under any condition, movement of the normal set of poles is accompanied by a movement of the emergency set of poles. The switch shall be constructed of parts designed and spaced for double throw use and arranged to prevent a momentary or sustained neutral position either electrically or mechanically. (7) The operating mechanism shall be designed such that welding of one or more contacts in the power circuit does not occur at the withstand capability specified. (8) Operating mechanism shall be designed so that the normal and emergency source contacts are mechanically held in a rigid position in both the open and closed positions. (9) Components shall be readily accessible for replacement from the front of the panel without disassembly of the major parts of the switch. (10) Normal and emergency source contacts shall be silver alloy or silver plated copper. Transfer switch control voltage shall be 240 volts VAC. (11) Shall have arc barriers on all poles. (12) Shall carry rated current without overheating. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-22 0 (13) Adjustable time delay (3 momentary outages and emergency source. second minimum) to ignore before transferring load to (14) Adjustable (2 minute minimum) time delay on retransfer to normal source. (15) Auxiliary contacts shall be provided to close an indicating circuit when the load is connected to the normal or emergency source, when either source is available or unavailable. (16) The transfer switch shall be equipped with a manual operating handle and with instructions for its proper use. (17) Provide a test switch that will permit the transfer switch to transfer to the emergency source for a simulated failure of the normal source. (18) Provide clamp type terminal lugs to accommodate 2-350 KCMIL stranded conductor copper cable for each phase connection and 2-350 KCMIL, stranded copper cable for each neutral connection. AC Load Center: a. 3 wire, 240 VAC, single-phase. b. Solid copper neutral, solid copper ground bar, copper mains and feeders mechanically restrained. C. Provide clamp type terminal lugs to accommodate 2-350 stranded copper cable for each phase connection. d. Rated 600 amps with main breaker sized as indicated on Drawings. e. Feeder breakers sized per Drawings. f. Shall have number of spaces indicated on Drawings. g. Breakers shall be 65,000 AIC or larger. h. Enclosure: 73" H x 32" W x 9.5" D — Type 1. Square D HC3273DB9, or equal. i. Cover: Square D HCM73TSD, or equal. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-23 j. Panel: Top Feed, Square D I-LINE-120/240VAC-600A-65K, or equal. k. Panel shall be manufactured by Square D, Eaton or Siemens, or approved equal. 7. AC Distribution panel: a. 3 wire, 240 VAC, single-phase. b. Solid neutral with grounding kit and cover. C. Surface mounted. d. 5.75" D x 20" W. e. Rated 225 amps with main breaker sized as indicated on Drawings. f. Feeder breakers sized per Drawings. g. Shall have number of spaces indicated on Drawings. h. Breakers shall be 35,000 AIC or larger. i. Enclosure: 48" H x 20" W x 5.7" D — Type 1. Eaton EZB2048R, or equal. j. Cover: Eaton EZT2048S, or equal. k. Panel: Type PRL2A, Eaton. 1. Panel shall be manufactured by Square D, Eaton or Siemens, or approved equal. 8. Battery Charger: a. AC input shall be 240 volts. DC nominal output shall be 125 volts. b. Charger to be rated for 50 amperes. C. Charger to include the following options: (1) Filter circuit for 30 millivolt ripple. (2) DC volt meter. (3) DC ammeter. P:A04\285\07\DocASpecACntEncl ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-24 (4) Equalize switch. (5) 24-hour equalize timer. (6) AC circuit breaker. (7) DC circuit breaker. d. Battery eliminator circuit. (1) Battery eliminator do filtering option adds additional stability to the output ripple of the battery charger per standard NEMA PE5-1996. This allows the unit to be used as a power supply, therefore "eliminating" the need for a battery. e. Temperature compensation probe. f. Battery ground detector circuit with a visual alarm indicator and output contact. g. Microprocessor control with digital display meter and push-button operation for setting changes, etc. h. Provide an alarm panel that can be wired to each device. Provide form C contacts. i. The alarm panel shall be easily accessible from the front door without having to remove any side panels. j. Local indication (annunciating lights) shall be provided for the following conditions: (1) Loss of AC Supply (2) High Voltage DC Output (3) Low Voltage DC Output (4) Ground Detection (positive and negative source) (5) Charger Failure (no DC current) (6) A single combined alarm contact for the above conditions shall be provided for the customer's use. k. Shall not subject connected solid state or digital equipment to surges more severe than those prescribed by IEEE and ANSI Standards for P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-25 surge withstand capabilities of electronic equipment in power system substations. The DC continuous output voltage shall not exceed 106% of the rated equalize voltage to prevent damage to solid state equipment, even with the battery disconnected. The DC continuous output voltage shall not exceed 106% of the rated equalize voltage to prevent damage to solid state equipment, even with the battery disconnected. M. Capable of a voltage regulation of + 1 percent of the output for a variation of + 10 percent in the AC line voltage and from 0 to 100 percent load. n. Shall be filtered to provide a maximum of 30 mV rms ripple within its rating with the battery connected. o. Shall have an ammeter, either digital or analog (if analog, scale to match the output in amperes DC with divisions in tenths) with an accuracy of two percent or better. p. Shall have a voltmeter, either digital or analog (if analog, meter shall cover a voltage range of 0 - 150 or 0 - 60 VDC with divisions in tenths) with an accuracy of one percent or better. The meter shall not have a suppressed zero scale. The voltmeter shall be connected to the load side of the DC circuit breaker. q. The battery charger shall have an equalizing charge timer and an ON -OFF equalizing switch. r. The accessories are to be mounted within the charger enclosure with all external connections available at terminal blocks identified accordingly. Accessibility for maintenance is to be a prime consideration in the arrangement of all accessories. S. Shall deliver its rated output without exceeding safe temperature limitations in an ambient temperature of 40 degrees Celsius. t. Shall be capable of operating as a DC power supply without the station batteries connected. U. The AC input (supply) shall be protected by a circuit breaker. V. The DC output shall be protected by circuit breakers in both the positive and negative lines. W. An automatic current limiting device shall limit the charging current during overloads to a value that will not damage the charger, cause P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-26 tripping of breakers or opening of fuses in the input or output circuits when the charger is connected to a completely discharged battery (cell voltage of 1.75 Volts/cell to be considered as completely discharged). X. A protective device is to be provided to prevent the output of the charger acting as a burden on the battery during loss of AC power. Battery charger shall be tested in accordance with the requirements of NEMA PE 1, Section 7. y. Wall mounted, NEMA 1 enclosure, finished with ANSI 61, light gray- Z . Provide Hindle Type ATevo, P/N ATEV-1-130-040-E-240-S-S-X- 2-XXX-X-X-1, No Equal. Provide communications kit EJ5037-04, no equal. 9. 125 VDC Battery bank and accessories: a. Manufacturer to supply and install rack, spill tray, pillows for battery bank, fused disconnects, conductor and DC junction boxes. b. The battery bank will be furnished and installed by Others. C. Battery Bank (Furnished and Installed by Others): (1) 130 VDC nominal, 200 AH capacity, 60 cell consisting of 30 jars. (2) Flooded. (3) BAE Type OPzS, 60-6V 4 OPzS-200-N7. (4) Cell lifting device. (5) Inter -cell step connectors, hardware, and terminal plates. (6) Clamp type terminals to accommodate 4/0 copper cable connections. d. Battery rack: (1) 2 Tier, 10'-0" maximum length. (2) Battery rack shall be sized to support the battery bank. (3) BAE Type T-13200112013, no equal. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-27 (4) Rack shall fit in the space allowed as shown on the drawings. e. Spill containment: (1) Provide battery spill containment liner system with pillows that match the required battery rack. (2) Provide BAE SPKT 124-19, no equal. (3) Spill containment dimensions: 124" L x 19" W x 4" H. f. DC disconnect switch: (1) Heavy duty, 2-pole minimum. (2) Rated 125 VDC, 400 amperes. (3) Enclosure: Rated for indoor use. (4) Install 300 A fuses, Bussman FRN-R-300, no equal. (5) Provide one spare fuse for each fuse installed. (6) Manufacturer: Square D D225N, or equal. (7) Include double lug kit for terminating multiple conductors. g. DC Junction Box: (1) Enclosure: Type 1, 24" x 24" x 8", Screw Cover (2) Manufacturer: Hoffman A24N24BLP. (3) Power distribution block to accommodate conductor connections shown on the drawings shall be Marathon, Burndy, or equal. 10. DC Distribution Panel: a. Rated 125 VDC, 225 amps. b. Circuit breakers shall be two (2) pole molded case circuit breakers suitable for operation at 125 VDC and rated 14,000 AIC, bolt -on type. C. Main and branch breakers shall be of current rating shown on the Drawings. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-28 d. Panel shall be complete with all main and branch breakers and all spaces for future branch breakers as shown on the Drawings. e. Breakers shall be bolt on type. f. Enclosure: 72" H x 20" W x 5.75" D, Type NEMA 1, Eaton EZB2072R, or equal. g. Cover: 72" H x 20" W, Eaton EZT2072S, or equal. h. Panel: Copper bus, 72 spaces, Eaton PRL2A, or equal. i. Panel shall be manufactured by Siemens, GE, Eaton or approved equal. 11. Lighting Junction Box: a. Enclosure: (1) NEMA 1 enclosure, 30" H x 30" W x 8.625" D, Hoffman A30N30BLP, or equal. (2) Include sub -panel. (3) Furnish Hoffman or equal. b. Auxiliary relays: (1) Omron G7J3AIBBWIAC100120, or equal. (2) Terminal blocks as required. (3) Ground terminal block. 12. Grounding: a. Service equipment and neutral conductor shall be grounded to the station ground bus. b. Conductor size shall be per NEC requirements. C. Control Enclosure wiring conduits and enclosures remote from the service entrance equipment shall be deemed to be grounded by means of the conduit system. d. Conduit shall be installed so as to be grounded and electrically continuous. P:A04\285\07\DocASpecACntEnc1 ContrPnMutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-29 e. If conduit is not continuous, non-metallic, or if flexible is used, a separate grounding conductor shall be installed. f. Grounding continuity between a grounded outlet box and the grounding circuit of the receptacle shall be established by means of a bonding jumper between the outlet box and the receptacle grounding terminal. (1) Outlet box shall be provided with an appropriate grounding screw terminal to meet this requirement. (2) Exceptions to this requirement shall be as allowed in the NEC, Section 250. 13. Lighting Fixtures: a. Interior AC LED Lighting Fixtures: (1) 50 Watt LED type, 5,000 lumens, 4000K color. (2) Surface mounted on ceiling at locations shown on Drawings. (3) Unit shall have acrylic light -diffusing cover. (4) Manufactured by Cree type LS4 or equal. b. Interior DC LED Lighting Fixtures: (1) 15 Watt LED type, 4000K color. 120VAC Triac LP3 driver. (2) 6 inch surface mount, round/dish style, white finish. (3) Fixtures shall be ceiling mounted in locations shown on Drawings. (4) Unit shall have an SD3 double diffuser. (5) Fixtures shall be manufactured by Silescent Lighting type S06-AC or equal. C. Outdoor Entrance: (1) Unit shall be carbon bronze with 5000 K bright white color. (2) Fixture and mounting shall be weatherproof. (3) Rated 26 Watts, 140 VAC, LED type with internal photocell control. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-30 (4) Mounted above Control Enclosure doors on the exterior of the Control Enclosure as shown on the Drawings. (5) Furnish RAB SLIM26, or equal. d. Photocell: (1) Wired for outdoor yard light control. (2) Photocell control shall be external and shall be rated for 120 VAC operation, sized for 1800 VA load. Housing shall be weatherproof. Provide Intermatic EK4136S, or equal. (3) Mounted away from the substation yard light on the side of the Control Enclosure as shown on the Drawings. Photocell shall control yard lights as shown on the drawings 14. Alarms and Detectors: a. Smoke Detection: (1) Quantity shall be as indicated on the Drawings. (2) Detector shall operate on the photoelectronic light scattering principle and shall be listed by Underwriter's laboratory. (3) Detector shall contain an infrared LED light source and a light sensing photodiode. (4) Components shall be positioned such that when smoke particles enter the sensing area, light from the LED reflects onto the photodiode. (5) When the amount of light reflected on the photodiode reaches a predetermined level, the detector shall latch into alarm. (6) Detector shall mount on a 4" octagon junction box. (7) Rated 120 VAC with one (1) Form `A' alarm contact. (8) Multiple alarm contacts shall be paralleled and wired to the alarm junction box. (9) Provide Gentex or approved equal. (10) Alarms shall be wired to an alarm terminal box. P:A04\285\07\DocASpecACntFncl ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-31 b. Door Alarms: (1) Each door shall have an entry alarm switch. (2) Switches shall be magnetic type. (3) Color: Gray. (4) Switch contacts shall be Normally Open (N.O.) when doors are closed. Contacts rated for 125 VDC operation. (5) Manufacturer shall be AMESCO or equal. (6) Multiple alarm contacts shall be paralleled and wired to the alarm junction box. C. Temperature Sensor alarms: (1) Provide high temperature alarm with adjustable alarm range of 70-140°F, with one SPDT relay output, Honeywell 4T631 A 1022, Dayton 4LZ94, no equal. (2) Provide low temperature alarm with adjustable alarm range of 35-100°F, with one SPDT relay output, Honeywell 4T631A1006 Dayton 4LZ94, no equal. (3) Set low temperature alarm at 55°F and high temperature alarm at 80°F. (4) Wire each high and low temperature alarm separately to RTAC inputs via the alarm junction box. The wired alarm contacts shall be closed in the alarm state. d. Hydrogen Sensor: (1) Mount sensor above battery bank as indicated on Drawings. (2) 120 VAC power. (3) Manufacturer shall be SBS part No. SBS-H2, no equal. (4) Include an extra hydrogen sensor with 50 feet of cable. SBS part No. H2-Sensor-50FT, no equal. e. Alarm Junction Box: (1) All Control Enclosure alarms shall be wired into an alarm terminal box. (2) Enclosure shall be rated for indoor use and utilize a hinged door. (3) Size of alarm junction box shall be 24" x 24". P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-32 f. Wiring Devices: (1) Switches and Outlets: Rated 20 amps, white. (2) Contactors: Square D, Class 8903, no equal, with ratings shown on Drawings. 15. Eye -Face -Body Wash: a. Furnished and installed by Others. 16. Fire Extinguisher: a. Furnished and installed by Others. 17. Nameplates: a. Furnish and install nameplates for all devices/equipment supplied. b. Nameplates shall be laminated plastic, adhesive -type securely fastened to the panel, switch plate or wall. C. Shall be white lettering on black background, wording as shown on the drawings. PART 3 - EXECUTION 3.01 INSTALLATION A. Control Enclosure: 1. Contractor shall place final, completed, correctly aligned control enclosure onto the foundation. 2. Enclosure shall be securely fastened to the foundation. 3. All exposed concrete in control enclosure shall be sealed. B. Cabling: 1. Shall be installed in accordance with the Drawing requirements, these specifications, and NEC requirements where applicable. 2. Contractor shall completely install cables. 3. Sufficient length shall be left at the ends of the cable to make connections conveniently to equipment, fixtures, and devices. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-33 4. Pulling: a. Cables shall not be pulled into conduits until the circuit runs have been cleaned and are free from obstructions and sharp corners. b. A clean, dry, tight -fitting rag shall be drawn through the conduit immediately before installing the insulated conductors. C. Cables shall be installed so there will be no cuts or abrasions in the insulation or protective covering, or kinks in the cable. d. Gradual and uniform pulling stresses only will be permitted on the cable. e. Lubricants may be used to aid in cable pulling where required. 5. Any cable damaged during installation shall be removed and replaced with equivalent cable at the Contractor's expense. 6. Splices: a. No splices shall be made unless authorized by the Owner. b. Where authorized, they shall be permitted only in boxes, outlets, panelboards, cabinets, and cable trays. C. All splices or joints shall be covered with insulation equal to that on the insulated conductors. d. Where authorized, joints and splices for copper conductors may be the soldered type or the crimp or compression type. 7. Solderless-type lugs and connectors shall be used for joining or connecting cables to terminal blocks or devices. 8. Connectors shall be suitable for use on the particular conductor on which the connector is used. 9. Cable entering equipment shall be securely clamped by means of approved commercial cable clamps. 10. Cables installed in sleeves under equipment shall have the openings blocked with foam rubber material approved by the Engineer. 11. Cables passing through sleeves or blockouts may have the openings blocked by urethane foam equal to isofoam PE-2 in lieu of clamps or woven grips for supporting cables or in lieu of foam rubber. P:A04\285\07\DocASpecACntBncl ContrPnl\Hutchinson, MN - Furnishing Ctrl Fncl and Ctrl Pnl - 428507-IFB.docx TS-34 12. Panelboard wiring shall be permanently supported and clamped to prevent loosening or shifting. 13. Cable shall be installed without exceeding the maximum allowable pulling tensions and sidewall pressures as recommended by the cable manufacturer. * * * END OF SECTION * * * P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-35 CONTROL PANELS PART 1 - GENERAL 1.01 SCOPE: A. The Advertisement for Bids, Instructions to Bidders, Bid Form, and General Requirements of the Contract are hereby made part of this section. B. It will be assumed that the manufacturer is quoting in strict conformance with these specifications unless the quotation includes a statement and description of proposed exceptions. C. Work under this Section includes manufacturing, furnishing, and delivering control panels as herein specified and shown on the Drawings. Work includes, but is not limited to, furnishing, delivering to site, and installation of control panels. Work also includes all control cable connections between the Control Panels and any devices within the Control Enclosure. D. Material furnished by Others: 1. Control cable connected to external equipment outside the Control Enclosure. E. Work performed by Others: 1. Control cable installation and wiring terminations for cables connected to external equipment. 2. Field testing and commissioning of the control panels. 1.02 SUBMITTALS: A. See General Requirements for submittal procedures. B. Control panel manufacturer shall be responsible for developing structural diagrams of the control panels for Engineer approval. 1.03 WARRANTY: A. See General Requirements for warranty requirements. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-36 PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS: A. Electrical Power Products, Inc. — Des Moines, IA. B. Harold K. Scholz Company — Ralston, NE. C. Keystone Electrical Manufacturing Co. — Des Moines, IA. D. Or equal prior to bid. 2.02 SUBSTATION CONTROL PANELS CONSTRUCTION: A. Typical control panel: l . Shall be a free-standing panel with the meters, control, and relays mounted on the front panel as indicated on the Drawings. 2. External equipment shall be rack mounted type. 3. The frame for the control panels shall be formed of welded angle structural members. The outside frame width shall be 30 inches and depth 26 inches with drilling provided for bolting future matching units together to form a continuous row of panels. 4. See details on the drawings for general and detailed layout of the panels. 5. The top shall have openings to accommodate cables from a cable tray mounted above the control panels. 6. Side plates shall also be welded to the frame and equipped with subpanels for terminal blocks, panduit, and wiring straps, as required. These shall be provided on each side of the panel to accommodate the termination of internal and external control wiring. 7. A 2" x 6" horizontal wire way to accommodate external control wiring into and between panels shall be provided near the top of the control cabinet. The wire way shall be designed to permit the extension of the wire way through a row of panels with side panel cutouts and covers as required. 8. A convenience outlet and light shall be provided in each control panel section. 9. Rear door shall be equipped with an equipment mounting panel for auxiliary devices. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-37 B. Instrumentation, Control, and Relaying: l . See the drawings for an equipment list for the Control Panels. 2. The Control Panel Manufacturer shall include any substitutions or modifications to the equipment list with their proposal. C. Control Wiring: 1. Manufacturer shall wire each individual panel, panel -to -panel, and panel - to -other enclosure device interface wiring prior to shipment to site (or onsite during installation). The wiring diagrams shall be developed (by the Engineer) to show all inter -panel connections. 2. Switchboard type, rated for 90' C operation. 3. CT secondary circuit wiring shall have 410 AWG wiring, red in color. 4. PT secondary wiring shall be 412 AWG wiring. All other wiring shall be 414 AWG minimum, unless noted otherwise. 5. Equipment ground wiring shall be 412 AWG, green in color. 6. Installed, bundled, and tied in a workmanlike manner. 7. Wireways and plastic wire ties shall be used to direct and secure wire in a neat manner. 8. Control cables shall be connected to terminal blocks with self -insulated round -tongue solderless connectors. 9. Plastic markers shall be blaced on each conductor and cable to brovide identification using destination tagging as shown on the wiring diagrams. This aplies to all multi -conductor cable. Additionally, all SIS and control cable conductor wiring shall use the destination tagging labeling method as shown on the wiring diagrams. 10. Circuits between the external equipment (defined as equipment exterior to the Control Enclosure) and control panels shall be via the terminal blocks mounted in the control panel. All external control panel wiring (multi - conductor control cable) will be furnished and installed by Others. 11. Control and relaying terminal blocks: GE type E13251312, no equal. 12. Bottom terminal in each shorting type block shall be tied to ground as indicated in the final wiring diagrams P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-3 8 13. Shorting Terminal Blocks: GE type EB27B04S, no equal. Terminals on blocks shall be furnished with screws and washers. D. Grounding: 1. Install a copper ground bus bar, 1/4 inch x 1 inch, near the bottom of the control panel across the full length of the control panel for control and relay grounding. 2. Ground bus shall be designed to permit the extension of the ground bar through a row of panels with side panel cutouts and covers as required. Provisions shall be provided for connecting the ground bus of adjacent control panels together so that the ground bus bar extends continuously through the entire panel line-up. 3. Bus joints on the ground bus bars shall be bolted. 4. Provide a means of securing meters, relays, and control devices to the mounting panels such that any metal case of these devices is grounded to the panel, not insulated from the same by paint or panel finish. E. Finish: 1. Steel surfaces shall be chemically cleaned and treated to provide a bond between the primer paint and metal surfaces. 2. Steel shall be finished with a minimum of one (1) primer coat and two (2) coats of unfinished paint. 3. Exterior Finish Paint: Indoor light gray ANSI 461. 4. Interior Finish Paint: white semi -gloss. PART 3 - EXECUTION 3.01 TESTING AND CHECKOUT PROCEDURES: A. The Manufacturer shall perform all production tests required by the applicable standards and these specifications. Tests on each control panel assembly and between control panel assemblies shall include, but not be limited to, the following: 1. Mechanical operation tests. 2. Functional tests. 3. Control wiring continuity tests. P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-39 B. Manufacturer shall perform all tests required by its Quality Assurance Program to ensure that this product will maintain its high -quality standard of materials and reliability in operation. C. After the installation of equipment by the Manufacturer, connection to external equipment by Others, and prior to energizing of the same, several types of tests will be performed by the Owner or an independent testing company hired by the Owner. Tests included will be: I. Functional testing of all equipment. 2. Functional testing of all control schemes. 3. Acceptance and commissioning testing of all relays and devices. 4. Phase angle and magnitude testing of all equipment. D. The Manufacturer shall be available for telephonic consultation as needed during the field testing and commissioning phase as questions or issues arise. If issues/deficiencies are discovered with the control panels during the testing/commissioning phase, the Owner reserves the right to require the Manufacturer to provide field personnel immediately to resolve the issues/deficiencies. 3.02 DELIVERY AND INSTALLATION: A. Protect the painted surfaces during shipping to preserve the factory -applied finish and provide touch-up paint for any areas that may have become scratched during the shipping, unloading and installation process. B. In addition to painted surfaces, protect any equipment displays, control switch handles, clear glass doors, and/or other instruments from being scratched or damaged. C. Install and wire the control panels in the enclosure at the Manufacturer's facilities, and then ship the enclosure and control panels as two (2) halves. Once the Enclosure is set on the pad and joined together, the control cable wiring between the 2 halves shall be reconnected by the Manufacturer at the project site. D. Control cable wiring between the AC and DC panels, alarm junction box, and the control panels and control cable wiring between the two (2) lineups of control panels shall be reconnected after the control enclosure is on the Owner's pad. * * * END OF SECTION * * * P:A04\285\07\DocASpecACntEnc1 ContrPnl\Hutchinson, MN - Furnishing Carl Fncl and Carl Pnl - 428507-IFB.docx TS-40 MATERIAL AGREEMENT THIS AGREEMENT made as of October 3 , 2024 between Electrical Power Products, Inc. (EP2) — Des Moines, Iowa (hereinafter called the "Contractor"), and Hutchinson Utilities Commission - Hutchinson, Minnesota (hereinafter called the "Owner"), WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: 1.01 SCOPE OF WORK. A. The Contractor agrees to sell and deliver to the Owner and the Owner agrees to purchase and receive from the Contractor equipment in strict accordance with the documents entitled "Furnishing a Control Enclosure and Control Panels" for Hutchinson Utilities Commission - Hutchinson, Minnesota. 1.02 THE CONTRACT DOCUMENTS. A. The Contract Documents shall consist of this written Agreement, Bid Form, Advertisement for Bids, Instructions to Bidders, Addendums issued numbers 2, Insurance Policies and Certificates, General Requirements, Performance Bond, Drawings and Specifications, tests and engineering data, approved Change Orders, Contractor's Requests for Payment, and all Addenda issued by the Owner prior to the awarding of the Contract (collectively, the "Contract Documents"). All of the Contract Documents listed in this Material Agreement are hereby incorporated by this reference as fully as if they were set out in this Agreement in full, all of which documents and instruments are incorporated by the signature of the parties hereto. 1.03 TIME OF COMPLETION. A. The work to be performed under this Contract shall be commenced upon execution of this Agreement. Material shall be fully delivered by October 3, 2025 [To be updated with Contractor's guaranteed delivery date]. 1.04 THE CONTRACT SUM. A. The Owner shall pay the Contractor for the equipment, in current funds: The Owner shall pay to the Contractor for performance of the work encompassed by this Agreement, and the Contractor will accept as full compensation therefore the lump sum of one million, five hundred fifty thousand, thirty-five and 00/100 dollars ($1,550,035.00), subject to adjustment as provided by the Contract Documents, to be paid by progress payments in cash or its equivalent in the manner provided for in the Contract Documents. P:\04\285\07\Doc\Spec\CntEncl—ContrPnl\Contract Docs\Agreement 428507 EP2.docx MA -I 1.05 PAYMENT. A. Payment to the Contractor for the equipment shall be made on the basis of ninety five percent (95%) of the Contract Price for the equipment, within 30 days of receipt of the equipment in acceptable condition and associated invoice. Payment shall be made for the remaining 5 percent (5%) of the Contract Price, less calculated penalties, within 30 days after final completion, field dressing, field installation, and receipt of test reports, final Drawings, certification by the Engineer, and associated invoice. 1.06 LIQUIDATED DAMAGES: A. Contractor and Owner recognize that time is of the essence and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): B. Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in the Instruction to Bidders for completion until the Work is complete. 1.07 TERMINATION. A. This Agreement may be terminated by either parry upon seven (7) days written notice should the other parry breach the terms of this Agreement and, that parry fails to initiate and diligently pursue a cure to such breach within the seven (7) day period after receiving such written notice. Further, any delay, suspension or termination of an order for convenience will be subject to Contractor's Cancellation and Delay Policy, as attached to Contractor's quote. 1.08 ASSIGNMENT. A. The Contractor shall not assign all of his rights or obligations under this Agreement without the express written consent of the Owner. Upon any assignment even though consented to by the Owner, the Contractor shall remain liable for the performance of the work under this Agreement. 1.09 PARTIAL INVALIDITY. A. If any provisions of this Agreement are in violation of any statute or rule of law of the State of Minnesota, then such provisions shall be deemed null and void to the extent that they may be violative of law, but without invalidating the remaining provisions hereof. P:\04\285\07\Doc\Spec\CntEncl—ContrPnl\Contract Docs\Agreement 428507 EP2.docx MA-2 1.10 WAIVER. A. No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Agreement by the Owner shall be deemed or imply or constitute a waiver of any other agreement, term, condition or covenant of this Agreement. The failure of the Owner to insist on strict performance of any agreement, term, condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the Owner's rights thereafter to enforce any other default; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable the Contractor to forgo or subvert or otherwise disregard any other agreement, term, condition or covenant of this Agreement. 1.11 ENTIRE AGREEMENT. A. The within Agreement, together with the Contract Documents, constitute the entire agreement of the parties hereto. No modification, change, or alteration of the within Agreement shall be of any legal force or effect unless in writing, signed by all the parties. 1.12 COUNTERPARTS. A. This Agreement may be executed in several counterparts and each such counterpart shall be deemed an original. 1.13 GOVERNING LAW. A. Venue for any and all legal actions regarding or arising out of the transaction covered herein shall be solely in the District Court in and for McLeod County, State of Minnesota or the United States District Court for the State of Minnesota. This transaction shall be governed by the laws of the State of Minnesota. 1.14 INSURANCE REQUIREMENTS. A. The Contractor shall secure and maintain such insurance policies as specified in the General Requirements of this Contract. 1.15 NOTICES. A. All notices, requests, demands and other communications given or to be given under this Agreement shall be in writing and shall be deemed to have been duly given when served if served personally, or on the second day after mailing if mailed by first class mail, registered or certified, postage prepaid, and properly addressed to the party to whom notice is to be given as set forth below. P:\04\285\07\Doc\Spec\CntEncl—ContrPnl\Contract Docs\Agreement 428507 EP2.docx MA-3 If to Owner: Hutchinson Utilities Commission 225 Michi an Street SE Hutchinson, MN 55350 1.16 RISK OF LOSS. If to Contractor: Electrical Power Products Inc. 4540 Army Post Road Des Moines. IA 50321 A. Risk of loss of the Equipment shall remain with Contractor until the Equipment has been unloaded, inspected, and accepted by the Owner or Owner's Representative, at which time risk of loss shall pass to Owner. Notwithstanding the foregoing, if Owner rejects the Equipment as non -conforming, risk of loss of the Equipment shall be and remain with Contractor until Contractor corrects the non -conformity or Buyer accepts the Equipment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives all as of the day and year first above written. Hutchinson Utilities Commission Owner Sign: Print: ATTEST Sign: Print: Electrical Power Products, Inc. Sign: Print: ATTEST r� Sign. _..... ........_._ Print: P:\04\285\07\Doc\Spec\CntEncl_COntrPnl\Contract Docs\Agreement 428507 EP2.docx MA-4 Appendix • Drawings (Separate) HUTCHINSON UTILITIES COMMISSION Board Action Form '�XA61Tl�`' Agenda Item: REQ #10057 - Hutchinson Substation 115kV Rebuild - Amendment #2 Presenter: D. Lang Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The attached Amendment to Task Order #7, provided by DGR Engineering, outlines the responsibilities and associated costs for the additional work required due to modifications encountered during the design process, specifically transmission line and storm water improvements. As this is a transmission project, expenditures used for this rebuild will be able to be recovered via the Great River Energy joint pricing zone transmission agreement. Attachments: -Task Order No. 7, Amendment #2 OCT 2024 BOARD ACTION REQUESTED: Approval of requisition #10057 to DGR Engineering Fiscal Impact: $128,000 Included in current budget: No Budget Change: No PROJECT SECTION: Total Project Cost: Remaining Cost: AMENDMENT #2 RE: Amendment to Task Order No. 7 Hutchinson Substation 115 kV Rebuild Hutchinson Utilities Commission, Hutchinson, MN DGR Project No. 428507 Original Task Order Date: February 28, 2023 Amendment Date: October 30, 2024 Amendment Items: This amendment adjusts the scope of work, project budget, and fee as follows: 1. Design and construction engineering services for the revised project scope which includes additional transmission line structures, 69 kV box structure equipment modifications, and additional storm water improvements for the project. The project and associated scope of work includes the items as listed in the original task order, along with the described scope additions and transmission line circuity adjustments. 2. Updated Project Budget Estimated construction cost Contingency and engineering 3. Updated Fee Arrangement: $12,180,603 $3,045,000 Subtotal: $15,225,603 Fee Revised Fee Changes Fee changes Established Original from by this by this Task order Amendment Amendment Amendment Component Fee #1 #2 #2 Fee Type Transformer Procurement $ 34,000 ** ** $ 34,000 Lump Sum Preliminary Phase 50,000 ** ** 50,000 Hourly Estimate Final Design ** 745,000 102,000 847,000 Lump Sum Bidding ** 75,000 ** 75,000 Lump Sum Construction ** 320,000 26,000 346,000 Hourly -Estimate Post Construction ** 30,000 ** 30,000 Hourly -Estimate Total $ 84,000 $ 1,170,000 $ 128,000 $ 1,382,000 P:A04\285\00\Propnt.rV 1a,➢k Order No 7 11utchinsorn Subtation 115 kV Rebuild (Amendment U2).rlocx Pape 1 42 Hutchinson Utilities Commission Hutchinson, Minnesota (Client) Title: Title: (Authorized signature and Title) (Authorized signature and Title) Address: City:_ Date: DeWild Grant Reckert and Associates Company d/b/a DGR Engineering (Consultant) .. By: _.. Title: Vice President (Authorized signature and Title) Address: 1302 South Union Street City: Rock Rapids, IA 51246 Date: 10-22-2024 P:A04\285\00\Propnt.rV Ia,➢k Order No 7 11utchinsorn Subtafion 115 kV Rebuild (Amendment U2).rlocx Pape 2 of 2 HUTCHINSON UTILITIES COMMISSION Board Action Form '�XA61Tl�`' Agenda Item: Award Contract for the Control System Upgrade Wartsila Unit #5 Presenter: Mike Gabrielson Agenda Item Type: Time Requested (Minutes): 5 New Business Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: On Oct 1 ST HUC held a bid opening for the Wartsila Unit #5 control system. Two bids were received. After reviewing the bid proposals, staff and IEM Energy Consultants are recommending awarding the contract to Wartsila for a total contract price for $513,000 Please See attached bid tabulation sheet for the bid results. BOARD ACTION REQUESTED: Award contract to Wartsila for Controls System Upgrade for Unit #5 Fiscal Impact: $513,000 Included in current budget: Yes Budget Change: No PROJECT SECTION: Total Project Cost: Remaining Cost: BID TABULATION u COMPANY NAME BASE BID BID BONY MSHS $1,250,260.00 Yes Wartsila $513,000.00 Yes