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01-30-2008 HUCMRegular Meeting January 30, 2008 Members present: President Donald H. Walser; Vice President David Wetterling; Commissioner Robert Hantge, General Manager Michael Kumm; Attorney Marc Sebora. Members absent: Secretary Dwight Bordson; Commissioner Craig Lenz President Walser called the meeting to order at 3:00 p.m. President Walser called for the Commission reorganization. Vice President Wetterling nominated Donald Walser for the position of president. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to elect Donald Walser as president. Motion was unanimously carried. Commissioner Hantge nominated David Wetterling for the position of vice president. A motion was made by Commissioner Hantge, seconded by Commissioner Wetterling to elect David Wetterling as vice president. Motion was unanimously carried. President Walser appointed Dwight Bordson as secretary. President Walser appointed Marc Sebora as legal counsel. President Walser appointed Lin Madson as recording secretary. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to designate Citizens Bank & Trust Company and Wells Fargo as depository for utility funds. Motion was unanimously carried. The minutes of the December 26, 2007 regular meeting were reviewed. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. The minutes of the January 10, 2008 special meeting were reviewed. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. The December payables were discussed. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to ratify the payment of bills in the amount of $4,461,274.18 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the financial statements/budget year-to-date. After discussion, a motion was made by Vice President Wetterling, seconded by Commissioner Hantge, to approve the financial statements/budget year-to-date. Motion was unanimously carried. GM Kumm presented contracts for services for: Legal, HR, IT and Energy Tree Planting Programs. These contracts explain the services these departments provide for HUC and fees associated with those services. After discussion, it was decided to incorporate suggested changes and bring this back to the board for approval at the next commission meeting. Commissioner Hantge explained that he talked with a new commercial customer who had concerns regarding the policy on commercial deposit requirements. After discussion, it was decided to leave the policy as is. GM Kumm explained that he talked with an existing commercial customer who paid their deposit but are now requesting a partial refund. After discussion, Vice President Wetterling made a motion, seconded by Commissioner Hantge to deny the request for a partial refund of their meter deposit. Motion was unanimously carried. Position descriptions for HUC Commissioners were discussed. This is a part of our strategic plan for 2008. Changes and additions were suggested as well as incorporating HUC’s mission statement into the position descriptions. GM Kumm will include the suggestions and bring it back to the board for approval at the next commission meeting. Independent Contractor Agreement was presented. This is an agreement between HUC and Pat Wright for janitorial services. Attorney Sebora has reviewed the contract. After discussion and suggested changes, a motion was made by Vice President Wetterling, seconded by Commission Hantge to approve the independent contractor agreement for daily janitorial services with the changes mentioned. Motion was unanimously carried. Discussion was held on the Strategic Plan – Vision Statement One – Strategic Objectives. Each section will be reviewed at upcoming meetings. A formal review of HUC’s strategic plan is done annually. Steve Lancaster presented the Professional Service Agreement with Liesch Associates Inc. for Plant 1 Fuel Oil Tank Replacement. Attorney Sebora has reviewed the agreement. A motion was made by Vice President Wetterling, seconded by Commission Hantge to approve the Professional Service Agreement with Liesch Associates Inc. for Plant 1 Fuel Oil Tank Replacement. Motion was unanimously carried. GM Kumm presented the Service Territory Agreement with McLeod Cooperative Power Association. This agreement will ensure service to the Industrial Park as well as the development east of Menards. It also ensures a good working relationship with MCPA. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to authorize the Service Territory Agreement with McLeod Cooperative Power Association. Motion was unanimously carried. Two advertisements for bids were presented. Both of these are budgeted items. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve advertisement for bids for the following: Construction and Assembly of Piping for New Centrifugal Chiller; and Chiller Building Addition. Motion was unanimously carried. Two bid tabulations were presented. Both of these are budgeted items. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve the following bid tabulations: 1/0 15 kV URD Primary Conductor – awarded to Border States Electric 40’ Aerial Man Lift Device w/Service Body – awarded to ABM Equipment & Supply Motion was unanimously carried. Six requisitions were presented. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve the following requisitions. Motion was unanimously carried. #002918 for 2008 4WH Tahoe – replaces unit 441 awarded to Thane Hawkins Polar Chevrolet #002928 for fuel oil awarded to Lube Tech Jan Sifferath will research to make sure we are in compliance with the purchasing laws on fuel oil. #002929 for CEMS Computer Upgrade awarded to Mechanical Systems Inc. #002932 for Handheld Meter Reading Devices awarded to Hydro Metering Technology #002943 for Unit 7 Power Cylinders Repair awarded to Mid-Continent Sales #002946 for Fiberglass Utility Service Body for Replacement Trucks #943 and #643 awarded to ABM Equipment and Supply Steve Lancaster presented requisition #002934 for three trucks: 2008 F350 4x4 – replaces truck 943 2008 F350 4x4 – replaces truck 643 2008 F550 4x4 – replaces truck 062 bucket truck A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve requisition #002934 for three 2008 replacement trucks. Motion was unanimously carried. GM Kumm presented the MISO TO Membership Analysis Update w/MRES. GM Kumm recommended changes for the allocation percentages for transmission expenses. After discussion, Commissioner Hantge made a motion, seconded by Vice President Wetterling to approve the MISO TO Membership Analysis Update w/MRES. Motion was unanimously carried. Because of conflicting schedules for the February Commission meeting, a motion was made by Commissioner Hantge, seconded by Vice President Wetterling to reschedule February’s meeting for March 3, 2008 at 3:00 p.m. pending a quorum. Motion was unanimously carried. Attorney Marc Sebora presented the Data Practices Act and Public Records Request Policy. Changes have been made as requested, and reviewed by GM Kumm. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve HUC Data Practices Act and Public Records Request Policy. Motion was unanimously carried. John Webster presented the Natural Gas Facility Extension Policy for discussion. Additions suggested were developing rural rates for outside the city limits. The suggestions will be incorporated into the policy and will be presented at the next commission meeting for approval. Steve Lancaster presented the Contract with Landform for Plant 1 Improvement. A suggestion for change was the external reimbursement expenses from 15% to 10%. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the contract with Landform for Plant 1 improvement with the noted changes. Motion was unanimously carried. Division reports Electric – Steve Lancaster None Gas – John Webster Started pandemic flu program Extended invitation to Commissioners for Pipeline CAER meeting Hired new employee on January 29, 2008, he quit January 30, 2008 Business – none Legal Update Met with City Council and Legislators on the Phoenix Solution plasma gasification project. They do give us full support on this project. Unfinished Business Memorandum of Understanding with MRES Tabled from September 26, 2007; October 31, 2007; November 28, 2007 GM Kumm explained his disapproval of having to get MRES’ authorization any time we enter into any kind of a renewable project. After discussion, a motion was made by Vice President Wetterling, seconded by Commissioner Hantge to table the memorandum of understand with MRES until further notice. Motion was unanimously carried. New Business GM Kumm explained that he will do some research as to the last time the Commissioners had a pay raise. He will come back to the Board with a recommendation after his research. There being no further business, a motion was made by Commissioner Hantge, seconded by Vice President Wetterling, to adjourn the meeting at 5:15 p.m. Motion was unanimously carried. _________________________ Dwight Bordson, Secretary ATTEST:_____________________________ Donald H. Walser, President Regular Meeting January 30, 2008 Members present: President Donald H. Walser; Vice President David Wetterling; Commissioner Robert Hantge, General Manager Michael Kumm; Attorney Marc Sebora. Members absent: Secretary Dwight Bordson; Commissioner Craig Lenz President Walser called the meeting to order at 3:00 p.m. President Walser called for the Commission reorganization. Vice President Wetterling nominated Donald Walser for the position of president. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to elect Donald Walser as president. Motion was unanimously carried. Commissioner Hantge nominated David Wetterling for the position of vice president. A motion was made by Commissioner Hantge, seconded by Commissioner Wetterling to elect David Wetterling as vice president. Motion was unanimously carried. President Walser appointed Dwight Bordson as secretary. President Walser appointed Marc Sebora as legal counsel. President Walser appointed Lin Madson as recording secretary. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to designate Citizens Bank & Trust Company and Wells Fargo as depository for utility funds. Motion was unanimously carried. The minutes of the December 26, 2007 regular meeting were reviewed. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. The minutes of the January 10, 2008 special meeting were reviewed. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. The December payables were discussed. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to ratify the payment of bills in the amount of $4,461,274.18 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the financial statements /budget year -to -date. After discussion, a motion was made by Vice President Wetterling, seconded by Commissioner Hantge, to approve the financial statements /budget year -to -date. Motion was unanimously carried. GM Kumm presented contracts for services for: Legal, HR, IT and Energy Tree Planting Programs. These contracts explain the services these departments provide for HUC and fees associated with those services. After discussion, it was decided to incorporate suggested changes and bring this back to the board for approval at the next commission meeting. Commissioner Hantge explained that he talked with a new commercial customer who had concerns regarding the policy on commercial deposit requirements. After discussion, it was decided to leave the policy as is. GM Kumm explained that he talked with an existing commercial customer who paid their deposit but are now requesting a partial refund. After discussion, Vice President Wetterling made a motion, seconded by Commissioner Hantge to deny the request for a partial refund of their meter deposit. Motion was unanimously carried. Position descriptions for HUC Commissioners were discussed. This is a part of our strategic plan for 2008. Changes and additions were suggested as well as incorporating RUC's mission statement into the position descriptions. GM Kumm will include the suggestions and bring it back to the board for approval at the next commission meeting. Independent Contractor Agreement was presented. This is an agreement between HUC and Pat Wright for janitorial services. Attorney Sebora has reviewed the contract. After discussion and suggested changes, a motion was made by Vice President Wetterling, seconded by Commission Hantge to approve the independent contractor agreement for daily janitorial services with the changes mentioned. Motion was unanimously carried. Discussion was held on the Strategic Plan — Vision Statement One — Strategic Objectives. Each section will be reviewed at upcoming meetings. A formal review of HUC's strategic plan is done annually. Steve Lancaster presented the Professional Service Agreement with Liesch Associates Inc. for Plant 1 Fuel Oil Tank Replacement. Attorney Sebora has reviewed the agreement. A motion was made by Vice President Wetterling, seconded by Commission Hantge to approve the Professional Service Agreement with Liesch Associates Inc. for Plant 1 Fuel Oil Tank Replacement. Motion was unanimously carried. GM Kumm presented the Service Territory Agreement with McLeod Cooperative Power Association. This agreement will ensure service to the Industrial Park as well as the development east of Menards. It also ensures a good working relationship with MCPA. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to authorize the Service Territory Agreement with McLeod Cooperative Power Association. Motion was Unanimously carried. Two advertisements for bids were presented. Both of these are budgeted items. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve advertisement for bids for the following: Construction and Assembly of Piping for New Centrifugal Chiller; and Chiller Building Addition. Motion was unanimously carried. Two bid tabulations were presented. Both of these are budgeted items. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve the following bid tabulations: 1/0 15 kV URD Primary Conductor — awarded to Border States Electric 40' Aerial Man Lift Device w /Service Body — awarded to ABM Equipment & Supply Motion was unanimously carried. Six requisitions were presented. A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve the following requisitions. Motion was unanimously carried. #002918 for 2008 4WH Tahoe — replaces unit 441 awarded to Thane Hawkins Polar Chevrolet #002928 for fuel oil awarded to Lube Tech Jan Sifferath will research to make sure we are in compliance with the purchasing laws on fuel oil. #002929 for CEMS Computer Upgrade awarded to Mechanical Systems Inc. #002932 for Handheld Meter Reading Devices awarded to Hydro Metering Technology #002943 for Unit 7 Power Cylinders Repair awarded to Mid - Continent Sales #002946 for Fiberglass Utility Service Body for Replacement Trucks #943 and #643 awarded to ABM Equipment and Supply Steve Lancaster presented requisition #002934 for three trucks: 2008 F350 4x4 — replaces truck 943 2008 F350 44 — replaces truck 643 2008 F550 4x4 — replaces truck 062 bucket truck A motion was made by Commissioner Hantge, seconded by Vice President Wetterling to approve requisition #002934 for three 2008 replacement trucks. Motion was unanimously carried. GM Kumm presented the MISO TO Membership Analysis Update w /MRES. GM Kumm recommended changes for the allocation percentages for transmission expenses. After discussion, Commissioner Hantge made a motion, seconded by Vice President Wetterling to approve the MISO TO Membership Analysis Update w /MRES. Motion was unanimously carried. Because of conflicting schedules for the February Commission meeting, a motion was made by Commissioner Hantge, seconded by Vice President Wetterling to reschedule February's meeting for March 3, 2008 at 3:00 p.m. pending a quorum. Motion was unanimously carried. Attorney Marc Sebora presented the Data Practices Act and Public Records Request Policy. Changes have been made as requested, and reviewed by GM Kumm. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve HUC Data Practices Act and Public Records Request Policy. Motion was unanimously carried. John Webster presented the Natural Gas Facility Extension Policy for discussion. Additions suggested were developing rural rates for outside the city limits. The suggestions will be incorporated into the policy and will be presented at the next commission meeting for approval. Steve Lancaster presented the Contract with Landform for Plant 1 Improvement. A suggestion for change was the external reimbursement expenses from 15% to 10 %. A motion was made by Vice President Wetterling, seconded by Commissioner Hantge to approve the contract with Landform for Plant 1 improvement with the noted changes. Motion was unanimously carried. Division reports Electric — Steve Lancaster None Gas — John Webster • Started pandemic flu program • Extended invitation to Commissioners for Pipeline CAER meeting • Hired new employee on January 29, 2008, he quit January 30, 2008 Business — none Legal Update Met with City Council and Legislators on the Phoenix Solution plasma gasification project. They do give us full support on this project. Unfinished Business Memorandum of Understanding with MRES Tabled from September 26, 2007; October 31, 2007; November 28, 2007 GM Kumm explained his disapproval of having to get MRES' authorization any time we enter into any kind of a renewable project. After discussion, a motion was made by Vice President Wetterling, seconded by Commissioner Hantge to table the memorandum of understand with MIRES until further notice. Motion was unanimously carried. New Business GM Kumm explained that he will Commissioners had a pay raise. recommendation after his research. do some research as to the last time the He will come back to the Board with a There being no further business, a motion was made by Commissioner Hantge, seconded by Vice President Wetterling, to adjourn the meeting at 5:15 p.m. Motion was unanimously carried. ATTEST: �J JZ-I� Donald H. Wals , President [1 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made by and between Hutchinson Utilities Commission, 225 Michigan St. SE Hutchinson, MN 55350 (hereinafter "HUC ") and Pat Wright, 15506 Jefferson Rd., Hutchinson, MN 55350 (hereinafter "Contractor ") on the following terms and conditions. 1. INDEPENDENT CONTRACTOR STATUS: The undersigned recognizes that he /she has been retained as an independent Contractor by HUC for the purpose of daily routine janitorial services per Appendix "A ". The Contractor recognizes and acknowledges that he /she is not an employee of HUC. 2. SERVICES: This agreement shall not cover any other or further services undertaken by Contractor except as provided in writing and executed by both parties. 3. FEE: The Contractor shall be paid a fee of $12.50 per hour; not to exceed four hours per day unless pre- authorized by HUC. 4. CONDITIONS: All equipment and supplies required to perform the tasks of this position will be purchased by HUC. Contractor will notify Purchasing Agent of materials or services needed. 5. TERM: The Contractor or HUC may terminate, without cause, this Independent Contractor Agreement. 6. MISCELLANEOUS: Contractor acknowledges that he /she is not an employee of HUC, and therefore, is not entitled to benefits, including but not limited to, vacation pay, sick leave, health insurance, retirement benefits, worker's compensation or unemployment benefits. Contractor also acknowledges that he /she is responsible to make sure that the duties of the job are completed on a daily basis. If Contractor cannot complete the task for any reason, it is the Contractor's responsibility to have resources available to complete this task. 7. INDEMNIFICATION CLAUSE: Contractor hereby agrees to indemnify, defend and hold harmless HUC, and the City of Hutchinson, from any and all claims of action or damages which arise out of the acts of the Contractor. Dated:J HUTCHINSON UTILITIES COMMISSION BY: Its: Dated: d ! U Contractor L I l APPENDIX "A" ENTRANCES AND VESTIBULES Twice /week • Dust all horizontal surfaces, including furniture tops and ledges within normal reach. • Vacuum all walk off mats and carpeted areas. Dust mop and/or vacuum all hard surface floors. Damp mop all hard surface areas. • Spot wipe glass doors removing prints and smudges • Pick up trash in area outside entrance. To include papers, bottles, cans, wrappers and other debris. Once/Week • Squeegee both sides of glass doors and wipe frames. Weather permitting. RECEPTION AREAS, OFFICES, HALLWAYS, CONFERENCE ROOMS, ETC. Daily • All waste paper receptacles emptied and trash taken to a designated area for storage or removal. Paper recycling to be taken to recycling bin. Replace liners as needed. • Clean and sanitize drinking fountains, removing water marks, scale and splashes on sides and front. Damp wipe surrounding walls. Twice /week • Dust and spot clean all fixtures and office furniture including desks, credenzas, counter tops, display units and window ledges. Spot clean high touch areas including doors, door frames and light switches. Properly position furniture in offices. • All internal glass partitions dusted; smudges and fingerprints removed. Once /week • Dust all high and low shelves, surfaces and corners beyond the reach of normal dusting. Dust all picture frames. Monthly • All fabric type furniture vacuumed or brushed clean. All plastic and leather furniture dusted. All chrome chair and table legs dusted. • All telephones cleaned and sanitized. Dust ceiling vents. Quarterly • Dust Venetian blinds Appendix "A" Continued LUNCHROOM, KITCHEN, COFFEE AREAS Daily • Empty waste paper receptacles and take to a designated area for storage or removal. Paper recycling to be taken to recycling bin. Replace liners as needed. • Dust mop or sweep hard surface floors. Damp mop or wet mop hard surface floors. Vacuum all carpeted areas. Attention to details, especially under machines, edges and corners. • Clean tables Twice /week • Clean sinks, counter tops and cabinet fronts. Spot clean the outsides of vending machines, microwaves and refrigerators. Clean inside of microwaves. • Spot clean walls, doors, door frames and ledges. • Damp wipe chrome chairs. Once /month • Empty and clean inside of refrigerator(s). • Dust or vacuum ceiling vents. RESTROOMS Daily • Empty all waste receptacles and replace plastic liners. Damp wipe any waste receptacle in need with disinfectant. • Wipe /polish all dispensers including toilet paper, hand towel, hand soap, etc. Restock all restroom products. Twice /week • Clean and disinfect wash basins, toilet bowls and urinals. Wipe outside surfaces with disinfectant. • Clean and polish all metal brightwork and mirrors removing all splatter and smudges. • Dust all horizontal surfaces. Spot clean bathroom partitions and walls around sinks, toilets, trash receptacles and dispensers. • Dust mop and /or sweep all hard surface floor areas. Mop all restroom floors with a germicidal solution paying particular attention to corners. Once /week • All restroom partitions washed and cleaned with a germicidal detergent. Monthly • Dust and clean all restroom return air vents. Advertisement for Bids for CONSTRUCTION AND ASSEMBLY OF PIPING FOR NEW CENTRIFUGAL CHILLER Hutchinson Utilities Commission Hutchinson, Minnesota Notice is hereby given that the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, hereinafter referred to as the Owner, will receive sealed Bids at the Hutchinson Utilities office until 10:00 a.m. on the 26th day of February, 2008, and will publicly open and read aloud such Bids on the following work and equipment: "CONSTRUCTION AND ASSEMBLY OF PIPING FOR NEW CENTRIFUGAL CHILLER" Proposals shall be properly endorsed and delivered in an envelope marked, "CONSTRUCTION AND ASSEMBLY OF PIPING FOR NEW CENTRIFUGAL CHILLER" and shall be addressed to: Hutchinson Utilities Commission of the City of Hutchinson, 225 Michigan Street SE, Hutchinson, Minnesota 55350. All proposals shall be submitted in duplicate on the Bidder's own letterhead in facsimile of the Proposal Form enclosed in the Specifications, or by utilizing the Proposal Form enclosed with the Specifications by typing the official name of the Bidder at the top of the form. Each proposal should be accompanied by a Bid Bond, made payable to the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, in the amount of five per cent (5 %) of the Bid, as a guarantee that the Bidder will enter into the proposed Contract and provide a Performance Bond after his Bid shall have been accepted. The successful Bidder shall furnish a Performance Bond in an amount equal to one hundred per cent (100 %) of the Contract price to the Owner prior to the approval of the Contract. No Bidder may withdraw his Bid or Proposal for a Period of thirty (30) days after date of opening of Bids. At the aforementioned time and place, or at such later time and Place as the Owner then may fix, the Owner will act upon Proposals received and with its sole discretion may award Contract(s) for the furnishing of said equipment. The work shall be started within ten (10) days after award of Contract(s). Specifications and Plans are available at the Office of the Hutchinson Utilities, 225 Michigan Street, Hutchinson, Minnesota 55350. The Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota reserves the right to reject any and all bids, or bid irregularities. By Lj,( —\-, Z.i't' , President DONALD H WALSER Date 3 r C % ?' ATTETED x,11 LINDA L MADSON, ADM. COOR.. Date � Advertisement for Bids for CHILLER BUILDING ADDITION Hutchinson Utilities Commission Hutchinson, Minnesota Notice is hereby given that the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, hereinafter referred to as the Owner, will receive sealed Bids at the Hutchinson Utilities office until 10:00 a.m. on the 26th day of February, 2008, and will publicly open and read aloud such Bids on the following work and equipment: "24'x 26' FINISHED METAL BUILDING ADDITION" Proposals shall be properly endorsed and delivered in an envelope marked, "CHILLER BUILDING ADDITION" and shall be addressed to: Hutchinson Utilities Commission of the City of Hutchinson, 225 Michigan Street SE, Hutchinson, Minnesota 55350. All proposals shall be submitted in duplicate on the Bidder's own letterhead in facsimile of the Proposal Form enclosed in the Specifications, or by utilizing the Proposal Form enclosed with the Specifications by typing the official name of the Bidder at the top of the form. Each proposal should be accompanied by a Bid Bond, made payable to the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, in the amount of five per cent (5 %) of the Bid, as a guarantee that the Bidder will enter into the proposed Contract and provide a Performance Bond after his Bid shall have been accepted. The successful Bidder shall furnish a Performance Bond in an amount equal to one hundred per cent (100 %) of the Contract price to the Owner prior to the approval of the Contract. No Bidder may withdraw his Bid or Proposal for a Period of thirty (30) days after date of opening of Bids. At the aforementioned time and place, or at such later time and Place as the Owner then may fix, the Owner will act upon Proposals received and with its sole discretion may award Contract(s) for the furnishing of said equipment. The work shall be started within ten (10) days after award of Contract(s). Specifications and Plans are available at the Office of the Hutchinson Utilities, 225 Michigan Street, Hutchinson, Minnesota 55350. The Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota reserves the right to reject any and all bids, or bid irregularities. B - C 7 y > �-LA President DONALD H WALSER Date 3 r C'9 ATTESTED B LINDA L MADSON, ADM. COOR. 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GT W W MP') (00 T � N Y o X WT- W CL LL L .a fl. 7 0 °o0) 0000 rn O rn m m X t CL 0 @U N � co 00 L r O LT ca tl ai ai Z w M N W d W N J C Q � � 3 2 = ns � Q J Q Z O m ' T m m C O p cn > O CD a CY Q rn rn rn rn rn rn 0 00 L o E Sri rte+ N N co `m CL U U U ca m co w w w d rn V rn rn CO tL (00 M LO 00 = M N N ft 0 00 O 0 o 000 L In � O O O O O O 0 C) 0 N N N M M O O O 0 0 00 00 00 H O O O 7 N N N O o 0 0 M M M O O O V � � N Y U Y Y L l_L f L L O 0 Y C C � r� E 0 E N 0 0) _O r+ (U 6 N co L- N 2 LL 0 � N t y r `r E 7 LO CD N CD L z LL It LL 't LL N 'C 'a LL O LL '0 a O N N V' O LL O *k LL co U o f w E o o a) N °o ar N Co 2 @ �� L co O N O C) O E O N V 0 O U O O 0) O a) O M C O M C C:) C` Rk E r N Cl) d 0 °o0) 0000 rn O rn m m X t CL 0 @U N � co 00 L r O LT ca tl ai ai Z w M N W d W N J C Q � � 3 2 = ns � Q J Q Z O m ' T m m C O p cn > O CD a CY Q st Avera Drive # MISSOURI PO Box 88920 � a RIVEWS Sioux Falls, SD 57109 -8920 Telephone: 605.338.4042 ENERGY SERVICES® Fax: 605,978.9360 www.mrenergy,com December 26, 2007 Mr. Mike Kumm Hutchinson Utilities Commission 225 Michigan St. SE Hutchinson, MN 55350 Subject: MISO TO Membership Analysis Update Dear Mr. Kumm: Based on the Professional Services Agreement (PSA) between Hutchinson Utilities Commission (HUC) a Missouri River Energy Services (MRES), the following analysis was prepared to review the issues Yf associated with HUC pursuing membership in Midwest Independent Transmission System Operator (MIS as a transmission owner (TO) either directly or via MRES. This information is intended to supplement the information previously provided by MRES on the poten«ua revenue that HUC could expect if the existing Integrated Transmission Agreement (ITA) with Great River Energy (GRE) and other parties were terminated and the HUC transmission facilities were included in a MISO Load Zone Rate. The analysis did not take into consideration issues associated with turning over your HUC generation fully to MISO for dispatch in the market. We understand HUC has reservations about doing this. However, MRES believes your concerns could be mitigated by utilizing the proper bidding strategies to minimize your operational maintenance concerns, as well as potentially capitalizing on the proposed launch of the new Ancillary Service Market (ASM). MISO is anticipating that it will launch the ASM in June of 2008. The attached report details the Endings. At this point, it is recommended that HUC delay movement into MISO as a TO, but further evaluate the costs and benefits of HUC's generation more fully participating in the MISO market, particularly in the ASM. If you have any questions about the information provided, don't hesitate to contact me at (605) 338 -4042, Sincerely, r / Terry Wolf Manager, Transmission Services Attachment Recommendation Short Term 0 1. HUC improve documentation supporting allocation of transmi represent its transmission expenses. asonabl ssion 0 &M to more re 2. Further evaluate potential impacts of HUC fully entering the MISO market resulting in full bidding its generation in the MISO market, as well as the potential impact of the lanned Y implementation of the MISO ASM. p 3. Consider entering into a Professional Services Agreement (PSA) with MRES to assist HUC in general transmission related issues. Long Term ue to monit potential of becoming a MISO TO either directly or via a relations d party, e understanding that becoming a TO in some relationship P P II beco' o e form will need to change ,Commercially operational. 5 1 Appendix A Summary of Transmission Rates — ITA (GRE, SMMPA, and HUC) ITA - GRE, SMMPA, WMU, and Schedules HUC Schedule 1- Control Rate - $ per MW -Hr 0.38 Schedule 3- Regulation Rate - $ per MW Annual Pk 1,000.00 Schedule 9- Network Service Rate - $ per MW -Yr NA Schedule 10 -MISO Reliability A &G Rate - $ per MW -hr 0.126 Schedule 16 -MISO FTR A &G Rate - $ per MW -hr 811.000 Schedule 17 -MISO Energy Market A &G (Injections and Withdrawals) Rate - $ per MW -hr 1,284.380 Appendix A — Continued Summary of Transmission Rates — GRE and Xcel Load Zone Schedules Xcel GRE Schedule 1- Scheduling Rate - $ per MW -Yr 811.00 664.70 Schedule 2- Reactive Supply and Voltage Support Rate - $ per MW -Yr 1,284.38 2,640.00 Schedule 3- Regulation and Frequency Response Rate - $ per MW -Yr 874.72 1800.00 Schedule 9- Network Service Rate - $ per MW -Yr 31,080.00 31,775.26 Schedule 10 -MISO Reliability A &G Rate - $ per MW -hr 0.126 0.126 Schedule 16 -MISO FTR A &G Rate - $ per MW -hr 0.022 0.022 Schedule 17 -MISO Energy Market A &G (Injections and Withdrawals) Rate - $ per MW -hr 0.090 0.090 Schedule 26- MISO Regional Expansion Tariff Rate - $ per Yr (ESTIMATE from MISO ) 35,210.00 35,210.00 Appendix B Summary of HUC Load Information Utilized in the Analysis Hutchinson Utilities Commission 2008 Peak Demand - MW 63 12 CP - 12 monthly peaks average - MW 50 ,Annual MWhr 324,299 I Cost Comparison of Maintaining ITA versus becoming a MISO TO in either the GRE Load Zone or the Xcel Load Zone Hutchinson Utilities Commission MISO TO Analysis Total Projected Transmission Expenses for January 2008 through December 2008 Incremental HUC Schedules $ 419,366 $ 561,519 Existing MISO Load Zone - NITS Transmission Schedules Incremental ITA Xcel LZ GRE LZ Schedule 1 $ 123,234 $ 40,739 $ 33,390 Schedule 2 na $ 64,519 $ 132,616 Schedule 3 $ 63,000 $ 43,940 $ 90,420 Schedule 9 na $ 1,561,252 $ 1,596,177 Schedule 10 $ 47,643 $ 47,643 $ 47,643 Schedule 16 na na na Schedule 17 $ 58,374 $ 58,374 $ 58,374 Schedule 26 $ 35,210 $ 35,210 Annual Transmission Revenue Requirement from 2006 applied to 2008 na $(1,140,060) $(1,140,060) Summary of Total Schedules (reduced costs ) $ 292,251 $ 711,617 $ 853,770 Member Fee Initial and Annual na $ 2,500 $ 2,500 Total Summary of Incremental HUC Schedules $ 419,366 $ 561,519 Member Incremental Change Fees $ 2,500 $ 2,500 Total Incremental -Change $ 421,866 $ 564,019 ij 1 J Mike K. Jared M Steve L. Dan L. Dave 11. Randy B. Lonnie W. Systern Cont. Mechanic Crew Chief (E) Electrician Allocation %'s for transmission expenses 5%-- 5%-- 7% -- $6683.04 20%-- $1.6640.00 5%-- $3823.45 5%-- $3588.00 35%-- $20420.04 25%-- $53643.32 7%-- $3494.40 5% -- $3188.64 3% $1609.29 Should be allocated to account #401 - .560 -0100, should be a journal entry. Should be allocated to account #401 -574 -0100, Will be a weekly time card entry. �J 1 'AL *� LAN FORM MINNEAPOLIS• PHOENIX 800C BUTLER SQUARE 100 NORTH SIXTH STREET C H A N G E O R D E R MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 DATE 31- Jan -08 APPLICABLE CONTRACT HUC07001.000 PROJECT NAME Hutchinson Power Plant Improvements LOCATION LANDFORM PROJECT NO. HUC07001.000 CHANGE ORDER ITEM CLIENTS PROJECT NO. Hutchinson, MN PHASE I DESCRIPTION OF CHANGE EFFECTIVE DATE 99 1 Reduce allowable mark-up on reimbursable expenses from 15% to 10% January 1, 2008 Reimbursable Expenses, as provided for in the original contract, will be billed as a reimbursable expense at 1.10 times cost as of the effective date noted above. Please sign and return this document indicating your acceptance of this change order and the terms specified within. ACCEPTED BY: Landform Carolyn L. Krall, AIA, LEED ®AP Principal Date: 31- Jan -08 Landform Federal Tax ID: 41- 1793017 Hutchinson Utilities Commission Date: ,,1 j 4 8 1 All-L W� LANDFORM MINNEAPOLIS - PHOENIX 800C BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 DATE 17- Oct -07 ASA NUMBER HUC07001.000 -ASA03 PROJECT NAME Hutchinson Power Plant Improvements LOCATION Hutchinson, MN LANDFORM PROJECT No. H0007001.000 CLIENT'S PROJECT NO. You, or your representative, have directed Landform to provide the following services. It is our view that these services are beyond our presently contracted scope of services. Please review the following items, sign the authorization to proceed below, and return this document to us as authorization to proceed. All work will be performed for the fixed fee listed below. ADDITIONAL SERVICE DESCRIPTION FIXED FEE $27,740.00 Phase I & II Design Development, Phase I & II Preliminary Review Process, Phase I Construction Documents, Phase I Bidding and Permitting, Phase I Project Facilitation, Phase I Construction Staking Phase I Construction Administration Authorize Additional Services (revised) per original contract. Revised Compensation Table Attached. The forgoing services will be performed for the fixed fee as indicated. Reimbursable Expenses, including but not limited to Mileage, Plotting, Printing, Scanning, Additional insurance coverage, and Sub - consultants are not included in the fees above and will be billed as a reimbursable expense at 1.15 times cost. Please sign and return this document indicating your acceptance of these additional services and the terms specified within. ACCEPTED BY: 4De: r n . Kra , IA al 17- Oct -07 Landform Federal Tax ID: 41- 1793017 Hut chinson Utilities Commission f"' - J1 - �- t JJ_ -, Date: JANUARY 30, 2008 Mr. Lancaster with Hutchinson Utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 3 October 17, 2007 A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services. Naturally, the scale and scope of our efforts depends upon HUC's needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted RUC's needs, please let us know and we will make the necessary adjustments to this contract. 1. Design Development - Phases I and II MR Landform will: a) Prepare an Existing Conditions Drawing based on the Boundary and Topographic Survey as provided by HUC. b) Prepare a Preliminary Grading, Drainage and Erosion Control Plan indicating existing and proposed 1 -foot contour intervals, erosion control measures, and methods of collecting and draining storm water. We will also prepare preliminary drainage and pipe sizing, as needed, to meet municipal and watershed requirements. c) Research design alternatives and design stormwater system following NPDES pond requirements (water quality and rate control) and include in a Stormwater Management Plan. d) Prepare a Preliminary Landscape Plan based on the City's development requirements. e) Prepare Site Lighting Plans which will assume a design /build construction process. f) Prepare Preliminary Architectural documents indicating restoration /renovations to building facade including removal of stucco and overhang, and new windows, painting and glazing. g) Meet with HUC staff and City Parks staff to review specific final design scope and details. Revise the submitted documents once to include HUC or City comments. Mr. Lancaster with Hutchinson Utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 4 October 17, 2007 2. Preliminary Approval Process - Phases I & 11 F351: Landform will: a) Attend one (1) review meeting with HUC to review the plans and updated Preliminary Project Cost Estimate. b) Review scope and materials at one (1) informational meeting with HUC staff and the DNR, Parks Department, and Public Works. c) Provide additional informational updates to the Hutchinson Utilities Commission, and the City of Hutchinson Planning Commission and /or City Council. A representative of Landform will be available to attend, present the project and answer questions at these public meetings if requested as an additional service (see Phase 60). 3. Construction Documents / Final Plans - Phase I Only f501: Landform will: a) Prepare construction plans setting forth the requirements for construction of the Power Plant Improvements Project, based on the preliminary plans approved by HUC. The construction plans shall include drawings that establish the quality levels of materials required for the Project. The plans will consist of Existing Conditions Plan, Site Plan, Grading, Drainage and Erosion Control Plan, Utilities Plan, Site Lighting Plan, Landscape Plan, Architectural Elevations and associated details. Our general specifications (sheet notes) will be provided for use by HUC. b) Meet with HUC staff up to two (2) times to review and coordinate plans, bid documents, and specifications. c) Prepare appropriate permit documents and provide follow -up assistance in connection with the building permit approval process. 4. Bidding & Permitting - Phase I Only [551: Landform will: a) Assist HUC staff in preparing and Issuing Bid Documents and Addenda as necessary. b) Answer contractor /bidder questions. Mr. Lancaster with Hutchinson Utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 5 October 17, 2007 c) Review bids with HUC and Parks staff and the Hutchinson Utilities Commission Board; one (1) meeting assumed. d) Assist HUC staff as needed in awarding construction contract(s). 5. Construction Staking - Phase I Only [701: Landform will: a) Stake parking lot corners for rough grading (one time). b) Stake parking lot for curbing (one time). c) Stake ponds and swales (one time). d) Check final grades (one time). e) Stake fencing, piers, light poles and signs (one time). Consultant is not responsible for errors or omissions in information provided by others. Requests for additional staking and /or any re- staking required due to lost stakes will be considered Additional Services. 6. Construction Administration - Phase I Only [801: Landform will provide construction phase services, on an hourly basis only as requested by you, including: a) Attend progress meetings. b) Respond to contractor RFI's. c) Provide limited on -site observation. d) Upon substantial completion of the project, perform an on -site review and compile a final punch list. e) If requested, prepare Record Drawings based upon as -built information provided by the Contractor (fee to be determined at the time of the request). 1 I i L Mr. Lancaster with Hutchinson Utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 6 October 17, 2007 B. COMPENSATION 1) The Additional Services as described under the Scope of Services shall be completed on either an hourly compensation basis or a fixed fee basis as detailed below: ADDITIONAL SERVICES Scope of Services Bill Type Associat d Fee Design Development - Phases I & Il [30] Plotting on Vellum 1.10 per square foot Architectural, Landscape, & Civil Document Preparation Fixed Fee $10,870.00 Preliminary Approval Process Phases I & H [35] Color Printing 1.00 for 8.5 x 11 Application and Meetings Fixed Fee $2,000.00 Construction Documents / Final Plans — Phase I Only [50] Architectural, Landscape & Civil Document Preparation Fixed Fee $12,870.00 Bidding & Permitting — Phase I Only [55] Bidding/Permitting Bidding/Permitting Facilitation Fixed Fee $2,000.00 Construction Staking — Phase I Only [70] Staking for Project Construction Fixed Fee TBD* Construction Administration — Phase I Only [80] Hourly as Hourly as Construction Administration Services Directed Directed Total $27,740.00 + Hourl *TBD = To Be Determined prior to the start of Phase I Construction, at the Client's request. 2) Hourly phases will be billed on a rate schedule representing approximately 3.0 DLM, unless otherwise agreed in writing. Rate table is available upon request. 3) Internal reimbursable expenses are priced as follows: Mileage 0.485 per mile Plotting on Bond 0.25 per square foot Plotting on Vellum 1.10 per square foot Plotting on Mylar 2.50 per square foot Plotting in Color 7.00 per square foot Color Printing 1.00 for 8.5 x 11 2.00 for 8.5 x 14, 11 x 17 Scanning 1.50 per scan CD /DVD 10.00 per cd /dvd 4) External reimbursable expenses shall be billed at cost plus 10 /a. b �b 5) Invoices will be sent once a month based on the hours worked /phase percent complete through the date of billing. 6) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) carrying fee or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Carrying fees may be compounded. Mr. Lancaster with Hutchinson Utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 7 October 17, 2007 7) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. 8) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. C. ASSUMPTIONS We have based the proposal on the following assumptions and our understanding of your needs. If we have made any misassumptions, please let us know so that we can modify our proposal. Any assumptions that prove incorrect may result in additional fees. 1. The survey previously completed by others will be provided to Landform in AutoCAD 2000 or higher format. 2. Client will provide CAD files of the building footprint and elevations. 3. A Wetland Mitigation Plan is not required for this project. 4. The fee Proposal does not include off -site utility extensions or off -site roadway design. D. EXCEPTIONS We have based this Proposal on the following exceptions. Any exceptions added to this scope will be presented as a request for Additional Services. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. 1. Changes in the design as a result of our failure to coordinate, or an error on our part, will be corrected as Landform's responsibility by revising the affected documents at no cost to the Client. However, changes in the design as a result of Site Plan revisions made by either you or the City will result in Additional Services. 2. Preliminary and Final platting are not included in this Proposal. Any Services including research with the City and County that are required of Landform to complete the Project will result in Additional Services. 3. This Proposal does not include any surveying. Any Services required of Landform to obtain background information will result in Additional Services. Mr. Lancaster with Hutchinson utilities Commission Re: ASA03- Hutchinson Power Plant Improvements in Hutchinson, MN Page 8 October 17, 2007 4. Additional meetings over and above the meetings quantified in this Proposal will be an Additional Service and billed at the attached hourly rates. 5. Nothing in this Proposal or otherwise shall be considered a guarantee that Client will obtain necessary approvals, permits or variances from any governmental unit. All such risks are Client's. Payment to Consultant for services rendered and expenses incurred is not contingent upon Client's receipt of such approvals, permits or variances. 6. While Landform plans specify required irrigation for all sites, this Proposal does not include actual design of irrigation systems. 7. This Proposal does not include Electrical plans, specifications or engineering. Site Lighting Plans prepared by Landform assume a Design /Build process, with any design engineering to be provided by the electrical sub - contractor. 1