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06-02-2008 HUCM
Regular Meeting June 2, 2008 (May’s rescheduled meeting) Members present: President Donald H. Walser; Secretary Dwight Bordson; Commissioner Craig Lenz; Commissioner Robert Hantge; Attorney Marc Sebora; General Manager Michael Kumm Member absent: Vice President David Wetterling President Walser called the meeting to order at 3:00 p.m. The minutes of the April 30, 2008 regular meeting were reviewed. A motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. GM Kumm presented the April payables for approval. After discussion, a motion was made by Commissioner Hantge, seconded by Commissioner Lenz, to ratify the payment of bills in the amount of $4,093,698.24 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the financial statements/budget year-to-date. A separate print-out was included with the work order reports showing projects that have come in under budget, and it showed projects that will not take place in 2008. The excess monies will be used to cover projects that have come in over budget. GM Kumm will prepare a year end forecast for the commission to review. After discussion, a motion was made by Commissioner Hantge, seconded by Commissioner Lenz to approve the financial statements/budget-year-to-date. Motion was unanimously carried. GM Kumm presented the purchase power amendment with CMMPA for approval. This st is effective July 1 and is good for two years. This amendment would result in a decrease of approximately 3 – 6% compared to our current contract, equating to $400,000 to $800,000 savings per year. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the purchase power amendment with CMMPA. Motion was unanimously carried. GM Kumm presented the amendment with MMGA pre-pay for approval. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the amendment with MMGA pre-pay. Motion was unanimously carried. GM Kumm presented the DEED grant for discussion. If awarded the grant, HUC could receive $500,000 from the Minnesota Department of Agriculture. We are asking for City Council to authorize this grant and to submit it on behalf of Hutchinson Utilities Commission. A motion was made by Commissioner Hantge, seconded by Commissioner Lenz to present the DEED grant to City Council for approval. Motion was unanimously carried. Steve Lancaster presented the bid tabulation for power plant improvements. Our recommendation is to award the bid to Nygaard Enterprises in the amount $198,529.00. Over the course of the past few months, the scope of the project increased and the bids came in higher than budgeted ($245,000.00). Because of the increase in the scope of the project, we divided the original Phase I Improvements into three areas explained below. In recommending the power plant improvements only, this will allow HUC to evaluate the landscaping portion of the original plan and budget accordingly for next year. 1. Plant 1 Building Improvements; consisting of general restoration of building exterior, painting, tuck-pointing, and new brick façade. 2. Phase 1A Site Improvements; consisting of fencing and landscaping along the north and west side of site. 3. Phase 1B Site Improvements; consisting of paving, landscaping and storm water management on the south and east portion of site. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the bid tabulation for power plant improvements, from Nygaard Enterprises Inc. Motion was unanimously carried. Jan Sifferath presented the bid tabulation for construction of new materials center and remodel of existing warehouse on north complex. In addition to the cost of the building, there is a total of approximately $80,000 of miscellaneous items that were not part of the bid price. This brings the total job price to approximately $643,000. The $80,000 difference can be taken from other projects that were under bid. It is our recommendation that we award the contract to KC Companies of Waite Park, MN for the complete job. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the construction of the new materials center and remodel of existing warehouse on north complex from KC Companies, pending attorney review of the AIA Document (standard form of agreement between owner and contractor). Motion was unanimously carried. At this time Secretary Bordson arrived (3:36 p.m.) Requisition #003079 was presented for approval. This is a standard item and has been budgeted. A motion was made by Commission Hantge, seconded by Commissioner Lenz to approve requisition #003079 for 7,500’ conductor 500 MCM 15KV AL from Border States. Motion was unanimously carried. GM Kumm presented the change to the interest section of the deposit requirement for residential and commercial/industrial customers in the policies and requirements booklet. This change is necessary in conjunction with the new billing software. Interest: Interest earned on deposits is applied to the account as a credit on the anniversary date of when the deposit was paid.a calendar year basis. A motion was made by Secretary Bordson, seconded by Commissioner Lenz to approve the change to the deposit requirement section of the policies and requirements booklet. Motion was unanimously carried. Discussion was held on the strategic plan – vision statements five and six – strategic objectives. HUC is waiting to hear from the City Administrator regarding adding a line item on our utility bills concerning the payment in lieu of taxes. Our new billing system in scheduled to go live in July. Discussion was held on the wind feasibility study. HUC has met with Geronimo Wind Energy and they have given us a schedule for their analysis. They will have a potential site selection by mid-July. Charge-offs was presented for approval. A motion was made by Commissioner Lenz, seconded by Secretary Bordson to approve the charge-off list of non-collectible accounts (detailed listing on page 2710 of May general journal). Motion was unanimously carried. Division reports Gas – John Webster MMUA summer meeting regarding storing wind energy Wind farm going up in Sibley County Damage prevention ads in newspapers for people on the pipeline as well as local radio stations Replacing steel main on Golf Course Road Installing natural gas services outside the city limits Business – Jan Sifferath Unfinished Business:Roundup Program to be addressed at July meeting Working on CIP for Department of Commerce Bids have come in for the two pickups we are selling Unfinished Business:Purchasing Limit to be addressed at July meeting rd New billing software: hard parallel June 16, 2008 / live 3 week in July Electric – Steve Lancaster Nothing to report GM Kumm Increase megawatts to 80 regarding the Geronimo Wind Energy project MMUA strategic plan – promotion to Secretary Treasurer Big Stone II – June 3, 2008 Administrative Law Judge denied certificate of need o Interested parties to submit rebuttal o PUC to make ruling on June 5, 2008 o Legal Update None Unfinished Business Purchasing Limit: Jan will report on next month Round-up Program Jan will report on next month New Business None There being no further business, a motion was made by Commissioner Lenz seconded by Secretary Bordson to adjourn the meeting at 4:03 p.m. Motion was unanimously carried. ____________________________ Dwight Bordson, Secretary ATTEST:___________________________ Donald H. Walser, President Regular Meeting June 2, 2008 (May's rescheduled meeting) Members present: President Donald H. Walser; Secretary Dwight Bordson; Commissioner Craig Lenz; Commissioner Robert Hantge; Attorney Marc Sebora; General Manager Michael Kumm Member absent: Vice President David Wetterling President Walser called the meeting to order at 3:00 p.m. The minutes of the April 30, 2008 regular meeting were reviewed. A motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the minutes as written. Motion was unanimously carried. GM Kumm presented the April payables for approval. After discussion, a motion was made by Commissioner Hantge, seconded by Commissioner Lenz, to ratify the payment of bills in the amount of $4,093,698.24 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the financial statements /budget year -to -date. A separate print -out was included with the work order reports showing projects that have come in under budget, and it showed projects that will not take place in 2008. The excess monies will be used to cover projects that have come in over budget. GM Kumm will prepare a year end forecast for the commission to review. After discussion, a motion was made by Commissioner Hantge, seconded by Commissioner Lenz to approve the financial statements /budget - year -to -date. Motion was unanimously carried. GM Kumm presented the purchase power amendment with CMMPA for approval. This is effective July 1St and is good for two years. This amendment would result in a decrease of approximately 3 — 6% compared to our current contract, equating to $400,000 to $800,000 savings per year. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the purchase power amendment with CMMPA. Motion was unanimously carried. GM Kumm presented the amendment with MMGA pre -pay for approval. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the amendment with MMGA pre -pay. Motion was unanimously carried. GM Kumm presented the DEED grant for discussion. If awarded the grant, HUC could receive $500,000 from the Minnesota Department of Agriculture. We are asking for City Council to authorize this grant and to submit it on behalf of Hutchinson Utilities Commission. A motion was made by Commissioner Hantge, seconded by Commissioner Lenz to present the DEED grant to City Council for approval. Motion was unanimously carried. Steve Lancaster presented the bid tabulation for power plant improvements. Our recommendation is to award the bid to Nygaard Enterprises in the amount $198,529.00. Over the course of the past few months, the scope of the project increased and the bids came in higher than budgeted ($245,000.00). Because of the increase in the scope of the project, we divided the original Phase I Improvements into three areas explained below. In recommending the power plant improvements only, this will allow HUC to evaluate the landscaping portion of the original plan and budget accordingly for next year. 1. Plant 1 Building Improvements; consisting of general restoration of building exterior, painting, tuck - pointing, and new brick facade. 2. Phase 1A Site Improvements; consisting of fencing and landscaping along the north and west side of site. 3. Phase 1 B Site Improvements; consisting of paving, landscaping and storm water management on the south and east portion of site. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the bid tabulation for power plant improvements, from Nygaard Enterprises Inc. Motion was unanimously carried. Jan Sifferath presented the bid tabulation for construction of new materials center and remodel of existing warehouse on north complex. In addition to the cost of the building, there is a total of approximately $80,000 of miscellaneous items that were not part of the bid price. This brings the total job price to approximately $643,000. The $80,000 difference can be taken from other projects that were under bid. It is our recommendation that we award the contract to KC Companies of Waite Park, MN for the complete job. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Hantge to approve the construction of the new materials center and remodel of existing warehouse on north complex from KC Companies, pending attorney review of the AIA Document (standard form of agreement between owner and contractor). Motion was unanimously carried. At this time Secretary Bordson arrived (3:36 p.m.) Requisition #003079 was presented for approval. This is a standard item and has been budgeted. A motion was made by Commission Hantge, seconded by Commissioner Lenz to approve requisition #003079 for 7,500' conductor 500 MCM 15KV AL from Border States. Motion was unanimously carried. GM Kumm presented the change to the interest section of the deposit requirement for residential and commercial /industrial customers in the policies and requirements booklet. This change is necessary in conjunction with the new billing software. Interest: Interest earned on deposits is applied to the account as a credit on the anni ,eFsaFy date paid. of when the deposit was a calendar year basis. A motion was made by Secretary Bordson, seconded by Commissioner Lenz to approve the change to the deposit requirement section of the policies and requirements booklet. Motion was unanimously carried. Discussion was held on the strategic plan — vision statements five and six — strategic objectives. HUC is waiting to hear from the City Administrator regarding adding a line item on our utility bills concerning the payment in lieu of taxes. Our new billing system in scheduled to go live in July. Discussion was held on the wind feasibility study. HUC has met with Geronimo Wind Energy and they have given us a schedule for their analysis. They will have a potential site selection by mid -July. Charge -offs was presented for approval. A motion was made by Commissioner Lenz, seconded by Secretary Bordson to approve the charge -off list of non - collectible accounts (detailed listing on page 2710 of May general journal). Motion was unanimously carried. Division reports Gas — John Webster • MMUA summer meeting regarding storing wind energy • Wind farm going up in Sibley County • Damage prevention ads in newspapers for people on the pipeline as well as local radio stations • Replacing steel main on Golf Course Road • Installing natural gas services outside the city limits Business — Jan Sifferath • Unfinished Business: Roundup Program to be addressed at July meeting • Working on CIP for Department of Commerce • Bids have come in for the two pickups we are selling • Unfinished Business: Purchasing Limit to be addressed at July meeting • New billing software: hard parallel June 16, 2008 / live 3rd week in July Electric — Steve Lancaster • Nothing to report GM Kumm • Increase megawatts to 80 regarding the Geronimo Wind Energy project • MMUA strategic plan — promotion to Secretary Treasurer • Big Stone II — June 3, 2008 o Administrative Law Judge denied certificate of need • Interested parties to submit rebuttal • PUC to make ruling on June 5, 2008 Legal Update None Unfinished Business Purchasing Limit: Jan will report on next month Round -up Program Jan will report on next month New Business None There being no further business, a motion was made by Commissioner Lenz seconded by Secretary Bordson to adjourn the meeting at 4:03 p.m. Motion was unanimously carried. fight rordson, Secretary ATTEST: Donald H. Walser, President 1 AMENDMENT NO. 1 TO CONFIRMATION AGREEMENT This amendment ( "Amendment No. I") shall confirm and modify the agreement reached on July 29, 2005, by and between Utilities Plus for the Central Minnesota Municipal Power Agency ( "CMMPA ") and Hutchinson Utilities Commission ( "HUC ") (hereinafter CMMPA and RUC are sometimes referred to herein as a Party or collectively as the "Parties "). WHEREAS CMMPA and HUC entered into a Confirmation Agreement (the "Agreement ") reached July 29, 2005 under which HUC agreed to terms associated with an Interruptibility Credit and the purchase of capacity and associated energy from CMMPA; WHEREAS CMMPA's source of supply for its performance under this Amendment is Northern States Power Company (NSP) acting through its agent, Xcel Energy Services, Inc. ( "Xcel "), and WHEREAS NSP and Xcel have required certain changes in their agreement with CMMPA for supplying the power required by the Confirmation Agreement and this Amendment No. 1, and WHEREAS the Minnesota Legislature has adopted certain renewable energy standards under Minnesota Statutes Section 216B.1691, which standards and the compliance therewith are required of CMMPA under this agreement. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree effective July 1, 2008 as follows:, 1. The definition of "Contract Term" contained in the Agreement is deleted and replaced with the following: Contract Term: June 13, 2005 through June 30, 2010. If not then terminated by one Party having provided the other Party with a minimum of twelve (12) months written notice to terminate, then this Letter Agreement shall continue until either Party provides the other Party with twelve (12) months written notice to terminate this Letter Agreement. Notice of termination by CMMPA can be given only if NSP cancels the NSP -CMMPA Confirmation Agreement dated May 9, 2005, as amended effective July 1, 2008 and as may be amended from time to time hereafter. 2. The definition of "Commodity" contained in the Agreement is deleted and replaced with the following: Commodity: Energy settled in the MISO day ahead market with provision for interruption under NSP's Peak Controlled Interrupt (PCI) program. 3. The definition of "Price" contained in the Agreement is deleted and replaced with the following: Price: The demand and energy prices shall be the applicable rates specified in NSP's Minnesota General Time of Day Service retail tariff ( "Rate Code A15 "), or any other superseding rate schedule, in effect during the period the Commodity is delivered, plus a Scheduling Charge of $0.00175 per kWh for the period June 13, 2005 to June 30, 2008 and a Scheduling Charge of CMMPA -f1UC Confirmation Agreement Amendment No. 1 Page 1 of 6 $0.00150 per kWh for the two year commitment period from July 1, 2008 to June 30, 2010. If this Agreement is extended beyond June 30, 2010, the scheduling charge will be renegotiated, in good faith, at the time of extension. Applicable provisions of Rate Code A 15 include customer charges, demand charges, on and off peak energy charges, energy charge credit, Fuel Clause Rider, voltage discount, and applicable surcharges including interim rate adjustments. NSP's retail customers are also subject to other adjustments provided for in various riders applied to Rate Code A15. The applicability of these other riders is set out in Rate Code A15. After July 1, 2008, in lieu of these other riders, the total charges to HUC will be subject to an overall surcharge of 4% of the total bill. In the event any of the costs designed to be recovered, during the term of this Amendment No. 1, by these other riders to Rate Code A 15, are recovered through the Rate Code A 15 base rates as a result of an adjustment to rates approved by the Minnesota Public Utilities Commission, CMMPA will make an offsetting adjustment to the 4% surcharge to the extent such changes can be identified and quantified. In no case shall such surcharge be negative. The Competitive Service rider, Standby Service rider, Split Service provisions, and Optional Trial Service provided in the retail tariff shall not apply to HUC's purchases under this Agreement. The Rate Code A 15 charges for service at transmission voltage as of September 21, 2004 are: Customer Charge per month Demand Charge per month per kW On Peak Energy Charge per kWh Off Peak Energy Charge per kWh $25.04 Oct-Ma v Jun -Sep $4.26 $6.91 $0.037407 $0.026943 Energy Charge Credit Per Month per kWh $0.007 All kWh in Excess of 400 Hours Times the On Peak Period Billing Demand, Not to Exceed 50% of Total kWh The terms "On Peak" and "Off Peak" shall be as defined in Rate Code A 15 as that schedule is in effect at the time of delivery of the Commodity. At present, On Peak hours are defined per Rate Code A15 as 9:00 am until 9:00 pm Monday through Friday, except for the following holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When a designated holiday occurs on Saturday, the preceding Friday will be designated a holiday. When a designated holiday occurs on a Sunday the following Monday will be designated a holiday. The Off Peak period is defined as all other hours. The Price shall be applied to the Contract Quantity each month as specified by the hourly energy amounts in the daily MISO Financial Schedule. All references to Rate Code A15, including any riders thereto, shall be of the version of such tariff (or any superceding tariff as may be in effect at the time of any energy deliveries hereunder. CMMPA -HUC Confirmation Agreement Amendment No. 1 Page 2 of 6 1 1 You are hereby put on notice that NSP may, in its sole discretion, seek to modify any provision of Rate Code A15, including the rates specified therein or any riders thereto, by making the requisite filing with the Minnesota Public Utilities Commission. 4. The definition of "Scheduling" contained in the Agreement is deleted and replaced with the following: Scheduling: CMMPA will sell and deliver at the delivery point, and HUC will purchase and receive, at the delivery point, the Contract Quantity of energy each hour of the Contract Term unless NSP has declared a Peak Control Interrupt period described below. CMMPA will schedule the energy associated with this Agreement, in the MISO day ahead market, as a financial bilateral schedule ( "Finsched ") one hour prior to the MISO scheduling deadline. 5. The definition of "Delivery Point" contained in the Agreement is deleted and replaced with the following: Delivery Point: NSP.SHERCOI 6. The definition of "Transmission and Losses" in the Agreement is deleted and replaced with the following: MISO Congestion, Losses and Settlement: HUC shall directly settle with MISO for charges related to transmission service beyond the Point of Delivery, including but not limited to any congestion charges, losses or charges resulting from deviations between the Day Ahead bid and Real Time actual requirements. CMMPA shall provide a credit to HUC, provided that a corresponding credit is received by CMMPA from NSP, for MISO charges that flow through Rate Code A15 in an amount equal to the average MISO charges incurred by NSP each month, in $/MWh, times the number of MWhs delivered to RUC during that monthly billing period. CMMPA will enter a financial bilateral transaction schedule (FinSched) with a source CPNode of NSP.SHERCOL The FinSched will settle in the MISO Real Time Settlement Market. CMMPA will adjust the FinSched in the event of a Schedule Interruption during the previous operating day. 7. The definition of "Transmission Credit" contained in the Agreement is deleted and replaced with the following: Transmission Credit: CMMPA will provide a monthly credit to HUC in the amount of $1180 per MW times the Contract Quantity in recognition of the fact that HUC is responsible for the transmission costs associated with the Agreement beyond the Point of Delivery. This credit shall be adjusted in the event of tariff redesign during the contract term to reflect the transmission component cost of NSP Rate Code A15. 8. The definition of "Interruptability Credit" in the Agreement is deleted and replaced with the following: Interruptability Credit: During times of system peak usage, NSP may declare a Peak Controlled Interrupt period ( "PCI "). NSP shall have the right to interrupt the MISO scheduled deliveries to CMMPA -HUC Confirmation Agreement Amendment No. 1 Page 3 of 6 HUC in accordance with PCI procedures. CMMPA shall endeavor to provide a minimum of one hours notice to HUC or as much notice to HUC of a PCI period as CMMPA is given by NSP. CMMPA will notify HUC system control by phone and email (phone: 320 234 0541 or 320 234 0542 and email: control@ci.liutchinson.mn us). After each Contract Year ( "July 1 — June 30 "), an Interruptability Credit payment shall be made by CMMPA to HUC within a reasonable period of time, provided that HUC has complied with all PCI instructions in the Contract Year, an annual credit from July 2005 to June 30, 2008 of $24,000 per MW, from July 1, 2008 to June 30, 2009 of $20,000 per MW and from July 1, 2009 to June 30, 2010 of $21,000 per MW. The Credit will increase to $22,050 per MW the following year if the contract is extended one year. CONTRACT YEAR July 1, 2005 July 1, 2006 July 1, 2007 July 1, 2008 July 1, 2009 July 1, 2010 (if extended) 2011 forward (if extended) CREDIT ($ per/MW) $24,000 $24,000 $24,000 $20,000 $21,000 $22,050 as agreed to by the Parties The payment for each Contract Year shall be calculated as follows: Interruptability Credit = Maximum Contract Quantity (MW) times Contract Year Credit. If, following notification by CMMPA of PCI periods as described above, HUC fails to reduce its energy take from CMMPA under this Agreement to zero (0) MW during any PCI period during any month of the Contract term, no Interruptability Credit payment will be made. After three (3) such failures in any Contract Year, CMMPA reserves the right to eliminate the Interruptability Credit for the remainder of the Contract Term. If there are no control periods during the previous Contract Year, the Interruptability Credit shall be the Contract Quantity (MW) times the credit corresponding to that Contract Year. In connection with the Interruptability Credit provided for herein, CMMPA shall cut the financial schedule between CMMPA and the HUC to zero (0) during any PCI period. HUC reserves the right to replace the energy curtailed by CMMPA during this period by self - generating or by other third party purchases. CMMPA will make every effort to find a replacement supply during an NSP PCI. The price for the energy will be agreed to at the time of the interrupt and a FinSched will be entered in the MISO real time market. 9. The definition "Credit Support" is added to the Agreement as follows: Credit Support: HUC shall provide to CMMPA adequate credit guaranties of its payment obligations hereunder in a form and content reasonably acceptable to CMMPA. Such guaranties shall provide sufficient assurance to satisfy CMMPA's credit obligations to NSP and MISO for all contract quantities. 10. The application of the "Mobile- Sierra Doctrine" is added to the Agreement as follows: CMMPA -HUC Confirmation Agreement Amendment No. 1 Page 4 of 6 I C it 1 Mobile- Sierra Doctrine: The terms and conditions and the rates for service specified in this Agreement shall remain in effect for the term of the transaction described herein. Absent the Parties' written agreement, this Agreement shall not be subject to change by application of either Party pursuant to Section 205 or 206 of the Federal Power Act. Absent the agreement of all parties to the proposed change, the standard of review for changes to this Agreement whether proposed by a Party, a non -party or the Federal Regulatory Commission acting sua sponte shall be the "public interest" standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (the "Mobile- Sierra doctrine "). 11. A provision entitled "Regulatory Treatment" is added to the Agreement as follows: Regulatory Treatment: In the event any state or federal regulatory jurisdiction issues a final order, which creates a significant detrimental effect on either Party, the affected Party may notify the other Party in writing. The Parties will have 30 days from the date of the written notice to negotiate new terms to offset such detrimental effect. In the event the Parties cannot reach agreement within the 30 -day period, the affected Party may provide 150 days notice to cancel the contract. 12. A provision entitled "Renewable Energy Compliance" is added to the Agreement as follows: Renewable Energy Compliance: Minnesota State Statutes § 216B.1691 requires electric utilities to make a good faith effort to generate or procure electricity from an eligible energy technology for at least one percent of retail electric sales in 2005, seven percent of retail electric sales in 2010 and as indicated in the statute for the years thereafter. Sales by CMMPA under this Agreement, as amended, are made to HUC in its role as a distribution utility. Therefore, CMMPA must comply with the renewable energy standards with respect to all of the quantities sold under this Agreement as amended. Because CMMPA is obligated to comply with the Renewable Energy Statute (all quantities purchased hereunder will be resold at retail by HUC), RUC confirms CMMPA's regulatory obligation and HUC agrees to reimburse CMMPA for any and all costs associated with such compliance. HUC reserves the right to procure renewable energy credits and assign them to CMMPA to fulfill the regulatory obligation. 13. All other terms and conditions of the Agreement remain unchanged and are hereby confirmed. CMMPA -HUC Confirmation Agreement Amendment No. 1 Page 5 of 6 In witness whereof the Parties have caused this Amendment No. I to be signed this of June, 2008. This document comprises the entirety of this Amendment. HUTCHINSON UTILITIES COMMISSION By: A"I ) tz-4111,�--- Name: Michael L. Kumm Title: General Manager Date: June , 2008 day CENTRAL MINNESOTA MUNICIPAL POWER AGENCY By: Name: Title: Date: Bob Elston President June ,2008 CMMPA -HUC Confirmation Agreement Amendment No. I Page 6 of 6 1 1 1 UPLS 30MW Energy Contract Analysis Total Energy 30 MW 24 Hours 365 Days 262800 MWh Annual Difference Customer service/Scheduling Fee Current Proposed $1.75 /MWh $1.50 /MWh $65,700.00 A15 Riders Renewable Energy Compliance Current Proposed $0.00 /yr $14,454.00 /yr - $14,454.00 Approximate Savings: $422,646.00 /yr 1 Current Proposed Flat rate 4% of monthly $65,000.00 /mo $35,000.00 /mo invoice $360,000.00 MISO Congestion and Losses Credit Current Proposed Calculated at $0.00 $131,400.00 /yr $0.50 /Mwh. $131,400.00 Dependent on XCEL's monthly MISO Interrupt Credit Cong /Loss Current Proposed 2008: $20,000 /MW $720,000.00 /yr $600,000.00 /yr 2009: $21,000 /Mw - $120,000.00 Renewable Energy Compliance Current Proposed $0.00 /yr $14,454.00 /yr - $14,454.00 Approximate Savings: $422,646.00 /yr 1 1 1 Hutchinson Utilities 225 Michigan St SE Hutchinson, MN 55350 -1940 Minnesota Municipal Gas Agency March 25, 2008 LETTER AGREEMENT RE: Minnesota Municipal Gas Agency Prepaid Gas Transaction Ladies and Gentlemen: We are writing regarding the Gas Supply Contract between Hutchinson Utilities ( "you ") and Minnesota Municipal Gas Agency ( "MMGA ", "we" or "us "), which you have executed and delivered in trust to MMGA's legal counsel pending completion of the prepaid gas financing. In previous communications, we have advised that recent volatile financial market conditions have caused a delay in issuing the prepaid gas revenue bonds. In view of the continued disruption in the financial markets and the possibility of further delays in executing the financing, MMGA proposes this letter agreement ( "Letter Agreement ") to memorialize the following: (1) an extension of the current April 1, 2008, "opt -out" date in the Gas Supply Contract, to June 1, 2009; (2) how the effective date, price reduction amount and other financing- dependent terms will be added to the Gas Supply Contract when bond pricing does occur; and (3) the legal arrangements under which your signed Gas Supply Contract is being held pending bond pricing and closing on the prepaid financing. 1. Extension of "Opt -Out" Date. Section 2.3 of the Gas Supply Contract allows you to terminate the Gas Supply Contract under certain conditions set forth therein prior to commencement of the Delivery Period by written notice prior to April 1, 2008. Under this Letter Agreement, you and we hereby agree that the date "April 1, 2008" in Section 2.3 of the Gas Supply Contract is replaced with "June 1, 2009." March 25, 2008 Page 2 2. Completion of Information. We will notify you in advance of the anticipated date of mailing the offering document to potential bond investors, prior to bond pricing. At the time of bond pricing, the price reduction amount, date of contract, and Delivery Period commencement and ending dates will be known and inserted by MMGA in the Gas Supply Contract. The completed Gas Supply Contract will be promptly provided to you for confirmation of that information. A fully- completed and executed Gas Supply Contract will then be delivered to you and to MMGA. We will also arrange with your legal counsel for up- dating of their opinion. 3. Status of Documents and Transaction. We acknowledge that the Gas Supply Contract signed by you, your signed Qualifying Use Certificate, and the signed opinion of your legal counsel are being held in trust by MMGA's legal counsel, McGrann Shea Anderson Carnival Straughn & Lamb, Chartered, Minneapolis, Minnesota, pending either (a) bond pricing and completion of information, or (b) your termination of the transaction by written notice in accordance with Section 2.3 of the Gas Supply Contract and this Letter Agreement. Recognizing that the ability to execute the bond financing will be dependent upon the continued support of you and the other prepay participants, you agree that you remain subject to the Gas Supply Contract and will not withdraw or terminate from the Gas Supply Contract except in accordance with Section 2.3 of that agreement, and that the Gas Supply Contract will be legally valid and binding on you upon bond pricing, completion of information as outlined above and execution by MMGA (subject to your right of prior termination in accordance with Section 2.3 of the Gas Supply Contract). Should you duly exercise your right to terminate the Gas Supply Contract in accordance with Section 2.3 of the Gas Supply Contract (as extended by paragraph 1 above), then the Gas Supply Contract, Qualifying Use Certificate and counsel's opinion will be promptly returned to you and neither you nor us will have any further liability or obligation. Except as set forth herein, this Letter Agreement does not waive or amend any of the terms or provisions of the Gas Supply Contract and related documents, and all of those documents and their terms and provisions remain unchanged and are enforceable in accordance with their terms. Please indicate your acceptance and agreement by signing below and returning to me the enclosed copy of this letter. Sincerely, Jack Kegel President and Chief Executive Officer Minnesota Municipal Gas Agency -2- 1 March 25, 2008 Page 3 1 ACCEPTED AND AGREED: Hutchinson Utilities lk By: )...,,.- Name (Print): r _ 9,��i1 Its: W —f-- Dated: 'l`'X� .2008 [Signature Page to Letter Agreement relating to Gas Supply Contract with MMGA] 325825.DOC 1 S-1 - J - Recommendation for Power Plant Improvements: Our recommendation for the Power Plant Improvements is to award the bid to Nygaard Enterprises in the amount $198,529.00. Over the course of the past few months, the scope of the project increased and the bids came in higher than budgeted ($245,000.00). Because of the increase in the scope of the project, we divided the original Phase I Improvements into three areas explained below. In recommending the Power Plant Improvements only, this will allow HUC to evaluate the landscaping portion of the original plan and budget accordingly for next year. Plant 1 Building Improvements; consisting of general restoration of building exterior, painting, tuck - pointing, and new brick fagade. 2. Phase 1A Site Improvements; consisting of fencing and landscaping along the north and west side of site. 3. Phase 1 B Site Improvements; consisting of paving, landscaping and storm water management on the south and east portion of site. u 1 ri 1 1 c 0 cn E O U C O c U c 0 .n ca . co F z W G W O w CL z J a W O a CIT a) 0 c m a) Q O] Z w co U5 z N U a W z 0 N 0 U I— U w J w 0 U W 0 af w F- N Q U z Q J W w H N a) co m o L O cu L (6 cu ce) -O M —_ c O — cu cu E O O O 0 O O r 09. r 609 ,70 U a) U -2 L cB 0 0 0 cu co co co co c C E O >Q ti o V) O m -g c E Cal CN � 0) � +�� m .. C 00 Odd 00 C) LO N O C0)It a) 7O04 d' OcMM CoNt 0 E a) 0tio�r�r E cn cu >O Q NCO (OO)co O ER « .? (p V> U9 b)Lo(o 0) V!)- V!)- 09, L .:2 ti �_ N p �_ Em�¢Q QQ�¢Q Q c c °o � a) 0 o L°c) a)a)E � (0 o oQ rn 1- ti CL L N It E°° N — K? EFL EA U LO O C{i L U U') O E C (n CO LO cM cn co . cu O LO LO C z Z Ln O I� (n LID �L Z v >, Z v (D v >, Z 2....- Z C 3 C Q a) ) U cu C L o D)0 C > Oo) O O O 0) owc:) Cw O E C) cU00OU= LO c-°N c U 0(D a)0 a) U� o�� CU �jE cuN+V+ �N Q-•�L cu o aV, _ _ N 2 Z _ a) 0 c m a) Q O] Z w co U5 z N U a W z 0 N 0 U I— U w J w 0 U W 0 af w F- N Q U z Q J W w H N S .�® HAUGEN ARCHITECTURE, INC. 1 ^rcnitecture • Planning • Adaptive Reuse & Renovation May 22, 2008 Jan Sifferath, Business Manager Hutchinson Utilities Commission 225 Michigan St. S.E. Hutchinson, MN 55350 RE: Bid Results, New Materials Center and Remodel of Existing Warehouse at North Complex Dear Jan; Sealed bids were received on May 14, 2008 for the above mentioned project. The project includes remodeling the existing cold storage building, construction of a new office /warehouse with mezzanine and new concrete pavement and base at the North Complex. Six bids were received with the low bid of $563,000.00 from KC Companies, Waite Park, Mn. The average amount of the six bids was $631.647.00. Delete alternates were requested for the extent of work to remodel the existing cold storage building and also the work invested in the extensive concrete pavement area. Net construction cost for the office /warehouse of $409,000, is $81 per square foot. Net construction cost for the cold storage building of $17,000, is $3.54 per square foot. Average costs for the cold storage alternate were twice the cost included by KC Companies and the real cost of work associated should be $7 per square foot. Costs for the concrete pavement and base of $137,000, is $4.44 per square foot. In response to current economic conditions, construction bids in general have been very favorable. Many construction materials are at all -time highs and monthly cost increases are not uncommon. Soil borings were not provided for the project, thus unsuitable soils may be encountered below the specified 12" sub -cut. Unit costs were requested for additional excavation and addition fill at the pavement and building areas. Costs provided by KC Companies were the lowest of the six bidders. 13 Washington Avenue West ° Suite 203 • Hutchinson MN 55350 • telephone /fax 320.587.6074 • haugenar®hutchtel.net Although I have no personal experience with KC Companies, I have called several references provided by Jeff Baggenstoss, Vice President of Operations. Comments received were very favorable in terms of project delivery, quality of work, timely paying their bills and reasonable charges for changes in work. Considering their performance on previous projects and the scope of this project, I would recommend that the Utility Commission enter into a contract for the above mentioned project with KC Companies, Waite Park, Mn. with the base bid of $563,000.00. Please call me at (320) 587 -6074 if you have any questions. Sincerely, a C—�l M 4 —1 -- — - Jim Haugen, AIA Haugen Architecture, Inc L 1 1 KC Companies $563,000 Alliance Bldg. $608,936 Ebert Construction $628,700 RAM $640,100 CornerStone $659,000 Schatz $690,147 In addition to the cost of the building, there is a total of approximately $80,000 of miscellaneous items that were not part of the bid price. This brings the total job price to approximately $643,000. The $80,000 difference can be paid from other capital projects that were under bid as well as deferring a couple of projects to 2009. It is our recommendation that we award the contract to KC Companies of Waite Park, MN for the complete job. 1 u 1 1 -:- Document A101 TM —1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Second day of June in the year of Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Hutchinson Utilities Commission of the City of Hutchinson 225 Michigan St, SE Hutchinson, MN 55350 Telephone Number: 320.587.4746 and the Contractor: (Name, address and other information) KC Companies, Inc 734 First St S Waite Park, MN 56387 Telephone Number: 320.217.2640 Fax Number: 320.217.2642 The Project is: (Name and location) Hutchinson Utilities 2008 Facility Addition 225 Michigan St SE Hutchinson, MN 55350 The Architect is: (Name, address and other information) Haugen Architecture, Inc. 13 Washington Ave West Suite 203 Hutchinson, MN 55350 Telephone Number: 320- 587 -6074 Fax Number: 320 -587 -6074 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. VVARNMG: This AIA'" Document is protected by U.S. Copyright Craw and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No. 1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 180 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date December 2, 2008 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five hundred seventy -four thousand four hundred sixty -six dollars ($ 574,466.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document At 01 TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthonzeci reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No.1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) I Base bid $563,000.00 Sprinkler (Attic Dry System) $ 11,466.00 Total Construction Amount $ 574,466.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) 1. Additional import fill - compacted volume Cost/ Cubic $ 12.00 Yard 2. Additional removal of unsuitable material Cost/Cubic $ 19.00 encountered below the 12" sub -cut with Yard imported granular fill - compacted ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A101 TM — 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Lai,,, and International Treaties. Unauthorized 3 reproduction or distribution of this AIA'`'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to tine maximum extent possible under the taw. This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No.1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201 -1997; 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and 4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -1997. AIA Document A101 TM — 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Lai,,, and International Treaties. Unauthorized 3 reproduction or distribution of this AIA'`'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to tine maximum extent possible under the taw. This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No.1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) § 5.1.7 The progress payment amount determined in accordance with Section 5.1,6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and) (Paragraph deleted) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Twelve percent ( 12,00% ) per annum AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA```' Document is protected by U.S, Copyright Law and International Treaties, Unauti1or Z(,,d 4 reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the. maximum extent possible under the law. This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No.1000316393_1 which expires on 8/1412008, and is not for resale, User Notes: (3404417646) I 2 1 (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Jason Sturges, Inventory Agent 225 Michigan St. SE Hutchinson, MN 55350 § 7.4 The Contractor's representative is: (Name, address and other information) Jeff Baggenstoss, Vice President of Operations KC Companies, Inc. 734 First St S Waite Park, MN 56387 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1987. § 8.1.2 The General Conditions are the 1987 edition of the General Conditions of the Contract for Construction, AIA Document A201 -1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 28, 2008 , and are as follows Document Title Pages AIA A701 Instruction to Bidders Articles 1 -8 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Division 0 Conditions of the Contract 6 Division 1 General Requirements 25 Division 2 Sitework 18 Division 3 Concrete 6 Division 4 Masonry 6 Division 6 Wood and Plastics 13 AIA Document A101 TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIAW" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AW'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No.1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) Division 7 Thermal & Moisture 10 Al Protection 04/28/08 Division 8 Doors and Windows 31 Division 9 Finishes 28 Division 10 Specialties 5 Division 11 Equipment 3 Division 15 Mechanical 108 Division 16 Electrical 82 § 8.1.5 The Drawings are as follows, and are dated April 28, 2008 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Al Site Plan, Code Review, 04/28/08 General Site Notes A2 Site Survey - Existing 04/28/08 Conditions A3 Site Demolition Plan 04/28/08 A4 Existing Cold Storage Extent 04/28/08 of Work A5 Floor Plan Office/Warehouse, 04/28/08 Mezzanine Plan, Reflected Ceiling Plan, Interior Elevations, Room Finish Schedule, Door Schedule A6 Exterior Elevations, Wall 04/2808 Sections A7 Building Section, Mezzanine 04/28/08 Stair, Pipe Rails S1 Structural Notes 04/28/08 S2 Footing & Foundation Plan, 04/28/08 Foundation Details S3 Framing & Mezzanine Plan, 04/28/08 Roof Plan, Details S4 Wall Sections, Details 04/28/08 Ml Site Plan, Floor Plan, 04/28/08 Plumbing & Sprinkler Risers M2 Plumbing Schedules, Details, 04/28/08 Symbols M3 Floor Plan, HVAC Ductwork 04/28/08 & Details M4 HVAC Schedules and Details 04/28/08 E1 Floor Plan, Lighting, Symbols 04/28/08 and Details E2 Floor Plan, Power & Special 04/28/08 Systems, Risers E3 Panel, Lighting & Motor 04/28/08 Schedules § 8.1.6 The Addenda, if any, are as follows: Number G1 G2 Date Pages 5/6/2008 8 5/9/2008 2 AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA``" Document is protected by U.S. Copyright Law and International treaties. Unauvio wc!d 6 reproduction or distribution of this AIA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be nroseaaed to the. maximum extent possible under the law. This document was produced by AIA software at 13:42:11 on 06/0212008 under Order No.1000316393_1 which expires on 8/14/2008, and is not for resale. User Notes: (3404417646) 1 r� J 1 C] Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8, § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement, They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the ContraA and the remainder to the Owner. L —dL—A- - �, OWNER (Signature) CONTRACTOR (Signature) Donald Walser, President (Printed name and title) (Printed name and title) AIA Document A101 TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U,S. Copyright Law and International Treaties. unauthorized 7 reproduction or distribution of this AIA'!" Document, or any portion of it, may result in severe civil and crirninai penalties, and will be prosecuted to the maximum extent possible under the lava. This document was produced by AIA software at 13:42:11 on 06/02/2008 under Order No. 10003163931 which expires on 8/14/2008, and is not for resale. _ User Notes: (3404417646) 1 C I.L O LL O H a W z CG G U CO W P J_ F O z Li r (0 °O- 0 O 't N O N co a� rn cu x MU U) U) �- 0 O N r O v- N O T T N N O O co IL cu M z 0 0 w 0 V) w d c �W w N > J 0 0 = z :31 ct _ o m � T m c O -p N o N p0. C� Q _ O Lq r LLo 1 00 E M O M O O O z y` a o W y O LO C, _ tp (D a O r c D O N � O V o 4t C) CO to W C") o Q J N It _ F - ~CZCvN zaZt-� o o ui 0 N `9 w °o z =zNN 3 w IL) =MM O N G _ O = =dti N m r o r- Q O t � � L C U J f6 Q N O_ .E p .EL LO N O QN uj me 7 N O - LO {� Vi z N o z z w Q W d U ai cu a a c W N QzaMU.; 0 " Ycu I- j �w M NZ O NOi J n POLICES AND REQUIREMENTS BOOKLET DEPOSIT REQUIREMENT — RESIDENTIAL AND COMMERCIAL /INDUSTRIAL Interest: Interest earned on deposits is applied to the account as a credit on the annmVeFsaFy date paid. of when the deposit was a calendar year basis. d i D 1 i Hutchinson Analysis Party Responsible Expected Completion Date Flight Path Assessment Geronimo /Aviation Systems May 30th Site Selection Analysis Geronimo /In Discussion June 13th Fatal Flaw Analysis Geronimo /In Discussion June 30th Wind Resource Study Geronimo /WindLo ics July 3rd Collector System Cost Analysis DGR/MRES/HUC Economic ProForma Analysis Geronimo July 11th Final Deliverable Report Geronimo July 14th 5/23/2008 Flight Path Assessment • Vendor: Aviation Systems • Cost: $1,500 • See attached bid Site Selection Analysis • Vendor: Westwood Professional Services • Cost: — $5,000 • See attached bid Fatal Flaw Analysis • In bidding process with multiple vendors • Westwood Professional Services • Braun Intertec • Tetra Tech • Cost: — $5,000 • See attached bid Wind Resource Analysis • In bidding process with multiple vendors • WindLogics, AWS Truewind, 3Tier • Cost: $5,000- $8,000 Collector System Cost Analysis • DGR Economic ProForma Analysis • Geronimo will run • Cost: $5,000 • Parameters to define: • Turbines • EPC and BOP Contractor • Sensitivity Analysis • Ownership and financing structures Geronimo Wind Energy, LLC 15050 Lincoln Drive #420, Edina, MN 554361 P 952.988.9000 1 F 952.988.9001 i GPM V AVI W O c� O V1 'w V � C!� V O i 1 Q '-410) v wO v ri 07 O W O O O O O O O W U TGG � r � N N N N N N N N N N N L a 0�0 0�0 00 N M .-a Ni O O O O O O O O O W U � r W L a 0�0 0�0 00 N M .-a Ni r, O o M en 0 116 06 W) V N kn In S4' 4 k N O O O O O O O O O W U � r W U W a 0�0 0�0 00 N M .-a 0�0� r, O o M en 0 116 06 W) V N kn N