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12-28-2011 HUCMRegular Meeting December 28, 2011 Members present: President Robert Hantge; Commissioner Donald H. Walser; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager Michael Kumm Members absent: Secretary Dwight Bordson and Vice President Paul Nordin President Hantge called the meeting to order at 3:00 p.m. Agenda item #4: Common Cup — Electrical Disconnect was moved to agenda item #2; Agenda item #2: Ratify Payment of Bills was moved to agenda item #3; and Agenda item #3: Approve Financial Statements /Budget Year -to -Date was moved to agenda item #4. The minutes of November 30, 2011 regular meeting, December 5, 2011 special meeting and December 15, 2011 special meeting were reviewed. A motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the minutes of November 30, 2011 regular meeting, December 5, 2011 special meeting and December 15, 2011 special meeting as written. Motion was unanimously carried. President Hantge welcomed guest, Bev Bonte of Common Cup. Bev explained Common Cup's mission to provide financial resources to those in need. Common Cup provides help one time to a customer in need of no more than 75% of their bill at a $100 cap. The Hutchinson Utilities Commission disconnect and reconnect fees are $40 each. Bev requested Hutchinson Utilities consider options in helping offset the disconnect and reconnect fees as the $100 Common Cup donation mostly goes towards paying the fees and not the customer's original outstanding utility bill. After discussion, the Board recommended GM Kumm meet with Bev regarding her request and to discuss options. The November 2011 payables were discussed. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to ratify the payment of bills in the amount of $2,793,595.67 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the November 2011 financial statements /budget year -to -date explaining overall it's been a very good year. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve the financial statements /budget year -to -date. Motion was unanimously carried. President Hantge presented GM Kumm's 2011 performance review. Commissioner Walser noted there were also comments solicited from the Commissioners in addition to the coworkers for the performance review. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to adopt GM Kumm's 2011 performance review. Motion was unanimously carried. (Performance Review attached.) Jan Sifferath presented the write off of bad debts at a total of $3,378.75. The write offs have significantly decreased since 2008. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve the write off of bad debts at a total of $3,378.75. Motion was unanimously carried. (Write Off List attached.) GM Kumm presented the changes to the policy on payments of Hutchinson Utilities Commission payables. This policy is reviewed yearly at the request of HUC auditors. In addition to updating the year, the verbiage `or HUC Financial Manager' was added to the second paragraph. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the changes to the policy on payments of Hutchinson Utilities Commission payables. Motion was unanimously carried. (Policy attached.) GM Kumm presented the parallel generation policy. This is a part of the ongoing policy review and no changes were recommended. (Policy attached.) GM Kumm presented policies and requirements booklet, sections: inserts with utility bills; inaccessible utility equipment /meters; and identity theft — "red flag program ". No changes were recommended. GM Kumm presented changes to exempt and non - exempt handbooks, sections: training and education assistance; and workplace accommodation. Recommended changes were made to clean up verbiage for consistency. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve changes to the exempt and non - exempt handbooks, sections: training and education assistance; and workplace accommodation. Motion was unanimously carried. (Changes attached.) GM Kumm presented change order No. W -002 to Wartsila contract. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve change order No. W -002 to Wartsila contract. Motion was unanimously carried. (Change order attached.) GM Kumm presented the bid tabulation for medium voltage metal -clad switchgear — unit 5. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the bid tabulation for medium voltage metal -clad switchgear — unit 5 from E. A. Pedersen. Motion was unanimously carried. (Bid tabulation attached.) President Hantge presented requisition #004711 for a 2012 Dodge Durango for General Manager, from Dodge of Burnsville in the amount of $27,174.04. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve requisition #004711 for a 2012 Dodge Durango for General Manager, from Dodge of Burnsville in the amount of $27,174.04. Motion was unanimously carried. (Requisition attached.) Division Reports Finance — Jared Martig • Due to year -end reports, financials for January commission meeting may be e- mailed separate from packet. Natural Gas — John Webster • Working with the EPA regarding their response to HUC's greenhouse gas report dealing with CO2 emissions. Business — Jan Sifferath Nothing to report Legal Update Attorney Sebora reported on a presentation given by tenKsolar at last night's City Council meeting regarding a proposed solar energy project for the City's wastewater treatment plant. A special City meeting will take place next Wednesday, January 4 at 5:30 regarding the proposed solar energy project. Unfinished Business None New Business None On behalf of the Hutchinson Utilities Commission, President Hantge presented Commissioner Walser with a plaque and meter lamp in appreciation for his 11 years of service to the Commission. President Hantge welcomed Leon Johnson as the new Commissioner starting January 2012. There being no further business, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to adjourn the meeting at 4:02 p.m. Motion was unanimously carried. ATTEST: Dwight Bordson, President Leon Johnson, Secretary Regular Meeting December 28, 2011 Members present: President Robert Hantge; Commissioner Donald H. Walser; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager Michael Kumm Members absent: Secretary Dwight Bordson and Vice President Paul Nordin President Hantge called the meeting to order at 3:00 p.m. Agenda item #4: Common Cup — Electrical Disconnect was moved to agenda item #2; Agenda item #2: Ratify Payment of Bills was moved to agenda item #3; and Agenda item #3: Approve Financial Statements /Budget Year -to -Date was moved to agenda item #4. The minutes of November 30, 2011 regular meeting, December 5, 2011 special meeting and December 15, 2011 special meeting were reviewed. A motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the minutes of November 30, 2011 regular meeting, December 5, 2011 special meeting and December 15, 2011 special meeting as written. Motion was unanimously carried. President Hantge welcomed guest, Bev Bonte of Common Cup. Bev explained Common Cup's mission to provide financial resources to those in need. Common Cup provides help one time to a customer in need of no more than 75% of their bill at a $100 cap. The Hutchinson Utilities Commission disconnect and reconnect fees are $40 each. Bev requested Hutchinson Utilities consider options in helping offset the disconnect and reconnect fees as the $100 Common Cup donation mostly goes towards paying the fees and not the customer's original outstanding utility bill. After discussion, the Board recommended GM Kumm meet with Bev regarding her request and to discuss options. The November 2011 payables were discussed. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to ratify the payment of bills in the amount of $2,793,595.67 (detailed listing in payables book). Motion was unanimously carried. GM Kumm presented the November 2011 financial statements /budget year -to -date explaining overall it's been a very good year. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve the financial statements /budget year -to -date. Motion was unanimously carried. President Hantge presented GM Kumm's 2011 performance review. Commissioner Walser noted there were also comments solicited from the Commissioners in addition to the coworkers for the performance review. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to adopt GM Kumm's 2011 performance review. Motion was unanimously carried. (Performance Review attached.) Jan Sifferath presented the write off of bad debts at a total of $3,378.75. The write offs have significantly decreased since 2008. A motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve the write off of bad debts at a total of $3,378.75. Motion was unanimously carried. (Write Off List attached.) GM Kumm presented the changes to the policy on payments of Hutchinson Utilities Commission payables. This policy is reviewed yearly at the request of HUC auditors. In addition to updating the year, the verbiage 'or HUC Financial Manager' was added to the second paragraph. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the changes to the policy on payments of Hutchinson Utilities Commission payables. Motion was unanimously carried. (Policy attached.) GM Kumm presented the parallel generation policy. This is a part of the ongoing policy review and no changes were recommended. (Policy attached.) GM Kumm presented policies and requirements booklet, sections: inserts with utility bills; inaccessible utility equipment/meters; and identity theft — "red flag program ". No changes were recommended. GM Kumm presented changes to exempt and non - exempt handbooks, sections: training and education assistance; and workplace accommodation. Recommended changes were made to clean up verbiage for consistency. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve changes to the exempt and non - exempt handbooks, sections: training and education assistance; and workplace accommodation. Motion was unanimously carried. (Changes attached.) GM Kumm presented change order No. W -002 to Wartsila contract. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve change order No. W -002 to Wartsila contract. Motion was unanimously carried. (Change order attached.) GM Kumm presented the bid tabulation for medium voltage metal -clad switchgear — unit 5. After discussion, a motion was made by Commissioner Walser, seconded by Commissioner Lenz to approve the bid tabulation for medium voltage metal -clad switchgear — unit 5 from E. A. Pedersen. Motion was unanimously carried. (Bid tabulation attached.) President Hantge presented requisition #004711 for a 2012 Dodge Durango for General Manager, from Dodge of Burnsville in the amount of $27,174.04. After discussion, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to approve requisition #004711 for a 2012 Dodge Durango for General Manager, from Dodge of Burnsville in the amount of $27,174.04. Motion was unanimously carried. (Requisition attached.) Division Reports Finance — Jared Martig • Due to year -end reports, financials for January commission meeting may be e- mailed separate from packet. Natural Gas — John Webster • Working with the EPA regarding their response to RUC's greenhouse gas report dealing with CO2 emissions. Business — Jan Sifferath Nothing to report Legal Update Attorney Sebora reported on a presentation given by tenKsolar at last night's City Council meeting regarding a proposed solar energy project for the City's wastewater treatment plant. A special City meeting will take place next Wednesday, January 4 at 5:30 regarding the proposed solar energy project. Unfinished Business None New Business None On behalf of the Hutchinson Utilities Commission, President Hantge presented Commissioner Walser with a plaque and meter lamp in appreciation for his 11 years of service to the Commission. President Hantge welcomed Leon Johnson as the new Commissioner starting January 2012. There being no further business, a motion was made by Commissioner Lenz, seconded by Commissioner Walser to adjourn the meeting at 4:02 p.m. Motion was unanimously carried. LY Johnson, Secretary I r M19 Bo on, President From: Paul Nordin To: Hutchinson Utilities Commission Re: Annual review of General Manager Mike Kumm Fellow Commissioners: Previously you directed Commissioner Dwight Bordson and me to conduct an appraisal of General Manager Mike Kumm's performance during the current calendar year. As has been the custom in previous years we would like to show in the public record of the December regular meeting of the Hutchinson Utilities Commission that such an appraisal was conducted. Commissioner Bordson and I met with Mr. Kumm November 8, 2011. Prior to this date comments were solicited from Mr. Kumm's coworkers regarding his performance in the areas of administration, leadership, interpersonal skills, communication, motivation, self management, and organizational knowledge and strategy. Mr. Kumm's appraisal consisted of a summary of feedback received as well as our comments. Commissioners, we find that Mr. Kumm's performance in the current calendar year satisfactorily meets or exceeds our overall expectations. We respectfully ask that you adopt these findings as Mr. Kumm's performance review for 2011. 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(Resolution 153 was amended on March 25, 2009 and reads as follows): Resolution 153 authorizes HUC Accountant or HUC Financial Manager to transfer funds by wire or other electronic means. Claims shall be paid upon proper presentation during the year 20 2012. This policy shall be reviewed on an annual basis. Amended November 30, 2010 Hutchinson Utilities Commission Parallel Generation (40 kW or less) — Net Energy Billing 1. Effective In All territories served by Hutchinson Utilities Commission. 2. Availability Available for single -phase and three -phase customers where a part or all of the electrical requirements of the customer are supplied by the customer's generating facilities, where such facilities have a total generating capability of 40 kW or less, where such facilities are connected in parallel with the utility and where such facilities are approved by the utility. The budget payment plan will not be available to customers with parallel generation. 3. Rate The customer shall be billed monthly on a net energy basis and shall pay the fixed charge and energy charge specified in the rate schedule under which he is served. If, in any month, the customer's bill has a credit balance of $100 or less, _the amount shall be credited to subsequent bills until a debit balance is reestablished. If the credit balance is more than $100, the utility shall reimburse the customer by check upon request. Monthly credits shall be computed by taking the net excess kilowatt-hours produced times the sum of the current (P -1) Rate schedule. (the average monthly cost of wholesale power to the City of Hutchinson). 4. Metering and Services Facilities A customer who is served under a regular rate schedule shall have any ratchet and /or other device removed from his meter to allow reverse power flow and measurement of net energy used. Customers eligible for net energy billing but with existing metering facilities equipped with ratchets or other devices preventing reverse registration (i.e. time -of -use metering facilities) may request that the utility install the necessary metering to permit such billing. 5. Customer Obligation See Sections 9 and 10. 1 Customer -Owned Generation Systems (Greater than 40 kW) 1. Effective In All territories served by Hutchinson Utilities Commission. 2. Availability Available for single -phase and three -phase customers where a part or all of the electrical requirements of the customer are supplied by the customer's generating facilities, where such facilities have a total generating capability of greater than 40 kW and less than or equal to 100 KW, where such facilities are connected in parallel with the utility. Customers not desiring to sell energy under this rate have the right to negotiate a buy -back rate. The energy rate indicated below is the minimum for electrical energy. Customers with generating facilities greater than 100 kW can negotiate a buy -back rate. Should the utility be unwilling to pay the minimum rate for electrical energy, the utility shall agree to transport such electrical energy to another utility that will pay such minimum rate. The utility shall recover actual costs of such transportation from the generating customer. The budget payment plan will not be available to customers with parallel generation 3. Rate Customers shall receive monthly payments for all electricity delivered to the utility and shall be billed by the utility for metering and associated billing expenses specified in the latest rates of the wholesale supplier unless the latest rates of the wholesale supplier do not properly reflect avoided costs. In such event, the Commission, upon request, may determine appropriate rates. The utility shall have on file a copy of the latest customer -owned generation system rates for its wholesale supplier. 4. Minimum Charge The monthly minimum charge paid by the customer shall be the customer charge. 5. Power Factor The customer shall operate on a net power factor of not less than 94 percent. A power factor penalty will apply if the power factor drops below 94 percent. 2 Customer -Owned Generation Systems (Greater than 40 kW) continued 6. Negotiated Rates Customers with generation systems greater than 100 kW can negotiate a buy- back rate. Customers with generation systems greater than 40 kW and less than or equal to 100 kW have the right to negotiate a buy -back rate. The buy -back rate cannot be greater than the full, avoided cost. The following are the required procedure guidelines: a. The utility must respond to the customer -owned generating system within 30 days of the initial written receipt of the customer -owned generating system proposal and within 30 days of receipt of a subsequent customer - owned generating system proposal, b. The utility's rejection of the customer -owned generating system proposal must be accompanied by a counter -offer relating to the specific subject matter of the customer -owned generating system proposal, and C. If the utility is unable to respond to the customer -owned generating system proposal within 30 days it shall inform the customer -owned generating system of: 1) Specific information needed to evaluate the customer -owned generating system proposal. 2) The precise difficulty encountered in evaluating the customer - owned generating system proposal. 3) The estimated date that it will respond to the customer -owned generating system proposal. d. The Commission may become involved in the utility negotiations upon showing by either utility or the customer -owned generating system that a reasonable conclusion cannot be reached under the above guidelines. The Commission may provide a waiver to the guidelines and order new negotiation requirements so that a reasonable conclusion can be reached. e. A copy of all negotiated buy -back rates shall be given to the Commission. These rates shall not be effective until, approved by the Commission. 3 Customer -Owned Generation Systems (Greater than 40 kW) continued 7. Charqes for Energy Supplied by the Utility Energy supplied by the utility to the customer shall be billed in accordance with the standard applicable rate schedules of the utility. 8. Maintenance Rate A customer -owned generation facility may be billed lower demand charges for energy purchased during scheduled maintenance provided written approval is obtained in advance from the utility. Demand charges other than "Distribution Demand" shall be prorated if maintenance is scheduled such that the utility does not incur additional capacity costs. Said probation shall be demand charge times the number of authorized days of scheduled maintenance divided by the number of days in the billing period. M Customer -Owned Generation Systems (Less than 40KW and Greater than 40KW) 9. Contract Required A contract is required between the utility and the customer -owned generation facility. The contract shall specify safety, system protection, and power quality rules that generators must comply with. Contracts with customer -owned generation facilities selling energy under the standard (non- negotiated) rate have no specific term or length. Contracts with customer -owned generation facilities selling energy under a negotiated rate shall contain performance requirements and be of sufficient length to ensure the utility avoids the costs for which the customer -owned generation facility has been paid. 10. Customer Obligation a. Metering Facilities The customer shall furnish, install and wire the necessary service entrance equipment, meter sockets, meter enclosure cabinets, or meter connection cabinets that may be required by the utility to properly meter usage and sales to the utility. b. Interconnection Costs The owner of the generating facility shall be required to pay all interconnection costs, incurred by the utility. The owner shall pay said costs, including financing costs, prior to the final service connection to the Hutchinson Utilities electrical system. C. Insurance Hold Harmless and Government Approval The customer shall keep in force liability insurance, of at least $300,000.00, against personal or property damage due to the installation, interconnection, and operation of the customer's generating facility. The customer shall provide proof of insurance to the utility on an annual basis. The management of the utility, in its discretion, may require that the customer post a bond or other type of security in an amount it deems necessary to protect the assets of the utilities' system from damage arising out of the operation of the customer's system. The customer will hold the utility harmless and indemnify the utility from all claims of damage whatsoever. The customer is responsible for obtaining all governmental permits and approvals. 5 d. Interconnection and Operation (Safety and Power Quality) Requirements Electric Service to a customer -owned electric generation installation may be disconnected for failure to comply with these requirements. 1) Interconnection of a generating facility with the utility system shall not be permitted until application has been made to and approval received from the electric utility. The utility may withhold approval only for good reason such as failure to comply with applicable utility or governmental rules or laws. The utility shall require a contract specifying reasonable technical connection and operating aspects for the parallel generating facility. 2) The utility may require that for each generating facility there is provided between the generator or generators and the utility system, a lockable load -break disconnect switch. For installations interconnected at greater 600 volts a fused cutout switch may be substituted, where practicable. The switches shall be accessible to the utility for the purpose of isolating the parallel generating facility from the utility system when necessary. 3) The utility shall require a separate distribution transformer for a customer having a generating facility where necessary, for reasons of public and employee safety or where the potential exists for the generating facility causing problems with the service of other customers. Ordinarily the requirement should not be necessary for an induction -type generator with a capacity of 5 kW or less, or other generating units of 10 kW or less that utilize line- connected inverters. 4) Where necessary, to avoid the potential for a facility causing problems with the service of other customers, the utility should limit the capacity and operating characteristics of single -phase motors. Ordinarily single -phase generators should be limited to a capacity of 10 kW or less. 5) The utility shall require that each generating facility have a system for automatically isolating the generator from the utility's system upon loss of the utility supply, unless the utility desires that the local generation be continued to supply isolated load. For synchronous and induction generators such protection against continued operation when isolated from the utility system will ordinarily consist of over - current protection, fuse or circuit breaker, plus a voltage or frequency controlled contactor which would automatically disconnect the unit whenever its output voltage or frequency drifted to outside predetermined limits, such as plus or minus 10 percent of the rated values. Other suitable protective systems against abnormal voltages of frequencies may be accepted by the utility. 6) The utility shall require that the customer discontinue parallel generation operation when it so requests and the utility may isolate the generating installation from its system at times: During such times, Hutchinson Utilities Commission shall not be liable for revenue lost by the customer. a) When considered necessary to facilitate maintenance or repair of utility facilities. b) When considered necessary during system emergencies. c) When considered necessary during such times as the generating facility is operating in a hazardous manner, or is operating such that it adversely affects service to other customers or to nearby communication systems or circuits. 7) The owner of the generating facility shall be required to make the equipment available and permit entry upon the property by electric and communication utility personnel at reasonable times for the purposes of testing isolation and protective equipment, and evaluating the quality of power delivered to the utility's system; and testing to determine whether the local generating facility is the source of any electric service or communication systems problems. 8) The power output of the generating facility shall be maintained such that the frequency and voltage are compatible with normal utility service and do not cause that utility service to fall outside the prescribed limits of Commission rules and other standard limitations. V 9) The generating facility shall be operated so that variations from acceptable voltage levels and other service impairing disturbances do not result in adverse effects on the service or equipment of other customers, and in a manner that does not produce undesirable levels of harmonics in the utility power supply. The customer agrees to disconnect the generating facility from the HUC distribution system or reimburse HUC for the cost of necessary system modifications if operation of the generating facility causes radio, television, internet, or electrical service interference to other 7 customers, or interference with the operation of the HUC electrical system. 10) The owner of the generating facility shall be responsible for providing protection for the owner's installation equipment and for adhering to all applicable national, state and local codes. The design and configuration of certain generating equipment such as that utilizing line- commutated inverters sometimes requires an isolation transformer as part of the generating installation for safety and for protection of generating facilities. 11) Customer agrees to locate the generating facility so as to not interfere with the HUC distribution system. Customer agrees that the installation shall be in compliance with all applicable electric codes and the generating facility will be operated only after installation has been inspected and approved by appropriate authorities. Customer agrees to obtain all required permits, building and zoning information, and applicable inspections. 12) The customer agrees to reimburse HUC for any addition, modification, or replacement of any distribution components made necessary by the customer's installation. 13) Customer agrees to effectively install grounding and provide surge arrestor protection to prevent lightning damage to HUC distribution system. 11. Utility Obligation a. Meterinq Facilities The utility shall own and install appropriate meter to record all flows of energy necessary to bill in accordance with the charges and credits of the rate schedule. b. Notice to Communication Firms Each electric utility shall notify telephone utility and cable television firms in the area when it knows that customer -owned generating facility is to be interconnected with its system. This notification shall be as early as practicable to permit coordinated analysis and testing in advance of interconnection, if considered necessary by the electric or telephone utility or cable television firm. n 12. Right to Appeal The owner of the generating facility interconnected or proposed to be interconnected with a utility system may appeal to the Commission should any requirement of the utility service rules or the required contract be considered to be excessive or unreasonable. Such appeal will be reviewed and the customer notified of the Commission's determination. W Contract for Parallel Generation facilities This contract is entered into Commission (hereafter called "Utility ") and (hereafter called "customer ") The customer has located at RECITALS by Hutchinson Utilities installed electric generating facilities, consisting of rated at kilowatts of electricity, on property The customer is prepared to generate electricity in parallel with the Utility. The customer meets the requirements of the Utilities rules on parallel generation and any technical standards for interconnection the Utility has established that are authorized by those rules. The Utility is obligated under federal and Minnesota law to interconnect with the customer and to purchase electricity offered for sale by the customer. AGREEMENTS The customer and the Utility agree: 1. The Utility will sell electricity to the customer under the rate schedule in force for the class of customer to which the customer belongs. 2. Payment per KWH for Energy delivered to HUC, in Excess of Energy Used by the customer. $ see, #3 in Parallel Generation (40KW or less). 3. The rates for sales and purchase of electricity may change over the time this contract is in force, due to actions of the Utility. The customer and the Utility agree that sales and purchases will be made under the rates in effect each month during the time this contract is in force. 4. The customer must operate its electric generating facilities within any rules, regulations, and policies adopted by the utility, which provide reasonable technical connection and operating specifications for the customer (Hutchinson Utility Commission's rules and regulations applicable to parallel generation are attached). W] 5. The customer will operate its electric generating facilities so that they conform to the national, state, and local electric and safety codes, and will be responsible for the costs of conformance. 6. The customer is responsible for the actual, reasonable costs of interconnection which are estimated to be $ The customer will pay the Utility in this way 7. The customer will give the Utility reasonable access to its property and electric generating facilities if the configuration of those facilities does not permit disconnection or testing from the Utility's side of the interconnection. If the Utility enters the customer's property, the Utility will remain responsible for its personnel. 8. The Utility may stop providing electricity to the customer during a system emergency. The Utility will not discriminate against the customer when it stops providing electricity or when it resumes providing electricity. 9. The Utility may stop purchasing electricity from the customer when necessary for the Utility to construct, install, maintain, replace, remove, investigate, or inspect equipment or facilities within its electrical system. The Utility will notify the customer before it stops purchasing electricity in this way. 10. The customer shall keep in force liability insurance, of at least $300,000.00, against personal or property damage due to the installation, interconnection, and operation of customer's generating facility and shall provide annual proof of the insurance to the Utility. To protect the assets of the Utility's system, the customer shall provide to the Utility security in the form of a in the amount of $ . The customer agrees to indemnify and hold harmless the Utility from all claims whatsoever arising from customer's generating system. 11. This contract becomes effective when signed by the customer and the utility. This contract will remain in force until either the customer or the Utility gives written notice to the other that the contract is canceled. This contract will be canceled 30 days after notice is given. 12. This contract does not serve as an approval of the customer's generating system for planning, zoning or permit purposes. The customer shall have the responsibility to obtain proper approval and permits from the City of Hutchinson or other governmental entities pertaining to the construction and operation of the customer's generating system. IF 13. This contract contains all the agreements made between the customer and the Utility. The customer and the Utility are not responsible for any agreements other than those stated in this contract. THE CUSTOMER AND THE UTILITY HAVE READ THIS CONTRACT AND AGREE TO BE BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH SIGNED THIS CONTRACT BELOW ON THE DATE WRITTEN AT THE BEGINNING OF THIS CONTRACT. Customer In Date: 12 HUTCHINSON UTILITIES COMMISSION go Date: EXEMPT TRAINING AND EDUCATION ASSISTANCE The Commission encourages its employees to seek individual and career development through job - related training and education. The Commission provides financial assistance for successful completion of qualifying programs and courses. Tuition, registration fees and other course - related fees would be reimbursed after successful completion of a course. To apply for education assistance, employees must submit a request to their Director, Manager, or Supervisor no later than five working days prior to registration. The Director, Manager or Supervisor and the General Manager must approve the course, seminar, or program. Only courses that are job - related and provide potential for career advancement with the UtilitiesHUC are eligible for reimbursement. The following criteria must be met: • The maximum amount of reimbursement will be $6,000 per calendar year. If coursework or tuition exceeds this amount, then the Director or General Manager will approach the Commission to request a waiver. To request a waiver, the coursework must be directly related to the employee's position within the company, or if the degree the employee is seeking is beneficial to the company; in other words, it would be difficult to hire someone who already has that degree. • Reimbursement is contingent on receiving a "pass" or minimum grade of "C ". • Employee must study on their own time. Use of HUC computers is allowed in accordance with the IT policy. • An employee must remain employed at the Ut�iesHUC for twenty -four (24) calendar months after completion of a course, or must repay to the- Wiliti HUC all reimbursements received for the course. EXEMPT WORKPLACE ACCOMMODATION The - Uti1ity1jUQ shall make workplace accommodations in accordance with state and federal law. An employee who believes he or she qualifies for a reasonable accommodation under the Americans with Disabilities Act (ADA) shall submit a request for accommodations to the General Manager. The — Utility HUC shall engage in an interactive process with employees who request accommodation in order to identify the specific physical and mental abilities and limitations as they relate to essential job functions; barriers to the performance of essential job functions; and how these barriers could be overcome with reasonable accommodation. The employee may be requested to provide written documentation from a healthcare provider relating to the employee's medical condition and request for accommodation. If an employee refuses to provide such written documentation and /or sign an authorization allowing the AgityHUC to contact the healthcare provider, the t UC will evaluate the employee's request based on the information available to the —U yHUC. T "it -HUC shall, in the process of evaluating potential accommodations, determine which, if any, potential accommodations present an undue hardship to the— +tyHUC or the department in which the employee works. NON - EXEMPT TRAINING AND EDUCATION ASSISTANCE The Commission encourages its employees to seek individual and career development through job - related training and education. The Commission provides financial assistance for successful completion of qualifying programs and courses. Tuition, registration fees and other course - related fees would be reimbursed after successful completion of a course. To apply for education assistance, employees must submit a request to their Director, Manager, or Supervisor no later than five working days prior to registration. The Director, Manager or Supervisor and the General Manager must approve the course, seminar, or program. Only courses that are job - related and provide potential for career advancement with the UtilitiesHUC are eligible for reimbursement. The following criteria must be met: • The maximum amount of reimbursement will be $6,000 per calendar year. If coursework or tuition exceeds this amount, then the Director or General Manager will approach the Commission to request a waiver. To request a waiver, the coursework must be directly related to the employee's position within the company, or if the degree the employee is seeking is beneficial to the company; in other words, it would be difficult to hire someone who already has that degree. • Reimbursement is contingent on receiving a "pass" or minimum grade of "C ". • Employee must study on their own time. Use of HUC computers is allowed in accordance with the IT policy. • An employee must remain employed at the "sHUC for twenty -four (24) calendar months after completion of a course, or must repay to the Wtiliti HUC all reimbursements received for the course. NON - EXEMPT WORKPLACE ACCOMMODATION The UtifityffiUQ shall make workplace accommodations in accordance with state and federal law. An employee who believes he or she qualifies for a reasonable accommodation under the Americans with Disabilities Act (ADA) shall submit a request for accommodations to the General Manager. The— Util+tyHUC shall engage in an interactive process with employees who request accommodation in order to identify the specific physical and mental abilities and limitations as they relate to essential job functions; barriers to the performance of essential job functions; and how these barriers could be overcome with reasonable accommodation. The employee may be requested to provide written documentation from a healthcare provider relating to the employee's medical condition and request for accommodation. If an employee refuses to provide such written documentation and /or sign an authorization allowing the Jti1it ,HUC to contact the healthcare provider, the ti4tyFHUC will evaluate the employee's request based on the information available to the hi*HUC. Thy- U*i'HUC shall, in the process of evaluating potential accommodations, determine which, if any, potential accommodations present an undue hardship to the UtftHUC or the department in which the employee works. CHANGE ORDER No. W -002 Date of Issuance: 15 December 2011 Effective Date: Project: Engine Generator Set Owner: Hutchinson Utilities Owner's Contract No.: Procurement Commission Wartsila Project: P0803765 Quotation — Q0801707A4R Effective Date of Contract: September 14, 2011 Contractor: Wartsila North America, Inc. Engineer's Project No.: 155503 -002 The Contract Documents are modified as follows upon execution of this Change Order: Description: Delete one (1), 3,000 gallon cooling water surge tank as described in Exhibit A (A2.5) and Exhibit B (A2.5) Decrease $6,100.00 battery system upgrade, Increase $3,000.00 Attachments (list documents supporting change): Battery system upgrade for three (3) engine operation. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: riginal Contract Times: [] Working days ❑Calendar ys bstantial completion (days or date): $8,290,024.00 Rea or final payment (days or date): [grease] Decrease from previously approved [Increase] rease] from previously approve hange Orders Change Order No. W -001: No. to N/A Substantial comp lion (days): $440,000.00 Ready for final pa t (days): Contract Price prior to this Change Order: Contract Times prior to this h e Order: Substantial completion (da r date): _ $7,850,024.00 Ready for final paymen days o ate): _ [Incfease] Decrease of this Change Order: [increase] [Decrease of this Change O er: Substantial co etion (days or date): _ $3,100.00 Ready for fqQ payment (days or date): _ Contract Price incorporating this Change Order: Xeady mes with all approved Change Orders: al completion (days or date): $7,846,924.00 r final payment (days or date): REC LADED: [ ACCEPTED: % ACCEPTE ByJ:5 ` r By: i�G1c'�dl� ( -,.,_ By: gineer (Authorized Signature) Owner (Authorized Signature) C tr for (Authorized Signature) Da December 2011 Date: I Z- z 8° I Date: Dec- 20, 201 t Approved by Funding Agency (if applicable): N/A Date: - -- HUC EG Set Procurement Battery System Changes to be incorporated inito Change order W -002 Booty, Jim From: jukka.kuitunen @wartsila.com Sent: Sunday, December 18, 2011 11:03 AM To: Booty, Jim Cc: slancaster @ci.hutchinson.mn.us; Anna.Jarowicz @wartsila.com Subject: FW: DC System Changes to 24VDC- system from 1 to 3- engines: Rectifiers: from N +1 to N +2 Rectifier output: from 100A to 150A More output MCB's: 4x40A, 4x20A and 2x1 0A Capacity of VRLA batteries: from 500Ah to 800Ah Bigger fused switch for batteries: from 100A to 200A Regards Jukka Kuitunen Wartsila North America Inc. Cell. 713- 504 -7216 From: Booty, Jim To: Jarowicz, Anna; slancaster (a)ci.hutchinson.mn.us Sent: Fri Dec 16 23:47:512011 Subject: RE: DC System Anna The description below is from Exhibit B A.8.3. When providing for 3 Engines how will this change. More chargers, increased Ah, additional breakers, additional monitoring,...? jwb Each DC system for engine control consists of: Battery set Type Maintenance free sealec Capacity Approxi Voltage (DQ Charger(s) in N- PI configuration Incl. Battery main switch DC system monitoring unit Miniature circuit breakers for CSC feeders HUC CO W -002 Iof3 Battery System Changes to be incorporated inito Change order W -002 From: Anna.JarowiczOwartsila.com [ mailto :Anna.JarowiczC@wartsila.coml Sent: Friday, December 16, 2011 1:48 PM To: Booty, Jim; slancaster(&ci.hutchinson.mn.us Subject: RE: DC System Jim, Is the description below adequate? Description: Increase capacity of DC System for engine and auxiliary control from supporting one engine as defined in Exhibit B (Section A8.3) to supporting three engines. Cost: $3000.00 BR, AJ From: Booty, Jim [mailto:Jim.BootyCa)hdrinc.coml Sent: Friday, December 16, 2011 1:24 PM To: Jarowicz, Anna; slancaster (abci.hutchinson.mn.us Subject: RE: DC System Anna We will accept your suggestion. For the preparation of the CO please provide a brief description of the change (Size, Quantity etc.) with a $$ amount and we will incorporate it into CO W -002 and reissue. Alternatively if the information asked for is not available we'll make 2 Changes Orders. Jwb From: Anna.Jarowicz(a)wartsila.com [ mai Ito: Anna.Jarowicz(abwartsila.coml Sent: Friday, December 16, 2011 10:24 AM To: Booty, Jim; slancaster anci.hutchinson.mn.us Subject: HUC: DC System Importance: High Steve and Jim, We are getting prepared to order the DC system (batteries). In the process we asked for a system for 1 engine and also for 3 engines. The difference in price is $3,000. HUC CO W -002 2 of 3 Battery System Changes to be incorporated inito Change order W -002 I would recommend to go with the system that is capable of supporting 3 engines, this way you would not have to spend extra money and time with your extensions. This decision is up to you. We do have a credit to give you for the surge tank but we could combine the two changes together and give you a credit of $3100. Please let me know what you think. Best Regards, Anna jarowiez Wartsila north america, inc. W Tel: +1 281 233 6214 J Mob: +1713 304 6522 0 E -mail: anna.iarowicz @wartsila.com This email (including attachments) is confidential, maybe legally privileged, and is intended solely for the use of the intended addressee. If you suspect that you have received this email by mistake, please promptly notify the sender by telephone or by return email and destroy all copies of this email. Please note that reading, disclosing, or any other kind of processing of this email by anyone else but the intended addressee is strictly prohibited and may also be unlawful. HUC CO W -002 3of3 rVII 11, Hutchinson Utilities Commission Bid Tabulation for Medium Voltage Metal -Clad Switchgear -Unit 5 Bids December 20, 2011 V Recommend: E. A Pederse Bid Item 1 Bid Item 2 Total E.A Pedersen $136,410.00 $36,221.00 $172,631.00 Harold K Stoltz Co $158,025.00 $34,125.00 $192,150.00 Quade Electric $183,340.00 $63,480.00 $246,820.00 Wesco (Shallbetter) $210,500.00 $46,400.00 $256,900.00 E2 Electric Service Inc. $213,798.92 $56,326.00 $270,124.92 Wesco (ABB) $163,990.00 $116,000.00 $279,990.00 Myers Power Products, Inc $138,159.00 No Bid Incomplete Opend By: SCE Date: Witness GL Date: I / 2 /a O T V Recommend: E. 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