Agenda subject to change
Board of Directors Regular Meeting
HOLLAND BOARD OF PUBLIC WORKS Via Zoom Teleconference December 7, 2020 4:00 p.m.
Meeting Agenda Meeting Access Information Instructional Addendum to Access 2020-12-07 HBPW BOD Regular
1. Call to Order 2. Approval of the Agenda 3. Consent Agenda A. Minutes for Approval 2020-11-09 Minutes 2020-11-23 Minutes
B. Update Miscellaneous Fees and Charges Recommendation - Update Miscellaneous Fees and Charges 2020-12-07 Fees and Charges January 2021
C. Adjustment of Water and Sanitary Sewer Charges and Assessments Recommendation - 2020 Water and Sanitary Sewer Charges and Assessments 2020-12-07 2021 Water and Sanitary Sewer Charges and Assessments
D. WTP Low Service Pump 3 Repairs Recommendation - WTP Low Service Pump 3 Repairs
E. Pole Attachment Agreement Contract Approval Recommendation - Pole Attachment Agreement Contract Approval 2020-12-07 Comcast Agreement
F. Units 6, 7, 8 and 9 Generator Testing and Inspection Recommendation - Units 6, 7, 8 and 9 Generator Testing and Inspection 2020-12-07 GE Proposal 1535317 Rev 3
G. Bill-of-Sale and Utility Easement at Park Vista Place Recommendation - Bill-of-Sale and Utility Easement at Park Vista Place 2020-12-7 Park Vista Place Easement Map 2020-12-7 Park Vista Place Bill of Sale
4. Communications from the Audience A. 2020-12-07 Public Comments Received to HBPW - Climate Change
5. Major Projects Update
Page 1 of 232 Agenda subject to change A. 2020-12-07 Project Closeout Memo - Elevated Tank Painting and Repairs Final 2020-12-07 Project Closeout Memo - Server Infrastructure Project
6. Regular Agenda Items A. Engineering Services Contract for WRF Raw Sewage Pumps Replacement Recommendation - Engineering Services Contract for WRF Raw Sewage Pumps Replacement 2020-12-07 Fishbeck Raw Sewage Pumps Proposal 2020-12-07 Raw Sewage Pumps Capital Justification
B. Engineering Services Contract for South Holland 138kV Relocation Project Recommendation - Engineering Services Contract for South Holland 138kV Relocation Project 2020-12-07 GRP Engineering Proposal 11-10-2020 2020-12-07 S Holland 138kV Relocation Capital Justification Form
C. MERS Adoption Agreement Addenda Recommendation - MERS Adoption Agreement Addenda 2020-12-07_Defined_Benefit_Plan_Adoption_Agreement_Addendum_Final 2020-12-07_Defined_Contribution_Plan_Adoption_Agreement_Addendum_Final
7. CLOSED SESSION - General Manager Evaluation A. Action to follow 8. Other Business, if needed 9. Communication from the General Manager 10. Communications From the Board Adjourn AUDIENCE PARTICIPATION: Members of the audience may address the Board of Directors during public hearings and under “Communications from the Audience”. Audience participation includes stating name and address and limiting speaking time to five minutes. The City of Holland will provide necessary services and auxiliary aids, such as signers for the hearing impaired and audiotapes of printed materials, to individuals with disabilities, upon receipt of seven days prior notice. Person with disabilities requiring auxiliary aids services should contact the City of Holland by writing or calling: Human Relations c/o City Clerk’s Office Esther Fifelski, 270 S River Avenue Holland, MI 49423 Telephone (616) 355-1328. Document(s) available for translation upon request
La Ciudad de Holland proporcionara servicios necesarios y ayudas auxiliaries, tales como personas que usan leguaje de señas aquellos con discapacidad auditiva y Cintas de audio de materiales impresos, a las personas con discapacidad, con un aviso previo de siete días de anticipación. Las personas con discapacidades que necesiten servicios de ayudas auxiliaries deben ponerse en contacto con la Ciudad de Holland escribiendo o llamando a:Human Relations c/o City Clerk’s Office,a comunicándose con 270 S River Avenue, Holland, MI 49423, telefono (616) 355-1328. Documento(s) en traducción disponible(s) a peticion.
Posted: 2020.12.03 @ 625 Hastings Avenue
Page 2 of 232
ADDENDUM MEETING ACCESS INFORMATION HBPW Board of Directors Regular Meeting – December 7, 2020
As allowed by State of Michigan law and in accordance with Michigan Department of Health and Human Services guidance limiting inside gatherings, the Holland Board of Public Works Regular Meeting will be held via teleconference only. Should you wish to participate in the meeting, below is a URL link to the Zoom virtual meeting as well as phone number access. You may make public comments in writing via e-mail prior to the meeting at: [email protected]
Zoom Meeting (web or phone)
Via web Phone one-tap: US: +1 929 205 6099,, 960 2294 1415# or +1 301 715 8592,, 960 2294 1415#
Meeting URL: https://zoom.us/j/96022941415?pwd=YjF5VWgxNzhFSmZML0F0anZSaFlndz09
Meeting ID: 960 2294 1415
Password: 033792
Via phone For higher quality, dial a number based on your current location.
Dial: US: +1 929 205 6099 or 1 301 715 8592 or 1 312 626 6799 or +1 669 900 6833 Or +1 253 215 8782 or +1 346 248 7799 or +1 888 475 4499 (Toll Free) or +1 877 853-5257 (Toll Free)
Meeting ID: 960 2294 1415 Find your local number: https://zoom.us/u/aj2an4vtJ
Page 3 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 1 of 5
REGULAR MEETING
The HBPW Board of Directors met November 9, 2020 at 4:00 p.m. Via Zoom Teleconference
Chair Hemingway called the meeting to order at 4:04 p.m.
Members Tim Hemingway (Holland, MI), Diane Haworth (Holland, MI) arrived at 4:12, Sue Franz (Holland, MI), Present: Paul Lilly (Holland, MI), P.J. Thompson (Holland, MI), City Council Liaison Nathan Bocks (Holland, MI), and Ex Officio Members Bob Shilander (Park Township, MI), and Keith Van Beek (Holland, MI)
Members None Absent:
Staff Dave Koster, Janet Lemson, Ted Siler, Joel Davenport, Becky Lehman, Chuck Warren, Grant Koster, Present: Pete Hoffswell, Steve Bruinsma, Jane Monroe, Chris Van Dokkumburg, Julie DeCook
21.087 Approval of Agenda
Board Member Lilly made a motion to approve the agenda. The motion was seconded by Board Member Thompson.
21.088 Board Minutes – Regular Meeting Minutes of October 12, 2020, and Special Meeting Minutes of October 26, 2020
As part of the Consent Agenda, the Board of Directors approved the minutes as presented.
Action on Consent items:
Motion to approve, accept, or adopt Consent Lilly Agenda items Second Thompson Hemingway Y Haworth No vote Franz Y Lilly Y Thompson Y Favor 4 Oppose 0
21.089 Communications from the Audience
No in-person comments were made at the meeting. We received seven public comments regarding climate change in our [email protected] e-mail box in the last 30 days.
Motion to approve public comments made by Lilly and seconded by Thompson. Motion passed 4/0
21.090 Major Project Update
For information only
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.09
Page 4 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 2 of 5
21.091 College Avenue Fiber Underground Project and South Holland Loop
College Ave Underground Electric Distribution has a FY21 reliability and aesthetics project to move the overhead electric circuit on College Avenue to underground from 12th Street to 24th Street. HBPW has fiber installed on the poles along College Avenue for multiple blocks. The original project for Broadband involved following Electric Distribution and moving the existing overhead fiber to underground and installing additional fiber in the remaining blocks along College Avenue. As part of this project, Electric Distribution will also have to install underground circuits to the east and west backlot overhead lines along College Avenue. Broadband proposes expanding the current project to include the installation of handholes and fiber conduits to the backlot lines in preparation for future expansion. The fiber cables to the back lots would not be installed until such a time as a decision is made on a cost recovery model for Broadband expansion.
This installation of conduit is approximately 10% of the total cost to install the fiber passings in this area, with the potential to reach 482 customers. At a 30% take rate, we estimate a positive IRR in year five if expansion proceeds in the future. Broadband expects there to be demand for service in this area and an opportunity for GPON expansion using different cost recovery models.
The original budget for the College Avenue underground project is $26,800. The installation of handholes and conduits to the backlot overhead lines is an estimated additional cost of $43,200.
South Holland Loop A recent expansion of the Broadband network down Interchange Drive to serve the new Perrigo warehouse buildings has opened up an opportunity to cost effectively loop the south Holland Broadband network for reliability purposes. Building a short connector from Interchange Drive, under I-196 to E. 64th Street, would loop the network and add reliability. The original planning for this loop connection was to follow the new 138kV South Holland electric loop installation that is in the early stages of engineering. This would be a much longer installation of fiber with a higher cost. The shorter connection under I-196 can accomplish the same goal at a more affordable price. The budget estimate for this project is $10,000.
Recommendation: The Board of Directors approved a budget change to eliminate the FY21 capital project for expansion of Broadband distribution on 16th, Waverly, and Country Club in the amount of $75,000 and transfer the budgeted funds to the College Avenue expansion and the south Holland loop project in the following amounts:
College Avenue = $60,000 (new budget = $75,000) South Holland Loop = $15,000 (unbudgeted)
Motion to approve recommendation Franz Second Haworth Hemingway Y Haworth Y Franz Y Lilly Y Thompson Y Favor 5 Oppose 0
21.092 Unit 12 Steam Turbine Long Term Program
The combustion turbines, Units 10 and 11, at HEP are covered by a long term service agreement with Siemens Energy, formally referred to as a Long Term Program (LTP). This LTP covers planned maintenance inspections and overhauls through the second C Inspection (major overhaul) on the combustion turbines, which is tentatively planned for 2032. The steam turbine, Unit 12, at HEP is not
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.09
Page 5 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 3 of 5
currently covered by the LTP and is due for its first minor overhaul in May 2021. In preparation for this minor overhaul, options investigated included a change order (CO) to the existing Siemens Energy LTP that would cover the steam turbine generator maintenance inspections and overhauls as well as an open market approach of bidding out each maintenance activity to Siemens Energy and other third-party contractors.
Siemens Energy proposed a CO to cover planned maintenance inspections and overhauls on Unit 12’s steam turbine, gearbox, generator and auxiliary equipment through the end of the existing combustion turbine LTP. The proposed CO includes project management and labor to complete six borescope inspections, three minor overhauls and 1 major overhaul over the 12 years aligning with the expected remaining term of the combustion turbine LTP. Siemens Energy’s open market maintenance schedule over the same period recommends five borescope inspections, three minor overhauls and two major overhauls. The LTP extends the intervals between minor and major overhauls from the open market recommended frequency of 25,000 equivalent operating hours (EOH) to about 33,000 EOH due to the inclusion of Remote Diagnostic Services (RDS) in the LTP. Siemens Energy RDS program receives daily run data from the unit’s control system and reviews the data for failure indicators. Reports and recommendations will be sent to HEP staff when any of these indicators are identified. These are followed up with detailed performance reports and recommen- dations every quarter. The extended overhaul intervals also allow for Unit 12 overhauls to be scheduled at the same time as planned combustion turbine overhauls, thus reducing HEP downtime.
To evaluate the value of the proposed CO, budgetary quotes for maintenance overhauls were requested from a reputable third-party steam turbine contractor. The intent of the evaluation was to compare a Siemens Energy LTP against going to the open market for bids at each maintenance inspection/overhaul interval. Results of the evaluation are summarized in the table below.
While the open market option cost was found to be approximately 4% lower than the proposed CO over the term of the agreement, this does not account for the difference in risk between the two
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.09
Page 6 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 4 of 5
options. The proposed CO would guarantee that combined outage work (Units 10, 11, and 12) will be performed by one contractor. This reduces potential for HBPW to incur damages due to delays to one contractor that are caused by the other. The LTP schedule also reduces the number of HEP outages and outage timeframe, minimizing downtime, and associated market impacts that are estimated at approximately $1,800 per hour or $43,200 per day. These market impacts have the potential to create costs that far exceed the savings shown in the table between the CO and the open market alternative.
Siemens Energy submitted a CO proposal upon the request of the HBPW. The plan is to execute the Unit 12 LTP via Change Order to the existing Unit 10 and 11 LTP. This will provide consistency between LTPs and allow for previously negotiated terms and conditions of Units 10 and 11 to apply to the Unit 12 LTP.
The LTP cost will be paid over the term of the program. An initial fee of $250,000 will be due at signing and a first year fee of $1,300,000 will be invoiced in the first quarter of Fiscal Year 2021. In each subsequent year, there will be an annual fee of $602,273 invoiced in four equal quarterly installments.
Recommendation: The Board of Directors approved a change order to the Siemens Energy Long Term Program (LTP) in the amount of $8,175,000, pending approval as to form from the City Attorney.
Motion to approve recommendation Franz Second Lilly Hemingway Y Haworth Y Franz Y Lilly Y Thompson Y Favor 5 Oppose 0
21.093 Kent Power Construction Services Agreement
Holland BPW constructs and maintains the Electric Distribution system with both internal and contractual resources. Recently we have embarked upon a five-year plan to replace failing under- ground cables that were installed in the 1980's, along with the regular replacement plans for aging infrastructure. Capital plans also include conversion of circuits from overhead to underground and the usual tasks of building infrastructure for new developments. The last two years have been tremen- dous for customer growth, and we are unable to perform all the work required with our current staff. Contractors have been used multiple times over the past 20 years when planned workload exceeded our staff's ability to get it completed. The most recent example was with Hydaker-Wheatlake to assist with the cutout replacement project in 2017.
The BPW staff sent out requests for proposals to three local contractors with electric distribution construction experience, with two returning bids. Kent Power was the lowest evaluated bidder and ~ 17% lower than the competing bid for a line crew and equipment. These prices are by the hour and will be administered by HBPW staff. Materials will be provided by HBPW for these projects.
Recommendation: The Board of Directors approved a construction services agreement with Kent Power, Inc., pending City Attorney approval as to form, based on the unit pricing included in the attached agreement.
Motion to approve recommendation Haworth Second Lilly Hemingway Y Haworth Y Franz Y
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.09
Page 7 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 5 of 5
Lilly Y Thompson Y Favor 5 Oppose 0
21.094 Comment from the General Manager • Our next meeting, a Study Session, is scheduled for November 23 and again will be held via Zoom Teleconference. We will be monitoring the planning policy for governance and will include five-year capital plans starting with Electric. We will also review Delegation Policies 1- 5. • The COVID-19 numbers in our area are not good. We have instituted daily health screening for all employees; there appears to be no spread going on inside the BPW. We remain diligent in that we are reinstituting as well our limitation on only essential employees to our four facilities and those from companies performing urgent repair work. • Our holiday light exchange is still planned to take place via a drive through event at the Holland Civic Center from 2-6 p.m. on November 17.
21.095 Comments from the Board • Tuesday there will be another virtual meeting of Living Sustainably Along the Lakeshore that focuses on recycling. The event takes place from 6:30-8:00. Registration is through a link at the Herrick Library website
ADJOURNMENT
A motion to adjourn the meeting of November 9, 2020, was made by Haworth supported by Lilly and agreed upon by the Board of Directors present.
The Board Meeting of November 9, 2020, adjourned at 5:31p.m.
Minutes respectfully submitted by,
Janet Lemson, Secretary to the Board
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.09
Page 8 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 1 of 2
STUDY SESSION
The HBPW Board of Directors met November 23, 2020 at 4:00 p.m. Via Zoom Teleconference. Holland, Michigan
Chair Hemingway called the meeting to order at 4:02 p.m.
Members Tim Hemingway (Holland, MI), Diane Haworth (Holland, MI), Sue Franz (Holland, MI), Paul Lilly Present: (Holland, MI), P.J. Thompson (Holland, MI), City Council Liaison Nathan Bocks (Holland, MI), and Ex Officio Members Bob Shilander (Park Twp., MI) and Keith Van Beek (Holland, MI)
Members Keith Van Beek (Arrived late) Absent:
Staff Dave Koster, Janet Lemson, Ted Siler, Becky Lehman, Joel Davenport, Chuck Warren, Chris Van Present: Dokkumburg, Julie De Cook, Mike Radakovitz, Pieter Beyer, Steve Bruinsma, Pete Hoffswell
21.096 Approval of Agenda
A motion was made by Haworth to approve the agenda. The motion was seconded by Thompson.
21.097 Communications from the Audience
None
21.098 Financial Update
For information only
STUDY Electric Utility Five-Year Capital Plan ITEMS The electric utility capital plan for FY 2022 - FY 2026 was presented with detail level information for 21.099 production and distribution projects expected to cost more than $100,000 each at a project level. Projected operating/non-operating cash flow summaries for the same five-year period were presented as well.
Study Session topic. No Board action needed.
21.100 HBPW Delegation Policies D001 – D005
Governance Policy G001 Governing Philosophy establishes the attributes of leadership and the specific practices that the Board intends to demonstrate. Through this policy, the Board Members are called upon to lead proactively and be faithful to the HBPW's core purpose and core values. This policy further calls upon the Board to periodically evaluate and discuss its processes and performance with respect to Governance and Delegation Policies. Delegation Policies were last reviewed during the 2008 strategic planning process.
The meeting's discussion focused on Delegation Policies D001 - D005.
Study Session topic. No Board action needed.
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.23
Page 9 of 232 HOLLAND BOARD OF PUBLIC WORKS (HBPW) MINUTES of the BOARD of DIRECTORS Page 2 of 2
21.101 General Manager Comments
• December 7 will be our next scheduled meeting, a Regular Board Meeting.
• Our employee dashboard is showing fewer HBPW employees with COVID-19 and quarantining. We did close our lobby again as of last week Wednesday, the 18th. There are fewer customers in our lobby at this time since we are beyond the shut off season.
21.102 Board Comments
None
ADJOURNMENT
A motion to adjourn the meeting of November 23, 2020, was made by Haworth supported by Lilly and agreed upon by the Board of Directors present.
The Board Meeting of November 23, 2020, adjourned at 6:09 p.m.
Minutes respectfully submitted by,
Janet Lemson, Secretary to the Board
* Red italics indicate information or discussion added during the meeting and/or action taken.
2020.11.23
Page 10 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: Update Miscellaneous Fees and Charges
Finance Department
Introduction:
Periodically, Holland Board of Public Works reviews and updates non-rate service fees and charges. Most of the changes proposed are related to increases in operating costs.
Recommendation:
Approve the January 2021 Schedule of Fees and Charges
Description:
HBPW periodically reviews non-rate fees and charges for any needed adjustments caused by changing business conditions. The current schedule was approved by the Board on December 12, 2019, for implementation on January 1, 2020.
The changes in the current schedule are highlighted in the attachment. Most of the changes are the result of an update to the MDOT Schedule C, Equipment Rental Rates, and from incremental changes in material and labor costs.
Respectfully submitted,
David G. Koster General Manager
Strategic Directive:
Page 1 of 2
Page 11 of 232 2. HBPW will follow fiscal policies that ensure the long-term stability of finances, cash reserves, rates, and workforce.
Attachments: 2020-12-07 Fees and Charges January 2021
Report prepared by: Chuck Warren, Finance Director
Page 2 of 2
Page 12 of 232 HOLLAND BOARD OF PUBLIC WORKS FEE SCHEDULE
Effective January 1, 2021
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 1 of 7
Page 13 of 232 HOLLAND BOARD OF PUBLIC WORKS FEE SCHEDULE
MISCELLANEOUS CHARGES Old Rate TYPE CHARGE PER Jan 1, 2020
NSF Check$ 30.00 CHECK $ 25.00 Late Payment Charge 2% PER MONTH ON PAST DUE BALANCE 2%
ELECTRIC UTILITY FEES AND CHARGES
CHARGE CHARGE TYPE DURING M-F 7:30 A.M. -4:00 P.M. AFTER 4:00 P.M.
SERVICE CALLS: -Service Crew$ 55.00 $ 230.00 $50/$220 -Line Crew$ 150.00 $ 280.00 $150/$270
SEASONAL: -Disconnect$ 20.00 $ 60.00 $20/$60 -Reconnect$ 20.00 $ 60.00 $20/$60
SINGLE PHASE: -Disconnect$ 20.00 $ 60.00 $20/$60 -Reconnect$ 20.00 $ 60.00 $20/$60
THREE PHASE: -Disconnect$ 150.00 $ 280.00 $150/$270 -Reconnect$ 150.00 $ 280.00 $150/$270
DESCRIPTION CHARGE PER
METER TAMPERING: $ 550.00 METER $ 540.00 Damaged equipment will result in additonal charge for the meter plus tampering charge above DAMAGED METER: $ 260.00 $ 260.00
TEMPORARY ELECTRIC SERVICE: $ 270.00 HOOK-UP $ 260.00
TEMPORARY TRANSFORMER CHARGE: $ 1,150.00 TRANSFORMER $ 1,090.00
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 2 of 7
Page 14 of 232 ELECTRIC UTILITY (CONT.) FEES AND CHARGES Old Rate DESCRIPTION TYPE CHARGE PER Jan 1, 2020
ELECTRIC METER TESTING: Meter Delivered to BPW Facility$ 40.00 TEST $ 40.00 BPW Pick-Up Meter $ 90.00 TEST $ 90.00
DISTRIBUTION TRANSFORMER TESTING: Dissolved Gas Analysis$ 225.00 TEST $ 225.00 Engineering Load and History Report$ 150.00 REPORT $ 150.00 Infrared Examination$ 150.00 HOUR $ 150.00 Insulation Resistance Test$ 110.00 TEST $ 110.00 Visual Inspection$ 55.00 HOUR $ 55.00
NET METERING: Application Fee$ 100.00 APPLICATION $ 100.00 Engineering Analysis$ 60.00 HOUR $ 60.00
BROADBAND FEES AND CHARGES CHARGE CHARGE Old Rate DESCRIPTION TYPE M-F 7:30 A.M. -4:00 P.M. AFTER 4:00 P.M. Jan 1, 2020
SERVICE CALLS: $ 65.00 $ 195.00 $ 50.00
DISCONNECT/RECONNECT: -Disconnect$ 20.00 $ 60.00 (NEW) -Reconnect$ 20.00 $ 60.00 (NEW)
NON RETURNED EQUIPMENT: $ 200.00 $ 200.00
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 3 of 7
Page 15 of 232 WATER UTILITY FEES AND CHARGES
CHARGE CHARGE Old Rate TYPE DURING M-F 7:30 A.M. -4:00 P.M. AFTER 4:00 P.M. Jan 1, 2020
SERVICE CALLS: $ 50.00 $ 180.00 $50/$180
SEASONAL: -Disconnect$ 50.00 $ 180.00 $50/$180 -Reconnect$ 50.00 $ 180.00 $50/$180
WATER CONNECT: -Disconnect$ 50.00 $ 180.00 $50/$180 -Reconnect$ 50.00 $ 180.00 $50/$180
DESCRIPTION TYPE CHARGE PER
METER TAMPERING: $ 490.00 METER $ 460.00
NEW METER INSTALLATION: ⅝"$ 240.00 METER $ 240.00 ¾"$ 300.00 METER $ 290.00 1"$ 380.00 METER $ 370.00 1½"$ 970.00 METER $ 950.00 2"$ 1,200.00 METER $ 1,160.00 3"$ 3,380.00 METER $ 3,320.00 4"$ 4,420.00 METER $ 4,410.00 6"$ 7,240.00 METER $ 7,180.00
DAMAGED METER REPLACEMENT: ⅝"$ 240.00 METER $ 240.00 ¾"$ 300.00 METER $ 290.00 1"$ 380.00 METER $ 370.00 1½"$ 760.00 METER $ 740.00 2"$ 910.00 METER $ 890.00 3"$ 1,480.00 METER $ 1,460.00 4"$ 1,600.00 METER $ 1,590.00 6"$ 2,820.00 METER $ 2,820.00 Damaged Meter Head$ 170.00 METER HEAD $ 160.00 Damaged Remote Terminal$ 210.00 TERMINAL $ 200.00
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 4 of 7
Page 16 of 232 WATER UTILITY (CONT.) FEES AND CHARGES Old Rate DESCRIPTION TYPE CHARGE PER Jan 1, 2020
SERVICE TAP (NO EXCAVATION): 1"$ 720.00 TAP $ 710.00 1½"$ 1,280.00 TAP $ 1,280.00 2"$ 1,540.00 TAP $ 1,490.00 Includes Corp, Curb Stop, Saddle (If Necessary), & Curb Box SLEEVE AND VALVE TAP (NO EXCAVATION): 4"$ 2,750.00 TAP $ 2,690.00 6"$ 3,330.00 TAP $ 3,160.00 8"$ 4,200.00 TAP $ 3,950.00 10"$ 7,130.00 TAP $ 6,840.00 12"$ 7,130.00 TAP $ 6,840.00
SERVICE INSPECTION: 2" and Smaller$ 80.00 INSPECTION $ 80.00 Over 2" (Includes 2 Bacti Samples)$ 360.00 INSPECTION $ 350.00 Pressure Test$ 160.00 TEST $ 150.00
WATER SERVICE TERMINATION (INCLUDES EXCAVATION): Up to 2" at Curb Box$ 1,010.00 TERMINATION $ 980.00 Up to 2" at Main (Apr. 1-Oct. 31)$ 1,730.00 TERMINATION $ 1,670.00 Up to 2" at Main (Nov. 1-Mar. 31)$ 2,340.00 TERMINATION $ 2,250.00 Over 2" TIME & MATERIAL TERMINATION TIME & MATE
BACTERIA TESTING: Lab$ 30.00 TEST $ 30.00 Sample (Typ. 2 samples required)$ 60.00 COLLECTION $ 60.00
TANKER RATES: First 4 CCF$ 20.00 - $ 20.00 Over 4 CCF CURRENT WATER RATE CCF CURRENT
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 5 of 7
Page 17 of 232 WATER UTILITY (CONT.) FEES AND CHARGES Old Rate DESCRIPTION TYPE CHARGE PER Jan 1, 2020
HYDRANT METERS (WEEKLY, NO PRORATION): ⅝" Hydrant Meter (Incl. Wrench)$ 65.00 WEEK $ 65.00 2" Hydrant Meter (Incl. Wrench)$ 70.00 WEEK $ 70.00 RPZ (Incl. Hose)$ 65.00 WEEK $ 60.00 First 10 CCF INCLUDED - INCLUDED Over 10 CCF CURRENT WATER RATE CCF CURRENT
NON RETURNED ITEMS WILL BE BILLED THE RENTAL DURATION PLUS: Hydrant Wrench$ 60.00 EACH $ 60.00 Fire Hose, 2½"$ 175.00 EACH $ 175.00 ⅝" Hydrant Meter$ 150.00 EACH $ 145.00 2" Hydrant Meter$ 935.00 EACH $ 910.00 RPZ$ 1,955.00 EACH $ 1,955.00
WASTEWATER UTILITY FEES AND CHARGES
DESCRIPTION TYPE CHARGE PER
PUMP METER INSTALLATION AND DAMAGED METER REPLACEMENT: ⅝"$ 240.00 METER $ 240.00 ¾"$ 300.00 METER $ 290.00 1"$ 380.00 METER $ 370.00 1½"$ 970.00 METER $ 950.00 2"$ 1,200.00 METER $ 1,160.00 Damaged Meter Head$ 170.00 METER HEAD $ 160.00 Damaged Remote Terminal$ 210.00 TERMINAL $ 200.00 Above 2", a mag-meter is required and shall be furnished by the customer.
SEWER SERVICE TERMINATION (INCLUDES EXCAVATION): At Main$ 3,140.00 TERMINATION $ 3,070.00 At Property Line$ 1,010.00 TERMINATION $ 980.00
SEWER SERVICE TAP (NO EXCAVATION): $ 280.00 TAP $ 290.00
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 6 of 7
Page 18 of 232 EQUIPMENT RATES Old Rate NAME CHARGE PER Jan 1, 2020 Air Compressor$ 13.01 HOUR $ 12.90 Arrow Board$ 4.44 HOUR $ 4.75 Backhoe Tractor$ 46.47 HOUR $ 46.09 Backhoe Trailer$ 17.05 HOUR $ 16.91 Barricade w/ Flasher$ 11.28 DAY $ 11.28 Dump Truck$ 50.41 HOUR $ 45.80 Electric Generator (hand held)$ 6.82 HOUR $ 6.76 Pipe Cutter, Hydraulic$ 4.73 HOUR $ 4.55 Pipe Cutter, Saw$ 4.73 HOUR $ 4.55 Portable Light Tower$ 3.03 HOUR $ 3.01 Power Broom$ 6.01 HOUR $ 2.65 Pump, Centrifugal, 2"$ 5.52 HOUR $ 5.48 Pump, Diaphragm, 3"$ 5.73 HOUR $ 5.68 Pump, Trash, 4"$ 13.73 HOUR $ 13.62 Pump, Trash, 6"$ 14.84 HOUR $ 14.72 Push Camera$ 13.26 HOUR $ 13.15 Small Portable Generator (trailer mounted)$ 18.50 HOUR $ 18.35 Smoke Testing$ 6.82 HOUR $ 6.76 Soil Compactor$ 14.97 HOUR $ 14.85 Steam Thawer$ 84.82 THAW $ 82.35 Tapping Machine CL12, 4"-12"$ 86.00 TAP $ 84.00 Tapping Machine B101, 1" $ 54.00 TAP $ 53.00 Tapping Machine D5, 1"-2"$ 34.00 TAP $ 34.00 Tensioners$ 14.96 HOUR $ 14.83 Trailers$ 8.84 HOUR $ 8.84 Trav-L-Vac$ 19.47 HOUR $ 19.31 Trench Box$ 14.39 HOUR $ 14.27 Truck - TV #89$ 94.37 HOUR $ 93.72 Truck - Boom$ 54.00 HOUR $ 49.36 Truck - Vac Truck #87$ 132.03 HOUR $ 125.69 Truck - Large Bucket$ 60.77 HOUR $ 56.15 Truck - Line$ 95.83 HOUR $ 89.43 Truck - Service (utility body)$ 14.43 HOUR $ 14.02 Truck - Small Bucket$ 29.37 HOUR $ 30.70 Truck - Small Pickup$ 13.78 HOUR $ 13.30 Valve Turner$ 10.97 HOUR $ 10.88 Skid Steer$ 16.88 HOUR (new) Mini Excavator$ 14.56 HOUR (new) -NONE of the above equipment includes labor charges.
Approved: Board of Public Works, December XX, 2020 Holland City Council, December xx, 2020 Page 7 of 7
Page 19 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: Adjustment of Water and Sanitary Sewer Charges and Assessments
Utility Services Department
Introduction:
The Water and Sanitary Sewer Charges and Assessment Policy establishes charges for frontage assessments, trunkages, lateral service stub, and water service stub fees. The policy calls for the charges to be reviewed annually for potential adjustments.
Recommendation:
Approve for use the proposed fee schedule for frontage, stub, and trunkage charges.
Description:
The current ‘Water and Sanitary Sewer Charges, Trunkage, And Assessment Policy’ was established in 2001. Per this policy, frontage, service stub, and trunkage fees are adjusted annually. This recommendation is for the approval of the proposed 2021 fees which, per the policy, were updated based on the Engineering News Record's Construction Cost Index after having been previously updated for 2020 using actual recent construction costs. The Construction Cost Index increased from a value of 11381 to 11579, which represents a 1.7% increase. The resulting increases in charges and assessments (after rounding) are provided in the following table:
2021 Basis of Category 2020 % Increase (Proposed) Adjustment Sewer Frontage/Foot $56.50 $57.50 1.8% CCI Sewer Trunkage/REU $2,670.00 $2,715.00 1.7% CCI 6" Lateral/Each $1,620.00 $1,650.00 1.9% CCI
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Page 20 of 232 Water Frontage $53.00 $54.00 1.9% CCI (Residential)/Foot Water Frontage $58.00 $59.00 1.7% CCI (Commercial/Industrial)/Foot Water Trunkage/REU $890.00 $905.00 1.7% CCI 1" Service/Each $1,835.00 $1,865.00 1.6% CCI 1.5" Service/Each $2,325.00 $2,365.00 1.7% CCI 2" Service/Each $2,650.00 $2,695.00 1.7% CCI
Respectfully submitted,
David G. Koster General Manager
Strategic Directive: 2. HBPW will follow fiscal policies that ensure the long-term stability of finances, cash reserves, rates, and workforce.
Attachments: 2019-12-09 Water and Sanitary Sewer Charges and Assessments 2019-12-09 2020 Water and Sanitary Sewer Charges and Assessments
Report prepared by: Pieter Beyer, Water & Wastewater Services Superintendent
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Page 21 of 232 Holland Board of Public Works 2021 Water and Sanitary Sewer Charges and Assessments within Holland City limits only
Frontage Sanitary Sewer Assessments Trunkage 6" Lateral All Zoning (Residential, $57.50/f.f. $2,715.00/REU $1,650.00 Commercial, Industrial, etc.)
Frontage 1” Service 1½” Service 2” Service Water Assessments Trunkage Stub Stub Stub 1 & 2 Family Residential $54.00/f.f. $905/REU $1,865 $2,365 $2,695 District Commercial/Industrial/Other $59.00/f.f. $905/REU $1,865 $2,365 $2,695 Zone Districts
Schedule of Unit Factors
Water Meter Size Factor (X = REU) ⅝” Meter 1.00 X ¾” Meter 1.44 X 1” Meter 2.56 X 1½” Meter 5.76 X 2” Meter 10.24 X 3” Meter 23.04 X 4” Meter 40.96 X 6” Meter 92.16 X
Notes: 1. Sewer trunkage fee for 1 & 2 family residential (including flat rate sewer billing) shall be based on 1 REU per residential unit regardless of the meter size. All other sewer trunkages shall be based on the water meter size. 2. Credit for the existing meter size will be given when a structure is rebuilt with the same type of use. 3. Installations that include sub-meter and/or direct sewer flow meters shall be determined on a case by case basis.
Effective Date: January 1, 2021
Approved:
Approval Pending
Page 22 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: WTP Low Service Pump 3 Repairs
Operations Department
Introduction:
This recommendation requests a transfer from contingency for emergency repairs of one of the low service pumps at the Water Treatment Plant (WTP).
Recommendation:
Approve a transfer from contingency in the amount of $75,000 to be able to complete the required repairs and capitalize the project.
Description:
The five low service pumps supply raw water from Lake Michigan to the WTP. Pumps 2, 3, and 4 are the main supply pumps. They operate on Variable Frequency Drives (VFD), which allows them to vary flow output to meet most of the demands of the water system. Pump 1 is the smallest pump with no VFD that is typically used only during peak demand season, and pump 5 is a standby combination natural gas and electric powered pump which was rebuilt in 2010.
Pumps 2, 3, and 4 are each 23 years old and are nearing the end of their useful lives without investment to extend those lives. During a recent dive inspection of the WTP’s intake, the divers also inspected the suction side of the pumps and noted extensive cavitation and erosion damage on the impellers of pumps 1-4. Since that time, pump 3 was removed by WTP staff and transported to a local machine shop for inspection and repair at their facility. The shop found that many components of the pump are worn and must be replaced or repaired to ensure continued operation of the pump. Additionally, they have determined that the impeller is beyond repair and must be replaced. The extent of the damage was not fully clear until the pump was removed for proper inspection.
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To date, the costs incurred include: • $300 - Miscellaneous hardware (straps, supports, etc.) for pump removal. • $900 - Forklift rental for pump loading onto the delivery truck. • $22,913 - PO issued to KSB Dubric for pump and motor repairs based on the best information available at the time.
Repair costs anticipated in addition to the above are: • Another $45,000 to KSB Dubric for the additional work required on the pump, including a new impeller. • $900 – Forklift rental for pump reinstall.
The total project cost for all of the repairs to pump 3 are expected to be approximately $70,000, but an additional $5,000 is being requested to account for any additional unforeseen conditions during pump repair and/or reinstallation. A significant portion of the cost, $30,000, is attributed to the new impeller alone.
This is the first major pump overhaul for the three identical pumps (2, 3, and 4) since these pumps have been installed. It is difficult to gauge the cost of these types of pump rebuilds while the pump is still installed and in operation. Based on the inspection and necessary repairs of pump 3, staff will budget in the water utility capital improvement plan for the remaining pumps to be rebuilt accordingly.
Respectfully submitted,
David G. Koster General Manager
Strategic Directive: 4. HBPW will provide reliable utility services to the customers it serves.
Report prepared by: Nate Johnson, WTP Superintendent
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Page 24 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: Pole Attachment Agreement Contract Approval
Utility Services Department
Introduction:
HBPW Electric Distribution terminated pole attachment agreement with Comcast in 2019. HBPW has a new standard agreement and is recommending approval of the new agreement.
Recommendation:
Approve a Pole Attachment Contract Agreement with Comcast of Michigan, LLC., pending final approval as to form by the City Attorney.
Description:
Holland BPW Electric Distribution owns and maintains most utility poles in the HBPW service area. In general, third party entities such as cable companies, phone companies, and fiber internet service providers attach their equipment to existing HBPW utility poles; and in some cases, HBPW attaches power to third party company poles. HBPW had numerous Pole Attachment Agreements that govern attachments and set attachment fees. Last year at the March 11, 2019, Board meeting, the Board approved the termination of all pole attachment contracts in order move to a uniform contract for all companies.
The previous pole attachment agreements were diverse in language, fees, and implementation methodologies. The contractual variations created ongoing challenges that negatively impacted the community. Some of the agreements did not have sufficient language to motivate attachees to perform their duties in a timely manner. This resulted in a number of old, shortened poles being co-located with brand new poles that HBPW elected to replace--an aesthetic disturbance to the community, and at times, a safety concern. HBPW has worked with the communications companies that are attached to our poles, and most have agreed to
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Page 25 of 232 the new standard contract. Comcast is the latest to come to agreement with us and is recommended for approval.
The new agreements contain a number of improvements.
• Utilizes an industry standard rate calculation that makes the attachment rate equal for all companies that will be attaching to our poles. • Annually adjustable to reflect HBPW’s investment in new poles and infrastructure where Licensee’s gain a benefit. • Includes timelines for attachment removals and transfers of communications equipment from old poles to replacement poles, which reduces the number of duplicate poles in the field. • Allows for additional forms of cellular equipment to be mounted to HBPW poles, which is new for utilities and consistent with Michigan SB 637.
We will have two companies left that have not yet assented to the terms of the new pole attachment agreement. Efforts continue with these firms to get them on the new standard agreement and those will be brought for approval at a later date.
Attachee Contact Last Contact Assent to Terms? Charter Communications, Inc. Aaron Bekius Unresponsive No Everstream Great Lakes Comnet Clarise Jackson 4/14/2020 YES Everstream GLC Holding Company, LLC Erica Bennett 4/8/2020 YES No - Legal AT&T – Michigan Bell Sharon Rosiak 11/02/2020 Reviewing Comcast Shannon VanSach 11/23/2020 YES US Signal Company, LLC Barbara Boshoven 3/31/2020 YES Kevin Schoen / Andrea KEPS Technologies, Inc d/b/a ACD.net Brand 4/6/2020 YES Fiber Technologies Network, LLC / Crown Castle Drew Parker 4/9/2020 YES Holland BPW Fiber Pete Hoffswell 3/18/2020 YES
Respectfully submitted,
David G. Koster General Manager
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Page 26 of 232 Strategic Directive: 1. HBPW will effectively and proactively address customer needs and continually seek ways to grow through the provision of added value services to its customers and the greater Holland area.
Attachments: 2020-12-07 Comcast Agreement
Report prepared by: Carl Thorwall, P.E. Electric Engineering Supervisor
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Holland Board of Public Works 0 PoleAttachmentLicenseAgreement
HollandBoardofPublicWorks PoleAttachmentLicenseAgreement Between
CityofHolland And
ComcastofMichigan,LLC Dated
______, 2020
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Holland Board of Public Works 1 PoleAttachmentLicenseAgreement
TABLEOFCONTENTS Table of Contents ...... 1 Preamble ...... 3 Witnesseth ...... 3 Scope of Agreement ...... 3 Definition of Terms ...... 3 Specifications ...... 8 Establishing Attachment to Poles ...... 12 Placement of New Poles ...... 15 Small Cell & Wireless Facilities ...... 16 Establishing Small Cell & Wireless Facility Attachments ...... 17 Right of Way for Licensee’s Attachments ...... 18 Maintenance of Poles and Attachments ...... 18 Safety Inspections & Safety Violations ...... 22 Underground Relocation ...... 23 Division of Costs ...... 24 Unauthorized Attachments ...... 28 Abandonment of Joint Poles ...... 29 Small Cell & Wireless Facility Fees and Charges ...... 30 Attachment Fees and Charges ...... 30 Adjustment Payments ...... 31 Defaults ...... 32 Rights of Other Parties ...... 33 Assignments of the Rights ...... 33 Waiver of Terms or Conditions ...... 34 Payment of Taxes ...... 34 Bills and Payment for Work ...... 34 Notices ...... 35 Term of Agreement ...... 36
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Holland Board of Public Works 2 PoleAttachmentLicenseAgreement Existing Contracts ...... 38 Liability ...... 38 Construction ...... 39 Remedies Cumulative ...... 39 Insurance ...... 39 Governing Law and Venue ...... 42 Severability ...... 42 Performance Bonds ...... 42 Contract Execution ...... 44 Appendix A. Small Cell Standard Pole Drawing ...... 46 Appendix B. Standard Communication Space ...... 48 Appendix C. Permit Application Process Flow Chart ...... 50 Appendix D. Permit Application ...... 52
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Holland Board of Public Works 3 PoleAttachmentLicenseAgreement
PREAMBLE City of Holland, by and through its Board of Public Works, a Michigan municipal corporation of Ottawa and Allegan Counties, Michigan, which has offices located at 625 Hastings Avenue, Holland, MI 49423 (hereinafter called “Electric Utility”), and Comcast of Michigan, LLC, a Limited Liability Company organized under the laws of the State of Delaware, which has offices located at 1701 JFK Boulevard, Philadelphia, PA 19003 (hereinafter called the "Licensee"), desiring to enter into this Pole Attachment License Agreement (“Agreement”) for the use of Electric Utility’s poles, erected or to be erected within the areas in which both parties render service in the State of Michigan, whenever and wherever such use shall, in the estimation of both parties, be compatible with their respective needs and consistent with the terms of this Agreement, do hereby, in consideration of the promises and the mutual covenants herein contained, covenant and agree for themselves and their respective successors and assigns as follows, effective . ("Effective Date").
WITNESSETH WHEREAS, Electric Utility and the Licensee desire to begin or continue to jointly use wood or other types of poles and in the future to further jointly use the poles of the Electric Utility when and where joint use shall be advantageous; and
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained, the parties hereto, for themselves, their successors and assigns, do hereby covenant and agree as follows:
SCOPEOFAGREEMENT 1.01 This Agreement shall be in effect in the area in which both of the Parties render service in the State of Michigan, and shall cover all poles now existing or hereafter erected in the above territory when said poles are brought under this Agreement in accordance with the procedure hereinafter provided.
1.02 Electric Utility reserves the right for good cause to exclude from use any of its facilities for objective, nondiscriminatory reasons of safety, reliability, and generally applicable engineering standards.
DEFINITIONOFTERMS For the purposes of this Agreement, the following terms, phrases, words, and their derivations, shall have the meaning given below, unless more specifically defined within a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present
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Holland Board of Public Works 4 PoleAttachmentLicenseAgreement
tense include the future and past tense, and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
2.01 Affiliate:when used in relation to Licensee, means any legally recognizable entity that is directly or indirectly controlled by the same owner as Licensee. For purposes of this definition, control means the power to direct or cause the direction of the management and policies of such entity, whether through the ownership or voting securities, contract, or otherwise.
2.02 Antenna:means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
2.03 ApplicableStandards:means all applicable engineering and safety standards governing the installation, maintenance and operation of facilities and the performance of all work in or around electric Utility Facilities and includes the most current versions of National Electric Safety Code (“NESC”), the National Electrical Code (“NEC”), and the regulations of the Occupational Safety and Health Administration (“OSHA”), each of which is incorporated by reference in this Agreement, and/or other reasonable safety and engineering requirements of Utility or other federal, state or local authority with jurisdiction over Electric Utility Facilities.
2.04 AttachingEntity:means any public or private entity, including Licensee, that pursuant to a license agreement with Electric Utility, places an Attachment on Electric Utility’s Pole to provide communication services.
2.05 Attachment(s):means Licensee’s Communication Facilities that are placed directly on Electric Utility’s Poles, but does not include either a Riser or a service drop attached to a single Pole where Licensee has an existing Attachment on such Pole.
2.06 Capacity:means the ability of a Pole segment to accommodate an additional Attachment based on Applicable Standards, including Space and loading considerations.
2.07 ClimbingSpace:means that portion of a Pole’s surface and surrounding space that is free from encumbrances to enable Electric Utility employees and contractors to safely climb, access, and work on Electric Utility Facilities and equipment.
2.08 Colocate:means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. “Collocation” has a corresponding meaning. Colocate does not include make-ready work or the installation of a new utility pole or new wireless support structure.
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Holland Board of Public Works 5 PoleAttachmentLicenseAgreement
2.09 CommunicationsFacilities:means wireline, including but not limited to fiber optic, copper and/or coaxial cables, utilized to provide Communication Service and Wireless Facilities.
2.10 CommunicationSpace:means the space on joint-use poles where Licensee facilities are separated from the Supply Space by the Communication Worker Safety Zone.
2.11 CostinPlace:means the cost of the bare pole, labor to install the pole and associated overheads, including engineering.
2.12 ElectricSupplySpace:means the space on a Pole where any component of an overhead electric line system is supported and separated from the communication space by the communication worker safety zone as set forth in the NESC.
2.13 ExistingAttachments:means Licensee’s Attachments made prior to the Effective Date and authorized by Electric Utility.
2.14 InitialSafetyInspection: means a safety inspection of Electric Utility poles to identify and remediate non-conforming Attachments (e.g. NESC violations) and other safety conditions on Electric Utility poles, performed after the Effective Date as explained in ARTICLE 10 herein.
2.15 JointUse:means the simultaneous use of any Pole for the Attachments of both parties.
2.16 JointPole:means a Pole owned by the Electric Utility that has both Electric Utility Facilities and Licensee’s Communications Facilities on the pole.
2.17 kV: means Kilovolt.
2.18 LightPole: means a pole made of wood, aluminum, steel or other material for the express purpose of supporting a light fixture of any type owned by Electric Utility. 2.19 MakeǦReadyWork:means all work, as that Electric Utility reasonably, determines to be required solely to accommodate Licensee’s Communications Facilities. Such work includes, but is not limited to, as is necessary for Licensee to make an Attachment, Pre-Construction Survey, rearrangement and/or transfer of Electric Utility Facilities or existing Attachments, inspections, engineering work, permitting work, pole replacement and construction, but does not include Licensee’s routine maintenance.
2.20 MicroWirelessFacility:means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. A strand mounted Wi-Fi device shall not be considered a Micro Wireless Facility.
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Holland Board of Public Works 6 PoleAttachmentLicenseAgreement
2.21 NESC:means the latest version of National Electrical Safety Code adopted by the State of Michigan.
2.22 NJUNS:means the National Joint Utilities Notification System (NJUNS), a cloud based database allowing for electric communication and record keeping pertaining to attachments.
2.23 Occupancy:means the use or specific reservation of space for Attachments on the same Electric Utility Pole.
2.24 OutsideParty:any person or entity which is not a party to this Agreement and which has a right to use the pole of the Electric Utility.
2.25 Overlash:means to place an additional wire or cable Communications Facility onto an existing Attachment owned by Licensee or Electric Utility attached Communication Facility.
2.26 Pedestals/Vaults/Enclosures:means above- or below-ground housings that are not attached to Electric Utility Poles but are used to enclose a cable/wire splice, power supplies, amplifiers, passive devices and/or to provide a service connection point and that shall not be attached to Electric Utility Poles.
2.27 Permit:means written or electronic authorization from Electric Utility for Licensee to make or maintain Attachments to specific Electric Utility Poles pursuant to the requirements of this Agreement.
2.28 PermitApplication:Means the form found in Appendix D.
2.29 Pole:means a wood pole, concrete pole, or a metal pole that has accommodations for aerial conductors that is owned or controlled by Electric Utility that is used for the distribution of electricity, wood poles or concrete poles used for street lighting, and/or Communications Service that is capable of supporting Attachments for Communications Facilities. A pole does not include wire, fiber, or any similar thing used to conduct information or electricity between the pole structure or decorative street lighting poles. Decorative street lighting poles means poles, other than wood poles, used for street lighting, but not electric delivery service.
2.30 PostǦConstructionInspection:means the inspection required by Electric Utility to determine and verify that the Attachments have been made in accordance with Applicable Standards and the Permit.
2.31 PreǦConstructionSurvey: means all work or operations required by Applicable Standards and/or Electric Utility to determine the potential Make-Ready Work necessary to accommodate Licensee’s Communications Facilities on a Pole. Such work includes, but is not limited to, field
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Holland Board of Public Works 7 PoleAttachmentLicenseAgreement inspection and administrative processing. The Pre-Construction Survey shall be coordinated with Electric Utility and include Licensee’s professional engineer.
2.32 Rearrangement:the moving of Attachments from one position to another on a pole.
2.33 Riser:means metallic or plastic encasement materials placed vertically on the Pole to guide and protect communications wires and cables. Licensee shall not install any new Risers on Electric Utility Poles upon which there are Electric Conductors that exceed 60kV.
2.34 ServiceDrop:means a wire used to connect to a customer's location. A Service Drop may run directly from a pole used to service many customers to a specific customer's location, without the use of any other poles, or a Service Drop may itself be supported by more than one pole to carry the Service Drop to the customer's location.
2.35 SimpleTransfer:means the transfer, relocation, or alteration of any Attachment on an existing Pole or onto a new Pole that does not require cutting or splicing of the Attachment or relocation of an existing wireless attachment and is not reasonably expected to lead to a service outage or facility damage.
2.36 SmallCellWirelessFacility:means a wireless facility that meets both of the following requirements:
2.36.1 Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet; and
2.36.2 All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
2.36.3 A Small Cell Wireless Facility shall not include a strand mounted Wi-Fi device.
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Holland Board of Public Works 8 PoleAttachmentLicenseAgreement
2.37 Space:means the linear portion of a Pole parallel to its axis reserved for the exclusive use of one of the parties. (subject only to the exceptions provided for in this Article and the specifications mentioned in Article 3 which in certain instances permit the making of certain Attachments by one party in the space reserved for the other party).
2.38 Tag:means to place distinct markers on wires and cables, coded by color or other means specified by Electric Utility and/or applicable federal, state or local regulations, that will readily identify the type of Attachment (e.g., cable TV, telephone, high- speed broadband data, public safety, Small Cell Wireless Facility) and its owner.
2.39 Transfer:means the removal of Attachments from one Pole and the placement of them or substantially identical Attachments upon another Pole.
2.40 UtilityFacilities:means all personal property and real property owned or controlled by Electric Utility, including Poles and related facilities.
2.41 WirelessFacility:means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a Small Cell Wireless Facility. Wireless facility does not include any of the following:
2.41.1 The structure or improvements on, under, or within which the equipment is collocated;
2.41.2 A wireline backhaul facility;
2.41.3 Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.
SPECIFICATIONS 3.01 Except as otherwise provided in Article 9, referring to construction that has not yet been brought into conformity with the specifications mentioned herein, the joint use of the poles covered by this Agreement shall at all times be in conformity with all applicable:
3.01.1 ;
3.01.2 requirements of the National Electrical Safety Code and subsequent revisions thereof
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Holland Board of Public Works 9 PoleAttachmentLicenseAgreement ("NESC");
3.01.3 lawful requirements of public authorities; and
3.01.4 the requirements of Appendix B.
3.02 Existing Attachments on Poles supporting electrical conductors operating above 60kV will be allowed to remain attached to those Poles. Following the Effective Date of this agreement, no new Permit Applications will be approved for new Attachments on Poles supporting electrical conductors operating above 69kV.
3.03 Modifications of, additions to, or construction practices supplementing wholly or in part the requirements of the NESC, shall, when accepted in writing by both parties hereto through their agents authorized to approve such changes, likewise govern the joint use of poles, which acceptance shall not be unreasonably withheld.
3.04 Electric Supply Space. Except as expressly permitted under this Agreement and as otherwise required by law, only Electric Utility Facilities or other electrical distribution facilities are permitted in the Electric Supply Space.
3.05 The Electric Utility and the Licensee shall coordinate all transfers, pole location eliminations, changes, violations and other routine operational work through the NJUNS database or it successor that it mutually agreed to in writing.
3.06 Attachment and Cable Clearances: Licensee's Attachments on Electric Utility Poles, including metal attachment clamps and bolts, metal cross-arm supports, bolts and other equipment, must be attached so as to maintain the minimum 40” separation specified in the National Electrical Safety Code ("NESC") Table 235-5(1a) and in drawings and specifications Electric Utility may from time to time furnish Licensee.
3.07 Service Drop Clearance: From the pole to the home/building the parallel minimum separation between Electric Utility's service drops and communications Service Drops shall be twelve (12) inches, per NESC 235Clb (exception 3). (see Appendix B)
3.08 Other Drop Clearances: All other drop clearances at the mid-span must conform to NESC table 235-6 (or its successor).
3.08.1 Sag and Mid-Span Clearances: Licensee will be particularly careful to leave proper sag in its lines and cables and shall observe the established sag of power line conductors and other cables so that minimum clearances are: (a) achieved at poles located on both ends of the span; and (b) retained throughout the span. At mid-span, a minimum of twelve (12)
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Holland Board of Public Works 10 PoleAttachmentLicenseAgreement inches of separation must be maintained between all telecommunication cables that meet NESC rule 230E 1 (includes common phone, CATV, and fiber optic cables lashed to an effectively grounded messenger strand, or self-supporting cables).
3.08.2 NESC table 235-6 requires:
(i) 30" from neutral (May be 12” when exception #16 is adequate) (ii) 30" from supply lines carrying 0 to 8.7 kV (secondary) (iii) 30" plus 0.4" per kV in excess of 8.7 (primary) 3.10 Vertical Risers: All risers, including those providing 120/240 volt power for Licensee's equipment enclosure, shall be placed on the quarter faces of the pole and must be installed in U- guard. A two- (2) inch clearance in any direction from cable, bolts, clamps, metal supports, and other equipment shall be maintained.
3.11 Climbing Space: A clear climbing space must be maintained at all times on the face of the pole. All Attachments must be placed so as to allow and maintain a clear and proper climbing space on the face of Electric Utility pole. Licensee's cable/wire Attachments shall be placed on the same side of the pole as those of other Attaching Entities. In general, all other Attachments and risers should be placed on pole quarter faces.
3.12 Pedestals and Enclosures: Every effort should be made to install pedestals, vaults and/or enclosures at a minimum of four (4) feet from poles or other Electric Utility facilities, or the distance specified by Electric Utility, whichever is greater.
3.13 Anchors and Guys
3.13.1 Licensee shall be responsible for procuring and installing all anchors and guy wires to support the additional stress placed on Electric Utility's poles by Licensee's Attachments. Anchors must be guyed adequately.
3.13.2 Anchors and guy wires must be installed on each Electric Utility Pole where an angle or a dead-end occurs. Licensee shall make guy attachments to poles at or below its cable attachment. No proposed anchor can be within five (5) feet of an existing anchor.
3.13.3 Licensee may not attach guy wires to the anchors of Electric Utility or third-party user without the anchor owner's specific prior written consent.
3.13.4 No Attachment may be installed on an Electric Utility pole until all required guys and anchors are installed. No Attachment may be modified, added to, or relocated in such a way as will materially increase the stress or loading on Electric Utility poles until all required guys and anchors are installed.
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Holland Board of Public Works 11 PoleAttachmentLicenseAgreement
3.13.5 Licensee's down guys, if needed, shall be bonded, to the vertical ground wires of Electric Utility's pole, in accordance to NESC rule 092C3a. If there is no vertical ground present at the pole, Licensee shall notify Electric Utility and a ground will be added to pole at Electric Utility’s expense for attaching party to bond to. Electric Utility will determine if guys should be grounded or insulated.
3.14 Certification of Licensee's Design
3.14.1 Licensee's Attachment Permit Application must be signed by an engineer certifying that Licensee's aerial cable design fully complies with the NESC and Electric Utility's Construction Standards and any other applicable federal, state or local codes and/or requirements, or Licensee will pay Electric Utility for reasonable actual costs for necessary engineering and post-construction inspection and to ensure Licensee’s design fully complies with the NESC and Electric Utility’s Construction Standards and any other applicable federal, state or local codes and/or requirements.
3.14.2 This certification shall include the confirmation that the design is in accordance with pole strength requirements of the NESC.
3.15 Miscellaneous Requirements
3.15.1 Attachments: All new Attachments will be made on the street side of the pole unless otherwise approved by Electric Utility.
3.15.2 Cable Bonding: All new Attachments by Licensee that include messenger cable shall be bonded according to NESC rule 092C1 as a minimum, or at every pole with a vertical ground, as determined by Electric Utility. If no ground exists on a pole to be bonded, Licensee shall notify Electric Utility and a ground will be added to pole at Electric Utility’s expense for attaching party to bond to.
3.15.3 Customer Premises: Licensee's service drop into customer premises shall be protected as required by the most current edition of the NEC.
3.15.4 Communication Cables: All communications cables/wires not owned by Electric Utility shall be attached within the communications space that is located below the Communication Worker Safety Zone
3.16 Licensee shall Tag all of its Communications Facilities as specified by applicable federal, state and local regulations upon installation of such Facilities, prior authorized Attachments of Licensee shall be tagged in the ordinary course of Licensee conducting routine maintenance. Failure to provide proper tagging will be considered a violation of the Applicable Standards.
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3.16.1 Tags shall be on at least every other pole to which the Licensee is attached, Licensee’s facilities shall be identified with a band-type communications cable tag or other identification acceptable to Electric Utility within twelve (12) inches of the pole. The communications tag shall be consistent with communication industry standards and shall include at least the following: Licensee name and emergency contact number.
ESTABLISHINGATTACHMENTTOPOLES 4.01 Before Licensee shall make use of Electric Utility’s Poles under this Agreement, it shall comply with the requirements set forth herein. Permit Application shall be sent by email, or other electronic notification system as designated by the Electric Utility.
4.02 Necessary Authorizations. Before Licensee occupies any of Electric Utility’s Poles, Licensee shall be responsible for obtaining from the appropriate public and/or private authority or from any property owner or other appropriate persons, any required authorization to construct, operate and/or maintain its Communications Facilities on public and/or private property before it occupies any portion of Electric Utility’s Poles. Electric Utility retains the right to require evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee’s obligations include, but are not limited to, its obligation to obtain and pay for all necessary approvals to occupy public/private rights-of-way and to pay for easements and all costs associated with necessary licenses and authorizations to provide the services that it provides over its Communications Facilities. Licensee shall defend, indemnify and reimburse Electric Utility for all losses, costs and expenses, including reasonable attorney’s fees, that Electric Utility may incur as a result of claims by governmental bodies, owners of private property, or other persons, that Licensee does not have sufficient rights or authority to attach Licensee’s Communications Facilities on Electric Utility’s Poles or to provide particular services.
4.03 RequesttoAttachProcedure: At such time as a Licensee intends to make additional attachments to a Pole the Licensee shall submit a completed Permit Application. The Electric Utility
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Holland Board of Public Works 13 PoleAttachmentLicenseAgreement
will review the Permit Application for completeness. Incomplete Permit Applications will be returned, via writing or electronic communication, to the Licensee for correction and re- submission. Upon receipt of a complete Permit Application, the Electric Utility may conduct a Pre- Construction Survey to evaluate the requested Attachment and make a determination as to whether Make Ready Work is required. The Electric Utility will submit a cost estimate to the Licensee. If the Licensee agrees to the Make-Ready Work and associated costs, the Make-Ready Work shall be performed by the Electric Utility or Electric Utility’s contractor. Once the Make-Ready Work is completed the Electric Utility will notify the Licensee at which time the Licensee may attach. Following the Attachment, the Licensee shall notify the Electric Utility and the Electric Utility may conduct a Post-Construction Inspection. Any deficiencies with the Attachment shall be corrected by the Licensee within ten (10) days.
4.03.1 The preceding process shall be followed for all Attachments excluding the following: (i) Overlashing; (ii) The placement of Non-Guyed Service Drops from Poles which already has a Licensee Attachment; (iii) Flying Service Drops that do not substantially alter or unbalance Pole loads; (iv) The placement of dead-end or riser poles; (v) Making safety corrections.
4.04 RequesttoModifyAttachmentProcedure.Whenever the Licensee desires to make a material modification to its existing Attachments or place one or more additional Attachments on a Joint Pole, the Licensee shall submit a completed written application therefor on the form attached hereto as Appendix D and identified as PERMIT APPLICATION or such other form as may be mutually agreed upon, specifying fully, to the extent applicable, the information shown on PERMIT APPLICATION. Unless Electric Utility rejects the completed form within thirty (30) days from the date of receipt, the Licensee may proceed with making such Attachments or changes as are identified in the form in accordance with the terms of the application and this Agreement.
4.04.1 Exceptions:A Permit Application is not required when (i) The placement of Non-guyed Service Drops; (ii) The placement of dead-end or riser poles; (iii) The vertical use of the unused space on a pole as provided in 4.06; (iv) Rearrangements; (v) Transfers required by Electric Utility and (vi) Re-Lashing existing Overlashings.
If Electric Utility rejects the application in whole or in part, Electric Utility will specify the reason(s). The application shall be rejected only for good cause related to safety, reliability or capacity. If BPW-June 2020
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Holland Board of Public Works 14 PoleAttachmentLicenseAgreement Electric Utility determines that any such
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Attachments do not comply with the terms of this Agreement (including the provisions of Article 3), then the parties will work together to minimize the cost of correcting any such deficiencies, but the Licensee shall be responsible for the full cost of any necessary or appropriate corrective measures necessary to accommodate Licensee’s Attachment, including removal and replacement of the pole and all Transfers or other work incident thereto. Licensee shall not be responsible for correction of pre-existing non-compliant conditions on the Pole.
4.05 Either party, without following the REQUEST TO ATTACH or REQUEST TO MODIFY ATTACHMENT procedure, may utilize vertical unused space below its defined space in Article 2 for terminals, risers or other vertical Attachments if the existing Joint Use of such Pole is authorized, such use does not interfere with the other party's operations, and such use complies with the terms of this Agreement (including the provisions of Article 3). The Licensee shall not utilize any unused vertical space below its defined space on Poles that have electric conductors operating in excess of 60kV. Existing Terminals, Risers and other vertical attachments in existence at the Effective Date of this document will be permitted to remain but if removed, shall not be reinstalled.
4.06 Each party shall place, Transfer and Rearrange its own Attachments, and shall place guys and anchors to maintain all unbalanced loads caused by its Attachments. On existing poles, each party will perform any tree trimming or cutting necessary for their initial or additional Attachments. Anchors and guys shall be in place and in effect prior to the installation of Attachments and cables. Each party shall, with due diligence, attempt at all times to execute such work promptly and in such manner as not to interfere with the service of the other party.
4.07 The cost of establishing the joint use of existing poles as provided herein, including the making of any necessary pole replacements, shall be borne by the parties hereto in the manner provided in Article 12.
4.08 Joint use of a Pole shall automatically be continued under the terms of this Agreement if either of the following circumstances applies:
4.08.1 The Pole was a Joint Pole under a Previous Agreement as of the Effective Date.
4.08.2 Both parties had Attachments on the Pole - the Pole was actually in joint use – as of the Effective Date.
4.10 Both before and after any termination of the right to place Attachments on additional poles, the Licensee shall have the right to Transfer its Attachments from an existing pole to a new pole installed as part of a road widening project and to continue joint use on such pole. 4.11 If the Licensee is materially breaching this Agreement and fails to cure such breach
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Holland Board of Public Works 16 PoleAttachmentLicenseAgreement within the timeframes set forth herein, Electric Utility may terminate the Licensee's rights.
4.12 To facilitate the implementation of this Agreement, each party will share with the other party information about its future pole line projects, as appropriate, to facilitate the other party's planning and budgeting.
4.13 To facilitate any preparation of PERMIT APPLICATION, the parties' representatives will, as reasonably necessary and appropriate and if requested by a party, discuss with one another the matters that are the subject of PERMIT APPLICATION.
4.14 Treatment of Multiple Requests for Same Pole. If the Electric Utility receives completed Permit Applications for the same Pole from two or more prospective Licensees within sixty (60) calendar days of the initial request, and accommodating their respective requests would require modification of the Pole or replacement of the Pole, Electric Utility will allocate among such Licensees the applicable costs associated with such modification or replacement. Such allocation applies only to those Attachments involving cable/wire and not Risers and/or other equipment.
PLACEMENTOFNEWPOLES 5.01 Whenever either party hereto requires new pole facilities for any reason, including an additional pole line, an extension of an existing pole line, or in connection with the reconstruction of an existing pole line, it may promptly notify the other party to that effect in writing (verbal notice subsequently confirmed in writing may be given in cases of emergency) stating the proposed location and character of the new poles and the character of circuits it intends to use thereon and indicating whether or not such pole facilities will be, in the estimation of the party proposing to construct the new pole facilities, suitable for Joint Use. In case of emergency verbal notice, the other party will preliminarily respond verbally on an expedited basis that it does or does not want to seek initial joint use of the new poles and will generally describe its planned initial Attachments. Within a reasonable period (not to exceed thirty (30) business days) after the receipt of such written notice, the other party will submit an PERMIT APPLICATION if required by Article 4 above, and the provisions of Article 4 will govern.
5.02 Each party shall place its own Attachments on the new Joint Poles and place guys and anchors to sustain any unbalanced loads caused by its Attachments except as otherwise provided under Article 4. Each party shall, with due diligence, attempt to execute its work promptly and in such manner as not to interfere with the service of the other party.
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Holland Board of Public Works 17 PoleAttachmentLicenseAgreement
SMALLCELL&WIRELESSFACILITIES 6.01 The Licensee is responsible for responding to any and all community concerns or complaints related to Antennas, Micro Wireless Facilities, or Small Cell Wireless Facilities, including aesthetic appearance, health concerns due to radio frequency emissions or otherwise
6.02 The Licensee will independently obtain all authorizations, permits, and approvals from all Municipal, State, and Federal authorities to the extent required by law for the Licensee's proposed service and all easements, licenses, rights-of way and permits necessary for the proposed use of Electric Utility’s poles.
6.03 All pole-top locations selected for antenna placement shall be subject to the Electric Utility approval, which shall not be unreasonably withheld, conditioned, or delayed.
6.04 The design and mounting method for all pole-top, and other type Antennas, Micro Wireless Facilities and Small Cell Wireless Facilities shall be subject to the Electric Utility approval.
6.05 All Antennas, Micro Wireless Facilities and Small Cell Wireless Facilities to be installed in or above the Communication Worker Safety Zone will be installed by the Electric Utility or a contractor approved by the Electric Utility.
6.06 Electric Utility is not a guarantor of any approved contractors. Electric Utility, whether by making available a list of approved contractors or by other methods, has not made and makes no representations or warranties of any nature, directly or indirectly, express or implied, as to performance of the contractors. Selection of which approved contractor to perform the specified work is within the sole decision of the Licensee.
6.07 If Licensee is required to relocate Antennas, Micro Wireless Facilities or Small Cell Wireless Facilities colocated on an Electric Utility pole, it shall do so in accordance with the nondiscriminatory terms set by the Electric Utility.
6.08 Notwithstanding any conditions herein, equipment must be installed in accordance with the specifications set forth in Article 3.
6.09 Where required, two radio frequency (RF) warning signs must be installed. One RF warning sign must be placed at eye level, a second sign must be placed at the pole top, just beyond where the safe approach distance ends. The sign must include the Licensee’s name, contact telephone number, and the approach distance of the Antenna. Notwithstanding the foregoing, this 6.09 shall not include strand mounted Wi-Fi bases. 6.10 The Licensee must provide the Electric Utility with documentation that confirms all RF
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Holland Board of Public Works 18 PoleAttachmentLicenseAgreement emissions comply with applicable laws governing RF exposure levels.
ESTABLISHINGSMALLCELL&WIRELESSFACILITYATTACHMENTS 7.01 Licensees seeking to attach pole-top Antennas, Micro Wireless Facilities or Small cell wireless facilities must follow the procedure delineated in Article 4 and must provide the Electric Utility with the following:
7.01.1 Permit form, including associated maps, drawing and other requested information, as provided in Appendix D of the underlying Pole Attachment License Agreement;
7.01.2 Spec sheets (including typical attachment drawings) and design information for the equipment proposed for attachment.
7.02 Poles selected for pole-top Antennas, Micro Wireless Facilities or Small cell wireless facilities must meet the following criteria:
7.02.1 Proposed pole-top locations must have adequate pole space and not exceed the pole's maximum loading.
7.02.2 Only one attachment will be allowed on a pole-top;
7.02.3 Must be a tangent pole;
7.02.4 Poles selected must not have existing equipment (regulators, gang switches, capacitors, etc.);
7.02.5 Pole must be readily accessible by bucket truck;
7.02.6 Minimum of a class 3 pole;
7.02.7 Attachment must be a minimum of 5 feet above the highest electric attachment;
7.02.8 Pole extensions are not permitted;
7.02.9 A new ground rod is required at all pole-top attachment locations.
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7.03 Risers installed on a wood pole shall have Riser cables and grounds installed in a minimum of Schedule 40 conduit not larger than 2 inches.
7.04 Licensees seeking to attach to Electric Utility-owned streetlight poles must conform to the following conditions:
7.04.1 All Antennas, Micro Wireless Facilities or Small Cell Wireless Facilities must clamp to the streetlight arm. Holes drilled in the arm or bracket will not be permitted.
7.04.2 Antennas, Micro Wireless Facilities and Small Cell Wireless Facilities to be installed on a decorative streetlight must match the aesthetics of the existing Electric Utility pole.
7.04.3 In general, to keep a consistent and uniform appearance throughout Electric Utility’s service area, the Electric Utility will supply, subject to applicable Make-Ready fees, a light pole with adequate strength and provisions for Antenna’s, Micro Wireless Facilities and Small Cell Wireless Facilities.
7.04.4 Licensee shall demonstrate to the sole satisfaction of the Electric Utility that the proposed attachment to a streetlight pole meets all safeguards and engineering standards required for the safe and proper location and operation of such streetlight pole.
RIGHTOFWAYFORLICENSEE’SATTACHMENTS 8.01 While Electric Utility and Licensee will cooperate as far as may be practicable in obtaining rights-of way for both parties on Joint Poles, Electric Utility does not warrant or assure to the Licensee any right-of-way privileges or easements on, over or across streets, alleys and public thoroughfares, and private or publicly owned property, and if the Licensee shall at any time be prevented from placing or maintaining its Attachments on Electric Utility's Poles, no liability on account thereof shall attach to Electric Utility of the Poles.
MAINTENANCEOFPOLESANDATTACHMENTS 9.01 Electric Utility shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in Article 3 and shall replace, reinforce or repair should a pole become defective.
9.02 PoleReplacements.When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole shall be set in the same hole
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Holland Board of Public Works 20 PoleAttachmentLicenseAgreement which the replaced pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles where risers (dips) are installed should be set as close as possible to the existing pole. Electric Utility will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed pole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer.
9.03 Emissions.Licensee is solely responsible for Radio Frequency Emissions emitted by its Attachments. Licensee is responsible for ensuring Radio Frequency exposure from its emissions, in combination with the emissions of all other contributing sources of Radio Frequency Emissions, is within the limits allowable under all applicable rules of the Federal Communications Commission and shall provide Electric Utility with documentation that confirms Licensee’s Radio Frequency Emissions comply with applicable laws governing Radio Frequency exposure levels. If required by the FCC, Licensee must install appropriate signage to notify workers and third-parties of the potential for exposure to Radio Frequency Emissions. One sign must be placed at eye level, a second sign must be placed at the pole top, just beyond where the safe approach distance ends. Licensee will communicate and cooperate with other licensees that emit Radio Frequency to minimize the number of signs.
9.04 Interference.Licensee shall not allow its Communications Facilities to impair the ability of Electric Utility or any third party to use Electric Utility’s Poles, nor shall Licensee allow its Communications Facilities to interfere with the operation of any Electric Utility Facilities. or third- party facilities. Licensees who emit Radio Frequency Emissions through their Attachments shall protect against Radio Frequency Emissions interference from their Attachments with any Radio Frequency Emissions of Electric Utility and any impermissible interference with other licensed licensees. Upon written notice from the Electric Utility or another licensee, Licensee will, at its own cost cooperate and eliminate any interference or degradation caused by its Attachments.
9.05 ProtectiveEquipment. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee shall, at its own expense, install protective devices designed to handle the electric voltage and current impressed on its Communications Facilities carried by Electric Utility’s facilities in the event of a contact with such facilities. Except as provided in Article 27, Electric Utility shall not be liable for any actual or consequential damages to Licensee’s Communications Facilities or, Licensee’s customers’ facilities, or to any of Licensee’s employees, contractors, customers, or other persons.
9.06 Notice.Whenever it is necessary to replace or relocate a Joint Pole, Electric Utility shall, before making such replacement or relocation give reasonable notice (not less than fifteen (15) business days) thereof in writing or by electronic means (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic means) to the Licensee,
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Holland Board of Public Works 21 PoleAttachmentLicenseAgreement specifying in such notice the time of such proposed replacement or relocation and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole.
9.07 Transfers.Should the Licensee fail to Transfer its Attachments to the new Joint Pole on the date specified for such Transfer of Attachments (after all Electric Utility Transfers have been accomplished), Electric Utility may elect to relinquish the ownership of the old pole from which it has removed its Attachments, with the giving of notice in writing fifteen (15) days prior to relinquishment to provide an opportunity to cure. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property of the Licensee, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of, or arising out of, the presence or condition of such pole or of any Attachments thereon. The unused portion of the pole above the Licensee's Attachments shall be cut off and removed by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon price.
9.08 FailuretoTransfer.Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement:
9.08.1 The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:
(i) Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, (ii) Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid by the Licensee. In the event the Licensee notifies Electric Utility that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with Article 9 Section 9.02. BPW-June 2020
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Holland Board of Public Works 22 PoleAttachmentLicenseAgreement 9.08.2 Electric Utility shall have the right to require the Licensee, within one hundred twenty (120) days after the Licensee Transfer Date (as defined in Article 9), either (a) to Transfer its Attachments from an existing pole to a new pole that is erected to carry the same or a similar service or Attachments as those on the existing pole, or (b) to remove its Attachments from the existing pole and terminate joint use as to the existing pole. The choice of option (a) or (b) will be the Licensee's. Or, if neither Electric Utility nor the Licensee desires a Transfer, Electric Utility may elect to abandon the existing pole to the Licensee as provided in Article 14. In the case of any such Transfer, the costs of transferring the Licensee's Attachments will be paid by the Licensee, unless such Transfer is required due to the requirements of an Outside Party, in which case the Outside Party shall reimburse the Licensee upon demand.
9.09 Maintenance:Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned in Article 3 and shall keep them in safe condition and in thorough repair.
9.10 RightǦofǦWayMaintenance:Each party shall be responsible for right-of-way maintenance for its own circuits at its own expense.
9.11 ExistingConstruction:Any existing Joint Use construction of the parties hereto which does not conform to the specifications mentioned in Article 3 shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effective at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections 9.01 and 9.09 of this Article 9.
9.12 MaintenanceandConformityCost:The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
9.13 NewPoleOwnership:Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in Article 12.
9.14 RestorationofUtilityService.Electric Utility’s service restoration requirements shall take precedence over any and all work and/or operations of Licensee on Electric Utility’s Poles.
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Holland Board of Public Works 23 PoleAttachmentLicenseAgreement SAFETYINSPECTIONS&SAFETYVIOLATIONS 10.01 InspectionPerformance:If Electric Utility has reasonable cause to believe Code Violations or unsafe conditions (or other violations of Article 3) involving all parties existent on its system, it will provide documentation of this belief to all parties, and it may, not more than once every five (5) years, perform a periodic safety inspection of Electric Utility’s Poles, including Attachments under this Agreement. The scope of the safety inspection may include the entire system or may be limited to a smaller portion of the system, such as one circuit or the circuits fed by one substation, at the discretion of Electric Utility. At least three (3) months prior to any such safety inspection, Electric Utility shall provide notice of the safety inspection to the Licensee, which shall describe the scope of the inspection and provide Licensee with notice of the anticipated date of the inspection. Electric
Utility and all Outside Parties (other Licensees) shall share equally in the cost of the Initial Safety Inspection and any subsequent safety inspections based on their proportionate share of Attachments.
10.02 Corrections:In the event Licensee has caused any violations of the specifications set forth in this Agreement, regardless of how such violation was discovered, and such violation poses an imminent danger to persons or property (“Imminent Danger Violation”), such party shall correct such violation immediately, but at least within twenty-four (24) hours, unless otherwise agreed to by the parties. Should Licensee fail to correct such violation after notice, Electric Utility may correct the violation and bill the Licensee for the Actual Costs incurred. Following the Initial Safety Inspection, if Licensee has caused a Non-Imminent Danger Violation, Licensee shall have ninety (90) days to correct any such violation upon written notice from Electric Utility, or within a longer, mutually agreed-to time frame if correction of the violation is not possible within ninety (90) days, such extended time to be not more than an additional ninety (90) days. Notwithstanding the foregoing grace periods, in the event Electric Utility or any other third party prevents Licensee from properly correcting a Non-Imminent Danger Violation, the timeframe for correcting such violation shall be extended to account for the time during which Licensee was unable to correct the violation due to such actions of the Electric Utility or third party. Licensee will not be responsible for the costs associated with violations caused by Electric Utility or its agents or Outside Parties. In all circumstances, all of the parties on the pole will work together to maximize safety and reliability while minimizing the cost of correcting any such deficiencies, but the Licensee shall be responsible for the full cost of any necessary or appropriate corrective measures associated with violations caused by Licensee, including removal and replacement of the pole and all Transfers or other work incident thereto. Licensee shall insure that its employees, agents, or contractors, which Licensee causes to work on Electric Utility Poles, will be notified of pending, unresolved poles requiring corrective actions, prior to activities on such poles, and Licensee shall not allow unqualified or improperly equipped personnel to work on Poles. If causation cannot be established, the cost to correct the violation will be split equally among the Electric Utility and all other parties on the Pole.
10.03 Penalties:Electric Utility may impose a penalty in the amount of one hundred ($100) dollars for any violation caused by an unpermitted Attachment of Licensees that is not corrected BPW-June 2020
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Holland Board of Public Works 24 PoleAttachmentLicenseAgreement in accordance with the terms of this Agreement.
10.04 ObservedSafetyViolations:For avoidance of doubt, Licensee shall be required to correct any safety violations as provided herein whether or not such are observed or noticed.
UNDERGROUNDRELOCATION 11.01UndergroundRelocation: If the Electric Utility moves any portion of its aerial system underground, Licensee shall either, in its sole discretion, assume ownership of the Affected Poles or remove its Communications Facilities from any affected Poles and either (a) work in concert with the Electric Utility in completing the underground relocation of the affected Communications Facilities, or (b) find other means as authorized by law to accommodate its Communications Facilities within sixty (60) calendar days of receipt of notice from Electric Utility.
11.02Licensee shall coordinate its relocation with the Electric Utility to prevent unnecessary infrastructure replacement or repair and allow for concurrent conversion of services. If Licensee does not so remove its Attachment, Electric Utility shall have the right to remove or transfer Licensee’s Communications Facilities at Licensee’s expense. Licensee’s failure to remove its Communication Facilities as required under this Article 11 shall subject Licensee to the penalty provisions of Article 9 Section 9.07.
DIVISIONOFCOSTS 12.01 NewPolesInstalledWhereNoneCurrentlyExist.Whenever Electric Utility requires new pole facilities within the Licensee’s service territory for any reason, including an additional Pole line, an extension of an existing pole line, or in connection with the reconstruction of an existing Pole line, it shall make a best effort to notify Licensee to that effect in writing (verbal notice subsequently confirmed in writing may be given in cases of emergency) stating the proposed location of the new pole. In the case of emergency, the Licensee will preliminarily respond verbally on an expedited basis that it does or does not want to attach its Attachments and will generally describe its planned Attachments. Within a reasonable period (not to exceed fifteen (15) business days) after the receipt of such written notice, the Licensee shall submit the notice required under Article 4. If Licensee chooses to attach to a newly installed pole(s) and requires more than the 12” in the Communication Space on such pole, then the Licensee shall pay the incremental cost of the required new pole. If in connection with the construction of a pole(s) the Licensee makes the payment required by this paragraph, then the Licensee shall in the future be entitled to attach on such pole(s) even if the pole(s) does not at that time become a Joint Pole. If joint Use is established pursuant to Article 5. above, the cost to erect new Joint Poles coming under this Agreement, to construct new pole lines, or to make extensions to existing pole lines shall be borne by the parties as set forth in this Article 12. If Joint Use is not established pursuant to Article 5. above, the provisions Article 12 below will control.
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Holland Board of Public Works 25 PoleAttachmentLicenseAgreement
12.01.1 A Standard Pole, or if adequate a Joint Pole smaller than the Standard Pole, shall be erected at the sole expense of Electric Utility.
12.01.2 A pole larger than the Standard Pole, the extra height or strength of which is due wholly to Electric Utility's requirements including owner's requirements for pole space in excess of Electric Supply Space set forth in Article 2 and requirements as to keeping Electric Utility's wires clear of trees shall be erected at the sole expense of Electric Utility.
12.01.3 In the case of a pole larger than the Standard Pole, the extra height or strength of which is due wholly to the Licensee's requirements including Licensee requirement for pole space in excess of Communication Space set forth in Article 2 and requirements as to keeping the Licensee's wires clear of trees, Electric Utility shall pay all costs associated with the construction of a Standard Pole and the Licensee shall pay to the owner the remaining costs of erecting the larger than Standard Pole. If in connection with the construction of a pole the Licensee makes the payment required by this paragraph, then the Licensee shall in the future be entitled to its Space on such pole even if the pole does not at that time become a Joint Pole; provided, however, if the Licensee does not attach to the pole within three years from the date the pole was set, then the Licensee shall no longer be entitled to its Space on such pole.
12.01.4 In the case of a pole larger than the Standard Pole, the extra height or strength of which is due to the requirements of both parties for greater Space or the requirements for proper ground clearance or of public authorities or of property owners, (other than requirements with regard to keeping the wires of one party only clear of trees), the difference between the Cost in Place of such pole and the Cost in Place of a Standard Pole shall be shared equally by the Licensee and Electric Utility, with the rest of the cost of erecting such pole to be borne by Electric Utility.
12.01.5 A pole, including all appurtenances or fixtures, erected between existing poles to provide sufficient clearance and furnish adequate strength to support the circuits of both the owner and the Licensee, which it would have been unnecessary except solely due to Licensee’s use had not been undertaken, shall be erected at the sole expense of the Licensee.
12.02 PaymentsdonotAffectOwnership:Any payments for poles made by the Licensee under any provisions of this Article shall not entitle the Licensee to the ownership of any part of the poles for which it has contributed in whole or in part.
12.03 ReplacementofExistingPoles:Where an existing pole is replaced for maintenance purposes, Electric Utility shall erect a pole adequate for the existing Attachments and additional Attachments for which Applications have been delivered, unless such Application is denied in accordance herewith, and Electric Utility will pay all the costs of installing the replacement pole.
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Holland Board of Public Works 26 PoleAttachmentLicenseAgreement Licensee will pay to replace its existing Attachments. The replaced pole shall be removed and retained by Electric Utility. 12.03.1 A pole larger than the existing pole, which is installed to replace an existing pole, the extra height or strength of which is due wholly to Electric Utility's requirements, such as providing service, normal maintenance, or keeping Electric Utility's wires clear of trees, shall be erected at the sole expense of Electric Utility. Electric Utility shall bear the full expense of replacing or transferring all Electric Utility's Attachments and the Licensee shall bear the full expense of replacing or transferring all the Licensee's Attachments.
12.03.2 A pole larger than the existing pole, which is installed to replace an existing pole, the extra height or strength of which is due wholly to the Licensee's requirements, including Licensee’s requirements as to keeping the Licensee's wires clear of trees, the Licensee shall pay to Electric Utility the Make-Ready cost of the new pole.
12.03.3 A pole larger than the existing pole, which is installed to replace an existing pole, the extra height or strength of which is due wholly to Licensee’s requirements such as providing service, correcting a safety violation or keeping Licensee’s wires clear of trees, Licensee shall pay all of the Make-ready cost of the new pole, including any costs associated with replacing or Transferring Licensee’s Attachments.
12.03.4 In the case of a pole larger than the existing pole, which is installed to replace an existing pole, the extra height or strength which is due to the requirements of all parties on the pole, such as when the parties share responsibility for correcting a safety violation, the difference between the Cost in Place of such pole and the Cost in Place of the existing pole shall be shared equally by the Licensee and Electric Utility, and other third parties, if applicable, the rest of the cost of erecting such pole to be borne by Electric Utility. Electric Utility and Licensee shall replace or Transfer all Attachments at their own expense.
12.03.5 In the case of a pole larger than the existing pole, which is installed to replace an existing pole, the extra height or strength which is due wholly to the requirements of an Outside Party, the Outside Party shall pay all of the Make-Ready cost of the new pole, including any costs associated with replacing or Transferring Licensee’s Attachments.
12.04 ResponsibilityforOwnAttachments:Each party shall place, maintain, Rearrange, Transfer and remove its own Attachments at its own expense except as otherwise expressly provided herein.
12.05 PaymentBasis:Payments made under the provisions of this Article may be based on the estimated or Actual Cost, as mutually agreed upon (including overhead), of making such changes but in no event, however, shall either Party be required to pay for such changes more than 120% of the estimated cost supplied by the other if such cost estimate shall have been requested and BPW-June 2020
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Holland Board of Public Works 27 PoleAttachmentLicenseAgreement furnished before the changes were made.
12.06 ElectricUtilityInstallingLargerPolesForElectricUtility’sFutureUse: In the event Electric Utility installs a pole larger than is initially required for Electric Utility’s and Licensee’s use in anticipation of Electric Utility’s future requirements or additions, the additional space provided by Electric Utility shall be reserved for Electric Utility’s bona fide use for core electric service. Licensee may request documentation to validate the need for future space.
12.07 CorrectiveMeasures: 12.07.1 If any Attachment of the Licensee is found to have caused a violation of the terms of this Agreement, then the parties will work together to increase system safety and reliability while keeping cognizant of the cost of correcting any such deficiencies, but the Licensee shall be responsible for the full cost of any necessary or appropriate corrective measures, including removal and replacement of the pole and all Transfers or other work incident thereto.
12.07.2 If any Attachment of Electric Utility is found to have caused a violation of the terms of this Agreement, then the parties will work together to increase system safety and reliability while keeping cognizant of the cost of correcting any such deficiencies, but Electric Utility shall be responsible for the full cost of any necessary or appropriate corrective measures, including removal and replacement of the pole and all Transfers or other work incident thereto.
12.07.3 If there exists a violation of the terms of this Agreement (including the provisions of Article 2 and Article 3, and it cannot be determined whose Attachment has caused such violation or there is a mixture of the parties causing the violation, then the parties will work together to increase system safety and reliability while keeping cognizant of the cost of correcting any such deficiencies; provided, however, that if a party can modify its Attachments so that they no longer may be a cause of the violation or deficiency, then such party may elect to make such modification instead of otherwise sharing in any costs. Such a modification shall not relieve a party from sharing in such costs if the party making the modification could still have been a cause of any deficiency that remains.
12.07.4 If one or more Outside Party Licensee(s) caused the violation, then such Outside Party Licensee(s) will pay the corrective costs incurred by all who have Attachments on the pole, including for the Licensee, Electric Utility and any other Attaching party; and Electric Utility will make reasonable effort to cause the Outside Party to make such payment.
12.08 WhenExistingPolesNotInJointUseBecomeJointPoles.
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Holland Board of Public Works 28 PoleAttachmentLicenseAgreement 12.08.1 If an existing pole not in joint use was constructed before the Effective Date and becomes a Joint Pole, the Licensee shall pay all necessary Make-ready costs associated with the Licensee attaching to the pole.
12.08.2 If an existing pole not in joint use was constructed after the Effective Date and becomes a Joint Pole, then:
(i) The Licensee shall pay all Make-Ready costs associated with the Licensee attaching to the pole if Electric Utility gave notice pursuant to Article 5. but the Licensee did not, if required, submit an Appendix D as provided in Article 4 and, if applicable, Article 5. (ii) If Electric Utility did not give notice pursuant to Article 5 with respect to the pole, then Electric Utility shall pay all Make-Ready costs associated with the Licensee attaching to the pole. 12.10 BuildingDown: If one party installs Attachments that encroach or needs to install Attachments that would encroach upon the other party's use of its own Space (sometimes known as "building down"), the party installing or needing to install such Attachments must pay the Make- ready costs necessary to permit the other party to use its own Space.
12.11 MakeǦReadyWhenAppendix D NOT REQUIRED. Except as provided in Article 12. above, Electric Utility shall not be obligated to pay Make-Ready costs for any initial or additional Licensee Attachment for which an Appendix D is not required.
UNAUTHORIZEDATTACHMENTS 13.01If any Attachment made after the Effective Date of this Agreement is identified for which the Appendix D requirements (as set forth herein) have not been satisfied ("Unauthorized Attachment"), then, provided Licensee has 90 days to verify or deny the unauthorized attachments, upon receiving written notice the Licensee shall pay to the Electric Utility a one-time fee of fifty dollars ($50) per pole plus a sum equal to the adjustment payments that would have been payable from the earlier of the date of the last audit or five (5) years from the date the Unauthorized Attachment was identified; provided, however, that if the date on which the Attachment was made cannot be determined, then the Licensee will pay a sum equal to the adjustment payments that would have been payable from and after the date the last Actual Inventory of Joint Poles was conducted, subject to any applicable laws regarding statutes of limitations. If the Licensee does not respond within 90 days, it will not have the right to dispute the unauthorized attachment fee. In addition, the Electric Utility may, without prejudice to its other rights or remedies under this Agreement, require the Licensee to submit within fifteen (15) business days of verification by Licensee that an Attachment is an Unauthorized Attachment (provided that Licensee has 90 days to verify or deny that an Unauthorized Attachment exists upon receiving written notice from Electric Utility), an Appendix D along with supporting engineering design data for each such Attachment, and upon review of such information, the Electric Utility may require the Licensee to make or pay for such modifications as may be specified by mutual consent of the parties or if non-approval of
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Holland Board of Public Works 29 PoleAttachmentLicenseAgreement Appendix D is justified, remove the Unauthorized Attachment at Licensee's expense within 90 days or by mutual agreement after Licensee has verified that the Attachment is an Unauthorized Attachment. If Licensee has failed to submit an Appendix D or has not removed such Unauthorized Attachments within the 90 days or by mutual agreement if such non-approval is justified, then the Electric Utility may remove such Attachments at the Licensee’s expense and with no liability to the Electric Utility, in which event the Licensee shall reimburse the Electric Utility upon demand for the cost the Electric Utility incurred in making such removal and shall indemnify and save the Electric Utility harmless from and against all loss, liability, or expense (including but not limited to claim of third parties) resulting from the removal of such Unauthorized Attachment, except in cases of negligence, gross negligence or intentional misconduct. Nothing herein shall relieve the Licensee of its obligation to maintain Attachments at all times in conformity with Article 3.
ABANDONMENTOFJOINTPOLES 14.01 If Electric Utility desires at any time to abandon any Joint Pole, it shall, except as provided in Article 9, give the Licensee notice in writing to that effect at least sixty (60) days prior to the date on which it intends to abandon such pole. If at the expiration of said period Electric Utility shall have no Attachments thereon, but Licensee has not removed its Attachments, such pole shall thereupon become the property of the Licensee, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of or arising out of the presence or condition of such pole or of any Attachments thereon; and shall pay Electric Utility the then depreciated value in place of the pole to Electric Utility. Electric Utility shall further evidence transfer of title to the pole by appropriate means. Credit shall be allowed for any payments which the Licensee may have made under the provisions of Article 12, when the pole was originally set, provided the Licensee furnishes proof of such payment.
14.02 The Licensee may at any time abandon the use of a Joint Pole by removing therefrom any and all Attachments it may have thereon and by giving written notice thereof.
14.03 Licensee shall comply with reasonable and nondiscriminatory requirements that prohibit installation of structures on or above ground in an area designated solely for underground or buried cable and utility facilities.
SMALLCELL&WIRELESSFACILITYFEESANDCHARGES 15.01 Licensee is solely responsible for all costs associated with Make-Ready Work needed to accommodate Licensees Attachment, including the cost of the pole-loading analysis and other required engineering. A good-faith estimate established by Electric Utility for any make-ready work shall include pole replacement if necessary. All make-ready costs shall be based on actual costs, with detailed documentation provided. Licensee shall not be responsible for any work necessary to correct compliance issues discovered through, but not the result of, the Make-
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Holland Board of Public Works 30 PoleAttachmentLicenseAgreement Ready work.
15.02 All fees, charges and Annual Rental will be administered in accordance with Article 16 of the Standard Pole Attachment License Agreement, except for the following:
15.03 The Rate to Colocate Antennas, Micro Wireless Facilities or Small Cell Wireless Facilities on the Electric Utility’s Pole is $50 per pole annually. Every 5 years after the effective date of the Small Wireless Communications Facilities Deployment Act, being Public Act 365 of 2018 (March 12, 2019), the Rate shall be increased by 10% and rounded to the nearest dollar.
15.04 The fee to process requests by Licensee to Colocate Antennas, Micro Wireless Facilities or Small Cell Wireless Facilities on Electric Utility poles is $100 per pole. There will be an additional fee of $100.00 per pole for processing the request, if a modification or maintenance of the colocation requires an engineering analysis. Every 5 years after the effective date of the Small Wireless Communications Facilities Deployment Act (March 12, 2019), the Rate shall be increased by 10% and rounded to the nearest dollar.
ATTACHMENTFEESANDCHARGES 16.01 Payment of Fees and Charges. Licensee shall pay to Electric Utility fees and charges and shall comply with the terms and conditions specified in the Agreement.
16.02 Payment Period. Unless otherwise expressly provided, Licensee shall pay any invoice it receives from Electric Utility pursuant to this Agreement within thirty (30) calendar days after Licensee receives the invoice.
16.03 The applicable computation of payments and calculations as above provided shall be made on or about January 1st of the calendar year following the Attachment rental year, each party acting in cooperation with the other. For example, on or about January 1, 2019, Electric Utility will issue the rental invoice for the rental period covering January 1, 2018 through December 31, 2018.
16.04 Annual Pole Attachment Fee per foot of occupied usable space per year shall be as follows:
16.04.1 Rate: Maximum allowable rate pursuant to 47 USC 224(d) and (e) as established in Federal Communications Commission Order on Reconsideration 15-151. Calculations will be provided to Licensee annually upon request.
16.04.2 Non-Recurring Fees:
(i) Permit Application Fee:
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Holland Board of Public Works 31 PoleAttachmentLicenseAgreement
Number of Poles Affected Application Fee
1-10 $50.00
11-20 $150.00
21-25 $250.00
26+ Cost Estimate Provided
16.05 Miscellaneous Charges: See Article 12
16.06 Unauthorized Attachment Fee: See Article 13
16.07 Safety Inspection Fees: See Article 10
16.08 Inventory Inspection Fees: See Article 17
16.09 Timely Transfer Fees: See Article 9
ADJUSTMENTPAYMENTS 17.01 At intervals of five (5) years, unless otherwise mutually agreed by the parties, an actual inventory of Joint Poles shall be made by representatives of the parties (the "Actual Inventory"). At the request of either party, an Actual Inventory shall be initiated within a year of the Effective Date and be promptly completed as the parties may more particularly agree. For the purpose of such Actual Inventory, any pole used by the Licensee for the sole purpose of attaching wires or cables thereto shall be considered a Joint Pole. Each Outside Party shall pay a prorated share of the reasonable and actual cost of performing the Actual Inventory based on the number of poles to which each Licensee has Attachments on Electric Utility’s poles; provided, however, that Licensee shall not be required to pay for its share of more than one inventory every five (5) years.
17.02 For a year in which there is no Actual Inventory, the number of Joint Poles used in calculating the adjustment payments provided for herein shall be based on the number of Permits submitted by the Licensee.
17.03 For a year for which there is an Actual Inventory, the adjustment payments provided for
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Holland Board of Public Works 32 PoleAttachmentLicenseAgreement herein shall be based on the Actual Inventory; but there shall also be the adjustment provided for in 17.04below.
17.04 For a year for which there is an Actual Inventory, the following adjustment shall be made:
17.04.1 The difference between the number of Joint Poles found by the Actual Inventory for the year in question and the number of Joint Poles currently being billed, whenever conducted, including any Actual Inventory conducted prior to the Effective Date of this Agreement, shall be prorated evenly based on the assumption that such poles were added evenly over the years between the Actual Inventories in order to calculate, on the basis of such proration, a prorated number of poles for each year between the year of the previous Actual Inventory and the year of the present Actual Inventory.
17.04.2 If the adjustment payment so calculated pursuant to this section is greater than the adjustment payment that was actually made, the difference shall constitute an additional amount owed by the Licensee to Electric Utility; if less, the difference shall constitute an amount owed by Electric Utility or a credit to the Licensee.
DEFAULTS 18.01 If either party shall default in any of its obligations under this Agreement and such default continues thirty (30) days after due notice thereof in writing by the other party, the party not in default may suspend the rights of the party in default insofar as concerns the granting of future joint use and if such default shall continue for a period of ninety (90) days after such suspension, the party not in default may forthwith terminate this Agreement.
18.02 If after reasonable notice (not less than thirty (30) business days) either party shall make default in the performance of any work it is obligated to do under this Agreement at its sole expense, the other party may elect to do such work, and the party in default shall reimburse the other party for the cost thereof. Failure on the part of the defaulting party to make such a payment within thirty (30) days upon presentation of bills therefor shall, at the election of the other party, constitute a default under this Article 18.
RIGHTSOFOTHERPARTIES 19.01 If Electric Utility, prior to the execution of this Agreement, conferred upon Outside Parties, by contract or otherwise, rights or privileges to attach to any of its poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of 19.02 below, except where such Outside Parties have by agreements entered into prior to the execution of this Agreement acquired enforceable rights or privileges to make BPW-June 2020
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Holland Board of Public Works 33 PoleAttachmentLicenseAgreement Attachments which do not meet such space allocations. Electric Utility shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts.
19.02 If Electric Utility desires to confer upon Outside Parties, by contract or otherwise, rights or privileges to attach to any of its poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, and (2) such Attachments shall not be located within the space allocation of Licensee. Electric Utility shall derive all of the revenue accruing from such Outside Parties.
19.03 With respect to any rights and privileges granted by Electric Utility under this Article to others not parties hereto, Electric Utility shall reimburse Licensee's cost for transferring and rearranging Licensee's Attachments to provide space for Attachments for such Outside Parties.
19.04 Outside Parties shall be responsible for their pro rata share of any costs mentioned in Article 12.
ASSIGNMENTSOFTHERIGHTS 20.01Except as otherwise provided in this Agreement, neither party hereto shall assign or otherwise dispose of this Agreement or any of its rights or interests hereunder, or in any of the Joint Poles, or the Attachments or rights-of-way covered by this Agreement, to any firm, corporation or individual, without the written consent of the other party, except to the United States of America or any agency thereof; provided, however, that nothing herein contained shall prevent or limit the right of either party to mortgage any or all of its property, rights, privileges, and franchises, or lease or transfer any of them to another corporation organized for the purpose of conducting a business of the same general character as that of such party, or to enter into any merger or consolidation; and, in case of the foreclosure of such mortgage or in case of lease, transfer, merger, or consolidation, its rights and obligations hereunder shall pass to, and be acquired and assumed by, the purchaser at foreclosure, the transferee, lessee, assignee, merging or consolidating company, as the case may be; and provided further that, subject to all of the terms and conditions of this Agreement, either party may permit any corporation conducting a business of the same general character as that of such party, and owned, operated, leased and controlled by it or associated or affiliated with it, the use of all or any part of the space reserved hereunder on any pole covered by this Agreement for the Attachments used by such party in the conduct of its said business; and for the purpose of this Agreement, all such Attachments maintained on any such pole by the permission as aforesaid of either party herein shall be considered as the Attachments of the party granting such permission, and the rights, obligations and liabilities of such party under this Agreement, with respect to such Attachments, shall be the same as if it were the actual owner thereof.
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Holland Board of Public Works 34 PoleAttachmentLicenseAgreement WAIVEROFTERMSORCONDITIONS 21.01The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect.
PAYMENTOFTAXES 22.01Each party shall pay all taxes and assessments lawfully levied on its own property upon Joint Poles, and the taxes and the assessments which are levied on Joint Poles shall be paid by Electric Utility, but any tax, fee, or charge levied on Electric Utility's poles solely because of their use by the Licensee shall be paid by the Licensee.
BILLSANDPAYMENTFORWORK 23.01 Upon the completion of work performed hereunder by either party, the expense of which is to be borne wholly or in part by the other party, the party performing the work shall present to the other party within ninety (90) days after the completion of such work an itemized statement of the costs and such other party shall within forty-five (45) days of the date it received the invoice pay to the party doing the work such other party's proportion of the cost of said work.
23.02 All amounts to be paid by either party under this Agreement shall be due and payable within thirty (30) days after the invoice is received. Except as provided in 23.03 below, any payment not made within thirty (30) days from the due date shall bear interest at the rate of one and a half percent (1.5%) per month until paid, or if one and a half percent (1.5%) exceeds the maximum rate allowed by law, then at the maximum rate allowed by law. If party bills the interest provided for in this paragraph but then receives a payment showing that the payment was timely made, the billing party will write off and cancel the interest.
23.03 A party receiving a bill may, in good faith and for good cause, dispute the amount or adequacy of substantiation for the bill. In the event that a party so disputes only a portion of a bill, then such party shall promptly pay the undisputed amount. Upon resolution of the dispute, if the amount and substantiation were correct and sufficient, interest will be paid on the unpaid balance from the date of the initial bill at the rate of one and a half percent (1.5%) per month until paid, or if one and a half percent (1.5%) exceeds the maximum rate allowed by law, then at the maximum rate allowed by law; but, if the amount was not correct or substantiation was not sufficient, no interest will be payable unless the amount determined to be correct is not paid within thirty (30) days of receipt of substantiation and determination of the correct amount.
NOTICES 24.01 Except as otherwise provided in this Agreement, all notices and writings shall be made to
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Holland Board of Public Works 35 PoleAttachmentLicenseAgreement the following people, who from time to time may be changed by written notice:
24.02 Licensee:
41112 Concept Drive
Plymouth, MI 48170
Attn: VP, Engineering
With a copy to:
Comcast Cable Communications Management , LLC One Comcast Center Philadelphia, PA 19103 Attn.: General Counsel 24.03 Electric Utility:
(NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
24.04 By written notice pursuant hereto a party may from time to time specify a person in lieu of the person designated in 24.01 above to receive notices or writings with respect to specified matter(s) and/or geographic area(s), in which case such notices or writings shall be sent to that person as to such matter(s) and area(s).
24.05 Response to any notice or Permit Application shall be made to the sender rather than to the person designated in 24.01 or 24.02 above.
24.06 Unless otherwise provided in this Agreement, any notice shall be in writing, which may, when mutually agreeable, include preservable electronic means, such as email.
24.07 A second copy of any notice given under Article 18 shall be given to the following persons, who may from time to time be changed by written notice:
24.08 Licensee:
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Holland Board of Public Works 36 PoleAttachmentLicenseAgreement (NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
24.09 Electric Utility:
(NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
(NAME) (TITLE)
24.10The parties will develop and maintain a joint form designating the people to whom notices shall be given pursuant to the foregoing.
TERMOFAGREEMENT 25.01 This Agreement shall become effective upon its execution and, if not terminated in accordance with the provisions of this agreement, continue in effect for a term of five (5) years. Following the initial term, either party may terminate this Agreement by giving to the other party written notice of an intention to terminate the Agreement at least 90 days in advance of termination; but, upon failure to give such notice, this Agreement shall continue in force upon the same terms and conditions.
25.02 The Licensee shall have 180 days from the date Electric Utility has issued a Permit to complete attachment of Licensee’s Attachment. If the Attachment has not been completed within the 180-day period, the Permit shall terminate without further notice to Licensee as to any pole or poles covered by the Permit to which Licensee has not attached its Attachment.
25.03 If at any time after Licensee has attached its Attachment to Electric Utility’s poles, Electric Utility is informed or has reason to believe that such Attachment is not authorized by any governmental authority or private property owner, then Licensee shall remove its Attachment from any of Electric Utility’s poles promptly after receiving notice from Electric Utility of such circumstance and the Permit covering such poles shall automatically terminate, provided, however, if Licensee is in the process of disputing such lack of authority, and has received permission to
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Holland Board of Public Works 37 PoleAttachmentLicenseAgreement remain on the pole pending the outcome of the dispute, Licensee may maintain its Attachment without any liability to Electric Utility thereto.
25.04 Electric Utility may, in addition to seeking any other remedy available to it, terminate this Agreement or any Permit issued under this Agreement if Licensee fails to comply with any of the material provisions of this Agreement and fails within 30 days (or such longer reasonable period if a 30 day cure period is not possible) after written notice from Electric Utility to correct such default.
25.05 In the event a governmental entity at any time requires Electric Utility to remove 1 or more of its poles, any Permit issued to Licensee for such poles shall automatically terminate as to such poles, in which event Electric Utility shall refund to Licensee any unearned payments made pursuant to this Agreement.
25.06 Licensee may at any time terminate any right to attach an Attachment to any pole by removing its Attachment from such pole and notifying Electric Utility of such removal. The Permit covering such pole shall terminate upon receipt of such notice by Electric Utility. Licensee may at any time terminate this Agreement by removing all of its Attachments from all of Electric Utility’s poles and notifying Electric Utility of such removal.
25.07 Except as otherwise provided in this Agreement, the Licensee shall have one hundred eighty (180) days within which to remove its Attachments from Electric Utility’s pole or poles upon termination of this Agreement or of a Permit issued under this Agreement. If the Licensee fails to remove its Attachments from Electric Utility’s pole or poles within such one hundred eighty (180) day period, Electric Utility shall have the right to remove the Licensee’s Attachments from said pole or poles, without notice or liability of any kind to the Licensee, in which event the Licensee shall reimburse Electric Utility for the reasonable and actual cost Electric Utility incurred in making such removal. The Licensee shall indemnify and save Electric Utility harmless from and against all loss, liability, or expense resulting such removal, including but not limited to claims of third parties.
25.08 All Permits issued under this Agreement shall automatically terminate upon termination of this Agreement.
EXISTINGCONTRACTS 26.01 All existing agreements for Pole attachment license between the parties, and all amendments thereto are by mutual consent hereby abrogated and superseded by this Agreement.
26.02 Nothing in the foregoing shall preclude the parties to this Agreement from entering such supplemental operating routines or working practices as they mutually agree to be necessary or desirable to effectively administer the provisions of this Agreement.
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Holland Board of Public Works 38 PoleAttachmentLicenseAgreement LIABILITYANDINDEMNIFICATION 27.01 Each party agrees to indemnify, defend and hold harmless the other party, its directors, officers, shareholders and employees (collectively “Indemnified Persons”) from and against any and all claims, liabilities, losses, damages, and costs, (including reasonable attorneys’ fees) (“Losses”) arising directly, in connection with the construction, maintenance, repair, use, relocation, transfer, removal, or operation by either party, or by either party’s agents or contractors, of its facilities ; provided, however that either party will not be liable under this indemnity to the extent any of the foregoing Losses are determined, in a final judgment by a court of competent jurisdiction, not subject to further appeal, to have resulted from the negligence or willful misconduct of the other party.
27.02 NEITHER PARTY IS LIABILE TO THE OTHER FOR ANY SPECIAL, PUNITIVE, EXAMPLARY DAMAGES, OR FOR INDIRECT OR CONSEQUENTAL DAMAGES, SUCH AS DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN CONRACT, TORT OR OTHERWISE, OR FOR ANY GROSSLY NEGLIGENT, WILLFUL OR FRAUDULENT ACTS OR OMISSIONS.
27.03 Governmental Immunity. No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by the Electric Utility of any governmental immunity.
CONSTRUCTION 28.01This Agreement was drafted by all parties to it and is not to be construed against any party. Neither the negotiations of the language of this Agreement, nor prior drafts of this Agreement, nor the inclusion or exclusion of any language from prior drafts shall be admissible or probative as to the meaning of this Agreement.
REMEDIESCUMULATIVE 29.01 Unless otherwise provided in this Agreement, all remedies set forth in this Agreement are cumulative and in addition to any other remedies that may be available herein or at law or in equity, if any.
INSURANCE 30.01 Policies Required. At all times during the term of this Agreement, Licensee shall keep in force and effect all insurance policies as described below:
30.01.1 Workers Compensation and Employers' Liability Insurance. Statutory workers'
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Holland Board of Public Works 39 PoleAttachmentLicenseAgreement compensation benefits and employers' liability insurance with a limit of liability no less than that required by Michigan law at the time of the application of this provision for each accident. Licensee shall require subcontractors and others not protected under its insurance to obtain and maintain such insurance.
30.01.2 Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, property damage, independent contractor's coverage with limits of liability not less than $5,000,000 general aggregate, $2,000,000 products/completed operations aggregate, $2,000,000 personal injury, $2,000,000 each occurrence. The required limits may be met by any combination of primary and excess or umbrella insurance as long as total limits meet the limits required herein.
30.01.3 Automobile Liability Insurance. Business automobile policy covering all owned, hired and non-owned private passenger autos and commercial vehicles. Limits of liability not less than $1,000,000 each accident.
30.01.4 Umbrella Liability Insurance. Coverage is to be in excess of the sum of the employers' liability, commercial general liability, and automobile liability insurance required above. Limits of liability not less than $5,000,000 each occurrence, $5,000,000 aggregate. Overall limits of liability may be met through any combination of primary and excess liability policies.
30.01.5 Property Insurance. Each party will be responsible for maintaining property insurance on its own facilities, buildings, and other improvements, including all equipment, fixtures, and Electric Utility structures, fencing, or support systems that may be placed on, within, or around Electric Utility facilities to protect fully against hazards of fire, vandalism and malicious mischief, and such other perils as are covered by policies of insurance commonly referred to and known as extended coverage insurance or self-insure for such exposures.
30.02 Qualification; Priority; Contractors' Coverage. The insurer must be authorized to do business under the laws of the state of Michigan and have an ''A' or better rating in Best’s Guide.
Such insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of License shall carry in full force and effect, workers' compensation and employers' liability, commercial general liability, and automobile liability insurance coverages of the type that Licensee is required to obtain under this Article 30 with the same limits.
30.03 Certificate of Insurance; Other Requirements. Prior to the execution of this Agreement and BPW-June 2020
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Holland Board of Public Works 40 PoleAttachmentLicenseAgreement prior to each insurance policy expiration date during the term of this Agreement, the Licensee will furnish Electric Utility with a certificate of insurance (“Certificate”). The Certificate shall reference this Agreement and the insurance required by this Agreement. The Certificate shall state that notice of cancellation will be given in accordance with policy provisions. Electric Utility, its council members, board members, commissioners, agencies, officers, officials, employees and representatives (collectively, ''Additional Insureds") shall be named as Additional Insureds under the commercial general liability, automobile liability, and umbrella liability policies, which shall be so stated on the Certificate. All policies, other than workers' compensation, shall be written on an occurrence and not on a claims-made basis. Licensee shall defend, indemnify and hold harmless Electric Utility and Additional Insureds from and against payment of any deductible and payment of any premium on any policy required under this Article. Licensee shall obtain Certificates from its agents, contractors, and their subcontractors and provide a copy of such Certificates to Electric Utility upon request.
30.04 Limits. The limits of liability set out in this Article 30 may be increased or decreased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal, or other governmental compensation plans, or laws that would materially increase or decrease Licensee's exposure to risk.
30.05 Prohibited Exclusions. No policies of insurance required to be obtained by Licensee or its contractors or subcontractors shall contain provisions that: (1) exclude coverage of liability assumed by this Agreement with Electric Utility except as to infringement of patents or copyrights or for libel and slander in program material, (2) exclude coverage of liability arising from excavating, collapse, or underground work, (3) exclude coverage for injuries to Electric Utility's employees or agents, or (4) exclude coverage of liability for injuries or damages caused by Licensee's contractors or the contractors' employees, or agents. This list of prohibited provisions shall not be interpreted as exclusive.
30.06 Deductible/Self-insurance Retention Amounts. To the extent this License is governed by the Small Wireless Communications Facilities Deployment Act, Public Act 365 of 2018 (MCL 460.1301, etseq.), Licensee may meet all or a portion of the insurance requirements of this article by self insurance.
GOVERNINGLAWANDVENUE 31.01This Agreement shall be construed in accordance with the laws of the State of Michigan without regard to its rules regarding choice of law. Any action or claim arising from, under or pursuant to this Agreement shall be brought in the Ottawa County Circuit Court in the State of Michigan, and the parties expressly waive the right to bring any legal action or claims in any other
BPW-June 2020
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Holland Board of Public Works 41 PoleAttachmentLicenseAgreement courts.
SEVERABILITY 32.01 The provisions (or parts thereof) of this Agreement shall be severable. In the event that any provision (or part thereof) of this Agreement is determined to be illegal, invalid, or otherwise enforceable, then such illegality, invalidity or unenforceability shall not affect or impair the remainder of this Agreement.
32.02 In witness whereof the parties hereto, have caused these presents to be executed in two (2) counterparts, each of which shall be deemed an original by their respective officers thereunto duly authorized, as of the Effective Date.
CONTRACTEXECUTION 34.01 Execution of this Contract shall constitute a contract between the Contractor and the Owner.
34.02 Counterpart Execution. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, and all counterparts, when taken together, will constitute one same Contract. The parties agree that signatures on this Contract may be delivered by facsimile or electronically in lieu of an original signature and agree to treat facsimile or electronic signatures as original signatures that bind them to this Contract.
34.03 This Contract is executed on the date and year noted in the first paragraph of this Contract document.
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
OWNER: CITY OF HOLLAND
BY Nathan Bocks
Its Mayor
BY Kathy Grimm BPW-June 2020
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Holland Board of Public Works 43 PoleAttachmentLicenseAgreement
Appendix A. SMALL CELL STANDARD POLE DRAWING
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Holland Board of Public Works 44 PoleAttachmentLicenseAgreement
Figure1:StandardAluminumMultiǦPurposeStreetlightSmallCellFacilityPole
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Holland Board of Public Works 45 PoleAttachmentLicenseAgreement Appendix B. STANDARD COMMUNICATION SPACE
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Holland Board of Public Works 46 PoleAttachmentLicenseAgreement
Figure2:DiagramShowingCommunicationSpaceandCommunicationsConductorsEquipmentonaWoodPole (NotapplicabletoSmallCellWirelessFacilities,MicroWirelessFacilities,andWirelessFacilities.)
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Holland Board of Public Works 47 PoleAttachmentLicenseAgreement Appendix C. PERMIT APPLICATION PROCESS FLOW CHART
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Holland Board of Public Works 48 PoleAttachmentLicenseAgreement
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Holland Board of Public Works 49 PoleAttachmentLicenseAgreement
Appendix D. PERMIT APPLICATION
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Holland Board of Public Works 50 PoleAttachmentLicenseAgreement
BPW-June 2020
Page 78 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: Units 6, 7, 8 and 9 Generator Testing and Inspection
Operations Department
Introduction:
This recommendation is to award a service contract to conduct generator electrical testing and borescope inspections on Units 6, 7, 8 and 9.
Recommendation:
Approve a contract with General Electric in the amount of $152,500 with a contingency of $22,500 for a total of $175,000 pending approval as to form from the City Attorney.
Description:
General Electric (GE) is the OEM of Units 6, 7, 8 and 9 combustion turbine generators (CTG) and recommends generator electrical testing and borescope inspections as an important part of an owners’ preventative maintenance program. Electrical tests can identify degraded insulation, electrical shorts between windings, poor connections and breaks, and contamination. Borescopes can identify cleanliness, foreign material, loose or displaced parts, corrosion, cracks, and burning. In the past, HBPW has performed electrical tests during hot gas path or combustion inspections. HBPW desires to strengthen our preventative maintenance program to assure reliability of the units and is now transitioning to a more robust program in alignment with GE recommendations.
The electrical tests will be conducted by two generator specialists and consist of the following:
• Winding and copper resistance testing to check for poor connections and breaks • Megger and polarization index (PI) field and stator winding testing to check for contamination and/or deterioration of insulation
Page 1 of 3
Page 79 of 232 • DC Leakage and current stator testing to check for contamination and/or deterioration of insulation • DC Hipot stator winding to look at ground wall insulation integrity • Shorted turn test to look for shorts between windings in the field
The generator borescope inspections will look at the areas of the stator and rotating field that otherwise would not be accessible without removing the rotating field due to the tight clearance between the stator and field. In addition, the borescope inspections will look at the area under the field retaining rings located at each end of the field.
Inspection services were originally bid to two qualified bidders in August of 2020. GE’s proposal price of $93,600 was approximately $24,000 (20%) lower than the proposal price received from Mechanical Dynamics & Analysis (MD&A). Following that bid, the project scope was modified based upon recommendations from GE. The original scope called for a power factor test but GE instead recommends performing stator winding hipot testing. Hipot Test is the short name of high potential (high voltage) testing and is a nondestructive test that determines the adequacy of electrical insulation.
The increase in cost from GE’s original proposal is due to the additional costs for the hipot test, in particular the work to remove and reinstall end shields as necessary to view the generator stator during testing. HBPW staff only negotiated the modified scope with GE due to the large pricing gap between them and MD&A on the initial bid results.
Bidder Name Business Quote Amount Meets Previous Location Specifications Contracts General Electric Schenectady, NY $ 152,500.00 YES YES (GE)
Included in the work scope are services by GE to disassemble and reassemble areas of the generator required for both testing and inspection.
Respectfully submitted,
David G. Koster General Manager
Strategic Directive: 4. HBPW will provide reliable utility services to the customers it serves.
Attachments: 2020-12-07 GE Proposal 1535317 Rev 3
Page 2 of 3
Page 80 of 232
Report prepared by: Mike Radakovitz, Electric Production Superintendent
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Page 81 of 232
Annual Generator Test & Inspect with options and Borescope Inspection
Customer: CITY OF HOLLAND Site: JAMES DEYOUNG Unit Serial: 226243/295766/295767/297292
Prepared By: Will Harrison Proposal: 1535317 Rev. 3 Proposal Date: December 1, 2020
Page 82 of 232 GE Gas Power
To: Holland Board of Public Works Proposal 1535317 Rev. 3 625 Hastings Ave. No: Holland, MI 49423 Attn: Mike Radakovitz Serial No: 226243/295766/295767/297292 Telephone: Date: November 17, 2020 Email: [email protected] Offering Firm Type:
General Electric International, Inc. (hereafter referred to as “GE”) is pleased to submit this proposal through the Power Services business of the General Electric Company to City of Holland for Generator Test & Inspect and Borescope Inspection options for the units.
GE is confident that this scope, as prepared and commented on by our technical staff is complete and contains all the elements necessary to ensure a quality job, conducted in a timely manner, and at a reasonable cost. While reviewing our proposal, please consider the value that GE provides.
Revision 1 adds the Generator Testing & Inspection with Additional Scope and also changes the scope to be a one-visit, four-unit outage, completed back-to-back. It also removes the 5-year plan for the outages.
Thank you for the opportunity to provide these services.
If you have any questions, please do not hesitate to contact me.
Submitted by: General Electric International, Inc. Name: William B. Harrison Title: Sales Manager Address: 2709 Maple Lane Benton Harbor, US-MIUS, 49022 Telephone: (269) 934-5179 Email: [email protected]
CITY OF HOLLAND GE Proprietary Information page 2 of 15 Proposal No: 1535317 Rev. 3
Page 83 of 232 GE Gas Power Proprietary Statement
This entire commercial and technical proposal 1535317 Rev. 2 and the correspondence and communications concerning this proposal, collectively the “Proposal,” developed by GE and provided to City of Holland are the property of GE.
This entire document is proprietary to GE and is furnished in confidence solely for use in considering the merits of the quotation and for no other direct or indirect use. By accepting this document from GE, the recipient agrees: To use this document, and the information it contains, exclusively for the above stated purpose and to avoid use of the information for performance of the proposed work by the recipient or disclosure of the information to, and use by, competitors of GE on behalf of the recipient. To avoid publication or other unrestricted disclosure of this document or the information it contains. To make no copies of any part thereof without the prior written permission of GE. To return this document when it is no longer needed for the purpose for which furnished, or upon request of GE
CITY OF HOLLAND GE Proprietary Information page 3 of 15 Proposal No: 1535317 Rev. 3
Page 84 of 232 GE Gas Power Table of Contents
Proprietary Statement ...... 3 Section 1 - Technical Summary ...... 5 1.1 Offer Summary ...... 5 1.2 Customer Value ...... 6 Section 2 - Commercial Summary ...... 7 2.1 Pricing ...... 7 2.2 Pricing Basis ...... 7 2.3 Proposal Validity ...... 7 2.4 Payment Terms ...... 7 2.5 Purchase Order Instructions ...... 8 2.6 Invoicing Methods ...... 8 2.7 Terms and Conditions ...... 8 Section 3 – Scope of Supply ...... 9 3.1 Field Services ...... 9 3.2 Project Schedule ...... 9 3.3 Division of Responsibilities ...... 9 Appendix 1 – Terms and Conditions ...... 10 Appendix 2 – GEK 103566L ...... 15
CITY OF HOLLAND GE Proprietary Information page 4 of 15 Proposal No: 1535317 Rev. 3
Page 85 of 232 GE Gas Power Section 1 - Technical Summary
1.1 Offer Summary
GE is pleased to submit this proposal to City of Holland, to provide a program to conduct Annual Generator Field and Stator Electrical Testing and Borescope Inspections on the four (4) Gas Turbines at James Deyoung.
Option 1: Generator Testing & Inspection per GEK102566L (Appendix 2)
NOTE: No disassembly required other than Buss or Neutral Line.
Per the GEK103566L (Appendix 2), recommended Electrical Testing includes:
Winding Copper Resistance Testing Meggar and Polarization Index (PI) Generator Field testing Shorted turn test (DC copper resistance, AC impedance, or pole drop test) Visual inspection
Option 2: Generator Testing & Inspection per GEK1102566L (Appendix 2) + Additional Scope
NOTE: Some disassembly required. The scope will cover eight (8) shifts of mechanical disassembly for the four (4) units. It also includes two (2) Generator Specialists for the testing.
Winding Copper Resistance Testing Meggar and Polarization Index (PI) Generator Field and Stator Winding testing DC Leakage Current Stator Testing* DC Hipot Stator Winding* Shorted turn test (DC copper resistance, AC impedance, or pole drop test) Visual Inspection
*This provides a similar integrity check on the insulation system as a power factor test. A DC leakage test is performed up to 2E but starts at 10kv or 15kv depending on the rated stator voltage and steps up to 2E in 20% steps at prescribed intervals after an initial ten (10) minute soak. The DC leakage test is our standard test along with a high potential test for testing the integrity of the insulation system on the stator armature windings.
Option 3: Generator Borescope
Option 1 Borescope is limited to accessibility Option 2 Borescope includes inspection under the Retaining Rings
CITY OF HOLLAND GE Proprietary Information page 5 of 15 Proposal No: 1535317 Rev. 3
Page 86 of 232 GE Gas Power 1.2 Customer Value
While reviewing our quotation, please consider the value that General Electric International Inc. (GE) provides. Each GE Generator Specialist receives continuous technical training in the latest state-of-the-art procedures, methods and tools for Generator equipment inspection and maintenance.
Technology Guided Inspections Defined component deterioration modes Inspection instruction focused to obtain consistent, repeatable data and detail Compare deterioration to fleet modes
Rigorous Planning and Scheduling Pre-inspection review of all applicable TIL's Outage history and schedule review Inspection priority based on part risk and/or customer concerns
Value Added Reporting and Disposition As-planned and as-executed inspection Incorporates previous inspections findings
Review all relevant Product Answer Center (PAC) cases.
CITY OF HOLLAND GE Proprietary Information page 6 of 15 Proposal No: 1535317 Rev. 3
Page 87 of 232 GE Gas Power Section 2 - Commercial Summary
2.1 Pricing
Extended Item Description Price $USD Generator Testing & Inspection per GEK102566L 1 $ 53,600 Four (4) units, completed during one site visit Generator Testing & Inspection per GEK102566L plus Additional 2 Scope $ 121,500 Four (4) units, completed during one site visit Generator Borescope Inspection 3 $ 31,000 Four (4) units, completed during one site visit
2.2 Pricing Basis
The prices assumes the units will be inspected in series, eliminating any need for additional mobilizations/demobilizations. The Generator Testing & Inspection (Items 1 & 2) do not include the Borescope Inspection for the units. Anticipated coverage of these inspections will be dependent on the availability of resources at the time the purchase order is received. The price is in USD and does not include applicable sales, excise, value added, use or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or similar tax applicable to the work hereunder shall be paid by Buyer or in lieu thereof, Buyer shall provide Seller with the tax exemption evidence acceptable to the taxing authorities. Proposal Item 1 does not include mechanical removal of any ports or Access Covers. 2.3 Proposal Validity
This proposal is valid for 60 days from date of issue. GE reserves the right to modify prices herein for work ordered after that date. This proposal is subject to Prior Sale or change upon notice prior to executable order. 2.4 Payment Terms
Payment will be due 30 days From Invoice Date from receipt of GE's invoice without any setoff (including, without limitation, setoff under other GE Proposals with GE or with General Electric Company or its affiliates). These terms will take precedence over any conflicting payment terms referenced.
Work will be invoiced as follows:
CITY OF HOLLAND GE Proprietary Information page 7 of 15 Proposal No: 1535317 Rev. 3
Page 88 of 232 GE Gas Power Upon Completion of generator testing and/or borescope inspection 75% Upon Completion of applicable reports 25%
2.5 Purchase Order Instructions
Upon City of Holland’s decision to submit a purchase order, please address the Purchase order to:
General Electric International, Inc. - United States Attn: William Harrison 2709 Maple Lane Benton Harbor, US-MIUS, 49022 Phone: (678) 481-1770 Email: [email protected] 2.6 Invoicing Methods
Invoicing unless mutually agreed otherwise, GE shall submit invoices to Vermillion by e-mail and, if Buyer so requests, GE shall also provide to a paper invoice by regular mail. As an alternative, GE may submit paper invoices by overnight express mail to Buyer's street address. Buyer shall be deemed to have received each invoice as of the date of Buyer's receipt of the e-mail or overnight express mail, as applicable. Deutsche Bank Trust (Wire Transfers) Swift Code: BKTRUS33 ABA 021001033 Acct# 50272119 Acct Name: General Electric International, Inc. 2.7 Terms and Conditions
This proposal is subject to the Products and/or Services Terms & Conditions attached. COVID-19 ADDENDUM TO PRODUCT AND/OR SERVICES TERMS AND CONDITIONS
The parties acknowledge that the COVID-19 epidemic and government actions in response to it have affected and will continue to affect Seller’s ability to deliver goods and services around the world (the “COVID-19 Impact”). Seller’s commitment to the schedule obligations contained herein is conditioned upon there being no increase in the COVID-19 Impact on Seller’s obligations under this Contract in excess of those currently known to Seller at the time of bidding. In the event of an increase in the COVID-19 Impact, Seller shall be entitled to an equitable adjustment in schedule and price, subject to Seller’s obligation to work in good faith with Buyer to mitigate the impact on schedule and/or cost.
CITY OF HOLLAND GE Proprietary Information page 8 of 15 Proposal No: 1535317 Rev. 3
Page 89 of 232 GE Gas Power Section 3 – Scope of Supply
3.1 Field Services Electrical Testing and Inspection of the Generator Stator and Field while unit is assembled. Generator Borescope Inspection will be completed with the Field installed. A preliminary report describing the condition of the unit will be issued at the site. Color photographs will be taken of all areas inspected. Two copies of the final report containing selected photos best representing the condition of the unit will be issued in a timely manner. ER Case reviewed by GE Product Services Engineering for maintenance recommendations and risk assessment. 3.2 Project Schedule
The Generator Test & Inspect of each unit can estimated be completed during three (3) ten (10) hour shifts per unit. The Generator Borescope Inspection will be completed in one (1) ten (10) hour shift per unit. If circumstances beyond GE’s control cause the time to be greater than the allotted timeframe, additional charges may apply. 3.3 Division of Responsibilities
GE Responsibilities
GE will furnish two (2) Generator Specialists and testing equipment to test & inspect the Generator.
For the optional scope, GE will furnish Craft & Supervision to mechanically disassemble and reassemble the unit. The scope also provides two (2) Generator Specialists to complete the testing. GE will supply tooling and testing equipment.
GE will furnish one (1) Borescope Inspector and equipment for the Borescope Inspection.
Customer Responsibilities
The customer will be responsible for the supply of services, materials, facilities, and/or equipment not specifically included in the stated GE's workscope. These responsibilities include, but are not limited to, the following: Provide necessary staging /scaffolding as required for Generator inspections. Provide 120V AC, 15-amp electrical power. Provide for rotating the Field as required for Borescope Inspections. Provide access to examination areas and/or examination ports, remove plugs, covers and /any other accessible openings as required for Generator borescope inspections. Operators/Technicians to Lock Out Tag Out (LOTO) all potential hazards and energy sources associated with the Turbine, Generator, and Auxiliaries. For the Stator, the Customer will disconnect the neutral connections and the connections to the phase connections (isolate the Generator from any electrical sources). For the Generator Field, disconnect the brush rigging and move out of way. CITY OF HOLLAND GE Proprietary Information page 9 of 15 Proposal No: 1535317 Rev. 3
Page 90 of 232 GE Gas Power Appendix 1 – Terms and Conditions
Products and/or Services Terms and Conditions PTSC/Emma (Standard) (September 2019) NOTICE: Sale of any Products and/or Services is expressly conditioned on Buyer's assent to these Terms and Conditions. Any acceptance of Seller's offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Buyer. No facility entry form shall modify these Terms and Conditions even if signed by Seller's representative. Any order to perform work and Seller's performance of work shall constitute Buyer's assent to these Terms and Conditions. Unless otherwise specified in the quotation, Seller's quotation expires 30 days from its date and may be modified or withdrawn by Seller before receipt of Buyer's conforming acceptance. 1. Definitions For all other shipments, title to Products shall pass to Buyer the earlier of (i) the "Buyer" means the entity to which Seller is providing Products and/or Services port of export immediately upon clearance of Products for export or (ii) under the Contract. immediately after each item departs from the territorial land, seas and overlying airspace of the sending country. When Buyer arranges the export or "Contract" means either the contract agreement signed by both parties, or the intercommunity shipment, Buyer will provide Seller evidence of exportation or purchase order signed by Buyer and accepted by Seller in writing, for the sale of intercommunity shipment acceptable to the relevant tax and custom authorities. Products and/or Services, together with these Terms and Conditions, Seller's final Where Seller is responsible for importing, or directly or indirectly quotation, the agreed scope(s) of work, and Seller's order acknowledgement. In reimburses When Buyer arranges the export or intercommunity shipment, Buyer the event of any conflict, the Terms and Conditions shall take precedence over will provide Seller evidence of exportation or intercommunity shipment other documents included in the Contract. acceptable to the relevant tax and custom authorities. Where Seller is responsible "Contract Price" means the agreed price stated in the Contract for the sale of for importing, or directly or indirectly reimburses Buyer for import costs, Buyer Products and/or Services, including adjustments (if any) in accordance with the agrees to have import arranged through the agency of one of Seller's approved Contract. global customs brokers, whereby Seller will provide required support for "Derivative Works" means: (a) any work based upon one or more pre-existing instructions. If Buyer arranges for any import of Parts, Buyer may not use any works, such as a revision, enhancement, modification, translation, abridgement, third party vendor for providing customs clearance services until Seller has condensation, expansion, extension or any other form in which such pre-existing approved such party prior to shipment of the Parts. Notwithstanding the works may be published, recast, transformed, or adapted, and that if prepared foregoing, Seller grants only a nonexclusive license, and does not pass title, for without the authorization of the owner of the copyright or other intellectual any software provided by Seller under this Contract, and title to any leased property right to such pre-existing works, would constitute an infringement of equipment remains with Seller. such copyright or other intellectual property right, and/or (b) any compilation 2.2 As and if requested by Seller, Buyer shall at its expense establish and keep in that incorporates such pre-existing works. force payment security in the form of an irrevocable, unconditional, sight letter of "Hazardous Materials" means any toxic or hazardous substance, hazardous credit or bank guarantee allowing for pro-rata payments as Products are shipped material, dangerous or hazardous waste, dangerous good, radioactive material, and Services are performed, plus payment of cancellation and termination petroleum or petroleum-derived products or by-products, or any other chemical, charges, and all other amounts due from Buyer under the Contract ("Payment substance, material or emission, that is regulated, listed or controlled pursuant to Security"). The Payment Security shall be (a) in a form, and issued or confirmed any national, state, provincial, or local law, statute, ordinance, directive, by a bank acceptable to Seller, (b) payable at the counters of such acceptable regulation or other legal requirement of the United States ("U.S.") or the country bank or negotiating bank, (c) opened at least sixty (60) days prior to both the of the Site. "Insolvent/Bankrupt" means that a party is insolvent, makes an earliest scheduled shipment of Products and commencement of Services, and (d) assignment for the benefit of its creditors, has an administrator, receiver, remain in effect until the latest of ninety (90) days after the last scheduled liquidator or trustee appointed for it or any of its assets, or files or has filed Product shipment, completion of all Services and Seller's receipt of the final against it a proceeding under any bankruptcy, insolvency dissolution or payment required under the Contract. Buyer shall, at its expense, increase the liquidation laws. "Products" means the equipment, parts, materials, supplies, amount(s), extend the validity period(s) and make other appropriate software, and other goods Seller has agreed to supply to Buyer under the modifications to any Payment Security within ten (10) days of Seller's notification Contract. "Seller" means the entity providing Products or performing Services that such adjustment is necessary in connection with Buyer's obligations under under the Contract. the Contract. "Services" means the services Seller has agreed to perform for Buyer under the 2.3 Seller is not required to commence or continue its performance unless and Contract. "Site" means the premises where Products are used or Services are until any required Payment Security is received, operative and in effect and all performed, not including Seller's premises from which it performs Services. applicable Progress Payments have been received. For each day of delay in "Terms and Conditions" means these "Products and/or Services Terms and receiving any Progress Payments or acceptable Payment Security, Seller shall be Conditions", including any relevant addenda pursuant to Article 18, together with entitled to an equitable extension of time to durations or periods of time (if any) any modifications or additional provisions specifically stated in Seller's final expressly agreed to by the Parties in the written schedule for performance and/or quotation or specifically agreed upon by Seller in writing. completion of the Services or any parts thereof. If at any time Seller reasonably "USD" means United States Dollars. determines that Buyer's financial condition or payment history does not justify continuation of Seller's performance, Seller shall be entitled to require full or partial payment in advance or otherwise restructure payments, request 2. Payment additional forms of Payment Security, suspend its performance or terminate the 2.1 Buyer shall pay Seller for the Products and/or Services by paying all invoiced Contract. amounts by direct bank transfer in the currency specified by Seller in the Contract, without deduction, withholding or set-off for any payment or claim, 3. Taxes and Duties Seller shall be responsible for all corporate taxes measured within thirty (30) days from the invoice date. If the Contract Price is less than two by net income due to performance of or payment for work under this Contract hundred fifty thousand USD ($250,000), Seller shall issue invoices upon shipment ("Seller Taxes"). Buyer shall be responsible for all taxes, duties, fees, or other of Products and as Services are performed. If the Contract Price is two hundred charges of any nature (including, but not limited to, consumption, gross receipts, fifty thousand USD ($250,000) or more, progress payments shall be invoiced import, property, sales, stamp, turnover, use, or value-added taxes, and all items starting with twenty-five percent (25%) of the Contract Price for Products and/or of withholding, deficiency, penalty, addition to tax, interest, or assessment Services upon the earlier of Contract signature or issuance of Seller's order related thereto, imposed by any governmental authority on Buyer or Seller or its acknowledgement and continuing such that the Contract Price for remaining subcontractors) in relation to the Contract or the performance of or payment for Services is invoiced as they are performed and ninety percent (90%) of the work under the Contract other than Seller Taxes ("Buyer Taxes"). The Contract Contract Price for Products is received before the earliest scheduled Product Price does not include the amount of any Buyer Taxes. If Buyer deducts or shipment ("Progress Payments"). For each calendar month, or fraction thereof, withholds Buyer Taxes, Buyer shall pay additional amounts so that Seller receives that payment is late, Buyer shall pay a late payment charge computed at the rate the full Contract Price without reduction for Buyer Taxes. Buyer shall provide to of 1.5% per month on the overdue balance, or the maximum rate permitted by Seller, within one month of payment, official receipts from the applicable law if it is less. If the price is set by the Contract in a currency other than USD, governmental authority for deducted or withheld taxes. references to USD in this Section 2.1 shall mean the equivalent amount in the
applicable currency.
CITY OF HOLLAND GE Proprietary Information page 10 of 15 Proposal No: 1535317 Rev. 3
Page 91 of 232 GE Gas Power
4. Deliveries;Title Transfer; Risk of Loss; Storage modification or repair of Products and/or Services only as authorized by Seller in 4.1 For shipments that do not involve export, including shipments from one writing. Failure to meet any such conditions renders the warranty null and void. European Union ("EU") country to another EU country, Seller shall deliver Seller is not responsible for normal wear and tear. Products to Buyer FCA Seller's facility or warehouse (Incoterms 2010). For export 5.6 This Article 5 provides the exclusive remedies for all claims based upon the shipments, Seller shall deliver Products to Buyer FCA Port of Export (Incoterms failure of or defect in Products or Services, whether the claim is based in contract, 2010). Buyer shall pay all delivery costs and charges or pay Seller's standard negligence, statute, or any tortious/extra-contractual liability theory, strict shipping charges plus up to twenty-five (25%) percent. Partial deliveries are liability or otherwise. The foregoing warranties in this Article 5 are exclusive and permitted. Seller may deliver Products in advance of the delivery schedule. If are in lieu of all other warranties, conditions and guarantees whether written, Products delivered do not correspond in quantity, type or price to those itemized oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY, OR in the shipping invoice or documentation, Buyer shall so notify Seller within ten WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY OR FITNESS FOR A (10) days after receipt. PARTICULAR PURPOSE APPLIES. 4.2 For shipments that do not involve export, title to Products shall pass to Buyer upon delivery in accordance with Section 4.1. For export shipments from a Seller 6. Confidentiality facility or warehouse outside the U.S., title shall pass to Buyer upon delivery in 6.1 Seller and Buyer (as to information disclosed, the "Disclosing Party") may accordance with Section 4.1. For shipments from the U.S. to another country, each provide the other party (as to information received, the "Receiving Party") title shall pass to Buyer immediately after each item departs from the territorial with Confidential Information in connection with this Contract. "Confidential land, seas and overlying airspace of the U.S. The 1982 United Nations Convention Information" means information that is designated in writing as "confidential" or of the law of the Sea shall apply to determine the U.S. territorial seas. "proprietary" by Disclosing Party at the time of written disclosure. In addition, 4.3 Risk of loss shall pass to Buyer upon delivery pursuant to Section 4.1, except prices for Products and/or Services shall be considered Seller's Confidential that for export shipments from the U.S., risk of loss shall transfer to Buyer upon Information. title passage. 6.2 Receiving Party agrees: (i) to use the Confidential Information only in 4.4 If any Products to be delivered under this Contract or if any Buyer equipment connection with the Contract and use of Products and/or Services, (ii) to take repaired at Seller's facilities cannot be shipped to or received by Buyer when reasonable measures to prevent disclosure of the Confidential Information to ready due to any cause attributable to Buyer or its other contractors, Seller may third parties, and (iii) not to disclose the Confidential Information to a competitor ship the Products and equipment to a storage facility, including storage at the of Disclosing Party. Notwithstanding these restrictions, (a) Seller may disclose place of manufacture or repair, or to an agreed freight forwarder. If Seller places Confidential Information to its affiliates and subcontractors in connection with Products or equipment into storage, the following apply: (i) title and risk of loss performance of the Contract, (b) a Receiving Party may disclose Confidential immediately pass to Buyer, if they have not already passed, and delivery shall be Information to its auditors, (c) Buyer may disclose Confidential Information deemed to have occurred; (ii) any amounts otherwise payable to Seller upon to lenders as necessary for Buyer to secure or retain financing needed to perform delivery or shipment shall be due; (iii) all expenses and charges incurred by Seller its obligations under the Contract, and (d) a Receiving Party may related to the storage shall be payable by Buyer upon submission of Seller's invoices; and (iv) when conditions permit and upon payment of all amounts due, disclose Confidential Information to any other third party with the prior written Seller shall make Products and repaired equipment available to Buyer for permission of Disclosing Party, and in each case, only so long as the Receiving delivery. Party obtains a non-disclosure commitment from any such subcontractors, 4.5 If repair Services are to be performed on Buyer's equipment at Seller's facility, auditors, lenders or other permitted third party that prohibits disclosure of the Buyer shall be responsible for, and shall retain risk of loss of, such equipment at Confidential Information and provided further that the Receiving Party remains all times, except that Seller shall be responsible for damage to the equipment responsible for any unauthorized use or disclosure of the Confidential while at Seller's facility to the extent such damage is caused by Seller's Information. Receiving Party shall upon request return to Disclosing Party or negligence. destroy all copies of Confidential Information except to the extent that a specific provision of the Contract entitles Receiving Party to retain an item of Confidential 4.6 Except as otherwise expressly agreed to by the Parties in writing, acceptance Information. Seller may also retain one archive copy of Buyer's Confidential of Products shall be deemed to occur upon delivery; ; acceptance of Services shall Information. be deemed to occur upon performance of the Services. Acceptance shall not be delayed by delays in provision of documentation or other non-conformances 6.3 The obligations under this Article 6 shall not apply to any portion of the which do not prevent operation of Buyer's equipment, nor by requirements Confidential Information that: (i) is or becomes generally available to the public which the Contract contemplates may be carried out after acceptance. other than as a result of disclosure by Receiving Party, its representatives or its affiliates; (ii) is or becomes available to Receiving Party on a non-confidential
basis from a source other than Disclosing Party when the source is not, to the 5. Warranty best of Receiving Party's knowledge, subject to a confidentiality obligation to 5.1 Seller warrants that Products shall be delivered free from defects in material, Disclosing Party; (iii) is independently developed by Receiving Party, its workmanship and title and that Services shall be performed in a competent, representatives or affiliates, without reference to the Confidential Information; diligent manner in accordance with any mutually agreed specifications (iv) is required to be disclosed by law or valid legal process provided that the incorporated into the Contract. Receiving Party intending to make disclosure in response to such requirements or 5.2 The warranty for Products shall expire one (1) year from first use or eighteen process shall promptly notify the Disclosing Party in advance of such disclosure (18) months from delivery, whichever occurs first, except that software is and reasonably cooperate in attempts to maintain the confidentiality of the warranted for ninety (90) days from delivery; and the warranty for Services shall Confidential Information. expire one (1) year after performance of the Service, except that software-related 6.4 Each Disclosing Party warrants that it has the right to disclose the Services are warranted for ninety (90) days (as applicable, the "Warranty information that it discloses. Neither Buyer nor Seller shall make any public Period"). announcement about the Contract without prior written approval of the other 5.3 If Products and/or Services do not meet the above warranties, Buyer shall party. As to any individual item of Confidential Information, the restrictions under promptly notify Seller in writing prior to expiration of the applicable Warranty this Article 6 shall expire five (5) years after the date of disclosure. Trade secrets Period. Seller shall (i) at its option, repair or replace defective Products and (ii) that are contained in or comprise Confidential Information are to be protected reperform defective Services. If despite Seller's reasonable efforts, a non- for the life of the trade secret. Article 6 does not supersede any separate conforming Product cannot be repaired or replaced, or non-conforming Services confidentiality or nondisclosure agreement signed by the parties. cannot be reperformed, Seller shall refund or credit monies paid by Buyer for such nonconforming Products and/or Services. Warranty repair, replacement or 7. Intellectual Property reperformance by Seller shall not extend or renew the applicable Warranty 7.1 Seller shall defend and indemnify Buyer against any claim by a non-affiliated Period. Seller's warranty obligations exclude the repair or replacement of any third party (a "Claim") alleging that Products and/or Services furnished under this damaged parts or Products other than the initially failing part which caused the Contract infringe a patent in effect in the U.S., an EU member state or the damage. Buyer shall obtain Seller's agreement on the specifications of any tests it country of the Site (provided there is a corresponding patent issued by the U.S. or plans to conduct to determine whether a non-conformance exists. an EU member state), or any copyright or trademark registered in the country of 5.4 Buyer shall bear the costs of access for Seller's remedial warranty efforts the Site, provided that Buyer (a) promptly notifies Seller in writing of the Claim, (including removal and replacement of systems, structures or other parts of (b) makes no admission of liability and does not take any position adverse to Buyer's facility), de-installation, decontamination, re-installation and Seller, (c) gives Seller sole authority to control defense and settlement of the transportation of defective Products to Seller and back to Buyer. Claim, and (d) provides Seller with full disclosure and reasonable assistance as 5.5 The warranties and remedies are conditioned upon (a) proper storage, required to defend the Claim. installation, use, operation, and maintenance of Products, (b) Buyer keeping accurate and complete records of operation and maintenance during the warranty period and providing Seller access to those records, and (c)
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7.2 Section 7.1 shall not apply and Seller shall have no obligation or liability with Payment of liquidated damages shall be in full and final settlement of any and all respect to any Claim based upon (a) Products and/or Services that have been liability of the Seller for delays under the Contract and shall be Buyer's sole and modified, or revised, (b) the combination of any Products and/or Services with exclusive remedy for failing to achieve the performance, delivery and/or other products and/or services when such combination is a basis of the alleged completion guarantee. The Seller's maximum aggregate liability for liquidated infringement, (c) failure of Buyer to implement any update provided by Seller damages for delay shall in no circumstances exceed 5% (five per cent) of the total that would have prevented the Claim, (d) unauthorized use of Products and/or amount of the Contract Price paid to the Seller. Services, or (e) Products and/or Services made or performed to Buyer's 10.2 Seller shall not be liable and shall not be considered in breach of any specifications. obligations to supply manpower, deliver Products or to perform, deliver or 7.3 Should any Product and/or Service, or any portion thereof, become the complete the Services or any parts thereof within specified durations or periods subject of a Claim, Seller may at its option (a) procure for Buyer the right to or by a specified time) if it is delayed or prevented, directly or indirectly, by any continue using the Product and/or Service, or applicable portion thereof, (b) cause beyond its reasonable control, or by armed conflict, acts or threats of modify or replace it in whole or in part to make it non-infringing, or (c) failing (a) terrorism, pandemics, strikes or other labor disturbances, or acts or omissions of or (b), take back infringing Products and/or discontinue infringing Services and any governmental authority or of the Buyer or Buyer's contractors or suppliers or refund the price received by Seller attributable to the infringing Products and/or for any period of suspension under Section 11.3. If any such cause or excusable Services event occurs, the schedule for Seller's performance shall be adjusted accordingly 7.4 Article 7 states Seller's exclusive liability for intellectual property infringement and dates or times stated in the schedule for performance and/or completion of by Products and/or Services. the Services shall be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event. 7.5 Each party shall retain ownership of all Confidential Information and If acts or omissions of the Buyer or its contractors or suppliers cause the delay, intellectual property it had prior to the Contract. All rights in and to software not Seller shall also be entitled to an equitable price adjustment. expressly granted to Buyer are reserved by Seller. All new intellectual property conceived or created by Seller in the performance of this Contract, whether alone or with any contribution from Buyer, shall be owned exclusively by Seller. Buyer 11. Termination and Suspension agrees to deliver assignment documentation as necessary to achieve that result. 11.1 Buyer may terminate the Contract (or the portion affected) for cause if Seller 7.6 Buyer will not itself, and will not allow any party (including Buyer Affiliates) (i) becomes Insolvent/Bankrupt, or (ii) commits a material breach of the Contract to: (i) reverse engineer Products or Services (including any Seller monitoring or which does not otherwise have a specified contractual remedy, provided that: (a) data analysis by Seller), (ii) prepare Derivative Works from, alter, modify, Buyer shall first provide Seller with detailed written notice of the breach and of disassemble, reverse engineer, reverse assemble, de-compile, or otherwise Buyer's intention to terminate the Contract, and (b) Seller shall have failed, within attempt to reconstruct, discover or derive the object or source code of any 30 days after receipt of the notice, to commence and diligently pursue cure of the software licensed to Buyer by Seller under this Contract (including any third party breach. software); (iii) permit or otherwise grant any third-party access to Products, 11.2 If Buyer terminates the Contract pursuant to Section 11.1, (i) Seller shall Services or software for such purpose, even if such third party is performing any reimburse Buyer the difference between that portion of the Contract Price corrections, bug fixes and updates. allocable to the terminated scope and the actual amounts reasonably incurred by 7.7 Products furnished by Seller under this Contract shall not be installed, used, Buyer to complete that scope, and (ii) Buyer shall pay to Seller (a) the portion of or made available for use in any equipment other than the equipment specified the Contract Price allocable to Products and/or Services completed, (b) lease fees in the Contract at Buyer's Site. Buyer warrants that such equipment, and the Site, incurred, and (c) amounts for Services performed before the effective date of is under its ownership and control, and agrees to inform Seller forthwith should termination. The amount due for Services shall be determined in accordance with this cease to be the case at any time before expiry of the Warranty Period. the milestone schedule (for completed milestones) and rates set forth in the Contract (for work toward milestones not yet achieved and where there is no milestone schedule), as applicable or, where there are no milestones and/or rates 8. Indemnity in the Contract, at Seller's then-current standard time and material rates. Each of Buyer and Seller (as an "Indemnifying Party") shall indemnify the other 11.3 Seller may suspend or terminate the Contract (or any affected portion party (as an "Indemnified Party") from and against claims brought by a thereof) immediately for cause if Buyer (i) becomes Insolvent/Bankrupt, or (ii) third party, on account of personal injury or damage to the third party's tangible materially breaches the Contract, including, but not limited to, failure or delay in property, to the extent caused by the negligence of the Indemnifying Party in Buyer providing Payment Security, making any payment when due, or fulfilling connection with this Contract. In the event the injury or damage is caused by any payment conditions. joint or concurrent negligence of Buyer and Seller, the loss or expense shall be 11.4 If the Contract (or any portion thereof) is terminated for any reason other borne by each party in proportion to its degree of negligence. For purposes of than Seller's default under Section 11.1, Buyer shall pay Seller for all Products Seller's indemnity obligation, no part of the Products or Site is considered third completed, lease fees incurred and Services performed before the effective date party property. of termination, plus expenses reasonably incurred by Seller in connection with the termination. The amount due for Services shall be determined in accordance 9. Insurance During the term of the Contract, with the milestone schedule (for completed milestones) and rates set forth in the Seller shall maintain for its protection the following insurance coverage: (i) Contract (for work toward milestones not yet achieved and where there is no Worker's Compensation, Employer's Liability and other statutory insurance milestone schedule), as applicable or, where there are no milestones and/or rates required by law with respect to work related injuries or disease of employees of in the Contract, at Seller's then-current standard time and material rates. All work Seller in such form(s) and amount(s) as required by applicable laws; (ii) in progress shall be paid for at Seller's standard time and material rates. In Automobile Liability insurance with a combined single limit of $2,500,000.00; and addition, Buyer shall pay Seller a cancellation charge equal to 80% of the Contract (iii) Commercial General Liability or Public Liability insurance for bodily injury and Price applicable to uncompleted made-to-order Products and/or Services and property damage with a combined single limit of $2,500,000.00. If required in the 15% of the Contract Price applicable to all other uncompleted Products and/or Contract, Seller shall provide a certificate of insurance reflecting such coverage. Services. 11.5 Either Buyer or Seller may terminate the Contract (or the portion affected) upon twenty (20) days advance notice if there is an excusable event (as described 10. Schedule and Excusable Events in Article 10) lasting longer than one hundred and twenty (120) days. In such 10.1 Any durations or periods of time quoted on the schedule or otherwise case, Buyer shall pay to Seller amounts payable under Section 11.4, excluding the agreed for performance, delivery and/or completion of the Services or delivery of cancellation charge for uncompleted Products and/or Services. Products 11.6 Buyer shall pay all reasonable expenses incurred by Seller in connection with shall be regarded as estimated only. In addition, delivery times are dependent a suspension, including, but not limited to, expenses for repossession, fee upon prompt receipt by Seller of all information necessary to proceed with the collection, demobilization/remobilization, and costs of storage during suspension. work without interruption. In the event Seller agrees in writing to guaranteed The schedule for Seller's obligations shall be extended for a period of time performance, delivery and/or completion times and specific sums as liquidated reasonably necessary to overcome the effects of any suspension. damages for late performance, delivery or completion, any such liability for damages shall only commence when the period of delay exceeds the guaranteed date or time by 14 (fourteen) calendar days and liquidated damages may be applied and be levied only from that 14th day onwards.
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12. Compliance with Laws, Codes and Standards and Seller shall be entitled to an equitable adjustment of the price and schedule 12.1 Seller shall comply with laws applicable to the manufacture of Products and to compensate for any increase in Seller's cost of, or time required for, its performance of Services. Buyer shall comply with laws applicable to the performance of any part of the work. Buyer shall properly store, transport and application, operation, use and disposal of the Products and Services. dispose of all Hazardous Materials introduced, produced or generated in the course of Seller's work at the Site. 12.2 Seller's obligations are conditioned upon Buyer's compliance with all U.S., 13.9 Buyer shall indemnify Seller for any and all claims, damages, losses, and EU and other applicable trade control laws and regulations. Buyer shall not trans- expenses arising out of or relating to any Hazardous Materials which are or ship, re-export, divert or direct or otherwise make or allow any disposition of were.(i) present in or about Buyer's equipment or the Site prior to the Products other than in and to the ultimate country of destination declared by commencement of Seller's work, (ii) improperly handled or disposed of by Buyer Buyer and specified as the country of ultimate destination on Seller's invoice. or Buyer's employees, agents, contractors or subcontractors, or (iii) brought, Buyer hereby certifies that the equipment, materials, services, technical data, generated, produced or released on Site by parties other than Seller. software or other information or assistance furnished by Seller under this Contract will not be used in the design, development, production, stockpiling or use of chemical, biological, or nuclear weapons either by Buyer or by any entity 14. Changes acting on Buyer's behalf. 14.1 Each party may at any time propose changes in the schedule or scope of 12.3 Notwithstanding any other provision, Buyer shall timely obtain, effectuate Products and/or Services. Seller is not obligated to proceed with any change until and maintain in force any required permit, license, exemption, filing, registration both parties agree upon such change in writing. The written change and other authorization, including, but not limited to, building and environmental documentation will describe the changes in scope and schedule, and the resulting permits, import licenses, environmental impact assessments, and foreign changes in price and other provisions, as agreed. exchange authorizations, required for the lawful performance of Services at the 14.2 The scope, Contract Price, schedule, and other provisions will be equitably Site or fulfillment of Buyer's obligations, except that Seller shall obtain any license adjusted to reflect additional costs or obligations incurred by Seller resulting from or registration necessary for Seller to generally conduct business and visas or a change, after Seller's proposal date, in Buyer's Site-specific requirements or work permits, if any, necessary for Seller's personnel. Buyer shall provide procedures, or in industry specifications, codes, standards, applicable laws or reasonable assistance to Seller in obtaining such visas and work permits. regulations. Unless otherwise agreed by the parties, pricing for additional work arising from such changes shall be at Seller's time and material rates. 13. Environmental, Health and Safety Matters 14.3 It shall be acceptable and not considered a change if Seller delivers a 13.1 Buyer shall maintain safe working conditions at the Site, including, without Product that bears a different, superseding or new part or version number limitation, implementing appropriate procedures regarding Hazardous Materials, compared to the part or version number listed in the Contract. confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock-out/tag-out 15. Limitations of Liability ("LOTO") procedures including physical LOTO or a mutually agreed upon 15.1 To the maximum extent permitted by applicable law, the total liability of alternative method. Seller for all claims arising from or related to the formation, performance or 13.2 Buyer shall timely advise Seller in writing of all applicable Site-specific breach of this Contract, or provision of any Products and/or Services, shall not health, safety, security and environmental requirements and procedures. exceed the (i) Contract Price, or (ii) if Buyer places multiple order(s) under the Without limiting Buyer's responsibilities under Article 13, Seller has the right but Contract, the price of each particular order for all claims arising from or related to not the obligation to, from time to time, review and inspect applicable health, that order and ten thousand USD (US $10,000) for all claims not part of any safety, security and environmental documentation, procedures and conditions at particular order. the Site. 15.2 Seller shall not be liable for loss of profit or revenues, loss of use of 13.3 If, in Seller's reasonable opinion, the health, safety, or security of personnel equipment or systems, interruption of business, cost of replacement power, cost or the Site is, or is apt to be, imperiled by security risks, terrorist acts or threats, of capital, downtime costs, increased operating costs, any special, consequential, the presence of or threat of exposure to Hazardous Materials, or unsafe working incidental, indirect, or punitive damages, or claims of Buyer's customers for any conditions, Seller may, in addition to other rights or remedies available to it, of the foregoing types of damages, or for any cost, loss or liability Buyer may evacuate some or all of its personnel from Site, suspend performance of all or any suffer under any agreement by which it sells or transmits electricity to its part of the Contract, and/or remotely perform or supervise work. Any such customer(s) or third parties. occurrence shall be considered an excusable event. Buyer shall reasonably assist 15.3 All Seller liability shall end upon expiration of the applicable warranty in any such evacuation. period, provided that Buyer may continue to enforce a claim for which it has 13.4 Operation of Buyer's equipment is the responsibility of Buyer. Buyer shall given notice prior to that date by commencing an action or arbitration, as not require or permit Seller's personnel to operate Buyer's equipment at Site. applicable under this Contract, before expiration of any statute of limitations or 13.5 Buyer will make its Site medical facilities and resources available to Seller other legal time limitation but in no event later than one year after expiration of personnel who need medical attention. such warranty period. 13.6 Seller has no responsibility or liability for the pre-existing condition of 15.4 Seller shall not be liable for advice or assistance that is not required for the Buyer's equipment or the Site. Prior to Seller starting any work at Site, Buyer will work scope under this Contract. provide documentation that identifies the presence and condition of any 15.5 Buyer will not supply Products and/or Services to any third party, or use Hazardous Materials existing in or about Buyer's equipment or the Site that Seller Products and/or Services other than at the Site owned by Buyer. In case of may encounter while performing under this Contract. Buyer shall disclose to noncompliance, Buyer shall (i) indemnify and defend Seller from and against any Seller industrial hygiene and environmental monitoring data regarding conditions and all claims by, and liability to, any third party to whom Products and/or that may affect Seller's work or personnel at the Site. Buyer shall keep Seller Services are supplied, and (ii) require that the third party agree, for the benefit of informed of changes in any such conditions. and enforceable by Seller, to be bound by the provisions of Article 7 and all the 13.7 Seller shall notify Buyer if Seller becomes aware of: (i) conditions at the Site limitations included in this Article 15. differing materially from those disclosed by Buyer, or (ii) previously unknown 15.6 For purposes of this Article 15, the term "Seller" means Seller, its affiliates, physical conditions at Site differing materially from those ordinarily encountered subcontractors and suppliers of any tier, and their respective employees. The and generally recognized as inherent in work of the character provided for in the limitations in this Article 15 shall apply regardless of whether a claim is based in Contract. If any such conditions cause an increase in Seller's cost of, or the time contract, negligence, statute, indemnity, tortious/extra-contractual liability required for, performance of any part of the work under the Contract, an theory, strict liability or otherwise.16. Governing Law and Dispute Resolution equitable adjustment in price and schedule shall be made. 13.8 If Seller encounters Hazardous Materials in Buyer's equipment or at the Site that require special handling or disposal, Seller is not obligated to continue work affected by the hazardous conditions. In such an event, Buyer shall eliminate the hazardous conditions in accordance with applicable laws and regulations so that Seller's work under the Contract may safely proceed,
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16. Governing Law and Dispute Resolution 19. General Clauses 16.1 This Contract shall be governed by and construed in accordance with the 19.1 Products and Services sold by Seller are not intended, in whole or in part, for laws of (i) the State of New York if Buyer's place of business is in the U.S. or (ii) application (and will not be used) in connection with or nearby any nuclear England and Wales, if the Buyer's place of business is outside the U.S., in either facility or activity, and Buyer warrants that it shall not use or permit others to use case without giving effect to any choice of law rules that would cause the Products and/or Services for any such purposes, without the advance written application of laws of any other jurisdiction (the "Governing Law"). consent of Seller. 16.2 All disputes and, to the maximum extent permitted by applicable law, all 19.2 Seller may assign or novate its rights and obligations under the Contract, in noncontractual obligations arising in any way whatsoever out of or in connection whole or in part, to any of its affiliates or may assign any of its accounts with this Contract arising in connection with this Contract, including any question receivable under this Contract to any party without Buyer's consent. Buyer agrees regarding its existence or validity, shall be resolved in accordance with this Article to execute any documents that may be necessary to complete Seller's assignment 16. If a dispute is not resolved by negotiations, either party may, by giving written or novation. Seller may subcontract portions of the work, so long as Seller notice, refer the dispute to a meeting of appropriate higher management, to be remains responsible for it. The delegation or assignment by Buyer of any or all of held within twenty (20) business days after the giving of notice. If the dispute is its rights or obligations under the Contract without Seller's prior written consent not resolved within thirty (30) business days after the giving of notice, or such (which consent shall not be unreasonably withheld) shall be void. later date as may be mutually agreed, either party may commence arbitration or 19.3 Buyer shall notify Seller immediately upon any change in ownership of more court proceedings, depending upon the location of the Buyer, in accordance with than fifty percent (50%) of Buyer's voting rights or of any controlling interest in one of the following: (a) if the Buyer's pertinent place of business is in the U.S., Buyer. If Buyer fails to do so or Seller objects to the change, Seller may (a) legal action shall be commenced in federal court with jurisdiction applicable to, terminate the Contract, (b) require Buyer to provide adequate assurance of or state court located in, either New York, New York (and Buyer hereby consents performance (including but not limited to payment), and/or (c) put in place to be subject to such New York federal and state jurisdiction) or the location of special controls regarding Seller's Confidential Information. Buyer's principal place of business; or (b) if the Buyer's pertinent place of 19.4 If any Contract provision is found to be void or unenforceable, the business is outside the U.S., the dispute shall remainder of the Contract shall not be affected. The parties will endeavor to be submitted to and finally resolved under the Rules of Arbitration of the replace any such void or unenforceable provision with a new provision that International Chamber of Commerce by one or more arbitrators appointed in achieves substantially the same practical and economic effect and is valid and accordance with the said Rules (the "Rules"). The seat of arbitration shall be in enforceable. London, England. The arbitration shall be conducted in English. The decision of 19.5 The following Articles shall survive termination or cancellation of the the arbitrators shall be final and binding upon the parties. Contract: 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 18, 19 and 20. 16.3 Notwithstanding the foregoing, each party shall have the right at any time, 19.6 The Contract represents the entire agreement between the parties. No oral the Buyer's pertinent place of business is outside the U.S., the dispute shall or written representation or warranty not contained in this Contract shall be be submitted to and finally resolved under the Rules of Arbitration of the binding on either party. Buyer's and Seller's rights, remedies and obligations International Chamber of Commerce by one or more arbitrators appointed in arising from or related to Products and/or Services sold under this Contract are accordance with the said Rules (the "Rules"). The seat of arbitration shall be in limited to the rights, remedies and obligations stated in this Contract. No London, England. The arbitration shall be conducted in English. The decision of modification, amendment, rescission or waiver shall be binding on either party the arbitrators shall be final and binding upon the parties. unless agreed in writing. 16.3 Notwithstanding the foregoing, each party shall have the right at any time, 19.7 Except as provided in Article 15 (Limitations of Liability), this Contract is only at its option and where legally available, to commence an action or proceeding in for the benefit of the parties and not for any third parties. a court of competent jurisdiction, subject to the terms of this Contract, to seek a 19.8 This Contract may be signed in multiple counterparts that together shall restraining order, injunction, or similar order (but not monetary damages), or to constitute one agreement. seek interim or conservatory measures. 20. U.S. Government Contracts
20.1 This Article 20 applies only if the Contract is for the direct or indirect sale to 17. Inspection and Factory Tests any agency of the U.S. government and/or is funded in whole or in part by any Seller will apply its normal quality control procedures in manufacturing Products. agency of the U.S. government. Seller shall attempt to accommodate requests by Buyer to witness Seller's factory 20.2 Buyer agrees that all Products and/or Services provided by Seller meet the tests of Products, subject to appropriate access restrictions, if such witnessing definition of "commercial-off-the-shelf" ("COTS") or "commercial item" as those can be arranged without delaying the work. terms are defined in Federal Acquisition Regulation ("FAR") 2.101. To the extent the Buy American Act, Trade Agreements Act, or other domestic preference 18. Software, Leased Equipment, Remote Diagnostic Services, PCB Services requirements are applicable to this Contract, the country of origin of Products is unknown unless otherwise specifically stated by Seller in this Contract. Buyer If Seller provides any software to Buyer, the Software License Addendum shall agrees any Services offered by Seller are exempt from the Service Contract Act of apply. If Seller leases any of Seller's equipment or provides related Services to 1965 (FAR 52.222-41). Buyer represents and agrees that this Contract is not Buyer, including placing Seller's equipment at Buyer's site to provide remote funded in whole or in part by American Recovery Reinvestment Act funds unless Services, the Lease Addendum shall apply. If Seller provides remote diagnostic otherwise specifically stated in the Contract. The version of any applicable FAR services to Buyer, the Remote Diagnostic Services Addendum shall apply. If Seller clause listed in this Article 20 shall be the one in effect on the effective date of provides PCB Services to Buyer, the PCB Services Addendum shall apply. If there is this Contract.20.3 If Buyer is an agency of the U.S. Government, then as any conflict between these Products and/or Services Terms and Conditions" and permitted by FAR 12.302, Buyer agrees that all paragraphs of FAR 52.212-4 the (except those listed in 12.302(b)) are replaced with these Terms and Conditions. terms of any addendum incorporated pursuant to this Article 18, the terms of the Buyer further agrees the subparagraphs of FAR 52.212-5 apply only to the extent addendum shall take precedence with respect to the applicable scope. applicable for sale of COTS and/or commercial items and as appropriate for the Contract Price. 20.4 If Buyer is procuring the Products and/or Services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Buyer agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Contract Price.
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CITY OF HOLLAND GE Proprietary Information page 15 of 15 Proposal No: 1535317 Rev. 3
Page 96 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN
To: BPW Board of Directors Date: 2020-12-07 Subject: Bill-of-Sale and Utility Easement at Park Vista Place
Utility Services Department
Introduction:
The developer of the Park Vista Place condominiums (Lakeshore Habitat for Humanity, Inc.) constructed public utilities to serve condominium units. Those utilities were placed in a public utility easement.
Recommendation:
Accept a bill-of-sale for underground utilities with Maplewood Village Development, LLC for the sum of less than $1, pending approval as to form from the City Attorney.
Description:
Lakeshore Habitat for Humanity, Inc. constructed the Park Vista Place Condominiums near 60 E. 40th Street. This development is complete with new public utilities having passed acceptance testing and new customers being served by those utilities. The easement is as depicted on the approved construction plans and was granted in the recorded master deed of the development. The master deed has been included for reference.
Respectfully submitted,
David G. Koster General Manager
Strategic Directive: 4. HBPW will provide reliable utility services to the customers it serves.
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Attachments: 2020-12-07 Park Vista Place Bill of Sale 2020-12-07 Park Vista Place Easement Map
Report prepared by: Mark Gipson, P.E. W/WW Services Engineer
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Rm©ooa Z25 35:0. 00:33 ?moEmmE >93 5 $6 095? omOnmém.H<:oEm.nE 3%ooBBwmmmo=33% Page 105 of 232 Public Comments Received Holland Board of Public Works Regular Meeting December 7, 2020 [email protected] All comments address the topic of climate change ______ ______ ______ Page 106 of 232 December 7, 2020 Page 2 ______ ______ ______ ______ Page 107 of 232 Memo Holland Board of Public Works To: HBPW Board of Directors From: Andrew Reynolds, Planning Engineer CC: Dave Koster, General Manager; Project File Date: December 7, 2020 Re: Elevated Tank Painting and Repairs Project Closeout The Elevated Tank Painting and Repairs project is complete. This project included minor repairs and routine preventative maintenance at three of the water distribution storage tanks: painting and overflow pipe modifications at Waverly tank; exterior cleaning at M-40 tank; and exterior cleaning and interior welding repairs and safety enhancements at 48th Street tank. The work on the Waverly and M-40 tanks was completed in the fall of 2019; and the work at 48th Street that was originally planned for spring 2020, was delayed to fall of 2020 due to COVID-19 construction restrictions in the spring and high water demands in the summer. The 48th Street work was complete as of November 9 for final completion of the contract There were no change orders issued on this project. The final project cost of $188,950.00, is 35% under the combined approved budget amount of $290,000.00. The table below summarizes the total project costs. (Fedewa) Total (Dixon) Engineering (+/-) Construction Total Project Costs Budget Amount Budget Amount $290,000.00 $155,600.00 $33,350.00 $188,950.00 -35% Page 108 of 232 Memo Holland Board of Public Works To: HBPW Board of Directors CC: Dave Koster, General Manager From: Mark Volkers, Information Technology Manager Date: November 30, 2020 Re: Server Infrastructure Project Closeout The Server Infrastructure Project has been completed. The primary focus of this project was to replace and enhance the Server Infrastructure that is used for the SCADA applications at both the Water Reclamation Facility and the Water Treatment Facility. This was done to address some capacity issues for the Hyper-V platform that we utilize at both plants and to upgrade and improve the redundancy and version elements of the SCADA system. The hardware upgrades increased compute resources for each plants server infrastructure by 25% in Processing units and 50% in Memory. We also were able to address some overall BPW capacity issues and increase our compute resources in the server infrastructure by almost 80%. The project initially started in October of 2019 with the purchases of the hardware and software licensing. The implementation of the design was hampered by the Covid-19 restrictions on both personnel and on site availability. This continued to be a challenge for the team. The initial budget for this project was $227,648. The final spend was just under budget at $225,527. I would like to thank the team (Jim Blomgren, Brian Coles, and George Miller) for all the hard work to get this implemented. The full breakdown of cost is represented below. Description Initial Quote/Budget Actual Cost DataCenter 2019 Licensing $99,360 $97,332 Dell Servers – Qty 11 instead of 6 $26,574 $35,318 NetApp Storage Devices $43,715 $35,989 Network Hardware – 10GB $58,000 $56,888 Total Project Cost $227,649 $225,527 Page 109 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN To: BPW Board of Directors Date: 2020-12-07 Subject: Engineering Services Contract for WRF Raw Sewage Pumps Replacement Operations Department Introduction: This recommendation is to issue an Engineering Services Contract to Fishbeck for design, bid, and construction phase engineering services for the Water Reclamation Facility (WRF) Raw Sewage Pumps Replacement project. Recommendation: Approve an Engineering Services Contract with Fishbeck for a not to exceed amount of $126,600 and a contingency of $13,000, pending approval as to form from the City Attorney. Description: The WRF’s four raw sewage pumps, and associated piping and valves, range in age from 20-60 years old and are approaching the end of their useful life. The pumps have been identified for replacement by plant staff based on their age combined with their essential need in a critical plant process. The project also includes modifications needed to resolve inefficient operation of the pumps during low flow conditions. The project team requested proposals from three qualified local engineering firms for engineering services for the project’s design, bid, and construction phases. The table summarizes the proposals that were received and reviewed by BPW staff. Page 1 of 2 Page 110 of 232 Meets Previous Engineering Firm Business Location Proposal Price Requirements Contracts Fishbeck Grand Rapids, MI $126,600.00 Yes Yes Moore & Bruggink Grand Rapids, MI $152,750.00 Yes Yes Donohue & Associates Grand Rapids, MI $138,230.00 Yes Yes BPW staff recommends awarding the engineering services contract to Fishbeck for design, bid and construction phase services for a total contract amount of $126,600. The requested contract amount is within the estimated engineering costs for the project. Respectfully submitted, David G. Koster General Manager Strategic Directive: 4. HBPW will provide reliable utility services to the customers it serves. Attachments: 2020-12-07 Fishbeck Raw Sewage Pumps Proposal 2020-12-07 WRF Raw Sewage Pumps Replacement Justification Form Report prepared by: Jane Monroe, Planning Engineering Manager Page 2 of 2 Page 111 of 232 PROPSAL FOR: HOLLAND BOARD OF PUBLIC WORKS RAW SEWAGE PUMPS REPLACEMENT OCTOBER 14, 2020 Page 112 of 232 October 14, 2020 Ms. Jane Monroe Planning Engineering Manager Holland Board of Public Works Holland Area Water Reclamation Facility 625 Hastings Avenue Holland, MI 49423 Proposal for Professional Services Holland Area Water Reclamation Facility (WRF) Raw Sewage Pump Replacement Dear Ms. Monroe: Fishbeck is pleased to present our proposal for engineering services associated with the replacement of four raw sewage pumps, associated piping and valves, and the control panel; programming and SCADA integration; and ventilation upgrades for the raw pump building at the Holland Board of Public Works (BPW) WRF. Replacing the existing pumping system will greatly improve pump efficiencies, reduce energy costs, and provide a greater level of reliability for the influent pumping system. Fishbeck is excited for the opportunity to work with the BPW on this important project. Fishbeck’s experience working with the BPW, including on previous work within the Raw Pump Building, along with our preliminary investigation into the replacement of the existing raw sewage pumps, provides a thorough understanding of the project requirements. Past project histories for similar projects are included in our proposal. The Lansing Frances Park Pump Station is a comparable project in which Fishbeck provided design, biding, and construction engineering services for the replacement of wet weather high flow pumps and dry weather low flow pumps to increase pump station reliability and flexibility across a wide range of flow conditions. Our relevant project history gives Fishbeck a good understanding of the design consideration and level of coordination with BPW staff that will be required to complete this project successfully. Mr. Josh Redner, PE, Fishbeck’s designated project manager for this project, will be the BPW’s main contact, attend all meetings, and handle regular communications with the Board in all matters pertaining to the work. Sincerely, Joshua W. Redner John A. Willemin Senior Wastewater Engineer Senior Vice President / Principal Attachments By email Page 113 of 232 TABLE OF CONTENTS 01 FIRM PROFILE AND EXPERIENCE 02 SCOPE OF SERVICES/PROJECT APPROACH 03 PROFESSIONAL STAFF AND SUBCONSULTANTS 04 SCHEDULE 05 PROPOSED FEE AND HOURLY RATE SHEET Page 114 of 232 01 FIRM PROFILE AND EXPERIENCE Page 115 of 232 WASTEWATER TREATMENT Fishbeck’s process designers along with our in-house team of structural/ architectural, mechanical, and electrical engineers provide economical solutions to the complex issues for your wastewater project. TREATMENT AND EXPANSION STUDIES MASTER PLANNING PILOT TESTING PROCESS DESIGN • Screening and Grit Removal • Sedimentation Tanks and Clarifiers • Biological Processes • Media and Membrane Filters • Disinfection — Chlorination and UV • Residual Treatment and Dewatering • Chemical Storage and Feed Systems • Wastewater and Sludge Pumping • Instrumentation and SCADA Systems INTEGRATED CONSTRUCTION SERVICES NUTRIENT ANALYSIS AND CONTROL EVALUATIONS DISCHARGE PERMITTING INDUSTRIAL PRETREATMENT PROGRAM ASSISTANCE OPERATION ASSISTANCE 800.456.3824 fishbeck.com Page 116 of 232 WASTEWATER COLLECTION Our wastewater collection system design considers the size of a community, if any commercial and/or industrial clients will use the system, and wet weather flow characteristics. For both new and existing wastewater collection systems, Fishbeck has the experience to meet your project’s needs. • Flow Monitoring • Collection System Modeling • Capacity Assessment • Master Planning • New System Design • Pump Stations • Regulatory Compliance Assessment • Sanitary Sewer Overflow Control • Sanitary Sewer Rehabilitation • Permitting • CSO Control 800.456.3824 fishbeck.com Page 117 of 232 FRANCES PARK PUMP STATION CITY OF LANSING, MICHIGAN PROJECT DATA The Frances Park Pump Station sits adjacent to the Grand River, and the station is a Completion Date: December 2016 cast-in-place structure with a dual-chamber wet well and five existing pumps, three wet Construction Cost: $3.9 million weather pumps, and two dry weather pumps. The station discharges to the upstream end of the west side interceptor through a 24-inch-diameter force main. REFERENCE Alec Malvetis, PE Three existing wet weather pumps, installed in 1983, were replaced with larger, dry pit City Engineer submersible pumps to increase station capacity. The existing motors on the upper level 517.483.4459 and the drive shaft through the intermediate and lower levels were removed. Three new dry pit submersible pumps with attached motors were installed in the lower level. VFDs were provided for all three pumps for added flexibility. At a desired firm capacity of 16 MGD, total dynamic head is approximately 170 feet. The three wet weather pump motors are 385 HP each, the total connected load on MCC-A was increased to 831-KVA, and MCC-B was increased to 472-KVA. The estimated peak operating load on either MCC was increased to 790-KVA (950 amps at 480 volts, 3-phase), based on operation of two wet weather pumps. Existing 750- KVA pad-mounted transformers; 600-amp incoming conductors; 600-amp, 3-phase automatic transfer switchgear; 600-amp motor control center feeder conductors; and both 600-amp motor control centers were not rated for the revised peak operating load and were replaced. An existing flow meter was also replaced. The two dry weather pumps were replaced including adding new VFDs. Keeping the existing pump station in operation throughout construction was challenging. A phased construction approach was required where portions of the existing electrical equipment were disconnected and removed to accommodate new equipment installation. A new bypass pumping manhole was installed to allow temporary bypass of flow during completion of the wet well and electrical equipment improvements. Page 118 of 232 SOUTHEAST LIFT STATION IMPROVEMENTS CITY OF FAIRBORN, OHIO INTEGRATED SERVICES The Southeast Lift Station (SELS) improvements included a capacity increase and an Process Design overall upgrade to the lift station facilities. The SELS and force main were constructed Facilities Design in the mid-1970s, with a capacity of 3.35 MGD. The future wet weather flow, and design Estimating capacity for the SELS is 6.1 MGD. Cost Management In 2015, Fishbeck prepared a preliminary engineering report to document the study Regulatory Compliance of the lift station components and make recommendations for improvements. The PROJECT DATA improvements being evaluated included new pumps, piping, controls, material Design Completion Date: September handling improvements, odor control chemical (bioxide) storage/feed pumps 2016 improvement, electrical improvements, new standby power generator, force main Design Fee: $156,000 condition assessment, and miscellaneous building improvements. Construction Start: January 2017 Detailed design was completed upon the City’s acceptance of the preliminary Completion Date: February 2018 engineering report. Regulatory support services followed design completion and Engineering Estimate: $2,500,000 included submittal of the 100% complete drawings and project manual to the OEPA, Bid Amount: $1,717,000 Fairborn Building Inspection, and ODNR in 2016. REFERENCE Bidding phase, construction administration, and inspection (resident project Marcus Lehotay representation) services were provided through the end of construction and Utilities Superintendent acceptance of the completed project in 2017. Record drawings were completed and 937.754.3097 delivered to the City in 2018. Page 119 of 232 WASTEWATER TREATMENT PLANT IMPROVEMENTS CITY OF NILES, MICHIGAN PROJECT DATA At the time of this project, the City’s wastewater treatment plant was 30 years old and Design Start: April 2007 had not undergone any major renovations since its initial start-up. Fishbeck was asked Design Completion: January 2008 to prepare a master plan for the plant. The master plan identified several reliability Construction Cost: $7.5 million concerns with the WWTP’s equipment and processes. The City also had CSO permit requirements and NPDES permit requirements that needed to be updated. REFERENCE Jeffrey Dunlap The project included a program to successfully reduce the plant’s requirements 269.683.4700 for natural gas and electric use. Fishbeck developed a 20-year, $19-million capital improvements program for the plant; assisted the City with funding, planning, design, and construction services; and helped obtain grants for planning and design. Fishbeck helped the City secure a low-interest loan through the State Revolving Fund and a 41% loan forgiveness for the $7.6-million facility improvements. In addition, Fishbeck prepared the supporting documentation for the City’s CSO program update, including system modeling that demonstrated the system met or exceeded the requirements of the original CSO program. The City’s WWTP was originally designed to treat an average day flow of 5.8 MGD and a peak sustained flow of 11 MGD, but had experienced daily flows of 9 to 15 MGD because of combined sewers in the collection system and peak wet weather flow up to 100 MGD. Fishbeck acted as Construction Manager at-risk for this project, which replaced the headworks mechanical bar screen, raw sewage pumps, and raw sewage piping; upgraded the sludge handling, adding screw presses to dewater the plant solids for landfill; and improved the disinfection system. All construction improvements were installed within existing buildings and tanks. Page 120 of 232 02 SCOPE OF SERVICES / PROJECT APPROACH Page 121 of 232 FISHBECK | SCOPE OF SERVICES/PROJECT APPROACH SCOPE OF SERVICES/PROJECT APPROACH PROJECT UNDERSTANDING The Holland Board of Public Works is seeking to make improvements to the Raw Pump Building, including replacing four raw sewage pumps, associated piping and valves, control panel, related electrical equipment and variable frequency drives (VFDs), and the heating and ventilation systems. These changes will also necessitate programming and SCADA integration. The four existing pumps in the Raw Pump Building are each able to direct approximately 4,200 gallons per minute (gpm) of raw influent from the Southern Service Area (SSA) collection system into the Water Reclamation Facility (WRF). The existing pumps are approaching the end of their useful life and, even with the use of newer VFDs, are unable to maintain a consistent level in the wet well, especially during diurnal low flows. An actuated valve is used to recirculate a portion of the pumped flow back into the wet well. While this function helps limit pump cycling, it also decreases the overall pumping efficiency. To help address the variability in flow, the BPW would like to replace the four existing pumps with four new Flygt N-Series dry pit submersible pumps. The BPW would like to maintain the 18-million-gallons-per-day (MGD) rated capacity of the station, but may consider accepting a slightly reduced capacity if improved pumping efficiencies can be demonstrated with the change. The new pumps may have different capacities from each other to accommodate a wider range of flow capabilities. Replacing the pumps will necessitate piping and valve modifications. Discharge piping and valves will need to be replaced to adapt the new pumps to the existing discharge header piping. The existing suction valves are in questionable condition and their replacement should also be evaluated during design. An existing bypass pump rated for approximately 10 MGD can allow the pump station to be bypassed, which could facilitate the suction side valve replacement. While the existing VFDs are relatively new when compared to the pumps, their replacement is likely to be required with pump replacements due to the changing power requirements of the new pumps. If reuse of the existing VFDs were possible, it may still be prudent to replace all VFDs during this project. Fishbeck understands the BPW prefers and has standardized on Mitsubishi VFDs. Based on the likely changes in the sizes of the motors for the proposed pumps, modifications to the existing motor control center (MCC) and conductors may be required. Fishbeck understands the BPW would like to replace the existing outdated programable logic controller (PLC) in Control Panel CP801 with an Allen Bradley ControlLogix PLC. A new control panel will be provided in a new location. The new PLC will be compatible with the existing plant SCADA system and overall control system network. Fishbeck understands the existing wet well level sensor may need to be replaced during construction and that a level sensor readout will be required in the new control panel. In addition, a large junction box in the pump station basement is rusting and should be replaced or eliminated if all associated conduits can be replaced/relocated. Fishbeck understands improvements will be required to the existing heating and ventilation systems in the pump station. The BPW has historically assumed that the existing exhaust fan provides sufficient ventilation to declassify the pump station drywell. Without the required ventilation (from supply and exhaust system), this space would be classified by the National Fire Protection Association 820, Standard for Fire Protection in Wastewater Treatment and Collection Facilities (NFPA 820) as a Class I, Division 2 Hazardous Location. Additionally, Fishbeck understands that the two existing unit heaters are adequately sized to heat the pump station, but have asbestos insulation and should be replaced. Page 122 of 232 FISHBECK | SCOPE OF SERVICES/PROJECT APPROACH PROJECT APPROACH DESIGN PHASE SERVICES PRELIMINARY DESIGN Fishbeck believes in a collaborative approach to design. We want to find the right solution to the specific challenges the BPW faces on this project. While the pump replacement is straightforward, there are many approaches that could be taken. For example, there may be a benefit to replacing the four existing pumps with one low flow pump and three high flow pumps. It may also be beneficial to replace the four existing pumps with two low flow pumps and two high flow pumps. Fishbeck will work with the BPW and conduct hydraulic, efficiency, and economic (cost) evaluations to compare the various alternatives for improvements to the pump station. During our project kickoff meeting, Fishbeck and BPW staff will identify and define project goals and verify the project scope. During this meeting, Fishbeck will work with the BPW to develop the project schedule and confirm the project work plan. Prior to the meeting, Fishbeck will request and review influent flow data so we are prepared to discuss potential pumping arrangements that can meet the project objectives. Based on the discussion at the project kickoff meeting, Fishbeck will develop and evaluate the identified pumping improvement options. Fishbeck will also evaluate the necessary electrical improvements associated with the pumping improvement options. We will review the viable improvement alternatives with BPW staff to confirm the preferred option. Preliminary design findings will be summarized in a Preliminary Engineering Report. A draft version of this report will be provided to the BPW staff for review and comment. Revisions will be made to the report as necessary and a final version will be issued before continuing with the final design. FINAL DESIGN During final design, Fishbeck will develop process and instrumentation diagrams (P&IDs). The P&IDs will be reviewed with BPW staff and used as the basis for moving forward with detailed design. Fishbeck will provide the BPW with review documents at different stages during the final design phase. We will submit documents to the BPW staff for formal review and comment at the 30%, 60%, 90%, and final completion levels. Comments on the final documents will be incorporated into the bidding documents. Generally, Fishbeck is able to begin the Part 41 permit review process with EGLE using the 90% design documents. Fishbeck will work with EGLE and BPW staff to determine the appropriate set of documents to submit to obtain the necessary permits in a timely manner. DELIVERABLES: PROJECT KICKOFF MEETING MINUTES, DRAFT AND FINAL PRELIMINARY ENGINEERING REPORT, DRAFT P&IDS, 30% DESIGN DOCUMENTS, 60% DESIGN DOCUMENTS, 90% DESIGN DOCUMENTS, FINAL DESIGN DOCUMENTS, BIDDING DOCUMENTS, PART 41 CONSTRUCTION PERMIT. BID PHASE SERVICES Fishbeck will work with BPW staff to determine the desired method for advertising the project for bidding and will issue the bidding documents. Fishbeck will conduct a prebid meeting, prepare and distribute prebid meeting minutes. We will provide responses to bidder inquires and prepare and distribute addenda as necessary to address bidding questions or modifications to the bid documents during the bid phase. Fishbeck will evaluate bids, participate in an interview of the apparent low bidder, and (if necessary) with the apparent second low bidder to provide a thorough review of the contractor bids. Fishbeck will then provide a letter to the BPW project team with our findings regarding bid completeness/responsiveness, bidder capabilities, and contract award. DELIVERABLES: PRE-BID MEETING AGENDA AND MINUTES, ADDENDA, BID EVALUATION LETTER. Page 123 of 232 FISHBECK | SCOPE OF SERVICES/PROJECT APPROACH CONSTRUCTION PHASE SERVICES Fishbeck will work with the BPW and the successful contractor on the implementation/construction of the pump station improvements. During the construction phase, Fishbeck will assist the BPW with construction administration, including contract execution, change order issuance, progress payments, and eventual project close out. We will work with the successful contractor to set up and manage a project FTP site for access to project design and construction documents. A preconstruction meeting will be held with the successful construction team, the BPW, and Fishbeck to review the proposed construction schedule, confirm the scope of construction, and address any known construction related concerns. The contractor will provide Fishbeck with submittals, which we will review for conformance with the design documents. Fishbeck will work with the contractor to address any construction concerns and address contractor generated requests for information (RFIs) in a timely manner. The contractor will host monthly progress meetings to discuss construction progress, challenges encountered, and projected upcoming work. Fishbeck will attend these meetings; minutes will be generated by the contractor. During construction, Fishbeck anticipates that part-time construction observation will be required to verify that the work is being completed in accordance with the contract documents. Our design staff will stay involved throughout construction, including in addressing RFIs and reviewing submittals. At times during construction, it may be beneficial or necessary for members of the design team to visit the site. In general, a designated Fishbeck staff person will perform construction observation services. Project visitation reports will be submitted for review by the BPW Project Representative. Once the contractor believes the project has achieved Substantial Completion, Fishbeck engineers will review the work for completeness, along with the contractor and BPW Project Representative. A substantial completion punch list will be developed by Fishbeck and BPW staff. Fishbeck will work with the contractor and BPW Project Representative to review and update the punch list as work is completed (finalized). Once Fishbeck has confirmed that noted deficiencies have been addressed, project closeout activities will commence. Fishbeck will prepare project record drawings for the project (often called as-builts) based on redline mark-ups from the contractor in conformance with BPW standards after all construction activities have been completed. Closeout documents will include equipment operation and maintenance manuals along with equipment commissioning and testing documentation. Closeout documentation will be provided for BPW review and approval within eight weeks of Substantial Completion. Upon BPW approval, electronic copies of the record drawings will be provided in PDF and AutoCAD 2018 compatible formats . DELIVERABLES: PRECONSTRUCTION MEETING AGENDA AND MINUTES, ACCESS TO ALL SUBMITTALS, CONSTRUCTION INSPECTION AND PROJECT VISITATION REPORTS, PUNCH LIST, RECORD DRAWINGS, AND PROJECT CLOSEOUT DOCUMENTATION. SCOPE OF SERVICES PROCESS IMPROVEMENTS Significant improvements are required at the Raw Pump Building. During the design phase, Fishbeck will work with the BPW to identify and design the preferred pump arrangements to meet the project objectives. Our design will incorporate necessary suction and discharge piping and valve replacements. The general design details will be confirmed during the preliminary design and documented in the Preliminary Engineering Report. These design details will be refined as part of the 30%, 60%, 90% and final design deliverables. HEATING AND VENTILATION IMPROVEMENTS During preliminary design, Fishbeck will confirm the existing heating and ventilation systems are appropriately sized. Our sizing evaluation will be summarized in the Preliminary Engineering Report, and appropriate replacement equipment will be incorporated into the design. We assume supply and exhaust fans will be required, along with corresponding air flow monitoring instruments. Ventilation equipment will likely need to operate continuously and provide air changes to meet NFPA 820 requirements. Page 124 of 232 FISHBECK | SCOPE OF SERVICES/PROJECT APPROACH ELECTRICAL, INSTRUMENTATION AND CONTROL IMPROVEMENTS The scope of the process and heating and ventilation improvements will largely dictate the scope of the electrical improvements. The required scope of electrical improvements for the pumps would be considered in the final pump quantity and sizing selections. The existing pumps are fed from two MCCs to meet EPA redundancy requirements. Fishbeck will evaluate if existing MCC equipment and the associated conduit and wiring are suitable for reuse or if replacement is required. Fishbeck will work with BPW staff during design to confirm standby power requirements for the proposed pump improvements. The design will take into account that existing instrumentation and controls, which are not being replaced as part of the improvements, will be reused; signal conduit and wiring will be extended to the new control panel location as required. The new control panel will include wet well level indication. Exact operator interface requirements will be determined during design. Where existing instruments and controls are replaced, existing conduit and wiring will be disconnected and removed. Fishbeck’s design will address providing power and motor controls for new unit heaters and ventilation equipment. Ventilation equipment will be configured so the pump station dry well can be unclassified. Power distribution to the ventilation equipment will need to include provisions for connecting standby power. The existing overhead junction box that is corroded and only houses power wiring for the existing exhaust fan will be disconnected and removed along with all unused conduits and wiring. New conduit and wiring will be provided for new heating and ventilation equipment. ASSUMPTIONS Fishbeck has made the following assumptions while developing our scope of services. If these assumptions are found to be inaccurate, Fishbeck will work with the BPW to determine an appropriate solution. • The BPW will provide influent flow data that will be used to evaluate the pump sizing requirements. • PLC and SCADA programming will be provided by a Systems Integrator as part of construction. Unless the City prefers an alternative arrangement, the Systems Integrator will provide their services under the construction contract, either by direct pricing to the General Contractor, or through an established allowance. Fishbeck drawings and specifications will provide the details necessary for the Systems Integrator to provide PLC and SCADA programing for the project. • Our proposal has been developed with the assumption that the Part 41 construction permit will be obtained within 90 days after submittal of the application. • Fishbeck has assumed that construction will require 180 days to achieve substantial completion from the issuance of the Notice-to-Proceed. This is based on typical equipment lead times. • Fishbeck has assumed that the project will utilize available BPW funds for engineering services and construction. • BPW staff will provide review comments for project deliverables within one week of receipt. Fishbeck is understanding if additional time is required, but this may impact the proposed project schedule. • Fishbeck has assumed 240 hours of onsite observation; which is based on being onsite for 12 weeks for an average of 20 hours per week. • The project will not require site survey or geotechnical investigations. Existing conditions (pump and pipe arrangements) will be confirmed by the design staff during the preliminary design. Page 125 of 232 03 PROFESSIONAL STAFF AND SUBCONSULTANTS Page 126 of 232 FISHBECK | PROFESSIONAL STAFF AND SUBCONSULTANTS | 1 PROJECT ORGANIZATION Fishbeck realizes the importance of assigning the right staff members to each project. The team of professionals we assemble is uniquely qualified to provide the full range of professional services necessary to successfully complete the project. The team assigned to your project will be supplemented by additional members of our technical and clerical support staff to ensure efficient project delivery. Resumes for key staff members have been included for your review. HOLLAND BOARD OF PUBLIC WORKS PROJECT MANAGER PRINCIPAL-IN-CHARGE Josh Redner, PE John Willemin, PE ELECTRICAL MECHANICAL QUALITY ASSURANCE PROCESS ENGINEERING ENGINEERING ENGINEERING AND QUALITY CONTROL Matt Stack, PE, John Willemin, PE Josh Redner, PE Bo Benson Process Engineering Sr. Wastewater Engineer LEED AP BD+C Mechanical Engineer Sr. Electrical Engineer QA/QC Matt Baker, LEED AP John Condie, PE Dave Conklin, PE Sr. Electrical Electrical Engineering Sr. Wastewater Engineer Engineering Specialist QA/QC Page 127 of 232 JOSH REDNER, PE SENIOR WATER & WASTEWATER ENGINEER Josh is a design engineer and technical consultant on municipal and industrial wastewater treatment projects. He has specific experience in the planning, design, and implementation phases for mechanical, biological, and chemical treatment systems and asset management and wastewater regulations. EXPERIENCE WATER & WASTEWATER PROCESS CITY OF LUDINGTON, MICHIGAN YEARS OF EXPERIENCE Project manager and design engineer for the design and construction of wastewater 3 years Fishbeck system pump station improvements, screening and grit removal, extended aeration 11 years total biological treatment system, biosolids storage facility, and disinfection system. EDUCATION BS in Civil and Environmental CITY OF CALEDONIA, MICHIGAN Engineering, University of Project manager and design engineer for planning and design of wastewater system Michigan improvements to the existing SBR WWTP. Assisted in design validation, funding acquisition, and improvements design. Construction to begin in fall 2020. REGISTRATIONS/ CERTIFICATIONS CITY OF HILLSDALE, MICHIGAN Professional Engineer – Michigan Project engineer for design and construction of WWTP improvements including MEMBERSHIPS influent pumping, grit removal, primary clarification, primary sludge pumping, Michigan Water Environment secondary clarification, RAS and WAS pumping, tertiary filtration, and anaerobic Association digester modifications. Water Environment Federation CITY OF GRANDVILLE, MICHIGAN AWARDS Design engineer for WWTP improvements including screening, grit removal, primary 2012 New Professional of clarifiers, aeration basins, final clarifiers, UV system improvements, and anaerobic the Year, Michigan Water digestion with a cogeneration system to capture and beneficially reuse biogas. Environment Association CITY OF CHARLOTTE, MICHIGAN 2019 Kenneth J. Miller Founders’ Design engineer for the implementation of a UV disinfection system at the WWTP, Award, Michigan Water which replaced the existing chlorine disinfection system. Environment Association VILLAGE OF SARANAC, MICHIGAN Project engineer for replacement of the influent pumping system at the WWTP. HOMESTEAD DAIRY, LLC | PLYMOUTH, INDIANA Design engineer for planning, design, and construction of an anaerobic digestion facility, including co-digestion to increase biogas yield. MONTGOMERY COUNTY, INDIANA Design engineer for creation of a new collection system and SBR WWTP. The sanitary sewer system replaced failing onsite treatment systems and allowed continued economic growth in the area. CITY OF ZEELAND, MICHIGAN • Assisted with construction engineering for WWTP improvements, including screening, grit removal, sludge storage, and a non-potable water system. • Project engineer for design and construction of a high-pressure booster pump replacement project for the BPU. Page 128 of 232 JOSH REDNER, PE VILLAGE OF SPARTA, MICHIGAN • Assisted with construction engineering for WWTP improvements including screening, grit SENIOR WATER & WASTEWATER ENGINEER removal, oxidation ditch, RAS pumping system, final clarifiers, and sludge storage. • Project engineer for design and construction of a sanitary lift station replacement. The project included replacing the existing submersible pumps with new suction lift pumps. CITY OF GRAND RAPIDS, MICHIGAN Assisted with design and construction engineering for a sanitary lift station replacement project. STUDIES CITY OF ST. JOHNS, MICHIGAN Project manager and engineer for WWTP facility master plan that established a pathway to implement approximately $23 million of improvements over 15 years. CITY OF REED CITY, MICHIGAN Project manager and engineer for planning phase of WWTP improvements that will upgrade aging facilities. Construction expected to begin in 2021. CITY OF COLDWATER, MICHIGAN Project manager and engineer for WWTP asset management master plan and ongoing treatment improvements investigation. CITY OF FLINT, MICHIGAN Project engineer for a study to right-size an existing main sanitary lift station and provide wet weather pumping capacity. CITY OF NILES, MICHIGAN Project engineer for WWTP asset management master planning. Anticipated improvements include grit removal, influent sanitary screening, wet weather flow improvements, and disinfection improvements. VILLAGE OF SPARTA, MICHIGAN Developed a SWP3 for the municipal airport. CITY OF ZEELAND, MICHIGAN Create a water reliability study for the BPU to verify water system capacity and help plan for future improvement. ADA TOWNSHIP, MICHIGAN Create a water reliability study to verify water system capacity and help plan for future improvement. CITY OF JONESVILLE, MICHIGAN Helped verify water system capacity as part of a water reliability study. MICHIGAN DEPARTMENT OF CORRECTIONS | IONIA, MICHIGAN RIVERSIDE/DEERFIELD CORRECTIONAL FACILITY Developed an I/I reduction plan, which included field investigation, recommended corrective actions, and provided cost estimates for implementation. CITY OF GRANDVILLE, MICHIGAN Helped the City identify I/I sources throughout their collection system. Study included extensive flow monitoring, televising, smoke testing, and field observations. VILLAGE OF CALEDONIA, MICHIGAN Prepared a feasibility study to identify option for continued sanitary sewer service. Study used a triple bottom line approach to identify the long-term recommended alternative. Page 129 of 232 JOHN WILLEMIN, PE SENIOR VICE PRESIDENT | PRINCIPAL John is responsible for the technical leadership of the water and wastewater engineers assigned to projects. He has significant experience in report preparation, design, specifications and contract documents, and construction coordination. John specializes in project management and design of complex water and wastewater treatment systems. He has been involved in numerous treatment plant renovation and expansion projects, new treatment plants, and several groundwater remediation projects EXPERIENCE YEARS OF EXPERIENCE WASTEWATER PROCESS 23 years Fishbeck OAKLAND COUNTY WATER RESOURCES COMMISSIONER, MICHIGAN 27 years total Energy audit for wastewater system facilities. EDUCATION MS in Civil/Environmental CITY OF IONIA, MICHIGAN Engineering, Michigan WWTP facilities assessment, pump replacements, clarifier rehabilitation, ferric chloride Technological University system relocation, pump station evaluation, and miscellaneous improvement projects. BS in Civil Engineering, Michigan OTTAWA COUNTY ROAD COMMISSION Technological University WEST CENTRAL OTTAWA WWTP | GRAND HAVEN, MICHIGAN REGISTRATIONS/ Improvements to expand capacity from 0.16 to 0.30 MGD. CERTIFICATIONS SAGINAW CHIPPEWA INDIAN TRIBE | MT. PLEASANT, MICHIGAN Professional Engineer – Michigan, Wastewater system master plan. Wisconsin MEMBERSHIPS THORNAPPLE MANOR | HASTINGS, MICHIGAN American Water Works • Evaluation of pumping station to resolve clogging problems. Association • Evaluation of treatment alternatives to replace aging lagoon system. • Michigan Section Chair (2016/2017) CITY OF BATTLE CREEK, MICHIGAN Rehabilitation of the 1.4-MGD Edgebrook lift station. Michigan State University Department of Civil and GRAND HAVEN/SPRING LAKE SEWER AUTHORITY, MICHIGAN Environmental Engineering UV disinfection evaluation of WWTP. • Professional Advisory Board (2012-2018) CITY OF LODI, WISCONSIN Water Environment Federation Assisted in design and project administration of the WWTP upgrade, which included a new biotower, clarifier, and sludge handling facilities. West Michigan Water Works Association CITY OF ADAMS, WISCONSIN Design of chemical phosphorous removal and chlorination/ dechlorination systems. MANUFACTURING PROCESS GERBER PRODUCTS COMPANY | FREMONT, MICHIGAN Flow metering system for process wastewater. BLACKMER PUMP | GRAND RAPIDS, MICHIGAN Evaluation of system to dechlorinate plant cooling water discharge. Page 130 of 232 JOHN WILLEMIN, WATER DISTRIBUTION PE CITY OF HOLLAND, MICHIGAN SENIOR VICE PRESIDENT | • Waverly and South Side booster pumping station improvements to increase pumping PRINCIPAL capacity. • 1-MG elevated storage tank. CITY OF ST. LOUIS, MICHIGAN • Replacement of City water supply by connecting to the City of Alma and replacing municipal wells. • Dual 3-MGD booster pumping stations. • Three 0.9-MG wells/well houses. • 5 miles of 16-inch transmission main. • 0.2-MG elevated storage tank. CITY OF GRAND LEDGE, MICHIGAN 10.8-MGD pump station and 0.75-MG, prestressed concrete, ground level storage tank. CITY OF MIDLAND, MICHIGAN Design of a 9.5-MGD water booster pumping station to serve a new pressure district. CITY OF ANN ARBOR, MICHIGAN West high-service storage evaluation. CITY OF NILES, MICHIGAN 1-MGD booster pumping station and 0.3-MG elevated storage tank. WATER PROCESS CITY OF HOLLAND, MICHIGAN • Water treatment feasibility study for 20-MGD membrane plant. • Bulk chemical storage study. CITY OF LUDINGTON, MICHIGAN • Expansion of existing 3.2-MGD conventional plant to 8 MGD with high rate sedimentation. • Two conventional gravity filters. • Pumping system improvements. • Intake evaluation. • Treatment feasibility study. GRATIOT AREA WATER AUTHORITY | ALMA, MICHIGAN • Expansion of existing 4-MGD lime softening plant to 6 MGD • 1-MG reservoir. • Backwash storage and pumping facility. • Pumping and chemical feed system improvements. CITY OF SOUTH HAVEN, MICHIGAN • 7-MGD conventional treatment plant with highrate settling. • Raw water pumping station. • Water plant reliability and capacity expansion study. • Design for 15-MGD water supply intake. CITY OF ST. JOSEPH, MICHIGAN • 20-MGD intake and shore well pumping station. • Filter underdrain and media replacement project. • Facilities, operation, and processes assessment for existing 16-MGD treatment plant, including capacity analysis to expand treatment to 20 MGD. Page 131 of 232 DAVID CONKLIN, PE SENIOR WATER & WASTEWATER ENGINEER Dave is a project manager and senior design engineer with experience designing water and wastewater treatment facilities, water distribution systems, and remediation systems. He has also been involved with construction phase engineering and contract administration for various environmental projects. EXPERIENCE WASTEWATER PROCESS MUNICIPAL YEARS OF EXPERIENCE 33 years Fishbeck CITY OF LOWELL, MICHIGAN 37 years total • WWTP expansion design and construction phase engineering. • Northeast booster pumping station design. EDUCATION BS in Civil Engineering, Michigan VILLAGE OF BALDWIN, MICHIGAN State University Lead design effort for SBR system expansion. REGISTRATIONS/ CITY OF FREMONT, MICHIGAN CERTIFICATIONS Alternative evaluations. Professional Engineer – Michigan HAZWOPER Site Worker CITY OF NILES, MICHIGAN Responsible for design of various aspects of sludge handling and chemical feed Sandia National Laboratories - systems for WWTP expansion. Risk Assessment Methodology for Water (RAM-W) INDUSTRIAL MEMBERSHIPS MICHIGAN MILK PRODUCERS ASSOCIATION | OVID, MICHIGAN Member, American Society of Lead design and project management for expansion of SBR WWTP. Civil Engineers (Past President of the Western Michigan Branch) SMITH’S LANDFILL | ST. CLAIR COUNTY, MICHIGAN Lead design efforts for a leachate pretreatment facility. Member, American Water Works Association WELCH’S | LAWTON, MICHIGAN Led design and project management efforts for the north irrigation area expansion Member, Water Environment project. The project involved a pumping station, three center pivots, 12-inch Federation wastewater force main, and electrical and SCADA improvements. GERBER PRODUCTS COMPANY | FREMONT, MICHIGAN Performed land application system expansion, and design and construction phase engineering services for a 3-MG, aerated storage lagoon. CAMP GRAYLING | GRAYLING, MICHIGAN WWTP system improvements and preliminary design of three facultative lagoons. INDIAN SUMMER COOPERATIVE | LUDINGTON, MICHIGAN WWTP system and design of a 3-cell aerated lagoon system. LAKESIDE PACKING COMPANY | MANITOWOC, WISCONSIN WWTP improvements and design of a 3-cell aerated lagoon system. HICKORY HILLS ESTATES | PARCHMENT, MICHIGAN WWTP alternative evaluations. Page 132 of 232 DAVID CONKLIN, ADA BEEF COMPANY | ADA, MICHIGAN PE Alternative evaluations. SENIOR WATER & WASTEWATER ENGINEER GENERAL WATER SUPPLY CITY OF NILES, MICHIGAN Water system improvements. Responsible for project management, and design and construction phase engineering for new facilities, including an iron treatment plant, well modifications, water main improvements, and elevated storage tank. KALAMAZOO LAKE SEWER AND WATER AUTHORITY | KALAMAZOO COUNTY, MICHIGAN Prepared a water works reliability study, as required by the SDWA, which analyzed the existing water supply and distribution system and recommended improvements to meet future demands. CITY OF STURGIS, MICHIGAN Prepared a reliability study, as required by the SDWA, which analyzed the existing water system’s ability to meet future water demands. CITY OF LOWELL, MICHIGAN NORTHEAST BOOSTER PUMPING STATION Prepared final design drawings and specifications. Performed construction phase engineering. WEST SIDE RESERVOIR Performed project management and design for a prestressed concrete, ground-level storage tank and associated piping. CITY OF CADILLAC LDFA, MICHIGAN Performed project management and designed a well house that provides cooling water make-up to a nearby power plant. Also performed construction phase engineering. CITY OF ALBION, MICHIGAN Water supply and treatment facilities. Performed design and project management for new facilities, which included two well houses, treatment building, and iron treatment equipment. WATER PROCESS CITY OF NILES, MICHIGAN Designed a new iron removal facility, booster pumping station, and elevated storage tank. CITY OF ALBION, MICHIGAN Performed project management and design services for new water supply and treatment facilities, including two well houses, a treatment building, and iron treatment equipment. CITY OF NEW BALTIMORE, MICHIGAN Responsible for various design tasks, including a shore well pumping station and chemical feed systems for a membrane filtration plant. PUMPING STATIONS CITY OF GARDEN CITY, MICHIGAN Project manager for pump station renovation. MDOT | MICHIGAN Lead designer for various pumping stations renovation projects. Page 133 of 232 MATT STACK, PE, LEED AP BD+C SENIOR ELECTRICAL ENGINEER Matt is a project engineer responsible for design and coordination of power, lighting, security, fire alarm, emergency power, and special systems for a variety of client types. EXPERIENCE WATER/WASTEWATER PROCESS CITY OF HOLLAND, MICHIGAN WWTP Distribution, lighting, and SCADA changes to multiple existing buildings on campus to YEARS OF EXPERIENCE facilitate implementation of a new wastewater process. 7 years Fishbeck 9 years total WTP Design of new 480V switchboard and VFDs to feed new high-service pumps. EDUCATION BS in Electrical Engineering, WAVERLY PUMP STATION Western Michigan University Design of new 480V service entrance equipment and VFDs to feed new pumps. MS in Electrical Engineering, The CITY OF LANSING, MICHIGAN Ohio State University FRANCES PARK PUMP STATION Distribution changes and VFD additions to facilitate replacement of existing pumps in REGISTRATIONS/ this large sanitary lift station. CERTIFICATIONS Professional Engineer – Michigan CITY OF FAIRBORN, OHIO LEED Accredited Professional SOUTHEAST LIFT STATION IMPROVEMENTS Building Design + Construction Complete facility redesign to incorporate new pumps. Designed new utility and standby power distribution, lighting, and SCADA changes. CITY OF GRAND RAPIDS, MICHIGAN LIVINGSTON PUMP STATION Designed addition to the existing pump station that included lighting, distribution, and SCADA. FRANKLIN STREET PUMP STATION Existing facility requiring the replacement of existing 480V pump motor starters with VFDs, upgrades to existing lighting, and SCADA system. LAKE MICHIGAN FILTRATION PLANT | GRAND HAVEN, MICHIGAN • Replaced existing medium voltage switchgear and VFD for medium voltage pumping application. • Replaced multiple 480V motor control centers to facilitate new water processes. • Changes to existing SCADA system to incorporate multiple new processes. CITY OF LUDINGTON, MICHIGAN WWTP Distribution and lighting changes to facilitate implementation of a new wastewater process. Design of an entirely new SCADA system with Wonderware interface for plant control and monitoring. WTP Distribution, lighting, and SCADA changes to facilitate implementation of a new water process. Page 134 of 232 MATT STACK, PE, LANSING BOARD OF WATER AND LIGHT | LANSING, MICHIGAN LEED AP BD+C DYE WATER PLANT Distribution, lighting, and SCADA system changes to facilitate a new dust collection system. SENIOR ELECTRICAL ENGINEER VILLAGE OF INDIAN HILL, OHIO WTP Upgrades to existing facility power distribution to provide better reliability. Design included overhead distribution design. MANUFACTURING PROCESS SARA LEE | ST. JOSEPH, MISSOURI Addition to existing building and implementation of new manufacturing process. ABBOTT LABS | COLUMBUS, OHIO AND ALTAVISTA, VIRGINIA Distribution and lighting for new manufacturing process at existing facilities. OFFICES LANSING BOARD OF WATER & LIGHT, MICHIGAN REO TOWN HEADQUARTERS 40,000-sf interior fit-out consisting of lobby, office collaborative, meeting, and open office environments. Page 135 of 232 JOHN CONDIE, PE SENIOR VICE PRESIDENT | PRINCIPAL John has been responsible for the design and coordination of electrical distribution, lighting, instrumentation, and control systems for municipal, commercial, industrial, educational, and healthcare clients. His experience includes medium- and low-voltage power distribution, standby generators, indoor and outdoor lighting, utility company coordination, power system analysis (e.g., short circuit, coordination, arc flash, voltage drop, load flow, etc.), digital and analog instrumentation, PLC-based control systems, Ethernet networks, telephone telemetry, and radio communication systems (licensed and unlicensed). YEARS OF EXPERIENCE EXPERIENCE 25 years Fishbeck 32 years total WASTEWATER COLLECTION EDUCATION CITY OF CEDAR SPRINGS, MICHIGAN BS in Electrical Engineering, Cherry Street lift station. Grove City College CITY OF BATTLE CREEK, MICHIGAN REGISTRATIONS/ CERTIFICATIONS Edgebrook wastewater pump station. Professional Engineer – Colorado, VILLAGE OF BALDWIN, MICHIGAN Connecticut, Georgia, Illinois, • US-10 sewer extension and pump station. Iowa, Kansas, Maryland, Massachusetts, Michigan, • Phase II wastewater pump station expansion. Minnesota, New Hampshire, CITY OF GRAND LEDGE, MICHIGAN New Mexico, New York, North • Airport sewer pump stations. Carolina, Oklahoma, Utah, and • West Jefferson wastewater pump station. Wisconsin CITY OF NOVI, MICHIGAN MEMBERSHIPS • Lanny’s force main improvements. Michigan Society of Professional • Wastewater pumping stations. Engineers CITY OF GRAND RAPIDS, MICHIGAN National Society of Professional Wastewater collection system master plan. Engineers CITY OF WILLIAMSTON, MICHIGAN Wastewater collection system master plan. CITY OF IONIA, MICHIGAN South lift station improvements. COLDWATER BOARD OF PUBLIC UTILITIES, MICHIGAN Willowbrook wastewater pump station improvements. WASTEWATER TREATMENT OTTAWA COUNTY ROAD COMMISSION, MICHIGAN West Central Ottawa WWTP expansion. CITY OF CEDAR SPRINGS, MICHIGAN • WWTP. • Wastewater pumping station renovation. • Receiving station. Page 136 of 232 JOHN CONDIE, PE CITY OF MACKINAC ISLAND, MICHIGAN • WWTP aeration modifications. SENIOR VICE PRESIDENT | PRINCIPAL • WWTP master plan. • WWTP improvements. VILLAGE OF BALDWIN, MICHIGAN WWTP expansion. CITY OF IMLAY CITY, MICHIGAN WWTP expansion. CITY OF JACKSON, MICHIGAN WWTP master plan. CITY OF NILES, MICHIGAN • WWTP master plan. • WWTP improvements. CITY OF SANDUSKY, MICHIGAN WWTP expansion. CITY OF MANISTEE, MICHIGAN WWTP expansion. CITY OF BAD AXE, MICHIGAN WWTP expansion. CITY OF ESSEXVILLE, MICHIGAN WWTP improvements. ST. CLAIR COUNTY, MICHIGAN Smiths Creek Landfill leachate pretreatment, transportation, and disposal system. CITY OF REED CITY, MICHIGAN WWTP aeration system improvements. HOLLAND BOARD OF PUBLIC WORKS, MICHIGAN WWTP headworks and aeration improvements. CITY OF GRAND LEDGE, MICHIGAN WWTP improvements. SAGINAW CHIPPEWA INDIAN TRIBE | SAGANING, MICHIGAN WWTP. YOPLAIT-COLOMBO | REED CITY, MICHIGAN Wastewater pumping station and treatment system. MICHIGAN MILK PRODUCERS ASSOCIATION | OVID, MICHIGAN WWTP and irrigation system pump stations. HILLSHIRE BRANDS | ZEELAND, MICHIGAN • WWTP improvements. • WWTP VFD additions. GERBER PRODUCTS COMPANY | FREMONT, MICHIGAN • Wastewater irrigation system pump stations. • Wastewater treatment system improvements. Page 137 of 232 MATT BAKER, LEED AP SENIOR ELECTRICAL ENGINEERING SPECIALIST Matt has numerous years of experience with electrical contractors on a wide range of project types and sizes. He has experience in electrical systems engineering design, cost estimating, project management, installation, service, troubleshooting, inspection, electrical condition assessments, and Cx. Serving as Fishbeck’s electrical systems Cx specialist, Matt is highly experienced in all aspects of Cx, including design review, Cx project management, troubleshooting, functional test writing, and test execution. EXPERIENCE YEARS OF EXPERIENCE GOVERNMENTAL 9 years Fishbeck CITY OF HOLLAND, MICHIGAN 35 years total WWTP EDUCATION Renovations and additions to the entire WWTP, including complete electrical, fire AS in Applied Science/ alarm, and process control systems. Electronics Technology, Ferris State University CITY OF WYOMING, MICHIGAN • Complete electrical, fire alarm, process and control, and security camera REGISTRATIONS/ systems for the clean (wastewater) water plant. CERTIFICATIONS Licensed Master Electrician • Complete 4,160 volt switchgear replacement for the Donald K. Shine Water Plant. Licensed Electrical Contractor LANSING BOARD OF WATER & LIGHT, MICHIGAN LEED Accredited Professional Complete renovation of existing plant, including complete electrical, fire alarm, process and control, and security camera systems. MEMBERSHIPS International Association CITY OF GRAND RAPIDS, MICHIGAN of Electrical Inspectors • Generator backup power for WWTP control system. U.S. Green Building Council • East Paris Service Center pumping improvements. AWARDS • Power quality studies. 2007 ABC Award of Excellence • Wilson pump station. for Best Electrical Project Over • Franklin Street Pump Station. One Million Dollars • Lake Michigan Filtration Plant. • Dean Lake Service Center pumping improvements. • New elevated water tank. CITY OF IONIA, MICHIGAN New raw sewage motors. CITY OF MIDLAND, MICHIGAN Renovations and additions to the WTP, including electrical and process control systems. CITY OF MACKINAC ISLAND, MICHIGAN Complete renovation of the WWTP. CITY OF SOUTH HAVEN, MICHIGAN WATER FILTRATION PLANT Complete electrical, fire alarm, and process control systems. CITY OF REED CITY, MICHIGAN WWTP complete electrical, fire alarm, and process control systems, including power quality studies. Page 138 of 232 MATT BAKER, CITY OF GRAND LEDGE, MICHIGAN LEED AP WWTP complete electrical, fire alarm, and process control systems. SENIOR ELECTRICAL CITY OF GRAND HAVEN, MICHIGAN ENGINEERING SPECIALIST • Pump station improvements including new VFDs, pumps, and control systems. • Renovations and additions to the WTP, including electrical and process control systems. CITY OF ALMA, MICHIGAN Renovations and additions to the entire WTP, including complete electrical, fire alarm, and process control systems. CITY OF COLDWATER, MICHIGAN Renovations and additions to the WTP, including electrical and process control systems. MERIDIAN CHARTER TOWNSHIP, MICHIGAN SAW grant condition assessments for all electrical equipment. MACOMB COUNTY PUBLIC WORKS | ST CLAIR SHORES, MICHIGAN CHAPATON DRAIN Condition assessments for all electrical equipment. INDUSTRIAL AMWAY | ADA, MICHIGAN NUTRITIONAL SUPPLEMENT MANUFACTURING PLANT Renovated 60,000 sf of existing warehouse space into a new 2-story, modern, efficient manufacturing space. SUN CHEMICAL CORPORATION | MUSKEGON, MICHIGAN • Complete electrical and fire alarm system installations and maintenance. • Ground fault diagnosis and repair. CONAGRA | GRAND RAPIDS, MICHIGAN New pump station. FIELD EXPERIENCE STATE OF MICHIGAN LICENSED ELECTRICAL CONTRACTOR Worked on electrical systems installation for commercial projects ranging from $250,000 to $1 million. Projects included large retail stores, malls, and schools. Installed primary distribution, medium voltage switchgear, transformers, generators, transfer switches, switchboards, panel boards, bus duct, duct bank, conduit, conductors, vaults and manholes, control wiring, control panels, lighting controls, site lighting, streetlighting, clock systems, and fire alarm systems. MASTER ELECTRICIAN Worked on electrical systems installation for industrial and commercial projects ranging from $250,000 to $10,000,000. Projects included WWTPs, WTPs, manufacturing plants, food processing plants, hospitals, schools, and fuel stations. Installed primary distribution, medium voltage switchgear, transformers, generators, transfer switches, paralleling switchgear, switchboards, panel boards, bus duct, duct bank, conduit, conductors, vaults and manholes, control wiring, control panels, lighting controls, site lighting, street lighting, clock systems, and fire alarm systems. FIELD OPERATIONS/PROJECT MANAGER/ESTIMATOR Accountable for all operations including project profitability, productivity, safety, cost control, and material flow on electrical projects totaling $15 million annually. Implemented policies and procedures to schedule, coordinate, and plan efficient work activities. Defined scope of work, helped set project budgets as part of the project management team, and managed 30 to 60 field employees on various projects. Page 139 of 232 BO BENSON MECHANICAL ENGINEER Bo has experience with various HVAC projects in commercial, residential, industrial, governmental, institutional, pharmaceutical, educational, retail, and healthcare facilities. EXPERIENCE GOVERNMENTAL CITY OF ST. LOUIS, MICHIGAN WELL HOUSE #9. VILLAGE OF SPRING LAKE, MICHIGAN YEARS OF EXPERIENCE FIRE STATION 7 years Fishbeck New, 14,000-sf fire station with drive-through vehicle bays, living quarters, and a small 8 years total police office. EDUCATION BS in Mechanical Engineering, CITY OF BATTLE CREEK, MICHIGAN Kettering University POLICE STATION New, 46,000-sf police station with vehicle parking, training facilities, and offices. GERALD R. FORD INTERNATIONAL AIRPORT | GRAND RAPIDS, MICHIGAN Design of plumbing and fire protection systems for roof addition to the upper level of the existing third and fourth level parking decks. EDUCATIONAL GRAND VALLEY STATE UNIVERSITY | ALLENDALE AND MUSKEGON, MICHIGAN RALEIGH J. FINKELSTEIN HALL Design of a new 82,000-sf academic facility for the expansion of health programs. HOLTON-HOOKER LEARNING & LIVING CENTER Programming, site analysis, and design of a new campus housing facility. THE OHIO STATE UNIVERSITY | COLUMBUS, OHIO POMERENE/OXLEY HALLS Phased design/renovation project of historic Pomerene and Oxley Halls with new campus utilities. SELBY GREENHOUSE Renovation of 50-year-old research greenhouse on the Ohio Agricultural Research and Development Campus including complete upgrade of heating, cooling, and lighting systems. INDUSTRIAL FIAT CHRYSLER AUTOMOBILES (FCA) | AUBURN HILLS, MICHIGAN Multiple design/renovations to tech center. STEELCASE, INC. | GRAND RAPIDS, MICHIGAN Construction documentation and administration for expansion and relocation of an existing furniture test lab to the 44th Street campus. BISSELL, INC. | WALKER, MICHIGAN Mechanical design of robotics and filtration lab. Page 140 of 232 BO BENSON GE AVIATION | NORTON SHORES, MICHIGAN Project engineer for structural design of new mezzanine inside existing preengineered building, MECHANICAL ENGINEER foundations for preengineered building additions, and rooftop equipment and pipe supports. OFFICES BLUE CROSS BLUE SHIELD OF MICHIGAN | CASCADE TOWNSHIP, MICHIGAN Interior renovation with HVAC upgrades and standby power. CHAINS THE HERTZ CORPORATION • El Paso International Airport, El Paso, Texas • O’Hare International Airport, Chicago, Illinois MEIJER, INC. | GRAND RAPIDS, MICHIGAN • 2016 prototype maintenance • Flat Rock, Michigan • Sturgis, Michigan HOMEGOODS/TJ MAXX | NORTON SHORES, MICHIGAN Renovation and addition to existing strip center to incorporate prototype store design. MERCANTILE BANK | ALMA, MICHIGAN Development of new branch bank design to be used as future prototype. STEAM DISTRIBUTION MICHIGAN STATE UNIVERSITY | EAST LANSING, MICHIGAN WEST CIRCLE PHASES 3 AND 4 Through a 4-year process of phased construction, this project renovated over 1,000 feet of existing steam tunnel and replaced over 2,600 feet. Steam and condensate services were extended to several buildings, which were previously fed with low-pressure steam and vacuum condensate, but were converted to high-pressure steam and pumped condensate return. The project also reconstructed a mile-long road that loops around the west portion of North Campus. Road improvements included bike lanes, geometry adjustments, parking modifications, and driveway realignments. 2013 CAMPUS STEAM DISTRIBUTION STUDY Evaluated the campus-wide distribution system for demands predicted to be added to campus based on the 2020 Vision Master Plan. The study identified constrictions and low pressure points in the system and evaluated the best means to increase system performance. Recommendations and cost estimates were provided for a prioritized list of projects. Page 141 of 232 04 SCHEDULE Page 142 of 232 FISHBECK | SCHEDULE SCHEDULE Fishbeck has reviewed the project scope and is prepared to begin design upon authorization from the BPW. The following preliminary schedule has been developed based on available information and will be refined based on discussions with the BPW during the project kickoff meeting. A detailed project schedule graphic is also included. DURATION TASK START DATE FINISH DATE (WORK DAYS) Authorization to Proceed with Design 0 Days October 30, 2020 October 30, 2020 PRELIMINARY DESIGN 21 Days October 30, 2020 November 27, 2020 Request for Documentation 3 Days November 2, 2020 November 4, 2020 Review of Preliminary Documentation 3 Days November 5, 2020 November9, 2020 Project Kickoff Meeting 0 Days November 10, 2020 November 10, 2020 BPW Review of Preliminary Engineering Report 5 Days November 23, 2020 November 27, 2020 DESIGN 40 Days November 30, 2020 January 22, 2021 BPW Review of 30% Design Documents 5 Days December 14, 2020 December 1, 2020 BPW Review of 60% Design Documents 5 Days January 4, 2021 January 8, 2021 BPW Review of 90% Design Documents 5 Days January 25, 2021 January 29, 2021 BPW Review of Final Design Documents 5 Days February 22, 2021 February 26, 2021 EGLE Part 41 Permit Review 60 Days January 25, 2021 April 16, 2021 BIDDING 20 Days April 5, 2021 April 30, 2021 Construction Contract Execution 20 Days May 3, 2021 May 28, 2021 CONSTRUCTION 80 Days May 31, 2021 September 17, 2021 PROJECT CLOSEOUT 40 Days September 20, 2021 November 12, 2021 Page 143 of 232 ID Task Task Name Duration Start Finish Predecessors Resource Names Sep 20, '20 Oct 18, '20 Nov 15, '20 Dec 13, '20 Jan 10, '21 Feb 7, '21 Mar 7, '21 Apr 4, '21 May 2, '21 May 30, '21 Jun 27, '21 Jul 25, '21 Aug 22, '21 Sep 19, '21 Oct 17, '21 Nov 14, '21 Mode M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S 1 2 Authorization to 0 days Fri 10/30/20 Fri 10/30/20 10/30 Proceed with Design 3 Preliminary Design 21 days Fri 10/30/20 Fri 11/27/20 2 4 Request for 3 days Mon Wed 2FS+1 day Documentation 11/2/20 11/4/20 5 Review Preliminary 3 days Thu 11/5/20 Mon 4 Documentation 11/9/20 6 Project Kickoff 1 day Tue Tue 5 Meeting 11/10/20 11/10/20 7 BPW Review of 5 days Mon Fri 11/27/20 3FF Preliminary 11/23/20 Engineering Report 8 Design 40 days Mon 11/30/20Fri 1/22/21 3 9 BPW Review of 30% 5 days Mon Fri 12/18/20 7FS+10 days Design Documents 12/14/20 10 BPW Review of 60% 5 days Mon 1/4/21 Fri 1/8/21 9FS+10 days Design Documents 11 BPW Review of 90% 5 days Mon Fri 1/29/21 10FS+10 days Deign Documents 1/25/21 12 BPW Review of Final 5 days Mon Fri 2/26/21 11FS+15 days Design Documents 2/22/21 13 EGLE Part 41 Permit 60 days Mon Fri 4/16/21 11SS Review 1/25/21 14 Bidding 20 days Mon 4/5/21 Fri 4/30/21 13FF+10 days 15 Construction 20 days Mon 5/3/21 Fri 5/28/21 14 Contract Execution 16 Construction 80 days Mon 5/31/21 Fri 9/17/21 15 17 Project Closeout 40 days Mon 9/20/21 Fri 11/12/21 16 Task Project Summary Manual Task Start-only Deadline Page 144of232 Project: Holland BPW Raw Sewa Split Inactive Task Duration-only Finish-only Progress Date: Tue 10/13/20 Milestone Inactive Milestone Manual Summary Rollup External Tasks Manual Progress Summary Inactive Summary Manual Summary External Milestone Page 1 05 PROPOSED FEE AND HOURLY RATE SHEET Page 145 of 232 ATTACHMENT 1 Engineering Services Proposal for: Raw Sewage Pump Replacement Estimated Not to Exceed Task Work Hours Fee ($) Task 1 – Design Phase Services 425 59,700 Task 1 – Design Services Reimbursables NA 2,200 SUBTOTAL Task 2 – Bid Phase Services 35 5,400 Task 2 – Bid Phase Services Reimbursables NA 500 SUBTOTAL Task 3 – Construction Phase Services 390 54,800 Task 3 – Construction Phase Services Reimbursables NA 4,000 SUBTOTAL TOTAL 126,600 Firm Name: Fishbeck By: Title: Principal | Senior Vice President Date: ______October 14, 2020 Page 146 of 232 Capital Project Justification Form Fiscal Year FY20 Director Ranking (Priority 1-3) 1 Department Operations Functional Area Water Reclamation Facilty Project Description Replace Raw Pumps and Associated Equipment - Project includes the replacement of the four raw sewage pumps for the Southern Service Area Influent. Also included is replacement of much of the associated pipe, valves and fittings to accommodate the new pumps and replace valves that will be approacing 60 years of service in a corrosive and abrasive environment. Project will also include minor building modifications to accomodate new pumps and provide improved access for maintenance Total Project Budget $ 800,000.00 Breakdown Engineering $ 140,000.00 Construction $ 600,000.00 Materials $ - Contingency $ 60,000.00 Reason Explanation Existing piping and valving will be 60 years old in FY20. The raw pumps themselves will X End of Life/Renewal be 19 (Raw Pump #3) to 38 years old (Raw Pumps 1, 2, and 4). System Expansion Customer Experience Enhancement New pumps will utilize current technologies that protect against plugging due to rags and other common debris in raw wastewater (reducing associated wear and increasing X Increased Automation/Efficiency pumping efficiency). Pump sizing will also be looked at to increase efficiency of operation. Raw Pumps 1, 2, and 4 each have a Business Risk score of 20. Raw Pump #3 has a X Risk Mitigation Business Risk score of 15. The WRF has established a target of maintaining all assets with a Business Risk at 15 or lower. Driven by Regulation Analysis: Please provide quanitification of benefits and/or future avoided costs associated with the capital project Value Narrative Anticipated new net revenue from expansion $ - over next ten years Expected customer cash flow savings from $ - project over next ten years Quantification of risk reduction anticipated Pumps are critical to moving flow from the Southern Service Unknown within ten year horizon Area into the WRF. Failure of these pumps could lead to compliance issues due to Sanitary Sewer Overflows. Current pumps are approaching end of useful life and are Expected avoided maintenance expenses due expected to each require replacement or one or more to the renewal/replacement over the next ten $ 300,000.00 rebuilds each during the next 10 years. Costs listed are for years these pump costs but do not address the 60 year old valves or other peripheral equipment that also may be issues. Pumps will be sized to better accommodate flow range. This Quantification of expected efficiency should allow for some efficiency gains on power improvements from project over next ten $ 30,000.00 consumption. New pumps will also have N-impellers which years are less likley to plug at lower pump speeds. This should again gain efficiency on power consumption. Assumption is a 10% power reduction relative to the pumps Requestor: Theo VanAken Manager Review: Director Review: Joel Davenport Page 147 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN To: BPW Board of Directors Date: 2020-12-07 Subject: Engineering Services Contract for South Holland 138kV Relocation Project Utility Services Department Introduction: This recommendation is to issue an Engineering Services Contract to GRP Engineering, Inc. to provide engineering services to relocate the South Holland 138kV distribution line. Recommendation: Approve an Engineering Services Contract with GRP Engineering, Inc. for a not to exceed amount of $485,000 and a contingency of $70,000, pending approval as to form from the City Attorney. Description: Electric Distribution’s high voltage distribution loop currently has two 138kV lines located on one pole line serving the South Holland substation. This project will increase the reliability of the loop by reducing the risk of one pole line by separating the lines to and from the substation. It will also allow regular maintenance of the lines without requiring both lines to be de- energized. The BPW project team requested proposals to provide engineering services to first determine the new 138kV line route, and then provide design and construction phase engineering services. Three proposals were received from qualified consultants with high voltage line design expertise and evaluated by the project team. The table summarizes the proposal prices and levels of effort for design. Page 1 of 2 Page 148 of 232 Michigan Evaluation Design Previous Consultant Total Fee Location Score Hours Contracts HDR Ann Arbor 333.5 3,182 $746,401 Y Engineering GRP Grand Engineering, 397.5 4,440 $485,000 Y Rapids Inc. Commonwealth Jackson 378.8 2,041 $304,000 Y Associates, Inc. The team’s evaluation considered factors such as consultants’ project approach, level of effort, and the proposed team’s experience with similar projects, in addition to cost. Based on GRP’s final evaluation score and their proposed team’s experience with similar high voltage line projects in west Michigan within the past three years, the team recommends awarding the contract to GRP Engineering. Respectfully submitted, David G. Koster General Manager Strategic Directive: 4. HBPW will provide reliable utility services to the customers it serves. Attachments: 2020-12-07 GRP Engineering Proposal 11-10-2020 2020-12-07 S. Holland 138kV Relocation Capital Justification Form Report prepared by: Jane Monroe, Planning Engineering Manager Page 2 of 2 Page 149 of 232 Holland Board of Public Works Holland, Michigan South Holland 138kV Relocation Engineering Services Engineering Services Proposal www.grp-engineering.com Grand Rapids Location: Petoskey Location: 3300 Eagle Run Dr NE Ste 101 459 Bay Street Grand Rapids MI 49525 Petoskey MI 49770 Page 150 of 232 Power Utility & Electrical Engineering November 10, 2020 Jane Monroe Planning Engineering Manager Holland Board of Public Works 625 Hastings Ave Holland, MI 49423 RE: South Holland 138kV Relocation Engineering Services Proposal Dear Jane: GRP Engineering, Inc. is pleased to present this proposal to the Holland Board of Public Works (BPW) for Preliminary Engineering and Route Determination Services associated with the South Holland 138kV Transmission Line Relocation project. We are highly qualified to provide these services for the Holland BPW through our project experience on municipal electric systems, our transmission line design experience, and the qualifications of all our personnel. GRP Engineering, Inc. will complete route selection and preliminary engineering design, plus Phase 2 & 3 project design, management, and construction administration services using a team approach including subcontracting with highly qualified firms. Route Selection, Project Design, & Construction Administration Team Electrical Engineering GRP Engineering, Inc. Right-of-Way Land Services Contract Land Staff Surveying Westshore Consulting Geotechnical Engineering SME Civil Engineering Driesenga & Associates, Inc. Structural Engineering JDH Engineering, Inc. The overall scope of this project includes the construction of a new 138kV transmission line between the Holland BPW’s Industrial Substation located on East 48th Street and their South Holland Substation located on 52nd Street. The existing South Holland 138kV transmission line is constructed as a double circuit line which presents both reliability concerns with the loss of a single structure and line maintenance constraints. Construction of a second, single-circuit pole line will eliminate both of these issues. Structure type, insulator configuration, conductor and ground wire selection will be completed as part of the initial design phase of this project. 3300 Eagle Run Dr NE Ste 101 459 Bay Street Grand Rapids MI 49525 Petoskey MI 49770 P: 616.942.7183 www.grp-engineering.com P: 231.439.9683 F: 231.439.9698 F: 231.439.9698 Page 151 of 232 The initial phase of this project includes transmission line route selection, preliminary engineering design, budget estimates, and proposed project schedule submitted to the Holland BPW as a summary report. Final transmission line design and construction phases of the project may be assigned to the same team utilized for the preliminary design and route determine phase. GRP Engineering and our project team are prepared to complete are three phases from initial route selection through project design, construction and project closeout. We have included the scope of services, project methodology, our project team and qualifications, references, and fee structure with this proposal. We have included the Preliminary Execution Plan from our Right-of-Way Services subconsultant which comprehensively outlines the approach to easement acquisition. Preliminary schedule attached to this proposal provides for meeting a goal to complete route determination by end of February and initial ROW acquisition in March 2021. Proposed milestone dates are highlighted below: Proposed Project schedule: Project Kickoff December 14, 2020 Route Determination Submittal February 26, 2021 ROW Acquisition Start March 1, 2021 Design & Material Procurement April – December 2021 Transmission Line Construction April – October 2022 Holland BPW Provided Items This proposal is based on Holland BPW providing drawings and design documentation for the original 138kV South Holland Transmission Line and standard easement document template. Primary Contact Contact information for the primary contact for this project for GRP Engineering is listed below: Michael P. McGeehan, P.E. President/Project Manger 459 Bay Street Petoskey, MI 49770 231.881.9724 Direct 231.330.2900 Cell [email protected] We appreciate the opportunity to submit this proposal and look forward to being of service to you. Please contact me should you have any questions regarding this proposal. Sincerely, GRP Engineering, Inc. Michael P. McGeehan, P.E. President/Project Manger Enclosures 3300 Eagle Run Dr NE Ste 101 459 Bay Street Grand Rapids MI 49525 Petoskey MI 49770 P: 616.942.7183 www.grp-engineering.com P: 231.439.9683 F: 231.439.9698 F: 231.439.9698 Page 152 of 232 Page 153 of 232 Firm Qualifications GRP Engineering, Inc. was formed in October of 2003 as a power utility consulting firm to service a client base in Michigan. GRP Engineering's team of professional personnel bring many years of power utility and electrical engineering experiences with them. GRP Engineering excels in a full range of services required to plan, design, startup, operate, and maintain power utility and electrical facilities to assist our clients in meeting current needs and planning for future requirements. Currently, GRP Engineering is providing engineering services to over twenty municipal electric utilities and rural electric cooperatives within the State of Michigan. GRP Engineering maintains two offices, both within the State of Michigan, located in Grand Rapids and Petoskey. Engineering services provided for this project will be performed out of both our Grand Rapids and Petoskey offices utilizing experienced power utility engineers along with additional engineering support staff. We utilize long term relationships with sub-consultants for civil, structural, and geotechnical engineering to support these disciplines when required on projects. Staff team together between our offices to successfully complete substation, transmission & distribution line projects throughout our geographically diverse client base in the state. GRP Engineering also maintains a large library of software tools including AutoCAD, ESRI ARC-GIS, PLS-CADD, WindMil, LightTable, SKM Power Tools, and a proprietary line staking program for use throughout the project analysis, design and construction process. GRP Engineering’s staff maintain training through several sources including University of Wisconsin post-graduate design courses, IEEE and NSPE webinars, plus relay and equipment manufacturer sponsored events. South Holland 138kV Transmission Line GRP Engineering staff have an inherent knowledge of the South Holland Transmission Line as the Project Manager selected for this project was the design engineer responsible for the original line route selection, design, and construction oversight. Recent Transmission Line Projects GRP Engineering, Inc. and its design team have successfully completed multiple transmission line projects for municipal utilities in the State of Michigan. A representative list is provided below with project details included in the Project Experience section of this proposal. Zeeland Board of Public Works – Washington Substation Transmission Line (2020) Marquette Board of Light & Power – Transmission Line Route Study (2019) City of Sturgis – Transmission Line Route Selection (2019 – 2020) Holland Board of Public Works – Transmission Line Galloping Analysis (2019) Grand Haven Board of Light & Power – North to Sternberg Transmission Line (2019) Wyandotte Municipal Services – Transmission Line Standards (2018) Zeeland Board of Public Works – Riley Substation Transmission Line (2018) Grand Haven Board of Light & Power – Island to North Transmission Line (2018) Page 154 of 232 Project Team Engineering services provided for this project will be performed out of both our Grand Rapids and Petoskey offices primarily utilizing the following individuals. Additionally, the full engineering staff of GRP Engineering, Inc. will team along with experienced subconsultants to successfully complete all three phases of this project. Michael P. McGeehan, PE Nicholas M. Abraitis, PE Nicholas A. Winsemius Kelli Wodek Kurt Grebe Alex Lynch Route Selection, Design & Construction Administration Team Electrical Engineering GRP Engineering, Inc. Right-of-Way Land Services Contract Land Staff Surveying Westshore Consulting Geotechnical Engineering SME Civil Engineering Driesenga & Associates, Inc. Structural Engineering JDH Engineering, Inc. Michael P. McGeehan, PE – Project Manager Project management plus transmission line route analysis and design will be completed by Mr. Michael McGeehan. Mr. McGeehan has twenty-seven years of power utility consulting experience for municipal and cooperative utilities within the state specializing in design and operation of transmission & distribution systems. Mr. McGeehan has completed design and inspection of over 450-miles of overhead and underground distribution line plus transmission line route selection and design up through 138kV. Additionally, Mr. McGeehan has successfully completed multiple electrical system modeling projects and system studies including presentations to Utility Boards and City Councils/Commissions. Nicholas A. Winsemius – Electrical Engineer Assistance with transmission line route selection, design, and construction oversight plus protection system function testing will be completed by Mr. Nicholas Winsemius. Mr. Winsemius has over nine years of power utility experience in the municipal utility market specializing in transmission and distribution line design plus operation of electric utility substations and control systems. Additionally, Mr. Winsemius has power utility experience in electrical system modeling, operation, system studies and coordination, and SCADA system programming. Page 155 of 232 Nicholas M. Abraitis, PE – Project Engineer Substation protection scheme revisions, relay settings, and function testing will be completed by Mr. Nicholas Abraitis. Mr. Abraitis has ten years of power utility consulting experience for municipal, cooperative and privately-owned utilities within the state specializing in design and operation of electric utility substations and control systems, plus electrical system modeling, operation, system studies and coordination, and SCADA system programming. Kelli M. Wodek – Senior Engineering Technician Preparation of AutoCAD drawings, ArcMap GIS work, plus all project permitting will be completed by Ms. Kelli Wodek. Ms. Wodek has twelve years of power utility consulting engineering experience specializing in preparing project drawings, electrical system mapping, construction assemblies and material, plus FAA, MDOT, MDNR, EGLE, USFS, and local governmental agency permitting. Kurt H. Grebe – Senior Engineering Technician Preparation of AutoCAD drawings and field staking will be completed by Mr. Kurt Grebe. Mr. Grebe has over 17 years of experience in preparation of AutoCAD drawings and over 7 years of experience with construction field staking and inspections for power utility overhead and underground line construction. Alexander Lynch – GIS Developer Preparation of GIS maps plus retrieval of property data, land use information, and existing utility information and assistance with permitting will be completed by Mr. Alex Lynch. Mr. Lynch has over three years of experience in the electrical and communications utility industries with development and production of utility maps, property owner and land use research, plus governmental agency permitting for utility projects. Page 156 of 232 GRP Engineering, Inc. President/ Project Manager Michael McGeehan, PE 26 years Electrical Engineer Electrical Engineer Nicholas Abraitis, PE Nicholas Winsemius 10 years 9 years Senior Engineering Senior Engineering Technician Technician Kelli Wodek Kurt Grebe 16 years 17 years GIS Engineering Technical Technical Staff Staff Right-of-Way Services Geotechnical Engineering Contract Land Staff SME Civil Engineering Structural Engineering Driesenga & JDH Engineering Associates Surveying Westshore Consulting Page 157 of 232 Project Experience 2020 Zeeland Board of Public Works – Washington Substation Transmission Line Design, material procurement, bidding, contract administration, construction staking and observation for extension of a 69kV transmission line into Washington Substation. Transmission line constructed utilizing all self- supporting steel poles on caisson foundations and included CSX railroad crossing. Estimated Project cost: $545,000 (Currently out for Construction Bid) Coldwater Board of Public Utilities – Butters Avenue Substation Design, construction observation, start up, and function testing for a new 138kV to 13.8kV substation. Project includes two 138kV circuit switchers, two 30MVA power transformers, nine 13.8kV breakers, and three 13.8kV circuit exits, plus control house, panels, and SCADA connections. Estimated Project Cost: $4,713,000 (Currently Under Construction) Grand Haven Board of Light & Power – Grand Haven Substation Design, construction observation, start up, and function testing for an expanded 69kV to 13.2kV substation. Project includes four 138kV breakers, existing 40MVA and one relocated 20MVA power transformer, eleven 13.2kV breakers, and five 13.2kV circuit exits, plus control house, panels, and 69kV transmission line connections. Estimated Project Cost: $3,750,000 (Currently Under Construction) 2019 Marquette Board of Light & Power – Transmission Line Route Study Preparation of a 69kV transmission line route analysis and study for a second transmission line interconnection to ATC’s transmission grid. Analysis included over twenty criteria for thirty-six potential line segments to determine the preferred route through both rural and urban construction areas. Estimated total project cost: $3,500,000. City of Sturgis – Rural Substation Transmission Line Route Selection Route analysis, cost estimating, land owner contacting, public open house, conceptual line design, and cost estimating for new 69kV transmission line and distribution substation. Project proceeding with assistance on easement document preparation and execution for final route totaling 5.6 miles in length. Estimated total project cost: $4,800,000. Holland Board of Public Works – Transmission Line Galloping Analysis Analysis of 138kV transmission line serving the Holland Energy Center following conductor icing event, including verification of conductor installation meeting original design sag and tension, review of conductor movement envelopes (galloping), and structure deflection. Preparation of solutions to reduce conductor movement during wind and icing events. Page 158 of 232 Grand Haven Board of Light & Power - North to Sternberg Transmission Line Design, material procurement, permitting, contract administration, construction staking and observation for reconstruction of 7.4 miles of 69kV transmission line. Project permitting included CSX Railroad, FAA, MDOT, MDEQ, and County agencies. Construction cost: $2,600,000. Traverse City Light & Power – Barlow Switching Station Design, start up, and function testing of an expansion to a 69kV to 13.8kV distribution substation. Project includes new 69kV deadend structures, bus and breakers, 69kV circuit switchers, 13.8kV MOIS switches, control house & panels. Construction cost: $1,650,000 2018 Wyandotte Municipal Services – Transmission Standards Development of 69kV construction standards for various transmission assemblies to be utilized throughout the system which contained several differing configurations. Preparation of material lists and outage kits containing required material Zeeland Board of Public Works – Riley Substation Transmission Line Design, material procurement, bidding, contract administration, construction staking and observation for extension of a 138kV transmission line and reconfiguration of two 69kV transmission lines at Riley Substation. Construction cost: $150,000 Grand Haven Board of Light & Power – Island to North Transmission Line Design, material procurement, permitting, contract administration, construction staking and observation for reconstruction of 2.25 miles of 69kV transmission line and distribution line underbuild. Project permitting included CSX Railroad, FAA, MDOT, MDEQ, and County agencies. Construction cost: $895,000. Traverse City Light & Power – Parsons Road Switching Station Design, construction administration, start up, and function testing of an expansion to a 69kV to 13.8kV distribution substation. Project includes new 69kV deadend structures, bus and breakers, 69kV circuit switchers, 13.8kV MOIS switches, control house & panels. Construction cost: $1,800,000 Bay City Electric Light & Power – Trumbull Substation Design and construction standards development for substation replacement project including a 4-bay 46kV deadend structure, 46kV to 8.32kV power transformer, plus four 8.32kV regulator installations, reclosers, and underground circuit exit structures. Page 159 of 232 References Grand Haven Board of Light & Power Grand Haven, Michigan Rob Shelley Distribution/Engineering Manager 616-607-1263 Zeeland Board of Public Works Zeeland, Michigan Tracey DeKraker Electric Transmission & Distribution Manager 616.772.6212 City of Sturgis Sturgis, Michigan John Griffith Electric Superintendent 269.659.7218 City of Marshall Marshall, Michigan Ed Rice Director of Electric Utilities 269-558-0329 Lowell Light & Power Lowell, Michigan Steve Donkersloot General Manager 616-897-8402 Page 160 of 232 Scope of Services GRP Engineering and our project team will complete the tasks for the South Holland 138kV Transmission Line Relocation as outlined in the Request for Proposal dated October 15, 2020 as detailed for each phase below and expanded in the Right-of-Way Services Execution Plan including assumptions listed therein. Preliminary Engineering & Route Determination (Phase 1) The project team including transmission line design engineers, engineering technical staff, GIS technician, and right-of-way acquisition consultant will work through Phase 1 to successfully determine the preferred roue for the new 138kV transmission line. The initial process will include obtaining aerial photography of the potential route areas, submitting Miss-Dig design tickets to determine existing below grade utilities, researching publicly available property records, and investigating land information through GIS layering including wetlands, cultural, historical, recreational features, soils and geology. Route analysis criteria will be established to utilize throughout the route selection and recommendation process. The number of factors reviewed for each line segment and potential route will likely exceed 20 criteria. An initial review of potential routes will be completed based on aerial photography and GIS data obtained by the team. Viable routes will be determined from this initial review including discussions with Holland BPW staff and their proposed five routes. The project team will contact property owners along viable routes to obtain rights-of-entry. Following approval to enter properties, a full field review of each viable will be completed by the transmission line design engineering staff. Information gathered from the field review will be compiled and reviewed against established criteria for route segment. Additionally, verification of record construction drawings for the existing South Holland 138kV Transmission Line vs as-built conditions will be completed. Data for each line segment and route will be entered into a matrix for analysis and ranking. Included with the analysis will be review of overhead vs underground on each route, construction and maintenance costs, number of easements and schedule for acquisition. This ranking system will be utilized to determine the recommended route. Following selection of the recommend route, an initial ground survey of the proposed centerline will be completed. This will be the basis for completing preliminary transmission line design including structure placement, determination of tangent and angle structures, proposed structure heights for utility, roadway and railway crossings. A 3D rendering of the proposed line will be prepared in Google Earth KMZ file format. Project cost estimates, schedules, permitting requirements, easement widths and danger tree evaluation widths will be completed following conclusion of the preliminary line design. This information will be compiled into a report format and presented to the Holland BPW for review. Revisions, as required, will be completed and a final Recommended South Holland 138kV Line Route Study will be submitted. Page 161 of 232 Preliminary Engineering & Route Determination – Scope of Services (Phase 1) Project kickoff meeting with Holland BPW staff. Obtain aerial photography of potential routes to be reviewed. Submit design Miss-Dig ticket to determine below grade utilities. Obtain and review drawings and design documentation for existing South Holland double-circuit 138kV transmission line to ensure accuracy with as-built conditions. Research property records for each line route reviewed. Prepare route analysis criteria including land use, environmental, permitting, number of properties affected, utility conflicts, visual impacts, cultural features, future access and maintenance, and construction costs. Determine viable routes based on analysis criteria including overhead and underground options. Obtain Rights-of-Entry for parcels requiring field review, analysis, and survey. Complete field review for viable routes assessing each based on analysis criteria including terrain, existing building, surface feature, and utility conflicts. Complete route analysis based on selected criteria and determine a recommended route. Initiate property owner contacts and/or meetings with affected parties along recommended route. Preliminary ground survey of the recommended route. Complete preliminary transmission line design in PLS-CADD. Design to include proposed structure placement, determination of tangent and angle structures, proposed structure heights at utility, roadway, and railway crossing points. Deliverables to include 3D rendering in Google Earth KMZ format. Establish easement parameters based on preliminary design including danger tree evaluation width, and estimated dollar amount of encumbered area. Prepare project cost estimate including easement, material, vegetation clearing, construction, and existing line modification/removal costs for a minimum of three routes. Revise project schedule based on selected route, permitting requirements, construction constraints and preliminary design. Prepare Transmission Line Route Study report including criteria utilized for analysis, route drawings, design considerations, project cost estimates and schedule, list of required permits, and project plan. Route Study review meeting with Holland BPW staff. Revise and submit final Transmission Line Route Study. Assumptions: 1. All structures will be tubular steel direct embed for tangent locations and self-supporting on caisson foundations for line angles. 2. Since Fair Market Value study is not required until Task 2, dollar amount for area encumbered on each parcel will be based on publicly available information on property value. Page 162 of 232 Design Engineering, Material & Construction Bidding (Phase 2) The initial steps in the design phase will be to complete a full topographic survey and perform wetland delineation on the established line route. Concurrently, several steps for securing easements will be completed including boundary surveys, title searches, and Fair Market Value determination of each parcel. The right-of-way services team will prepare the easement documentation based on templates provided by the Holland BPW. The team will meet with each property owner, secure all required signatures, record easement documents, and ensure payments are promptly made to each land owner. Geotechnical investigation will be completed along the line route with soil borings completed at angle structure locations. A total of ten soil borings are included in this proposal along with a full geotechnical report. Final transmission line will commence upon receipt of the topographic/LIDAR survey and geotechnical report. Transmission line design engineering and technical staff will finalize structure layout, heights, conductor assemblies, galloping and vibration analysis, and foundation design. Drawings for construction access drives, if required, will be prepared and reviewed with the individual property owners. Permitting will be completed in logical fashion with those requiring the longest time for processing completed first. This includes both railroad and joint EGLE/USACE permits. Since structure height will be impacted by the proximity of the east-west runway at West Michigan Regional Airport, submittal of FAA & MDOT Aeronautical permitting will also be completed during this design phase. Since permits such as MDOT and Road Commission Permits are generally not issued until construction phase, discussions and review meetings will be held with these entities to ensure their requirements are included in the design and bid documents. Following completion of transmission line design, material procurement contracts will be prepared for steel structures, conductor, insulators, and line hardware. Transmission line design engineering staff will prepare the material specifications, EJCDC bidding documents, assist with bidding, evaluation, award, and shop drawing review for all Owner-furnished material. Construction bidding documents based on EJCDC latest version will be prepared to include access drive construction, vegetation removals, foundation installation, line construction and modifications to the existing transmission line, and site restoration. The project team will prepare the specifications, bidding documents, attend pre-bid meeting, assist with bidding, evaluation, and award. Page 163 of 232 Design Engineering, Material & Construction Bidding – Scope of Services (Phase 2) Project administration (maintain correspondence & meeting minutes.) Project planning & control (maintain project schedules & cost estimates.) Topographic & LIDAR survey for the selected line route. Wetland Delineation along the selected line route. Complete the following for each parcel where easements are being obtained: o Boundary survey o Title search o Determine Fair Market Value o Meet with each property owner o Prepare easement drawings and documents (based on Holland BPW template) o Review and obtain signatures on easement documents o Record easements and return copies to Holland BPW and property owners o Ensure payments to property owners are completed. Ten soil borings to a depth of 40 feet below grade and preparation of a geotechnical report. Detailed transmission design engineering for new 138kV line and modifications to the existing South Holland 138kV transmission line. All transmission line design will be completed in PLS-CADD and will meet current National Electric Safety Code (NESC) design requirements. Complete distribution line design as required for modifications to Holland BPW distribution lines affected by transmission line construction. Preparation of plan & profile drawings showing property owner information, surface features, wetland delineation, and other pertinent information for project construction. Complete drilled pier foundation design for self-supporting steel structures. Preparation of drawings for access drive construction and removal as required. Preparation of construction assembly drawings meeting Holland BPW standards. Three (3) design review meetings with Holland BPW staff (60%, 90%, & Construction Bid Set) Meetings with affected property owners along the new line route and existing line where modifications are required. Preparation and processing of required permits including the following. (Permit fees to be paid by Holland BPW.) o FAA o MDOT o EGLE o Railroad o SESC o Drain Commission o County Road Commission Preparation of material list. Page 164 of 232 Assist Holland BPW with major material procurement including bid document preparation, specifications, bidding, evaluation, and award. o Steel Transmission Structures o Conductor o OPGW o Insulators o Line Hardware Review & process all Owner-furnished material shop drawings. Prepare construction technical specifications. Preparation of one construction contract plus assistance with bidding, pre-bid meeting, bid evaluation, and award. Prepare executed construction contract including Contractor’s bid, bonds and insurance. Printing & shipping of all required construction drawings sets. Assumptions: 1. All structures will be tubular steel direct embed for tangent locations and self-supporting on caisson foundations for line angles. 2. Proposal is based on securing all easements through “Good Faith” efforts and does not include eminent domain proceedings. 3. Ten (10) soil borings are included in this proposal. Should additional borings be required for additional angle structure foundation design, costs will be added for each addition boring. Page 165 of 232 Construction Administration Phase (Phase 3) The project team will continue to manage the 138kV South Holland Transmission Line project for the Holland BPW into the Construction Phase. A pre-construction meeting will be held including the successful contractor and their sub-contractors, right-of-way personnel, design engineer, construction survey team, permitting agencies, and Holland BPW staff. Construction staking will include easement limits, clearing limits, access drives, and transmission line structures. The Right-of-Way Services team will meet with affected land owners individually for a final review of the project construction scope and schedule on their property. A design engineer will be on-site a minimum of once per week to attend coordination meetings between the Holland BPW and construction contractors, and to review construction for compliance with engineering drawings and specifications. On-site construction observation will be completed at critical times including initial foundation installation, initial structure setting, conductor stringing, energization and phasing. The design team will prepare new relay settings for both the existing 138kV transmission line and the new 138kV line, both at Industrial Substation and South Holland Substation. A work plan will be developed for required outages on the existing 138kV line for connection of the new transmission line. This plan will be developed to minimize outage time, reduce premium time for the contractor, and provide sufficient time for protection equipment function testing at both substations. The foundation for this work plan will be prepared during initial route selection and preliminary transmission line design as outage time will need to be minimized and targeted for light loading periods. The schedule included with this proposal projects new line energization in October of 2022. Following energization of the new transmission line into South Holland Substation, final modifications will be made to the existing line to re-establish the 138kV loop. This will include removal of unnecessary phase conductors on the existing line if requested by the Holland BPW. Once modifications are complete, the project team will perform a final review of the transmission construction and issue punch lists, plus oversee removal of access drives (if required), site restoration, and receipt of damage releases from affected property owners. As the conclusion of the project, the project team will provide a record drawing package for both the new transmission line and modifications to the existing line, plus construction observation and testing reports. All necessary contract close-out documents will be prepared including approval of final contractor invoicing and change- orders (if required.) A final project review meeting will be held with the Holland BPW to evaluate the successful completion from initial route review and determination, through design, permitting, and construction. Page 166 of 232 Construction Administration Phase – Scope of Services (Phase 3) Attendance at one preconstruction meeting. Review & process all Contractor-furnished material shop drawings. Transmission line construction staking including easement limits, clearing limits, access drives, and structure placement. Meetings with affected property owners prior to construction commencement including access drive and vegetation clearing work. On-site representation at critical times by design Engineer during construction. Coordination between Holland BPW, construction contractors, and other affected projects and parties. Monitor and verify construction compliance with engineering drawings and specifications and all NESC requirements. Preparation of weekly inspection reports, which will include contractor performance and any work quality issues. Relay setting calculations for revised line configurations plus function testing of affected substation protection and control schemes at both Industrial Substation and South Holland Substation. Coordination and on-site representation during 138kV line outages. Final inventory and inspection and preparation of punch lists and energization release forms for the new 138kV transmission line. Obtain damage releases from all property owners impacted by construction. Process all contractor invoicing and change orders (if required.) Prepare all necessary contract close-out documents. Provide record drawings including two (2) bound sets, plus files in AutoCAD 2014 format, PLS-CADD and PLS-POLE backup files. Assumptions: 1. All concrete testing to be completed by independent testing firm contracted directly to the Holland BPW. 2. Proposal is based on ten (10) weeks of construction at twenty hours per week per the requirements stated in the RFP. Page 167 of 232 HOLLAND BOARD OF PUBLIC WORKS SOUTH HOLLAND 138KV RELOCATION PREPARED FOR: MICHAEL P. MCGEEHAN GRP ENGINEERING, INC. 459 BAY STREET PETOSKEY, MI 49770 PRELIMINARY EXECUTION PLAN Submitted by: Jon Clark, PMP® Vice President, Utilities Office: 614-470-5702 Mobile: 765-661-1252 [email protected] Page 168 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan Contract Land Staff, LLC Proposal GRP Engineering and the HOLLAND BOARD OF PUBLIC WORKS Contract Land Staff, LLC (CLS) offers the information herein for consideration by GRP ENGINEERING for the HOLLAND BOARD OF PUBLIC WORKS SOUTH HOLLAND 138kV RELOCATION PROJECT. Scope of Work CLS will perform right-of-way services to support GRP Engineering on the Holland Board of Public Works 138kV Relocation Project. The assumptions in this scope are based on the assumed route of “Plan 3”, which includes 32 different tracts, 23 landowners, 2 railroad crossings, 1 road crossing and two DOT crossings. Phase 1 Tasks • Project Kickoff Meeting: CLS Representatives will attend a project kickoff meeting with Holland Board of Public Works (“BPW”) and GRP – either virtually or in-person • Land Acquisition Plan: After the Kickoff Meeting, CLS will create a Land Acquisition Plan to be reviewed by GRP and the Holland Board of Public Works. The Land Acquisition Plan will define the overall Right of Way acquisition plan as well as the process and procedures including, but not limited to, the following: o Title Requirements and Process o GRP/CLS Organizational Chart o Landowner Records, Notes, and Retention o Easement Document Creation Protocols o Easement Payment Protocols o Recording Protocols o Construction Provisions o Construction Support Protocols • Initial Line List: CLS will create the initial line list by pulling current tax cards for each identified landowner and parcel. • ROE’s and Landowner Contacts: CLS suggests obtaining signed right of entry (rather than mail-out notifications) to allow for agent/landowner interaction to create positive rapport for the project and identify potential landowner issues to begin an early appraisal list. CLS will obtain Right of Entry Permission and begin initial contact with property owners, as necessary, for field route review and survey activities. These ROE’s will be required prior to surveys or other activities being completed on private properties. • Easement Parameters: CLS will assist GRP with establishing easement parameters (widths, danger tree evaluation widths, identifying existing obstructions/encroachments, etc.) • Route Review: CLS will provide additional input on recommended route and review of study report. • Easement Valuation: CLS will provide a high-level market valuation for each parcel to determine easement values using publicly available data including county tax assessor information, Zillow.com, Realtor.com, etc.; no appraisals will be conducted. • Acquisition Matrix: CLS will provide a proposed Acquisition Matrix to GRP and the Holland Board of Public Works to assist in negotiation/easement acquisition parameters for each parcel. The proposed Acquisition Matrix will also include cost estimates to reconcile with known improvements in the proposed easement areas. • CLS LiNK/MAPS Set-up: 2 Page 169 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan Phase 2 Tasks • Title Research: Vested ownership is required for creation of easement agreements and exhibits since they are legal, recorded documents. The report will include copies of all liens, easements and encumbrances that may impact property rights. CLS assumes marketable title research will be required on any greenfield portion of the project to ensure all encumbrances are identified to avoid risk to the project. CLS will create a 30-year marketable title report for each parcel to verify ownership and identify any known encumbrances over the last 30- years. (Please note: This is not an insured title policy.) • Prepare Easement Agreements and Offer Packages – Using Client-approved easement templates, easement agreements, surveyor-produced exhibits, and supporting documentation, CLS will create the document and submit to GRP and the Board of Public Works for review prior to presenting to landowners at the start of negotiations. Agreements may include temporary and permanent easements, access roads, and any required laydown yards. Survey exhibits will be provided to CLS by GRP’s subcontracted Survey Firm. • Access Roads and Laydown Areas: CLS will assist with identification of Access Roads and Laydown Areas and will do a field walkdown with GRP and/or the Construction Team using their knowledge of the landowners to provide input for the most advantageous placement of these areas of access. • Good Faith Negotiations: CLS will begin good faith negotiations with landowners for voluntary acquisition. ”Good Faith” efforts are typically a minimum of three (3) negotiation attempts within a 90-day period of the initial offer. At the conclusion of the good faith negotiation period (or an alternative period specified by the Holland Board of Public Works), files for any remaining landowners (with whom negotiations are at an impasse) will be turned over to GRP and the Holland Board of Public Works to begin eminent domain proceedings or arbitration by their legal counsel. Once easements are acquired and/or files are turned over to legal, the acquisition phase will be considered complete. • Recording of Documents: CLS will record executed documents in the County Recorder’s office. • Landowner Payments: CLS will submit the request for payment to the Board of Public Works, (including a copy of the executed agreement and signed W-9) and will deliver final payment to the landowner after the Board of Public Works issues the check. At the discretion of the Holland Board of Public Works, CLS has the ability to establish a positive-pay trust account to help facilitate the acquisition of ROW. The ability to make direct payments to landowners improves the flexibility of our operations and adds significant value to our clients. The purpose of this policy is to balance the need for flexibility in the field with the need to ensure the security of the assets of our clients. Phase 3 Tasks • Construction Support: CLS will serve as the construction liaison between construction crews and the landowners, ensuring that landowners are treated respectfully and professionally to help reinforce the positive reputation of Holland BPW and GRP. • Damage Payments and Damage Releases: CLS will take pictures of each individual property pre- and post-construction to justify damage claims and to ensure completion of restoration activities. CLS will submit a Damage Claim Form to the Holland BPW, if necessary, and obtain signed damage release forms from affected property owners. 3 Page 170 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan Optional Strategies to Help Expedite Acquisition Schedule: CLS suggests utilizing GIS driven sketches with a memorandum of option/option agreement to acquire line rights with a 10% non-refundable down payment. CLS suggests pulling Vesting Deeds to acquire options while we pull marketable title in the meantime to allow an expeditious schedule and working parallel paths to ensure critical paths are met. 4 Page 171 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan INTRODUCTION Founded in 1985, Contract Land Staff, LLC (CLS) has been involved in planning, managing and executing hundreds of ROW acquisition projects throughout North America, including pre-acquisition, acquisition, and construction support activities for more than 2,000 parcels located in the State of Michigan. As we work alongside the Holland Board of Public Works and GRP Engineering on this project, CLS will modify the Right of Way Execution Plan as appropriate. Working together with the entire Project Team – GRP Engineering, the surveyor, and the Board of Public Works, we have no doubt that we will be able to provide the deliverables and accomplish the scope of work on schedule and on budget. PROJECT KICKOFF WITH GRP and HOLLAND BOARD OF PUBLIC WORKS Holland BPW Expectations CLS will meet with GRP and the Holland BPW to clarify Holland BPW’s protocols, documents, guidelines and expectations for project execution and reporting. We will discuss 1) potential aspects of the Project (including the potential for a virtual or live Open House)) 2) how to document and interpret the resulting feedback from that event, 3) any known issues unique to the proposed route(s), and 4) expectations for deliverables. This information will serve as the basis for any internal training CLS will conduct with our agents and for customizing our COMPASS™ Project Management System to the specific needs and goals of GRP and the Holland BPW on this 138kV relocation Project. Communications Plan The CLS Project Lead will, at a minimum, meet weekly with GRP and the Holland BPW designated project team members to ensure constant and open communications and to confirm that deliverables and tasks are on schedule. Weekly status reports will be prepared and distributed to all team consultants and to the project team, as designated. Safety meetings and tail-gate safety checks will be conducted, daily. Agent Requirements: CLS conducts background checks and drug testing of all employees before they are hired and issued field badges. Random drug tests of all employees are also conducted on a regular basis. All acquisition agents will hold a valid State of Michigan Notary license and will adhere to the requirements of said license. TITLE, LINE LIST AND SURVEY Title CLS will perform title research to determine current ownership and run the records forward to include any subsequent deeds in the chain of title. Depending on the project needs, this could be a 30-year marketable title effort, with encumbrances, or solely a current vesting title effort, strictly to determine current ownership without encumbrances. Regardless, any title anomalies affecting 100% ownership and requiring corrective or curative measures will be immediately brought to GRP and the Holland BPW’s attention along with a plan for remedy. CLS recognizes that regardless of the type of title required, it may be necessary to do additional research to provide a full legal description. 5 Page 172 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan Additionally, should a title commitment be needed from a local title company, CLS will consult with the Holland BPW’s to determine preferred providers, and engage the services of said firm(s) to provide the commitment. Line List This title effort will serve as the basis to update the Line List that will be created by CLS and the Surveyor once the final route is announced. The Line List will include the (i) Parcel Number (ii) Landowner, (iii) Contact Information including Name, if different from Property Owner, Address, Telephone Number and E-mail, (iv) Deed reference, (v) Property ID (tax map number), (vi) Acreage to be Acquired, (vii) Property Acquired Date, (viii) Property Acquired Amount, (ix) Type of Property, and (x) additional information as required by Holland BPWs. Survey Permissions CLS will strive to obtain written survey permission from all affected landowners. This initial meeting provides an opportunity for CLS to build a positive rapport with the landowner, educate the landowner about the project, identify any encroachments or obstructions, and identify any access concerns. This initial meeting will set the stage for positive negotiations during the acquisition phase of the project. Should written survey permission not be granted, CLS will mail out the appropriate survey notification letter. Survey Support It is anticipated that survey permitting may be ongoing at the time surveyors need to begin their field work. If this is the case, CLS will continue the survey permitting activities while an assigned agent supports the field survey activities. An agent or agents will be assigned to support civil surveys, environmental walk-through surveys, access road usage, line change surveys, geotechnical surveys or any other activities being performed in the field. This will help keep the agent abreast of any issues regarding routing, obstructions, or landowner issues to better ensure the agent is fully aware of the issues at hand when the agent subsequently meets with the landowner to negotiate an easement. The agents assigned to survey support shall meet daily with the field survey team leaders. All parties will be provided with a current Line List, listing all restrictions and notations of importance to the agent or the landowner. The following topics, at a minimum shall be discussed at the daily survey coordination meetings: • Parcels that have received landowner approval, • Parcels that have been denied access, • New and existing conditions and restrictions, • Status of the field surveys completed, • Notification to landowners who requested to be present during the surveys, • Upcoming potential hazards/concerns and safety issues, and • Plan for the following days activities to make landowner notifications. All landowners will be notified at a minimum of 24 hours prior to surveyors entering onto the landowner’s property. While it might seem burdensome to gain the actual reconfirmation of consent we have a responsibility to the landowners and surveyors to do everything we can to avoid miscommunications or misunderstandings about the survey process. This will help ensure positive relationships as we progress to the easement negotiations phase of the project. 6 Page 173 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan The agents specifically assigned to survey support will regularly communicate with the relevant survey teams. All parties will be provided with a current Line List, and the survey team will routinely review and communicate the updated status of the survey permissions, restrictions and notations of importance to the agent or the landowner, potential hazards or safety issues, landowner notifications, and any other relevant issues. The appropriate survey status, restrictions, and detailed contact reports will be captured in CLSLiNK®. Right of Way Database CLS has developed a sophisticated yet easy to use ROW project tracking and management database which is fully integrated with our GIS-enabled solution for successfully managing projects and providing visual tools. These applications – CLSLiNK® and the CLSLiNK GIS® Viewer – represent the most comprehensive land records management, tracking and GIS digital mapping software solutions in the industry. They are web-based and accessible 24/7 by our clients and project team members (e.g., legal, environmental, engineering), providing a host of functions and information that enables personnel to stay abreast of progress and make decisions based on up-to-date and reliable data. CLSLiNK is used to capture all data for the project and serves as the sole reporting tool, eliminating the need for reports generated from Excel, Access, or other applications. CLSLiNK can record and present: • Names and addresses/phone of landowners, stakeholders, tenants • Legal descriptions and acres of impact • Milepost and structure numbers assigned to each tract • Permits acquired or yet to be acquired • History of communications with landowners and stakeholders through contact diaries • Fee and easement negotiation status • Offers and counter offers to landowners • Parcels acquired and those yet to be acquired • Easements recorded and dates recorded • Damages paid, dollar amounts • Project budget • Scanned documents and images • Parcel shapes, route drawings, maps and aerial imagery, and other GIS data • Any other necessary data to track or documents to capture for the project CLSLiNK provides project managers and project personnel with web-based, real-time reporting and mapping at every level/phase of the project, as well as line lists, permitting data, construction line list with landowner restrictions, budgeting and cash flow forecasting and estimating (projected and actual), landowner payment histories, contact diaries and flexible reporting tools. The system allows us to track project progress (including but not limited to voluntary permission status, title procurement status, document preparation, easement acquisition tracking, appraisal status, permitting, damages, easement recording, possession timeline, etc.) and the performance of our agents to ensure adherence to schedule, timely entries and quality of work. 7 Page 174 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan PREPARING FOR ACQUISITION Procedures/Documentation CLS has developed and implemented a “baseline” copyrighted Project Management System that is customized to reflect the unique needs, goals and objectives of each project. The CLS COMPASS Project Management System is the end result of the combined input and hands-on experience of the CLS officers, managers and project employees. This document codifies the guiding principles and project-specific procedures upon which agents are trained and by which performance is managed. Document Preparation CLS has extensive experience in drafting all pertinent file documents and letters for our projects. CLS uses Administrative Land Specialist professionals who are experts in facilitating the preparation of documents, letters and other forms to be used on the project. Two sets of hard-copy files are maintained – a permanent office file and a working field file for the agents. All documents and supporting information such as offers, letters, correspondence to and from stakeholders, maps and any other documents associated with the file are stored in the permanent office file and scanned and uploaded into CLSLiNK, available 24/7 to project personnel. Agent Training CLS agents are continually trained in industry best practices, state-of-the-art CLS technology, and corporate process and procedures to maintain preparedness for immediate project deployment. Client and project- specific training needs are assessed prior to project kickoff and are included in the project kickoff training. CLS Project Leads ensure field agents receive supplemental training as needed throughout the project on any Holland Board of Public Works required processes, procedures, or requests. Weekly Project Update Meetings The CLS project manager will attend all project team meetings and report to GRP and the Holland Board of Public Works on a weekly basis. We will discuss cash flow forecast, acquisition forecast, landowner issues, easement language revisions, re-routes, appraisal and survey exhibit coordination, staffing and any other items of importance to the Holland Board of Public Works. Specifically, the CLS project manager will create, manage and update real estate cost estimates and cash flow forecasts, update real estate schedule and present at these meetings or at any other time as might be requested by the Holland BPWs. Project Staffing CLS utilizes only W-2 employees, not independent contractors, to staff ROW projects, except for subcontractors such as appraisal companies, surveyors, and title companies. This approach ensures protection for GRP and the Holland BPW from co-employment, worker’s compensation, and other significant liability issues inherent with providers utilizing independent contractor labor. CLS is accustomed to staffing projects nationwide, including those that traverse urban, rural, state, and federal lands, and we select the personnel that will best fit the needs and requirements of the project. Project staffing is accomplished by drawing upon our extensive staff of experienced ROW agents and title professionals, as well as hiring and training qualified individuals with ROW-related skills such as a real estate background or title company experience. CLS has worked in the State of Michigan for many years and have additional access to other local or semi-local employees in the area. 8 Page 175 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan EASEMENT AND LAND RIGHTS ACQUISITION CLS believes that upholding GRP and the Holland Board of Public Works public image is paramount. In the field, CLS, and ultimately the entire Project Team as well as the City of Holland, will be judged by how we interact with the public. Therefore, our staff understands that conducting our business with the highest degree of professionalism is critical to the success of this 138kV Relocation Project. Easement Forms Easement forms are generated from our CLSLiNK database, from the information obtained from the LTC. Ownership and legal descriptions are merged into the pre-approved easement agreement; this mechanism eliminates errors that can arise from individually created easement agreements, as the information in CLSLiNK will have already been input and verified with quality control checks. Preparing Easement Packages CLS will gather the easement forms and all other associated documentation provided by the City of Holland for assembly into individual landowner offer packets. Easement Packages for the Project will include: • Current tax card indicating property tax status • Three copies of the easement with signed and sealed survey exhibits attached and “sign here” and “Notary” flags where applicable • Copy of the current vesting deed proving 100% ownership • Payment schedule • W-9 form(s) • Pre-construction damage form • Secretary of State information (if business) • Other information as may be requested by the City CLS will assemble these documents into folders and send them by certified mail with return receipt to each landowner and absentee landowner or deliver them in person as opportunity allows. We will document the deliveries in CLSLiNK. Document Control and Records Management Under no circumstances will documents be prepared or revised by a ROW agent. Changes to documents will only be made by the designated person--typically the Project Manager. Agents will provide copies of the revised documents to their Designated Supervisor immediately. The following, excerpted from the CLS procedures manual, is an example of what will be used for this project. This process will maintain quality and consistency in document creation, preparation, execution and record management: • All ROW forms shall be prepared and checked thoroughly before being issued to agents. All offer documents will have been prepared under the direction of the Project Manager. Even so, our agents will make a final check of all documents prior to mailing the initial offers and the subsequent visits with landowners or their representatives. • Agents will be thorough and accurate when executing documents. Agents must ensure that grantors sign the agreements in the form indicated on the Title Policy or commitment. Also, wherever possible, 9 Page 176 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan agents should have the check made in the same name as is shown on the easement, and likewise, the W-9 should exactly reflect the information on the check. Husband and wife should both join in signing, where applicable, in the presence of a notary. Returning to a landowner because of improper signatures is often costly. In the event that the landowner desires not to elect to receive the payment, as is the case when there are life estates, trusts and multiple heirs, then a Payment Authorization must be executed to have a paper trail/audit system to indicate why the landowner was not paid for their proportion of proceeds for the transaction. To avoid costly errors, the agent must be sure that all documents are properly signed, witnessed and acknowledged. • All signatures, witness signings and notary acknowledgements shall be performed pursuant to the applicable laws of the State of Michigan. • The CLS ROW agents will act as witnesses to signatures of landowners on agreements and are to secure proper Notary Public acknowledgement, thus making the document a contract suitable for recording in the County Records. • Two fully executed “original” documents and associated paperwork shall be turned in to the Field Office or forwarded by overnight delivery no later than 24 hours following execution or a landowner visit, or as promptly as reasonable after signing. It is preferred that these documents be turned in no later than 9:00 a.m. on the morning following the document execution or visit. • A third copy will be left with the Owner. • Immediately following each visit to a landowner or any telephone conversation, the agent shall prepare a contact diary according to the instructions provided at the CLS kickoff training session. • While it is preferable that all contacts with landowners will be made in person, in some instances, including non-resident owners, agreements must be handled by mail. The Field Office will coordinate these efforts, with the assistance and cooperation of the agent. All transmittal of legal documents shall be done by certified mail with return receipt or by overnight delivery. The Holland BPW shall provide guidelines relative to negotiations with landowners and determine when and how tracts shall be considered for the eminent domain process. Agents will be instructed to make continued efforts to negotiate agreements with all landowners until those criteria for condemnation have been met and the tract file has been referred to the Holland BPW project legal staff. From that point forward, agents will contact the landowners only as directed by counsel. Acquisition of Temporary Easements If needed, CLS will work with the construction contractor to secure temporary easements for additional work space adjacent to the ROW. CLS will record and track these negotiations in our project management database and CLSLiNK GIS Viewer. Optional Establishment of Trust Account CLS has the ability to establish positive-pay trust accounts to facilitate the acquisition of ROW on behalf of our clients. The ability to make direct payments to landowners improves the flexibility of our operations and adds significant value to our clients. The purpose of this policy is to balance the need for flexibility in the field with the need to ensure the security of the assets of our clients. All CLS employees who have signature authority for Trust Accounts are responsible for understanding and complying with the Trust Account Procedures. Failure to follow these procedures may result in disciplinary 10 Page 177 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan action. Acts which intentionally subvert these procedures may be considered theft by fraud and will result in immediate termination. Check Issuance Trust Accounts are established and maintained by the CLS accounting manager and funded by the client. Trust Accounts are established with at least two signers – these are typically either the CLS Officer in Charge or project manager/supervisor and land agents who will have responsibility for distributing funds to landowners. Should the Holland BPW choose to pursue a Trust Account, CLS will be responsible for compiling and sending out all 1099 forms for the project. 1099 Forms CLS will be responsible for compiling and sending out all 1099 forms for the project. Negotiation Process The CLS field agent will review the initial offer with the landowner on the initial face-to-face visit and will document the offer and landowner’s response. If the offer is deemed insufficient, the agent will attempt to obtain a counteroffer from the landowner, and the agent should be pre-authorized to negotiate the best deal possible within project parameters. CLS will attempt an average of three face-to-face meetings to secure the easement, or as long as negotiation talks are beneficial to both the parties and are moving the transaction forward to execution. If negotiations reach a stalemate, a final offer will be presented to the landowner. If negotiations reach a stalemate, upon instruction from GRP and the Holland Board of Public Works, a final offer will be presented to the landowner. CLS agents will document all contacts with landowners by entering contact diaries and any written correspondence into the CLSLiNK GIS Viewer no later than 9:00 a.m. of the morning following the contact. These contact diaries will then be reviewed by the CLS project supervisor or other designated person for approval by noon of that day, which makes the notes available for viewing by project team members. In the event a contact diary is inappropriate, incomplete, or unclear, it is routed back to the agent for correction and re-submittal. Contact diaries do not become part of the permanent record until the modified contact diary is subsequently approved. In the event the landowner is not local, the initial offer package will be mailed by certified mail or through overnight mail for documentation of receipt by the landowner. The agent will attempt to notify the landowner before the package is mailed and will follow up with a call to discuss the offer within three days of the mailing of the offer in the event the landowner does not call to discuss the package. Every effort will be made to amicably negotiate with landowners within established project parameters. In the event the agent is unsuccessful in their negotiations, the CLS project manager or, if needed, the CLS OICwill personally meet with the landowner to ensure that every attempt is made to reach an agreement outside of eminent domain. CLSLiNK will track the status of the negotiations, whether with landowners or absentee landowners, with the following information at a minimum. However, our database management system is capable of tracking anything with a date component, including but not limited to: • Survey permission status granted/denied/pending • Civil/environmental field survey statuses • Title completed/reviewed status • Plats received/reviewed status 11 Page 178 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan • Date the offer packet was provided to agent to begin negotiations and agent name • Date the initial offer was made • Date and amounts of City or landowner counteroffers • Detailed contact diaries with the landowners/agency • Restrictions or modifications to the landowners/agency agreements • Damage payments • Date the agreement/permit was executed • Term of the agreement • Amount paid for the agreement • Date the agreement was recorded • Recurring payment obligations • Appraisal amounts Once the negotiations reach agreement, the CLS agent will obtain landowner signatures, issue payment, and bring all signed documents to the project office for QA/QC, scanning, and filing. Following QA/QC, CLS will send the necessary recordable documents to the appropriate County Courthouse for recording. Quality Assurance – Contact Diaries The following is an excerpt from the CLS procedure manual and will be incorporated into the process management procedures for this project. When the agent returns the executed documents to the project office, they will give them to their Supervisor to be checked for proper execution. If items are missing or not executed correctly, it becomes that agent’s top priority to resolve the issue in as little time as possible. After the documents have been checked and approved, they are given to the Administrative Land Specialist to input the documents into the landowners digital and hard copy file. Agents shall report each activity in a contact diary using the CLSLiNK GIS Viewer. An activity is interpreted as any of the following interactions: • Direct face-to-face meetings with landowners, tenants, or other persons associated with a specific ROW tract; • Telephone discussions with landowners, tenants or other persons associated with a specific ROW tract; • E-mail communications with landowners, tenants or other persons associated with a specific tract (note that copies of all such electronic communications are scanned and pasted into the body of the contact diary); • Any attempted contact with persons associated with any tract such as by unanswered telephone call or when leaving a voice mail; • Incoming telephone contacts from off-line or non-centerline landowners / stakeholders, made to a specific agent or to the project offices through the published project phone number; • Any other tract-specific information learned or witnessed by the agent, supervisor or other employee (not to include title information, which would be addressed in the appropriate section of these project procedures); • Letters and correspondence either outgoing to landowners / stakeholders or incoming from landowners / stakeholders are scanned and uploaded into the CLSLiNK database and placed in the permanent and field files. 12 Page 179 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan All appropriate sections of the contact diary format must be completed in the CLSLiNK GIS Viewer. The contact diary (activity note) should clearly indicate who the agent spoke to and the details of that conversation. It should cover matters which may be included in other sections of the CLSLiNK GIS Viewer form such as offer amounts and landowner concerns but should be a more detailed account of the discussions and negotiations and should provide a “stand alone” diary of the contact. The contact diary should be factual and to the point and not include anything that could be construed as derogatory toward the landowners or anyone associated with the tract. The agent may provide exact quotes of a specific landowner’s comments by indicating them within quotation marks. Further, agents should relate landowners’ requests or demands in factual terms and not to add personal comments or the agent’s opinion of these details. Agents should always keep in mind that all verbiage and information in the contact diary is discoverable in the event of condemnation proceedings. Agents are instructed to use complete sentences and proper grammar when completing contact diaries. They are further asked to always use the “spell check” function available in the GIS Viewer. Before submitting the contact diary, the agent should proofread the report to ensure that it properly relates the details and information intended. All agents will have a printer/copier/scanner available to them at all times. The agent will scan and attach certain documents to the contact diary. Examples of such attachments include, but are not limited to: • Signed Survey Permission (Survey Permission Forms) • Letters received by the agent from any landowner or other stakeholder • Any other pertinent hard copy document or supporting information obtained or received by the agent relating to the contact diary note. After the executed documents have been reviewed and the easement recorded the Administrative Land Specialist will upload the easement agreement, settlement form, damage release, payment documentation and all relevant other documents into the system. The attachment of any document indicated above to a contact diary will not relieve the agent from the timely processing and shipment / delivery of the document to the project office. Recording of Documents Agents will turn in signed documents to their supervisor who will check them and then forward to the Administrative Land Specialist (ALS) for data entry. After entry into the database, they will be forwarded to the clerk or agent assigned to send them for recording. In some situations, an agent must handle recording of documents immediately in the field. All such cases must be approved in advance by the CLS Project Manager. When field agents record documents, they must forward a duplicate original (including the recording information) to the designated supervisor to eliminate the possibility of lost documents. Recorded documents will be returned to the supervisor for entry into the database and then inserted into the Field and Permanent Files. Condemnation If Eminent Domain is part of the project and negotiations reach a stalemate, a final offer will be presented to the landowner and the file turned in to the Holland BPW attorneys. Should Eminent Domain not be a facet of the project, CLS will continue to attempt to resolve the landowner concerns with continued input from the Holland 13 Page 180 of 232 Holland Board of Public Works – S. Holland 138kV Relocation Preliminary Execution Plan BPW. Historically, CLS has maintained a very low rate of condemnation both on our projects in Michigan and throughout the U.S. We achieve this low condemnation rate by being proactive with landowners and building strong rapport. We ensure that our agents are well equipped to answer the questions that landowners may ask and to respond to landowner concerns. We also ensure that our agents are trained in expert negotiation best practices. In the event a landowner negotiation fails to reach agreement, and the Holland BPW elects to authorize a final offer letter to that landowner and to petition the court for a condemnation hearing, CLS will prepare appropriate files as directed by the City. The files will be turned over as stated above and CLS will provide support for condemnation/legal proceedings as requested. PROJECT AND FILE CLOSING Our file closeout process begins with a thorough document review. CLS maintains a focus on quality recordkeeping and document management throughout the project to facilitate a smooth transition of ROW records to the client at the end of the project. Prior to turning the files over to the Holland BPW, CLS will conduct a final audit of all files to ensure that all information has been properly captured. CLS will utilize a document of the City’s specification or a Project Closeout Form to conduct an audit of each file to ensure procedural compliance, to document any variances and to identify any missing documentation needed before the file is officially closed out. Once the review process is complete, the final permanent file is created and transferred to the Holland BPW in the requested format. 14 Page 181 of 232 Right of Way Services Statement of Qualifications Electric Transmission & Distribution Projects November 2020 www.contractlandstaff.com Page 182 of 232 Founded in 1985, Contract Land Staff, LLC (CLS) has planned, managed, and executed hundreds of Right of Way (ROW) CONTRACT LAND STAFF, LLC acquisition and land management projects throughout North AT A GLANCE America. Over the last 35 years, the company has become an industry leader by focusing on quality, ethics, teamwork, Backed by AEA $15 Billion Private Equity Firm technology, training, project planning and a corporate philosophy that encourages innovative solutions to ROW problems. Founded: 1985 Structure: Independent, Limited CLS has extensive experience in successfully managing numerous Liability Company ROW projects across the country. Our valuable project planning and feasibility study experience along with our project execution Size: 550+ experience affords our clients a wealth of knowledge and hard‐ Corporate Headquarters earned, practical, on‐the‐ job “know‐how.” We have become experts in evaluating and working with landowners, landowner Sugar Land, TX (Houston area) coalitions, regulatory agencies and the seemingly endless variety of special situations that must be overcome during the course of CLS Family of Companies Offices any project. Arizona Ohio California Oklahoma CLS also is a leader in the development and implementation of Florida Pennsylvania standardized processes and procedures. Each project is unique, Louisiana Texas based on the constraints specific to the project. By creating, Missouri Virginia supporting, and enforcing sound policies, CLS equips agents with Montana Washington the information and processes necessary to aid in their success, Nevada West Virginia as consistent communication and adherence to company/project New Mexico Wyoming policies are key to achieving a successful project. Contact Another important asset CLS brings to bear is our proprietary Mick Barber technology solution – CLSLiNK® – which is used to collect relevant Northeast Region Lead information for the project such as agent activity notes, dates Mobile: 630‐329‐1111 offers are made and follow‐up contact dates, landowner data, [email protected] legal descriptions, budgetary data, tickler files, construction restrictions and a full host of fields and reporting tools. Jon Clark, PMP CLS’s industry‐leading technology solution is based on modeling Vice President, Utilities decades of project, operational, workflow and management Mobile: 765‐661‐1252 experience. Our solution leverages technology to achieve gains in [email protected] efficiencies, data conformity and integrity, and timely and accurate reporting so that our clients receive optimal value and return from our services. 1 Page 183 of 232 The CLS Family of Companies Contract Land Staff, LLC One of the largest independent right of way and land services companies in the nation, CLS has provided a combination of service solutions for pipeline, electric transmission and distribution, utility, wind and solar, rail, public infrastructure, and telecommunications clients since 1985. Over the last 35 years, CLS has been involved in successfully planning, managing and executing over 40,000 miles of acquisition and negotiating over 20,000 acres of fee purchase and leaseholds, all through the successful interaction with countless landowners on regional and interstate projects across North America. Keystone Consultants, LLC Keystone is a highly responsive, cost effective, civil engineering, surveying, and environmental consulting firm with over 25 years of experience serving the energy and telecommunications markets. Keystone is known for its quality, client responsiveness and cost effectiveness as well as its deep commitment to thoroughly understanding the needs of its clientsg and bein an integral part of their service team. Keystone’s record of client retention and repeat business demonstrate its commitment to client satisfaction and exceeding client expectations. Tierra Right of Way Services, Ltd. Founded in 1989, Tierra is one of the top turnkey land services firms in the western United States. Over 30 years in business, Tierra has successfully provided a diverse array of acquisition and relocation, cultural resources, and environmental planning services to local, State and Federal agencies; telecommunications, electric transmission, and pipeline companies; and renewable energy developers in 34 states. Strategically positioned to take on projects in any region, Tierra delivers quality and cost‐effective services for its clients through the expertise of its experienced, local land service professionals. 2 Page 184 of 232 Services Provided by the CLS Family of Companies Management GIS & Mapping Project Management GIS Project Management Feasibility Studies Pipeline Integrity Pre‐Regulatory Routing & Site Selection GIS Due Diligence/Easement Gap Analysis Land Management Consulting FEED Studies Desktop Routing Analysis Land & Right of Way Siting Analysis (non‐linear projects) Title Research & Analysis – Surface and Mineral Due Diligence Environmental Independent Appraisal Review Environmental Analysis & Mitigation Acquisition Planning National Environmental Policy Act (NEPA) Property & Easement Acquisition Compliance Lease & Franchise Agreements Endangered Species Act (ESA) Compliance Relocation Planning & Assistance Native Plant Preservation Plans Expert Witness & Litigation Support Planning and Zoning Land Records Management Wetland Delineation Construction Monitoring Surveying Property/Boundary Surveys Engineering Site Features & Topographical Survey Pipeline Route Design Construction Stakeouts for Linear or Site Well Pad Design Development Projects Erosion & Sediment Control Well Plat/Unit Surveys Stormwater Management GPS Monumentation Hydraulics & Hydrology Studies Field Data Collection for Asset Management Land Use/Zoning UAS Mapping Civil/Site Design Survey Field Support Road Bonding Documentation and Release Facility As‐Built Surveys and Documentation Constructability Reviews Easement, Plat, and Condemnation Exhibits Cultural Resources Permitting Cultural Resources Survey Local, State and Federal Permitting Section 106 Compliance Ministerial/Non‐Environmental Permits (Road/ Archaeological Research, Monitoring and Rail Crossing, Township, City, County, etc.) Analysis Foreign Utility Crossing Permits National Register of Historic Places (NRHP) Water/Stream Crossing Permits Eligibility Testing Well Pad Permits Archaeological Data Recovery and Mitigation Survey Permission & Notification Tribal Liaison Public Outreach Construction Public Participation Meetings and Forums Construction Field Support PR Firm Coordination Damage Assessments & Settlements Stakeholder Mail Outs Environmental Compliance Inspection Toll‐Free Number Setup and Monitoring 3 Page 185 of 232 Unique Qualifications Extensive experience in developing and implementing customized project procedures that provide for consistent communication between our client and the project team. Over the successful acquisition of thousands of miles of ROW, we have established a thorough, streamlined, turn‐key project management process, codified in the CLS COMPASS™ Project Management System available for use on all CLS projects. Proven ability to rapidly mobilize and de‐mobilize the appropriate staff to meet the changing needs of the project. We have a professional staffing department to facilitate the selection and placement of qualified staff, which includes mandatory background checks and drug testing, prior to assignment on the project. CLS can begin mobilization within 24 hours of notice to proceed. Strong focus on project‐specific ROW agent training and employee development, including “Good Faith Negotiations” which is based upon the INGAA eight principals as well as negotiation strategy, proper preparation of title, correctd an comprehensive input of ROW agent contact notes and status updates into the GIS system. Training is provided at the outset of each project for the initial stages of work and is repeated for the specific procedures associated with each ensuing phase with emphasis on the acquisition procedures to be followed on the project. CLS has an in‐house Safety Officer on staff that manages our comprehensive safety program, “CLS STAR,” as well as compliance with client‐ and project‐specific standards. CLS is a member in good standing with ISNetworld and Avetta, and we work with clients’ specific safety needs and audits through ISNetworld and Avetta. Fully staffed Technology Solutions group that is available to develop custom reporting where needed and to support the various technologies including the CLSLiNK ROW management database and the AGILE software solution. Why the CLS Team? The group of core leaders and managers that make up the CLS team have one common goal, one singular focus: We believe we can provide a better level of service, a higher standard for project controls and more consistent project delivery. We have proven these higher standards for our clients, and we are committed to delivering them on all opportunities. The CLS team understands the importance of project management and project controls, as well as employee safety and a healthy work environment are fundamental to our core values. Continual training and growth for our team, along with quality monitoring and assurance, will continue to be core values for the CLS team. As a service provider CLS knows that we succeed only when you succeed. This guiding principle enables us to deliver on our promise of value and sustains our partnerships with each Client. Let us help you successfully deliver quality services to your project. 4 Page 186 of 232 ROW Technology We have experienced firsthand that one form of technology alone cannot match the various types of projects out there. CLS has an extensive Technology Solutions group which has diligently worked to provide technology options for our clients regardless of size or sector. CLS enjoys a diversified suite of spatial mapping solutions. Whether we are utilizing CLSLiNK® to manage and support your large ROW opportunity or deploying a custom GIS web app for smaller and less intensive assignments, CLS has the technology solution to meet your project’s needs. CLSLiNK represents a comprehensive land records management, tracking and GIS digital mapping software solution which has proven invaluable to many in the industry. CLSLiNK is web‐based and accessible 24/7 by our clients and project team members, providing a host of functions and information that enables personnel to stay abreast of progress and make decisions based on up‐to‐date and reliable data. The CLSLiNK application suite provides users with sustainable data throughout the life of the project and into operations with real‐time reporting of current project status, ROW line lists, title and other documents, payment and budget information, and the capability to capture and report on all contacts with project stakeholders. CLSLiNK captures all relevant data and serves as the sole reporting, mapping, and visualization tool. Names and addresses/phone of landowners, stakeholders, tenants Ownership history Legal descriptions Mileposts, structure numbers and other spatial criteria assigned to each tract History of communications with landowners and stakeholders through activity notes Financial data Scanned related documents and images Parcel geometries, routing data, maps and aerial imagery, and other GIS data Any other necessary data or documents necessary to capture Not all projects require the same level of administration and data management, so why limit yourself to one form of technology? CLS’s Technology Solutions group led by GIS professionals, software developers, IT specialists and data management experts work side‐by‐side to approach projects in a manner that targets efficiencies and savings to our clients’ needs in conjunction with budgets. CLS is an Esri Silver Tier Business Partner. With Esri technologies CLS has the ability to quickly implement customized GIS web applications designed to create an interactive mapping experience, capture needed project data, in addition to providing personalized reporting. 5 Page 187 of 232 Representative Experience City of Sturgis – Transmission Line Project – Preliminary stages of a new 8.5‐mile 69kV transmission line crossing approximately 140 tracts in the City of Sturgis, Michigan. The project will be built to 138kV specifications in anticipation of future expansion, including a new substation. The City is considering up to four route options as well as the site for the new substation. CLS is providing project management, staffing, public outreach support, open house support. Final route selection is anticipated by Fall 2020, at which time full ROW acquisition services will commence. We Energies – CLS is performing all day‐to‐day acquisitions of new rights, updates to existing rights, negotiations, title updates, transaction recording, and document recording for electric distribution projects, gas distribution projects and gas transmission projects for customers in portions of Wisconsin and Michigan’s Upper Peninsula. Engagement began in May 2014. Invenergy – Grain Belt Express Transmission Project – Approximately 800 miles of 500‐600kV HVDC transmission line crossing nearly 1,760 tracts in Kansas, Missouri, Illinois, and Indiana. near the Illinois‐Indiana border. Three grid‐connected AC‐DC converter stations are planned along the route to collect and deliver generation to the bulk electric system. CLS is providing turnkey right of way services for this entirely greenfield project. Services commenced in March 2020 and are ongoing. SOO Green Renewable Rail, LLC – HVDC Link Project –525kV transmission line installed underground along 350 miles of existing railroad right of way in Illinois and Iowa. Project impacts more than 2,300 tracts. Services include title research, Open House support, acquisition, and data management using CLSLiNK. Project commenced in March 2019 and is currently underway. Central Electric Power Cooperative – A new 40‐mile 345kV transmission line located in Miller, Cole and Osage Counties, Missouri impacting approximately 280 parcels. CLS is providing complete ROW support, including consulting, Open House assistance, project management, staffing, acquisition, and data management. Project commenced in August 2019 and is ongoing. American Electric Power – CLS is currently providing a full scope of right of way services in support of AEP’s Line Expansion Projects, including consulting, public Open House support, project management, staffing, title, acquisition, landowner relationship management during construction and all other right of way services for more than 20 transmission line expansion and upgrade projects involving more than 6,000 tracts throughout the states of Indiana, Michigan, Ohio, Virginia and West Virginia. These various projects are a combination of rebuild and greenfield projects, ranging from 34.5kV to 765kV, serving both customer‐specific new T‐line projects and the expansion of traditional regional industries. ROW services for this $21 million contract commenced in 2013 and are currently ongoing. Duke Energy – Targeted Underground (TUG) Program – A program to increase reliability by identifying outage‐ prone overhead power lines and relocating those lines underground. CLS is currently an exclusive land provider for this program that stretches across Duke’s entire platform including Florida, Georgia, North Carolina, South Carolina, Kentucky, Indiana, and Ohio, involving more than 700,000 landowners. CLS brings consistency with the land services as we are participating in three different pilot programs. As land is the consistent piece, it allows Duke leadership to evaluate the pilot costs on the engineering and construction end. It also provides a seamless consistency in the land deliverable and in the recording of the information in Duke systems. CLS has tailored the program to Duke’s unique criteria and made it adaptable to different market factors while keeping the core deliverables the same. We have provided metrics for easement tracking and have provided breakdowns which help to assist in schedule and budget monitoring. Specific land services include ROW program management, title research, due diligence, negotiations and acquisitions, construction support, and GIS data management and tracking in CLSLiNK. Work began in March 2019 and is ongoing. 6 Page 188 of 232 Black & Veatch – AEP Marcellus Area Improvements – 7.4‐mile, 138kV greenfield electric transmission line as four line segments crossing 66 tracts and connecting the Hartford‐Valley‐Corey line to two new substations (Stinger and Brody) in the Marcellus, Michigan area. ROW services included project management, staffing, Open House assistance, acquisition, condemnation support, construction support, and damage settlement. CLS utilized GIS spatial database stations at the open houses, allowing stakeholders to visualize the proposed project routes and impacts. Project commenced July 2015 and completed in March 2016. Project had the right of eminent domain, and CLS negotiated 100% voluntary acquisition. This is AEP’s first‐ever linear EPC project. ECSL – AEP Sister Lakes Area Improvements – 14‐mile 69kV and 138kV rebuild, and 7‐mile 69kV greenfield electric transmission line as five line segments crossing 145 tracts and connecting the Hartford‐Valley‐Corey line to two new substations (Keelette and Rothadew) in the Hartford, Michigan areaROW services included Open House assistance, project management, staffing, acquisition, condemnation support, and construction support and damage settlement. CLS utilized GIS spatial database stations in support of the open houses, allowing stakeholders to visualize the proposed project routes and impacts. Project had the right of eminent domain, and CLS negotiated 100% voluntary acquisition. Project commenced August 2015 and closed out in December 2018. This was one of AEP’s first‐ever linear EPC projects. Duke Energy – Vegetation Management – CLS is currently providing land services for Duke’s Vegetation Management Program across its Ohio and Indiana service areas. Such services being provided include due diligence on existing Duke rights on affected parcels, verification of current ownership, creation of new vegetation and/or supplemental easements, and recording of documents. Work commenced in 2019. NIPSCO – Greentown to Reynolds Transmission Project – 70‐mile 765kV electric transmission line crossing 297 tracts and connecting Duke Energy’s Greentown substation near Kokomo, Indiana to NIPSCO’s Reynolds substation in Reynolds, Indiana. CLS provided consulting, Open House assistance, right of way project management, staffing, acquisition, and all other right of way services, including data management. ROW services commenced in March 2014 and completed in March 2016 with an 83% voluntary acquisition rate. Georgia Power – Grid Investment Program – A multi‐year initiative to enhance service and reliability in communities across Georgia Power’s 155‐county service area. Georgia Power is investing $1.3 billion over the initial 3‐year phase. CLS is involved in undergrounding improvements. Working through two major EPC firms, CLS is providing land services including design support, survey permissions, survey support, title research, negotiations, and acquisitions. Work commenced in 2020. Ameren Agriculture Leasing – In a program that CLS helped to develop and implement, we have drafted, managed, and provided leasing agreements to farmers on Ameren‐owned lands. We reached out in months prior to the lease expiring. We provide a suggested leasing value based on information and guidance from the client. We then negotiate the terms of the lease stretching from 1 to 5 years. We help to identify and track targets for lease expiration and opportunities. We also set up a tracking system based on the leases we negotiated for the client’s ease in the future. This on‐call work began in 2019 and is ongoing. MidAmerican Energy – Altoona and Polk City Projects – Two concurrent 161kV transmission line projects (approximately 20 miles total) crossing 123 total tracts in Polk County, Iowa. CLS provided right of way project management, public meeting support, title, survey permitting and support, acquisition, and condemnation support, including data management. Projects began in November 2016 and completed in February 2020 with 100% voluntary acquisitions. Floresville Electric Light& Power System – 10‐Mile Project – 10‐mile 16kV electric distribution project involving 57 parcels in Wilson County, Texas. CLS provided right of entry and acquisition services. Project did not have the right of eminent domain. Ultimately easements were acquired on 15 tracts and the remainder of the project was built within road right of way. Project commenced in October 2017 and completed in October 2018. 7 Page 189 of 232 Burns & McDonnell Engineering – Osprey Project Group – Two greenfield projects under the $1.8 billion Duke Energy Florida ‐ Major Projects Program (DEF‐MPP) – the 26.5‐mile Kathleen to Osprey 230kV transmission line and the 21.4‐mile Osprey to Haines City East 230kV transmission line, both in Polk County, Florida. Together the projects involve 475 new easements and 95 supplemental, temporary easements. CLS is providing ROW project management, survey permissions as needed, title services, negotiations and acquisitions, records management, and database management. Commenced in March 2019 with a 2024 in‐service date. Lower Colorado River Authority (LCRA) – T‐519 Rob Brown Jr to Clear Fork Easement Enhancement – Acquisition services to amend existing easements for Optical Ground Wire (OPGW) fiber. Project involves 142 survey tracts and 53 acquisition tracts in Caldwell County, Texas. Commenced in January 2019. Guadalupe Valley Electric Cooperative (GVEC) – CLS provided easement negotiation services on an as‐needed basis across GVEC’s 13‐county service area in central Texas. CLS acquired 65 easements for GVEC’s electric distribution expansion, transmission upgrades, and to run fiber cable from the pole to the landowner’s residence to facilitate high‐speed internet service. GVEC did not have the right of eminent domain, but CLS achieved 100% voluntary acquisition. Completed May 2017. Dewberry Consultants – Mattawoman Power Plant Project – One 8‐mile gas line, one 10‐mile treated effluent pipeline and one 3‐mile electric transmission line crossing 124 tracts in Prince George and Charles Counties, Maryland to the power plant in Brandywine. CLS provided project management, survey permitting, and easement acquisition, as well as a Comparative Market Analysis to estimate property values in the project’s market area and assisting with relocation options for landowners during construction. Project did not have the right of eminent domain, but CLS acquired 100% of tracts voluntarily. Project completed in December 2017. NIPSCO – Greentown to Reynolds Transmission Project – 70‐mile 765kV electric transmission line crossing 297 tracts and connecting Duke Energy’s Greentown substation near Kokomo, Indiana to NIPSCO’s Reynolds substation in Reynolds, Indiana. CLS provided consulting, Open House assistance, right of way project management, staffing, acquisition, and all other right of way services, including data management. ROW services commenced in March 2014 and completed in March 2016 with an 83% voluntary acquisition rate. MidAmerican Energy – MVP 3 & 4 Projects – Two 345kV transmission lines totaling 191 miles and crossing 855 right of way tracts over 10 counties in Iowa. CLS provided consulting, Open House assistance, right of way project management, staffing, title, acquisition, condemnation support and all other right of way services, including data management. Project began in December 2012 and completed in January 2018 with a 99.8% voluntary acquisition rate. Ameren Transmission Company of Illinois – Illinois Rivers Project – 300+ mile 345kV transmission line crossing 1,367 tracts in Illinois comprised of nine separate segments with their own schedules. CLS is providing all ROW services, including but not limited to consulting, Open House support, project management, staffing, title, acquisition, survey support, survey coordination and data management. In February 2020, achieved 100% voluntary acquisition on a highly contested project where the CPCN was obtained under new legislation. Project commenced in 2011 and is in various stages of acquisition, condemnation, and construction. Ameren Transmission Company of Illinois – Mark Twain Project – 100+ mile, 161kV and 345kV transmission lines crossing 400+ tracts in Missouri. CLS supported the CCN process and provided title, survey permission, GIS sketches, acquisition, condemnation support, construction support and damage settlements, as well as data management using CLSLiNK. Project commenced in December 2015 and is in the final stages of construction. Achieved a 95% voluntary acquisition rate. 8 Page 190 of 232 HOLLAND BOARD OF PUBLIC WORKS SOUTH HOLLAND 138kV LINE RELOCATION ID 2020December 2020 January 2021 February 2021 March 2021 April 2021 May 2021 June 2021 July 2021 August 2021 September 2021 October 2021 November 2021December 2021 January 2022 February 2022 March 2022 April 2022 May 2022 June 2022 July 2022 August 2022 September 2022 October 2022 November 2022December 2022 Ja Task Name Duration Start Finish 2227 2 7 12172227 1 6 1116212631 5 10152025 2 7 12172227 1 6 11162126 1 6 1116212631 5 1015202530 5 1015202530 4 9 14192429 3 8 13182328 3 8 13182328 2 7 12172227 2 7 12172227 1 6 1116212631 5 10152025 2 7 12172227 1 6 11162126 1 6 1116212631 5 1015202530 5 1015202530 4 9 14192429 3 8 13182328 3 8 13182328 2 7 12172227 2 7 12172227 1 1 South Holland 138kV Line Relocation 522 days Mon 12/14/20 Mon 12/12/22 2 Notice of Award 1 day Mon 12/14/20 Mon 12/14/20 12/14 3 Project Kickoff Meeting 1 day Wed 12/16/20 Wed 12/16/20 12/16 4 Line Route Study 54 days Tue 12/15/20 Fri 2/26/21 5 Property Record Research 3 days Tue 12/15/20 Thu 12/17/20 6 Determine Route Analysis Criteria 2 days Tue 12/15/20 Wed 12/16/20 7 Preliminary Route Analysis (Aerials) 5 days Thu 12/17/20 Wed 12/23/20 8 Obtain Rights-of-Entry 10 days Mon 12/28/20 Fri 1/8/21 9 Field Review Routes 2 days Mon 1/11/21 Tue 1/12/21 10 Permit Requirements / Pre-App Meetings 3 days Wed 1/13/21 Fri 1/15/21 11 Determine Easement Parameters 3 days Mon 1/11/21 Wed 1/13/21 12 Route Analysis 12 days Thu 1/14/21 Fri 1/29/21 13 Preliminary Transmission Line Design 10 days Mon 1/25/21 Fri 2/5/21 14 Cost Estimates & Project Schedule 2 days Mon 2/8/21 Tue 2/9/21 15 Route Study Report 7 days Wed 2/10/21 Thu 2/18/21 16 Preliminary Route Study Owner Review 1 day Fri 2/19/21 Fri 2/19/21 17 Submit Route Study Report & Recommendations 1 day Fri 2/26/21 Fri 2/26/21 18 Right-of-Way & Permit Acquisition 221 days Mon 3/1/21 Fri 12/31/21 19 Boundary & Topographic Surveys 14 days Tue 3/9/21 Fri 3/26/21 20 Title Searches 20 days Mon 3/1/21 Fri 3/26/21 21 Easement Document Preparation 10 days Mon 3/29/21 Fri 4/9/21 22 Property Owner Meetings 71 days Mon 4/12/21 Fri 7/16/21 23 Easement Recording 5 days Mon 7/19/21 Fri 7/23/21 24 Permitting (CSX, FAA, MDOT, EGLE, County Agencies) 176 days Mon 5/3/21 Fri 12/31/21 25 Transmission Line Design 102 days Mon 4/5/21 Mon 8/23/21 26 Soil Borings / Geotech Report 15 days Mon 4/5/21 Fri 4/23/21 27 Field Inventory & Design 10 days Mon 4/26/21 Fri 5/7/21 28 Construction Assembly Design 10 days Mon 5/10/21 Thu 5/20/21 29 Plan & Profile Drawing Development 60 days Fri 5/21/21 Thu 8/12/21 30 60% Design Review Submittal 1 day Fri 7/9/21 Fri 7/9/21 7/9 31 90% Design Review Submittal 1 day Fri 8/6/21 Fri 8/6/21 8/6 32 Bill of Materials 5 days Mon 8/9/21 Fri 8/13/21 33 Final Cost Estimates & Construction Schedule 5 days Mon 8/16/21 Fri 8/20/21 34 Final Design Submittal to Owner 1 day Mon 8/23/21 Mon 8/23/21 8/23 35 Material Procurement 166 days Mon 8/30/21 Mon 4/18/22 36 Steel Structure Bid Period 16 days Mon 8/30/21 Mon 9/20/21 37 Steel Structure Delivery 30 wks Tue 9/21/21 Mon 4/18/22 38 Conductor & Line Hardware Bid Period 1 day Mon 9/27/21 Mon 9/27/21 39 Conductor & Line Hardware Delivery 16 wks Tue 9/28/21 Mon 1/17/22 40 Construction Contract Bidding 41 days Mon 8/30/21 Mon 10/25/21 41 Construction Contract Preparation 10 days Mon 8/30/21 Fri 9/10/21 42 Construction Contract Bid Period 24 days Mon 9/13/21 Thu 10/14/21 43 Pre-Bid Meeting 1 day Wed 9/22/21 Wed 9/22/21 9/22 44 Bid Opening 1 day Wed 10/20/21 Wed 10/20/21 10/20 45 Award Construction Contract 1 day Mon 10/25/21 Mon 10/25/21 10/25 46 Page 191of232 Transmission Line Construction 168 days Mon 4/4/22 Wed 11/23/22 47 Construction Staking 5 days Mon 4/4/22 Fri 4/8/22 48 Matting / ROW Access Constructon 10 days Mon 4/11/22 Fri 4/22/22 49 ROW Clearing 15 days Mon 4/18/22 Fri 5/6/22 HOLLAND BPW S. HOLLAND 138kV LINE RELOCATION Mon 11/9/20 HOLLAND BOARD OF PUBLIC WORKS SOUTH HOLLAND 138kV LINE RELOCATION ID 2020December 2020 January 2021 February 2021 March 2021 April 2021 May 2021 June 2021 July 2021 August 2021 September 2021 October 2021 November 2021December 2021 January 2022 February 2022 March 2022 April 2022 May 2022 June 2022 July 2022 August 2022 September 2022 October 2022 November 2022December 2022 Ja Task Name Duration Start Finish 2227 2 7 12172227 1 6 1116212631 5 10152025 2 7 12172227 1 6 11162126 1 6 1116212631 5 1015202530 5 1015202530 4 9 14192429 3 8 13182328 3 8 13182328 2 7 12172227 2 7 12172227 1 6 1116212631 5 10152025 2 7 12172227 1 6 11162126 1 6 1116212631 5 1015202530 5 1015202530 4 9 14192429 3 8 13182328 3 8 13182328 2 7 12172227 2 7 12172227 1 50 Caisson Foundation Installation 35 days Mon 5/2/22 Fri 6/17/22 51 Steel Structures Installaton 45 days Mon 6/20/22 Fri 8/19/22 52 Conductor Stringing 15 days Mon 8/22/22 Fri 9/9/22 53 Existing 138kV Line Modifications 15 days Mon 9/12/22 Fri 9/30/22 54 Relay Settings & Function Testing 3 days Mon 10/3/22 Wed 10/5/22 55 138kV Line Energization 15 days Thu 10/6/22 Wed 10/26/22 56 138kV Line Conductor Removals 15 days Mon 10/10/22 Fri 10/28/22 57 ROW & Access Restoration 25 days Mon 10/10/22 Fri 11/11/22 10/10 58 Punch List & Cleanup 8 days Mon 11/14/22 Wed 11/23/22 59 Project Closeout 11 days Mon 11/28/22 Mon 12/12/22 60 Record Drawings & Closeout Documents 10 days Mon 11/28/22 Fri 12/9/22 61 Project Review Meeting 1 day Mon 12/12/22 Mon 12/12/22 12/12 Page 192of232 HOLLAND BPW S. HOLLAND 138kV LINE RELOCATION Mon 11/9/20 ATTACHMENT 1 Proposal for Engineering Services S. Holland 138kV Relocation Estimated Not to Exceed Task Work Hours Fee ($) Phase 1 – Preliminary Engineering Services 712 $77,000 Task 1.A – Reimbursables NA $3,000 SUBTOTAL Phase 2 – Bid Package Design and Bid Services 2,628 $268,000 Task 1.B – Reimbursables NA $12,000 SUBTOTAL Task 3 – Construction Phase Services 1,100 $122,000 Task 3 – Reimbursables NA $3,000 SUBTOTAL TOTAL Firm Name: GRP Engineering, Inc. By: Title: President Date: ______November 10, 2020 1 Page 193 of 232 Capital Project Justification Form Fiscal Year FY21 Director Ranking (Priority 1-3) 1 Department Electric Distribution 10-200 Functional Area Electric Distribution Project Description South Holland Substation is served by two 138 KV lines on one pole line, creating a challenge to perform maintainance and creating a single point of failure that can affect customer operations. Total Project Budget $ 3,600,000 Breakdown Engineering $ 600,000 Construction $ 1,500,000 Materials $ 1,500,000 Contingency Reason Explanation End of Life/Renewal System Expansion Provide excellent customer service and increase reliability by eliminating the chance of X Customer Experience Enhancement outages due to one line's failure. Additonal time and labor is required to shift loads to other substations prior to performing X Increased Automation/Efficiency maintenance safely on the two lines. Critical line for South Holland Substation and connot function without it. Both lines into X Risk Mitigation this station are on the same pole line creating a single point of failure for the substation. Driven by Regulation Analysis: Please provide quanitification of benefits and/or future avoided costs associated with Value Narrative the capital project Anticipated new net revenue from expansion $ - over next ten years Expected customer cash flow savings from project over next ten years Customer impacts Customers are dependent on this line. Maintenance on the from $1-10M line and substation requires both lines to be de-energized for depending on timing safety. If one or multiple poles fail the substation is de- Quantification of risk reduction anticipated and customer energized which will affect customer production and revenue withn ten year horizon processes for longer than normal outage periods. Expected avoided maintenance expenses due to the renewal/replacement over the next ten years Quantification of expected efficiency Improvements in maintenance activity efficiency with the improvements from project over next ten $ 250,000.00 addition of another pole line. Shifting customers to adjacent years substations allowing for the maintnance. Requestor: Manager Review: Steve Bruinsma Director Review: Ted Siler Page 194 of 232 OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN To: BPW Board of Directors Date: 2020-12-07 Subject: MERS Adoption Agreement Addenda Business Services Department Introduction: The City of Holland and Holland Board of Public Works (HBPW) provide full-time employees with retirement plans that are administered by the Municipal Employees’ Retirement System of Michigan (MERS). In an effort to improve its plan definition and administration, MERS is requiring all of its members to submit an updated Adoption Agreement Addendum for each of their different plan types. Recommendation: Approve the attached Defined Benefit Plan Adoption Agreement Addendum and the Defined Contribution Plan Adoption Agreement Addendum with the Municipal Employees’ Retirement System of Michigan (MERS). Description: Since 1968, the City of Holland and HBPW have been members of MERS and have provided full-time employees with retirement plans administered by MERS. MERS currently maintains three Defined Benefit (DB) pension divisions for the HBPW: •A non-union division that was closed to new members effective 1/1/2003. •A utility union division that was closed to new members effective 12/1/2006. •A clerical union division that was closed to new members effective 5/1/2008. (Note: The clerical union has since decertified.) These closed DB pensions were replaced with Defined Contribution (DC) retirement plans, commonly known as 401(a) plans, which are also administered by MERS. These plans are similar to the more widely known 401(k) plans, but are offered by governmental entities and other public employers like schools and non-profit entities. Page 1 of 2 Page 195 of 232 Currently, MERS administers retirement plans for more than 850 Michigan governmental entities. As part of an internal effort to improve its plan administration, MERS is requiring all member employers to submit an updated Adoption Agreement Addendum for each plan type to clarify and reconfirm the provisions of their pension plans. The purpose of this Addendum is to more clearly and consistently define important retirement plan components, including plan eligibility, “day of work” definitions, the impact of leaves of absence, the definition of compensation, and employee contribution requirements. As a subdivision of the City of Holland, the Holland Board of Public Works has been informed by MERS that our Adoption Agreement Addendum will require approval by both our Board and by City Council. Separate addenda are required for the HBPW’s closed DB retirement divisions and its open DC retirement divisions. HBPW staff has worked with MERS and City human resources staff to understand and complete the required documents. These documents have been completed with the sole intent of properly codifying existing retirement plan practices, obligations, coverages, and benefit levels. Approval of the attached exhibits will reaffirm existing administrative practices and retirement benefits. In the very unlikely event that – despite our due diligence – these addenda are interpreted by some party to constitute material changes from past benefit provisions, any such changes were not intended and will be brought to the attention of the Board for appropriate resolution. Respectfully submitted, David G. Koster General Manager Strategic Directive: 2. HBPW will follow fiscal policies that ensure the long-term stability of finances, cash reserves, rates, and workforce. Attachments: 2020-12-07 Defined Benefit Plan Adoption Agreement Addendum 2020-12-07 Defined Contribution Plan Adoption Agreement Addendum Report prepared by: Jon Hofman, Human Resources Manager Page 2 of 2 Page 196 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day ofJanuary, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. Division number ______70010113 Division name on file with MERS PubWks-NonUnion______ III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification isincluded in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Non-union - CLOSED - Full-time employees hired prior to 01/01/2003 working not less than an average of 40 hours per week in positions not represented by a labor ______union. Employee classification containspublic safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 Page 197 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010113 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than ______40 hrs per ______.week X Seasonal Employees: Those who will work for the municipality X from ______January to ______December only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 Page 198 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010113 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) ______80 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Medical Leave Bank Other: ______X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: ______Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 Page 199 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010113 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 Page 200 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010113 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay compensatory time X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) X Other: ______Other Wages apply: YES X NO Shift differentials Severance issued over time (weekly/bi-weekly) Severance not otherwise excluded X Overtime X Other: ______Lump Sum Payments apply: YES X NO X PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) Severance not otherwise excluded Job certifications X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions MERS Health Care Savings Program employee contributions Other: ______Taxable Fringe Benefits apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ DB-000 (version 2020-09-10) Page 5 of 6 Page 201 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME:Holland, City of - Public Works DIV:70010113 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] DB-000 (version 2020-09-10) Page 6 of 6 Page 202 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day ofJanuary, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. Division number ______70010111 Division name on file with MERS PubWks______Local 586 III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification isincluded in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Union - CLOSED - Full-time employees hired prior to 12/01/2006 working not less than an average of 40 hours per week in positions represented by the utility ______workers labor union. Employee classification containspublic safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 Page 203 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010111 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than ______40 hrs per ______.week X Seasonal Employees: Those who will work for the municipality from ______January to ______December only. X Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 Page 204 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010111 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) ______80 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: ______Medical Leave Bank X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: ______Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 Page 205 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010111 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 Page 206 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010111 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay compensatory time X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) X Other: ______Other Wages apply: YES X NO Shift differentials Severance issued over time (weekly/bi-weekly) X Overtime Other: ______Lump Sum Payments apply: YES X NO PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) PTO cash-out up to 240 hours X Job certifications X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions MERS Health Care Savings Program employee contributions Other: ______Taxable Fringe Benefits apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ DB-000 (version 2020-09-10) Page 5 of 6 Page 207 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME:Holland, City of - Public Works DIV:70010111 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] DB-000 (version 2020-09-10) Page 6 of 6 Page 208 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day ofJanuary, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. Division number ______70010114 Division name on file with MERS Clerical______ III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification isincluded in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Clerical - CLOSED - Full-time employees hired prior to 05/01/2008 working not less than an average of 40 hours per week in positions represented by the ______clerical employees labor union. Employee classification containspublic safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 Page 209 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010114 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than ______40 hrs per ______.week X Seasonal Employees: Those who will work for the municipality from ______January to ______December only. X Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 Page 210 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010114 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) ______80 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Medical Leave Bank Other: ______X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: ______Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 Page 211 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010114 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 Page 212 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 70010114 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours On-call pay compensatory time X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) X Other: ______Other Wages apply: YES X NO Shift differentials Severance issued over time (weekly/bi-weekly) Severance not otherwise excluded X Overtime X Other: ______Lump Sum Payments apply: YES X NO X PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) Severance not otherwise excluded Job certifications X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions MERS Health Care Savings Program employee contributions Other: ______Taxable Fringe Benefits apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ DB-000 (version 2020-09-10) Page 5 of 6 Page 213 of 232 DocuSign Envelope ID: 33044D3F-E245-4EF1-860C-8A97E7BE64FF Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME:Holland, City of - Public Works DIV:70010114 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] DB-000 (version 2020-09-10) Page 6 of 6 Page 214 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the frst day of January, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing MERS Defned Contribution Agreement. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Defnitions will apply for all service accrued after the effective date. Division number ______700101108343 Division name ______108343 Note: This division should refect how you currently defne employees who are eligible to participate, for example, All full-time Employees, New hires after 1/1/2019, etc. III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defned Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this defnition are required to participate in the plan and earn time toward vesting. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifcations that are eligible to participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected Offcials” or “Admin working >32 hours per week,” etc.: Non-union - Full-time employees in positions not represented by a labor union, including non-exempt employees working not less than an average of 40 hours per week and including exempt______salaried employees. Employee classifcation contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation offcers, employees responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). MD-070a (version 2020-09-28) Page 1 of 6 Page 215 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101108343 If you elect to include a special classifcation (chart below), then the employee will be required to participate in the employer and employee contributions adopted in your plan. An excluded classifcation will require additional information below. To further defne eligibility (select all that apply): Not Employee Classifcation Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than 40______hrs per ______.week X Seasonal Employees: Those who will work for the municipality X from ______January to ______December only. Voter-Elected Offcials X Appointed Offcials: An offcial appointed to a voter-elected offce. X Contract Employees X Probationary Periods (select one): Contributions will begin after the probationary period has been satisfed. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, contributions will not be reported and service toward vesting will begin when probationary period has ended. The probationary period will be ______month(s). Comments: X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. MD-070a (version 2020-09-28) Page 2 of 6 Page 216 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101108343 IV. Provisions 1. Leaves of Absence Regardless of whether an employee is earning a wage while on the following types of leave: • Third-party wages are not used in determining contributions for periods of leave. • Vesting under elapsed time continues to accrue even if wages are not earned and contributions are zero. Note: Employers who determine vesting based on an “hours-reported” method, should report actual worked hours for the month where there was a leave. Types of leave include: • Short Term and Long Term Disability • Workers Compensation • Unpaid Family Medical Leave Act (FMLA) Leaves of absence due to military service are governed by the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). MD-070a (version 2020-09-28) Page 3 of 6 Page 217 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101108343 2. Defnition of Compensation The Defnition of Compensation is used to determine participant and employer contributions. Wages are strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions cannot exceed IRS limitations. Select your Defnition of Compensation here. If you choose to customize your defnition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifcations Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefts Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefts Fringe Benefts Fringe Benefts Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Contributions Contributions included included Taxable Fringe Benefts Excluded Excluded All Taxable Fringe Clothing reimbursement Benefts included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefts included MD-070a (version 2020-09-28) Page 4 of 6 Page 218 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101108343 SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of Compensation. You will be responsible for additional reporting details to track custom defnitions. Types of Compensation Regular Wages X X Salary or hourly wage X hours On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) X Other: ______compensatory time Other Wages apply: YES X NO Shift differentials X Severance issued over time (weekly/bi-weekly) stipends for additional duties X Overtime X Other: ______Lump Sum Payments apply: YES X NO X PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) Severance if not otherwise excluded Job certifcations X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefts Nontaxable Fringe Benefts of Employees apply: YES NO X Health plan, dental, vision benefts Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES NO X Taxable Fringe Benefts apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefts / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ MD-070a (version 2020-09-28) Page 5 of 6 Page 219 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101108343 3. Forfeiture A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed time (or hours reported) to receive vesting. The percentage of his/her employer contribution account balance that has not vested as of the date of termination will forfeit after 12 consecutive months following the termination date reported by the employer, or earlier, if the System distributes the participant’s vested portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to reported employer contributions at the time of reporting. V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] MD-070a (version 2020-09-28) Page 6 of 6 Page 220 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the frst day of January, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing MERS Defned Contribution Agreement. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Defnitions will apply for all service accrued after the effective date. Division number ______700101106526 Division name ______106526 Note: This division should refect how you currently defne employees who are eligible to participate, for example, All full-time Employees, New hires after 1/1/2019, etc. III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defned Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this defnition are required to participate in the plan and earn time toward vesting. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifcations that are eligible to participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected Offcials” or “Admin working >32 hours per week,” etc.: Union - Full-time employees working not less than an average of 40 hours per week in positions represented by the utility labor union. ______ Employee classifcation contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation offcers, employees responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). MD-070a (version 2020-09-28) Page 1 of 6 Page 221 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106526 If you elect to include a special classifcation (chart below), then the employee will be required to participate in the employer and employee contributions adopted in your plan. An excluded classifcation will require additional information below. To further defne eligibility (select all that apply): Not Employee Classifcation Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than 40______hrs per ______.week X Seasonal Employees: Those who will work for the municipality X from ______January to ______December only. Voter-Elected Offcials X Appointed Offcials: An offcial appointed to a voter-elected offce. X Contract Employees X Probationary Periods (select one): Contributions will begin after the probationary period has been satisfed. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, contributions will not be reported and service toward vesting will begin when probationary period has ended. The probationary period will be ______month(s). Comments: X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. MD-070a (version 2020-09-28) Page 2 of 6 Page 222 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106526 IV. Provisions 1. Leaves of Absence Regardless of whether an employee is earning a wage while on the following types of leave: • Third-party wages are not used in determining contributions for periods of leave. • Vesting under elapsed time continues to accrue even if wages are not earned and contributions are zero. Note: Employers who determine vesting based on an “hours-reported” method, should report actual worked hours for the month where there was a leave. Types of leave include: • Short Term and Long Term Disability • Workers Compensation • Unpaid Family Medical Leave Act (FMLA) Leaves of absence due to military service are governed by the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). MD-070a (version 2020-09-28) Page 3 of 6 Page 223 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106526 2. Defnition of Compensation The Defnition of Compensation is used to determine participant and employer contributions. Wages are strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions cannot exceed IRS limitations. Select your Defnition of Compensation here. If you choose to customize your defnition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifcations Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefts Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefts Fringe Benefts Fringe Benefts Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Contributions Contributions included included Taxable Fringe Benefts Excluded Excluded All Taxable Fringe Clothing reimbursement Benefts included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefts included MD-070a (version 2020-09-28) Page 4 of 6 Page 224 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106526 SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of Compensation. You will be responsible for additional reporting details to track custom defnitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) X Other: ______Compensatory Time Other Wages apply: YES X NO X Shift differentials Severance issued over time (weekly/bi-weekly) X X Stipends for additional duties Overtime Other: ______Lump Sum Payments apply: YES X NO X PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) Severance if not otherwise excluded X Job certifcations X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefts Nontaxable Fringe Benefts of Employees apply: YES NO X Health plan, dental, vision benefts Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES NO X Taxable Fringe Benefts apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefts / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ MD-070a (version 2020-09-28) Page 5 of 6 Page 225 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106526 3. Forfeiture A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed time (or hours reported) to receive vesting. The percentage of his/her employer contribution account balance that has not vested as of the date of termination will forfeit after 12 consecutive months following the termination date reported by the employer, or earlier, if the System distributes the participant’s vested portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to reported employer contributions at the time of reporting. V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] MD-070a (version 2020-09-28) Page 6 of 6 Page 226 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defned Contribution (DC) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the frst day of January, 2021. II. Employer name ______Holland, City of - Public Works Municipality number ______700101 This is an amendment of the existing MERS Defned Contribution Agreement. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Defnitions will apply for all service accrued after the effective date. 700101106706 Division number ______ Division name ______106706 Note: This division should refect how you currently defne employees who are eligible to participate, for example, All full-time Employees, New hires after 1/1/2019, etc. III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defned Contribution Plan. If an employee classifcation is included in the plan, then employees that meet this defnition are required to participate in the plan and earn time toward vesting. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifcations that are eligible to participate in MERS, such as “Clerical staff working more than 160 hours in a month,” “Elected Offcials” or “Admin working >32 hours per week,” etc.: Clerical CLOSED - This plan is closed and has no eligible membership. Employees who would otherwise have been eligible for participation in this plan have been enrolled in division 700101108343.______ Employee classifcation contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation offcers, employees responsible for emergency response (911 dispatch, fre service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). MD-070a (version 2020-09-28) Page 1 of 6 Page 227 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106706 If you elect to include a special classifcation (chart below), then the employee will be required to participate in the employer and employee contributions adopted in your plan. An excluded classifcation will require additional information below. To further defne eligibility (select all that apply): Not Employee Classifcation Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ X months in total. Part-Time Employees: Those who regularly work fewer than 40______hrs per ______.week X Seasonal Employees: Those who will work for the municipality X from ______January to ______December only. Voter-Elected Offcials X Appointed Offcials: An offcial appointed to a voter-elected offce. X Contract Employees X Probationary Periods (select one): Contributions will begin after the probationary period has been satisfed. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, contributions will not be reported and service toward vesting will begin when probationary period has ended. The probationary period will be ______month(s). Comments: X Contributions will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. MD-070a (version 2020-09-28) Page 2 of 6 Page 228 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106706 IV. Provisions 1. Leaves of Absence Regardless of whether an employee is earning a wage while on the following types of leave: • Third-party wages are not used in determining contributions for periods of leave. • Vesting under elapsed time continues to accrue even if wages are not earned and contributions are zero. Note: Employers who determine vesting based on an “hours-reported” method, should report actual worked hours for the month where there was a leave. Types of leave include: • Short Term and Long Term Disability • Workers Compensation • Unpaid Family Medical Leave Act (FMLA) Leaves of absence due to military service are governed by the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). MD-070a (version 2020-09-28) Page 3 of 6 Page 229 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106706 2. Defnition of Compensation The Defnition of Compensation is used to determine participant and employer contributions. Wages are strongly recommended to be reported with regular wage/contribution reports to MERS. Contributions cannot exceed IRS limitations. Select your Defnition of Compensation here. If you choose to customize your defnition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifcations Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defned by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefts Nontaxable Fringe Benefts of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefts Fringe Benefts Fringe Benefts Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Contributions Contributions included included Taxable Fringe Benefts Excluded Excluded All Taxable Fringe Clothing reimbursement Benefts included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefts / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefts included MD-070a (version 2020-09-28) Page 4 of 6 Page 230 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106706 SKIP THIS TABLE if you selected one of the standard defnitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Defnition of Compensation. You will be responsible for additional reporting details to track custom defnitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassifed) X Other: ______compensatory time Other Wages apply: YES X NO Shift differentials X Severance issued over time (weekly/bi-weekly) stipends for additional duties X Overtime X Other: ______Lump Sum Payments apply: YES X NO X PTO cash-out Educational degrees Longevity Moving expenses X Bonuses Sick payouts X Merit pay Severance (if issued as lump sum) Severance if not otherwise excluded Job certifcations X Other: ______Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) X Prizes, gift cards Car allowance Personal use of a company car Other: ______Reimbursement of Nontaxable Expenses (as defned by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions 125 cafeteria plan, FSAs and HSAs Other: ______Types of Benefts Nontaxable Fringe Benefts of Employees apply: YES NO X Health plan, dental, vision benefts Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______Mandatory Contributions apply: YES NO X Taxable Fringe Benefts apply: YES NO X Group term life insurance > $50,000 Clothing reimbursement Other: ______Stipends for health insurance opt out payments Other Benefts / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______ MD-070a (version 2020-09-28) Page 5 of 6 Page 231 of 232 DocuSign Envelope ID: C85D8516-ABBA-4533-B835-B063B7E049EA Defined Contribution Plan Adoption Agreement Addendum EMPLOYER NAME: Holland, City of - Public Works DIV: 700101106706 3. Forfeiture A forfeiture occurs when a participant separates from employment prior to meeting the associated elapsed time (or hours reported) to receive vesting. The percentage of his/her employer contribution account balance that has not vested as of the date of termination will forfeit after 12 consecutive months following the termination date reported by the employer, or earlier, if the System distributes the participant’s vested portion. MERS will utilize an available forfeiture balance as an automatic funding source applied to reported employer contributions at the time of reporting. V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by Holland Board of Public Works at a Board Meeting which took place on: ______12/07/2020 (mm/dd/yyyy) Authorized Signature: ______ Printed Name: ______ Title: ______ Date: ______ I understand that approved board minutes are required to complete this request. Board minutes should be sent to: [email protected] MD-070a (version 2020-09-28) Page 6 of 6 Page 232 of 232