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ATTACHMENT 2

BOP EPC

BALANCE OF PLANT
ENGINEERING, PROCUREMENT, AND CONSTRUCTION AGREEMENT

by and between
CONSUMERS ENERGY COMPANY,
as Owner
and
WHITE CONSTRUCTION, INC.
as Contractor
for the
LAKE WINDSTM ENERGY PARK

Dated as of November 10, 2010

12926542.4

TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITION OF TERMS AND INTERPRETATION .................................... 1
Section 1.1
Section 1.2
Section 1.3

Definitions................................................................................................ 1
Rules of Interpretation. .......................................................................... 13
Conflicting Provisions. .......................................................................... 14

ARTICLE 2 CONTRACTOR OBLIGATIONS ..................................................................... 15


Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
Section 2.9
Section 2.10
Section 2.11
Section 2.12
Section 2.13
Section 2.14
Section 2.15
Section 2.16
Section 2.17

Contractors Performance Obligations................................................... 15


Deliverables. .......................................................................................... 16
Contractors Key Personnel. .................................................................. 17
Books and Records, Tax Accounting. .................................................... 18
Subcontractors and Suppliers. ................................................................ 18
Cooperation Regarding Commercial Operation. ................................... 19
Taxes and Customs Duties. .................................................................... 19
Removal of Hazardous Materials. .......................................................... 20
Security for Performance of the Work. .................................................. 21
Construction Liens. ................................................................................ 22
Schedule. ................................................................................................ 22
Owners Right to Accelerate the Work. ................................................. 22
Damage to Real Property. ...................................................................... 23
Land Owner or Occupant Relationships. ............................................... 23
Emergencies. .......................................................................................... 23
Safety. .................................................................................................... 24
Inspection /Right of Access. .................................................................. 26

ARTICLE 3 CONTRACT PRICE AND PAYMENT TERMS ............................................. 27


Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9

Contract Price ........................................................................................ 27


Payment of Contract Price. .................................................................... 28
Right to Offset........................................................................................ 28
Payment of Change Orders. ................................................................... 28
Invoicing and Payments. ........................................................................ 28
Retainage................................................................................................ 29
Payment or Use Not Acceptance. .......................................................... 29
Certified Michigan Content. .................................................................. 29
Allocation of Cost to Owners Property Records. ................................... 30

ARTICLE 4 CONDITIONS PRECEDENT; NOTICE TO PROCEED; ETC. ................... 30


Section 4.1
Section 4.2
Section 4.3

Conditions Precedent to Contract .......................................................... 30


Limited Notice to Proceed. .................................................................... 30
Project Site Plan. .................................................................................... 31

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ARTICLE 5 CHANGE ORDERS ............................................................................................ 31


Section 5.1
Section 5.2

Changes in the Work. ............................................................................. 31


Change Process. ..................................................................................... 31

ARTICLE 6 TURBINE FOUNDATION GROUP COMPLETION, SUBSTATION


COMPLETION, COLLECTION SYSTEM CIRCUIT
COMPLETION, TURBINE MECHANICAL COMPLETION,
OPERATIONS AND MAINTENANCE BUILDING COMPLETION,
AND SUBSTANTIAL COMPLETION ........................................................... 32
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9

Time is of the Essence. .......................................................................... 32


Turbine Foundation Group Completion................................................. 32
Substation Completion. .......................................................................... 33
Collection System Circuit Completion. ................................................. 34
Turbine Mechanical Completion. .......................................................... 35
Operations and Maintenance Building Completion. .............................. 36
Substantial Completion. ......................................................................... 36
Owner Dispute & Acceptance of Completion Certificates. ................... 37
Punch List. ............................................................................................. 38

ARTICLE 7 FINAL COMPLETION ...................................................................................... 38


Section 7.1

Final Completion. .................................................................................. 38

ARTICLE 8 DELAYS, DELAY LIQUIDATED DAMAGES, AND OBLIGATIONS


TO MITIGATE DAMAGES ............................................................................ 39
Section 8.1
Section 8.2
Section 8.3

Guaranteed Completion Dates. .............................................................. 39


Delay Liquidated Damages. ................................................................... 39
Delay Liquidated Damages Not a Penalty. ............................................ 41

ARTICLE 9 LIMITATION OF LIABILITY ......................................................................... 41


Section 9.1

Consequential Damages. ........................................................................ 42

ARTICLE 10 FORCE MAJEURE........................................................................................... 42


Section 10.1
Section 10.2
Section 10.3

Force Majeure. ....................................................................................... 42


Wind Days. ............................................................................................ 45
Geotechnical Conditions. ....................................................................... 45

ARTICLE 11 WARRANTIES .................................................................................................. 46


Section 11.1
Section 11.2

Warranty of Title.................................................................................... 46
Warranty. ............................................................................................... 46

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ARTICLE 12 TITLE AND RISK OF LOSS ........................................................................... 48


Section 12.1
Section 12.2

Passage of Title. ..................................................................................... 48


Risk of Loss ........................................................................................... 49

ARTICLE 13 INSURANCE...................................................................................................... 49
Section 13.1

Insurance. ............................................................................................... 49

ARTICLE 14 DEFAULT AND TERMINATION; SUSPENSION ...................................... 50


Section 14.1
Section 14.2
Section 14.3
Section 14.4
Section 14.5

Defaults. ................................................................................................. 50
Owners Option to Cure an Event of Default. ....................................... 51
Event of Default Remedies. ................................................................... 52
Termination for Convenience by Owner. .............................................. 53
Suspension ............................................................................................. 54

ARTICLE 15 INDEMNIFICATION ....................................................................................... 54


Section 15.1
Section 15.2
Section 15.3

General Indemnification. ....................................................................... 54


Infringement Claims. ............................................................................. 55
Survival. ................................................................................................. 55

ARTICLE 16 CONTRACTOR REPRESENTATIONS AND WARRANTIES .................. 56


Section 16.1

Representations and Warranties. ............................................................ 56

ARTICLE 17 INTELLECTUAL PROPERTY RIGHTS ...................................................... 57


Section 17.1
Section 17.2

Title to Scope of Work and Deliverable. ............................................... 57


Confidential Information. ...................................................................... 57

ARTICLE 18 DISPUTE RESOLUTION ................................................................................ 57


Section 18.1
Section 18.2
Section 18.3

Dispute Resolution. ................................................................................ 57


Continuation of Work. ........................................................................... 58
Jurisdiction and Venue. .......................................................................... 58

ARTICLE 19 MISCELLANEOUS .......................................................................................... 58


Section 19.1
Section 19.2
Section 19.3
Section 19.4
Section 19.5
Section 19.6
Section 19.7

Notice. .................................................................................................... 58
Governing Law. ..................................................................................... 59
Independent Contractor. ......................................................................... 59
No Rights in Third Parties. .................................................................... 59
Assignment. ........................................................................................... 60
Incorporation by Reference. ................................................................... 60
Entire Agreement. .................................................................................. 60
-iii-

12926542.4

Section 19.8
Section 19.9
Section 19.10
Section 19.11
Section 19.12
Section 19.13
Section 19.14
Section 19.15
Section 19.16
Section 19.17
Section 19.18

Amendments. ......................................................................................... 60
Severability. ........................................................................................... 60
Drafting Ambiguities. ............................................................................ 60
Waiver of Breach. .................................................................................. 60
Survival. ................................................................................................. 60
Owners Right to Audit. ......................................................................... 60
Personal Risk Assessment and Cyber Security Access. ........................ 61
Project Site and Job Site Conditions. ..................................................... 61
Ethics and Compliance. ......................................................................... 63
Captions. ................................................................................................ 63
Counterparts. .......................................................................................... 63

-iv12926542.4

LIST OF EXHIBITS:
(In Separate Volume)
Exhibit A

Scope of Work

Exhibit A-1
Exhibit A-2
Exhibit A-3
Exhibit A-4
Exhibit A-5
Exhibit A-6
Exhibit A-7
Exhibit A-8
Exhibit A-9
Exhibit A-10
Exhibit A-11
Exhibit A-12
Exhibit A-13

Division of Responsibility Matrix


Project Site Layout
Project Site Flow Plan
Easements and Special Land Owner Agreements; Restrictions on
Contractor Land Use
Intentionally Omitted
Project Aerial Surveys
Meteorological Tower Coordinates (Later)
Geotechnical Studies
SCADA Diagram
SCADA Points List
Collection Substation One-line Diagram
Substation General Arrangement Plan
Substation Structural Elevation

Exhibit A-14 Standard HVD Control House Electrical Layout


Exhibit B

Owner Supplied Equipment

Exhibit B-1
Exhibit B-2

Selected Portions of Turbine Purchase Agreement (TPA)


Selected Portions of Substation Transformer Specifications

Exhibit C

List of Owner Permits and Contractor Permits

Exhibit D

Interconnection Requirements

Exhibit E

Project Milestone Schedule

Exhibit F

Milestone Payment Schedule

Exhibit G

Intentionally Omitted

Exhibit H

Form of Change Order Request

Exhibit I

Intentionally Omitted

Exhibit J

Intentionally Omitted

Exhibit K

Contractors Rate Schedule

Exhibit L

Form of Turbine Foundation Group Completion Certificate

Exhibit M

Form of Turbine Mechanical Completion Certificate

Exhibit N

Form of Substation Completion Certificate

Exhibit O

Form of Collection System Circuit Completion Certificate

Exhibit P

Form of Civil Works Completion Certificate

Exhibit Q

Form of Substantial Completion Certificate

12926542.4

Exhibit R

Operations and Maintenance Building Completion Certificate (Optional)

Exhibit S

Insurance Requirements

Exhibit T

Guaranteed Completion Dates

Exhibit U

Records Format

Exhibit V

Form of Job Book

Exhibit W-1

CSS 734 Partial Unconditional Waiver

Exhibit W-2

CSS 735 Full Unconditional Waiver

Exhibit W-3

CSS 0651 A Vendor Payment Financial EDI Transactions

Exhibit W-4

CSS 0417A Contractor Requirements Hazardous Chemicals

Exhibit W-5

Third Party Ethics and Compliance Guidelines

Exhibit W-6

Supplemental W9 Form

Exhibit W-7

CSS 733 Sworn Statement

Exhibit X

Approved Subcontractors and Major Suppliers

Exhibit Y

Intentionally Omitted

Exhibit Z

QA/QC Program

Exhibit AA

Affidavit of Michigan Equipment, Materials, and Labor

Exhibit BB

Environmental Plan

Exhibit CC

Key Personnel

Exhibit DD

Meetings, Schedule, and Progress Reports

Exhibit EE

Deliverables List

Exhibit FF

Request for Information Form

Exhibit GG

Wind Day Reporting Form

Exhibit HH

Sample Warranty Claim Form

Exhibit II

Permanently Installed Materials not Claimed as Sales/Use Tax Exempt

-vi12926542.4

BALANCE OF PLANT ENGINEERING,


PROCUREMENT AND CONSTRUCTION AGREEMENT
This BALANCE OF PLANT ENGINEERING, PROCUREMENT AND
CONSTRUCTION AGREEMENT (this Agreement) is made and entered into as of November
10, 2010 (the Effective Date), by and between CONSUMERS ENERGY COMPANY, a
Michigan corporation (Owner), and WHITE CONSTRUCTION INC., an Indiana corporation
(Contractor).
WHEREAS, Owner is developing a wind-powered electric generation facility to be
located in Mason County, Michigan.
WHEREAS, Contractor has represented that it is experienced and qualified in providing
design, engineering, technical assistance, procurement, supply, construction management,
construction, installation, start-up and testing services, and that it possesses the expertise and
resources to complete the Work (as defined herein).
WHEREAS, Owner wishes to engage Contractor, and Contractor wishes to be engaged,
to design, engineer, provide technical assistance, procure, supply, manage, construct, install,
start-up, and test the Balance of Plant (as defined herein), on the terms and subject to the
conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein the
Parties hereto, intending to be legally bound hereby, agree as follows:
ARTICLE 1
DEFINITION OF TERMS AND INTERPRETATION
Section 1.1 Definitions. Whenever used in this Agreement, the
following terms shall have the following respective meanings:
Agreement has the meaning set forth in the introductory paragraph hereof and includes
all exhibits and schedules attached hereto.
As-Built Drawings means final drawings that accurately reflect the actual physical
condition of a system, structure or component as constructed and installed.
Balance of Plant or BOP means everything to be furnished, supplied, or otherwise in
any manner done by the Contractor in the Work, including all permanent equipment and
materials and other items incorporated (or to be incorporated) in the Project, except only for the
procurement of Owner Supplied Equipment (but expressly including installation, erection, and
everything else to be done by the Contractor in connection with Owner Supplied Equipment as
part of the Work as defined herein).
Balance of Plant Performance Tests means the performance tests with respect to the
Balance of Plant described in, and performed in accordance with, Exhibit A.
BOP Spare Parts means spare parts with respect to the Balance of Plant equipment.
1

BOP Vendor Manual means each operations manual and data sheets with respect to the
Balance of Plant to be provided by Contractor or a Supplier or Subcontractor, each of which
shall be attached as part of Exhibit A and which manuals shall include among other things the
general operating characteristics and requirements as well as all operations and maintenance
procedures for all components and/or systems included in the Balance of Plant, as typically
provided by such Subcontractors and Suppliers in accordance with Good Utility Industry
Practices and Prudent Wind Industry Practices. For the avoidance of doubt, the inclusion of the
BOP Vendor Manuals shall not relieve Contractor of any obligation to insure that such BOP
Vendor Manuals conform to the requirements of this Agreement, including the Scope of Work.
Business Day means every day other than a Saturday, Sunday or a day on which
banking institutions are required or permitted to be closed in the State of Michigan.
Certified Michigan Content means Certified Michigan Equipment and/or Certified
Michigan labor, as applicable.
Certified Michigan Equipment means the cost to the Owner under this Agreement of
all equipment and materials manufactured or assembled in the State of Michigan as incorporated
into the Work.
Certified Michigan Labor means the number of labor hours attributed to the
construction at the Project Site performed by residents of the State of Michigan.
Change Order means a written order issued in accordance with the provisions of
ARTICLE 5, agreed to and signed by Owner and Contractor.
Collection System Circuit means the permanent electrical and communications
infrastructure required to transmit energy and SCADA data between each Turbine and the
Collection System Substation or to the SCADA control panel as appropriate, in accordance with
the Scope of Work and the Turbine Specifications. A Collection System Circuit includes for
each Turbine, underground (and/or overhead if expressly specified in this Agreement) collection
system cables, splices, grounding transformers, junction boxes, disconnect switches, breakers
and other equipment as necessary between the Turbine and the medium voltage bus in the
Collection System Substation. For communications infrastructure purposes, each Collection
System Circuit shall include fiber optic cable and all other associated equipment necessary to
transmit performance and operating data from each Turbine to the SCADA control panel. Each
Collection System Circuit, including each Turbine associated therewith, is further described in
the Scope of Work.
Collection System Circuit Completion means, for each Collection System Circuit, the
satisfaction of all of the requirements set forth in Section 6.4(a).
Collection System Circuit Completion Certificate means a certificate from Contractor
to Owner, substantially in the form of Exhibit O, issued in accordance with Section 6.4(b), that
the requirements for Collection System Circuit Completion for a Collection System Circuit have
been satisfied.

Collection System Circuit Completion Delay Damages means the liquidated damages
payable pursuant to the terms set forth in Section 8.2(c).
Collection System Substation means the substation (including the transformers,
breakers, structures, control building, metering, and other power conditioning components),
located as shown in Exhibit A-2.
Compensable Crane Wind Day Extension has the meaning set forth in Section 10.2.
Completion Certificate means a Turbine Foundation Group Completion Certificate,
Substation Completion Certificate, Collection System Circuit Completion Certificate, Turbine
Mechanical Completion Certificate, Operations and Maintenance Building Completion
Certificate (if Owner elects the option for an Operations and Maintenance Building as provided
in Exhibit A), and Substantial Completion Certificate, as applicable.
Confidential Information has the meaning set forth in Section 17.2.
Construction Schedule means the schedule for performing the Work, which shall be
consistent with the Project Milestone Schedule, which is to be developed and agreed upon
pursuant to the Agreement.
Contractor has the meaning set forth in the first paragraph hereof.
Contractor Event of Default has the meaning set forth in Section 14.1.
Contractor Permits means the Permits that Contractor is required to secure for the
performance of the Work as listed on Exhibit C.
Contractor Responsible Roads means:
(a)

with respect to all matters of deliveries by Turbine Supplier of Turbines or


components of Turbines (or any other equipment to be supplied by the Turbine
Supplier), Contractor Responsible Roads means public roads and highways within
the Project Site (excluding Project Site boundary roads) as shown on Exhibit A-3,
and any private roads or access drives running from the just mentioned public
roads and highways to specific Job Sites or to an Owner designated storage
location or laydown area within the Project Site; and

(b)

with respect to all matters necessary for the performance and completion of the
Work under this Agreement, Contractor Responsible Roads means all public
roads and highways, wherever located, needed for or relevant to deliveries and
access to Job Sites and any other Work locations, and any private roads or access
drives running from the just mentioned public roads and highways to specific Job
Sites or other Work locations.

Contract Price has the meaning set forth in Section 3.1.

Crane Wind Day is a term sometimes used herein to refer generally to either or both of
a Crane Full Wind Day or a Crane Half Wind Day, each as hereinafter defined in this
paragraph. Crane Full Wind Day means a day during which high wind speeds (as set forth in
the table below) actually and demonstrably prevent the performance by Contractor of Turbine
erection Work utilizing a particular Main Erection Crane, provided that the effect thereof has an
adverse effect on the critical path of Contractors Work; it being further expressly understood
that a Crane Full Wind Day may only occur on a day when: (a) at least ten (10) hours of Turbine
erection work is scheduled to be performed utilizing a particular Main Erection Crane; (b)
sustained wind speeds at the levels defined in the table below or greater, as measured by the
anemometer at the top of the crane boom performing the affected activity, are being experienced
at the applicable Job Site; and (c) such winds actually prevent Contractor from performing
Turbine erection activities at the Job Site utilizing the applicable Main Erection Crane for at
least an aggregate of seven and one half (7-1/2) hours within such scheduled ten (10)- hour
workday. A Crane Half Wind Day has the identical definition as set forth in the immediately
preceding sentence, except only that, with respect to clause (c) of the immediately preceding
sentence, such winds actually prevent Contractor from performing Turbine erection activities at
the Job Site utilizing the applicable Main Erection Crane for at least an aggregate of five (5)
hours within such scheduled ten (10)-hour workday. The foregoing definitions of Crane Full
Wind Day and Crane Half Wind Day are further subject to the conditions that (i) Contractor
has provided to Owner at least twenty-four (24) hours notice of the scheduled work day hours,
(ii) Contractor provides to Owner a Wind Delay Reporting Form, substantially in the form of
Exhibit GG, on the Business Day following the applicable Crane Full Wind Day or Crane Half
Wind Day, and (iii) if, for whatever reason, Contractor is at any time utilizing more than two (2)
Main Erection Cranes in the Work, no Crane Full Wind Day or Crane Half Wind Day will be
deemed to occur with respect to more than two (2) cranes on any particular calendar day and no
Crane Full Wind Day or Crane Half Wind Day will occur as long as two (2) Main Erection
Cranes are not experiencing the above conditions, and further, as long as one (1) Main Erection
Crane is not experiencing the above conditions no more than one (1) Crane Full Wind Day or
Crane Half Wind Day will be counted no matter how many other Main Erection Cranes are
experiencing such conditions. Notwithstanding the Contractors submission of a Wind Delay
Reporting Form, a Crane Full Wind Day or Crane Half Wind Day will be deemed to have
occurred only upon the Owners review of such Wind Delay Reporting Form and any related
data that the Owner deems appropriate, and Owner has provided written concurrence to the
Contractor that a Crane Full Wind Day or Crane Half Wind Day has occurred. Work scheduled
for Saturdays or Sundays that may be delayed by wind shall nonetheless not be eligible to qualify
as either a Crane Full Wind Day or a Crane Half Wind Day. For the avoidance of doubt, the
following chart is not intended to imply that the described activity may be safely performed in all
weather conditions when the applicable wind speeds are less than the below stated speeds, it
being understood that Contractor shall at all times be responsible for the safe performance of the
Work.
Activity

Wind Speed (mph)

Installation of Base or Mid Tower Section

[25]

Installation of Top Tower Section or Nacelle

[22]

Installation of Blades

[22]

Installation work required in Nacelle to


achieve Turbine Mechanical Completion

[30]

Crane Wind Day Extension has the meaning set forth in Section 10.2.
Customs Duties means all import taxes, import duties, custom duties and other similar
charges.
Delay Liquidated Damages means Turbine Foundation Group Completion Delay
Damages, Substation Completion Delay Damages, Collection System Circuit Completion Delay
Damages, Turbine Mechanical Completion Delay Damages, Operations and Maintenance
Building Completion Delay Damages (if Owner elects the option for an Operations and
Maintenance Building as provided in Exhibit A), and/or Substantial Completion Delay Damages,
as applicable.
Deliverables List means the list of drawings and other documents set forth in Exhibit
EE to be delivered by Contractor to Owner pursuant to this Agreement.
Delivery Completion Date means, as to each Turbine, the day that all components of a
complete Turbine that is capable of Mechanical Completion have been delivered by the Turbine
Supplier to the Job Site.
Demurrage Schedule means the schedule detailing the unloading requirements with
respect to all equipment as included in Exhibit B-1.
Direct Costs means Contractors actual and verifiable cost of labor, support labor,
material, equipment, services, tools, supplies, subcontracts, Project Site and Job Site facilities,
utilities, and Project Site staffing necessary to perform the Work.
Dispute has the meaning set forth in Section 18.1.
Dollars means Dollars of the United States of America.
Easements and Special Land Owner Agreements mean the easements and other land
owner agreements identified in Exhibit A-4.
Effective Date has the meaning set forth in the first paragraph hereof.
Energization, Energized or Energizing means the electrical energization of the
Collection System Substation, Collection System Circuit, Turbine, or other applicable
component of the Project, to enable the delivery of energy from the Turbines to the Point of
Interconnection, at rated capacity and otherwise in accordance with the intended design of all
such facilities.

Final Completion means the satisfaction of all of the requirements set forth in Section
7.1.
Final Completion Date means the date on which Final Completion occurs.
Force Majeure has the meaning set forth in Section 10.1.
Geotechnical Studies means the geotechnical and soil studies performed for the Project
Site and attached hereto as Exhibit A-8.
Good Utility Industry Practices means the practices, methods, and acts (including, but
not limited to, the practices, methods, and acts engaged in or approved by a significant portion of
the electric utility industry) that, at a particular time, in the exercise of reasonable professional
judgment in light of the facts known or that should reasonably have been known at the time a
decision was made, would have been expected to accomplish the desired result in a manner
consistent with applicable Law, ISO Requirements, regulation, codes, industry standards,
equipment manufacturers recommendations, reliability, safety, environmental protection,
economy, and expedition. With respect to the Project, Good Utility Industry Practice(s) include,
but are not limited to, taking reasonable steps to ensure that:
(a)

Contractor or Subcontractor or Supplier provided equipment, materials, resources,


and supplies are available to meet the Projects needs;

(b)

Contractor or Subcontractor or Supplier provided equipment will function


properly under both normal design conditions and any reasonably foreseeable
emergency conditions at the Project Site;

(c)

appropriate monitoring and testing are performed to ensure Contractor or


Subcontractor or Supplier provided equipment is functioning as designed; and

(d)

Contractor or Subcontractor or Supplier provided equipment is not commissioned


and tested in a negligent manner, or in a manner unsafe to workers, the general
public, or in violation of environmental Laws or without regard to defined
limitations such as flood conditions, safety inspection requirements, operating
voltage, current, volt-ampere reactive (VAR) loading, frequency, rotational speed,
polarity, synchronization, and/or control system limits.

Governmental Authority means any federal, state, local, municipal or other


governmental, regulatory, administrative, judicial, public or statutory instrumentality, court or
governmental tribunal, agency, commission, authority, body or entity having legal jurisdiction
over the matter or Person in question.
Grounding Grid means a grounding grid meeting the requirements set forth in the
Scope of Work.
Guaranteed Completion Dates means the Guaranteed Turbine Foundation Group
Completion Dates, the Guaranteed Substation Completion Date, the Guaranteed Collection
System Circuit Completion Dates, the Guaranteed Turbine Mechanical Completion Dates, and
6

the Guaranteed Operations and Maintenance Building Completion Date (if Owner elects the
option for an Operations and Maintenance Building as provided in Exhibit A).
Guaranteed Collection System Circuit Completion Date means, for each Collection
System Circuit, the date set forth on Exhibit T.
Guaranteed Operations and Maintenance Building Completion Date means the date
identified as such in Exhibit T (applicable only if Owner elects the option for an Operations and
Maintenance Building as provided in Exhibit A).
Guaranteed Substation Completion Date means the date identified as such in Exhibit T.
Guaranteed Turbine Foundation Group Completion Date means, for each Turbine
Foundation Group, the date identified as such in Exhibit T.
Guaranteed Turbine Mechanical Completion Date means, for each Turbine, the date set
forth on Exhibit T; provided, that any such date will be extended for one (1) day for each day by
which the Delivery Completion Date of the applicable Turbine is later than fifteen (15) days
before the applicable Guaranteed Turbine Mechanical Completion Date for that Turbine set forth
on Exhibit T.
Hazardous Materials means (i) any chemicals, materials, substances, or wastes which
are now or hereafter defined as or included in the definition of hazardous substance,
hazardous material, hazardous waste, solid waste, toxic substance, extremely
hazardous substance, pollutant, contaminant, or words of similar import under any
Applicable Law; (ii) any petroleum, petroleum products (including crude oil or any fraction
thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas useable for fuel (or
mixtures of natural gas and such synthetic gas), or oil and gas exploration or production waste,
polychlorinated biphenyls, asbestos-containing materials, mercury, urea formaldehyde
insulation, radioactivity and lead-based paints or any other substance that has been contaminated,
polluted or made toxic; and (iii) any other chemical, material, substances, waste, or mixture
thereof which is prohibited, limited, or regulated pursuant to, or that could reasonably be
expected to give rise to liability under, any applicable Law.
Independent Engineer means an engineering consulting firm designated by Owner, or
any successor engineering consulting firm designated by Owner.
Installation Manual means each installation manual with respect to the Balance of Plant
to be provided by Contractor or a Supplier or Subcontractor, each of which shall be attached as
part of Exhibit A when completed. For the avoidance of doubt, the inclusion of the Installation
Manuals shall not relieve Contractor of any obligation to insure that such Installation Manuals
conform to the requirements of this Agreement, including the Scope of Work as attached hereto
as of the Effective Date.
Interconnection Requirements means the Interconnection Requirements attached hereto
as Exhibit D.
ISO means the Midwest Independent Transmission System Operator.
7

ISO Requirements means the ____ Operating Guides, ____ Metering Guidelines, ISO
Generation Interconnection Procedures, _____ Protocols as well as any other documents adopted
by the ISO relating to the interconnection and operation of generators and transmission systems
in the ISO as amended from time to time, and any successors thereto.
Job Book means a manual prepared by Contractor and approved by Owner containing
all Contractor (and Subcontractor and Supplier) engineering, design, purchasing and other
information relating to the Work, including the information described in Exhibit V.
Job Site means, as to each individual Turbine, the specific location, within the overall
Project Site, at which that Turbine is to be installed. A list of the Owners presently
contemplated Job Sites is set forth in Exhibit A-5, which shall be subject to revision by the
Owner pursuant to Section 4.3.
Land Owner or Occupant mean a Person from whom Owner has obtained an Easement
and/or Other Special Land Owner Agreement, and such Persons successors and assigns, and
their family members, licensees, invitees and lessees, if any, who may from time to time occupy
or be present on the Project Site.
Late Completion Notice has the meaning set forth in Section 8.2(f).
Laws means all laws, treaties, ordinances, statutes, judgments, injunctions, decrees,
orders, writs, rules, regulations and interpretations, in effect as of or at anytime after the
Effective Date, of any Governmental Authority having jurisdiction over the actions of
Contractor, the Project Site, all or any portion of the Project, the performance of the Work, this
Agreement and each other document, instrument and agreement delivered or to be delivered
hereunder or in connection herewith.
LNTP means a Limited Notice to Proceed issued by Owner pursuant to Section 4.2.
LNTP Date means the date of the LNTP, if any, issued by Owner.
Main Erection Crane means a crane used to erect mid Tower sections, top Tower
sections, nacelles, hubs and blades.
Major Supplier means any Supplier that will supply any materials, supplies, parts or
equipment for or in connection with the Work having an aggregate value in excess of
).
Milestone means each Milestone designated as such in the Project Milestone Schedule.
Milestone Date means each date associated with a Milestone as designated in the
Project Milestone Schedule.
Milestone Payment Schedule means the milestone payment schedule attached hereto as
Exhibit F.
MPSC means the Michigan Public Service Commission.
8

Notice of Final Completion means a notice from Owner to Contractor issued in


accordance with Section 7.1, that the requirements for Final Completion have been satisfied.
Notice to Proceed has the meaning set forth in Section 4.1.
Notice to Proceed Date means the date of the Notice to Proceed.
Operations and Maintenance Building Completion means the satisfaction of all of the
requirements set forth in Section 6.6(a) (applicable only if Owner elects the option for an
Operations and Maintenance Building as provided in Exhibit A).
Operations and Maintenance Building Completion Certificate means a certificate from
Contractor to Owner, substantially in the form of Exhibit R, issued in accordance with
Subsection 6.6(b), that the requirements for Operations and Maintenance Building Completion
have been satisfied (applicable only if Owner elects the option for an Operations and
Maintenance Building as provided in Exhibit A).
Operations and Maintenance Building Completion Delay Damages means the
liquidated damages payable pursuant to the terms set forth in Section 8.2(e) (applicable only if
Owner elects the option for an Operations and Maintenance Building as provided in Exhibit A).
Owner has the meaning set forth in the first paragraph hereof.
Owner Contractors means those Persons, other than Contractor, with whom Owner
contracts to perform any work or services or provide any materials, supplies, parts, and
equipment in connection with the Project (including Turbine Supplier), or their subcontractors or
suppliers of any tier.
Owner Permits means the Permits that Owner is required to secure relating to the
construction, ownership and operation of the Project as listed on Exhibit C.
Owner Supplied Equipment means the Turbines, and any other materials, parts,
supplies and equipment that are to be supplied by Owner or any Owner Contractor, as expressly
identified in Exhibit B.
Party or Parties means either or both, as the case may be, of the Owner and the
Contractor.
Permits means any valid waiver, exemption, variance, franchise, permit, authorization,
license or similar order of or from, or filing or registration with, or notice to, any Governmental
Authority applicable to the performance of the Work or the construction, ownership, operation or
maintenance of the Project, including the Balance of Plant.
Person means any individual, corporation, partnership, limited liability company,
association, joint stock company, trust, unincorporated organization, joint venture, government
or political subdivision or agency thereof.

Point of Interconnection means, the point where the high voltage electrical output of
the Project interconnects with the Owners Amber Substation, as more fully set forth in Exhibit
A.
Project means Owners nominal 100 MW wind energy electric generation project
located in Mason County, Michigan, commonly referred to as the Lake WindsTM Energy Park
the approximate currently contemplated Project Site Boundaries being set forth in Exhibit A-2.
Project Milestone Schedule means the project Milestone schedule attached as Exhibit
E.
Project Site Boundaries means the areas marked as such on Exhibit A-2, which shall be
subject to revision by the Owner pursuant to Section 4.3.
Project Site means, collectively, the real property in Mason County, Michigan, that is
more particularly described in the Site Plan attached as Exhibit A-2, which shall be subject to
revision by the Owner pursuant to Section 4.3.
Prudent Wind Industry Practices means, with respect to Contractor, those practices,
methods, specifications and standards of safety, performance, dependability, efficiency and
economy generally recognized by industry members in the U.S., including wind generation
owners, wind turbine generator suppliers, wind generation project construction contractors, and
engineering firms, as good and proper, and such other practices, methods or acts which, in the
exercise of reasonable judgment by those reasonably experienced in the industry in light of the
facts known at the time a decision is made, would be expected to accomplish the result intended
at a reasonable cost and consistent with applicable Laws, reliability, safety and expedition.
Prudent Wind Industry Practices are not intended to be limited to the optimum practices,
methods or acts to the exclusion of all others, but rather to be a spectrum of good and proper
practices, methods and acts.
PTC Qualifying Date means the date by which a facility using wind to produce
electricity must be originally placed in service in order to be considered a qualified facility that
is eligible for the credits provided for in 26 U.S.C. 45; that date currently being December 31,
2012.
PTC Qualifying Minus Two Months Date means the date falling two (2) months prior
to the PTC Qualifying Date; that date currently being October 31, 2012 (based on the PTC
Qualifying Date currently being December 31, 2012)
Punch List means the list prepared by Contractor, and approved by Owner, in
connection with the achievement of Substantial Completion identifying the non-material Work
that remains to be completed following Substantial Completion that does not affect the safe and
continuous operation of the Project or any part of the Project in accordance with Good Utility
Industry Practices and Prudent Wind Industry Practices.

10

Punch List Holdback Amount means the Final Completion Milestone payment shown
on the Milestone Payment Schedule, which amount will not be paid until Final Completion
including completion of all Punch List items and delivery of all As-Built Drawings.
QA/QC Program has the meaning set forth in Subsection 2.17(a).
Retainage has the meaning set forth in Section 3.6.
Route Improvements means:
(a)

with respect to Contractor Responsible Roads as defined in clause (a) of the


definition of that term: Any and all temporary or permanent physical
modifications or improvements to, or construction of, such Contractor
Responsible Roads; the acquisition of any necessary permits or approvals for the
use of such Contractor Responsible Roads; and any other necessary measures
related to the use, modification, construction or improvement of such Contractor
Responsible Roads; that may be necessary or desirable for the making of
deliveries by Turbine Supplier of Turbines or components of Turbines (or any
other equipment to be supplied by the Turbine Supplier) to specific Job Sites or to
an Owner designated storage location or laydown area within the Project Site; and

(b)

with respect to Contractor Responsible Roads as defined in clause (b) of the


definition of that term: Any and all temporary or permanent physical
modifications or improvements to, or construction of, such Contractor
Responsible Roads; the acquisition of any necessary permits or approvals for the
use of such Contractor Responsible Roads, posting of any necessary bonds for the
use, modification, construction, or improvement of such Contractor Responsible
Roads, and any other necessary measures related to the use, modification,
construction or improvement of such Contractor Responsible Roads; as may be
necessary or desirable for, or relevant to deliveries and access to Job Sites and any
other Work locations, or otherwise for the performance and completion of the
Work under this Agreement.

Any Route Improvements under either clause (a) or (b) above consisting of repairs to or
maintenance of or other work upon a public road or highway that the applicable county road
commission or other Governmental Authority having jurisdiction requires to be done by its own
crews, the responsibility for the applicable Route Improvements shall consist of making any
necessary payment for such repairs, maintenance, or other work.
The Contractor understands that it shall perform all of its responsibilities under this
Agreement associated with Route Improvements in accordance with the terms, conditions,
limitations and requirements of any agreement regarding same that may be entered into between
the Owner and the County Road Commission and/or any other Governmental Authorities having
jurisdiction, as well as with all other requirements of this Agreement.
Safety Plan has the meaning set forth in Section 2.16(b).

11

SCADA means the control and monitoring system, including central computer, remote
PC system and ancillary communication terminals and cables installed in individual Wind
Turbine Generator controllers, meteorological towers and the Collection System Substation, to
be supplied and installed by the provider of the SCADA.
Scope of Work means the specifications and requirements for, and description of, the
Balance of Plant and otherwise regarding the Work, as specified in Exhibit A.
Senior Officer has the meaning set forth in Section 18.1.
Site Plan means the design and layout for the Project set forth on Exhibit A-2, as same
may be revised by the Owner pursuant to Section 4.3.
Subcontract means any contract, agreement, purchase order, or other agreement
between Contractor and a Subcontractor (or between any Subcontractor and a lower tier
Subcontractor) in respect of any of Contractors obligations hereunder with respect to the
Project.
Subcontractor means a Person that has a Subcontract (at any tier) to perform a portion
of the Work at the Project Site or in relation to any transportation to the Project Site; provided,
however, that the term Subcontractor shall not include any Suppliers.
Substantial Completion means the satisfaction of all of the requirements set forth in
Section 6.7(a).
Substantial Completion Date means the date on which Substantial Completion occurs.
Substantial Completion Certificate means certificate from Contractor to Owner,
substantially in the form of Exhibit N, issued in accordance with Section 6.7(b), that the
requirements for Substantial Completion have been satisfied.
Substation Completion means the satisfaction of all of the requirements set forth in
Subsection 6.3(a).
Substation Completion Certificate means a certificate from Contractor to Owner,
substantially in the form of Exhibit N, issued in accordance with Subsection 6.3(b), that the
requirements for Substation Completion have been satisfied.
Substation Completion Delay Damages means the liquidated damages payable
pursuant to the terms set forth in Subsection 8.2(b).
Supplier means any Person supplying materials or equipment to Contractor or to any
Subcontractor for the Work, but who does not perform labor at the Project Site.
Tower means each steel tubular tower on which a Wind Turbine Generators nacelle
shall be mounted, including all ladders, platforms, internal lighting, safety equipment and all
parts, hardware and assemblies necessary for a complete turbine tower.

12

Turbine means each of the fifty-six (56) wind turbine generators having a nameplate
capacity of 1.8 MW, manufactured by Turbine Supplier, that are to be installed and erected under
this Agreement, each including, among other components, the following: a Tower, a turbine
nacelle, a set of three (3) blades, a hub, controller, control panels, switchgear, FAA lighting
(where applicable), and anemometers, all as more particularly described in the Turbine
Specifications.
Turbine Foundation means the foundation for each Turbine.
Turbine Foundation Completion has the meaning set forth in Subsection 6.2(a).
Turbine Foundation Group Completion means, for each Turbine Foundation Group, the
satisfaction of all the requirements set forth in Subsection 6.2(a).
Turbine Foundation Group Completion Certificate means a certificate from Contractor
to Owner, substantially in the form of Exhibit L, issued in accordance with Subsection 6.2(b),
that the requirements for Turbine Foundation Group Completion for a Turbine Foundation Group
have been satisfied.
Turbine Foundation Group means a grouping of five (5) or six (6) Turbine Foundations
as set forth in Exhibit T.
Turbine Mechanical Completion for each Turbine, has the meaning set forth in Section
6.5(a).
Turbine Mechanical Completion Certificate means a certificate from Contractor to
Owner, substantially in the form of Exhibit M, issued in accordance with Section 6.5(b), that the
requirements for Turbine Mechanical Completion for a Turbine have been satisfied.
Turbine Mechanical Completion Delay Damages means the liquidated damages
payable pursuant to the terms set forth in Section 8.2(a).
Turbine Specifications means the specifications for each Turbine and equipment other
than the Balance of Plant and attached hereto in Exhibit B-1.
Turbine Supplier means Vestas-American Wind Technology, Inc.
Turbine Supply Agreement means the Turbine Purchase Agreement between the
Turbine Supplier and Owner dated as of July 23, 2010.
Warranty Period has the meaning set forth in Section 11.2(b).
Work has the meaning set forth in Section 2.1.
Section 1.2 Rules of Interpretation.
This Agreement shall be
interpreted in accordance with the rules of interpretation set forth in this Section 1.2.

13

(a)

Sections, Articles and Exhibits. References to Sections, Articles and


Exhibits are, unless otherwise indicated, made to Sections of, Articles
of, and Exhibits to this Agreement. The Parties acknowledge that the
Exhibits to this Agreement form an integral part hereof.

(b)

Headings. The headings to Sections and Articles of this Agreement are


for ease of reference only and shall not limit or restrict the construction
or interpretation of this Agreement.

(c)

Gender. The masculine gender shall include the feminine and neuter
and the singular number shall include the plural and vice versa, and
references to persons shall include individuals, bodies corporate,
unincorporated associations and partnerships.

(d)

Successors and Assigns. References to Parties in this Agreement shall


be deemed to include references to their successors and permitted
assigns.

(e)

Miscellaneous. The words herein, hereof and hereunder shall


refer to this Agreement as a whole and not to any particular article,
section or subsection of this Agreement. All accounting terms not
specifically defined herein shall be construed in accordance with
generally accepted accounting principles in the United States of
America, consistently applied. References to any agreement, document
or instrument shall mean a reference to such agreement, document or
instrument as the same may be amended, modified, supplemented or
replaced from time to time. The use of the word includes or
including in this Agreement shall be construed to mean, whether same
is expressly stated or not in any particular location, including, without
limitation or including but not limited to and shall not be construed
to mean that the examples (if any) given are an exclusive list of the
topics covered. The word day shall constitute a calendar day of
twenty-four (24) hours measured from midnight to the next midnight.

Section 1.3 Conflicting Provisions. The Agreement and Exhibits


attached hereto shall be considered complementary. However, in the event of irreconcilable
conflict between the Agreement and the Exhibits, the Agreement shall govern and the conflicting
provisions shall be interpreted in a manner consistent with the provisions of the Agreement. In
the event of a conflict between Exhibits, the requirements imposing the more stringent or higher
quality requirements upon the Contractor shall take precedence over the less stringent or lesser
quality requirements applicable thereto. Where a conflict exists among codes and standards
applicable to Contractors performance of the Work, the most stringent provision of such codes
and standards shall govern. In the event that a conflict or inconsistency cannot be resolved by
the application of the foregoing, the resolution of such conflict or inconsistency shall be made by
Owner and provided to Contractor in writing.

14

ARTICLE 2
CONTRACTOR OBLIGATIONS
Section 2.1 Contractors Performance Obligations. Subject to the
conditions precedent set forth in Section 4.1, and Contractors receipt of Owners Notice to
Proceed pursuant to Section 4.1 (and if elected by the Owner, LNTP pursuant to Section 4.2)
Contractor shall for the Contract Price perform all design, engineering, technical assistance,
procurement, supply, management, construction, installation, start-up, commissioning, and
testing, and other services and activities, as more fully described in Exhibit A or elsewhere in
this Agreement (the Work). The Work shall include any work which is necessary to satisfy the
requirements of this Agreement or that is reasonably implied by this Agreement, or arises from
any obligation of Contractor under this Agreement, even if not explicitly referenced in this
Agreement. Without limiting the foregoing, the Work shall include:
(a)

constructing and installing the Balance of Plant and performing the


Balance of Plant Performance Tests in conformity with the requirements
and specifications set forth in this Agreement;

(b)

inspect or cause to be inspected all materials and equipment to be


incorporated in the Work and reject those items determined by the
Contractor not to be in compliance with Laws or the requirements of
this Agreement;

(c)

supplying all labor, utilities, vehicles, transportation, materials, parts,


supplies, equipment, tools and consumables required in connection with
the performance of the Work (all materials, supplies, parts, and
equipment supplied by the Contractor for incorporation into the Balance
of Plant to be new and unused unless expressly otherwise approved by
the Owner in writing), excepting ONLY Owner Supplied Equipment as
expressly identified in this Agreement, including all Turbine installation
consumables required pursuant to the Turbine Supply Agreement;

(d)

cooperate with Owner and Owner Contractors to coordinate


Contractors performance of the Work with the work being performed
by Owner and Owner Contractors;

(e)

timely obtaining all Contractor Permits;

(f)

not manufacturing, using, storing or disposing at, or delivering to, the


Project Site any Hazardous Materials except to the extent necessary to
perform its obligations under this Agreement, any such manufacture,
delivery, use, storage and disposal to be performed in compliance with
all Laws;

(g)

permitting the Owner, the Independent Engineer and any other persons
designed by the Owner access to the Work at all times; and

15

(h)

provide progress reports and participate in meetings as set forth in


EXHIBIT DD.

Contractor shall perform the Work in accordance with Contractors quality control procedures,
the Project Milestone Schedule, the Construction Schedule, in a manner as necessary to avoid all
demurrage and other delay charges to the Owner under the Demurrage Schedule, all applicable
codes and engineering standards, all applicable Laws and Permits, the Interconnection
Requirements, Good Utility Industry Practices, Prudent Wind Industry Practices, the Safety Plan,
all specifications and requirements provided by the Turbine Supplier pursuant to the Turbine
Purchase Agreement, the Scope of Work and the Turbine Specifications, as applicable, any BOP
Vendor Operations Manuals, the requirements, limitations and other conditions of the Easements
and Special Land Owner Agreements and the additional Contractor land use restrictions in
Exhibit A-4, the limitations and other conditions of Permits, and otherwise fully in accordance
with all of the terms and conditions of this Agreement. Contractor hereby agrees that it shall not
make any changes or modifications to the Work without the prior written approval of Owner.
Notwithstanding anything else to the contrary in this Agreement, no inspection, review,
or approval by Owner or any representative of Owner (or any action or inaction of the Owner as
a result of or in conjunction with such inspection review or approval) of any design,
specification, drawing, plan, manual, test, equipment, material, program, method, procedure or
Work provided or performed by Contractor or any Subcontractor or Supplier shall constitute an
approval, endorsement, confirmation or acknowledgment by Owner that the same satisfies the
requirements of this Agreement; nor shall any such inspection, review or approval relieve
Contractor of any of its obligations or liabilities under or arising from this Agreement. No
waiver or failure by Owner in whole or in part to exercise any right to inspect, review or approve
any design, specification, drawing, plan, manual, test, equipment, material, program, method,
procedure or Work shall in any way relieve Contractor of full liability for the quality, character,
and performance of the Work and every part of it, nor shall it prejudice or affect the rights of
Owner set forth in this Agreement.
Section 2.2 Deliverables.

Contractor shall provide the following to

Owner:
(a)

Deliverables List. Contractor shall provide to Owner, in accordance


with the schedule that is part of the Deliverables List, each drawing and
other document listed on the Deliverables List. Each such drawing and
other document submitted pursuant to the Deliverables List shall be
subject to the reasonable review and approval of the Owner. Within
fifteen (15) Business Days (or such other review period as may be
expressly provided for elsewhere in this Agreement) of the receipt of
any design package with all appropriate drawings and/or calculations
reasonably required to conduct a proper evaluation and review,
submitted to it for review under this Agreement, Owner shall notify
Contractor of any comments or questions that it may have thereon.
Within ten (10) days of the receipt of Owners comments or questions
on any drawing or other document, Contractor shall respond to such

16

comments or questions and re-submit such drawing for Owners review


in accordance with this Section 2.2(a).
(b)

Without limiting the generality of Subsection 2.2(a) above:


i.

Manuals and Other Documents. As soon as available to Contractor


but no later than the Substantial Completion Date, Contractor shall
deliver to Owner three (3) complete hard copies and one (1)
electronic copy of each of (i) the Installation Manual, (ii) the BOP
Supplier Manuals assembled and compiled in binders, containing
all such materials organized by the categories of Collection
System, and Substation, (iii) a list of recommended BOP Spare
Parts, specifications, and vendor information if not previously
delivered, and (iv) other documents that Owner may reasonably
request. In addition, copies of Installation Manuals and the BOP
Vendor Manuals will be supplied in electronic format, as available.

ii.

Wind Turbine Job Books. No later than the date that Turbine
Mechanical Completion for each Turbine is achieved, Contractor
shall deliver to Owner for Owners review and approval three (3)
preliminary hard copies and one (1) electronic copy of the Job
Books for such Turbine. Upon Final Completion, Contractor shall
submit to Owner for Owners review and approval three (3) final
hard copies and one (1) electronic copy of the Job Books for each
Turbine in form and substance reasonably satisfactory to Owner.

iii.

Other Job Books. No later than the Substantial Completion Date,


Contractor shall deliver to Owner for Owners review and approval
three (3) preliminary hard copies and one (1) electronic copy of the
Job Books for all portions of the BOP not included in the Job
Books for the Turbines. Upon Final Completion, Contractor shall
submit to Owner for Owners review and approval three (3) final
hard copies and one (1) electronic copy of such Job Books in form
and substance reasonably satisfactory to Owner.

iv.

As-Built Drawings. No later than thirty (30) days after the


Substantial Completion Date, Contractor shall deliver to Owner
three (3) hard copy sets and one (1) electronic copy of final as-built
drawings (the As-Built Drawings) prepared by Contractor which
accurately and completely represent in detail everything
assembled, installed, and constructed pursuant to this Agreement.

Section 2.3 Contractors Key Personnel. Exhibit CC contains a list of


Contractors key personnel who will be responsible for supervising the performance of the Work,
including (among others on that list) the Contractors project manager who shall act as the single
point of contact in all matters relating to this Agreement on behalf of Contractor and
Contractors project superintendent. Contractor shall not replace any of the key personnel listed
17

in Exhibit CC without the prior written approval of Owner which approval shall not be
unreasonably withheld. Contractor shall replace the project manager and/or other key personnel
listed on Exhibit CC upon Owners reasonable written request.
The Owner reserves the right to refuse admittance to, or request removal from the Project
Site, of any Contractor (or Subcontractor or Supplier) employee for violating Project Site rules,
behaving in any disruptive manner, or any other reasonable cause. Such refusal or request shall,
unless the Owner approves otherwise be complied with immediately by the Contractor and shall
not constitute cause for claiming additional time, compensation or damages. Removal of any
employee shall not release the Contractor from any of its obligations under the terms of this
Agreement. Any person discharged for cause by Contractor or any Subcontractor or Supplier
may not be re-employed at the Project Site by another Subcontractor or Supplier; nor shall the
Contractor or any Subcontractor or Supplier employ at the Project Site an employee of any
Owner Contractors who has similarly been refused admittance to or removed from the Project
Site by the Owner.
Section 2.4 Books and Records, Tax Accounting. Contractor shall
provide to the Owner a breakdown of the Contract Price in accordance with the property
retirement unit categories and other systems of accounts and in a records format in accordance
with Exhibit U. Overheads and profit shall not be listed as separate items.
Section 2.5 Subcontractors and Suppliers.
(a)

Owner acknowledges that Contractor may use and engage


Subcontractors and Major Suppliers to perform some or all of its
obligations hereunder.
Exhibit X hereto sets forth a list of
Subcontractors and Major Suppliers pre-approved by Owner for services
or the supply of equipment or materials. No Subcontract or purchase
order with any Supplier shall be entered into other than with a
Subcontractor or Major Supplier already pre-approved pursuant to
Exhibit X hereto without Owners prior written approval. Contractor
and Owner agree that Owners approval of Subcontractors or Major
Suppliers does not relieve Contractor of any of its obligations, duties or
responsibilities hereunder. Upon the request of Owner, Contractor shall
provide to Owner background information regarding the experience,
financial strength, personnel and other background of any proposed
Subcontractor or Major Supplier. The Contractor shall at all times be as
fully responsible to the Owner for the actions, omissions, operations and
Work of each of the Contractor's Subcontractors and Suppliers as the
Contractor is for the actions, omissions, operations and Work of the
Contractor itself (it being further expressly understood that such full
responsibility of the Contractor for the actions, omissions, operations
and Work of its Subcontractors and Suppliers shall be comprehensive
and shall apply whether or not "Subcontractors" and/or Suppliers are
in various specific contexts specifically mentioned or referred to
elsewhere in this Agreement).

18

(b)

Notwithstanding the foregoing, Owner may require Contractor to


remove any such Subcontractors or Suppliers that fail to comply with
the Safety Plan and Applicable Laws. Should Owner become aware that
any Subcontractor or Supplier is not in compliance with the Safety Plan
and/or any Applicable Laws, Owner shall provide notice to Contractor
of its desire to have such Subcontractor or Supplier removed, which
notice shall set forth in reasonable detail the incidents of noncompliance with the Safety Plan or any Applicable Laws. Contractor
shall be solely responsible for the performance of the Work and for
paying each Subcontractor and Supplier amounts due to such
Subcontractor and Supplier and nothing contained herein shall obligate
Owner to pay any Subcontractor or Supplier for any of the Work
performed by such Subcontractor or Supplier. No Subcontractor or
Supplier is intended to be, nor shall any such Subcontractor or Supplier
be deemed to be, a third party beneficiary of this Agreement.
Contractor shall cause all Subcontractors and Suppliers to comply with
the standards of performance set forth in this Agreement applicable to
Contractor, including, without limitation, compliance with all Laws,
Good Utility Industry Practices and the Safety Plan. Contractor agrees
to cause all Subcontractors, and to the extent they may have any
presence on the Project Site, Suppliers, to maintain, and comply with,
the insurance requirements of Contractor.

(c)

Without in any way detracting from Contractors representations and


warranties and other testing requirements and guarantees set forth herein
with respect to all of the Work, Contractor shall obtain from all
Subcontractors and Suppliers warranties with the longest practicable
warranty periods with respect to design, materials, workmanship,
equipment, tools, supplies, and other items furnished by such
Subcontractors and Suppliers. Such warranties shall be for the benefit
of and shall be made enforceable by both the Owner and the Contractor.

Section 2.6 Cooperation Regarding Commercial Operation. Contractor


and Owner recognize that after a Turbine has been placed into commercial operation by Owner,
Contractor may be continuing with completion of the Work. Following such time as a Turbine
has been placed into commercial operation, Owners operation shall have priority over the
prosecution of the Work and Contractor shall not interfere with the Owners operation of the
Turbines or the Project as a whole; provided, however, that Owner shall use reasonable efforts to
accommodate Contractors completion of the Work.
Section 2.7 Taxes and Customs Duties.
(a)

The Contract Price includes, and Contractor shall pay, all sales and use (except as
expressly otherwise provided in Subsection 2.7(b) below) and any other
applicable taxes, whether federal, state, local or otherwise, on materials, parts,
supplies, equipment, services, labor, and personal property furnished or used or
purchased for use in connection with the Work, and shall also pay all income,
19

gross receipts, ad valorem, privilege, occupational, business, employment-related


and any other withholding, excise, Customs Duties, or any other taxes to which
Contractor may be liable or subjected to in the conduct of its business, or which
may otherwise be applicable to the Work or anything done or furnished in
connection with the Work.
(b)

The Contractor understands that the following materials, parts, supplies and
equipment are claimed by the Owner to be exempt from Michigan sales and use
tax by reason of the Industrial Processing exemption:
(i)

materials, parts, supplies and equipment to be furnished and permanently


installed in the Project by the Contractor hereunder, except those items to
be permanently installed that are listed on Exhibit II to this Agreement,
and

(ii)

materials, parts, supplies and equipment to be furnished and used by the


Contractor in the design and construction of all items that are to be so
permanently installed (other than those permanently installed items that
are listed on Exhibit II). The materials parts supplies and equipment
claimed to be exempt under this clause "(ii)" specifically includes all
consumables needed for the construction of the permanently installed
items, other than the permanently installed items listed on Exhibit II, and
all materials to be used for temporary facilities or improvements needed
for the construction of the permanently installed items, other than the
permanently installed items listed on Exhibit II.

The Contractor certifies to the Owner that the Contractor has not included any
amounts in the Contract Price for Michigan sales or use tax on materials, parts,
supplies and equipment identified in the preceding clauses "(i)" and "(ii)". In the
event that it is ultimately found by Michigan taxing authorities that any of such
materials, parts, supplies or equipment is not eligible for such Industrial
Processing exemption, the Owner will pay the applicable tax directly to the State
of Michigan.
With respect to materials, supplies, parts and equipment that are to be
permanently installed in the Project but which are listed on the aforesaid Exhibit
II, and with respect to all other materials, supplies, parts and equipment not
covered by the above clauses "(i)" and "(ii)", it is expressly understood (without
limiting the generality of Subsection 2.7(a) above) that the Contractor shall pay
and the Contract Price fully includes all applicable sales and use tax.
Section 2.8 Removal of Hazardous Materials. If Contractor or any
Subcontractor or Supplier (a) brought or caused to be brought Hazardous Materials on the
Project Site or (b) improperly released, handled, treated or stored Hazardous Materials on the
Project Site, then Contractor shall be responsible, at its cost and expense, to remove or to
remediate all such Hazardous Materials in accordance with all applicable Laws. Contractor shall
not list Owner as the generator of any Hazardous Materials that Contractor removes from the
Project Site. Contractor shall notify Owner of any Hazardous Materials that it encounters on the
Project Site or any release of Hazardous Materials by Contractor or any Subcontractor or
Supplier. To the extent pre-existing Hazardous Materials interferes with Contractors Work at
20

the location where the Hazardous Materials are located, Contractor may stop such Work at such
location until such time as Owner has determined what steps, if any, are required.
Section 2.9 Security for Performance of the Work.
Upon the issuance of the Notice to Proceed, Contractor shall deliver to
Owner a payment and performance bond in an amount equal to the
Contract Price, in form and substance reasonably acceptable to Owner
and issued by treasury listed surety company or companies with an AM
Best Rating of A-VII or better and that are authorized to do business in
the State of Michigan. Said bond shall be written so as to remain in
effect through the Warranty Period and any extensions thereof pursuant
to the terms of this Agreement to cover and include all of the
Contractor's warranty obligations, provided, that after Final Completion,
the amount of the bond may be reduced to
(
As an alternate to reducing the amount the bond to
(
) after Final Completion as noted above, the Contractor
may, after Final Acceptance, deliver to Owner a separate payment and
performance bond in the amount of
written so as to remain in effect through the Warranty Period and any
extensions thereof pursuant to the terms of this Agreement to cover and
include all of the Contractor's warranty obligations. Any such separate
bond shall be in form and substance reasonably acceptable to Owner
and issued by treasury listed surety company or companies with an AM
Best Rating of A-VII or better and that are authorized to do business in
the State of Michigan. It is expressly understood, however, that the
original bond must have, from its inception, be written to remain in
effect through the Warranty Period as provided in the immediately
preceding subparagraph, and, following Final Completion, such original
bond may in no event be released or terminated unless and until Owner
so authorizes in writing, including that Owner has approved the
replacement bond. .
The cost of the bond(s) is included in the Contract Price
(b)

Contractor shall cause all Subcontracts and all purchase orders with
Suppliers to be assignable to Owner and shall assign such Subcontracts
and purchase orders to Owner if and when required pursuant to the
terms of this Agreement. Owner is at no time liable for Contractors
obligations under any Subcontract or purchase order unless and until
(and then only to the extent that) Owner has expressly in writing
assumed performance of such obligations including following (and as a
consequence of) Owners exercise of its rights and remedies hereunder.

21

Section 2.10 Construction Liens. Contractor shall pay (or cause to be


paid) when due all charges from and amounts otherwise due to all laborers, Subcontractors and
Suppliers. Contractor shall, solely at Contractors expense, take prompt steps to discharge any
claim, construction lien or other lien (and in any event no later than ten (10) Business Days from
the imposition of such claim, construction lien or other lien) filed or asserted in connection with
the Work (including any claim, construction lien or lien against Owner, the Project Site or any
part thereof (including the Job Sites and any other locations where facilities are to be installed or
constructed hereunder), the Balance of Plant, the Work or any portion thereof), and Contractor
shall indemnify, defend and hold harmless Owner from and against any and all such claims,
construction liens or other liens. Contractor shall have the right to contest any such claim,
construction lien or other lien provided that Contractor first fully discharges of record the claim,
construction lien or other lien or provides other assurance of payment satisfactory to Owner in
Owners sole judgment.
Section 2.11 Schedule. Contractor shall develop and deliver to the Owner within
thirty (30) days after the Effective Date, for the Owners review and approval, a detailed
Construction Schedule for the performance of the Work. Such Construction Schedule shall be
consistent with the Project Milestone Schedule and shall be satisfactory to the Owner. Contractor
shall perform all Work in accordance with the Project Milestone Schedule, the Construction
Schedule and Guaranteed Completion Dates.
Contractor hereby covenants, represents and warrants to Owner that in undertaking to
complete the Work in accordance with the terms of this Agreement, Contractor has taken into
consideration, carefully reviewed and analyzed the location of the Project Site, the Project
Milestone Schedule, the Guaranteed Completion Dates, the Contractors permitting
requirements, the conditions at the Project Site set forth in the Geotechnical Studies, the Scope of
Work and the Turbine Specifications, Contractors own design, manufacturing, engineering, and
construction capabilities, the availability of labor, materials and components to perform the
Work, and transportation requirements and made reasonable allowances for hindrances and
delays incident to such Work and that Contractor is able to perform the Work for the Contract
Price in accordance with the Construction Schedule and the Guaranteed Completion Dates,
except as may be delayed due to a Force Majeure Event, or (solely in respect to achieving a
Guaranteed Turbine Mechanical Completion Date as expressly provided elsewhere in this
Agreement) a Crane Wind Day Extension.
Section 2.12 Owners Right to Accelerate the Work. Owner may, in
writing, request Contractor, as a result of any delays in construction of the Project that are the
fault of Owner and not attributable to any failure of Contractor to fulfill its obligations under this
Agreement, or are attributable to Force Majeure Events or (where provided for in this
Agreement) Wind Days, to accelerate the Work so as to wholly or partially recover the original
Construction Schedule, and Contractor shall use all commercially reasonable efforts to so
accelerate performance of its Work as so requested by the Owner. The acceleration of Work
may require the employment of additional work crews or overtime and equipment as necessary
and as available. The reasonable additional costs incurred by Contractor in carrying out such
acceleration of the Work shall be reimbursed by Owner in accordance with the rates and charges
set forth in Exhibit K. Any such acceleration requested by Owner pursuant to this paragraph and

22

the additional charges therefor shall be authorized by the Owner and set forth in a Change Order
issued by the Owner pursuant to ARTICLE 5.
Acceleration of the Work as a result of delays that are not excused by Force Majeure
Events or (where provided for in this Agreement) Wind Days, and are not the fault of the Owner,
as necessary to recover the original Construction Schedule, including employment of additional
work crews or overtime and equipment as necessary, shall be the responsibility of the Contractor
at no additional cost or expense to the Owner.
Section 2.13 Damage to Real Property. Contractor will conduct all of
Contractors activities within the boundaries of the applicable Job Site or other Owner
designated work area and any other limitations and requirements set forth herein (including the
requirements of Exhibit A-4) and will be responsible for any trespass or damage to adjacent
property resulting from or in connection with such activities. Contractor acknowledges and
agrees to observe reasonable construction practices in performing the Work, including
reasonable care and respect for the real property at the Project Site. Without limiting the
Contractors obligations as set forth elsewhere herein, Contractor agrees that it will be
responsible for any and all damages to real property outside the boundaries of the applicable Job
Site or other Owner designated work area or outside the areas defined by any other limitations
and requirements set forth herein (including the requirements of Exhibit A-4) caused by
Contractor or its Subcontractors in the performance of the Work. Contractor shall immediately
report to Owner in writing any and all damage to any real or personal property wherever located.
Section 2.14 Land Owner or Occupant Relationships.
Contractor
understands and acknowledges that Owner has a long term relationship with the Land Owners or
Occupants and that Contractors actions or omissions during the construction of the Project have
the potential to affect such relationship. Therefore, Contractor agrees that it will use its best
efforts to maintain good relations with the Land Owners or Occupants during any contact with
the Land Owners or Occupants and will cooperate with Owner in coordinating Work activities
with Land Owners or Occupants. Contractor shall not contact Land Owners or Occupants
directly, and shall avoid direct dealings with Land Owners or Occupants without Owner
presence, without Owners prior approval, and shall promptly report in writing to Owner any
contact with a Land Owner or Occupant initiated by such Land Owner or Occupant. Such report
by Contractor shall detail the substance of communication between the Land Owner or Occupant
and Contractor, including any request or complaint made by the Land Owner or Occupant and
Contractors response thereto. Contractor expressly understands that it has no authority to make
any agreement with any Land Owner or Occupant on any matter, including but not limited to
anything that in anyway constitutes a change in the Work; and that no Land Owner or Occupant
has any authority to direct Contractor to make any changes in the Work.
Section 2.15 Emergencies. In the event of any emergency endangering
persons or property, Contractor shall take such action as may be necessary to prevent, avoid or
mitigate injury, damage or loss and shall, as soon as possible, report any such incidents,
including Contractors response thereto, to Owner. Whenever Contractor has not taken
reasonable precautions for the safety of the public or the protection of the Work or of structures
or property on or adjacent to the Project Site Owner may, but shall be under no obligation to,
take such action as is reasonably necessary under the circumstances. The taking of such action
23

by Owner or Owners failure to do so shall not limit Contractors obligations or liability


hereunder. Contractor shall reimburse Owner for any costs incurred by Owner in taking such
actions in the event of an emergency.
Section 2.16 Safety.
(a)

Contractor shall be responsible for placing high priority on safety and


health during performance of the Work. Contractor shall be responsible
for safety related to and during the performance of the Work at the
Project Site and shall take reasonable measures to ensure that it and all
of its Subcontractors (and where applicable Suppliers), provide and
maintain a safe working environment and properly protect (i) all persons
in proximity of each Job Site and any other Work areas, whether such
persons are employed in the Work or otherwise, from risk of injury and
danger to health, and (ii) all property, including property of Owner,
Land Owners or Occupants, and other third parties, from damage or
loss. Before commencing Work, Contractor shall inspect the Project
Site and become familiar with the safety and health conditions there,
and shall effectively communicate to all of its employees and
Subcontractors all safety, fire and health regulations in force at the
Project Site. Contractor shall also be responsible for first aid and
medical service for all the above employees at the Project Site.

(b)

Contractor shall develop a Project-specific, comprehensive and detailed


safety/health/fire protection plan (collectively, the Safety Plan).
Contractor shall submit said Safety Plan to Owner for review not less
than thirty (30) days prior to Contractors mobilization to the Project
Site (unless a longer period is specified elsewhere in this Agreement, in
which that longer period specified elsewhere in this Agreement shall
apply), and Contractor shall submit any revisions to said Safety Plan to
Owner for review prior to instituting such revisions; it being expressly
understood, however, that any review of, comments upon or approval of
said Safety Plan (or any revisions to said Safety Plan) by Owner, or any
failure by Owner to object to any matter in said Safety Plan (or to any
revisions of said Safety Plan), does not relieve Contractor from the sole
and entire responsibility for said Safety Plan (and all revisions thereof),
including its completeness, suitability and appropriateness for all
purposes, or impose any liability on Owner in connection therewith.
Contractors Safety Plan shall, without limitation, address the
requirements set forth in Owners Safety/Fire Protection Program, the
Michigan Occupational Safety and Health Act (Act 154 of the Michigan
Public acts of 1974) as amended, in OSHA, and all other applicable
Laws/Regulations and Industry Standards (as hereinafter defined).
Contractors Safety Plan shall also include provisions for every employee
of Contractor to complete Owners site orientation program. Further,
Contractor shall incorporate in its Safety Plan a program to maintain a
24

drug and alcohol free work place while performing the Work.
Contractor shall be fully responsible is actively implementing and at all
times enforcing its Safety Plan and for requiring all Subcontractors (and
where applicable, Suppliers) to implement and at all times comply with
said Safety Plan; and it is acknowledged that Owner has no obligation for
implementing or enforcing Contractor's Safety Plan.
As part of its Safety Plan, Contractor shall maintain, at a minimum, one
safety and health supervisor at the Project Site at all times during
performance of the Work to assure that all activities are performed in
accordance therewith.
(c)

Without limiting the generality of any of the preceding provisions of


this Section 2.16, Contractor shall be responsible for insuring that none
of its employees or those of any of its Subcontractors (and where
applicable, Suppliers) are performing Work while under the influence of
drugs or alcohol. Contractor shall advise its employees and its
Subcontractors (and where applicable, Suppliers) while they are on the
Project Site that they will be subject to the provisions of an Owner
approved substance abuse control policy, which shall include drug and
alcohol testing.

(d)

Contractor must maintain in a safe, sound, good, and efficient condition


all construction, equipment, materials, and temporary works and other
items used in performing the Work (whether provided by Contractor or
by Owner) and ensure that they are, at all times, capable of safely
performing the functions for which they are intended. Contractor shall
modify its method of work if necessary in order to work safely.

(e)

Contractor shall require its employees and its Subcontractors' (and


where applicable, Suppliers) employees to attend any safety meetings
or training, project safety appraisals or safety investigations as may be
required by Owner, provided, that none of same shall in any way relieve
Contractor from any of its obligations for safety and health set forth in
this Section 2.16, or any other obligations or liability under this
Agreement, or impose any liability on Owner in connection therewith.

(f)

When any type of heavy equipment is within close proximity to private


or public structures (including overhead electrical lines), or components
at the Project Site, Contractor shall be required to provide an equipment
spotter. Such spotter shall be a person dedicated to ensuring that
booms, baskets, forks, cables and any other equipment and materials
being lifted maintain safe working clearances from, and do not come in
contact with, any structures, or components. Use of a spotter is not
necessarily limited to situations where equipment is actually in use, and,
for example, shall also be used whenever appropriate to assure that
25

clearances from overhead structures are maintained while equipment is


in transit at the Project Site (e.g., driving to and from Job Sites, laydown
areas, or other work areas). In case of doubt as to whether or not a
spotter is needed, Contractor shall resolve such doubt in favor of using a
spotter.
(g)

Without imposing any obligation on Owner to do so or any liability on


Owner for in any way or at any time failing to do so, or relieving
Contractor from any obligations or liabilities, it is understood that
Owner shall have the right to direct Contractor to cease, or not proceed
with, any Work that Owner considers to be unsafe.
Section 2.17 Inspection /Right of Access.

(a)

Contractor shall perform all necessary and appropriate inspections and


testing during the course of the Work, in accordance with the quality
assurance/quality control program (QA/QC Program) set forth in
Exhibit Z.

(b)

Contractor shall give Owner and any Owner-designated representatives


reasonable full access to design, manufacturing, production, or testing at
Contractors facilities and facilities of its Subcontractors and Suppliers
during all scheduled working hours, as well as at all times on Job Sites
and other work areas within the Project Site, for the purpose of
observing the Work, including access to all official records of quality or
relating to quality, inspection and witnessing of shop tests, and
expediting design and equipment or material to be included in the Work.

(c)

Contractor shall allow Owner and any Owner-designated representative


to witness all tests and inspections, both those which are to take place at
any facility of Contractor or its Subcontractors or Suppliers and those
which are to take place at Job Sites and other work areas within the
Project Site. Contractor shall provide reasonable advance written notice
to Owner of each test/inspection date and location, and shall confirm
such information with Owner prior to the test/inspection. In addition,
Contractor shall provide to Owner the application test/inspection
procedures that will be used as such inspection/test at least sixty (60)
days prior to the inspection/test, or in accordance with the Deliverables
List to allow Owner to review and comment. Contractor shall deliver to
Owner upon request copies of all data resulting from all tests and
inspections.

(d)

If any Work has been covered up prior to any observation under Section
2.17(b) that has been requested by Owner, or in any case before any
testing or inspection pursuant to Section 2.17(c), Contractor shall, if
required by Owner or by public authorities, uncover same for
observation, testing and inspection, and, following the observation,
26

testing or inspection (as well as any correction of deficiencies and


appropriate further observation, re-testing or re-inspection as necessary)
re-cover the Work, all at Contractor's expense.
(e)

Owner shall have no obligation to in any way supervise Contractor's


Work. Any decision of Owner at any time either to observe, inspect or
witness pursuant to Subsection 2.17(b) and Subsection 2.17(c), or not to
observe, inspect or witness pursuant to Subsection 2.17(b) and
Subsection 2.17(c), or any failure of Owner in whole or in part to raise
any objection during any observation, inspection or witnessing pursuant
to Subsection 2.17(b) and Subsection 2.17(c), shall not constitute
Owner's acceptance of any Work or relieve Contractor of any of its
obligations under this Agreement (including without limitation that
same shall not constitute a waiver of waiver of any right of Owner to
thereafter disapprove/reject such work or any warranty rights or
remedies of Owner). Contractor shall be solely responsible for all
construction or installation means, methods, techniques, sequences, and
procedures in the performance of its Work hereunder.

(f)

Without limiting the generality of Subsection 2.17(e), and without


otherwise limiting the scope of Contractor's responsibilities under this
Agreement or any and all other rights or remedies of Owner, if Owner at
any time during the performance of the Work becomes aware that any
part of the Work does not comply with requirements of this Agreement,
Owner may reject it by notification to Contractor. On being so notified,
Contractor must (despite any previous approval of or payment for the
portion of the Work in question by Owner) re-do or replace the same, at
Contractor's own cost and within such period as Owner directs, so that
the Work is in conformity with this Agreement. Any requirement to so
re-do or replace any Work shall not entitle Contractor to any extension
of the Construction Schedule or the Guaranteed Completion Dates.
ARTICLE 3
CONTRACT PRICE AND PAYMENT TERMS
Section 3.1 Contract Price .

(a)

The price for the performance of all of the Work shall be


) (as adjusted pursuant to the provisions of this
Agreement, being referred to herein as the Contract Price).

(b)

This Agreement is a fixed price contract and the Contract Price shall not
be modified in the event that (a) Contractor is required to modify the
Work or the Construction Schedule in order to comply with the terms of
this Agreement or (b) the cost to Contractor to perform its obligations,
including the Work, under this Agreement increases for any reason after
27

the Effective Date except in each instance as specifically set forth in this
Agreement.
Section 3.2 Payment of Contract Price. The Contract Price shall be
paid as provided in this ARTICLE 3. The Milestone Payment Schedule sets forth the portion of
the Contract Price to be paid by Owner to Contractor as certain portions of the Work (i.e. the
Milestones identified on such schedule) are completed. Invoicing of completed Milestones will
be in accordance with Section 3.5.
Section 3.3 Right to Offset. Owner shall have the right to offset
amounts owed by Contractor to Owner, including amounts for Delay Liquidated Damages,
against any amounts owed by Owner to Contractor under this Agreement.
Section 3.4 Payment of Change Orders. Each Change Order shall
include any applicable revisions to the Milestone Payment Schedule or an alternative schedule
for the payments, if applicable, that may be due by Owner to Contractor thereunder (or where
applicable, Contract Price reduction to the Owner thereunder). Invoicing for Change Order
amounts, whether increases or decreases, shall be in accordance with the Milestone Payment
Schedule revisions set forth in the Change Order or alternate schedule for payments as set forth
in the Change Order.
Section 3.5 Invoicing and Payments. Following the Notice to Proceed
Date (or to the extent relevant, LNTP date, if any), Contractor shall submit a monthly invoice to
Owner by the first Business Day of each calendar month, which invoice shall list the Milestones
completed and acknowledged as complete by the Owner during the previous month (which
acknowledgement of completion by the Owner shall not however constitute acceptance of the
Work, see Section 3.7 below) and the amount of the payment Contractor is seeking for those
completed Milestones based upon the Milestone Payment Schedule. Along with such invoice
Contractor shall submit an Affidavit of Michigan Equipment, Materials, and Labor substantially
in the form set forth in Exhibit AA and lien waivers in the form of Exhibit W-1 or Exhibit W-2
as applicable. Owner shall make payment of all undisputed amounts due Contractor within thirty
(30) days of the receipt of a correct and proper invoice and accompanying affidavits and lien
waivers as required by this Agreement. All payments shall be made by wire transfer to an
account as may be designated by Contractor to Owner in an invoice.
In addition to Retainage, Owner may withhold payment on Contractors invoices (a) in an
amount and to such extent as may be reasonably necessary to protect Owner from loss because of
third party claims filed against Owner and covered by Contractors indemnification obligations
under this Agreement; (b) in an amount equal to payments previously made to Contractor which
were not yet properly due and payable; (c) in an amount and to such extent as may be reasonably
necessary to protect Owner from defects or deficiencies in the Work not remedied; (d) in an
amount and to such extent as may be reasonably necessary to protect Owner from the unexcused
failure of Contractor to make payments when due to Subcontractors or Suppliers; (e) in an
amount and to such extent as may be reasonably necessary to protect Owner from loss because of
the occurrence of a Contractor Event of Default; and (f)any other sums which Owner is entitled
to recover from Contractor under the terms of this Agreement or pursuant to applicable Law.

28

Section 3.6 Retainage. There shall be withheld as retainage from each


payment due and payable to Contractor hereunder (other than payments due upon and after the
Substantial Completion Date) five percent (5%) of the amount of such payment (the
Retainage). Such amount shall be held by Owner as security for the performance of
Contractors obligations hereunder and any interest thereon shall accrue for the account of
Owner and not Contractor. Owner may use the Retainage to cure a Contractor Event of Default,
for Delay Liquidated Damages (including interest thereon), for payment of undisputed amounts
to unpaid Subcontractors and Suppliers, and for payments made to remove liens that violate this
Agreement, and any and all other amounts payable to Owner hereunder. Within two (2)
Business Days after use by Owner of any portion of the Retainage, Contractor shall restore the
Retainage to the amount Contractor is required to maintain pursuant to this Section 3.6. Except
as set forth above, Owner will hold the aggregate amount of the Retainage until the Substantial
Completion Date, at which time Contractor may invoice Owner for the amount of such
Retainage, in accordance with Section 3.5.
Section 3.7 Payment or Use Not Acceptance. No payment by Owner
pursuant to an invoice from Contractor or any use of the Work by Owner shall constitute an
acceptance of any of the Work or of any of the parts, materials, equipment or other supplies
furnished by Contractor or its Subcontractors or Suppliers and shall not relieve Contractor of any
of its obligations or liabilities under this Agreement.
Section 3.8 Certified Michigan Content.
(a)

Contractor represents and warrants that (i) the Certified Michigan


Equipment for the Project constitutes not less than sixty percent (60%)
of the total cost of all materials and equipment for the Project supplied
by Contractor or its Subcontractors and Suppliers, and (ii) the Certified
Michigan Labor for the Project constitutes not less than sixty percent
(60%) of all Project Site labor of Contractor and its Subcontractors.
With each monthly invoice, Contractor shall submit an Affidavit of
Michigan Equipment, Materials, and Labor substantially in the form set
forth in Exhibit AA detailing the Certified Michigan Equipment and
Certified Michigan Labor for the Project for both the preceding month
and cumulative through such month.

(b)

If the Affidavit of Michigan Equipment, Materials, and Labor submitted


by Contractor with the invoice for the Final Completion Milestone
Payment indicates that the Certified Michigan Equipment for the Project
or the Certified Michigan Labor for the Project is less than the amount
set forth in Section 3.8(a), then Contractor shall pay to Owner, as
liquidated damages and not as a penalty, (i) the amount of
) multiplied by the number of percentage
points shortfall between the actual percentage reported for Certified
Michigan Labor and Contractors above warranted figure of Sixty
percent (60%); and (ii) the amount of
)
multiplied by the number of percentage points shortfall between the
actual percentage reported for Certified Michigan Equipment and
29

Contractors above warranted figure of Sixty percent (60%); said


percentage shortfalls and the applicable compensation to be prorated to
the nearest one tenth of one percentage point (0.1%).
Section 3.9 Allocation of Cost to Owners Property Records.
Contractor agrees to assist Owner in allocation of cost to Owner defined property record
accounts prior to Final Completion.
ARTICLE 4
CONDITIONS PRECEDENT; NOTICE TO PROCEED; ETC.
Section 4.1 Conditions Precedent to Contract. Owners obligations under this
Agreement are subject to Owners fulfillment of the following conditions precedent:
(a)

Owner must have received written approval, in an order(s) from the MPSC that is
in form and content reasonably satisfactory to Owner, of this Agreement and any
other engineering, procurement and construction agreement required to be
approved by the MPSC related to Owners Lake WindsTM Energy Park project,
and finding that these agreements are consistent with Owners MPSC-approved
Renewable Energy Plan; and

(b)

Owner must have received required height, environmental and special land use or
any other zoning approvals or variances from applicable Governmental
Authorities related to the special land use permit, in a form and content
reasonably satisfactory to Owner, for Owners construction, within the Project
Site, of the Project in a manner reasonably satisfactory to Owner; and

If either of the conditions set forth in subparagraphs "(a)" and "(b)" above has not been
satisfied by July 1, 2011, then Owner shall deliver written notice to Contractor no later than the
aforementioned date that the applicable condition(s) has/have not been satisfied (or that Owner is
not willing to waive such non-satisfaction of such condition(s) precedent), as determined by
Owner in its sole and unfettered discretion, and upon delivery of any such notice this Agreement
shall be null and void and each Party shall be released from all obligations as and to the extent
set forth herein. If the written notice contemplated in the preceding sentence has not been
delivered by Owner to Contractor on or before July 1, 2011, then this Section 4.1 shall be of no
further force and effect and the Agreement shall be binding and enforceable on both Owner and
Contractor.
Except as otherwise expressly provided in Section 4.2 below, Contractor expressly
understands that it is not authorized to commence any Work or incur any costs for the account of
Owner unless and until Owner has notified Contractor in writing on or before July 1, 2011 that
the above conditions precedent have been satisfied or waived and that Contractor is permitted to
commence Work (Notice to Proceed).
Section 4.2 Limited Notice to Proceed. Owner may at it option issue
an LNTP, which shall direct Contractor to perform one or more portions of the Work prior to the
issuance of the Notice to Proceed under Section 4.1. If this Agreement is terminated by Owner
30

pursuant to this Section 4.1, Contractor shall be entitled to reimbursement for Work properly
performed pursuant to the LNTP prior to such termination under Section 4.1, such payment to be
in the amount of (or as applicable a proportionate amount of) the applicable payment amount for
the Work performed that is identified on the Milestone Payment Schedule. If the Owner issues
an LNTP, then the Notice to Proceed issued pursuant to Section 4.1 will be deemed the Full
Notice to Proceed and all references in this Agreement to Notice to Proceed will be
understood to mean such Full Notice to Proceed.
Section 4.3 Project Site Plan. Owner will have the right to revise the
Site Plan, including the Project Site Boundaries, and specific Job Site locations, at any time and
from time to time upon written notice to Contractor of such revisions.
ARTICLE 5
CHANGE ORDERS
Section 5.1 Changes in the Work.
The Owner may, at any time, without invalidating this Agreement, make
changes in, add to or delete from the work to be performed hereunder. No such
changes shall be made and no claims of the Contractor for extra work shall be
valid except as authorized by written order signed by the Owner.
Section 5.2 Change Process.
a) If the Contractor intends to assert a claim for any increase in the
Contract Price or any extension of the Construction Schedule by reason
of the receipt of such a written order from the Owner, the Contractor
shall immediately notify the Owner and, within fifteen (15) days, submit
to the Owner a written notice and complete statement of such claim
including a detailed computation (showing quantities, man-hours, and
costs) of its value. The Contractor shall, in such statement, separate costs
into material and installation categories. If requested by the Owner, the
Contractor shall follow up such written statement with such further and
supporting detail as the Owner may specify. Any claims for adjustment
either to the Contract Price or the Construction Schedule not so
submitted by the Contractor to the Owner in writing within fifteen (15)
days shall be deemed to have been waived.
b) If the change involved a reduction in the Work, then the Owner may,
with its written order under Section 5.1, compute and notify the
Contractor of a proportional decrease in the Contract Price or shortening
of the Construction Schedule, which computation will be deemed to be
agreeable to the Contractor unless the Contractor objects by written
notice to the Owner within fifteen (15) days, which objection shall
include a detailed computation of the Contractor's calculation of the
appropriate proportional decrease in the Contract Price or shortening of
the Construction Schedule.
31

c) The Owner will issue a "Change Order" to reflect the change(s) in the
Work and, if applicable, any adjustment in the Contract Price and/or
Construction Schedule on account thereof. Provided that the Contractor
has timely submitted a claim or objection pursuant to Section 5.2, the
adjustment in the Contract Price and/or Construction Schedule will be as
mutually agreed upon. If the Parties are unable to agree on a fixed
amount change in the Contract Price, and the Owner nonetheless desires
the Contractor to proceed with the change, then the price adjustment
shall be computed in accordance with Exhibit K. Any Change Order
must be signed by an authorized representative of the Owner.
d) The Contractor agrees that all adjustments in the Contract Price, Work,
Construction Schedule, or other provisions set forth in each Change
Order shall constitute the full, final, and complete compensation to
Contractor for the entire cost and the schedule effects related to (a) the
implementation of the stated changes, and (b) the cumulative impact and
any effect whatsoever resulting from the stated changes on all prior work
and changes in the work to be performed as scheduled, and Contractor
expressly waives any claims for additional compensation, damages or
time extensions in connection with the stated changes.
e) Additional Work performed under this Agreement may be to support the
Owner to correct deficiencies from other contractors and suppliers
providing work and services for the Project. The Owners backcharge
procedure will be used to document the Work performed, capture time
and ultimately costs to perform this Work for these firms. The
Contractor is required to assist the Owner in administration of the
backcharges by supplying appropriate timesheets, equipment rental
forms, separate invoices and other relevant information.
ARTICLE 6
TURBINE FOUNDATION GROUP COMPLETION, SUBSTATION COMPLETION,
COLLECTION SYSTEM CIRCUIT COMPLETION, TURBINE MECHANICAL
COMPLETION, OPERATIONS AND MAINTENANCE BUILDING COMPLETION,
AND SUBSTANTIAL COMPLETION
Section 6.1 Time is of the Essence. The time limits for performance of
the Contractors obligations stated in this Agreement are of the essence.
Section 6.2 Turbine Foundation Group Completion.
(a)

Turbine Foundation Group Completion. Turbine Foundation Group


Completion shall occur with respect to each Turbine Foundation Group
when all of the following have been satisfied in accordance with the
criteria set forth in Exhibit A, as applicable: (i) each of the Turbine
Foundations in such Turbine Foundation Group is mechanically
completed and installed in accordance with the requirements of this
32

Agreement; (ii) each of the Turbine Foundations in such Turbine


Foundation Group is structurally completed and grounded and ready for
the installation of the Turbine, and all necessary embedded inserts for
the connection to the applicable Collection System Circuit have been
properly installed; (iii) the concrete portion of each of the Turbine
Foundations in such Turbine Foundation Group has set and cured so as
to have achieved the minimum strength necessary to allow assembly,
erection and permanent installation of the Turbine thereon; (iv) the
grounding grid for each of the Turbine Foundations in such Turbine
Group has been installed; (v) all Route Improvements have been
completed to the full extent necessary to allow delivery of the Turbine
including all of its components to, and to otherwise provide all access
necessary for the assembly, erection and permanent installation of, the
Turbine at each of the Turbine Foundations in such Turbine Foundation
Group, including without limitation the passage of all delivery trucks,
construction vehicles, equipment and cranes; (vi) backfilling and
compaction of the area surrounding each of the Turbine Foundations in
such Turbine Foundation Group has been completed; (vii) the crane
hardstand and laydown and work areas associated with each of the
Turbine Foundations in such Turbine Foundation Group have been
completed in accordance with the requirements of this Agreement; and
(viii) Contractor has issued the Turbine Foundation Group Completion
Certificate for such Turbine Foundation Group in accordance with
Section 6.2(b) and Owner has accepted and countersigned such Turbine
Foundation Group Completion Certificate.
The term Turbine Foundation Completion where referred to in this
Agreement means that all of the requirements of the proceeding
subparagraph have been fulfilled for an individual Turbine Foundation
in a Turbine Foundation Group.
(b)

Notice of Turbine Foundation Group Completion. Following a


determination by Contractor that Turbine Foundation Group Completion
has been achieved with respect to a Turbine Foundation Group,
Contractor shall prepare a Turbine Foundation Group Completion
Certificate certifying that the Turbine Foundation Group Completion for
such Turbine Foundation Group has been achieved. The Turbine
Foundation Group Completion Certificate shall include a report
containing all information relevant to the achievement of Turbine
Foundation Group Completion demonstrating that Turbine Foundation
Group Completion for such Turbine Foundation Group has been
achieved.
Section 6.3 Substation Completion.

33

(a)

Substation Completion. Substation Completion shall occur when all of


the following have been satisfied in accordance with the criteria set
forth in Exhibit A, as applicable (i) all Route Improvements associated
with the Collection System Substation have been completed; (ii) the
Collection System Substation is mechanically complete in accordance
with the requirements of this Agreement, with all relaying, metering,
communications and other equipment and systems tested; (iii) the
Transformers for the Collection System Substation are dressed out and
tested; (iv) the Collection System Substation SCADA infrastructure has
been installed and tested; (v) the Collection System Substation is
capable of delivering power to the Point of Interconnection and all of
the electrical energy generated by the Turbines connected, or to be
connected, to the Collection System Substation; (vi) the Collection
System Substation has been successfully Energized and tested; (vii) all
construction debris, rubbish and foreign material have been removed
from the area of the Collection System Substation; and (viii) Contractor
has issued the Substation Completion Certificate in accordance with
Section 6.3(b) and Owner has accepted and countersigned such
Substation Completion Certificate.

(b)

Notice of Substation Completion. Following a determination by


Contractor that Substation Completion has been achieved, Contractor
shall prepare a Substation Completion Certificate certifying that the
Substation Completion has been achieved. The Substation Completion
Certificate shall include a report containing all information relevant to
the achievement of Substation Completion demonstrating that
Substation Completion has been achieved.
Section 6.4 Collection System Circuit Completion.

(a)

Collection System Circuit Completion. Collection System Circuit


Completion shall be achieved with respect to each Collection System
Circuit when all of the following have been satisfied with respect to
such Collection System Circuit in accordance with the criteria set forth
in this Agreement and Exhibit A, as applicable: (i) all Route
Improvements associated with such Collection System Circuit have
been completed; (ii) such Collection System Circuit is complete and
connected from each Turbine on such Collection System Circuit to the
Collection System Substation in accordance with the detailed design
drawings identified on the Deliverables List as submitted by Contractor
to and approved by Owner; (iii) the complete fiber optic network
connection from each Turbine on such Collection System Circuit and
the permanent metrological tower compliant with the Turbine Suppliers
SCADA requirements have been provided, installed and tested; (iv)
fiber optic cable is in place at Tower base to enable termination by
Turbine Supplier; (v) the Collection System Circuit has been
successfully Energized and tested; and (vi) Contractor has issued the
34

Collection System Circuit Completion Certificate in accordance with


Section 6.4(b), and Owner has accepted and countersigned the
Collection System Circuit Completion Certificate.
(b)

Notice of Collection System Circuit Completion.


Following a
determination by Contractor that Collection System Circuit Completion
has been achieved for a Collection System Circuit, Contractor shall
prepare a Collection System Circuit Completion Certificate certifying
that Collection System Circuit Completion for such Collection System
Circuit has been achieved. The Collection System Circuit Completion
Certificate shall include a report containing all information relevant to
the achievement of Collection System Circuit Completion
demonstrating that Collection System Circuit Completion for such
Collection System Circuit has been achieved.
Section 6.5 Turbine Mechanical Completion.

(a)

Turbine Mechanical Completion. Turbine Mechanical Completion shall


be achieved with respect to a Turbine when all of the following have
been satisfied in accordance with the criteria set forth in this Agreement
and the Turbine Specification: (i) Turbine Foundation Completion for
such Turbine has occurred; (ii) the Turbine has been assembled, erected,
and installed in accordance with the requirements of this Agreement and
the Turbine Specifications; (iii) Substation Completion has occurred and
Collection System Circuit Completion has occurred with respect to the
applicable Collection System Circuit; (iv) the Turbine is ready for
Energization and initial operation in a safe manner; (v) the Owner and
Turbine Supplier have completed their agreed upon Mechanical
Completion inspection and approval procedure pursuant to the terms of
the Turbine Purchase Agreement and have confirmed Mechanical
Completion to have occurred pursuant to the Turbine Purchase
Agreement; (vi) Contractor has issued a Turbine Mechanical Completion
Certificate in accordance with Section 6.5(b), and Owner has accepted
and countersigned such Turbine Mechanical Completion Certificate.

(b)

Notice of Turbine Mechanical Completion. Following a determination


by Contractor that Turbine Mechanical Completion has been achieved
with respect to a Turbine, Contractor shall prepare a Turbine Mechanical
Completion Certificate certifying that the Turbine Mechanical
Completion for such Turbine has been achieved.
The Turbine
Mechanical Completion Certificate shall include a report containing all
information relevant to the achievement of Turbine Mechanical
Completion demonstrating that Turbine Mechanical Completion for such
Turbine has been achieved.

35

Section 6.6 Operations and Maintenance Building Completion.


(a)

Operations and Maintenance Building Completion. Applicable only if


Owner elects the option for an Operations and Maintenance Building as
provided in Exhibit A): Operations and Maintenance Building
Completion shall be achieved when all of the following have been
satisfied in accordance with the criteria set forth in this Agreement and
Exhibit A, as applicable: (i) the Operations and Maintenance Building is
completed in accordance with the detailed design drawings identified on
the Deliverables List as submitted by Contractor to and approved by
Owner; (ii) the complete fiber optic network connection from each
Turbine, each Meteorological Tower, and the Collection System
Substation to the Operations and Maintenance Building has been
installed and tested; (iii) all permanent stormwater controls associated
with the Operations and Maintenance Building have been completed;
(iv) all construction debris, rubbish and foreign material have been
removed from the area of the Operations and Maintenance Building; (v)
all access roads and parking areas for the Operations and Maintenance
Building are complete; (vi) the county (or other applicable
Governmental Authority having jurisdiction) has issued an Occupancy
Permit for the Operations and Maintenance Building; and (vii)
Contractor has issued the Operations and Maintenance Building
Completion Certificate in accordance with Section 6.6(b), and Owner
has accepted and countersigned the Operations and Maintenance
Building Completion Certificate.

(b)

Notice of Operations and Maintenance Building Completion. Following


a determination by Contractor that Operations and Maintenance
Building Completion has been achieved, Contractor shall prepare a
Operations and Maintenance Building Completion Certificate dated as
of such date certifying that the Operations and Maintenance Building
Completion has been achieved. The Operations and Maintenance
Building Completion Certificate shall include a report containing all
information relevant to the achievement of Operations and Maintenance
Building Completion demonstrating that Operations and Maintenance
Building Completion has been achieved.
Section 6.7 Substantial Completion.

(a)

Substantial Completion. Substantial Completion shall be achieved


when all of the following have been satisfied in accordance with the
criteria set forth in this Agreement and Exhibit A, as applicable: (i)
Substation Completion has been achieved; (ii) Collection System Circuit
Completion has been achieved for all Collection System Circuits; (iii)
Turbine Mechanical Completion has been achieved for all of the
Turbines; (iv) Operations and Maintenance Building Completion has
been achieved (applicable only if Owner elects the option for an
36

Operations and Maintenance Building as provided in Exhibit A); (v) the


BOP is capable of delivering electric power up to the full rated capacity
of the Turbines to the Point of Interconnection; (vi) Contractor has
delivered all the documents and drawings required, including but not
limited to the Job Books (including Operating Manuals) and all QA/QC
documentation, other than the As-Built Drawings, which shall be
submitted pursuant to clause iv. of Subsection 2.2(b); (vii) all nonconforming QA/QC issues have been resolved in accordance with the
QA/QC procedures, (viii) the Balance of Plant and the Work have in all
respects been properly constructed, installed, adjusted, successfully
tested, and is complete, in a mechanically, electrically, and structurally
sound manner and in accordance with the criteria set forth in Exhibit A,
the specifications set forth in the Interconnection Requirements, the
Scope of Work, the Turbine Specifications and any other requirements
set forth in this Agreement and can be operated and used safely; (ix) the
payment of all Delay Liquidated Damages to Owner previously
invoiced pursuant to Section 8.2, (x) the Punch List has been agreed to
in writing by Contractor and Owner, and (xi) Contractor has issued the
Substantial Completion Certificate in accordance with Section 6.7(b),
and Owner has accepted and countersigned the Substantial Completion
Certificate.
(b)

Notice of Substantial Completion. Following a determination by


Contractor that Substantial Completion has been achieved, Contractor
shall deliver a Substantial Completion Certificate to Owner to notify
Owner that Contractor has determined that Substantial Completion has
been achieved, and the date on which it occurred together with a
proposed Punch List to be agreed upon in accordance with Section 6.9,
as applicable.

Section 6.8 Owner Dispute & Acceptance of Completion Certificates.


Turbine Foundation Group Completion of a Turbine Foundation Group, Substation
Completion, Collection System Circuit Completion of a Collection System Circuit, Turbine
Mechanical Completion of a Turbine, Operations and Maintenance Building Completion (if
Owner elects the option for an Operations and Maintenance Building as provided in Exhibit A),
and Substantial Completion shall each be deemed to have occurred only when the Owner signs
the applicable Completion Certificate (and only as of the date of the Owners signing of such
Completion Certificate) signifying the Owners agreement that the applicable requirements for
the above have occurred. If Owner disputes Contractors determination that all of the applicable
Work identified in any Completion Certificate has been completed and/or that Turbine
Foundation Group Completion of a Turbine Foundation Group, Substation Completion,
Collection System Circuit Completion of a Collection System Circuit, Turbine Mechanical
Completion of a Turbine, Operations and Maintenance Building Completion, or Substantial
Completion, as applicable, has been achieved, Owner shall provide a written notice to Contractor
stating the reasons why Owner believes that the identified Work has not been completed within
five (5) Business Days of the receipt of the applicable Completion Certificate. Contractor shall,
at no expense to Owner, take all actions necessary to correct the deficiencies identified by Owner
37

and shall re-deliver the Completion Certificate once all such corrective actions are taken. Owner
shall have three (3) Business Days after such redelivery of the Completion Certificate by
Contractor to advise Contractor, in writing, of any remaining deficiencies to be corrected by
Contractor. Contractor shall continue to take corrective actions within the above specified time
frame and reapply to the Owner for approval of its Completion Certificate until the Owner is
satisfied that the applicable Work covered by the Completion Certificate has been completed and
the Owner signs the applicable Completion Certificate.
Section 6.9 Punch List. It is understood that upon achievement of
Substantial Completion, there may be non-material items of Work remaining to be performed or
corrected which do not affect the normal, safe and reliable operation of the Project or any part of
the Project. Contractor shall, prior to the Substantial Completion Date, create the Punch List
which shall be subject to the Owners review and written approval. To the extent not completed
as part Substantial Completion, the Punch List shall include full restoration of the Project Site
with final road and pad configurations, all permanent gates and cattle guards installed, all
temporary facilities removed, all disturbed areas re-vegetated, all permanent storm water
management facilities complete, and all of Contractors (including Subcontractors and
Suppliers) supplies, personnel, and Hazardous Materials brought onto the Project Site (and not
required for the operations, maintenance and service of the Project) and trash have been removed
from the Project Site. All items on the Punch List shall be completed by Contractor by the Final
Completion Date. The Contractor shall not be entitled to the Punch List Holdback Amount until
Final Completion (as defined in Article 7) including completion of all Punch List items and
delivery of all As-Built Drawings. Contractor shall complete the Punch List within sixty (60)
days after Substantial Completion. If Contractor has not completed the Punch List items within
sixty (60) days after the Substantial Completion Date, then Owner shall have the right, at its
option, and without limiting the Contractors obligations, to complete the remaining Punch List
items and all costs thereof shall be borne by Contractor, including without limiting the
Contractors liability therefor, that Owner may withhold funds to cover such amounts from the
Punch List Holdback Amount.
ARTICLE 7
FINAL COMPLETION
Section 7.1 Final Completion. Final Completion shall occur when the
Contractor demonstrates to the Owners satisfaction that all of the following have occurred and
the Owner has executed and delivered to the Contractor a Notice of Final Completion: (a)
Substantial Completion has occurred; (b) all Punch List items have been completed; (c) the AsBuilt Drawings, test reports, spare parts and any other documents not yet delivered have been
delivered to Owner; (d) final lien waivers and releases in the form of Exhibit W-2 from
Contractor and all its Subcontractors and Suppliers have been delivered; (e) all Delay Liquidated
Damages and any other payments owing to Owner by Contractor have been paid in full; and (f)
there are no Contractor Events of Default. Final Completion shall be deemed to have occurred
only when the Owner executes and delivers to the Contractor the Notice of Final Completion
(and only as of the date of the Owners signing of such Notice of Final Completion) signifying
the Owners agreement that the applicable requirements for the above have occurred.

38

ARTICLE 8
DELAYS, DELAY LIQUIDATED DAMAGES, AND OBLIGATIONS TO MITIGATE
DAMAGES
Section 8.1 Guaranteed Completion Dates. Contractor shall perform
the Work such that (i) Turbine Foundation Group Completion for each Turbine Foundation
Group shall occur not later than the Guaranteed Turbine Foundation Group Completion Date for
such Turbine Foundation Group; (ii) Substation Completion shall occur not later than the
Guaranteed Substation Completion Date; (iii) Collection System Circuit Completion for each
Collection System Circuit shall occur not later than the Guaranteed Collection System Circuit
Completion Date for such Collection System Circuit; (iv) Turbine Mechanical Completion for
each Turbine shall occur not later than the Guaranteed Turbine Mechanical Completion Date for
such Turbine; and (v) Operations and Maintenance Building Completion shall occur not later
than the Guaranteed Operations and Maintenance Building Completion Date (applicable only if
Owner elects the option for an Operations and Maintenance Building as provided in Exhibit A).
Unless otherwise excused due to Force Majeure Event, or, in the case of Turbine Mechanical
Completion, a Crane Wind Day Extension, in the event that Contractor does not achieve Turbine
Foundation Group Completion for a Turbine Foundation Group by the applicable Guaranteed
Turbine Foundation Group Completion Date, Substation Completion by the Guaranteed
Substation Completion Date, Collection System Circuit Completion for a Collection System
Circuit by the applicable Guaranteed Collection System Circuit Completion Date, Turbine
Mechanical Completion for a Turbine by the applicable Guaranteed Turbine Mechanical
Completion Date, or Operations and Maintenance Building Completion by the Guaranteed
Operations and Maintenance Building Completion Date (if Owner elects the option for an
Operations and Maintenance Building as provided in Exhibit A), Contractor shall be liable for
Delay Liquidated Damages pursuant to Section 8.2.
Section 8.2
(a)

Delay Liquidated Damages.


Turbine Foundation Group Completion. For each day that Turbine Foundation
Group Completion of any Turbine Foundation Group occurs after the Guaranteed
Turbine Foundation Group Completion Date applicable to that Turbine
Foundation Group, irrespective of the cause, excluding delays excused due to
Force Majeure Event, until Turbine Foundation Group Completion of that Turbine
Foundation Group occurs, Contractor shall be liable for, and shall pay to Owner,
liquidated damages (Turbine Foundation Group Completion Delay Damages)
equal to
per day.
In addition to the liquidated damages set forth above in this Subsection 8.2(a), if
and to the extent that any failure to achieve any Guaranteed Turbine Foundation
Group Completion Date causes the Turbine Supplier to be unable to make any
delivery and/or delays Turbine Supplier in making any delivery to any Job Site at
the time such delivery is to be made under the Turbine Supply Agreement (any
determinations of times that such delivery are to be made and any determinations
of inability to make delivery or of delay in delivery being as determined solely
between Turbine Supplier and Owner), Contractor will be responsible for all costs
and expenses of any remedial measures taken to address such inability to deliver
39

or delay in delivery. Such remedial measures will be as determined by Owner in


any such instance and may include: (i) diverting/transporting the delivery to a
storage or laydown location (in which case the costs and expenses to be borne by
Contractor will include costs and expenses of all necessary preparation of the
laydown or storage location in accordance with Turbine Suppliers specifications,
offloading of the applicable material or equipment at such laydown or storage
location, securing and maintaining the material or equipment at such storage
location in accordance with Turbine Suppliers specifications, and reloading and
transporting the applicable material or equipment to and unloading such material
or equipment at the Job Site after the applicable Turbine Foundation Completions
have in fact occurred); and/or (ii) incurrence attributable to said delay by the
Owner of demurrage and/or other delay charges to Turbine Supplier (in which
case Contractor shall reimburse Owner for all such charges).
(b)

Substation Completion Delay Damages. For each day that Substation Completion
occurs after the Guaranteed Substation Completion Date, irrespective of the
cause, excluding delays excused due to Force Majeure Event, until Substation
Completion occurs, Contractor shall be liable for, and shall pay to Owner,
liquidated damages (Substation Completion Delay Damages) equal to
) per day.

(c)

Collection System Circuit Completion Delay Liquidated Damages. For each day
that Collection System Circuit Completion of a Collection System Circuit occurs
after the Guaranteed Collection System Circuit Completion Date of that
Collection System Circuit, irrespective of the cause, excluding delays excused due
to Force Majeure Event, until Collection System Circuit Completion of that
Collection System Circuit occurs, Contractor shall be liable for, and shall pay to
Owner, liquidated damages (Collection System Circuit Completion Delay
Damages) equal to
per day.

(d)

Turbine Mechanical Completion Delay Liquidated Damages. For each day that
Turbine Mechanical Completion of a Turbine occurs after the Guaranteed Turbine
Mechanical Completion Date of that Turbine, irrespective of the cause, excluding
delays excused due to Force Majeure Event or a Crane Wind Day Extension, until
Turbine Mechanical Completion of that Turbine occurs, Contractor shall be liable
for, and shall pay to Owner, liquidated damages (Turbine Mechanical
Completion Delay Damages) equal to
per Turbine per day.
For each Turbine for which Turbine Mechanical Completion has not been
achieved by the PTC Qualifying Minus Two Months Date, Contractor shall, in
addition to the per-day liquidated damages specified above (which shall continue
to accrue until Turbine Mechanical Completion is achieved), pay to Owner on the
day following the PTC Qualifying Date, additional liquidated damages in the
amount of $
0. Notwithstanding the above, if Contractor, for a particular
Turbine, fails to achieve Turbine Mechanical Completion by the PTC Qualifying
Minus Two Months Date, but does achieve Turbine Mechanical Completion
40

before the PTC Qualifying Date and the Turbine is actually placed in service in
order to be considered a qualified facility that is eligible for the credits provided
for in 26 U.S.C. 45 by the PTC Qualifying Date, Contractor will not be liable
for the additional liquidated damages of
provided for above in this
paragraph. Contractor understands, however, that if Contractor achieves Turbine
Mechanical Completion for a Turbine after the PTC Qualifying Minus Two
Months Date but before the PTC Qualifying Date, Owner in no manner represents
or guarantees that the Turbine will be so placed in service by the PTC Qualifying
Date.

(e)

Operations and Maintenance Building Completion Delay Damages. Applicable


only if Owner elects the option for an Operations and Maintenance Building as
provided in Exhibit A: For each day that Operations and Maintenance Building
Completion occurs after the Guaranteed Operations and Maintenance Building
Completion Date, irrespective of the cause, excluding delays excused due to Force
Majeure Event, until Operations and Maintenance Building Completion occurs,
Contractor shall be liable for, and shall pay to Owner, liquidated damages
(Operations and Maintenance Building Completion Delay Damages) equal to
per day.

(f)

Late Completion Notice. Owner shall provide a written notice to Contractor of


such late completion (a Late Completion Notice) and any Delay Liquidated
Damages due pursuant to the preceding provisions of this Section 8.2. Within
thirty (30) days following the receipt of any Late Completion Notice, Contractor
shall pay the Delay Liquidated Damages set forth therein.

(g)

Application of Each Delay Liquidated Damage Provision. Liquidated damages as


provided in each of the preceding subsections of this Section 8.2 shall apply
separately and independently of the Liquidated Damages under every other such
subsection.

Section 8.3 Delay Liquidated Damages Not a Penalty. The Parties acknowledge and
agree that because of the unique nature of the Work and the unavailability of a substitute
facility, it is difficult or impossible to determine with precision the amount of damages
that would or might be incurred by Owner as a result of Contractors failure to achieve
Guaranteed Completion Dates. It is understood and agreed by the Parties that (a) Owner
shall be damaged by the failure of Contractor to meet such obligation, (b) it would be
impracticable or extremely difficult to fix the actual damages resulting therefrom, (c) any
sums which would be payable under this ARTICLE 8 are in the nature of liquidated
damages, and not a penalty, and are fair and reasonable under the circumstances and (d)
each payment represents a reasonable estimate of fair compensation for the losses that
may reasonably be anticipated from such failure. The payment by Contractor to Owner of
Delay Liquidated Damages under Section 8.2 is (other than as provided in Subsection
8.2(a)) Owners sole remedy for Contractors delay in meeting Guaranteed Completion
Dates, except that Contractors delay remains subject to Owners other rights under this

41

Agreement, including Owners right to terminate this Agreement for a Contractor Default
as described in ARTICLE 14 and to exercise the remedies set forth in ARTICLE 14.
ARTICLE 9
LIMITATION OF LIABILITY
Section 9.1 Consequential Damages. Other than with respect to
Contractors obligation to pay Delay Liquidated Damages or other amounts for which the
Contractor is expressly liable hereunder, in no event shall either Party be liable to the other Party
for any exemplary, indirect or consequential losses or damages, including loss of use, lost
production, cost of capital, loss of goodwill, lost revenues, loss of profits or loss of contracts,
even if such Party has been advised of the possibility of such damages.
Section 9.2 Limitation of Liquidated Damages. Contractors maximum liability for
the payment of liquidated damages under Article 8 shall not exceed twenty percent (20%) of the
Contract Price, as same may be adjusted pursuant to Change Orders or any other provisions of
this Agreement.
Section 9.3 Limitation of Liability. Contractors maximum aggregate liability to
Owner under this Agreement, whether arising in breach of contract, tort, strict liability, or under
any other legal theory, shall not exceed the Contract Price, as same may be adjusted pursuant to
Change Orders or any other provisions of this Agreement; provided, however, that such total
liability limitation shall not apply to, and no credit shall be applied against, such total liability
limitation for any claims, losses, costs, expenses, damages, liabilities or other amounts arising
out of: (a) Contractors indemnity obligations under this Agreement (including all obligations
under Article 15); (b) Contractors obligations under Article 11; (c) any event, occurrence or
other matter covered or should be covered by policies or any proceeds of insurance required to
be obtained and maintained by Contractor or any Subcontractor or Supplier under Article 13 and
Exhibit S; or (d) fraudulent or unlawful acts or omissions or gross negligence or willful
misconduct of Contractor or any Subcontractor or Supplier.
ARTICLE 10
FORCE MAJEURE
Section 10.1 Force Majeure. Any obligation of either Party under this
Agreement shall be excused to the extent, but only to the extent, that the applicable Party is
unable to perform as the result of Force Majeure. Each Party shall use all reasonable efforts to
cure, minimize, mitigate or remedy the effects of the Force Majeure. As used in this agreement,
Force Majeure means any condition, event, or circumstance, including by way of example,
i.

war (whether declared or undeclared), sabotage, civil strife, acts of terrorism;

ii.

earthquake, natural disasters; fire; landslides; flood;

iii.

hurricanes; tornados, tsunamis; perils of sea; volcanic activity; epidemic;

42

iv.

quarantine; blockades;

v.

seasonal or weather-based road restrictions affecting roads in Michigan, during


periods when Turbines or components of Turbines are scheduled to be delivered
by Turbine Supplier to Job Sites;

vi.

ruling; decree; or injunction of a Governmental Authority;

vii.

Acts of God; or

viii.

accidents in shipping or transportation (but solely to the extent such accident


would itself be a Force Majeure event if the Person shipping or transporting were
a party hereto);

but only if, and to the extent: (i) such condition, event, or circumstance is not within the
reasonable control of the Party affected; (ii) such condition, event or circumstance, despite the
exercise of reasonable diligence, could not be prevented, avoided or removed by such Party; (iii)
such condition, event, or circumstance has a material adverse effect on the ability of the affected
Party to fulfill its obligations under this Agreement; (iv) the affected Party has taken all
reasonable precautions, due care and reasonable alternative measures in order to avoid the effect
of such condition, event, or circumstance on the affected Partys ability to fulfill its obligations
under this Agreement and to mitigate the consequences thereof; and (v) such condition, event, or
circumstance is not the result of any failure of such Party to perform any of its obligations under
this Agreement. Furthermore, in no event shall Force Majeure include the following events,
conditions or circumstances:
(a)

oversold market conditions or other similar circumstances;

(b)
shortages of supervisors, labor, or factory/manufacturing capacity except if such
shortages are directly due to the occurrence of an independent condition, event, or circumstance
described in and meeting the conditions of the first full paragraph of this definition;
(c)
late performance as a consequence of any violation of Applicable Law or
decisions of a Governmental Authority related to the conduct of Contractors or any
Subcontractors or Suppliers business, including insolvency or any delay related to the
economic, commercial or labor circumstances of Contractor, any Subcontractor or Supplier or
other business conducted by Contractor or any Subcontractor or Supplier;
(d)
breakdown, loss, or damage to or theft of equipment except where such
breakdown, loss, or damage is directly due to the occurrence of an independent condition, event,
or circumstance described in and meeting the conditions of the first full paragraph of this
definition;
(e)

failure of a Party to pay amounts due and owing under this Agreement;

(f)

increased costs of the Work, general economic or industry conditions

(g)

strikes or labor disturbances;


43

(h)

a Partys financial inability to perform under this Agreement; or

(i)
wind conditions, it being expressly understood that any other claims related to
wind conditions are addressed in the provisions of Section 10.2 below dealing with Crane Wind
Days
(j)

any other weather conditions except as expressly provided in Section 10.1 above;

Force Majeure may include the failure of a Subcontractor or Supplier to furnish labor,
services, materials or equipment in accordance with its contractual obligations but solely if to the
extent such failure would itself be a Force Majeure as defined hereinabove if such Subcontractor
or Supplier furnishing such labor, service, materials or equipment were a party hereto.
If either Partys ability to perform its obligations under this Agreement is affected by an
event of Force Majeure event, such Party (the Affected Party) shall provide written notice to
the other Party within three (3) Business Days after it became aware of the occurrence of such
event, but in no event later than thirty (30) Days after the occurrence of such event. Such notice
will, to the extent practicable, specify the nature of the occurrence, the reasons why adjustments
to this Agreement should be granted, and the projected length of the delay occasioned by reason
of such Force Majeure event. Within ten (10) Days after submission of such notice, the Affected
Party shall provide a more detailed notice of the impact of the occurrence, and a more detailed
estimate of the effect on this Agreement. Such notice will be updated as soon as possible after
additional information becomes available to the Affected Party, but in no event less frequently
than weekly. If Contractor fails to provide written notice of an event of Force Majeure within
the time specified in this paragraph, Contractors entitlement to adjustments to the Guaranteed
Completion Dates, or other Contractor guaranteed dates herein, shall be reduced to the extent
Owner has suffered any material adverse impact as a result of Contractors delay in providing
such notice.
Under no circumstances shall Contractor be entitled to any additional compensation or
damages of any kind or character as a result of the occurrence of an event of Force Majeure.
The suspension of or impact on performance due to an event of Force Majeure shall be of
no greater scope and no longer duration than is required by such event. For purposes of clarity,
no obligations or liability under this Agreement that arose before the occurrence of the Force
Majeure event will be excused (except to the extent adversely impacted by the Force Majeure
event) as a result of the occurrence of such event of Force Majeure for any period prior to the
occurrence of such event of Force Majeure. The Affected Party shall use all reasonable efforts
to:
(a)
mitigate the duration of any suspension or delay in, or other impact to the
performance of its obligations under this Agreement;
(b)

to continue to perform its obligations hereunder; and

(c)

to remedy its inability to perform, as applicable.

Provided that Contractor has strictly complied with the requirements of this Section 10.1,
44

if an event of Force Majeure occurs, the affected Guaranteed Completion Dates shall be adjusted
by the period of time, if any, that Contractor is actually and demonstrably delayed in the
performance of its critical path activities as a result of the impact of the event of Force Majeure.
Section 10.2 Crane Wind Days. Contractor shall be entitled to
neither any extension of any Guaranteed Completion Dates nor any increase in the Contract Price
as a result of any Crane Wind Days other than as expressly provided below in this Section 10.2.
If and when the total number of Crane Full Wind Days experienced by Contractor during
the performance of the Work exceeds twenty-four (24) (and, for purposes of computation of such
twenty-four (24) Crane Full Wind Days, any two (2) Crane Half Wind Days shall be considered
to equal one (1) Crane Full Wind Day), Contractor shall be entitled to the following:
(i)

for each Crane Full Wind Day or each two (2) Crane Half Wind Days in excess of
the aforesaid quantity of twenty-four (24) (each Crane Full Wind Day or each two
(2) Crane Half Wind Days in excess of said quantity of twenty-four (24) being
sometimes referred to herein as a Compensable Crane Wind Day), a day-forday extension of the Guaranteed Turbine Mechanical Completion Date for each
Turbine the erection of which is delayed by that Compensable Crane Wind Day
(a Crane Wind Day Extension); and

(ii)

an increase in the Contract Price of


such Compensable Crane Wind Day.

for each

In the event that the total number of Compensable Crane Wind Days that occur during
the Work does not come out to an even number of Crane Full Wind Days, i.e., if there is a Crane
Half Wind Day that is not matched by another Crane Half Wind Day, then there will be no Crane
Wind Day Extension of any Guaranteed Turbine Mechanical Completion Date pursuant to the
preceding clause (i) for the extra Crane Half Wind Day, however, the Contract Price will be
increased by one-half (1/2) of the dollar amount specified in the preceding clause (ii), i.e., by
for that extra Crane Half Wind Day.
Contractor shall use all commercially reasonable efforts, including working weekends
and nights whenever practicable, to avoid and/or make up for delays caused by Crane Wind Days
so as to avoid and/or minimize the incurrence and number of Compensable Crane Wind Days. It
is understood, however, that in order to minimize or avoid causing problems with Owners
relations with Land Owners or Occupants, Contractor must obtain Owners prior approval for
any night work.
Section 10.3 Geotechnical Conditions. Contractor covenants, represents and warrants
that it has inspected and reviewed the Geotechnical Studies, which include studies related to the
surface and subsurface conditions at the Project Site, and acknowledges and agrees that all such
surface or subsurface conditions existing at the Project Site shall not be Force Majeure or a Force
Majeure Event that entitles Contractor to any relief of its obligations under this Agreement. All
information provided by the Owner to Contractor relating to ground conditions is a description of
findings at discrete locations. Owner shall not accept any responsibility for any interpretation
placed upon this information, and except as set forth below in this Section 10.3, the Contractor
45

may not rely upon or make any claim against Owner by reason thereof. Contractor shall be fully
responsible for determining the ground conditions, and for properly designing and constructing
the Turbine Foundations, roads, hard standings and other structures accordingly. Contractor is
required to complete a Job Site-specific geotechnical investigation for each Turbine location
(including any hard-stand area next to the actual Turbine location to be used by Contractor for its
crane during construction and including the route of access road to be constructed by Contractor
running to the Turbine locations), and this shall be the full responsibility of Contractor. If a Job
Site-specific geotechnical investigation or other observation of actual subsurface conditions at a
Turbine location (including associated crane hard-stand area and access road route as aforesaid)
in the course of the Work discloses subsurface conditions differing materially from those
indicated in, or reasonably inferable from, the Geotechnical Studies that could not have been
observed through a reasonable inspection of such Job Site prior to the Effective Date, and such
conditions actually result in a material increase or decrease in Contractors cost of, or the time
required for performance of, the Work at such Job Site (including associated crane hard-stand
area and access road route), then Contractor or Owner as the case may be shall be entitled to a
Change Order pursuant to ARTICLE 5 to take into account the consequences of such differing
subsurface conditions on the Construction Schedule, the Guaranteed Completion Dates, and/or
on the Contract Price, as applicable. It is expressly understood, however, that any adjustment to
the Contract Price pursuant to such a Change Order will take into account added or reduced labor
and material cost only and will not include any adjustment for any addition or reduction in the
use of Contractor's construction equipment.
ARTICLE 11
WARRANTIES
Section 11.1 Warranty of Title. The Contractor warrants that title to all
materials, parts, supplies and equipment furnished in the Work hereunder, and otherwise the
Balance of Plant, shall be good; free and clear of all liens, charges, claims and encumbrances of
any nature. This warranty of title shall continue without limitation as to time.
If any failure to comply with such warranty of title appears at any time, the Contractor
shall be liable and shall have the obligation to defend the title and sale hereby made of said
materials, parts, supplies and equipment against all and every person or persons whomsoever and
shall indemnify and save the Owner harmless from and against all losses, damages, costs,
expenses (including reasonable attorneys fees), claims and liabilities of every kind and nature
arising out of such failure to comply with the warranty.
Section 11.2 Warranty.
(a)

Any performance tests required shall be conducted as specified in this


Agreement. Should any items fail to perform as guaranteed in this
Agreement, Contractor shall promptly make such changes to the items
as are necessary to meet the performance guarantees, and such
corrections, including any retesting costs, shall be paid for by
Contractor.

46

(b)

Contractor hereby warrants that the Balance of Plant and the Work,
including without limitation all of the design, goods, services, materials
and equipment supplied by Contractor and its Subcontractors and
Suppliers in the Work and all of the workmanship of fabricating,
processing, modifying, assembling, erecting, constructing and/or
installing both Contractor- (or Subcontractor- or Supplier-) supplied
materials and equipment and Owner-supplied materials and equipment:
(i) shall be new and unused (except as required for commissioning and
placement into initial operation) and undamaged on the Substantial
Completion Date; (ii) shall conform to all of the requirements of this
Agreement; and (iii) shall be free from defects in design, materials,
construction, installation and workmanship for a period of two (2) years
from and after the Final Completion Date (the "Warranty Period").

(c)

Without limiting any other remedy available to the Owner, if any such
nonconformance or defect appears during the Warranty Period, the
Contractor shall make any and all repairs or replacements necessary to
remedy same (including performing all work incidental to such
corrective work, such as but not limited to all associated removal,
transportation, disposal and/or reinstallation of equipment or materials)
at its sole expense and within a reasonable time after notification by the
Owner. The Owner shall provide written notification to the Contractor
of any defect using the warranty claim form given in Exhibit HH. The
Contractor shall obtain Owners written approval of the Contractors
intended schedule for performing such corrective work prior to
commencing such work at the Job Site or other applicable facility
locations; and the Contractor shall perform any such work so as not to
disrupt or inconvenience the normal activities of the Owner or others.
The Contractor shall notify Owner upon completion of any corrective
work to allow for the Owner to inspect such work. The Contractor's
warranty set forth in Subsection 11.2(b) shall also apply to all corrective
work performed pursuant to the foregoing provisions of this paragraph,
with the two (2) year term of such warranty for the corrective warranty
work to commence on the Owner's final acceptance of such corrective
work.

(d)

If the Contractor refuses, neglects, or is otherwise unable to take prompt


action to correct any non-conformances or defects as provided in the
immediately preceding paragraph, the Owner shall (without limiting any
other rights or remedies it may have hereunder or at law or equity) have
the right to perform or to hire third parties to perform the corrective
work (including all work incidental to such corrective work, such as but
not limited to all associated removal, transportation, disposal and/or
reinstallation of equipment or materials), and the Contractor shall
reimburse Owner upon demand for all cost and expense of all such work
plus ten percent (10%) to cover the Owners administrative costs. The
Contractor's warranty set forth in Subsection 11.2(b) shall also apply to
47

all corrective work performed by the Owner itself or a third party hired
by the Owner pursuant to the foregoing provisions of this paragraph,
with the term of the two (2) year warranty for the corrective work to
commence on the Owner's final acceptance of such corrective work.
(e)

In the event that any corrective work invalidates warranties of


Subcontractors or an Owner Contractor, the Contractor shall obtain new
warranties satisfactory to the Owner at the Contractors expense.

(f)

In addition to the Contractor's own preceding warranties, the Contractor


shall obtain from its Subcontractors warranties satisfactory to the Owner
regarding the portion of the Work performed and/or supplied by them.
Such warranties shall be for the benefit of the Owner and the
Contractor, and shall be enforceable by the Owner, the Contractor, or
both, at the option of the Owner.
ARTICLE 12
TITLE AND RISK OF LOSS
Section 12.1 Passage of Title.

Title to all Contractor (or- Subcontractor- or Supplier-) supplied materials, parts, supplies
and equipment that are to be incorporated into and to become a part of the structures, buildings,
fixtures, facilities and/or other improvements that are to be erected, constructed and/or installed
within the Project Site in the performance of the Work shall pass to Owner at the earlier to occur
of:
(a)

the date such materials, parts, supplies and equipment have been physically incorporated
into said structures, buildings, fixtures, facilities and/or other improvements; or

(b)

the date payment for such materials, parts, supplies and equipment is made by the Owner
to the Contractor (i.e., the Owner has paid a Contractor invoice that covers the Work
associated with such materials, parts, supplies and equipment);

but in any event not later than the date of Final Completion. Said transfer of title shall in no way
limit or otherwise affect any of the Owners rights and remedies as set forth elsewhere in
Contract or at law or equity. Notwithstanding the transfer of title, the Contractors responsibility
for loss or damage to such equipment and materials shall be determined in accordance with
Section 12.2 hereof.
Any Contractor- (or Subcontractor- or Supplier-) supplied materials, parts, supplies and
equipment that has not yet been actually incorporated into the Work for which title has so passed
to Owner but which remains in the care and custody of Contractor or any of its Subcontractors or
Suppliers shall be clearly identified as being the property of Owner and shall be segregated from
Contractors other work or inventory.

48

Upon Final Completion, any of the materials, parts, supplies and equipment on the
Project Site which remains unused and has neither been:
(a)

incorporated into the structures, buildings, fixtures, facilities and/or other improvements
erected, constructed and/or installed within the Project Site in the performance of the
Work; or

(b)

paid for by the Owner;

shall remain the property of the Contractor. The Contractor must, unless otherwise agreed in
writing, remove any such materials, parts, supplies and equipment from the Project Site, not later
than Final Completion. Notwithstanding the foregoing, if the materials, parts, supplies and
equipment in question are materials, parts, supplies and equipment that this Agreement
specifically requires the Contractor to provide to the Owner, including a situation where such
materials, parts, supplies and equipment is part of particular quantity that this Agreement
provides that the Contractor must supply, any of such equipment or material which remains
unused upon Final Completion will become and remain the property of the Owner.
Section 12.2 Risk of Loss.
The Contractor shall retain the risk of loss to the BOP and all materials, parts, supplies
and equipment incorporated or intended to be incorporated into the BOP (including, in addition
to all Contractor-, Subcontractor- or Supplier- supplied materials, parts, supplies and equipment,
all Owner Supplied Equipment, the risk of loss to which Owner Supplied Equipment shall pass
to the Contractor effective upon delivery thereof to the Contractor), and also specifically
including any materials, parts, supplies and equipment in transit or in storage either within or off
the Project Site, until Final Completion (or, if this Agreement is terminated prior to Final
Completion, then until the effective date of such earlier termination of this Agreement). For
purposes of the foregoing, Owner Supplied Equipment shall be deemed delivered to the
Contractor when it is made available for unloading by the Contractor at the applicable Job Site,
Owner-designated storage or lay down area or other work area.
Without limiting the generality of any of the foregoing, the Contractor shall be fully
responsible for any loss or damage to the BOP or to materials, parts, supplies and equipment
incorporated or intended to be incorporated into the BOP (including Owner Supplied Equipment
in addition to Contractor-, Subcontractor- or Supplier- supplied materials, parts, supplies and
equipment) due to theft, pilferage, rust, weathering, and the elements.
In the event of any loss, theft or damage for which the Contractor is responsible under
Section 12.2, the Contractor shall forthwith re-do, repair or replace the applicable Work and/or
the materials, parts, supplies and equipment so damaged or destroyed, at its own expense and to
the satisfaction of the Owner.
ARTICLE 13
INSURANCE
Section 13.1 Insurance. Contractor shall provide and maintain the
insurance specified in Exhibit S in accordance with the terms and provisions thereof.
49

ARTICLE 14
DEFAULT AND TERMINATION; SUSPENSION
Section 14.1 Defaults. The occurrence of any one or more of the
following events shall constitute an event of default by Contractor hereunder (a Contractor
Event of Default):
(a)

Contractor fails to procure, maintain or provide acceptable evidence of


any insurance required to be procured and maintained by Contractor or
fails to perform any other obligation under Exhibit S.

(b)

Contractor fails for any reason to make prompt payments required to be


made by Contractor to any Subcontractor or Supplier of amounts not
reasonably in dispute, which failure results in or gives rise to, or could
result in or give rise to, a lien or claim against Owner or the Project, or
the impairment of Contractor to perform its obligations under this
Agreement, and such failure continues for thirty (30) days after receipt
of written notice of such non-payment;

(c)

Contractor fails to pay, or cause to be paid, to Owner any required


payment which is not in dispute, and such failure continues for thirty
(30) days after receipt of written notice of such failure;

(d)

Contractor fails to achieve Turbine Foundation Group Completion of


any Turbine Foundation Group within sixty (60) days after the
Guaranteed Turbine Foundation Group Completion Date for such
Turbine Foundation Group;

(e)

Contractor fails to achieve Substation Completion within sixty (60) days


after the Guaranteed Substation Completion Date;

(f)

Contractor fails to achieve Collection System Circuit Completion of any


Collection System Circuit within sixty (60) days after the Guaranteed
Collection System Circuit Completion Date for such Collection System
Circuit;

(g)

Contractor fails to achieve Turbine Mechanical Completion of any


Turbine within sixty (60) days after the Guaranteed Turbine Mechanical
Completion Date for such Turbine;

(h)

Contractor fails to achieve Operations and Maintenance Building


Completion within sixty (60) days after the Guaranteed Operations and
Maintenance Building Completion Date (applicable only if Owner elects
the option for an Operations and Maintenance Building as provided in
Exhibit A);

50

(i)

Any representation or warranty of Contractor shall prove to be false or


misleading and causes a material adverse effect on either Owners or
Contractors ability to perform its obligations under this Agreement;

(j)

Contractor makes a general assignment for the benefit of its creditors, is


generally unable to pay its debts as they become due or shall commence
or file a voluntary case or petition in bankruptcy or shall be adjudicated
as bankrupt or insolvent, or shall file any petition or answer seeking any
reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under the present or future federal, state or
other bankruptcy or insolvency statute or law, or shall seek, consent to
or acquiesce in the appointment of any bankruptcy or insolvency trustee,
receiver or liquidator of Contractor or of all or any substantial part of its
properties;

(k)

Any action, case or proceeding shall be commenced against Contractor


seeking (i) any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any insolvency laws or
(ii) the appointment, without the consent or acquiescence of Contractor,
of any trustee, receiver or liquidator of Contractor or of all or
substantially all of its properties, which proceeding or appointment shall
continue unstayed for a period of sixty (60) days;

(l)

Contractor abandons the Work;

(m)

Contractor fails to deliver the payment and performance bond required


by Section 2.9 within five (5) days after the required date of delivery
thereof, or fails to deliver a replacement payment and performance
bond, similar in form and substance to the existing payment and
performance bond, five (5) days after (i) the payment and performance
bond delivered on the Effective Date no longer continues to be in effect
or (ii) notification from Owner that the issuer of such payment and
performance bond no longer meets the requirements set forth in Section
2.9; or

(n)

Contractor is in any other respect in material breach of its obligations


under this Agreement and such breach continues for thirty (30) days
after receipt of written notice from Owner.
Section 14.2 Owners Option to Cure an Event of Default.

Upon any Contractor Event of Default, then Owner in addition to any other remedies
available under this Agreement, at law or in equity, shall have the right, but not the obligation, to
cure such defaults and shall be entitled to recover from Contractor the direct, documented cost of
curing such defaults, where such costs and any amounts previously paid to Contractor are in
excess of the Contract Price.
51

Section 14.3 Event of Default Remedies.


(a)

Termination. Upon the occurrence of a Contractor Event of Default,


Owner, without prejudice to any remedy provided herein or otherwise
available at law or in equity, may, by written notice to Contractor,
terminate this Agreement. The termination of this Agreement shall be
without prejudice to any other rights or remedies which Owner may
have against the Contractor, and no termination of this Agreement shall
constitute a waiver, release or estoppel by the Owner of any right, action
or cause of action it may have against the Contractor.

(b)

Effects of Termination. In the event of a termination by Owner


pursuant to Section 14.3(a), Owner shall not be required to make any
further payment to Contractor unless and until all claims between the
Parties are settled or resolved. If Owner elects to complete the Work,
then upon such completion Owner shall determine the completion cost.
If the completion cost exceeds the difference between (i) the Contract
Price less (ii) the sum of (a) the Retainage, plus (b) all amounts withheld
by Owner pursuant to this Agreement, plus (c) all amounts previously
paid to Contractor, plus (d) an amount equal to all Delay Liquidated
Damages to which Owner would have been entitled pursuant to Section
8.2 upon the completion of the Work, notwithstanding that someone
other than Contractor completed the Work, then Contractor shall pay to
Owner the amount of such excess within ten (10) Days following receipt
of Owners demand for such payment. Upon such termination Owner
shall have the right to take an assignment of all subcontracts and
purchase orders entered into by Contractor in connection with the Work.
If requested by Owner, Contractor shall, at Contractors cost and
expense, remove such materials, equipment, tools and instruments used
and any debris or waste materials generated by Contractor in the
performance of the Work as Owner may direct. If any termination by
Owner pursuant to Section 14.3(a) is ultimately determined to have been
wrongful, then such termination shall be deemed a termination for
convenience pursuant to Section 14.4, and Contractors sole remedy
shall be the receipt of the amounts set forth in Section 14.4(b).

(c)

Additional Owners Remedies. Upon the occurrence or happening of a


Contractor Event of Default, Owner, in addition to all other rights and
remedies provided in other provisions of this Agreement, may (i) retake
possession of the Project Site, (ii) with or without terminating this
Agreement, take possession of all construction materials and finish the
Work by whatever means, manner or methods Owner may deem
expedient, (iii) with or without terminating this Agreement, assume the
rights and obligations of Contractor, and to require performance by
Subcontractors and Suppliers, under any or all of subcontracts and
purchase orders covering the unperformed parts of the Work, whether
pursuant to assignment or pursuant to the third party beneficiary rights
52

of Owner under such subcontracts and purchase orders, and/or (iv)


exercise, enforce, pursue and realize on any and all other rights and
remedies available to Owner under applicable Law and/or under this
Agreement and all other agreements, documents and instruments
executed in connection with this Agreement. In the event Owner, upon
the happening or occurrence of a Contractor Event of Default, elects to
take possession of the site and all construction materials and finish the
Work, Owner, at its election, may assume the rights, powers, remedies,
duties, responsibilities and obligations of Contractor under all of its
subcontracts and purchase orders covering the unperformed portions of
the Work and continue the performance of the parties under any and all
such assumed subcontracts and purchase orders as a means, manner or
method of finishing the unperformed portion of the Work.
Section 14.4 Termination for Convenience by Owner. Owner may, in its
sole discretion, terminate, in whole or in part, this Agreement and the Work at any time. Owner
shall exercise such right of termination by giving reasonable written notice of termination to
Contractor. In such event:
(a)

If requested by Owner, Contractor shall withdraw from the Project Site,


shall assign to Owner, to the extent assignable, such of Contractors
Subcontracts with Subcontractors and purchase orders with Suppliers
entered into in connection with the Work as Owner may request, shall
transfer to Owner, to the extent transferable, any Contractor Permits
obtained for the Work, and shall remove such materials, equipment,
tools and instruments used and any debris or waste materials generated
by Contractor in the performance of the Work as Owner may direct, and
Contractor shall deliver to Owner all designs, drawings, and other
Project documents that may be in the Contractors possession. .

(b)

Within thirty (30) days following receipt from Contractor of an invoice


with supporting documentation in reasonable detail, Owner will pay
Contractor for all Work completed (based on the amounts therefor set
forth in the Milestone Payment Schedule), the reasonable and
documented demobilization costs of Contractor, including unavoidable
cancellation charges from Subcontractors and Suppliers (Contractor to
use its best efforts to avoid and/or minimize all such charges), all to the
extent not covered by the payments previously made under the
Milestone Payment Schedule. Contractor shall leave for the Owner at
the Project Site and/or complete delivery to Owner at the Project Site of
materials, supplies, components and equipment for which Owner has
paid. Upon payment by the Owner to the Contractor as provided above
in this Subsection 14.4(c), the Owner shall no further obligation under
this Agreement.

(c)

Contractor shall execute all documents and take all other reasonable
steps requested by Owner or its assignee which may be required or
53

reasonably necessary to vest in Owner or its assignee all rights, set offs,
benefits and titles necessary to such assumption by Owner or its
assignee of such obligations.
Section 14.5 Suspension. Notwithstanding any other provisions of this
Agreement, Owner may at any time, suspend, or extend the time for, Contractors
performance of all or any part of the Work, upon written notice of no less than two (2)
Business Days of such suspension or extension, which notice will include Owners then
anticipated duration of such suspension of the Work. Thereafter, Contractor shall
resume performance as directed by Owner within a reasonable time period after Owners
notice of resumption of performance. In the event of such suspension or extension
(unless such suspension arises as a result of any fault, defect or failure to perform which
is attributable to Contractor or any Subcontractor or Supplier), Contractor shall be
entitled to reimbursement for additional costs reasonably incurred by Contractor in
effectuating such suspension or extension period, such reimbursement to be provided for
in a Change Order issued by the Owner pursuant to this Agreement. Contractor shall use
all reasonable efforts to minimize or mitigate such suspension costs.

ARTICLE 15
INDEMNIFICATION
Section 15.1 General Indemnification.
(a)

General. To the fullest extent permitted by law, Contractor shall


indemnify, defend and hold harmless Owner, and its parent company,
other affiliates, and their respective officers, owners, members, agents,
managers, employees, successors and assigns from and against any and
all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, costs (including reasonable attorneys fees) and
expenses of any nature for:
(i)

sickness, disease, death or personal injury to any person, including


employees of the Contractor, employees of any Subcontractor or
Supplier, employees of Owner, Land Owners or Occupants, or any
other person;

(ii)

damage to any property, including property of the Contractor,


property of any Subcontractor or Supplier, property of the Owner
(including the Project), property of Land Owners or Occupants, or
property of any other Person,

resulting from, arising out of, or relating to the performance of the Work
or otherwise from any act, omission or operation of Contractor, its
Subcontractors, Suppliers or their respective employees or agents.

54

(b)

Contractor Hazardous Material. To the fullest extent permitted by law,


Contractor shall indemnify, defend and hold harmless Owner, and its
parent company, other affiliates, and their respective officers, directors,
employees, agents, affiliates, and representatives, from and against any
and all third party claims, demands, suits, liabilities, injuries (personal
or bodily), property damage, causes of action, losses, costs, expenses,
damages or penalties, including, without limitation, court costs and
reasonable attorneys fees, arising out of, or resulting from, or
occasioned by or in connection with a Contractor Hazardous Material.

(c)

Easements and Special Land Owner Agreements. To the fullest extent


permitted by law, Contractor shall indemnify, defend and hold harmless
Owner, and its parent company, other affiliates, and their respective
officers, directors, employees, agents, affiliates, and representatives,
from and against any and all third party claims, demands, suits,
liabilities, causes of action, losses, costs, expenses, damages or
penalties, including, without limitation, court costs and reasonable
attorneys fees, arising out of, or resulting from, or occasioned by or in
connection with a breach by Contractor of any obligation under an
Easement or Special Land Owner Agreement.

(d)

Without limiting the foregoing, the Contractor shall at the request of the
Owner defend at the Contractor's expense any suit or proceeding
brought against the Owner for any of the above-named reasons.

Section 15.2 Infringement Claims. Contractor shall indemnify, defend


and hold harmless Owner, and its parent company, other affiliates, and their respective officers,
owners, members, agents, managers, employees, successors and assigns from and against any
and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities,
costs (including reasonable attorneys fees) and expenses arising from any actual or alleged
infringement by the Work, or any part thereof, or any designs or equipment furnished or used by
the Contractor or any Subcontractor of Supplier in connection therewith, or the Owners use of
any of the foregoing, infringes any patent, copyright, trade secret, trademark, or other proprietary
rights of a third party. Without limiting the foregoing, the Contractor shall at the request of the
Owner defend at the Contractor's expense any suit or proceeding brought against the Owner for
any of the above-named reasons.
In addition to the above, if Owners use of the Work is enjoined, Contractor shall, at its
expense, pursue one or more of the following remedies selected by Owner (i) substitute
functionally equivalent non-infringing products for the infringing item, (ii) modify the infringing
item so that it no longer infringes but remains functionally equivalent or (iii) obtain for Owner
the right to continue using such item.
Section 15.3 Survival. The provisions of this ARTICLE 15 shall survive
completion, expiration or any termination of this Agreement.

55

ARTICLE 16
CONTRACTOR REPRESENTATIONS AND WARRANTIES
Section 16.1 Representations and Warranties.
Contractor hereby
represents and warrants to Owner, as of (a) the Effective Date, (b) the LNTP Date, if any, and
(c) the Notice to Proceed Date, that:
(a)

Due Incorporation and Good Standing. It is a corporation duly


organized, validly existing and in good standing under the laws of the
State of Indiana and is authorized to do business and in good standing in
all jurisdictions in which the nature of the business conducted by it
makes such authorization necessary and has the requisite power to own
and operate its properties, to carry on its business and to execute, deliver
and perform its obligations under this Agreement.

(b)

Corporate Authorizations. The execution, delivery and performance by


Contractor of this Agreement (i) have been duly authorized by all
requisite corporate action on its part, (ii) will not violate any Laws, (iii)
will not cause a breach of, or result in the imposition of any lien upon
any of its assets under, any of its organizational documents or any
agreement, instrument or other requirement by which it or any of its
properties may be bound or affected and (iv) does not and will not
require the consent of any trustee or holder of any indebtedness or other
obligation of Contractor or any other party to any other agreement with
Contractor.

(c)

Enforceability. The execution and delivery by Contractor of this


Agreement will cause it to constitute a legal, valid and binding
obligation of Contractor, enforceable against Contractor in accordance
with its terms except as the enforceability thereof may be limited by
bankruptcy, insolvency, reorganization, moratorium or other similar
laws affecting the enforcement of creditors rights generally and as
enforceability thereof may be subject to general principles of equity
(regardless of whether such enforcement is considered in a proceeding
in equity or at law).

(d)

No Actions. There are no actions, suits, proceedings or investigations


pending or, to its knowledge, threatened against it at law or in equity
before any court or before any federal, state or municipal agency which,
individually or in the aggregate, is reasonably likely to have a material
adverse effect on its ability to perform its obligations under this
Agreement.

(e)

Government Approvals. No approvals from, and no registration,


declaration or filing with, any Governmental Authority is required on
the part of Contractor in connection with the execution, delivery and
performance of this Agreement, except those which have already been
56

obtained or which Contractor anticipates will be timely obtained in the


ordinary course of the performance of this Agreement.
(f)

Qualifications. Contractor has examined this Agreement thoroughly


and has become familiar with and understands its terms and has the
experience and qualifications to perform the Work in a manner
consistent with all of the requirements of this Agreement.
ARTICLE 17
INTELLECTUAL PROPERTY RIGHTS

Section 17.1 Title to Scope of Work and Deliverable. The Scope of


Work and all deliverables to be provided by Contractor pursuant to this Agreement (collectively,
the Documentation), shall be considered works made for hire, as such term is defined under
any copyright law, by Contractor for Owner. All Documentation shall at all times be and remain
the sole property of the Owner, who shall retain title, and shall be used by the Contractor only for
purposes of the Work and for no other use or purpose without the Owner's express prior written
consent. To the extent any Documentation is not considered a work made for hire under
copyright law, and for purposes of non-copyright Laws, Contractor agrees to transfer and
automatically assign, and hereby does transfer and assign, to Owner the entire right title and
interest for the entire world in and to such Documentation effective as of the date of creation.
Section 17.2 Confidential Information.
Contractor will treat all
information, materials and data that it receives from Owner or to which it has access from the
Owner by virtue of this Agreement as confidential and proprietary to the Owner and/or to one or
more Owner Contractors (hereinafter Confidential Information), unless and until it falls within
one of the exceptions set forth below in this Section 17.9. The Contractor may not disclose,
publish, release, transfer, nor otherwise make available Confidential Information in any form to,
or for the use or benefit of, any Person without the Owners express prior written consent.
Notwithstanding the above, Confidential Information will not be deemed to include information
that the Contractor can demonstrate: (a) was developed by the Contractor without use of or
access to the Owners or any Owner Contractors Confidential Information; (b) is or becomes
generally publicly known (other than through disclosure by or any other act or omission of the
Contractor); (c) was already known by the Contractor without any obligations of confidentiality
other than pursuant to the preceding provisions of this Section 17.2. Prior to the completion of
the Project, Contractor shall treat this Agreement and all matters addressed within it as private
and confidential to the Owner. Contractor shall not publish any drawing, photograph, video or
film or directly or indirectly disclose any information relating to the Parties performance
obligations or the Project to the press, radio, television or other news media without the prior
written consent of Owner.
ARTICLE 18
DISPUTE RESOLUTION
Section 18.1 Dispute Resolution. An authorized representative of a
Party may submit a claim, dispute or other controversy arising out of, or relating to, this
Agreement which such authorized representative of the applicable Party does not believe can be
57

otherwise resolved by the Parties respective authorized representatives (hereinafter collectively


referred to as a Dispute) to a Senior Officer from each Party for resolution by mutual
agreement between the Senior Officers. Any written and signed agreed determination by the
Senior Officers shall be final and binding upon the Parties. However, if the Senior Officers do
not arrive at a mutual decision as to the Dispute within ten (10) Days (or such longer time as the
Parties agree) after notice to each Party of the Dispute, either Party may pursue any other
available remedy at law or in equity. For purposes of this Agreement, the term Senior Officer
means the chief executive officer, president or any vice president of a Party.
Section 18.2 Continuation of Work. Pending final resolution of any
Dispute, Contractor shall proceed diligently with the performance of its duties and obligations
under this Agreement, and Owner shall continue to make undisputed payments in accordance
with such Agreement.
Section 18.3 Jurisdiction and Venue. Each of the Parties hereby agrees
that any legal proceedings which may arise out of or relate to this Agreement or under any of the
other documents entered into in connection therewith shall be brought in the United States
District Court for the Western District of Michigan (and if such court does not have jurisdiction
over a matter at controversy between the Parties, any state court located in Michigan or Federal
Court sitting in Michigan). Accordingly, each of the Parties hereby submits to the jurisdiction of
the United States District Court for the Western District of Michigan (and if such court does not
have jurisdiction over a matter in controversy between the Parties, any state court located in
Michigan or Federal Court sitting in Michigan) for purposes of all legal proceedings that may
arise out of or relating to this Agreement or under any of the other documents entered into in
connection therewith. Each of the Parties hereto (a) irrevocably waives, to the fullest extent
permitted by applicable Law, any objection which it may have or hereafter have to the personal
jurisdiction of such court or the laying of the venue of any such proceeding brought in such a
court and any claim that any such proceeding brought in such a court has been brought in an
inconvenient forum, (b) agrees, to the fullest extent permitted by Federal law, not to raise any
objection (other than in respect of subject matter jurisdiction) to the removal or transfer to the
United States District Court for the Western District of Michigan of any such proceeding that is
initially brought in any other court, and (c) agrees that it will not file any motion or assert any
defense in any such proceeding that is inconsistent with the foregoing waivers and consent. Each
of the Parties to this Agreement hereby consents to process being served in any such proceeding
by the mailing of a copy thereof by certified mail, postage prepaid, to its address specified in
Section 19.1 (as such address may be changed as provided therein). EACH OF THE PARTIES
HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES
ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR
ANY OTHER DOCUMENTS ENTERED INTO IN CONNECTION HEREWITH.
ARTICLE 19
MISCELLANEOUS
Section 19.1 Notice. All notices which are required or desired to be
given hereunder shall be in writing and shall be deemed given: (i) one Business Day after deposit
with a nationally recognized overnight courier service marked for overnight delivery and with all
58

fees prepaid, or (ii) two Business Days after deposit in the United States mail if sent registered or
certified mail, return receipt requested, with all postage and other charges prepaid, or (iii) upon
receipt of a telefax (or, if that is not on a Business Day, then on the immediately following
Business Day), or (iv) upon the day of actual receipt (or refusal to accept actual delivery) if given
or sent by any other means; and in any of such cases addressed and sent as follows:
If delivered to Owner:
Consumers Energy Company
1945 West Parnall Rd
Jackson, Michigan 49201
Attn: Mr. Darren L. Owens, P.E.
Room P26-104
Office: 517 788 0322
Cell: 517 960 5938
Facsimile: 517 788 7086
Email: dlowens@cmsenergy.com
If delivered to Contractor:
White Construction, Inc.
P.O. Box 249
Clinton, Indiana 47842
Attn: Mr. Dan Skinner
Facsimile: (765) 832-2075
Either Party may change its above-set forth address or fax number for receipt of notices, or the
above-set person to whose attention notices to it are to be addressed, by a written notice to the
other Party given in accordance with this Section 19.1.
Section 19.2 Governing Law. This Agreement shall be governed by,
interpreted under, and construed and enforced in accordance with the laws of the State of
Michigan excluding any conflict of laws rules thereof that may cause this Agreement to be
governed by or construed in accordance with the law of a different jurisdiction.
Section 19.3 Independent Contractor. Contractor is an independent
contractor and nothing contained herein shall be construed as constituting any relationship with
Owner other than that of owner and independent contractor, nor shall it be construed as creating
any relationship whatsoever including employer/employee, partners or joint venture parties,
between Owner and Contractors employees.
Section 19.4 No Rights in Third Parties. Unless and except as may be
otherwise expressly provided herein, this Agreement and all rights hereunder are intended for the
sole benefit of the Parties and shall not imply or create any rights on the part of, or obligations to,
any other Person.

59

Section 19.5 Assignment.


Contractor shall not assign or otherwise transfer, in whole or in part, by operation of law
or otherwise, this Agreement or any of the Contractors rights or obligations under this
Agreement, without the prior written consent of Owner, which consent may be withheld in
Owners reasonable discretion. Any assignment not in conformity with this section shall be null
and void.
Section 19.6 Incorporation by Reference.
All Exhibits to this
Agreement are incorporated by reference herein and made a part hereof for all purposes.
Section 19.7 Entire Agreement. This Agreement contains the entire
understanding of the Parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and commitments with respect thereto. There are no other oral
understandings, terms or conditions and neither Party has relied upon any representation, express
or implied, not contained in this Agreement.
Section 19.8 Amendments. This Agreement may be modified or
amended only by a written instrument signed by the Parties.
Section 19.9 Severability. If any provision of this Agreement is found to
be invalid, illegal or unenforceable, the remaining provisions hereof shall remain in full force
and effect.
Section 19.10
Drafting Ambiguities.
Preparation of this
Agreement has been a joint effort of the Parties and the resulting document shall not be
construed more severely against one of the Parties than against the other. Any rule of
construction that ambiguities are to be resolved against the drafting Party shall not be employed
in the interpretation of this Agreement, or any amendments or exhibits hereto.
Section 19.11
Waiver of Breach. A delay or failure to enforce at
any time any of the provisions of this Agreement, or to require at any time performance by the
other Party of any of the provisions hereof, shall in no way be construed to be a waiver of such
provisions or to affect either the validity of this Agreement or any part hereof or the right of
either Party thereafter to enforce each and every provisions in accordance with the terms of this
Agreement.
Section 19.12
Survival.
Termination or expiration of this
Agreement shall not relieve either Party of any other obligation imposed under this Agreement
which by its nature survives or is not fully performed upon termination hereof.
Section 19.13
Owners Right to Audit. For purposes of disputes
and for verification of incurred or estimated costs, including all related Direct Costs, claimed by
Contractor for any Work performed on a time and material basis, any suspended, terminated,
delayed or accelerated Work, or for any claim whatsoever for additional costs, or to verify the
Certified Michigan Equipment or Certified Michigan Labor, Owner or its authorized
representative shall have the right and free access at any reasonable time during normal business
hours to examine, audit and copy all of Contractors records and books related to all those costs
60

as reasonably necessary to verify those costs, Certified Michigan Equipment or Certified


Michigan Labor. Contractor shall not destroy or dispose of any of such documents or records, or
permit any subcontractor to destroy or dispose of any such documents or records, for a period of
ten (10) years after Final Completion. Pending conclusion of those investigations, Owner shall
not be obligated to pay Contractor any amounts that are in question and under investigation.
Section 19.14 Personal Risk Assessment and Cyber Security
Access. Contractor/Consultant shall contact the Owners third party provider (as indicated by
the Owners representative) to have a personnel risk assessment performed on any individual
who needs to have unescorted physical access or cyber access to Owners Critical Cyber Assets
(as defined by Owner) in order to perform work under this Contract including other Cyber Assets
that require similar treatment. Contractor/Consultants employee(s) shall have each individual
complete the NERC/CIP training provided by the Owners representative and pass a test
administered by the Owners representative or delegate. All copies of the passed tests will be
retained by the Owner as evidence of completion of the required training.
Upon completion of the above steps for each Contractor/Consultant employee, the Owner
shall determine whether said individual shall be granted unescorted physical access or cyber
access to Owners Critical Cyber Assets. Contractor/Consultant shall notify Owner either prior to
or within two (2) hours after employees termination for cause.
Contractor/Consultant shall notify Owner in writing within twenty-four (24) hours of the
time an employee transfers, quits or retires and no longer needs access to Owners Critical Cyber
Assets or who needs access to a different set of Critical Cyber Assets.
Contractor/Consultant shall be responsible for all costs incurred by the Owners third
party provider.
Section 19.15
Project Site and Job Site Conditions. These
conditions are applicable unless otherwise specified in this Agreement.
(a)

Contractor shall provide temporary construction buildings, temporary


lighting from designated load centers, and sanitary and other facilities
which conform to the requirements of Owner and local authorities.
Contractor facilities, storage and parking locations are to be as agreed to
by Owner. Contractor shall furnish its own office and any other shelters
required, drinking water, and necessary construction utilities including
hook-ups, not specifically identified as Owner-furnished items as
identified in this Agreement.

(b)

During performance of the Work, Contractor shall limit its operations


and its personnel to the areas in which it is performing the Work on each
Job Site and other Owner designated work locations, and shall ensure
that its personnel and Subcontractors enter and leave each Job Site and
other Owner designated work locations using the route designated by
Owner.

61

(c)

Any employee, agent, or representative of Contractor and its


Subcontractors shall be subject to vehicle, tool box, and lunch box
inspections by the Owner upon entering and leaving the Project Site.
The Contractor and its Subcontractors are to comply with Owners
brassing requirements.

(d)

Contractor shall not permit visitors, cameras or picture taking on any


Job Site or other Owner designate work location without the prior
written approval of Owner.

(e)

Contractor shall comply with requirements set by Owner regarding the


design and use of identification badges. It shall be Contractor's
responsibility to become fully acquainted with these regulations prior to
commencing the Work. Contractor shall at all times abide by and
enforce job working rules including any Job Site or other Owner
designated work location security system as established by Owner.

(f)

Contractor assumes the responsibility to make certain that the Work


properly ties in and is compatible with the work of Owner and Owner
Contractors on Owner's overall Project. Contractor shall immediately
report to Owner any incompatibility of the Work with the other work of
Owner or any Owner Contractor on Owner's overall Project, and shall
not proceed further with the affected portion of the Work until directed
to do so by Owner. All costs resulting from the Contractor proceeding
with the affected portion of the Work in the absence of direction from
Owner will be to Contractors account.

(g)

Contractor shall make all necessary provisions to prevent any damage or


undue wear to roads, railroads, land, structures, power and
communications lines, pipelines or other items, or interferences with
their operation or maintenance, all in a manner satisfactory to the
owners thereof, and all costs incidental thereto shall be to the account of
Contractor. Contractor shall repair or replace any Owner or third party
property it damages. Claims of damage arising out of this Subsection
19.15(g) may, at Owners discretion, be settled and paid for by Owner
and backcharged to Contractor. Owner assumes no responsibility for
the condition or maintenance of any road or structure that may be used
by Contractor in performing the Work, or in transferring Contractors
employees to and from any Job Site or other location of the Work. No
payment will be made to Contractor by Owner for any work performed
in constructing, improving, repairing, or maintaining any road or
structure for use in the performance of Work. Contractor shall ensure
that all roads within and adjacent to any Job Site are kept open and free
and clear of debris. Should Contractors operations require that a road
be obstructed, Contractor shall notify Owner at least 24 hours prior to
the planned obstruction and shall obtain Owners concurrence to
proceed with the obstruction. Contractor shall provide, erect, and
62

maintain, at its own expense, effective barricades and warning and/or


detour signs at both ends of such obstruction.
(h)

The services of qualified technical representative(s) shall be provided by


Contractor for Contractors equipment, if so required, during the
unpacking, assembly, installation, start-up, and initial operation of such
equipment. The technical representative(s) shall have good language
and writing skills (in English) and provide engineering and technical
guidance, advice, and counsel based upon current engineering,
manufacturing, installation and operating practices for the equipment.

Section 19.16
Ethics and Compliance. Contractor shall comply
with the provisions of Exhibit W-5 - CMS Energy Corporation Third-Party Ethics and
Compliance Guidelines (2008) (Revision 1 April 2008) which is a part of this Agreement.
Alternatively, if Contractor has an existing documented compliance program that includes
compliance standards acceptable to Owner, Contractor may request approval of its existing
compliance program, and if approved, Contractor compliance with its existing compliance
program will meet the requirement of this Section 19.21. Contractor and all its employees and
Subcontractors shall abide by the provisions of Exhibit W-5, or its internal compliance program
(as applicable)).
Section 19.17
Captions. The captions contained in this Agreement
are for convenience and reference only and in no way define, describe, extend or limit the scope
of intent of this Agreement or the intent of any provision contained herein.
Section 19.18
Counterparts. This Agreement may be executed in
counterparts, each of which is deemed an original, but all of which together shall constitute one
and the same instrument. Any counterpart may be executed by facsimile signature or any image
of the signed Agreement transmitted by electronic mail (such as an unalterable pdf image file).
[Signatures on Next Page]

63

CECo BOP EPC CONTRACTOR EXHIBIT INDEX

Exhibit #

Document and Exhibit Title

Comments

Final

(Last updated November 12, 2010)

Balance of Plant Agreement

Scope of Work

A-1

Division of Responsibility Matrix

A-2

Project Site Layout

A-3

Project Site Flow Plan

A-4

Easements

A-5

Intentionally Omitted

A-6

Project Site Aerial Surveys

A-7

Meteorological Tower Coordinates (Later)

A-8

Geotechnical Studies

A-9

SCADA Diagram

A-10

SCADA Points List

A-11

Collection Substation One-line Diagram

A-12

Substation General Arrangement Plan

A-13

Substation Structural Elevation

A-14

Standard HVD Control House Electrical Layout

B-1

Selected Portions of the TPA Vestas Exhibits

B-2

Selected Portions of Substation Transformer


Specifications

List of Owner Permits and Contractor Permits

Interconnection Requirements

Project Milestone Schedule

Milestone Payment Schedule

Intentionally Omitted

Form of Change Order Request

Intentionally Omitted

Intentionally Omitted

Contractors Rate Schedule

Form of Turbine Foundation Group Completion


Certificate

Form of Turbine Mechanical Completion


Certificate

Form of Substation Completion Certificate

Form of Collection System Circuit Completion


Certificate

Redacted

Redacted

Redacted

11/12/2010 FINAL

CECo BOP EPC CONTRACTOR EXHIBIT INDEX

Comments

Final

(Last updated November 12, 2010)

Exhibit #

Document and Exhibit Title

Form of Civil Works Completion (Later)

Form of Substantial Completion Certificate

Form of O&M Building Completion Certificate

Insurance Requirements

Guaranteed Completion Dates

U-1

Records Format Retirement Units Format


Example

U-2

Records Format Policy and Process Manual

Form of Job Book

W-1

CSS 734 Partial Unconditional Waiver

W-2

CSS 735 Full Unconditional Waiver

W-3

CSS 0651 A Vendor Payment Financial EDI


Transactions

W-4

CSS 0417 A - Contractor Requirements


Hazardous Chemicals

W-5

Third Party Ethics and Compliance Guidelines

W-6

Supplemental W9 Form

W-7

CSS 733 Sworn Statement

W-8

Intentionally Omitted

Approved Subcontractors

Intentionally Omitted

QA-QC Program

AA

Affidavit of Michigan Equipment, Materials and


Labor

BB

Environmental Plan

CC

Key Personnel

DD

Meetings, Schedule, and Progress Reports

EE

Deliverables List

FF

Request for Information Form

GG

Wind Day Reporting Form

HH

Sample Warranty Claim Form

II

Permanently Installed Materials not Claimed as


Sales/Use Tax Exempt

11/12/2010 FINAL

Exhibit A
Scope of Work

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A. Scope of Work


Lake Winds Energy Park
Mason County, Michigan

Final
November 10, 2010

Exhibit A. Scope of Work


Lake Winds Energy Park
Mason County, Michigan
Final
November 10, 2010

Lake Winds Energy Park


Final November 10, 2010

2009 RMT, Inc.


All Rights Reserved

Table of Contents
1.

General ........................................................................................................................................... 1-1


1.1
1.2
1.3

1.4

1.5

1.6
1.7

Scope of Work Overview .................................................................................................. 1-1


General Services ................................................................................................................. 1-1
1.2.1 Engineering, Procurement and Construction Management ........................... 1-2
Civil Infrastructure Services ............................................................................................. 1-4
1.3.1 General Civil Infrastructure Services to be Provided by Contractor ............. 1-4
1.3.2 Mobilization, Site Construction Setup, and Site Preparation Activities........ 1-7
1.3.3 Signage.................................................................................................................... 1-9
1.3.4 Access roads and Turbine Laydown Areas ..................................................... 1-10
1.3.5 Foundations ......................................................................................................... 1-12
1.3.6 Crane Pads ........................................................................................................... 1-13
1.3.7 Turbine Installation............................................................................................. 1-14
1.3.8 FAA Lighting ....................................................................................................... 1-18
1.3.9 Meteorological Towers ....................................................................................... 1-18
1.3.10 Post Construction Site Restoration ................................................................... 1-19
Electrical Services to Be Provided By Contractor ........................................................ 1-20
1.4.1 Turbine Generator Electrical Services .............................................................. 1-20
1.4.2 Collection System ................................................................................................ 1-21
1.4.3 Substation ............................................................................................................. 1-23
1.4.4 SCADA and Communication System .............................................................. 1-28
1.4.5 Wind Turbine Supplier SCADA System.......................................................... 1-30
1.4.6 Card Access Security .......................................................................................... 1-31
1.4.7 Camera Surveillance System ............................................................................. 1-31
Contractor Excluded Items ............................................................................................. 1-31
1.5.1 General.................................................................................................................. 1-31
1.5.2 Civil Infrastructure ............................................................................................. 1-31
1.5.3 Electrical Infrastructure ...................................................................................... 1-31
1.5.4 SCADA and Communications .......................................................................... 1-33
1.5.5 Turbine Installation............................................................................................. 1-33
1.5.6 Substation Installation ........................................................................................ 1-34
1.5.7 Meteorological Towers / Power Curve Testing .............................................. 1-34
Environmental Conditions.............................................................................................. 1-34
Codes and Standards ....................................................................................................... 1-36
1.7.1 General.................................................................................................................. 1-36
1.7.2 Applicable Codes and Standards ...................................................................... 1-36

Lake Winds Energy Park


FINAL

i
FIN

1.8

1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
2.

1.7.3 Electrical Components........................................................................................ 1-39


1.7.4 Concrete Works ................................................................................................... 1-39
Submittals and Documentation...................................................................................... 1-41
1.8.1 General Information ........................................................................................... 1-41
1.8.2 Submittals ............................................................................................................. 1-45
1.8.3 Miscellaneous Submittals................................................................................... 1-53
1.8.4 Submittal Drawing and Data Requirements ................................................... 1-54
1.8.5 Submittal Document Review ............................................................................. 1-56
1.8.6 Operating Manuals ............................................................................................. 1-57
1.8.7 Job Books .............................................................................................................. 1-58
1.8.8 Record Drawings................................................................................................. 1-58
Schedule, Meetings, and Progress Reports................................................................... 1-58
Project Controls ................................................................................................................ 1-61
Request for Information .................................................................................................. 1-62
Health and Safety Plan .................................................................................................... 1-62
Environmental Plan ......................................................................................................... 1-62
Permits ............................................................................................................................... 1-63
Quality Assurance / Quality Control............................................................................. 1-63
Plant Performance Requirements .................................................................................. 1-65

Civil / Structural Design .............................................................................................................. 2-1


2.1
2.2
2.3

2.4

2.5
2.6

General Requirements ....................................................................................................... 2-1


Geotechnical Investigation................................................................................................ 2-1
Design Loads, Load Combinations, and Factors of Safety ........................................... 2-2
2.3.1 Design Loads ......................................................................................................... 2-2
2.3.2 Load Combinations............................................................................................... 2-2
Foundations ........................................................................................................................ 2-3
2.4.1 General.................................................................................................................... 2-3
2.4.2 Wind Turbine Generator Foundation Requirements ....................................... 2-4
2.4.3 Substation Foundations ........................................................................................ 2-4
Concrete ............................................................................................................................... 2-5
2.5.1 General.................................................................................................................... 2-5
Site Requirements............................................................................................................... 2-8
2.6.1 Temporary Facilities ............................................................................................. 2-8
2.6.2 Services for the Owner ......................................................................................... 2-9
2.6.3 Lay Down and Storage ......................................................................................... 2-9
2.6.4 Temporary Construction Utilities ....................................................................... 2-9
2.6.5 Temporary Fences and Gates ............................................................................ 2-10

Lake Winds Energy Park


FINAL

ii
FIN

2.7

2.8

3.

2.6.6 Construction Tools and Equipment ................................................................. 2-10


2.6.7 Signage.................................................................................................................. 2-10
2.6.8 Site Fire Protection .............................................................................................. 2-11
2.6.9 Final Clean up...................................................................................................... 2-11
Site Preparation ................................................................................................................ 2-11
2.7.1 General.................................................................................................................. 2-11
2.7.2 Project Site Survey............................................................................................... 2-12
2.7.3 Project Site Clearing and Grubbing .................................................................. 2-12
2.7.4 Erosion and Sedimentation Control ................................................................. 2-13
2.7.5 Project Site Drainage System ............................................................................. 2-13
2.7.6 Excavation ............................................................................................................ 2-14
2.7.7 Backfilling............................................................................................................. 2-15
2.7.8 Compaction .......................................................................................................... 2-15
2.7.9 Site Grading ......................................................................................................... 2-15
2.7.10 Finish Grading ..................................................................................................... 2-16
Roads and Construction Areas....................................................................................... 2-16
2.8.1 General.................................................................................................................. 2-16
2.8.2 Turbine Trailer Access and Turbine Supplier Requirements ....................... 2-16
2.8.3 Turbine, Meteorological Towers Access and Crane Pads ............................. 2-16
2.8.4 Road Tests ............................................................................................................ 2-17
2.8.5 Road Repairs ........................................................................................................ 2-17
2.8.6 Road Location ...................................................................................................... 2-17
2.8.7 Road Design ......................................................................................................... 2-18
2.8.8 Road Prism Design.............................................................................................. 2-18
2.8.9 Road Drainage ..................................................................................................... 2-19
2.8.10 Surface Drainage ................................................................................................. 2-19
2.8.11 Design of Stream/Wetland Crossing Structures ............................................. 2-19
2.8.12 Road Requirements............................................................................................. 2-20
2.8.13 Maintenance and Protection of Traffic Routes ................................................ 2-20

Collection System ......................................................................................................................... 3-1


3.1
3.2
3.3
3.4
3.5
3.6

General................................................................................................................................. 3-1
Collection System Specific Requirement ........................................................................ 3-2
3.2.1 Project Medium Voltage and Basic Impulse Level ........................................... 3-2
Maintainability ................................................................................................................... 3-2
Turbine Transformer Switchgear and MV Cabling....................................................... 3-2
Fault Indicators ................................................................................................................... 3-3
Collection System Grounding .......................................................................................... 3-3

Lake Winds Energy Park


FINAL

iii
FIN

3.7
3.8

Load Loss Design ............................................................................................................... 3-3


Collection System Equipment .......................................................................................... 3-4
3.8.1 34.5kV Cable .......................................................................................................... 3-4
3.8.2 Collection System Ground Wire ......................................................................... 3-4
3.8.3 Cable Accessories, Terminators, Dead Front, Load Break and/or Dead Break
elbows ..................................................................................................................... 3-4
3.8.4 Turbine Down Tower Switchgear (if required) ................................................ 3-5
3.8.5 FAA Lights ............................................................................................................. 3-5
3.8.6 34.5kV Pad-Mount Switches (if utilized) ........................................................... 3-6
3.8.7 Surge Arresters ...................................................................................................... 3-6
3.8.8 Pole-Mounted Switches (if utilized) ................................................................... 3-7
3.8.9 Junction Boxes ....................................................................................................... 3-7
3.9 Collection System Installation .......................................................................................... 3-8
3.9.1 Trenching ............................................................................................................... 3-8
3.9.2 Trench Backfill ....................................................................................................... 3-9
3.9.3 Cable and Conduit Installation ........................................................................... 3-9
3.9.4 Road, Utility or Oil and Gas Facility Crossings .............................................. 3-10
3.9.5 Cable Tagging ...................................................................................................... 3-11
3.9.6 Cable Splicing and Terminating ....................................................................... 3-11
3.9.7 Junction Boxes/Cabinets ..................................................................................... 3-12
3.10 Collection System Testing ............................................................................................... 3-13
3.10.1 Manufacturers Factory Tests ............................................................................ 3-13
3.10.2 Transformers over 600V ..................................................................................... 3-13
3.10.3 Circuit breakers over 600V................................................................................. 3-13
3.10.4 Down Tower Switchgear (if utilized) ............................................................... 3-13
3.10.5 Switches over 600V ............................................................................................. 3-14
3.10.6 Voltage transformers over 600V ....................................................................... 3-14
3.10.7 Protective relays (including those in the Down Tower Switchgear) ........... 3-14
3.10.8 Grounding ............................................................................................................ 3-15
3.10.9 Field Acceptance Testing and Commissioning ............................................... 3-15
3.10.10 Cable Testing ....................................................................................................... 3-15
4.

Substation ...................................................................................................................................... 4-1


4.1
4.2

General................................................................................................................................. 4-1
Design Requirements......................................................................................................... 4-1
4.2.1 Codes and Standards ............................................................................................ 4-1
4.2.2 Arrangement .......................................................................................................... 4-2
4.2.3 System Voltage ...................................................................................................... 4-2

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4.3

4.4

4.5

4.6

4.7
4.8

4.2.4 Electrical Clearances ............................................................................................. 4-2


Equipment and Materials.................................................................................................. 4-2
4.3.1 Bus Conductors and Fittings ............................................................................... 4-2
4.3.2 Main Power Transformer(s) ................................................................................ 4-3
4.3.3 HV Circuit Breakers .............................................................................................. 4-3
4.3.4 HV Disconnect Switches ...................................................................................... 4-3
4.3.5 High Voltage (HV) and Medium Voltage (MV) Surge Arrestors .................. 4-3
4.3.6 MV Circuit Breaker ............................................................................................... 4-3
4.3.7 MV Disconnect Switches ...................................................................................... 4-3
4.3.8 Instrument Transformers ..................................................................................... 4-4
4.3.9 Switchboards ......................................................................................................... 4-5
4.3.10 Metering ................................................................................................................. 4-5
4.3.11 Reactive Power Compensation and MV Capacitors Banks (If Needed) ....... 4-5
Auxiliary Power ................................................................................................................. 4-5
4.4.1 DC and AC Systems.............................................................................................. 4-6
4.4.2 Station Batteries and Charger .............................................................................. 4-6
Grounding, Lightning, Lighting, Security, and Operation .......................................... 4-7
4.5.1 Grounding .............................................................................................................. 4-7
4.5.2 Lightning Protection ............................................................................................. 4-8
4.5.3 Lighting .................................................................................................................. 4-8
4.5.4 Security ................................................................................................................... 4-9
4.5.5 Operating and Maintenance ................................................................................ 4-9
Substation Civil/Structural Design Criteria.................................................................... 4-9
4.6.1 General.................................................................................................................... 4-9
4.6.2 Structures................................................................................................................ 4-9
4.6.3 Foundations ......................................................................................................... 4-10
4.6.4 Fencing.................................................................................................................. 4-10
4.6.5 Raceway................................................................................................................ 4-10
4.6.6 Underground Cable ............................................................................................ 4-10
4.6.7 Drainage ............................................................................................................... 4-11
4.6.8 Substation Vehicle Access (outside substation fence) .................................... 4-11
4.6.9 Restoration and Landscaping ............................................................................ 4-11
Substation Control Building ........................................................................................... 4-12
4.7.1 Design and Construction ................................................................................... 4-12
Substation Protection and Control................................................................................. 4-13
4.8.1 General.................................................................................................................. 4-13
4.8.2 HV/MV Main Power Transformer Protection................................................. 4-14
4.8.3 MV Bus Protection .............................................................................................. 4-14

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4.8.4 MV Switchgear Protection ................................................................................. 4-14


4.8.5 MV Collector Circuit Protection........................................................................ 4-14
4.8.6 MV Capacitor Protection.................................................................................... 4-15
4.8.7 Capacitor Bank Control ...................................................................................... 4-15
4.8.8 Interconnection Protection ................................................................................. 4-16
4.8.9 Wiring ................................................................................................................... 4-16
4.8.10 Control Panels...................................................................................................... 4-17
4.8.11 Relays .................................................................................................................... 4-17
4.8.12 Communications ................................................................................................. 4-17
4.8.13 Telemetry, Disturbance Monitoring and Substation SCADA System ......... 4-19
4.9 Substation Bus, Switch and Equipment Nomenclature System ................................ 4-23
4.10 Drawing and Drafting Standards .................................................................................. 4-23
4.11 Testing................................................................................................................................ 4-25
4.11.1 General.................................................................................................................. 4-25
4.11.2 General Testing and Commissioning ............................................................... 4-25
4.11.3 Transformers over 600V ..................................................................................... 4-26
4.11.4 Circuit breakers over 600V .............................................................................. 4-26
4.11.5 Switches over 600V .......................................................................................... 4-26
4.11.6 Station bus systems ............................................................................................. 4-26
4.11.7 Voltage transformers over 600V ....................................................................... 4-27
4.11.8 Protective relays .................................................................................................. 4-27
4.11.9 Station control wiring ......................................................................................... 4-27
4.11.10 Grounding ............................................................................................................ 4-27
4.11.11 Maintenance and Testing ................................................................................... 4-27
5.

SCADA and Communications .................................................................................................... 5-1


5.1

5.2

General................................................................................................................................. 5-1
5.1.1 Contractor Scope of Work .................................................................................... 5-1
5.1.2 General Design Philosophy ................................................................................. 5-1
5.1.3 System Layout ....................................................................................................... 5-1
5.1.4 SCADA Integration ............................................................................................... 5-2
Substation SCADA System Scope .................................................................................... 5-2
5.2.1 Substation Communication System Design ...................................................... 5-2
5.2.2 SCADA Points Lists .............................................................................................. 5-2
5.2.3 Substation Device Configuration ........................................................................ 5-3
5.2.4 Material Specification ........................................................................................... 5-3
5.2.5 Procurement, Installation and Implementation ................................................ 5-3
5.2.6 Commissioning...................................................................................................... 5-3

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5.3

5.4

5.5

6.

Fiber Optic Network Design............................................................................................. 5-4


5.3.1 Design Requirements............................................................................................ 5-4
5.3.2 Fiber Optic Network Drawings........................................................................... 5-4
5.3.3 Fiber Optic Splice and Distribution Panel Details ............................................ 5-4
Fiber Optic Installation ...................................................................................................... 5-4
5.4.1 General Installation ............................................................................................... 5-4
5.4.2 Fiber Terminations ................................................................................................ 5-5
Telephone and Telecommunications System ................................................................. 5-5
5.5.1 Communications Requirements.......................................................................... 5-5
5.5.2 SCADA Interface ................................................................................................... 5-6

O&M Building ............................................................................................................................... 6-1

List of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K

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Owner Substation Standards


Consumers Energy Electric Distribution Engineering Drawing Standards
Electrical Switchboards
Metering Requirements
Relay Requirements
Underground Collection Cable Specification
Construction Aids
Card Access System
Electrical Loss Information
O&M Building Specification
MCRC Specifications

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Section 1
General
1.1

Scope of Work Overview

This Scope of Work includes engineering, procurement, civil and electrical infrastructure
construction, wind turbine generator (Turbine) erection and mechanical completion, installation
of Owner Supplied Equipment, and related work to support the installation of 56 Turbines at
the Lake Winds Energy Park (Project), located in Mason, County, Michigan, as shown on the
Project Site layout attached as Exhibit A-2. The civil infrastructure includes site access roads,
foundations, crane paths and pads as necessary, two permanent meteorological towers, two
additional optional meteorological towers (if option is selected by the Owner as hereinafter
provided), and an optional Operations and Maintenance (O&M) Building (if option is selected
by the Owner as hereinafter provided). The electrical infrastructure includes a Collection
System Substation with Owner-supplied main transformer, an underground Collection System,
in-Tower wiring, and a communications/SCADA system. Additionally, the Work consists of
Turbine erection and Mechanical Completion, installation of Owner-furnished equipment and
testing and inspections as required under the terms of the Agreement. The Project will
interconnect through Consumers Energy Companys 138 kV High Voltage Distribution (HVD)
system under the interconnection requirements provided in Exhibit D.
The scope set forth below describes specific Work that must be accomplished, but does not
remove the Contractors obligation to perform any and all Work, other than supply of the
Owner-Supplied Equipment, necessary to provide a fully functional wind facility properly
connected to and fully operable and compatible with the Owners HVD system. A Division of
Responsibility matrix for the Work is included in Exhibit A-1 (it being understood that such
Division of Responsibility matrix is intended for reference purposes and in the event of any
inconsistency between it and the body of this Exhibit A, the body of this Exhibit A will prevail).

1.2

General Services

The Contractors General Services Scope of Work shall include all of the following items (other
than Turbine components, Collection System Substation transformer, and other excluded items
specifically identified in this Scope of Work).

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1.2.1

Engineering, Procurement and Construction Management

A.

Prepare a detailed execution plan for the Project. The execution plan will include
details for receipt and transport of material and equipment to their designated
sites, including a detailed list of equipment, duration and quantity of each, to
support schedule and anticipated sequence of site operation. The schedule will
represent the intended workplan and be updated periodically to reflect actual
Work progress.

B.

Perform the procurement, engineering and design for the Balance of Plant (BOP).

C.

Perform a complete geotechnical investigation, including field investigation,


laboratory analyses, and reporting for all aspects of the Project necessary to
determine the adequacy of the soils for construction means and methods. The
geotechnical investigation shall at a minimum include evaluation of each Turbine
location, Contractor Responsible Roads, Route Improvements, laydown areas,
O&M building location (if option selected), meteorological tower locations, and
the Collection System Substation location.

D.

Provide civil and electrical engineering to support the design and construction of
the Project by professional engineers licensed in the State of Michigan. Design
and certified engineering services will be conducted for Contractor Responsible
Roads, Route Improvements, crane paths, crane pads, crane lifts, laydown areas,
foundations, collection systems, Substation, Substation SCADA system,
meteorological towers, O&M Building (if option selected), and any other aspects
of the Work, and includes testing needed to complete the design, such as
geotechnical and/or geophysical testing.

E.

Perform all studies as necessary for the design, including but not limited to:
Load Flow Study, Short Circuit Analysis, Harmonics Analysis, Temporary
Overvoltage (TOV) and Insulation Coordination Studies, Grounding Studies, Arc
Flash Assessment, Protection and Coordination Studies, SCADA,
Communication, and Control Interaction Studies, Voltage Ride Through studies.

F.

Prepare all BOP installation drawings and instructions (including all of the
documentation required to interface the BOP with the Turbines), tests
procedures and other materials and information required to install, test, startup
and commission the BOP.

G.

Participate in design review meeting(s) with Owner to review design,


understand requirements, identify constructability issues, and identify areas of
the design that do not seem complete or are unclear. After such design
meeting(s), Contractor will verify that design is complete and Contractor has no
issues with constructing the design, or will notify Owner of further design or
clarification that is required.

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H.

Assist Owner in obtaining Owner Permits (as included in Exhibit C) relating to


the construction, ownership and operation of the Project.

I.

Timely obtain all Contractor Permits as included in Exhibit C.

J.

Prepare crane travel routes to support Turbine installation sequencing. Crane


paths shall only pass across properties for which Owner has Easements, as
included in Exhibit A-4. Crane paths to follow Access Roads and Collection
System Circuit routes when possible.

K.

Perform all work required for Route Improvements. With respect to Route
Improvements for public roads within the Project Site Boundaries as shown on
Exhibit A-3, any costs needed to meet any requirements agreed to between the
Owner and the Mason County Road Commission (MCRC) that are above and
beyond the specifications set forth in this Agreement will be paid for by the
Owner under the Change Order provisions set forth in the Agreement..

L.

Perform quality assurance testing and quality control monitoring in accordance


with the QA/QC Program.

M.

Validate that materials incorporated into the Work are of good quality and
comply with Turbine Supplier requirements, Owner requirements, and plans
and specifications, as required.

N.

Provide procurement services to support the construction for


the civil infrastructure, electrical infrastructure, Turbine Foundations,
meteorological towers, O&M building (if option selected), Collection System
Circuits, Collection System Substation, and all other aspects of the Work.

O.

Ensure that all elements of the Work are performed properly with regard to
quality, cost, schedule, and safety, devoting attention, skills, and expertise as
necessary to perform the Work in accordance with applicable codes, standards,
plans and specifications. Contractor and its subcontractors will be solely
responsible for the means, methods, techniques, sequences, and procedures
employed for the provisions of the Work. Work will be performed to the level of
detail and quality dictated by the engineer in responsible charge of the Work.

P.

Provide full-time on-site Environmental, Health, and Safety (EHS) Manager to


manage the day-to-day EHS program.

Q.

In accordance with Owner requirements, conduct daily safety meetings to


identify and mitigate potential work hazards prior to beginning work. Conduct
weekly all-hands safety meetings and produce meeting notes to be transmitted to
Owner for review.

R.

Conduct Environment, Health, and Safety orientation for any new personnel
prior to their being released to work on the Project Site.

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1.3

S.

Report all safety incidents including near misses, minor injuries, and MIOSHA
recordable injuries in accordance with Owner requirements.

T.

Provide as-built and/or completion documentation for each component and


system of the project, as applicable.

U.

Provide security for the project for all hours during which construction is not
taking place.

V.

Interface with local utility and pipeline companies, as required, to facilitate


crossings and interconnection. Contractor has identified and included the cost of
crossing two (2) natural gas transmission pipelines in addition to distribution
utilities.

W.

Endeavor to minimize impact to landowners property and/or public rights of


way in the Project during completion of the Work.

Civil Infrastructure Services

The Contractors Civil Infrastructure Scope of Work shall include all of the following items
(other than Owner Supplied Equipment and other excluded items identified in this Scope of
Work).

1.3.1

General Civil Infrastructure Services to be Provided by Contractor

A.

Prepare a video of the transportation route for the Project before mobilization,
after demobilization of the first fall construction season, and after demobilization
from the Project Site. This documentation will be part of the basis for any public
road repairs needed following completion of the Work.

B.

Perform tree removal, clearing, grubbing and grading, compacting, and


maintenance, as required in cleared areas. Contractor shall minimize the
disturbed area.

C.

Provide construction surveying, marking and laying-out of Contractor


Responsible Roads, Route Improvements, Collection System Circuits, crane
paths, Turbine locations, Collection System Substation location, laydown areas,
and other locations necessary for the Work.

D.

Provide and maintain storm water control features and erosion and sediment
control per the Storm Water Pollution Prevention Plan (SWPPP).

E.

Provide and maintain a system of temporary lighting for use in the laydown
yard and general construction areas where required.

F.

Provide for supply of water and distribution of all construction water on site.

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G.

Furnish portable toilets for use of all site construction personnel (including
Owner and Owner Contractors) and provide for disposal and comply with all
applicable regulations.

H.

Provide all facilities required by Turbine Supplier as set forth in Exhibit B-1
(Vestas Exhibit M.5).

I.

Contractor is responsible for all trash collection and pickup associated with its
Work including obtaining any required permits.

J.

Dumpsters and trash receptacles shall be provided in sufficient quantities and


with sufficient volume to support timely trash removal from the site and
preclude windblown trash generated during construction activities.

K.

Dumpsters and trash receptacles shall be emptied at a reasonable frequency to


prevent overflowing and accumulation of trash around the dumpster.

L.

Provide construction electrical supplies and all construction power required to


perform the Work including generators, transformers, breakers, disconnects,
cables, etc.

M.

Install gates at all fences where necessary. Contractor is responsible for fence
removal and restoration where necessary. Fence removal shall be conducted in
an orderly fashion, maintaining fence integrity of the un-removed portion.
Fences shall not be cut and dropped.

N.

If applicable, work with the pipeline and utility companies within the Project Site
Boundaries during the installation of the Work. Pipeline and utility crossings
shall be constructed in accordance with the requirements of the applicable
pipeline or utility. Contractor has identified and included the cost of crossing
two (2) natural gas transmission pipelines in addition to distribution utility lines.

O.

Some overhead and underground utility lines exist on the Project SiteProject Site
that traverse the intended public road, access road, collection system, and crane
walk paths. These lines will be relocated, dropped, or crossed as needed and as
appropriate by Contractor and with prior approval and coordination with the
appropriate utility. Upon completion of the task that required the relocation or
dropping of the utility lines, Contractor shall return utility lines to their previous
location and condition, or such condition as agreed to with the utility.

P.

If Contractor proposes to install batch plant, Contractor shall be responsible for


installation, labor and materials for on-site batch plant operation, permitting,
contracting, compliance, operation, and removal at project completion.

Q.

After trenching through Land Owner fields, the Contractor shall be responsible
for the repairs of any tile damaged by the trenching process. The Contract Price
does not include, and the Owner will pay at the unit price in Exhibit K, for drain

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tile repairs caused as a result of Collection System Circuit installation, provided,


that the Contractor shall cooperate with the Owner to minimize all such drain
tile damage. The Contract Price does include all costs necessary for any drain tile
repairs caused by Turbine Foundation construction, access road installation, or
any portion of the Work other than Collection System Circuit installation. All
drain tile repairs shall be photographed and the location of the repair shall be
determined with GPS and included in the as-built drawings.
R.

Contractor shall inspect the public road portions of Contractor Responsible


Roads and appurtenant structures (culverts, manholes and other drainage
features, guardrails, bridges, utilities, and signage) within the Project Site
Boundaries prior to commencement of construction of the Project to determine
whether the Contractor Responsible Roads (taking into account road surface,
base, sub-base, and shoulder) and the appurtenant structures are in a condition
sufficient to support the Work, including documentation that the Contractor
Responsible Roads and appurtenant structures meet the Turbine Supplier
transportation requirements as included in Exhibit B-1. The results of such
inspections shall be set forth in a written report certified by a licensed engineer
(Pre-Construction Inspection Report) and submitted to the Owner, it being
expressly understood that the Owner may also provide this report to the MCRC.
The Pre-Construction Inspection Report shall also include the pre-construction
video as included in Section 1.3.1(A). Without limiting the foregoing, Contractor
shall verify overhead vertical clearance for delivering equipment and turning
radius for Turbine blades and Tower components, and supply the results of the
verification to the Owner.

S.

If the Pre-Construction Inspection Report identifies deficiencies or inadequacies


in the Contractor Responsible Roads and/or appurtenant structures relative to
the Work, the Contractor shall undertake construction to reinforce and improve
the public roads and/or appurtenant structures as necessary to facilitate the
Work. Any reinforcement or improvements to the public roads and/or
appurtenant structures shall be done in accordance with MCRC requirements
and shall be approved by MCRC.

T.

Following any reinforcement or improvements of Contractor Responsible Roads


or appurtenances, Contractor shall update the Pre-Construction Inspection
Report and the photo/video record.

U.

Contractor shall prepare and adhere to the Transportation Plan for


transportation within the Project Site Boundaries based on Turbine Supplier
requirements included in Exhibit B-1, Exhibit A-3, and the results of the PreConstruction Inspection Report.

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V.

MCRC will perform such maintenance and repairs of public roads and
appurtenances in the Project Site caused by and performed on an ongoing basis
during the Work if, as and to the extent so arranged and agreed to between
MCRC and the Owner. Contractor shall on an ongoing basis during the course
of the Work perform maintenance and repairs of public roads and appurtenances
in the Project Site caused by the Work and not performed by MCRC. The costs of
such maintenance and repairs to public roads and appurtenances performed by
Contractor, in excess of an allowance of
(that is already included in the
Contract Price) as computed at the rates and charges set forth in Exhibit K, will
be paid for by the Owner at the rates and charges set forth in Exhibit K pursuant
to a Change Order provided that such maintenance and repairs both within and
in excess of
is not caused by Contractors failure to perform the
applicable Route Improvements in the proper manner required by this
Agreement.

W.

Following completion of construction of the Project, Contractor shall prepare a


post-construction inspection of the public road portions of Contractor
Responsible Roads and appurtenances, taking into account the pre-existing
conditions, road surface, base, sub-base, and shoulder materials, and
appurtenant structures, to identify any damage as compared to the PreConstruction Inspection Report. The results of such inspections shall be set forth
in a written report certified by a licensed engineer (Post-Construction
Inspection Report) and submitted to the Owner, it being expressly understood
that the Owner may also provide this report to the MCRC. The PostConstruction Inspection Report shall also include the post-construction video as
included in Section 1.3.1(A).

X.

Following completion of construction of the Project, Contractor shall repair any


damage to the public roads and appurtenant structures caused by the Work
during construction of the Project. The repair activities shall restore the public
roads and appurtenant structures to at least the condition that existed prior to
commencement of construction of the Project as documented in the PreConstruction Inspection Report. Any repair or restoration of the public roads
and/or appurtenant structures shall be done in accordance with MCRC
requirements and shall be approved by MCRC. Contractor shall not be
responsible for the repair of damage to public roads and appurtenant structures
that is shown to be caused by normal wear and tear.

1.3.2

Mobilization, Site Construction Setup, and Site Preparation Activities

Contractors responsibilities for mobilization, site construction setup, and site


preparation activities include the following:
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A.

Construct one main lay down area with space for Contractors trailers and up to
two (2) field trailers for Owner. In addition, the main lay down area shall
include space for the following Turbine Suppliers facilities: 1.) one (1) 60 foot x
40 foot trailer, 2.) five (5) 40 foot x 8 foot containers for lifting and rigging tools
and spare parts, 3.) one (1) 40 foot Commissioning container (for Turbine
Supplier), 4.) one (1) 20 foot SCADA container and, 5.) one (1) 20 foot hazardous
product container. Trailers (including both the Contractors own trailers and
Turbine Suppliers trailers) shall be equipped by Contractor with electrical
service, Internet, telephone and parking. Contractor to provide maintenance of
office laydown area as required. The electric service hookup provided by
Contractor for Turbine Suppliers trailer shall be a single phase 220 V electric
service.

B.

Contractor to provide all labor, materials, and equipment necessary to start


construction activities.

C.

Each trailer to be installed for Owner will include an office large enough for four
people, with four (4) desks and four (4) chairs, and all service connections.
Contractor shall provide electric service and a minimum of a four (4) line phone
system up to the wall jacks and high speed Internet infrastructure wiring up to
the wall jacks. The infrastructure shall be sufficient to allow expansion of up to
two other Owner trailers if needed.

D.

Turbine Supplier will provide its own trailer. In addition to the other facilities
mentioned above, Contractor is responsible for providing two Plain Old
Telephone Service (POTS) lines to the Turbine Suppliers trailer. Turbine
Supplier shall order its T1 internet service, but the Contractor shall ensure the
copper/fiber wiring necessary for this service has been trenched and terminated
at the site by no later than 20 Business Days prior to the delivery of the Turbine
Supplier trailer to the Project Site (20 Business Days prior to the first Turbine
delivery). In the event that local telecom facilities do not allow for timely
provisioning of a hard line T1 circuit to the Project Site, Contractor will provide
an alternate communication circuit suitable providing T1 equivalent
performance, e.g., satellite Internet service. To the extent not already mentioned,
Contractor shall supply all facilities as in required by Turbine Supplier as set
forth in Exhibit B-1 (Vestas Exhibit M.5).

E.

Coordinate with local utilities and procure water, sewer, electric power, phone
service, Internet service (T-1 or better), and trailer installation. Coordinate with
Owner to assist in establishing these services. Contractor shall be responsible for
connecting all communications (phone and T-1) to the site. All payments for
these services will be the responsibility of the Contractor.

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F.

Provide parking for approximately 25 vehicles for use by Owner and Owner
Contractors. In addition, Contractor shall provide space in the area of Turbine
Supplier's office trailer for parking of 5 vehicles.

G.

Contractor is responsible for the design, permitting (if required) and construction
of any temporary fuel containment facilities required to support any ongoing
construction operations for the Work. These facilities shall be removed at project
completion. Fuel and hazardous material storage shall be located at least 200 ft
from any occupied structure or trailer. Fuel and hazardous material storage
areas shall comply with all applicable codes and standards.

1.3.3

Signage

A.

Provide signage as necessary to provide reasonable information and direction to


site personnel. In general site roads shall be marked clearly enough to allow
orderly entrance and egress from the project. Road signs shall be placed at major
intersections indicating Turbine sites accessible from access roads.

B.

Road signs shall clearly identify exit routes. Signs should be legible and of
sufficient durability to last the duration of construction activities. If required,
Contractor shall obtain permits or permission from state, county, and township
authorities for the placement of signs in public right of ways (ROWs).

C.

Contractor is responsible for any temporary signage requirements associated


with any DOT, Mason County Road Commission Supervisor requirements, or
county road agreements. Contractor shall coordinate with appropriate
authorities for installation of signs within public ROWs.

D.

Site entry signage shall indicate project name, Owner, Contractor,


Subcontractors, Turbine Supplier, as well as site rules and entry requirements.
Signage shall be approved by the Owner prior to fabrication. Signage will be
placed at the main laydown yard area.

E.

Construction vehicle speed limit signs (30 mph for Public Roads and 15 mph on
Access Roads or as required by Laws) shall be provided at approximate 2 mile
intervals along site roadways, or more frequently as required as agreed to by
Owner and Contractor.

F.

No Trespassing signs shall be provided at site access road entry points.

G.

Each Turbine Tower shall be identified. Sign shall be self adhesive, weather
resistant, nighttime reflective and consist of 3 inch black letters, oriented to be
visible as approached from the access road.

H.

Identify and mark assembly locations for use during emergencies or site
evacuations.

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I.

Provide other signs for overhead power lines, blind corners, dips, and other
hazards.

J.

Erect and maintain such danger signs, signals, lights, guards and notices as may
be necessary to adequately protect Contractors work and all site personnel
against injury or property damage.

K.

Provide warning signs as required per National Electric Code.

L.

Contractor shall provide and install E-911 address signs in accordance with local
authority requirements.

1.3.4

Access Roads and Turbine Laydown Areas

A.

Design, survey, procure, and construct all civil infrastructure required to


complete the Work including but not limited to all required materials, access
roads, Contractor Responsible Roads, Route Improvements, and Turbine
laydown/assembly areas as set forth in Exhibits A-2 and A-3 and in accordance
with Section 2 and Exhibit B-1.

B.

Strip and stockpile existing topsoil from the civil infrastructure areas. Clear and
grub as necessary to perform the Work. Where topsoil is required to be removed
as part of the Work, topsoil shall be stripped and stockpiled or windrowed for
restoration activities. Topsoil must remain on the property of the landowner
from whom the topsoil is stripped.

C.

Design, prepare, procure materials, and construct crane travel routes to support
Turbine installation sequencing.

D.

Maintain Contractor Responsible Roads and Route Improvements within the


Project Site Boundaries during construction to ensure maintenance of designed
attributes and functionality. Restore all access roads to the specifications set
forth in Section 2 as a condition to achieving Final Completion

E.

Ensure there are no obstructions in access road turns so as to allow for


unobstructed delivery of Turbine components in accordance with Exhibit B-1.

F.

Snow shall be removed from access roads as required to enable the work to be
performed.

G.

Design and construct access roads, Turbine laydown, crane pad, storage, staging,
and construction areas at each Turbine location in accordance with Turbine
Supplier requirements in Exhibit B-1. Perform tree removal, clearing, grubbing
and grading, compacting, and maintenance necessary for these areas. Access
roads, Turbine laydown, crane pad, storage, staging, and construction areas shall
be constructed such that Turbine delivery vehicles can drive in these areas for

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offloading in all weather conditions. The Contract Price assumes that access road
construction will include ten (10) inches of aggregate on geotextile. (to be
restored and maintained to this level during the course of the Work and at
completion of construction to account for wear during performance of the Work).
However, the Contractor shall utilize more or less material (and perform
associated additional or reduced Work) as needed to meet actual conditions,
responsibility for additional or reduced costs of furnishing and installing such
additional or reduced material (and performing the associated additional or
reduced Work) to be as set forth in Section 10.3 of the Agreement. Two (2)
additional inches of stone material will be added to the roads for final grading
and dress up after completion of construction.
H.

Provide survey support necessary for the Civil Works, including any specific
survey requirements to meet engineering specifications, reasonably locatable
utility marking, QA/QC of road construction or other civil specific requirements.
Results of these surveys shall be incorporated into Final As-builts and Job Books.

I.

Coordinate with Turbine Supplier to mitigate congestion within the Project Site,
and provide directions to all such heavy load transportation vehicles to the
specific Job Sites in a reasonably timely manner.

J.

Provide necessary items to preclude excessive erosion and degradation of site


roads due to water runoff, all as outlined in the SWPPP and on design drawings.
Contractor shall monitor site conditions during construction and identify areas of
extreme runoff and erosion and shall install appropriate control measures. All
work related to erosion and sedimentation control will be in accordance with the
SWPPP.

K.

Contractor is responsible for dust abatement. A palliative (such as calcium


chloride) shall be applied on road surfaces adjacent to occupied structures for a
distance of not less than 1/4th mile in each direction. Water may be used for dust
control in all other areas. Dust control will be provided throughout the duration
of the work as required by applicable law, including the permits. Dust
abatement on public roads shall be coordinated and shall not occur without
approval of by MCRC.

L.

Contractor shall install temporary intersection improvements as necessary for the


Turbine Supplier to deliver turbine components using the routes identified on
the Transportation Plan included in Exhibit A-3. Temporary intersection
improvements shall be constructed in accordance with MCRC and MDOT
permits and specifications as included in Appendix K of this Exhibit A.
Following completion of Turbine deliveries, temporary intersection
improvements shall be removed and the area restored to original conditions.

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M.

Engineer, procure, and construct the Operation and Maintenance Building


(O&M) building (if option selected).

1.3.5

Turbine Foundations

A.

Procure all materials and install fifty six (56) Turbine Foundations, conduit stubouts, and grounding according to design specifications and applicable standards
at the locations specified in Exhibit A-5. Contractor will be responsible for
procurement of all labor, material and equipment necessary to construct the
Turbine Foundations.

B.

Design and construct Turbine Foundations in accordance with Sections 2 and


Exhibit B-1. Contract Price assumes two (2) differing Turbine Foundation types;
45 each standard (nominal 515 cubic yards of concrete and 47 tons of reinforcing
steel) and 11 each buoyant (nominal 600 cubic yards of concrete and 57 tons of
reinforcing steel). However, the Contractor shall utilize whatever Turbine
Foundation design(s) is needed to meet actual conditions at each Job Site. The
responsibility for additional or reduced costs of furnishing and installing the
appropriate Turbine Foundation types to the extent of any deviation from the
above assumptions is necessary will be determined as set forth in Section 10.3 of
the Agreement.

C.

Turbine Foundation works shall include clearing, excavating, compacting and


placing mud mat or tremie seal as needed to prepare the foundation site.
Suitable materials excavated from the Turbine Foundations may be used as fill
material to balance the Project Site fills. Permanent removal and hauling off of
unsuitable soils off of site not included in Contractor Scope. Suitable materials
must meet the requirements specified for Sound Earth as defined in section 205
of the MDOT 2003 Standard Specification for Construction. Excess excavated
materials from the Turbine Foundation excavation will be utilized to re-contour
the area around the Turbine. All material will remain in the vicinity of the
Turbine.

D.

Provide Turbine Foundation Templates. Contractor is responsible for fabrication


and supply of Turbine Foundation bolt templates as specified by Turbine
Supplier in Exhibit B-1. Contractor shall provide a sufficient quantity of
templates to satisfy foundation installation schedule. Turbine Foundation
templates and embedments will be provided by Contractor and are to be used
for purposes of foundation bolt alignment.

E.

Provide and install all Tower anchor bolts, nuts, washers, shims, and any other
items necessary for the installation of the Tower base on the foundation.

F.

Level Turbine Foundation

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G.

Provide concrete mix design to Owner for review within thirty (30) days
following NTP or LNTP (if there is an LNTP). Any deviation from the design as
approved by the Structural Engineer of Record must be authorized prior to use.

H.

Provide third party, independent testing for certification of integrity of Turbine


Foundation sub-base, compaction of Turbine Foundation sub-base, mud-mat
strength, concrete and grout strength, and compaction of backfill around
Turbines. Concrete test cylinders shall be taken as a minimum in sufficient
quantities to allow testing at 3 days, 7 days, and 28 days, or in accordance with
design approved by Structural Engineer of Record, plus one additional cylinder
to be retained by Contractor for Owners testing. Contractor will apply the
application of data loggers in addition to the cylinder testing. Additional
cylinders shall be taken in sufficient quantities for acceleration or delayed testing
if required. Copies of test reports (in electronic format) are to be provided to
Owner for review. Grout break results need to be provided for Owners timely
review prior to anchor bolt tensioning and remainder of Turbine erection. Copies
of all test reports shall be included in the Job Books.

I.

Install Turbine Foundation earthing kit.

J.

Install Turbine grounding grid and provide strap and hardware in Tower base.

K.

Supply and install all electrical and fiber conduits, grounding cables and
connectors, electrical conduits, sweeps and cableways necessary for connection
of the electrical Collection System Circuits, fiber optic network, and grounding
system with the Turbines in accordance with the applicable electrical
specifications and standards.

1.3.6

Crane Pads

A.

Engineer, procure, and construct crane pads, large enough to safely support the
construction crane used to assemble, install, and erect the Turbines. Crane pads
shall be prepared, leveled, compacted, tested and suitable for the crane size and
loads to be used for the Work. The Contract Price assumes that crane pads will
be constructed of eighteen (18) inches of aggregate on geotextile fabric. However,
the Contractor shall utilize whatever crane pad design(s) is needed to meet actual
conditions at each Job Site. The responsibility for additional or reduced costs of
furnishing and installing the appropriate crane pads to the extent of any
deviation from the above assumptions is necessary will be determined as set
forth in Section 10.3 of the Agreement.

B.

Crane pads shall be designed and constructed in accordance with the Turbine
Suppliers requirements included in Exhibit B-1.

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C.

Crane pad installation schedule shall be coordinated to enable Turbine delivery


directly to crane pad.

D.

Provide third party, independent testing for certification of compaction of all


crane pads foundation soil. Copies of test reports (in electronic format) are to be
provided to Owner for review. Copies of all test reports shall be included in the
Job Books.

E.

Removal of crane pad and restoration to like-original conditions following


Turbine commissioning. Owner shall have the option electable by notice to
Contractor on or before Turbine Completion of a particular Turbine to have the
crane pad left in place. Credit for crane pads left in place is set forth in Exhibit K.

1.3.7

Turbine Installation

A.

Develop Crane Management Plan for the Work including the requirements
identified in Appendix G to this Exhibit A. Crane Management Plan shall be
provided to Owner for review and approval. Copies of the Crane Management
Plan shall be included in the Job Books.

B.

Receive, inspect, and unload Turbine components in accordance with Exhibit


B-1.

C.

Perform all assembly of the Turbines including nacelle assembly, cooler


assembly, generator mounting, and all other assembly requirements as described
in Exhibit B-1.

D.

Perform complete Turbine installation, including all components thereof, in


accordance with the Installation Manual included in Exhibit B-1 and as necessary
to achieve Mechanical Completion as defined by the Form of Mechanical
Completion in Exhibit M.

E.

The first Turbine(s) erected shall be erected and utilized as a reference Turbine
to streamline the mechanical completion inspections for remaining Turbines.

F.

Erection of Tower base section.

G.

Place and run down anchor bolt nuts.

H.

Final level adjustment of Tower base section and grouting. Contractor is


responsible for grout testing. Sufficient grout cubes shall be taken to allow for 1
day, 7 day, 28 day and 2 additional cubes for accelerated or delayed testing.
Contractor testing shall meet the requirements of the Foundation Engineer of
Record.

I.

Tensioning of all anchor bolts.

J.

Erection of lower, lower-mid, upper-mid and top Tower sections.

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K.

Supply and install anchor bolt protective caps.

L.

Grease anchor bolts and install anchor bolt protective caps and/or painting of
anchor bolts.

M.

Terminate Tower ground to ground grid strap.

N.

Install switchgear in Tower base.

O.

Terminate MV cables from Turbine generator to switchgear.

P.

Supply MV cable on collection system side of switchgear.

Q.

Supply termination materials for collection system side of Switchgear.

R.

Terminate MV cable from collection system to Switchgear.

S.

Provide Switchgear grounding and connection type.

T.

Calculate protection setting, test and commission Switchgear.

U.

Off-load, handle and install all service lift components into the appropriate
Tower section, in accordance with the service lift installation instructions
included in Exhibit B-1. Contractor shall be responsible for installing and
confirming proper operation of the service lift.

V.

Perform Mechanical Completion activities per Installation Manual included in


Exhibit B-1.

W.

Clean Turbines and respective Towers in preparation for Mechanical Completion


walkdown.

X.

Pack delivery devices and make available for pick-up in a timely manner in
accordance with Exhibit B-1 so as to avoid delay and demurrage charges to
Owner.

Y.

Load Delivery Devices on transport equipment in a timely manner in accordance


with Exhibit B-1 so as to avoid delay and demurrage charges to Owner..

Z.

Pack Special Offloading and Installation Tools in a timely manner in accordance


with Exhibit B-1 so as to avoid delay and demurrage charges to Owner.

AA.

Make Special Offloading and Installation Tools available for pickup by Turbine
Supplier in a timely manner in accordance with Exhibit B-1 so as to avoid delay
and demurrage charges to Owner..

BB.

Conduct arc flash hazard analysis for switchgear in Turbine base prior to
Turbine Mechanical Completion of first Turbine.

CC.

Provide arc flash labeling from switchgear out into Collection System Circuit.

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DD.

Furnish all rigging, hoisting equipment, and associated labor to unload and
install the Turbines and equipment with the exception of the specialized rigging
equipment listed in Exhibit B-1 as specifically provided by the Turbine Supplier.
All rigging shall be inspected daily and load tested in accordance with
MIOSHA/OSHA requirements. Inspection reports shall be retained on site and
available for inspection. Tooling shall be capable of satisfying Turbine Supplier
Installation Requirements and in good working order. Testing certificates and
calibration records shall be retained on site and available for inspection by
Owner.

EE.

Assist Turbine Supplier, as reasonable, in pre-commissioning and commissioning


activities after Mechanical Completion.

FF.

Make reasonable efforts to coordinate Turbine deliveries. All deliveries will be


inspected by Contractor with receiving reports prepared immediately thereon by
the Contractor. Contractor shall not be responsible for any damage caused
during delivery to the Turbine Job Site, provided that Contractor immediately
provides written report of damage to Owner (using Owner provided form) as
long as areas can be reasonably inspected and inventories taken. Contractor
shall be responsible for any damage caused by Contractor or Contractors
Subcontractors during offloading and or after the transfer of care and custody to
Contractor.

GG.

Offload the Turbines, Turbine components, appurtenances, and parts, including


parts shipped loose at each Turbine site. Contractor shall instruct the Turbine
Supplier where to deliver the Turbine components.

HH.

Major Turbine components shall be staged at the Job Site.

II.

Turbine Supplier is responsible for delivery to the Job Site for unloading by the
Contractor.

JJ.

Delivery and unloading of Turbine components shall be scheduled in accordance


with Exhibit B-1 and outlined as follows: Turbine Supplier and Owner shall
have a logistics coordinator on-site during Turbine deliveries. Owner shall
provide 48 hour notice for any delivery. Contractor shall make reasonable effort
to unload Turbine components on the day received. Wind may delay or halt the
unloading of parts according to the Agreement. If this occurs, Contractor shall
assist with the coordination of staging trucks with the Turbine Supplier. The
trucks will then be offloaded when site conditions improve to a condition that
will allow safe work to resume.

KK.

Turbine Supplier shall provide on-site escort to Turbine Job Site and coordinate
location with Contractor. Deliver and unloading periods shall be consistent with
Exhibit B-1. Contractor and Owner shall meet daily to review and agree to a

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schedule of major deliveries for the following day. Contractor shall unload, or
cause to be unloaded, the Turbine components from each delivery truck within
the unloading periods identified in Exhibit B-1. Contractor shall conduct its
operations so as to avoid delay and demurrage charges to the Owner under
Exhibit U to the Turbine Supply Agreement which is part of Exhibit B-1 to this
Agreement.
LL.

The Turbine machine base, gearbox, Tower sections, nacelles, blades, hubs, nose
cones, parts containers and loose parts will be unloaded at their respective Job
Site from the transport trucks. The only equipment that will be unloaded at the
central laydown area will be small incidental items such as nuts, bolts and
washers.

MM.

Contractor shall maintain tarps for components until fully assembled or


otherwise protected as required by the Turbine Supplier documents. .

NN.

Contractor shall grout, and tension the anchor bolts after the Foundation meets
minimum design strength requirements for concrete and grout for the purpose of
tensioning anchor bolts, and utilize the leveling process and grouting procedure
all in accordance with design specification as set forth in Exhibit B-1.

OO.

Technical Field Advisors shall be provided by Turbine Supplier as specified in


the Turbine Supply Agreement.

PP.

Perform touch up painting of Towers. If damage was noted on the receiving


report Contractor may submit a Change Order for this work.

QQ.

Turn gearboxes in accordance with Turbine Supplier documents included as


Exhibit B-1. Contractor shall keep a log of gearbox turning and shall have it
initialed by Owner each Business Day.

RR.

Contractor shall be responsible for installing the electrical works of the Turbines
in accordance with Exhibit B-1 including but not limited to the electrical
completion of the Tower wiring, dropping and terminating the fiber optic cable,
downtower cable splices, terminations in the controllers, and dressing of all
cables..

SS.

Contractor shall inventory and visually inspect all Turbine components


concurrently with Turbine Supplier. Contractor reports shall be completed and
supplied to Owner. Contractor, using forms and checklists provided by the
Turbine Supplier, shall perform a complete inventory concurrently with Turbine
Supplier of all minor components and miscellaneous pieces for the first Turbine
that arrives to site to establish a bench mark for those minor components and
miscellaneous pieces. Contractor shall receive, inventory and inspect all other
Turbines minor components and miscellaneous pieces in the configuration

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which they are shipped to the site, i.e. in bulk. If bulk material packages are
broken upon receipt, contents of packages will be inventoried and shortages will
be reported. If packages are not broken upon receipt, detailed inventory will
occur once Contractor opens the package.
TT.

Provide a one-time pressure washing (using water and biodegradable detergent)


of major Turbine components prior to erection to remove road dust and debris
accumulated during transportation. Contractor shall maintain cleanliness of
Turbine interior during installation of Turbine to ensure a safe environment.
Final Turbine cleanliness will be verified at Mechanical Completion. Contractor
shall use every effort to maintain cleanliness in the erected Turbines and Towers
during construction. Final broom cleaning shall be performed prior to the
Mechanical Completion inspection.

UU.

Torquing and tensioning of all mechanical connections shall be in accordance


with the installation instructions as included in Exhibit B-1.

VV.

Contractor shall install stairs, platforms, platform extensions, lights,


meteorological and support equipment and all Tower and Turbine
appurtenances, as outlined in Exhibit B-1.

WW.

Break down and provide support for Turbine Supplier trucks and trailers.

XX.

Provide Turbine commissioning support to the Turbine Supplier; however, the


Turbine Supplier is responsible for performing Turbine commissioning.

1.3.8

FAA Lighting

A.

Install FAA lighting on Owner-designated nacelles

B.

Supply and install FAA lights (in accordance with the latest FAA circular AC
70/7460-1K), controllers, and associated hardware for two meteorological towers
(and for each additional permanent meteorological tower if option selected as
provided in Section 1.3.9.F).

C.

Installation shall include coordination/synchronization of FAA lights and


controller installation.

1.3.9

Meteorological Towers

A.

Procure and install two (2) 95 meter guy-less meteorological tower at the
locations identified in Exhibit A-7 (to be determined), including FAA lighting,
access roads, communications, and the supply and installation of two sets of
meteorological instruments (at various heights) per tower. Tower shall be 95
meters, free standing lattice construction. Safety climb cables shall be provided.

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B.

Tower locations shall be cleared and grubbed. Access road to meteorological


towers shall be 12 wide graveled access with 4 of rock surface.

C.

A chain link fencing with a barbed wire security rim with a total height of 8- 0
shall be placed around the tower bases allowing a minimum of 8 feet free space
around tower base. Fence shall include a lockable 3 man-gate for personnel
access.

D.

Provide meteorological tower foundation design, materials and installation.


Foundation design shall be certified by a registered professional engineer.

E.

Provide power to meteorological tower from the closest Turbine. Average


expected equipment load is less than 10 amps, 120VAC nominal. Provide and
install a free standing load center panel at the base of the meteorological tower
with provisions for isolation of uptower equipment and a 120 VAC outdoor
service receptacle. Provide Fiber-optic cable and power cable installation and
infrastructure splices, if any, for communications and power between the
meterological tower base and the Turbine base. System shall be provided
complete and capable of energization and operation.

F.

If elected by the Owner by written notice to the Contractor on or before June 1,


2011, Contractor shall perform all necessary Work to provide additional
permanent meteorological tower(s) beyond the two mentioned above, meeting
the same specifications as set forth above. The addition to the Contract Price, if
the Owner elects this option, is set forth in Exhibit F.

1.3.10 Post Construction Site Restoration


At the end of the project, Contractor shall:
A.

Except as otherwise specified, restore Contractor Responsible Roads, Route


Improvements, laydown areas, passing areas, turning radiuses, crane pads, and
crane paths to original grade and surface conditions at the end of the Work. This
work shall include the reclamation of stone from the lay down area(s).
Compacted crane paths and crane pads shall be decompacted.

B.

Perform final grading and dressing of the access roads which shall include a new
aggregate topping as referred to above. Temporary shoulders for access roads
shall be decompacted and reseeded/restored.

C.

Perform one final post construction maintenance round on all local roads in the
project area used by Contractor and remove all turning radii, passing lanes, and
all other temporary road improvements upon the completion of construction.
Public road ROW areas shall be restored to the satisfaction of the MCRC.

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1.4

D.

Grade and reseed (as required) all restored areas. Gravel used in laydown areas
shall be removed and spread on road surfaces, topsoil shall be returned to the
disturbed areas, and the site shall generally be returned the condition it was in
prior to construction.

E.

Redistribute the saved topsoil evenly prior to re-vegetation efforts. Reclaimed


areas shall be reasonably free of wind-rows or gross irregularities that result in
erosion issues. Large rocks unearthed during excavation as part of the Work but
not utilized in the construction of the wind farm shall be removed to a nearby
location agreeable to Owner. In general, commercially reasonable efforts shall be
made to blend disturbed areas into the surrounding natural landscape. Place
topsoil as close as practicable to where it came from at the point of generation

F.

Restore all borrow pits located at the Project Site that are created by Contractor
for Contractors use.

G.

Re-seed all areas not covered by gravel or existing vegetation, except those that
are actively used for agriculture, with native species.

Electrical Services to Be Provided By Contractor

The Contractors Electrical Services Scope of Work shall include all of the following items (other
than Owner-supplied Equipment and other excluded items identified in this Scope of Work).

1.4.1

Turbine Generator Electrical Services

A.

Contractor shall perform all electrical works required for Turbine Mechanical
Completion as presented in Section 1.3.7 and Exhibit B-1.

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1.4.2

Collection System Circuits

A.

Install the Collection System Circuits and grounding grids in accordance with
Section 3.

B.

Contractor shall supply and install underground 34.5 kV cables, copper ground
wire, and fiber optic communications cable in conduit at a minimum depth of
fifty five inches (55) below the ground surface. Measurement shall be from the
ground surface to the highest point of the cable. A warning ribbon will be
installed in the same trench at a depth of three feet and three inches (33) below
ground surface. Contractor shall furnish and install the 34.5 kV underground
aluminum conductor cable collection system with common copper ground wire
in accordance with the design. The fiber optic cable shall be laid in conduit in the
same trench as the power cable allowing enough separation to protect the fiber
optic cable and to enable power cable repairs without damaging the fiber optic
cable.

C.

The Collection System Circuit home runs shall utilize 1,250 MCM cable.

D.

In the event that the underground Collection System Circuit cables intersect a
field drain tile route, the Collection System Circuit cables shall be installed a
minimum of one (1) foot below the drain tile.

E.

Install the 34.5kV Collection System Circuits to the high side of the Turbine
switchgear. Contractor shall install and terminate the fiber-optic cable.

F.

Provide and install cable markers. Minimum label information is to indicate


company name, contact phone number. Exact marker design to be approved by
Owner. Markers shall be placed at road crossing, pipe line crossing, changes of
cable directions, etc. Contractor shall install underground cable warning posts
along the underground collection system routing where ever a fence line is
crossed.

G.

Where a Collection System Circuit crosses roads, or utility facilities the


installation shall be in compliance with local jurisdictions and utility
requirements and notification periods.

H.

The separation between Collection System Circuit cables and other utilities (e.g.,
gas, telephone, cable) shall meet the requirements of the NESC and the
applicable utility.

I.

Preliminary soil thermal resistivity measurements are included in Exhibit A-8.


Final soil thermal resistivity values to be determined by Contractors
Geotechnical Study. Cables will be bedded in native material or thermal backfill,
depending on Contractors design, and trenches backfilled with compacted

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excavated spoil materials. Backfilled soil within 12 of the collection system


cabling must be screened and free of rocks or foreign material that could cause
damage to the installed cable. Disposal of the excess fill will be performed by
means of blending out into adjacent areas, excess material will remain on-site.
J.

Install all terminations in accordance with the instructions and specifications of


the device manufacturer.

K.

Engage a factory-trained manufacturers representative to provide training and


certify workmen prior to installing terminating devices. Only such certified
workmen shall splice or terminate cables.

L.

Provide mandatory training for all personnel conducting cable termination


activities. This training shall be provided by the termination vendor and
documented with type of training, date conducted, trainees and trainers name.

M.

Identify underground splices on As-Built Drawings, identify such locations in


the field by markers, and record and deliver to Owner coordinates for such
locations. Contractor shall also provide GPS coordinates along the entire
underground collection system as part of the As-Built Drawings.

N.

Install all cables such that cables adequately supported to prevent strain on
terminations.

O.

Excavations, borings and conduit installation under existing gas pipelines or


other project features, if required, shall be in accordance with any pipeline
crossing agreements or agency requirements. Contractor has identified and
implemented two natural gas transmission pipeline crossings in addition to
distribution utility lines.

P.

Maintain survey control points for collection system trench right of way.

Q.

Strip and stockpile topsoil for use during re-vegetation.

R.

Supply all necessary rubber goods, cable splice materials and consumables
necessary for all splices. Contractor shall provide labor and materials to perform
installation and terminations (as needed). Locator balls shall be installed at each
splice.

S.

Direct buried splices are acceptable.

T.

Contractor shall provide necessary Junction Boxes in accordance with design


drawings. Junction Boxes shall be installed level and plumb. Junction Boxes shall
have provisions for cable dead weight support. Each Junction Box shall be
clearly marked with appropriate high voltage, bi-lingual signage (English and
Spanish) identifying Junction Box number and circuit number(s). Component
marking shall be 3 inch white block letters on a royal blue background. A list of

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junction boxes is to be produced and identified on the Collection System Circuit


layout drawings. This list shall include NEMA ratings, short circuit ratings and
nominal current ratings of Junction Boxes.
U.

Grounding cable and grounding rods shall be installed in accordance with the
applicable codes and Turbine Supplier requirements.

V.

Cables shall be supported such that they align with lugs and are not allowed to
droop or layover.

W.

Bag and tape all applicable terminations until PD testing.

X.

Thoroughly clean all tee leads prior to testing.

Y.

Each Collection System Circuit shall be tested / commissioned in accordance with


Section 3.10. Contractor shall submit functional test procedures / commissioning
plan procedures to Owner for review and approval prior to the tests. The
following testing shall be required for the collection system and associated work
at a minimum:
1.

Perform grounding grid testing for the Turbine meeting all applicable
codes and Turbine Supplier test requirements.

2.

Perform PD testing on collection system.

3.

Perform testing on other collection system equipment in accordance with


Section 3.10.

1.4.3

Collection System Substation

A.

Engineer, procure and construct one 34.5 / 138 kV substation including all
grading work, crushed rock surfacing, foundations, ground grid, control
building, bus work, bus supports, breakers, switches, station auxiliary
transformer, surge arrestors, lightning protection, instrumentation and relays,
programming, testing, and commissioning in accordance with Section 3. Such
substation shall be at the location identified in Exhibit A-2.

B.

The Collection System Substation shall be an outdoor air-insulated conventional


utility substation similar in configuration, arrangement, equipment type and
operation to the Owners existing bulk power substations.

C.

The Contractor shall procure equipment and services from reputable


manufacturers or subcontractors who have supplied similar equipment and
services for at least 8 years in the United States of America with proven designs,
manufacturing and quality control processes and who are ISO registered,
certified and compliant and accept Owner witness testing. All equipment to be
used in the Collection System Substation shall be subject to review and approval

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by Consumers Energy for compatibility with the existing electric system and
ensure that the Collection System Substation can be operated safely, reliably and
economically by Consumers operations and maintenance personnel.

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D.

Perform substation work including:


1.

Tree and vegetation removal, clearing, grubbing and grading, and


compacting.

2.

Strip and stockpile topsoil for use during re-vegetation.

3.

Clear, grade, and compact the area for the substation foundation.
Substation final grade shall be comprised of 6 inches of 1-1/2-inch or
smaller size washed crushed rock.

4.

Install ground grid fully compliant with IEEE Standards. After


installation, the ground grid shall be tested to ensure it meets the Owners
requirements.

5.

A minimum 6-inch depth of crushed rock surfacing.

6.

Contractor will provide the concrete foundations and oil containment pit
and make all connections and terminations to the power transformer.
The foundation and oil containment shall be of suitable strength to allow
jack and slide installation of the main step transformer described more
fully in Exhibit B-2.

7.

Offload (in a timely manner to avoid demurrage) and install the 34.5-138
kV Collection System Substation transformers . One will be integrated
into the Project and one will be installed but left as a spare, set and bolted
to a concrete foundation. The list of Owner-furnished engineering
drawings and specifications for the Collection System Substation
transformers are in Exhibit B-2. Transformer manufacturer representative
shall be present during the offloading and installation process.

8.

A grating floor along with MIOSHA required handrail, if applicable (on


the substation transformer foundations and oil containment vault) to
provide convenient access to the instruments and control equipment on
the transformer.

9.

All metallic grating shall be grounded by Contractor, and any material to


ground it shall be provided by the Contractor.

10.

Review and verification that equipment vendors (e.g. main substation


transformer) drawings and documentations are appropriate for the
successful interconnections and equipment arrangements.

11.

Inspecting and receiving equipment and materials delivered to the job


site to ensure that the equipment and materials are undamaged and are in
compliance with specifications.

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12.

It should be the responsibility of the contractor to protect the materials


and equipment against damage and theft until the Owner accepts the
project.

13.

All electrical interconnects and tie-ins between the collection system and
the project substation.

14.

Flexible connections for all equipment supplied shall be provided as


required, ensuring continuity of service during thermal expansion or
contraction, vibration and seismic activities.

15.

A chain link perimeter fence with three strand barb wire.

16.

High-voltage and medium-voltage potential transformers.

17.

High-voltage and medium-voltage arrestors.

18.

High-voltage and medium-voltage disconnect switches.

19.

High-voltage and medium-voltage CTs.

20.

High-voltage circuit breaker(s).

21.

34.5 kV main and feeder circuit breakers.

22.

All necessary aluminum buswork and support structures.

23.

Lightning masts and shield wire.

24.

A control building.

25.

Nameplates for each piece of equipment as specified.

26.

Electrical protection equipment including, but not limited to, (i) primary
and back-up line protection, (ii) primary and back-up protection for the
main step-up transformer, and (iii) feeder protection.

27.

AC power supplies and AC distribution panel(s).

28.

DC battery system and charger, and DC distribution panels.

29.

Substation auxiliary power shall be supplied from two (2) sources with an
automatic change over switch to switch from one to the other. One
source shall be via a step down transformer powered from the 34.5kV
substation bus, the other from the local distribution line.

30.

A suitably sized UPS will be supplied and installed such that if there are
any service critical equipment (e.g., routers, SCADA servers, etc.) they
would not power down and up during the auto transfer. If all such
devices are DC powered off the station batteries this UPS is not necessary.

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31.

E.

Collection System Substation shall be tested / commissioned. Contractor shall


submit functional test procedures / commissioning plan procedures to Owner for
review fourteen (14) days prior to the tests and coordinate testing/commissioning
with Owner.

F.

Owner representative will be notified for witness functional and acceptance tests
two weeks prior to test schedule.

G.

Contractor shall, with respect to the Collection System Substation, complete all
Work related to the main transformers, including, but not limited to foundation,
off-loading and placement. Contractors scope does not include assembly,
dressout, and acceptance testing of main transformers.

H.

Contractor shall submit energization plans to Owner for review fourteen (14)
days before energization, and coordinate energization with Owner. Owner must
authorize Contractor to proceed before Contractor proceeds with the
energization.

I.

Provide the Collection System Substation SCADA system to provide control


and/or indication for the Collection System Substation circuit breakers,
disconnect switches, transformers, protection relays, communications
equipment, battery systems, and station service.

J.

Design, procure, install, and test the Collection System Substation SCADA
System as described in Section 1.4.4.

K.

Provide O&M manuals for all Contractor provided Collection System Substation
equipment. O&M manuals for Collection System Substation equipment shall be
provided prior to final commissioning in accordance with the Deliverables List.

L.

Perform equipment acceptance testing utilizing a third-party testing agent.

M.

Provide a fiber optic patch panel in the substation control building for
termination of fiber optic cables to the Turbines and to other equipment as
necessary. The fiber optic cable(s) from the Turbine will be terminated in the
substation control building by Contractor.

N.

The Collection System Substation will be operated and maintained as an integral


part of the Consumers Energy High Voltage Distribution (HVD) system and as
such the substation bus, switch and equipment nomenclature system (and correct
coloring) including for control and relay panels, shall be compatible with the
existing electric system. Contractor shall obtain from Owner all required

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Contractor shall install high side revenue metering for the wind farm at
the substation. Owner will provide a set of metering PT's, CT's and meter
socket for installation by the contractor.

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nomenclature for the substation and attached circuits at an appropriate time


prior to energization.
O.

The Collection System Substation control building will include battery (with
proper ventilation), relay and control panels, and other appurtenants for proper
substation operation, and will include equipment and relays.

P.

Provide lightning masts at the Collection System Substation along with the
shield wire connections.

Q.

Coordinate provision of a provide phone line for the control building. Provide
isolation for the phone line if not provided by the telephone company.

R.

Provide substation lighting meeting the minimum lighting levels for the
appropriate circumstances of indoor, outdoor, and roadway areas given in the
latest editions of NFPA 70 and ANSI C2.

1.4.4

SCADA and Communication System

A.

Coordinate and provide the SCADA system for the Collection System Substation
(Substation SCADA System). The Substation SCADA System is required for
the purpose of providing substation information and control function to
Owner/operator as well as providing information about the wind farm and
Collection System Substation to transmission provider and control area system
operator.

B.

Design, procure, install, program and test all the equipment necessary to
integrate the systems in accordance with Section 4.

C.

The Substation SCADA System shall be designed and installed with


requirements as further described in this scope of work.

D.

Develop and install the configuration files for the Substation SCADA System
devices based on the system design and points lists. Contractor shall coordinate
with Owners System Design and EFL groups for installation and testing of
configuration files.

E.

Provide all the necessary equipment, cables and programming to consolidate


access to the protection equipment for remote interrogation, event report
downloading and consolidation of substation data.

F.

The Collection System Substation control building will contain a data


concentrator and communications processor to collect substation data signals for
facility use. All relays shall have LCD read out on the front.

G.

Develop a Substation SCADA System test plan to be reviewed by Owner and


perform tests to check for proper operation of Substation SCADA System

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including the appropriate collection and distribution of all the data points and
correct functionality of all control (analog and digital). Testing shall be
coordinated with Owner.
H.

The Contractor scope of supply shall include but not be limited to the provision
of all necessary material and installation in accordance and the following:
1.

Furnish and install fiber optic cable interconnecting the Turbines,


meterological towers, and the Collection System Substation. Fiber optic
cable shall be placed in conduit in accordance with Section 3.

2.

Furnish an additional ten meters of cable at each end. All cables shall be
appropriately labeled with a permanently attached label.

3.

Provide all the necessary equipment, cables and programming to


consolidate access to the protection equipment for remote interrogation,
event report downloading and consolidation of project substation data.
Remote interrogation of relays for event report downloading (through
either a data concentrator or the RTU) shall be developed in conjunction
with Owners System Design group to ensure a design consistent with the
Owners existing systems.

4.

Furnish all conduits as required for any fiber optic cable, phone, and/or
communication circuits entry into substation control building including
that associated with connection to the interconnection substation.

5.

Furnish and install fiber optic splice and distribution panels as required.

6.

Furnish and install above ground communications/fiber optic cable


junction boxes as required.

7.

Contractor shall provide and install a fiber optic patch panel in the
Collection System Substation control building to terminate fiber optic
cables to the interconnection point, and to the Turbines as required.

8.

Terminate all fiber optic cable utilized in the collection system and
substation. Perform OTDR tests on all fibers.

9.

Furnish connectors, break-out kits, and other miscellaneous materials


required for terminating. Contractor is to provide fiber patch cables to
connect from patch panel to Substation SCADA System equipment.

10.

Label each fiber with a permanent label attached to/near cable describing
the purpose of each pair.

11.

Furnish and install wind farm communications network including above


ground communications cable junction boxes and all associated
terminations such that the fiber runs are continuous from point to point

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(e.g., Turbine to Turbine, Turbine to Collection System Substation,


Turbine to meteorological towers).
12.

Provide a reliable cost effective fully functional system.

13.

Furnish and install an appropriate DC supply for all the SCADA and
communications devices such that a temporary loss of AC power does
not power down the SCADA or communications equipment.

14.

If the SCADA and communications equipment used is not DC powered


an appropriately sized secure UPS system shall be supplied to power
these devices on their own AC circuit.

15.

Procure and install all necessary cables to provide information from the
Collection System Substation equipment to the Turbine Supplier SCADA
System including fiber optic cable.

16.

Prepare an acceptance testing procedure and submit for review.

17.

Include any devices necessary for the Substation SCADA System to


communicate with a Windows based system.

18.

Ensure that all the communications paths (including dial up meter


reading lines, any 4 wire analog circuits, or digital circuits) between the
project and the Owner are in place in time to commission the Project.

19.

Contractor, in working with the local telephone company, shall provide


Telco phone/communications protection board (typically plywood) to be
mounted on the side of a suitable control house wall. Board
design/layout shall follow typical Owner design for such. Contractor to
obtain standard drawings from Owners System Design group.

1.4.5

Wind Turbine Supplier SCADA System

A.

Install and maintain T1 data grade line (or equivalent) in accordance with the
Project Schedule terminated to Turbine Supplier SCADA server

B.

Provide Turbine Supplier with a static public internet protocol (IP) address
accessible through any internet connection

C.

Supply fiber optic cable in accordance with Fiber Cable Handling Instructions
and Fiber Optic Layout as included in Exhibit B-1.

D.

Install fiber optic network cable in conjunction with Collection System Circuits
and junction boxes

E.

Install fiber optic cable at Tower base providing appropriate amount for
terminations

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1.5

F.

Provide power supply and communication links for Wind Turbine Supplier
SCADA System server

G.

Supply and install fiber cable to Wind Turbine Supplier SCADA System server
location

1.4.6

Card Access Security

A.

Contractor shall install a card access system for Turbine doors. Acceptable card
access system hardware is included in Appendix H to this Exhibit A.

1.4.7

Camera Surveillance System

A.

Contractor shall design a camera surveillance system for the Turbines and
substation. Contractor shall procure and install all equipment necessary for
future use of a camera surveillance system at the site. The Camera Surveillance
system shall be designed in anticipation of future NERC requirements.

Contractor Excluded Items

Notwithstanding any conflicting statement in this Exhibit A or elsewhere in the Agreement, the
following items are not included in the Contractors Scope of Work.

1.5.1

General

A.

Owner Permits.

B.

ALTA surveys or boundary surveys for the project.

C.

Securing all land rights for construction of the project.

1.5.2

Civil Infrastructure

B.

Space for construction office, parking and lay down area shall be granted to the
Contractor to be utilized during execution of the Work. Any costs to be paid to
the landowner for use of this land shall be by the Owner.

1.5.3

Electrical Infrastructure

A.

Owner to supply FAA lighting and brackets for Turbines

B.

Connection of FAA lighting to Wind Turbine Supplier SCADA System (Turbine


Supplier responsible)

C.

Provide personal protective equipment plan for Arc Flash for Turbine (Turbine
Supplier responsible)

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D.

Arc Flash labeling from Switchgear in (Turbine Supplier responsible)

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1.5.4

SCADA and Communications

A.

Commissioning and start up of the Wind Turbine Supplier SCADA system will
be carried out by the Wind Turbine Supplier.

B.

Design of fiber optic network (To be completed by Turbine Supplier upon receipt
of Owners Electrical One-Line Diagram)

C.

Supply of termination material for fiber optic cable terminations to Wind Turbine
Supplier SCADA System server and Turbines

D.

Termination of fiber optic cable to appropriate control panel inside Wind


Turbine base

E.

Installation of SCADA System server

F.

Termination of fiber cable to SCADA System server

G.

Termination of fiber cable to permanent meteorological towers

H.

Provide and install instrumentation and loggers for permanent meteorological


towers

1.5.5

Turbine Installation

A.

Owner to procure and Turbine Supplier to deliver Turbines to the Job Sites per
the schedule in Exhibit B-1.

B.

Turbine Supplier shall properly tarp turbine components prior to shipping to


eliminate unwanted foreign materials from entering turbine components. Tarp
material will be sufficient to allow for use during on-site storage prior to turbine
erection.

C.

Turbine Supplier shall provide transportation to remove empty shipping


containers and materials.

D.

Owner to provide design data, installation manuals, and other information


furnished by the Turbine Supplier for proper handling and installation of the
Turbines, as provided in Exhibit B-1 and other Turbine Supplier documents.

E.

Specialized tools and equipment needed for the erection of the Turbines as per
Exhibit B-1.

F.

Turbine Supplier shall provide supervision and technical advice during turbine
erection. The technicians shall provide oversight and provide Contractor with
any specialized training.

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1.6

G.

Turbine Supplier shall provide an additional supply of all bolts and other loose
erection components, which will be used in case of shortages. The remaining
bolts and other loose erection components if not used for erection will be
returned to the Turbine Supplier or put into inventory for O&M usage at
Owners discretion.

H.

Turbine Supplier shall provide touch-up paint for Tower and other painted
surfaces as required. Contractor is responsible for such touch-up painting
required as a result of the erection process.

I.

Turbine Supplier shall be responsible for start-up and commissioning of the


Turbines.

1.5.6

Substation Installation

A.

Procurement, delivery, dressing, and testing of the main power transformers is


provided by the Owners main transformer supplier.

1.5.7

Meteorological Towers / Power Curve Testing

A.

Site calibration by Owner.

B.

Power curve testing by Owner.

Environmental Conditions

The BOP shall be designed by the Contractor to operate satisfactorily throughout the range of
temperature and climatological conditions expected at the site. Approximate environmental
design conditions for the site include the following:
A.

B.

Wind Loads
1.

Basic Wind Speed, V = 40 m/s (3-second gust at 10m elevation), shall be scaled up
to the appropriate dimensions using the height, importance, and topographic
factors detailed in ASCE 7-05 Section 6. Site specific wind speeds and statistics
are included in the Site Meteorological Data.

2.

Exposure Class C

3.

Importance Factor, I = 1

4.

Occupancy Category = II (ASCE 7-05 section 1)

Seismic Requirements- Earthquake Loads


1.

Mapped spectral response accelerations (Ss = 0.035, S1 = 0.08)

2.

Spectral response coefficients (Sds = 0.085, Sd1 = 0.084)

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C.

3.

Seismic design category: A

4.

Importance Factor I = 1

5.

Earthquake loads specified here are based on preliminary information; final


earthquake loading will be included in the final site geotechnical assessment.

Other Normal and Extreme Environmental Conditions:


1.

Minimum low ambient temperature Normal 23 degrees Fahrenheit (F) (-5


degrees centigrade [C]), Extreme -22F (30 C) (IEC 61400-1 and National
Climactic Data Center Records for Ludington, MI). Ludington, MI specific
temperature conditions are included in the meteorological data.

2.

Maximum high ambient temperature Normal 104F (40C), Extreme 122F


(50C) (IEC 61400-1). Ludington, MI specific temperature conditions are
included in the meteorological data.

3.

Normal Humidity: Range of up to 95% relative humidity (IEC 61400-1)

4.

Snow Accumulation- Snow Loads 60-inches on horizontal surfaces (IBC 2006)

5.

Ice Accumulation 0.5-inches at 10 meters shall be scaled up to the appropriate


dimensions using the height, importance and topographic factors detailed in
ASCE 7-05 section 10.4.

6.

Combination wind load on ice covered structure (50-year mean recurrence


interval uniform ice thickness due to freezing rain with concurrent 3-second gust
speed) gust speed of 40 mph, shall be scaled up to the appropriate dimensions
using the height, importance and topographic factors detailed in ASCE 7-05
section 10.5

7.

Lightning Up to 2 flashes per square kilometer per year (Global Atmospherics,


Inc. 1996-2000 Flash Density map). Lightning frequency estimates for each
Turbine in the wind farm and component design to prevent lightening damage
shall be in accordance the methods recommended in the current versions of
NFPA 780 and IEC 61400-24.

8.

NCDC Climate Records


a.

Average annual temperature: 46.5 F (NCDC Climate Normals for


Ludington 4 SE weather station, 1971-2000)

b.

Extreme low temperature (30 year dataset): -22 F (Ludington 4 SE


weather station daily minimum temperature, 1979-1008)

c.

Average days per year below -20 C (-4 F): 1.5 (based on 45 days in 30
years) (Ludington 4 SE weather station daily minimum temperature,
1979-1008)

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d.

1.7

Extreme high temperature (30 year dataset): 99 F (Ludington 4 SE


weather station daily maximum temperature, 1979-1008)

Codes and Standards


1.7.1

General

The Contractor shall be fully responsible for the sufficiency of the Work. The Contractor
shall be responsible for the complete design and design checks.

1.7.2

Applicable Codes and Standards

Designs shall be in accordance with all applicable Laws, applicable standards, applicable
Contractor Permits and Owner Permits, and Prudent Wind Industry Practices. Without
limiting the foregoing, it is the Contractors responsibility to conform to the
requirements of all local, state, and federal codes pertaining to all aspects of the Work
and meet or exceed the minimum requirements of the applicable sections of the
following codes and standards in effect at the time of the Agreement. Any departure
from the referenced codes must be fully described in writing and submitted for the
Owners review. =
A.

American Association of State and Highway Transportation Officials (AASHTO)

B.

American Concrete Institute (ACI)

C.

American National Standards Institute (ANSI)

D.

American Society of Mechanical Engineers (ASME)


1.

E.

American Society of Civil Engineers (ASCE)

F.

ASCE 7-05 - Minimum Design Loads for Buildings and Other Structures

G.

American Society for Testing and Materials (ASTM)

H.

American Institute of Steel Construction (AISC)

I.

American Petroleum Institute (API)

J.

American Welding Society (AWS)

K.

AWS D1.1 Structural Welding Code -Steel

L.

AWS D1.2 Structural Welding Code -Aluminum

M.

Aluminum Association (AA)

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ASME A120.1 Safety Requirements for Powered Platforms and Traveling


Ladders and Gantries for Building Maintenance

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N.

Association of Edison Illuminating Companies (AEIC)

O.

American Iron and Steel Institute (AISI)

P.

CRSI, Concrete Reinforcing Steel Institute

Q.

Edison Electric Institute (EEI)

R.

Environmental Protection Agency (EPA)

S.

Factory Mutual (FM)

T.

Institute of Electrical and Electronic Engineers (IEEE)


1.

IEEE 80: Guide for Safety in AC Substation Grounding

2.

IEEE 142: Recommended Practice for Grounding of Industrial and


Commercial Power Systems

3.

IEEE 400: Guide for Field Testing and Evaluation of the Insulation of
Shielded Power Cable System

4.

IEEE 386: Standard for Separable Insulated Connector Systems for Power
Distribution Systems Above 600 V

5.

IEEE 404: Standard for Extruded and Laminated Dielectric Shielded


Cable Joints Rated 2500 V to 500 000 V

6.

IEEE 484: Recommended Practice for Installation, Design, and


Implementation of Vented Lead-Acid Batteries for Stationary
Applications

7.

IEEE 487: Recommended Practice for the Protection of Wire-Line


Communication Facilities Serving Electric Power Locations

8.

IEEE 519: Recommended Practices and Requirements for Harmonic


Control in Electrical Power Systems

9.

IEEE1584: Guide for Performing Arc-Flash Hazard Calculations

10.

ANSI/IEEE Std 81: Guide for Measuring Earth Resistivity, Ground


Impedance, and Earth Surface Potentials of a Ground System

11.

IEEE 605: Guide for Bus Design in Air Insulated Substations

12.

IEEE 485: IEEE Recommended Practice for Sizing Lead-Acid Batteries for
Stationary Applications

U.

Insulated Cable Engineers Association (ICEA)

V.

International Building Code (IBC)

W.

International Electrotechnical Commission (IEC)

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X.

International Electrical Testing Association (NETA)

Y.

Illuminating Engineering Society of (IES)

Z.

National Board of Fire Underwriters (NBFU)

AA.

National Institute of Standards and Technology (NIST)

BB.

National Electrical Safety Code ANSI/IEEE C2 (NESC)

CC.

National Electrical Manufacturers Association (NEMA)

DD.

National Fire Protection Association (NFPA)


1.

70 National Electrical Code (NEC)

2.

780 Lightning Protection Code

3.

70E Standard for Electrical Safety in the Workplace

4.

850 Recommended Practice for fire Protection for Electric Generating


Plants and High Voltage Direct Current Convert Stations

5.

15 Standard for Water Spray Fixed systems for Fire Protection

EE.

National Ready Mixed Concrete Association (NRMCA)

FF.

Research Council for Structural Connections (RCSC)

GG.

Underwriters' Laboratories (UL)

HH.

Uniform Building Code (UBC)

II.

Michigan Building Code (2006)

JJ.

Federal Aviation Administration

KK.

Advisory Circular AC 150/5345-43F

LL.

North American Electric Reliability Corporation (NERC)

MM.

Michigan Occupational Safety and Health Administration (MIOSHA)

NN.

Occupational Safety and Health Administration (OSHA)

OO.

OSHA 1910.68 Powered Platforms

PP.

Michigan Department of Transportation 2003 Standard Specification for


Construction

QQ.

Federal Highway Administration (FHWA) Publications


1.

Drilled Shafts: Construction Procedures and Design Methods (FHWA-IF-99025

2.

Design and Construction of Driven Pile Foundations, Volumes I and II

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1.7.3

3.

Design and Construction of Continuous Flight Auger Piles (FHWA-HIF-07039)

4.

Dynamic Compaction (FHWA-SA-95-037)

5.

Subsurface Investigations Geotechnical Site Characterization (FHWA-NHI01-031)

Electrical Components

In addition to the applicable Codes and Standards listed elsewhere, the following shall
apply to the electrical components to the extent they are applicable.
A.

Cable

ICEA, AEIC CS6 (EPR) , AEIC CS8 (TRXLPE)

B.

Power Swithchgear

ANSI C37

C.

Lightning Arresters

ANSI C62

D.

Insulators

ANSI C29

E.

Apparatus Bushings

ANSI C76

F.

Power and Instrument


Transformers

ANSI C57

G.

Grounding

IEEE 80

H.

Rigid Bus

IEEE 605

1.7.4

Concrete Works

In addition to the applicable Codes and Standards listed elsewhere, the following shall
apply to the concrete work to the extent they are applicable:
ACI 211.1

Recommended Practice for Selecting Proportions for Normal


Weight Concrete.

ACI 301

Specification for Structural Concrete for Buildings.

ACI 304

Recommended for Measuring, Mixing, Transporting and Placing


Concrete.

ACI 305

Recommended Practice for Hot Weather Concreting.

ACI 306

Recommended Practice for Cold Weather Concreting.

ACI 318

Building Code Requirements for Reinforced Concrete.

ACI 347

Recommended Practice for Concrete Formwork.

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CRSI

Manual of Standard Practice

CRSI

Recommended Practice for Placing Reinforcing Bars.

CRSI

Recommended Practice for Placing Bar Supports, Specifications,


and Nomenclature.

CRSI

Recommended Practice for Reinforcing Bar Splices

ASTM A82

Standard Specifications for Cold Drawn Steel Wire for Concrete


Reinforcement

ASTM A185

Welded Steel Wire Fabric for Concrete Reinforcements.

ASTM A685

Deformed and Plain Billet Steel Bars for Concrete Reinforcement.

ASTM C31

Practice for Making and Curing Concrete Test Specimens in the


Field.

ASTM C33

Concrete Aggregates.

ASTM C39

Test Method for Compressive Strength of Cylindrical Concrete


Specimens.

ASTM C42

Method of Obtaining and Testing Drilled Cores and Sawed


Beams of Concretes.

ASTM C94

Ready-Mixed Concrete.

ASTM C143

Test for Slump of Portland Cement Concrete.

ASTM C150

Portland Cement.

ASTM C171

Sheet Materials for Curing Concrete.

ASTM C172

Method of Sampling Fresh Concrete.

ASMT C192

Method of Making and Curing Concrete Test Specimens in the


Laboratory.

ASTM C231

Test Method for Air Content of Freshly Mixed Concrete by the


Pressure Method.

ASMT C260

Air Entraining Admixtures for Concrete.

ASTM C494

Chemical Admixtures for Concrete.

ASC 336 1

Specification for the Construction of Drilled Piers.

All materials shall be first class throughout and due consideration shall be given to
interchangeability of parts, wherever good practice allows. All equipment and materials
shall be new and unused.
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1.8

Submittals and Documentation


1.8.1

General Information

A.

Definitions:
1.

2.

Submittals are defined below or in other sections of the Agreement


documents:
a.

Construction drawings include the documents used to construct


the project. These shall follow the Owners standards and be
created on the Owners standard drawing sizes and title blocks.

b.

Shop drawings include custom-prepared data of all types


including drawings, diagrams, specifications, performance curves,
material schedules, weld schedules, templates, instructions, and
similar information.

c.

Product data includes standard printed information on materials,


products, and systems; not custom-prepared for this project, other
than the designation of selections from available choices.

d.

Samples include both fabricated and unfabricated physical


examples of materials, products, and Work; both as complete
units and as smaller portions of units of Work; either for limited
visual inspection or (where indicated) for more detailed testing
and analysis. Mock-ups are a special form of samples which are
too large to be handled in the specified manner for transmittal of
sample submittals.

Miscellaneous submittals are those technical reports, administrative


submittals, certificates, and guarantees not defined as shop drawings,
product data, or samples.
a.

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Technical reports include laboratory reports, tests, technical


procedures, technical records, and Contractor's design analysis.
Also included are environmental planning and compliance
documents, reports, and other submittals for Michigan
Department of Natural Resources and Environment (MDNRE) or
other governing agencies.
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3.
B.

C.

D.

Administrative submittals are those non-technical submittals


required by the Agreement or deemed necessary for
administrative records. These submittals include maintenance
agreements, bonds, Project photographs, physical work records,
statements of applicability, Project record data, schedules,
security/protection/safety data, and similar type submittals.

c.

Certificates and guarantees are those submittals on equipment


and materials where a written certificate or guarantee from the
Supplier is called for in the specifications.

Refer to Exhibit EE which lists the minimum required submittals.

Quality Requirements:
1.

Submittals such as shop drawings and product data shall be of suitable


quality for legibility and reproduction purposes. Every line, character,
and letter shall be clearly legible. Drawings issued by electronic media
shall be useable for further reproduction to yield legible hard copy.

2.

Documents submitted to Owner that do not conform to specified


requirements shall be subject to rejection by Owner, and upon request by
Owner, Contractor shall resubmit conforming documents. If conforming
submittals cannot be obtained, such documents shall be retraced,
redrawn, or photographically restored as may be necessary to meet such
requirements. Contractor's (or his Subcontractor's) failure to initially
satisfy the legibility quality requirements will not relieve Contractor (or
his Subcontractors) from meeting the required schedule for submittal of
shop drawings and product data.

Language and Dimensions:


1.

All primary dimensional units shall be shown in the English units, in


addition to any other units.

2.

All words shall be in the English language in addition to any other


language, for use at the construction site.

Submittal Completeness:

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b.

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E.

1.

Submittals shall be complete with respect to dimensions, design criteria,


materials of construction, and other information specified to enable
Owner to review the information effectively.

2.

Where standard drawings are furnished which cover a number of


variations of the general class of equipment, each such drawing shall be
individually annotated to describe exactly which parts of the drawing
apply to the equipment being furnished. Use hatch marks to indicate
variations that do not apply to the submittal. The use of "highlighting
markers" is not an acceptable means of annotating submittals. Such
annotation shall also include proper identification of the Submittal
permanently attached to the drawing.

3.

Reproductions or copies of drawings or portions thereof will not be


accepted as complete fabrication or erection drawings.

Form of Submittals:
1.

2.

Submittals and other Project documents shall be transmitted in electronic


format as specified.
a.

Selected submittals may be provided in paper ("hardcopy") copies


with advance approval of Owner, and using the procedures
specified herein.

b.

Equipment instruction books and operating manuals shall be


provided in paper copies in addition to specified electronic
format.

Electronic Format:
a.

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When practicable, scanned submittals and documents shall not be


used. Transmit submittals and Project documents in:
(1)

Nonproprietary, native electronic format incorporating


any necessary reference files, or

(2)

Adobe Portable Document Format (PDF) files created


directly from native electronic format, or

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b.

(3)

TIFF file format, or

(4)

Owner-approved equal.

For any given submittal, the filename and format shall be


consistent for initial submission and subsequent revisions of the
same. Use consistent naming convention throughout.
(1)

c.

3.

F.

Provide "Construction Record" submittals, including drawings,


documents, equipment instruction books and operating manuals,
and other documents to the Owner.
(1)

Construction Record drawings shall be submitted


electronically on CD-ROM or DVD in AutoCAD (*.dwg or
*.dxf) and PDF format as required and approved by
Owner.

(2)

Construction Record drawings may be submitted in


hardcopy form to the Owner with prior written approval.

Digital delivery media may be via email to Owner. If submittals are


larger than 5 MB, delivery shall be delivery to Owner via CD-ROM, flash
drive, or DVD.

Conforming to Construction Records or As-Built Requirements:


1.

Submittals and Owner-supplied Project documentation, which by


Prudent Wind Industry Practices are conformed, shall be conformed to
construction record conditions. Delivery format is detailed above.

2.

Construction Record drawings shall be submitted for Owner approval


following completion of the construction and no later than at time of
Final Completion.

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Nonconforming Submittals are subject to rejection by


Owner.

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1.8.2

Submittals

A.

Submittals shall be broken down into two categories: Approval Required


Submittals and Other Submittals:
1.

2.

Approval Required Submittals:


a.

Approval Required Submittals shall be approved by the Owner


prior to Contractor proceeding with design or release for
fabrication or manufacture.

b.

Approval Required Submittals shall be resubmitted on each


revision for the number of times required to obtain compliance
with the Agreement. However, any need for re-submittals in
excess of the number set forth in the accepted schedule, or any
other delay under Contractors responsibility, will not be grounds
for extension of the Project Schedule.

c.

Shall be defined in the Deliverables List.

d.

Shall be so marked on the transmittal to the Owner.

e.

The approval of submittals by Owner does not relieve the


Contractor or Supplier of the responsibility to meet requirements
of the Agreement or any legal responsibility for such designs.

Work relative to Approval Required Submittals, if commenced or


shipped prior to the submittal having been stamped AAS (or
Approved as Submitted) or AAN (or Approved as Noted) by
Owner shall be performed at Contractors risk. A copy or sample of each
submittal shall be kept in good order by Contractor at the Site.

The remaining submittals, the Other Submittals, shall include the data included
in Sections 1.8.4 and 1.8.5 and information as applicable to the particular
equipment and materials and in accordance with applicable codes and standards.
B.

Schedule of submittals:
1.

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Prepare for Owners concurrence, a schedule for submission of all


submittals specified or necessary for Owners approval of the use of

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equipment and materials proposed for incorporation in the Work or


needed for proper installation, operation, or maintenance. Submit the
schedule with the procurement schedule and Work progress schedule.
Schedule submission of all submittals to permit review, fabrication, and
delivery in time to not cause a delay in the Work of Contractor or his
Subcontractors or any other contractors as described herein.

C.

2.

In establishing schedule for submittals, allow 15 working days in


Owners office for reviewing original submittals and 10 working days in
Owners office for reviewing re-submittals.

3.

Submittals requiring revision shall be resubmitted within 10 working


days after receipt of Owners review notations.

4.

The schedule shall indicate the anticipated dates of original submission


for each item and Owners approval thereof, and shall be based upon at
least one resubmission of each item.

5.

Schedule all Approval Required Submittals required prior to fabrication


or manufacture. Schedule submittals pertaining to storage, installation
and operation at the site for Owners acceptance prior to delivery of the
equipment and materials.

6.

Resubmit submittals the number of times required for Owners "AAS" or


AAN. However, any need for re-submittals in excess of the number set
forth in the accepted schedule, or any other delay in obtaining approval
of Submittals, will not be grounds for extension of the schedule, provided
Owner completes its reviews within the times specified.

7.

Where a submittal is required by the Agreement or the accepted


Deliverable Schedule, any related Work performed prior to Owners
review and approval of the pertaining submittal will be at the sole
expense and responsibility of Contractor.

Transmittal of Submittals:
1.

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Submittals of equipment and materials furnished by Subcontractors,


manufacturers, and suppliers shall be submitted to Owner by Contractor.

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2.

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All submittals shall be in an electronic format (PDF is preferred). The file


name and type shall be the same for all revisions.

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3.

a.

Contractors file name/drawing number.

b.

Contractors revision number/letter.

c.

Description of file/drawing title. (individual for each drawing)

d.

Supplier/Sub-Suppliers name (if applicable).

e.

Supplier/Sub-Suppliers drawing number (if applicable).

f.

Supplier/Sub-Suppliers revision number (if applicable).

4.

Each drawing sheet to be reviewed shall be in a separate file.

5.

After checking and verifying, transmit submittals to Owner for


acceptance as follows:

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All submittals shall be accompanied with a transmittal with the following


information:

a.

Identify each submittal by Project name and number, Agreement


title and number, and the specification section and article number
attached to the file and in the letter of transmittal file.
Unidentifiable submittals will be returned for proper
identification.

b.

Complete the Consumers Energy Submittal Form for each initial


submittal issue and each submittal re-issue. Each submittal shall
have its own cover sheet. Unidentifiable submittals will be
returned for proper identification.

c.

Check and annotate submittals of Subcontractors, suppliers, and


manufacturers with Contractors approval prior to transmitting
them to Owner. Contractors stamp of approval shall constitute a
representation to Owner that Contractor has either determined
and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data, or Contractor
assumes full responsibility for doing so, and that Contractor has
coordinated each submittal with the requirements of the Work
and the Agreement.
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6.

d.

Any deviations from the requirements of the Agreement shall be


called to the attention of Owner in the letter of transmittal
document file.

e.

Make all modifications noted or indicated by Owner and reissue


revised document, copies, or samples until accepted. Direct
specific attention in the document file, or on revised submittals, to
changes other than the modifications called for by Owner on
previous submittals. After submittals have been accepted, issue
copies thereof for record. Files of accepted drawings transmitted
for final distribution will not be further reviewed and are not to be
revised. If errors are discovered during manufacture or
fabrication, correct the submittal and resubmit for review.

f.

Following completion of the Work and prior to final payment,


furnish record documents and approved samples and shop
drawings revised as necessary to indicate conformed to
construction record conditions, including field modifications.

g.

Keep a copy of each aubmittal or sample in good order at the Site.

Quantity Requirements:
a.

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Except as otherwise specified, transmit all Contractors,


Subcontractors, manufacturers, or fabricators shop drawing
submittals in the quantity as follows:
(1)

Initial submittal: One electronic file plus one hard copy to


Owner. Comments will be returned to Contractor in PDF
format.

(2)

Re-submittals: One electronic file to Owner. Comments


will be returned to Contractor in PDF format.

(3)

Submittal for Final Distribution: Electronic media plus one


hard copy to Owner unless otherwise approved in writing
by Owner.

(4)

As-Constructed Prints: Electronic file plus one hard copy


unless otherwise approved in writing by Owner.
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b.

c.

d.

Transmit Submittals of product data as follows:


(1)

Initial Submittal: Electronic file plus one hard copy to


Owner. Comments will be returned to Contractor in PDF
format.

(2)

Re-submittals: Electronic file plus one hard copy to Owner.


Comments will be returned to Contractor in PDF format.

(3)

Submittal for Final Distribution: Electronic file plus one


hard copy to Owner. Comments will be returned to
Contractor in PDF format.

Transmit Submittals of material samples, color charts, and similar


items as follows:
(1)

Initial Submittal: 3 to Owner.

(2)

Re-submittals: 3 to Owner.

(3)

Upon approval, 1 Sample will be returned to Contractor.

Transmit submittals of equipment instruction books and


operating manuals as follows:
(1)

Initial submittal: One hard copy plus electronic file copies


to Owner. Comments will be returned to Contractor in
PDF format.

(2)

Re-submittals: One hard copy plus electronic file copies to


Owner. Comments will be returned to Contractor in PDF
format.

(3)

Submittal for final distribution:


(a)

e.

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One electronic media copy to Owner unless


otherwise approved in writing by Owner.

Transmit Submittals for Reference Only One electronic copy and


one hard copy to Owner.

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f.

7.

D.

E.

Copies of the equipment erection drawings and other submittals required


for the installation of equipment furnished by others under separate
Agreement for installation under this Agreement, if any, will be
transmitted to Contractor by Owner in the final distribution of such
Submittals.

Owners Review:
1.

Owner will review and take appropriate action on Submittals in


accordance with the accepted schedule of submittals. Owners review
and approval will be only to determine if the items of equipment and
materials covered by the submittals will, after installation or
incorporation in the Work, conform to information given in the
Agreement and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Agreement.

2.

Owners review and approval will not extend to design data reflected in
submittals which is peculiarly within the special expertise of Contractor
or Contractor's Subcontractors or Suppliers. Review and approval of a
component item as such will not indicate approval of the assembly in
which the item functions.

3.

Owners review and approval of shop drawings, product data, or


samples will not relieve Contractor of responsibility for any deviation
from requirements of the Agreement unless Contractor has in writing
called Owners attention to such deviation at the time of submission, and
Owner has given written concurrence in and approval of the specific
deviation. Approval by Owner shall not relieve Contractor from
responsibility for errors or omissions in submittals.

Submittal Action Stamp:

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Owner may copy and use for internal operations and staff training
purposes any and all document submittals required by this
Agreement, whether or not such documents are copyrighted, at no
additional cost to Owner.

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1.

Owners review action stamp, appropriately completed, will appear on


all Submittals of Contractor when returned by Owner. Review status
designations listed on Owner action stamp are defined as follows:
AAS APPROVED AS SUBMITTED: Signifies equipment or material
represented by the submittal conforms with the design concept and
complies with the intent of the Agreement and is approved for
incorporation in the Work. Contractor is to proceed with fabrication or
procurement of the items and with related Work.
AAN APPROVED AS NOTED: Signifies equipment and material
represented by the submittal conforms with the design concept and
complies with the intent of the Agreement and is approved for
incorporation in the Work in accordance with Owners notations.
Contractor is to proceed with fabrication or procurement of the items and
with related Work in accordance with Owners notations and is to submit
a revised submittal responsive to notations marked on the returned
submittal or written in the letter of transmittal.
R&R REVISE AND RESUBMIT (RESUBMIT): Signifies equipment and
material represented by the submittal does not conform with the design
concept or comply with the intent of the Agreement and is disapproved
for use in the Work. R&R may also signify information is either
insufficient in detail or contains discrepancies which prevent Owner from
completing his review. Contractor is to resubmit revised information
responsive to Owners annotations on the returned submittal or written
in the letter of transmittal. Fabrication or procurement of items
represented by the submittal and related Work is not to proceed until the
submittal is approved. Contractor is to revise and provide submittals
responsive to the Agreement.
IFI ISSUED FOR INFORMATION (For Reference, No Approval
Required): Signifies submittals which are for supplementary information
only; pamphlets, general information sheets, catalog cuts, standard
sheets, bulletins and similar data, all of which are useful to Owner in
design, operation, or maintenance, but which by their nature do not
constitute a basis for determining that items represented thereby conform
with the design concept or comply with the intent of the Agreement.

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Owner reviews such submittals for general content but not for basic
details.
PRELIMINARY - PRELIMINARY SUBMITTAL: Signifies submittals of
such preliminary nature that a determination of conformance with the
design concept or compliance with the intent of the Agreement must be
deferred until additional information is furnished. Contractor is to
submit such additional information to permit layout and related activities
to proceed. Submittals may have data missing which is required to
complete the review. Further submittal(s) to Owner once the submittal is
complete is required by Contractor to fulfill Contract obligations.

1.8.3

Miscellaneous Submittals

A.

Miscellaneous Submittals are comprised of technical reports, administrative


submittals, and guarantees which relate to the Work, but do not require Owner
approval prior to proceeding with the Work. Miscellaneous submittals will be
submitted in electronic media and one hard copy.

B.

Transmittal of Miscellaneous Submittals:


1.

2.

All Miscellaneous Submittals furnished by Subcontractors,


manufacturers, and Suppliers shall be submitted to Owner by Contractor
in electronic media with one hard copy unless otherwise specified.
a.

Complete the Consumers Energy Submittal Form for each initial


submittal issue and each submittal re-issue. Each submittal shall
have its own cover sheet. Unidentifiable submittals will be
returned for proper identification.

b.

At the time of each submission, call to the attention of Owner in


the transmittal files any deviations from requirements of the
Agreement.

Quantity Requirements:
a.

Technical reports and administrative submittals except as


otherwise specified:
(1)

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Owner: One electronic file and one hard copy.


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b.

Written certificates and guarantees:


(1)

3.

C.

1.8.4

Owner: One electronic file and one hard copy.

Test Reports:
a.

Responsibilities of Contractor and Owner regarding tests and


inspections of equipment and materials and completed Work are
set forth elsewhere in this Agreement.

b.

The party specified responsible for testing or inspection shall in


each case, unless otherwise specified, arrange for the testing
laboratory or reporting agency to distribute test reports by
electronic media and in addition as follows:
(1)

Owner: One copy (plus one hard copy).

(2)

Resident Project Representative: One copy.

(3)

Contractor: As Required.

(4)

Manufacturer or supplier: As Required.

Owners Review:
1.

Owner will review Miscellaneous Submittals for indications of Work or


material deficiencies.

2.

Owner will respond to Contractor on those Miscellaneous Submittals


which indicate Work or material deficiency.

Submittal Drawing and Data Requirements

The following documents, as a minimum unless additional documents are specified by


the Owner, shall be submitted to the Owner in accordance with the Submittal Schedule.
A.

Technical Submittals/Equipment Data Sheets for all engineered equipment items


to be provided as part of the Project. Data sheets shall include a concise
description of performance rating, materials, and design data.

B.

Test Procedures (functional and acceptance test procedures);

C.

Operation and Maintenance Manuals for all Contractor supplied equipment;

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D.

Major equipment specifications;

E.

Outline drawings with dimensions, weights, and foundation loading


information, performance data, seating and bolting arrangement, and clearance
for maintenance;

F.

Sectional drawings showing materials and construction;

G.

Characteristic equipment curves as available;

H.

Electrical one-line and three line diagrams, control schematic diagrams, control
wiring diagrams and cable schedule;

I.

Calculated total unit weights of large components of items of machinery and


equipment as provided by equipment vendors (weights on drawings shall reflect
dry and full weights).

J.

Manufacturers recommendations on types and quantities of lubricants to be


used for each piece of equipment and list of consumables used during normal
operation, such as filter elements, chemicals, oil, and other items as applicable.
This data shall be compiled into a plant lubrication schedule, which shall
summarize all lubricants required for ordering, indicating frequency of
lubrication required;

K.

Layout of custom fabricated panels and switchboards sufficient to review for


human engineering features;

L.

Minimum clearances for maintenance capability;

M.

Lists of special tools furnished with the equipment (all special tools, except those
supplied by Turbine supplier , for erection and maintenance are to be provided
by the Contractor);

N.

Requirements for storage and protection of equipment upon receipt and


following installation, but prior to start-up.

O.

System descriptions suitable for operations and maintenance training;

P.

Short circuit calculations;

Q.

Load flow and equipment ratings calculations, including substation bus design
calculations;

R.

Grounding calculations;

S.

Cable ampacity calculations;

T.

Power loss calculations;

U.

Other calculations as required by the Owner (including geotechnical and


foundation calculations)

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V.

Spare parts list

W.

Schematic drawings and detailed wiring drawings of control, protection,


monitoring, and data acquisition schemes.

X.

Communications block diagram for all systems and equipment utilizing any
communications protocols and/or networks.

Y.

Process and Instrument Diagrams (P&IDs)

Z.

Turbine Installation Check Lists

AA.

Turbine Installation Inspection Procedure

BB.

Programmable device programs, configuration data, source code and settings,


including that for SCADA, Turbine control and generator and system protection

1.8.5

Submittal Document Review

The following documents, at a minimum unless additional documents are requested by


the Owner, shall be submitted for review.
A.

Geotechnical Engineering Report

B.

Access road layout design and detail

C.

Route Improvement design and detail

D.

Erosion and sediment control plan

E.

Storm water Pollution Prevention Plan

F.

Foundation design and details

G.

Civil infrastructure design and details

H.

Concrete specifications

I.

Structural steel specifications

J.

138 kV equipment specifications and layout drawings

K.

34.5 kV equipment specifications and layout drawings

L.

138 kV cable plans and specifications

M.

34.5 kV cable plans and specifications

N.

Low voltage (e.g., 600 V) cable specifications

O.

Fiber optic cable design and specifications

P.

Engineered equipment specifications

Q.

All electrical one-line, three line and schematic diagrams

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R.

Electrical grounding system calculations and details (Turbine sites and


substation)

S.

Site Plan

T.

General arrangement drawings

U.

Test procedures

V.

Rigging plans

W.

Crane Management Plan

X.

Job Book Table of Contents

1.8.6

Operating Manuals

Contractor will submit a draft of the Operating Manual for the Owners approval. The
Operating Manual shall include manufacturers instruction books for all electrical,
mechanical, hydraulic, pneumatic, and electronic equipment incorporated into the
Work. The Operating Manual to be supplied by Contractor will not include turbine
operating instructions. All manufacturers manuals shall be incorporated into the project
Operating Manual with multiple volumes, indexed and placed in three ring binders,
with volume and content clearly identified on the spine.
Commercial manuals are acceptable for inclusion in Operating Manuals. Contractor
shall request the following information to be included in vendors commercial manuals:
A.

Installation, start-up and initial test instructions;

B.

Operating instructions, including safety precautions; Maintenance procedures


and routine adjustments; including detailed maintenance plans;

C.

Parts illustrations, including parts lists adequate for the purpose of identifying
and ordering replacement parts with designation of the number required per
component, and lists of recommended spare parts for three (3) years of operation
of any component;

D.

Wiring diagrams for electrical equipment;

E.

Hydraulic diagrams for hydraulic equipment;

F.

Detailed descriptions of the functions of each principal component of a system;

G.

Performance and nameplate data;

H.

Alignment instructions;

I.

Safety precautions;

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J.

Maintenance instructions, which shall include detailed assembly drawings with


part numbers, parts lists, instructions for ordering spare parts, and complete
preventative maintenance instructions required to ensure satisfactory
performance and longevity of the equipment involved;

K.

Lubrication instructions, which shall list points to be greased or oiled, shall


recommend type, grade, and temperature range of lubricants, and shall
recommend frequency of lubrication; and

L.

Lists of electrical relay settings and control and alarm contact settings.

1.8.7

Job Books

Turbine Job Books shall be supplied by the contractor in the form specified in Exhibit V.
Minimum expectations for the Job Books include the following items.
A.

Completed Contractors QA/QC Exhibits

B.

Completed Turbine Supplier QA/QC checklists

C.

Material certifications and testing information (mill certs, concrete compressive


strength results, etc.)

1.8.8

Record Drawings

Contractor shall provide a complete set of Record drawings consisting, as a minimum,


P&IDs, of instrument lists, electrical schematics, one-line and three line electrical
drawings, control logic diagrams, schematics, wiring diagrams, cable and conduit, and
underground or embedded conduit drawings at the completion of the project. Provide
Record drawings locating all underground utilities dimensioned from permanent
identifiable benchmarks or GIS location controlled information may be substituted. Five
hard copies of all drawings plus two (2) sets of CDs containing all drawings shall be
supplied. As-built drawing shall be provided using English customary units and the
English language. The Record drawings shall be provided to the Owner within 8 weeks
after the Substantial Completion.

1.9

Schedule, Meetings, and Progress Reports

The Contractor, within thirty (30) days after execution of the Agreement, shall furnish to the
Owner for review and approval, an integrated Detailed Critical Path Method (CPM) Network
Diagram conforming to the dates specified in Exhibit F and in accordance with Exhibit DD, with
a supporting CPM printout covering all Work. Allowances shall be made in this Detailed CPM
Schedule for occurrences such as holidays, possible strikes, and inclement weather. The by
area report shall have activities for engineering work (including submittal of preliminary and
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final documents and drawings), fabrication and delivery of equipment/material, installation,


and shop testing. The by start-up system aspect of the report shall have activities for
installation, inspection, examination, testing, and turnover on a system basis. The Contractor
shall use a scheduling software package such as Primavera 6 approved in writing by the Owner
for its computerized scheduling. The Contractor, in addition to other submittals, shall provide
and submit updates of its network information to the Owner in electronic native-file format as
well as Adobe Portable Document format (PDF).
The Contractors Detailed CPM Schedule shall be the basis for planning, scheduling, and
executing the Work in accordance with the following guidelines:
Each activity item shall be identified by a Work Activity Description and Number. Each activity
of the Contractors schedule shall be capable of being summarized into the Milestone Payment
Schedule in accordance with Exhibit F of the Agreement. Each activity shall indicate the
duration in terms of work days, early start, and early finish.
Each activity shall indicate Contractor engineering and drawing submittal dates, if applicable.
Each activity shall indicate Contractor release for fabrication dates, if applicable.
Each activity shall indicate the Contractors fabrication sequences, if applicable.
Each activity shall indicate material and/or equipment on Project Site dates for both Ownerfurnished items and Contractor-furnished items. Delivery dates for Contractor stored material
for which the Contractor expects payment prior to installation must also be identified on the
Contractors detailed schedule.
Each activity shall indicate any restraint placed upon its starting and/or, completion whether it
is Contractor or Owner furnished and/or controlled.
Each activity must provide information concerning costs such that this information can be cross
referenced and balanced with the information provided on the Milestone Payment Schedule.
Each activity shall be resource loaded based on planned unit productivity rates. The Contractor
shall provide unit rate targets and monitor and report actual productivity against the targets to
allow the Contractor and the Owner to identify trends and problems.
The critical paths for the Work shall be identified and highlighted.

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The Detailed CPM Schedule shall show the work activity descriptions and logic as a minimum.
The requirements of this section shall be shown on the Detailed CPM Schedule or, at the
Contractors option, on supporting CPM printouts.
The Detailed CPM Schedule indicating the construction by area, including supporting CPM
printouts, shall be revised and provided to the Owner by the Contractor monthly to reflect the
status of Work through the end of the previous calendar month. The start-up activities report
output of the Detailed CPM Schedule will be issued weekly after a date specified by the Owner.
Monthly updates shall be in tabular report format and shall provide the following information
by activity:

Activity Number

Activity Number Description

Original Duration

Remaining Duration

Current Early Start (Actual Start)

Current Early Finish (Actual Finish)

Total Float

Percent Complete

Productivity Rates

The critical paths for the Work shall be revised, if required. The Contractor shall list any
changes made during the month including all precedence information for changed activities.
Any changes shall be subject to approval by the Owner. Updates for certain portions of projects
(such as start-up activities or complex construction activities) and outage support will be
required more frequently and may be a detailed sub-net or a detailed system or subsystem
schedule. Such activities may be required on a daily basis during intense construction and
start-up periods.
Changes in the Work that affect existing activities, schedule dates, or duration of activities of the
Detailed CPM Schedules or changes as specifically requested by the Owner shall be added by
the Contractor to the Detailed CPM Schedule, including the CPM printout, within ten (10)
calendar days after notification by the Owner that such change shall be implemented. The cost
portions of the Detailed CPM Schedule shall not be changed.
Once Work has started on an activity, it shall not be modified into additional activities unless
reviewed and approved by the Owner.
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Changes or modifications to activities not started shall be submitted no less than one (1) month
prior to starting Work on the activity.
Should the Contractor complete a milestone prior to the scheduled date, the float shall be
credited to the Owner. Any such float may, at the Owners sole discretion, be used by the
Owner to accelerate other areas of the project schedule.
The Contractor shall provide to the Owner for review, when requested, its daily/weekly Work
activity or planning schedule which supports the Detailed CPM Schedules. The two week work
plan CPM Schedule float reports, updates, and any special requested reports shall be submitted
on a weekly basis.
Contractor shall participate in regular meeting and submit progress reports to Owner, including
Plan of the Day (POD) reports, monthly status reports, and schedule progress reports, in
accordance with Exhibit DD.

1.10 Project Controls


Contractor shall prepare a project control program to plan, schedule, and monitor overall
Project performance using information regarding schedule, quantities, unit installation rates
and manpower. The Contractor shall provide Work progress reports to the Owner in
accordance with the requirements set forth in Section 1.8.
The Project Control Program consists of the following at a minimum:
Submittal

Frequency

Schedules:
A.

Detailed CPM Schedule

Monthly

B.

4 Week Look Ahead with Week Detail

Monthly

Reports and Submittals


A.

Daily Reports

Daily

B.

Bulk Quantity Monitoring

Weekly

C.

Construction Equipment Report

Weekly

D.

Progress Report*

Monthly

*Progress Report must include, at a minimum, percent complete and productivity (at levels of detail agreed upon by
Owner and Contractor); problems/actions; lost time; issues and concerns.

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The Contractor shall submit initial Project Control Program submittals within thirty (30) days
after the date of this Contract. The Contractor shall submit its Project Control Program monthly
submittals to the Owner no later than the fifth day of each calendar month, representing
progress through the 25th day of the preceding calendar month. .

1.11 Request for Information


The Contractor shall follow Owners Request for Information (RFI) Procedure and use Owners
RFI Form for any and all information requests.
The Owner will supply Contractor with the required forms in electronic form during the
bidding process of the Project and may be updated and re-issued at any time by Owner without
implications to this Contract. The RFI Form is included as Exhibit FF.
The Contractor shall provide sufficient detail in RFIs such that the Owner can respond to the
request appropriately and timely.
Contractor shall provide Owner sufficient time to review and respond to RFIs.

1.12 Health and Safety Plan


The Contractor shall prepare and deliver to Owner the Safety Plan and erect and maintain, as
required by the condition and progress of the Work and in accordance with the Safety Plan, all
necessary safeguards for the safety and protection of life and property at the Project Site and
ensure Contractor and Subcontractor compliance with the Safety Plan and any other Owner
issued regulations and rules delivered to Contractor with respect to the Project Site.

1.13 Environmental Plan


The Contractor shall comply with all environmental requirements as set forth for the Project
and included in different Project Permits. The Contractor shall not discharge any toxic,
poisonous or polluted effluents onto the Project Site or into any running or standing/still water
at any time.
The Contractor shall develop and submit to Owner for review an Environmental Plan for the
construction phase of the Project. The Environmental Plan shall to reflect the terms of all
permits, the land lease agreement, and Prudent Wind Industry Practices. Aspects of the plan
should include, but not be limited to:

Storm water control and erosion protection

Waste management (including hazardous wastes)

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Spill prevention, control, and countermeasure

Wetland protection

Dust control

The Environmental Plan shall be completed by the Contractor and approved by the Owner
prior to the start of any work at the Site.
Contractor shall provide dust suppression at the Project Site. Contractor shall utilize dust
suppression and procedures to reduce the impact of dust per the project Dust Control Plan.

1.14 Permits
All Work shall be in compliance with the applicable Permit conditions issued for this project.
Permit responsibilities for the Work are included in Exhibit C. The Exhibit C table designates
the party responsible to secure each respective permit or approval. For those permits or
approvals that Contractor is not listed as responsible for securing, Contractor will support
Owner by providing detailed design information necessary to support the application,
preparation, and submittal of their respective applications. Except where noted, Owner will be
responsible for securing the permit or approval to meet the project schedule.
As detailed in Exhibit C, Contractor shall obtain construction licenses, permits, and waivers (not
specifically provided by Owner) necessary for the timely completion of the Work. This does not
include siting or site access permits and approvals, only those necessary to conduct
construction.
Contractor will prepare and submit the Construction NPDES compliance documentation.
Contractor shall provide a construction SWPPP, including an erosion and sediment control plan
suitable for construction. Contractor shall comply with the NPDES Storm Water Pollution
Prevention Plan (SWPPP) permit requirements.

1.15 Quality Assurance / Quality Control


The Contractor shall prepare a detailed quality assurance/quality control ("QA/QC") program
("QA/QC Program") for both any off-site shop operations and all Project Site operations related
to the Work. This QA/QC Program shall, without limitation, be designed to ensure that all
material and workmanship will be:
A.

fully in accordance with the Agreement;

B.

suitable for their intended purposes;

C.

consistent with the nature and character of the Work; and

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D.

in full compliance with the requirements, the design, applicable codes and standards,
and Prudent Wind Industry Practices.

The QA/QC Program shall include all necessary and advisable controls to ensure each item of
the Work is in compliance with the foregoing and is adequately inspected, tested and recorded
to prove such compliance to the Owner. As part of assuring such adequate inspection and
testing, the QA/QC Program shall include appropriate witness and hold points.
As part of its QA/QC Program, the Contractor shall assign a QA/QC manager to the Work. The
QA/QC manager shall be responsible for assuring that the Work is performed in accordance
with Contractors QA/QC Program, and shall be available at the Project Site at such times and
for such duration as may be necessary to achieve this objective. The Contractor shall also take
reasonable measures to ensure that all of its Subcontractors provide and maintain a suitable
QA/QC Program in conformance to Contractor's overall QA/QC Program.
The Contractor shall submit said QA/QC Program to the Owner for review without thirty (30)
days of the date of this Agreement, and the Contractor shall submit any revisions to said
QA/QC Program to the Owner for review prior to instituting such revisions; it being expressly
understood, however, that any review of, comments upon or approval of said QA/QC Program
(or any revisions to said QA/QC Program) by the Owner, or any failure by the Owner to object
to any matter in said QA/QC Program (or to any revisions of said QA/QC Program), does not
relieve the Contractor from the sole and entire responsibility for said QA/QC Program (and all
revisions thereof), including its completeness, suitability and appropriateness for all purposes,
or impose any liability on the Owner in connection therewith.
The Contractor shall be fully responsible is actively implementing and at all times enforcing its
QA/QC Program and for requiring all Subcontractors to implement and at all times comply
with their aforesaid QA/QC Programs.
The Contractor shall deliver to the Owner a complete copy of all of the QA/QC records in
accordance with Section 2.2 of the Agreement. The Contractor shall also itself retain all QA/QC
records for the relevant statutory period and in any case for a minimum period of five (5) years
after the date of Final Completion of the Work or the date of any earlier termination or
expiration of this Agreement, and make same available to the Owner upon request.
The QA/QC Program is included as Exhibit Z.

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1.16 Plant Performance Requirements


The collection system shall be designed such that the annual average load losses measured from
the generator terminals up to the high side of the main power transformer shall be targeted at
2.0 percent of the cumulative energy generated. To be clear, the electrical target loss limit of 2.0
percent shall include electrical losses from the in-nacelle transformer, Tower cable, 34.5 kV
collection system, grounding transformers (if utilized), and the 100 MVA main power
transformer. The annual average load losses shall be calculated based on: 1.) Turbine Energy
Production Frequency Distribution as provided in Appendix I to this Exhibit A, 2.) Turbine
Supplier specifications included in Exhibit B-1, 3.) Contractors Collection System Circuit and
Collection System Substation design, and 4.) Main Transformer specifications as provided in
Exhibit B-2. Contractor shall submit design calculations demonstrating that Contractors design
meets the load loss limits specified in this section.

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Section 2
Civil / Structural Design
2.1

General Requirements

The Contractor shall be responsible for becoming fully acquainted with all Project Site
conditions including but not limited to availability of labor, the nature and location of the site,
the atmospheric, meteorological, topographic, geological, subsurface, environmental, cultural,
and ecological conditions, Owner identified archaeological areas, and all other conditions that
may affect the Contractors execution of the Work. Contractor shall inspect the site, obtain all
necessary site data, and perform all subsurface soil investigations required for the design and
construction of the facility, including determination of seismic, wind, and snow design loads. It
is the Contractors sole responsibility to ensure that the facility structures and site work comply
with all national, state, and local regulatory requirements.
Detailed design, fabrication, and installation drawings including calculations for materials and
components furnished by the Contractor shall be prepared, checked, and submitted in
accordance with the Agreement. Design drawings and calculations shall be stamped and
certified by a licensed Professional Engineer registered in the State of Michigan.
All civil/structural work shall be designed in accordance with the Agreement, Laws, Prudent
Wind Industry Practices, applicable codes, standards, Turbine Supplier requirements, and
governing regulations.

2.2

Geotechnical Investigation

The Contractor shall prepare a complete geotechnical investigation, materials analysis, and
report for the wind farm. The investigation will include evaluation of each Turbine location; the
roadway base, laydown area(s), meteorological tower locations, substation location, O&M
Building (if option selected), and public roads to evaluate subsurface conditions, including the
soil properties for thermal and electrical resistivity, to determine the adequacy of the soils for
construction means and methods. Locations of soil boring shall be surveyed and listed on the
soil boring log, and the Michigan State Plane Coordinate system shall be used for the horizontal
and the North American Vertical Datum shall be used for the vertical datum.
Contractor shall submit the Geotechnical Investigation Report to the Owner for review. The
Contractor shall prepare foundation boring logs based on drillers field boring logs and shall
contain all laboratory test results for each test boring. Samples obtained during the
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Geotechnical Investigation shall be stored in such a manner so as to preserve moisture content


and overall integrity of the sample for the length of the project. Samples shall be made available
to Owner upon request.

2.3

Design Loads, Load Combinations, and Factors of Safety

The following criteria apply to the balance of plant equipment. The wind Turbine design
loadings shall be based on Turbine Supplier requirements as included in Exhibit B-1.

2.3.1

Design Loads

The Applicable Building Code and this section shall govern the requirements regarding
loads and load combinations in the design of balance of plant buildings and structures.
The loads specified herein are the minimum loads to be considered in the design. If
applicable building and design codes differ from these requirements, the more stringent
of the two requirements shall govern.
Design loads shall include all loads that are defined in the applicable chapter of the
latest version of the IBC. In addition to these loads, crane pads, buried piping, box
culverts, and embankments shall be designed for wheel and crawler loads. Typically,
the minimum roadway design loads are based on AASHTO HS20-44 loads, in general,
or more specifically the loads provided by the Turbine Supplier in Exhibit B-1 and other
Turbine Supplier drawings. However, where appropriate, crawler crane loads often
exceed the more typical HS20-44 loadings and therefore all areas to have crane traffic
must be evaluated and designed by the Contractor to meet the specific loading
conditions for crane and crane-load combinations, these include crane pathways
between Turbine locations, crane assembly and disassembly areas, and crane pads used
for turbine erection.

2.3.2

Load Combinations

As a minimum, buildings, other structures and individual structural members shall be


designed for the most critical effects from the load combinations specified in the latest
version of the IBC. For WTG design, gravitational, inertial, aerodynamic, actuation, and
other live loads shall be considered in accordance with IEC 61400-1, these loads shall
subsequently be applied to foundations and other civil structures in accordance with
IBC. The effect of impact loads shall be included in the load combinations for dead, live
and seismic or wind loads where appropriate. Impact, however, shall not be used to
reduce uplift or overturning conditions.
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The earthquake loads to be used in the load combinations shall be determined in


accordance with the provisions of Section 1613 of ASCE 7. Appropriate seismic force
amplification factors and reliability/redundancy factors shall be used to determine these
effects.

2.4

Foundations
2.4.1

General

The Contractor shall be responsible for the design, installation, and testing of all
foundations required for the Project. All foundations shall be installed to meet the latest
versions of the IBC, ACI 301 and 318, 2006 Michigan Building Code, and the PostTensioning Institutes Post-Tensioning Manual 6th Edition. Foundation designs, plan
and detail drawings and calculations shall be performed by or under the direct
supervision of a Professional Engineer licensed in the State of Michigan.
Results of the full-scale geotechnical study to be provided by the Contractor shall be
utilized to predict the bearing and settlement characteristics of the soils. Criteria shall be
established to permit design of the most economical foundation that is compatible with
life expectancy and service of the building, equipment or structure. It is expected that all
foundation designs will be based on a sufficient number of soil borings. A minimum of
one soil boring or CPT test is required at each Turbine Foundation. If the site soil
conditions vary (based on local experience of a Professional Engineer registered in the
State of Michigan and proficient in geotechnical practice), 2 to 3 borings shall be
completed at the outer edges of the proposed WTG foundation. Each soil layer that
contributes to the foundation stiffness and settlement must be thoroughly tested.
Where soils of insufficient strength or stiffness to meet the foundation design basis
minimum(s) are encountered they shall be excavated and replaced with competent
material meeting the foundation design requirements, or alternate improvement
methods may be acceptable pending Owner approval. Contractor will establish a
quality control program to test, verify, and document adequate subgrade soil conditions
prior to foundation construction. Appropriate measures shall be taken to ensure the
stability of the excavation is maintained, e.g. appropriate slopes, dewatering with
pumps as necessary, etc. If a dewatering system is used, the system shall be designed by
a Registered Professional Engineer, licensed in the State of Michigan. The design shall
ensure that settlement of the site is not caused by removing fines from the soil, boils
from the bottom of the excavation or side walls, or consolidation of sub soils from an
increase in effective stress. All foundation excavations shall be free from deleterious
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material and shall be inspected and approved by a registered Professional Engineer


licensed in the State of Michigan and proficient in the geotechnical field prior to the
placement of any concrete.
All foundation designs and calculations shall be reviewed by the Owner.

2.4.2

Wind Turbine Generator Foundation Requirements

Foundations shall be reinforced concrete and designed to support loads imposed. The
Turbine Supplier has developed detailed design criteria and loading documents for the
Turbine Foundation design, included as Exhibit B-1. Contractor shall prepare final
drawings of the Turbine Foundation for review by the Turbine Supplier and the Owner.
Contractor shall also prepare a design calculation packet for review by the Owner that
meets the requirement of Exhibit B-1.

2.4.3

Collection System Substation Foundations

Foundation designs, plan and detail drawings and calculations shall be performed by or
under the direct supervision of Professional Engineer licensed in the State of Michigan.
Foundations shall be designed using reinforced concrete to resist the loading imposed
by the building, structure or equipment being supported. The foundation design shall
incorporate the following considerations:
-

Allowable soil pressure based on bearing pressure and theoretical settlement.

Pile or pier capacities.

Active and passive lateral earth pressures.

Allowable settlements of the foundation system based on service limits of the


equipment.

Structure, equipment and environmental loadings.

Equipment performance criteria.

Access and maintenance.

Temporary construction loading.

Foundations shall be designed using static analysis techniques assuming rigid elements
and linear soil pressures distribution such that the allowable settlement and bearing
pressure criteria are not exceeded. Foundations shall be proportioned so that the
resultant of the soil pressure coincides as nearly as possible with the resultant of the
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vertical loading. The minimum factors of safety against overturning and sliding shall be
2.0 and 1.5, respectively.
Geotechnical exploration, testing and analysis information shall be used to determine
the most suitable foundation system. Elastic (short term) and consolidation (long term)
foundation settlements shall be calculated and limited to the approximate design values:
-

Total settlement - 1-1/2 inches.

Differential settlement - 0.1 percent slope between adjacent column support


points.

Main transformer foundations shall be reinforced concrete foundations within a sealed,


reinforced concrete pit or collection area provided to retain any oil that may be
accidentally released from the transformer. Each transformer area shall be provided
with a drainage sump for the collection of liquid within the containment area. The
containment system design shall also allow for oil/water separation.
The overall dimensions of the transformer containment area shall be established to avoid
oil contamination of the surrounding soils in the event of transformer failure and to
allow for adequate installation, removal, operation, and cooling of the transformers.
The minimum containment volume will be the maximum of the transformer oil capacity
plus accommodate a 25-year, 24 hours storm event or 110% of the transformer oil
capacity.
The ground surface surrounding the main transformer area will be graded for positive
drainage to convey precipitation away from the transformer pit.

2.5

Concrete
2.5.1

General

All concrete elements shall be installed in accordance with ACI 301 and 318 and other
pertinent standards as listed in Section 2.
All concrete Work specified herein shall be performed under the personal and constant
supervision of a competent Construction Superintendent or Foreman experienced in this
type of Work. The Owner shall be notified sufficiently in advance of the scheduled time
for concrete placement to permit review or approval of forms and reinforcement before
concrete is placed.
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Structural concrete shall have the minimum compressive strength at the respective
specific curing date interval(s) specified by the designer. The mix design shall account
for any corrosive environment and all requirements for dense durable concrete use of
fly ash is only acceptable if allowed in the design and mutually agreed, in writing, with
the Owner. Mix selections and proportions shall be established based on the provisions
of ACI 301.
The Contractor shall submit mix designs, including test records of the submitted mixes,
for review in accordance with ACI 318 prior to any production of concrete for
foundations. Only concrete mixes approved by the Structural Engineer of Record and
the Owner shall be used in foundations covered by this specification.
Concrete shall have surface finishes specified according to ACI 301 recommendations.
All concrete works, rejected by the Structural Engineer of Record in accordance with
ACI 301 shall be removed and replaced at the Contractor's cost.
Concrete to be placed on the ground shall have the site prepared with a compacted
structural fill bearing layer, where required by the Geotechnical Engineer.
All concrete shall be properly protected and maintained during the curing period in
accordance with the design and QA/QC specified by the Structural Engineer of Record.

2.5.2

Mass Concrete Pour

Contractor shall submit a mass concrete placement plan to Owner for review and
acceptance a minimum of fourteen (14) days prior to mass concrete placement. This
plan must be developed by an engineer for the Contractor who is currently a registered
Professional Engineer in the State of Michigan. The Mass Concrete Placement Plan must
be submitted, reviewed, and accepted before permit to place will be authorized. The
Mass Concrete Placement Plan must contain, but is not limited to the following:

Mix Design and proportions.

Procedures to control concrete temperature at time of placement.

Duration and method of curing.

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Method for controlling maximum concrete temperature and temperature


differentials within appropriate levels per ACI and other appropriate industry
standards.

Temperature sensor types and locations.

Temperature monitoring and recording system.

Construction
Prior to construction, a registered Professional Engineer for the Contractor must inspect
and test the temperature monitoring and recording system. The Contractors engineer
must be present at the jobsite when the mass concrete operation is in progress and must
report to the Engineer in writing, on a daily basis, the progress of the operation.
The temperature monitoring and recording system for mass concrete must consist of
temperature sensors connected to a data acquisition system capable of storing and
downloading data to a computer. Temperature sensors must be located such that the
maximum temperature differential within a mass concrete element can be monitored.
Record temperature readings automatically at a minimum of 30 minute intervals. A
redundant set of sensors must be installed near the primary set. Provisions must be
made for recording the redundant set, but records of the redundant sensors need not be
made if the primary set is operational. Submit the data to Owner daily.
Ensure that the methods of concrete consolidation do not damage the temperature
monitoring and recording system. Protect wiring from temperature sensors cast into the
concrete to prevent movement. Keep wire runs as short as possible. The ends of the
temperature sensors must not come into contact with either a support or concrete form,
or reinforcing steel. Immediately correct failures of the temperature control and
monitoring and recording system that may occur during the mass concrete construction
operation, as specified in the Mass Concrete Placement Plan. Failure to conform to the
temperature requirements will be cause for rejection of the concrete.

Acceptance
Owner's review and acceptance of the Mass Concrete Placement Plan does not relieve
the Contractor of the responsibility for achieving compliance with this specification.

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Failure to conform to any of the temperature requirements in this specification may


result in rejection of the mass concrete element, as directed by the Owner. The rejected
mass concrete must be removed and replaced at the Contractors expense. Modify the
Mass Concrete Placement Plan to correct the problem and resubmit the revised plan for
Owner's review and acceptance.
Allow Owner two weeks for review and approval of the revised Mass Concrete
Placement Plan. Mass concrete placement will not begin until Owner has approved the
revised Mass Concrete Placement Plan. No extension of time or other compensation will
be made for any rejected mass concrete element or revisions of the Mass Concrete
Placement Plan.

2.5.3

Measures to Prevent Alkali-Silica Reaction & Alkali-Carbonate Reaction:

Contractor's mix design shall consider alkali-silica reaction (ASR) and alkali-carbonate
reaction (ACR). Mix design shall identify and control ASR and ACR in concrete.
Cement, pozzolans, and aggregate shall be selected for chemical stability.
Minimum Mix Design Requirements:
1. Portland cement shall have low alkali content, Na2O shall be less then 0.6%.
2. Any fly ash used as replacement of cementitious material shall be Class F fly ash.
3. Contractor shall test the potential for deleterious alkali-silica reaction of cementitious
materials and aggregate combinations in mortar bars. Refer to ASTM C 1567,
(accelerated mortar-bar method). Test results shall be submitted to the Owner for
review and acceptance.
4. Contractor shall either test the aggregate source for carbonate reactivity by
performing rock cylinder tests, ASTM C 586 or select an aggregate that has a history of
low alkali carbonate reactivity that is justified by petrographic examination data. Test
results or aggregate history shall be submitted to the Owner for review and acceptance.

2.6

Site Requirements
2.6.1

Temporary Facilities

Contractor shall furnish all construction and temporary facilities, equipment, materials,
and supplies required for the Work that are not noted as being supplied by the Owner.
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All temporary structures and facilities provided by the Contractor will remain the
property of the Contractor. When the Works are complete, all such temporary
structures, buildings, concrete slabs and footings, tools and facilities shall be removed
from the Project Site, and the areas involved shall be restored to their original or
intended condition.
All Contractors temporary facilities shall be located on the Project Site. Contractor shall
prepare the area to be used during construction for temporary office trailers, parking,
lay down areas, storage, etc. The Contractor shall provide temporary structures for
Contractor, Owner and Turbine Supplier as well as other subcontractors offices,
changing rooms, toilets, warehouses and other facilities as determined by the Owner.
These facilities shall be regularly and systematically maintained and cleaned throughout
the project to ensure proper and efficient operation.

2.6.2

Services for the Owner

The Contractor shall establish at the Project Site, temporary office facilities for the
Owner and Turbine Suppliers personnel during construction.
Spatial separation of the trailers and other occupied structures shall comply with
applicable codes.

2.6.3

Lay Down and Storage

Area(s) within the Project Site shall be allocated by Owner for lay down and storage use
by the Contractor. The Contractor shall develop these areas and shall provide any
necessary security, lighting, and construction power. All main laydown areas must be
approved by Owner.
All platforms, enclosures, shoring and weatherproof coverings for storage use, shall
remain the Contractors property and shall be removed upon completion of the project.

2.6.4

Temporary Construction Utilities

The Contractor shall be responsible for obtaining construction electrical supplies and
shall pay for all construction power required to perform the Work including generators,
transformers, breakers, disconnects, cables, etc. Owner to provide power to the
boundary of the laydown area.

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The Contractor shall provide and maintain a system of temporary lighting adequate for
nighttime visual observations and security for use in the general construction areas.
Contractor shall provide and maintain electric power, phone service, Internet service
(T-1 or better) for construction trailers.
The Contractor shall be responsible for supply of water and for distribution of all
construction water on site. The Contractor shall pay for all water required to perform
the Work and this costs is included in the Contract Price.
The Contractor shall supply all fuel required for construction equipment.
The Contractor shall supply a construction communication system as required by the
Contractor for control of all construction activities.
The Contractor shall furnish portable toilets for use of all site construction personnel and
shall provide for disposal and comply with all applicable regulations.
The Contractor shall provide for the proper disposal of construction rubbish and waste
materials from the Project Site including the obtaining of any required permits.

2.6.5

Temporary Fences and Gates

The Contractor shall erect and maintain, at his own expense, suitable and approved
temporary fencing as Contractor deems necessary to enclose the Work.
Temporary fences shall be removed after the completion of the construction.

2.6.6

Construction Tools and Equipment

The Contractor shall provide all tools, hoists, cranes, bulldozers, air compressors, trucks,
welding machines, power tools, jacks and all other general or special tools, construction
machines, or equipment required for the Work. Owner shall provide only the
specialized turbine manufacturer tools and equipment as provided by the Turbine
Supplier.

2.6.7

Signage

Contractor shall install signs at each turbine site clearly indicating the respective turbine
number. Contractor shall also provide temporary signs at public and site access road
intersections to provide direction to turbine locations; and at the appropriate locations
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on public roads to indicate that no wind project traffic is allowed along these roads.
These signs shall remain in place throughout the construction period.
Contractor shall provide and install permanent road markers so that the roads can be
identified during the periods of high flood, snow etc. where driving will be necessary to
maintain turbine(s).
The Contractor shall erect and maintain such danger signs, signals, lights, guards and
notices as may be necessary to adequately protect Contractors work and personnel
against injury or property damage.
The Contractor shall provide warning signs as required per National Electric Code.
Contractor shall provide and install E-911 address signs in accordance with local
authority requirements.

2.6.8

Site Fire Protection

The Contractor shall develop and maintain a fire response plan in concert with the
Owner and local authorities as part of the emergency response plan.

2.6.9

Final Clean up

The Contractor, upon completion of construction, shall remove all tools, equipment, and
surplus materials. All temporary structures, buildings, temporary concrete footings and
slabs, and scaffolding furnished by the Contractor in the course of the construction shall
be removed and the involved areas shall be restored to their original condition.

2.7

Site Preparation
2.7.1

General

Contractor shall employ a competent individual to demarcate environmentally


significant areas prior to Contractor commencing work in the area. Contractor shall be
responsible for protecting these environmentally sensitive site areas and complying with
the conditions of the related permits during construction.
Owner has not identified any archeologically sensitive site areas. If historic, cultural or
archaeological resources are found during excavation or other construction work,
Contractor shall immediately stop work in that location and notify Owner. The
Contractor shall assist the Owner, at Owners expense, in remediation and mitigation of
archaeological issues should they be encountered. However, the Contractor shall
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reassign construction resources to other locations to maintain the schedule and minimize
costs.

2.7.2

Project Site Survey

The Owner will provide survey data that has been acquired to this point in the Project.
Owner will provide the project survey identifying Section Lines, parcel boundary lines,
public and private infrastructure; and Turbine coordinates. In addition, the Owner will
provide an aerial survey conducted for a portion of the project area, included as Exhibit
A-6. The survey information such that it is being provided for information only and that
the bidder is responsibility to verify the accuracy and the Owner will not be responsible
for any damages that result from the use of this information.
The Contractor shall install and maintain reference points and take all measurements
necessary to confirm the proper location of foundations, environmentally sensitive area
staking, equipment and interface locations and all other dimensions critical to the
completion of the Work.
The Contractor shall locate all underground utilities and pipelines prior to the start of
excavation activities.

2.7.3

Project Site Clearing and Grubbing

The Contractor shall clear the site area of all vegetation, and shall cut, fill and/or grade
the area within the Project Site as necessary and sufficiently to achieve finished grades in
accordance with the Contractors design. Clearing must not unreasonably exceed that
necessary to complete the Work.
Before removing topsoil, reduce all vegetation to a height approximately 6 inches.
Cleared grass or soft materials shall be pushed to the limits of the construction boundary
and shall remain onsite. These materials shall not be removed, disposed, or transported
in or around the Project Site. Cleared shrubs/trees, rocks, litter, or any hard materials
shall be collected, removed, and disposed in accordance with landowner instructions
and local and state regulations.
Locate and shape topsoil stockpiles outside of the drip line of preserved trees. Locate
topsoil stockpiles away from drainage courses and waterways and no fill shall be placed
in wetlands. Contractor shall identify and mark wetland boundaries based on wetland
delineation to be provided by Owner. All site grading shall substantially conform to the
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erosion and sediment control plan Storm Water Pollution Prevention Plan (SWPPP) and
associated permit(s) for the site.
Contractor shall strip and stockpile the topsoil for re-placement as part of restoration
activities. The spoils from road construction, collection system trenching, substation civil
works, and foundation excavation shall be utilized to contour and regrade the site.
If required, fill material shall be provided by the Contractor. The fill material shall be
suitable for its intended application as determined by a Professional Engineer licensed in
the State of Michigan
The Contractor shall dispose of all construction solid waste debris in accordance with
landowner instructions and local and state regulations, e.g. into permitted landfills.

2.7.4

Erosion and Sedimentation Control

Contractor shall take appropriate actions during construction to reduce soil erosion in
accordance with the permits listed in Exhibit C.

2.7.5

Project Site Drainage System

The drainage for the Project Site shall be designed to collect and transport all runoff
away from the Contractor facilities, as much as possible within the limitation set out in
the land lease agreements.
Road culverts and drainage systems shall be designed in accordance with local and state
requirements.
Runoff from all site roads, parking areas and any areas liable to be contaminated by oil
shall be discharged in accordance with the SWPPP referenced in Exhibit C. If treatment
of any oily water is required by the SWPPP, then the Contractor shall provide collection
and treatment systems before discharge.
Site drainage shall be provided to ensure that water does not pond on or near the
project facilities constructed by the Contractor. Special attention shall be paid to wind
turbine foundation areas, substation areas, O&M facilities, crane paths, crane pads, and
access roads.

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2.7.6

Excavation

Excavation of soil and rock shall be performed as required for foundation construction
and utility installation. Dewatering shall be performed as required and in accordance
with the SWPPP and other applicable permit(s).
Excavated materials suitable for backfill shall be stored in stockpiles at designated
locations or as provided by applicable permits. Unsuitable material or excess material
shall be tested in accordance with applicable regulations and properly disposed of at a
site agreed to by the Owner.

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2.7.7

Backfilling

Areas to be backfilled shall be prepared by removing unsuitable materials. Only


material meeting the MDOT 2003 Standard Specification for Construction Granular
Material Class II can be used for backfill beneath structures. Backfill around and above
foundations shall meet the Structural Engineer of Records specifications for density to
resist overturning and be equivalent or lesser permeability than surrounding materials
to prevent build up of groundwater around the foundation.
The bottom of an excavation or trench shall be tested to reveal loose or soft areas. Such
areas shall be fully excavated and backfilled with compacted MDOT Granular Material
Class II. A Turbine Foundation shall bear on only one type of material, granular or
cohesive. Backfilling shall be performed in uniform layers 6 inch depth. Soil in each
layer shall be properly moistened to the optimum moisture range. In order to verify
compaction, representative field density and moisture-content tests shall be taken
during compaction.

2.7.8

Compaction

All areas under structures shall be compacted as specified by the engineer of record in
the load bearing area. The load bearing area is the area within the 1:1 slope down from
the outer limits of the bottom of the footing to the bottom of the excavation.
Place all backfill behind and around substructure units bounded by the outer limits of
the bottom of the footing and the surface elevation in layers not more than 6 inches
deep. Soil shall be compact as specified by the engineer of record and/or professional
engineer licensed in the State of Michigan.
Roadways shall be compacted as defined by the engineer of record; other disturbed
areas to receive aggregate surfacing shall be compacted as specified by the engineer of
record.

2.7.9

Site Grading

The final site grade shall be the existing finished site elevation or as defined on project
drawings or permit documents. Excess or unsuitable excavated material shall be
removed from site or thin-spread if approved by Owner and Landowner.

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2.7.10 Finish Grading


Finish grading shall be performed to conform to the finished design elevations or
surface drainage and to prepare the areas to receive the specified surface finishes.

2.8

Roads and Construction Areas


2.8.1

General

Permanent access roads shall be provided within the site to provide adequate access to
each Turbine, the substation, the O&M Building (if option selected) and meteorological
towers from the public road right of way. If the layout incorporates any existing access
roads, they shall be maintained as required during the construction period. On
completion of the project such section(s) shall be returned to a standard the same, or
higher, than when the project began and will be left fit for purpose. The remainder of
the access roads shall be designed, in accordance with the design criteria specified in this
section, to be capable of carrying all the vehicles likely to be used during construction
and throughout the life of the Project.
Contractor shall verify all existing bridges and culvert crossings are sufficient for the
intended project use and anticipated loadings.
Conceptual Layout Drawings for the access roads are included in Exhibit A-2. The
Contractor is responsible for finalizing the access road routes, public intersection
improvements, and all other design for the civil works.

2.8.2

Turbine Trailer Access and Turbine Supplier Requirements

Contractor shall design and construct access from the existing public roads to be
sufficient to allow access of tractor / trailer units and Turbine shipments and meet or
exceed the Turbine Suppliers written requirements in Exhibit B-1. The Contractor shall
modify the existing public roads, as required, at the Project Site to allow the delivery of
concrete, steel, and Turbine components to the respective turbine locations. Any
modifications to the existing public road should meet all applicable State DOT and local
jurisdictional requirements. Any permits required for modification of the public roads
shall be obtained by the Contractor prior to the commencing the work.

2.8.3

Turbine, Meteorological Towers Access and Crane Pads

Contractor shall provide permanent access roads to each Turbine location and
meteorological tower location. Contractor shall install crane pathways as required to
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facilitate crane movement. Contractor shall scarify and reseed the temporary shoulders
and cleared crane pathways to pre-construction conditions at the completion of the
project, except where land is in active agriculture use.
Contractor shall locate, design and construct component offloading and turbine erection
crane pads and turbine component staging and assembly areas. The location and layout
shall be reviewed by Owner. If aggregate is used for the crane pads it shall be removed
during restoration activities.
Contractor shall compact a sufficient erection and turbine component laydown area at
each turbine site to allow for orderly turbine erection in accordance with Turbine
Supplier requirements as listed in Exhibit B-1.

2.8.4

Road Tests

Contractor shall undertake all tests required by the engineer of record to demonstrate
roads and crane pads are fit for purpose and loadings.
Roadway material and construction shall meet all requirements of the performance
criteria set forth in this Section. Contractor shall be responsible for suitability of site
roads to provide proper access during construction period.

2.8.5

Road Repairs

Contractor shall be responsible for the prompt repairs of any damage to the public roads
and access roads caused during the Work including that caused by expected
precipitation and run-off.
The Contractor shall be responsible for the repair of any damage that may be caused by
those who are contractually obligated to Contractor during the construction and any
damage to access roads caused as a result of normal Turbine Supplier transportation.
All modification and repair of public roads shall be in accordance with the appropriate
MDOT and Mason County Road Commission requirements.

2.8.6

Road Location

Access road locations are indicated on the maps included in Exhibit E-2 and E-3. The
Contractor is responsible for the final selection of the road routes, considering wetlands,
other environmental conditions, and landowner agreements. The routing shall be
subject to review and approval by the Owner.

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2.8.7

Road Design
Objectives of Road Design
The Contractor shall:
1.

Facilitate building roads in the best locations to meet the projects needs
during its whole life cycle and minimize environmental impacts on
natural resources.

2.

Ensure that the proper standard of road is constructed to facilitate the


projected use, loading, and traffic density conditions without
overbuilding or excessive cost.

3.

Take advantage of existing road routes and systems where appropriate

4.

Design roads that are economical to construct and maintain.

5.

Provide drainage that removes water from the road prism before it can
cause problems via erosion or standing water that could degrade
subgrade strength and that shall:

6.

2.8.8

Allow uninterrupted use of roads during the project construction


and erection period

Allow the use of roads during all seasons of the year for project
operation and maintenance.

Minimize the impact on water quality and aquatic habitat that is


caused by roads.

Maintain the stability of slopes that are impacted by roads.

Minimize the disruptions to natural drainage patterns.

Reduce the amount and cost of road maintenance.

Minimize the impacts if drainage failures occur.

Ensure efficient, economical construction of the project.

Road Prism Design

Roads shall be no wider than necessary to accommodate the anticipated use. Roads
shall be designed to be constructed with a balanced cut and fill cross section where
possible and where this does not pose a risk of slope instability. Where a balanced cross
section is not used, excess excavation material shall be used in the road design, when
possible, and not wasted. Designs shall call for full bench construction and end-hauling
of excess excavation material when roads are located on steep slopes and/or high-risk
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sites. To prevent fill failures, road designs shall provide for stable fills by using
compaction, buttressing, subsurface drainage, rock facing, or other effective means.

2.8.9

Road Drainage

Good road drainage is one of the most important features designed into a road. The
prompt removal of water from the road prism shall help avoid many problems related
to road construction and maintenance.

2.8.10 Surface Drainage


Good road surface drainage is important for keeping siltation to a minimum and to keep
subgrades firm and stable to support the designed loads. Water intercepted by roads
shall be returned to natural flow processes as quickly as practical. The running surface
of the road shall be designed for the anticipated use. The running surface and subgrade
shall be shaped to move water off the road and road subgrade surface. Roads that will
be open and used for hauling during wet weather shall have rocked surfacing that will
provide subgrade reinforcement and resist the erosive effects of water. Methods of
achieving this are listed below.
Contractor shall obtain permits from local, state, and/or federal jurisdictions as
necessary for any required drainage improvements.

2.8.11 Design of Stream/Wetland Crossing Structures


Contractor shall design and obtain permits for any necessary stream/wetland crossing
structures. Any crossing structures shall be installed in accordance with state, local, and
federal requirements and permits.
A.

Crossing structures shall protect aquatic and riparian habitats and provide fish
passage, as well as preserve the stability and use of the road. The following
requirements shall be met when designing crossings:
1.

Streams shall be kept in their natural channel and not diverted to crossing
structures.

2.

The number of acres in the drainage above the stream crossing structure
shall be determined from orthophotos, maps, aerial photography, or
other comparable methods.

3.

As a minimum, all new stream crossing installations or replacements of


existing crossings shall be sized to pass stream flow levels as predicted by
the 50-year storm return interval.

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4.

All permanent bridges and culverts shall be designed and approved by a


licensed civil engineer.

2.8.12 Road Requirements


Detailed requirements for permissible slopes, bumps, bearing capacities, turning radius,
crane swings, and pre-assembly areas are provided by the Turbine Supplier, and are
included in Exhibit B-1. The Contractor shall prepare designs and drawings showing all
temporary access, permanent access, crane layout, and pre-assembly areas for approval
by the Turbine Supplier and the Owner.

2.8.13 Maintenance and Protection of Traffic Routes


The Contractor shall develop plans in regards to required maintenance and protection of
traffic devices required for public roadways.
The Contractor shall coordinate, utilize, and perform traffic control with the MCRC
and/or MDOT requirements. There shall be no lane closures without prior approval
from the MCRC or MDOT. Such closures shall be in accordance with MDOT and MCRC
rules, regulations, authorizations, and permits.

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Section 3
Collection System
3.1

General

Conceptual layout drawings for the Collector System Circuits are included in Exhibit E-2.
Drawings include general locations and arrangement for all Turbines, Collection System
Circuits, and the Collection System Substation. They were based on the following concepts:
A.

Aluminum cables and conductors.

B.

The MV system voltage selected is 34.5kV

C.

Underground cable ampacity shall be in accordance with the Contractor design.

Where the collection system utilizes direction drilling (e.g. to cross roads, water ways, etc.) the
cable rating shall be adjusted appropriately. The Contractor is responsible for finalizing the
route, cable types and sizes as well as verifying the above assumptions and completing the
design.
All collection facilities shall be designed, manufactured, constructed and tested to meet or
exceed the latest revision of the applicable National Electrical Code, National Electrical Safety
Code, American National Standards Institute, Institute of Electrical and Electronics Engineers,
Underwriters Laboratories, National Electrical Manufacturers Association, MIOSHA/OSHA
and other local, state and federal standards.
The Collection System Circuit conductors shall daisy-chain connect the Turbines to the
Collection System Substation. The voltage of the system shall be 34.5kV (unless the Contractor
shows a sound techno-economic reason to use another voltage), the number of daisy-chains,
their configuration and the size of the cables shall be optimized by the Contractor to provide a
safe cost-effective system consistent with Prudent Wind Industry Practices.
All underground and overhead collection facilities shall be constructed to allow for safe
operation of the project, ease of maintenance and the cost effective (in terms of life cycle costs)
collection of the energy from each turbine and its delivery from the medium voltage (MV)
switchgear to the substation.
Preferred normal and minimal electrical clearances from energized parts shall be in accordance
with the latest editions of ANSI, NEC, and NEMA.
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3.2

Collection System Specific Requirement


3.2.1

Project Medium Voltage and Basic Impulse Level

The design typically shall be as follows (the remainder of this document assumes a
34.5kV system).

3.3

Nominal, kV

34.5

Operating, kV

34.5

Maximum, kV

38 (110%)

BIL, kV

200

Maintainability

The following features shall be incorporated in the design to ensure maintainability.


Direction indicating fault indicators will be installed at:

Each feeder breaker,

Each cable riser,

The outgoing cables from each Junction Box,

Such that no more than ~10MW or 5% of the project output is connected between Fault
Indicators.

Sufficient cable length shall be provided that the cables can be re-terminated at least two (2)
times after construction. The extra cable shall be installed in a basement or a vault below the
switchgear, junction box etc., or shall be installed by use of an S curve leading up to conduit
entry to Turbine or to Junction box etc. If an S curve approach is adopted the majority of the
trench depth backfilled with sand to enable easy excavation later and a permanent label/tag
shall be installed to indicate that this technique is used. This requirement also applies to the
feeder breaker cables in the substation, although (i) the extra cable can be located outside the
substation fence at the end of any conduit runs with the approval of the Owner and (ii) the
cable support and termination shall be designed such that if the termination needs to be
replaced this can be done by using a short copper link to make up the distance between the new
cable termination and the associated equipment landing position.

3.4

Turbine Transformer Switchgear and MV Cabling

Contractor to install appropriately sized Medium Voltage (MV) down Tower switchgear in the
base of each Turbine (switchgear provided by Turbine Supplier). The Contractor shall supply
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and install all MV cabling up to the Turbine MV switchgear located in the base of the Towers (if
utilized), and shall also connect the OEM supplied MV cable from the nacelle mounted
transformer in accordance with the Turbine Suppliers specifications.
The MV cable connections to the Turbine switchgear shall be such that any Turbine can be
safely by-passed if a particular Turbine needs to be electrically isolated.

3.5

Fault Indicators

The Collection System Circuits shall contain fault indicators in accordance with Section 3.4 and
shall be designed such that a collection system fault does not require that the lesser of ~10% of
the installed capacity or ~5MW of name plate capacity is removed from service for long periods
such that a repair can be implemented. Thus, the final design shall incorporate appropriately
located directional fault indicators and may require pad mounted or pole mounted switches. It
is expected that the Contractor and Owner will discuss this requirement during the design
phase to agree on an optimized arrangement.

3.6

Collection System Grounding

If the MV system has a delta configuration, grounding transformers shall be incorporated at


appropriate locations through the collection system to ensure it is effectively grounded in the
event that a 34.5kV circuit-breaker in the project substation trips. For other Wye connected MV
systems the Contractor shall verify with studies that the Temporary Over Voltages (TOVs) seen
by the MV cables are within limits. The Contractor shall size the grounding transformers based
on short-circuit duty and TOV studies.
The Owner may accept feeder breakers with integral grounding switches in lieu of grounding
transformers.

3.7

Load Loss Design

The Collection System Circuits shall be designed such that the annual average load losses
measured from the generator terminals up to the high side of the main power transformer shall
target 2.0 percent of the cumulative energy generated. To be clear, the electrical target loss limit
of 2.0 percent shall include electrical losses from the in-nacelle transformer, Tower cable, 34.5
kV collection system, grounding transformers (if utilized), and the 100 MVA main power
transformer. The annual average load losses shall be calculated based on: 1.) Turbine Energy
Production Frequency Distribution as provided in Appendix I to this Exhibit A; 2.) Turbine
Supplier specifications included in Exhibit B-1; 3.) Contractors Collection System Circuits and
Collection System Substation design; and 4.) Main Transformer specifications as provided in
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Exhibit B-2. Contractor shall submit design calculations demonstrating that Contractors design
will meet the guaranteed annual average load losses as specified in this section.

3.8

Collection System Equipment


3.8.1

34.5kV Cable

The project shall utilize jacketed, single-conductor, concentric-neutral, medium-voltage


underground distribution power cable insulated with tree-retardant cross-linked
polyethylene with the following minimum requirements shall be used. This cable shall
be of a discharge-free design and suitable for direct burial, installation in duct, and
exposure to sunlight on an alternating current, three-phase, 34.5 kV nominal, 60-Hertz
power system.
The specification for the cable is included as Appendix F to this Exhibit A.

3.8.2

Collection System Ground Wire

An appropriately sized ground conductor shall be routed throughout the collection


system and shall be laid in the same trench with the power cable. Contractor shall
specify the ground wire to be utilized, taking into consideration the corrosive nature of
the soil and groundwater table (if any).

3.8.3

Cable Accessories, Terminators, Dead Front, Load Break and/or Dead Break elbows

Such equipment shall be designed and manufactured for the cable to be utilized and
rated for outdoor 35kV use. All cable accessories shall be suitable for Dead Front, Load
Break and/or Dead Break elbows and shall be supplied with test ports in addition to
fault indicators (per the requirements above).
3M (Cold Shrink) and Raychem (Heat or Cold Shrink) are preferred manufacturers of
CE splices. Cooper Power Systems (Cold Shrink with Deadbreak termination pieces) and
Elastimold (Molded) are alternative splicing options. For these manufacturers, the
following are approved splice and connector types for different conductor types:
-

4/0 AWG splice and connector, 34.5kV Al to Al

350 kcmil splice and connector, 34.5kV Al to Al

750 kcmil splice and connector, 34.5kV Al to Al

1000 kcmil splice and connector, 34.5kV Al to Al

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For Deadbreak terminations, Cooper Power Systems is CEs preferred manufacturer,


with Elastimold being an alternative manufacturer. For these manufacturers, approved
Deadbreak termination components include:
-

600 amp Deadbreak kit 4/0, 350, 750, and 1000 (called elbows for Elastimold)

Cable sealing kit

600 amp insulating cap

600 amp Stand-off plug with and without stud

600 amp connecting plug

600 amp 4-way junction

Portable Feed-thru

Cable adapter

For Livefront terminations, 3M is CEs preferred manufacturer, with Elastimond (Cold


Shrink), and Raychem (Cold and Heat Shrink) being alternative manufacturers. For
these manufacturers, approved Livefront termination components include:
-

Termination and connector, 4/0 AWG Al 34.5 kV

Termination and connector, 350 kcmil Al 34.5 kV

Termination and connector, 750 kcmil Al 34.5 kV

Termination and connector, 1000 kcmil Al 34.5 kV

3.8.4

Turbine Down Tower Switchgear (if required)

Install the Turbine down Tower switchgear (provided by Turbine Supplier) in


accordance with the Turbine Supplier Installation Instructions, as provided in
Exhibit B-1.
Turbine downtower switchgear shall be placed on the bottom platform of the Turbine as
per the Turbine Suppliers specs in Exhibit B-1.

3.8.5

FAA Lights

Contractor shall assist in preparing and submitting the required documentation to the
FAA for periods when FAA lighting is not operational during construction if needed.

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3.8.6

34.5kV Pad-Mount Switches (if utilized)

Field switches, used to sectionalize the collector system, shall consist of a single selfsupporting enclosure, containing three phase gang operated interrupter switches and
the necessary accessory components with the following minimum ratings:
System Voltage

BIL

34.5kV

200 kV

Continuous Current
600 A

Momentary Current
25 kA

The Contractor shall verify the amperage and short circuit ratings based on design
calculations.
The switchgear and accessories shall conform to the latest issues of ANSI, NEMA, and
MIOSHA/OSHA. In case of conflict ANSI takes precedence over NEMA. The
switchgear and any power fuses shall be in compliance with Article 490 of the current
National Electrical Code.
The enclosure shall meet ANSI C57.12.28 Pad-mounted Enclosure Integrity Standard
and shall be designed to prevent tampering, damage from accidental collision from the
public, moisture intrusion, accumulation of condensation and shall be properly labeled.
The switch and enclosure shall be grounded in accordance with IEEE Standard 80.
The switch shall be able to be visually inspected to verify its contacts are open, it is
tagged open, and grounding devices are applied to enable work to be performed safely
downstream of the switch.

3.8.7

Surge Arresters

Where separate devices are used; equipment surge arresters shall be station class for
cable terminations, transformers and overhead lines. Where the surge arrestors are
incorporated in T-body elbows/connectors they shall, as a minimum, comply with
IEEE Standard C62.11 IEEE Standard for Metal Oxide Surge Arresters for AC Power
Circuits and IEEE Standard 386 Separable Insulated Connectors for Power
Distribution Systems Above 600 Volts. Metal oxide type arresters shall be used.

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3.8.8

Pole-Mounted Switches (if utilized)

Field switches shall be 3-pole, gang-operated, vertical or horizontal break with the
following ratings:
System Voltage

BIL

Continuous Current

Momentary Current

34.5kV

200 kV

600 A

25 kA

The Contractor shall verify the amperage and short circuit ratings based on design
calculations.
Operating mechanisms shall be able to be locked in the Open and Closed positions.
Suitable ground protection shall be provided for the operator during operation of the
switch.

3.8.9

Junction Boxes

Junction Boxes shall consist of a single self-supporting enclosure, containing three phase
buswork (T-connector kits, 2, 3, or 4 point junctions etc) with the necessary accessory
components with the following minimum ratings:
System Voltage

BIL

Continuous Current

Momentary Current

34.5kV

200 kV

600 A

25 kA

The Contractor shall verify the amperage and short circuit ratings based on design
calculations.
The enclosure shall meet ANSI C57.12.28 Pad-Mounted Enclosure Integrity Standard
and shall be designed to prevent tampering, damage from accidental collision from the
public, moisture intrusion, accumulation of condensation and properly labeled. The
Junction boxes should have a parking stand for cable being worked on. The enclosure
opening should be long enough to properly remove the elbow from the bus.
The enclosure shall be grounded in accordance with IEEE Standard 80.

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3.9

Collection System Installation


3.9.1

Trenching

The underground cables shall be direct buried, preferably by rotary trencher method
installed in a trench to provide minimum soil cover of fifty five (55) inches running in
routes intended to minimize land disturbances. The fiber optic cable shall be laid in the
same trench as the 34.5 kV rated cables. Cable trench shall include power cable, fiber
optic cable, ground wire, and tracer. Alternative depths for the trenching may be
approved by the Owner based on a value engineering analysis to be conducted by
Contractor and presented to Owner.
The agricultural fields in this project are irrigated using a tile system which feeds into a
series of roadside ditches. After trenching through landowner fields, the contractor shall
be responsible for the repairs of any tile damaged by the trenching process. Where the
MV underground cable crosses tilled or non-tilled land, the topsoil shall be removed
prior to trenching, and shall be returned to the top of the trench after the non-topsoil fill
has been used as backfill. The surface of the trenched area shall be returned to the same
grade as the surrounding soil.
Any construction along roads, ditches, streams, etc. shall be in compliance with all local,
state, and federal requirements.
During construction the collection system trenches shall not be left open over night
unless expressly agreed in writing by the Owner.
The MV cable shall be run in conduit whenever it is above 36 inches below finished
grade (e.g. the exit from the wind turbine foundations)
Where the underground collection systems crosses County Road Right of Ways,
wetlands or streams, etc. it shall be installed using direction drilling and protected by PE
conduit sized and rated using the design criteria promulgated in the Plastic Pipe
Institute (PPI) Handbook, unless otherwise allowed under permits and as approved by
Owner. The road ROW crossings shall be in compliance with any additional
requirements from the appropriate authority and be marked at the edge of the road
ROW by appropriate permanent markers/stakes.

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3.9.2

Trench Backfill

The entire trench backfill must be thoroughly tamped to meet compaction requirements
for cable loading and structural integrity. Special care must be taken in the areas where
the thermal testing of soils in that area indicates a potentially high resistivity.
Appropriate bedding material shall be used to provide physical and thermal protection
for the buried cables.
Backfill shall include eight (8) inches of compacted sand under the cables and 16 inches
of compacted sand above the cables. Native soil can be used for the remainder of the
trench backfill except that all rocks and other debris larger than 2 inches removed. The
backfill should be compacted sufficiently to minimize settlement and to avoid erosion
due to storms. At the beginning of the trench backfilling operation, the Contractor and
the Owner shall determine the suitability of the native soil for use as backfill, and any
additional measures that may be required to ensure adequate compaction.
Alternative backfill details for the underground cable may be approved by the Owner
based on a value engineering analysis to be conducted by Contractor and presented to
Owner.
All excavated areas are to be thoroughly compacted in accordance with this Scope of
Work before surface restoration.
All grade surfaces that are disturbed shall be restored to essentially original condition
and to the satisfaction of the Owner.
Grass areas shall be seeded and protected as directed by the Owner.

3.9.3

Cable and Conduit Installation

The backfill around conduits must be free of rocks or other debris that could damage the
conduit. The excavated material may be used for backfilling unless it contains foreign
material that makes it unsuitable for use. If the excavated material is not usable,
Contractor will arrange for suitable fill material. Contractor will be responsible for
obtaining, loading, hauling, and placing the backfill material, and for disposing of any
unsuitable excavated material.
All conduit installed in open trenches shall, as a minimum, be Schedule 40 PVC. All
conduits shall be joined using standard couplings and adapters manufactured for the
purpose, and installed per the manufacturer's recommendations. The interior joint
surface shall be smooth to prevent damage to cables pulled past the joint.
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Conduit installed in directional boring operations shall be polyethylene electrical plastic


duct, with wall thickness as specified by the electrical Engineer of Record. All
polyethylene conduits pulled in to a single bore shall be one continuous length without
joints or couplings. Conduits can be fused.
Conduits under roadways or pipelines and certain other locations shown on the
drawings shall be placed by directional boring techniques with conduit installed in the
bored hole. Contractor is responsible for supplying and installing conduit as specified.
In addition, Contractor may elect to install additional cable by directional boring
techniques.
When cable is pulled into conduit, a suitable pulling lubricant shall be used. The cable
shall be protected at all conduit ends with suitable bushings, end bells, or with nylon
leader guards. All conduit ends that are located below grade shall be sealed with duct
seal.
Cable ends shall be sealed against moisture at all times using protective caps specifically
manufactured for the cable size and type being used. Sealing of cable ends by taping
without first installing the protective end caps is not permissible at any time.
The minimum bending radius of primary underground cable is twelve times the overall
diameter of the cable, measured to the inside cable surface in the bend. Contractor shall
take special care to avoid damaging cable by excessively sharp bends or by any other
means.
Owner reserves the right to inspect each cable or conduit segment prior to any backfilling. Contractor shall promptly correct any reported deficiencies to the satisfaction of
Owner.
Underground collection cables shall be installed using a triplexed cable configuration.
Alternative cable arrangements (e.g., flat) may be approved by the Owner based on a
value engineering analysis to be conducted by Contractor and presented to Owner.
The Contractor shall describe the measures taken to avoid cable damage while trenching
and laying cables.

3.9.4

Road, Utility or Oil and Gas Facility Crossings

Where the collection system crosses roads, utility or oil and gas facilities the installation
shall be in compliance with utility owners requirements and notification periods.
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However, the minimum cover over all direct buried primary cable, and conduit to
contain such cable, shall be 55 inches in private right of way and 55 inches in county or
state right of way. The minimum cover over conduits containing communications
cables or secondary cable, and conduit to contain such cable, shall be 55 inches. The
separation between new cables and other utilities shall meet the requirements of the
NESC.

3.9.5

Cable Tagging

The ends of all underground and overhead cables must be tagged by Contractor with
information designating their unique name, phase and location of the other end. All
cables and lines shall be given a unique name (approved by the Owner) and
appropriately marked.
All enclosed cables are to be tagged with identification cable ties to be approved by
Owner. Marking shall be done by neat and clear hand printing using an indelible
marking pen.
Cables that are exposed on riser poles shall be marked with a 3 diameter brass tag,
attached to pole near the terminators in a manner acceptable to the Owner. The tag shall
be embossed using a stamping set to create letters and numbers approximately 3/16
high. All tags, tie wires, and the required embossing stamp are to be supplied by
Contractor.
All tags shall be marked in with the type and identification of the equipment at the other
end of the cable. The following abbreviations should be used:
-

T-xx Turbine step-up transformer for Tower xx, or Turbine downtower switch
for Tower xx

GT-xx Grounding transformer xx

JB-xx Primary junction cabinet JB-xx

RP-x Primary riser pole RP-x

F-xx Substation switchgear, feeder cubicle xx

3.9.6

Cable Splicing and Terminating

All splices and terminations shall be made with the materials specified and installed per
the manufacturer's instructions and recommendations. No taped splices will be
permitted. The Owner reserves the right to inspect all splices/terminations before they
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are covered or concealed, and Contractor shall give sufficient notice to Owner to allow
such inspections. Contractor shall promptly correct any reported deficiencies to the
satisfaction of Owner.
All splices and terminators are to be installed by carefully following the instructions of
the device manufacturer. The cable preparation and device installation shall be done by
workmen who are trained and experienced in such work. Contractor shall engage a
factory-trained device manufacturers representative to provide training and certify
workmen prior to installing terminating devices
A scrap cable end shall be prepared for splicing (this includes cable preparation only, no
splice or termination shall be installed) by each workman who will be responsible for
installing terminations or splices, and presented to Owner for approval before beginning
work on any cable ends intended to be placed in operation. Such approval of a sample
by Owner does not relieve Contractor of any responsibility for the proper preparation of
cable ends or the proper installation of terminations or splices.
Before installing any cable splice or termination, the cables to be spliced shall be verified
by inspection and by measurement with a diameter measuring tape for the following:
(a) The conductors match the acceptable sizes and types as stamped on the compression
sleeve or terminal lug; (b) The diameter over the insulation is within the acceptable
range of diameters for the splice or terminator body or adapter being used. The cable
neutral shall be grounded at each end of each cable run, and grounded at intermediate
points as per the design drawings.

3.9.7

Junction Boxes/Cabinets

Contractor shall install and connect each junction box/cabinet in accordance with the
appropriate drawings and specifications.
Concentric neutral tails are to be connected to the ground bus supplied with the cabinet,
with sufficient slack to allow free movement of the terminations for maintenance or
replacement. The cable jacket shall be carefully sealed against moisture ingress at all
jacket openings.
Sufficient slack cable shall be installed such that the cables can be re-terminated at
least two times after the project is commissioned.
Cables shall be trained neatly in the ground sleeve area, with a minimum amount of
crossovers.
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The enclosure shall meet ANSI C57.12.28 Pad-Mounted Enclosure Integrity Standard
and shall be designed to prevent tampering, damage from accidental collision from the
public, moisture intrusion, accumulation of condensation and properly labeled.

3.10 Collection System Circuit Testing


3.10.1 Manufacturers Factory Tests
All transformers, circuit breakers, and switches rated over 600V shall require factory test
reports showing compliance with ANSI/IEEE standards.

3.10.2 Transformers over 600V


The following tests shall be performed as a minimum:
A.

Turns Ratio.

B.

Insulation power factor, polarity, excitation, winding resistance (>10MVA only).

C.

Oil quality and Dissolved gas-in-oil analysis (for GSU transformers, factory oil
sample & testing will be done in lieu of in the field sample).

D.

Fan controls and all device alarm points, as applicable.

E.

Current transformer turns ratio, polarity, circuit loop checks, as applicable.

F.

Bushing insulation power factor (>10MVA only).

3.10.3 Circuit breakers over 600V


The following tests shall be performed as a minimum:
A.

Insulation power factor, contact resistance, operator controls and interlocks,


travel/timing where equipped with test attachments.

B.

Gas pressure check.

C.

Current transformer turns ratio, polarity, and circuit loop checks.

D.

Bushing insulation power factor.

E.

Functional tests

3.10.4 Down Tower Switchgear (if utilized)


The following tests shall be performed as a minimum:
A.

Insulation power factor, contact resistance, operator controls and interlocks,


travel/timing where equipped with test attachments.

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B.

Gas pressure check.

C.

Current transformer turns ratio, polarity, and circuit loop checks.

D.

Bushing insulation power factor.

E.

Functional tests

F.

Relay tests to verify that the downtower switchgear trips in accordance with the
Contractors selected/programmed settings.

G.

Other testing as specified in Turbine Supplier documents included in Exhibit B-1.

3.10.5 Switches over 600V


The following tests shall be performed as a minimum:
A.

Contact resistance and operator adjustment.

B.

Functional tests.

3.10.6 Voltage transformers over 600V


The following tests shall be performed as a minimum:
A.

Insulation power factor turns ratio, circuit loop checks.

B.

Oil level check if oil insulated.

3.10.7 Protective relays (including those in the Down Tower Switchgear)


A.

The following tests shall be performed as a minimum:

B.

Calibrate as required and test by current and voltage injection using Doble or
equal relay test equipment.

C.

Functionally test to demonstrate circuit breaker actuation.

D.

Owner/utility may witness test portions of the protective relays.

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3.10.8 Grounding
The following tests shall be performed as a minimum:
A.

Perform initial earth resistance tests as part of ground grid design.

B.

Perform completed grid tests per IEEE 81.

C.

Turbine ground grid test (isolated from the collection system ground) to
demonstrate compliance with turbine manufacturers requirements and
applicable codes.

3.10.9 Field Acceptance Testing and Commissioning


Provide testing and test reports under the supervision of a licensed engineer or NETA
certified contractor. Field acceptance electrical testing shall comply with the latest NETA
Acceptance Test Specifications except as follows:
A.

Per the equipment manufacturer recommendations.

B.

As noted otherwise in this specification.

3.10.10 Cable Testing


All underground collection system feeder cables shall be tested in accordance with the
manufacturers recommendations and according to the following:
A.

Perform a visual inspection upon delivery and prior to installation.

B.

Perform visual inspects on exposed cable sections for physical damage.

C.

Inspect shield grounding, cable supports, and terminations for proper


installation.

D.

Perform PD testing on all underground cable.


1.

The tested sections shall include all cable sizes and shall test the
terminations and splices (if any) on the cable.

2.

Cables shall not be energized until after PD testing is complete.

3.

Test voltage shall be as a minimum 2.0 times operating voltage and at 60


Hz.

4.

Design of the collection system shall be such that the cables can be
sectionalized into lengths of 8500 feet, maximum, to support PD testing as
performed by IMCORP or other Owner approved testing company.

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5.
E.

These lengths shall be coordinated with normal splice points to minimize


cable splicing.

Perform 5kV DC Megger testing on all underground cable


1.

Each phase shall be tested independently, with the test voltage applied
between the phase conductor and the grounded cable neutral.

2.

The internal on/off switch on all pad mount transformers that are
connected to the cable under test shall be opened.

3.
4.

5.

All surge arresters must be disconnected from the cable under test.
a.

Elbow type termination arresters must be removed from the


transformer bushing, and replaced with an insulating protective
cap (Cooper DPC635 or equivalent).

b.

All surge arresters in the substation switchgear termination


compartments must be disconnected at the bus tap point.

Circuit breakers in the substation switchgear that are connected to the


cable under test must be tagged and locked out.

6.

Multiple cable runs may be tested as a single section, subject to the


capacitive charging current limitations of the instrument used for testing.

7.

All 1250/1000 kcmil cable on each circuit may be tested as a single section,
including all 3/0, or greater, cable that is also terminated with that circuit
at the substation switchgear. The test connection should be made at the
substation switchgear or at the source riser pole for the cable.

8.

Each run of 3/0, or greater, cable, originating at a junction cabinet and


extending to the furthest most turbine on that run, may be tested as a
single section. The test connection to the disconnected 3/0, or greater,
cable may be made using a connecting plug (Cooper DCP635 or
equivalent) assembled to the elbow with the insulating plug normally
used to connect the elbow to the transformer/Tower base circuit breaker
bushing.

9.

Apply 5kV DC Megger for 5 minutes.

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The downtower MV switches shall be opened.

a.

Record Insulation Resistance values at the following intervals:

b.

10 seconds from initial voltage application

c.

30 seconds from initial voltage application

d.

1 minute from initial voltage application


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e.

2 minutes from initial voltage application

f.

3 minutes from initial voltage application

g.

5 minutes from initial voltage application

Contractor shall be responsible for testing all line sections and shall make
any changes which said tests show to be necessary to fully meet the
requirements of the Specifications.
The megger used must be capable of supplying sufficient current to
charge each test section to the full test voltage within 10 seconds. If
appreciable charging current is still being observed after 10 seconds, the
cable section shall be subdivided into two or more sections, with each
section tested separately.
All insulation values shall be identified by cable section, phase, and time,
and recorded on test sheets mutually agreed between the Contractor and
the Owner. All test records shall be assembled and furnished to the
Owner at the completion of testing.
Cables will be energized initially from the substation. Contractor will
cooperate with Owner to facilitate the energizing process, including
removing elbows and installing temporary dead end caps as required to
sectionalize or isolate circuits. Special care must be taken to notify all
personnel in the area of the pending energization, and to clear the area
around terminations and transformers. Transformers that are energized
must be identified as directed by the Owner.
The cable will be deemed acceptable if the measured insulation resistance
is stable or increasing with time, and the resistance at 5 minutes is greater
than 1000 megohms. If any tested cable section does not meet this
criteria, the Owner shall be notified immediately, and additional testing
shall be initiated to determine the source of the problem.
G.

Perform Conductor Continuity testing.


a.

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Test reports to include: indicate results of cable test in tabular form and in
plots of current versus time at 30 second intervals at maximum voltage.

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Section 4
Collection System Substation
4.1

General

Conceptual Collection System Substation system one-line diagrams and general arrangement
drawings are included in Exhibits A-11 through A-14. The Contractor is responsible for
verifying the assumptions and completing the design.
All equipment to be used in the Collection System Substation shall be subject to review and
approval by Consumers Energy for compatibility with the existing electric system and ensure
that the Collection System Substation can be operated safely, reliably and economically by
Consumers operations and maintenance personnel.
The information provided herein shall be the minimum requirements for the engineering,
design and installation of the substation. The Contractor shall be responsible for the complete
design and supply of the fully functional Collection System Substation in accordance with the
Agreement and the applicable standards and requirements.

4.2

Design Requirements
4.2.1

Codes and Standards

The Collection System Substation shall be designed and installed to meet or exceed the
requirements of the latest revisions of the National Electric Safety Code (NESC),
American National Standards Institute (ANSI), Institute of Electrical and Electronic
Engineers (IEEE) and all other applicable industry standards organizations that are
applicable to electric utility substations and equipment included therein. The design
and installation of the Collection System Substation shall comply with all federal, state
and local regulations and codes and the specific requirements of the interconnecting
utility, Consumers Energy. The Collection System Substation as designed and installed
shall allow for safe operation and maintenance of the facility in accordance with
MIOSHA and OSHA regulations and Consumers Energy operating policies and
procedures.

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4.2.2

Arrangement

The arrangement of the Collection System Substation shall provide for access by
personnel, equipment, and vehicles as required to operate, inspect, maintain, repair and
replace all substation equipment and materials. Whenever practical, the arrangement
shall also allow the safe maintenance of equipment while the remainder of the Collection
System Substation remains energized.

4.2.3

System Voltage

The system voltage is included in the following table:


Nominal, kV

Operating, kV

Maximum, kV

BIL kV (winding)

34.5

34.5

38

200

138

138

145

550

4.2.4

Electrical Clearances

Preferred normal and minimal electrical clearances from energized parts shall be in
accordance with the latest editions of ANSI, NEC, and NEMA. In addition, the
insulation level and electrical clearances for all high voltage conductors (buses and
equipment connections) shall be in accordance with Consumers Energy Substation
Standards, pages 1-31 & 1-32, as included in Appendix A to Exhibit A-1.

4.3

Equipment and Materials


4.3.1

Bus Conductors and Fittings

Collection System Substation buses may be either rigid or strain bus or a combination of
both. Each bus and all equipment connection conductor shall have a rated ampacity at
least as great as that of the connected equipment and as required to carry the maximum
load over the life of the facility.
Collection System Substation buses shall be design in accordance with IEEE 605, IEEE
Guide for Design of Substation Rigid-Bus Structures. Consumers Energy will review the
Collection System Substation bus design and calculations to ensure compliance with
Consumers Energy Substation Standards Section 11, Bare Conductors and Fittings (not
provided).

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4.3.2

Main Power Transformers

The main power transformers will be provided by the Owner. Specifications for the
main power transformers are included in Exhibit B-2. The Owner will also supply a
spare main power transformer. The substation design shall include provisions for
storage of the spare main power transformer including power for control cabinet anticondensation heaters.

4.3.3

HV Circuit Breakers

Owner-provided specifications for the HV Circuit Breakers are included in Appendix A.

4.3.4

HV Disconnect Switches

HV disconnect switches supplied at the substation shall be manually operated 3-phase


gang operational, non-load break and double side break devices.
System Voltage

Continuous Current

3-sec. short time current carrying


capability @ rated max. kV

138 kV

TBD by Contractor
Minimum of 1200 A

TBD by Contractor
Minimum of 25 kA, Sym.

4.3.5

High Voltage (HV) and Medium Voltage (MV) Surge Arrestors

High voltage (HV) and Medium Voltage (MV) Surge Arresters shall be station class
metal-oxide, polymer housing arresters with appropriate voltage and energy ratings.

4.3.6

MV Circuit Breaker

MV circuit breaker shall be outdoor vacuum or SF6 gas insulated, dead tank with the
following ratings:
System Voltage

Continuous Current

Interrupting Rating
(Symmetrical)

34.5 kV

4.3.7

TBD by Contractor
Minimum of 1200A

TBD by Contractor
Minimum of 25kA

Interrupting
Time
5 cycles (Max)

MV Disconnect Switches

Disconnect switches that are an integral part of the MV buswork shall be groupoperated 3-pole, solid blade, manual-operated, vertical break, horizontal break or V
Type as appropriate to the buswork design, provision of a compact design and
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convenient operation by staff. Disconnect switches used to isolate incoming feeder


cables may be single pole operated. Disconnect switches shall have the following
ratings:
System Voltage

Continuous Current

Momentary Current

Manual Operator

34.5 kV

TBD by Contractor
600A (minimum)

TBD by Contractor
40kA (preferred)

3 ft. swing arm

4.3.8

Instrument Transformers
Current Transformers
Relaying type current transformers shall have ANSI standard ranges and
accuracy classification of at least C400. Contractor shall be responsible for
ensuring classification is suitable for the application. Relaying type current
transformers shall have a thermal rating of 2.0 for all ratios. The thermal rating
shall be shown on the current transformer nameplate.
Revenue metering type current transformers shall have ANSI standard ranges
and accuracy classification of 0.3 at a minimum burden of 1.5. For dual ratio
metering current transformers, both ratios must meet the accuracy and burden
requirements. Revenue metering type current transformers shall have a
minimum rating factor of 2.0 for all ratios. The thermal rating shall be shown
on the current transformer nameplate.
All current leads shall be wired to the terminal blocks. Splices in the current
transformer secondary leads are not acceptable. The current transformers shall
be shorted and tied to a ground reference at the terminal blocks during
shipment.
Current transformer sets shall be identified with polarity markings and
secondary lead designations as specified by NEMA SG 4.
Current transformer housing covers that prevent birds from building nests in
or on the current transformer shall be supplied as necessary.
The following shall be provided: complete ratio, accuracy, burden, thermal
factor, and secondary resistance information on all current transformers
furnished with the circuit breaker. This information shall include excitation

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and ratio correction factor curves for each type of current transformer
furnished. When revenue metering CT's are supplied, metering accuracy tests
for each CT unit are required including a ratio and angle correction chart over
the normal IEEE meter CT testing range in addition to relay accuracy tests
(saturation and ratio) are required. Also when revenue metering CT's are
supplied, tracking paperwork that identifies which bushing the CT is in is
required.

Potential Transformers
The electrical characteristics and mechanical features of the equipment supplied
shall be capable of meeting all the requirements specified within the latest
revisions of ANSI C57.13.

4.3.9

Switchboards

Switchboards shall be provided in accordance with the specification included in


Appendix C to this Exhibit A.

4.3.10 Metering
Metering shall be provided in accordance with the specification included in Appendix D
to this Exhibit A.

4.3.11 Reactive Power Compensation and MV Capacitors Banks (If Needed)


The reactive power compensation system, if required, shall meet all the Owners and
Midwest ISO requirements per the interconnection requirements included as Exhibit D.
The step change caused by switching any elements of the reactive power compensation
system shall cause a maximum voltage step change of 3%. To achieve this end the
Contractor shall, design, procure, install and test the appropriate equipment and
controllers. The Contractor shall undertake the necessary studies to determine the
nature, size and location of the reactive power compensation equipment, the results,
along with a proposed control scheme, shall be provided to the Owner.

4.4

Auxiliary Power

The auxiliary power distribution system for the substation control building will be provided by
the pre-engineered substation control house vendor.

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The design of the auxiliary power distribution System shall be coordinated and optimized to
make certain that the bus voltage level sections, transformer ratings, and impedances,
switchgear interrupting ratings, bus duct short circuit ratings, cable sizes and load equipment
ratings to meet the applicable codes and standards.

4.4.1

DC and AC Systems

The vital AC system for the substation control building shall be provided by the
Contractor from redundant supplies as described. The contractor shall provide 125 VDC
to all controls, protective relays, and instrumentation fed from battery and charger
system. For all other equipment not compatible with this power source, Contractor shall
provide a 120 volt Uninterruptible Power Supply (UPS) system to power critical loads,
including controls and instrumentation for the control, fire alarm, communication, and
security system. The UPS shall include a complete system and shall have twenty (20)
percent spare capacity.
The DC system for the substation control building shall be provided by the Contractor.
Batteries shall provide the emergency DC power required for switchgear controls and
critical DC loads as well as the UPS. Batteries shall be lead-acid sealed type for
stationary applications.
The duty cycle shall include a minimum of 30 minutes of power for the UPS and
switchgear breakers control power at the end of the 8 hour duty cycle.
Battery chargers shall be sized to fully recharge the batteries from a fully discharged
state in not more than twelve (12) hours while supplying normal continuous DC load.

4.4.2

Station Batteries and Charger

A 125 VDC Power System shall be provided at the substation and wind-turbine sites.
Batteries shall be capable of 8 hours of operation under normal load, and then have
additional capacity to trip all breakers one time.
Additional requirements as reflected in Brown Book (IEEE 399).

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4.5

Grounding, Lightning, Lighting, Security, and Operation


4.5.1

Grounding

The ground grid system shall be designed per the latest version of IEEE 80 to limit step
and touch potentials to safe levels for personnel both inside and outside the Collection
System Substation for the maximum available fault current. The grounding system shall
be designed for a low grounding resistance to minimize the maximum ground potential
rise during line to ground faults. The Collection System Substation ground grid shall be
designed and installed to achieve a tested resistance to true earth of less than 1.0 ohm.
The design fault current duration shall be 0.5 seconds.
The Collection System Substation shall be provided with a ground grid system
consisting of 4/0 AWG copper conductor and copper-clad ground rods. The grounding
grid at the Collection System Substation shall consist of a number of interconnected,
bare conductors buried horizontally at a minimum depth of 18. The grid shall be
supplemented by a number of driven ground rods as required. Ground rods shall be a
minimum of 10 in length, with the top of the rod buried 18 below the finished surface.
All metal structures, apparatus and equipment which are to remain at ground potential
shall be solidly connected to the ground grid by 4/0 AWG copper conductors.
Individual ground mats (on grade platforms) shall be provided at all high voltage
disconnect switch locations and shall be connected to the station ground grid. Below
grade connections shall be made with an exothermic welding process. Above grade
connections may be welded, bolted or compression. Bolted connections shall be used to
connect the ground grid to substation galvanized steel structures and equipment. All
other connections shall be made in such a manner that the resistance of the connection
does not exceed that of the equivalent conductor.
Communication cables, except for all-dielectric fiber optic, exiting the substation area
shall be adequately protected from the ground potential rise during ground faults by
provision of suitable protective devices. All-dielectric fiber optic cables do not require
any of the foregoing protective devices as they are not subjected to ground potential rise
during faults. Any shielded cables shall be grounded as required to control circuit
transients and minimize noise.
The Collection System Substation ground grid shall be connected to the substation fence
and the grid shall be extended 3 feet beyond the fence line.

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Collection System Substation grounding shall be designed in accordance with IEEE


Standard 80 based upon the following conditions
A.

MV circuit breaker total clearing times:


1.

Normal: 6 cycles unless specific clearing times are based on procured


equipment and relaying used.

2.

Breaker failure: 15 cycles (iii) Line end fault clearing: 30 to 60 cycles

B.

For substation EHV voltages below 345kV, touch and step potentials shall be in
accordance with IEEE Standard 80, calculated without considering the crushed
stone layer.

C.

Isolated ground mat resistance: 5 ohms or less

Provisions shall be made for temporary grounding of Collection System Substation


buses and equipment.
Ground grid testing shall be in accordance with ANSI/IEEE Standards.
The grounding system shall exceed the minimum of the above, Owner Standards,
Interconnecting Transmission Owner standards and NESC requirements.

4.5.2

Lightning Protection

The Collection System Substation shall be protected from direct stroke lightning strikes
by shield wires and/or masts which are connected directly to the ground grid. The
lightning protection system shall be designed for an expected failure rate of no more
than one per hundred years.
The lightning protection system for the substation shall not have conductor crossings
above live power equipment or bus-work. All equipment/structural metallic surfaces
shall be bonded at least at two points. However, in all cases the Collection System
Substation direct lightning stroke protection shall meet or exceed the level of protection
provide by IEEE Standard 998.

4.5.3

Lighting

Collection System Substation lighting shall meet the minimum lighting levels for the
appropriate circumstances of indoor, outdoor, and roadway areas given in the latest
editions of NFPA 70 and ANSI C2.

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If allowed by the local codes: infra-red motion detectors shall be used to control the
outdoor lighting when the substation is unattended, a bypass switch shall be provided
for when the substation is attended.
Emergency lighting shall be provided in attended areas in accordance with local codes
and regulations.

4.5.4

Security

All access gates to the Collection System Substation shall be padlocked with a standard
issue lock.
Warning signs shall be installed in accordance with the National Electric Safety Code.
Refer to Section 4.6.4 for perimeter fencing requirements.

4.5.5

Operating and Maintenance

The Contractor shall provide equipment manufacturers recommended list of operating


equipment such as tongs, insulating sticks, rubber gloves, grounds, voltage detection
equipment, etc. needed for the safe performance of operating functions. The Contractor
shall provide a proper inventory of spare parts for the substation.
The Control building shall be fitted with security sensors that provide indication back to
the O&M Building via the SCADA system (if O&M Building option selected).

4.6

Substation Civil/Structural Design Criteria


4.6.1

General

This area of work consists of civil design of the substation with respect to grading,
drainage and structural design of structures and foundations for support of the airinsulated bus-work, power transformer, switchgear and related electrical equipment.

4.6.2

Structures

The Contractor shall design, procure and install dead-end structures that will be used to
connect the Collection System Substation to the Owners HVD line Refer to Exhibit D for
interconnect information.
Collection System Substation bus and switch support structures shall be low profile
(non-lattice) type. Provisions shall be made for grounding the structures, disconnect
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switch operating mechanisms, surge arresters and other equipment that require
grounding in accordance with industry standards.

4.6.3

Foundations

All foundations shall be designed and installed as described in Section 2.

4.6.4

Fencing

The entire Collection System Substation shall be fenced in accordance with IEEE and
NESC requirements. The fence shall prevent the entrance of unauthorized personnel
into the Collection System Substation and be separated from exposed energized parts so
as to prevent unsafe contact by objects inserted through or over the fence.
The Collection System Substation fence shall be standard galvanized steel chain link
security fence not less than 7 feet in height with an additional 1 foot high barbed wire
topping with "V" type extension arms and three strands of barbed wire. In addition the
perimeter fencing shall contain double "V" three stranded barbed wire as well as a
stiffener bar at the bottom of the mesh to prevent lifting or undermining the mesh for
entrance into the station.
Perimeter fencing shall be placed in accordance with the requirements of NESC and
IEEE Standard 1119. Fence setback from property line shall not be less than 3 feet to
accommodate the installation of a buried perimeter ground wire.
Outward opening, 20 feet wide, double leaf gates shall be installed on the perimeter
fence for vehicle access to the substation Perimeter warning signs shall be installed at all
gates and at a minimum of 75 feet intervals along the fence.

4.6.5

Raceway

Raceway shall be provided for all electrical, control and optical fiber cables. Below
grade raceway shall be direct buried PVC conduit (Schedule 40 or heavier wall) and precast concrete cable trench. If cable trench is used adequate drivable sections shall be
provide to allow for movement of operating and maintenance vehicles throughout the
substation. Above grade conduits shall be PVC or rigid galvanized steel.

4.6.6

Underground Cable

Contractor shall provide all necessary excavation, backfilling, and direct burial cable
placement as required. If native material is used for backfilling, Contractor shall ensure
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that it has been screened to provide proper bedding material without rocks and other
materials that may damage the cables, and that it has adequate thermal conductivity to
prevent overheating of power cables. Thermal backfill, if required due to excessive
heating of the cables, shall be provided by the Contractor. Cable crossings under roads
shall be properly designed to accommodate applicable traffic loading. Draw pits with
removable covers shall be provided, as necessary, to facilitate control cabling.

4.6.7

Drainage

The site grading and drainage shall be designed to comply with all federal, state and
local regulations. The site shall be graded to convey storm water runoff away from
permanent facilities. Site drainage shall be designed to convey the runoff from a 4
percent probability (25 year) storm event unless specific federal, state, local or utility
regulations or utility easement requirements are more stringent. Aggregate surfacing
shall be provided and installed within and 3 ft. outside of the fenced area in a manner
that allows the free movement of personnel, vehicles and equipment throughout the
Collection System Substation under all weather conditions and is incorporated into the
grounding design for the substation.

4.6.8

Collection System Substation Vehicle Access (outside substation fence)

Access to the Collection System Substation site for installation, maintenance and
removal of all major equipment shall be provided. Typical maintenance vehicles of up
to 40 feet long by 8 feet wide with a turning radius of 30 feet and equipment delivery
vehicles up to 11 feet long by 10 feet wide with a turning radius of 50 feet require access
to the substation sites. Associated unloading equipment shall be accommodated as well.

4.6.9

Restoration and Landscaping

Upon completion of the Collection System Substation and its access way the unused
disturbed land shall be restored in accordance with requirements dictated by the
landowners. Temporary structures and facilities supplied by the Contractor for use
during construction shall be removed. All temporary buildings, structures, concrete
slabs and footings, tools, facilities, and other Contractor property shall be removed from
the site and the areas involved shall be restored to their original or intended condition.

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4.7

Collection System Substation Control Building


4.7.1

Design and Construction

The building shall be adequately sized and configured to comply with Owners
standards and requirements and shall be complete with required equipment,
foundation, normal and emergency lighting, emergency egress, fire protection, heating
and ventilation. The heating and ventilation shall be designed and installed to maintain
temperature and humidity within the limitations of the control, communication, and
protection equipment. The building shall be 20 x 40 feet in size and designed in
accordance with Owners standard control building layout as included in Exhibit A-14.
The control building shall be a free standing metal building provided complete with
framing, or self framing panels, roofing, siding, insulation, doors, windows, hardware,
fasteners, flashing, weather-stripping, caulking, HVAC and other components as
required or specified. All materials shall be new, free from defects and fabricated with
quality workmanship. The building design as a whole shall result in a rigid structure
that will maintain its shape and alignment against all design loads and shall conform to
ASCE 7.

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Major equipment to be included in the Collection System Substation control building


includes:
1.

AC Panels

2.

DC Panels

3.

Termination Cabinet(s)

4.

Battery Charger(s)

5.

Battery Bank(s)

6.

DC Disconnect Switch

7.

Modular Steel Racks for transformer rack, feeder rack, line rack, communication
rack, RTU rack, 34.5 kV breaker rack, cap bank rack, Turbine SCADA system
rack, and other control and relay systems necessary for a completely functional
wind farm, including room for further expansion)

8.

Eyewash Station(s)

9.

AC Safety Switches

10.

Transfer Switch

11.

Telco Board with room for Telco Line Isolation (as needed)

12.

HVAC Unit

13.

Exhaust Fan

14.

Fiber Optic Patch Panel

15.

Fire Extinguisher

16.

Desk

17.

Miscellaneous equipment

In addition, the control building shall include all other equipment necessary for a fully
functional Collection System Substation in accordance with the Agreement and the
applicable standards and requirements.

4.8

Collection System Substation Protection and Control


4.8.1

General

The Contractor shall be responsible for the detailed design and implementation of the
protection schemes necessary to satisfy the Utility/Transmission Owners requirements
and provide appropriate equipment protection commensurate with normal Prudent
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Wind Industry Practices. All relay systems shall include backup protection in case of
component failure in the primary protection system.
The Contractor shall be responsible for the detailed design and implementation of the
Breaker Failure protection schemes necessary to satisfy Utility/Transmission Owners
requirements (i.e. BF detection trip paths, coordinating time delays, etc.). The
Contractor shall ensure the design is suitable for the substation and HVD line
configuration and interface to the Utility/Transmission Owner.

4.8.2

HV/MV Main Power Transformer Protection

Primary protection of the Main Power Transformers shall be provided by a current


differential relay. Backup overcurrent protection shall also be provided for the
transformer. On transformer trip, a lockout relay shall be asserted which opens all
feeder breakers served from that transformer and opens the associated HV breaker(s).
Contractor shall design an appropriate protection scheme to be reviewed by the Owner.

4.8.3

MV Bus Protection

It is desired that the transformer differential zone of protection wrap around the
switchgear. This shall provide primary MV bus protection. Current transformer wiring
shall only be paralleled if the current transformer is of the same rating (voltage class)
and has the same ratios (total winding and connected).
If this is not possible, an alternate form of primary bus protection shall be implemented.
Backup protection of the MV bus shall include phase, ground and neutral overcurrent
protection measured on the low-side of the transformer.

4.8.4

MV Switchgear Protection

Contractor shall design an appropriate protection scheme for the MV switchgear.

4.8.5

MV Collector Circuit Protection

The primary protection of each collector circuit shall, as a minimum, include a single
relay with the following protection capabilities:
-

Phase and ground time-overcurrent

Directional control

Voltage supervision and tripping

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Breaker failure logic

4.8.6

MV Capacitor Protection

The protection of each capacitor bank, if required, shall include one or two relays that
comply with IEEE 37.99-2000 Guide for Protection of Shunt Capacitor Banks. The
protection is dependent on the final capacitor bank design. Unbalance protection shall
be included to detect evolving faults and prevent damage to unfaulted capacitor units.
The primary protection of each capacitor circuit shall include a single relay with the
following protection capabilities:
-

Unbalance

Phase and ground time-overcurrent

Voltage supervision and tripping

Breaker failure logic

4.8.7

Capacitor Bank Control

Should a capacitor bank be required, the control of each capacitor switch, shall be
provided in the same manner as other breaker control. At a minimum it shall include
the following capabilities:
-

Voltage and pf/Var measurement on the HV or MV bus as appropriate

An Auto/Manual switch

Thresholds to accommodate the necessary switching steps

Switching control to rotate the duty of the capacitor banks evenly

Time delay logic to accommodate safety time limits before closing and to ride
through momentary system fluctuations

Zero voltage closing control if required due to step size and or duty

34.5 kV undervoltage tripping

34.5 kV overvoltage tripping

The Contractor shall be responsible for programming the reactive power controllers.
Several hard copy printouts and CDs of settings and programs shall be provided to the
Owner.

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4.8.8

Interconnection Protection

At the substation, the protection equipment shall include the following minimum
features in addition to Owners requirements:
-

Under-voltage (27)

Over-voltage (59)

Under frequency (81U)

Over-frequency (81O)

Transfer trip from and to the remote station for line protection (Owner
requirement)

4.8.9

Wiring

The wiring of all control and protection devices shall be consistent with good wiring
practices and in accordance with Appendix C to this Exhibit A. All wiring shall be
adequately sized for its specific application. All terminations shall be made using noninsulated compression terminals. No more than two terminations may be made to a
single terminal point.
The entire control scheme (like for a breaker) shall be fused together with only a fuse for
the positive and negative legs. There will be no individual circuit voltage monitoring.
Loss of DC to the Collection System Substation shall provide an alarm to the Substation
SCADA System.
The DC supplied to each panel, from the DC distribution panel, shall be terminated on
an appropriately sized terminal block located in the rear of that panel. Both positive and
negative supplies shall be fused using panel mounted fuse holders.
All lock-out circuits shall be monitored with blue indicating lamps.
AC supplies shall be fused using the same type fuse holder as indicated above. Only the
hot leg needs to be fused. A shorting slug shall be supplied in the neutral leg to provide
an isolation point for maintenance purposes.
CT cables associated with redundant protective relaying systems shall be routed in a
manner to prevent common mode failure. The CT cables shall be wired directly to CT
shorting blocks on the appropriate panel.

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Wiring to the devices, which are removable from the front, shall be provided with
enough slack (12 inches minimum) to permit removal of the item without disconnecting
any wire. Wiring to control (CSR) switches shall be adequate to remove switch from
panel for work or further wiring without disconnecting existing wires (see Owners
standard design).
Wires shall be neatly arranged and properly supported throughout the panels to prevent
sagging and breaking. Suitable raceways equivalent to 1-1/ 2 times the space required
for wiring shall be provided to permit the safe and accessible installation of wiring. All
wiring shall be secured using screws, nuts, and bolts or panduit wiring duct. Adhesive
mounting of wiring clamps is not permitted.
Wire identification/numbers shall be provided on all AC and DC schematics according
to the Owners standards.

4.8.10 Control Panels


All control and protection equipment associated with transmission lines, transformer,
circuit switcher, breakers and capacitors shall be installed on modular steel panels
(Owners standard) located in the control building. All equipment mounted on the rear
of the panels shall be located in a manner to permit easy access. Each item of equipment
shall be readily removable without removal of other items.
Panels shall be of standard sizes painted light gray (ANSI No. 61).
Panels shall be bonded to an adequately sized copper ground bus.
All equipment installed on the panels shall be labeled using black lamacoids with
appropriately sized white lettering, and always in accordance with the Owners
standards.

4.8.11 Relays
Relays shall be provided in accordance with the specification included in Appendix E to
this Exhibit A.

4.8.12 Communications
A.

Telephone circuits shall be provided for all Collection System Substation


communications

B.

All ordering and acquiring of the circuits shall be provided

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C.

The incoming telephone shall have a minimum of 25 pairs of conductors

D.

The incoming telephone cable shall be installed in PVC conduit to the nearest
roadway or Telco trunk-line unless a reduced distance is approved by
Consumers.

E.

As a minimum, conduit extends 10 beyond the substation fence or as required


by the local exchange carrier. The telephone cable may be direct buried from end
of conduit to telephone company termination point.

F.

Stack end of telephone conduit.

G.

Choose the precise location to provide ample space for operation and
maintenance.

H.

Install equipment in strict accordance with manufacturer's, Telco, and Owners


recommendations.

I.

Install pull rope in telephone conduit.

J.

As a minimum, one dedicated 4-wire, class B, digital Frame Relay Data Circuit
shall be provided for RTU communications, and;

K.

A dial-up voice-grade circuit (POTS line) is required for access to the billing
meter by the Utility.

L.

For DTT, a modular RJ-11 jack must also be installed within six feet of the billing
metering equipment, to allow the Owner to use this circuit for voice
communication with personnel performing master station checkout of the RTU.
This dial-up voice-grade circuit shall be a local telephone company provided
business measured line without dial-in or dial-out call restrictions.

M.

For DTT, a separate dedicated 4-wire, Class A, Data Circuit must be installed and
protected as specified by the local telephone Utility for each DTT receiver and for
the RTU. The circuit must be installed in rigid metallic conduit from the RTU
and each DTT receiver to the point of connection to the telephone Utility
equipment. Wall space must be provided for adjacent mounting next to the
telephone board, of the billing metering panel and a telemetry enclosure. The
billing metering panel is typically 60 inches high by 48 inches wide and the
telemetry enclosure is typically 24 inches high by 24 inches wide. A clear space
of 4.5 feet in front of this equipment is required to permit maintenance and
testing. A review of each installation shall be made to determine the location and
space requirements most agreeable to the Owner.

N.

Collection System Substation phone circuits will be installed with the proper
high voltage interface (HVI) protection.

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O.

Typical protection is via a Positron rack and cards, provided by the phone
company.

P.

Consumers Energy has standard HVI design. Contractor shall request design
support and assistance from Owner at the appropriate time.

Q.

Only Consumers Energy approved protocols shall be carried on the phone


circuits.

R.

No IP or routable protocols are currently permitted

4.8.13 Telemetry, Disturbance Monitoring and Substation SCADA System


A.

Telemetry and disturbance monitoring is required at the substation and at EACH


and every individual wind-turbine location

B.

In the substation, the equipment shall be located in a suitable switchboard panel


location, generally in the same panel row as other switchboard panels

C.

At each wind-turbine, the equipment may be installed in an electrical


enclosure/box, as long as adequate space can be provided for maintenance and
testing activities

D.

The equipment shall be designed to operate on 125 V DC power.

E.

All RTU I/O shall be real-time (update < 4 seconds)

F.

Protected phone and data circuits shall be provided for the equipment.

G.

The following will be telemetered at each substation and wind-turbine (when


available):
1.

Real and reactive power flow (copy these in from the flow diagram)

2.

Voltage at the PCCT

3.

Transformer MWatts

4.

Transformer MVARS

5.

Transformer low side voltage

6.

Loss of station power AC

7.

Loss of RTU DC power

8.

Loss of metering potential

9.

Pulses for Kwatt-hours in and out

10.

Pulses for KVAR-hours in and out

11.

Total Capacity Avail MW/MVAR

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12.

Number available

13.

Number online

14.

Dispatch Setpoint

15.

AGC Status

16.

Mandatory Control

17.

The status (normal/fail) of protective relay Communication Channels. A


status indication of "FAIL" indicates the Communication Channel used
for relaying (i.e. transfer trip) is unable to perform its protective function

18.

The status (open/closed) of the main isolating breaker and each


generating unit breaker (if the Project is composed of multiple units, a
single logical (OR) status of the individual Project breaker states,
indicating all Project breakers are open or any one or more Project
breakers are closed, is permissible). A closed status would be indicated if
any individual generator is on line

19.

16.
Contractor shall coordinate with Owner to develop complete list
of data and control to be included in the Substation SCADA System.

H.

The RTU will be equipped with sequence of events recording

I.

Digital inputs of:


1.

An output contact of an instantaneous relay to act as a ground fault


detector for faults on the Utility electric system. This relay shall be
connected into the same sensing source as the ground fault protective
relay

2.

Each and every trip of an interconnection isolation device, which is


initiated by any of the generator interconnection relaying schemes

3.

Each and every trip of an interconnection isolation device, which is


initiated by any of the protective systems for the generator

4.

Each and every trip or opening of an interconnecting isolation device,


which is initiated by any other manual or electrical means

5.

A contact indicating the position of the Projects primary-side main


breaker

6.

A contact indicating operation of the over/undervoltage relays

7.

A contact indicating operation of the under/over frequency relay or the


Utilitys ground fault relay. A contact indicating operation of the Project
provided transformer bank relaying

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8.

A contact indicating operation of any of the (51V) relaying

9.

A contact indicating the position of the high-side fault-clearing device

10.

A contact indicating the position of the reverse power relay

11.

The following individual contact from each individual Direct Transfer


Trip receiver

12.

J.

Loss-of-guard (LOG) alarm

b.

Receive-trip relay (RTX)

c.

Lockout relay

If any of the functions indicated the above items are combined into a
multi-functional device:
a.

Each of those functions must be monitored independently on the


RTU, or

b.

Provisions acceptable to the Utility must be provided to


interrogate the multi-functional device such that the operation of
the individual functions may be evaluated separately

RTU Hardware
1.

At the substation location, RTU hardware shall be comprised of a GE


Harris D20 RTU and associated I/O boards

2.

At each wind-turbine, hardware shall be comprised of similar equipment


(likely a GE iBox) mini-RTU device or similar, as approved by Consumers
Energy

3.

The RTU device shall be fed from the 125 VDC station/site power supply
only.

4.

Configuration/programming of RTU hardware at both the substation and


wind-turbine sites shall be performed by Contractor in coordination with
Consumers Energys System Design and Standards Department.

5.

Preliminary (120 days before in-service) and Final (60 days before inservice) input/output (I/O) lists shall be provided by the Contractor to the
System Design and Standards Department.

6.

All RTU I/O points shall be provided with scaling data.

7.

RTU Protocol shall be DNP 3.0 serial.

8.

The wind-turbine RTU device will be located in a climate-controlled


enclosure, which may be located indoors (preferably) or out-of-doors.

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9.

All circuits going to the RTU shall be terminated on terminal blocks in the
RTU cabinet.

10.

All RTU circuits shall use shielded cable and the shields shall be
grounded only at the RTU. Remote end shields shall be properly
terminated and insulated to prevent inadvertent contact with ground.

11.

RTU shall be installed in a panel, not on the wall of the control building.

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K.

GPS Time Synchronization


1.

4.9

The substation shall be equipped with an Owners standard (SEL or


Arbiter) GPS time clock. The clock will be connected to the RTU and
connected to or distributed to all relays and similar protective and/or data
acquisition devices.

Collection System Substation Bus, Switch and Equipment Nomenclature


System

The Collection System Substation will be operated and maintained as an integral part of the
Consumers Energy High Voltage Distribution (HVD) system and as such the Collection System
Substation bus, switch and equipment nomenclature system shall be compatible with the
existing electric system. Consumers Energy will provide all required nomenclature for the
Collection System Substation and attached circuits at an appropriate time prior to energization.

4.10 Drawing and Drafting Standards


All collector system and Collection System Substation design and construction drawings shall
conform to Consumers Energy Electric Distribution Engineering drawing standards as included
in Appendix B to this Exhibit A.
All design drawings shall be prepared in accordance with the Consumers Energy, System
Design and Standards, Design Document Drafting Procedure. The procedure documents
numerous requirements, such as drawing numbering, title block information, line-weights,
equipment/device symbology, etc. (At the applicable time, a copy of the procedure will be
provided.)
The Owner and the Contractor shall identify in the project schedule, drawing submittal, review
and comment, and final approved submittal activities. Typical review times for Owner review
and comment shall be 30 days after receipt, but additional time may be requested based on the
volume or complexity of the submittal.
It is anticipated that initial submittal shall be of a conceptual nature and include as a minimum,
One-Line Diagrams of the:
A.

Substation, including station power and any alternate sources

B.

Farm interconnection/gathering system

C.

Typical Turbine site, including station power

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Complete drawing submittal of all project details shall occur following approval of conceptual
drawings and the detailed design process. Drawings must be of engineering quality and
conform to the drafting procedure. Free hand sketches are not acceptable. The engineering
drawings shall include the following:
A.

The location and ratios of the current and potential transformers used for the isolation
protection.

B.

The connection of relay terminals in current, potential, and control circuits.

C.

Relays identified by their IEEE device numbers.

D.

All RTU sequence of events monitoring with the IEEE device numbers.

E.

The location of the current and potential transformers used for telemetering.

F.

Breaker status contacts used for telemetering.

G.

RTU location (note on drawing).

H.

Power source for all protective relays, control equipment and RTU (note on drawing).

I.

The contractor shall provide information on those relays to be used for the protection of
the Consumers Energy electric system, including the manufacturer of the relays, the
relay types and calibration range(s), and the model or style number of the relay.

J.

The One-Line Diagram (described above) - A one-line representation of the three-phase


electrical system shall be provided. The one-line diagram must indicate those electrical
system components (e.g. buses, feeders, transformers, and generators) that are necessary
to show how the wind farm will be built and how it will connect with the Consumers
Energy electric system. The following information on these system components shall
appear on the one-line diagram:
1.

Breakers - Rating, location, and normal operating status (open or closed)

2.

Buses - Operating voltage

3.

Capacitors - Size of bank in kVAR

4.

Circuit Switchers - Rating, location, and normal operating status (open or closed)

5.

Current Transformers - Overall ratio, connected ratio

6.

Fuses - Normal operating status, rating (Amps), type

7.

Generators - Capacity rating (kVA), location, type, method of grounding

8.

Grounding Resistors - Size (ohms), current (Amps)

9.

Isolating transformers - Capacity Rating (kVA), location, impedance, voltage


ratings, primary and secondary connections, and method of grounding

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K.

10.

Potential Transformers - Ratio, connection

11.

Reactors - Ohms/phase

12.

Relays - Types, quantity, IEEE device number, operator lines indicating the
device initiated by the relays

13.

Switches - Location and normal operating status (open or closed), type, rating

14.

Tagging Point - Location, identification.

Detailed wiring drawings (point-to-point) shall be provided. These drawings shall


depict all panel and field-device terminations and interconnections. Wiring tables are
not permitted on either the Contractor-provided or equipment provider (supplier/shop)
drawings. In addition, the connections and wiring of supplier/shop drawings shall be
transferred and depicted in detail on the Contractor drawings so that a complete wiring
package is shown without referral to the supplier drawings.

4.11 Testing
4.11.1 General
The Contractor shall perform all tests as may be deemed necessary to demonstrate that
the equipment, as installed, complies with these requirements. All labor, instruments
and apparatus required for such tests shall be provided completely by the Contractor. If
any of the equipment fails, under test, the defects shall be rectified by readjusting, or
removing and replacing, the faulty equipment until, under test, all requirements are
met.
Results of tests shall be formally transmitted for review and approval no later than 10
working days after completion.
The Contractor shall make available appropriate staff during Owner testing of the HV
systems relaying and SCADA for assistance. The Contractor shall be responsible for
testing and commissioning all the work under this contract.

4.11.2 General Testing and Commissioning


The contractor shall perform
-

DC charger commissioning.

Substation Services commissioning.

Phase rotation checks.

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Voltage test and tap change settings.

Operational switching and control during commissioning of MV system.

HV Transformers, Circuit Breakers, CTs, VTs, disconnect switches and MV


Switchgear and reactive power support equipment at the Project Site shall be
fully tested and commissioned.

4.11.3 Transformers over 600V


The following tests shall be performed as a minimum:
A.

Turns Ratio,

B.

Insulation power factor, polarity, excitation, winding resistance (>10MVA only);

C.

Oil quality and Dissolved gas-in-oil analysis,

D.

Fan controls and all device alarm points, as applicable;

E.

Current transformer turns ratio, saturation, polarity, circuit loop checks, as


applicable;

F.

Bushing insulation power factor (>10MVA only),

G.

Doble.

4.11.4 Circuit breakers over 600V


The following tests shall be performed as a minimum:
A.

Insulation power factor, contact resistance, operator controls and interlocks,


travel/timing where equipped with test attachments,

B.

Gas pressure check,

C.

Current transformer turns ratio, polarity, and circuit loop checks,

D.

Bushing insulation power factor.

4.11.5 Switches over 600V


The following tests shall be performed as a minimum: (1)
A.

Contact resistance and operator adjustment.

4.11.6 Station bus systems


The following tests shall be performed as a minimum:
A.

Low resistance continuity check at bus joints.

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4.11.7 Voltage transformers over 600V


The following tests shall be performed as a minimum:
A.

Insulation power factor turns ratio, circuit loop checks,

B.

Oil level check if oil insulated.

4.11.8 Protective relays


The following tests shall be performed as a minimum:
A.

Calibrate as required and test by current and voltage injection using Doble or
equal relay test equipment,

B.

Functionally test to demonstrate circuit breaker actuation. Owner/utility may


witness test portions of the protective relays.

4.11.9 Station control wiring


The following tests shall be performed as a minimum:
A.

Perform point to point wiring checks of field control wiring and relay panel
wiring, complete functional check of the schematics (both AC and DC),
functionally verifying every circuit and highlighting the schematic diagram to
document the verification of each circuit.

B.

Verify all remote monitoring, indication, and alarm points,

C.

Perform loop checks on all current and potential circuits.

4.11.10 Grounding
The following tests shall be performed as a minimum:
A.

Perform initial earth resistivity tests as part of ground grid design,

B.

Perform completed grid tests per IEEE. 81

4.11.11 Maintenance and Testing


A.

In addition to the commissioning and testing that the Contractor will provide,
Owner will likely perform testing of any of the relaying and control equipment
that involves protection of the Owners electric system

B.

Testing records shall include both an exact calibration check and an actual trip of
the circuit breaker or contactor from the device being tested. For each test, a
report shall be submitted to the Utility indicating the results of the tests made
and the "as found" and "as left" relay calibration values.

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C.

Visually setting, without verification, a calibration dial or tap is not considered


an adequate relay calibration check.

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Section 5
SCADA and Communications
5.1

General

The Substation SCADA System is required for the purpose of providing substation control and
data acquisition, and aggregate control of the wind farm to the Owner/operator as well as
providing information about the wind farm and substation to the control area system operator.
The Substation SCADA System is also required to accept data (e.g. equipment status at the POI
and metering) from the Owner and provide such to the Wind Turbine Supplier SCADA System.
A conceptual SCADA diagram for the Project is included as Exhibit A-9.

5.1.1

Contractor Scope of Work

The Contractor will provide and coordinate the SCADA system for the Collection
System Substation, referred to hereafter as the Substation SCADA System and provide
the equipment and software to integrate all these systems into a fully functional SCADA
System.

5.1.2

General Design Philosophy

The following general design philosophy and requirements shall be complied with for
the Substation SCADA System. Information shall be collected utilizing Intelligent
Electronic Devices (IEDs) where available (example microprocessor based protective
relays or intelligent meters) through the RTUs serial connection. An RTU shall be
provided as needed to collect the required information from the IEDs or I/O modules.
The RTU shall also provide required wind farm functionality to the transmission service
operator, and Owner. The RTU shall also provide SCADA functionality for the Owners
Wind Turbine Supplier SCADA System as needed. All data points listed in the Wind
Farm SCADA Points List included in Exhibit A-10 shall be included in this system. At
a minimum the following communication protocols shall be supported: DNP 3.0 and
Modbus.

5.1.3

System Layout

The Conceptual SCADA Diagram provided in Exhibit A-9 shows a preliminary layout of
the SCADA system for the Project. The Contractor is responsible for finalizing the
system configuration and layout in coordination with the Owner.

Lake Winds Energy Park |

5-1
Rev. A. August 6, 2010

5.1.4

SCADA Integration

The Contractor is responsible for providing a fully integrated SCADA system for the
Project, that is, the Contractor shall provide a fully functional system to connect all parts
of the SCADA system (e.g. Owners RTU, the Substation SCADA System, and the Wind
Turbine Supplier SCADA system) together in a reliable cost effective manner.

5.2

Substation SCADA System Scope

The Contractor shall provide a complete Substation SCADA System for the substation. The
system shall include but not be limited to the following items;

5.2.1

Substation Communication System Design

Contractor shall prepare a communication block diagram of the substation illustrating


the interconnection of SCADA devices at the substation. The block diagram shall
identify devices, port numbers, communication cable type, protocols and device
addresses. Contractor shall also provide a cable list detailing communication cable type,
number of conductors, wire size, length, and destinations. If special connections are
required, a cable wiring diagram should be created.
Deliverables include: Communication Block Diagram, Communication Cable List as part
of master substation cable (circuit) list, Cable schematic drawings as needed.

5.2.2

SCADA Points Lists

Contractor shall work with the various parties involved and prepare a points list for
each entity listing the points being provided. A typical points list has been provided in
Exhibit A-10, as a base document from which a complete points list can be developed.
The Contractor shall co-ordinate the review and approval of the points lists by the all the
relevant parties. The points list will be of sufficient detail to allow programming of the
various slaves and masters. All digital points shall be provided by dry contacts when
not coming from an IED. Digital point wetting voltage shall be 125 VDC. Status points
which can change state multiple times between polls from the SCADA system (typically
2 seconds) shall require a change detect status card (i.e. breakers). Wires from metering
systems, and for communication, shall be twisted shielded pairs, and the shields shall be
grounded in the substation SCADA cabinet only.
Expected deliverables include: Owner Points List, Owner Interconnect Points List,
System/Area Operator Points List.

Lake Winds Energy Park |

5-2
Rev. A. August 6, 2010

5.2.3

Substation Device Configuration

The SCADA RTU must interface with the Owners Master and as such numerous
conventions must be followed. Contractor will coordinate with Owner to develop the
configuration files for the Substation SCADA System devices based on the system
design and points lists. Devices include, but are not limited to, communication
processors/RTUs, Ethernet Switches, meters (communication settings only), protective
relays (communication settings only).
Expected Deliverables include: Configuration files on CD.

5.2.4

Material Specification

Contractor shall prepare material lists containing an identifier, quantity, brief


description and part number for each item. Provide catalog cut sheets of each item on
the material lists and referenced with the same identifier.
Expected deliverables include: material lists and catalog cut sheets for communication
processors/RTUs and any other equipment required for a complete SCADA system.

5.2.5

Procurement, Installation and Implementation

Contractor shall procure, install, program and implement the design.

5.2.6

Commissioning

Contractor shall prepare a site acceptance procedure and submit for approval. Using the
accepted procedure, Contractor shall perform the tests to check for proper operation of
the Substation SCADA System including all analog information and digital status for
both the substation and wind farm. In addition the Contractor shall perform tests to
check for proper integration of the SCADA system and demonstrate appropriate
functionality between the Wind Turbine Supplier SCADA System, Substation SCADA,
Owner, and the System/Area Operator. The Contractor is only required, under the
SCADA scope, to demonstrate that the data points are supplied to the correct
memory/port locations for information being transferred to/from other parties, such that
their masters can read/write the data.
Commissioning and start up of the Wind Turbine Supplier SCADA system will be
carried out by the Turbine Supplier.

Lake Winds Energy Park |

5-3
Rev. A. August 6, 2010

Expected deliverables include: Site acceptance procedure, onsite personnel for SCADA
system commissioning, completed acceptance test documentation demonstrating the
appropriate collection and distribution of all the data points.

5.3

Fiber Optic Network Design


5.3.1

Design Requirements

Contractor shall prepare fiber optic overview design drawings; specifically including all
transitions from OPGW to underground cable and the connections to the substation
(and O&M building if the option is selected).

5.3.2

Fiber Optic Network Drawings

Contractor shall prepare fiber optic network drawings showing the fiber loop
connections to the turbines and meteorological towers. This design shall be based on
that supplied by the Turbine Supplier and shall be reviewed and approved by Turbine
Supplier.
Prepare fiber optic network drawings as required for substation connections (and O&M
Building connections if the option selected).
The fiber optic network design shall have sufficient capacity to support the installation
of the Wind Turbine Supplier SCADA system. The Contractor shall submit for Owners
review a complete set of project Fiber Optic Network Drawings.

5.3.3

Fiber Optic Splice and Distribution Panel Details

Contractor shall prepare drawings detailing the splicing/connections required at all


OPGW to underground transitions, the substation fiber optic distribution panel, and
O&M building fiber optic distribution panel (if the O&M Building option selected).
Expected deliverables include: Fiber Optic Splicing Drawings, Fiber Optic Distribution
Panel Drawings.

5.4

Fiber Optic Installation


5.4.1

General Installation

Contractor shall furnish and install fiber optic cable interconnecting the Turbines,
meterological towers, and the substation and other locations as required. All cables
shall be appropriately labeled with a permanently attached label.
Lake Winds Energy Park |

5-4
Rev. A. August 6, 2010

The Contractor shall provide conduits as required for any fiber entry into the substation
control building including that associated with the HVD lines (e.g. OPGW). Conduit
shall have a pull string for pulling the cable. Fiber optic cables may be routed through
substation control cable trenches with other control wiring (subject to Applicable Laws,
codes, and regulations) provided that a high-visibility color inner duct is used for
identification and protection of the fiber optic cables.
Contractor shall furnish and install fiber optic splice and distribution panels as required,
including, overhead to underground transitions, the project substation, and the O&M
Building (if O&M Building option selected). All distribution panels shall be neatly
labeled with each fiber pair source and destination information. Fiber optic distribution
panels in the Turbines shall be provided and installed by Contactor unless supplied and
installed by the Turbine Supplier.
Contractor shall furnish and install above ground communications cable junction boxes
as required.

5.4.2

Fiber Terminations

Contractor shall terminate all fiber optic cable utilized in the collection system,
substation, and other necessary locations. The cables shall be terminated with SC or ST
connectors as required and shall be in compliance with the Turbine Suppliers
specifications. Connectors, break-out kits, and other miscellaneous materials required
for terminating shall be provided by the Contractor. Each fiber pair shall be labeled with
a permanently attached label.
Expected deliverables include: Terminated fiber optic cables, Test reports.
Fiber patch cables from the fiber distribution panels to end devices shall be provided by
others.

5.5

Telephone and Telecommunications System


5.5.1

Communications Requirements

The Contractor shall be responsible to determine specific equipment required by the


Owner and the System Operator, specifically relating to SCADA, metering and
telemetering due to the interconnection agreement as well as equipment required to
complete the indicated control and protection requirements.
Communications facilities shall be provided between the:
Lake Winds Energy Park |

5-5
Rev. A. August 6, 2010

A.

Substation and the Owner systems for transfer trip relay and protection
applications, SCADA, telemetering, metering and voice communications.

B.

Substation and the System Operator for SCADA, telemetering, and voice
communications

The Contractor shall provide arrange and manage the delivery of the necessary
telephone lines/communication links for operation and maintenance of the facility,
including those listed above. The Contractor shall provide high speed internet access
line(s) for communication with the Wind Turbine Supplier SCADA system by the
Owner and the Turbine Supplier which will be brought to the substation control
building by others. The Contractor shall procure and install the necessary isolation
equipment and backer boards not supplied by the telecom provider, provide the
required isolation between the Project systems and the telecom providers systems if not
provided by the telecom provider; conduits from the communication panel and/or room
inside the substation control room and/or O&M building to a point outside the foot print
of the yard/building which shall be provided with pull strings to be utilized by the
connecting telecom utility.
The communications systems for the substation (and the O&M Building if the option is
selected) shall be coordinated with Owner to ensure compatibility and cost effectiveness

5.5.2

SCADA Interface

Contractor shall design, procure and install the equipment and programming necessary
to allow the Substation SCADA System to be interfaced via a computer located at the
substation control building desk.

Lake Winds Energy Park |

5-6
Rev. A. August 6, 2010

Section 6
O&M Building
If elected by the Owner by written notice to the Contractor on or before June 1, 2011, Contractor
shall perform all necessary Work to provide the O&M Building in accordance with the
specification set forth in Appendix J to this Exhibit A. The addition to the Contract Price, if the
Owner elects this option, is set forth in Exhibit F.

Lake Winds Energy Park |

6-1
Rev. A. August 6, 2010

Appendix A
Owner Substation Standards

Lake Winds Energy Park |


Rev. A. August 6, 2010

Appendix B
Consumers Energy Electric Distribution
Engineering Drawing Standards

Lake Winds Energy Park |


Rev. A. August 6, 2010

Appendix C
Electrical Switchboards

Lake Winds Energy Park |


Rev. A. August 6, 2010

Electrical Switchboards
A.

Provide switchboard panels of a modular steel construction for all control, protection,
monitoring and data acquisition equipment for the substation. In addition, when individual
wind-turbine facilities are extensive, panels, rather than box-type enclosures, shall be
utilized.

B.

Switchboard shall be complete with equipment, relays, meters, instruments, wiring, and
all accessories as specified. Construction shall comply fully with requirements for control
switchboard set forth in ANSI C37.2I.

C.

Provide equipment on 46kV line panel as follows:

D.

E.

1.

Circuit Switcher control switch (device CSR), Electroswitch type CSR

2.

Positions indications lights one red and one green (devices LR and LG)

3.

Watt/Var/Volt meter (device WVV).

4.

Three phase Voltmeter (device VM)

5.

Three phase amp/amp demand meter (device AM)

6.

Watt/VAR transducer

7.

Volt transducer

8.

Amp transducer

9.

Current and voltage test block for metering. Multi-amp type MTS block

10.

Local/remote selector switch for SCADA cutout (device 43R) with Amber lamp to
indicate when SCADA is cutout

11.

Circuit switcher maintenance switch (device 43M) shall cutout operation of Circuit
Switcher from panel

Provide equipment on 46kV transformer relay panel as follows:


1.

Transformer differential relay (device 87T)

2.

Transformer overcurrent relays (device SIX, 51Y, 51Z, and SIN).

3.

Lockout relay, manual reset for use with transformer differential relay,
overcurrent relays, and sudden pressure relay (device 86T), Electroswitch LOR.

4.

LOR alarm relay (device 86/74) to indicate: loss of DC to LOR, LOR has picked
up, LOR coil has failed. The 86/74 shall light an Amber lamp on the panel.

Provide equipment on Annunciator panel (panel 4) as follows:


1.

Station Annunciator -Manufacturer: Amatek Panalarm Model: Series 90AF2

2.

Monitor the following indications

Lake Winds Energy Park |

a.

Ckt Swr out of position

b.

Transformer lockout relay picked up

c.

Reclosers open

d.

House high temperature alarm

e.

House low temperature

f.

Battery DC voltage hi/lo alarm


C-1
Rev. A. August 6, 2010

g.

Low station power alarm

h.

Battery charger loss of AC

i.

Transformer High Oil Temperature

3.

The annunciator shall light a 100W over the door on the exterior of the control
house to indicate any uncleared alarms

4.

The annunciator shall have 28 modules. Each alarm shall be in its own module

F.

Device environmental specs (Later)

G.

Surge withstand - (Later)

H.

Wiring
1.

Wire: Stranded, tinned copper

2.

Installation: Flame-resisting switchboard type

3.

Accessories: Provide terminals, auxiliary devices, wiring troughs, and


miscellaneous materials as required

4.

Terminate wiring to facilitate connection of control, potential and power supplies


to high-side circuit breaker, transformer, and protective relaying.

5.

Circuit Protection - Provide fuses and fuse blocks for, but not limited to:

a.

Secondary leads of potential transformers

6.

Circuit protection shall be such that each panel is provided with a separate
means of protection and the capability of disconnecting the protection and circuit
feed without removing power from adjoining panels.

I.

Box heat/moisture protection Adequate protection shall be provided if the switchboard


panels will not be housed in a heated or protected environment

J.

Nameplates color coding

K.

Drawings

L.

1.

Front view drawings showing location of all front-mounted equipment.

2.

Elementary diagrams including 3-line diagrams of all potential and current


secondary circuits showing device termination numbers, internal connections and
circuit numbers.

3.

Symbols shall conform to ANSI Y32.2/IEEE 315/CSA 299

4.

Schematic control and protection diagrams.

5.

Complete wiring diagrams showing connections of all components devices and


equipment. Wiring diagrams shall include all incoming/outgoing cable
terminations.

6.

Material List of all items in the panels

7.

Circuit List of all circuits in the substation and individual wind-turbine facilities

8.

Name Plate List of all nameplates used on panels, boxes, etc.

Testing
1.

When received, all relays, instruments, and other components shall be checked
for external, internal, or concealed shipping damage. If damages have occurred,
notify Owner.

2.

Perform continuity checks of all circuits.

Lake Winds Energy Park |

C-2
Rev. A. August 6, 2010

3.

Check all wining for loose connections.

4.

Grounding of instrument transformer cases tests.

5.

Control wiring insulation tests.

6.

Instrument transformer polarity tests.

7.

Dielectric tests: In accordance with latest revision of ANSI C37.90 shall be


performed on all electrical components and wiring except any equipment
specifically stated as an exception to these test by its manufacturer.

8.

Functional tests on all relays, instruments, meters and control devices by


application of secondary 3-phase voltage to voltage circuits and injection of
current in current transformer secondary circuits. This shall include testing for proper
operation and direction of relays.

M.

Construction & Assembly


1.

Type: Vertical, stationary equipment panels

2.

Nominal dimensions: 98"" high; 24" wide; 20" deep

3.

Construction: Nominal 1/8" aluminum plate for equipment mounting. Aluminum plate to
be supported on a framework that allows replacement of equipment and
mounting plates with a blank plate that is flush with other mounting plates. Panel
shall be "rigid and square. Provide stiffening members as required

4.

Framework and plate to conform to Consumers Energy standard MK structural


standards to be provided later

5.

Color of finish: ANSI No. 70, light gray

6.

Mount accessories not designed for front mounting in the panel wings. Do not
obstruct access to devices mounted on front panel

7.

Make provisions for supporting incoming cables from field. Provide vertical wire
way near core of panel for routing panel wiring. All cables leaving the panel shall
be terminated on States type sliding link terminal blocks (except CT circuits use shorting-type blocks)

8.

Equipment terminals shall be readily accessible from rear of panels, without


removal of equipment or fixed auxiliary panels

9.

Provide for top entrance of control cables from field. Provide adequate space for
entrance of cables and means for support of cable with cable ties

10.

Terminal Blocks:
a.

Terminal blocks for connection of cables shall be readily accessible.

b.

Sliding links on vertical mounted blocks shall slide open toward the
center of the panel and horizontal mounted blocks shall tend to fall open

c.

See Section (later) for appropriate block types.

N.

Panels shall be bolted to floor of control house

O.

Instrument and Control Switches


1.

Lake Winds Energy Park |

Type
a.

Control: Rotary, enclosed, rear mounted

b.

Supervisory and instrument: Toggle, enclosed, rear mounted. Toggle


switches shall be no larger than 4PDT. If more than 4 contacts are
required use a Rotary switch with a knurled handle.
C-3
Rev. A. August 6, 2010

2.

P.

Q.

R.

a.

Circuit Switcher Control: Pistol Grip

b.

Other functions: Knurled

3.

Provide each switch with a name plate indicating its purpose and function of each
position

4.

Manufacturer:
a.

Control Switch: Electroswitch Type CSR

b.

Rotary switches: Electroswitch Type 24

c.

Toggle switches: Micro Switch Type TLl-3D

Indicating Lights
1.

Type: Round, 125 volt dc; General Electric Type ET-16 or equal

2.

Provide color lens cap as required

Instruments
1.

Type: Switchboard, transformer-rated, 1% accuracy class, DIGITAL, rectangular,


semiflush mounted

2.

Proposed Manufacturers (later)

3.

Terminals: Rear connecting

4.

WVM: Watt-Var-Volt meter shall provide continuous indication of total Watts, total
Vars and average voltage. It shall include 0-1 ma output for Watts, Vars and
Volts suitable for input to the RTU

5.

VM: Volt meter shall provide continuous indication of all three phases of line to
neutral voltage

6.

AM: Amp/Amp demand meter shall provide continuous indication of all three
phase currents with a push button to bring up amp demand indication and the
ability to clear the demand reading. It shall include 0-1 ma output for each phase
of amps

Test Switches
1.

2.

S.

Distinguish switch functions by distinctive shapes of handle as follows:

Meter tests switches (mount on front of panel):


a.

Knife blade test switch: 10-pole with potential and current elements as
required, cover, Multiamp MTS

b.

Identify each potential and 1 of each pair of current switches with phase
designation "X", "Y", or "Z"

Lockout test switches (mount on rear of panel): 10 single-pole potential elements,


cover, wired in series with coils and normally open contacts of lockout relays,
Multiamp MTS

Alarms
1.

Lake Winds Energy Park |

Provide alarm contact wired to terminals, for following functions:


a.

Loss of dc voltage at lockout relay circuit

b.

Circuit breaker "Local-Supervisory" switch in "Local" position

c.

Each lockout relay operation

d.

Transformer alarms
C-4
Rev. A. August 6, 2010

T.

U.

V.

W.

e.

Battery under/over voltage

f.

Station power undervoltage

Grounding
1.

Provide ground bus, grounding facilities, and connections in accordance with


ANSI C37.20

2.

Provide ground bus full-length in each panel; minimum 1/4" xl" copper bar with
terminal plugs at each end of switchboard for No.2 AWG to 1/0 AWG copper
ground cable

3.

Provide washer-head connecting screws for connection of ground wires from


switchboard and control circuits. Provide interpanel bus connections for
continuous ground bus along adjacent panels

4.

Equipment cases shall be grounded to panel by use of external star backwashers


on at least one mounting stud

Finish
1.

Primer coat: Rust-resisting primer

2.

Finish coat: ANSI Z55.1 No. 70 sky gray, weather-resisting enamel

3.

Undersurface of switchgear and aisle shall be protected from corrosion with


suitable protective coating

4.

Provide one quart (each color) of matching touch-up paint in aerosol spray cans

Nameplates
1.

Material: Black, red or yellow (as needed) plastic engraving stock, 1/16 thick
with white or black (as needed) core

2.

Styles shall be in accordance with Consumers Energy standards Brown Book


Section 14

3.

Locations:
a.

Front and rear each unit

b.

Each control switch

c.

Each relay

d.

Each set of low voltage fuses

e.

Each ac circuit protective device

f.

Each test switch

g.

Each meter package

4.

Tripping devices: any device that trips another device shall have a name plate
with white letters on a red background identifying what it trips

5.

Cutoff Switches: Relay test switches shall have a nameplate with black letter on
a yellow background identifying what it cuts off

Accessories
1.

Test plug for each style of relay case and test switch

2.

Test plug for each style of current and potential test switch

3.

Software for all microprocessor-based relays and meters.

Lake Winds Energy Park |

C-5
Rev. A. August 6, 2010

Appendix D
Metering Requirements

Lake Winds Energy Park |


Rev. A. August 6, 2010

III.

Billing Quality Metering


A.

Revenue, billing quality metering shall be provided at the substation and wind-turbine
sites

B.

In the substation, the metering shall be installed in a meter socket, on a meter board
installed on the control house wall. Consumers Energy may provide standard meter
board design.

C.

At each wind-turbine location, the metering shall be installed in a meter socket, on a


meter board or panel or electrical box in a suitable indoor location near the
communications equipment.

D.

At each wind-turbine location, Consumers Energy may entertain the possible use of a
non-traditional (non-round) panel or surface mount meter. For such, no socket will be
utilized.

E.

The metering will meter both real and reactive power flow.

F.

The metering at each location shall be bidirectional, such that both generation and usage
(when not generating, or generating minimally) can be captured.

G.

Although all installation and design shall be provided, Consumers Energy shall provide
the actual meters.

H.

The contractor shall give Consumers Energy adequate time to acquire the meters and
provide sufficient range/scaling information to facilitate such.

I.

Consumers Energy shall coordinate delivery of the meters with the construction
contractor.

J.

A mounting surface for the meters, recorders, connection cabinets, a housing for the
instrument transformers, a conduit for the conductors between the instrument transformer
secondary windings and the meter connection cabinets, and a conduit for the
communication links, if required shall be provided. All of this equipment must meet
Consumers Energys specifications and requirements.

K.

PTs and CTs


1.

Consumers Energy will provide a set of metering PT's, CT's and meter socket for
installation by the contractor.

2.

The contractor is responsible for arranging for PT's, CT's and meter socket with
Consumers Energy.

3.

The contractor shall install PT's, CT's, meter socket, wiring and test facilities
associated with Billing Metering.

4.

Provide States Type NT sliding link terminal blocks at metering panel for potential
circuits.

5.

Provide a meter test switch for test meter.

6.

Provide one dial-up phone circuit to the Consumers Energy meter.

L.

Transducers

M.

WATT/VAR
1.

Provide one 3 Element 3 Phase WATT/VAR Transducer wired in the Metering PT


&CT circuits having separate 0 - 1 ma outputs for WATTS and VARS.

2.

Manufacturer: Transdata. Model 30EWRS525E

Lake Winds Energy Park |

D-1
Rev. A. August 6, 2010

N.

O.

Volt
1.

Provide one single phase volt transducer wired in the metering PT circuits having
a 0 -1 ma output.

2.

Manufacturer: Transdata. Model 10PS501

Wire transducer outputs to the station RTU.

Lake Winds Energy Park |

D-2
Rev. A. August 6, 2010

Appendix E
Relay Requirements

Lake Winds Energy Park |


Rev. A. August 6, 2010

V.

Protective Relays
A.

Provide relays as required to perform functions specified

B.

Protective relays shall be as specified for each switchboard panel.

C.

Lockout relays: (Device 86) Electroswitch Type LOR

D.

Provide auxiliary relays and accessories required

E.

All relays must be equipped with targets or other visible indicators to indicate that the
relay has operated.

F.

Regardless of the source or type (AC or DC), if there is a loss of this power for control
voltage, the systems must be designed to disconnect the generation from the Utility
electric system.

G.

The relay and/or control system must be designed such that the wind farm is prevented
from energizing the Utility electric system if it is in a de-energized state.

H.

Approved Relay Types


1.

The relays listed below are generally acceptable for applications that satisfy
Consumers Energys Interconnection Requirements. Use of unlisted relays is by
exception only and not before requesting and receiving prior written approval of
Consumers Energy.

2.

Many listed relays are not equipped with required test facilities. Such test
facilities must be added before the installation may be approved. All testing is
limited to a nominal maximum of 120 volts and 5 amperes. Relay devices must
be selected which do not exceed these values.

3.

Where different models or styles of the listed relays are available, acceptability of
the relay is dependent on the proper model or style being selected for the
particular application. Relays requiring the use of a separate time delay relay are
noted with an asterisk (*).

4.

Utility Grade
a.

Neutral Overvoltage Ground Protection Relay (59N)


Westinghouse SV*
Brown Boveri

ITE-59G

ASEA Electric RXEG21*


Basler
b.

BE1-59N*, BE1-59*

Under & Over Frequency Relays (81 U/O)


General Electric

SFF

Westinghouse MDF, KD*


Brown Boveri

ITE-81

ASEA Electric RXFE-4*


Basler
c.

BE1-81 O/U

Under & Overvolage Protection (27 and 59)


General Electric

SLV

Westinghouse SSVT*
Lake Winds Energy Park |

E-1
Rev. C. November 4, 2010

Brown Boveri

ITE-47D (27 only)

ITE-59N (59 only)


ITE-27/59
Basler BE

1-27 (27 only)

BE1-59 (59 only)


BE1-27/59
d.

Phase Fault Protection (51V)


General Electric

IJCV (discontinued relay type)

IFCV, IFCS
Westinghouse COV
Brown Boveri

ITE-47H with ITE-51I (both relays required)

ASEA Electric RXPE-42 with RXIDF-2H (both relays required)


Basler

BE1-51/27R

BE1-51/27C
e.

Reverse Power (32)


Westinghouse CRN-1
Basler

BE1-32

Brown Boveri

ITE-32

ASEA Electric RXPE-41/40


General Electric
f.

GGP53

Multifunction (see note below)


Beckwith Electric

PRIDE Model M-0296 (27, 59, 810, 81U)

PRIDE Model M-0420 (27, 59, 810, 81U)


Model 3410A Intertie/Generator Protection Relay
Model 3425 Generator Protection System
Model 3520 Intertie Protection System
Schweitzer Eng (SEL)
SEL-300G
Basler

SEL-351, SEL-311A, SEL-311B, SEL-311C,

BE1-951, BE1-GPS100, BE1-IPS100

General Electric

SR489 Generator Management Relay

SR750/760 Feeder Management Relay


DGP Digital Generator Protection Relay
g.

Timing Relays
Agastat

SSC Series, SCC Series

Westinghouse TD
General Electric
Brown Boveri
Lake Winds Energy Park |

SAM
ITE-62K, ITE-62L
E-2
Rev. C. November 4, 2010

ASEA Electric RXKF


h.

Neutral Overcurrent relays (51N)


General Electric

IAC53, IFC53

Westinghouse CO8
Basler

BE1-51

Brown Boveri

ITE-51

ASEA Electric RXIDF2H


i.
5.

A system has been developed which utilizes the RFL Industries 6745 transfer trip
equipment. Consumers Energy will supply technical details, utility costs, and
specifications when responding to proposed interconnection Projects.
a.

I.

J.

Direct Transfer Trip

Out of Step Tripping

6.

At this time, only the Schweitzer SEL-311C relay is approved for out-of-step
tripping of the generator(s). In order to apply the out-of-step tripping relay,
extensive power system stability studies must be performed.

7.

The above multifunction relays are very versatile, but also very complex
products. In order to avoid unnecessary delays in completion of projects using
these devices, coordination with Consumers Energy is strongly encouraged.

8.

Since many of these relays have programmable inputs and outputs, the
contractor is asked to specify which programmable inputs and outputs are to be
used and for what purpose in satisfying Consumers Energy requirements. For
example, the specific trip output to be used for a purpose should be detailed, as
should any programmable input that may be used for monitoring the contact
status of a circuit breaker.

9.

If the device is intended to satisfy both Consumers Energy requirements and to


provide other generator protection and/or control functions, the contractor should
specify precisely which protective functions within the multifunction relay are
intended to satisfy each.

Instrument Transformer Requirements


1.

All relaying must be connected into instrument transformers.

2.

All current connections shall be connected into current transformers (CTs). All
CTs shall be rated to provide no more than 5 amperes secondary current for all
normal load conditions, and must be designed for relaying use, with an accuracy
class of at least C50. Current transformers with an accuracy class designation
such as T50 are NOT acceptable. For three-phase systems, all three phases
must be equipped with CTs.

3.

All potential connections must be connected into voltage transformers (VTs). For
single-phase connections, the VTs shall be provided such that the secondary
voltage does not exceed 120 volts for normal operations. For three-phase
connections, the VTs shall be provided such that the line-to-line voltage does not
exceed 120 volts for normal operation, and both the primary and secondary of
the VTs shall be connected for grounded-wye connections.

Direct Transfer Trip (DTT)


1.

Lake Winds Energy Park |

Direct Transfer Trip is generally not required for Induction or Inverter-Type


Projects. Direct Transfer Trip is generally not required for Synchronous Projects
E-3
Rev. C. November 4, 2010

that will operate in the Non-Flow-back Mode since a more economic reverse
power relay scheme can usually meet the requirements. For Synchronous
Flowback Projects, the need for DTT is determined based on the location of the
PCC. The Utility requires DTT when the total generation within a protective zone
is greater than 33% of the minimum Utility load that could be isolated along with
the generation. This prevents sustained isolated operation of the generation for
conditions where Project protective relaying may not otherwise operate.
2.

Direct transfer trip adds to the cost and complexity of an interconnection. A DTT
transmitter is required for each Utility protective device whose operation could
result in sustained isolated operation of the Project. An associated DTT receiver
at the Project is required for each DTT transmitter. A phone Data Circuit is
required between each transmitter and receiver. Telemetry is required to monitor
status of the DTT communication, even if telemetry would not otherwise have
been required.

3.

At the Project Developers expense, the Utility will provide the receiver(s) that the
Project Developer must install, and the Utility will install the transmitter(s) at the
appropriate Utility protective devices.

K. Automatic Reclosing

L.

1.

The Utility employs automatic multiple-shot reclosing on most of the Utilitys


circuit breakers and circuit reclosers to increase the reliability of service to its
customers. Automatic single-phase overhead reclosers are regularly installed on
distribution circuits to isolate faulted segments of these circuits.

2.

The Project Developer is advised to consider the effects of Automatic Reclosing


(both single-phase and three-phase) to assure that the Projects internal
equipment will not be damaged. In addition to the risk of damage to the Project,
an out-of-phase reclosing operation may also present a hazard to the Utilitys
electric system equipment since this equipment may not be rated or built to
withstand this type of reclosing.

3.

To prevent out-of-phase reclosing, circuit breakers can be modified with voltage


check relays. These relays block reclosing until the parallel generation is
separated and the line is "de-energized." Hydraulic single-phase overhead
reclosers cannot be modified with voltage check relays; therefore, these devices
will have to be either replaced with three-phase overhead reclosers, which can
be voltage controlled, or relocated beyond the Project location - depending upon
the sectionalizing and protection requirements of the distribution circuit.

Single-Phase Sectionalizing
1.

M.

The Utility also installs single-phase fuses and/or reclosers on its distribution
circuits to increase the reliability of service to its customers. Three-phase
generator installations may require replacement of fuses and/or single-phase
reclosers with three-phase circuit breakers or circuit reclosers at the Project
Developers expense.

Relay Setting Criteria - The relay settings as detailed in this section will apply in the vast
majority of applications. The Utility will issue relay settings for each individual Project
Developer that will address the settings for these protective functions. All voltages will be
adjusted for the specific VT ratio, and all currents will be adjusted for the specific CT
ratio.
1.

Lake Winds Energy Park |

Undervoltage Relays - The undervoltage relays will normally be set to trip at 88%
of the nominal primary voltage at the relay location, and must reset from a trip
condition if the voltage increases to 90% of the nominal primary voltage at the
relay location. In order to accommodate variations in this criteria, the trip point of
E-4
Rev. C. November 4, 2010

the relays shall be adjustable over a range of 70% of the nominal voltage to 90%
of the nominal voltage. The trip time shall not exceed 1.0 seconds at 90% of the
relay setting.
2.

Overvoltage Relays - Two steps of overvoltage relaying are required.

3.

For the first overvoltage set point, the overvoltage relays will normally be set to
trip at 107% of the nominal primary voltage at the relay location, and must reset
from a trip condition if the voltage decreases to 105% of the nominal primary
voltage at the relay location. In order to accommodate variations in this criteria,
the trip point of the relays shall be adjustable over a range of 105% of the
nominal voltage to 120% of the nominal voltage. The trip time shall not exceed
1.0 seconds at 110% of the relay setting.

4.

For the second overvoltage set point, the overvoltage relays will normally be set
to trip at 120% of the nominal primary voltage at the relay location, and must
reset from a trip condition if the voltage decreases to 118% of the nominal
primary voltage at the relay location. In order to accommodate variations in this
criteria, the trip point of the relays shall be adjustable over a range of 115% of the
nominal voltage to 140% of the nominal voltage. The trip time shall be
instantaneous (relay operating time not to exceed 0.02 seconds at 110% of the
trip setting).

5.

Underfrequency Relays - The Underfrequency relay will normally be set for a trip
point of 58.5 Hz, and must trip within 0.2 seconds. Relays with an inverse time
characteristic (where the trip time changes with respect to the applied frequency)
are not acceptable. These relays must respond reliably for applied source
voltages as low as 70% of the nominal voltage.

6.

Overfrequency Relays - The overfrequency relay will normally be set for a trip
point of 60.5 Hz, and must trip within 0.2 seconds. Relays with an inverse time
characteristic are not acceptable. These relays must respond reliably for applied
source voltages as low as 70% of the nominal voltage.

7.

51V Relays Voltage Controlled Overcurrent Relays - For synchronous Project


applications, the (51V) relays must be set to detect any phase faults that may
occur between the Project and the nearest three-phase fault clearing device on
the Utility system. Since these faults may take up to 1-second to detect and
isolate, the appropriate saturated direct-axis reactance of the Project will be used
depending on its time constants. The settings of this device will consider the
relay manufacturers recommended practice for the type of Project and prime
mover (mechanical energy source), and will be determined by the Utility for the
specific system application.

8.

59N Relay Ground Fault Detection - This relay will be applied to detect ground
faults on the Utility system when the Project is connected to a grounded Utility
system via an ungrounded transformer winding. This relay will be set for a 10%
shift in the apparent power system neutral. For an ungrounded-wye transformer
winding with a single 120 V secondary VT, the setting will usually be 12 Volts.
For a delta transformer winding with broken delta 120 V secondary VTs, the
setting will usually be 20 Volts. The time delay will normally be 1 second.

9.

51N Relay Ground Fault Detection - This relay will be applied to detect ground
faults on the Utility system when the Project is connected to a grounded Utility
system via a grounded-wye transformer winding, and will be connected into a CT
in the transformer neutral connection. This relay will be set to detect faults on the
directly connected Utility system, and the timing will be set to comply with Utility
practice for overcurrent relay coordination. The CT ratio and specific relay setting
will be determined via a fault study performed by the Utility.

Lake Winds Energy Park |

E-5
Rev. C. November 4, 2010

10.

Lake Winds Energy Park |

32 Relay Reverse Power - The reverse power relay must be selected such that
it can detect a power flow into the Utility system of a small fraction of the overall
Project capacity. The relay will normally be set near its minimum (most sensitive)
setting, and will trip after a 1 second time delay. The delay will avoid
unnecessary tripping for momentary conditions.

E-6
Rev. C. November 4, 2010

Appendix F
Underground Collection Cable Specification

Lake Winds Energy Park |


Rev. C. November 4, 2010

Appendix G
Construction Aids

Lake Winds Energy Park


Rev. C. November 4, 2010

Appendix H
Card Access System

Lake Winds Energy Park


Rev. C. November 4, 2010

Appendix I
Electrical Loss Information

Lake Winds Energy Park


Rev. C. November 4, 2010

Appendix J
O&M Building Specification

Lake Winds Energy Park


Rev. C. November 4, 2010

Appendix K
MCRC Specifications

Lake Winds Energy Park


Rev. C. November 4, 2010

Exhibit A-1
Division of Responsibility Matrix

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

EXHIBIT A-1
DIVISION OF RESPONSIBILITY MATRIX

Task Description
General
Owner Supplied Permits
Contractor Supplied Permits
Easement Rights
ALTA Surveys
Crop loss payments
Registered professional engineer certification of the Work
Electrical studies and other studies
Geotechnical Study
Public road bonding
As-built documentation and Job Books

Civil Works
Civil design
Surveying
Civil infrastructure within Project Boundaries
Temporary construction facilities
Turbine delivery to Job Site
Public road and appurtenance upgrades, maintenance,
improvements, restoration outside Project Site Boundaries
Pre-Construction and Post-Construction Road Inspections and
Reports including Pre- and Post-construction videos.
Temporary public road intersection improvements (widening)
within Project Site Boundaries
Public road and appurtenance reinforcement and upgrades to
facilitate turbine delivery and the Work within Project Site
Boundaries
Public road and appurtenance maintenance within Project Site
Boundaries during the Work
Public road and appurtenance restoration within Project Site
Boundaries following completion of the Work
Laydown area
Staging areas
Access Roads
Crane Pads
Crane Pad removal
Crane Paths
Turbine Assembly Area
Quality Assurance / Quality Control
Testing
Operations and Maintenance Building design, engineering,
procurement, construction
Restoration

Wind Turbine Foundations


Provide tower foundation design basis and template ring
drawing
Foundation design
Materials procurement
Provide tower foundation templates
Supply and install Tower anchor bolts, nuts, washers and
shims
Supply earthing kit
Foundation installation
Install turbine grounding grid and provide strap and hardware in
tower base
Leveling of tower foundation
Quality Assurance / Quality Control
Testing

Owner

Contractor

x
x
x
x

Turbine
Supplier

x
x

Contractor to supply detailed design


information/support as necessary.

As further described in Exhibit A-4.

x
x
x
x
x

x
x
x
x

Comments

x
x
x

Turbine supplier to supply his own construction


trailer.

x
x
x
x
x
x
x
x
x
x
x
x
x
x
x

Retained Contract Option

x
x
x
x
x
x
x

x
x
x

Page 1 of 4

FINAL

EXHIBIT A-1
DIVISION OF RESPONSIBILITY MATRIX

Task Description

Owner

General
Turbine Deliveries
Provide access to laydown areas, staging areas, and Job Sites
in accordance with Exhibit B-1
Deliver Turbines and components, in accordance with the
intervals set forth in Unloading and Loading Time Periods
(Exhibit B-1)
Deliver Special Offloading and Installation Tools identified in
Lifting and Rigging Tools (Exhibit B-1)
Unload, inspect, and accept Turbines and components in
accordance with Unloading and Loading Time Periods (Exhibit
B-1)
Cleaning of turbines upon arrival
Pack Delivery Devices and make available for pick-up
Load Delivery Devices on transport equipment
Pack Special Offloading and Installation Tools
Make Special Offloading and Installation Tools available for
pickup by Turbine Supplier

Turbine
Supplier

Comments

x
x
x
x

Supplier responsible. Contractor provide


assistance.

x
x
x
x
x

Turbine Installation
Perform Installations in accordance with Installation Manual for
nacelle, hub, blades and Towers
Provide Technical Field Assistance to advise on Installation
Manual
Erection of Tower base section
Placing and running down anchor bolt nuts
Final level adjustment of Tower base section and grouting
Tensioning of all anchor bolts
Erection of lower, lower-mid, upper-mid and top Tower sections

x
x
x
x
x
x
x

Erection of nacelle, hub, and blades


Supply anchor bolt protective caps
Post-tension and verify anchor bolt tension after approximately
ninety (90) Days
Grease anchor bolts and install anchor bolt protective caps
and/or painting of anchor bolts
Termination of Tower ground to ground grid strap
Termination of ground cables to Tower ground lugs
Provide Service Lift
Install Service Lifts per Service Lift Installation Instructions
(Exhibit B-1)
Install card access system on Turbines
Install camera capability for Turbines
Perform Mechanical Completion activities per Installation
Manual (Exhibit B-1)
Clean Turbines in preparation for Mechanical Completion
walkdown
Touch up painting of Turbines
Supply FAA lighting and brackets for Turbines
Install FAA lighting brackets on designated nacelles
Install FAA lighting on designated nacelles
Supply and install FAA lighting and mounting brackets for met
towers
Connect FAA lighting to SCADA system (including outage
warning system)
Unloading/Loading
Turbine Mechanical Completion
Commissioning
Performance Testing

Contractor

x
x
x
x
x
x
x

x
x
x
x
x
x
x

x
x

Turbine supplier to provide coating material.

x
x
x
x

Page 2 of 4

Supplier responsible. Contractor provide


assistance.

FINAL

EXHIBIT A-1
DIVISION OF RESPONSIBILITY MATRIX

Task Description

Owner

General
Collection System
Design
Procurement
Installation
Termination of collection system to substation
Supply MV cable from Turbine transformer to Switchgear
Supply termination materials for Turbine generator side of
Switchgear
Install Switchgear in Tower base
Terminate MV cables from Turbine generator to Switchgear
Supply MV cable on collection system side of Switchgear
Supply termination materials for collection system side of
Switchgear
Terminate MV cable from collection system to Switchgear
Provide Switchgear grounding and connection type
Provide coordination study and settings
Calculate protection setting, test and commission Switchgear

x
x
x
x

HVD Line Relaying

Comments

x
x

x
x
x
x
x

x
x

x
x

x
x
x
x

x
x

x
x
x

Substation SCADA System


Testing
Commissioning
Conduct arc flash hazard analysis
Provide personal protective equipment plan
Equipment labeling
Quality Assurance / Quality Control
Testing
Energization
Commissioning

HVD Line and Amber Substation Modifications


Design
Procurement
Installation
Amber Substation Interconnection
Testing
Energization
Commissioning

Turbine
Supplier

x
x
x
x

Provide arc flash technical documentation for Turbines


Conduct arc flash hazard analysis prior to Turbine Mechanical
Completion of first Turbine
Provide personal protective equipment plan for Arc Flash
hazard in Turbine
Labeling from Switchgear in for Arc Flash
Labeling from Switchgear out for Arc Flash
Provide personal protective equipment plan for Arch Flash
hazard out of Turbine
Quality Assurance / Quality Control
Testing
Energization
Commissioning

Substation
Design
Procurement [Main Transformer(s)]
Main Transformer Dress Out and Testing
Unloading Main Transformer(s)
Procurement [balance of mat'ls and equipment]
Installation
Connection of HVD Line at Dead End Structure
Metering

Contractor

x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x

Owner to supply CTs, PTs, Meter Socket.


Contractor to install.
Owner to specify line relaying. Contractor to
design and install line relaying at substation.

x
x
x
x
x
x
x

Page 3 of 4

FINAL

EXHIBIT A-1
DIVISION OF RESPONSIBILITY MATRIX

Task Description

Owner

General
Wind Turbine Supplier SCADA System
Install and maintain T1 data grade line (or equivalent) in
accordance with the Project Schedule to Turbine Supplier
project trailer
Install and maintain T1 data grade line (or equivalent) in
accordance with the Project Schedule terminated to the
Turbine Supplier SCADA server.
Provide Turbine Supplier with a static public internet protocol
(IP) address accessible through any internet connection

Contractor

Turbine
Supplier

Comments

x
x
x

Design fiber optic network for Wind Turbine SCADA System


upon receipt of Electrical One-Line Diagram
Supply fiber optic cable in accordance with Fiber Cable
Handling Instructions (Exhibit B-1; Section M.3) and Fiber Optic
Layout (Exhibit B-1; Section M.4)
Install fiber optic network cable in conjunction with collection
system and junction boxes
Supply termination material for fiber optic cable terminations to
Turbine Supplier SCADA System server and Turbines

x
x
x
x

Install fiber optic cable at tower base providing appropriate


amount for terminations
Terminate fiber optic cable to appropriate control panel inside
Turbine base
Provide power supply and communication links for Turbine
Supplier SCADA System server
Supply and install fiber cable to Turbine Supplier SCADA
System server location
Install Turbine Supplier SCADA System server
Terminate fiber cable to SCADA System server
Commission and test Turbine Supplier SCADA System

x
x
x
x
x
x
x

Meterological Towers and Performance Curve Verification


Design, supply and install permanent meteorological towers
(hub height), including the booms
Design, supply, install and remove temporary meteorological
towers (hub height)
Design, procure materials, and install foundations
Supply fiber optic cable to permanent met towers
Terminate fiber cable to permanent meteorological towers
Provide, install and terminate power system
Provide, install and remove conduit between meteorological
towers as needed
Provide and Install instrumentation and loggers for permanent
meteorological towers
Supply instrumentation, booms and loggers for Performance
Curve Verification
Install and remove instrumentation, booms and loggers for
Performance Curve Verification
Supply instrumentation, booms and loggers for site calibration
Install and remove instrumentation, booms and loggers for site
calibration
Perform site calibration prior to erection of first Tower
Verify Power Curve through Power Curve Percentage Test
Sound Emissions Test

2 in base contract. Retained option for


additional towers.

x
x
x
x
x
x

x
x
x
x
x
x
x
x

Page 4 of 4

FINAL

Exhibit A-2
Project Site Layout

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

LEGEND

Wilson Rd

Bradshaw Rd 31

31

24

S US

'

011-017-010-00

014-018-001-10

011-017-008-00
011-017-010-50
011-017-011-00

014-018-003-00
014-018-009-40

014-018-011-00

'

014-018-001-90

014-018-015-00
014-018-014-00
014-018-016-00

011-017-009-10

011-017-012-00
014-018-017-50

13

18
014-018-033-00

014-018-030-00

33

014-018-021-00

de

Blundell Rd

rs

014-018-034-11

on

011-017-019-00

Rd

014-019-002-00

s
Lake

014-019-005-00
014-019-010-01
014-019-013-00
014-019-004-00

h ore
Dr

014-019-008-00

011-017-030-10

011-020-011-90
011-020-003-00

'

011-020-005-00

Run

014-019-006-00

'

yan

014-019-020-10
014-019-033-00
014-019-020-60
014-019-020-15
014-019-020-11
014-019-019-00

20

014-019-029-10

011-020-009-00

Rd

014-019-029-00

011-021-010-50
011-021-010-80

011-020-017-00

Birchwood Dr

011-020-021-00

014-019-024-00
014-019-027-00

014-019-024-50
014-030-006-00

014-019-036-00
014-019-031-00

011-020-021-10

011-020-020-00

011-029-013-70
014-030-001-00

014-030-005-01

'

011-029-013-00
014-030-005-90

Rd

011-029-002-80
011-029-003-00
011-029-002-90
011-029-011-00

47

014-030-002-00
014-030-003-00

014-030-007-00

014-030-004-20
014-030-004-10

014-030-007-90
014-030-012-00

Sch l

ick R

Ba
ss

Rd

La
ke

ck
Ma

Blv

Pere Marquette Hwy

25

'

'

014-030-009-00

51

52

014-030-010-00

'

29

011-029-020-00

'

014-030-011-90

'

014-031-009-50

011-027-001-00

011-027-004-00

31

32

014-031-002-00

011-032-001-10

lv
mery B

011-024-008-00

011-032-010-90

014-031-011-50

014-031-013-00

011-028-003-60

011-032-014-00
011-032-015-00

6.

PARCEL BOUNDARIES APPROXIMATE BASED ON PLAT MAPS.

011-023-010-00

011-023-014-00

011-024-017-00

eR

20

19

011-024-023-00

011-024-018-00

011-024-022-00

011-024-025-00

011-024-021-00

011-026-001-50

011-026-007-00

Pin

011-024-019-00

011-025-002-00

011-025-001-00

011-025-006-00

011-025-007-00

011-025-004-80

011-026-001-00
011-025-006-15

26

011-025-004-00

011-025-006-20
011-025-006-11
011-025-006-02

011-026-015-00
011-026-005-00

25

Sippy Rd

011-025-006-04
011-025-010-45
011-025-010-11
011-025-010-40

011-026-004-00

011-027-013-00

011-027-007-00

011-033-002-00

'

011-033-007-50

011-026-015-50

011-033-002-80

'

011-034-006-00

011-034-009-10

011-033-004-70
011-033-004-50

011-033-013-00

'

011-035-004-10
011-035-005-90

59A

011-035-001-00

011-034-002-00
011-035-006-00
011-034-001-00
011-035-007-00

011-036-006-00

011-035-004-00

1 " = 2,000 '


1:24,000
011-025-011-00

NOT FOR CONSTRUCTION

33

011-034-010-10

011-033-003-00

011-034-016-00

011-033-027-00

011-033-017-00
011-033-019-00

'

34

011-034-015-80
011-033-028-00

011-033-022-00
011-033-023-00

35

011-034-015-00

011-033-025-00
011-033-016-30

#
*

011-035-003-00

011-033-005-00

011-036-001-00

011-035-009-00

60A
011-034-017-00

011-035-012-00

011-034-014-00

011-035-011-00

011-036-012-00

011-033-023-10
011-033-016-00

Washington Rd

011-035-010-00

011-034-017-50
011-034-013-00
011-034-011-90

011-034-017-10

JM

11/9/2010

ISSUED FOR EPC CONTRACT

JLB

JM

10/15/2010

LANDOWNER CONCURRENCE REVISIONS/FAA SUBMITTAL

JLB

JM

7-22-2010

ISSUED FOR BID

JLB

NO.

BY

DATE

REVISION

011-036-001-50

PROJECT:

011-036-004-00

011-036-003-00

36

31

Major Rd

Beard Rd
011-036-013-01

011-035-012-90

011-036-017-00

011-036-015-00

011-036-013-80

APP'D.

LAKE WINDS ENERGY PARK


MASON COUNTY, MICHIGAN

SHEET TITLE:

32

011-036-011-00

011-036-013-90
011-033-032-00

011-036-009-00

011-033-030-00
011-033-016-10

011-025-012-00

011-035-002-00

011-034-010-00

4,000
FEET

011-036-019-10

011-036-019-50

011-033-004-00

2,000

011-025-014-00

011-036-002-00

011-033-004-10

011-033-020-00

011-032-020-00

29

011-500-036-00

011-025-009-00
011-025-008-00
011-025-008-50
011-500-001-00
011-036-027-00
011-036-008-00
011-036-025-00
011-036-026-00011-036-021-00

Marrison Rd

011-034-002-90

011-034-009-01

58A

011-033-012-00

011-032-020-10

30

011-025-010-01

011-025-010-50
011-500-026-00
011-500-024-00

011-026-006-00

011-034-008-00

011-033-001-00

57A

R
tage
d

80th Ave

Fron

72nd Ave

011-024-009-00

011-023-014-80

011-027-011-00

011-033-021-00

66th Ave

24

011-024-011-00

011-026-009-00

27

011-032-019-50

011-032-013-00

Lon
e

011-024-009-50

011-025-005-00

011-028-003-30

EXHIBIT A-2 PROJECT SITE LAYOUT


DRAWN BY:

MCKEEFRY J SCALE:

PROJ. NO.

CHECKED BY:

BULLOCH J

APPROVED BY:

BULLOCH J DATE PRINTED:

DATE:

88th Ave

014-031-011-80

011-024-014-00

011-023-004-20

011-025-006-50

011-028-003-10

011-033-008-00

#
*

011-032-011-00

WETLANDS, WATERWAYS, AND AREAS OF INCREASED SLOPE WERE EXCLUDED FROM THE
BUILABLE AREA.

011-026-002-00

011-033-007-00

011-032-017-00
011-033-020-90
011-032-019-00

011-024-012-00

011-024-007-00

011-023-012-00
011-023-011-00

011-028-005-00

011-028-003-70

011-033-018-00

011-032-010-50
011-032-010-50

EASEMENT STATUS DATE NOVEMBER 5, 2010.

5.

011-023-004-10

011-028-003-15

011-032-004-00

014-031-011-10

4.

011-024-003-00

011-026-003-11

011-028-003-20

011-033-010-00

014-031-011-00

011-032-010-94

011-024-005-00

011-026-008-00

011-026-003-90
011-026-003-00

28

011-033-014-00

011-032-010-94

D:\PRE_TESS_PROJECTS\08405\01\MXD\84050187.mxd 7/22/2010 09:15:24

011-027-002-00
011-026-003-80
011-027-014-00

NOT FOR CONSTRUCTION - FOR INFORMATION ONLY.

011-024-002-00

011-650-000-00

011-027-004-90

011-024-006-00

011-024-016-00

011-650-003-00
011-650-005-00
011-650-007-00

011-022-020-10

011-024-015-00

011-023-004-00

011-023-016-20 011-023-016-60
011-023-016-40
011-023-016-60
011-023-016-70
011-023-015-00
011-650-009-00
011-650-000-00

011-034-011-00

011-023-005-10

BOP EPC
LAYDOWN
AREA
23

011-023-017-00
011-650-000-01
011-023-017-00
011-023-018-00
011-023-016-10
011-023-016-30

011-022-023-00

011-024-001-00

011-023-001-00

011-023-002-40

011-027-001-10

011-032-005-00
011-033-015-00

014-031-001-00

Montgo

Harb
or D

011-022-022-00

011-023-008-00

011-013-013-50
011-024-003-90 011-024-004-00

011-028-003-40

'

011-032-008-00

011-032-010-80

aD

011-023-007-00

3.

011-025-003-00

56

014-031-007-00

011-013-013-00

Dr

011-032-002-00

014-031-012-00

Vis
t

42

ROAD INFORMATION FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE.

ne

011-032-006-00

014-031-009-00

014-031-010-00

Du
na

'

2.

011-013-012-00

011-013-009-10

011-013-008-00

Meisenheimer Rd

011-023-002-00

011-027-003-00

011-032-001-90

011-032-009-00

011-013-011-00

011-028-016-00

014-031-001-50

014-031-007-80
014-031-007-61 014-031-007-65

011-013-009-00

011-028-003-00

011-032-001-00

014-031-004-00

36

011-022-002-50

011-022-004-00

48

011-029-018-00

011-032-007-00

38

011-023-002-50

011-027-009-00

014-031-005-00

35

55

011-029-026-00

011-032-003-00

Sunset Ln

'

011-029-021-50

011-029-021-00

014-030-008-00

'

011-014-014-00

011-023-003-00

011-022-005-00

22

011-022-020-00

011-028-001-00

011-028-003-50
011-028-003-55

54

011-029-019-00

014-030-006-00

Birc
h Ln

'

011-028-002-00

49

50

53

011-022-008-00
011-022-002-00

011-027-004-20

011-028-006-10

'

011-029-006-00

011-029-017-00

011-014-012-00

r
Lo

North Ave

30

011-022-001-70
011-022-001-80
011-022-001-90

AERIAL IMAGE FROM U.S. DEPARTMENT OF AGRICULTURE, NATIONAL AGRICULTURAL


IMAGERY PROGRAM 2006.

011-028-008-00

011-029-005-00

011-029-016-00

011-022-013-00

Anthony Rd

011-028-006-00

011-029-008-00

014-030-007-22

26

'

011-022-001-10

011-022-021-00

011-021-025-00

46

011-029-001-70
011-029-001-80
011-029-007-00

011-022-010-00

011-021-022-10

011-029-010-00

011-029-015-00

014-030-004-00

011-028-007-00

17

18

011-013-007-00

011-014-013-00

011-022-017-00

011-028-006-80

011-013-003-10

011-013-006-00

011-022-001-60

011-023-006-00

'

011-021-014-50

011-021-014-00
011-021-018-70
011-021-018-50
011-021-014-60

011-029-001-90
011-029-011-10
011-029-001-00
011-029-006-00
011-029-002-00

014-030-002-50

n
Latti

011-021-018-00

011-020-028-20

011-020-026-00

011-029-014-00

014-030-005-10
014-030-005-15

011-020-028-00

011-020-025-00

014-019-034-00

'

011-014-008-00

45

011-021-022-00

011-013-003-00

011-013-010-00
011-014-011-00

011-014-010-00

011-021-020-00

011-021-007-00

014-019-026-00

011-013-002-00

011-013-005-00

1.

011-014-001-50

34

'

011-014-008-10

011-015-016-00

011-022-018-00
011-021-006-00
011-022-016-00
011-021-006-10

011-021-023-00

011-014-002-00

13

39

011-022-006-00

21

011-014-001-01

28

011-015-016-50

011-021-001-40

011-021-013-00

011-020-019-00

014-019-024-60

'

011-021-013-50

014-019-025-00

'

011-013-001-15
011-013-001-00
011-013-001-10

011-013-004-50

14

011-015-014-00

011-015-008-30

011-021-002-00

44

011-021-017-00
011-020-024-00

011-020-018-80

'

011-015-008-00

011-013-004-90

011-013-005-10
011-013-005-20

011-013-004-00

011-022-014-00

'

011-020-017-10
011-020-024-80

011-020-018-50

014-019-030-00

011-014-004-10
011-014-004-20

011-014-005-00

NOTES:

011-012-017-50
011-012-017-85
011-012-017-95

011-012-015-80

011-015-008-20

011-021-005-00

011-020-018-00

43

014-019-023-00

011-020-006-00

011-012-017-90

011-014-007-00

011-015-012-00

011-020-008-00
011-020-004-00

011-020-005-10

19

40

011-012-017-40

011-011-016-00

011-011-013-00

011-015-004-01

37

011-015-008-10

011-021-001-20
011-022-012-00
011-021-001-50
011-021-001-00
011-021-003-00
011-022-011-00

011-021-008-00
011-021-010-40
011-020-001-95
011-020-007-00
011-021-011-00

011-020-014-01

011-012-017-10

011-012-015-00
011-011-012-00

011-021-004-00

011-020-012-00
011-020-014-10

011-011-014-00

011-015-004-05
011-015-004-10

35

011-015-011-00

011-012-017-00

011-014-003-00

011-016-022-55

011-021-010-00

011-012-014-00
011-012-004-40

011-014-004-00

15

011-016-021-00

011-020-001-90

011-020-003-00

011-020-013-00

'

08

011-011-010-10
011-011-013-10

32

011-016-018-00

07

011-012-018-10
011-011-017-50

011-016-022-00

011-021-009-50

011-020-002-00

014-019-001-80
014-019-001-00

'

011-016-022-50

011-021-009-00

011-012-004-00

12

011-011-009-05

011-016-017-00
011-016-016-00

011-020-001-00

014-019-003-00 011-020-011-00

014-019-007-00

Deren Rd

011-017-029-00

014-019-001-50

41

014-019-015-00

011-017-030-00

011-012-013-00

011-014-006-00

011-016-019-00

014-018-035-00

014-018-034-00
014-019-009-00

014-019-010-10
014-019-016-00
014-019-016-20

011-017-026-00

011-017-028-00

011-017-021-10
014-018-034-20 011-017-020-00
014-018-034-16

014-018-026-00
014-018-019-00
014-018-022-00

'

011-012-004-50
011-012-005-00
011-012-004-00
011-012-008-00
011-012-004-55

011-012-012-00

011-011-009-00

011-011-011-00

011-015-002-00

011-015-003-20

011-015-009-00

36

011-016-020-00

011-010-016-30

'

011-015-007-00

011-015-007-50

011-017-025-00

011-012-003-00
011-012-006-00
011-011-003-00

25

011-016-006-00

16

011-011-011-10

PROPOSED COLLECTOR CIRCUIT


011-012-002-00

011-011-009-10

011-010-026-00
011-015-005-00
011-015-005-50
011-015-002-90
011-015-003-00

011-015-006-00

31

011-017-006-00

011-012-001-10
011-012-010-00

ake Rd

An

014-018-034-30
014-018-034-40

'

011-016-005-00

011-017-024-00

011-017-021-00

014-018-025-00

014-019-013-10

'

29

011-016-009-00

011-017-016-00

014-018-032-00
011-017-015-00
011-017-017-00

014-018-024-00

014-018-023-00

011-016-008-00

011-017-027-00
014-018-031-00

014-018-019-50

'

011-010-025-00

011-010-016-10
011-010-019-00

26

'

011-017-005-50

30

17

014-018-018-00

014-018-025-10

011-010-016-00

011-016-004-00

011-017-005-00

011-012-011-00

11
011-011-011-90

011-011-011-15

011-010-014-00

011-016-008-10

011-017-007-00
011-017-009-00
011-017-004-00

10

011-010-017-00

011-016-001-00
011-016-002-00
011-016-005-50

011-017-001-00

011-011-001-00

ACCESS ROAD FOR ALTERNATE TURBINE LOCATIONS

011-012-001-00

Eden L

'

014-018-020-00

014-018-007-00
014-018-008-00 014-018-006-00

Brye Rd

014-018-017-00

011-011-009-20

011-010-014-50

011-009-022-00

011-017-003-00

011-010-004-10

011-010-013-00 011-010-012-00

011-009-025-00

011-016-007-00

011-011-002-00

011-011-007-00

011-010-018-00

27

011-017-012-10

014-018-008-60

011-010-006-00

011-010-021-00

011-017-002-60

011-017-002-50

011-011-005-00

011-010-004-50
011-010-004-61
011-010-016-90

011-010-012-50

011-008-018-55

011-017-001-10

011-012-009-10
011-012-009-00

011-010-013-10

011-008-018-00

Haw ley Rd

011-001-015-00

011-011-004-10

011-011-004-01

011-010-008-50
011-010-007-10

011-008-018-50
011-008-012-60

011-010-001-00

011-010-008-10

011-009-024-00

014-007-030-00
014-018-012-00 014-018-010-00
014-018-001-00
014-018-002-00
014-018-009-00
014-018-004-00
014-018-011-50 014-018-009-20

011-002-018-90

011-002-015-90
011-011-006-00

011-009-021-00

011-009-016-01
011-009-016-05

014-007-014-90

014-007-022-00
014-007-024-00

N US 31

011-008-012-50

011-008-013-00

014-007-021-50

24

'

'

014-007-017-00

011-003-016-00

011-010-004-01

'

22

011-008-017-00

011-001-018-00

011-002-019-00

011-010-007-00

19

PROPOSED ACCESS ROAD

011-001-007-00

011-002-015-00

LaSalle Rd

Rd

014-007-021-60

014-007-021-00

014-007-014-00

20

23

011-008-016-00
011-008-015-00

011-002-018-00
011-002-014-00

e
014-007-025-00

014-007-027-10

011-009-016-10

011-003-020-00

011-003-016-90
011-010-003-90
011-010-003-00

'

011-009-021-10
011-010-013-15

011-001-020-00

011-001-022-00

l
rc

n
now

21

09

011-009-018-00

011-001-014-00

011-010-008-00

011-009-003-10
011-009-011-00

DTE 10" PIPELINE

011-001-016-00

Ci

Unk

'

014-007-028-00
014-007-029-00

011-009-015-65

Kistler Rd

'

011-008-012-00

011-010-011-00

18

011-009-015-00

011-008-006-00

08

011-008-014-00
014-007-027-00

17

014-007-016-00

011-008-009-80
011-008-010-00

014-007-008-00

014-007-013-00

014-007-018-00

011-009-015-60

011-001-019-00

011-002-016-00

16

011-010-010-00

OTHER BUILDING

05

de

'

07

014-007-013-90

011-008-007-00

011-008-011-00

014-007-007-00

'

011-009-003-00

011-009-015-10

011-008-006-05

Kinney Rd

06

Cabana Rd

si

011-008-011-50
014-007-009-00

014-007-019-00

PROPOSED
COLLECTOR
SUBSTATION

011-008-006-10

'

15

01

011-003-017-90
011-002-013-20 011-002-013-00

011-003-019-00

011-003-019-90

011-009-010-00

14

011-008-002-50

014-007-006-00

011-004-021-80 011-004-022-00
011-004-018-90
011-009-009-00
011-009-004-00
011-009-008-00
011-009-002-00
011-009-005-00
011-009-001-00

'

011-008-002-40

011-008-009-00

011-003-015-00

HOUSE

011-001-017-00

011-002-017-00

011-002-013-10

'

011-004-021-00

011-009-013-10

011-008-002-30

011-008-011-60

014-007-011-40

014-007-020-10

011-008-003-00

011-008-010-50
014-007-011-10

014-007-012-00

12

011-008-001-00 011-009-013-00
011-008-002-20

02

011-004-020-00

011-004-016-10

011-001-002-10
011-001-008-00

011-002-012-70
011-003-017-00
011-002-012-80
011-002-011-00
011-002-012-00
011-002-013-15

011-003-018-00

011-003-012-00

011-001-012-00

Ordway Rd

rk

014-007-011-20

011-003-014-00
011-004-017-90
011-003-013-00

011-004-016-00

011-005-017-00
011-009-014-00

014-007-002-00

'

'

011-004-017-00

011-004-019-00

011-004-015-00

10

12

03

011-004-018-00

'

014-007-001-00

014-007-003-00

11

13

014-007-011-00

'

014-007-004-00

011-004-011-00

011-005-016-00

011-005-015-00

011-002-010-50

011-004-006-10

011-002-006-50

011-002-010-00

la S

Pa

'

'

014-007-005-00

011-004-012-50

011-003-006-00

011-003-005-00

96th Ave

010-306-300-005-00

'

011-003-011-00

Stel

011-005-011-00
010-306-400-005-00

010-306-400-006-00

11

'

011-004-012-00

011-005-013-10

AREAS CONTAINING A BUSINESS

AREAS CONTAINING A CHURCH

011-001-002-00

011-003-004-00

Darr Rd

011-005-013-01

04

011-001-011-10

120th Ave

'

011-005-010-00

011-002-008-20
011-003-002-00

011-004-006-00

011-004-008-70

AREAS CONTAINING OCCUPIED STRUCTURES

011-001-011-10

011-002-007-50

011-004-005-70

011-004-010-00
011-004-008-90

011-004-008-80
011-005-014-00

011-003-008-10

011-004-005-65

011-004-005-00

r Rd

010-306-400-004-00

011-004-005-10

011-004-008-01

011-001-001-00
011-001-001-50

011-002-001-00

104th Ave

#
*

010-306-400-002-00

011-002-008-00

011-001-004-00

011-001-011-00

011-002-007-00 011-002-003-10

011-002-008-10

011-003-001-50

011-003-003-00

011-003-008-01

AREAS CONTAINING BARN OR GARAGE

011-002-003-00

011-002-009-00

e
Gerb

sS
Hopkin

010-306-400-001-00

011-003-009-10

011-004-001-00
011-004-002-00

011-005-004-00

'

05

'

011-003-001-00

011-003-009-00

Scottville Rd

06

#
*

112th Ave

011-005-003-00

011-005-008-00

010-306-300-003-00

011-004-007-00

011-005-012-00

23

'

011-005-005-00

010-306-400-003-00

Olmstead Rd 14

011-005-001-00

010-306-200-002-20
011-005-008-10

010-306-200-005-00

014-007-010-00

32

Chauvez Rd

011-004-004-00
011-004-004-10

011-004-007-50

Appleton Rd

011-004-008-10
011-005-002-00

Morton Rd

Brunson Rd

011-004-008-20

010-306-200-002-10

010-306-300-004-00

31

PARTICIPATING PROPERTY

011-005-007-00

010-306-300-001-00

PROPOSED METEOROLOGICAL TOWER

PROJECT BOUNDARY

011-005-005-10
011-005-005-15

011-005-006-00

010-306-100-001-20

010-306-300-002-00

#
*

ALTERNATE WIND TURBINE LOCATION

HVD LINE LOCATION FROM LIDAR SURVEY

36

Hogenson Rd

010-306-200-002-00
010-306-100-003-00
010-306-100-004-00 010-306-200-001-00
010-306-100-001-10

01

35

Gordon Rd

010-306-200-003-00

010-306-100-005-00

34

Schwass Rd

010-306-100-002-00
010-306-100-001-00

02

33

Stiles Rd

Bea

un e

Rd

32

PROPOSED WIND TURBINE LOCATION

Lister Rd

36

Benedict Rd

35

Riggle Rd

Hesslund Rd

'
'

Rd

Meyers Rd

an
m
In

Rd

Haul Rd

nz
Le

Iris Rd

JULY 2010

AS NOTED

FILE NO.

00-08405.01
84050187.mxd

11/9/2010
3754 Ranchero Drive
Ann Arbor, MI 48108
Phone: 734-971-7080
Fax: 734-971-9022

Exhibit A-3
Project Site Flow Plan

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Le

Haul Rd

nz

Iris R d

Rd
Rd

'
'

20

23

24

17

<R

'

de
Rd

:L

on

'

<R

nya
nR

20

'

44

43

21

'

'

'

42

22

23

27

26

'

------

ine

Rd

Darr Rd

30

Sippy Rd

56

1.

ROAD INFORMATION FROM MICHIGAN GEOGRAPHIC


FRAMEWORK.

2.

NOT FOR CONSTRUCTION - FOR INFORMATION ONLY.

3.

EASEMENT STATUS DATE NOVEMBER 5, 2010.

4.

PROJECT SITE ENTRY POINTS BASED ON LONESTAR SITE


REVIEW DATED (4/29/10) AND SITE MEETING.

5.

IMPROVEMENTS ON SW CORNERS OF CHAUVEZ AND MORTON


AND CHAUVEZ AND STILES ONLY NEEDED IF DELIVERIES
ARRIVE FROM WEST.

6.

ALL PERMANENT OR TEMPORARY ROAD IMPROVEMENTS


SHALL BE DONE IN ACCORDANCE WITH EXHIBIT M.2 OF THE
TURBINE PURCHASE AGREEMENT.

'

'

'

58A

57A

1:24,000

NOT FOR CONSTRUCTION

59A

JM

11-9-2010

ISSUED FOR EPC CONTRACT

JLB

JM

10-12-2010

LANDOWNER CONCURRENCE REVISIONS/FAA SUBMITTAL

JLB

JM

7-22-2010

ISSUED FOR BID

JLB

NO.

BY

DATE

32

33

M6-1

#
*

'

#
*

34

35

36

31

Major Rd

/ /

//

//

/Wa/ shi
/ / ngt
/ / on
/ /Rd/

//

REVISION

APP'D.

LAKE WINDS ENERGY PARK


MASON COUNTY, MICHIGAN

SHEET TITLE:

EXHIBIT A-3 PROJECT SITE FLOW PLAN


DRAWN BY:
CHECKED BY:
APPROVED BY:

112th Ave

/ /

104th Ave

80th Ave

Dr

72nd Ave

Rd

na

32

Cabana Rd

M6-2

LaSalle Rd

Harbo

Oc
ea

4,000

1 " = 2,000 '

Beard Rd
/

2,000

FEET

60A

LOADED TRUCK DELIVERY DIRECTION

NOTES:

PROJECT:

31

OVERHEAD UTILITY LINE

29

Dr

La
k

20

19

25

Marrison Rd

'

r Dr

24

BOP EPC
LAYDOWN
AREA

Lo
ne
P

ROAD NOT MANAGED BY MASON COUNTY

55

54

36

28

49

'

'

38

39

<R

53

17

18

eS

'

13

34

rn
Lo

rR

'

Riggle Rd

14

48

'

50

'

46

'

51

29

h Ln

Frontage

Montgomery Blvd

28

'

52

S US 31

Rd

Birc

Ln

D:\PRE_TESS_PROJECTS\08405\01\MXD\84050186.mxd

N US 31

k
Mac

Schlick Rd

30

LOCAL IMPROVED

rR

'

LOCAL PAVED

'

'

'

ALL SEASON ROAD

Anthony Rd

47

Rd
attin

25

35

lL

STATE HIGHWAY

PRIMARY PAVED

45

North Ave

et
Suns

37

96th Ave

Birchwood Dr

'

40

19
'

35

08

St

24

'

15

07

lla

Ru

23

12

CITY OR VILLAGE STREET

Ste

'

FILLED RADIUS

Rd

rs

Meisenheimer Rd

41

CUT-THROUGH

a ke
nL

An

'

'

32

Blundell Rd

Deren Rd

11

25

31

36

CONTRACTOR RESPONSIBLE ROADS

TURN IMPROVEMENTS (BY CONTRACTOR)

Ede

33

'

' 16

05

NOT CLASSIFIED

26

'

06

ROAD TYPES

10

'

'

30

01

TURBINE SUPPLIER RESPONSIBLE ROADS

FEDERAL HIGHWAY

Hawley Rd

29

rR<R

ACCESS ROADS FOR ALTERNATE TURBINE LOCATIONS

16

Stiles Rd

27

PROPOSED ACCESS ROAD

'

'

22

Morton Rd

Brye Rd

'

18

19

13

'

18

09

NON-PARTICIPATING PROPERTY

Ordway Rd

'

'

'

02

Hogenson Rd

'

Kistler Rd

PARTICIPATING PROPERTY

DTE 10" PIPELINE

Gordon Rd

Lister Rd

08

32

TRANSPORT ROUTES

03 '

'

15

31

:L

14

'

14

21

PROPOSED
COLLECTOR
SUBSTATION

26

METEOROLOGICAL TOWER

PROJECT SITE BOUNDARY

'

17

'
6

'

Kinney Rd

10

12

07

Chauvez Rd

'

12

'

:L

'

13

n
now

Dr

Unk

or e

'

11

'

04 '

Rd

esh

:L

'
7

'
5

<R

Pere Marquette Hwy

#
*

ber

Brunson Rd

05

Ludington
North

Ger

ins St
Hop k

Lak

11

06

NO IMPROVEMENT NECESSARY
TO UTILIZE CORNER

36

Scottville Rd

'
2

35

Bradshaw Rd

Appleton Rd

01

34

Schwass Rd

33

<R

32

88th Ave

Benedict Rd

Bea
u ne

Rd

31

lL<R

36

02

#
*

ALTERNATE WIND TURBINE LOCATION

HVD LINE LOCATION FROM LIDAR SURVEY

rR

Inman Rd

Wilson Rd

35

lund

Chauvez R

PROPOSED WIND TURBINE LOCATION

Hes s

Bradshaw Rd

'
'

LEGEND

DATE:

MCKEEFRY J SCALE:
DAINING C

PROJ. NO.
AS NOTED

FILE NO.

00-08405.01
84050186.mxd

BULLOCH J DATE PRINTED:


JULY 2010

11/9/2010
3754 Ranchero Drive
Ann Arbor, MI 48108
Phone: 734-971-7080
Fax: 734-971-9022

Exhibit A-4
Easements

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
102863
101099
101099

PARCEL ID NUMBER
014-031-001-00
014-030-005-01
014-030-005-15

POOLED PARCEL

101099
102230
102230
102200
102200
102181
102181
102181
102181
102873
102265
102073
102372
102505
102297
102109
102247

014-030-009-00
011-017-002-50
011-017-002-60
011-010-006-00
011-010-021-00
011-033-002-80
011-033-007-00
011-033-007-50
011-033-008-00
014-007-008-00
011-016-005-50
011-016-022-00
014-019-027-00
011-035-006-00
011-034-010-00
011-023-007-00
014-007-002-00

X
X
X

101688

011-009-016-01

101688
102350
102350
102350
102351
101127
101127
101127
101127
101127
101127
101127
101127
101107
101021
101021
101107
101107
101021
101021
102824
102824
102824
102383
102383
102383
102859
102231
102298

011-009-016-05
011-035-011-00
011-036-009-00
011-036-012-00
014-031-005-00
011-032-002-00
011-032-003-00
011-032-005-00
011-033-004-70
011-033-005-00
011-033-016-30
011-032-008-00
011-033-016-10
011-032-001-90
011-032-004-00
011-032-017-00
011-033-004-50
011-033-010-00
011-026-006-00
011-035-003-00
011-008-002-20
011-008-002-30
011-008-002-40
014-019-019-00
014-019-016-20
014-019-024-00
011-005-014-00
011-020-018-00
011-025-005-00

X
X

X
X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X

X
X
X
X
X

X
X
X
X

OWNER
ADAMS, EMIL
ADAMS, EUGENE & PAMELA
ADAMS, EUGENE & PAMELA
ADAMS, EUGENE, PAMELA, RICK &
SAMANTHA
ALBAITIS, LANNY
ALBAITIS, LANNY
ALBRECHT, CLIFFORD & RUSSELLE
ALBRECHT, CLIFFORD & RUSSELLE
ALVESTEFFER, DEVARY & LISA
ALVESTEFFER, DEVARY & LISA
ALVESTEFFER, DEVARY & LISA
ALVESTEFFER, DEVARY & LISA
ALVESTEFFER, JESSIE L
ANDERS, PAUL III & JENNIFER
ANDERSEN, CARL & KATHLEEN
ANTHONY, MARY
AREKLET, BETH
AREKLET, JOHN & DIANE
ARUNDEL, DENNIS & SUSAN
BAKER, EDWARD & SHERYL
BARAUSKAS, STANLEY - LAND
CONTRACT ROY HACKERT
BARAUSKAS, STANLEY & RUIZ,
RICHARDO
BEARD, STEVEN & MILDRED
BEARD, STEVEN & MILDRED
BEARD, STEVEN & MILDRED
BEARD, STEVEN & MILDRED
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, TIMOTHY & MARY
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BEARD, WILLIAM & ELMER
BECKSTROM, JAMES & BARBARA
BECKSTROM, JAMES & BARBARA
BECKSTROM, JAMES & BARBARA
BEDKER, ROGER & MARY
BEDKER, ROGER & MARY
BEDKER, ROGER & MARY
BERARD, ROGER & HILDRED
BILLO, DAVID & JUDY
BIRKETT, NICOLE

PARCEL ADDRESS
4033 W MARRISON RD
4495 W ANTHONY RD
4587 W ANTHONY RD

TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP

6403 S BRYE RD
3525 W HAWLEY RD
3455 W HAWLEY RD
1690 W KISTLER RD
1690 W KISTLER RD
VACANT
2919 W MARRISON RD
VACANT
VACANT
4184 W KISTLER RD
2661 W HAWLEY RD
5123 S STILES RD
4560 W ANTHONY RD
6964 S SCHWASS RD
7110 S STILES RD
5460 S SCHWASS RD
4211 W KINNEY RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP

4330 S MORTON RD

RIVERTON TOWNSHIP

Split from 011-009-016-00

4248 S MORTON RD
7387 S LASALLE RD
7387 S LASALLE RD
7496 S LASALLE RD
VACANT
3487 W MARRISON RD
3431 W MARRISON RD
VACANT
VACANT
VACANT
VACANT
VACANT
VACANT
3232 W WASHINGTON RD
3232 W WASHINGTON RD
3232 W WASHINGTON RD
3232 W WASHINGTON RD
3232 W WASHINGTON RD
1158 W MARRISON RD
3232 W WASHINGTON RD
VACANT
VACANT
VACANT
4471 W DEREN RD
4678 W DEREN RD
VACANT
3217 S MORTON RD
3939 W DEREN RD
6156 S APPLETON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Split from 011-009-016-00

1 of 15

SPECIAL CONSIDERATIONS
Not Converted
Not Converted

COMMENTS

AMENDMENTS
OUTSTANDING

Split from 014-030-005-00


Split from 014-030-005-00

Not Converted

No parcel address
No parcel address
No parcel address
Non-Development

No parcel address

No parcel address
No parcel address
No parcel address
No parcel address
No parcel address
No parcel address

No parcel address
No parcel address
No parcel address

X
X
X

No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
102870
102335
102335
102224
102225

PARCEL ID NUMBER
011-008-012-00
014-018-017-50
014-018-018-00
011-008-012-60
011-008-011-00

POOLED PARCEL
X
X
X
X
X

OWNER
BRITTON, EDWARD & TONI
BROCKWELL, ROBERT & DONNA
BROCKWELL, ROBERT & DONNA
BROWN BRUCE D & PHYLLIS
BROWN, BRUCE & PHYLLIS

PARCEL ADDRESS
3625 W KISTLER RD
4629 S BENEDICT RD
VACANT
3710 W HAWLEY RD
3940 W KISTLER RD

TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102221
102225
102397
101809
101809
102567
102396
102192

011-008-009-00
011-008-011-50
011-021-005-00
011-017-007-00
011-021-017-00
011-033-017-00
011-028-002-00
011-020-026-00

X
X
X
X
X

3683 W KINNEY RD
3962 W KISTLER RD
2611 W ANTHONY RD
VACANT
5778 S MORTON RD
7370 S MORTON RD
2611 W ANTHONY RD
3460 W ANTHONY RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

101786

011-021-003-00

2622 W ANTHONY RD

RIVERTON TOWNSHIP

101786

011-021-020-00

2526 W ANTHONY RD

RIVERTON TOWNSHIP

101786

011-021-025-00

2526 W ANTHONY RD

RIVERTON TOWNSHIP

101786

011-028-006-10

VACANT

RIVERTON TOWNSHIP

No parcel address

101786
102334

011-020-025-00
014-018-008-00

BROWN, BRUCE, PHYLLIS & BRADLEY


BROWN, WAYNE
BUCK RICHARD & FRANCES
BUCK, GERALD & EMMA
BUCK, GERALD & EMMA
BUCK, MARK & CHRISTINE
BUCK, RICHARD & FRANCES
BUCK, SHERRY
BUCK, WILLIAM & SARAH & WILLIAM &
BONNIE
BUCK, WILLIAM & SARAH & WILLIAM &
BONNIE
BUCK, WILLIAM & SARAH & WILLIAM &
BONNIE
BUCK, WILLIAM & SARAH & WILLIAM &
BONNIE
BUCK, WILLIAM & SARAH & WILLIAM &
BONNIE
BURMEISTER, VAN & SALLY

2622 W ANTHONY RD
VACANT

RIVERTON TOWNSHIP
SUMMIT TOWNSHIP

No parcel address

101959
101959
103046
103045

011-015-003-20
011-015-004-01
011-016-022-55
011-016-022-50

102434

014-031-010-00

X
X
X
X

BURSMA, SCOT
BURSMA, SCOT
CAMERON, BLAKE
CAMERON, ERNEST
CAPLON, MARION & ROBERT &
GREINER, MARY

4699 S SCHWASS RD
4699 S SCHWASS RD
2520 W MEISENHEIMER RD
2542 W MEISENHEIMER RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

VACANT

SUMMIT TOWNSHIP

102895
102652
101598
102203
102594
101017

014-007-021-50
014-018-009-40
011-009-025-00
011-008-007-00
011-009-004-00
011-026-002-00

X
X
X
X
X

CARNEY, JOHN & PATRICIA


CARNEY, JOHN & PATRICIA
CARTER, DOROTHY
CARTER, KENNETH
CASE, ERIC
CHAPMAN, ROY & VIOLA

4670 W HAWLEY RD
4670 W HAWLEY RD
2732 W HAWLEY RD
3857 S MORTON RD
2467 W KINNEY RD
6265 S HOGENSON RD

SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102391

011-005-001-00

CHRISTOFFERSON MELVIN & CAROLE

3441 S MORTON RD

RIVERTON TOWNSHIP

102391

011-005-016-00

CHRISTOFFERSON MELVIN & CAROLE

3441 S MORTON RD

RIVERTON TOWNSHIP

102391

011-017-005-50

CHRISTOFFERSON MELVIN & CAROLE

3441 S MORTON RD

RIVERTON TOWNSHIP

2 of 15

SPECIAL CONSIDERATIONS

COMMENTS

AMENDMENTS
OUTSTANDING

No parcel address

No parcel address

No above ground construction on the South 900 feet of parcel


(i.e. tower, road or above ground power lines.) There can be
no tree removal without written consent of land owner. It
can be used for the 650' setback in order to maximize the
location of wind generators on adjacent land and for
underground connection of said type wind generators. This
description is the South 900' of parcel #011-015-003-20 (See
attachment: Exhibit B. Highlighted area.)
Non Development
Non Development
No parcel address
NON DEVELOPMENT - (See Paragraph #22 Additional written
consent for electric and/or communication lines)
Phineas Carter is deceased
X

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

102386
102520

102319
102319
102323
102530
102933
102440
102902
101753

011-132-011-00
011-029-001-00
011-021-007-00
011-023-005-00
011-029-006-00
011-029-026-00
011-033-003-00
011-033-013-00
014-019-026-00
011-022-006-00
011-020-019-00
014-018-034-30
014-018-035-00
011-020-001-90
014-007-027-00
011-028-005-00
011-015-016-50
011-004-006-10
011-014-012-00

102791

POOLED PARCEL

X
X

OWNER
CHRISTOFFERSON, MELVIN, CAROL &
SHANE
CONANT, ELLA MAE
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
CONSUMERS ENERGY CO
COOPER, DUANE & LESLIE
COOPER, DUANE & LESLIE
COOPER, MARK & KATE
COOPER, MICHAEL & KERRIE
COOPER, PAUL & LISA
CRITCHETT, CATHIE
CRUZ, TERESA
CRYSTAL VALLEY FARMS

PARCEL ADDRESS

TOWNSHIP

3246 W CHAUVEZ RD
6059 S MORTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

4196 W MEISENHEIMER RD
4196 W MEISENHEIMER RD
5301 S MORTON RD
4045 W KISTLER RD
6301 S STILES RD
1752 W MEISENHEIMER RD
3155 S STILES RD
839 W MEISENHEIMER RD

SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

011-028-001-00

CRYSTAL VALLEY FARMS

1316 W MARRISON RD

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

Formerly known as Oomen Farms

102791

011-028-003-00

CRYSTAL VALLEY FARMS

6503 S STILES RD

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

011-028-003-60

CRYSTAL VALLEY FARMS

VACANT

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

Formerly known as Oomen Farms


No parcel address - Formerly known as
Oomen Farms

102791
102791

011-028-003-70

CRYSTAL VALLEY FARMS

2616 W MARRISON RD

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

Formerly known as Oomen Farms

102791

011-029-008-00

CRYSTAL VALLEY FARMS

6299 S MORTON RD

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

102791

011-029-021-00

CRYSTAL VALLEY FARMS

VACANT

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

102791

011-029-021-50

CRYSTAL VALLEY FARMS

VACANT

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

102791

011-028-003-20

CRYSTAL VALLEY FARMS

VACANT

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

102791

011-032-009-00

CRYSTAL VALLEY FARMS

VACANT

RIVERTON TOWNSHIP

Center pivot on all parcels - placement is key

Formerly known as Oomen Farms


No parcel address - Formerly known as
Oomen Farms
No parcel address - Formerly known as
Oomen Farms
No parcel address - Formerly known as
Oomen Farms
No parcel address - Formerly known as
Oomen Farms

101108
101108
102555
102074
102252

014-030-008-00
014-030-002-50
011-029-002-90
011-021-018-50
014-007-003-00

X
X
X

CURTIN, STEVEN
CURTIN, STEVEN
DAGGETT, STACEY
DAINS, EDWARD
DAINS, EDWARD L III & TERRI L

6674 S PERE MARQUETTE HWY


6109 S BRY RD
3473 W ANTHONY RD
5966 S MORTON RD
4281 W KINNEY RD

SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP

102678

011-020-028-00

DAINS, EDWARD L JR & DAINS SUSAN

5925 S MORTON RD

RIVERTON TOWNSHIP

102678
102903
102313
102281
102281
102281

011-021-018-00
011-004-020-00
011-003-008-10
011-004-016-00
011-009-013-00
011-009-013-20

X
X

DAINS, EDWARD L JR & DAINS SUSAN


DANIELS, JACQUELINE
DITTMER, GARY & PEGGY
DITTMER, JAMES & RUTH
DITTMER, JAMES & RUTH
DITTMER, JAMES & RUTH

VACANT
2728 W KINNEY RD
2135 W CHAUVEZ RD
2928 W KINNEY RD
3115 W KINNEY RD
3135 W KINNEY RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X
X
X
X
X
X
X
X
X

X
X

X
X
X

3 of 15

SPECIAL CONSIDERATIONS

COMMENTS

AMENDMENTS
OUTSTANDING

Joseph Conant is deceased

X
Non Development

No parcel address

X
X
X

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

POOLED PARCEL

102280
102160
102279
102827
102352

011-003-004-00
011-009-011-00
014-007-004-00
011-004-008-20
011-021-006-00

X
X
X

102553
102557

011-020-021-00
011-021-001-20

102238
102872

011-021-009-00
011-003-010-00

101713
102222
102418
102866
102857
102851
102851
102851
102851
102851
102851
102822
102822

014-007-010-00
011-008-011-60
011-036-013-01
011-009-021-10
011-010-026-00
011-003-006-00
011-003-017-00
011-002-010-00
011-002-010-50
011-002-011-00
011-134-004-00
011-003-019-00
011-002-014-00

102528
102577
102078
102078
102856
102852
102287
102287
102377
102098
102098
102098

011-010-012-50
011-009-003-10
011-015-008-10
011-015-012-00
011-003-017-90
014-007-013-90
011-010-004-01
011-010-004-10
011-033-012-00
011-023-002-00
011-023-002-50
011-023-005-10

101754

OWNER

PARCEL ADDRESS

TOWNSHIP

DITTMER, JAMES, GARY, DALE, ROGER,


RUTH, PEGGY, KAREN & PATRICIA
DRABLOWSKI, WILLIAM & DONNA
DUGGAN, TAMMY S
DYKSTRA, RICHARD & LORRAINE
EICKELBERG SALLY L , JOSHUA J

3115 W KINNEY RD
2740 W KISTLER RD
4319 W KINNEY RD
3100 S MORTON RD
5615 S STILES RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

3730 W ANTHONY RD
1888 N WILSON LANE

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

SPECIAL CONSIDERATIONS

ELDON, CHARLES
EWING LARRY S & JUDITH A
FLYNN, WILLIAM & CHERYL, BRIGGS,
PATRICIA
FRANK, DONNA
FREDERICK, JAMES & MILDRED AND
BAILEY, IVA
FRESH AIR FARMS
FUENTES, JOSE & BETTY
FUHRMAN JOHN & DARLENE
GENIA, DONNA
GERBERS, JOHN
GERBERS, JOHN
GERBERS, JOHN
GERBERS, JOHN
GERBERS, JOHN
GERBERS, JOHN
GERBERS, MARYBELLE
GERBERS, MARYBELLE

5246 S MORTON RD
2812 S STILES RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

3734 S PERE MARQUETTE HWY


VACANT
541 W BEARD RD
4027 S STILES RD
1790 W HAWLEY RD
3131 S SCHWASS RD
2300 W CHAUVEZ RD
3100 S SCHWASS RD
2300 W CHAUVEZ RD
2300 W CHAUVEZ RD
2300 W CHAUVEZ RD
1534 W KINNEY RD
1534 W KINNEY RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X
X
X
X
X
X
X
X
X
X
X

GERMAN, ROGER DALE & SANDRA LOU


GILBERT, TODD & PAMELA
GILLIES, JOHN M III & TRACY L
GILLIES, JOHN M III & TRACY L
GORMAN, DENNIS
GREEN, THOMAS B
GRIFFIS, GREGORY D & KRISTI
GRIFFIS, GREGORY D & KRISTI
GRIFFIS, HENRY & ROSE
GUSTAFSON, JAMES & MARY
GUSTAFSON, JAMES & MARY
GUSTAFSON, JAMES & MARY

2185 W KISTLER RD
3947 S STILES RD
5140 S STILES RD
5140 S STILES RD
3307 S SCHWASS RD
4561 W KISTLER RD
1868 W KISTLER RD
1868 W KISTLER RD
7010 S MORTON RD
5299 S HOGENSON RD
1191 W MEISENHEIMER RD
5299 S HOGENSON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

011-008-017-00

H & K FARMS LLC

VACANT

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-017-003-00

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-017-010-50

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-017-024-00

H & K FARMS LLC

4855 S MORTON RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-021-013-50

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-021-014-50

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

X
X
X
X
X

4 of 15

COMMENTS

AMENDMENTS
OUTSTANDING

Angela Cecille McCabe Attorney in Fact

No parcel address
Non Development
Lois Gerbers is deceased
Lois Gerbers is deceased
Lois Gerbers is deceased
Lois Gerbers is deceased
Lois Gerbers is deceased
Lois Gerbers is deceased
Gerald Gerbers is deceased
Gerald Gerbers is deceased
X

No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

POOLED PARCEL

OWNER

PARCEL ADDRESS

TOWNSHIP

SPECIAL CONSIDERATIONS

COMMENTS

101754

014-007-014-00

H & K FARMS LLC

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101754

014-007-017-00

H & K FARMS LLC

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101754

014-007-027-10

H & K FARMS LLC

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101754

014-007-029-00

H & K FARMS LLC

4189 W HAWLEY RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101754

014-007-030-00

H & K FARMS LLC

4316 W HAWLEY RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101754

014-018-001-10

H & K FARMS LLC

4099 W HAWLEY RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101754

014-018-003-00

H & K FARMS LLC

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101754

014-018-004-00

H & K FARMS LLC

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101754

003-033-014-00

H & K FARMS LLC

VACANT

CUSTER TOWNSHIP

Fruit Tree Clause

No parcel address

101754

011-017-019-00

H & K FARMS LLC

3777 W BLUNDELL RD

RIVERTON TOWNSHIP

fruit Tree Clause

101754

011-017-028-00

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

011-020-002-00

H & K FARMS LLC

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101754

014-018-031-00

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

102389

011-010-001-00

H & K FARMS LLC


HABERICHTER, DENNIS & DUNKLE,
ELAINE

1713 W KINNEY RD

RIVERTON TOWNSHIP

101756

011-005-003-00

HACKERT ROY & SUSAN

3084 S LISTER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-005-004-00

HACKERT ROY & SUSAN

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756
102839

011-005-011-00
011-005-013-10

X
X

HACKERT ROY & SUSAN


HACKERT ROY & SUSAN

3334 S BRYE RD
3989 W CHAUVEZ RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-008-003-00

HACKERT ROY & SUSAN

3527 W KINNEY RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-008-012-50

HACKERT ROY & SUSAN

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-008-015-00

HACKERT ROY & SUSAN

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-016-001-00

HACKERT ROY & SUSAN

4262 KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-016-009-00

HACKERT ROY & SUSAN

4604 S MORTON RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756
102853

010-306-400-005-00
014-007-011-40

HACKERT ROY & SUSAN


HACKERT, BRIAN & BONNIE

S BRYE RD
4676 W KISTLER RD

101777
101757
101757
101757

014-007-011-20
011-009-010-00
011-009-015-60
011-010-007-00

X
X
X
X

HACKERT, ROY & BRIAN


HACKERT, ROY & SUSAN
HACKERT, ROY & SUSAN
HACKERT, ROY & SUSAN

4296 W KISTLER RD
VACANT
VACANT
VACANT

AMENDMENTS
OUTSTANDING

No parcel address

PERE MARQUETTE TOWNSHIP Fruit Tree Clause


SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

5 of 15

Fruit Tree Clause


Fruit Tree Clause
Fruit Tree Clause
Fruit Tree Clause

No parcel address
No parcel address
No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
101757
101757

PARCEL ID NUMBER
011-010-008-00
011-010-011-00

POOLED PARCEL
X
X

OWNER
HACKERT, ROY & SUSAN
HACKERT, ROY & SUSAN

PARCEL ADDRESS
VACANT
VACANT

TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

SPECIAL CONSIDERATIONS
Fruit Tree Clause
Fruit Tree Clause

101756
101757

011-016-020-00
011-017-001-00

X
X

HACKERT, ROY & SUSAN


HACKERT, ROY & SUSAN

4262 KISTLER RD
4483 S MORTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause


Fruit Tree Clause

101756

014-007-006-00

HACKERT, ROY & SUSAN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

101756

014-007-009-00

HACKERT, ROY & SUSAN

4296 W KISTLER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101756

014-007-029-90

HACKERT, ROY & SUSAN

4288 W HAWLEY RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101756

010-131-100-011-00

HACKERT, ROY & SUSAN

W BRADSHAW RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-131-100-013-00

HACKERT, ROY & SUSAN

W BRADSHAW RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-131-300-002-00

HACKERT, ROY & SUSAN

W BRADSHAW RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-131-300-013-00

HACKERT, ROY & SUSAN

S PERE MARQUETTE HWY

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-131-300-022-00

HACKERT, ROY & SUSAN

W CHAUVEZ RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-131-300-023-00

HACKERT, ROY & SUSAN

W CHAUVEZ RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-306-400-001-00

HACKERT, ROY & SUSAN

W KINNED RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

010-306-400-002-00

HACKERT, ROY & SUSAN

S BRYE RD

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

101756

011-004-002-00

HACKERT, ROY & SUSAN

2753 W CHAUVEZ RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101756

011-005-007-00

3989 W CHAUVEZ RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101778

011-004-016-10

2928 W KINNEY RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101778

011-008-006-10

4296 W KISTLER RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101778

011-009-013-10

3115 W KINNEY RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101778

010-131-400-002-00

101778

010-306-200-002-10

S BRYE RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101778
102894
102239

011-132-008-00
011-009-008-00
011-021-001-40

HACKERT, ROY & SUSAN


HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HACKERT, ROY, SUSAN, BRIAN, BONNIE,
DAVID & MICHELLE
HALVERSON, RONALD K & DIANNA
HAMILTON, SANDRA

3989 W CHAUVEZ RD
2745 W KINNEY RD
2495 W MEISENHEIMER RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause

102862

011-004-008-80

HANSEN, TIMOTHY & KERI

3090 W GERBER RD

RIVERTON TOWNSHIP

102183

014-007-001-00

4091 W KINNEY RD

SUMMIT TOWNSHIP

101685

014-019-030-00

VACANT

SUMMIT TOWNSHIP

No parcel address

101685

014-019-031-00

HANSON, HAZEL, WILLIAM & THOMAS


HANSON, THOMAS & ALVESTEFFER,
DOREEN
HANSON, THOMAS & ALVESTEFFER,
DOREEN

VACANT

SUMMIT TOWNSHIP

No parcel address

X
X

S BENEDICT RD

COMMENTS
No parcel address
No parcel address

AMENDMENTS
OUTSTANDING

No parcel address

PERE MARQUETTE TOWNSHIP Fruit Tree Clause

6 of 15

NOTES: Geo Thermal Heat System - Please see map and


contact landowner prior to any activity on their property

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

POOLED PARCEL

101685

014-019-036-00

101685
102182
102250
101688
102343
102343
102262
102504
102529
101087
101087
101087
102050
102653
102653

014-030-001-00
011-036-006-00
014-124-005-00
011-009-024-00
011-020-001-95
011-021-010-40
011-034-017-10
011-033-004-00
011-033-004-10
011-025-001-00
011-025-002-00
011-025-003-00
011-015-009-00
014-018-009-00
014-018-009-20

101710

011-014-004-00

OWNER
HANSON, THOMAS & ALVESTEFFER,
DOREEN
HANSON, THOMAS & ALVESTEFFER,
DOREEN
HANSON, THOMAS & SHIRLEY
HARTUNG, ROBERT & SALLY
HAYES, CHARLES & MARGARET
HEATH, ROBERT & JANET
HEATH, ROBERT & JANET
HILTZ, CHRISTOPHER & KRISTINA
HOFMANN, MICHELLE
HOFMANN, RONALD & CHARLENE
HOLDEN, DENIS
HOLDEN, DENIS
HOLDEN, DENIS
HOPEWELL-HAMMOND, LYNNE
HOUK, RUSSELL
HOUK, RUSSELL
HUBER, DAVID & STEPHANIE;
BRINKMAN, GARY & ALICE

PARCEL ADDRESS

TOWNSHIP

VACANT

SUMMIT TOWNSHIP

No parcel address

VACANT
725 W MARRISON RD
5174 W DEREN RD
4330 S MORTON RD
VACANT
5354 S MORTON RD
1700 W WASHINGTON RD
7131 S STILES RD
7081 S STILES RD
6177 S SCOTTVILLE RD
6263 S SCOTTVILLE RD
6263 S SCOTTVILLE RD
3360 SCHWASS RD
4521 W HAWLEY RD
4521 W HAWLEY RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP

No parcel address

VACANT

RIVERTON TOWNSHIP

101761

014-019-001-00

HULL, STEVEN & AMY

4079 W MEISENHEIMER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101761

014-019-001-50

HULL, STEVEN & AMY

4079 W MEISENHEIMER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101761

014-019-001-80

HULL, STEVEN & AMY

4079 W MEISENHEIMER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101761

014-019-004-00

HULL, STEVEN & AMY

4079 W MEISENHEIMER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101801
102855
102877

010-203-200-005-00
011-003-002-00
011-003-005-00

X
X

HULL, STEVEN, AMY & KENNETH


JABROCKI JEFFERY
KEELEAN, GEORGE & MARI LOU

S LAKESHORE DR
2987 S SCHWASS RD
3041 S SCHWASS RD

102453
102455
102455
102455
102454

014-007-028-00
014-112-002-00
014-112-016-00
014-112-017-10
014-112-018-50

KISTLER DANIEL, AMARYLIS, RONALD &


SUSAN
KISTLER, DANIEL & AMARYLIS
KISTLER, DANIEL & AMARYLIS
KISTLER, DANIEL & AMARYLIS
KISTLER, DANIEL & RONALD

VACANT
VACANT
4847 W KISTLER RD
VACANT
VACANT

102456
102858
102475
102821
102506
102243
102890
102439
102318

014-112-017-01
011-008-016-00
014-018-034-00
011-017-015-00
011-034-010-10
011-020-011-90
011-010-007-10
011-015-008-20
014-018-033-00

102913

007-011-002-00

X
X

X
X
X

X
X
X
X

KISTLER, RONALD & SUSAN


KOZICKI, DAVID & MICHELLE
KRAFT, RICHARD & STACEY
KRAKOWIAK, THOMAS & EDWARD
LAMMI, JOHN & KAREN
LANE, MARIE
LANGFELDT MATTHEW & JESSICA
LARSON PAUL & AUDRA
LIPPS, JEANNE & MARK
LISTER, ARTHUR & KAREN AND
MURPHY, JANET

SPECIAL CONSIDERATIONS

SUMMIT TOWNSIHP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP

VACANT

HAMLIN TOWNSHIP

7 of 15

AMENDMENTS
OUTSTANDING

No parcel address
See red line Agreement for added/changed clauses

No parcel address

PERE MARQUETTE TOWNSHIP Fruit Tree Clause


RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
Notwithstanding Subsection 11(b) hereof, Grantee will not,
without Grantor's written consent, cut trees located within
the existing area of hardwoods on the South side of the
Easement Premises that is shown outlined in heavy black
border on the sketch attached hereto as Exhibit B
SUMMIT TOWNSHIP
SUMMIT TOWNSIHP
SUMMIT TOWNSIHP
SUMMIT TOWNSIHP
SUMMIT TOWNSIHP

4049 S PERE MARQUETTE HWY


4131 S MORTON RD
4380 S MEISENHEIMER RD
VACANT
7164 S STILES RD
5210 S BRYE RD
2070 W KISTLER RD
1850 W MEISENHEIMER RD
VACANT

COMMENTS

No parcel address
No parcel address
No parcel address
No parcel address

Non Development
No parcel address
X

No parcel address
Fruit Tree Clause

No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

POOLED PARCEL

102913

007-011-010-00

102913
102897
102897
102897
102354
102914
102914
102914
102914
102914
102900
102900

007-011-012-00
011-005-005-00
011-005-008-00
011-005-015-00
011-017-027-00
010-035-100-020-00
010-035-200-004-00
010-035-200-006-00
010-035-300-003-00
010-035-400-002-00
011-005-010-00
011-005-012-00

102900
102900
102900
101813
101813
102476
102299
102820

010-306-100-005-00
010-306-200-005-00
010-306-300-001-00
011-004-001-00
011-133-008-90
011-029-001-90
011-035-002-00
011-034-016-00

102075

011-016-018-00

102075
102261
102266
102267
102264

011-021-008-00
011-034-009-10
011-033-001-00
011-034-009-01
011-035-004-10

X
X
X
X

102309
102256
102257
102258
102255

011-036-011-00
011-029-005-00
011-029-017-00
011-034-006-00
011-029-002-80

102276
102278
102259
102260
102254
102327
102554
102263
102308
102308

X
X
X
X

X
X

OWNER
LISTER, ARTHUR & KAREN AND
MURPHY, JANET
LISTER, ARTHUR & KAREN AND
MURPHY, JANET
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ARTHUR & SHERI
LISTER, ETHEL M
LISTER, ETHEL M

PARCEL ADDRESS

TOWNSHIP

6186 W EHLER RD

HAMLIN TOWNSHIP

Fruit Tree Clause

VACANT
VACANT
3182 S BRYE RD
VACANT
3504 W BLUNDELL RD
W BRADSHAW RD
W BRADSHAW RD
W BRADSHAW RD
W BRADSHAW RD
W BRADSHAW RD
3231 S LISTER RD
3660 W KINNEY RD

HAMLIN TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
PERE MARQUETTE TOWNSHIP
PERE MARQUETTE TOWNSHIP
PERE MARQUETTE TOWNSHIP
PERE MARQUETTE TOWNSHIP
PERE MARQUETTE TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause

LISTER, ETHEL M
LISTER, ETHEL M
LISTER, ETHEL M
LOESER, JEFFREY & TAMERA
LOESER, JEFFREY & TAMERA
LOPEZ RAUL & CYNTHIA
LORENZ, JULIE & SCHRAM, ALBERT
LUCAS, WILLIAM
LUND JON THOMAS, DONALD L,
JACALYN & STERNS BARBARA
LUND JON THOMAS, DONALD L,
JACALYN & STERNS BARBARA
LUNDBERG BROTHERS, INC
LUNDBERG FAMILY, LLC
LUNDBERG FAMILY, LLC
LUNDBERG, BRIAN & NANCY

3140 S PERE MARQUETTE HWY


S BRYE RD
S PERE MARQUETTE HWY
2585 W CHAUVEZ RD
2488 W CHAUVEZ RD
3413 W ANTHONY RD
1137 W MARRISON RD
7228 S STILES RD

RIVERTON TOWNSHIP

2933 W MEISENHEIMER RD
VACANT
VACANT
6986 S STILES RD
1337 W MARRISON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

LUNDBERG, DOLORES
LUNDBERG, DORIS
LUNDBERG, DORIS
LUNDBERG, DORIS
LUNDBERG, DORIS

VACANT
2133 W MARRISON RD
2133 W MARRISON RD
2133 W MARRISON RD
2133 W MARRISON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

011-034-017-00

LUNDBERG, DORIS

1612 W WASHINGTON RD

RIVERTON TOWNSHIP

011-034-017-50
011-035-004-00
011-035-007-00
011-029-002-00
011-034-015-00
011-034-013-00
011-034-002-90
011-028-006-00
011-028-008-00

LUNDBERG, DORIS
LUNDBERG, DORIS
LUNDBERG, DORIS
LUNDBERG, DORIS
LUNDBERG, LOUIS & BETTY
LUNDBERG, PETER & PERI
LUNDBERG, RALPH & CHARLENE
LUNDBERG, RONALD & JUDITH
LUNDBERG, RONALD & JUDITH

1970 W WASHINGTON RD
2133 W MARRISON RD
7066 S SCHWASS RD
2133 W MARRISON RD
7358 S STILES RD
2074 W WASHINGTON RD
1981 W MARRISON RD
1330 W WASHINGTON RD
1330 W WASHINGTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X

X
X

COMMENTS

8 of 15

AMENDMENTS
OUTSTANDING

No parcel address
No parcel address
No parcel address

Fruit Tree Clause

Fruit Tree Clause


Fruit Tree Clause

PERE MARQUETTE TOWNSHIP Fruit Tree Clause


PERE MARQUETTE TOWNSHIP Fruit Tree Clause
PERE MARQUETTE TOWNSHIP Fruit Tree Clause
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

2933 W MEISENHEIMER RD

X
X
X

SPECIAL CONSIDERATIONS

See red line Agreement for added/changed clauses

No parcel address
No parcel address

See red line Agreement for added/changed clauses


No parcel address - Wayne Lundberg is
deceased
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
WP#102276 1/4 Interest & WP#102275 3/4 Interest - See red
line Agreement for added/changed clauses
WP#102278 1/4 Interest & WP#102274 3/4 Interest - See red
line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

102307

PARCEL ID NUMBER

011-034-014-00

POOLED PARCEL

OWNER

LUNDBERG, RONALD & JUDITH

PARCEL ADDRESS

1330 W WASHINGTON RD

TOWNSHIP

SPECIAL CONSIDERATIONS

COMMENTS
NOTES: WP#102307 Sec 34, 40/ac parcel
can be used for property line setback
only. Plans to build a home and barn on
that property

RIVERTON TOWNSHIP

NOTES: WP#102307 Sec 34, 40/ac parcel


can be used for property line setback.
Plans to build a home and barn on that
property

102305
102305
102306
102306
102306

011-029-013-00
011-029-015-00
011-035-010-00
011-035-012-00
011-035-012-90

LUNDBERG, RONALD & JUDITH


LUNDBERG, RONALD & JUDITH
LUNDBERG, RONALD & JUDITH
LUNDBERG, RONALD & JUDITH
LUNDBERG, RONALD & JUDITH

1330 W WASHINGTON RD
1330 W WASHINGTON RD
1330 W WASHINGTON RD
1036 W WASHINGTON RD
1036 W WASHINGTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102227
102227
102227
102655
102655
102796
102212

014-018-011-00
014-018-011-50
014-018-015-00
011-017-009-00
011-017-016-00
011-025-012-00
011-017-010-00

MACDONALD, ROMMIE & JENNIFER


MACDONALD, ROMMIE & JENNIFER
MACDONALD, ROMMIE & JENNIFER
MAHYNSKI, DANIEL & KATHLEEN
MAHYNSKI, DANIEL & KATHLEEN
MALBURG, DALE & SUSAN
MANEKE ROGER, YVETTE & JANIELLE

4594 S PERE MARQUETTE HWY


VACANT
VACANT
4850 S BRYE RD
4850 S BRYE RD
6773 S SCOTTVILLE RD
3995 W HAWLEY RD

SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102835
102657
102657
102660
102659
102658
102884
102661
101039

011-003-008-01
011-014-002-00
011-014-011-00
011-011-014-00
011-014-003-00
011-012-015-00
011-005-008-10
011-014-001-01
011-025-010-01

MAPES, JUDY, ESTATE


MARTZ JOSEPH D
MARTZ JOSEPH D
MARTZ, CHAN
MARTZ, DONALD
MARTZ, DONALD
MARTZ, JULIE
MARTZ, MILDA
MARTZ, MILDA

2135 W CHAUVEZ RD
929 W HAWLEY RD
929 W HAWLEY RD
938 W HAWLEY RD
1153 W HAWLEY RD
456 W HAWLEY RD
3054 S BRYE RD
VACANT
6515 S SCOTTVILLE RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102370
101809
102860

014-018-019-00
011-017-017-00
014-018-002-00

MATHESON, CRAIG & VERDUIN, JANE


MATOIAN, JOHN
MAZUR, JASON & KAREN

4526 W MEISENHEIMER RD
4940 S BRYE RD
4385 W HAWLEY RD

SUMMIT TOWNSIHP
RIVERTON TOWNSHIP
SUMMIT TOWNSIHP

102680
102648
102840
102574

011-010-014-00
011-009-002-00
011-005-013-01
011-034-011-90

X
X
X

4296 S STILES RD
2501 W KINNEY RD
3958 W CHAUVEZ RD
2040 W WASHINGTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102320

014-018-020-00

4948 S PERE MARQUETTE HWY

SUMMIT TOWNSIHP

102320

014-018-021-00

VACANT

SUMMIT TOWNSIHP

No parcel address

102320
101198
101198
101315
102201

014-018-025-00
011-033-014-00
011-033-015-00
011-032-011-00
011-009-003-00

X
X
X

MCCUMBER FAMILY TRUST


MCDONALD, MARVIN
MCFP PROPERTIES INC
MCLOUTH, THOMAS & MELANIE
MICHIGAN FOOD PROCESSORS
COOPERATIVE INC
MICHIGAN FOOD PROCESSORS
COOPERATIVE INC
MICHIGAN FOOD PROCESSORS
COOPERATIVE INC
MILLER FRANCIS & BETTY
MILLER FRANCIS & BETTY
MILLER, BYRON & JULIA
MONTON MARK & ANNETTE

5130 S PERE MARQUETTE HWY


7114 S MORTON RD
7114 S MORTON RD
3742 W WASHINGTON RD
VACANT

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

No parcel address

X
X
X

9 of 15

AMENDMENTS
OUTSTANDING

No parcel address
No parcel address
Non Development
Non Development

Erica Tucker & Laura Gregones, Co-Reps


for the Estate of Judy Mapes-deceased

No parcel address

Maryanne Nielsen & Thomas McCumber,


Co Trustees

X
X

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
102597
102226
102310
102879
102879

PARCEL ID NUMBER
011-010-012-00
011-020-007-00
011-035-009-00
011-004-021-80
011-022-012-00

POOLED PARCEL
X

OWNER
MONTON, LAVERNE & CLARA
MORTON, LEMOYNE & SHIRLEY
MUNSON, RAYMOND & STEPHANIE
MURPHY PATRICK
MURPHY, PATRICK

PARCEL ADDRESS
4320 W WASHINGTON RD
4563 W BRADSHAW RD
7358 S SCHWASS RD
2588 W KINNEY RD
2213 W MEISENHEIMER RD

TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102679
102269
102270
102271
102272
102273
102268

014-018-019-50
011-028-003-40
011-028-003-50
011-029-019-00
011-034-002-00
011-034-011-00
011-028-003-30

X
X
X
X
X
X

NELSON CAROL C
NEW HORIZON FARMS
NEW HORIZON FARMS
NEW HORIZON FARMS
NEW HORIZON FARMS
NEW HORIZON FARMS
NEW HORIZON FARMS

VACANT
1981 W MARRISON RD
1981 W MARRISON RD
1981 W MARRISON RD
2133 W MARRISON RD
1981 W MARRISON RD
1981 W MARRISON RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

102275

011-034-017-00

NEW HORIZON FARMS

1612 W WASHINGTON RD

RIVERTON TOWNSHIP

102274

011-034-017-50

1970 W WASHINGTON RD

RIVERTON TOWNSHIP

102906
102495
102575

011-003-009-00
014-019-010-01
011-020-021-10

VACANT
4555 W MEISENHEIMER RD
3612 W ANTHONY RD

RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP

101755
102237
102331
102861
102315
102578
101018
102417
101300
102392
102392

011-005-002-00
011-021-009-50
014-007-014-90
011-004-017-90
011-008-002-00
011-015-004-10
011-026-004-00
011-033-021-00
011-033-020-00
011-033-022-00
011-033-023-00

NEW HORIZON FARMS


NEWBERG, MARY, JOHN & JOANNA;
COLBY DAVID & JENNIFER
NORTHRUP, ROBERT & DAWN
OLIVAREZ, LEO & RACHEL
OLMSTEAD, ELWYN & HACKERT, ROY &
SUSAN
OLSON, CARL & DEBRA
OLSON, WILLIAM L & KATHLEEN F
OWENS, KATHLEEN
PAPPE, MARION B
PEDERSEN, RONALD & ANN
PETERSEN, DANNY & LORETTA
PETERSEN, DANNY & LORETTA
PETERSEN, JESSE & ANNA
PETERSEN, JESSE & ANNA
PETERSEN, JESSE & ANNA

3497 W CHAUVEZ RD
3101 W MEISENHEIMER RD
4424 W HAWLEY RD
3309 S STILES RD
3283 W KINNEY RD
4753 S SCHWASS RD
1316 W MARRISON RD
3010 W WASHINGTON RD
VACANT
3088 W WASHINGTON RD
7572 S MORTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause

PETERSON DARYL & SUSAN; PETERSON,


LYNN; HULL, STEVEN & AMY;
LAMPSON, DONALD & KATHERINE

6115 W OLMSTEAD RD

RIVERTON TOWNSHIP

Fruit Tree Clause

X
X
X
X

SPECIAL CONSIDERATIONS

COMMENTS

Gratee may specify placement of evacuated fill, Fruit Tree


Clause & Contractor's Insurance - Grantee will require it's
contractors who perform construction, maintenance or other
work on or in connection with Wind Farm Facilities on the
Easement Premises hereunder to carry insurance in
accordance with Grantee's policies. See Paragraph 5 (Idemnity
Clause) & Paragraph 6 (Real & Personal Property Taxes) clause
for additional provisions.
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
See red line Agreement for added/changed clauses
WP#102276 1/4 Interest & WP#102275 3/4 Interest - See red
line Agreement for added/changed clauses
WP#102278 1/4 Interest & WP#102274 3/4 Interest - See red
line Agreement for added/changed clauses

No parcel address
X
X

No parcel address

Attorney in Fact: Susan Pappe

No parcel address

101758

011-015-006-00

101762

014-113-001-00

PETERSON, DARYL & SUSAN

4427 S PERE MARQUETTE HWY

SUMMIT TOWNSHIP

Fruit Tree Clause

101762

014-113-002-00

PETERSON, DARYL & SUSAN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

101762

014-114-023-00

PETERSON, DARYL & SUSAN

6115 W OLMSTEAD RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101762

014-114-028-00

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101802

014-114-005-00

PETERSON, DARYL & SUSAN


PETERSON, DARYL & SUSAN; HULL,
STEVEN & AMY

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

10 of 15

AMENDMENTS
OUTSTANDING

No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#

PARCEL ID NUMBER

101802

014-114-022-00

101759

011-008-013-00

101759

POOLED PARCEL

OWNER
PETERSON, DARYL & SUSAN; HULL,
STEVEN & AMY

PARCEL ADDRESS

TOWNSHIP

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

PETERSON, DARYL, SUSAN & LYNN

6115 W OLMSTEAD RD

RIVERTON TOWNSHIP

Fruit Tree Clause

011-008-018-50

PETERSON, DARYL, SUSAN & LYNN

6115 W OLMSTEAD RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101759

011-017-025-00

PETERSON, DARYL, SUSAN & LYNN

3244 W BLUNDELL RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101759

011-020-013-00

PETERSON, DARYL, SUSAN & LYNN

5552 S BRYE RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101759

014-007-013-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-007-016-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-007-018-00

PETERSON, DARYL, SUSAN & LYNN

4082 S PERE MARQUETTE HWY

SUMMIT TOWNSHIP

Fruit Tree Clause

101759

014-019-008-00

PETERSON, DARYL, SUSAN & LYNN

4497 W MEISENHEIMER RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101759

011-020-006-00

PETERSON, DARYL, SUSAN & LYNN

6115 W OLMSTEAD RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101759

014-112-012-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-112-024-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-112-025-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-113-008-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-113-009-00

PETERSON, DARYL, SUSAN & LYNN

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101759

014-113-027-00

VACANT

SUMMIT TOWNSHIP

Fruit Tree Clause

No parcel address

101767

011-004-006-00

3155 S STILES RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101767

011-004-018-00

6115 W OLMSTEAD RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101767
102296
102296
102823
101785
102065
102871
102568

011-004-019-00
011-021-001-50
011-013-005-00
011-003-020-00
011-014-010-00
011-023-006-00
011-008-010-00
014-031-013-00

X
X

PETERSON, DARYL, SUSAN & LYNN


PETERSON, DARYL, SUSAN & LYNN;
HORSTMAN, FREDERICK & JANE
PETERSON, DARYL, SUSAN & LYNN;
HORSTMAN, FREDERICK & JANE
PETERSON, DARYL, SUSAN & LYNN;
HORSTMAN, FREDERICK & JANE
PHILLIPS, LLOYD & JULIE
PHILLIPS, LLOYD & JULIE
PLEINESS KELVYN
PLEINESS MARIA
POE DANIEL
POSMA, THOMAS & MARCIE
PRINCE, ROBERT

6115 W OLMSTEAD RD
2587 W MEISENHEIMER RD
789 W HAWLEY RD
1612 W KINNEY RD
5124 S SCHWASS RD
1567 W MEISENHEIMER RD
3736 W KISTLER RD
4152 W WASHINGTON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP

Fruit Tree Clause

101338
101152
101152
102583
102314
102149

011-025-006-50
011-036-001-00
011-036-001-50
011-009-006-50
014-018-027-00
014-030-011-90

PUSTAY, JOHN
QUALLS, JACK & VIVIAN
QUALLS, JACK & VIVIAN
RAY, JOHN & MELISSA
RICHARDS, LAWRENCE & JULIE
ROBERTS PETER & BEVERLY

774 W SIPPY RD
6845 S SCOTTVILLE RD
6933 S SCOTTVILLE RD
2569 W KINNEY RD
4690 W MEISENHEIMER RD
4296 W MARRISON RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP

X
X
X
X

X
X

11 of 15

SPECIAL CONSIDERATIONS

COMMENTS

AMENDMENTS
OUTSTANDING

No parcel address

NOTES: East 1/2 of Easement will be


divided into lots for sale and developed

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
102051
102141
102503
102503
102503

PARCEL ID NUMBER
011-022-011-00
014-019-029-00
011-004-021-00
011-004-022-00
011-009-001-00

POOLED PARCEL

102502
102581
102025
102242
101717
101717
101717
101717
102868
101717
102303
102477
102499
102202
102867
102867
102867
102867
102186
102186
102186
102867
102867
102867
101028
101026
103100
102831
101960
102295
102390
101962

011-004-017-00
011-009-001-50
011-023-003-00
011-021-010-00
011-003-013-00
011-009-021-00
011-010-014-50
011-010-017-00
011-016-019-00
011-133-001-00
014-007-011-10
011-029-001-70
011-033-018-00
011-015-007-00
011-009-015-65
011-010-005-00
011-010-008-50
011-010-013-15
011-016-005-00
011-016-008-00
011-016-008-10
011-017-001-10
011-010-004-61
011-010-013-10
011-036-003-00
011-036-015-00
011-025-007-00
011-003-001-50
011-015-008-00
014-007-005-00
014-018-034-20
011-016-006-00

X
X
X

101504
102349
101497
101497
101497
101498
101498
103100
101337
102283

014-030-010-00
014-018-034-16
011-014-008-00
011-015-008-30
011-015-014-00
011-014-006-00
011-014-007-00
011-024-022-00
011-026-001-00
011-008-010-50

102875
101753
101753

014-007-011-00
011-014-014-00
011-023-001-00

X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X
X
X

OWNER
ROBERTS, PAUL & DEBORA
ROGERS, KENDALL & VIRGINIA
SADLER, GEORGE & MARCIA
SADLER, GEORGE & MARCIA
SADLER, GEORGE & MARCIA
SADLER, GEORGE & MARCIA; SADLER,
GEORGE & KRISTI
SANCHEZ, SILVIA
SAXTON, COLIN & KIM
SAYLOR, LINDA
SCHADE, CHARLES & KATHERINE
SCHADE, CHARLES & KATHERINE
SCHADE, CHARLES & KATHERINE
SCHADE, CHARLES & KATHERINE
SCHADE, CHARLES & KATHERINE
SCHADE, CHARLES & KATHERINE
SCHLAACK, CARL R & MELODY A
SCHMIEDEKNECHT, ERNEST
SCHMIEDEKNECHT, ERNEST
SCHULTZ, ROBERT L & BEVERLY
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SCHWASS, THEODORE & JOAN
SHAFER, GERALD & BERNICE
SHAFER, ROBERT & HARRIET
SHILANDER, MADELINE & CLIFF
SHUMAN, ROBERT & SUSAN
SIBLEY, HERBERT & NANCY
SIELSKI, EDWARD & JEAN A
SLATER, JOHN
SLIMMEN, STEVEN & BECKY

PARCEL ADDRESS
5314 S STILES RD
4183 W DEREN RD
2522 KINNEY RD
2522 KINNEY RD
2522 KINNEY RD

TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

S STILES RD
2547 W KINNEY RD
1267 W MEISENHEIMER RD
VACANT
5124 S SCHWASS RD
2828 W CHAUVEZ RD
2828 W CHAUVEZ RD
2828 W CHAUVEZ RD
1033 BEECHWOOD DR
2828 W CHAUVEZ RD
4428 W KISTLER RD
6157 S MORTON RD
7216 S MORTON RD
RT#1 ADAMS RD
VACANT
1964 W KISTLER RD
VACANT
2373 W KISTLER RD
4510 S MORTON RD
4536 S MORTON RD
4510 S MORTON RD
VACANT
VACANT
4040 S STILES RD
212 W BEARD RD
7073 S DARR RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP

1635 W CHAUVEZ RD
2054 W MEISENHEIMER RD
4355 W KINNEY RD
4134 W MEISENHEIMER RD
4627 S STILES RD
6674 S PERE MARQUETTE HWY
5175 S BRYE RD
4722 S SCHWASS RD
4722 S SCHWASS RD
4837 S SCHWASS RD
4722 S SCHWASS RD
4722 S SCHWASS RD

SMALLEY, BEVERLY
SMITH, WILLIAM
SORENSEN DARYL
SORENSEN DARYL
SORENSEN DARYL
SORENSEN, DARYL & LAURA
SORENSEN, DARYL & LAURA
SPLIT, DAVID & JILL
SPLIT, DAVID & JILL
SPRINGDALE FARMS

842 W SIPPY RD
VACANT

SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X
X

ST JOHN, PAULA
STAKENAS DAVID & CAROL
STAKENAS DAVID & CAROL

3948 S PERE MARQUETTE HWY


839 W MEISENHEIMER RD
839 W MEISENHEIMER RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X
X
X
X

12 of 15

SPECIAL CONSIDERATIONS

COMMENTS

AMENDMENTS
OUTSTANDING

X
No parcel address

Non-Development
Non-Development
Non-Development
Non-Development

Non-Development
Non-Development
Non-Development

No parcel address
No parcel address

No parcel address
No parcel address

No parcel address
James Zwinger is deceased

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
101753
102896
102382
102072
102072

PARCEL ID NUMBER
011-023-004-00
014-007-024-00
014-019-013-00
011-022-008-00
011-022-013-00

102407

014-031-007-65

102407
102234
102825

014-031-007-80
011-016-007-00
011-003-003-00

102876
102845
102845
102845
102845
102845
102845
102845
102845
102845
102845

011-013-003-00
011-003-001-00
011-003-018-00
011-001-003-00
011-001-022-00
011-002-001-00
011-003-019-90
011-134-001-00
011-135-016-00
011-136-020-00
011-136-023-00

102846

004-007-006-00

102846

004-007-007-01

102846

004-008-007-00

102846
101065

POOLED PARCEL
X

OWNER
STAKENAS, DAVID & CAROL
STERNS, RICHARD & BARBARA
STIRN, PETER & PAMELA
STRAHAN, KAREN
STRAHAN, KAREN

PARCEL ADDRESS
VACANT
4720 W HAWLEY RD
VACANT
5446 S STILES RD
5446 S STILES RD

TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

SUMMIT'S TRACE MINI STORAGE

7094 S PERE MARQUETTE HWY

SUMMIT TOWNSHIP

7090 S PERE MARQUETTE HWY


3161 W HAWLEY RD
2009 W CHAUVEZ RD

SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

VACANT
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
819 W CHAUVEZ RD
624 W CHAUVEZ RD
819 W CHAUVEZ RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

3782 S SCOTTVILLE

EDIN TOWNSHIP

VACANT

EDIN TOWNSHIP

No parcel address

VACANT

EDIN TOWNSHIP

No parcel address

004-008-009-00
011-035-001-00

SUMMIT'S TRACE MINI STORAGE


SWYGERT, CHARLES
THUROW, GREG & NADINE
THUROW, GREG, NADINE,
CHRISTOPHER & STEPHANIE
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT & DEEDRA
THUROW, ROBERT, DEEDRA,
CHRISTOPHER & STEPHANIE
THUROW, ROBERT, DEEDRA,
CHRISTOPHER & STEPHANIE
THUROW, ROBERT, DEEDRA,
CHRISTOPHER & STEPHANIE
THUROW, ROBERT, DEEDRA,
CHRISTOPHER & STEPHANIE
TILES, JOHN & WINIFRED

819 W CHAUVEZ RD
VACANT

EDIN TOWNSHIP
RIVERTON TOWNSHIP

No Parcel Address

101066

011-025-004-00

TILES, KURT, MARVA, JOHN & WINIFRED

519 E SIPPY RD

RIVERTON TOWNSHIP

101066
102330
102832
102140
102617
102471
102471
102472
102472

011-025-011-00
011-015-003-00
011-003-009-10
011-016-004-00
011-009-009-00
011-017-008-00
011-017-011-00
011-021-013-00
011-021-014-00

TILES, KURT, MARVA, JOHN & WINIFRED


TINSLEY, NANCY E
TUCKER, RYAN & ERICA
TURK, MARK & MYRA
VAN DYKE, RONALD & BEVERLY
VAN NORTWICK THOMAS & JANICE
VAN NORTWICK THOMAS & JANICE
VAN NORTWICK THOMAS & JANICE
VAN NORTWICK THOMAS & JANICE

519 E SIPPY RD
1883 W HAWLEY RD
2243 W CHAUVEZ RD
4565 S STILES RD
2785 W KINNEY RD
2860 W ANTHONY RD
2860 W ANTHONY RD
VACANT
2860 W ANTHONY RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

X
X

X
X

X
X
X
X
X
X
X

13 of 15

SPECIAL CONSIDERATIONS

COMMENTS
No parcel address

AMENDMENTS
OUTSTANDING

No parcel address

No parcel address

No parcel address

Contract Issue
November 10, 2010

EXHIBIT A-4
PROJECT EASEMENTS

CONFIDENTIAL

WP#
102472
102472
102473
103097
102110
102566
102064
102527
102223
102101
102240

PARCEL ID NUMBER
011-021-022-00
011-021-023-00
011-028-007-00
011-021-022-10
011-015-007-50
011-028-006-80
011-022-010-00
014-030-004-20
011-009-015-00
011-015-016-00
011-021-001-00

POOLED PARCEL
X
X
X
X
X
X

PARCEL ADDRESS
2790 W ANTHONY RD
2860 W ANTHONY RD
2860 W ANTHONY RD
2708 W ANTHONY RD
4710 S STILES RD
2969 W ANTHONY RD
2131 W MEISENHEIMER RD
6225 S BRYE RD
3884 S MORTON RD
5065 S SCHWASS RD
5205 S STILES RD

TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
SUMMIT TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

SPECIAL CONSIDERATIONS

X
X
X

OWNER
VAN NORTWICK THOMAS & JANICE
VAN NORTWICK THOMAS & JANICE
VAN NORTWICK, JANICE
VANNORTWICK, TODD & REBECCA
VANVOLKENBURG, ALLEN & JUDY
VARENHORST, MARK & HEIDI
VELAT, RUSSELL & PAMELA
VIDAK, ALICE
WAGNER, JOHN & CINDY
WALLS KARL & LAVINIA
WATERS FRANK JR & MARLENE

101764

011-017-004-00

WRIGHT DAVID & SALLY

3553 W HAWLEY RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

014-019-033-00

3444 W DEREN RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101763

014-019-006-00

WRIGHT DAVID L & SALLY J


WRIGHT DAVID L & SALLY; INGRAHAM,
DUANE & BEVERLY

3444 W DEREN RD

SUMMIT TOWNSHIP

Fruit Tree Clause

101764

011-016-016-00

WRIGHT, DAVID & SALLY

3444 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

011-017-030-00

WRIGHT, DAVID & SALLY

3444 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

011-020-004-00

WRIGHT, DAVID & SALLY

3444 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

011-020-017-00

WRIGHT, DAVID & SALLY

3444 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

011-020-017-10

WRIGHT, DAVID & SALLY

3471 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764

011-020-024-00

WRIGHT, DAVID & SALLY

3444 W DEREN RD

RIVERTON TOWNSHIP

Fruit Tree Clause

101764
102881

011-021-011-00
011-004-004-10

WRIGHT, DAVID & SALLY


YOUNG, KREG

3444 W DEREN RD
2611 W CHAUVEZ RD

RIVERTON TOWNSHIP
RIVERTON TOWNSHIP

Fruit Tree Clause

14 of 15

COMMENTS

AMENDMENTS
OUTSTANDING

Non Development

Contract Issue
November 10, 2010

CONFIDENTIAL

EXHIBIT A-4
PROJECT EASEMENTS

WP#
PARCEL ID NUMBER
POOLED PARCEL
OWNER
PARCEL ADDRESS
TOWNSHIP
SPECIAL CONSIDERATIONS
NOTES:
"WP#" is the Consumers Energy easement number tracking ID.
"X" designation in Pooled Parcel column indicates that parcel is included as a Pooled Parcel in the Special Use Permit and is eligible for construction of permanent project facilities.

COMMENTS

AMENDMENTS
OUTSTANDING

"Non Development" designation in Special Considerations column indicates that permanent facilities may not be constructed on the parcel.
If there is an entry in Special Considerations column, BOP EPC Contractor shall coordinate with Owner to understand restriction prior to design and construction of facilities on the parcel.
Amendment Outstanding column represents those parcels to be included in the "Pool" for Special Use Permit purposes which requires language indicating said parcels will forever be a part of the "Pool" so long as the Special Use Permit is in
effect.

15 of 15

Contract Issue
November 10, 2010

Exhibit A-5
*Intentionally Omitted*

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-6
Project Site Aerial Surveys
CMS-M6 01.dwg
CMS-M6 01_DTM.dwg
CMS-M6 03.dwg
CMS-M6 03_DTM.dwg
CMS-M6 05.dwg
CMS-M6 05_DTM.dwg
CMS-M6 07.dwg
CMS-M6 07_DTM.dwg
CMS-M6 09.dwg
CMS-M6 09_DTM.dwg
CMS-M6 11.dwg
CMS-M6 11_DTM.dwg
CMS-M6 13.dwg
CMS-M6 13_DTM.dwg
CMS-M6 15.dwg
CMS-M6 15_DTM.dwg
CMS-M6 17.dwg
CMS-M6 17_DTM.dwg
CMS-M6 19.dwg
CMS-M6 19_DTM.dwg
CMS-M6 21.dwg
CMS-M6 21_DTM.dwg
CMS-M6 23.dwg
CMS-M6 23_DTM.dwg
CMS-M6 25.dwg
CMS-M6 25_DTM.dwg
CMS-M6 27.dwg
CMS-M6 27_DTM.dwg
CMS-M6 29.dwg
CMS-M6 29_DTM.dwg
CMS-M6 31.dwg
CMS-M6 31_DTM.dwg
CMS-M6 33.dwg
CMS-M6 33_DTM.dwg
CMS-M6 35.dwg
CMS-M6 35_DTM.dwg
CMS-M6 37.dwg
CMS-M6 37_DTM.dwg
Mason County DWG File Index.pdf

CMS-M6 02.dwg
CMS-M6 04.dwg
CMS-M6 06.dwg
CMS-M6 08.dwg
CMS-M6 10.dwg
CMS-M6 12.dwg
CMS-M6 14.dwg
CMS-M6 16.dwg
CMS-M6 18.dwg
CMS-M6 20.dwg
CMS-M6 22.dwg
CMS-M6 24.dwg
CMS-M6 26.dwg
CMS-M6 28.dwg
CMS-M6 30.dwg
CMS-M6 32.dwg
CMS-M6 34.dwg
CMS-M6 36.dwg
CMS-M6 38.dwg

CMS-M6 02_DTM.dwg
CMS-M6 04_DTM.dwg
CMS-M6 06_DTM.dwg
CMS-M6 08_DTM.dwg
CMS-M6 10_DTM.dwg
CMS-M6 12_DTM.dwg
CMS-M6 14_DTM.dwg
CMS-M6 16_DTM.dwg
CMS-M6 18_DTM.dwg
CMS-M6 20_DTM.dwg
CMS-M6 22_DTM.dwg
CMS-M6 24_DTM.dwg
CMS-M6 26_DTM.dwg
CMS-M6 28_DTM.dwg
CMS-M6 30_DTM.dwg
CMS-M6 32_DTM.dwg
CMS-M6 34_DTM.dwg
CMS-M6 36_DTM.dwg
CMS-M6 38_DTM.dwg

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-7
Meteorological Tower Coordinates (Later)
*Provided Post-Effective Date*

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-8
Geotechnical Studies

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-9
SCADA Diagram

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Lake Winds Energy Park

WTG Vendor Central Office

Conceptual SCADA Diagram

Remote WTG SCADA Connectivity During Commissioning


and Warranty Period

Collector Substation Control Building

Workstation
TCP/IP
Firewall / VPN Appliance

Secure VPN
TCP/IP
T1 (1.544 Mbps)
DR
Switch

Consumers
Energy
Firewall
VPN
Appliance

Secure VPN
TCP/IP
T1 (1.544 Mbps)

TCP/IP

Vestas
Firewall
VPN
Appliance

TCP/IP
Consumers Energy
(Parnall East)

ES&T Jackson
WTG HMI

TCP/IP

Consumers Energy
DR/BC

Local Data Network


(Router, Switches, etc.)

DR/BC
WTG HMI

TCP/IP

TCP/IP
Firewall / VPN Appliance

Firewall / VPN Appliance

TCP/IP

TCP/IP

Consumers Energy
Corporate Data Network

Consumers Energy
Corporate Data Network

(Routers, Switches, etc.)

(Routers, Switches, etc.)

TCP/IP

TCP/IP

Substation Data
Concentrator

Individual & Aggregated WTG,


Met Tower, and Control Data

IED Data/Status/Control Points


(e.g., substation relays, cap
bank control, LTC, meters,
alarms, etc.). Possible interface
to WTG SCADA.

Meteorological
Wind Speed
Temperature
Humidity
Blade pitch
Etc.
Status
On/Off
Condition (OK/
Alarm)
Availability

Electrical
MW
MVAR
Volts
Etc.
Mechanical
Temps
Etc.
Control
MW
MVAR
Etc.

DNP Serial

Substation RTU
DNP Serial

Total Supply
MW
MVAR
Total CAP Avail MW/MVAR

TCP/IP
Fiber

Local WTG HMI Monitor


Local HMI Monitors
(office area)

Frame Relay
DNP Serial
TCP/IP
Fiber

TCP/IP

Consumers Energy Corporate


Systems

Frame Relay
DNP Serial

CE Energy
Management
System
SCADA
from
Substation RTU

SAP Interface
(Implementation Uncertain)

Total supply
MW
MVAR
Total CAP Avail MW/MVAR
N available
N online

TCP/IP
O&M WTG Service Tech
Portable Handhelds

DR
Switch

Frame Relay
DNP Serial

Alarms
CE Energy Management System
Control Data
Dispatch Setpoint
AGC Status
Mandatory Control

SCADA from Substation RTU


Total supply
MW
MVAR
Total CAP Avail MW/MVAR
N available
N online

Data Historian
(PI Server)
WTG historical control/
alarm data

TCP/IP

WTG Vendor Management


(SCADA) System

DR
Switch

Frame Relay
Serial

MISO
(Midwest
Independent
System Operator)

WTGs and Met Towers


(if necessary)
(if necessary)

TCP/IP

Alarms
DR/BC EMS HMI

TCP/IP

Control Data
Dispatch Setpoint
AGC Status
Mandatory Control

TCP/IP
System Control HMI
ES&T Jackson
Current Monitoring
EMS HMI
System

This document contains Confidential Information. Do Not Copy any portion without written permission from Consumers Energy Company.
Rev. 5

NOT FOR CONSTRUCTION

Lake Winds Energy Park Conceptual SCADA including Departmental Duties & Responsibilities
WTG Vendor SCADA System: The WTG Vendor SCADA System Server will be located in a secure room inside the WTG Vendors Local Support Building. The WTG Vendor SCADA System is very similar to and can be compared to a DCS
Control System in a CE Generating Facility. The WTG Vendor SCADA System Server collects data and allows for interfacing with each of the individual WTGs, Existing MET Towers (if determined existing MET Towers will be rerouted to the WTG
SCADA System), new MET Towers (if new MET Towers will be required) and the Collector Substation. The WTG Vendor SCADA System Server then allows for 3rd Party Interfacing for remote monitoring and control. Each of the 3rd Party
Interfaces which need to occur are described below. The best means of communication interface with each of the 3rd Parties will need to be discussed with the WTG Vendor once a WTG Supplier is selected as each of the Suppliers Systems
seem to communicate in different ways (TCP/IP,DNP3 etc.). The WTG Vendor SCADA & Control System will be maintained by the Lake Winds Energy Park Lab Technician who will be specifically trained on the Vendors SCADA System and
permanently assigned to the Lake Winds Energy Park Headquarters. Annual software maintenance and updates on the Vendors Systems will be accomplished through the Vendor and this Lab Technician.
WTG Vendor Central Office: During WTG Warranty period the WTG Vendor will have access to monitor the entire wind farm and provide troubleshooting support to WTG Service Technicians. All WTG operations (MW, MVARs, System Voltage,
Frequency control, Start/Stop/Lockout of individual WTGs) will be requested through ES&T (3rd Floor Parnall, Jackson) who will be responsible for performing these operations (This will require further discussion based on the WTG Warranty
requirements).
CE Energy Management System (Parnall East, Jackson): This current monitoring system will need to interface with the WTG Vendor SCADA System in order to extract the required data and distribute the data to the appropriate areas (ES&T,
DR, System Control) within CE. The data that needs to be extracted and CONTROL interfaces that need to occur are but are not limited to the following: All data & controls from the Collector Substation that will be routed into the WTG Vendor
Server, Total MW output and CONTROL, Total MVARS output and CONTROL, Frequency, Voltage (34.5 & 138 kv), and a Common WTG Station Alarm.
ES&T (3rd Floor Parnall Jackson) WTG Human Interface (HMI) Workstation: From this WTG HMI, ES&T will be able to monitor all aspects of the entire wind farm. This will include such things as individual WTG status, equipment status and
individual WTG alarms. ES&T will also be able to Control the output (Total MWs, MVARs, System Voltage, Frequency control, Start/Stop/Lockout of individual WTGs) from the entire wind farm through this WTG HMI similar to the way they
currently perform using AGC for the Fossil plants and Peakers. In the event of an individual WTG alarm, ES&T will be able to view the alarm on this WTG HMI and then perform one or more of the following actions: Acknowledge the alarm,
remove the individual WTG from service if warranted, contact Lake Winds Supervisor or On-Call supervisor to immediately dispatch a General WTG Service Worker if warranted or if not warranted wait until the following business day to contact
Lake Winds Supervisor or On-Call supervisor and dispatch a General WTG Service Worker during normal business hours (This will require additional discussions since this will become purely a Business Decision).
ES&T (3rd Floor Parnall Jackson) Current Energy Management System HMI: The following data and WTG controls will need to be routed from the WTG Vendor SCADA system server through CEs Current Energy Management System and
incorporated into ES&Ts Current Energy Management System HMI: Total MW output and CONTROL, Total MVARS output and CONTROL, Frequency, Voltage (138 kv), Common WTG Station Alarm (When this alarm is received then ES&T will
need to look at the WTG HMI to view and acknowledge the individual WTG alarm). Through this ES&T Current Energy Management System HMI, ES&T will need to be able to CONTROL the Total MW output and MVAR output from the entire
wind farm similar to the way they currently perform using AGC for the Fossil plants and Peakers using MISOs LMP Market price to control the Total MW output of the plant (This means of Control will become the primary means of control).
DR/BC WTG Human Interface (HMI) Workstation: From this WTG HMI, DR Battle Creek will be able to perform all the same function as described above in the ES&T (3rd Floor Parnall Jackson) WTG HMI and is a backup to ES&T (3rd Floor
Parnall Jackson).
DR/BC Current Energy Management System: All of the data and WTG controls as described above in ES&T (3rd Floor Parnall Jackson) Current Energy Management System HMI will need to be incorporated into DR/BC Current Energy
Management System and is a backup to ES&T (3rd Floor Parnall Jackson).
System Control Center (SCCS, SCCW, etc.) Current Monitoring System: The following data and substation controls will need to be routed from the WTG Vendor SCADA system server and from the Collector Substation through CEs Current
Energy Management System which will need to be incorporated into the appropriate System Controls Current Monitoring System: All data & controls from the Collector Substation that will be routed into the WTG Vendor Server, All data & controls
being directly routed from the Collector Substation, Total MW output, Total MVARS output, Frequency, Voltage (34.5 & 138 kv).
Collector Substation SCADA System: This SCADA System will be a typical extension of the already existing state-wide SCADA system and be designed based on CE's Standard Generator-Interconnect Substation SCADA interfaces. This
RTU-based interface will function as the primary connection for SCADA and Automatic Generator Control (AGC) between the existing CE SCADA system having a "Master" station at Parnall East, Jackson, an RTU (configured by SE&P-I&C) at the
substation, and connected to the WTG Vendor SCADA System Server. This means of communication needs to absolutely be DNP-Serial. As such, this interface will not only serve to provide substation SCADA functionality but also
aggregated Windfarm SCADA and AGC, in a fashion virtually identical to that done at all other Consumer Energy generation facilities and system-connected IPPs. This functionality shall include but are not limited to the following: substation
relays, breaker position & CONTROLS, Total MW generated, Total MVARS generated, MW and MVAR Windfarm demand setpoints, generation capacity limits/derates (gross available generation), ramp-rate capability, general windfarm alarm,
Substation Alarms, Voltage (34.5 & 138 kv). All system maintenance on the Collector Substation Systems, including the SCADA/AGC interface will be accomplished following the current CE protocols and departments such as Elec Lab.
Scheduling of testing and maintenance will need to be incorporated into CEs current scheduling system.
Substation Control Building: These workstations will be utilized by the Lake Winds Energy Park O&M General WTG Service Workers & Lab Technician to daily monitor and control the overall operation of the wind farm. From these workstations
the employees will also be able to remove individual WTGs from service for routine preventative maintenance or troubleshooting and repair (These activities must be communicated with ES&T).
CE SAP Interface: This is an optional interface with the WTG Vendor SCADA System Server and at this time uncertain how this is going to be accomplished or if it can be done. What is believed to be the original concept is that in the event of an
alarm or equipment malfunction the Vendor SCADA System will interface with the CE SAP system to create a work order that can be used to plan the General WTG Service Workers daily work. Once the work order is created the General WTG
Service Workers will use Portable Handheld to display and close out the work orders upon completion. These Portable Handhelds will also be used by the Service Workers to enter their timesheets as well as other Employee Self Services in SAP.

Exhibit A-10
SCADA Points List

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

EXHIBIT A-10
SCADA Points Sample Template

Page 1 of 2

x
x
x
x
x
x
x
x
x

x
x
x

x
x
x

x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x

x
x
x
x
x
x
x
x
x
x
x
x
x

RTO/ISO

Interconnection Utility

Power Purchaser

Parameter
Interconnect MWatts
Interconnect MVARs
Interconnect Power Factor
Interconnect Bus A-Phase Voltage
Interconnect Bus B-Phase Voltage
Interconnect Bus C-Phase Voltage
Interconnect A-Phase Amps
Interconnect B-Phase Amps
Interconnect C-Phase Amps
Interconnect Net KWH In
Interconnect Net KWH Out
Interconnect Net KVARH In
Interconnect Net KVARH Out
Transformer MWatts
Transformer MVARs
Transformer Power Factor
Transformer Bus A-Phase Voltage
Transformer Bus B-Phase Voltage
Transformer Bus C-Phase Voltage
Transformer A-Phase Amps
Transformer B-Phase Amps
Transformer C-Phase Amps
Transformer Net KWH In
Transformer Net KWH Out
Transformer Net KVARH In
Transformer Net KVARH Out
Transformer LTC Position
Transformer Alarms
Switch Open - All Motorized Switches
Switch Closed - All Motorized Switches
Switch Local/Remote - All Motorized Switches
Transmission Breakers Status
Transmission Breakers Alarms
Protection Relays - Trip Target
Protection Relays - Relay Health Alarm
Protection Relays - Communication Alarm
Protection Relays - Loss of Potential
Cap Bank A-Phase Amps
Cap Bank B-Phase Amps
Cap Bank C-Phase Amps
Cap Bank MWatts
Cap Bank MVARs

Owner

Group
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Interconnect Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Per Substation Transformer Data
Substation Data
Substation Data
Substation Data
Substation Data
Substation Data
Substation Data
Substation Data
Substation Data
Substation Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data

Turbine Vendor

Off Taker

x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x

Final
July 23, 2010

EXHIBIT A-10
SCADA Points Sample Template

Page 2 of 2

x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x

x
x
x
x
x
x
x
x
x
x

x
x
x
x
x
x
x

x
x

RTO/ISO

Interconnection Utility

Power Purchaser

Parameter
Capacitor Bank Breaker 52A Status
Capacitor Bank Breaker Local/Remote
Capacitor Bank Breaker Relay Alarm (EN LED)
Capacitor Breaker Relay Loss of Potential
Capacitor Bank Breaker Relay Communication Alarm
Capacitor Bank Breaker - TRIP Target
Capacitor Step Status
Station Battery Charger Alarm
Summary Relay Failure Alarm
Circuit A-Phase Amps
Circuit B-Phase Amps
Circuit C-Phase Amps
Circuit MWatts
Circuit MVARs
Collector Breaker - Status
Collector Breaker - Local/Remote
Collector Breaker - Relay Alarm
Collector Breaker - Relay Loss of Potential
Collector Breaker - Relay Communication Alarm
Collector Breaker -Trip Target
Total Turbines Available
Total Turbines Running
MET Station Instantaneous Wind Speed
MET Station Average Wind Speed
MET Station Wind Direction
MET Station Barometric Pressure
MET Station Temperature

Owner

Group
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Capacitor Bank Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
Per Collector Circuit Data
General Data
General Data
General Data
General Data
General Data
General Data
General Data

Turbine Vendor

Off Taker

x
x

Final
July 23, 2010

Exhibit A-11
Collection Substation One-Line Diagram

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-12
Substation General Arrangement Plan

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-13
Substation Structural Elevation

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit A-14
Standard HVD Control House Electrical Layout

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

2534009

2534010

9-2

7-9

10-6

12-6

3-0

6-6
(TYP)

O
01082

O
01082

ADJUST 304-02 ALONG


SLOT IN CHANNEL IN
FIELD AS REQUIRED

304-03

2
-6

X1 BOLTS

10"

2-4

6
-0

7
-10

3
-0

10
-0

6-3

3-1

304-03

304-02

304-02

CABLE
RISER

L2X2X

304-02

C
L

6
-8

C3X4.1
304-01

304-03

14
-0

304-03

10
-0

14
-6

20
-0

304-02

O
06182

O
01082
(TYP)

O
05165

5
-6

(TYP)

SECTION C-C
(TYPICAL)
8
-6

4
6-6

14-0

6-8

A
3-0

29-2
C
L

20-0

S4X7.7
304-01

7-10

20-0

40-0

PLAN VIEW

PLX3

O
06182

O
05165

(TYP)

B
SECTION B-B

CEILING LINE

SWITCHBOARD PANEL

304-01

CABLE RISER

HOUSE FLOOR

5-1

6-8

7-5

2534007
20-0

B
SECTION A-A
(TYPICAL)

ASSY C T

S 2

3 4

20x40 CONTROL HOUSE

7
DATE

CONTROL HOUSE
CABLE TRAY SUPPORT LAYOUT
EXPANSION LEFT

DR.

CONTROL HOUSE ELECTRICAL LAYOUT

CK.
SECTION HEAD

STEEL DETAILS

APP.

ConsumersEnergy

SUBSTATION

DIVISION HEAD

CONTROL HOUSE BUILDING LAYOUT

DRAWING NO.

APP.

SCALE

SHEET

REV.

NONE

DEPARTMENT HEAD

DRAWING NO.

REFERENCE DRAWINGS

REV

DATE

DESCRIPTION

BY

APP

APP.

JOB

WO
RS #

JAH 05/06/10

S F

3 4

0 0

D
30-6

3-0

6-6

12

12

2
-6

2
CEILING LINE

10
-0

3
-0

10"

2-4

GABLE VENT

6
-0

6-3

SEE NOTE 9

3-1
EXHAUST FAN

1-0

SEE NOTE 15
PLAIN SIDE

C
L

INTERIOR
PARTITIONS
SEE NOTE 12
14
-0

14
-6

20
-0

INTERIOR
DOOR SEE
NOTE 13

13-4

10
-0

6-8

20-0

ELEV "E-E"

1-2

29-2

3-0
C
L

20-0

6-8
7-10

20-0

E
DESIGN SPECIFICATIONS

40-0

12

PLAN "A-A"

BUILDING TO BE DESIGNED FOR 20 PSF WIND LOAD AND 40 PSF

12

VERTICAL LIVE LOAD

GABLE VENT

MATERIAL SPECIFICATIONS

SEE NOTE 9
ADJUSTABLE RIDGE VENTILATOR

BUILDING TO BE FURNISHED WITH THE FOLLOWING:

ROOF PANELS

SEE NOTE 8

SEE NOTE 4
1. 16" WIDE PANELS WITH 3" RIBS.
3-0 x 7-0 DOOR
SEE NOTE 10

2. PAINTED, GALVANIZED METAL PANEL CEILING COLOR "WHITE".


3. INSULATED, PAINTED METAL INTERIOR LOCK-IN WALL LINER PANELS,
COLOR "WHITE".

4. ROOF PANELS TO BE MINIMUM 24 GAGE STEEL COATED ON BOTH


SIDES WITH CORROSION RESISTANT ALUMINUM ZINC ALLOY. (GALVALUMA)
5. 3" FRICTION FIBERGLASS INSULATION FOR EXTERIOR WALLS AND 6"
FRICTION FIBERGLASS INSULATION FOR CEILING.

3-0 x 7-0 DOOR


SEE NOTE 10

6. GUTTERS, DOWNSPOUTS, BOTTOM BOOTS AND RUNOFF EXTENSIONS


FOR EACH SIDE OF BUILDING.
2-6

3-0

14-6

7. ANCHOR BOLTS, " DIA. STD. DRILL IN TYPE OR EQUAL (BY CONSUMERS).
8. TWO (2) 4" THROAT X 10-0 LONG ADJUSTABLE RIDGE VENTILATORS
FIXED IN THE OPEN POSITION.

20-0

9. TWO (2) ADJUSTABLE LOUVERED GABLE VENTS OR EQUAL


(ONE IN EACH GABLE).
10.
THREE (3) 3-0 WIDE X 7-0 HIGH X 1" #20 GA MINIMUM

ELEV "D-D"
29-2

3-0

COMMERCIAL STANDARD CLEAR GLAZED OUTSWING EXTERIOR

7-10

METAL DOORS. ONE (1) DOOR TO BE RIGHT HAND HINGED


AND TWO (2) DOORS TO BE LEFT HAND HINGED AS OBSERVED

FROM THE OUTSIDE OF THE BUILDING. (SEE NOTE 16)

40-0

11. EXTERIOR DOOR TO BE FURNISHED WITH WEATHERSTRIPPING,

ELEV "B-B"

THRESHOLD AND RIM TYPE CROSSBAR PANIC DEVICE PER


ANSI A156.3 TYPE 1, GRADE 1, FUNCTION 05 AND HYDRAULIC
SURFACE APPLIED DOOR CLOSER WITH ADJUSTABLE SPRING
FORCE & HYDRAULIC BACK CHECK FOR DOORS TO MEET
ACCESSABILITY REQUIREMENTS.
12. APPROXIMATLY 20-0 OF NON-INSULATED INTERIOR PARTITIONS
INCLUDING BASE AND CEILING TRIM.

13. ONE (1) 2-4 WIDE X 7-0 HIGH X 1" #20 GA MINIMUM
COMMERCIAL, OUTSWING, INTERIOR METAL DOOR WITH
FIXED LOUVERS IN BOTTOM PANEL AND LEFT HAND
HINGES AS OBSERVED FROM PLAIN SIDE OF PARTITION.

3-0 x 7-0 DOOR

14. INTERIOR DOOR TO BE FURNISHED WITH PASSAGE SET

SEE NOTE 10

WITHOUT KEY, KNOB LOCKS AND THRESHOLD.

15. ONE (1) EXHAUST FAN RATED AT APPROX. 1000 CFM @ 0 STATIC PRESSURE
WITH 120V, 60 CYCLE, SINGLE PHASE MOTOR (GREENHECK SE1-10-440-D OR EQUAL)

SHIPPING NOTE

AND AUTOMATIC MOTOR OPERATED WEATHERPROOF LOUVERS. FAN TO BE LOCATED


IN WALL APPROX. 1-0 BELOW CEILING.

ALL MATERIAL SHALL BE PACKAGED SUCH THAT


DAMAGE IS MINIMIZED DURING LOADING,

16. SHOP PAINT: FOLLOWING COLORS OR EQUAL:


PARKLINE:

SHIPPING & UNLOADING OPERATIONS. DUE

EXTERIOR SIDEWALLS "LAUREL GREEN". DOORS

CONSIDERATION SHOULD BE GIVEN TO THE


6-6

30-6

3-0

"ROMAN BRONZE" AND TRIM "ARCTIC WHITE".

ADEQUACY OF THE PACKING MATERIAL AND

RELIABLE:

TECHNIQUE WHEN EXPOSED TO NATURAL ELEMENTS

EXTERIOR SIDEWALLS "MIST GREEN". DOORS


"TAN" AND TRIM "POLAR WHITE".

OVER AN EXTENDED PERIOD OF TIME

40-0

ELEV "C-C"
ASSY C

H 2

ITEM M68930

0 8

20X40 CONTROL HOUSE

DATE

CONTROL HOUSE
BUILDING LAYOUT
EXPANSION LEFT

DR.

CONTROL HOUSE ELECTRICAL LAYOUT

CK.
SECTION HEAD

CABLE TRAY SUPPORT LAYOUT

APP.

ConsumersEnergy

SUBSTATION

DIVISION HEAD

F200C718A

FOUNDATION DETAIL

APP.

SCALE

DRAWING NO.

1/4" = 1-0

SHEET

REV.

DEPARTMENT HEAD

DRAWING NO.

J - JAH

05-06-10

REFERENCE DRAWINGS

REV

DATE

DESCRIPTION

BY

APP

JOB

APP.

2534008

WO
RS #

S F 2

3 4

0 0

Exhibit B-2
Selected Portions of Substation
Transformer Specifications

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

Exhibit C
List of Owner Permits and Contractor Permits

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

EXHIBIT C
LIST OF OWNER PERMITS AND CONTRACTOR PERMITS
Item #

Level

Permitting Authority

Permit / Approval

Complete

Federal

FAA

Notice of Proposed
Construction or
Alteration, Form 7460-1

No

Federal

FAA

Notice of Actual
Construction or
Alteration, Form 7460-2

No

State

MDOT-Bureau of
Aeronautics

Tall Structures Permit

No

Local

Mason County
Building & Zoning

Airport Zoning Permits /


Variance

No

State

DNRE-WD

NPDES Storm Water


Permit: Notice of
Coverage

No

Federal

US Fish & Wildlife


Service

State

DNRE-Wildlife
Division

State/County/
Township

Michigan Department
of Agriculture (if
appropriate)

10

11

State

State/County

Threatened &
Endangered Species
Assessment
Threatened &
Endangered Species
Assessment
Farmland and Open
Space Preservation
Program

National Historic
Preservation Act of
Michigan State
1966, Section 106
Historic Preservation
Office (SHPO)
(Compliance only--not a
permit)

MDOT / Mason
County

Mason County Planning Commission

Status
In process.
Determination of No
Hazard (DNH) issued for
all turbine locations. To
be obtained for
meteorological towers.
Contractor responsible
for notifying Owner within
24 hours of when
construction on each
turbine/met tower
reaches its greatest
height so proper
documentation can be
submitted by Owner to
FAA.
In process. MAC
approval pending Mason
County Airport Zoning
Variances.
In process. Variance
applications submitted to
Mason County.
Not Initiated - NOC will
be submitted prior to
commencing
construction in
accordance with MDNRE
requirements.

Responsible Party
(2)

Owner

Owner

Owner

Owner

Owner

No

In process

Owner

No

In process

Owner

No

Not Initiated

Owner

Yes

Phase I Historical and


Archaeological review
conducted on project
area. Owner to perform
excavation observation
for historical/
archaeological artifacts.

Owner

Oversize/Overweight
Load Transport Permit

No

Not Initiated

Land Use Permit


Application/Site Plan
Review

Turbine Supplier or
Contractor as
appropriate for
situation (1)

No

Not Initiated

Owner

Page 1 of 3

FINAL

EXHIBIT C
LIST OF OWNER PERMITS AND CONTRACTOR PERMITS
Item #
12

Level

Permitting Authority

Mason County Building Department

13

State

MDNRE - LWMD

14

Mason County

Road Commission

15

Mason County

Road Commission

16

State

MDOT

17

Other

Utilities

18

Other

Utilities

19

Other

Utilities

20

County

Mason County
Building & Zoning

21

Other

TBD

Permit / Approval

Complete

Status

Responsible Party
(2)

Building Permits

No

Not Initiated

Owner

No

Not Initiated

Owner

No

Not Initiated

Contractor

Not Initiated

Owner (to the extent


applicable to public
roads and highways
inside the Project
Site excluding
Project Site
boundary roads) or
Contractor (to the
extent applicable to
public roads and
highways on or
outside Project Site
boundaries)

No

Not Initiated

Turbine Supplier or
Contractor as
appropriate for
situation (1)

No

Not Initiated

Contractor

No

Not Initiated

Contractor

No

Not Initiated

Contractor

No

Not Initiated

Owner

No

Not Initiated

Contractor

Part 301/303 Inland


Lakes and
Streams/Wetlands
Permit
Access Road
Construction/
Crossing

Road Use Agreement,


and any bonds or other
necessary
arrangements

State Trunkline Right-ofWay (1)


Permanent
Underground Gas Line
Crossings
Permanent
Underground Utility
Crossing by
Underground Cable
Temporary power
outages and utility drops
necessary for
construction
Soil Erosion &
Sedimentation Control
Permit
Necessary construction
licenses, construction
permits and waivers,
and occupational and
professional licenses,
necessary for
performance and timely
completion of the work,
not specifically provided
by Owner

Page 2 of 3

No

FINAL

EXHIBIT C
LIST OF OWNER PERMITS AND CONTRACTOR PERMITS
Item #

Level

Permitting Authority

22

State

Elevator / Service Lift


Department of Energy, Permits (including both
Elevator Installation
Labor & Economic
Permits and Certificates
Growth
of Operation)

23

Other

Utilities

Permit / Approval

OH Transmission Line
ROW Crossings

Complete

Status

Responsible Party
(2)

No

Not Initiated

Contractor

No

Not Initiated

Owner

Notes:
(1) Oversize/overweight load permits to be obtained prior to oversize load deliveries. To be obtained by the Contractor or Turbine
Supplier for vehicles under their responsibility.
(2) Contractor to supply design details as necessary for Owner to apply for and obtain permits in cases where Owner is listed as
responsible party.

Page 3 of 3

FINAL

Exhibit D
Interconnection Requirements

Lake WindsTM Energy Park Balance of Plant


Engineering, Procurement, and Construction Agreement
CONFIDENTIAL

FINAL

MICHIGAN ELECTRIC UTILITY


Generator Interconnection Requirements
Projects with
Aggregate Generator Output
Of 2 MW or More

INTRODUCTION
This Generator Interconnection Requirements document outlines the process,
requirements, and agreements used to install or modify generation projects with
aggregate generator output capacity ratings of 2 MW or more, and designed to operate
in parallel with the Utility electric system. Technical requirements (data, equipment,
relaying, telemetry, metering) are defined according to the size and type of generation,
location of the interconnection, and mode of operation (Flow-back or Non-Flow-back).
The process is designed to provide an expeditious interconnection to the Utility electric
system that is both safe and reliable. Interconnection requests desiring to connect to
the areas transmission system should be directed to the appropriate transmission
provider.
This document has been filed with the Michigan Public Service Commission (MPSC)
and complies with rules established for the interconnection of parallel generation to the
Utility electric system in the MPSC Order in Case No. U-13745.
The term Project will be used throughout this document to refer to a merchant plant
and other electric generating equipment and associated facilities that are not owned or
operated by an electric utility. The term Project Developer means a person that owns,
operates, or proposes to construct, own, or operate, a Project.
This document does not address other Project concerns such as environmental
permitting, local ordinances, or fuel supply. Nor does it address agreements that may
be required with the Utility and/or the transmission provider, or state or federal licensing,
to market the Projects energy. An interconnection request does not constitute a
request for transmission service.
It may be possible for the Utility to adjust requirements stated herein on a case-by-case
basis. The review necessary to support such adjustments, however, may be extensive
and interfere with study fees and the project schedule established by the MPSC and
addressed in these requirements. Therefore, if requested by the Project Developer,
adjustments to these requirements will only be considered if the Project Developer
agrees in advance to compensate the Utility for the added costs of the necessary
additional reviews and to also allow the Utility additional time for the additional reviews.
The Utility may apply for waiver from one or more provisions of these rules and the
MPSC may grant a waiver upon a showing of good cause.