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HomeMy WebLinkAboutDFM Car Sterio, Inc. 2006-02-02 � � - C�-t,�.- �� � ���� � � Effective Datc�. May 8,2003 CITY OF LIICIAH PHOTOVOLTAIC l;�rTERCO'vNECTION AGREEMENT FOR ENERGY METERIi�G FROI��1 SOLAl2 ELECTRIC GENERATING FACILITIES OF l MEGAWATT (1,000 KILOWATTS) OR LESS DECLARATIONS C��,�,1 �i�l(� �����s'�� ��t_,, ("Customer-Generator"), and the City of Ukiah, referred to collectively as "Parties" and individually as "Party", consistent with, and in ord�:r to effectuate, the provisions of Section 2827 if the California Public Utilities Code and the City of Ukiah's applicable electric rate schedules enter into this `'Photovoltaic Interconnection Ageeinent for Energy Metering From Solar Electric Generating Facilities of l Megav�-att (MW) or Less". This Agreement applies to the Customer- Generator's generating facilities identified below with the speci�ic characteristics and generating capacity, and does not allow interconnection or operation of facilities different than those described. Accordingly, the Parties agree as fc�llo��s: 1. DESCRIPTION OF CUSTOMER-GENERATOR'S SOLAR ELECTRIC GENERATII\'G FACILITY ("Facilit��"): 1.1 Project Identifieation Number: (Utility Log Number) 1.2 Interconne-cted Equipment: Table 1 - List of generating equipment interconnected with the City of Ukiah Electric Utility with an inverter (List the infonnation requested belo�°for all inverters intercorulected with the City of Ukiah Electric Utility's distribution system. If more than one generator shares the inverter, write, "shared" on the same line as that generator under the znanufacturer column and do not enter the inverter rating. Attach list of additional equipment if applicable.) ' Generator Manufacturer Inverter i�lodel : Inverter Rating (��atts) for Inverter used Number Rating (watts) with Generator i � � ��,�,��.,s S�s b� `��J (�po �a i.., � : ��', ����`� ' � ' � i S:\\RICKY�PV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 1 of 8 Table 2 - List of generating equipment interconnected with the City of Likiah Electric Utility ���ithout an in��erter (List the information reyuested belovv for all generators directly interconnected ��ithout an inverter to the City of Ukial1 Electric Utility's distribution system. Attach list of additional equipment if applicab]e.} PV Arrat� Rating: � kVJ. ].3 Site Address: 1.4 Facility will be ready for operation on or about (Date) I.5 Location of Cit�� of Ukiah Designated Switching: 1.6 Location of City �f T Tk;ah Customer Contact: 1.7 Operating Option Customer-Generator has elected to operate its solar-electric generating facility in parallel ti�ith the City of Ukiah's transmission and distribution facilities. The solar-electric generating facility is intended primarily� to offset part or all of the Customer-Generator's owm electric requirements. Customer-Generator shall noi commence operation of the Facilitv until the City of Ukiah Electric Utility has given written approval of the interconnection facility. 2. CJSTOMER BILLING AND PAYiVIENT OPTIONS Customer-Generator's electric rate schedule shall remain the same. Summer and winter times are the same as the current rate schedule definitions. Customer- Ge.nerator may (3t its option} pay an}r amount for electric utility charges monthly�, with the understanding that any and all pay�ments will be reconciled annually as set forth herein. At the end of e��ery twelve (12) month period following the date of final interconnection of the Customer-Generator's PV system, the Customer- �Generator's charges for any net-energy consumption as defined in the Customer- Generator's electric rate schedule. The Customer-Generator's total payments for S:1IRICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 2 of 8 the twelve (12) mc�nths will then be subtracted from the total charges. The Customer-Generator v��i11 then be billed for any balance due. 3. INTERRUPTION OI2 REDtiGTION OF DELI�'ERIES � 3.1 The Cit�-� of Ukiah shall not be obligated to aecept or pay for and may require Customer-Generator to interrupt or reduce deliveries of as-a��ailable energy: (a) w�hen necessar_y in order to construct, install, maintain, repair, replace, remove; investigate, or inspect any of its equipment or part of its system; or (b) if it determines that curtailment, inierruption, or reduction is necessar}� because of emergencies, forced outages, force majeure, or compliance vvith prudent electrical practices. 3.2 Whenever possible, the City of likiah shall give Customer- Generator reasonable notice of the possibility that interruption or reduction of deliveries may be required. 3.� Notwithstanding any other provisions of this Agreement, if at an5� time the City of Ukiah determines that either (a) the facility may endanger the City of Ukiah personnel, or (b) the continued operation of Customer-Generator's facility may endanger the integrity of the City of Ukiah's electric system, the City of C�kiah shall have the right to disconneet Customer-Generator' facility from the City of Ukiah's electrical system. Customer-Generator's Facility shall remain disconnected until such time as the City of Ukiah is satisfied that the condition(s) referenced in (a) or (b) of this Sectiol� 4.3 have been corrected. 4. �NTERCONNECTION 4.1 Ctistomer-Generator shall deli��er the as-available energy to the City of Ukiah at the utilit_y's meter. 4.2 Customer-Generator shall pay for designing, installing, operating, and maintaining the solar-electric generating facility in aecordance with all applicable lati-s and regulations and shall coinply with the City of L'kiah's Appendix A, which is attached hereto. 4.� The Cit�� of Ukiah shall furnish and install standard watt-hour meters. Customer-Generator shall provide and install meter sockets and related equipment. 4.4 Customer-Uenerator shall not commence paralle] operation of the generating faeility until written approval of the interconnection facilities has been given by the City- of likiah. Such approval shall not be unr�asonably w�ithheld. The City of tJkiah shall ha��e the right to have representatives present at the initial testing of Customer-Generator's protective apparatus. S:1IRICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 3 of 8 5, 1�iAI'�TENAICF A?�D PEIZ'�Z1TS Custonler-Generator shall: (aj maintain the solar-electric generating facilit� and interconnection facilities in a safe and prudent manner and in corlformance with all applicable la���s and regulations including. but not litnited to, the City of likiah's Appendi� �1, and �b) obtain any go��ernmental atrthorizations and permits required for the construction and operation of the solar-electric generating facilit}� and interconnection f�cilities. Customer-Generator shall reimburse the Cit}' of Ukiah for any and all losses, damages, claims, penalties, or liabilit�� it incurs as a result of Customer-Generator's failure to obtain or maintain any go��ernrnental authorization and permits required for construction and operation of Customer- Generator's generating facility. The City of Ukiah will have the right to inspect and test the automatic discorinect circuit on periodic basis to insure pr�per operation defined in Appendix A. 6. ACCESS TO PREMISES The City of Ukiah may enter Customer-Generator's premises: (a) to inspect at all reasonable hours Customer-Generator's protective devices and read or test meter; and (b) to disconnect, w�ithout notice, the interconnection facilities if, in the City of Ukiah's opinion, a hazardous condition e�ists and such immediate action is necessary to protect person's, or the City of Ukiah's facilities, or property of others from damage or interference caused bv Customer-Generator's solar-eleetric facilities, or lack of properl}� operating protective devices. 7. INDEM'�IT1' AND LIABILIT�' 7.1 The Customer-Generator shall protect and defend the� City against any elaim for mone�y made against the City�, if the claim is base�d on am� act or omission of the Customer-Generator in perfonning under this Agreement, regardless of whether the act or omission involves allegedly negligent or intentionally wrongful conduct, or if the claim results from the engineering, design, construction, maintenance, repair, improvement, replacement, operation, super�°ision, testing or ownership of the Customer-Generator's facilit��. Collectively, these activities will be referred to in this Agreement as "operation of the facility". The Customer-Generator w�ill protect the City and its officers, agents, employees, and contractors. This obligation applies to the acts or omissions of the Customer-Generator's officers, agents, employees, contractors, and volunteers. Iii addition the Customer-Generator shall pay any loss of expense incurred b�� the City caused by the operation of the Customer-Generator's facility. Under its obligation to defend the Citv, the Customer- Generator shall provide at its expense such attorneys, investi�ators, consultants, e�perts or other professionals as may be necessary to defend any such claim or demand and shall pay all expenses S:\1RICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 4 of 8 associated «�ith such defense, including am� expenses incurred b�� the City to assist or participate in such defense. If Customer- C'renerator fails to pro��ide competent r�presentation ���hen necessar}� to pre��ent any prejudice to ihe City�s interests, the Citv may retain such services and incur such ezpenses as may be reasonabl}'prudent io protect its interest and Customer-Generator shall pay any such expenses incurred by the City within 30 days of the date the City provides the Customer-Generator w�ith ��ritten notice of the expense and a demand for payment. In agreeing to indenlnify City under this paragraph 8.1, the Customer-Generator shall pay any settlement or judgment resulting from a claim, demand, and cause of action or suit covered by this paragraph. The Customer-Generator �>ill not bc required to protect the City against a claim that is based on the sole active negligence of the City or its officers, agents, employe�es, or contractors (other than the Custonler-Generator). The City will provide this same protection to the Customer- Generator for any claim based on the operation of the City's facilities, or the sole and active negligence of the City or its offieers, agents, employ�es or contractors (other than the Customer-Generator) in operating its facilities. This indemnification and hold harmless pro��ision of this Agreement shall remain in effect, even if the Agreement is otherwise tern�inated or fully perfonne.d. 7.2 Notwithstanding the indemnity of Section 8.l, and except for a Partti�'s w�illful misconduct or sole negligence, each Party shall be responsible for damages to its facilities resulting from ele-etrical disturbances or faults. 7.3 The provisioi�s of this Section 8 shall not be construed to relieve any insurer of its obligations to pay an�� insurance claims in accordance with the pro�-isions of an�� valid insurance policy. 7.4 Except as otherwise provided in Section 8.1, neither Party sha11 be liable to the other Party for consequential damages incurred by that Party. 7.5 If Custolner-Generator fails to comply ���ith the insurance pro��isions of this Agreemeni, if any, Customer-Generator shall, at its o��n cost, defend, save hannless and indemnify the City of Ukiah, its directors, officers, employees, agents, assignees, and successors in interest from and against any kind or nature (including attorney's fee and other costs of liti�ation) resulting form the death or injury to any person or damage to any property, including tl�e persoiulel property of the Cit}' of Ukiah, to the extent that the City of Ukiah would have been protected Ilad Customer- Generator cornplied w�ith all stich insurancE provisions. The inclusion of this Section 8.5 is not intended to create any express or implied right in Customer-Generator to elect not to provide any such required insurance. S:1IRICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page5of8 x. i��st�Ra��cr 8.1 To the extent that Custorner-Generator l��as el_in-entiv in force all risk properiy insurance and comprehensi�-e personal liability insurance, Customer-Generator agrees that it will inaintain such insurance in force for the duration of this Agreement in no less amounts than those currentiv in effect. The Citv of Ukiah shall have the right to inspect or obtain a copy of the original policy or polieies of insurance prior to commencing operation. 8.2 Customer-Generator shall meet the standards and rules set forth in Appendix A, ha��e the appropriate liabilit5- insurance required in Section 9.1 and shall not b� required to purchase any additional liability insurance. 8.3 Such insurance required in Section 9.1 shall, by end�rsement to the policy or policies, provide for thirty (30) calendar days written notice to the utility prior to cancellation, tennination, alteration, or material change of such insurance. 9. GOVERNING LAW This A�reement shall be interpreted, �overned, anc� construed under the laws of the State of California as if executed and to be performed wholly within the State of California. 10. AMENDMENT, MODIFICATIONS OR VVAIVER Any amendment or modifications to the Agreement shall be in ���riting and agreed to by both Parties. The failure of any Party at any time or times to require perfornlance of an} pro��ision hereof shall in no lnanner affect the right at a later time to enforce the same. No «�ai�°er by any party of the breach of any term of covenant contained in this Agreement, Whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of anv other term or covenant unless such waiver is in ��riting. 11. APPENDIX T�his Agreement includes the following appendix, which is attached and incorporated by reference: Append'sx A: City of likiah's Phoiovoltaic Interconnection Standards for Solar Electric Generating Facilities of 1 MW or Less S:1\RICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 6 of 8 12. i�OTICES All written notices shail be directed as follow�s: Citv of Ukiah Public Utilities De�artment 300 Seminary Avenue Uk�ah, Califomia 95482 Customer-Generator's n�tice to the City of Ukiah pursuant to this Section 13 shall refer to the Project Identifcation Number set forth in Section 11. 13. TERM OF AGREEMENT This Agreement shall be in effect when signed by the Customer-Generator and the City of Ukiah and shall remain in effect thereafter month-to-month unless terminated by either Party on thirty (30) days' prior w7itten notice in accordance with Section 13. 14. SIGNATURES I?� WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their dul}� authorized representatives. Tl�is Agreement is effecti�°e as of the last date set forth below. (Customer-Generato City of Ukiah � � �_ � . Bti:= � � B}�� Name: Name:�u.�-�z_ �� L" (��.�� ���,..'�Z��cS�:r: Title:�cZ�-tzt���/ Title: � Date:�2..- �Z�o�, Date:,�- -' �2.z-t, S:1\RICKYIPV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 7 of 8 APPENDIX A PHOTOVOLTAIC INTERCONNECTIO'.v STANDARDS FOR RESIDENTIAL SOLAR ELECTRIC GENERA'I70N FACILITIES OF 10 KW OR LESS .A. General This Appendix sets forth the requirements and conditions for interconnected non-utility� owned, solar-electric generation where such generation may be connected for parallel operation with service of the Utility. For purpose of this Appendix, the interconnecting entity shall be designated Customer-Generator. B. Design Re.quirements I. C'ustomer-Generator shall conform to applicable National Electric Code (NEC) Standards (I�,rEC 690) and applicable building codes. 2. Customer-Generator shall have a dedicated circuit from the inverte�r to service panel with a circuit breaker or fuse (I�rEC 690- 64(B)(1)). 3. Customer-Generator's over-current device at the service� panel shall be marked to indicate photovoltaic power source (NEC 690- 64(B)(4)). 4. The Customer-Generator's inverter sllall have the follo��ing minimum specifications for parallel operation with the Utilit}�: a. Inverter output shall automatically disconnect from Utility source upon loss of Utility voltage and not reconnect until Utilitv �-oltage }las been restored by the Utility (NFC 690-61). � b. Inverter shall automatically disconnect fi•om the Utility source within two cycles if Utility voltage fluctuates beyond 10% plus or minus. c. Inverter shall automatically disconnect from the Utilitti� source within three cycles if the Utilit�� frequency fluctuates one (1) cycle� plus or minus. d. In��erter output distortion shall meet IEEE S l 9 standards. S:1IRICKI'�PV BUY DOWNIINTERCONNECTION AGREEMENT.DOC Page 8 of 8