HomeMy WebLinkAboutCostco Wholesale Corporation 2020-07-21DocuSign Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
Co L- !ND . i I q
1297 Ukiah
CITY OF UKIAH
Photovoltaic Interconnection Agreement
For Solar Electric Generating Facilities
Between Costco Wholesale and The Citv Of Ukiah
DECLARATIONS
_Costco Wholesale_ ("Customer -Generator"), a retail for profit operation in good standing [e.g.,
California for-profit corporation in good standing] and the City of Ukiah ("City"), referred to collectively as
"Parties" and individually as "Party, consistent with, and in order 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 Agreement for Net Energy Metering From Solar Electric
Generating Facilities rated greater than 20 KW. This Agreement applies to the Customer -Generator's
generating facilities identified below with the specific characteristics and generating capacity, and does
not allow interconnection or operation of facilities different than those described. Accordingly, the Parties
agree as follows:
1. Customer contact Information:
Customer Name: Costco Wholesale . Electric Account No: 1190164
Contact Person: Shay Reed , Phone No.425-313-6935
Email: sreed@costco.com or energy@costco.com, Cell No. _425-313-6935
Mailing Address: _999 Lake Drive
_Issaquah, Wa 98027
2. DESCRIPTION OF CUSTOMER -GENERATOR'S SOLAR ELECTRIC GENERATING FACILITY (Facility"):
A. Site Location Address: 1275 Airport Park Blvd
Ukiah, CA 95482
B. Interconnected Equipment:
Refer to Attachment A and complete Tables A, B & C.
C. Estimated date facility will be ready for operation: _02/26/2020
(Date)
D. Operation: Customer -Generator has elected to operate its solar -electric generating
facility in parallel with the City of Ukiah's distribution facilities. The solar -electric
generating facility is intended primarily to offset part or all of the Customer -Generator's
own electric requirements.
DocuSiyn Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
E. Customer -Generator shall not commence operation of the Facility until the City of Ukiah
Electric Utility has given written approval of the interconnection facility.
2. CUSTOMER BILLING AND PAYMENT OPTIONS
Rate Schedule: Customer -Generator's electric rate schedule shall be based on the Customer -
Generator's usage without generation. Summer and winter schedule are the same as the current
rate schedule definitions.
Monthly Billing:
Non -Energy Related Charges: Charges for other than electric energy usage (KWh) must,
at City's discretion, be paid monthly or, due to billing system limitations, can be waived
and reconciled as part of the Annual True Up calculations. Power generated by the
Customer -Generator does not offset non -energy charges (Demand Charge (kW),
Minimum Charge, Basic Charge, Taxes, Street Lights).
Energy Charges (kWh): Net energy is calculated by subtracting the total energy generated
from the total energy used. Monthly net energy cost or credit is calculated by multiplying
the net energy by the applicable rate schedule. Monthly net energy cost or credit is
carried forward. Customer -Generator may (at its option) pay any amount for electric
utility KWh charges monthly, with the understanding that any and all payments will be
reconciled as part of the Annual True Up calculations.
Annual True Up: At the end of every twelve (12) month period following the date of final
interconnection of the Customer -Generator's PV system, and annually thereafter, the City will
total the non -energy related costs, payments made and the Net Energy Value. A True Up invoice
will be issued.
Net Energy Value
Net Energy Consumed: If the City determines at the end of each twelve (12) month
period that the Customer produced less power than they consumed during the twelve
(12) month period, the Customer shall be considered a net consumer. The City will
calculate the value of net usage in accordance with the applicable electric rate schedule.
Net Surplus Generation: If the City determines at the end of the twelve (12) month
period that a Customer -Generator produced more power than the Customer consumed,
the Customer is considered a net generator. The City will calculate the amount of net
surplus power generated and provide a monetary payment to the Customer -Generator
for the Customer's surplus power. The monetary value per kWh of net surplus generation
shall be based on the 12 month average value of the applicable day ahead hour pricing
for non-firm energy.
3. INTERRUPTION OR REDUCTION OF DELIVERIES
A. The City of Ukiah shall not be obligated to accept or pay for and may require Customer -
Generator to interrupt or reduce deliveries of as -available energy: (a) when necessary in
DocuSign Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
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, interruption,
or reduction is necessary because of emergencies, forced outages, force majeure, or
compliance with prudent electrical practices, or system operation.
B. Whenever possible, the City of Ukiah shall give Customer -Generator 72 hour notice of the
possibility that interruption or reduction of deliveries may be required.
C. Notwithstanding any other provisions of the Agreement, if at any 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 Ukiah shall have the right to disconnect
Customer -Generator's 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 Section 3.0 have been
corrected.
4. 0 INTERCONNECTION
A. Customer -Generator shall deliver the as -available energy to the City of Ukiah at the
utility's solar bi-directional watt-hour meter.
B. Customer -Generator shall pay for designing, installing, operating, and maintaining the
solar -electric generating facility in accordance with all applicable laws and regulations and
shall comply with the City of Ukiah's Solar interconnection guide, Attachment B, which is
attached hereto.
C. The City of Ukiah shall furnish and install standard watt-hour and bi-directional watt-hour
meters. Customer -Generator shall provide and install related equipment to maintain,
operate and monitor the solar installation per city standards, including disconnects,
metering cabinets, telemetry cabinets and cabinet power.
D. The solar -electric generating facility shall have the capability of adjusting the Power
Factor from 0.9 lagging to 0.9 leading.
E. The power factor of the solar generator shall be adjusted to maintain a site power factor
("PF") between unity (PF=1) and the load PF (lagging) measured at peak load. Site power
factor is defined as the resulting PF of the combination of load and generation operating
in parallel.
F. Customer -Generator shall not commence parallel operation of the generating facility until
written approval of the interconnection facilities has been given by the City of Ukiah. Such
approval shall not be unreasonably withheld. The City of Ukiah shall have the right to
have representatives present at the initial testing of Customer -Generator's protective
equipment.
5. MAINTENANCE AND PERMITS
Customer -Generator shall: (a) maintain the solar -electric generating facility and interconnection
facilities in a safe and prudent manner and in conformance with all applicable laws and
regulations including, but not limited to, the City of Ukiah's Attachment B, and (b) obtain any
governmental authorization and permits required for the construction and operation of the
solar -electric generating facility and interconnection facilities. Customer -Generator shall
reimburse the City of Ukiah for any and all losses, damages, claims, penalties, or liability it incurs
as a result of Customer -Generator's failure to obtain or maintain any governmental
. I
DocuSign Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
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
disconnect circuit on periodic basis to insure proper operation defined in Attachment B.
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,
without notice, the interconnection facilities if, in the City of Ukiah's opinion, a hazardous
condition exists 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 by Customer -
Generator's solar -electric facilities, or lack of properly operating protective devices.
7. INDEMNITY AND LIABILITY
A. The Customer -Generator shall protect and defend the City against any claim for money
made against the City, if the claim is based on any act or omission of the Customer -
Generator in performing under this Agreement, regardless of whether the act or omission
of the Customer -Generator involve allegedly negligent or intentionally wrongful conduct,
or of whether the claim results from the engineering, design, construction, maintenance,
repair, improvement, replacement, operation, supervision, testing or ownership of the
Customer -Generator's facility. Collectively, these activities will be referred to in this
Agreement as "operation of the facility". The Customer -Generator obligation to
indemnify the City includes the indemnification of the City and its officers, agents,
employees, and contractors. This obligation to indemnify the City applies to the acts or
omissions of the Customer -Generator and its officers, agents, employees, contractors,
and volunteers. In addition, the Customer -Generator shall pay any Toss or expense
incurred by the City caused by the operation of the Customer -Generator's facility.
Under its obligation to defend the City, the Customer -Generator shall provide at
its expense such attorneys, investigators, consultants, experts or other professionals as
may be necessary to defend any such claim or demand and shall pay all expenses
associated with such defense, including any expenses incurred by the City to assist or
participate in such defense. If Customer -Generator fails to provide competent
representation when necessary to prevent any prejudice to the City's interests, the City
may retain such services and incur such expenses as may be reasonably prudent to
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 with written
notice of the expense and a demand for payment.
In agreeing to indemnify City under this paragraph 7.A, the Customer -Generator
shall pay any settlement or judgment resulting from a claim, demand, cause of action or
suit covered by said paragraph. The Customer -Generator will not be required to protect
the City against a claim that is based on the sole active negligence or wilfull misconduct
of the City or its officers, agents, employees, or contractors (other than the Customer -
Generator).
The City will provide this same protection to the Customer -Generator for any
claim caused by the sole and active negligence of the City or its officers, agents,
employees or contractors (other than the Customer -Generator) in operating its facilities.
. ; DocuSign Envelope ID: 571 F6521-05CF-44DC-B61 C -F91 C1 F4DCB7A
This indemnification and hold harmless provision of this Agreement shall remain
in effect, even if the Agreement is otherwise terminated or fully performed.
B. Notwithstanding the indemnity of Section 7.A and except for a Party's willful misconduct
or sole negligence, each Party shall be responsible for damages to its facilities resulting
from electrical disturbances or faults.
C. The provisions of this Section 7 shall not be construed to relieve any insurer of its
obligations to pay any insurance claims in accordance with the provisions of any valid
insurance policy.
D. Except as otherwise provided in Section 7.A, neither Party shall be liable to the other Party
for consequential damages incurred by that Party.
8. INSURANCE
Customer -Generator shall procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the operation of the facility. Customer -Generator at its sole discretion, may meet the
insurance requirement in Section 8.A with commercial insurance, self-insurance or a combination
of both. Customer -Generator shall provide evidence of the insurance required in Section 8.A with
a Certificate of Insurance, naming the City of Ukiah as an Additional Insured on the Commercial
General Liability policy.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
(a) Insurance Services Office Commercial Liability Coverage (occurrence form CG
0001).
(b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
(c) Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(d) Course of Construction insurance covering for "all risks" of loss.
B. Minimum Limits of Insurance
Customer -Generator shall maintain limits no less than:
(a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage including operations, products and
completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
. ; DocuSign Envelope ID: 571 F6521-05CF-44DC-B61 C -F91 C1 F4DCB7A
(b) Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
(c) Employer's Liability: $1,000,000 per accident for bodily injury and property
damage.
(D) Course of Construction: Completed value of the project with no co-insurance
penalty provisions.
C. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Contractor shall provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
(a) The City, its officers, officials, employees and volunteers are to be covered as
Additional Insured with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Customer -Generator; and with
respect to liability arising out of work or operations performed by or on behalf of
Customer -Generator including materials, parts or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to Customer -Generator's insurance, or as a
separate owner's policy.
(b) The workers' compensation policy is to be endorsed with a waiver of subrogation.
The insurance company, in its endorsement, agrees to waive all rights of
subrogation against the City, its officers, officials, employees and volunteers for
losses paid under the terms of this policy which arises from the work performed by
the named insured for the City.
(c) For any claims related to this project, Customer -Generator's insurance coverage
shall be primary insurance as respects the City, its officers, officials, employees or
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of Customer -Generator's
insurance and shall not contribute with it.
(d) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City.
. DocuSi-3n Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
(e) Coverage shall not extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(f) Course of Construction policies shall contain the following provisions:
i.) The City shall be named as loss payee.
ii.) The insurer shall waive all rights of subrogation against the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
the following:
A++ VII
A+ VII
A VII
A- VIII
B++ X
B+ X
F. Verification of Coverage. Customer -Generator shall furnish the City with original
certificates and amendatory endorsements effecting coverage required by this clause. The
endorsements shall be on forms provided by the City or on other than the City's forms,
provided those endorsements or policies conform to the requirements. All certificates and
endorsements are to be received within 15 days from execution of this Agreement by the
Parties or, when applied to a contractor under Section 8.e, from written notice of contract
award and the work shall not commence until the certificates and endorsements have been
approved by the City or Customer -Generator, as applicable. The City reserves the right to
require complete certified copies of all required insurance policies, including endorsements
affecting the coverage required by Section 8.d or 8.e at any time.
e. Customer -Generator and City shall require all contractors performing work under Sections 2-4
to comply with the indemnification and insurance requirements in Sections 8.c and 8.d,
substituting "Contractor" for Customer -Generator, where Customer -Generator is addressed
therein and to name both Customer -Generator and City as additional insureds under said insurance
policies. If contractors provide indemnification and insurance in compliance with this Section 8.e
that will satisfy the obligation of City and Customer -Generator to provide insurance for the work
performed by said contractors.
9. GOVERNING LAW
This Agreement shall be interpreted, governed, and construed under the laws of the State of
California as if executed and to be performed wholly within the State of California.
10. AMENDMENT. MODIFICATIOS OR WAIVER
Any amendment or modifications to the Agreement shall be in writing and agreed to by both
Parties. The failure of any Party at any time or times to require performance of any provision
hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any
party of the breach of any term of covenant contained in this Agreement, whether by conduct
DocuSign Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
or otherwise, shall be deemed to be construed as a further or continuing waiver of any such
breach or a waiver of breach of any other term or covenant unless such waiver is in writing.
11. Attachments
This Agreement includes the following attachments which are attached and incorporated by
reference:
Attachment A: Solar specific information forms
Attachment B: City of Ukiah's Photovoltaic Interconnection Standards.
12. NOTICES
All notices, communications and waivers under this Agreement shall be in writing and shall be
delivered (a) in person, (b) mailed, postage prepaid, either by registered or certified mail, return
receipt requested, or (c) sent by reputable overnight express courier, or (d) sent via email, in
each case to the persons at the addresses below, or to any other address that the receiving Party
designates in writing:
City of Ukiah
Electric Utility Department
411 W. Clay
Ukiah, CA 95482
Email:
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 written notice in accordance with Section 12.
14. REQUIRED DOCUMENTS
The following completed documents must be submitted to the City of Ukiah Electric Utility:
- Three signed copies of this interconnection agreement.
Application for commercial solar utility service.
- W-9 Internal Revenue Service form (if a commercial installation)
11" X 17" plot plan
- PV system design and electrical one -line drawing
DocuSgn Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
15. SIGNATURES
This Agreement may be executed in more than one counterpart, each of which shall be deemed
an original, and all of which together shall constitute one and the same instrument. Facsimile or
other electronically transmitted signatures on this Agreement shall constitute originals signatures
of the parties
WHEREFORE, the Parties have executed the Agreement below. This Agreement is effective as of
the last date set forth below.
(Customer -Generator)
DoeuSigned by:
C
By: "^""I I
EC77F470E6174E2...
Name:
Shay Reed
Title: ENERGY BUYER
6/30/2020
Date:
cc: Ron van Zuylen
City of Ukiah
By:
Name: &t 6,144Vv-0440
Title: 11,1 ) 41A44. (
Date:
a•-ai
—Lc — )4>
DocuSign Envelope ID: 571F6521-05CF-44DC-B61C-F91C1F4DCB7A
Appendix A
The information requested below is to document the system rating by array/inverter configuration (Table
1), Inverter types, sizes etc interconnected with the City of Ukiah Electric Utility's distribution system
(Table 2) and PV panel Data (Table 3). Attach additional sheets if necessary
Table 1: PV System System Rating
* Array/Inverter
Configuration
** Count of
Configurations
Total AC
KVA
Voltage (AC)
Total DC
kW
Voltage (DC)
A
(12 Strings
per Inverter)
6 Inverters
396
480V
486.0kW
911.2
B
(11 Strings
Per Inverter)
3 Inverters
198
480V
222.75kW
911.2
TOTAL
9 Inverters
594kVA (MAX)
480V
708.75kWDC
911.2 (MAX)
* List each separate size array/inverter system configurations.
** List the count of same Array/Inverter configurations.
Note: Total KVA (AC & DC): List the KVA sum for each configuration listed.
Table 2: Inverter Data
Inverter Type
Number of
Inverters
Manufacture
Model No.
Rating (AC Watts)
Type
(Micro/String)
1
9
CPS
SCA6OKTL-
DO/US-480
60,000
String
Table 3: PV Panel Data
Panel Type
Number of PV
Panels
Manufacture
Model No.
Panel Rating
(DC Watts)
Voltage DC
1
1890
REC Group
REC375TP2SM72
375
40.1