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HomeMy WebLinkAbout001140 Original ContractCity of Port Angeles Record # 001140 NET ENERGY METERING CONNECTION AGREEMENT for CUSTOMER FUEL CELL, SOLAR, WIND, or HYDROPOWER ELECTRIC GENERATING FACILITIES of 100 KILOWATTS or LESS This Net Energy Metering Connection Agreement is executed in duplicate this 28th day of September 20 16 between Thomas Breecher (hereinafter referred to as "Customer"), and the City of Port Angeles Department of Public Works and Utilities (hereinafter referred to as the City). Both parties, who may be herein further referred to collectively as "Parties" and individually as "Party", agree as follows: 1. CUSTOMER ELECTRIC GENERATING FACILITY 1.1 Customer has elected, in accordance with RCW 80.60 et seq., to operate either a net energy metering fuel cell, solar, wind or hydropower electric generating facility, with a generating capacity of not more than one hundred kilowatts, in parallel with the City's transmission and distribution facilities. This generating facility is intended to offset either part or all of the Customer's electrical requirements. 1.2 Customer's Application for Net Metered Electrical Generation, including the location of the electrical generating installation and details on the electrical generating unit(s) is hereby incorporated into this agreement as Appendix A. 1.3 The installation is identified by the City with the following designators: Transformer No. 38 -AS -02 , on feeder/phase A1202/A , Customer Utility Location No. 96580 1.4 A separate agreement shall be entered into for each Customer's electrical service location(s). 1.5 The electrical generating system used by the Customer shall be located on the Customer's premises. It shall include all equipment necessary to meet applicable safety, power quality, and connection requirements established by the National Electrical Code (Articles 690 and 705), National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and the City's Connection Standards, as set forth in Appendix B, which is attached hereto. 1.6 The City shall have the sole authority to determine which connection requirements set forth herein are applicable to Customer's proposed installation. 2. PAYMENT FOR NET ENERGY 2.1 The City shall measure the net electricity produced or consumed by the Customer during each billing period, in accordance with normal metering practices. PW 1201-01 Net Metering Agreement. DOC I of 6 3/28/01 2.2 If the electricity supplied by the City exceeds the electricity generated by the Customer and fed back to the City during the billing period, or any portion thereof, then the Customer shall be billed for the net electricity supplied by the City together with the appropriate customer charge paid by other customers of the City in the same rate class. 2.3 If the electricity generated by the Customer and distributed back to the City during the billing period, or any portion thereof, exceeds the electricity supplied by the City, then the Customer shall be: (a) billed for the appropriate customer service charge as other customers of the City in the same rate class; and (b) credited for the net excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on Customer's bill for the following billing period. 2.4 At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated by the Customer during the previous year shall be granted to the City without any compensation to the Customer. 2.5 Customer shall pay any amount owing for electric service provided by the City in accordance with applicable rates and policies. Nothing in this Section 2 shall limit City's rights under applicable Rate Schedules, Customer Service Policies, and General Provisions. 3. INTERRUPTION OR REDUCTION OF DELIVERIES 3.1 The City may require Customer to interrupt or reduce deliveries as follows: (a) when necessary 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, interruption, or reduction is necessary because of emergencies, force or compliance with prudent electrical practices. 3.2 Whenever possible, the City shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required. 3.3 Notwithstanding any other provision of this Agreement, if at any time the City determines that either: (a) the facility may endanger City personnel, or (b) the continued operation of Customer's facility may endanger the integrity of the City's electric system, The City shall have the right to disconnect Customer's facility from the City's electric system. Customer's facility shall remain disconnected until such time as the City is satisfied that the condition(s) referenced in (a) or (b) of this section 3.3 have been corrected. 4. CONNECTION 4.1 Customer shall deliver the excess energy to the City at the City's meter. PW 1201-01 Net Metering Agreernent.DOC 2 of 6 3/28/01 4.2 Customer shall pay for designing, installing, inspecting, operating, and maintaining the electric generating facility in accordance with all applicable laws and regulations and shall comply with the City's Connection Standards set forth in Appendix B, which is attached hereto. 4.3 Customer shall pay for the City's standard watt-hour meter electrical hook-up, if not already present. 4.4 Customer shall not commence parallel operation of the generating facility until written approval of the connection facilities has been given by the City. Such approval shall not be unreasonably withheld. The City shall have the right to have representatives present at the initial testing of Customer's protective apparatus. 5. MAINTENANCE AND PERMITS 5.1 Customer shall: (a) maintain the electric generating facility and connection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, the City's Connection Standards, Appendix B, and (b) obtain any governmental authorizations and permits required for the construction and operation of the electric generating facility and connection facilities, including electrical permit(s). 5.2 Customer shall reimburse the City for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Customer's generating facility or failure to maintain Customer's facility as required in (a) of this Section 5. 6. ACCESS TO PREMISES 6.1 The City may enter Customer's premises or property to: (a) inspect, with prior notice, at all reasonable hours, Customer's protective devices; (b) read meter; and (c) disconnect at the City's meter or transformer, without notice, the connection facilities if, in the City's opinion, a hazardous condition exists and such immediate action is necessary to protect persons, or the City's facilities, or property of others from damage or interference caused by Customer's electric generating facilities, or lack of properly operating protective devices or inability to inspect the same. 7. INDEMNITY AND LIABILITY 7.1 The Customer assumes the risk of all damages, loss, cost and expense and agrees to indemnify the City, its successors and assigns, and its respective directors, officers, employees and agents, from and against any and all claims, losses, costs, liabilities, PW1201-01 Net Metering Agreement.DOC 3 of 6 3/28/01 damages and expenses including, but not limited to, reasonable attorney fees, resulting from or in connection with performance of the agreement or which may occur or be sustained by the City on account of any claim or action brought against the City for any reason including but not limited to loss to the electrical system of the Customer, caused by or arising out of an electrical disturbance. 7.2 Such indemnity, protection, and hold harmless includes any demand, claim, suit or judgement for damages, death or bodily injury to all persons, including officers, employees or agents, and subcontractors of either Party hereto including payment made under or in connection with any Worker's Compensation Law or under any plan for employees' disability and death benefits or property loss which may be caused or contributed to by the connection, maintenance, operation, use, presence, or removal of Customer's equipment. The only exception will be liability occasioned by the sole negligence or willful misconduct of the City or its employees acting within the scope of their employment and liability occasioned by a partial negligence of the City or its employees acting within the scope of their employment to the extent that such partial liability is fixed by a court of competent jurisdiction. 7.3 The provisions of 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 insurance policy. 7.4 The City shall have no liability, ownership interest, control or responsibility for the Customer's Electric Generating Facility or its connection with the City's electric system, regardless of what the City knows or should know about the Customer's Electric Generating Facility or its connection. 7.5 Customer recognizes that it is waiving immunity under Washington Industrial Insurance law, Title 51 RCW, and further agrees that this indemnification clause has been mutually negotiated. This indemnification shall extend to and include attorney's fees and the costs of establishing the right of indemnification hereunder in favor of the City. 8. INSURANCE 8.1 Customer shall maintain, during the term of this Agreement, Comprehensive Personal Liability Insurance with a combined single limit in an amount equivalent to the industry standard for this type of insurance. 8.2 Such insurance shall, by endorsement to the policy or policies, provide for thirty (30) calendar days written notice to the City prior to cancellation, termination, attention, or material change of such insurance. 8.3 The City shall have the right to inspect or obtain a copy of the original policy or policies of insurance. 9. INDEPENDENT CONTRACTORS 9.1 The Parties hereto are independent contractors and shall not be deemed to be partners, joint venturers, employees, franchisees or franchisers, servants or agents of each other for any purpose whatsoever under or in connection with this Agreement. PW 120 1 -01 Net Metering Agreement.DOC 4 of 6 3/28/01 10. GOVERNING LAW 10.1 This Agreement shall be interpreted, governed, and constructed under the laws of the State of Washington as if executed and to be performed wholly within the State of Washington. Venue of any action arising hereunder or related to this agreement shall lie in Clallam County, Washington. 11. AMENDMENTS, MODIFICATIONS OR WAIVER 11.1 Any amendments or modifications to this 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 or 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 waiver of the breach of any other term or covenant unless such waiver is in writing. 12. APPENDICES The Agreement includes the following appendices attached and incorporated by reference: Appendix A: Customer's Application for Net Metered Electrical Generation to City of Port Angeles. Appendix B: City's Connection Standards for Customer Electric Generating Facilities of 100 Kilowatts or Less. 13. NOTICES All written notices shall be directed as follows: City of Port Angeles: Electrical Engineering Manager 321 East 5`h Street P.O. Box 1150 Port Angeles, WA 98362 Customer: Thomas Breecher Name 1219 W 12th St. Address Port Angeles, WA 98362 City, State & Zip PW1201-01 Net Metering Agreernent.DOC 5 of 6 3/28/01 Customer notices to the City, pursuant to this Section 13, shall refer to the Service Address set forth in Appendix A. 14. TERM OF AGREEMENT This Agreement shall be in effect when signed by the Customer and the City 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 13. 15. SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below: 14=1y1C6lu1111A L-; At Signature 40 'VI I/1 l,P Print name d akaLi kV Title g- 1 Date CITY OF PORT ANGELES: Signature Shailesh Shere Print name Asst. Director of Power Systems Title 09/28/2016 Date PW1201-01 Net Metering Agreement.DOC 6 of 6 3/28/01 pOPTg4 f APPENDIX A Application for Net Metered Electrical Generation Thank you for your interest in establishing a renewable energy or fuel cell connection with City of Port Angeles, Electric Utility. Please note generation systems must meet certain requirements to be considered. • The project must be not more than 100 kilowatts (kW) in size. • Generation must be fueled by solar, wind, hydropower, or be a fuel cell. • Owner provides power conditioning, connection, and safety equipment. • Projects will be considered on a first come first served basis. Please complete Customer and Installer Information and the appropriate section for the type of generation proposed to be installed. In addition, include a one -line diagram and description of protection equipment. Please allow at least ten working days for processing your application. Questions may be directed to Electrical Engineering Manager, at telephone number (360) 417-4702. Customer Information Owner Name: Thomas Breecher Mailing Address: 1219 W 12th St. City, State & Zip: Port Angeles, WA 98363 Email Address: breecher@comcast.net Service Address: (If different than Mailing Address) Daytime Telephone: (708) 502-3560 Electric Utility Account No.: Expected System Operational Date. TBD Installer Information (If different from Customer Information) Installer Name: Smart Energy Today Mailing Address: 1001 Cooper Point rd SW Ste 140-290 City, State & Zip: Olympia Wa, 98502 Email Address: Andrew.E@smartenergytoday.net Daytime Telephone: 360-339-6660 PW1201_02 [Revised 01/2016] 1 of 2 Photovoltaic Solar System Information PV Module Manufacturer: ltek Energy PV Module Model Number: IT280 PV Power Rating per Module: 280 Inverter Manufacturer: Blue Frog solar Inverter Model Number: APs YC50OA-MIW DC Watts Number of Modules: 16 Total Output: 4480 DC Watts Inverter's Power Rating (kW): o •5 k41 A� (AC continuous) Describe the protection equipment to be used and the physical location of the installation: Microinverters contain Auto -shutdown Installation Cost Information Estimated cost of installation: 17,600.00 Drawings Attached:� one line � manufacturers literature ❑✓ design drawings PW1201_02 [Revised 01/2016] 2 of 2 H310V AV8 09S£-ZOS (SOL) NV1d 3DS 4 e p o l 4 6 A ra u a au6isapwa)s!S W31SAS AddO1d0021MNS64 £9£S6 VM'S3130NV 180d 133215H1ZLM6LZL 9mcle 'ViVII 11 "1 'VIVOONIOlin9 �X3ONI ' NOSVW NVA3 ws 83H03388 VINI`JHIA V SVWOHI 133HS 'S310N 1VH3NAE) )ue)lnsuo3 /6jau3 Spe)a4 laafad olid lawo)snc) ale(] 6uimej4 3aa4S Or 2 LU w U K N pO > N _ UUina 2i U Q w F Q S W W W W>Z -i Z Z> z O Z mU.-ZO ILLI OFN Ov'U O U) U ZN < U = M pOJ Q Y o� W C7 `� LLJ ? 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"a` = a ry w y Yzl 4. ,OF P0214R,,C�! �APPENDIX B CONNECTION STANDARDS for CUSTOMER ELECTRIC GENERATING FACILITIES of not more than 100 KILOWATTS A. General This Appendix sets forth the requirements and conditions for interconnected non -utility - owned electric generation where such generation may be connected for parallel operation with the service of City of Port Angeles Electric Utility (the "City"). For purposes of this Appendix, the interconnecting entity shall be designated "Customer". B. Connection Requirements 1. Customer shall conform to all applicable National Electric Code (NEC) requirements [NEC Articles 690 and 7051 and building codes, and shall obtain electrical permit(s) for the equipment installation. 2. Customer shall have a dedicated lockable disconnect device between sources of alternating -current, (i.e. between inverter(s) or other power conditioning unit(s)) and the City's distribution system. The lockable disconnect must be accessible to the City at all times and only the City's lock may be used on it. 3. Customer's over current device at the service panel shall be marked to indicate power source and connection to the City's distribution system. 4. Customer's power production control system shall comply with NEC Articles 690 and 705, Underwriters Laboratories (UL) Standard 1741, Second Edition, and the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547 minimum specifications, and standards for parallel operation with the City. In particular, the: a. Power output control system shall automatically disconnect from the City's source upon loss of the City's voltage and not reconnect until the City's voltage has been restored by the City. b. Power output control system shall automatically disconnect from the City's source if Customer's voltage fluctuates beyond plus or minus 10 percent, per UL 1741. c. Power output control system shall automatically disconnect from the City's if Customer's and the City's frequency fluctuates plus or minus 2 cycles per second (Hertz). d. Inverter output distortion shall meet IEEE Standard 519. C. Safety All safety and operating procedures for joint use equipment shall be in compliance with the Occupational Safety and Health Administration (OSHA) Standard 29, CFR 1910.269, the NEC, WAC rules, the Washington Industrial Safety and Health Administration (WISHA) Standard, the City Service Requirements, and equipment manufacturer's safety and operating manuals. Net Metering-Apndx B.doc{2/19/13}