v 1/1/17
With a COPY TO: Office of ___ _ _ _
Street Address
City, State, Zip
Tel:
Attention:
ARTICLE 22. CONSTRUCTION OF CONTRACT
Energy Services Contract
Madera and ENGIE Services U.S.
This Contract is the result of arms-length negotiations between two sophisticated parties and ambiguities or uncertainties in it will not be construed for or against either Party, but will be construed in a manner that most accurately reflects the intent of the Parties as of the Contract Effective Date. Each of the Parties acknowledges and agrees that neither Party has provided the other with any legal, accounting, regulatory, financial, or tax advice with respect to any of the transactions contemplated hereby, and each Party has consulted its own legal, accounting, regulatory, financial and tax advisors to the extent it has deemed appropriate.
ARTICLE 23. BINDING EFFECT
Except as otherwise provided herein, the terms and provisions of this Contract will apply to, be binding upon, and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and permitted assigns.
ARTICLE 24. NO WAIVER
The failure of ENGIE Services U.S. or Madera to insist upon the strict performance of this Contract will not constitute or be construed as a waiver or relinquishment of either Party's right to thereafter enforce the same in accordance with this Contract in the event of a continuing or subsequent default on the part of ENGIE Services U.S. or Madera.
ARTICLE 25. SEVERABILITY
If any clause or provision of this Contract or any part thereof becomes or is declared by a court of competent jurisdiction invalid, illegal, void, or unenforceable, this Contract will continue in full force and effect without said provisions; provided that no such severability will be effective if it materially changes the benefits or obligations of either Party hereunder.
ARTICLE 26. HEADINGS
Headings and subtitles used throughout this Contract are for the purpose of convenience only, and no heading or subtitle will modify or be used to interpret the text of any section.
ARTICLE 27. COUNTERPARTS; INTEGRATION
This Contract may be executed in counterparts (and by different Parties hereto in different counterparts), each of which will constitute an original, but all of which when taken together will constitute a single contract. This Contract constitutes the entire contract among the Parties relating to the subject matter hereof and supersedes any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. This Contract cannot be amended, modified, or terminated except by a written instrument, executed by both Parties hereto. Delivery of an executed counterpart of a signature page of this Contract by email will be effective as delivery of a manually executed counterpart of this Contract. [the Parties' signatures appear on the following page]
Rev. Date: __ _ Page 24 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this Contract by their duly authorized officers as of the Contract Effective Date.
ENGIE SERVICES U.S.:
ENGIE Services U.S. Inc.
By:
Rev. Date: _ _ _
By:
,,,, ....... ,,,
Of MAD 11111,,
$ G6.. ........ :f'.l\'-1 ,, "' •• P0"' 00 'r:. ' 'TA*•o ... •r,_, ...,)': • ':. - : :.::.- : --- . . . . ..... . . --- : ' : = ; .y. \March27, 1907: .y.; , .. ..· -:,. •• •• § , " •• •• i'Jj ,,. \. .J1 ......... ',... 1
' 1,,,.,l 1 ...... ,,,,,, ..... ,,,,
Madera:
City of Madera
ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
ATTACHMENT A
MADERA'S FACILITIES and EXISTING EQUIPMENT
(a) The following Madera Facilities are included under the Scope of Work as listed below:
Facility Address
Airport 4020 Aviation Dr., Madera, CA 93637
Bergon Community Center 238 S D St. Madera, CA 93638
City Hall 205 W 4th St. Madera. CA 93637
Fire Station #6 317 N Lake St. , Madera, CA 93638
Fire Station #7 200 S Schnoor St., Madera, CA 93638
lntermodal Transit Facility 123 NE St., Madera, CA 93638 Lions Town and Country Park 2300 Howard Rd., Madera, CA 93637 Madera Community Center 1901 Clinton St. Madera, CA 93638 Madera Swimming Pool 221 Flume St, Madera, CA 93638
Mechanics Shop 108 S P St, Madera, CA 93637
Millview Park 1910 Clinton St, Madera. CA 93638
New Transit Center Building in Construction - Address TBD Pan American Community Center 703 Sherwood Way, Madera, CA 93638 Police Station 330 S C St, Madera, CA 93638
Public Works 1030 S Gateway Dr., Madera, CA 93637
Successor Redevelopment Aoency 428 E Yosemite Ave, Madera, CA 93638 Waste Water Treatment Plant 13098 Rd 21 CA 93637
Water Well Pump 30 2300 Howard Rd., Madera, CA 93637
Water Well Pump 31 Mariposa and SA St., Madera, CA 93637 Water Well Pump 33 End of San Bruno Avenue. Madera, CA 93637 Youth Center 701 E 5th St, Madera, CA 93638
Rev. Date: __ _ Page 26 of 59
Approx.
Square
Feet
251.429
4,166
18.055
7,500
7,200
3,185
NIA
17.400
3,567
2,800
NIA
NIA
16,317
17,249
16,540
17,350
19.900
NIA
NIA
NIA
39,000
ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
ATTACHMENT B
STANDARDS OF OCCUPANCY and CONTROL
The following standards are a guideline used to evaluate the energy conservation measures in this program. It is understood that existing and installed equipment may not allow for exact times and temperatures to be met, but every effort will be made to meet the below standards as closely as the equipment allows.
Existing Existing
Heating Cooling
Area or Existing Occupied Occupied Proposed
Facility HVAC Occupancy HVAC I I HVAC Schedule Unoccupi Unoccupi Equipment Schedule ed ed Schedule Tempera Tempera
tu re tu re
Airport All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Bergen All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Community
Center
Fire Station #6 All Units 2417 2417 70F/55F 72F/80F 2417 Fire Station #7 All Units 2417 2417 70F/55F 72F/80F 2417 lntermodal All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Transit Facility
New Transit All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Center
Pan American All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Community
Center
Police Station All Units 2417 2417 70F/55F 72F/80F 2417 Public Works All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Successor All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Redevelopment
Agency
Waste Water All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Treatment Plant
Youth Center All Units 8am-5pm 7am-6pm 70F/55F 72F/80F 7am-6pm Rev. Date: __ _ Page 27 of 59
Proposed
Heating
Occupied/
Unoccupied
Temperature
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
68F/50F
Proposed
Cooling
Occupied/
Unoccupied
Temperature
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
74F/85F
ESC - CA Public
v 1/1/17
)
Airport
Energy Services Contract
Madera and ENGIE Services U.S.
ATTACHMENT C
SCOPE OF WORK
California State Contractor's License Number 995037
California Public Works Contractor Registration Number 1000001498 Energy Conservation Measures to Be Implemented
ECM# Description
1 LED Lighting Retrofits
2 HVAC System Upgrades
3 Electric Vehicle Charqinq Stations
4 Electrical Switchgear Replacements
5 Power Quality and Reliability Upgrades
6 Solar Streetlighting
Solar Generating Facilities to be Installed
Est. Size Facility (kWdc) System Type
86.4 Solar Shade Canopy
Minimum
Clearance
Heiaht
10'
City Hall 151.0 Solar Shade Canopy 10'
Fire Station #6, Madera Swimming Pool, and Youth 122.8 Solar Shade Canopy 10' Center
Lions Town and Country Park 360.0 Solar Shade Canopy 10' Millview Park 122.4 Solar Shade Canopy 10'
Pan American Community Center 36.0 Solar Shade Canopy 10' Police Station 136.8 Solar Shade Canopy 10'
Public Works 93.6 Solar Shade Canopy 10'
Waste Water Treatment Plant (NEM) 1,051.0 Ground Mount - Fixed Tilt N/A Waste Water Treatment Plant (RES-BCT) 2,189.0 Ground Mount - Sinqle Axis Tracker N/A Solar Generating Faci lities
Scope of Work will include:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. Prepare and submit design drawings to AHJ for approval and to local utility for interconnection permits.
Provide geotechnical evaluations necessary for design requirements.
Provide utility interconnection drawings and application management services.
Provide and coordinate installation of the Net Generation Output Metering (NGOM).
Procure materials and equipment necessary for construction.
Provide project management and construction management necessary for a full and complete installation.
Provide labor, supervision, and coordination with Madera for the installation of photovoltaic modules, supporting structures, electrical distribution and control systems.
Provide and install PV modules and necessary mounting hardware for each system.
Perform underground utility survey within eight (8) weeks of the Effective Date to locate any existing unknown utilities that are in the path of horizontal boring, vertical boring, or trenching.
Perform horizontal boring and/or trenching of existing concrete, hardscape, or asphalt areas as required to route conduits. As required, repair any concrete, hardscape, or asphalt damaged during construction activities.
Provide and install inverters and necessary electrical equipment and conduits to connect to the electrical switchgear or meter. Electrical shutdowns are anticipated at each site. Time of shutdown will be coordinated with Madera and Utility and may include weekends.
Direct-current (DC) wiring within the solar systems shall be copper wire. Aluminum wire will be used from each system's AC inverters to the main point of connection at the site's existing electrical switchgear.
Provide and install solar canopy or ground mount structure at the Facilities in the table above. The Solar Shade Canopy design will include a painted canopy structure with a pier depth of eight (8) feet deep and assumes no de-watering, benching, shoring, or casing. The ground mount structures will not include painting and will use a pier depth of five (5) feet deep and assumes no de-watering, benching, shoring, or casing.
Rev. Date: __ _ Page 28 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
14. Provide and install new light emitting diode ("LED") lighting fixtures (Relume PV 40HB or equivalent) for undercanopy lighting at each Solar Shade Canopy that is located in a parking lot (one LED fixture per 27' bay).
Lighting will not be provided for ground mount structures.
15. Provide as-built drawings and Operations & Maintenance manuals upon Project completion.
16. Provide tree removal, as required.
17. Provide miscellaneous backfill and restoration of landscaping in areas of work.
18. Start-up, test, and commission the Systems in accordance with design plan and applicable industry standards.
19. Secure the Premises and provide traffic redirection during rigging operations, and during the move-in and moveout of large equipment. Madera shall assist with site logistics by coordinating access and scheduling with ENGIE Services U.S.
Preliminary Solar Layouts:
,...
·' '
', ' [
\
/ \, \
././'" \ ', \
Solar Layout 1 - Airport
Solar Layout 2 - City Hall
Rev. Date: __ _ Page 29 of 59 ESC - CA Public
v 1/1/17
Solar Layout 3 - Fire Station #6, Madera Swimming Pool, and Youth Center Solar Layout 4 - Lion's Town and Country Part<.
Rev. Date: __ _ Page 30 of 59
Energy Services Contract
Madera and ENGIE Services U.S.
ESC - CA Public
v 1/1/17
Solar Layout 5 - Mil/view Park
)
Solar Layout 2 - Pan American Community Center
Rev. Date: _ _ _ Page 31 of 59
Energy Services Contract
Madera and ENGIE Services U.S.
ESC - CA Public
v 1/1/17
Solar Layout 7 - Police Department
)
Solar Layout 8 - Public Wo1*s
Rev. Date: __ _ Page 32 of 59
Energy Services Contract
Madera and ENGIE Services U.S.
ESC - CA Public
v 1/1/17
Solar Layout 3 - Waste Water Treatment Plant (NEM)
)
Solar Layout 10 - Waste Water Treatment Plant (RES-BCT) )
Rev. Date: __ _ Page 33 of 59
Energy Services Contract
Madera and ENGIE Services U.S.
ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
Energy Conservation Measures
ECM 1: LED Lighting Retrofits
Locations:
Facility Address
Airport 4020 Aviation Dr. Madera, CA 93637
Bergan Community Center 238 S D St, Madera, CA 93638
City Hall 205 W 4th St, Madera, CA 93637
Fire Station #6 317 N Lake St., Madera. CA 93638
Fire Station #7 200 S Schnoor St., Madera, CA 93638
lntermodal Transit Facility 123 NE St., Madera. CA 93638 Lions Town and Country Park 2300 Howard Rd., Madera, 93637 Madera Community Center 1901 Clinton St, Madera, CA 93638 Madera Swimming Pool 221 Flume St, Madera, CA
Millview Park 1910 Clinton St, Madera, CA 93638
Pan American Community Center 703 Sherwood Way, Madera, CA 93638 Police Station 330 S C St, Madera, CA 93638
Public Works 1030 S Gateway Dr, Madera, CA 93637
Successor Redevelopment Agency 428 E Yosemite Ave, Madera, CA 93638 Waste Water Treatment Plant 13098 Rd 21 %, Madera, CA 93637 Youth Center 701 E 5th St, Madera, CA 93638
Scope of Work:
ENGIE Services U.S. shall:
1. Provide and install new lighting fixtures or retrofit kits as identified in Attachment C-1: Detailed Lighting Scope of Work. Installation shall be according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices. a. Interior Lighting
i. High efficiency light emitting diode (LED) upgrades: Replace existing fluorescent lamps and ballasts with new LED lamps and drivers or new LED fixtures per Attachment C-1. ii. Lighting Controls: Provide and install occupancy sensors per Attachment C-1. b. Exterior Lighting
i. LED Lighting for Exterior Applications: Replace existing high pressure sodium (HPS), low pressure sodium (LPS) and metal halide (MH) fixtures with new LED fixtures per Attachment C-1.
ii. Lighting Controls: Provide and install occupancy sensors, photocells, and dimming controls per Attachment C-1.
2. Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
3. Coordinate receiving, unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
4. Provide traffic control and work coordination as needed with Madera to perform the installation.
5. Provide submittals for Madera review and approval, prior to release of equipment.
6. Start-up, test, and commission lighting systems in accordance with approved designs and applicable industry standards.
Exclusions & Clarifications:
1. Replacement of existing occupancy or dimming sensors is not included.
2. The Scope of work assumes that there are no broken lenses or ceiling tiles and that all existing fixtures have sufficient and functional power sources. No provisions have been made for replacing any existing lenses, ceiling tiles, or faulty electrical circuits.
3. Permit fees are excluded. If required, ENGIE Services U.S. will procure permits through City of Madera.
4. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
Rev. Date: __ _ Page 34 of 59 ESC - CA Public
V1/1/17
)
Energy Services Contract
Madera and ENGIE Services U.S.
ECM 2: HVAC System Upgrades
Locations:
Facility Address
Airport 4020 Aviation Dr, Madera, CA 93637
Bergon Community Center 238 S D St Madera, CA 93638
City Hall 205 W 4th Street, Madera. CA 93637
Fire Station #6 317 N Lake St, Madera, CA 93638
Fire Station #7 200 Schnoor, Madera, CA 93637
lntermodal Transit Facility 123 N E St #101, Madera, CA 93638 New Transit Center Buildini:i in Construction - Address TBD Pan American Community Center 703 Sherwood Way, Madera, CA 93638 Police Department 330 S. C St. Madera, CA 93638
Public Works 1030 S. Gateway Dr .. Madera CA 93637
Successor Redevelopment Agency 428 E Yosemite Ave, Madera, CA 93638 Wastewater Treatment Plant 13048 Rd 21 1/2, Madera, CA 93637 Youth Center 701 E 5th St, Madera, CA 93638
Scope of Work:
HVAC Packaged Unit Direct Replacements
ENGIE Services U.S. shall:
1) Provide and install new equipment to replace the existing equipment in the following table. New equipment shall be Carrier (or equivalent). Installation shall be according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices.
Building Name Unit Type Unit ID Qty Manufacturer Model# Rooftop Packaged Unit AC-1 1 Carrier 48GS-024
Airport Rooftop Packaged Unit AC-2 1 Bryant 583APW060
Bergon Rooftop Packaged Unit AC-1 1 Carrier Existing 5 ton Community Rooftop Packaged Unit AC-2 1 York D4CG090 Center City Hall Rooftop Packaged Unit RTU-2 1 Carrier 48GS-036 Fire Station #6 Split System/Furnace F/CU-1 1 Bryant 561 CP036/595CAV036 lntermodal Rooftop Packaged Unit AC-2 1 Carrier 48SS018 Transit Facility Rooftop Packaged Unit AC-3 1 Carrier 48HJE004 Rooftop Packaged Unit AC-1 1 Ruud RRGF150065CK
Rooftop Packaged Unit AC-2 1 Ruud RRGF250150CKR
Pan American Rooftop Packaged Unit AC-3 1 Ruud RRGF200125CKR Community Rooftop Packaged Unit AC-4 1 Ruud RRGG-10E60CK Center Rooftop Packaged Unit AC-5 1 Ruud RRGG-10E60CK
Rooftop Packaged Unit AC-6 1 Ruud RRGG-10E60CK
Rooftop Packaged Unit AC-7 1 Ruud RRGG-1 OE60CK
Rooftop Packaged Unit AC-2 1 Carrier 48AD016
Public Works
Rooftop Packaged Unit AC-4 1 Carrier 585B060
2) Safe-off, demolish, and remove existing equipment to be replaced. 3) Recover refrigerant per EPA guidelines. Recycle and/or dispose of equipment in accordance with all codes and regulations.
4) Provide crane and rigging to remove existing equipment and set new equipment. 5) Modify electrical as necessary and re-connect electrical services to new equipment. 6) Connect new mechanical equipment to new Ditech control system. 7) Provide and install new standalone smoke detectors for all Packaged Units rated over 2,000 CFM. 8) Start up and commission new equipment and test for proper operation. 9) Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
Rev. Date: __ _ Page 35 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
10) Coordinate receiving , unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
11) Provide traffic control and work coordination as needed with Madera to perform the installation. 12) Provide submittals for Madera review and approval, prior to release of equipment. 13) Provide engineering services to update Mechanical Sheets and Mechanical Equipment Schedules. 14) If required, provide structural calculations for rooftop unit replacements.
City Hall - Boiler, Chiller, & Cooling Tower Removal and Engineered Packaged Unit Replacement Demolition
ENGIE Services U.S. shall:
1. Safe-off, remove and dispose of existing cooling tower on roof, condenser water pump, chilled water pump, water treatment equipment, water cooled chiller, boiler, boiler's pump and associated piping in the mechanical room.
2. Recover refrigerant per EPA guidelines. Recycle and/or dispose of equipment in accordance with all codes and regulations.
3. Cap any existing piping that will not be used with new mechanical equipment.
4. Remove and dispose of existing fan coil units/air handling units that will be replaced by new packaged AC.
New Equipment Installation
ENGIE Services U.S. shall:
1. Provide and install five (5) new packaged AC units to replace current 40-ton Trane water-cooled chiller, cooling tower, 1,000 MBH conventional boiler, and heating/chilled water pumps. New packaged units shall match the capacity of the existing equipment and be installed according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices.
2. Modify existing piping as needed for new mechanical equipment.
3. Provide and install new frame in curbs for new rooftop packaged units.
4. Provide and install new air distribution for packaged AC.
5. Provide rigging for all rooftop equipment. All crane lifts shall be performed during off-hours.
6. Include all required line and low voltage electrical modification and connections. Provide new electrical disconnect and fuses as needed.
7. Provide and install new standalone smoke detectors for all Packaged Units rated over 2,000 CFM.
8. Start-up by factory trained personnel and commissioning per factory specifications.
9. Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
10. Coordinate receiving, unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
11 . Provide traffic control and work coordination as needed with Madera to perform the installation.
12. Provide submittals for Madera review and approval, prior to release of equipment.
13. Provide engineering services to meet AHJ requirements including new Mechanical Sheets and Mechanical Equipment Schedules.
14. As needed, provide structural calculations for rooftop unit replacements.
City Hall - Multizone Unit Replacement and Engineered Packaged Unit Replacement ENGIE Services U.S. shall:
1. Replace existing 30-ton Multizone packaged unit and install (5) new gas packaged AC units with corresponding duct into the existing zone supply plenums and return plenums.
2. Recover refrigerant per EPA guidelines. Recycle and/or dispose of equipment in accordance with all codes and regulations.
3. New factory curbs will be provided and installed.
4. The zones are paired down from (10) zones to (5) zones based on the existing solar exposures.
5. Existing thermofusers will be removed and replaced with supply registers to match existing.
6. Install new electrical sub panel on the roof to feed the new packaged units.
7. Modify the existing gas line to serve the new packaged AC units.
8. Include all required line and low voltage electrical modification and connections. Provide new electrical disconnect and fuses as needed.
9. Provide and install new standalone smoke detectors for all Packaged Units rated over 2,000 CFM.
10. Start-up by factory trained personnel and commissioning per factory specifications.
Rev. Date: _ _ _ Page 36 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
11 . Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
12. Coordinate receiving, unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
13. Provide traffic control and work coordination as needed with Madera to perform the installation.
14. Provide submittals for Madera review and approval, prior to release of equipment.
15. Provide engineering services to update Mechanical Sheets and Mechanical Equipment Schedules.
16. If required, provide structural calculations for rooftop unit replacements.
City Hall - PVC Roofing and Roof Improvements
Main Roof and Back Canopy Roof:
ENGIE Services U.S. shall:
1. Remove existing roof system to deck. Dispose of debris per local ordinance.
2. Provide and install one (1) layer of R19 insulation at Main Roof area as indicated in the City Hall Roof Layout below. Insulation of Back Canopy area is not included.
3. Provide and install Y-i" Densdeck Prime or Securerock adhered to the insulation base.
4. Provide and install 60mil PVC adhered to the coverboard.
5. Re-use existing large and/or hooded vents.
6. Replace small vent flashings (8 inches & under) and tube or 2x3 outlets.
7. Install termination bar at counterflashing conditions. Existing counterflashing will be re-used/re-installed.
8. Provide and install PVC pipe boots, pre-fab corners, T-join patches, perimeter 1/2 sheets, and PVC coated metal details.
9. Provide and install new 24g GSM Kynar coping cap and/or PVC coated gravel stop where existing conditions dictate.
10. Roof in all NC, fan and skylight curbs per manufacturer requirements.
11. Clean all debris from the site upon completion of the work.
Garland Roof:
ENGIE Services U.S. shall:
1. Roof-in five (5) new AC curbs per Garland requirements to maintain existing Garland warranty.
City Hall Roof Layout:
,.
Rev. Date: __ _ Page 37 of 59 ESC - CA Public
v 1/1/17
StruCIUJt 3
Hil
10.366
Bacl\ Canopy
•• , .......... 11111 ...... . . ......... ,
l_ ••--• I
Energy Services Contract
Madera and ENGIE Services U.S.
Roor I
-I •., • • • • • • • . . . ....
......
Garland Roof
Energv Management System CEMSl Controls Installation
ENGIE Services U.S. shall:
1. Provide and install a Distech web-based energy management system (EMS) for remote access and control of HVAC units at the following sites.
Quantity of
Facility Address Thermostats to
Replace
Airport 4020 Aviation Dr, Madera, CA 93637 2
BerQon Community Center 238 SD St. Madera, CA 93638 2
City Hall 205 W 4th Street, Madera, CA 93637 12
Fire Station #6 317 N Lake St, Madera, CA 93638 2
Fire Station #7 200 Schnoor, Madera CA 93637 2
lntermodal Transit Facility 123 N E St #101 , Madera, CA 93638 4 New Transit Center Building in Construction - Address TBD 0 Pan American Community Center 703 Sherwood Way, Madera. CA 93638 7 Police Department 330 S. C St, Madera, CA 93638 18
Public Works 1030 S. Gateway Dr., Madera CA 93637 4
Successor Redevelopment AQencv 428 E Yosemite Ave, Madera CA 93638 4 Wastewater Treatment Plant 13048 Rd 21 1/2, Madera, CA 93637 3 Youth Center 701 E 5th St, Madera, CA 93638 9
2. For the City Hall, convert existing pneumatic control to DOC control. Demolish existing pneumatic system and provide new Distech Eclipse System to control existing and new packaged AC system. New control system shall provide functioning control and monitoring of existing and new systems.
3. For the New Transit Center, provide BACnet integration with Distech Eclipse front end interface for the Daikin VRV system.
4. Provide start-up, programming and commissioning of the control system to integrate control of the units with the Distech web-based energy management system.
5. Replace existing thermostats with the quantities identified in the table above. New thermostats/room sensors shall be installed at the same location as the existing thermostats.
Rev. Date: __ _ Page 38 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
Exclusions & Clarifications:
1. Heating and cooling load calculations are excluded. The scope of work is based on matching the capacity of existing equipment.
2. Structural modifications or framing upgrades are excluded except as specifically set forth in this Scope of Work.
3. Permit fees are excluded. ENGIE Services U.S. will procure permits through City of Madera.
4. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
5. Repairs or replacement of existing ductwork, piping, or insulation are excluded except as specifically set forth in this Scope of Work.
6. Installation of smoke detectors on any existing equipment is excluded except as specifically set forth in this Scope of Work.
7. Fire Life Safety integration of any kind is excluded.
8. Where feasible, Scope of Work includes using adaptor curbs for Roof-Top Unit installations.
9. New vibration isolation frames and curbs are excluded.
10. Roof patching and repair is excluded except as specifically set forth in this Scope of Work.
11. Chemical treatment is excluded.
12. Temporary cooling and/or heating is excluded. ENGIE Services U.S. assumes that occupants will be vacated from work areas during construction where access is required in the interior areas.
13. Air flow measurement stations are excluded.
14. Ethernet connectivity is assumed to be available at each site.
15. All work shall comply with Title 24 requirements.
16. All work shall comply with latest California Building Code, California Mechanical Code, California Plumbing Code, and National Electric Code.
Rev. Date: __ _ Page 39 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
ECM 3: Electric Vehicle Charging Stations
Locations:
Facility Address Quantity of
EV CharQers
Citv Hall 205 W 4th Street. Madera, CA 93637 5
Public Works 1030 S. Gateway Dr., Madera CA 93637 5
Total 10
Scope of Work:
ENGIE Services U.S. shall:
1. Provide and install dual-port level 2 commercial electric vehicle charging stations per the quantities listed above.
Installation shall be according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices.
2. Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
3. Coordinate receiving , unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
4. Provide traffic control and work coordination as needed with Madera to perform the installation.
5. Provide submittals for Madera review and approval, prior to release of equipment. 6, Start-up, test, and commission the EV charging stations in accordance with approved designs and applicable industry standards.
7. Coordinate billing parameters and website setup with EV charging station vendor and Madera.
Exclusions & Clarifications:
1. Permit fees are excluded. If required, ENGIE Services U.S. will procure permits through City of Madera.
2. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
3. Depending on EV charging station usage, energy utility costs may increase.
4. Ongoing licensing and billing fees will be the responsibility of Madera.
5. Madera will hold the rights to charge for the use of the EV charging stations.
ECM 4: Electrical Switchgear Replacements
Address
Lions Town and Count 2300 Howard Rd., Madera, CA 93637
Scope of Work:
ENGIE Services U.S. shall:
1. Provide and install new electrical switchgears and panelboards to replace the existing electrical equipment in the following table. Installation shall be according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices. # Description Voltage Amperage Mount Method
1 Little League Field Switchgear 120 I 240 V 600A Pad Mounted 2 Athletic Field Switchgear 277 /480V 1600A Pad Mounted 3 Field Lighting Panelboard 277 I 480 V 100 A Pole Mounted 4 Field Lighting Panelboard 277 I 480 V 100 A Pole Mounted 5 Field Lighting Panelboard 277 I 480 V 100 A Pole Mounted
2. Demolish and dispose of existing electrical equipment per local ordinances.
3. Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
4. Coordinate receiving, unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
5. Provide traffic control and work coordination as needed with Madera to perform the installation.
6. Provide submittals for Madera review and approval, prior to release of equipment.
7. Coordinate electrical shutdowns with Madera.
8. Start-up, test, and commission new electrical equipment in accordance with applicable industry standards.
Rev. Date: __ _ Page 40 of 59 ESC - CA Public
v 1/1/17
)
Energy Services Contract
Madera and ENGIE Services U.S.
Exclusions & Clarifications:
1. For the two (2) switchgear replacements, it is assumed that existing concrete pads can be re-used for the new equipment.
2. For the three (3) pole-mounted panelboard replacements, it is assumed that the existing poles can be re-used to mount the new equipment.
3. Temporary power is excluded.
4. Permit fees are excluded. If required, ENGIE Services U.S. will procure permits through City of Madera.
5. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
ECM 5: Power Quality and Reliability Upgrades
Location:
Waste Water Treatment Plant 13048 Rd 21 %, Madera, CA 93637 Scope of Work:
ENGIE Services U.S. shall:
1. Provide and install 200 kVAR switched capacitor bank and associated balance of systems at City of Madera Wastewater Treatment Plant
2. Provide and install power factor and current controller.
3. Change settings of existing Automatic Transfer Switch (ATS) to allow existing backup generator to automatically re-sync with utility grid. Coordinate settings with ATS and new power factor and current controller.
4. Start-up, test, and commission the equipment in accordance with applicable industry standards.
Exclusions & Clarifications:
1. Permit fees are excluded. If required, ENGIE Services U.S. will procure permits through City of Madera.
2. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
ECM 6: Solar Streetliqhting Installations
Locations:
The location of each new solar streetlight will be provided by Madera staff.
Scope of Work:
ENGIE Services U.S. shall:
1. Provide, assemble, and install one hundred and fifty (150) Solar Streetlights along roads and intersections within the City of Madera. Streetlights shall be Sol EverGen M Series or equivalent. Installation shall be according to manufacturer's recommendations, per all national, state and local codes, and in accordance with related industry standards and best practices.
2. Provide all tools, equipment, lifts, storage, on-site supervision, labor, materials, and transportation necessary to complete the installation.
3. Coordinate receiving, unloading, handing, securing, and storing of all equipment necessary to complete the scope of work.
4. Provide traffic control and work coordination as needed with Madera to perform the installation.
5. Provide submittals for Madera review and approval, prior to release of equipment.
6. Provide GPS locations of all installed streetlights.
7. Test and commission each solar streetlight in accordance with manufacturer recommendations.
Exclusions & Clarifications:
1. Permit fees are excluded. If required, ENGIE Services U.S. will procure permits through City of Madera.
2. Repairs to existing equipment are excluded except as specifically set forth in this Scope of Work.
3. Each solar streetlight will be entirely self-powered and will not require a utility connection.
Rev. Date: __ _ Page 41 of 59 ESC - CA Public
v 1/1/17
)
Energy Services Contract
Madera and ENGIE Services U.S.
GENERAL PROJECT EXCLUSIONS AND CLARIFICATIONS
The following exclusions and clarifications apply to all Solar Generating Facilities and ECMs included in this Scope of Work:
1. Madera will be responsible for obtaining and paying for inspections and any required Building, Mechanical, and Electrical Permits.
2. Madera will be responsible for hiring and paying all inspectors, including AHJ and other special inspectors.
3. Except as specifically set forth in this Scope of Work, AHJ plan check fees are excluded.
4. ADA, Fire Life Safety, and other work required as a result of AHJ submission are excluded.
5. ENGIE Services U.S. has assumed Construction will be allowed to proceed smoothly and in a continuous flow.
No allowance has been made to demobilize and remobilize resources due to schedule interruptions.
6. Temporary utilities are to be provided by Madera at no cost to ENGIE Services U.S. (including, without limitation, trailer power, phone lines, and construction power).
7. Removal and disposal of Hazardous Substances, including asbestos containing materials, to be by Madera. If ENGIE Services U.S. encounters material suspected to be hazardous, ENGIE Services U.S. will notify Madera representative and stop further work in the area until the material is removed.
8. ENGIE Services U.S. will require the assistance of Madera personnel to secure the Project Location and to provide traffic redirection during rigging operations, and during the move-in and move-out of large equipment.
9. No allowance has been made for structural upgrades to existing structures, except as specifically set forth in this Scope of Work.
10. No allowance has been made for screening of new or existing equipment, except as specifically set forth in this Scope of Work.
11. No temporary heating or cooling services have been included in the Contract Amount. ENGIE Services U.S. will attempt to phase Construction in such a way as to avoid complete interruptions of service.
12. ENGIE Services U.S. standard construction means and methods will be used.
13. Madera will provide access to the Facilities, laydown areas at the work sites, and a reasonable number of parking spaces for ENGIE Services U.S. and ENGIE Services U.S.'s subcontractor vehicles in parking lots at the Facilities.
14. Work will be performed during normal work hours; no overtime hours are included in the Contract Amount. The lighting retrofit Work will be performed so as not to unreasonably interfere with the building schedule. It is assumed that access for construction will be made available for a minimum of 8 continuous hours per day.
15. The Scope of Work assumes that, unless specifically identified otherwise, all existing systems are functioning properly and are up to current codes. ENGIE Services U.S. will not be responsible for repairs or upgrades to existing systems that are not functioning properly or compliant with current codes. No allowances have been made to bring existing systems up to code.
16. No allowance has been made to repair or replace damaged or inoperable existing equipment that is not specifically being replaced under the Scope of Work. When such items are discovered, ENGIE Services U.S. will immediately notify Madera representative.
17. No allowance has been made for underground obstructions or unsuitable soil conditions encountered during trenching or other excavation. ENGIE Services U.S. will notify Madera if any such conditions are encountered that will result in additional cost to Madera. Madera has the right to remove the affected portion of the Work from the Scope of Work by a mutually accepted Change Order.
18. Smoke detectors and fire alarm system work is excluded except as specifically set forth in this Scope of Work.
19. Repair or replacement of existing housekeeping pads, concrete pads, or base repair of existing walkway lighting are excluded, except as specifically set forth in this Scope of Work.
20. Painting, unless specified, is excluded.
21. With respect to lighting equipment maintenance and/or lamp and ballast retrofitting, Madera will properly ground lighting fixtures before ENGIE Services U.S. commences Work in compliance with applicable codes.
22. With respect to installation of new lighting fixture installations, prior to commencement of the lighting fixture installation, Madera will provide an existing or new grounding conductor or solidly grounded raceway with listed fittings at the lighting fixture junction box that is properly connected to the facility grounding electrode system in compliance with the latest NEC requirements adopted by the authority having jurisdiction. This Scope of Work includes, if applicable, properly terminating the lighting fixtures to the existing grounding conductor or to the existing solidly grounded raceway with listed fittings at the lighting fixture junction box.
23. Where this Scope of Work includes pulling new wiring for lighting fixtures from an existing lighting panel, a grounding conductor must be included in the lighting circuits. Madera is responsible for providing an existing or new grounding conductor terminal bar at the lighting panel that is properly connected to the Facility grounding electrode system in compliance with the latest NEC adopted by the authority having jurisdiction.
24. With respect to Projects with new equipment connecting to the Facility's existing electrical distribution system, ENGIE Services U.S. will not be responsible for the electrical integrity of the existing electrical system, e.g., the condition and proper termination of current-carrying, grounded, and grounding conductors, bus taps, protective elements, the proper protection of existing wire through knockouts, or missing components. Madera is Rev. Date: __ _ Page 42 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
responsible for providing and maintaining the facility's electrical distribution system that meets the latest NEC and guidelines adopted by the authority having jurisdiction.
25. Electrical work shall not be performed on live electrical equipment.
26. ENGIE Services U.S. shall coordinate work and any required shut-downs with Madera personnel.
ENGIE Services U.S. Beneficial Use and Warranty criteria for specific pieces of equipment:
1. SOLAR GENERATING SYSTEMS - The ENGIE Services U.S. Warranty commences immediately when the Generating Facility is capable of generating expected energy and the Utility is ready to issue the permission-tooperate letter. a. Solar Module Warranty: Solar modules will be provided with a 25-year manufacturer warranty b. Solar Inverter Warranty: Solar inverters will be provided with a 10-year manufacturer warranty
2. LED LIGHTING - The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
3. HVAC SYSTEM UPGRADES - The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
4. ELECTRIC VEHICLE CHARGING STATIONS -The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
5. ELECTRIC SWITCHGEAR REPLACEMENTS - The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
6. POWER QUALITY AND RELIABILITY UPGRADES - The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
7. SOLAR STREETLIGHTS - The ENGIE Services U.S. Warranty commences immediately upon the occurrence of uninterrupted operation for a duration as necessary, with a maximum of 2 weeks, for ENGIE Services U.S. to determine proper operation. ENGIE Services U.S. will provide written notice to Madera of the date the ENGIE Services U.S. Warranty commences.
a. Solar Streetlight Warranty: Solar Streetlights will be provided with a 20-year warranty.
Rev. Date: __ _ Page 43 of 59 ESC - CA Public
V1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
Tentative Scopes of Work to receive Substantial and Final Completion:
Scope of Work Location
Solar Generating Facilities 10 Sites
ECM 1: LED Lighting Retrofits 16 Sites
ECM 2: HVAC Svstem Uoarades -
- HVAC Packaged Unit Direct 7 Sites
Replacements
- City Hall - Boiler, Chiller, & Cooling Tower 1 Site
Removal and Engineered Packaged Unit
Reolacement
- City Hall - Multizone Unit Replacement and 1 Site
Engineered Packaged Unit Replacement
- City Hall - PVC Roofing and Roof 1 Site
Improvements
- Energy Management System (EMS) 14 Sites
Controls Installation
ECM 3: Electric Vehicle Charging Stations 2 Sites
ECM 4: Electrical Switchgear Replacements 1 Site
ECM 5: Power Quality and Reliability Upgrades 1 Site
ECM 6: Solar Streetlights City Wide
Rev. Date: _ _ _ Page 44 of 59
Total Qnty of SC
1 O; one oer site
16; one per site
- 7; one per Site
1; for entire Scope
1 ; for entire Scope
1; for entire Scope
14; one per Site
2; one per Site
1 ; for entire Scope
1; for entire Scope
1; for entire Scope
Total Qnty of FC
1 O; one oer site
18; one per site
- 7; one per Site
1 ; for entire Scope
1; for entire Scope
1 ; for entire Scope
1 ; for entire Scope
2; one per Site
1; for entire Scope
1 ; for entire Scope
1; for entire Scope
ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
ATTACHMENT D
MONITORING INSTALLATION SCOPE OF WORK
Overview of DAS Network Installation and Equipment Requirements ENGIE Services U.S. will provide a revenue-grade billing, data acquisition system (DAS). This will provide readily available access to various internal and external information collected on the distributive generation (i.e., solar PV) plants.
ENGIE Services U.S. DAS Monitoring Installation:
• Supply and install hardware specific to the DAS system. • Supply and install, terminate, label, and test all Data Point of Connection (DPOC) communication cabling from each DAS node to the predetermined and respective DPOC(s); in accordance with City's specifications. • Test and verify solar generating facility(s) network connectivity. a. TCP/IP internal addressing and verification
• Supply, install, and configure a Modbus based digital Net Energy Meter (NEM). • Connect the data portion of digital NEM(s) to their respective DPOC(s). • Supply, install, and configure a Modbus based digital Net Generation Output Meter (NGOM). • Perform the physical installation, labeling, testing and certification testing of each data circuit from the digital NEM(s) to their respective DPOC(s).
• Provide basic system training to designated City of Madera/Facility maintenance staff.
Rev. Date: __ _ Page 45 of 59 ESC - CA Public
v 1/1/17
EQUIPMENT AND FACILITIES COVERED
ATTACHMENT E
M&V SERVICES
Energy Services Contract
Madera and ENGIE Services U.S.
ENGIE Services U.S. will perform measurement and verification services ("M&V Services") as set forth in this Attachment respect to Madera's property at the following Project Locations:
Facility Address
Airport 4020 Aviation Dr, Madera, CA 93637
Bernon Community Center 238 S D St, Madera, CA 93638
City Hall 205 W 4th St, Madera, CA 93637
Fire Station #6 317 N Lake St. , Madera, CA 93638
Fire Station #7 200 S Schnoor St., Madera, CA 93638
lntermodal Transit Facility 123 N E St., Madera, CA 93638 Lions Town and Country Park 2300 Howard Rd .. Madera, 93637 Madera Community Center 1901 Clinton St, Madera, CA 93638 Madera Swimming Pool 221 Flume St, Madera, CA
Millview Park 1910 Clinton St, Madera, CA 93638
Pan American Community Center 703 Sherwood Way, Madera, CA 93638 Police Station 330 SC St. Madera, CA 93638
Public Works 1030 S Gateway Dr, Madera, CA 93637
Successor Redevelopment Agency 428 E Yosemite Ave, Madera. CA 93638 Waste Water Treatment Plant 13098 Rd 21 CA 93637
Youth Center 701 E 5th St, Madera, CA 93638
I. Definitions:
Capitalized terms used in this Attachment E and not defined in the Contract, have the meanings set forth below:
"Accumulated Savings" means, as of any date of determination, the cumulative total of Excess Savings. "Actual Energy Rate" means, for any Measurement Period, utility rates calculated by ENGIE Services U.S. using actual utility billing information supplied by Madera for that Measurement Period. "Annual M&V Fee" means a fee payable annually in advance by Madera to ENGIE Services U.S., in consideration of the provision of up to five (5) years of M&V Services. The Annual M&V Fee for the first Measurement Period will be Thirty-Seven Thousand Three Hundred Thirty-Two Dollars ($37,332.00). The Annual M&V Fee will be increased annually thereafter at the rate of three percent (3%) per annum for the first five (5) Measurement Periods, each increase to be effective on the first day of the corresponding Measurement Period. "Assessment Work" means work required to assess the effect on EC Savings for any significant changes to the Facilities (including, but not limited to, building additions, new buildings, and new or changed HVAC equipment). "Average Energy Unit Savings" means, with respect to any number of consecutive Measurement Periods, the arithmetic mean of the Energy Unit Savings for such number of Measurement Periods.] "Base Energy Rate" means the dollars per energy unit for each building and/or each ECM, set forth in this Attachment E. Section (Ill), and used by ENGIE Services U.S. to calculate the EC Savings. "Baseline" means the energy use established by ENGIE Services U.S. from time to time for each building in the Facilities, taking into consideration Energy Use Factors for such buildings. "EC Savings" means the savings in units of dollars ($) calculated by ENGIE Services U.S. in the manner set forth in this Attachment E. Section (Ill), achieved through the reduction in consumption or demand through implementation of the Work.
"Energy Rate Factors" means factors identified by ENGIE Services U.S. which may affect utility rates from the local utility companies.
"Energy Savings Report" is defined in this Attachment E. Section (11)(0).
Rev. Date: __ _ Page 46 of 59 ESC - CA Public
V1/1/17
)
Energy Services Contract
Madera and ENGIE Services U.S.
"Energy Savings Term" means the period beginning on the first day of the Construction Period and ending on the earlier of: (i) the day immediately preceding the twentieth (201 h) anniversary of the M&V Commencement Date;
(ii) the termination of the Contract; (iii) the termination by Madera of the M& V Services in accordance with this Attachment E. Section (ll)(G); or (iv) the failure by Madera to pay the Annual M&V Fee in accordance with this Attachment E. Secti0n (ll)(H)(i).
"Energy Unit Savings" means the savings in units of energy, power, water, etc., calculated by ENGIE Services U.S. in the manner set forth in this Attachment E, Section (Il l), achieved through the reduction in consumption or demand through implementation of the Work.
"Energy Use Factors" means factors identified by ENGIE Services U.S. which may affect the Baselines or energy use for the Facilities, including but not limited to: hours and levels of occupancy; adjustments in labor force; building use and operational procedures; temperature, humidification, and ventilation levels; installed lighting and scheduled use; building construction and size; general level of repair and efficiency of heating and air conditioning equipment and other energy-using equipment; and amount of heating and air conditioning and other energy-using equipment. "Energy Use Savings" means, for any Measurement Period, those savings, having units of dollars($), achieved for such Measurement Period through reductions in energy use, energy demand, water use, and the use of other commodities.
"Excess Savings" means the excess of EC Savings over Guaranteed Savings, calculated in the manner set forth in this Attachment E. Section (ll)(l)(iv).
"Guarantee Payment" means, for any Measurement Period, either: (i) a cash payment by ENGIE Services U.S. to Madera in an amount equal to the Guarantee Shortfall for that Measurement Period pursuant to this Attachment E.
Section (ll)(A)(ii); or (ii) additional energy services or energy saving retrofits requested by Madera with an agreed value equal to the Guarantee Shortfall for that Measurement Period pursuant to this Attachment E. Section (ll)(A)(iii). "Guarantee Shortfall" means an amount calculated in accordance with this Attachment E. Section (ll){l)(v). "Guaranteed Savings" means, for any Measurement Period, the dollar amount set forth below for such Measurement Period, as the same may be adjusted from time to time by ENGIE Services U.S. for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline:
Measurement Year Guaranteed Savings
1 $1,282,987
2 $1 ,333,224
3 $1,385,430
4 $1 ,101,357
5 $1,144,585
6 $1,189,512
7 $1,236,203
8 $1,284,730
9 $1,335,163
10 $1,387,578
11 $1,442,052
12 $1,498,668
13 $1,557,508
14 $1,618,661
15 $1,682,218
16 $1,748,272
17 $1,816,923
18 $1,888,273
19 $1,962,428
20 $2,039,498
"IPMVP" means the International Performance Measurement and Verification Protocol prepared by Efficiency Valuation Organization ..
Rev. Date: __ _ Page 47 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
"Projected Energy Savings" means those Energy Unit Savings which ENGIE Services U.S. anticipates will be realized from the installation and continued operation of the Work, as set forth in this Attachment E, Section (I ll). "Savings Guarantee" is defined in this Attachment E, Section (ll)(A)(i).
II. Terms and Conditions
A. Guaranteed Savings.
i. Savings Guarantee. In consideration of the payment of the Annual M&V Fee, and upon the terms and subject to the conditions set forth herein, ENGIE Services U.S. warrants that Madera will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the "Savings Guarantee"), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline. ii. Guarantee Payment. For any Measurement Period in which there is a Guarantee Shortfall, ENGIE Services U.S. will pay to Madera, within thirty (30) calendar days after the acceptance by Madera of the Energy Savings Report for such Measurement Period, the Guarantee Payment for that Measurement Period.
iii. Services or Retrofits in Lieu of Guarantee Payment. If in the judgment of Madera, Madera would benefit from additional energy services or energy saving retrofits, Madera and ENGIE Services U.S. may mutually agree that ENGIE Services U.S. will provide such services or retrofits in lieu of the Guarantee Payment for such Measurement Period. For the purposes of this Contract, such services or retrofits will have a deemed value equal to the Guarantee Shortfall for that Measurement Period. iv. Excess Savings. For any Measurement Period in which there are Excess Savings, Madera will repay to ENGIE Services U.S., to the extent of such Excess Savings, any Guarantee Payments previously paid by ENGIE Services U.S. to Madera and not previously repaid to ENGIE Services U.S. by Madera, and the Excess Savings for such Measurement Period will be reduced by the amount of such repayment. If ENGIE Services U.S. has provided services or retrofits in lieu of the Guarantee Payment for a prior Measurement Period, such that the Guarantee Payment for such Measurement Period cannot be repaid by Madera, then in lieu of such repayment Excess Savings will be increased by the deemed value of such services or retrofits.
v. Excusable Events. If ENGIE Services U.S. is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any Excusable Event, such circumstance will not constitute a default, and ENGIE Services U.S. will be excused from performing the M&V Services while such event is continuing. During such event, Projected Energy Savings for the month(s) in which such event is continuing will be used in lieu of actual data; provided that if three (3) or more years of post M&V Commencement Date data are available for such month(s), the historical average of such data for such month(s) will be used in lieu of Projected Energy Savings. vi. Average Energy Unit Savings. For any Measurement Period beginning with fifth (51h), upon completion of that Measurement Period's Energy Savings Report, ENGIE Services U.S. has the right to calculate the Average Energy Unit Savings which have occurred over all previous Measurement Periods. The Average Energy Unit Savings will be applied to all subsequent Measurement Periods to determine the Energy Unit Savings for each remaining Measurement Period. After applying such Average Energy Unit Savings for each subsequent Measurement Period and calculating the resulting EC Savings, if the sum of (i) such calculated EC Savings for any future Measurement Period plus (ii) the Annual M&V Fee for such Measurement Period is greater than the Guaranteed Savings for that Measurement Period, then such excess will be Excess Savings and the Savings Guarantee will have been met for that Measurement Period. If such sum of (i) calculated EC Savings for any future Measurement Period plus (ii) the Annual M&V Fee for such Measurement Period is less than the Guaranteed Savings for that Measurement Period, then ENGIE Services U.S. will apply Accumulated Savings then outstanding to determine whether there is a Guarantee Shortfall for that Measurement Period. If a Guarantee Shortfall is calculated to exist for a future Measurement Period, ENGIE Services U.S. may, in its sole discretion, pay to Madera, not later than the ninetieth (901
h) day of such future Measurement Period, the net
present value of the Guarantee Shortfall for any or all of such future Measurement Period(s). Net present value will be determined using a discount rate often percent (10%).
B. Changes in Energy Use Factors.
i. Adjustments to Baselines. Madera will notify ENGIE Services U.S. in writing within ten (10) Business Days of any change in any Energy Use Factor. In addition, data collected by ENGIE Services U.S. during or before the Energy Savings Term may indicate a change in the energy use pattern at the Facilities or any portion thereof and require a change to one or more Baselines. ENGIE Services U.S. will determine the effect that any such change will have on EC Savings and present to Madera a Rev. Date: _ _ _ Page 48 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
written analysis of the effects of such changes. ENGIE Services U.S. will also make corresponding revisions to the Baselines and/or EC Savings that it deems appropriate in its reasonable discretion. ii. Adlustments to Guaranteed Savings. If a change in any Energy Rate Factor or Energy Use Factor results in a reduction of EC Savings, then the Guaranteed Savings for the corresponding Measurement Period(s) will be decreased by the same amount. ENGIE Services U.S. will notify Madera, in writing, of all such changes.
iii. Changes to Facilities. Madera or ENGIE Services U.S. may from time to time propose to make changes to the Facilities for the express purpose of increasing EC Savings or addressing events beyond its control. It is agreed that these changes will only be made with the written consent of both Parties, which will not be unreasonably withheld. The Baseline will not be adjusted to reflect any changes agreed to under this Attachment E. Section (ll)(B)(iii). iv. Baseline Adjustment. If ENGIE Services U.S. proposes changes to the Facilities that would not unreasonably interfere with the conduct of Madera's business or cause Madera to incur additional costs, and Madera does not consent to the changes, then ENGIE Services U.S. will adjust the Baselines upward by the amount of savings projected from the changes. v. Projected Energy Savings. During the Energy Savings Term, when the ultimate effect of the Work on EC Savings cannot be accurately determined due to pending construction or changes to the Scope of Work, Projected Energy Savings for the Facilities will be used until the effect of the changes can be determined by ENGIE Services U.S.
vi. Assessment Work. ENGIE Services U.S. has the right to charge Madera for Assessment Work, which will be billed at current ENGIE Services U.S. engineering rates and will be paid by Madera within thirty (30) calendar days after receiving ENGIE Services U.S.'s invoice. Before initiating Assessment Work, ENGIE Services U.S. will notify Madera in writing of the intent and estimated cost associated with the Assessment Work. Madera will, within forty-five (45) calendar days, give ENGIE Services U.S. written permission to proceed or, alternatively at no charge to ENGIE Services U.S., to stipulate that the Projected Energy Savings for the portion of the Facility in question be used for the purpose of meeting the Savings Guarantee for such Measurement Period and thereafter. If ENGIE Services U.S. does not receive written notice within forty-five (45) calendar days, the Projected Energy Savings for the portion of the Facility in question will be used until such time as Madera approves the Assessment Work. vii. Changes in Energy Use Factors. If Madera fails to notify ENGIE Services U.S. of changes in Energy Use Factors or fails to supply ENGIE Services U.S. in a timely manner with information that is requested by ENGIE Services U.S. for the calculation of EC Savings, the Energy Unit Savings for the relevant Measurement Period will be deemed equal to the corresponding Projected Energy Savings for such period. If information for the relevant Measurement Period is supplied at a later date, the Energy Unit Savings will be modified only if and to the extent that the calculated savings for such period exceed the Projected Energy Savings for such period.
vii i. Change Order - Savings Effect. ENGIE Services U.S. will calculate the energy impact of any Change Orders.
ix. Changes in Savings Calculations. Any changes made by ENGIE Services U.S. to the savings calculations will be presented to Madera in advance. Madera will have thirty (30) calendar days to challenge or question the changes in writing.
x. Inspection of Facilities. Madera agrees that ENGIE Services U.S. will have the right, with or without prior notice, to inspect the Facilities to determine if Madera has consistently complied with its obligations as set forth above. If any inspection discloses that Madera has failed, on or prior to the date of such inspection, to be in compliance with any of its obligations, then the Guaranteed Savings will be assumed to have been achieved for the portion of the Energy Savings Term during which such failure will have existed.
xi. Interference. Madera may not cause, and will take all commercially reasonable steps to prevent any third party from causing, any overshadowing, shading or other interference with the solar insolation that falls on the Generating Facility. Upon discovering, or otherwise becoming aware of, any actual or potential overshadowing, shading or other interference with insolation, Madera will promptly notify ENGIE Services U.S. If an unforeseeable overshadowing or shading condition not caused by ENGIE Services U.S. or its subcontractors exists and continues for five (5) Business Days or more, Madera agrees that the Guaranteed Savings for such Generating Facility will be reduced based upon such shading condition, and ENGIE Services U.S. may present Madera with a proposed reduction to the Guaranteed Savings reflecting such overshadowing, shading or other interference.
Rev. Date: __ _ Page 49 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
C. Madera Maintenance. Beginning at Beneficial Use or Substantial Completion for any portion of the Work, Madera will maintain such portion of the Work and upon Final Completion will maintain the Project, in accordance with the maintenance schedules and procedures recommended by ENGIE Services U.S. and by the manufacturers of the relevant equipment, such maintenance to include maintaining all landscaping (including tree trimming) in and around the Generating Facilities. Madera is also responsible for managing the benefitting accounts designated to receive generation credits in regard to the Utility's RES-BCT tariff to ensure that generation is credited at the preferred rate.
D. Energy Savings Report. Annually during the first five (5) Measurement Periods of the Energy Savings Term, ENGIE Services U.S. will submit to Madera an energy savings report containing a precise calculation of the EC Savings during the applicable Measurement Period (an "Energy Savings Report"). ENGIE Services U.S. will use its best efforts to submit such Energy Savings Report within ninety (90) calendar days after receipt of all needed information for a Measurement Period, unless additional information is needed to accurately calculate the EC Savings, in which case Madera will be notified of such a situation within the ninety (90) calendar-day period.
E. On-Site Measurements. Madera irrevocably grants to ENGIE Services U.S. the right, during the Energy Savings Term, to monitor EC Savings and energy management performance by conducting on-site measurements, including, but not limited to, reading meters and installing and observing on-site monitoring equipment. ENGIE Services U.S. will not exercise such right in a manner that unreasonably interferes with the business of Madera as conducted at the Facilities as of the date hereof. Madera will cooperate fully with the exercise of such right by ENGIE Services U.S. pursuant to this Attachment E. Section (ll)(E). Madera will further cooperate with ENGIE Services U.S.'s performance of the M&V Services by providing utility information, changes in Energy Use Factors, and/or additional information as reasonably requested by ENGIE Services U.S.
F. Termination of Guaranteed Savings. If (i) Madera notifies ENGIE Services U.S. in writing of its intent to terminate the M&V Services, (ii) the Contract is terminated by ENGIE Services U.S. for default by Madera or by Madera for any reason permitted by the Contract, (iii) ENGIE Services U.S. is no longer the provider of the Maintenance Services set forth in Attachment F, or (iv) Madera fails to maintain the Project in accordance with this Attachment E. Section (ll)(C), or is in default of any of its other obligations under this Attachment E, the obligation of ENGIE Services U.S. to prepare and deliver the Energy Savings Report and to make a Guarantee Payment will also be terminated. If such termination occurs on a date other than the last day of a Measurement Period, ENGIE Services U.S. will have no obligation to make a Guarantee Payment or prepare and deliver an Energy Savings Report for such Measurement Period.
G. Annual M&V Fee.
i. Invoicing and Payment. The Annual M&V Fee for the first Measurement Period will be invoiced by ENGIE Services U.S. to Madera in a lump sum on the M&V Commencement Date. All subsequent Annual M&V Fees will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. Madera, or its designee, will pay ENGIE Services U.S. such Annual M&V Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the corresponding invoice. Unless Madera gives ENGIE Services U.S. prior written notice of its intent to terminate the M&V Services, any failure to timely pay the Annual M&V Fee in accordance with this Attachment E. Section (il)(H) will be a material default by Madera under the Contract, and ENGIE Services U.S., in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to perform M&V Services or to make Guarantee Payments. ii. Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand.
iii. Not Refundable. The Annual M&V Fee is not refundable for any reason.
H. Calculations.
i. Calculation of Accumulated Savings. Accumulated Savings will be increased, for any Measurement Period, by the amount of Excess Savings during such Measurement Period, and will be decreased, for any Measurement Period, by the difference, to the extent positive, between (i) the Guaranteed Savings for such Measurement Period minus (ii) the EC Savings for such Measurement Period. For the avoidance of doubt, Accumulated Savings will not be reduced below zero. ii. Calculation of EC Savings. EC Savings for any Measurement Period will be equal to the Energy Use Savings, in each case as adjusted for changes in Energy Use Factors during such Measurement Period. EC Savings achieved during the Construction Period will be included in the EC Savings for the first Measurement Period.
Rev. Date: __ _ Page 50 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
iii. Calculation of Energy Use Savings. Energy Use Savings will be calculated by ENGIE Services U.S. as the product of (i) the Energy Unit Savings multiplied by (ii) the greater of (a) the applicable Base Energy Rate or (b) the applicable Actual Energy Rate.
iv. Calculation of Excess Savings. From and after the M&V Commencement Date, Excess Savings will be calculated by ENGIE Services U.S. as the difference, to the extent positive, between (i) the EC Savings for the relevant Measurement Period minus (ii) the Guaranteed Savings for such Measurement Period. During the Construction Period, Excess Savings will be calculated by ENGIE Services U.S. in the manner set forth in this Attachment E. Section (Ill) . For the avoidance of doubt, Excess Savings will not be reduced below zero.
v. Calculation of Guarantee Shortfall. The Guarantee Shortfall, for any Measurement Period, will be calculated by ENGIE Services U.S. as the difference , to the extent positive, between (i) the Guaranteed Savings for such Measurement Period minus (ii) the sum of (a) EC Savings for such Measurement Period plus (b) Accumulated Savings then outstanding.
Ill. Methodologies and Calculations
The following details the methodologies and calculations to be used in determining the Energy Unit Savings under this Contract.
Table E-1: Measurement and Verification Methods
M&VMethod
ECM ECM Description Electric Usage Electric Demand
ECM-1 LED Lighting Retrofits Option A N/A
SGF Solar Generating Facilities Option B NIA
1. M&V Option A: This option allows for the energy savings to be predicted, measured, and agreed upon between Madera and ENGIE Services U.S. One-time measurements and stipulated parameters are used to quantify savings that are stipulated for the term of the Contract. a. ENGIE Services U.S. will supply a one-time report to Madera detailing the measurements and calculation of savings. If the calculated savings fall short of those expected, ENGIE Services U.S. will have the opportunity to remedy the short fall and re-measure and calculate the results. Such work will be done at ENGIE Services U.S.'s expense and will not be unreasonably denied by Madera, as long as such work does not interfere with Madera's use of the Facilities. These calculated savings will be defined as Energy Unit Savings and will be agreed to occur each Measurement Period. During the Construction Period, the Energy Unit Savings will be calculated by adding the savings measured for the whole months between Substantial Completion or Beneficial Use of the ECM and the M& V Commencement Date.
b. Scope of Work
The Energy Savings generated from the installation of the lighting EC Ms will be measured and verified using IPMVP Option A. These savings will be measured and calculated by the following method:
Rev. Date: __ _
1. The reduction in units of electric demand (kW) from the installation of the lighting ECMs is to be measured directly using a calibrated true-RMS watt meter or stipulated based on the following parameters. Existing and to-be-installed fixture types will be grouped project-wide, based on the type of fixture (i.e., type of lamp, number of lamps and ballast type) and the assumed wattage. All lamps without ballasts (incandescent), along with exit signs, will be stipulated at their manufacturer's rated wattage. Groups of fixtures with ballasts will be measured in the following manner.
a. For groups with 1,000 or more fixtures, ten (10) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture will be taken. The average wattage per fixture will be calculated and be the measured wattage for that fixture type. b. For groups with 500 or more fixtures but fewer than 1,000, seven (7) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture will be taken.
The average wattage per fixture will be calculated and be the measured wattage for that fixture type.
c. For groups with 100 or more fixtures but fewer than 500, four (4) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture will be taken.
The average wattage per fixture will be calculated and be the measured wattage for that fixture type.
d. For groups with 99 or fewer fixtures or where measurements are not physically possible, the measured wattage will be stipulated for that group to equal the wattage defined in Attachment
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
C, showing the existing fixture codes, quantities, and manufacturer's rated wattage for these type fixtures.
2. Assumptions: The annual unit consumption savings (kWh) for each retrofit will be calculated by multiplying the demand savings as calculated above by the Occupied Annual Hours, where the Occupied Annual Hours have been agreed upon and stipulated to by Madera and are presented in Table E-2 below. The Energy Unit Savings (kWh) will be the sum of the calculated annual unit consumption savings for each retrofit.
Table E-2: Annual Lighting Hours by Room Type - Stipulated Agreed Upon Lighting Hours of Operation
Facility Area Type Annual
Hours
City-wide Airport Ham1ar 728
City-wide Always on 8,760
City-wide As Needed 260
City-wide Conference Room 1,560
City-wide Council Chamber 1,040
City-wide Custodian 1.040
City-wide Dial a ride 4,368
City-wide Electrical Mechanical 2.600
City-wide Exercise 1.560
CitY-wide Exterior 4.368
CitY-wide Fire apparatus bay 2,184
CitY-wide Fire dorm 2,184
CitY-wide Garage 1,040
City-wide Hallway-Lobby-Stair 2,600
City-wide lntermodal Lobby 4,368
City-wide Kitchen 1,560
City-wide Laboratory 3,120
City-wide Lobby 3,120
City-wide Locker Room 1,560
City-wide Lounge/Breakroom 2,080
City-wide MPR 2,600
City-wide Office open 3,120
City-wide Police dispatch 3,640
City-wide Police Interview 1,460
City-wide Private 2,600
City-wide Restroom Open 2,080
CitY-wide Restroom Sinale 1.560
CitY-wide Retail 3.744
CitY-wide Sports field 728
City-wide Storage-Active 2,200
City-wide Storage-Inactive 260
City-wide Wastewater treatment 4,368
City-wide Work Room 3,120
Public Works As Needed 1,248
Public Works Auto repair 3,640
Public Works Classroom 2.600
Public Works Dinina 2,080
Public Works Electrical Mechanical 520
Public Works Elevator - 24/7 8,760
Public Works Exterior 4,368
Public Works File room 1,560
Rev. Date: __ _ Page 52 of 59 ESC - CA Public
v 1/1/17
Public Works Gvm
Public Works Hall
Public Works Hall
Public Works Kitchen
Public Works Kitchen
Public Works Lobbv
Public Works Lobbv
Public Works Lobbv
Public Works Lounae/Breakroom
Public Works Multiouroose
Public Works Office Enclosed/Conference
Public Works Office Enclosed/Conference
Public Works Open office
Public Works Open office
Public Works Restroom Open
Public Works Restroom SinQle
Public Works Stair- 24/7
Public Works StoraQe-Active
Public Works Walk in
Public Works Warehouse
Public Works Workshop
Energy Services Contract
Madera and ENGIE Services U.S.
2,080
3,640
3 744
1,560
2,600
2,600
3,120
3,744
3,640
3,744
3,120
3,744
3,640
3,744
3,640
1,560
8,760
520
260
3,640
3,640
3. Post-retrofit measurements will be performed one time, after the retrofit is complete. Post-retrofit ECM performance is assumed to be consistent for the duration of the Energy Savings Term.
4. EC Savings achieved from the lighting ECMs are calculated by the following equation:
EC Savings = Energy Unit Savings X Base Energy Rate
Table E-3: Lighting Annual Savings by Site (ECM-1)
Projected Annual
Location/ECM Savings
(kWh)
Airport 21,414
Bergan Community Center 12,130
City Hall 47,519
Fire Station #6 10,209
Fire Station #7 8,883
lntermodal Transit Facility 15,199
Lions Town & Country Park 49,484
Madera Community Center 20,621
Madera Swimming Pool 8,289
Millview Park 4,166
Pan American Community Center 30,518
Police Station 61,934
Public Works 58,679
Successor Redevelopment Agency 22,912
WWTP (NEM) 68,370
Youth Center 18,451
Total 458,778
Rev. Date: __ _ Page 53 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
2. M&V Option B: Energy savings performance of Scope of Work are measured and verified at the end-use site.
Option B techniques are designed for projects where long-term continuous measurement of performance is desired and warranted. Under Option B, while some parameter may be stipulated or measured once then stipulated, some individual loads are continuously monitored to determine performance; and this measured performance is compared with an equipment-use Baseline to determine the Energy Unit Savings. a. ENGIE Services U.S. will supply a one-time report to Madera detailing any initial measurements taken to establish usage Baselines or other parameters. Ongoing post-retrofit measurements will be compared to the Baselines, and the quantified Energy Unit Savings will be calculated and presented in ongoing reports. During the Construction Period, the Energy Unit Savings will be calculated by adding the savings measured for the whole months between Substantial Completion or Beneficial Use of the EC Measure and the M& V Commencement Date.
b. Scope of Work
No baseline measurements are necessary because pre-retrofit PV production is zero. Kilowatt-hours produced by the PV system will be measured using automated metering. Measured interval production kilowatt-hours will be compared against production shown on the monthly utility bills and any differences will be reconciled. Projected kWh production is shown in Table E-4 below and is projected to degrade by 0.4% per year.
Table E-4: First Year Solar PY Production (SGF)
Projected Annual
Location/ECM Production
(kWh)
Airport 136,800
City Hall 232,655
Fire Station #6, Madera Swimming Pool & Youth Center 188,765 Lions Town & Country Park 566,865
Millview Park 182,020
Pan American Community Center 53,381
Police Station 209,475
Public Works 143,925
WWTP (NEM) 1,734,700
WWTP (RES-BCT) 4,453,600
Total 7,902,186
c. Assumptions: Once Work is Substantially Complete, these savings will be measured and verified monthly for the Energy Savings Term.
d. Baselines and Projected Savings: EC Savings will be determined by multiplying the Energy Unit savings by the applicable Base Energy Rate.EC Savings will be calculated and presented in ongoing reports. During the Construction Period, the EC Savings will be calculated by adding the production measured for the period between Substantial Completion of the ECM and the M&V Commencement Date.
3. Base Energy Rates: EC Savings will be calculated using the Base Energy Rates or Actual Energy Rates for that meter, whichever results in greater EC Savings. Actual Energy Rates will be calculated at the end of each Measurement Period using utility billing information for that Measurement Period and using the same methodology as was employed to determine the base energy rate in the Recommendations.
The Base Energy Rates listed here are to be increased each Measurement Period on a cumulative basis by four and three-tenths percent (4.30%) beginning on the first anniversary of the M&V Commencement Date and continuing on the first day of each Measurement Period thereafter.
Rev. Date: __ _ Page 54 of 59 ESC - CA Public
v 1/1/17
Table E-5: Base Energy Rates
Location/ECM
ECM-1: Airport
ECM-1: Bergan Community Center
ECM-1: City Hall
ECM-1 : Fire Station #6
ECM-1: Fire Station #7
ECM-1: lntermodal Transit Facility
ECM-1: Lions Town & Country Park
ECM-1: Madera Community Center
ECM-1: Madera Swimming Pool
ECM-1: Millview Park
ECM-1: Pan American Community Center
ECM-1: Police Station
ECM-1: Public Works
ECM-1: Successor Redevelopment Agency
ECM-1: WWTP (NEM)
ECM-1: WWTP (NEM - Year 4, *rate switch)
ECM-1: Youth Center
SGF: Airport
SGF: City Hall
SGF: Fire Station #6, Madera Swimming Pool & Youth Center SGF: Lions Town & Country Park
SGF: Millview Park
SGF: Pan American Community Center
SGF: Police Station
SGF: Public Works
SGF: WWTP (NEM)
SGF: WWTP (NEM - Year 4, *rate switch)
SGF: WWTP (RES-BCT)
Rev. Date: __ _ Page 55 of 59
Energy Services Contract
Madera and ENGIE Services U.S.
Electricity Rate
($/kWh)
0.2289
0.2434
0.2172
0.2358
0.2327
0.2314
0.1926
0.2380
0.2018
0.2274
0.2395
0.1717
0.2168
0.2284
0.2490
0.2370
0.2531
0.2695
0.1527
0.2254
0.1785
0.2422
0.2205
0.1514
0.2033
0.3011
0.1465
0.0734
ESC - CA Public
v 1/1/17
EQUIPMENT AND FACILITIES COVERED
ATTACHMENT F
MAINTENANCE SERVICES
Energy Services Contract
Madera and ENGIE Services U.S.
ENGIE Services U.S. will perform preventive maintenance services ("Maintenance Services") as set forth in this Attachment F with respect to Generating Facilities being constructed on Madera's property at the following Project Locations:
Site Name Site Address City County State Zip Code
Airport 4020 Aviation Dr Madera Madera CA 93638
City Hall 205 W 4th St Madera Madera CA 93638
Fire Station #6, Madera Swimming Pool, and 701 E 5th St Madera Madera CA 93638 Youth Center
Lions Town and Country Park 2300 Howard Rd Madera Madera CA 93638 Millview Park 1910 Clinton St Madera Madera CA 93638
Pan American Community Center 703 Sherwood Way Madera Madera CA 93638 Police Station 330 SC ST Madera Madera CA 93638
Public Works 1030 S Gateway Dr Madera Madera CA 93638
Wastewater Treatment Plant (NEM) 13098 ROAD 21 1/2 Madera Madera CA 93637 Wastewater Treatment Plant (RES-BCT) 13098 ROAD 21 1/2 Madera Madera CA 93637 Capitalized terms used in this Attachment F and not defined in the Contract, have the meanings set forth below:
I. Definitions
II. Term
"Annual Maintenance Fee" means a fee payable annually in advance by Madera to ENGIE Services U.S., in consideration of the provision of up to twenty (20) years of Maintenance Services. The Annual Maintenance Fee for the first Measurement Period will be Sixty Thousand Eight Hundred Eighteen Dollars ($60,818.00). The Annual Maintenance Fee will be increased annually thereafter at the rate of three percent (3%) per annum for the first five (5) Measurement Periods, each increase to be effective on the first day of the corresponding Measurement Period. The Annual Maintenance Fee for each Measurement Period after the fifth (5th) Measurement Period will be negotiated in good faith by the Parties, not later than ninety (90) days prior to the end of the preceding Measurement Period, on the basis of then-prevailing market rates for, e.g., labor and equipment.
So long as Madera pays to ENGIE Services U.S. the Annual Maintenance Fee, ENGIE Services U.S. will provide the Maintenance Services, as described herein, up to twenty (20) years from the M&V Commencement Date on an annualized basis. At the end of this term, Madera may:
a. Enter into another agreement with ENGIE Services U.S. to perform Maintenance Services b. Enter into an agreement with another service provider c. Self-perform preventive maintenance
Ill. Annual Maintenance Fee; Reporting
The Annual Maintenance Fee for the first Measurement Period will be invoiced by ENGIE Services U.S. to Madera in a lump sum on the M&V Commencement Date. All subsequent Annual Maintenance Fees will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. Madera, or its designee, will pay ENGIE Services U.S. such Annual Maintenance Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the corresponding invoice. Any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment F will be a material default by Madera, and ENGIE Services U.S., in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services.
Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand.
Rev. Date: __ _ Page 56 of 59 ESC - CA Public
v 1/1/17
The Annual Maintenance Fee is not refundable for any reason.
Energy Services Contract
Madera and ENGIE Services U.S.
Upon completion of any maintenance or repair work, ENGIE Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to Madera on a quarterly basis.
If ENGIE Services U.S. is no longer the provider of Maintenance Services, Madera's new provider will maintain similar service logs. ENGIE Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.
IV. Preventive Maintenance Services Provided
ENGIE Services U.S. will provide the following Maintenance Services during the term:
a Inspection: Inspect PV modules, combiner boxes, inverters, isolation transformers, and PV service roof penetrations and support structure on an annual basis. Inspect (150) Street light modules for operation and provide any needed repairs
b. Testing: Perform voltage testing, amperage testing, and infrared scans of inverters, combiner boxes, disconnects and switchgear on an annual basis.
c. Monitoring: Monitor PV system performance and (150) street light functionality on a daily basis. d. Cleaning:
i. Remove dust, dirt, and debris from outside cabinets of combiner boxes, inverters, transformers, and disconnect switches on an annual basis.
ii Wash PV modules and remove accumulated dust and debris on an annual basis.
V. Repair Services
If a Generating Facility or street light pole is damaged and requires safe-off, repair, demolition and/or reconstruction, Madera must contact the ENGIE Services U.S. PV Operations & Maintenance Manager. In the event of damage, any component of the Generating Facility installed by ENGIE Services U.S. can be repaired or reconstructed by ENGIE Services U.S. at Madera's request. Madera must submit a request for quotation to the ENGIE Services U.S. PV Operations & Maintenance Manager. ENGIE Services U.S. will inspect the damage and provide a written quotation and complete scope of work to Madera to restore the Generating Facility to normal operational condition. Before proceeding with repairs, ENGIE Services U.S. and Madera must execute a work order, on ENGIE Services U.S.'s form, for the agreed scope of work and quotation amount. Repair work is done on a time and materials basis. Standard Business Hours are M-F, 7am to 5pm. Non-business Hours & Saturdays Equals 1.5x Rates. Sundays & Holidays Equals 2.0x Rates.
Labor Category Straight
Time
Hourly Rate - PV Electrical Journeyman Technician $/hr. $ 150.00 Hourly Rate - PV Electrical Apprentice Technician $/hr. $ 65.00 Hourly Rate - Engineering $/hr. $ 170.00
Hourly Rate - Administrative $/hr. $ 65.00
Service call-out - Daily minimum fee $ $ 550.00
Mileage $ IRS Rate
Material mark-up % % 15.00%
Lift rental fee $ Current
Market Price
VI. Warranty Services
The ENGIE Services U.S. PV Operations & Maintenance Manager will also be Madera's point of contact for all issues related to the ENGIE Services U.S. Warranty set forth in Section 9.01 of the Contract. Madera should refer to Section
9.02 of the Contract for services provided by ENGIE Services U.S. to Madera in relation to manufacturer's warranties.
The terms and conditions of the relevant manufacturer's warranties can be found in the operation and maintenance manuals delivered to Madera at Final Completion.
Rev. Date: __ _ Page 57 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
VII. Services and Equipment to Be Covered by Madera
ENGIE Services U.S.'s obligations under this Attachment F are expressly conditioned upon Madera's payment of the Annual Maintenance Fee and providing and being responsible for the following, without cost to ENGIE Services U.S.:
a. Making the Generating Facilities described herein available to ENGIE Services U.S. as of the Contract Effective Date. ·
b. Operating and maintaining security systems associated with the Generating Facilities. c. Managing the benefitting accounts designated to receive generation credits in regard to the Utility's RES-BCT tariff to ensure that generation is credited at the preferred rate. d. Maintaining all landscaping in and around Generating Facilities including tree trimming. e. Allowing ENGIE Services U.S. and its personnel access as necessary to the Generating Facilities, and any related areas that may be reasonably necessary for performance of the Maintenance Services, including reasonable work, parking, and equipment staging areas.
f. Allowing ENGIE Services U.S. and its personnel to access electrical power and other utilities then existing at the Generating Facilities as necessary for ENGIE Services U.S. to satisfy its obligations under the Contract. g. Remediating, pursuant to Applicable Law, any known Hazardous Substances encountered by ENGIE Services U.S. during the performance of the Maintenance Services which Hazardous Substances were not deposited by ENGIE Services U.S., including any backfill with clean soil as may be reasonably required. h. Insuring the Generating Facilities against loss due to acts of God and the public enemy; flood, earthquake, tornado, storm, fire; civil disobedience, sabotage, and vandalism. i. Ensure no vehicles are parked within safe distance of the street light pole during maintenance and repair requests. j. Wash (150) street light PV modules and remove accumulated dust and debris as needed.
ENGIE Services U.S. will have no obligation to provide the Maintenance Services to the extent such prov1s1on of Maintenance Services is materially adversely affected by Madera's failure to satisfy the conditions set forth in this Attachment F.
Rev. Date: __ _ Page 58 of 59 ESC - CA Public
v 1/1/17
}
Energy Services Contract
Madera and ENGIE Services U.S.
ATTACHMENT G
SCOPE OF EDUCATION SERVICES
ENGIE Services U.S. will perform educational services ("Education Services") as set forth in this Attachment G at the City of Madera.
I. Term
ENGIE Services U.S. will provide the Education Services, as described herein, from the Contract Effective Date through June 2022.
II. Educational Services Provided
Sustainability Ambassador Program
ENGIE Services U.S. will engage with high school-aged youth in the City of Madera to provide training and work experiences in the areas of sustainability and energy.
Timing and schedule to be determined in collaboration with the City of Madera for the following:
• Ten (10) interns
• Compensated at the minimum wage required by California law • Each intern will be compensated for up to sixty (60) hours of work Interns will work with ENGIE Services U.S., ENGIE Services U.S.'s Partners, and City of Madera staff to perform the following:
• Lead local efforts to reduce local energy & water consumption • Take field trips to understand critical City of Madera infrastructure • Learn about opportunities in local government and green engineering & construction • Organize community events and projects
The City of Madera will provide training space for these sessions.
Communications Support
ENGIE Services U.S. will assist the City of Madera in sharing the activities and results of these internships out to the community through:
• Providing one (1) summary report of the internship program including relevant metrics and data • Supporting City of Madera staff on key relevant City of Madera communications Rev. Date: __ _ Page 59 of 59 ESC - CA Public
V1/1/17
Attachment 4: PG&E Generating Facility Interconnection Agreement (Multiple Tariff NEM2MT)
U 39 San Francisco, California
Revised Cal. P.U.C. Sheet No. 55811-E
Cancelling Revised Cal. P.U.C. Sheet No. 52945-E
Electric Sample Form No. 79-1069-02 Sheet 1
Generating Facility Interconnection Agreement (Multiple Tariff NEM2MT) Advice 6900-E Issued by Submitted March 30, 2023
Decision Meredith Allen Effective April 1, 2023
Vice President, Regulatory Affairs Resolution
Please Refer to Attached
Sample Form
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT )
† Information collected on this form is used in accordance with PG&E’s Privacy Policy. Page 1 of 15 The Privacy Policy is available at pge.com/privacy. Form 79-1069-02 Advice 4728-G/6900-E
Automated Document, Preliminary Statement A March 2023
This Generating Facility Interconnection Agreement (Multiple Tariff NEM2MT) (Agreement) is entered into by and between ______________________________ (Producer), and Pacific Gas and Electric Company (PG&E) a California Corporation. Producer and PG&E are sometimes also referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises and obligations stated in this Agreement and its attachments, the Parties agree as follows:
1. SCOPE AND PURPOSE
This Agreement provides for Producer to interconnect and operate a Generating Facility in parallel with PG&E’s Electric System to serve the electrical loads at the location identified in Section 2.4 (or for the qualifying energy where permitted under Section 218 of the California Public Utilities Code (PUC). The Generating Facility must be a combination of generators, but must include at least one NEM2 “Eligible customer-generator.” (as defined in PG&E’s Schedule NEM2). “Eligible customergenerator” may also include other eligible customer-generators such as NEM2 Renewable Electrical Generation Facility(ies), Renewable Electrical Generation Facility(ies) (as defined in PG&E’s Schedule NEM) or Eligible Fuel Cell Electrical Generating Facility(ies) (as defined in PG&E’s Schedule NEMFC), as allowed under Special Condition 4 of Schedule NEM2.
1.1. This Agreement provides for Producer to operate the Eligible Generator(s) pursuant to the provisions of Section 2827.1 et seq. of the PU Code and the applicable PG&E tariffs for net energy metering. This Agreement also provides for Producer to operate its Non-Eligible Generator(s). This Agreement does not provide for retail electrical service by PG&E to Producer. Such arrangements must be made separately between PG&E and Producer.
1.2. This Agreement does not address Producer’s account billing and payment for energy consumption. For the Generating Facility as specified in Section 2 of this Agreement, please refer to the applicable PG&E net-energy-metered (NEM and/or NEM2) tariff schedules for billing and payment protocol.
2. SUMMARY AND DESCRIPTION OF PRODUCER’S GENERATING FACILITY
2.1 A description of the Generating Facility, including a summary of its significant components and a single-line diagram showing the general arrangement of how Producer’s Generating Facility and loads are interconnected with PG&E’s Electric System, are attached to and made a part of this Agreement. (Supplied by Producer as Appendix A).
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 2 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
2.2 Generating Facility identification number: _________________ (Assigned by PG&E).
2.3 Producer’s electric service agreement ID number: ______________ (Assigned by PG&E).
2.4 Name and address used by PG&E to locate the electric service account used to interconnect the Generating Facility with PG&E’s Electric System:
Name: _____________________________
Address: ___________________________
City/Zip Code: _______________________
2.5 The Gross Nameplate Rating of the Generating Facility is:
2.5.1 Eligible Generator(s):
biomass ________kW digester gas ________kW
solar thermal ________kW municipal solid waste ________kW photovoltaic ________kW landfill gas ________kW
wind ________kW ocean wave ________kW
geothermal ________kW ocean thermal ________kW
fuel cell ________kW tidal current ________kW
small hydroelectric generation
________kW
Storage/Batteries (NEM eligible only)
________amp hours
________ inverter kW
2.5.2 Non-Eligible Generator(s): _______ kW
2.5.3 Total Gross Nameplate Rating of the Generating Facility:
_______ kW
2.6 The Net Nameplate Rating of the Generating Facility is:
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 3 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
2.6.1 Eligible Renewable Electrical Generation Facility Generator(s):
biomass ________kW digester gas ________kW
solar thermal ________kW municipal solid waste ________kW photovoltaic ________kW landfill gas ________kW
wind ________kW ocean wave ________kW
geothermal ________kW ocean thermal ________kW
fuel cell ________kW tidal current ________kW
small hydroelectric generation
________kW
Storage/Batteries (NEM eligible only)
________amp hours
________ inverter kW
2.6.2 Non-Eligible Generator(s): _______ kW
2.6.3 Total Net Nameplate Rating of the Generating Facility: _______ kW
2.7 The maximum level of power that may be exported by the Generating Facility to PG&E’s Electric System is expected to be:
2.7.1 Eligible Generator(s):
biomass ________kW digester gas ________kW
solar thermal ________kW municipal solid waste ________kW photovoltaic ________kW landfill gas ________kW
wind ________kW ocean wave ________kW
geothermal ________kW ocean thermal ________kW
fuel cell ________kW tidal current ________kW
small hydroelectric generation
________kW
Storage/Batteries (NEM eligible only)
________amp hours
________ inverter kW
2.7.2 Non-Eligible Generator(s): ________ kW
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 4 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
2.7.3 Total maximum level of power that may be exported by the Generating Facility: ________ kW
2.8 the purpose of securing the Competition Transition Charge exemption available under Section 372 of the California Public Utilities Code (PUC), Producer hereby declares that the portion of the Generating Facility that is generating in a combined heat and power mode
does / does not meet the requirements for Cogeneration as such term is used in Section 216.6 of the California Public Utilities Code.
2.9 The Generating Facility’s expected date of Initial Operation is ________________________. The expected date of Initial Operation shall be within two years of the date of this Agreement.
2.10 For the purpose of securing certain tariff charge exemptions available under the PU Code, Producer hereby declares the following for each Generator technology of the Generating Facility:
Requirements for Distributed Energy Resource Generation as such term is used in Section 353.1 of the PU Code.
biomass are met
are not met
digester gas are met
are not met
solar thermal are met
are not met
municipal solid waste are met
are not met
photovoltaic are met
are not met
landfill gas are met
are not met
wind are met
are not met
ocean wave are met
are not met
geothermal are met
are not met
ocean thermal are met
are not met
fuel cell are met
are not met
tidal current are met
are not met
small hydroelectric generation
are met
are not met
biogas digester (under NEMBIO)
are met
are not met
fuel cell (under NEMFC) are met
are not met
other technology are met
are not met
2.11 Customer-Generator’s otherwise-applicable-rate schedule as of the execution of this Agreement is: ____________
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 5 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
3. DOCUMENTS INCLUDED; DEFINED TERMS
3.1 This Agreement includes the following exhibits which are specifically incorporated herein and made a part of this Agreement.
Appendix A - Description of Generating Facility and Single-Line Diagram (Supplied by Producer).
Appendix B - Web-site references to Rules 2 and 21 and other selected rules and tariffs of PG&E (Supplied by PG&E).
Appendix C - A Copy of PG&E’s Agreement for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility-Owned Generation and/or Electrical Standby Service (Form 79-280) (Special Facility Agreement), if applicable, (Formed by the Parties).
Appendix D - Producer’s warranty that the Generating Facility meets the requirements for a Cogeneration facility pursuant to Section 216.6 of the PU Code (when applicable).
Appendix E - Producer’s warranty that the Generating Facility meets the requirements for Distributed Energy Resources Generation as defined in Section 353.1 of the PU Code (when applicable).
Appendix F - NEM2 Load Aggregation Customer-Generator Declaration Warranting NEM2 Aggregation Is Located On Same or Adjacent or Contiguous Property to Generator Parcel
Appendix G - Producer’s warranty that it meets the requirements for an Eligible Biogas Digester Electrical Generating Facility, (applicable Generator(s) only) as defined in Section 2827.9 of the PU Code (when applicable).
Appendix H - Schedule NEM and/or NEM2 Customer-Generator Warranty that it Meets the Requirements for an Eligible Customer-Generator and is an Eligible Renewable Electrical Generation Facility Pursuant to Section 2827.1 of the California Public Utilities Code.
Appendix I -Operating Requirements for Energy Storage Device(s) (when applicable).
Appendix J - NEMFC Customer Agreement Starting January 1, 2017 Until California Air Resources Board Emission Standard is
Established.
3.2 When initially capitalized, whether in the singular or in the plural, the terms used herein shall have the meanings assigned to them either in this Agreement or in PG&E’s Rule 21 Section C.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 6 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
4. TERM AND TERMINATION
4.1 This Agreement shall become effective as of the last date entered in Section 16, below. The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs:
(a) The Parties agree in writing to terminate the Agreement, or (b) Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the electric service account through which Producer’s Generating Facility is interconnected to PG&E’s Electric System is closed or terminated, or
(c) At 12:01 A.M. on the 61st day after Producer or PG&E provides written Notice pursuant to Section 9 below to the other Party of Producer’s or PG&E’s intent to terminate this Agreement.
4.2 Producer may elect to terminate this Agreement pursuant to the terms of Section 4.1(c) for any reason. PG&E may elect to terminate this Agreement pursuant to the terms of Section 4.1(c) for one or more of the following reasons:
(a) A change in applicable rules, tariffs, and regulations, as approved or directed by the California Public Utilities Commission “Commission,” or a change in any local, state or federal law, statute or regulation, either of which materially alters or otherwise affects PG&E’s ability or obligation to perform PG&E’s duties under this Agreement; or, (b) Unless otherwise agreed to in writing by the Parties, Producer fails to take all corrective actions specified in PG&E’s Notice that Producer’s Generating Facility is out of compliance with the terms of this Agreement within the time frame set forth in such Notice; or, (c) Producer fails to interconnect and operate the Generating Facility per the terms of this Agreement prior to 120 days after the date set forth in Section 2.9, above, as the Generating Facility’s expected date of Initial Operation; or,
(d) Producer abandons the Generating Facility. PG&E shall deem the Generating Facility to be abandoned if PG&E determines, in its reasonable opinion, the Generating Facility is non-operational and Producer does not provide a substantive response to PG&E Notice of its intent to terminate this Agreement as a result of Producer’s apparent abandonment of the Generating Facility affirming Producer’s intent and ability to continue to operate the Generating Facility. (e) Producer makes a change to the physical configuration of the Generating Facility, as declared in Section 2 and Appendix A of this Agreement.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 7 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
4.3 Notwithstanding any other provisions of this Agreement, PG&E shall have the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application to terminate this Agreement.
4.4 Any agreements attached to and incorporated into this Agreement shall terminate concurrently with this Agreement unless the Parties have agreed otherwise in writing.
5. GENERATING FACILITY AND OPERATING REQUIREMENTS
5.1 Except for that energy delivered to PG&E’s Electric System, electric energy produced by Producer’s Generating Facility shall be used solely to serve electrical loads connected to the electric service account that PG&E uses to interconnect Producer’s Generating Facility (or, where permitted under Section 218 of the PUC, the electric loads of an on-site or neighboring party lawfully connected to Producer’s Generating Facility through Producer’s circuits). Producer shall not use the Generating Facility to serve electrical loads that will cause Producer to be considered an “electrical corporation” as such term is used in Section 218 of the California Public Utilities Code.
5.2 Unless otherwise agreed upon in writing by the Parties, this Agreement does not provide for, nor otherwise require PG&E to purchase, transmit, distribute, or store the electrical energy produced by Producer’s Generating Facility.
5.3 Producer is responsible for operating the Generating Facility in compliance with all of PG&E’s tariffs, including but not limited to PG&E’s Rule 21 and applicable NEM-2 tariff schedules, and applicable safety and performance standards established by the National Electric Code, Institute of Electrical and Electronic Engineers, accredited testing laboratories such as Underwriters Laboratories, rules of the Commission regarding safety and reliability, and any other regulations and laws governing the Interconnection of the Generating Facility.
5.4 Producer shall: (a) maintain the 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, Section 5.3, and (b) obtain any governmental authorizations and permits required for the construction and operation of the Generating Facility and Interconnection Facilities. Producer shall reimburse PG&E for any and all losses, damages, claims, penalties, or liability it incurs as a result of Producer’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Producer’s Generating Facility.
5.5 Producer shall not commence parallel operation of the Generating Facility until PG&E has provided express written approval. Such approval shall normally be provided per the timelines established by the applicable PUC 2827 section, or by Rule 21. Such approval will be provided after PG&E’s receipt of: (1) a completed Generating Facility Interconnection Application (Form 79-1174-02),
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 8 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
including all supporting documents and payments as described in the Application; (2) any required NEM supplemental application forms; (3) a signed and completed Generating Facility Interconnection Agreement (Multiple Tariff NEM2MT) (Form 79-1069-02); (4) a copy of the Producer’s final inspection clearance from the governmental authority having jurisdiction over the Generating Facility; and (5) submission of all applicable payments for reviews, studies, Interconnection Facilities, and Electric System Modifications.
Such approval will not be unreasonably withheld. PG&E shall have the right to have representatives present at the Commissioning Test as defined in Rule
21. Producer shall notify PG&E at least five (5) business days prior to the initial testing.
5.6 In no event shall the delivery of the maximum electric power to PG&E’s Electric System exceed the amount or other limitations specified in Section 2 and Appendix A of this Agreement. If Producer does not regulate its Generating Facility in compliance with the limitations set forth in this Agreement, PG&E may require Producer to disconnect its Generating Facility from PG&E’s Electric System until Producer demonstrates to PG&E’s reasonable satisfaction that Producer has taken adequate measures to regulate the output of its Generating Facility and control its deliveries of electric power to PG&E.
Further, should PG&E determine that Producer’s operation of the Generating Facility is causing an unsafe condition or is adversely affecting PG&E’s ability to utilize its Electric System in any manner, even if Producer’s deliveries of electric power to PG&E’s Electric System are within the limitations specified in this Agreement, PG&E may require Producer to temporarily or permanently reduce or cease deliveries of electric power to PG&E’s Electric System.
Alternatively, the Parties may agree to other corrective measures so as to mitigate the effect of electric power flowing from the Generating Facility to PG&E’s Electric System. Producer’s failure to comply with the terms of this Section shall constitute a material breach of this Agreement and PG&E may initiate termination in accordance with the terms of Section 4.2(b).
5.7 Producer shall not deliver reactive power to PG&E’s Electric System unless the Parties have agreed otherwise in writing.
5.8 The Generating Facility shall be operated with all of Producer's Protective Functions in service whenever the Generating Facility is operated in parallel with PG&E’s Electric System. Any deviation from these requirements may occur only when the Parties have agreed to such deviations in writing.
5.9 If Producer declares that its Generating Facility meets the requirements for Cogeneration as such term is used in Section 216.6 of the PUC (or any successor definition of Cogeneration (Cogeneration Requirements), Producer warrants that, beginning on the date of Initial Operation and continuing throughout the term of this Agreement, its Generating Facility shall continue to meet such Cogeneration Requirements, per Appendix D of this Agreement.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 9 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
5.10 In order to promote the safety and reliability of the customer Generating Facility, the applicant certifies that as a part of each interconnection request for a NEM and/or NEM2 Generating Facility, that all major solar system components (if any) are on the verified equipment list maintained by the California Energy Commission and certifies that other equipment, as determined by PG&E, has safety certification from a nationally recognized testing laboratory.
5.11 Producer certifies as a part of each interconnection request for a NEM and/or NEM2 Eligible Generating Facility that
(i) a warranty of at least 10 years has been provided on all equipment and on its installation, or
(ii) a 10-year service warranty or executed “agreement” has been provided ensuring proper maintenance and continued system performance.
5.12 Producer on this tariff must pay for the interconnection of their NEM2 Generation Facilities as provided in Electric Rule 21, pursuant to Decision 16- 01-044.
5.13 If Producer’s Generating Facility includes any energy storage device(s), Distribution Provider may provide requirements that must be met by the Producer prior to initiating Parallel Operation with PG&E’s Distribution System and throughout the term of this Agreement, including but not limited to the requirements set forth in Appendix I of this Agreement.
5.14 Smart Inverters
For Producer applications received on or after September 9, 2017, the Producer certifies that their inverter-based Generating Facilities fully comply with Section Hh of Rule 21, including configuration of protective settings and default settings, in accordance with the specifications therein.
Distribution Provider may require a field verification of the Producer’s inverter.
Producer further agrees to cooperate fully with any such request and make their inverter available to the Distribution Provider for such verification.
Producer understands that in the event the inverter is not set in accordance with Section Hh of Rule 21, Producer will need to cease operation of generating facility until verification is confirmed by Distribution Provider. (Solar inverter models and firmware versions that comply with Rule 21 Section Hh can be found at:
https://www.energy.ca.gov/programs-and-topics/topics/renewableenergy/solar-equipment-lists.) Verification of compliance with such requirements shall be provided by the Producer upon request by PG&E in accordance with PG&E’s Electric Rule 21.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 10 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
An “existing inverter” is defined as an inverter that is a component of an existing Generating Facility that meets one or more of the following conditions:
(a) it is already approved by PG&E for interconnection prior to September 9, 2017
(b) the Producer has submitted the interconnection application prior to September 9, 2017,
(c) the Producer provides evidence of having applied for an electrical permit for the Generating Facility installation that is dated prior to September 9, 2017 and submitted a complete interconnection application11 no later than March 31, 2018, or
(d) the Producer provides evidence of a final inspection clearance from the governmental authority having jurisdiction over the Generating Facility prior to September 9, 2017.
All “existing inverters” are not required to be Smart Inverters and are only subject to Section H of Rule 21. Producer replacing an “existing inverter” certifies it is being replaced with either:
(i) inverter equipment that complies with Section Hh of Rule 21, (encouraged); or
(ii) a conventional inverter that is of the same size and equivalent ability to that of the inverter being replaced, as allowed in Rule 21 Section H.3.d.ii.
6. INTERCONNECTION FACILITIES
6.1 Producer and/or PG&E, as appropriate, shall provide Interconnection Facilities that adequately protect PG&E’s Electric System, personnel, and other persons from damage or injury, which may be caused by the operation of Producer’s Generating Facility.
6.2 Producer shall be solely responsible for the costs, design, purchase, construction, operation, and maintenance of the Interconnection Facilities that Producer owns.
6.3 If the provisions of PG&E’s Rule 21, or any other tariff or rule approved by the Commission, requires PG&E to own and operate a portion of the Interconnection Facilities, Producer and PG&E shall promptly execute an Special Facilities Agreement that establishes and allocates responsibility for the design, installation, operation, maintenance, and ownership of the 1 A complete application consists all of the following without deficiencies:
1. A completed Interconnection Application including all supporting documents and required payments,
2. A completed signed Interconnection Agreement,
3. Evidence of the Producer final inspection clearance from the governmental authority having jurisdiction over the generating system.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 11 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
Interconnection Facilities. This Special Facilities Agreement shall be attached to and made a part of this Agreement as Appendix C.
6.4 The Interconnection Facilities may include Net Generation Output Metering for determination of standby charges and applicable non-bypassable charges, and/or other meters required for PG&E’s administration and billing pursuant to PG&E’s tariffs for net energy metering.
7. LIMITATION OF LIABILITY
Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever.
8. INSURANCE
8.1 In connection with Producer’s performance of its duties and obligations under this Agreement, Producer shall maintain, during the term of this Agreement, general liability insurance with a combined single limit of not less than:
(a) Two million dollars ($2,000,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is greater than one hundred (100) kW;
(b) One million dollars ($1,000,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is greater than twenty (20) kW and less than or equal to one hundred (100) kW; and
(c) Five hundred thousand dollars ($500,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is twenty (20) kW or less.
(d) Two hundred thousand dollars ($200,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is ten (10) kW or less and Producer’s Generating Facility is connected to an account receiving residential service from PG&E.
Such general liability insurance shall include coverage for “Premises-Operations, Owners and Contractors Protective, Products/Completed Operations Hazard, Explosion, Collapse, Underground, Contractual Liability, and Broad Form Property Damage including Completed Operations.”
8.2 The general liability insurance required in Section 8.1 shall, by endorsement to the policy or policies, (a) include PG&E as an additional insured; (b) contain a severability of interest clause or cross-liability clause; (c) provide that PG&E shall not by reason of its inclusion as an additional insured incur liability to the insurance carrier for payment of premium for such insurance; and (d) provide
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 12 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
for thirty (30) calendar days’ written notice to PG&E prior to cancellation, termination, alteration, or material change of such insurance.
8.3 If Producer’s Generating Facility employs solely of Renewable Electrical Generation Facilities the requirements of Section 8.1 shall be waived.
However, to the extent that Producer has currently in force Commercial General Liability or Personal (Homeowner’s) Liability insurance, Producer agrees that it will maintain such insurance in force for the duration of this Agreement in no less than amounts currently in effect. PG&E shall have the right to inspect or obtain a copy of the original policy or policies of insurance prior to commencing operations. Such insurance shall provide for thirty (30) calendar days written notice to PG&E prior to cancellation, termination, alteration, or material change of such insurance.
8.4 Evidence of the insurance required in Section 8.2 shall state that coverage provided is primary and is not in excess to or contributing with any insurance or self-insurance maintained by PG&E.
8.5 Producer agrees to furnish the required certificates and endorsements to PG&E prior to Initial Operation. PG&E shall have the right to inspect or obtain a copy of the original policy or policies of insurance.
8.6 If Producer is self-insured with an established record of self-insurance, Producer may comply with the following in lieu of Sections 8.1 through 8.4:
(a) Producer shall provide to, PG&E, at least thirty (30) calendar days prior to the date of Initial Operation, evidence of an acceptable plan to selfinsure to a level of coverage equivalent to that required under Section 8.1.
(b) If Producer ceases to self-insure to the level required hereunder, or if Producer are unable to provide continuing evidence of Producer’s ability to self-insure, Producer agrees to immediately obtain the coverage required under Section 8.1.
8.7 All insurance certificates, statements of self-insurance, endorsements, cancellations, terminations, alterations, and material changes of such insurance shall be issued and submitted via email to the following:
Pacific Gas and Electric Company
Attention: Electric Grid Interconnection - Contract Management 300 Lakeside Drive, Suite 210
Oakland, CA 94612
Email: [email protected]
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 13 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
9. NOTICES
9.1 Any written notice, demand, or request required or authorized in connection with this Agreement (Notice) shall be deemed properly given if delivered in person or sent by first class mail, postage prepaid, to the address specified below:
If to PG&E: Pacific Gas and Electric Company
Attention: Electric Grid Interconnection - Contract Management 300 Lakeside Drive, Suite 210
Oakland, CA 94612
Email: [email protected]
If to Producer:
Customer-Generator Name:
Address:
City:
Phone: ( )
FAX: ( )
9.2 A Party may change its address for Notices at any time by providing the other Party Notice of the change in accordance with Section 9.1.
9.3 The Parties may also designate operating representatives to conduct the daily communications, which may be necessary or convenient for the administration of this Agreement. Such designations, including names, addresses, and phone numbers may be communicated or revised by one Party’s Notice to the other.
10. REVIEW OF RECORDS AND DATA
10.1 PG&E shall have the right to review and obtain copies of Producer’s operations and maintenance records, logs, or other information such as, unit availability, maintenance outages, circuit breaker operation requiring manual reset, relay targets and unusual events pertaining to Producer’s Generating Facility or its interconnection with PG&E’s Electric System.
10.2 Producer authorizes to release to the California Energy Commission (CEC) information regarding Producer’s facility, including customer name, location, size, and operational characteristics of the unit, as requested from time to time pursuant to the CEC’s rules and regulations.
10.3 As a condition of interconnection, pursuant to California Public Utilities Commission (CPUC) Decisions 14-11-001, 20-08-001, and 21-06-026, PG&E is required to provide certain data, including but not limited to confidential customer information, to the CPUC and its contractors, the California Department of Consumer Affairs Contractors State License Board, and the
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 14 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
California Department of Financial Protection & Innovation (the “State Entities”). Producer authorizes PG&E to release any and all information contained in its application, and addendum if applicable for interconnection to the State Entities identified in this Section 10.3 without further notification or consent.
11. ASSIGNMENT
Producer shall not voluntarily assign its rights nor delegate its duties under this Agreement without PG&E’s written consent. Any assignment or delegation Producer makes without PG&E’s written consent shall not be valid. PG&E shall not unreasonably withhold its consent to Producer’s assignment of this Agreement.
12. NON-WAIVER
None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect.
13. GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF PG&E’s
TARIFF SCHEDULES AND RULES
13.1 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 without giving effect to choice of law provisions that might apply to the law of a different jurisdiction.
13.2 This Agreement shall, at all times, be subject to such changes or modifications by the Commission as it may from time to time direct in the exercise of its jurisdiction.
13.3 The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the Tariff Schedules and Rules applicable to the electric service provided by, PG&E, which Tariff Schedules and Rules are hereby incorporated into this Agreement by this reference.
13.4 Notwithstanding any other provisions of this Agreement, PG&E shall have the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application for change in rates, charges, classification, service, tariff or rule or any agreement relating thereto.
14. AMENDMENT AND MODIFICATION
This Agreement can only be amended or modified in writing, signed by both Parties.
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Automated Document, Preliminary Statement A Page 15 of 15 Form 79-1069-02
Advice 4728-G/6900-E
March 2023
15. ENTIRE AGREEMENT
This Agreement, including any incorporated Tariff Schedules and rules, contains the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement or in the incorporated tariff schedules and rules.
16. 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.
PACIFIC GAS AND ELECTRIC COMPANY
(Company Name)
(Signature) (Signature)
(Print Name) (Print Name)
(Title) (Title)
(Date) (Date)
01/30/2024
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Appendix A
Automated Document, Preliminary Statement A Page 1 of 1 Form 79-1069-02, Appendix A
Advice 4728-G/6900-E
March 2023
APPENDIX A
DESCRIPTION OF GENERATING FACILITY
AND SINGLE-LINE DIAGRAM
(Provided by Producer)
(Note: The Description of the Generating Facility should include, but not limited to, for each of the technology types of generation: spatial configuration, net and gross nameplate ratings, manufacturer, if the generators are certified under Rule 21, protection equipment, and intended mode of operation [i.e. nonexport: export up to 2 seconds; inadvertent export: export between 2 seconds and 60 seconds; and continuous export: export greater than 60 seconds].
Additionally points of interconnection with PG&E, as well as locations and type of protection equipment and disconnect switches should be identified.) E-600
SINGLE LINE DIAGRAM
WASTEWATER TREATMENT PLANTNEM SYSTEM13048 RD. 21 1/2MADERA, CA 93637
ENGIE SERVICES US (E) PG&E TRANSFORMER
KW
(E)
SERVICE
CONDUCTORS
(E) BREAKER
6 8
9 METER#
1010095217
(E) MAIN SWITCHBOARD
2500A, 277Y/480V, 3Ø, 4W
(E) LOADS 2500A
GENERAL NOTES
1. REFER TO ELECTRICAL SPECIFICATIONS SHEET E-003 FOR CONSTRUCTION NOTES AND SPECIFICATIONS RELATING TO ELECTRICAL WORK TO BEPREFORMED.
2. REFER TO SHEETS E-700 EQUIPMENT LABELING, E-501 ELECTRICAL DETAILS & E-502 GROUNDING.
3. TERMINATE ALUMINUM CONDUCTORS IN LISTED AL/CU EQUIPMENT PER MANUFACTURER'S INSTALLATION INSTRUCTIONS. USE COMPRESSIONLUGS OR USE PIGTAIL ADAPTERS.
4. INSTALL SOURCE CIRCUIT GROUND PER NEC 250.120 (C) OTHERWISE USE #6 CU EGC
5. FOR CONDUCTORS LARGER THAN THE MAXIMUM TERMINAL SIZE, TRANSITION TO MAXIMUM CONDUCTOR SIZE ALLOWED BY TERMINAL LUG.
CONDUCTOR TO BE NEC COMPLIANT.
6. ALL TERMINAL RATINGS ARE 75°C
7. MAIN AC DISCONNECT FUSES SHALL MATCH EXISTING AIC RATING AT MAIN.8. MAXIMUM AC CONDUCTOR SIZE FOR SUNGROW SG60CX-US IS A 2/0.
MAXIMUM DC CONDUCTOR SIZE FOR SUNGROW SG60CX-US IS #10.
9. RUN DC CONDUCTORS ALL IN FREE AIR ALONG RACKING STRUCTURE.
ABBREVIATIONS
MCOC MAXIMUM CONTINUOUS OUTPUT CURRENTLGD LISTED GROUNDING DEVICE
KEYNOTES
1 DC SOURCE CIRCUITS: PV MODULES CONNECTED IN SERIES STRINGS. REFER TO INVERTER AND DC CABLE SCHEDULE FOR QUANTITIES AND CONDUCTOR/CONDUIT SIZES. USE PV-1kV OR PV-2kV INSULATED WIRE. (TYP.) INVERTER: SUNGROW FOR UNGROUNDED PV ARRAYS. KW RATING AS SHOWN, 480VAC, 3PH-3W, NEMA 4X, 1000VDC, INTEGRATED AC-DC DISCONNECTS. UL LISTED WITH INTEGRAL ANTI-ISLANDING PROTECTION. COMPLIES WITHUL1741SA, CSA-C22.2 NO.107.1-01-2001, IEEE1547; FCC PART15, UL1699B (TYP.)PV ARRAY: CONSISTS OF PHOTOVOLTAIC MODULES GROUND MOUNTED ONPHOTOVOLTAIC SOLAR STRUCTURE (TYP.)INVERTER AC COLLECTION PANEL: EATON (O.A.E), BUS BAR RATING SIZED IN ACCORDANCE WITH CEC 705.12(B)(2)(3)(c).AC DISCONNECT: HEAVY DUTY, VISIBLE BLADE, FUSIBLE SAFETY SWITCH SUITABLE FOR SERVICE ENTRANCE USE. BOND NEUTRAL CONDUCTOR PER NEC 250.24(C). USE BUSSMAN KRP-C CLASS L FUSE FOR COMPLIANCE WITH 240.67.
SUPPLY SIDE CONNECTION PER CEC 705.12(A) & CEC 230.82(6). INSTALLCOOPER BUSSMAN (O.A.E.) CABLE LIMITERS WHERE SERVICE CONDUCTOR LENGTH EXCEEDS 10' AS PERMITTED BY NEC 705.31. ELECTRICAL CONTRACTOR TO CONFIRM CONDITION AND RATING OF EXISTINGSWITCHBOARD. NOTIFY ENGINEER IN CASE OF DISCREPANCY.
DATA ACQUISITION SYSTEM: COORDINATE WITH EPC PROJECT MANAGER FOR ADDITIONAL INSTALLATION REQUIREMENTS. NGOM IS FOR CUSTOMER MONITORING PURPOSES ONLY.IF ANY MODIFICATIONS ARE MADE TO THE BUS BAR TO COMPLETE THE LINE
SIDE TAP, A CERTIFIED UL INSPECTOR WILL COME AND WITNESS THE WORK BEING PERFORMED AND WILL PROVIDE AN INSPECTION REPORT AND ULRE-CERTIFICATION LETTER.
CONTRACTOR TO SUBMIT SUPPLY SIDE CONNECTION METHOD VIA RFI TOSOLVIDA FOR APPROVAL.
TRANSFORMER: 1,000KVA, 480V:12.47KV, GROUNDED-WYE CONNECTION ON INVERTER SIDE. BOND TRANSFORMER NEUTRAL TO GROUND.
TRANSFORMER: 1,000KVA, 12.47KV:480V
FOR GROUNDING OF INV-3, 4, & 11: FROM RACKING STRUCTURAL POST RUN #8 CU GEC TO THE INVERTER USING LAY-IN LUG. FROM THE INVERTER TO THE PV PNL-MAIN RUN #4 AL OR CU GEC. REFER TO GROUNDING DETAILS.
CAPACITOR BANK: POWERSIDE 200KVAR PACR02005.2/0B3R-W-B. NOMINALCURRENT IS 240A, UP TO 325A INCLUDING 135% SAFETY FACTOR.
EXISTING MAIN SWITCHBOARD SECTION TO BE UPGRADED TO 3000A.PROVIDED BY ENGIE SERVICES AND INSTALLED BY ELECTRICAL CONTRACTOR.
NGOM-OBVIUS METERING ASSEMBLY WITH VERIS UTILITY GRADE METER WITH 3 RIGID SPLIT CORE CTS
SEE MONITORING DIAGRAM "MON-3" FOR DETAIL
PG&E TO PROVIDE APPROVAL. RELAY PROTECTION SYSTEM IS FAIL SAFE AND SATISFIES THE INTENT OF PG&E TRANSMISSION HANDBOOK G2.2 (USES FAILSAFE CONTACTS, SYSTEM HAS AC UNDERVOLTAGE TRIP COIL, RELAY WILL
TRIP THE MAIN BREAKER ON LOSS OF AC POWER, HARDWARE FAULT AND PROGRAM FAULT UNDER 2 SECONDS)
23456789
101112131415161718
XFMR: T2
1000kVA
12.47kV:480V, N3R
Δ
CELLULAR
NETWORK
120V DAS POWER
FROM EXISTING PANEL
JB
ACDS-1
UTILITY AC DISCONNECTBOLTSWITCH MODEL
VLB 349 1600A, 1350A
FUSE, 600V, 3P, N3R
5 7
DAS
PV-METER
LOCATED AT ARRAY
PV-PNL MAIN
1600A, 480V,
3Ø, 4W, N3R
100A
4 1350A
XFMR: T1
1000kVA
480V:12.47kV, N3R
10 100A ΔY Y
LOCATED NEAR (E) MAIN SWITCHBOARD
11 18
22 23
25 25
250MCM AL
GROUNDING
ELECTRODE:
SEE 4/E-502
250MCM AL
GROUNDING
ELECTRODE:
SEE 4/E-502
250MCM AL
GROUNDING
ELECTRODE:
SEE 4/E-502
1 14
16 17
15 INV-1 60KW
1 3
AUX. XFMR
10 KVA
480V:120/240V
60A
AUX. SUB PANEL
30A, 120/240V,
1Ø, 3W, N3R
30A
RECEPTACLE
SPARE
20 12
BREAKERS FORINVERTERS 2-13
INV-14 60KW
1 3
12 (N) CAPACITOR BANK
200KVAR POWERSIDE
PACR02005.2/0B3R-W-B
CAP-DS
AC DISCONNECT
EATON DH365FRK
400A, 350A FUSE,
600V, 3P, N3R
13 500KW480V, 667A
(E) UTILITY AC
DISCONNECTBOLTSWITCH VLB
SERIES
MODEL VLB 369
EXISTING SOLAR
ADVANCED ENERGY
SOLARON-500
MODULE: REC SOLAR 220W
QTY: 2,632
500KW480V, 667A
ADVANCED ENERGY
SOLARON-500
MODULE: REC SOLAR 220W
QTY: 2,632
14 PLANT
CONTROLLER
CURTAIL @
M2 + M4 -
SITE LOAD
> 2000A
(E) 1600A
BREAKER
M4
IC
NGOM-2
M3
PG&E
NGOM-2
4W, 3PH
LOCATION TBD
PANEL S/N:
METER S/N:
CUSTOMERSECTION
PG&E
SECTION
SEL-351-7
SEL-351-7 OPENS
MAIN BREAKER
IN CASE OF PLANT
CONTROLLER
FAILURE
ENGIE SERVICES DATA
ACQUISITION SERVERACQUISUITE:
PANEL:
LOCATION:
RV-50 ROUTER MODEM
S/N:
RID:FLEX GATEWAY
S/N:
ETHERNET MAC:
CAT6 14AWG, 300V
4W, 3PH
PANEL S/N:
METER S/N:
15 16 17
15 16 17
PG&E KYZ
READER
EMITTER
SOLID STATE
INSTRUMENTS
PMC-1 KYZ
CONVERTER ETHERNET CAT6
SEL 3505 RTAC USED
FOR PV CURTAILMENT
ETHERNET
CAT6
RS485
M2
IC
NGOM-1
M1
PG&E
NGOM-1
(E) PVSB1600A, 277Y/480V, 3Ø, 4W
(E) XFMR: MVT1
500kVA
480V:4.16kV, N3R
(E) XFMR: MVT2
500kVA
480V:4.16kV, N3R
(E) XFMR: MVT
1000kVA
4.16kV:480V, N3R
18 PT SIZE TBD
CT SIZE TBD (N) UTYDS-1
2500A BOLTED
PRESSURE
SWITCH & FAST
ACTING FUSES
W/ AFGF RELAY
EATON#
CB2534B120480OR EQUIVALENT
25 19A OR 19B
21 21
INVERTER SCHEDULE
INV ID MFG MODEL
MODULE POWER MPPT: (STG) M/S STG MOD KWDC KWAC ILR MCOC (A) (W DC) 1 2 3 4 5 6 148 2664 1078.9 840.0 (D/A) 1010.8 A LOCATION INV-1 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2 INV-2 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2 ARRAY-1 INV-3 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2INV-4 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 ARRAY-2 INV-5 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2 INV-6 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2INV-7 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2 INV-8 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 ARRAY-3
INV-9 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 INV-10 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 INV-11 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 INV-12 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 INV-13 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 11 198 80.19 60 1.34 72.2 INV-14 SUNGROW SG60CX-US 405 (2) 18 (2) 18 (2) 18 (2) 18 (1) 18 (1) 18 10 180 72.9 60 1.22 72.2
PV MODULE SPECIFICATIONS
MANUFACTURER JINKOMODEL # JKM405M-72HL-VMAXIMUM DC VOLTAGE RATING 1000 VMAXIMUM SERIES FUSE RATING 20 A NOMINAL POWER (PMAX) 405 W
VOLTAGE AT MAX POWER (VMP) 40.42 V
CURRENT MAXIMUM POWER (IMP) 10.02 AOPEN CIRCUIT VOLTAGE (VOC) 49.4 VSHORT CIRCUIT CURRENT (ISC) 10.69 A TEMPERATURE COEFFICIENT OF VOC -0.29% /C
MAXIMUM DC VOLT CALC
MAXIMUM MODULES PER STRING (MPS) 18
VMP STRING (VMP X MPS) 727.56 V
T LOW -3 CT-DIFF: TSTC - TLOW = 25+3 28 C
VOC INCREASE AT TLOW (TDIFF X TCVOC) -0.0812 VVOC LOW (AT TLOW) 53.40 VVOC MAXIMUM STRING (VOC_LOW X MPS) 961.20 V
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Appendix B
Automated Document, Preliminary Statement A Page 1 of 1 Form 79-1069-02, Appendix B
Advice 4728-G/6900-E
March 2023
APPENDIX B
RULES “2” AND “21”
(Note: PG&E’s electric Rules “2” and “21” may be subject to such changes or modifications by the Commission as the Commission may, from time to time, direct in the exercise of its jurisdiction. PG&E’s tariffs, including Rules “2” and “21” can be accessed via the PG&E website at www.pge.com/tariffs. Upon request, PG&E can provide copies to Producer of Rules “2” and “21.”)
GENERATING FACILITY
INTERCONNECTION AGREEMENT
(MULTIPLE TARIFF NEM2MT)
Appendix C
Automated Document, Preliminary Statement A Page 1 of 1 Form 79-1069-02, Appendix C
Advice 4728-G/6900-E
March 2023
APPENDIX C (If Applicable)
RULE 21 “SPECIAL FACILITIES” AGREEMENT
(Formed between the Parties)
U 39 San Francisco, California
Revised Cal. P.U.C. Sheet No. 48686-E**
Cancelling Revised Cal. P.U.C. Sheet No. 42838-E
Electric Sample Form No. 79-702 Sheet 1
Agreement for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility-Owned Generation and/or
Electrical Standby Service -- APPENDIX A - Detail of Special Facilities Charges Advice 6050-E Issued by Submitted February 4, 2021
Decision Robert S. Kenney Effective February 4, 2021
Vice President, Regulatory Affairs Resolution
Please Refer to Attached
Sample Form
Form 79-702
Advice 4350-G/6050-E
† Information collected on this form is used in accordance with PG&E’s Privacy Polic\ The Privacy Policy is available at pge.com/privacy.
Automated Document, Preliminary Statement, Part A February 2021 Dated:__________________________
I. Applicability
The application of charges specified herein are pursuant to the provisions of this Agreement between___________ ___________________________________________ (Applicant) and Pacific Gas and Electric Company (PGandE) and shall be a part thereof and in effect until superseded by mutual written agreement.
II. Initial Charge
A. Net cost of all Special Facilities
$
B. Less the cost of "removable and reusable" Special Facilities which are provided, installed and financed by PGandE pursuant to Rule No. 21 $( )1 C. ADVANCE equal to PG&E's estimated installed Cost of Special Facilities which are financed by Applicant, including in lieu of cash payment, a credit for that portion of Special Facilities furnished and deeded to PG&E by Applicant (line A + line B) $( )
1 D. Less PG&E's estimate of the cost of Special Facilities provided, installed and deeded to PG&E by Applicant (includes costs of design and administration by PG&E) $( )
E. Plus the costs of design, administration and inspection by PG&E of Special Facilities provided, installed and deeded to PG&E by Applicant $ F. Plus REARRANGEMENT CHARGE which is equal to PG&E's estimated cost of rearranging existing facilities to accommodate the installation of Special Facilities $
G. Plus CIAC Tax if applicable (line C + line E+ line F x Applicable CIAC Tax2 of (________%) $
H. Initial Charge (does not include monthly Cost-of-Ownership Charge--see below $ III. Installed Cost of PGandE's Existing Facilities Allocated to Applicant's Use $ 1 * This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
1 Used in calculation of the monthly COST OF OWNERSHIP CHARGE or EQUIVALENT ONE-TIME CHARGE. 2 See the Income Tax Component of Contribution Provision in the Electric Preliminary Statement for the current applicable CIAC tax rate.
DISTRIBUTION
Division
Customer
Customer Billing
Accounting Ops.
Tariff Interpretation
REFERENCES
Agreement for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility-Owned Generation and/or Electrical Standby Service* APPENDIX – A
Detail of Special Facilities Charges
Automated Document, Preliminary Statement, Part A Page 2 of 3 Form 79-702
Advice 4350-G/6050-E
February 2021
APPENDIX A –
AGREEMENT FOR INSTALLATION OR ALLOCATION OF
SPECIAL FACILITIES FOR PARALLEL OPERATION ON
NONUTILITY-OWNED GENERATION
IV. Monthly COST OF OWNERSHIP CHARGE
Special Facilities Current
Financed By Application Base Percentage Rate3 Monthly Charge A. Applicant ADVANCE (II.C above equals 1. plus 2. below)
1. Cost of Distribution facilities..............$________ Less allowance for
Existing facilities................................$(________)4 ------------------------------------------------------------------------ Net amount .......................................$_________ x __________ = $____________/mo.
2. Cost of Transmission facilities...........$_________ Less allowance for
Existing facilities..............................$(_________)4 ------------------------------------------------------------------------- Net amount .....................................$__________ x __________ = $____________/mo. ____________________________________________________________________________________________ B. PG&E “Removable and Reusable” Special Facilities
(II.B above equals 3. plus 4. below)
3. Distribution facilities.........................$_________ x __________ = $____________/mo.
4. Transmission facilities.......................$_________ x __________ = $____________/mo. _____________________________________________________________________________________________ C. PG&E Existing Facilities Allocated as Special
Facilities (III. above equals 5. plus 6. below)
5. Distribution facilities.........................$_________ x __________ = $____________/mo.
6. Transmission facilities.......................$_________ x __________ = $____________/mo. _____________________________________________________________________________________________ D. Monthly COST OF OWNERSHIP CHARGE.............. ....................................................... .... $____________/mo.
V. EQUIVALENT ONE-TIME CHARGE (in lieu of monthly COST OF OWNERSHIP CHARGE); check [ ] if applicable $_______________/mo. (line IV.D) x 12 mo. x_____ (present worth factor).............................. $____________ _________________________________________________________________________________________________ Complete the following section only in conjunction with revision of this Appendix.
This Appendix A supersedes Appendix A dated _________________, 20____. The changes hereon are hereby agreed to by both parties on this________day of _________________, 20____. 3This percentage rate is set forth in PG&E's current electric Rule No. 2 and is subject to change upon authorization by the California Public Utilities Commission.
4Where Special Facilities displace PG&E's existing facilities, this allowance assures the exclusion of PG&E's existing ownership costs from Applicant's monthly COST OF OWNERSHIP CHARGE or EQUIVALENT ONE-TIME CHARGE.
Automated Document, Preliminary Statement, Part A Page 3 of 3 Form 79-702
Advice 4350-G/6050-E
February 2021
APPENDIX A –
AGREEMENT FOR INSTALLATION OR ALLOCATION OF
SPECIAL FACILITIES FOR PARALLEL OPERATION ON
NONUTILITY-OWNED GENERATION
This agreement is effective when accepted and executed by PG&E.
PACIFIC GAS AND ELECTRIC COMPANY
Company
Authorized by (Print) Authorized by (Print)
Signature Signature
Title Title
Date Date
Supervisor, Electric Grid Interconnection
-ulia +uanJ
U 39 San Francisco, California
Revised Cal. P.U.C. Sheet No. 48684-E
Cancelling Revised Cal. P.U.C. Sheet No. 47137-E
Electric Sample Form No. 79-280 Sheet 1
Agreement for Installation or Allocation of Special Facilities for Parallel Operation of Nonutility-Owned Generation and/or
Electrical Standby Service (Electric Rules 2 and 21)
Advice 6050-E Issued by Submitted February 4, 2021
Decision Robert S. Kenney Effective February 4, 2021
Vice President, Regulatory Affairs Resolution
Please Refer to Attached
Sample Form
† Information collected on this form is used in accordance with PG&E’s Privacy Policy. Page 1 of 3 The Privacy Policy is available at pge.com/privacy. Form 79-280 Advice 4350-G/6050-E
Automated Document, Preliminary Statement, Part A February 2021 Agreement for Installation or Allocation
of Special Facilities for Parallel
Operation of NonUtility-Owned
Generation and/or Electrical Standby
Service1
(Electric Rules 2 and 21)
DISTRIBUTION
Applicant
Division,
Const. Accounting
Accounting Ops
Tariff Interpretation
REFERENCES
QF Log #:
GM/WO #:
Premises #:
At the request of ____________________________________________________________________, (Applicant), PACIFIC GAS AND ELECTRIC COMPANY (PG&E) hereby agrees to furnish at Applicant's expense within a reasonable time certain facilities consisting of _________________________________________________ (Special Facilities). Such Special Facilities are expected to be necessary on or about ________________________________ for the interconnection of Applicant's electric generating plant with PG&E's system and/or PG&E's delivery of electrical standby service to Applicant's premises at _______________________________________________, County of _________________, State of California.
1. This Agreement includes Appendix A, Detail of Special Facilities Charges, which is attached and incorporated herein by reference. Appendix A may be revised or superseded by mutual written agreement and without formal amendment of the remainder of this agreement.
2. Applicant shall pay PG&E, on demand prior to commencement of any work by PG&E, an initial charge equal to the sum of the amounts which are specified in Appendix A.
3. Applicant also shall pay PG&E any applicable monthly rates and charges for service under PG&E's tariff schedules plus an ownership charge, either (a) or (b) below as specified in Appendix A, namely:
(a) COST-OF-OWNERSHIP CHARGE representing PG&E's continuing monthly cost of financing (if applicable), owning and maintaining Special Facilities; or (b) An EQUIVALENT ONE-TIME CHARGE which is equal to the present worth of the monthly COST-OFOWNERSHIP CHARGE in perpetuity. The COST-OF-OWNERSHIP CHARGE shall commence on the date Special Facilities are first available for Applicant's use, as such date is established in PG&E's records. PG&E will notify Applicant, in writing, of such commencement date. The EQUIVALENT ONETIME CHARGE (if applicable) shall be payable by Applicant to PG&E on demand.
4. The ownership charge set forth in paragraphs 3(a) or 3(b) herein is determined in accordance with the applicable percentage rates established in the Special Facilities section of PG&E's electric Rule 2, copy attached. Should the California Public Utilities Commission (Commission) subsequently authorize higher or lower percentage rates, the monthly COST-OF-OWNERSHIP CHARGE shall automatically increase or decrease without formal amendment to Appendix A as of the effective date of the Commission's authorization.
5. Where it is necessary to install Special Facilities on Applicant's premises, Applicant hereby grants to PG&E:
(a) the right to make such installation on Applicant's premises along the shortest practical route thereon with sufficient legal clearance from all structures now or hereafter erected on Applicant's premises; and (b) the right of ingress and egress from Applicant's premises at all reasonable hours for any purposes reasonably connected with the operation and maintenance of Special Facilities.
6. Where formal rights of way or easements are required on or over property of Applicant or the property of others for the installation of Special Facilities, Applicant agrees that PG&E shall obtain them at Applicant's expense, or if Applicant and PG&E agree otherwise, Applicant shall obtain any necessary permanent rights of way or easements, satisfactory to and without cost to PG&E.
7. PG&E shall not be responsible for any delay in completion of the installation of Special Facilities resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or regulatory agency, delay in obtaining necessary rights of way and easements, acts of God, or any other cause or condition beyond the control of PG&E, nor shall PG&E be liable for incidental, indirect, special, punitive, or consequential damages for any such delay. PG&E shall have the right, if for one of the above reasons it is unable to obtain materials or labor for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers, and any delay in construction, hereunder resulting from such allocation shall be deemed to be a cause beyond PG&E's control. In any event, PG&E's total liability for any delay in the completion of the installation of Special Facilities shall not exceed the amount of Special Facilities Charges paid by Applicant.
Automated Document, Preliminary Statement, Part A Page 2 of 3 Form 79-280
Advice 4350-G/6050-E
February 2021
Agreement for Installation or Allocation of Special
Facilities for Parallel Operation of NonUtility-Owned
Generation and/or Electrical Standby Service
(Electric Rules 2 and 21)
8. In the event that PG&E is prevented from completing the installation of Special Facilities for reasons beyond its control after twelve (12) months following the date of this Agreement, PG&E shall have the right to supersede this Agreement subject to Applicant's election as provided below upon at least thirty (30) days' written notice to Applicant and adjust any amounts paid or required to be paid by Applicant hereunder that may be due based on that portion of the Special Facilities then completed, if any, utilizing the estimated costs developed by PG&E for this Agreement. Such a superseding agreement, if any, shall be in substantially the same form as this agreement, be executed by both parties hereto, and shall provide that costs be allocated to the portion of the Special Facilities then completed, if any, consistent with those costs estimated by PG&E for this agreement. If Applicant elects not to execute a superseding agreement, this agreement shall be terminated and the provisions of paragraph 11 herein shall be applied to that portion of Special Facilities then completed, if any. Applicant also shall reimburse PG&E for any expenses it may have incurred for engineering, surveying, right of way acquisition and other work associated with that portion of Special Facilities not installed
9. If it becomes necessary for PG&E to alter rearrange or make addition to Special Facilities in order to maintain parallel operation of Applicant's generation or electrical standby service to Applicant's premises, Applicant shall be notified, in writing, of such necessity and shall be given the option to either terminate this Agreement upon thirty (30) days' written notice to PG&E, or to pay to PG&E additional Special Facilities charges consisting of:
(a) a facility termination charge for that portion of Special Facilities which is being removed because of alteration, rearrangement or addition to Special Facilities. Such charge to be determined in the same manner as described in paragraph 11 herein; plus,
(b) an additional ADVANCE and/or REARRANGEMENT CHARGE, if any for any new Special Facilities which shall be applied in the same manner as prescribed in paragraph 2 herein; plus, (c) a revised monthly COST-OF-OWNERSHIP CHARGE or EQUIVALENT ONE-TIME CHARGE based on the estimated installed costs of all new and remaining Special Facilities. Such revised monthly COST-OFOWNERSHIP CHARGE or EQUIVALENT ONE-TIME CHARGE shall be applies in the same manner as prescribed in paragraph 3 herein.
10. This Agreement shall become effective when executed by the parties hereto and, except as provided for in paragraphs 8 and 9 herein, shall remain in force until one of the following events occurs:
(a) a power purchase, parallel operation, electrical standby service or other form of agreement no longer exists between Applicant and PG&E which would occasion the need for Special Facilities; or (b) the ownership of Special Facilities or any portion thereof is deeded to a public authority; or (c) Applicant fails to pay the monthly COST-OF-OWNERSHIP CHARGE prescribed in the Agreement, if applicable.
Either party shall provide the other at least thirty (30) days' written notice of termination pursuant to this paragraph.
11. Upon termination of the Agreement for any reason:
(a) Applicant shall pay to PG&E on written demand (in addition to all other monies to which PG&E may be legally entitled by virtue of such termination) a facility termination charge defined as the estimated installed cost, plus the estimated removal cost less the estimated salvage value for any Special Facilities which can be removed, all as determined by PG&E in accordance with its standard accounting practices. PG&E shall deduct from the facility termination charge the ADVANCE plus the unamortized balance of the EQUIVALENT ONE-TIME CHARGE previously paid, if any. If the ADVANCE paid plus the unamortized balance of the EQUIVALENT ONE-TIME CHARGE, if any, is greater than the facility termination charge, PG&E shall refund the difference, without interest to Applicant; and (b) PG&E shall be entitled to remove and shall have a reasonable time in which to remove any portion of the Special Facilities located on the Applicant's premises; and (c) PG&E may, at its option, alter, rearrange, convey or retain in place any portion of the Special Facilities located on other property off Applicant's premises. Where all or any portion of the Special Facilities located off Applicant's premises are retained in place in anticipation of providing permanent service to customers of PG&E, an equitable adjustment shall be made in the facility termination charge.
Automated Document, Preliminary Statement, Part A Page 3 of 3 Form 79-280
Advice 4350-G/6050-E
February 2021
Agreement for Installation or Allocation of Special
Facilities for Parallel Operation of NonUtility-Owned
Generation and/or Electrical Standby Service
(Electric Rules 2 and 21)
12. In the event any of the Special Facilities are used during the term of this Agreement to provide permanent service to customers of PG&E, an adjustment shall be made in accordance with PG&E's electric Rule 21, copy attached.
13. Special Facilities shall at all times be the property of PG&E.
14. As provided in PG&E's electric Rule 14, copy attached, PG&E does not guarantee electrical standby service to be free from outages, interruptions or curtailments and the charges for Special Facilities represent PG&E's cost associated with providing Special Facilities rather than for a guaranteed level of service or reliability.
15. Applicant may, with PG&E’s written consent, assign this Agreement if the assignee thereof will agree in writing to perform Applicant’s obligations hereunder. Such assignment will be deemed to include, unless otherwise specified therein, all of Applicant’s rights to any refunds which might become due upon discontinuance of the use of any Special Facilities.
16. This Agreement shall be subject to all of PG&E's applicable tariffs on file with and authorized by the Commission, and shall at all times be subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction.
Dated this __________ day of __________________, 20_____.
This agreement is effective when accepted and executed by PG&E.
PACIFIC GAS AND ELECTRIC COMPANY
Customer/Company
Authorized by (Print) Authorized by (Print)
Signature Signature
Title Title
Date Date
Mailing Address:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Attachments:
Electric Rule 2
Electric Rule 14
Electric Rule 21
Appendix A
Supervisor, Electric Generation Interconnection
-ulia +uanJ
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 19, 2025
_________________________________ Agenda Number: ____________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Four Easement Deeds for Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
RECOMMENDATION:
Adopt a Resolution Approving Four Agreements for Purchase and Sale of Real Property with the Property Owners and Authorizing the City Clerk to Execute the Certificate of Acceptance and Record the Easement Deeds
SUMMARY:
Right-of-Way (ROW) acquisition from several parcels of land is necessary for the Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761 (Project). Four are presented at this time. The agreements and easement deeds have been executed by the property owners and they are recommended for approval. The value of the land for the acquisition of the four parcels is $4,998.04. Funds for the ROW acquisition are included in the City’s Fiscal Year (FY) 2024/25 Budget for the project.
DISCUSSION:
The scope of the project consists of installation of sidewalk improvements at various locations in the City. The project includes excavation of native soil, roadway excavation, demolition of concrete improvements, installation of curb ramps, curb and gutter, drive approaches, asphalt backpatch to new curb and gutter, tree removal, fence relocation, and adjusting utility boxes to grade. ROW acquisition is necessary from owners of fourteen parcels; four have been approved and executed by the property owners. All 14 parcels require a partial land acquisition to construct City standard curb access ramps and/or sidewalks. For parcel locations see Location Map attached to report.
Approved by:
_________________________________
Keith Helmuth, Department Director
B-11
The land acquisition and improvements from the subject parcels are listed in Table 1.
Table 1: ROW Impacts & Costs
APN Area
(Square Feet) Cost
009-073-020 55 $500
009-020-011 4 $500
009-042-007 1 $500
009-041-011 7 $500
The City follows Caltrans guidelines for minor acquisition takes. Caltrans Local Assistance Procedures Manual indicates that when the City determines that the valuation is uncomplicated and the market value is estimated at $10,000 or less, based on a review of available data, a formal appraisal report is not required. This is consistent with City Administrative Policy No. AP-48 for waiver of formal appraisals on certain real property and to acquire said parcels by sale or donation where such parcels or portions thereof to be acquired do not have fair market value in excess of $2,500. Valuations were prepared by City staff, based on a review of available data and recent appraisals of residential property for other City projects.
The formal offer and acquisition information, Purchase and Sale of Real Property Agreement and easement Deeds with a description of the interest in land to be acquired have been presented to all of the property owners.
On October 21, 2021, the City determined that the project is Categorically Exempt under Article 19, Section 15301 (c) of the Guidelines for California Environmental Quality Act (Minor alteration of existing public facilities).
FINANCIAL IMPACT:
There will be no impact to the City’s General Fund for the ROW and construction costs for this project. The right of way acquisition is funded from the Local Transportation Funds programmed in the FY 2024/25 Capital Improvements Project Budget. Construction will be funded by the Affordable Housing and Sustainable Communities (ASHC) Grant.
ALTERNATIVES:
City Council may choose to reject the ROW acquisition. The rejection of ROW acquisition would result in the inability to install City Standard curb access ramps at the identified corners and therefore our inability to complete the project potentially jeopardizing funds.
ATTACHMENTS:
1. Resolution
Exhibit 1 – Agreements and Deeds
Exhibit A – Agreement (514 Clinton Street, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit B – Agreement (501 N Schnoor Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit C – Agreement (1920 Julius Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit D – Agreement (417 N. Schnoor Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit 2 - Property Owner List
2. Location Map
Attachment 1
Resolution
RESOLUTION NO. 25-_________
A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING FOUR AGREEMENTS FOR PURCHASE AND SALE
OF REAL PROPERTY WITH THE PROPERTY OWNERS AND AUTHORIZING
THE CITY CLERK TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND
RECORD THE EASEMENT DEEDS FOR SIDEWALK IMPROVEMENTS AT
VARIOUS LOCATIONS CITY PROJECT R-94 BID PACKAGE 3 PHASE 2 AHSC AGREEMENT NO. 19-AHSC-12761
WHEREAS, a project is programmed in the Fiscal Year 2024/25 Capital Improvement Program (CIP) to install sidewalks at various locations and is identified as “Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761” (Project); and
WHEREAS, the Project requires the acquisition of right-of-way from four parcels of land to construct sidewalks and curb access ramps in the Project area; and WHEREAS, the four property owners of record, listed in Exhibit 2 attached hereto, have offered for sale to the City of Madera the interest in real property necessary for the Project; and WHEREAS, the property to be acquired is more specifically described in the legal description included in each Agreement for Purchase and Sale of Real Property (Agreement) and attached to each Easement Deed; and
WHEREAS, the purchase price offered for the properties has been established per square foot in accordance with the City’s recent acquisitions for commercial and residential properties; and
WHEREAS, on October 21, 2021, the City determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301(a-e) of the CEQA Guidelines; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council of the City of Madera approves the four Agreements for Purchase and Sale of Real Property and accepts the Easement Deeds,
3. The four Agreements, copies of which are attached hereto as Exhibit 1 and referred to for particulars, are approved.
4. The City Clerk is authorized to prepare the Certificate of Acceptance for the Easement Deeds.
5. The Finance Director is authorized to make the payment for the land acquisition in the amounts shown in the attached Exhibit 2.
6. The City Engineer with the agreement of the City Manager and City Attorney is authorized to make non-material or technical corrections to documents required for implementation of the agreements.
7. This resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT 1
Agreements and Deeds
Exhibit A – Agreement (514 Clinton Street, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit B – Agreement (501 N Schnoor Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit C – Agreement (1920 Julius Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit D – Agreement (417 N. Schnoor Ave, Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
EXHIBIT A
Agreement
(514 Clinton Street, Madera, CA 93637)
EXHIBIT B
Agreement
(501 N. Schnoor Ave, Madera, CA 93637)
EXHIBIT C
Agreement
(1920 Julius Ave, Madera, CA 93637)
EXHIBIT D
Agreement
(417 N. Schnoor Ave, Madera, CA 93637)
EXHIBIT 2
Property Owners List
PROPERTY OWNER LIST
RIGHT OF WAY ACQUISITION
For
SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS CITY PROJECT NO. R-94 BID PACKAGE 3 PHASE 2 AHSC AGREEMENT NO. 19-AHSC-12761
APN PROPERTY OWNER/ADDRESS AMOUNT
009-073-020 Raul Salazar $500.00
415 Amerine Ave
Madera, CA 93637
009-020-011 Michael Badella $500.00
Molly Badella
501 N. Schnoor Ave
Madera, CA 93637
009-042-007 William Coate $500.00
Mary Coate
1920 Julius Ave
Madera, CA 93637
009-041-011 Olga Lopez Saracino $500.00
417 N. Schnoor Ave
Madera, CA 93637
Attachment 2
Location Map
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 19, 2025
_________________________________ Agenda Number: __________ Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:
2024 Wastewater Treatment Plant Improvements Escrow Agreement for Security in Lieu of Retention
RECOMMENDATION:
Adopt a Resolution approving Escrow Agreement for security in lieu of retention with Gateway Pacific Contractors for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24- 01 SUMMARY:
Gateway Pacific Contractors (Contractor) for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 (Project) has exercised the option to request substitution of securities in lieu of withheld retention per section §22300 of the California Public Contract Code.
The purpose of retention is to ensure that the contractor properly completes the activities required under the contract.
In this case, the Contractor has requested that the five percent retention withheld from each monthly progress payment be deposited into an escrow account. At the project's close, providing the Contractor satisfactorily performed under the terms of the contract, the funds and any interest earned will be released to the Contractor upon written verification from the City of Madera (City).
DISCUSSION:
On December 4, 2024, the City Council awarded a contract for construction of the Project to the Contractor. Following the award of this contract, the Contractor submitted a Request for Substitution of Securities in the form of an Escrow Agreement as allowable under the form, manner, and subject to the conditions provided in Division 2, Part 5, Section 22300 Paragraph (b) B-12
of the Public Contract Code of the State of California which states, “Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under contract …”
Per the Contract, five percent of the money earned with each progress payment will be withheld from the contractor to ensure performance under the contract. Typically, these funds are held by the City until satisfactory completion of the project. These funds are then released, in the form of a check, to the contractor 35 days after filing the Notice of Completion. With approval and execution of the requested Escrow Agreement for Security Deposit In lieu of Retention, the five percent retention will now be deposited with the escrow account at the same time the City issues each progress payment. The City can access these funds in case of default under the contract, and no funds can be released to the Contractor without written consent from the City.
The agreement has been reviewed as to form and complies with Section 22300 of the Public Contract Code.
FINANCIAL IMPACT:
Approval of this escrow agreement will result in a nominal loss of interest income that would typically be earned from the holding retention payments. However, this is authorized per section §22300 of the Public Contract Code, which the City must adhere to.
ALTERNATIVES:
The option for the Contractor to request securities in lieu of withheld retention is allowed per Public Contract Code; as such, Council doesn’t have discretion to deny the request. However, Council could not approve the item and provide staff with further direction for consideration.
ATTACHMENTS:
1. Resolution approving Contract
Exhibit A – Agreement
Attachment 1
Resolution
RESOLUTION NO. 25-
A RESOLUTION APPROVING ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION WITH GATEWAY PACIFIC CONTRACTORS FOR THE 2024 WASTEWATER TREATMENT PLANT IMPROVEMENTS
PROJECT WWTP 24-01 AND AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENT ON BEHALF OF CITY, IN ADDITION TO AUTHORIZING THE
CITY ENGINEER TO EXECUTE ASSOCIATED PROJECT DOCUMENTS ON
BEHALF OF THE CITY
WHEREAS, the City of Madera entered into a construction agreement for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 with Gateway Pacific Contractors “Contractor”, on December 4, 2024; and
WHEREAS, in accordance with Division 2, Part 5, Section 22300 of the California Public Contract Code the Contractor may, at his request and expense, substitute securities in lieu of withheld retention earnings; and
WHEREAS, the Contractor has requested the City enter into an Escrow Agreement for deposit of the five percent performance retention earnings typically withheld throughout progress on the project as further described in the Escrow Agreement for Security Deposit in Lieu of Retention; and
WHEREAS, the Public Contract Code ensures that the funds are not released to the Contractor until receipt of written verification from the City of Madera, as Owner of the project, of satisfactory completion of the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The Escrow Agreement for Security Deposits in Lieu of Retention with Gateway Pacific Contractors, for the 2024 Wastewater Treatment Plant Improvements, Project WWTP 24-01,a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.
3. The Mayor is authorized to execute the agreement on behalf of the City.
4. The City Engineer is authorized to execute associated project documents on behalf of the City.
5. This Resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Agreement
Madera City Council Meeting
February 1ϵ, 202ϱ
Agenda Item: E-1
Select Recipient for the Proclamations in the month of March Recommendation: Request for Council͛s Selection of a Recipient for the Proclamation Recognizing Red Cross Month and a Proclamation Recognizing tomen͛s History Month (Report by Alicia Gonzales)
There is no written report for this item.