HomeMy Public PortalAbout2011.07.27 Fogglifter Solar Energy Project ContractSOLAR ENERGY PROJECT CONTRACT
This Solar Energy Project Contract, hereinafter referred to as "Contract", is made and
entered into this /7 ►► day of 1j ,/tif , 2011, by and between the City of McCall, an
Idaho municipal corporation, hereinafterleferred to as the "City" and Fogglifter Cafe ,
hereinafter referred to as the "Project Partner".
PREMISES
WHEREAS, City has received American Recovery and Reinvestment Act (ARRA)
funding , through a Renewable Energy Enterprise Zone grant ("REEZ" grant) from the Idaho
Office of Energy Resources (OER) to facilitate the installation of photovoltaic and solar water
heating systems; and
WHEREAS, the City and OER have executed a contract for the REEZ grant which specifies that
the minimum total rated photovoltaic capacity to be installed for the entire project is 30kW; and
WHEREAS, City has entered into a Contract with Aurora Power & Design, Inc.
("Aurora") to design and install solar energy systems at various buildings in McCall; and
WHEREAS, Project Partner has been accepted by City to participate in the REEZ
Program and desires to install solar energy systems; and
WHEREAS, Project Partner has worked with Aurora to design a system suitable to
Project Partner's needs; and
WHEREAS, the Project Partner's system design will contribute 1.645kW of the total
minimum rated photovoltaic capacity of 30kW; and
WHEREAS, Project Partner is ready, willing and able to pay thirty percent (30%) of the
project cost attributable to the installation of a solar energy project at Project Partner's building.
IN CONSIDERATION of the agreements contained herein and for other good and
valuable consideration, City and Project Partner agree as follows:
1. The total project cost for the installation at 1003 N. 3`d Street, McCall, Idaho, as
reflected for the design and specifications set out in Exhibit A, is the sum of
$12,634. City agrees to pay seventy percent (70%) of this cost, upon completion,
in the amount of $8,843.80. Payment will be made directly to Aurora in
accordance with the terms of the existing contract between the City and Aurora.
SOLAR ENGERY PROJECT CONTRACT — PAGE 1
Project Partner agrees to pay thirty percent (30%) of the total cost, in the amount
of $ 3,790.20. Payment by Project Partner shall be made to the City
contemporaneously with Project Partner's execution of this agreement. City shall
hold said funds in trust for Project Partner and disburse to Aurora in accordance
with the terms of City's contract with Aurora. In addition to the 30% match,
Project Partner shall pay any required permit fees or zoning application fees.
2. The total project cost will only be adjusted if there are written change orders that
have been agreed to by the City, Aurora and the Project Partner. Cost savings or
increases shall be shared in the same proportions (70%/30%) as set out in
paragraph 1 above.
3. In the event that after this date, the Project Partner requests a project that is
different from that set forth in Exhibit A, or increases the amount of work to be
done, or equipment to be furnished, the Project Partner shall be solely responsible
for the increased cost. The Project Partner shall promptly pay to City, within five
(5) days of directing the increased project, the additional sum necessary to cover
the increased cost. City will hold the increased payment for payment to Aurora.
4. For the expected life of the installed system, the Project Partner agrees to maintain
and operate the system in accordance with all manufacturers' specifications. For
the purposes of this agreement, the expected life of a system is at least equal to
the longest warranty that is provided for any piece of the equipment. A11
manufacturers' warranties shall be transferred to the Project Partner upon
completion. The Project Partner agrees that the City makes no warranties of any
kind whatsoever, express or implied, and the Project Partner will look solely to
the manufacturer's warranties to deal with any claims related to that equipment.
5. The Project Partner agrees to cooperate with Aurora to schedule the installation of
the equipment, to make arrangements for access to all the Project Partner's
facilities as necessary to perform the work, and to furnish electricity as may be
needed for power tools and other equipment.
6. The Project Partner is solely responsible for negotiation and execution of any net
metering agreements with Idaho Power Company, and Project Partner is also
responsible for any and all fees that may be charged by Idaho Power Company in
connection with the net metering agreement. The City makes no warranties or
representations regarding net metering agreements.
SOLAR ENGERY PROJECT CONTRACT - PAGE 2
7. This constitutes the entire agreement between the Project Partner and the City.
Any modification to this agreement must be in writing, duly authorized by the
Project Partner and the McCall City Council.
8. NOTICES: A11 notices required to be given to each of the parties hereto under
the terms of this Agreement shall be given by depositing a copy of such notice in
the United States mail, postage prepaid and registered or certified, return receipt
requested, to the respective parties hereto at the following address:
City:
City of McCall
Attn: City Manager
216 E. Park St.
McCall, ID 83638
Project Partner: Fogglifter Cafe
Attn: Steve Binninger
1003 N. 3rd Street
McCall, ID 83638
or to such other address as may be designated by writing delivered to the other
party. A11 notices given by certified mail shall be deemed completed as of the
date of mailing except as otherwise expressly provided herein.
9. REPRESENTATIONS: It is understood and agreed by and between the parties
hereto that there are no verbal promises, implied promises, agreements,
stipulations, representations or warranties of any character excepting those set
forth in this Agreement.
10. BINDING EFFECT: The provisions and stipulations hereof shall inure to the
benefit of and bind the heirs, executors, administrators, assigns and successors in
interest of the respective parties hereto.
11. ATTORNEY FEES: In the event an action is brought to enforce any of the
terms or provisions of this agreement, or enforce forfeiture thereof for default
thereof by either of the parties hereto, the successful party to such action or
collection shall be entitled to recover from the losing party a reasonable attorney
fee, together with such other costs as may be authorized by law.
12. ENTITY AUTHORITY: Each individual executing this Agreement on behalf of
an entity represents and warrants that he or she is duly authorized to execute and
deliver this Agreement on behalf of said entity in accordance with duly adopted
SOLAR ENGERY PROJECT CONTRACT - PAGE 3
organizational documents or agreements and if appropriate a resolution of the
entity, and that this Agreement is binding upon said entity in accordance with its
terms, and said individual shall cause, within five days after execution of this
Agreement, deliver to the other party a certified copy of proof of such authority of
said entity authorizing or ratifying the execution of this Agreement and, if a
corporation, partnership, limited partnership or limited liability company, then a
Certificate of Good Standing issued by the Secretary of State of the state of said
corporation's incorporation dated not earlier than thirty (30) days prior to the
execution hereof, along with proof of qualification to do business in Idaho.
13. SITUS: This is established and accepted under the laws of the State of Idaho, and
all questions concerning its validity, construction and administration shall be
determined under such laws.
14. ENTIRE AGREEMENT: The parties agree that this agreement constitutes the
entire agreement between the parties hereto.
15. HEADINGS: The bolded paragraph headings are for convenience only and are
not a part of this agreement and shall not be used in interpreting or construing this
Lease agreement.
16. SEVERABILITY: If any portion or portions of this agreement shall be, for any
reason, invalid or unenforceable, the remaining portion or portions shall
nevertheless be valid, enforceable and carried into effect, unless to do so would
clearly violate the present legal and valid intentions of the parties hereto.
IN WITNESS WHEREOF, the City and Project Partner do execute this Agreement the
day and year first above written.
CITY:
THE CITY OF McCALL
SOLAR ENGERY PROJECT CONTRACT - PAGE 4
PROJECT PARTNER:
FOGGLIFTER CAFE
Steve Binninger, owner
t
•
undersigned Not
known or identified
l7 6.yd4
that such
(SE
STATE OF IDAHO, )
: ss:
County of Valley,
On this .71(S2' day ofD , in the year of 2011, before me the
undersigned Notary Public in and for e stag of Idaho, personally appeared Donald C. Bailey
and BessieJo Wagner, known or identified to me to be the Mayor and the City Clerk of the City
of McCall, that executed the said instrument, and acknowledged to me that such City of McCall
executed th "''um
(SEAL
STATE OF IDA
: ss:
County of Valley,
On thiscr
a day of
Public in and
Notary Public fo
My Commission E
, in the year of 2011, before me the
for the state of Idaho, personally appeared
and
me to be the /)1.$4I-04and the O.,,,,tzf...-t ' of
, that executed the said instrument, and acknowledged to me
executed the same.
SHERRY L. MAUPI1‘4
NOTARY PUBLIC
STAFF OF IDAHO
$-7
Notary Public fordaho /
My Commission Expires: l0l/.41// .
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SOLAR ENGERY PROJECT CONTRACT - PAGE 5
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Exhibit A
Fogglifter Cafe
1003 N 3rd St, McCall, ID
System Size: 1.645 kW Solar PV System
Roof Angle: 37 deg
Building Service Voltage: 120/240VAC
Obstructions: 1 Tree shown on diagram
Special Notes:
Roof is metal with plenty of space for solar system. South facing roof is excellent for
flush mount system. Has plenty of space in service panel next to meter outside. Doesn't
mind exterior mounted conduit. May need to remove tree for shading issues.
t
7'2'
•
8'2"
i
12'3
❑ Vent
Existing 50
gal tank in
basement O
Meter and
Service
Panel
Outside
37 8
15'
b
Tree
• 10'
I
I� 30'4" •-1
Weather head for -y
0'3" ►
12'3"
AC wiring penetration 1.--.-1313 1/8'
°-«r 0 3"
4'5"
_, - �««.11.____116,43,1,2,i:.
13'10"
IS
Se
25'4"
10'3 3/4"
6'1 1/4"
t
120/240 Service
Panel
Location of AC
Disconnect
a
13'10"
IS
Se
25'4"
10'3 3/4"
6'1 1/4"
t
120/240 Service
Panel
Location of AC
Disconnect
a
TAG DESCRIPTION UNITS PART NUMBER
1
2
3
4
5
6
7
8
Solar Module
Micro Inverter
Inverter Branch Cable
7
7
1
NOTES
Schott Poly 235 olar panel will be plugged directly into micro inverters mounted behind
M210-84-240-S12 The 7 inverters will all be plugged into one single branch
J-box / AC Disconnect
Gen Meter (if used)
AC Disconnect
Service Panel
Utility Meter
1
N/A
1
N/A
A weather head will be used to penetrate the roof instead of a j-box
Not Used
Seamens 30A 30A AC Lockable disconnect with pull switch
r
i
120/240 VAC Service with exterior mounted Breakers
L__,.....__
r
J-Box /
Fused
Disconnect
as
Number of Branches
Number of Panels
Panel Watts
Inverter Watts
I
f
I
I
I
I
I
I
SYSTEM TYPE: ❑ 208/120 3-phase
p 240/120 1-phase
AC
Disconnect
UTILITY
SERVICE
Service Panel
Building
"ff Grounding
Electrode
TAG
1
2
DESCRIPTION OR CONDUCTOR
TYPE
BARE COPPER GROUND
THWN-2 / XHHW-2
RHW-2 / ROMEX / SOOW
CONDUCTOR
GAUGE
6 ga.
12 ga.
NUMBER OF
CONDUCTORS
1
4
CONDUIT
TYPE
N/A
N/A
CONDUIT
SIZE
N/A
N/A
Aurora Power & Design
3412 N 36th Street
Boise, ID 83703-4612
208-368-0947
www.aurorapower.net
One -Line Standard Electrical Diagram for Micro
Inverter PV Systems
3
jHWN-v/ XHHW-2
RHW-2 / ROMEX /
12 ga.
4
EMT
1/2"
Drawn By:
Derek Jackson
Site Name: Foglifter Cafe
4
THWN-/ XHHW-2
RIB--2 / ROMEX /
12 ga.
4
EMT
1/2"
Checked By:
Michael Leonard
Site Address: 1003 N 3rd St
McCall, ID 83638
System Size: 1,645 W
DWG NO 1.1 'Scale: NTS
Date 04 / 29 /2011