HomeMy WebLinkAboutAgreement A-20-064 ESA Solar.pdfENERGY SERVICES AGREEMENT – SOLAR
FRESNO COUNTY – JUVENILE JUSTICE CAMPUS
This Energy Services Agreement (“Agreement”) is made and entered into as of this ____ day of February, 2020 (or,
if later, the latest date of a Party’s execution and delivery to the other Party of this Agreement, the “Effective Date”),
between FFP BTM SOLAR, LLC, a Delaware limited liability company (“ForeFront Power” or “Provider”), and the
County of Fresno, a political subdivision of the State of California (“Purchaser”); and, together with ForeFront Power,
each, a “Party” and together, the “Parties”.
RECITALS
A.Purchaser desires that ForeFront Power install and operate a solar photovoltaic system at the Premises (as
hereafter defined) for the purpose of providing Energy Services (as hereafter defined), and ForeFront Power
is willing to do the same;
B.ForeFront Power and Purchaser acknowledge those certain General Terms and Conditions of Energy Services
Agreement between FFP BTM Solar, LLC and Purchaser dated as of February ___,2020 (“General
Conditions”), which are incorporated by reference as set forth herein; and
C.The terms and conditions of this Energy Services Agreement, excluding the General Conditions incorporated
herein, constitute the “Special Conditions” referred to in the General Conditions.
In consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.Incorporation of General Conditions. The General Conditions are incorporated herein as if set forth in their
entirety.
2.Initial Term. The Initial Term of the Agreement shall commence on the Effective Date and shall continue
for Twenty (20) years from the Commercial Operation Date (as defined in the General Conditions), unless
and until extended or terminated earlier pursuant to the provisions of the Agreement. After the Initial Term,
the Agreement may be renewed for one (1) additional five (5) year term (a “Renewal Term”). At least one
hundred and eighty (180) days, but no more than three hundred and sixty-five (365) days, prior to the
expiration of the Initial Term, ForeFront Power shall give written notice to Purchaser of the availability of
the Renewal Term. Purchaser shall have sixty (60) days from receipt of that notice to agree in writing to
continuation of the Agreement for the Renewal Term. Absent Purchaser’s written agreement to the Renewal
Term this Agreement shall expire on the Expiration Date. The Initial Term and the subsequent Renewal
Term, if any, are referred to collectively as the “Term”.
3.Schedules. The following Schedules hereto are hereby incorporated into this Agreement:
Schedule 1 Description of the Premises, System
and Scope of Work
Schedule 2 Energy Services Payment
Schedule 3 Early Termination Fee
Schedule 4 Estimated Annual Production
Schedule 5 Notice Information
Schedule 6 Site-Specific Information and
Requirements
Schedule 7 Specific Items for Scope of Work
Schedule 8 System Layout
Agreement No. 20-064
4th
4th
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4.Privacy. Purchaser acknowledges that the System may collect certain information about Purchaser’s
electricity usage and the System performance. This information includes how much the System is producing,
how much energy the County is consuming, and overall System performance. Such information, which shall
be de-identified, may be stored and processed in the United States or any other country in which ForeFront
Power or its third-party service ForeFront Powers, or its or their respective affiliates, subsidiaries, or service
ForeFront Powers, maintain facilities. Purchaser consents to any such transfer of information outside of
Purchaser’s country.
5.Milestone Dates.
5.1 The Construction Start Date shall be two hundred and seventy (270) days from the Effective Date,
assuming a CEQA Notice of Exemption is obtained.
5.2 The Guaranteed Commercial Operation Date shall be two hundred and forty (240) days from
Construction Start Date.
6.Purchase Requirement; Energy Services Payment. Purchaser agrees to purchase one hundred percent (100%)
of the Energy Services generated by the System and made available by ForeFront Power to Purchaser during
each relevant month of the Term, up to a maximum of one hundred and ten percent (110%) of Estimated
Annual Production, as defined in Schedule 4. While the Energy Services are calculated and billed on a per
kWh basis as set forth in Schedule 2 of these Special Conditions, they represent a package of services and
benefits (i.e. fixed rate regardless of time of use and access to monitoring services). Purchaser is entitled to
exclusive ownership of any and all Environmental Attributes arising from or associated with all of the Energy
Services, and has the exclusive right to sell those Environmental Attributes as Purchaser sees fit, without
notice to ForeFront Power or any Financing Party, and without any obligation to compensate ForeFront
Power or any Financing Party.
7.Estimated Annual Production. The annual estimate of electricity generated by the system for each year of
the initial term is set as forth in Schedule 4 of the Special Conditions (“Estimated Annual Production”).
Within sixty (60) days of each annual anniversary of the Commercial Operation Date, ForeFront Power shall
provide a statement to Purchaser that shows the actual annual kWh production from the System for the Term
Year, the Estimated Annual Production, and the Minimum Guaranteed Output (as defined below), although
ForeFront Power shall provide to Purchaser access to real-time monitoring of the System Output throughout
the duration of this Agreement.
8.Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the
Estimated Annual Production for a full Term Year (such amount, the “Minimum Guaranteed Output”), other
than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption
Period), or an Event of Force Majeure, ForeFront Power shall credit Purchaser an amount equal to
Purchaser’s Lost Savings on the next invoice or invoices during the following Term Year. The formula for
calculating Lost Savings for the applicable Term Year is as follows:
Lost Savings = (MGO*WPR - AE) x RV
MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable
Term Year.
WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro-
forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00.
AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year, plus
the estimated lost energy production during a Disruption Period, using actual production for a
similar time period as a basis for the estimate.
RV = (ATP - kWh Rate)
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ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser to the Local
Electric Utility with respect to the Premises. This price is determined by dividing the total cost for
delivered electricity, including all charges associated with such electricity howsoever named,
including, without limitation, charges for distribution, transmission, demand, and systems benefits,
paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered
electricity by the electric utility during such Term Year.
kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh.
If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall
occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred.
By way of example only, the Lost Savings would be as follows with the following assumptions:
Lost Savings [Year 5] = (376,724 [MGO*WPR – AE]) x 0.0215 [RV] = $8,100
MGO = 6,710,943 kWh [Year 5 Estimated Production x 95%]
WPR = 0.98 [Assumes insolation slightly less than pro-forma]
AE = 6,200,000 kWh [Assumes actual delivery of 6,200,000 kWh and no Disruption Period]
RV = $0.0215 [Year 5 ATP – Year 5 kWh Rate]
ATP = $0.09 [Assumes all-in tariff rate in Year 5]
kWh Rate = $0.0685 [Year 5 kWh Rate set forth in Schedule 2]
9.Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the General Conditions to the
contrary, during years 4 through 20 (but not years 1 through 3) of the Term, Purchaser shall be afforded a
one-time allocation of fifteen (15) days which may be used consecutively or in separate periods of at least
twenty-four (24) hours each (“Allowed Disruption Time”) during which the System shall be rendered non-
operational. Purchaser shall notify ForeFront Power in writing at least ten (10) days in advance of any days
it plans to use for Allowed Disruption Time. Purchaser shall not be obligated to make payments to Forefront
Power for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to
reimburse Forefront Power for any other lost revenue during the Allowed Disruption Time, and Forefront
Power shall be credited for the estimated lost production the System would have produced during such
Allowed Disruption Time toward satisfaction of its Minimum Guaranteed Output, as set forth in Section 8 of
the Special Conditions, such estimated lost production to be calculated in the same manner as set forth in
Section 4.3 of the General Conditions.
10.Sunlight Easements. Purchaser shall take all reasonable actions as necessary to prevent other buildings,
structures or flora from overshadowing or otherwise blocking access of sunlight to the System including but
not limited to preventing buildings, structures or flora over 6’ from being within proximity of the System
fence line at a distance of two times the height of any such structure from the south and four times the distance
of any structure to the east and west.
11.Use of System. Purchaser shall not use electrical energy generated by the System for the purposes of heating
a swimming pool within the meaning of Section 48 of the Internal Revenue Code.
IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this
Agreement and intending to be legally bound hereby, Forefront Power and Purchaser have executed this Agreement
as of the Effective Date.
FFP BTM SOLAR, LLC
By:
Name: -~P-au ... 1_.w_,_a ... l.,..ke,..r _________ _
Title: Vice President
Date: January 15, 2020
FOR ACCOUNTING USE ONLY :
Fund: 1045
Subclass: 10000
ORG: 8935
Account: 7431
By
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COUNTY OF FRESNO
Ernest Buddy Men~ Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
~~
Deputy ~
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SCHEDULES
I.Schedule 1 – Description of the Premises, System and Subsidy
A.Premises The Premises is within the area delineated in Schedule 8, below, for
the System, also identified herein as the Solar System.
Site diagram attached: X Yes No
B.Description of Solar System
Behind the meter, net energy metering, ground mounted solar
structures as further detailed in Schedule 7
Solar System Size: 3,585 kW (DC) (this is an estimate (and not a guarantee) of the
System size; ForeFront Power may update the System Size prior to
the Commercial Operation Date.)
II.Schedule 2 – Energy Services Payment
Purchaser shall pay to ForeFront Power a monthly payment (the “Energy Services Payment”) for the Energy
Services provided by the System to Purchaser during each calendar month of the Term equal to the product
of (x) Actual Monthly Production for the System for the relevant month multiplied by (y) the kWh Rate.
The “Actual Monthly Production” means the amount of energy recorded by ForeFront Power’s metering
equipment during each calendar month of the Term.
The kWh Rate with respect to the System under the Agreement shall be in accordance with the following
schedule:
Table 1:
Term
Year
kWh Rate
($/kWh)
Term
Year
$/kWh Rate
($/kWh)
1 $0.0710 11 $0.0710
2 $0.0710 12 $0.0710
3 $0.0710 13 $0.0710
4 $0.0710 14 $0.0710
5 $0.0710 15 $0.0710
6 $0.0710 16 $0.0710
7 $0.0710 17 $0.0710
8 $0.0710 18 $0.0710
9 $0.0710 19 $0.0710
10 $0.0710 20 $0.0710
If distribution upgrades are required by the Local Electric Utility, as identified in Attachment 6 of the Rule
21 Generator Interconnection Agreement for Interconnection Agreement for Net Energy Metering (NEM-2)
Generating Facilities Greater than 1,000 KW Between Pacific Gas and Electric Company and County of
Fresno for Project: County of Fresno (Juvenile Justice Campus) Fresno, CA 93725, PG&E Log I.D.:
30S440989, dated June 25, 2018 (“Interconnection Agreement”), within thirty (30) days of receipt of notice
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from the Local Electric Utility of the distribution upgrade costs, Purchaser shall provide written notice to
Forefront Power of Purchaser’s election of one of the following options:
1.For every $0.01 per watt DC of such distribution upgrade costs, the kWh rate in Table 1 in Schedule
2 above will increase $.00072 per kWh, with a maximum kWh rate increase of $0.025 per kWh.
2.Purchaser shall pay the entire amount of such distribution upgrade costs, and the kWh rate as stated
in Table 1 will remain unchanged. Purchaser shall make payments directly to the Local Electric
Utility in accordance with the requirements of the Local Electric Utility.
III.Schedule 3 – Early Termination Fee
The Early Termination Fee with respect to the System under the Agreement shall be calculated using the
following:
Early Termination Occurs
in Year:
Column 1a
Early Termination Fee
where Purchaser does
not take Title to the
System ($/Wdc including
costs of removal)***
Column 1b
Expected Termination Fee based on
System Size** / ***
1* $2.82 $10,123,489
2 $2.36 $8,444,860
3 $2.22 $7,968,972
4 $2.09 $7,492,102
5 $1.96 $7,015,291
6 $1.82 $6,536,357
7 $1.80 $6,469,805
8 $1.79 $6,402,008
9 $1.77 $6,333,931
10 $1.75 $6,263,487
11 $1.73 $6,191,553
12 $1.71 $6,118,033
13 $1.69 $6,043,803
14 $1.66 $5,966,876
15 $1.64 $5,888,040
16 $1.62 $5,807,171
17 $1.60 $5,725,041
18 $1.57 $5,639,766
19 $1.55 $5,552,031
20 $1.52 $5,461,672
Purchase Date Occurs on
the 91st day following:
(Each “Anniversary” below
shall refer to the
anniversary of the
Commercial Operation
Date)
Column 2a
Early Termination Fee
where Purchaser takes
Title to the System
($/Wdc, does not include
costs of removal) ***
Column 2b
Expected Termination Fee based on
System Size** / ***
--
--
--
--
--
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5th Anniversary $1.32 $4,743,517
6th Anniversary $1.30 $4,676,965
7th Anniversary $1.29 $4,609,168
8th Anniversary $1.27 $4,541,091
9th Anniversary $1.25 $4,470,647
10th Anniversary $1.23 $4,398,713
11th Anniversary $1.21 $4,325,193
12th Anniversary $1.19 $4,250,963
13th Anniversary $1.16 $4,174,036
14th Anniversary $1.14 $4,095,200
15th Anniversary $1.12 $4,014,331
16th Anniversary $1.10 $3,932,201
17th Anniversary $1.07 $3,846,926
18th Anniversary $1.05 $3,759,191
19th Anniversary $1.02 $3,668,832
At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0).
*Includes Early Termination prior to the Commercial Operation Date.
**Based on System Size as of the Effective Date. System Size (and therefore Columns 1b and 2b will
change upon System Size change).
*** The Early Termination Fee for Column 1 shall be calculated in accordance with and subject to Sections
2.1(b), 11.2(b), and 11.3 of the General Conditions, as applicable. The Early Termination Fee for Column 2
shall be calculated in accordance with and subject to Section 2.2 of the General Conditions.
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IV.Schedule 4 – Estimated Annual Production
Estimated Annual Production commencing on the Commercial Operation Date with respect to System
under the Agreement shall be as follows:
Term
Year
Estimated
Production
(kWh)
Term
Year
Estimated
Production
(kWh)
1 7,207,217 11 6,854,857
2 7,171,181 12 6,820,583
3 7,135,325 13 6,786,480
4 7,099,648 14 6,752,548
5 7,064,150 15 6,718,785
6 7,028,829 16 6,685,191
7 6,993,685 17 6,651,765
8 6,958,717 18 6,618,506
9 6,923,923 19 6,585,414
10 6,889,304 20 6,552,486
The values set forth in the table above are estimates (and not guarantees), of approximately how many kWhs
are expected to be generated annually by the System assuming the System size indicated in Schedule 1.
ForeFront Power shall deliver to Purchaser an updated table upon the Commercial Operation Date based on
the actual System size, which, if the parties agree that the updated table is correct, shall be incorporated into
and made part of this Agreement.
V.Schedule 5 – Notice Information
The persons and their addresses having authority to give and receive notices under this Agreement including the
following:
Purchaser:
County of Fresno
Director of Internal Services/
Chief Information Officer
Internal Services Department
333 W. Pontiac Way
Clovis, CA 93612
With a copy to
Facility Services Manager
4590 E. Kings Canyon Road
Fresno, CA 93702
ForeFront Power:
FFP BTM SOLAR, LLC
Attn: Director, Energy Services
100 Montgomery St., Suite 1400
San Francisco, CA 94104
With a copy to
FFP BTM SOLAR, LLC
Legal Department
100 Montgomery St., Suite 1400
San Francisco, CA 94104
Email: FPLegal@forefrontpower.com
Financing Party:
[To be provided by ForeFront Power when
known]
All notices between Purchaser and ForeFront Power provided for or permitted under this Agreement must be in writing
and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service,
or by email transmission. A notice delivered by personal service is effective upon service to the recipient. A notice
delivered by first-class United States mail is effective three Purchaser business days after deposit in the United States
mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is
effective one Purchaser business day after deposit with the overnight commercial courier service, delivery fees
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prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by email
transmission is effective when transmission to the recipient is completed, provided that the sender maintains a record
of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but
not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section
810).
VI.Schedule 6 – Site-Specific Information and Requirements
In accordance with Section 7.2(f) of the General Conditions, the following information references any known
restrictions on the use of the Premises for the construction, ownership, use and operation of the System, including any
land use restrictions, known underground structures or equipment, or limitations arising under permits or applicable
law, as well as any additional Environmental Documents, reports or studies in the possession or control of the
Purchaser, which shall each have been delivered to ForeFront Power as of the Effective Date, provided that ForeFront
Power shall perform and deliver to Purchaser a Phase I environmental site assessment upon receipt:
Type of Information Information Delivered of the Effective Date
Phase I environmental site assessment Not Applicable
Reports on site sampling (soil or
groundwater)
Not Applicable
Land use restrictions imposed by
governmental authorities
Not Applicable
Lease restrictions on proposed solar
installation
Not Applicable
Cleanup plan, corrective action plan or
permits applicable to Premises
Not Applicable
Open spill reports or unresolved release
reports
Not Applicable
Known underground storage tanks,
foundations, utilities
Not Applicable
Utility easements or public rights of way Not Applicable
Completed closure or “cap” on buried waste
or other materials
Not Applicable
Systems in place for extracting and
collecting methane, groundwater or leachate
Not Applicable
Subject to the control of a trustee, group of
entities or entities other than landlord and/or
Purchaser
Not Applicable
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VII.Schedule 7 – Specific Items for Scope of Work
1.ForeFront Power Responsibilities:
1.1. Interconnection:
1.1.1. Provider intends to interconnect the System to Purchaser-owned 12 kV conductors at a mutually
agreeable location.
1.2. Permitting:
1.2.1. All System structures shall be permitted through the authority having jurisdiction as ground mounted
structures. ForeFront Power shall obtain permits on behalf of the project(s), including building
department, structural, grading, and/or electrical permits as required.
1.2.2. Provider and Purchaser are operating under the assumption that the premises will be eligible for a
CEQA Notice of Exemption, and that a special use, conditional use, or zoning permit will not be
required. Provider assumes that Purchaser, as lead agency, will issue a Notice of Exemption for CEQA.
Upon request, Provider shall provide such limited support as necessary to Purchaser to obtain the NOE,
including, if necessary, biological study and associated consultant statement and summary citing
exemptions applicable. Provider shall not be responsible for costs or delays associated with any
unforeseen required CEQA studies, special use, conditional use, or zoning permits, or mitigations that
may result from a CEQA submittal and public comment.
1.3. Ground Mount Solar Racking
1.3.1. Ground mounting systems shall be designed and installed such that the PV modules may be fixed or
tracking with reliable components proven in similar projects, and shall be designed to resist dead load,
live load, corrosion UV degradation, wind loads, and seismic loads appropriate to the geographic area
over the expected project life, a minimum of 25 years.
1.3.2. The racking structures, support attachments, module mounting brackets, fastening hardware, and
supports (if applicable) shall have a 25-year design lifetime. Equipment shall have corrosion protection
coatings deemed necessary as a result of geotechnical diligence.
1.3.3. All foundations and supports must be designed using the calculated environmental loads and soil
properties provided in the geotechnical report. Foundations and supports shall meet the
recommendations found in the geotechnical report. Foundations and supports shall be designed for a
minimum 25-year lifetime, including all environmental factors and corrosion. Foundations and
supports should be designed to withstand the impacts and contact pressure from the installation method
(such as a vibratory hammer). Any damage to corrosion protection coatings during installation should
be repaired in a manner that does not invalidate the manufacturer’s warranty. Foundations and
supports, including any field-applied modifications (such as holes drilled), shall meet the requirements
as specified by the Structural Engineer of Record.
1.3.4. Provider shall be responsible for all tree trimming and tree removal in order to facilitate the installation
of the Systems. Purchaser shall acknowledge and approve removal of trees identified by Provider, in
order to install the system and such approval shall not be unreasonably withheld. Irrigation re-routing
shall not be the responsibility of the Provider.
1.3.5. Provider assumes that soil conditions are class 3 soils, and not such soils that are rocky, sandy,
contaminated, ground water, caving, or otherwise have problematic construction limitations. If soil
conditions prove to be other than class 3 soils, Provider shall not be responsible for such additional
expenses as a result of additional subterranean geotechnical work including boring and trenching.
Provider shall work with Purchaser in good faith to determine a mutually-acceptable solution for
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Purchaser to pay such additional costs, including potentially an increase in the kWh rate in Schedule
2.
1.3.6. Ground mount systems shall meet the following minimum requirements:
1.3.6.1. Each racking system and associated components must be designed and selected to withstand the
environmental conditions of the site (e.g., temperatures, winds, rain, flooding, etc.) to which they
will be exposed. Design life should be a minimum of 25 years.
1.3.6.2. Modules shall be a minimum of height of 18 inches above grade at lowest edge of modules and
maximum height of 10 feet above grade. Projects maximum height shall be determined in
consultation with Purchaser.
1.3.6.3. Each PV module mounting system must be certified by the module manufacturer as (1) an
acceptable mounting system that shall not void the module warranty, and as (2) a conforming
mounting system per the module manufacturer’s mounting parameters.
1.3.6.4. Fencing: the site shall be surrounded by a fence to prevent public access. The fence shall be
minimum six (6) foot high chain link fence. The fencing will not include barbed wire, privacy
slats and will have a single point of entry.
1.3.6.5. At least one fire access gate with cut away or Knox Lock.
1.3.6.6. Minimum of ten (10) feet of clearance from vegetation on fence perimeter.
1.3.6.7. Access to water for maintenance (module cleaning) purposes, as determined adequate by
Provider and approved by the Purchaser.
1.3.6.8. Provider shall be responsible for building and maintaining a compacted dirt access road to the
System, should an existing access road not be available .
1.3.6.9. Provider to provide weed control for lifetime of system via mowing, and/or spraying for weed
abatement. Provider reserves the right, but is not obligated, to install a low growth hydroseed
as a potential weed abatement.
1.3.6.10. Inclusion of safety equipment (electrical equipment, signage, etc.).
1.3.6.11. All racking installed outdoors shall be hot dipped galvanized steel, stainless steel or
anodized aluminum.
1.3.6.12. All galvanized materials cut during construction shall be field coated with a long-lasting
rust inhibiting coating, color matched and intended for coating galvanized metal.
1.3.6.13. All galvanized materials shall be in compliance with ASTM 123 Standard Specification
for Zinc (Hot-Dipped Galvanized) Coatings on Iron and Steel Products.
1.3.6.14. All purlin framing members shall be G90, or higher, galvanized steel.
1.3.7. Provider shall direct, oversee and inspect all site work related to the ground mount structure
installation. Site preparation shall be in accordance with final approved drawings and specifications
provided by manufacturer and Engineer of Record.
1.3.8. Provider shall inspect site and notify Purchaser in writing of any condition(s) that may inhibit the
proper and timely construction of the ground mount structures. Installer shall be under no obligation
to proceed until conditions have been sufficiently corrected.
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1.3.9. Provider shall erect racking with proper equipment and qualified installers.
1.3.10. Provider shall actively cooperate with other trades and provide incidental connections, etc. for
securement of work of others to structural steel framing.
1.3.11. Installation of the structural system and all components shall be in strict accordance with
manufacturer’s recommendations.
1.3.12. Welding and welded joints shall be in accordance with AWS standards. Work shall be performed
by operators who have been qualified by test in accordance with AWS D1.1, “Structural Welding Code
–Steel”, to perform type of work required for this project.
1.3.13. Provider shall provide all underground boring or trenching from the array footprint to the point
of common coupling. The underground homerun may be direct burial cable.
2.Purchaser Responsibilities:
2.1. Purchaser shall be responsible for costs due to the Local Electric Utility totaling $117,871.60 for upgrades
as identified in the interconnection agreement with the Local Electric Utility. Any additional required
upgrade costs to the pre-existing electrical system or Local Electric Utility beyond $117,871.60 shall be
handled according to the terms in Schedule 2.
2.2. Purchaser shall deliver to Provider all as-built drawings, if any, for any or all portions of Purchaser’s facility
that impacts the System or where Purchaser’s facility will connect to the System and provide reasonable
support in requests for drawings in order to enable Provider to fully develop the solar plan sets and designs,
and Provider shall not disclose such as-built drawings to any third party, except for a Financing Party who
assumes obligations under this Agreement, or contractors responsible for development of the System,
provided that such Financing Party and/or contractors agree to such non-disclosure requirement.
2.3. Purchaser shall provide all available records, maps, and information on the existence of irrigation lines and
underground utilities.
2.4. Purchaser shall be responsible for all costs associated with all efforts and expenses required to obtain CEQA
approval beyond the securing of a CEQA Notice of Exemption. The Construction Start Date shall be
extended on a day for day basis for delays associated with CEQA review.
2.5. Purchaser has the right to require the System to be located within a designated area, and to determine the
location of lines and utilities to/from the System on the JJC site.
VIII.Schedule 8 – System Layout
The System shall be placed be within the area of the Premises shown for such System below. The Purchaser and
ForeFront Power will work cooperatively to designate the specific placement of the electrical lines, meters, and
transformer, within the area of the Premises. For the avoidance of doubt, the Premises is limited to the area of green
shading below.
.