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HomeMy WebLinkAbout2570 Contract Number: Vendor: Subject: Departme~t: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2570 PUGET SOUND ENERGY Parallel Operating - Electric Generation Equipment WWTP LEG 12-1 03/01/1985 06/15/2010 Formerly puget Sound Power & Light Review date for tracking only PARALLEL OPERATION AGREEMENT BETWEEN THE CITY OF BREMERTON ("CUSTOMER") AND PUGET SOUND POWER & LIGHT COMPANY ("PUGET") DATE: March 22 , i985 The Parties hereto mutually agree as follows: Section 1 - Parallel Operation 1.1 Customer wishes to operate electric generation equipment ("Facility") located at the City of Bremerton Wastewater Treatment Plant in parallel with Puget's system, for the purpose of supplying ali or part of the Customer's electric service requirements. The Facility may, from time to time, generate excess energy above the Customer's requirements at the Facility location, and such energy will be delivered into Puget's system. The Customer chooses not to provide for separate metering of electric energy delivered into Puget's system and Puget will not pay for such energy. 1.2 Puget will supply supplementary or backup power to the Customer at the Facility location in accordance with Puget's published tariffs. 1.3 Customer's service meter(s) at the Facility location will not be allowed to register in reverse. Section 2 - Delivery of Power The point of delivery of energy into Puget's system under this Agreement shall be at the terminal pole where Puget's system is interconnected with the Customer's electrical system as shown in Exhibit A. Energy delivered by the Customer shall at the point of delivery be in the form of three phase, sixty hertz, alternating electric current at 12,470 volts (and in no event more than five percent above or five percent below such voltage). Section 3 - Interruption At any time, Puget may disconnect its system from the Facility or may interrupt or reduce flow of energy, if, in Puget's sole discretion, failure to do so (a) may interfere with or endanger Puget's system or operations, (b) may endanger any person or the property of Puget, Customer or any third party, or (c) may be unsafe or contrary to prudent electrical practice. Puget shall have no liability with respect to action taken under this Section. DC-2215.10 -2- Section 4 - Term and Termination 4.1 The term of this Agreement shall begin on the date of this Agreement and shall terminate upon the first of the following to occur: (1) thirty days after the Customer gives written notice to Puget of termination of this Agreement, (b) thirty days after Puget gives written notice to Customer of termination of this Agreement, provided that Puget shall not give such notice prior to the expiration of five years after the date of this Agreement, or (c) termination of the Agreement pursuant to Section 4.2. 4.2 Puget may terminate this Agreement, upon not less than ten days' prior written uotice, if (a) Customer fails to cure any default or breach under this Agreement within thirty days after Puget gives written notice of the default or breach; or (b) Customer becomes insolvent, makes an assignment for the benefit of creditors or becomes the subject of any petition or order in bankruptcy. Section 5 - Governmental Authori~ 5.1 This agreement is subject to the authority of any regulatory agency having jurisdiction over Puget or this Agreement (e.g., excluding Customer or anyone under Customer's authority or control) and to Puget's applicable schedules and tariffs on file with any such regulatory agency. The applicable schedules and tariffs are incorporated in this Agreement by this reference. The schedules and tariffs may be amended from time to time. 5.2 Customer shall obtain all governmental authorizations, licenses and permits required for construction and operation of the Facility and promptly submit copies to Puget. Section 6 - Inspection b~ Puget Customer shall permit Puget to inspect the Facility upon request. Section 7 - Protective Apparatus Customer shall, without cost to Puget, furnish, install, operate and maintain such control and protective apparatus as are acceptable to Puget for operation of the Facility in parallel with Puget's system. Such apparatus shall include switching equipment capable of isolating the Facility from Puget's system. The switching equipment shall be fully accessible to Puget at all times. Section 8 - Operation of Switchin~ Equipment 8.1 Customer shall be fully responsible for operation of the switching equipment described in Section 7. 8.2 Puget may at its option choose to operate the switching equipment described in Section 7 to disconnect the Facility from Puget's system upon termination of this Agreement or at any time pursuant to Section 3. DC-2215.10 -3- Section 9 - Interconnection 9.1 Customer's Facility shall not be interconnected with Puget's system without the express written approval of Puget. An electrical system one-line diagram of the Facility is attached as Exhibit B. 9.2 Customer shall pay Puget for the initial cost of interconnection of the Facility with Puget's system within thirty days after the interconnectlon of the Facility with Puget's system. 9.3 Customer shall promptly reimburse Puget for those costs incurred by Puget from time to time with respect to the Facility and the interconnection with Puget's system. Such costs will be in accordance with Puget's rate schedules and tariffs as filed with the Washington Utilities and Transportation Commission. Section 10 - Operation and Modification by Customer Customer shall operate and'maintain the Facility according to prudent electrical practice and in accordance with the National Electric Safety Code. Customer shall not modify any aspect of the Facility relating to the lnterconnection with Puget's system without the express prior written consent of Puget. Section 11 - No Liability or Warranty by Puget 11.1 Puget shall have no liability or responsibility for the Facility or its interconnection with Puget's system, regardless of what Puget knows or should know about the Facility or its interconnection. 11.2 Neither this Agreement nor anything Puget does (for example, inspections, acceptances, or approvals) or fails to do with respect to the Facility or its tnterconnection with Puget's system shall (1) be a warranty by Puget or (2) make Puget liable for the Facility or its lnterconnection. Section 12 - Indemnity and Insurance 12.1 Customer releases and shall defend, indemnify and hold harmless Puget from all claims, damages and expenses (including attorneys' fees) which in any way arise out of: a. The construction, installation, or operation of the Facility, b. The interconnection or disconnection of the Facility and Puget's system, or failure to do so, or c. Any act or omission by Customer. 12.2 The provisions of this Section shall, to the extent permitted by law, apply regardless of the fault, negligence or strict liability of Puget. However, the Customer shall not indemnify Puget against liability for damages to the extent caused by the negligence of Puget. DC-2215.10 -4- 12.3 Customer shall maintain insurance to protect Puget from claims, damages and expenses involving personal injury or property damage, which results from the construction, installation or operation of the Facility or from the interconnection or disconnection of the Facility and Puget's system. The coverage of insurance shall be $I,000,000 per occurrence. Section 13 - Miscellaneous 13.1 This Agreement and all of the terms and provisions hereof shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties; provided, that Customer shall not assign all or any part of this Agreement (or assign any of its rights under this Agreement or delegate performance of any of its obligations under this Agreement) without the prior written consent of Puget. 13.2 Customer shall be and act as an indePendent contractor (and not as an employee, partner, agent or representative of Puget) in the performance of this Agreement. 13.3 This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington. 13.4 Sections 1, 2, 9.2, 9.3, 11, 12 and 13 of this Agreement (and all provisions of this Agreement that may reasonably be interpreted or construed as surviving the completion, cancellation or termination of this Agreement) shall survive the completion, cancellation or termination of this Agreement. 13.5 Nothing in this Agreement shall be construed to create any duty, responsibility or liability to, or any standard of care with reference to any person or entity, other than the parties (and their respective successors and assigns, subject to Section 13.1). DATED as of the date first hereinabove written. CUSTOMER: City of 8remerton PUGET SOUND POWER & LIGHT COMPANY By: .~ r , By: M. G. Dawkins R.G. Bailey (Type Name) (Type Name) Title: Mayor Title: Vice President Power Systems Date signed: Apr1! 3_~, 1985 Date signed: Attes%;~._.~_..._~~ ~ ~ / DC-2215.10 ~,*~-~o 41/ POINT OF DELIVERY ~ ~ ' ~:~ ~--~ ~ --- ,~ ; ~ E~EN A~NT T~E. GIANT S~,, ~A~N~ _ , A-~  HY~EED A~ 18- TO 24- FIELD G~ ~ESTEO SEE S~Cl EXHIBIT B - -~ ~ ...... ...... Fg ~;~- .................. ~ _ . . - ...... ~~--~~ ....... t~.~,~ . ~- ~~~ ~._. ~ ........ .._ ~ ~ - ,~ .... j ~ .... ~ -- I - I