VIRGIN ISLANDS PORT AUTHORITY (VIPA)
REQUEST FOR PROPOSALS
(THREE MEGAWATT GROUND MOUNTED FIX TILT
PHOTOVOLTAIC ARRAY AT THE
HENRY E. ROHLSEN AIRPORT ON ST. CROIX, USVI)
FEBRUARY 8TH, 2016
TABLE OF CONTENTS
1.0
INTRODUCTION............................................................................................................. 3
2.0
RESPONSE TO RFP ......................................................................................................... 3
3.0
SCOPE OF WORK ........................................................................................................... 3
3.1
General................................................................................................................ 3
3.2
Intended Site and Layout ..................................................................................... 4
3.3
Interconnection to Utility Grid ............................................................................. 5
4.0
PERMITTING.................................................................................................................. 6
5.0
MINIMUM QUALIFICATIONS/REQUIREMENTS ............................................................... 6
5.1
Minimum Qualifications for Designer................................................................... 6
5.2
Minimum Qualifications for Contractor ................................................................ 7
6.0
SCHEDULE ..................................................................................................................... 7
7.0
COST ............................................................................................................................. 8
8.0
WARRANTIES/GUARANTEES .......................................................................................... 8
9.0
RANKING/EVALUATION ................................................................................................. 8
10.0
APPENDICES ................................................................................................................ 10
10.1
APPENDIX A – SAMPLE COPY OF WAPA INTERCONNECTION AGREEMENT .......... 10
10.2
APPENDIX B – DESIGN-BUILD FIRM INSURANCE REQUIREMENTS ....................... 47
10.3
APPENDIX C – VIPA PAYMENT AND PERFORMANCE BOND FORMS .................... 49
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1.0 INTRODUCTION
The Virgin Islands Port Authority “VIPA” is issuing this Request for Proposals (“RFP”) seeking to
acquire a Three Megawatt (3 MW) Ground Mounted Fix Tilt Photovoltaic Array to meet the
energy consumption needs of its facilities at the Henry E. Rohlsen Airport (HERA). VIPA desires
to fulfill this requirement by entering into a twenty five (25) year contract with the successful
Bidder to design, build, operate and maintain the solar array. VIPA shall out rightly own the PV
array system in its entirety at the end of the contract.
2.0 RESPONSE TO RFP
All proposals shall be submitted on or before Monday March 21th, 2016 at 2:00 pm Atlantic
Standard Time (AST) at the following location:
Virgin Islands Port Authority
Purchasing Department
Henry E. Rohlsen Airport (HERA)
St. Croix, U.S. Virgin Islands 00824
The package shall be SEALED and contain five (5) hard copies of the proposal and One (1)
electronic copy on a CD. The outside of the package shall be clearly marked with the submitting
FIRM’s name along with the lettering “HERA PHOTOVOLTAIC RFP RESPONSE”.
VIPA will host a non-mandatory pre-bid/site visit at 10:00am (AST) Monday, February 22nd, 2016
in the HERA Terminal Upstairs Conference Room.
VIPA reserves the right to reject any or all proposals on the basis of being unresponsive to these
guidelines or for failure to disclose requested information.
ITEMS
Advertisement of RFP
Non-Mandatory Pre-Bid/Site Visit
Last Day for Questions
Issuance of Final Addendum
Proposal Due Date
DEADLINE
February 8th, 2016
February 22nd, 2016
March 10th, 2016
March 16th, 2016
March 21st, 2016 @ 2:00 pm
3.0 SCOPE OF WORK
3.1
General
VIPA is soliciting proposals for a 3 MW Photovoltaic Ground Mounted Fixed Tilt Solar Array on
property it owns in close proximity to the HERA Terminal. The successful firm will be
responsible for the design, permitting, coordination, construction, operation and maintenance
of the system over the entire duration of the Contract. VIPA is purchasing a fully “turn-key”
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system guaranteed to produce the power generation required as per this RFP. VIPA will commit
to payments on a monthly basis pro-rated over the full term of the contract.
3.2
Intended Site and Layout
The site identified for the PV array is located across from the HERA Terminal along the south
side of Route 64. Refer to Figure 1 below. VIPA will make the land for the PV array available to
the successful Bidder at no cost through the means of an unsubordinated land lease.
Figure 1 – PV Array Intended Location
Figure 2 – PV Array Intended Layout
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The PV array will be located approximately 210 ft. away from the new 15KW pad mounted
switch. However, final location and distances to be as determined from coordination between
the successful Bidder and WAPA. The PV array shall be enclosed with a heavy duty security
chain link fence a minimum of 6 ft. high with three strands of barb wire on top. Access gates
and entrance roadway(s) shall be provided as required to properly maintain the array.
Utility trenching across Route 64 may be required. All necessary coordination and jurisdictional
approvals for this work must be undertaken by the successful Bidder. All areas disturbed must
be restored to existing condition or better and in accordance with the requirements of VIPA and
the jurisdictional authority.
Please note the presence of the storm water retention pond. This area shall not be disturbed
and remain operational at all times during the terms of this Agreement.
The intended site is currently overgrown with brush. Refer to Figure 3 below. All jurisdictional
permits required to clear and prepare the site for the PV array will be the responsibility of the
successful Bidder.
Figure 3 –Intended Site Existing Condition
3.3
Interconnection to Utility Grid
The successful Bidder will be required to act as the “authorized agent” on behalf of VIPA to
ensure that an interconnection agreement between VIPA and the Virgin Islands Water and
Power Authority (WAPA) is successfully executed. In this agreement, VIPA must be listed as the
“Seller”. The successful Bidder is required to comply with all WAPA requirements outlined in
the interconnection agreement for a complete and operational PV array in accordance with the
terms of this RFP. A sample copy of WAPA’s interconnection agreement is provided in
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“Appendix A.” This sample copy may not be the current version. Successful Bidder will be
required to comply with all the requirements of the current version of this document. Please
contact WAPA directly for a copy of the current version.
4.0 PERMITTING
The Design-Build Firm will be responsible for securing all permits required, local and federal.
Permitting agency approvals required include, but are not limited to, the following:
•
•
•
•
Virgin Islands Public Works Department (PW)
Virgin Islands Department of Planning and Natural Resources (DPNR)
Virgin Islands Water and Power Authority (WAPA)
Federal Aviation Administration (FAA)
Permitting through the FAA will include, but may not be limited to, the following:
Glare Study
Airspace Analysis for Temporary and Permanent Construction Equipment
The Design-Build Firm will be responsible for all permit fees. Any monetary fines as a result of
permit violations will be the sole responsibility of the Design-Build firm to pay.
5.0 MINIMUM QUALIFICATIONS/REQUIREMENTS
The Design-Build Bidder must meet the minimum qualifications outlined below to be
considered responsible and responsive. Design-Builder shall submit an organizational chart
illustrating the relationship/chain of command between all team members. The VIPA
liason/point of contact must be identified in the organizational chart. Design-Build firm must
also demonstrate that they have the capital funding to construct and implement the project.
Proof of this can be in the form of a letter of commitment from a recognized FDIC insured
financial institution.
Individual minimum requirements are outlined for both the Designer and the Contractor
forming the Design-Build Team.
5.1
•
•
Minimum Qualifications for Designer
System must be designed by a licensed professional engineer (P.E.). Engineer of Record
shall hold current valid licensure in any of the 50 states, Commonwealth or Territories of
the United States of America.
Design Firm must be able to secure valid Business and Professional Licensure within the
United States Virgin Islands (USVI). If already in possession of valid local Business and
Professional Licensure, please provide copies with the response to this RFP. If not, the
successful Designer will be required to secure a local business and professional license
upon execution of a contract with VIPA. All local jurisdictional permits required are the
responsibility of the Design-Build firm and will require local Business and Professional
Licensure.
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•
•
•
•
Design firm must demonstrate similar successful project experience over a minimum
period of 5 years. Project experience shall be of similar size and scope as listed in this
RFP. Designer shall demonstrate a minimum of three (3) projects completed and
operational within the last five (5) years that is of comparable size and scope as listed in
this RFP.
Provide resumes of key Individuals that will be involved with this project.
Design firm shall provide a minimum of three (3) verifiable references.
Design firm must meet the insurance requirements as outlined in “Appendix B.”
5.2
•
•
•
•
•
•
Minimum Qualifications for Contractor
System must be constructed by a licensed and insured Contractor. Contractor must be
able to secure USVI Business license. If already in possession of valid local business
license, please provide a copy with the response to this RFP. If not, the successful
Contractor will be required to secure a local business license upon execution of a
contract with VIPA. All local jurisdictional construction permits will require a local
business license.
Contractor must demonstrate similar successful project experience over a minimum
period of 5 years. Project experience shall be of similar size and scope as listed in this
RFP. Contractor shall demonstrate a minimum of three (3) projects completed and
operational within the last five (5) years that is of comparable size and scope as listed in
this RFP.
Contractor shall provide a minimum of three (3) verifiable references.
Provide resumes of key individuals that will be involved with this project.
Contractor must be able to secure a payment and performance bond for the full
construction cost of the project. Contractor must submit a 5% bid bond as a part of this
RFP response to demonstrate its ability to secure bonding for the actual project. The 5%
shall be based on the Contractor’s projected cost to construct the project.
Contractor must meet the insurance requirements as outlined in “Appendix B.”
6.0 SCHEDULE
The Design-Build Firm shall submit a detailed schedule as a part of the response to this RFP. The
schedule shall “break-out” specific milestones, to include but not limited to, the following:
•
•
•
Design Timeline
Permitting Timeline
Construction Timeline
Design-builders are advised that VIPA wants a fully completed and operational “turn-key”
project as quickly as feasibly possible. VIPA will access liquidated damages at a rate of
$1,000/day for everyday system is not operational beyond completion date submitted by
Design-Build firm and accepted by VIPA as mutually agreed terms of the contract. Any
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liquidated damages will be recouped by VIPA as a credit on the initial payment(s) to the DesignBuild firm after system is operational.
7.0 COST
VIPA is seeking a price to design, build, operate and maintain the PV array system as requested
in this RFP. VIPA intends for the Design-Build Firm to offer it financing over the full term of the
contract requested to achieve this. At the end of the contract, VIPA will out rightly own the
system in its entirety and any and all obligations of the Design-Build Firm to VIPA will be
finished.
Cost shall be presented on a monthly basis amortized over the life of the contract with the initial
payment commencing at the end of the first month after system is fully operational.
Subsequent payments shall be made by VIPA in monthly increments. If the Design-Build firm
has to “front load” its reimbursement schedule, the highest monthly reimbursement over the
life of the contract cannot exceed the lowest monthly reimbursement over the life of the
contract by more than seventy five percent (75%).
Cost provided must be inclusive of all cost, foreseen and unforeseen; to design, build, operate
and maintain the PV array over the life of the contract. In addition, all permit fees (local and
federal) will be the responsibility of the Design-Build Firm.
8.0 WARRANTIES/GUARANTEES
All materials used on the project shall comply with the Federal Buy American requirements.
Copies of all manufacturer warranties shall be provided to VIPA upon completion of the project.
Appropriate metering devices shall be installed on the PV array that will allow VIPA to verify
output of the system. Outside of an “act of God”, if system fails to produce the minimum
output as specified per this RFP, VIPA shall be credited the deficient production in kilowatts per
hour at a rate equal to the current rate at the time per kilowatt hour charged by WAPA.
The successful Design-Build firm will be responsible for all maintenance and operation of the PV
array during the full term of the contract.
9.0 RANKING/EVALUATION
Responses to this RFP will be evaluated based upon the following criteria with the points
allotted as specified.
•
•
Meeting the minimum requirements as per Section 4 of this RFP – 15 points (Failure to
meet all of the minimum requirements outlined will result in automatic complete
rejection of the proposal submitted.
Demonstrate previous experience with offering the owner a financing structure similar
to the one requested on a similar comparable project – 5 points
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•
•
•
•
•
Demonstrate a previous working relationship of the Design-Build Team on a similar
comparable project – 5 points
Industry Accreditation – 5 points will be awarded to firms that are accredited by the
National Association of Energy Service Companies (NAESCO) and/or prequalified for
work through the U.S. Department of Energy for federal facilities and/or U.S.
Department of Defense.
Previous work experience on similar type projects in the Caribbean Marketplace (with
emphasis on the United States Virgin Islands) – 5 points will be awarded for meeting this
criterion.
Schedule – A maximum of 20 points will be awarded for the shortest schedule provided
to achieve a fully operational “turn-key” system. Points will be awarded based on the
following formula: (A/X) *20 (A = shortest schedule of all proposals submitted, X = each
individual proposal schedule submitted)
Pricing – A maximum of 45 points will be awarded for the lowest overall cost provided
to design, build, operate and maintain the system requested in this RFP over the full life
of the contract. Points will be awarded based on the following formula: (A/X) *45 (A =
total cost submitted by the lowest bidder, X = total cost submitted by each individual
bidder). (Design-Build firm shall submit a monthly amortized cost breakdown over the
full life of the contract).
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10.0
APPENDICES
10.1 APPENDIX A – SAMPLE COPY OF WAPA INTERCONNECTION AGREEMENT
U.S. Virgin Islands Water and Power Authority
REQUIREMENTS AND PROCEDURES
FOR
INTERCONNECTION OF
SOLAR PHOTOVOLTAIC GENERATION
TO THE
ELECTRICAL DISTRIBUTION SYSTEM
Request for Proposals from Independent Power Producers for Solar
Photovoltaic Generation, PR-18-11
Issued May 18, 2011
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TABLE OF CONTENTS
PART I INTERCONNECTION PROCEDURES
12
(A)
Definitions
12
(B)
Scope 13
(C)
Process and Criteria for Small-Scale Solar PV Facilities
13
(D)
Process and Criteria for Large-Scale Solar PV Facilities
15
PART II INTERCONNECTION STANDARDS
18
Attachment 1 Information Provided by Seller for Interconnection of Small-Scale Solar PV
Facilities
20
Attachment 2 Information Provided by Seller for Interconnection of Large-Scale Solar PV
Facilities
22
Attachment 3 Interconnection Completion Certificate 27
Attachment 4 Preliminary Interconnection Study Agreement
Attachment 5 Interconnection Agreement
33
36
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INTERCONNECTION PROCEDURES
Definitions
Capitalized terms used but not defined in these Interconnection Procedures shall have the
meaning set forth in the Model Power Purchase Agreement attached as Exhibit A to the Request
for Proposals from Independent Power Producers for Solar Photovoltaic Generation, PR-18-11,
issued by the U.S. Virgin Islands Water and Power Authority (“WAPA” or the “Authority”) on
May 18, 2011, (the “Power Purchase Agreement”), to which these Interconnection Procedures
are attached.
In addition, the following terms shall have the meanings set forth below:
“Delivery Point” means the point in the interconnection of a Facility with WAPA’s Electric
System, as indicated in Attachment 1 to these Interconnection Procedures or the Final
Interconnection Study, if any. Delivery Point shall have the same meaning as “Point of Common
Coupling”, as defined in IEEE Standard 1547.
“Fault Current” means electrical current that flows through a circuit and is produced by an
electrical fault, such as to ground, double-phase to ground, three-phase to ground, phase-tophase, and three-phase. A Fault Current is several times larger in magnitude than the current
that normally flows through a circuit.
“IEEE” means the Institute of Electrical and Electronic Engineers.
“IEEE Standards” means the standards published by the Institute of Electrical and Electronic
Engineers, available at www.ieee.org.
“Seller’s Interconnection Facilities” means the interconnection equipment and associated
facilities on Seller’s side of the Delivery Point that are required to access WAPA’s Electric
System, along with any easements, rights of way, surface use agreements and other interests or
rights in real estate reasonably necessary for the construction, operation and maintenance of
such equipment and facilities, including any modification, addition, or upgrades to such
equipment and facilities necessary to physically and electrically interconnect the Facility to
WAPA’s Interconnection Facilities, as further described in Attachment 1 to these
Interconnection Procedures, or as indicated in the Final Interconnection Study, if any.
“System Protection Facilities” means the equipment, including necessary protection signal
communications equipment, required (a) to protect WAPA’s Electric System from faults or other
electrical disturbances occurring at the Facility, and (b) to protect the Facility from faults or
other electrical system disturbances occurring on WAPA’s Electric System or on other delivery
systems or other generating systems to which WAPA’s Electric System is directly connected, as
indicated in the Preliminary Interconnection Study or the Final Interconnection Study, if any.
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“System Upgrade Facilities” means the equipment and facilities at or beyond the Delivery Point,
excluding WAPA’s Interconnection Facilities, that are necessary or advisable under
Interconnection Standards, as is preliminarily described in Exhibit B but may be changed in the
Final Interconnection Study, if any, to be incorporated into WAPA’s Electric System for the
Facility to connect reliably and safely to WAPA’s Electric System, and for WAPA’s Electric System
to operate reliably and safely and in a manner that meets the Interconnection Standards, and in
each case including any modification, addition, or upgrades to such equipment and facilities
necessary for the Facility to connect reliably and safely to WAPA’s Electric System.
“UL” means Underwriters Laboratories, which has established standards available at
http://ulstandardsinfonet.ul.com/ that relate to components of solar PV systems and facilities.
“WAPA’s Interconnection Facilities” means the facilities necessary to connect WAPA’s Electric
System to Seller’s Interconnection Facilities and the associated equipment procured or installed
for the purpose of interconnecting the Facility, including any modifications, additions or
upgrades to such equipment and facilities. WAPA’s Interconnection Facilities shall not include
System Upgrade Facilities.
Scope
Scope. These Interconnection Procedures are applicable for interconnections of Facilities
proposed to be constructed by any Seller pursuant to its Power Purchase Agreement, to which
this Schedule 11 is attached.
Classification of Facilities. There are two classifications of Facilities under these Interconnection
Procedures:
Small-Scale Solar PV Facilities - For those Facilities (“Small-Scale Solar PV Facilities”) that pass
the screening criteria as described in Section I(C)(2) (the “Screening Criteria”), the
interconnection requirements are incorporated in the Interconnection Procedures in Part II of
this Schedule 11.
Large-Scale Solar PV Facilities - For those Facilities that do not pass the Screening Criteria
(“Large-Scale Solar PV Facilities”), the standard form Interconnection Agreement is provided in
Attachment 5 to this Schedule 11.
Process and Criteria for Small-Scale Solar PV Facilities
Provision of Information. For Small-Scale Solar PV Facilities, Seller has provided WAPA with the
information set forth in Attachment 1 to these Interconnection Procedures prior to the Contract
Date. WAPA will provide Seller with the requirements for the step-up transformer required to
be included as part of Seller’s Interconnection Facilities, if any, once WAPA has received the
information set forth in Attachment 1.
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Screening Criteria. Facilities that meet the following Screening Criteria shall be considered
Small-Scale Solar PV Facilities:
For interconnection of a Facility to a radial distribution circuit, the Facility aggregated with all
other generation capable of exporting energy on a line section will not exceed ten (10) percent
of the line section’s annual peak load as most recently measured at the substation or calculated
for the line section. A line section is that portion of the radial distribution circuit to which Seller
seeks to interconnect and is bounded by automatic sectionalizing devices or the end of a
distribution line.
No construction of Interconnection Facilities or System Upgrades by WAPA on WAPA’s Electric
System, other than Metering Devices, shall be required to accommodate the Facility.
The Facility, in aggregation with other generation on the distribution circuit, will not contribute
more than ten (10) percent to the distribution circuit’s maximum Fault Current at the point on
the high-voltage (primary) level nearest the proposed Delivery Point.
The Facility, in aggregate with other generation on the distribution circuit, will not cause any
distribution protective devices and equipment (including substation breakers, fuse cutouts, and
line reclosers), or WAPA customer equipment on the system, to exceed ninety (90) percent of
the short circuit interrupting capability. The Facility shall not be interconnected to a circuit that
already exceeds ninety (90) percent of the short circuit interrupting capability.
The Facility shall be located no more that 1/4 mile (1320 feet) from a WAPA substation or a load
that is larger that the proposed system.
The Electric Capacity of the Facility shall not exceed seventy five (75) percent of the capacity of
the transformer bank between the Facility and WAPA’s Electric System.
Screens Failure. Despite the failure of one or more of such Screening Criteria, WAPA, at its sole
option, may approve the interconnection of a Facility as a Small-Scale Solar PV Facility if
consistent with safety and reliability.
Certification and Inspection. Seller shall notify WAPA not less than fifteen (15) Business Days
prior to the anticipated start-up date of a Small-Scale Solar PV Facility. Such notification shall be
accompanied by a certification of a responsible officer of Seller, substantially in the form of
Attachment 3 to these Interconnection Procedures (an “Interconnection Completion
Certificate”). Upon receipt of such notice and certificate, WAPA may contact Seller to schedule
WAPA inspection of such Facility at WAPA’s expense. Any inspection shall be scheduled to
occur, at a time mutually agreeable to the Parties, within ten (10) Business Days of Seller’s
notice of the anticipated start-up date and Interconnection Completion Certificate. A Facility
shall not pass WAPA’s inspection unless such Facility fully complies with the Interconnection
Standards and the requirements of the Power Purchase Agreement and the Interconnection
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Agreement, if applicable. If a Facility initially fails a WAPA inspection, WAPA shall offer to redo
the inspection at Seller’s expense at a time mutually agreeable to the Parties.
Interconnection and Parallel Operation. The Facility has been inspected and approved by the
appropriate local electrical wiring inspector with jurisdiction over the Facility, and Seller has sent
documentation of the approval to WAPA. Evidence of approval by an electric code official
includes a signed Interconnection Completion Certificate in the form of Attachment 3 or other
inspector-provided documentation. After WAPA has received Seller’s Interconnection
Completion Certificate and the Small-Scale Solar PV Facility has passed WAPA’s inspection, or
WAPA has explicitly waived the right to inspect the Facility in writing, Seller may begin
interconnected operation of such Facility with WAPA’s Electric System under the Power
Purchase Agreement.
Process and Criteria for Large-Scale Solar PV Facilities
Provision of Information. For Large-Scale Solar PV Facilities, Seller has provided WAPA with the
information set forth in Attachment 2 to these Interconnection Procedures not later than the
Contract Date. WAPA will provide Seller with the requirements for the step-up transformer
required to be included as part of Seller’s Interconnection Facilities, if any, once WAPA has
received the information set forth in Attachment 2.
Interconnection Study.
Preliminary Interconnection Study. Prior to the Contract Date, WAPA has conducted, at Seller’s
expense, a preliminary interconnection study of the proposed Facility, based in part on
information provided by Seller, to evaluate the expected impact of the Facility on the safety and
reliability of WAPA’s Electric System, and to assess what Interconnection Facilities and System
Upgrade Facilities, if any, are expected to be needed for the Facility to connect reliably and
safely to WAPA’s Electric System, and for the Facility and WAPA’s Electric System to be operated
in parallel reliably and safely and in a manner that meets the Interconnection Standards (the
“Preliminary Interconnection Study”). Such study has been conducted in accordance with a
Preliminary Interconnection Study Agreement between WAPA and Seller, substantially in the
form of Attachment 4 to these Interconnection Procedures. The Parties acknowledge and agree
that the results of such study have been provided to Seller prior to the Contract Date and are
the basis for the preliminary description of the Interconnection Facilities and System Upgrade
Facilities set forth in Exhibit A to the Power Purchase Agreement. The Parties further
acknowledge and agree that such description is preliminary, and that the Final Interconnection
Study, if any, may require changes to the design of the Interconnection Facilities or System
Upgrade Facilities.
Additional Information. Within sixty (60) Days after the Contract Date, Seller shall provide to
WAPA data set forth below, in form and substance reasonably satisfactory to WAPA. If WAPA
determines that any additional information is required from Seller during the Final
Interconnection Study, if any, WAPA shall notify Seller of the need for such additional
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information. Seller shall use reasonable efforts to provide such information as soon as
practicable but no later than fifteen (15) Days from the date of any such request.
Final Interconnection Study. If WAPA, at its sole option, determines that the Final
Interconnection Study will be required, WAPA, at Seller’s expense, shall perform the Final
Interconnection Study or shall have the Final Interconnection Study performed within one
hundred and twenty (120) Days of Seller’s provision of all information, in final form, required by
Section (D)(2)(b).
Subject of Final Interconnection Study. The Final Interconnection Study will assess the impact of
connecting the Facility to WAPA’s Electric System and the impact of the delivery of electricity
from the Facility to WAPA’s Electric System. The Final Interconnection Study, among other
things, will (i) identify probable impacts of the requested interconnection on the operation,
reliability and safety of WAPA’s Electric System; (ii) assess whether the requested
interconnection will require System Upgrade Facilities or System Protection Facilities; (iii)
determine the location and configuration of the Delivery Point, Interconnection Facilities,
System Upgrade Facilities and System Protection Facilities; (iv) assess costs of design,
engineering, procurement, and construction of such facilities; (v) identify a schedule for
constructing, testing, and completing such facilities consistent with the commencement of
operation of the Facility under the Power Purchase Agreement; and (vi) designate the WAPA
operations center that will coordinate the operations of the Facility.
Inclusion in Study. WAPA’s impact study also may include the following:
i.
Load-Flow Study.
ii.
Short-Circuit Study.
iii.
Circuit Protection and Coordination Study.
iv.
Impact on System Operation.
v.
Stability Study (and the conditions that would justify including this element in the
Impact Study).
vi.
Voltage-Collapse Study (and the conditions that would justify including this element in
the Impact Study).
vii.
A review of the Facility’s protective devices for adherence to the Interconnection
Standards.
Information Exchange. During the course of the Final Interconnection Study, Seller and WAPA
shall exchange information regarding the design and compatibility of the Interconnection
Facilities and System Upgrade Facilities and compatibility of the Interconnection Facilities with
WAPA’s Electric System, and shall work diligently and in good faith to make any design changes
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reasonably necessary to achieve such compatibility. The Parties shall meet periodically during
such study to discuss alternative interconnection options, to exchange information that would
be reasonably expected to impact such interconnection options, to analyze such information,
and to determine the potential feasible points of interconnection.
Title to Information. The Preliminary Interconnection Study, the Final Interconnection Study, if
any, and all data, analyses, and reports collected as part of or in connection with either such
interconnection study, all work papers generated as part of either study, and all iterations of the
preliminary and final studies (including periodic updates and drafts by WAPA) shall be the
property of WAPA.
Payments. Seller shall be responsible for payment of all reasonable costs and expenses,
including charges and fees of consultants, incurred by WAPA for the Final Interconnection Study,
if any. Seller shall pay all such amounts not later than thirty (30) days after invoice from WAPA.
Interconnection Agreement. Effective as of the Contract Date, Seller and WAPA shall enter into
an Interconnection Agreement, substantially in the form of Attachment 5 to these
Interconnection Procedures.
Certification and Inspection. Seller shall notify WAPA not less than fifteen (15) Business Days
prior to the anticipated start-up date of a Large-Scale Solar PV Facility. Such notification shall be
accompanied by an Interconnection Completion Certificate. Upon receipt of such notice and
certificate, WAPA may contact Seller to schedule WAPA inspection of such Facility at WAPA’s
expense. Any inspection shall be scheduled to occur, at a time mutually agreeable to the
Parties, within ten (10) Business Days of Seller’s notice of the anticipated start-up date and
Interconnection Completion Certificate. A Facility shall not pass WAPA’s inspection unless such
Facility fully complies with the Interconnection Standards and the requirements of the Power
Purchase Agreement and the Interconnection Agreement, if applicable. If a Facility initially fails
a WAPA inspection, WAPA shall offer to redo the inspection at Seller’s expense at a time
mutually agreeable to the Parties.
Interconnection and Parallel Operation. After WAPA has received Seller’s Interconnection
Completion Certificate and the Large-Scale Solar PV Facility has passed WAPA’s inspection, or
WAPA has explicitly waived the right to inspect the Facility in writing, Seller may begin
interconnected operation of such Facility with WAPA’s Electric System under the Power
Purchase Agreement.
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INTERCONNECTION STANDARDS
Technical Standards. Each Facility shall comply with all other applicable Codes and Standards,
Applicable Laws, and Good Engineering and Operating Practices, and with the following
standards, as applicable:
IEEE Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems for
Facilities up to 10 MW in size.
IEEE Standard 1547.1 for Conformance Test Procedures for Equipment Interconnecting
Distributed Resources with Electric Power Systems.
UL 1741 Standard for Inverters, Converters and Controllers for Use in Independent Power
Systems. UL 1741 compliance must be recognized or certified by a Nationally Recognized
Testing Laboratory as designated by the U.S. Occupational Safety and Health Administration.
Certification of a particular model or a specific piece of equipment is sufficient. It is also
sufficient for an inverter built into a Facility to be recognized as being UL 1741 compliant by a
Nationally Recognized Testing Laboratory. Inverter(s).
NFPA 70 National Electrical Code (latest edition).
ANSI C84.1-2006, American National Standard for Electric Power Systems and Equipment—
Voltage Ratings (60 Hertz)
IEEE 519-1992 IEEE Recommended Practices and Requirements for Harmonic Control in
Electrical Power Systems
PV modules and panels must be listed and be in compliance with Underwriters Laboratories (UL)
Standard 1703, Standard for Safety: Flat- Plate Photovoltaic Modules and Panels.
Additional Standards and Requirements. In addition, each Facility will comply with the following
standards and requirements:
Permits and Approvals. Seller is responsible for obtaining any necessary local code official
approval (electrical, zoning, etc.), as well as all other Permits and Approvals, for the Facility and
Seller’s Interconnection Facilities.
Commercial Operation. Interconnection of a Facility to WAPA’s Electric System pursuant to
these Interconnection Procedures does not constitute Commercial Operation of such Facility,
which shall be determined as provided in the Power Purchase Agreement.
Commissioning Test. Seller shall conduct commissioning tests of the Facility and Seller’s
Interconnection Facilities pursuant to IEEE Standard 1547 and in compliance with all
manufacturer requirements.
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Operations and Maintenance. Seller shall be fully responsible to operate, maintain, and repair
the Facility as required to ensure that it complies at all times with IEEE Standard 1547.
Periodic Testing. WAPA may require any manufacturer-recommended testing and for LargeScale Solar PV Facilities, all interconnection-related protective functions and associated batteries
shall be periodically tested at intervals specified by the manufacturer or WAPA. Periodic test
reports or a log for inspection shall be maintained.
External Disconnect Switch. If indicated by the Preliminary Interconnection Study or the Final
Interconnection Study, WAPA may require a manual, lockable, load break utility-interface
disconnect switch between the output of the photovoltaic inverter and Seller’s wiring connected
to WAPA’s Electric System. The load break device shall be both visible and accessible to WAPA’s
employees. Seller hereby grants a full license to access the Property and the PV system to
ensure compliance herewith.
Disconnection. WAPA may temporarily disconnect the Facility (i) for Transmission Events,
unscheduled outages, or Electric System Emergencies, or (ii) if the Generating Facility does not
operate in the manner consistent with these terms and conditions of the Power Purchase
Agreement, the Interconnection Agreement, if any, or the Interconnection Standards. WAPA
shall inform Seller in advance of any scheduled disconnection, or as is reasonable after an
unscheduled disconnection.
Testing of Protective Relays. WAPA reserves the right to test the anti-islanding features and the
power output quality of the inverter.
Inspection. WAPA shall have the right to inspect any Facility before and after interconnection
approval is granted, at reasonable hours and with reasonable prior notice provided to Seller. If
WAPA discovers a Facility is not in compliance with the requirements of the Interconnection
Standards, and the non-compliance adversely affects the safety or reliability of the electric
system, WAPA may require disconnection of such Facility until the Facility complies with the
Interconnection Standards.
PV System Equipment Protection. It is the responsibility of Seller to protect its generating
equipment, inverters, protection devices, and other system components from damage by the
normal conditions and operations that occur on the part of WAPA in delivering and restoring
power to WAPA’s Electric System. WAPA hereby disclaims any liability whatsoever for damage
to Seller’s equipment.
Costs and Expenses. Except as otherwise expressly set forth in the Power Purchase Agreement
or these Interconnection Procedures, or the Interconnection Agreement, if any, Seller is
responsible for all the costs for the design, development, permitting, engineering, procurement,
construction, completion, installation, and testing related to the Interconnection Facilities,
including WAPA’s Interconnection Facilities and any System Upgrade Facilities.
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Attachment 1
Information Provided by Seller for Interconnection
of Small-Scale Solar PV Facilities
Seller shall have provided to WAPA the information required below, including a one-line
diagram if required by WAPA, prior to the Contract Date. Additional information to evaluate the
proposed interconnection may be required by WAPA.
Seller:
Name: ______________________________________________________________________
Address: ______________________________________________________________________
City, State, Zip:
______________________________________________________________________
Telephone (Day): ____________________(Evening): __________________________
Fax: ________________ E-Mail Address: ___________________________________
Facility:
WAPA Facility ID#:
______________________________________________________________________
Location (if different from above):
______________________________________________________________________
GPS Coordinates:
______________________________________________________________________
Site Owner:
______________________________________________________________________
Desired Feeder/Interconnection Point:
______________________________________________________________________
Inverter Manufacturer: ___________________________________________________
Model: ______________________________________________
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Inverter Nameplate Rating (kW (DC)): ____________________ and
_________________ (kW (AC))
System Design Capacity: _________ (kW (DC)) and __________ (kW (AC))
Is the equipment UL1741 Listed?
UL1741 listing.
Yes _______
No _______ If Yes, attach evidence of
Estimated Installation Date: __________ Estimated In-Service Date: ________________
List components of Seller’s Interconnection Facilities that are UL certified:
Equipment Type
1. _____________________________________________________
2. _____________________________________________________
3. _____________________________________________________
If required by WAPA, attach a one-line diagram of the Facility.
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Attachment 2
Information Provided by Seller for Interconnection
of Large-Scale Solar PV Facilities
Seller shall have provided to WAPA the information required below, including a one-line
diagram and a load flow data sheet, prior to the Contract Date. Additional information to
evaluate the proposed interconnection may be required by WAPA.
1. Seller Information
Seller:
Name: ______________________________________________________________________
Address: ______________________________________________________________________
City, State, Zip:
______________________________________________________________________
Telephone (Day): ____________________(Evening): __________________________
Fax: ________________ E-Mail Address: _____________________________________
2. Facility Specifications
WAPA Facility ID#:
______________________________________________________________________
Location (if different from above):
______________________________________________________________________
GPS Coordinates:
______________________________________________________________________
Site Owner:
______________________________________________________________________
Desired Feeder/Interconnection Point:
______________________________________________________________________
Inverter Manufacturer: _________________________________
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Model: ______________________________________________
Inverter Nameplate Rating: (kW (DC)) ____________________ and
_________________ (kW (AC))
System Design Capacity: _________ (kW (DC)) and ___________ (kW (AC))
Is the equipment UL1741 Listed?
UL1741 listing.
Yes _______
No _______ If Yes, attach evidence of
Estimated Installation Date: _________ Estimated In-Service Date: ________________
List components of Seller’s Interconnection Facilities that are UL certified:
Equipment Type
1. _________________________________________________________
2. _________________________________________________________
3. _________________________________________________________
3. Transformer Information and Protective Relay Specifications
Will a transformer be used between the generator and the Delivery Point?
____ Yes ____ No
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Interconnecting Circuit Breaker: (if applicable)
Manufacturer: _________________________________ Type: ____________
Load Rating (Amps): _____
Interrupting Rating (Amps): _____
Trip Speed (Cycles): ______
Interconnection Protective Relays: (if applicable)
If Microprocessor-Controlled:
List of Functions and Adjustable Setpoints for the protective equipment or software:
Setpoint Function
Minimum
Maximum
1. ___________________
___________________
___________________
2. ___________________
___________________
___________________
3. ___________________
___________________
___________________
Control Batteries: (if applicable)
Manufacturer: _________________________________ Type: ____________
Discrete Components: (if applicable)
(Enclose Copy of any Proposed Time-Overcurrent Coordination Curves)
Manufacturer: __________________________ Type: ___________
Style/Catalog No.: _______ Proposed Setting: _________________________
Manufacturer: __________________________ Type: ___________
Style/Catalog No.: _______ Proposed Setting: _________________________
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Manufacturer: __________________________ Type: ___________
Style/Catalog No.: _______ Proposed Setting: _________________________
Current Transformer Data: (if applicable)
(Enclose Copy of Manufacturer’s Excitation and Ratio Correction Curves)
Manufacturer: _______________________________________________________
Type: ____________
Accuracy Class: ______ Proposed Ratio Connection: _________
Potential Transformer Data: (if applicable)
Manufacturer: ________________________________________________________ Type:
____________ Accuracy Class: _______ Proposed Ratio Connection: ______
4. General Information
Enclose copy of site electrical one-line diagram showing the configuration of all Facility
equipment, current and potential circuits, and protection and control schemes. This one- line
diagram must be signed and stamped by a licensed Professional Engineer if the Facility is larger
than 100 kW.
Is one-line diagram enclosed?
____ Yes
____ No
Enclose copy of any site documentation that indicates the precise physical location of the
proposed Facility and all protective equipment (e.g., GPS or USGS topographic map or other
diagram or documentation).
Is site documentation enclosed?
____ Yes
____ No
Enclose copy of any site documentation that describes and details the operation of the
protection and control schemes.
Is available documentation enclosed?
____ Yes
____ No
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Enclose copies of schematic drawings for all protection and control circuits, relay current
circuits, relay potential circuits, and alarm/monitoring circuits (if applicable).
Are schematic drawings enclosed?
____ Yes
____ No
Enclose description of the proposed communication channel, a communication diagram, and
types of communication integration (if applicable).
Is communications information enclosed?
____ Yes
____ No
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Attachment 3
Interconnection Completion Certificate
This Interconnection Completion Certificate (“Certificate”) is provided by
_____________________________ (the “Seller”) in connection with the Power Purchase
Agreement, dated as of __________, 2011, by and between the Seller and U.S. Virgin Islands
Water and Power Authority (“WAPA” or the “Authority”). Capitalized terms used by not defined
in this Certificate shall have the meaning set forth in the Power Purchase Agreement.
A. Seller Information
__________________________________________
_______________________
Seller Name
Telephone #
__________________________________________
_______________________
Mailing Address
_________________________________________
Email
____________
City
_________
State or Territory
Zip Code
B. Site Information
______________________________________________
Site Owner
________________________
Telephone #
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______________________________________________________________________
Site Location
______________________________________________________________________
GPS Coordinates of Site
______________________________________________________________________
Feeder Location/Interconnection Point
______________________________________________________________________
WAPA Facility ID#: _________________________
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C. Facility Information
System Name/Model:_____________________________________________________
Array DC Power at SOC in watts _____________
Array manufacturer and model_______________________________________________
Inverter manufacturer and model_____________________________________________
Batteries (if applicable)_____________________________________________________
Array location____________________________________________________________
Inverter location__________________________________________________________
AC Disconnect location___________________________________________________
Facility nameplate rating: (kW (DC)) ______________ and (kW (AC)) _____________
Facility Capacity (kW (DC)): ______________ and (kW (AC)) _____________
If required by WAPA, attach a one-line diagram of the Generating Facility as completed.
D. Contractor Information
Installing Electrician: ______________________________________________
Firm: __________________________ USVI License No.: ____________________
Mailing Address: __________________________________________________
City: ___________________________ State: _____________
Zip Code: ____________
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Telephone (Daytime): ____________________ (Evening): ____________________
Facsimile Number: ____________________
Installation Date:
E-Mail Address: ____________________
__________________ Interconnection Date: _____________________
E. Hardware and Installation Compliance
1.
The system hardware is in compliance with the Interconnection Standards.
2.
The system has been installed in compliance the Interconnection Standards, including
with IEEE 1547, Standard for Interconnecting Distributed Resources with Electric Power Systems
and NFPA 70 National Electrical Code (latest edition).
_______________________________________
Contractor signature
_______________
Date
_______________________________________
Print name
F. Owner Acknowledgment
The Facility, including Seller’s Interconnection Facilities, have been installed, tested, completed
and commissioned, and are ready of interconnection and parallel operation with WAPA’s Electric
System, in accordance with the Power Purchase Agreement, and with the Interconnection
Agreement or Interconnection Standards, as applicable.
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Seller Name: __________________________________
___________________________________________
_________________
By:
Date
Name:
Title:
G. Electrical Code Inspection
The system has been installed and inspected in compliance with the local Building/Electrical
Code of ____________________ (appropriate Governmental Authority):
Inspection Agency: ____________________________________________
____________________________________________
Inspector Signature
______________
Date
Name:
Title:
H. WAPA Approval
Interconnection Approved:
VIRGIN ISLANDS WATER AND POWER AUTHORITY
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By: __________________________________
Name:
______________
Date
Title
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Attachment 4
Preliminary Interconnection Study Agreement
This AGREEMENT (“Agreement”) is made and entered into this _________ day of ____________
by and between ______________________________, a_______________________ organized
and existing under the laws of the State of_________________________, (‘‘Seller’’) and the US
Virgin Island Water and Power Authority existing under the laws of the U.S. Virgin Islands
(‘‘WAPA’’). Seller and WAPA each may be referred to as a ‘‘Party’’ or collectively as the
‘‘Parties.’’
RECITALS:
WHEREAS, Seller is proposing to develop a Large-Scale Solar PV Facility as provided in its
proposal to WAPA, dated _____, 2011 (the “Bid”), in response to WAPA’s Request for Proposals
from Independent Power Producers for Solar Photovoltaic Generation PR-18-11, issued May 18,
2011 (the “RFP”) and
WHEREAS, Seller desires to interconnect the Facility with WAPA’s Electric System; and
WHEREAS, WAPA has determined that a Preliminary Interconnection Study is necessary to
assess the proposed interconnection of Seller’s proposed Facility to WAPA’s Electric System;
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained herein,
the Parties agree as follows:
1.
When used in this Agreement, capitalized terms shall have the meanings indicated.
Capitalized terms that are not defined in this Agreement shall have the meanings specified in
WAPA’s Interconnection Procedures attached to the RFP.
2.
Seller elects and WAPA shall cause to be performed a Preliminary Interconnection Study
consistent with the Interconnection Procedures.
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3.
The scope of the Preliminary Interconnection Study shall be based on information
supplied in the Bid, the information provided to WAPA pursuant to the Interconnection
Procedures, and any other information or assumptions set forth in any attachment to this
agreement.
4.
WAPA reserves the right to request additional technical information from Seller as may
reasonably become necessary consistent with Good Engineering and Operating Practices during
the course of the Preliminary Interconnection Study. If after signing this Agreement, Seller (with
WAPA’s consent) modifies its Bid or any of the information or assumptions provided to WAPA or
set forth in any attachment to this Agreement, the time to complete the Preliminary
Interconnection Study may be extended by agreement of the Parties.
5.
In performing the Preliminary Interconnection Study, WAPA may rely, to the extent
reasonably practicable, on existing studies of recent vintage. Seller will not be charged for such
existing studies; however, Seller shall be responsible for charges associated with any new study
or modifications to existing studies that are reasonably necessary to perform the Preliminary
Interconnection Study.
6.
WAPA may require a study deposit of the greater of fifty (50) percent of estimated nonbinding good faith study costs or $10,000.
7.
The Preliminary Interconnection Study shall be completed and the results shall be
transmitted to Seller within twenty (20) Business Days after this Agreement is signed by the
Parties, unless the proposed Facility will impact other proposed Facilities.
8.
Study fees shall be based on actual costs and will be invoiced to Seller after the study is
transmitted to Seller.
9.
Seller shall pay any actual study costs that exceed the deposit within thirty (30) days of
receipt of the invoice. WAPA shall refund any excess amount without interest within thirty (30)
Days of the invoice.
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In witness whereof, the Parties have caused this agreement to be duly executed by their duly
authorized officers or agents on the day and year first above written.
For WAPA
Signature: __________________________________ Date: ____________________
Name (printed):_______________________________
Title: ___________________________________________
For Seller
Signature: ___________________________________ Date: ___________________
Name (printed):_______________________________
Title: ___________________________________________
Are attachments included to supplement or modify information contained in the Bid? _____ Yes
______ No
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Attachment 5
Interconnection Agreement
This AGREEMENT (“Agreement”) is made and entered into this _______ day of ___________,
_____ (“Effective Date”) by and between _____________________, a ______________
organized and existing under the laws of the State of _______________, (‘‘Seller’’) and
______________________, a ___________________, existing under the laws of the State of
___________________, (‘‘WAPA’’). Seller and WAPA each may be referred to as a ‘‘Party,’’ or
collectively as the ‘‘Parties.’’
RECITALS:
WHEREAS, Seller is proposing to develop a solar PV electric generating facility, as contemplated
by the Power Purchase Agreement, dated as of the Effective Date, by and between Seller and
WAPA (the ‘‘Power Purchase Agreement’’); and
WHEREAS, Seller desires to interconnect such solar PV facility (as described in the Power
Purchase Agreement, the “Facility”) with WAPA’s Electric System pursuant to the Power
Purchase Agreement and the Interconnection Procedures attached as Schedule 11 thereto;
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained herein,
the Parties agree as follows:
Scope and Limitations of Agreement
Capitalized terms in this Agreement if not defined herein shall have the meanings set forth in
the Power Purchase Agreement, including the Interconnection Procedures.
This Agreement and the Power Purchase Agreement govern the terms and conditions under
which the Facility will interconnect to, and operate in parallel with, WAPA’s Electric System.
This Agreement does not constitute an agreement to purchase or deliver any electricity or any
other Product.
Nothing in this Agreement is intended to affect any other agreement between WAPA and Seller.
However, in the event that the provisions of this Agreement are in conflict with the provisions of
the Power Purchase Agreement, the Power Purchase Agreement shall control.
Interconnection Generally
Construction and Operation
Seller shall construct, test, commission, interconnect, operate, and maintain the Facility and
Seller’s Interconnection Facilities, and WAPA shall, at Seller’s expense, construct, test,
commission, interconnect, operate, and maintain WAPA’s Interconnection Facilities, as such
36 | P a g e
facilities are described in the Exhibits to this Agreement or the Final Interconnection Study, if
any, all in accordance with the applicable manufacturer’s recommendations, the Final
Interconnection Study, if any, and the Interconnection Standards. WAPA shall, at Seller’s
expense, construct, test, commission, interconnect, operate and maintain the System Upgrade
Facilities, if any, as such facilities are described in the Exhibits to this Agreement or the Final
Interconnection Study, if any, in accordance with the applicable manufacturer’s
recommendations, the Final Interconnection Study, if any, and the Interconnection Standards.
Permits and Approvals
Seller shall, at its expense, (a) acquire, maintain in effect and comply with, all Permits and
Approvals from all Governmental Authorities with jurisdiction over Seller, the Facility or Seller’s
Interconnection Facilities, and (b) complete all environmental impact studies, in each case
necessary for the ownership, construction, operation, maintenance, removal, remediation or
completion of the Facility, the Site or Seller’s Interconnection Facilities, and for Seller to perform
its obligations under this Agreement. WAPA shall not be responsible for any Permits and
Approvals or environmental studies or assessments that may be necessary for Seller to perform
its obligations under this Agreement.
Equipment Testing and Inspection
Seller shall test and inspect, or cause the testing and inspection, of the Facility and the
Interconnection Facilities prior to interconnection in accordance with the Interconnection
Standards, including applicable IEEE Standard 1547.
Interconnection Completion Certificate
Prior to commencing parallel operation, Seller shall provide WAPA with a Interconnection
Completion Certificate substantially in the form of Attachment 2 to the Interconnection
Procedures. The Interconnection Completion Certificate must either be signed by an electrical
inspector with the authority to approve the interconnection or be accompanied by the electrical
inspector’s own form authorizing interconnection of the Facility.
Authorization
Seller shall be authorized to commence parallel operation of the Facility with WAPA’s Electric
System upon submission of such Interconnection Completion Certificate and compliance with
the other requirements of the Interconnection Procedures.
Parallel Operation Obligations
37 | P a g e
Seller shall construct, own, operate and maintain the Interconnection Facilities in compliance
with the Interconnection Standards. Seller shall abide by all permissible written rules and
procedures developed by WAPA which pertain to the parallel operation of the Facility.
System Protection Facilities.
Seller shall procure all System Protection Facilities identified in the Final Interconnection Study,
if any, and shall install, maintain and operate all System Protection Facilities that are part of
Seller’s Interconnection Facilities. WAPA shall (a) install any System Protection Facilities that
may be required on WAPA’s Interconnection Facilities or WAPA’s Electric System as a result of
the interconnection of the Facility and Seller’s Interconnection Facilities to WAPA’s
Interconnection Facilities or WAPA’s Electric System and procure any such System Protection
Facilities not procured by Seller, the reasonable costs of such installation and procurement to be
paid by Seller, and (b) operate and maintain, at Seller’s expense, such System Protection
Facilities on WAPA’s Interconnection Facilities and WAPA’s Electric System. WAPA reserves the
right to establish reasonable acceptable settings for any installed System Protection Facilities. If
the Facility’s System Protection Facilities are removed from service or not capable of automatic
operation, Seller shall immediately notify WAPA via telephone and then in writing upon the later
of the Day of the occurrence or the Day on which Seller obtains knowledge of such occurrence.
Interconnection Facilities Specifications.
Within one hundred twenty (120) Days after the Commercial Operation Date, Seller shall deliver
to WAPA five (5) hard copies and two (2) CDs of a complete and up-to-date set of “as-built”
drawings, information and documents for Seller’s Interconnection Facilities, including a one-line
diagram, a site plan showing the Facility and Seller’s Interconnection Facilities, plan and
elevation drawings showing the layout of the Interconnection Facilities, a relay functional
diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities
associated with the step-up transformers, the facilities connecting the Facility to the step-up
transformers, and Seller’s Interconnection Facilities, and the impedances (determined by factory
tests) for the associated step-up transformers and the Facility. The generator step-up
transformer included in Seller’s Interconnection Facilities shall meet the specifications
determined by WAPA.
The review of Seller’s specifications by WAPA shall not be construed as confirming, endorsing, or
providing a warranty as to the design, fitness, safety, durability or reliability of the Facility, the
Interconnection Facilities, or the System Upgrade Facilities.
Communications
If required by the Final Interconnection Study:
38 | P a g e
Seller’s Interconnection Facilities shall use Seller-owned dedicated fiber-optic communication
circuits from Seller’s Interconnection Facilities to WAPA’s communication circuits at the Delivery
Point and a redundant telecommunications system.
Seller shall maintain satisfactory operating communications with WAPA, including providing
standard voice line, dedicated voice line and facsimile communications at its Facility control
room through use of a dedicated telephone system and a voice communications system, in each
case from the Facility to the Delivery Point and which does not rely on the public telephone
system. Seller shall also provide the dedicated data circuit(s) necessary to provide Seller data to
WAPA through the system specified in accordance with this Agreement (including applicable
WAPA requirements) and the Final Interconnection Study.
Remote Terminal Unit.
If required by the Final Interconnection Study, prior to the Initial Synchronization Date, a remote
terminal unit, or equivalent data collection and transfer equipment acceptable to the Parties,
shall be provided by Seller, and installed by Seller at its expense in Seller’s Interconnection
Facilities, and by WAPA, at Seller’s expense, in WAPA’s Interconnection Facilities, to gather
meteorological and solar energy production data and measure actual solar insolation, as shall be
further set forth in the Final Interconnection Study.
Equipment Maintenance.
Prior to the Commercial Operation Date, Seller shall provide to WAPA preliminary information
on schedules to, and description of, equipment maintenance for interconnection and generation
equipment, with final information to be provided after such equipment is selected, put on order
and such information is provided by the manufacturers.
Emergencies
Obligations. Seller shall use its best efforts to comply with the emergency procedures of WAPA,
the VIPSC, and Applicable Laws.
Notice. WAPA shall notify Seller promptly when it becomes aware of an Electric System
Emergency that affects WAPA’s Interconnection Facilities or WAPA’s Electric System that may
reasonably be expected to affect Seller’s operation of the Facility or Seller’s Interconnection
Facilities. Seller shall notify WAPA promptly when it becomes aware of an Electric System
Emergency that affects the Facility or Seller’s Interconnection Facilities that may reasonably be
expected to affect WAPA’s Electric System or WAPA’s Interconnection Facilities. To the extent
such information is known, the notification shall describe the Electric System Emergency, the
extent of the damage or deficiency, the expected effect on the operation of Seller’s or WAPA’s
facilities and operations, its anticipated duration and the corrective action taken or to be taken.
The initial notice shall be followed as soon as practicable with written notice.
39 | P a g e
Immediate Action. Unless, in Seller’s reasonable judgment, immediate action is required, Seller
shall obtain the consent of WAPA, such consent not to be unreasonably withheld, prior to
performing any manual switching operations at the Facility or Seller’s Interconnection Facilities
in response to an Electric System Emergency either declared by WAPA or otherwise regarding
WAPA’s Electric System.
Disconnection. If the electrical output of the Facility, as measured at the Delivery Point, exceeds
[___] kW, WAPA may, in order to protect WAPA’s Electrical System from damage, disconnect
the Facility or Seller’s Interconnection Facilities from WAPA’s Electrical System, until such time
that the electrical output of the Facility is less than [___] kW.
WAPA Authority. WAPA may take whatever actions with regard to WAPA’s Electric System or
WAPA’s Interconnection Facilities it deems necessary during an Electric System Emergency in
order to (i) preserve public health and safety, (ii) preserve the reliability of WAPA’s Electric
System or WAPA’s Interconnection Facilities, (iii) limit or prevent damage, or (iv) expedite
restoration of service.
Seller Authority. Consistent with the Interconnection Standards and this Agreement, Seller may
take whatever actions or inactions with regard to the Facility or Seller’s Interconnection
Facilities during an Electric System Emergency as reasonably may be required to (i) preserve
public health and safety, (ii) preserve the reliability of the Facility or Seller’s Interconnection
Facilities, or (iii) limit or prevent damage. Seller shall use commercially reasonable efforts to
minimize the effect of such actions or inactions on WAPA’s Electric System and WAPA’s
Interconnection Facilities. WAPA shall use commercially reasonable efforts to assist Seller in
such actions.
Limited Liability. No Party shall be liable to another Party under this Agreement for any action it
takes in responding to an Electric System Emergency, so long as such action is made in good
faith and is consistent with the Interconnection Standards.
Right of Access
At reasonable hours, and upon reasonable notice, or at any time without notice in the event of
an Electric System Emergency or other emergency or hazardous condition, WAPA shall have the
right to access to the Site for any reasonable purpose in connection with this Agreement, or as
provided in the Power Purchase Agreement.
Exclusivity
The Interconnection Facilities shall be constructed and used by Seller for the sole purpose of
interconnecting the Facility to WAPA’s Electric System. Seller shall use such facilities for no
other purpose, and Seller shall not permit or suffer any Person to use such facilities other than
WAPA or a permitted assignee of this Agreement.
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Effective Date, Term, Termination, And Disconnection
Effective Date
This Agreement shall become effective upon execution by the Parties.
Term of Agreement
This Agreement shall remain in effect until the earlier of the expiration of the Contract Term
(including any extension thereof under the Power Purchase Agreement) or the earlier
termination of the Power Purchase Agreement in accordance with its terms.
Effect of Termination
Upon termination of this Agreement, the Facility will be disconnected from WAPA’s Electric
System. The termination of this Agreement shall not relieve either Party of its liabilities and
obligations, owed or continuing at the time of the termination, including Seller’s obligations
under Article 4.
Temporary Disconnection
WAPA may reduce, suspend, or interrupt interconnection service, curtail the output of the
Facility, or temporarily disconnect the Facility from WAPA’s Electric System for so long as
reasonably necessary in the event one or more of the following conditions or events:
Electric System Emergency: During an Electric System Emergency, WAPA may reduce, suspend,
or interrupt interconnection service, curtail the output of the Facility, or temporarily disconnect
the Facility from WAPA’s Electric System as provided in Article 2.12.4 above.
Routine Maintenance, Construction, and Repair: WAPA may reduce, suspend, or interrupt
interconnection service, curtail the output of the Facility, or temporarily disconnect the Facility
from WAPA’s Electric System to conduct planned maintenance or testing or to install or replace
equipment of the interconnection or adjacent transmission, subtransmission, or distribution
facilities. WAPA shall provide Seller with advance notice prior to such interruption, and Seller
shall use reasonable efforts to coordinate its maintenance outages with WAPA’s maintenance
schedule, as provided in the Power Purchase Agreement.
Forced Outages: During any forced outage, WAPA may reduce, suspend, or interrupt
interconnection service, curtail the output of the Facility, or temporarily disconnect the Facility
41 | P a g e
from WAPA’s Electric System to effect immediate repairs on WAPA’s Electric System. WAPA
shall use reasonable efforts to provide Seller with prior notice.
Adverse Operating Effects: WAPA shall provide Seller with a written notice of its intention to
disconnect the Facility if, based on the Interconnection Standards or Good Engineering and
Operating Practices, WAPA determines that operation of the Facility will likely cause
unreasonable disruption or deterioration of service to other WAPA customers, or if operating
the Facility could cause damage to WAPA’s Electric System. Supporting documentation used to
reach the decision to disconnect shall be provided to Seller upon request. WAPA may disconnect
the Facility if, after receipt of the notice, Seller fails to remedy the adverse operating effect
within a reasonable time from the date Seller receives WAPA’s written notice supporting the
decision to disconnect, unless an Electric System Emergency exists, in which case the provisions
of Article 3.4.1 apply.
Modification of the Facility: Seller shall not make any change to the Facility or Seller’s
Interconnection Facilities that may have a material impact on the safety or reliability of the
Interconnection Facilities or WAPA’s Electric System without the prior written authorization
from WAPA. Any such modifications shall be completed in accordance with Good Engineering
and Operating Practices and the Interconnection Standards. If Seller makes such modification
without WAPA’s prior written authorization, WAPA shall have the right to disconnect the Facility
until Seller obtains WAPA’s written authorization of the modification and to reconnect the
Facility to WAPA’s Electric System.
The Parties shall cooperate with each other to restore the Facility, Interconnection Facilities, and
WAPA’s Electric System to their normal operating state as soon as reasonably practicable
following a temporary disconnection. Seller shall not connect or reconnect the Facility or
Seller’s Interconnection Facilities to WAPA’s Interconnection Facilities or WAPA’s Electric System
except with the express written authorization of an authorized representative of WAPA and
after giving WAPA written notice at least ten (10) Days in advance of such connection or
reconnection to allow a representative of WAPA to observe such connection or reconnection if
WAPA so chooses.
Cost Responsibility For Interconnection Facilities And Distribution
Upgrades
Interconnection Facilities
Seller shall pay for the cost of designing, engineering, procuring, constructing, installing,
completing, testing, and commissioning the Interconnection Facilities, including Seller’s
Interconnection Facilities and WAPA’s Interconnection Facilities (“WAPA’s Construction Costs”).
The Preliminary Interconnection Study or the Final Interconnection Study, if any, shall specify
the Interconnection Facilities necessary to interconnect the Facility with WAPA’s Electric System
in accordance with the Interconnection Standards, and shall identify separately the
Interconnection Facilities to be owned by Seller (“Seller’s Interconnection Facilities”) and those
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to be owned by WAPA (“WAPA’s Interconnection Facilities”), as well as the estimated cost of
those facilities, and the expected time required to build and install those facilities.
Seller shall be responsible for all costs and expenses of designing, engineering, procuring,
constructing, installing, completing, testing, and commissioning Seller’s Interconnection
Facilities, and of owning, operating, maintaining, repairing, and replacing Seller’s
Interconnection Facilities.
Seller shall be responsible for all costs and expenses incurred by WAPA in operating,
maintaining, repairing, and replacing WAPA’s Interconnection Facilities (“WAPA’s
Interconnection Operating Costs”).
WAPA shall be responsible for all costs and expenses incurred by WAPA in owning WAPA’s
Interconnection Facilities and of owning, operating, maintaining, repairing, and replacing the
System Upgrades.
System Upgrades
WAPA shall design, engineer, procure, construct, install, and own any upgrades to WAPA’s
Electric System (“System Upgrades”). The actual cost of System Upgrades, including overheads,
shall be paid by Seller.
Title
Notwithstanding Seller’s payments in connection with WAPA’s Interconnection Facilities, Seller
shall not at any time obtain any title or other interest in WAPA’s Interconnection Facilities.
WAPA shall at all times possess and retain title to, and care, custody and control of, WAPA’s
Interconnection Facilities, including any equipment or facilities procured, and all Permits and
Approvals obtained, in connection therewith, unless WAPA sells, transfers or otherwise disposes
of such WAPA’s Interconnection Facilities.
Invoicing and Payment
Seller Deposit
No later than [___] Business Days after the Contract Date, or if WAPA determines that the Final
Interconnection Study will be required, not later than [___] Business Days after the completion
of the Final Interconnection Study, Seller shall provide WAPA with a deposit equal to fifty (50)
percent of the cost estimated for WAPA’s Interconnection Facilities and System Upgrades as set
forth in the Preliminary Interconnection Study or the Final Interconnection Study, if any.
Billing and Payment Procedures
WAPA shall invoice Seller for WAPA’s Construction Costs, on a monthly basis, unless otherwise
agreed by the Parties. Seller shall pay each invoice within thirty (30) Days of receipt, or as
otherwise agreed by the Parties.
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Within ninety (90) Days of completing and commissioning WAPA’s Interconnection Facilities,
WAPA shall provide Seller with a final report of WAPA’s Construction Costs, which shall set forth
any difference between (1) the actual amount of WAPA’s Construction Costs and the budget
estimate in the Final Interconnection Study, if any, and (2) Seller’s previous deposit and
aggregate payments to WAPA for WAPA’s Construction Costs. If Seller’s cost responsibility
exceeds its previous deposit and aggregate payments, WAPA shall invoice Seller for the amount
due and Seller shall make payment to WAPA within thirty (30) Days of invoice. If Seller’s
previous deposit and aggregate payments exceed its cost responsibility under this Agreement,
WAPA shall refund to Seller an amount equal to the difference within thirty (30) Days of the final
report.
WAPA shall invoice Seller for WAPA’s Interconnection Operating Costs on a monthly basis. The
invoiced amounts shall be due and payable according to the terms set forth in Article 5 of the
Power Purchase Agreement.
Unless otherwise specified herein, or in the Power Purchase Agreement, any other payments
due under this Agreement shall be due and payable according to the terms set forth in Article 5
of the Power Purchase Agreement.
Invoice Disputes. In the event of a bona fide dispute about the correctness of amounts due
under this Agreement, the Parties shall use the invoice dispute resolution procedures set forth
in Section 5.5 of the Power Purchase Agreement.
Default and Remedies
Default
Default exists where a Party fails to perform any material obligation under this Agreement that
remains uncured for thirty (30) Days after such Party receives notice from the other Party of
such failure, with such notice describing in reasonable detail the nature of the failure; provided,
that if such failure to perform is not reasonably capable of being cured within such thirty (30)
Day cure period but is reasonably capable of being cured, the defaulting Party shall have such
additional time, not to exceed sixty (60) Days, as is reasonably necessary to cure such nonperformance, so long as such defaulting Party promptly commences and diligently pursues such
cure.
Remedies
If a default is not cured as provided in this Article, or if a default is not capable of being cured
within the period provided for herein, the non-defaulting Party may, at its option, exercise one
or more of the following remedies:
upon thirty (30) Days’ prior written notice, terminate this Agreement; and
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pursue and have recourse to any other right or remedy to which it
may be entitled by law,
at equity, or under this Agreement, including specific performance, injunction, and the right to
recover all
damages, losses, costs and expenses (including reasonable attorney fees)
incurred as a result of such default.
Remedies Cumulative.
Each right or remedy of the Parties under this Agreement shall be cumulative of and shall be in
addition to every other right or remedy provided herein, and the exercise, or the beginning of
the exercise, by a Party of any one or more of the rights or remedies provided for herein shall
not preclude the simultaneous or later exercise by such Party of any or all other rights or
remedies provided for herein.
Insurance
Seller shall obtain and maintain insurance as required by Article 11 of the Power Purchase
Agreement.
Assignment
This Agreement may not be assigned by either Party without the prior written consent of the
non-assigning Party, such consent not to be unreasonably withheld; provided, that either Party
may assign this Agreement to any Person to whom such Party assigns the Power Purchase
Agreement consistent with the provisions thereof. The provisions of Section 18.1(b), (c), and (d)
of the Power Purchase Agreement shall apply to this Agreement as if fully set forth herein,
mutatis mutandis.
Miscellaneous
Survival
The provisions of Articles 6 and 9 hereof will survive termination of this Agreement.
Incorporation of Provisions of Power Purchase Agreement
The provisions of Articles 14, 16, and 17, and Sections 1.2, 18.2, 18.3, 18.4, 18.5, 18.7, 18.8,
18.9, and 18.10 of the Power Purchase Agreement shall apply to this Agreement as if fully set
forth herein, mutatis mutandis.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered by their
duly authorized representatives as of the date first set forth above.
[SELLER]
By: __________________________________
Name:
Title
ATTEST:
VIRGIN ISLANDS WATER AND POWER AUTHORITY
__________________________________
By: __________________________________
Name:
Title
APPROVED AS TO LEGAL FORM AND CONTENT
By: __________________________________
COUNSEL TO THE VIRGIN ISLANDS WATER AND POWER
AUTHORITY
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10.2 APPENDIX B – DESIGN-BUILD FIRM INSURANCE REQUIREMENTS
1. The Design-Build firm agrees to procure and maintain insurance coverage according to the following
specifications and to name the Authority and Authority Agents (as defined in this Agreement) as
insured/additional insured with respect to the insurance policies described in (a) and (c) below:
a.
$1,000,000 per occurrence/$2,000,000 aggregate Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
Broad form property damage
Premises/Operations
Independent Contractors
(Blanket) Broad form Contractual
b.
Workers’ Compensation as required by law; $500,000 Employer’s Liability;
c.
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non-owned autos. The Authority acknowledges and agrees that so long as the
Design-Build firm does not own any automobiles, the Design-Build firm is required to maintain
$1,000,000 in hired and non-owned automobiles insurance coverage only. The Authority also
acknowledges and agrees to waive the additional insured required for hired and non-owned
automobile insurance coverage; and
d.
Professional Liability Insurance with minimum limits of $2,000,000 per claim and $2,000,000
aggregate.
e.
The insurance company(s) issuing the policy or policies shall have no recourse against the
Authority for payment of any premiums or for assessments under any forms of policy.
f.
Any and all deductibles in the above-described insurance policies shall be assumed by and be for
the account of, and at the sole risk of, the Design-Build contractors.
g.
All Certificates are to provide thirty (30) days’ notice of termination, cancellation or material
reduction in amount of coverage. Certificates of Insurance and insurance binders must be
provided no less than ten (1) working days before commencement of work to the Authority.
Insurance carriers are subject to the approval of the Authority.
h.
Insurance required to be provided herein must be placed with insurance carriers authorized to
do business in the United States Virgin Islands and rated A-VIII or above with A.M. Best.
2. Design-Build firm shall require all of its subconsultants/subcontractors to procure and maintain
insurance coverage according to the following specifications and to name the Authority and Authority
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Agents (as defined in this Contract) as insured/additional insured with respect to the insurance policies
described in (a) below:
a.
$1,000,000 per occurrence/$2,000,000 aggregate Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
Broad form property damage
Premises/Operations
Independent Contractors
(Blanket) Broad form Contractual
b.
Professional Liability Insurance with minimum limits of $2,000,000 per claim and $2,000,000
aggregate.
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10.3 APPENDIX C – VIPA PAYMENT AND PERFORMANCE BOND FORMS
SECTION 00610
PERFORMANCE BOND
VIRGIN ISLANDS PORT AUTHORITY
HENRY E. ROHLSEN AIRPORT
2 MW PHOTOVOLTAIC ARRAY
ST. CROIX, U. S. VIRGIN ISLANDS
TERRITORY OF THE UNITED STATES VIRGIN ISLANDS)
CITY OF
)
KNOW ALL MEN BY THESE PRESENTS that we,
, as
Principal, and
as Surety, are held and firmly
bound unto the VIRGIN ISLANDS PORT AUTHORITY, St. Thomas, USVI hereinafter called the
Owner, in the Penal Sum of
Dollars and
Cents, ( $
), for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal, on the
day of
, 2016, entered into a certain Contract with the Owner, hereto attached for
the Contract entitled VIRGIN ISLANDS PORT AUTHORITY, HENRY E. ROHLSEN
AIRPORT, 2 MW PHOTOVOLTAIC ARRAY, ST. CROIX, U. S. VIRGIN ISLANDS
NOW THEREFORE, if the Principal shall well and truly perform and fulfill the undertakings,
covenants, terms conditions and agreements of said Contract, and shall well and truly perform
and fulfill undertakings, covenants, terms and conditions and agreements of duly authorized
modifications to the Contract that may hereafter be made, notice of which modifications to the
Surety being hereby waived, and furthermore, if the Principal shall promptly make payments to
persons supplying him with labor, materials and supplies, used directly or indirectly by said
Principal, or any subcontractors, in the prosecution of the work provided for in said Contract and
duly authorized modifications thereto, then this obligation shall be void; otherwise to remain in
full force and effect.
THIS PERFORMANCE BOND shall also be security for the performance of the Principal and
Surety following additional covenants and obligations, and the recitals and reference herein
contained shall constitute a part of the bond and obligation:
a.
Each and every person, natural and artificial, for whose benefit this Bond has been
executed, as disclosed by the text of this Bond and of said Contract, specifications and
plans, and of said agreement and instruments attached together and made a part of this
said Contract, shall have the same several rights of suit or action upon this bond, as if he
or they were the Owner herein specifically mentioned, and the obligations hereafter shall
be several as to the rights of said persons and the Owner.
b.
In each and every suit brought against the Principal and Surety upon this Bond in which
the Plaintiff shall be successful, there shall be assessed therein against the Principal and
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Surety herein, in favor of the Plaintiff therein, reasonable counsel fees, which the
Principal and Surety hereby expressly agree to pay as a part of the cost and expense of
said suit.
c.
In case of termination of the contract, as provided in the Contract Documents, there shall be
assessed against the Principal and Surety herein, expenses, including engineering and legal
services, incident to collecting losses to the Owner under this Bond.
d.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance to the project by the Owner as are provided for in the Contract
Documents, including General and Special Conditions thereof, and the Principal hereby
guarantees to repair or replace for ht said period of work performed and materials and
equipment furnished, where not performed or furnished according to the terms of the
Contract Documents. The Principal further guarantees to repair or replace any defects in all
work performed, materials and equipment furnished under the Contract Documents which
have become apparent before the expiration of said period of time. If no specific periods of
warranty are stated in the Contract Documents for any particular item of work, material and
equipment, the Principal hereby guarantees the same for a minimum period of one year
from the date of acceptance by Owner.
IN WITNESS WHEREOF, the above parties have caused this Bond to be executed by their
appropriate officials, as of the
day of
, 2016.
WITNESSES:
PRINCIPAL (If Corporation)
For:
(Corporation Name)
By:
President
ATTEST:
Secretary
(Corporate Seal)
COUNTERSIGNED BY
RESIDENT VIRGIN ISLANDS
AGENT AS SURETY:
SURETY:
For:
Copy of Agent's current License
shall be attached
By:
Attorney-in-Fact
(Complete above if Surety
is not U.S. Treasure Listed)
(Corporate Seal)
(Power of Attorney shall be attached)
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SECTION 00620
PAYMENT BOND
VIRGIN ISLANDS PORT AUTHORITY
HENRY E. ROHLSEN AIRPORT
2 MW PHOTOVOLTAIC ARRAY
ST. CROIX, U. S. VIRGIN ISLANDS
TERRITORY OF THE UNITED STATES VIRGIN ISLANDS)
CITY OF
)
KNOW
ALL
MEN
BY
THESE
PRESENTS
that
we,
, as Principal, and
as Surety, are held and firmly
bound unto the VIRGIN ISLANDS PORT AUTHORITY, St. Thomas, USVI hereinafter called the
Owner, in the Penal Sum of
Dollars and
Cents, ( $
), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal, on the
day of
, 2016, entered into a certain Contract with the Owner, hereto
attached for the Contract entitled VIRGIN ISLANDS PORT AUTHORITY, HENRY E.
ROHLSEN AIRPORT, 2MW PHOTOVOLTAIC ARRAY, ST. CROIX, U. S. VIRGIN
ISLANDS
NOW THEREFORE, the condition of this obligation is such, that if the Principal shall promptly
make payments to persons supplying labor, materials and supplies used directly or indirectly by
said Principal or his subcontractor in the prosecution of the work provided for in said Contract,
then this obligation shall be void; otherwise to remain in full force and effect, subject, however,
to the following conditions:
THIS PAYMENT BOND is executed for the purpose of complying with statutory or other legal
requirements in the location where the construction is to be performed and all acts amendatory
thereof, and this Bond shall insure to the benefit for any and all persons supplying labor,
material and supplies used directly or indirectly by the Principal or his subcontractors in the
prosecution of the work provided for in said Contract so as to give such persons a right of action
to recover upon this Bond in a separate suit brought on this Bond. No right of action shall
accrue hereunder to or for the use of any persons except as such right of action may be given
and limited by appropriate statutes.
In each and every suit brought against the Principal and Surety upon this Bond in which the
Plaintiff shall be successful, there shall be assessed therein against the Principal and Surety
herein, in favor of the Plaintiff therein, reasonable counsel fees, which the Principal and Surety
hereby expressly agree to pay as a part of the cost and expense of said suit.
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A Claimant, except a laborer, who is not privity with the Principal and who has not received
payment for his labor, materials, or supplies, shall, within forty-five (45) days after beginning to
furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a
notice that he intends to look to the bond for protection.
IN WITNESS WHEREOF, the above parties have caused this Bond to be executed by their
appropriate officials, as of the
day of
, 2016.
WITNESSES:
PRINCIPAL (If Corporation)
For:
(Corporation Name)
By:
President
ATTEST:
Secretary
(Corporate Seal)
COUNTERSIGNED BY
RESIDENT VIRGIN ISLANDS
AGENT AS SURETY:
SURETY:
For:
Copy of Agent's current License
shall be attached
By:
Attorney-in-Fact
(Complete above if Surety
is not U.S. Treasure Listed)
(Corporate Seal)
(Power of Attorney shall be attached)
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