Meeting Date: Jan. 11, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Bradley Northup, Public Works Superintendent [email protected], 760-602-2400
Subject: Authorize Agreement with San Diego Gas & Electric to Participate in Power Your Drive for Fleets’ Make-Ready Infrastructure Program District: 2
Recommended Action
Adopt one resolution: (a) Authorizing execution of an agreement with San Diego Gas & Electric to participate in the Power Your Drive for Fleets’ Make-Ready Infrastructure Program; (b) Authorizing granting of easement(s) to SDG&E for electric infrastructure; (c) Authorizing expanding the scope of the Fleet Fuel Island Capital Improvement Program Project No. 4747; and (d) Authorizing a transfer and appropriation of $100,800 from the Fleet Maintenance Fund to the Infrastructure R
eplacement Fund for the charging equipment.
Execut
ive Summary
San Diego Gas & Electric’s Power Your Drive for Fleets’ make-ready infrastructure program offers an opportunity for the City of Carlsbad to accelerate its conversion from medium- and heavy-duty gas-powered vehicles to electric vehicles. The program will pay for the design, purchase, construction and installation of the infrastructure needed for electrical vehicle charging stations for the medium- and heavy-duty vehicles that make up 20% of the city’s fleet.
SDG&E would cover the estimated $300,000 costs of this installation. The city would pur chase the actual chargers.
Converting to zero-emission vehicles also advances the goals of the city’s Climate Action Plan by reducing greenhouse gas emissions. The city will also be required to convert existing vehicles to zero-emission vehicles beginning in 2024 if newly proposed state regulations are approved.
Staff have determined that taking advantage of this program would help the city with a critical step in this conversion p rocess and have identified the city’s existing Fleet Services facility as the optimum site for the central charging station the city will need for its electric vehicles.
To take advantage of this opportunity, staff recommend the City Council authorize execution of an agreement with SDG&E to participate in the program, ap prove granting any associated easeme
nts to SDG&E for electric infrastructure, authori ze expansion of the scope of the Fleet Fuel
Island Capital Improvement Program Project and appropriate $100,8 00 for purchase and installation of the required charging equipment.
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The council’s approval for the agreement is required under Carlsbad Municipal Code Section
3.28.040(D)(1) which established the City Council as the awarding authority for the procurement of professional services that will cost the city more than $100,000 per agreement year.
Discussion
Background
The city intends to convert medium- and heavy-duty vehicles to low or zero-emission vehicles to meet the goals of the city’s Climate Action Plan and adhere to anticipated new requirements from the California Air Resources Board.
The city’s Climate Action Plan identifies how greenhouse gas emissions within the city will be reduced in accordance with statewide targets through the implementation of certain specific measures. One action is to “Update the city’s Fleet Management Program to include a low and zero-emissions vehicle replacement/purchasing policy. Increase the proportion of fleet low and zero-emissions vehicles miles traveled to 25 percent of all city-related VMT [vehicle miles traveled] by 2035.”
(Measure L, Action L-7)
In addition, the California Air Resources Board’s newly proposed Advanced Clean Fleets regulations would require fleet owners, including the City of Carlsbad, to convert existing vehicles to zero-emission vehicles beginning in 2024, with a requirement that all vehicles model year 2027 and newer be zero emission. Staff expect the board will adopt these proposed regulations or substantially similar regulations. That action is expected in 2022.
The city’s fleet has 87 vehicles that could be subject to zero emission conversion if the proposed state regulations are approved, about 20% of its fleet.
To meet these proposed regulatory requirements, the Public Works Branch, Fleet Services Division staff have conducted evaluations of the city’s existing medium- and heavy-duty vehicles that would be affected by these new regulations and have determined the city will need a consolidated electric vehicle charging hub at the city’s Fleet Services facility, at 2480 Impala Drive.
Power Your Drive for Fleets program
SDG&E established the Power Your Drive for Fleets program in 2020 to support California’s goal of reaching 1.5 million zero-emission vehicles by 2025. The program installs “make-ready infrastructure,” which SDG&E defines as all of the electrical infrastructure required to make a commercial site ready for electric vehicle charging, not including the actual chargers. This can include upgrades to transformers, concrete work and increases to service capacity. The program is tasked with serving at least 3,000 medium- and heavy-duty on-road and off-road vehicles at 300 customer sites throughout SDG&E’s service area.
This program is focused on medium- and heavy-duty electric vehicles, as defined by the U.S.
Department of Energy. It applies to the following vehicle types:
• Medium- and heavy-duty trucks and vans, such as those used by the Public Works Branch and Parks & Recreation Department
• Transit, commuter and school buses such as those used by the libraries and community centers
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• Forklifts and other equipment such as those used by the Public Works Branch and Parks & Recreation Department
Through the program and at no cost to the city, SDG&E will:
• Design all infrastructure necessary to operate up to 26 customer-supplied Level 3 EV charging stations
• Permit and construct infrastructure to include all trenching, conduit, wire, hardscape work, signage, protective measures and site restoration • Purchase all materials and equipment necessary to complete construction • Install and maintain all infrastructure from SDG&E’s distribution system to a new meter, transformer and circuit panel(s) to support city-supplied EV charging equipment • Provide the city with rebates of up to 50% for purchase of qualified EV charging equipment
In agreeing to participate in this program, the city will:
• Provide a vehicle acquisition plan that details the number, type and charging level of vehicles to be converted in this program
• Purchase, install, operate and maintain EV charging equipment connected to SDG&E’s installed circuit panel(s) for a period of 10 years from the in-service date • Agree to purchase the electricity consumed on this new circuit through SDG&E’s discounted EV-High Power charging rate plan during the term of this agreement (Exhibit 2)
• Support data collection and use information for regulatory reporting, industry forums, case studies or other similar activities
• Grant easement(s) to SDG&E for the infrastructure installed • Incur, as damages for breach of agreement or early termination of the agreement, SDG&E’s costs to install the electrical vehicle charging infrastructure, which SDG&E currently estimates at $100,000.
SDG&E has provided preliminary 30% design documents and a site map to the city for planning purposes. With the City Council’s approval, SDG&E will complete the infrastructure design and begin planning for phased construction efforts (Exhibit 3).
Implementation
City staff evaluate the feasibility of replacing a gas-powered vehicle nearing the end of its life cycle with a low or zero-emission vehicle during regular vehicle replacement committee planning sessions. Staff consider a vehicle’s expected utilization, daily drive duty cycle, market availability and the cost of a comparable low- or zero-emission vehicle.
To support conversion of this portion of the city’s fleet, Level 3 charging stations – direct- current fast chargers – will need to be installed at the city’s Fleet Services facility. These charging stations will provide a long-term, convenient and consolidated charging solution to support light-, medium- and heavy-duty vehicles throughout the duration of the city’s electrification conversion efforts.
Construction of the site will progress with a phased approach and is expected to be ready for vehicle charging, with two active charging port stations, in Fall 2022. The make-ready infrastructure provided by the program will be expanded during each subsequent year of Jan. 11, 2022
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SDG&E’s five-year construction window. Staff estimate four make-ready infrastructure pads will be prepared each year to house city-procured electric vehicle charging equipment for an ultimate total of 26 at project completion.
Staff will return to the City Council with a proposed amendment to the agreement if the installation costs exceed SDG&E’s $100,000 estimate, to amend any easements or update SDG&E’s estimated costs to install the electrical vehicle charging infrastructure, as necessary for future phases of this program.
The Fleet Fuel Island Upgrade, Capital Improvement Program Project No. 4747, includes evaluation and repair and/or upgrade of the underground fuel tanks, piping, fuel leak detection and monitoring system, and installation of a fuel island canopy. Staff request that the City Council authorize expanding the scope of the project to include the installation of electric vehicle charging infrastructure and appropriate $100,800 for the purchase of ChargePoint charging equipment. ChargePoint is a major provider of charging stations, and its devices are already in use at the city’s existing electric vehicle charging stations.
Options
Staff provide the following options for the City Council’s consideration:
1. Authorize execution of an agreement with SDG&E to participate in Power Your Drive for Fleets’ Make-Ready Infrastructure Program, approve granting the associated easement(s) to SDG&E for electric infrastructure, authorize expanding the scope of Capital Improvement Program Project No. 4747 and authorize a transfer and appropriation of $100,800 from the Fleet Maintenance Fund to the Infrastructure Replacement Fund
Pros
• Provides a cost-effective and fast solution to increase the city’s electric vehicle charging infrastructure
• Eliminates the need for a city-managed project design, solicitation and capital construction effort that would cost an estimated $300,000 • Provides significant cost savings in design, construction and materials Cons
• Costs of planning and installing electric vehicle infrastructure, currently estimated by SDG&E at $100,000, may fall on the city if electric vehicle charging breaches the terms of agreement (Attachment A)
2. Do not authorize execution of the agreement or take the related recommended actions Pros
• Provides for flexible power purchasing options, such as photovoltaic solar panels Cons
• Does not allow the city to realize cost savings on design, construction and materials
• Requires concerted efforts on multiple contracts to execute design and construction services
• Delays installation of EV charging infrastructure
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• Delays compliance with Climate Action Plan goals and proposed California Air Resources Board regulations
Staff recommend Option 1 for the City Council’s approval – authorize execution of an agreement with SDG&E to participate in the Program, approve granting the associated easement(s) to SDG&E for electric infrastructure, authorize expanding the scope of Capital Improvement Program Project No. 4747 and authorize a transfer and appropriation of $100,800 from the Fleet Maintenance Fund to the Infrastructure Replacement Fund as part of the project Fiscal Analysis
The city will be responsible for purchase, installation, and activation of two Level 3 direct current fast chargers. A quote from Sourcewell cooperative pricing contract (#051017-CPI) for two ChargePoint model CPE250 62.5kW DC fast chargers, inclusive of activation and remote access management subscriptions, is attached as Exhibit 4.
Participation in the Power Your Drive for Fleets program may qualify the city for rebates on purchase costs of electric vehicle charging equipment up to 50%, or $75,000, per charger, whichever is less, depending on the vehicle type being supported. Staff anticipate requesting procurement of additional electric vehicle charging equipment in future years via cooperative purchasing agreements and will utilize rebates and discounts where applicable throughout the entirety of the five-year construction phase of this program.
The city will be responsible for ongoing costs of the electricity being consumed by these electric vehicle chargers and will be incorporating these costs into the Fleet Services Division fuel budget as a cost of vehicle operation. The estimated annual operating costs, including maintenance and subscription dues, for each direct current, fast-charging station is $2,000 per year. Operating costs will be budgeted annually in the Fleet Maintenance operating budget.
The city will retain ownership rights to any and all California low carbon fuel credits that will be generated by charging medium- and heavy-duty vehicles, which can be sold to offset program operations or equipment purchasing costs in perpetuity in the California Low Carbon Fuel Credits program.
The city will not incur any membership or participant fees by entering into this agreement.
The city will not be responsible for any permitting, design, construction or installation costs for any make-ready infrastructure components. Staff estimate SDG&E’s costs for these items to be in excess of $300,000, which would be cost savings or cost avoidance to the city.
Funding for the Fleet Fuel Island Upgrade project has been appropriated from the Infrastructure Replacement Fund. The additional appropriation requested for the electric vehicle charging infrastructure will be funded from the available balance of the Fleet Maintenance Fund. Staff recommend the City Council authorize a transfer and appropriation of $100,800 from the Fleet Maintenance Fund to the Infrastructure Replacement Fund, Fuel Island Upgrade project to fund the purchase, installation and activation of two ChargePoint direct current fast chargers.
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Fleet Fuel Island Upgrade,
Capital Improvement Program Project No. 4747
Current estimated project costs-fuel island upgrade $1,663,000 EV charging equipment-SDG&E’s Power Your Drive Program $100,800 TOTAL ESTIMATED PROJECT COSTS $1,763,800
Total appropriation to date-Infrastructure Replacement Fund $1,663,000 Additional appropriation requested $100,800
UPDATED PROJECT COSTS $1,763,800
Next Steps
Upon receiving the City Council’s authorization, staff will execute an agreement with SDG&E, which will then complete the design and begin the permitting process for construction.
Construction is estimated to begin in August 2022 with construction estimated to be completed by October 2022.
Staff will purchase associated charging equipment in coordination with the SDG&E construction schedule timelines for installation. Remaining phases of construction will be scheduled annually to complete installation of all make-ready infrastructure by 2027.
Environmental Evaluation
This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Public Notification and Outreach
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. SDG&E Power Your Drive for Fleets fact sheet 2021
3. SDG&E 30% design and site map
4. Quote for ChargePoint charging stations
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RESOLUTION NO. 2022-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN
DIEGO GAS & ELECTRIC TO PARTICIPATE IN THE POWER YOUR DRIVE FOR
FLEETS' MAKE-READY INFRASTRUCTURE PROGRAM, AUTHORIZING
GRANTING OF EASEMENT(S) TO SAN DIEGO GAS & ELECTRIC FOR ELECTRIC
INFRASTRUCTURE, AUTHORIZING EXPANDING THE SCOPE OF THE FLEET FUEL ISLAND CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4747, AND AUTHORIZING A TRANSFER AND APPROPRIATION OF $100,800 FROM THE
FLEET MAINTENANCE FUND TO THE INFRASTRUCTURE REPLACEMENT FUND
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that San Diego Ga~. & Electric, or SDG&E, established the Power Your Drive for Fleets' Make-Ready Infrastructure Progran to support California's goal to reach 1.5 million zero-emission vehicles by 2025; and WHEREAS, staff has determined that it is necessary to install make-ready infrastructure tc support the conversion of medium- and heavy-duty vehicles to hybrid or electric vehicles, or EV; and WHEREAS, newly proposed California Air Resources Board, or CARB, regulations, if approved in their current form, will require fleet owners to convert existing vehicles to zero-emission vehicles beginning in 2025; and
WHEREAS, the Public Works Branch, Fleet Services Division staff have conducted evaluations of the city's existing medium- and heavy-duty vehicles that would be affected by these new regulations:
and have determined the need for a consolidated EV charging hub located at the city's existing Fleet Services facility at 248o" Impala Drive; and
WHEREAS, in order to meet the city's Climate Action Plan, or CAP, goals and prepare for these newly proposed CARB regulations that staff expect will be adopted, staff has determined that it is in the best interest of the city to participate in the SDG&E Power Your Drive for Fleets' Make-Ready Infrastructure Program; and
WHEREAS, the city will be responsible for the cost of EV charging equipment with an estimated first-year expense of $100,800 for purchase, installation and activation of two Level 3 direct current, or DC, fast chargers; and
WHEREAS, participation in this agreement may qualify the city for rebates on the purchase cost of EV charging equipment of up to 50% or $75,000 per charger, whichever is less, depending on the power output of the selected charging equipment; and
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EXHIBIT l
WHEREAS, staff plan to procure EV charging equipment each year via cooperative purchasing agreements and will utilize rebates and discounts where applicable throughout the entirety ofthe five year construction phase of this program; and
WHEREAS, the city will be responsible for ongoing costs of the electricity being consumed b~ these EV chargers, and staff will incorporate these costs into the Fleet Services Division fuel budget as a cost of vehicle operation; and
WHEREAS, the city will retain ownership rights to any and all California low carbon fuel credits that will be generated by charging medium- and heavy-duty vehicles, which can be sold to offset program operations or equipment purchasing costs in perpetuity of the California Low Carbon Fue Credit program; and
WHEREAS, staff request that the City Council authorize expanding the scope of the Fleet Fue Island Upgrade Capital Improvement Program, or CIP, Project No. 4747, to include purchase, installation and activation of EV charging infrastructure in the amount of $100,800; and WHEREAS, staff request a transfer and appropriation of $100,800 for the purchase, installation and activation of EV charging infrastructure from the available fund balance of the Fleet Maintenance Fund to CIP Project No. 4747 in the Infrastructure Replacement Fund; and WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potentia[ to cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and therefore does not require environmental review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes the City Manager, or designee, to enter into an Agreement with San Diego Gas & Electric authorizing the City of Carlsbad to participate in the Power Your Drive for Fleets' Make-Ready Infrastructure Program, attached hereto as Attachment A.
3. The Mayor is authorized and directed to execute the public utility easement(s), attached hereto as Exhibit A of Attachment A.
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Item #7 Page 9 of 38
EXHIBIT 1
4. That the City Council authorizes expanding the scope of the Fleet Fuel Island Upgrade CIP Project No. 4747 to include purchase, installation and activation of EV charging infrastructure.
5. That the Deputy City Manager, Administrative Services, is authorized to transfe $100,800 from the available fund balance of the Fleet Maintenance Fund to the Infrastructure Replacement Fund.
6. That the Deputy City Manager, Administrative Services, is authorized to appropriate $100,800 from the Infrastructure Replacement Fund to the Fleet Fuel Island Upgrade CIP Project No. 4747.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City o-= Carlsbad on the 11!h day of January 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
(SEAL)
Clerk Services Manager
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SDG&E Power Your Drive for Fleets Make-Ready Infrastructure Program Participation Agreement
This PROGRAM PARTICIPATION AGREEMENT ("Agreement") is by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and City of Carlsbad ("Program Participant"). SDG&E and Program Participant are referred to collectively as the "Parties."
RECITALS
1. In support of California's goal to reach 1.5 million zero-emission vehicles by 2025 and at least 5 million zero-emission vehicles by 2030, SDG&E will own, install, operate, and maintain Electric Vehicle Charging Make-Ready ("Make-Ready") Infrastructure at qualifying and selected locations operating qualified Medium-Duty/Heavy -Duty Electric Vehicles ("MD/HD EV"), as part ofSDG&E's Power Your Drive for Fleets Make-Ready Infrastructure Program ("Program"), as approved by the California Public Utilities Commission ("CPUC"); full definitions of terms located after signature page. Companies who wish to participate in the Program must agree to the terms and conditions as provided for in this Agreement.
2. In general, the Program provides no-cost design, installation, and operation of the Utility-Side Make-Ready ("Utility-Side Make-Ready") Infrastructure and either:
• No-cost design, installation, and operation of the Customer-Side Make-Ready ("Customer Side Make-Ready") Infrastructure; OR
• Program Participant may choose to design, install, and operate ("Self-Install") the Customer-Side Make-Ready Infrastructure.
o Program Participants that select the Self-Install option may be eligible for a rebate of up to 80% of the cost to design and install the Customer-Side Make-Ready Infrastructure.
• Electric Vehicle Supply Equipment (EVSE) Rebate: Program Participant may qualify for an EVSE Rebate ofup to 50% of the costs to purchase qualified EVSE. • Electric Vehicle Energy Rate
o SDG&E's optional Electric Vehicle-High Power Charging rate (EV-HP) for Program Participants will replace demand charges with a new subscription pricing plan.
3. Program Participant and SDG&E are entering into this Agreement for participation in the Program; and for installation of the Infrastructure at: · 2480 Impala Drive, Carlsbad, CA 92010, APN 209-050-26
1.0 GENERAL PROGRAM REQUIREMENTS AND REBATE :.
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Attachment A
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A ~ Sempra Energy ulilitl
To participate in the Program, Program Participant shall comply with the following requirements:
Customer-Side Make-Ready options:
Program Participant shall designate an Infrastructure Make-Ready option below:
0 Program Participant elects SDG&E to design, install, and operate the Customer-Side Make Ready Infrastructure.
□ Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructure Option. * Adde11dum 1: Self-:lmtalled Customer-Side /11frastructure Addendum sets forth the details and additional terms and conditiom that apply to this option. Program Participants who elect this option shall sign and return Addendum 1 along with this Agreement.
Vehicle Acquisition Plan:
The Vehicle Acquisition Plan is a commitment that the stated number of unique vehicles will use the infrastructure within the estimated delivery date. These vehicles may be owned/leased by the Program Participant or owned/leased by others using the site.
Program Participant shall provide Proof of Purchase or other evidence for the purchase of no fewer than two (2) Class 2 through Class 8 MD/HD EV s; or retrofit a minimum of two (2) existing diesel fueled MD/HD vehicles to electric. Program Participant shall provide such evidence prior to SDG&E initiating pre-construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing Electric Vehicle Acquisition Plan for the period encompassing the Term of this Agreement.
Est
Delivery
Date
Q4 2022
Q4 2023
Q42023
Q2 2024
Q4 2024
Q2 2025
Q42025
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Vehicle Acquisition Plan
Vehicle Year/Make/Model
EV VAN-CLASS 2B
EV TRUCK - CLASS 2
EV VAN -CLASS 28
EV VAN or TRUCK-CLASS 2B
EV VAN or TRUCK - CLASS 3 or higher
EV VAN or TRUCK- CLASS 28
EV TRUCK - CLASS 3 or higher
2 Vehicle
Count
2 2
2 5
1 3
1 Jan. 11, 2022
Item #7 Page 12 of 38
SDf!{
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Q2 2025 EV TRUCK - CLASS 3 or higher 1
Q2 2026 EV VAN orTRUCK-CLASS 28 1
Q2 2027 EV VAN or TRUCK-CLASS 28 8
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Electric Vehicle Service Provider ("EVSP"): Program Participant shall contract with a qualified EVSP listed on the SDG&E Approved Product List ("APL") to procure, install, operate, and maintain at a minimum, a quantity of one (1) EVSE in good working order for the Term of this Agreement and provide usage data for a period of five (5) years.
Program Participant shall work with selected EVSP to develop and submit to SDG&E any load management tactics that it will implement at its Medium-Duty/Heavy-Duty EV Charging Facility.
Program Participant shall submit the final load management plan to SDG&E prior to the completion of construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing EVSE to be purchased and installed under the scope of the Program.
EVSP/EVSE Info
Est Network EVSE Mfr/Model Qty
Delivery Provider
Date
Q2 2022 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2023 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2024 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2025 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q4 2025 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2026 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q4 2026 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2027 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Operations & Maintenance: The Program Participant is required to operate and maintain the Charging Station(s) for the Term of this Agreement. Program Participant shall pay all O&M costs and make best effort to maintain availability at the direction of SDG&E. Program Participant shall maintain the common area improvements immediately surrounding the Charging Station( s) to ensure there is enough space for vehicles to reach Charging Stations and to ensure Charging Station(s) are in good condition, ordinary wear and tear excluded. Program Participant shall promptly notify SDG&E of any problems it is aware of related to the Make-Ready Infrastructure.
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Data Collection & Use: Program Participant shall support the da,ta collection requirements of the Program. Data collection requirements will conform with the requirements of the California Public Utilities Commission and Data Reporting template.
Program Participant hereby expressly consents to the use and disclosure, by SDG&E, its agents and representatives, of data gathered as part of the Program for use in regulatory reporting, industry forums, case studies or other similar activities.
Easement: Program Participant represents that the landowner ("Grantor") has been consulted and has agreed to grant SDG&E the Easement required for the Infrastructure. Additionally, Program Participant represents and warrants herein that such Gran.tor understands and is agreeable to the · terms contained in the attached form Exhibit A: Easement, and further, that this Agreement may be incorporated in its ·entirety or parts thereof into said Easement at SDG&E's discretion, that said Easement remains with the property title upon transfer and may only be quitclaimed by SDG&E in accordance with this Agreement and the Easement. ·
EVSE Rebate : Program Participant may qualify
for an EVSE Rebate ofup to 50% of the costs to
purchase qualified EVSE. ·
0kWto 19.2kW to 50% of the cost ofEVSE, max $3 000
19.3 kW to 50 kW to 50% of the cost ofEVSE, max $15,000 er EVSE
50.1 kW to 150 kW to 50% of the cost ofEVSE, max $45,000 er EVSE 150.1 kW+ Up to 50% of the cost ofEVSE, max $75,000 per EVSE Rebate eligibility requirements include:
• EVSE is listed on the Approved Product List (APL) :
• Program Participant is a Transit or School District;
• or is located in a Disadvantaged Community ("DAC");
• and is not a Fortune 1000 Company
EVSE Rebates will be paid after:
• Program Participant submits Rebate Application;
• Program Participant provides Proof of Purchase of EVSE; • SDG&E inspects the installation of the EVSE and if applicable, Program Participant Owned Infrastructure;
• EVSEs are operational.
2.0 RIGHT TO ACCESS
Program Participant shall provide SDG&E, its representatives, contractors and designees access to the project location for purposes of design and installation of the Infrastructure'. SDG&E, its contractors and designees shall make reasonable accommodations to minimize all impacts to Program Participant operations.
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3.0 INSTALLATION OF EQUIPMENT
SDG&E, its contractors, representatives, and designees will design and construct the Infrastructure in compliance with this Agreement, as well as all applicable local, state and federal laws and regulatory requirements.
4.0 AMERICANS WITH DISABILITES ACT (ADA) REQUIREMENTS
Program Participant acknowledges that electric vehicle charging facilities are required to comply with the Americans with Disabilities Act (ADA), if applicable, and California Building Standards, which may impact parking layouts and design. ·
5.0 RELOCATIONS
Removal: Except as otherwise provided herein or in the Easement, at any time during the Term of this Agreement or the duration of the Easement, ·whichever is longer, should Program Participant require removal of the Infrastructure or parts thereof, other than those specifically contemplated herein, Program Participant shall bear full cost and sole expense of such removal of all Infrastructure installed pursuant to this Agreement.
Relocations: Except as otherwise provided herein or in the Easement, at any time during this Agreement or the duration of the Easement, whichever is longer, should Program Participant require relocation of infrastructure installed pursuant to this Agreement. Such relocation shall be by mutual agreement of the Parties. Should SDG&E approve relocation of such facilities, such relocation shall be at sole expense of Program Participant, regardless of whether Utility-Owned or Customer-Owned, and in accordance with any Program requirements, laws, regulations, or other applicable jurisdictional requirements in effect at the time of relocation. Additionally, at SDG&E's discretion, upon a relocation, Program Participant shall either amend the Easement to include the legal description of the new location or enter into a new Easement with SDG&E.
6.0 DUTY TO NOTIFY
Program Participant shall notify SDG&E immediately regarding any unsafe, inoperable or damaged equipment. In addition, Program Participant shall immediately report all claims and/or incidents to SDG&E or its designated representative(s), and promptly thereafter confirm in writing, the occurrence of any injury, loss, or damage incurred by Program Participant.
If Program Participant has received or receives any other incentives or rebates for any Infrastructure or equipment covered under the scope of this Program, Program Participant shall notify SDG&E of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with the EVSE Rebate or Customer-Owned Infrastructure Rebate provided by SDG&E, would reimburse Program Participant for more than 100 percent of the cost, SDG&E shall decrease the applicable rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the rebate payment exceeding 100 percent of the cost incurred by Program Participant.
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7.0 OPERATIONAL CONDITIONS AND PROGRAM PARTICIPANT CONTACTS Program Participant shall perform certain operational functions such as report conditions and issues related to the Infrastructure.
For these purposes and other related reasons, Program Participant shall have two designated contacts with current and available contact information at all times.
Designated Contact Person for Operations ·
(Name, Email, Phone#)
Bradley Northup, Public Works Superintendent- Fleet Operation [email protected]
760-602-2400 x3186
Designated Backup Contact Person for Operations
(Name, Email, Phone #)
Paz Gomez, Deputy City Manager- Public Works
[email protected]
760-602-2749
8.0 COMPENSATION
Except as otherwise provided in this Agreement, under no conditions shall Program Participant receive compensation of any kind, either by cash, in-kind services, or otherwise, for any duties or requirements provided for in this Agreement or for participation in any way asp~ of the Program, including but not limited to: ·
• Easement;
• Use of data for lawful purposes;
• Loss of business activity during construction or maintenance activities, or • Any other inconvenience or loss, without limitation, related to participation. ·9.0 CONFIDENTIALITY
During the Term of this Agreement , Program Participant may be provided with information of a confidential nature ("Confidential Information") by SDG&E or its representatives.
Throughout and after the duration of this Agreement, Program Participant shall hold all Confidential Information in strict confidence. Without SDG&E's prior written approval, Program Participant shall not use, disclose, reproduce, distribute, or otherwise misappropriate any Confidential Information, nor shall Program Participant take any action that may cause, or fail to take any action necessary to prevent causing, any Confidential Information to lose its character as V2.2_06Jul21 7
Jan. 11, 2022
Item #7 Page 17 of 38
Confidential Information. SDG&E acknowledges that Program Participant is subject to the California Public Records Act (CPRA). Nothing in this agreement prohibits Program Participant from releasing documents that are not exempt from disclosure under the CPRA or applicable law.
10.0 INTELLECTUAL PROPERTY
Nothing in this Agreement or the Parties' performance of it is intended or shall be deemed to convey any intellectual property rights to Program Participant. All intellectual property rights relating to the Program are expressly reserved to SDG&E, its contractors or other designated representatives and their respective lic_ensors.
11.0 WAIVER
No provision of this Agreement may be waived unless agreed to by SDG&E, its contractors or other designated representatives and Program Participant in writing. The failure of SDG&E, its contractors or other designated representatives or Program Participant to insist upon strict performance of any provision of the Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Agreement.
12.0 DISPUTE RESOLUTION
In the event of a dispute relating to this Agreement, Program Participant and SDG&E, its contractors or other designated representatives shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making authority, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute.
13.0 GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for any litigation arising from or relating to thi~ Agreement shall be in San Diego County, California. ·
14.0 PROGRAM PARTICIPANT REPRESENTATIONS
Program Participant is an independent entity from SDG&E, its affiliates, contractors, vendors, representatives, or designees and nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Program Participant and SDG&E, its affiliates, contractors, vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as otherwise provide herein, nor make any representations of any kind to this effect.
15.0 SEVERABILITY
If any provision under this Agreement or its application to any person or circumstance is held invalid by any court of lawful jurisdiction, such invalidity shall not affect other provisions of the V2.2_06Jul21 8
Jan. 11, 2022
Item #7 Page 18 of 38
Agreement which can be given effect without the invalid provision.
16.0 FALSIFICATION AND MISREPRESENTATION
Program Participant shall not falsify or misrepresent invoices or other documentation to SDG&E, its contractors or other designated representatives.
17.0 MARKETING & BRANDING
Disclaimer: All marketing, advertising or promotional materials which reference SDG&E, its contractors or other designated representatives or the Program itself, shall include a disclaimer which shall state that Program Participant is not an agent or affiliate of any and all of SDG&E, its contractors or other designated representatives.
Logos/ Trademarks: Program Participant shall not use the logos, trademarks or service marks of the Program, SDG&E, its contractors, or other designated representatives in any of Program Participant's marketing, advertising, ot promotional materials without express written approval from SDG&E, its contractors or other designated representatives as appropriate. SDG&E shall not use the logos, trademarks or services marks of Program Participant without express written approval from Program Participant.
Marketing Materials: Program Participant must use up-to-date Program marketing materials. All marketing and advertising materials shall comply with the California Business and Professions Code.
Endorsements: Program Participant shall not state or imply endorsement of its products or services on the part of SDG&E, its contractors or other designated representatives or the Program.
Right to Review Materials: SDG&E, its contractors or other designated representatives reserves the right to review and approve any and all advertising, marketing, or promotional copy or materials developed or used by the Program Participant which references the Program Participant's participation in this Agreement or the Program, financing and other SDG&E programs or those of the contractors or other designated representatives. At its sole discretion, SDG&E, its contractors or other designated representatives may require the Program Participant to submit such copy and materials for pre-approval. Approval shall be granted, unless SDG&E, its contractors or other designated representatives, in its sole discretion, determines that the copy or materials are misleading, in error, or fail to meet the requir~ments of this Agreement. The Program Participant agrees to remove from circulation or otherwise discontinue the use of any such materials.
18.0 CHANGES
SDG&E, its contractors or other designated representatives may initiate changes to the Program as circumstances dictate. SDG&E, its contractors or other designated representatives will make every effort to provide at least 30 calendar days written notice of changes that affect Program activities. However, SDG&E, its contractors or other designated representatives reserve the right to make immediate changes, without notice, as deemed necessary or in the best interest of SDG&E V2.2_06Jul21 9
Jan. 11, 2022
Item #7 Page 19 of 38
and its Customers. In the event SDG&E, its contractors or other designated representatives materially change the Program to the detriment of Program Participant, Program Participant may terminate this Agreement upon 30 days written notice to SDG&E.
Design Changes: A preliminary layout of proposed facilities will be provided via the 30% Design Acceptance document. Program Participant shall provide signed acceptance of the 30% Design Acceptance document certifying that the location of the facilities to be owned and operated by .
SDG&E are acceptable and not in conflict with the Participants planned improvements and further authorizes SDG&E to proceed with the preparation of final design(s), drawing(s), and cost(s).
Program Participant acknowledges and agrees that any Infrastructure installed by SDG&E may vary from the design, if, in SDG&E's sole discretion, actual site conditions or municipal requirements dictate such changes. Program Participant may be responsible for incremental costs if: 1) There are changes to the system caused by the Participant or Participant's authorized representative, 2) There is a deviation from the electric load information specified within the approved Desktop Review/Load Study which will necessitate design and/or construction changes, 3) the project is cancelled after this Agreement is executed.
19.0 FRAUD AND DISHONESTY; COMPLIANCE WITH LAWS
Program Participant expressly warrants and represents that it shall conduct its business activities without perpetrating any fraud or dishonesty through the Program. Program Participant shall use best efforts to avoid doing any harm to SDG&E, their Contractors or other designated representatives' including the brands or goodwill of same. Program Participant shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions that relate to or govern its participation in the Program.
20.0 BREACH OF AGREEMENT
Without limitation, and to the greatest extent allowed by law, SDG&E and Program Participant reserve the right to seek damages and recovery for losses incurred due to any breach, of this Agreement on the part of Program Participant or SDG&E as applicable, whether intentional or unintentional.
21.0 TERMINATION AND TRANSFER
Term ("Term"): This Agreement shall be in effect from the Effective Date ("Effective Date") through a period often (10) years from the In-Service Date ("In-Service Date"), unless the parties agree in writing to cancel or extend the Term, subject to this Agreement.
SDG&E Right to Terminate: SDG&E, its Contractors or their designated representatives may terminate, or for any duration suspend, this Agreement ·and Program Participant's participation in the Program, or operation of the Infrastructure, with or without cause, at any time, and for any reason. Such reasons may include but are not limited to:
V2.2_06Jul21 10
Jan. 11, 2022
Item #7 Page 20 of 38
At Program Participant's removal cost, if removal requested by SDG&E for Program Participant's:
• Failure to provide or comply with terms of the Easement • Breach of Agreement in whole or in part
At SDG&E's removal cost, if:
• Permitting issues
• _Exceptional installation costs
• Environmental concerns
• Program no longer authorized by the CPUC
• Any other reason(s) not in Program or ratepayers' best interest Termination: Program Participant may terminate this Agreement upon thirty (30) days notice should SDG&E materially breach any material term of this Agreement or fail to perform any material obligations hereunder, after notice and a reasonable opportunity to cure. Should a sale of property or other circumstance result in Program Participant losing its ability to perform its obligations per this Agreement, Program Participant shall immediately notify SDG&E in writing and without delay within ten (10) days of Program Participantlmowledge of such a possibility and notwithstanding anything to the contrary contained herein, this Agreement shall terminate.
Should Program Participant request removal or termination, for any reason, of Electric Vehicle Supply Equipment ("EVSE") or parts thereof prior to expiration of the Term, Program Participant shall bear the full cost and sole expense of such removaf as well as all fees and costs, as circumstances may dictate, for losses incurred by SDG&E on behalf of ratepayers. If after signing this Agreement, Program Participant withdraws from the Program prior to the site being activated, then -SDG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Agreement including, but not limited to, design cost, site walk costs, etc.
Transfer of Agreement: Under no circumstance may this Agreement or parts thereof be assigned, transferred or otherwise conveyed without prior written consent of SDG&E and/or its designated representative. Such consent will not be unreasonably withheld. The assignee in any such permitted assignment shall assume all rights and obligations for the remaining Term.
Used and Useful: Program Participant shall demonstrate to SDG&E's reasonable satisfaction that the Infrastructure will be operated by the Program Participant within three months of the Infrastructure In-Service Date. Thereafter, at SDG&E's discretion, it may request evidence that Program Participant is operating these vehicles and associated charging in accordance with its Electric Vehicle Acquisition Plan. If Program Participant is not operating vehicles consistent with such plan, at SDG&E's discretion Program Participant may be responsible for SDG&E costs associated with installing the excess Infrastructure. This includes costs, as circumstances may dictate, for losses incurred by SDG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Costs shall not exceed the Customer-side Infrastructure cost estimated to be $100,000. This cost will be updated upon fmal completion of the project.
End of Term: At the end of the Term, unless the parties agree otherwise, SDG&E shall remove at its cost or abandon in-place Utility-Owned Infrastructure at SDG&E's discretion; Program Participant is responsible for Self-Installed Customer-Owned Infrastructure and EVSE at Program V2.2_06Jul21 11
Jan. 11, 2022
Item #7 Page 21 of 38
Participant's own cost.
22.0 NOTICES
Any notice provided under this Agreement shall be sent via first-class U.S. Mail. Notice is deemed effective on the third day after it is deposited in the U.S. Mail. Alternatively, notice may be given by fax or email, which is effective upon confirmation of successful transmission to the recipient.· Notice pursuant to this Agreement shall be sent to:
PROGRAM PARTICIPANT:
(Name, Address, Email)
Paz Gomez, Deputy City Manager - Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
[email protected]
SAN DIEGO GAS & ELECTRIC COMP ANY:
Name:
Address:
Email:
Name:
Address:
Email:
Chris Faretta, Clean Transportation Programs Manager
8306 Century Park Court, CP41F, San Diego, CA 92123
[email protected]
Annamay Luyun
8306 Century Park Court, CP41F, San Diego, CA 92123
[email protected]
23.0 MISCELLANEOUS
This Agreement, including the Exhibits attached hereto and all items incorporated herein by reference and any written modification shall represent the entire and integrated agreement between the Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive statement of the terms and conditions ofthe Parties' agreement, and shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this Agreement or written modification. If any provision of this Agreement is in any way deemed unenforceable, then the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those to which it is held unenforceable, shall not be affected, and each term and provision shall be enforceable to the fullest extent permitted by law.
Program Participant represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement and that the undersigned is authorized to execute this Agreement I
V2.2_06Jul21 12
on behalf of Program Paiticipant. · For federal govenunent Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
PROGRAM PARTICIPANT: SAN DIEGO GAS & ELECTRIC COMPANY
Signature & Date: Signature & Date:
X ~t-
Chris
X Faretta
Chris Faretta
Digitally signed by
Chris Faretta
Date: 2022.02.08
11 :46:46 -08'00'
DEFINITIONS
Clean Transportation Proqrams Manaqer
APPROVED AS 'i'O ~ORM
Celia A Brewer0 Cit}/ Attorney
( --,i ' . ~<-< i:I ..£.,Q_lc:<..«--(,L ~ ' ·} . .• v ·< . · ~~ -~---
Asst/Deputy City Attorney
O Approved Product List (AP'tW ~l1~,r~~b~fE'{,~E qualified by SDG&E and meeting SDG&E's technical requfrements. Rebate eligible Program Pa1ticipants must select EVSE from the APL in order to receive an EVSE Rebate (if available).
o Califomia Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. o CPUC' s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checldist applies to CPUC-Approvecl Transportation Electrification Programs. o Customer-Owned Infra,strncture: This includes the EVSE purchased and installed by the Program Pa1ticipant pursuant to this Agreement; and the Customer-Side Make-Ready, if the Program Paiticipant elects the Self-Install Customer-Side Malce-Ready option. o Customer-Side Make-Ready: The Customer-Side Make-Ready Infrastrneture includes all Infrastructure from the utility meter up to the first point of intercmmection with the EVSE.
Make-Ready, as defined herein, does NOT include purchase or installation of the EVSE. o Disadvantaged Community (DAC): Census tracts in California with a top 25% quartile score according to California Environmental Protection Agency's CalEnviroScreen 3.0 tool. o Easement: A real prope1ty instrument substantially in the form of Exhibit A attached hereto to grant right of way for SDG&E to construct, maintain, operate, and repair any Utility-Owned Infrastructure.
V2.2_06Jul21 13
Jan. 11, 2022
Item #7 Page 23 of 38
• Effective Date: The date that this Agreement is dually signed and executed. • Electric Vehicle Service Provider (EVSP): The entity from which the EVSE and Network Services is purchased.
• Electric Vehicle Supply Equipment (EVSE): An individual charging station unit that may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle's battery pack. The individual connectors of the EVSE ary referred to as ports. Each EVSE can charge one or more vehicles depending on the number of ports the unit is equipped with. Qualifying EVSE that meets the technical specifications set forth by SDG&E are listed· in the APL. • EVSE Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee, pursuant to the terms and conditions of the Program, to offset a portion of the purchase of approved EVSE.
• In-Service Date: The date the Infrastructure installed under this Agreement becomes available for use by the Program Participant.
• Infrastructure: The equipment and materials to be installed by either party pursuant to this Agreement on both the Utility-Side and Customer-Side of the electric meter. • Make-Ready Infrastructure: All infrastructure necessary to operate EVSE; this includes all trenching, conduit, wire, hardscape work, signage, protective measures, and site restoration, installed so the EVSE can be mounted and any communications equipment installed. Make Ready, as defined herein, does NOT include (1) purchase or installation of the EVSE. • Medium-Duty/Heavy-Duty Electric Vehicles: Includes forklifts, truck stop electrification, transport refrigeration units, port cargo trucks, transit buses, school buses, airport ground support equipment, medium-duty vehicles, heavy-duty vehicles, and Class 2 through Class 8 on-road vehicles; as defined by U.S. Department of Energy. • Program: Also referred to as the Power Your Drive for Fleets Make-Ready Infrastructure Program. The Program is designed to help Program Participants install EV charging Infrastructure needed to electrify their medium- and heavy-duty fleets and off-road vehicles. • Program Participant: The SDG&E Customer that enters into this Agreement. • Term: This Agreement shall be in effect from the Effective Date through a period of ten (10) years from the In-Service date.
V2.2_06Jul21 14
Jan. 11, 2022
Item #7 Page 24 of 38
• Utility-Owned Infrastructure: This includes all Infrastructure installed by SDG&E. • Utility-Side Make-Ready: The Utility-Side Make-Ready Infrastructure includes all Infrastructure work from SDG&E's distribution system to a new circuit panel that will be installed to support EVSE. SDG&E will ALWAYS be responsible for designing, procuring, installing, and maintaining the necessary Infrastructure on the Utility-Side of the meter. • Vehicle Acquisition Plan: Program Participant's written plan detailing the number, type, and charging levels of electric vehicles that will be used at the Program Participant's premises over time to justify the requested Infrastructure.
V2.2_06Jul21 15
Recording Requested by
San Diego Gas & Electric C9mpany
When recorded, mail to: .
San Diego Gas & Electric Company ·
8690Balboa Avenue ..
San Diego, CA 92123--\569 ·
Attn: RealEstate Records - CP.A0l
Project No.:
Noiif.No.: .
A.P.N::
SRNo.:
3 .. 393337
· 3-,,393485
209'-0SQ.,.26 ..
473925 ·.·.·
RW 372941
.· . .
.. DOC# 2022700:48444
· ··. Jllllll 111111111111111111111111111111 Hiil llHI lllll 111111111111111111 . Febo.t, 2022 03:33 PM
OFFICIAL RECORDS
. ErnestJ. Dronenpurg,. Jr:, ...
SAN DIEGO COUNTY RECORDER
FEES: $101.00 •· (SB2 Atkiris: $75.00)
. . PCOR:N/A ...
. PAGES:5.
SPACEABOVE FbllR.ECORI>ER'S USE
. Transfer Tax None
SAN DIEGO GAS & ELECTRICCO!vfPANY
%~
EASEMENT
. . . .
CffYOF CARl,SI3AD,AMU'NCIPALCORPORATION.(Grantor);grantsto SANDIEGOGAS & ELECTRIC COMP ANY, a corporation (Grantee), an easementJn1d righto:fway .in~ upon, over; under and acro~s the larids hereinafter de~cribed, to. erect, construct, change the .size! of; improve, reconstruct; relocate, repair, maintainarid use facilities consisting of:
1. . Underground. facilities, together ~ith aboveground structures consisting of, but not limited to, ptt<:i~mounted electrical eqµipment, and appurtenances, for the transmission and 9istribution ofefoctdcity to the Facilitfos;
2.. Co.IlJ.Inunicaticm facilities and appurtenances, which can include Supervii:;ocy Control · ~d Data Acquisition. ('1SCADA"). . .
. .
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinaftet described et:isement as Grantee. may now or hereafter deem co1wenierit or nec¢ssary . . Qrarttee ·also has the right of ingress and egresi:;, toj from a11d along. this easement in, upon; over and· across the hereinafter descdbed iands. Grantee further has the tight, but not the duty to clear and keep this easementclearfrom e~losives, buildirtgs, structm:es and materials; · '. ·.
. . . . . . . ' . . . . .
. ·. The pl'opertyJl) which tpis e1:1s~ment and right of way is her~by graj)te<i is sit\lated: in ~the C<rnnty . Qf San pi•~~Q, su~J~ 9f¢~lif9rnia: ~e~qrihe4 as;roUows: . . . . . . . . · .. · . . . . . . . .... ·.· . . .·.. . ,. . . . . .. ',· ,,,• ·,. ... . .
.. ' That pdrtioil ,O(~.ot 1'B'f of:1\artcho. Agua H~diorida, according to Map:the1;e()f No. 82~:, filed irithe .
Office >of the Cqqrity: R¢cprd¢r qf said County of San<Diego~> more particularly>desctibed)n a. Deed rec6ro.~d 1J.Jne 30~ 1982. aft<'He/Page No-. 82-2QJ5:66r ofOfficfaI ~¢cords of'~a~d ¢ourity dfsa~ J:>i~gc,; . . . . ' . .
. ' .· .. · .. : ··: :> :•·< ··•·. :. ··<:·:· .. ·.·:·
· T:f~1icf$e1i1(c¢.s:No11Rei;ol'ds;f:l~M~l{ilii1ess;·.
· . . Rev.· 8/02368.
'
The easement in the aforesaid 'property shall be more pa1ticularly described in Parcels "A" and "B" as follows:
PARCEL A:
That ce1tain strip of land, 5;00 feet by 20.00 feet, the approximate location shown and delineated as "EASEMENT AREA", on the Exhibit "A", consisting of one (1) sheet, attached hereto and made a pait hereof.
PARCELB:
Those certain strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3)feet; measured at right angles, on each exterior side of each and every utility facility installed within said properties on or before, December 311 2022, EXCEPTING THEREFROM, those portions lying within Parcel A.
In order to provide adequate working space for Grantee, Grantor. shall not erect, place or construct, nor permit to be erected, placed or constructed anylmilding or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs or change ground eJevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement.
Upon Grantor and Grantee's mutual agreement, Grantee will (i) remove Grantee's facilities from the Easement within a reasonable period of time, and (ii) upon Orantor' s request, furnish Grantor a good and sufficient quitclaim of the Easement; provided, that Grantee shall have such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and quitclaim, including but not limited to any approval from the California Public Utilities Commission as may be required.
Grantor grants to Grantee the right to erect and maintain ori Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or construc.ted, any building or other structure, plant any tree, drill or dfg any well, within this easement. Notwithstanding the foregoing, Grantor retains the right to construct, reconstruct and maintain improvements that do not interfere with the safe operation of Grantee's Facilities or cause damage to Grantee's Facilities, including, but not limited to, fences, landscapii;ig with shallow roots ( e.g., grass) sidewalks, curbs, gutters, and street or parking lot surfaces or other surfaces; provided that Grantdr shall not commence to instaH, construct or grade unless and until Grantee shall first have reviewed and approved of Grantor's detailed construction plans, whereby Grantee shall have the right to require modifications or changes to such plans as necessary, in Grantee's opinion, to ensure safe operations of Grantee's Facilities, compliance with all Standards, unimpeded access to Grantee;s Facilities at all times and avoidance of otherencumbrances upon Grantee's rights under this Easement. The foregoing shall be subject at all times to any regulatory approvals required at the time. of review.
Grantor shall not increase· or decrease the ground surface elevations within thi's easement after installation of Grantee's facilities, without prior written co11sent of Grantee, which consent shall not unreasonably be withheld;
T:la11dSe11•ices:No11Records:NewB11siness:
Jan. 11, 2022 Item #7
810236S
1
Grantee shall have the right buti1.0Uhe duty,to trim· or reinove trees and brush along or adjacent·. to this easernent andretriove roots from Within this easement whenever Grantee deems it necessary. Said right ;hall riot relieve Grantor of the duty as owner to trim or remove trees and brush to pi:e'1entd1:1oget or . hazard to . .pro petty or persons. . . . . .
. . .. .
CONDUITSCARRYHIGHVOLTAGE.ELECiRICALCONbUCTOR.S,thereforeGrantorshall not make qr aUow any excavation9rfil1 to be made within this e_a.sement WITBQUTFIRST NOTIFYING:
SAN DIEGO GAS & ELECTRIC COMPANY BYCALLIN(J (619.) 696-2000, and OBTAINING PERMISSION. . . . . . . . . . . . . . . . . the legal cles¢dption for this easement was prepared by San I)iegq (fas &, Electric Company pursu@t to Sec.ti on 813 0 of: the Business and Pr9fessions Code, State of Califorfiia; ... . .
This easement shall. be binding upon and inure to the benefit of su~cessors, heirs, executqrs, · administrators, permittees; licensees, agents or assigns of Grantorand Grantee. .· .·. . ... . .. 1 .. u ... ··.l.\..·•· . / IN WITNESS WHEREOF, Gtantor executed this instrument this~~'---,-'-"~---,-'-"~~· day of ,~ fJ,41\1)(,.1'¥ · • . · · . . . ; 20 'Vl/ . .
CITY OF CJ\RLSBAD, A MUNCIPAL CC>RPORATION
Drawn: BCorbilla
Che_cked: (!Ht& ·.
Date: 10/6/2021
By,1fllH
Name: /Jllmri/4.u .. · .•... ·
· · . · ~ .. PRIJllTNAME
Site No: MDl9002l _ .· .
. Site Name: City ofCarlsbad
8}02$~S
>lt~rn:#7 >. · . PaijE! i2 of~~ 1
Jan. 11, 2022
Item #7 Page 28 of 38
A notary public or other officer completing this certificate verifies only the identity of the individual wh::> signed the document to which this certificate is attached, and not the truthfulness, accuracy,. or validity cf that document.
STATE OF CALIFORNIA
COUNTY OF sM"'-, 'D-1 ew
On _ 1_/ _l f___./_y_2---_ _,, before me~ \\,A N\ C(O\;\A \M 1 ~ b ~ V\J\ b \ \ V ~ (name, title of o~) J
personally appeared ------~_O\l\t_,'---___,_t\--'-ftv_\__.\ __________ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person(s) acted, executed the instrument. · I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T:landServices:NonRecords:NewBusiness: -4-
Rev.
KAYLIN ,BRIANNE MCCAULEY
Notary Public - California
· San Diego County f
Commission II 2284647 ••
My Comm, Expires Apr 8, 2023
(Notary Seal)
810236S . I
l
IMPALA .DR',
. APN # 20~1-26/
' '
RHO AGUA HEDIONDA
I
l
Existing Transformer
', D3564168791 ''',RW f.30844
MAP NO~ 823
POR LOT'-'-B
Owner: City of Carlsbad,
a Municipal Corporation
Recorded: June 3Q, 1982
Doc No. 82-20fp66 ,
APN # 209--Qp0-26
NEW FUSE' CABINET
'D239560 , , ,, ,
*SEE DETAIL ':4"
D.ETAlL ''A'i
' "
EASEMENT AREA . . . . ' . . .
0 ,,'
0 .,
ll)
20.00 Earn Revenue with EVs
and California's LCFS Program
How Do LCFS Credits Work?
Save Money with SDG&E’s Lowest
EV Charging Rates
An innovative monthly subscription plan eliminates demand charges and provides fleets with simple, stable billing.
Who Participates?
Want to learn more? Visit sdge.com/interim-rate-waiver
Beyond important emission reductions and sustainability goals, long-term cost savings is a major reason that fleets are choosing to deploy electric vehicles (EVs). However , fluctuating electricity prices can deter organizations from making that transition. SDG&E’s innovative new Electric Vehicle-High Power (EV-HP) rate completely eliminates unpredictable demand charges by offering customers lower rates and more billing stability through a fixed monthly subscription charge.
Power Your Drive for Fleets
EV-HP DIESEL
$25,000
$20,000
$15,000
$10,000
$5,000
$-
Monthly Summer Bill
LARGE MEDIUM-DUTY EV DEPOT
Utilizing SDG&E’s new EV-HP
rates, eligible customers have
the opportunity to save up to
50% on electricity costs
compared to the cost of fueling
with diesel
.
The example at right compares the cost of charging an EV fleet utilizing SDG&E’s EV-HP rates to the cost of fueling a similar diesel fleet. This scenario assumes a fleet of 50 medium-duty vehicles, driving 50 miles per day, charging during weekday Summer , super off-peak hours.
EXHIBIT 2
Jan. 11, 2022
Item #7 Page 29 of 38
Want to learn more? Visit sdge.com/interim-rate-waiver
How can my organization save money?
Beginning January 2022, customers will be able to opt-in to the EV-HP rate plan. This new rate structure allows EV fleet customers to choose the amount of power they will need to charge their vehicles and pay for it with a monthly subscription fee—similar to a cell phone plan that lets customers choose the amount of data they will use. This plan offers fleets lower pricing, increased stability, and simpler billing so they can more accurately plan for their fleet’s energy usage each month.
How do I determine my monthly subscription plan?
SDG&E works with fleets to help determine their estimated monthly power needs, based on maximum total power demand each month.
If maximum monthly demand is:
Under 150 kW, fleets can subscribe in
increments of 10kW at $37.79 each.
Over 150 kW, fleets can subscribe in
increments of 25kW at $103.61 each.
There are no overage fees or penalties for exceeding demand. However , if a fleet exceeds their monthly subscription level for three consecutive months, SDG&E will enroll the fleet customer in a subscription level that reflects actual monthly demand.
What are the Time of Use rates?
Note: Summer pricing is June through October . Winter pricing is rounded up and applicable November through May. Prices valid as of 5/29/20.
The EV-HP rate plan utilizes
reduced Time of Use (TOU) energy
charges that are incurred based on
the time of day you use electricity,
measured in kilowatt-hours (kWh).
These rates have a steep differential
between “on-peak” and “super
off-peak" prices to encourage fleet
customers to charge during periods
of lowest demand.
TOU Energy Charges for EV-HP Customers
Summer Winter
Peak
All days: 4pm–9pm
Off-Peak
M–F: 6am–4pm; 9pm–12am
Weekends & Holidays: 2pm–4pm; 9pm–12am
Super Off-Peak
M–F: 12am–6am; 10am–2pm March & April Only
Weekends & Holidays: 12am–2pm
$0.19
$0.18
$0.12 $0.11
$0.10 $0.10
Jan. 11, 2022
Item #7 Page 30 of 38
Want to learn more? Visit sdge.com/interim-rate-waiver
SDG&E’s EV-HP rate is the perfect complement to our Power Your Drive for Fleets program that helps fleet owners and operators reduce operating costs, eliminate emissions, and simplify vehicle maintenance by transitioning to electric vehicles. The program connects fleets with resources and financial incentives to easily and cost-effectively design and install the charging infrastructure needed to power medium- and heavy-duty electric fleets.
Delivery & shuttle (Class 2-6)
>6,000 LBs
Forklifts (Class 2 or higher)
>6,000 LBs
Transit (Class 7-8)
School bus (Class 6-7)
Other (Class 7-8)
Goods movement (Class 7-8)
Trucks stop electrification
Transport refrigeration units
Yard trucks
Airport ground support equipment
MEDIUM DUTY
HEAVY DUTY
OFF-ROAD
ELIGIBLE VEHICLE TYPESWhat vehicle types are eligible for the EV-HP rate plan? Is my organization eligible for reduced rates?
The EV-HP rate is optional. Customers can opt-in if they meet the following requirements:
.
• Operate medium- or heavy-duty EVs
• Operate DC fast charging equipment
• Operate separately metered EV charging equipment
Jan. 11, 2022
Item #7 Page 31 of 38
~
9/09/2021 DGESan Diego Gas & Electric
SempraEnergy Autility
S
6 1
SCOTT THOMPSON(858) 650-4155
0 DOMINIC LEACH
300000393337
300000393485
SCALE
NTS
MD190021 CIT< 2) CARLSBAD
2480 IMPALA DRIVE, CARLSBAD, CA 92010
CIRCUIT 586
UG_C586_00010
EAM 15585-120300
PROJECT ADDRESS: 2480 IMPALA DRIVE, CARLSBAD, CA 92010
T
T
PT
PT
H
TT
T
1 4 3
2 CT
REFERENCE STRUCTURE
H3560468794
3315, 3-4
REFERENCE STRUCTURE
586-59
1-150 HNS
D3564168791
1000 J AL 3ØCN 800'
[TO D3558068767]
C586 1000 J AL 3ØCN 300'
REFERENCE STRUCTURE
H3563468777
3315, 3-T
REFERENCE STRUCTURE
586-23
P813247
C586 1000 J AL 3ØCN 200'
C586 2/0 J AL 3ØCN 381'
C586 2/0 J AL 3ØCN 205'
1000A
1000A
[TO H104872]
[TO H3560168830] C586 2/0 J AL 3ØCN 556'
C586 2/0 J AL 3ØCN 368'
5INS: 586-377
1-2000 HNS
D239561
REFERENCE STRUCTURE
586-58
1-75 HZB
D104937
INS: C586 2/0 J AL 3ØCN 173'4
#2 J AL 3ØCN 125'
C586 2/0 J AL 3ØCN 381'
5 SITE
INS: 3Ø FUSE CAB
3-150A
D239560
3 EX. D162768
CMPT 1 586-40
CMPT 2 586-41
CMPT 3 3-140A
CMPT 4 586-42
1 EX. H3561968790
3315
INS: C586 2/0 J AL 3ØCN 266'2
Exhibit 3
Jan. 11, 2022
Item #7 Page 32 of 38
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SCOTT THOMPSON(858) 650-4155
0 DOMINIC LEACH
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0 SCALE
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MATCHLINE "A" - SEE SHEET 3
MD190021 CIT< 2) CARLSBAD
2480 IMPALA DRIVE, CARLSBAD, CA 92010
EX. D162768
CMPT 1 586-40
CMPT 2 586-41
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1 INS: 1 - 4" PRI
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[TO D239560, FROM D162768 CPMT 4]
2 EX. C586 1000CJ AL 3ØCN 300'
EX. C586 2/0 J AL 3ØCN 381'
5 SITE
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PT TO P813247
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2 Jan. 11, 2022
Item #7 Page 33 of 38
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4 EX. 586-59
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PARKING LOT
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[TO D239560, FROM D162768 CPMT 4]
2 Jan. 11, 2022
Item #7 Page 34 of 38
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S
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0 DOMINIC LEACH
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4 INS: 10 - 5" 45'
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19 20
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13 INS: 1 - 1 1/2"
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14INS: 5 - 1 1/2"
STUB 5' AWAY FROM
MEDIAN FOUNDATION
15INS: 4 - 1 1/2"
STUB 5' AWAY FROM
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16INS: 5 - 1 1/2"
STUB 5' AWAY FROM
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8 INS: 1 - 1 1/2"(50')
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INS: (3) #3 & (1) #6 (71')
9 SITE HOST TO INSTALL
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11 SITE HOST TO INSTALL
1 - DC FAST CHARGER
Jan. 11, 2022
Item #7 Page 35 of 38
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Quotation
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Rebecca Boldan Quote Number: Q-158181-1 E-Mail: [email protected] Date: 1/4/2022
Telephone: Expires On: 1/31/2022
Primary Contact: Bradley Northup
\i1\ \i2\
Bill To Address
\IS1\
City of Carlsbad
1635 Faraday Ave
Carlsbad California 92008-7314
United States
Ship To Address
\IS1\
City of Carlsbad
1635 Faraday Ave
Carlsbad California 92008-7314
United States
Pricing as per Sourcewell (fmly NJPA) contract #051017-CPI Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250C-625-CCS1-
200A-CHD
ChargePoint Express 250
Station (62.5 kW) - includes
Express 250 Station, 2x Power
Modules, 1x CCS1 200A
cable, 1x CHAdeMO cable,
North America Modem/SIM,
cUL and UL listed, requires
CPE250-CMT-IMPERIAL in
US, CPE250-CMT-METRIC
in Canada. CPE250-CMT-
IMPERIAL/METRIC not
included.
2 USD 40,800 5 USD 38,760 USD 77,520
CPE250-TOOLKIT-F CPE250 Tool Kit 1 USD 0 0 USD 0 USD 0
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Exhibit 4
Jan. 11, 2022
Item #7 Page 36 of 38
--chargepoin+.
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250-
INSTALLVALID
The Installation and Site
Validation service includes
station installation and site
validation services. Customer
works with their own contractor
to perform all construction to
the point where the stations
can be bolted down and
connected. ChargePoint will
engage O&M Partner to install
the station on the prepared
site and ensure the electrical
capacity, transformers, panels,
breakers, wiring, cellular
coverage meet all ChargePoint
published requirements and
local codes. Note, a failed
Site Validation will incur a
second validation fee to repeat
the validation after the site
deficiencies are corrected.
CPE250-INSTALLVALID is
priced per CPE250 station.
2 USD 3,500 0 USD 3,500 USD 7,000
CPE250-CMT-
IMPERIAL
Concrete Mounting Template
used for the base mounting
for the CPE250 and Express
Plus Stations and is used to
align conduits and mounting
bolts. This template is to be
installed into the foundation
before the concrete pad
is poured. Imperial Units.
Included with the CPE250.
Required for CPE200 swap to
CPE250. If replacement CMT
is needed, order CPE250-
CMT-IMPERIAL-RP
2 USD 0 0 USD 0 USD 0
CPCLD-ENTERPRISE-
DC-5
Prepaid Enterprise Cloud Plan
subscription with advanced
station management features
such as: Station Activation,
Custom Video uploads, and
Automatic Software Updates,
driver and fleet management
features including: Access
Control and Pricing &
Automatic Payment Collection,
as well as advanced energy
and power management
features which include: Time
of Use Power Sharing and
Energy Management APIs.
Real-time dashboards and
reports provided for applicable
features including 15 min meter
data readings and associated
advanced energy reports.
2 USD 4,799 0 USD 4,799 USD 9,598
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Page
2 of 3
Jan. 11, 2022
Item #7 Page 37 of 38
--chargepoin+.
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPSUPPORT-ACTIVE Initial Station Activation &
Configuration Service includes
activation of cloud services and
configuration of radio groups,
custom groups, connections,
access control, visibility control,
pricing, reports and alerts. One
time initial service per station.
2 USD 349 100 USD 0 USD 0
Quote Total: USD 94,118.00
Estimated Tax: USD 6,007.80
Shipping Fee: USD 639.00
Grand Total: USD 100,764.80
Quote Acceptance
+ Each Assure and Cloud Services subscription that you purchase for a Charging Station will commence ninety (90) days from the date the Charging Station associated with that subscription is shipped to you and will last for the subscription length selected in the applicable order.
+ All pricing is confidential between Customer and ChargePoint. + All prices are FCA ChargePoint warehouse(s).
+ Customer to be invoiced at time of shipment.
+ Sales tax in applicable states and shipping costs will be applied to this quote at time of invoicing. + All invoices are Net 30 days.
+ Credit Checks are required for new customers.
+ Pricing does not include installation or mounting services unless specifically quoted above. + Additional Purchase Terms and Conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the above terms and conditions and that this signed quote shall act as a purchase order.
Signature : /SE1/ Title : \t1\
Name (Print) : \PN1\ Date : \D1\
Company Name : \CompanyName_{r}\
Accounts Payable Contact Name : \tapcontactname_1\
Accounts Payable Contact E-Mail : \eapcontactemail_1\
Requested Ship Date : \dsrequestedshipdate_1\
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Page
3 of 3
Jan. 11, 2022
Item #7 Page 38 of 38
--chargepoin+.
All Receive - Agenda Item # J_
For the Information of the:
CITY COUNCIL
□ ate ~CA _.d,_ cc __.i.(
cML AcM _lLb cM (3) -lL"
Jan. 10, 2022
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council From: Paz Gomez, Deputy City Manager, Public Works
Via: Geoff Patnoe, Assistant City Manager ~
{city of
Carlsbad
Re: Additional Materials Related to Staff Report Item No. 7 - Agreement with San Diego Gas & Electric to Participate in Power Your Drive for Fleets' Make-Ready Infrastructure Program {CIP No. 4747) {Districts-All)
This memorandum provides additional information related to staff report item no. 7, the Agreement with San Diego Gas & Electric to participate in Power Your Drive for Fleets' Make Ready Infrastructure Program (CIP No. 4747), for the City Council meeting on Jan. 11, 2022.
The City Council Resolution attached as Exhibit 1 to the staff report referenced an Attachment A (Agreement with San Diego Gas & Electric) as well as an Exhibit A of Attachment A (public utility easement). The Agreement itself (Attachment A) was inadvertently not published as an attachment to the Resolution.
Exhibit A as published should be replaced with the attached Attachment A, which includes both the Agreement (Attachment A) and the easement (Exhibit A of Attachment A), as referenced in the Resolution (Exhibit 1).
Attachment: A. Agreement with San Diego Gas & Electric and easement cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Robby Contreras, Assistant City Attorney
John Maashoff, Public Works Manager
Bradley Northup, Public Works Superintendent
Faviola Medina, City Clerk Services Manager
Public Works Branch
Fleet & Facilities Department
405 Oak Ave I Carlsbad, CA 92008 I 760-434-2943 t
ATTACHMENT A
soG~ -••/E
A ~ Sempra Energy utility•
SDG&E Power Your Drive for Fleets Make-Ready Infrastructure Program Participation Agreement
This PROGRAM PARTICIPATION AGREEMENT ("Agreement") is by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and City of Carlsbad ("Program Participant"). SDG&E and Program Participant are referred to collectively as the "Parties."
RECITALS
1. In support of California's goal to reach 1.5 million zero-emission vehicles by 2025 and at least 5 million zero-emission vehicles by 2030, SDG&E will own, install, operate, and maintain Electric Vehicle Charging Make-Ready ("Make-Ready") Infrastructure at qualifying and selected locations operating qualified Medium-Duty/Heavy-Duty Electric Vehicles ("MD/HD EV"), as part of SDG&E's Power Your Drive for Fleets Make-Ready Infrastructure Program ("Program"), as approved by the California Public Utilities Commission ("CPUC"); full definitions of terms located after signature page. Companies who wish to participate in the Program must agree to the terms and conditions as provided for in this Agreement.
2. In general, the Program provides no-cost design, installation, and operation of the Utility-Side Make-Ready ("Utility-Side Make-Ready") Infrastructure and either:
• No-cost design, installation, and operation of the Customer-Side Make-Ready ("Customer Side Make-Ready") Infrastructure; OR
• Program Participant may choose to design, install, and operate ("Self-Install") the Customer-Side Make-Ready Infrastructure.
o Program Participants that select the Self-Install option may be eligible for a rebate of up to 80% of the cost to design and install the Customer-Side Make-Ready Infrastructure.
• Electric Vehicle Supply Equipment (EVSE) Rebate: Program Participant may qualify for an EVSE Rebate ofup to 50% of the costs to purchase qualified EVSE. • Electric Vehicle Energy Rate
o SDG&E's optional Electric Vehicle-High Power Charging rate (EV-HP) for Program Participants will replace demand charges with a new subscription pricing plan.
3. Program Participant and SDG&E are entering into this Agreement for participation in the Program; and for installation of the Infrastructure at:
2480 Impala Drive, Carlsbad, CA 92010, APN 209-050 -26
1.0 GENERAL PROGRAM REQUIREMENTS AND REBA TE:
V2.2_06Jul21 1
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To participate in the Program, Program Participant shall comply with the following requirements:
Customer-Side Make-Ready options:
Program Participant shall designate an Infrastructure Make-Ready option below:
0 Program Participant elects SDG&E to design, install, and operate the Customer-Side Make Ready Infrastructure.
□ Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructure Option. * Addendum 1: Self Installed Customer-Side Infrastructure Addendum sets fort!, the details and additional terms and conditions that apply to this option. Program Participants who elect this option shall sign and return Addendum 1 along with this Agreement.
Vehicle Acquisition Plan:
The Vehicle Acquisition Plan is a commitment that the stated number of unique vehicles will use the infrastructure within the estimated delivery date. These vehicles may be owned/leased by the Program Participant or owned/leased by others using the site.
Program Participant shall provide Proof of Purchase or other evidence for the purchase of no fewer than two (2) Class 2 through Class 8 MD/HD EVs; or retrofit a minimum of two (2) existing diesel fueled MD/HD vehicles to electric. Program Participant shall provide such evidence prior to SDG&E initiating pre-construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing Electric Vehicle Acquisition Plan for the period encompassing the Term of this Agreement.
Vehicle Acquisition Plan
Q4 2022 EV VAN - CLASS 2B 2
Q42023 EV TRUCK - CLASS 2 2
Q4 2023 EV VAN -CLASS 2B 2
Q2 2024 EV VAN or TRUCK - CLASS 2B 5
Q42024 EV VAN or TRUCK -CLASS 3 or higher 1
Q2 2025 EV VAN or TRUCK- CLASS 2B 3
Q4 2025 EV TRUCK- CLASS 3 or higher 1
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Q2 2025 EV TRUCK - CLASS 3 or higher
Q2 2026 EV VAN or TRUCK-CLASS 2B
Q2 2027 EV VAN or TRUCK - CLASS 2 B
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8 Electric Vehicle Service Provider {"EVSP"): Program Participant shall contract with a qualified EVSP listed on the SDG&E Approved Product List ( APL ') to procure, install, operate, and maintain at a minimum, a quantity of one (1) EVSE in good working order for the Term of this Agreement and provide usage data for a period of five (5) years.
Program Participant shall work with selected EVSP to develop and submit to SDG&E any load management tactics that it will implement at its Medium-Duty/Heavy-Duty EV Charging Facility.
Program Participant shall submit the final load management plan to SDG&E prior to the completion of construction activities.
Prior to signing this Agreement, Program Participant shall complete the table below, detailing EVSE to be purchased and installed under the scope of the Program.
EVSP/EVSE Info
r · ··Est' - , ·•·.· ·Net~ork' ~, ... l _,,.<" ····•. . .. - ··EvsI1vifrifviodei' . • . • • <-c r 'dty•- '" I .
Delivery Provider ,
l . Qa.te
I
' . - . -·
Q2 2022 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2023 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Q2 2024 SDG&E Approved TBD/DCFC 62.S kW 4
APL
Q2 2025 SDG&E Approved TBD/DCFC 62.S kW 4
APL
Q4 2025 SDG&E Approved TBD/DCFC 62.S kW 4
APL
Q2 2026 SDG&E Approved TBD/DCFC 62.S kW 4
APL
Q4 2026 SDG&E Approved TBD/DCFC 62.5 kW 4
APL
Q2 2027 SDG&E Approved TBD/DCFC 62.5 kW 2
APL
Operations & Maintenance: The Program Participant is required to operate and maintain the Charging Station(s) for the Term of this Agreement. Program Participant shall pay all O&M costs and make best effort to maintain availability at the direction of SDG&E. Program Participant shall maintain the common area improvements immediately surrounding the Charging Station(s) to ensure there is enough space for vehicles to reach Charging Stations and to ensure Charging Station(s) are in good condition, ordinary wear and tear excluded. Program Participant shall promptly notify SDG&E of any problems it is aware of related to the Make-Ready Infrastructure.
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Data Collection & Use: Program Participant shall support the data collection requirements of the Program. Data collection requirements will conform with the requirements of the California Public Utilities Commission and Data Reporting template.
Program Participant hereby expressly consents to the use and disclosure, by SDG&E, its agents and representatives, of data gathered as part of the Program for use in regulatory reporting, industry forums, case studies or other similar activities.
Easement: Program Participant represents that the landowner ("Grantor") has been consulted and has agreed to grant SDG&E the Easement required for the Infrastructure. Additionally, Program Participant represents and warrants herein that such Grantor understands and is agreeable to the terms contained in the attached form Exhibit A: Easement, and further, that this Agreement may be incorporated in its entirety or parts thereof into said Easement at SDG&E's discretion, that said Easement remains with the property title upon transfer and may only be quitclaimed by SDG&E in accordance with this Agreement and the Easement.
EVSE Rebate : Program Participant may qualify for an EVSE Rebate ofup to 50% of the costs to purchase qualified EVSE.
0 kW to 19.2 kW to 50% of the cost of EV SE, max $3,000
19.3 kW to 50 kW to 50% of the cost ofEVSE, max $15,000 er EVSE
50.1 kW to 150 kW to 50% of the cost ofEVSE, max $45,000 er EVSE 150.1 kW+ Up to 50% of the cost ofEVSE, max $75,000 per EVSE Rebate eligibility requirements include:
• EVSE is listed on the Approved Product List (APL):
• Program Participant is a Transit or School District;
• or is located in a Disadvantaged Community ("DAC'');
• and is not a Fortune 1000 Company
EVSE Rebates will be paid after:
• Program Participant submits Rebate Application;
• Program Participant provides Proof of Purchase of EVSE; • SDG&E inspects the installation of the EVSE and if applicable, Program Participant Owned Infrastructure;
• EVSEs are operational.
2.0 RIGHT TO ACCESS
Program Participant shall provide SDG&E, its representatives, contractors and designees access to the project location for purposes of design and installation of the Infrastructure. SDG&E, its contractors and designees shall make reasonable accommodations to minimize all impacts to Program Participant operations.
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3.0 INSTALLATION OF EQUIPMENT
SDG&E, its contractors, representatives, and designees will design and construct the Infrastructure in compliance with this Agreement, as well as all applicable local, state and federal laws and regulatory requirements.
4.0 AMERICANS WITH DISABILITES ACT (ADA) REQUIREMENTS
Program Participant acknowledges that electric vehicle charging facilities are required to comply with the Americans with Disabilities Act (ADA), if applicable, and California Building Standards, which may impact parking layouts and design.
5.0 RELOCATIONS
Removal: Except as otherwise provided herein or in the Easement, at any time during the Term of this Agreement or the duration of the Easement, whichever is longer, should Program Participant require removal of the Infrastructure or parts thereof, other than those specifically contemplated herein, Program Participant shall bear full cost and sole expense of such removal of all Infrastructure installed pursuant to this Agreement.
Relocations: Except as otherwise provided herein or in the Easement, at any time during this Agreement or the duration of the Easement, whichever is longer, should Program Participant require relocation of infrastructure installed pursuant to this Agreement. Such relocation shall be by mutual agreement of the Parties. Should SDG&E approve relocation of such facilities, such relocation shall be at sole expense of Program Participant, regardless of whether Utility-Owned or Customer-Owned, and in accordance with any Program requirements, laws, regulations, or other applicable jurisdictional requirements in effect at the time of relocation. Additionally, at SDG&E' s discretion, upon a relocation, Program Participant shall either amend the Easement to include the legal description of the new location or enter into a new Easement with SDG&E.
6.0 DUTY TO NOTIFY
Program Participant shall notify SDG&E immediately regarding any unsafe, inoperable or damaged equipment. In addition, Program Participant shall immediately report all claims and/or incidents to SDG&E or its designated representative(s), and promptly thereafter confirm in writing, the occurrence of any injury, loss, or damage incurred by Program Participant.
If Program Participant has received or receives any other incentives or rebates for any Infrastructure or equipment covered under the scope of this Program, Program Participant shall notify SDG&E of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with the EVSE Rebate or Customer-Owned Infrastructure Rebate provided by SDG&E, would reimburse Program Participant for more than 100 percent of the cost, SDG&E shall decrease the applicable rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the rebate payment exceeding 100 percent of the cost incurred by Program Participant.
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7.0 OPERATIONAL CONDITIO NS AND PROGRAM PARTICIPANT CONTACTS Program Participant shall perform certain operational functions such as report conditions and issues related to the Infrastructure.
For these purposes and other related reasons, P rogram Participant shall have two designated contacts with current and available contact information at all times.
Designated Contact Person for Operations
(Name, Email, Phone #)
Bradley Northup, Public Works Superintendent - Fleet Operation [email protected]
760-602-2400 x3186
Designated Backup Contact Person for Operations
(Name, Email, Phone #)
Paz Gomez, Deputy City Manager-Public Works
paz.gomez(ci),carlsbadca.gov
760-602-2749
8.0 COMPENSATION
Except as otherwise provided in this Agreement, under no conditions shall Program Participant receive compensation of any kind, either by cash, in-kind services, or otherwise, for any duties or requirements provided for in this Agreement or for participation in any way as part of the Program, including but not limited to:
• Easement;
• Use of data for lawful purposes;
• Loss of business activity during construction or maintenance activities, or • Any other inconvenience or loss, without limitation, related to participation.
9.0 CONFIDENTIALITY
During the Term of this Agreement , Program Participant may be provided with information of a confidential nature ("Confidential Information") by SDG&E or its representatives.
Throughout and after the duration of this Agreement, Program Participant shall hold all Confidential Information in strict confidence. Without SDG&E' s prior written approval, Program Participant shall not use, disclose, reproduce , distribute, or otherwise misappropriate any Confidential Information , nor shall Program Participant take any action that may cause, or fail to take any action necessary to prevent causing, any Confidential Information to lose its character as V2.2_06Jul21 7
Confidential Information. SDG&E acknowledges that Program Participant is subject to the California Public Records Act (CPRA). Nothing in this agreement prohibits Program Participant from releasing documents that are not exempt from disclosure under the CPRA or applicable law.
10.0 INTELLECTUAL PROPERTY
Nothing in this Agreement or the Parties' performance of it is intended or shall be deemed to convey any intellectual property rights to Program Participant. All intellectual property rights relating to the Program are expressly reserved to SDG&E, its contractors or other designated representatives and their respective licensors.
11.0 WAIVER
No provision of this Agreement may be waived unless agreed to by SDG&E, its contractors or other designated representatives and Program Participant in writing. The failure of SDG&E, its contractors or other designated representatives or Program Participant to insist upon strict performance of any provision of the Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Agreement.
12.0 DISPUTE RESOLUTION
In the event of a dispute relating to this Agreement, Program Participant and SDG&E, its contractors or other designated representatives shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making authority, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute.
13.0 GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for any litigation arising from or relating to this Agreement shall be in San Diego County, California.
14.0 PROGRAM PARTICIPANT REPRESENTATIONS
Program Participant is an independent entity from SDG&E, its affiliates, contractors, vendors, representatives , or designees and nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Program Participant and SDG&E, its affiliates, contractors, vendors, representatives or designees nor create any · obligations or responsibilities on their behalf except as otherwise provide herein, nor make any representations of any kind to this effect.
15.0 SEVERABILITY
If any provision under this Agreement or its application to any person or circumstance is held invalid by any court of lawful jurisdiction , such invalidity shall not affect other provisions of the V2.2_06Jul21 8
Agreement which can be given effect without the invalid provision.
16.0 FALSIFICATION AND MISREPRESENTATION
Program Participant shall not falsify or misrepresent invoices or other documentation to SDG&E, its contractors or other designated representatives.
17.0 MARKETING & BRANDING
Disclaimer: All marketing, advertising or promotional materials which reference SDG&E, its contractors or other designated representatives or the Program itself, shall include a disclaimer which shall state that Program Participant is not an agent or affiliate of any and all of SDG&E, its contractors or other designated representatives.
Logos/ Trademarks: Program Participant shall not use the logos, trademarks or service marks of the Program, SDG&E, its contractors, or other designated representatives in any of Program Participant's marketing, advertising, or promotional materials without express written approval from SDG&E, its contractors or other designated representatives as appropriate. SDG&E shall not use the logos, trademarks or services marks of Program Participant without express written approval from Program Participant.
Marketing Materials: Program Participant must use up-to-date Program marketing materials. All marketing and advertising materials shall comply with the California Business and Professions Code.
Endorsements: Program Participant shall not state or imply endorsement of its products or services on the part of SDG&E, its contractors or other designated representatives or the Program.
Right to Review Materials: SDG&E, its contractors or other designated representatives reserves the right to review and approve any and all advertising, marketing, or promotional copy or materials developed or used by the Program Participant which references the Program Participant's participation in this Agreement or the Program, financing and other SDG&E programs or those of the contractors or other designated representatives. At its sole discretion, SDG&E, its contractors or other designated representatives may require the Program Participant to submit such copy and materials for pre-approval. Approval shall be granted, unless SDG&E, its contractors or other designated representatives, in its sole discretion, determines that the copy or materials are misleading, in error, or fail to meet the requirements of this Agreement. The Program Participant agrees to remove from circulation or otherwise discontinue the use of any such materials.
18.0 CHANGES
SDG&E, its contractors or other designated representatives may initiate changes to the Program as circumstances dictate. SDG&E, its contractors or other designated representatives will make every effort to provide at least 30 calendar days written notice of changes that affect Program activities. However, SDG&E, its contractors or other designated representatives reserve the right to make immediate changes, without notice, as deemed necessary or in the best interest of SDG&E V2.2_06Jul21 9
and its Customers. In the event SDG&E, its contractors or other designated representatives materially change the Program to the detriment of Program Participant, Program Participant may terminate this Agreement upon 30 days written notice to SDG&E.
Design Changes: A preliminary layout of proposed facilities will be provided via the 30% Design Acceptance document. Program Participant shall provide signed acceptance of the 30% Design Acceptance document certifying that the location of the facilities to be owned and operated by SDG&E are acceptable and not in conflict with the Participants planned improvements and further authorizes SDG&E to proceed with the preparation of final design(s), drawing(s), and cost(s).
Program Participant acknowledges and agrees that any Infrastructure installed by SDG&E may vary from the design, if, in SDG&E's sole discretion, actual site conditions or municipal requirements dictate such changes. Program Participant may be responsible for incremental costs if: 1) There are changes to the system caused by the Participant or Participant's authorized representative, 2) There is a deviation from the electric load information specified within the approved Desktop Review/Load Study which will necessitate design and/or construction changes, 3) the project is cancelled after this Agreement is executed.
19.0 FRAUD AND DISHONESTY; COMPLIANCE WITH LAWS
Program Participant expressly warrants and represents that it shall conduct its business activities without perpetrating any fraud or dishonesty through the Program. Program Participant shall use best efforts to avoid doing any harm to SDG&E, their Contractors or other designated representatives' including the brands or goodwill of same. Program Participant shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions that relate to or govern its participation in the Program.
20.0 BREACH OF AGREEMENT
Without limitation, and to the greatest extent allowed by law, SDG&E and Program Participant reserve the right to seek damages and recovery for losses incurred due to any breach of this Agreement on the part of Program Participant or SDG&E as applicable, whether intentional or unintentional.
21.0 TERMINATION AND TRANSFER
Term ("Term"): This Agreement shall be in effect from the Effective Date ("Effective Date") through a period of ten (10) years from the In-Service Date ("In-Service Date"), unless the parties agree in writing to cancel or extend the Term, subject to this Agreement.
SDG&E Right to Terminate: SDG&E, its Contractors or their designated representatives may terminate, or for any duration suspend, this Agreement and Program Participant's participation in the Program, or operation of the Infrastructure, with or without cause, at any time, and for any reason. Such reasons may include but are not limited to:
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At Program Participant 's removal cost, if removal requested by SDG&E for Program Participant's:
• Failure to provide or comply with terms of the Easement • Breach of Agreement in whole or in part
At SDG&E' s removal cost, if:
• Pe1mitting issues
• Exceptional installation costs
• Environmental concerns
• Program no longer authorized by the CPUC
• Any other reason( s) not in Program or ratepayers' best interest Termination: Program Participant may terminate this Agreement upon thirty (30) days notice should SDG&E materially breach any material term of this Agreement or fail to perform any material obligations hereunder, after notice and a reasonable opportunity to cure. Should a sale of property or other circumstance result in Program Participant losing its ability to perform its obligations per this Agreement , Program Participant shall immediately notify SDG&E in writing and without delay within ten (10) days of Program Participant knowledge of such a possibility and notwithstanding anything to the contrary contained herein, this Agreement shall terminate.
Should Program Participant request removal or termination, for any reason, of Electric Vehicle Supply Equipment ("EVSE") or parts thereof prior to expiration of the Term, Program Participant shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by SDG&E on behalf of ratepayers. If after signing this Agreement, Program Participant withdraws from the Program prior to the site being activated, then SDG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Agreement including, but not limited to, design cost, site walk costs, etc.
Transfer of Agreement: Under no circumstance may this Agreement or parts thereof be assigned, transferred or otherwise conveyed without prior written consent of SDG&E and/or its designated representative. Such consent will not be unreasonably withheld. The assignee in any such permitted assignment shall assume all rights and obligations for the remaining Term.
Used and Useful: Program Participant shall demonstrate to SDG&E ' s reasonable satisfaction that the Infrastructure will be operated by the Program Participant within three months of the Infrastructure In-Service Date. Thereafter , at SDG&E' s discretion , it may request evidence that Program Participant is operating these vehicles and associated charging in accordance with its Electric Vehicle Acquisition Plan. If Program Participant is not operating vehicles consistent with such plan, at SDG&E's discretion Program Participant may be responsible for SDG&E costs associated with installing the excess Infrastructure. This includes costs, as circumstances may dictate, for losses incurred by SDG&E on behalf of ratepayers , such as costs of equipment , site design and installation. Costs shall not exceed the Customer-side Infrastructure cost estimated to be $100,000. This cost will be updated upon final completion of the project.
End of Term: At the end of the Term, unless the parties agree otherwise, SDG&E shall remove at its cost or abandon in-place Utility-Owned Infrastructure at SDG&E' s discretion ; Program Participant is responsible for Self-Installed Customer-Owned Infrastructure and EVSE at Program V2.2_06Jul21 11
Participant's own cost.
22.0 NOTICES
Any notice provided under this Agreement shall be sent via first-class U.S. Mail. Notice is deemed effective on the third day after it is deposited in the U.S. Mail. Alternatively, notice may be given by fax or email, which is effective upon confirmation of successful transmission to the recipient. Notice pursuant to this Agreement shall be sent to:
PROGRAM PARTICIPANT:
(Name, Address, Email)
Paz Gomez, Deputy City Manager - Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
[email protected]
SAN DIEGO GAS & ELECTRIC COMPANY:
Name:
Address:
Email:
Name:
Address :
Email :
Chris Faretta, Clean Transportation Programs Manager
8306 Century Park Court, CP41F, San Diego, CA 92123
cfaretta@sdge .com
Annamay Luyun
8306 Century Park Court, CP41F, San Diego, CA 92123
[email protected]
23.0 MISCELLANEOUS
This Agreement, including the Exhibits attached hereto and all items incorporated herein by reference and any written modification shall represent the entire and integrated agreement between the Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive statement of the terms and conditions of the Parties' agreement, and shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter ofthis Agreement or written modification. If any provision ofthis Agreement is in any way deemed unenforceable, then the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those to which it is held unenforceable, shall not be affected, and each term and provision shall be enforceable to the fullest extent permitted by law.
Program Participant represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement and that the undersigned is authorized to execute this Agreement V2.2_06Jul21 12
on behalf of Program Participant. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
PROGRAM PARTICIPANT:
Signature & Date:
X
DEFINITIONS
SAN DIEGO GAS & ELECTRIC COMPANY
Signature & Date:
X
Chr is Faretta
Clean Transportation Proqrams Manaqer
• Approved Product List {APL): The list ofEVSE qualified by SDG&E and meeting SDG&E's technical requirements. Rebate eligible Program Participants must select EVSE from the APL in order to receive an EVSE Rebate (if available).
• California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. • CPUC's Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC-Approved Transportation Electrification Programs. • Customer-Owned Infrastructure: This includes the EVSE purchased and installed by the Program Participant pursuant to this Agreement; and the Customer-Side Make-Ready, if the Program Participant elects the Self-Install Customer-Side Make-Ready option. • Customer-Side Make-Ready: The Customer-Side Make-Ready Infrastructure includes all Infrastructure from the utility meter up to the first point of interconnection with the EVSE.
Make-Ready, as defined herein, does NOT include purchase or installation of the EVSE. • Disadvantaged Community (DAC): Census tracts in California with a top 25% quartile score according to California Environmental Protection Agency's CalEnviroScreen 3.0 tool. • Easement: A real property instrument substantially in the form of Exhibit A attached hereto to grant right of way for SDG&E to construct, maintain, operate, and repair any Utility-Owned Infrastructure.
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• Effective Date: The date that this Agreement is dually signed and executed. • Electric Vehicle Service Provider (EVSP): The entity from which the EVSE and Network Services is purchased.
• Electric Vehicle Supply Equipment (EVSE): An individual charging station unit that may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle's battery pack. The individual connectors of the EVSE are referred to as ports. Each EVSE can charge one or more vehicles depending on the number of ports the unit is equipped with. Qualifying EVSE that meets the technical specificat ions set forth by SDG&E are listed in the APL. • EVSE Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee , pursuant to the terms and conditions of the Program, to offset a portion of the purchase of approved EVSE.
• In-Service Date: The date the Infrastructure installed under this Agreement becomes available for use by the Program Participant.
• Infrastructure: The equipment and materials to be installed by either party pursuant to this Agreement on both the Utility-Side and Customer-Side of the electric meter. • Make-Ready Infrastructure: All infrastructure necessary to operate EVSE; this includes all trenching , conduit , wire, hardscape work, signage , protective measures , and site restoration, installed so the EVSE can be mounted and any communications equipment installed. Make Ready, as defined herein, does NOT include (1) purchase or installation of the EVSE. • Medium-Duty/Heavy-Duty Electric Vehicles: Includes forklifts , truck stop electrification, transport refrigeration units, port cargo trucks , transit buses, school buses , airport ground support equipment , medium-duty vehicles , heavy-duty vehicles , and Class 2 through Class 8 on-road vehicles; as defined by U.S. Department of Energy . • Program: Also referred to as the Power Your Drive for Fleets Make-Ready Infrastructure Program. The Program is designed to help Program Participants install EV charging Infrastructure needed to electrify their medium- and heavy-duty fleets and off-road vehicles. • Program Participant: The SDG&E Customer that enters into this Agreement. • Term: This Agreement shall be in effect from the Effective Date through a period often (10) years from the In-Service date.
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• Utility-Owned Infrastructure: This includes all Infrastructure installed by SDG&E. • Utility-Side Make-Ready: The Utility-Side Make-Ready Infrastructure includes all Infrastructure work from SDG&E's distribution system to a new circuit panel that will be installed to support EVSE. SDG&E will ALWAYS be responsible for designing, procuring, installing, and maintaining the necessary Infrastructure on the Utility-Side of the meter. • Vehicle Acquisition Plan: Program Participant's written plan detailing the number, type, and charging levels of electric vehicles that will be used at the Program Participant's premises over time to justify the requested Infrastructure.
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Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
8690 Balboa Avenue
San Diego, CA 92123-1569
Attn: Real Estate Records - CPA0l
Project No.:
Notif. No.:
A.P.N.:
SR No.:
3-393337
3-393485
209-050-26
473925
RW 372941
Exhibit A
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMP ANY
EASEMENT
CITY OF CARLSBAD , A MUNCIP AL CORPORATION (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct , relocate, repair, maintain and use facilities consisting of:
1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad-mounted electrical equipment, and appurtenances for the transmission and distribution of electricity to the Facilities.
2. Communication facilities and appurtenances, which can include Supervisory Control and Data Acquisition ("SCADA").
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenjent or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives , buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California described as follows:
That portion of Lot "B" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, more particularly described in a Deed recorded June 30, 1982 at File/Page No. 82-201566, of Official Records of said County of San Diego.
T: landServices:NonRecords:NewBusiness:
Rev.
-I- 810236S
1 The easement in the aforesaid property shall be more particularly described in Parcels "A" and "B" as follows:
PARCEL A:
That certain strip of land, 5.00 feet by 20.00 feet, the approximate location shown and delineated as "EASEMENT AREA" , on the Exhibit "A", consisting of one (1) sheet, attached hereto and made a part hereof.
PARCELB:
Those certain strips of land, including all of the area lying between the exterior sidelines , which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said properties on or before, December 31, 2022, EXCEPTING THEREFROM , those portions lying within Parcel A.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct , nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement.
Upon Grantor and Grantee's mutual agreement, Grantee will (i) remove Grantee 's facilities from the Easement within a reasonable period of time, and (ii) upon Grantor 's request, furnish Grantor a good and sufficient quitclaim of the Easement; provided , that Grantee shall have such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and quitclaim, including but not limited to any approval from the California Public Utilities Commission as may be required.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed , any building or other structure, plant any tree, drill or dig any well, within this easement . Notwithstanding the foregoing , Grantor retains the right to construct , reconstruct and maintain improvements that do not interfere with the safe operation of Grantee's Facilities or cause damage to Grantee's Facilities , including, but not limited to, fences, landscaping with shallow roots (e.g., grass) sidewalks , curbs, gutters, and street or parking lot surfaces or other surfaces; provided that Granter shall not commence to install, construct or grade unless and until Grantee shall first have reviewed and approved of Grantor's detailed construction plans, whereby Grantee shall have the right to require modifications or changes to such plans as necessary, in Grantee's opinion, to ensure safe operations of Grantee's Facilities, compliance with all Standards, unimpeded access to Grantee's Facilities at all times and avoidance of other encumbrances upon Grantee 's rights under this Easement. The foregoing shall be subject at all times to any regulatory approvals required at the time ofreview.
Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities , without prior written consent of Grantee, which consent shall not unreasonably be withheld.
T: /andServices: NonRecords: New Business:
Rev.
-2- 810236S
1 Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary . Said right shall not relieve Gran tor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons.
CONDUITS CARRY HIGH VOLTAG E ELECTRICAL CONDUCTORS , therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California.
This easement shall be binding upon and inure to the benefit of successors , heirs, executors , administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF , Grantor executed this instrument this day of ------- Drawn : BCorbilla
Checked: em&
Date: 10/6/2021
Site No: MD190021
20 CITY OF CARLSBAD, A MUNCIP AL CORPORATION
By: ___________ _ ____ _
Name : ----------- --------PRINT NAME
Title: ----------- --------
Site Name : City of Carlsbad
T: landServices: Non.Records:NewBusiness: -3-
Rev.
810236S
I
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF _______ _
On before me _________ _, ----------------------
(name, title of officer)
personally appeared _______ ____ _________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WI1NESS my hand and official seal.
(Signature ofNotary Public)
T:landServices:NonRecords:NewBusiness:
Rev.
(Notary Seal)
-4- 8l0236S
I
EXIIlBIT B: Owner Authorized Agent Form
I, City of Carlsbad, hereby authorize San Diego Gas & Electric Company to act as my agent in all documents/forms as it relates to obtaining Agency permits for the installation of infrastructure at the property listed below.
Property Address:
City of Carlsbad
2480 Impala Drive, Carlsbad, CA 92101
Agent Name, Address & Telephone Number:
Asplundh Construction LLC
6101 Gateway Drive
Cypress, CA 90630
1-714-893-2405
Property Owner Name, Address, & Telephone Number:
City of Carlsbad
2480 Impala Drive, Carlsbad, CA 92101
Paz Gomez, Deputy City Manager - Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
[email protected]
Property Owner Signature & Date: X
V2.2_06Jul21
SDG&E “Power Your Drive
for Fleets”
Bradley Northup, Superintendent
Public Works
January 11, 2022
{city of
Carlsbad
REQUESTED ACTION
• Authorize execution of an agreement with SDG&E
• Approve granting associated easements for infrastructure • Authorize expansion of the scope for CIP 4747 (Fleet Fuel Island Improvement)
• Authorize a transfer and appropriation of $100,800 from the Fleet Maintenance Fund for the purchase of two (2) Level 3 (DC FAST) charging stations.
{city of
Carlsbad
TODAY’S PRESENTATION
• Fleet overview
• Fleet emission reduction efforts to date
• Upcoming regulatory changes
• SDG&E Program & project overview
• Agreement Overview
{city of
Carlsbad
1,400,000 Miles Traveled
260,000 Gallons of Fuel
Consumed
FLEET OVERVIEW
424 Vehicles &
Equipment
2,400 Metric Tons of
GHG
{ City of
Carlsbad
Emission Reduction Efforts to Date
Plug In Hybrid Conversions
Level 2 Fleet Charging
Patrol Vehicle Conversions to Hybrid
Use of Renewable Diesel
A.O.3 Policy Revisions for Vehicle
Acquisition
SDG&E “Power Your Drive for Fleets”
,., -a-'•'
0000
9JWW {city of
Carlsbad
New Regulation
Affected Vehicles - 87
Remaining Fleet - 337
SDG&E “Power Your Drive for Fleets”
California Air Resources Board – Advanced Clean Fleets
Affects all Public Fleets
Medium & Heavy-Duty Vehicles
2024 - Begin purchase of Zero Emission
2027 - All new purchases must be Zero Emission
Excludes “Emergency Vehicles”
Board Approval expected in 2022
000
Lf--J 0
{city of
Carlsbad
SDG&E Program
Open to Fleets operating MD/HD vehicles
Assists in the planning, designs & construction
Goal to convert a minimum of 3,000 vehicles
Mutual agreement & commitment
10 Year participation
SDG&E “Power Your Drive for Fleets”
,., -a-'•'
0000
9JWW {city of
Carlsbad
Permits, Planning
& Final Design
Five Year Phased
Construction
PROJECT OVERVIEW
Initial Design &
Agreement
{ City of
Carlsbad
PROJECT DESCRIPTION
Project Location
{city of
Carlsbad
PROJECT DESCRIPTION
Initial Design
I
<1
-,. .
INS: 5 - 1 1/2" l.-:7
STUB 5' AWAY FROM ~
MED IAN FOUNDATION
..,
INS: 1 - 11/2"(50' ) O
INS: (3) #3 & ( l ) #il cea·iL..1._(lj
SITE HOST TO INSTALL l.-:7
1 - DC FAST CHARGER ~
-------....
- INS: 3427 ~
I NS: 586-377 L2_J
q t:l 8. 1-2000 HNS
' 4 D~5e 1
-------------"· y j SITE HOST TO INSTAL L Q
· ~~ DC FAST CHARGER L..1..:J
'? INS: 1 - 1 112"(53') 0
• < [ " ' ~'" ' ~"" "
~ '/
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' MA TCHLINE •s• - SEE SHEET 3
INS: 1 - 1 112" r:;;;7
STUB~
INS: 1 - 11 12"G;l
STUBL..'.J
INS: 1 - 1112"i-:;:;-i
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INS: 1 - 1112"Q
STUBL.::J
INS: 1 - 1 112" r:::72
STUB~
INS: 1 - 1 112" ~
STU B L'.::'.J
INS: 1 - 1 1/2" r-;;;7
STUB L..::J
i"-;;7 INS: 10-5" 45'
L.:J INS: (5) 3- 1000. 1-750 600V e5'
Q INS: 5 - 1 1/2"
L'..".J STUB 5' AWA Y FROM
MEDIAN FOUNDATI ON
r::7 INS: 4000A SWITCH BOARD
L'.'.J 277/400V, 30, 4W, 30KA/C
Q INS: 4- 11 12"
L'..'J STUB 5' AWAY FROl,t
MEDIAN FOUNDATION
r::7 1NS: 5 - 1 112"
L'.:J STUB 5' AWAY FROM
MEDIAN FOUNDATION
{city of
Carlsbad
SDG&E “Power Your Drive for Fleets”
PROJECT TIMELINE
2022
January 2022
Agreement Start &
Easements Approved
March 2022
60% Design
Complete
May 2022
100% Design
Confirmed
May 2022
Permits Approved
June 2022
Pre-Construction
August 2022
Construction Start
October 2022
Construction Complete
PROJECT DESCRIPTION
{city of
Carlsbad
SDG&E will agree to:
Design the infrastructure necessary to operate up to
26 city provided Level 3 EV charging stations
Permit and construct infrastructure to support 26
city provided Level 3 EV charging stations
Purchase all materials and equipment necessary to
complete construction
Provide ongoing maintenance of infrastructure to
support city-supplied EV charging stations
Provide the city with rebates of up to 50% for
purchase of qualified EV charging equipment
Agreement Overview
{city of
Carlsbad
City will agree to:
Provide a vehicle acquisition plan that details the number and type of vehicles to be converted
Purchase, install, operate and maintain EV charging equipment for a period of 10 years
Agree to purchase the electricity consumed through SDG&E’s discounted EV-HP charging rate plan
Support data collection and use information for SDG&E’s use Grant easement(s) to SDG&E for the infrastructure installed Incur damages for breach of agreement or early termination of an amount not to exceed $100,000
Agreement Overview
{city of
Carlsbad
REQUESTED ACTION
• Authorize execution of an agreement with SDG&E
• Approve granting associated easements for infrastructure • Authorize expansion of the scope for CIP 4747 (Fleet Fuel Island Improvement)
• Authorize a transfer and appropriation of $100,800 from the Fleet Maintenance Fund for the purchase of two (2) Level 3 (DC FAST) charging stations.
{city of
Carlsbad
QUESTIONS?
{city of
Carlsbad
Icon style
Icon style
SDG&E POWER YOUR DRIVE FOR FLEETS
COMMUNITY
VISION
COUNCIL
GOALS
WORK
PLAN
ANNUAL
BUDGET
• Color palette for reference
SAMPLE CONTENT
SLIDE
• Keep bullets to one line if possible
• No more than 5 lines per slide
• Summarize your key points
• Use sentence case
{city of
Carlsbad