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HomeMy WebLinkAbout2024-11-19; City Council; ; Agreement with San Diego Gas & Electric to Provide, Install and Maintain Electric Vehicle Charging Station Infrastructure at Veterans Memorial ParkCA Review ___AF___ Meeting Date: Nov. 19, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Nick Stupin, Parks Planning Manager nick.stupin@carlsbadca.gov, 442-339-2527 Subject: Agreement with San Diego Gas & Electric to Provide, Install and Maintain Electric Vehicle Charging Station Infrastructure at Veterans Memorial Park District: 2 Recommended Action Adopt a resolution authorizing execution of an application and agreement with San Diego Gas & Electric to provide, install, and maintain electric vehicle charging station infrastructure as part of the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609. Executive Summary The Veterans Memorial Park Project, Capital Improvement Program Project No. 4609, is a 93.7 acre park development project located southeast of the Agua Hedionda Lagoon. This new park will be the city’s largest community park. The design is intended to create a family-oriented park with spaces and activities designed for all ages and abilities combining both active play areas and peaceful spots to relax. (Exhibit 2). San Diego Gas & Electric has an electric vehicle infrastructure policy that will allow the city to provide more public EV charging stations, with little installation-related costs to the city. SDG&E will pay for the design, construction, installation, and maintenance of the utility-owned infrastructure for the city’s EV charging stations, minus a $5,000 administrative fee. Staff recommend the City Council authorize the execution of an application and agreement with SDG&E to perform the EV charging station infrastructure work as part of the Veterans Memorial Park Project. The City Council’s authorization is required because there is no municipal code section or resolution authorizing the City Manager or the Mayor to execute such an application and agreement. Additionally, the agreement requires the city to broadly indemnify SDG&E for any damages that might arise from its work related to the agreement, which necessitates the City Council’s approval. Nov. 19, 2024 Item #2 Page 1 of 13 Explanation & Analysis The City Council approved the Final Veterans Memorial Park Master Plan on July 26, 2022. Staff anticipate returning to the City Council for approval of the park’s construction plans, specifications and contract documents, and authorization to bid the project in Spring 2025. The Veterans Memorial Park Project will have EV charging stations in the park’s north and south parking lots. The park’s plans and specifications will include the infrastructure for seven public, dual port Level 2 EV charging stations. Three of the charging stations will be installed with the park’s initial construction, and the four other charging stations will be subsequently installed according to the demonstrated need. The project design team had already been developing the plans and specifications required to install the EV charging stations at the park when SDG&E established its EV infrastructure policy. The policy was created in response to Assembly Bill 841, which requires utility companies to undertake transportation electrification efforts approved by the California Public Utilities Commission to advance California’s goal of reducing greenhouse gas emissions of to 40% below 1990 levels by 2030. Under its EV infrastructure policy, SDG&E will design and install the electric distribution infrastructure for all customers putting in EV charging stations that will have their own electric meters, other than those being installed in single-family homes. This includes all the required equipment and the associated engineering and civil construction work. The policy does not cover the costs of relocating or removing existing utility infrastructure, which would be the city’s responsibility. Staff identified Veterans Memorial Park as an appropriate site for this infrastructure opportunity because it met the qualifications for participation, and its plans and specifications were already in development with SDG&E. Under the proposed agreement, SDG&E will cover the utility-owed infrastructure construction costs. The city is not obligated to use a certain amount of power from the chargers, which eliminates the risk of the city needing to make future payments to SDG&E if the chargers are underutilized. Under the agreement, SDG&E will: • Design the utility-owned electric distribution infrastructure to operate the proposed Level 2 EV charging stations1 • Purchase the materials and equipment necessary to complete the construction of the utility-owned electric distribution infrastructure • Construct and maintain all utility-owned electric distribution infrastructure In agreeing to participate in this program, the city will: • Pay an administrative fee of $5,000 ($2,500 per electric meter) to SDG&E • Engineer, permit, and construct the city-owned electric infrastructure, including the Level 2 chargers • Grant SDG&E an easement for new utility-owned electric distribution infrastructure 1 Level 2 chargers use 240-volt AC electricity to charge an EV's battery and can charge an EV's battery much faster than 120-volt Level 1 chargers. Nov. 19, 2024 Item #2 Page 2 of 13 • Fund and execute the operation and maintenance of the charging stations for at least five years from when SDG&E makes the power available • Remedy any charging station maintenance issue within 90 days of the start of the issue • Reimburse all of SDG&E’s costs, if any of the charging stations are not in working condition after one year • Install and activate the charging stations within 30 days after the SDG&E makes the power available • Collect data required by the agreement and provide project information to SDG&E that conforms to the requirements of the California Public Utilities Commission • Indemnify SDG&E for any damages that might arise from its work related to the agreement Options Staff provide the following options for the City Council’s consideration: 1. Authorize execution of an application and EV Infrastructure Rule 45 Agreement Pros • Provides a more cost-effective solution for the new electric utility service required for the project • Supports the goals of the city’s Climate Action Plan to reduce greenhouse gas emissions Cons • Costs of designing and installing utility-owned electric infrastructure will fall solely on the city if agreement terms are breached 2. Do not authorize execution of an application and EV Infrastructure Rule 45 agreement Pros • Removes the risk of paying back costs to SDG&E if terms are breached Cons • City would not realize cost savings on design, construction, and materials • SDG&E will set a customer allowance for the city’s EV charging stations based on estimated future load, and payments to SDG&E will be a possibility if the charging stations are underutilized Staff recommend Option 1. Fiscal Analysis SDG&E charges an administrative fee of $5,000 ($2,500 per electrical meter) to participate in this program. Sufficient funding is available in the Veterans Memorial Park Capital Improvement Program Project budget. The city is responsible for the costs associated with engineering, permitting, constructing and maintaining city-owned electric infrastructure. The city is responsible for the ongoing costs of the electricity consumed by the EV charging stations and the annual EV charging station software subscription costs. The city will collect use fees by drivers to offset these ongoing costs. The city will not incur any ongoing membership or participant fee by executing this agreement. Nov. 19, 2024 Item #2 Page 3 of 13 Next Steps SDG&E will proceed with final design of the utility-owned infrastructure and secure any necessary easements for the project. Construction of the utility-owned infrastructure will be integrated into the overall park construction and will take about three months to complete. Environmental Evaluation The City Planner has determined that on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a mitigated negative declaration and mitigation monitoring and reporting program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park. Exhibits 1. City Council resolution 2. Veterans Memorial Park illustrative plan Nov. 19, 2024 Item #2 Page 4 of 13 Exhibit 1 Nov. 19, 2024 Item #2 Page 5 of 13 RESOLUTION NO. 2024-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN APPLICATION AND AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE, INSTALL, AND MAINTAIN ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE AS PART OF THE VETERANS MEMORIAL PARK PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4609 WHEREAS, the City Council of the City of Carlsbad, California has determined that San Diego Gas & Electric established an electric vehicle infrastructure policy known as Rule 45 to support California's goal of reducing emissions of greenhouse gases to 40% below the 1990 level by 2030; and WHEREAS, the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609, is a 93.7 acre park development project located southeast of the Agua Hedionda Lagoon; and WHEREAS, the design intent is for a family-oriented park with a variety of multi-generational and inclusive amenities incorporated into active and passive recreational elements; and WHEREAS, the City Council approved the Final Veterans Memorial Park Master Plan on July 26, 2022, and staff anticipate returning to the City Council for approval of the park's construction plans, specifications and contract documents, and authorization to bid the project in Spring 2025; and WHEREAS, the park will have EV charging stations in the north and south parking lots; and WHERAS, the park's plans and specifications will include the infrastructure for seven public, dual port Level 2 EV charging stations.; and WHEREAS, under Rule 45, SDG&E designs and deploys electric distribution infrastructure for all customers installing EV charging stations that will have their own electric meters, other than those being installed in single-family homes; and WHEREAS, electric distribution infrastructure includes all the required equipment and the associated engineering and civil construction work; and WHEREAS, the city is not obligated to use a certain amount of power from the chargers, which eliminates the risk of needing to make future payments to SDG&E if the chargers are underused; and WHEREAS, there is an administrative fee of $5,000 ($2,500 per electrical meter) payable to SDG&E to participate in this program; and. WHEREAS, sufficient funding is available in the Veterans Memorial Park Project budget to address the administrative fee; and Nov. 19, 2024 Item #2 Page 6 of 13 WHEREAS, the city is responsible for the ongoing costs of the electricity consumed by the EV charging stations and the annual EV charging station software subscription costs. The city will collect use fees by drivers to offset these ongoing costs; and WHEREAS, the city planner has determined that on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park. 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 does hereby authorize and direct the Mayor to execute an application (Attachment A) and agreement (Attachment B) with San Diego Gas & Electric to provide, install, and maintain electric vehicle charging station infrastructure as part of the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 2024, by the following vote, to wit: AYES : NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Rule 45 Electric Vehicle Infrastructure Application .. ~SempraEnergyl/lWity· Residential Multi-Unit Dwelling/ Commercial/ Industrial Development Please complete and submit this request along with the REQUIRED plans to the applicable SDG&E Project Management offlce. Project Information D Electric Overhead Service D Electric Underground Service Date Initial service needed ! 8/21/2026 ====---;:::======::: ProjectAddress/Locatlon!Veterans Memorial Park, North parking lot I City! Carlsbad !state! CA ! Zio! 92008 Nearest Cross Street I Faraday Ave & Whitman Way I Assessor's Parcel # j 212-271-03-00 I Building ;..P.:em,:.:.:..::.it:...::_#~!======: Applicant / Company Namel City of Carlsbad I Phone ~ 442-339-2~5-39 ___ ~ Applicant Addres~ 1200 Carlsbad Village Drive I Cityl Carlsbad State! CA ! Zip! 92008 I I (Include whether lndlvldual, partnership, corporation -Including Legal name to appear on contract City of Carlsbad . ~n Incorporated association, smte or Incorporation or LLC) Name of person authorized to sign._co_n-tra_ct_s--;:I =K=e=i=th=B=l=ac=k=b=u=m==========-------,I Title I Mayor Mailing address for contract I 1200 Carlsbad Village Drive I City ! Carlsbad Stat CA Zipl 92008 Primary Contact Information (primary person relaying 1nformat1on between applicant and SDG&E representative) Name of Primary Contact Yi Su Company I City of Carlsbad Phone# l 442-339-2539 I Cell#! 442-372-1679 I Email I yi.su@carlsbadca.gov Mailing Address I 3096 Harding Street 'Ci Carlsbad State! CA IZipl 92008 Construction Information Maximum Power Level for each EVSE: I 6,656 W ';:::========== !RI No D Yes I Number of Charging Ports Required: !.__ ____ 8 ____ ~ Will existing SDG&E electric overhead facilities require undergrounding? If yes, date needed: Will any existing SDG&E gas or electric facilities require relocation or removal? No O Yes .... --------~ Are you planning on installing any self-generation equipment (photo voltaic or wind generation)? No O Yes Operating Information Type of Building (Office, Restaurant, Manufacturing, School, Shell, etc.) I Public park surface parking lot Operating Hours QD Hours/day u::J DaysAYeek. Dally Ope,..._ra_t-ing-"'"H-rs7: l =8=71 a--m7 ! =1~0~I-P-m-Pro_po_s_ed_a_nn_u_a_l k-WH--U-sa_g_e--;:! =40=,=o=oo==: Load Information (If multiple bu1ld1ngs. please provide separate gas and electric load ,nforrnat1on for each bu1ld1ng) IMPORTANT NOTE: Do NOT Install your electric main switch until the meter location Is approved by SDG&E. New Main Switch Size (Service Termination Enclosure)! 400A I Voltage: (select one) . . ~120/240 Volt, 3-wire, 10 240/120 Volt, 4-wire, 30 O 208/120 Volt, +wire, 30 480/277 Volt, 4-wire, 30 Primary voltage(> 480 Volts) Other (specify) Customer Information What is type of site (workplace, fleet, MUD, etc.):_P_u_b_lic_pa_r_k_s_u_rfa_c_e_p_a_rk_i_n_g_lo_t ___________________ _ Is charging publicly accessible, shared, or private: __ P_u_b_lic_ly_ac_c_e_s_si_b_le ______________________ _ Is site located in a disadvantaged community (DAC), another designated under-served community location (if so, which), or neither. No Is customer participating in another SDGE incentive/infrastructure program: __ N_o ___________________ _ Is site at a garage, a surface parking lot installation, or other (must explain "other"):_S_u_rf_a_c_e_p_a_rk_in_g_lo_t __________ _ Will site primarily service light, medium, or heavy-duty or off-road EVs, or a mix:. __ M_e_d_iu_m ________________ _ Other Comments:. _________________________________________ _ Applicant represents and warrants that it is the owner or authorized agent of the proposed site and has the authority to bind itself to undertake and perf~nn each and every obligation required of Applicai •r11 A 11 -- Print Name: Keith Blackbum Signature: _J.L:..[YV.....,... Dat /"2-o1"2-o24.] Nov. 19, 2024 ·----fP'-L.--------.IT""te-m--,.,# ... 2--Page 7of1~ sos/' ..,,JE Rule 45 Electric Vehicle Infrastructure Application ~~SempraEne.rgy"1ilil'f'" Residential Multi-Unit Dwelling/ Commercial/ Industrial Development Please complete and submit this request along with the REQUIRED plans to the applicable SDG&E Project Management office. Project Information D Electric Overhead Service D Electric Underground Service Date Initial service needed l 8/21/2026 ====:-----;===~ ProjectAddress/Locationjveterans Memorial Park, South parking lot I City[cari"sbad !state! CA l Ziol 92008 Nearest Cross Street I Faraday Ave & Whitman Way jAssessor's Parcel# I 212-271-03-00 I Building ;...P~enn=it....:#.:......::I =========: Applicant I Company Name! City of Carlsbad I Phone #j 442-339-2539 AppllcantAddressj 1200 Carlsbad Village Drive I Cityj Carlsbad State! CA ! Zip[g2"o:mc:J I I (Include whether Individual, partnership, corporation -Including Legal name to appear on contract City of Carlsbad . •n Incorporated auoclatton, state of Incorporation or LLC) Name or person authorized to sign-co-nt_ra_ct_s~l;:::::K=e=it=h=B=la=c=k=b=u=m===========------.... , TIiie I Mayor Malling address rorcontract ! 1200 Carlsbad Village Drive I City j Carlsbad Stat~ CA Primary Contact Information (primary person relaying 1nformat1on between applicant and SOG&E representative) Name or Primary Contactj Yi Su Phone # I 442-339-2539 Mailing Address I 3096 Harding Street Construction Information I Cell #j 442-372-1679 !Company I City of Carlsbad l Email I yi.su@carlsbadca.gov jCi Carlsbad Statej CA !Zip ! 92008 Number of Charging Ports Required:! .... _____ 6 ____ __, Maximum Power Level for each EVSE: I 6,656 W ! IR] No O Yes :=I===============:, Will existing SDG&E electric overhead facilities require undergrounding? If yes, date needed:,_ ________ _, Will any existing SDG&E gas or electric facilities require relocation or removal? No D Yes • Are you planning on Installing any self-generation equipment (photo voltaic or wind generation)? No O Yes Operating Information Type of Building (Office, Restaurant, Manufacturing, School, Shell, etc.) Public park surface parking lot Operating Hours DI] Hours/day [D Days/Week. Daily Op,_e_ra_t-ing---'-H_rs_:l'l =8=9l'a"-m--p~1~0~-pm_P_ro_po_s_ed_a_nn_u_a_l k-WH--U-sa_g_e_l;::~=o=,=oo=o==! Load Information (If multiple bu1ld111gs please provide separate gas and electric load 111formallon for each bu1ld11191 IMPORTANT NOTE: Do NOT Install your electric main switch until the meter location Is approved by SOG&E. New Main Switch Size (Service Termination Enclosure) I 200A I Voltage: (select one) . . 12012◄0 Volt, 3-wire, 10 2401120 Volt, ◄-wire, 30 2081120 Volt, 4-wire, 30 ◄8012TT Volt, ◄-wire, 30 Primary voltage(> ◄80 Volts) O Other (specify) Customer Information What is type of site (workplace, fleet, MUD, etc.): Public park surface parking lot ------------------------------- Is charging publicly accessible, shared, or private: __ P_u_b_lic_ly_ac_c_e_s_si_b_le ______________________ _ Is site located in a disadvantaged community (DAC), another designated under-served community location {if so, which), or neither. No Is customer participating in another SDGE incentive/infrastructure program: __ N_o ___________________ _ Is site at a garage, a surface parking lot installation, or other (must explain ·otherj:_S_u_rf_a_ce_p_a_rk_in_g_lo_t __________ _ Will site primarily service light, medium, or heavy-duly or off-road EVs, or a mix: __ M_e_di_u_m ________________ _ Other Comments: _________________________________________ _ Applicant represents and warrants that it is the owner or authorized agent of the proposed site and has the authority to bind itself to undertake and perform each and every obligation required of A~'f-A. / Print Name: Keith Blackbum Signature: l (/\ vv _. Nov. 19, ----------...,,t,...,e-m---,,# .... 2-- SDGE™ AGREEMENT TO PERFORM RULE 45 TARIFF SCHEDULE RELATED WORK Attachment B f City of Carlsbad) (Applicant) has requested SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG&E), to perform the tariff schedule related work in accordance with Electric Rule 45 and as located and described in paragraph 6 herein. SDG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials, and related facilities required therefore, subject to the following conditions: 1.Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to SDG&E and without cost to it. 2. Applicant shall indemnify and hold harmless SDG&E, its officers, agents and employees, against all loss, damage,expense and liability resulting from injury to or death of any person, including but not limited to, employees of SDG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limitedto property of SDG&E, Applicant or any third party, arising out of or in any way connected with the performance ofthis Agreement but only in proportion to and to the extent such liability, loss, attorneys' fees, and expenses werecaused by or result from the negligent or intentional acts or omissions of the Applicant, its officers, employees oragents. Applicant will pay all costs that may be incurred by SDG&E in enforcing this indemnity, including reasonableattorneys' fees. 3.The Applicant must activate the initial agreed upon quantity of charging stations within 30 business days after service point energization by SDG&E (aka: DRS or Date Ready for Service). The Applicant must provide written confirmation to SDG&E once additional Charging Stations are installed. Due to any unforeseen financial or material lead time impact, the installation date of future chargers may be modified within the five-year contract term, subject to mutual agreement between SDG&E and the Applicant. 4.The Applicant understands that they are responsible for funding and executing the operation and maintenance of the charging stations for a minimum of 5 years from the DRS date. Applicant must remedy any charging station maintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these terms may, at utility's discretion, result in discontinuation of service. In the event of discontinuation of service, Applicantshall reimburse utility's costs. If any of the charging stations are not in working condition for one year Applicant shall reimburse all utility costs incurred under this Rule to the utility, subject to utility's knowledge. 5.At the start of DRS, Applicants will be enrolled as a default in the then available commercial time-variant electricvehicle ('EV") rate offered by SDG&E, unless otherwise agreed to by the Parties. 6.The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by SDG&E. If more space is required, use other side, and attach any necessary drawings as Exhibits A, B, C, etc.): LOCATION: Faraday Ave & Whitman Way, Veterans Memorial Park North Parking Lot, Carlsbad, CA 92008 DESCRIPTION OF WORK: Design and construct the electrical infrastructure for park amenities and public EV charging stations. 7.In addition to any other amounts that may be due from Applicant, the Applicant agrees to pay an application fee of $2,500 to initiate the project and perform a load study. Upon receipt of payment, SDG&E will assign the project to adesignated Project Manager and a Utility Design Team. The Project Manager will coordinate the specifics of the projectwith Applicant and coordinate the timeline. The application fee will be nonrefundable, except that if the project achievesenergization, SDG&E will apply the application fee to project costs payable by Applicant and return any unused amountto Applicant. Nov. 19, 2024 Item #2 Page 9 of 13 SDGE™ AGREEMENT TO PERFORM RULE 45 TARIFF SCHEDULE RELATED WORK a Data Collection and Use. Applicant shall support the data collection requirements of Rule 45. Data collection requirements will conform with the requirements of the California Public Utilities Commission ("CPUC") and Data Reporting template to be provided. Applicant hereby expressly consents to the use and disclosure, by SDG&E, its agents and representatives, of data gathered as part of Rule 45 for use in regulatory reporting, industry forums, case studies or other similar activities. 9. Upon completion of requested work, ownership shall vest to SDG&E and Applicant as set forth in Rule 45. 10. Applicant acknowledges and agrees that SDG&E Is regulated by the CPUC, and that this Agreement is governed by SDG&E's applicable electric and gas rules approved and on file with the CPUC, which can be found on SDG&E's website at www.sdge.com under the category "Rates & Regulations·. SDG&E electric and gas rules apply to all facets of SDG&E's business including without limitation, rates for services, types of services that may be performed, allocation of subsidies, and standards for equipment. Applicant agrees to accept any changes to the Agreement resulting from any changes or modifications to SDG&E's electric and gas rules, including without limitation, SDG&E Electric Rules 15, 16, 20, and 45, and orders of or decisions by the CPUC. 11. If the Applicant fails to comply with any of the above requirements, including but not llmited to Section 4, as reasonably determined by SDG&E, SDG&E may terminate this Agreement and discontinue service. In addition, SDG&E may pursue reimbursement of SDG&E's costs, including without limitation, engineering and design costs, and any costs associated with the deenergizing and removal of the utility-side EV Infrastructure. This Agreement is effective when accepted and executed by SDG&E. Mailing Address: City of Carlsbad Applicant Keith Blackbum Signature Mayor Tille Date 1200 Carlsbad Village Drive Carlsbad, CA 92008 APPROVED AS TO FORM Cindie K. McMahon, City Attorney u y bad, California Nov. 19, 2024 SAN DIEGO GAS & ELECTRIC COMPANY Authorized by (Print) Signature Tille Date Item #2 Page 10 of 13 SDGE™ AGREEMENT TO PERFORM RULE 45 TARIFF SCHEDULE RELATED WORK I City of Carlsbad] (Applicant) has requested SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG&E), to perform the tariff schedule related work in accordance with Electric Rule 45 and as located and described in paragraph 6 herein. SDG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials, and related facilities required therefore, subject to the following conditions: 1.Whenever part or all of the requested work is to be furnished or performed upon property other than that ofApplicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a formsatisfactory to SDG&E and without cost to it. 2 Applicant shall indemnify and hold harmless SDG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of SDG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of SDG&E, Applicant or any third party, arising out of or in any way connected with the performance of this Agreement but only in proportion to and to the extent such liability, loss, attorneys' fees, and expenses were caused by or result from the negligent or intentional acts or omissions of the Applicant, its officers, employees or agents. Applicant will pay all costs that may be incurred by SDG&E in enforcing this indemnity, including reasonable attorneys' fees. 3.The Applicant must activate the initial agreed upon quantity of charging stations within 30 business days afterservice point energization by SDG&E (aka: DRS or Date Ready for Service). The Applicant must provide writtenconfirmation to SDG&E once additional Charging Stations are installed. Due to any unforeseen financial ormaterial lead time impact, the installation date of future chargers may be modified within the five-year contractterm, subject to mutual agreement between SDG&E and the Applicant. 4.The Applicant understands that they are responsible for funding and executing the operation and maintenance of the charging stations for a minimum of 5 years from the DRS date. Applicant must remedy any charging station maintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these terms may, at utility's discretion, result in discontinuation of service. In the event of discontinuation of service, Applicant shall reimburse utility's costs. If any of the charging stations are not in working condition for one year Applicant shall reimburse all utility costs incurred under this Rule to the utility, subject to utility's knowledge. 5.At the start of DRS, Applicants will be enrolled as a default in the then available commercial time-variant electric vehicle ('EV") rate offered by SDG&E, unless otherwise agreed to by the Parties. 6.The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by SDG&E. If more space is required, use other side, and attach any necessary drawings as Exhibits A, B, C, etc.): LOCATION: Faraday Ave & Whitman Way, Veterans Memorial Park South Parking Lot, Carlsbad, CA 92008 DESCRIPTION OF WORK: Design and construct the electrical infrastructure for park amenities and public EV charging stations. 7.In addition to any other amounts that may be due from Applicant, the Applicant agrees to pay an application fee of $2,500 to initiate the project and perform a load study. Upon receipt of payment, SDG&E will assign the project to adesignated Project Manager and a Utility Design Team. The Project Manager will coordinate the specifics of the project with Applicant and coordinate the timeline. The application fee will be nonrefundable, except that if the project achieves energization, SDG&E will apply the application fee to project costs payable by Applicant and return any unused amount to Applicant. Nov. 19, 2024 Item #2 Page 11 of 13 SDGE'" AGREEMENT TO PERFORM RULE 45 TARIFF SCHEDULE RELATED WORK a Data Collection and Use. Applicant shall support the data collection require,:nents of Rule 45. Data collection requirements will conform with the requirements of the California Public Utilities Commission ("CPUC") and Data Reporting template to be provided. Applicant hereby expressly consents to the use and disclosure, by SDG&E. its agents and representatives, of data gathered as part of Rule 45 for use in regulatory reporting, industry forums, case studies or other similar activities. 9. Upon completion of requested work, ownership shall vest to SDG&E and Applicant as set forth in Rule 45. 10. Applicant acknowledges and agrees that SDG&E is regulated by the CPUC, and that this Agreement Is governed by SDG&E's applicable electric and gas rules approved and on file with the CPUC, which can be found on SDG&E's website at www.sdge.com under the category "Rates & Regulations". SDG&E electric and gas rules apply to all facets of SDG&E's business including without limitation, rates for services, types of services that may be performed, allocation of subsidies, and standards for equipment. Applicant agrees to accept any changes to the Agreement resulting from any changes or modifications to SDG&E's electric and gas rules, including without limitation, SDG&E Electric Rules 15, 16, 20, and 45, and orders of or decisions by the CPUC. 11. If the Applicant falls to comply with any of the above requirements, including but not limited to Section 4, as reasonably determined by SDG&E, SDG&E may terminate this Agreement and discontinue service. In addition, SDG&E may pursue reimbursement of SDG&E's costs, including without limitation, engineering and design costs, and any costs associated with the deenergizing and removal of the utility-side EV infrastructure. This Agreement Is effective when accepted and executed by SDG&E. City of Carlsbad Applicant rf;, Keith Blackbum ~d by (Print) Signature Mayor Title Date Malling Address: 1200 Carlsbad Village Drive Carlsbad, CA 92008 APPROVED AS TO FORM Cindie K McMahon, City Attorney .8y_; Nov. 19,2024 SAN DIEGO GAS & ELECTRIC COMPANY Authorized by (Print) Signature ntle ate Item #2 Page 12 of 13 Ex h i b i t 2 No v . 1 9 , 2 0 2 4 It e m # 2 P a g e 1 3 o f 1 3 WHITMAN \ ('cicyof Carlsbad \ )\ Parks & Recreation Department ---- •• MDESIGN GROUP 31591 Camino Capistrano San Juan Capistrano, CA 92675 www.RJMdesigngroup.com 1949] 493-2690 fax [949] 493-2600 phone ------------ HABITAT MANAGEMENT PLAN PRESERVE AR.EA IO• HABITAT ANA0EMEN I PLAN PRESERVE AR.EA 0 0 --- () <'I () 0 ---- 0 \ HABITAT MANAGEMENT PLAN PRESERVE AR.EA ---------7 14 ' // // I I I I I I I I I I I I I I I L HABITAT MANAGEMENT PLAN PRESERVE AR.EA 0 I I PARK AREAS LEGEND 0 VETERANS MEMORIAL PLAZA 0 C.OMMUNITY GATHERING AREA 0 61.JILDING (2,0005f) Hith PAVILION, \:::.,I RESTROOM, 4 C.ATERING SUPPORT ROOM © PLAY AREAS @ INc.LUSIVE PLAYGROUND § RUSTIC., NATURE-INSPIRED PLAYGROUND @ YOUNG KIDS PLAYGROUND © YOGA 4 PASSIVE RELAXATION AREA 0 NATIVE GARDENS 0 P IC.NIC. AREAS 0 ADA PATHWAY lj\ NORTH PARKING AREA \::..I (12 TOTAL STALLS, 12 ADA) 0 HATER QUALITY TREATMENT AREAS 0 PU6LIC. ART HABITAT MANAGEMENT PLAN PRESERVE AR.EA (0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 INTERPRETIVE GARDEN RESTROOM (1,200,sP) FAMILY-ORIENTED 6 IKE PARK MUL Tl-GENERATIONAL OUTDOOR F ITNESS AREA OUTDOOR EDUC.A TION AREA SOUTH PARKING AREA (B1 TOTAL STALLS, 2 ADA) FITNESS CLIM6 FITNESS RUN ENTRY PLAZA TO 6 IKE PARK DESAL REC.EIVER PIT EXISTING SUS STOP HITH NEH LANDING PAD 4 SENC.H MAINTENANCE AREA OVERLOOK AREA B IKE PARK SPECTATOR AREA FARADAY AVENUE UNDERGROSSING CONSTRUCTION LEGEND 0 0 0 0 0 0 0 0 0 @ 0 @ @ e CONS TRUc-T, INTERNAL PATHWAY (PERMEABLE) C.ONCRETE SIDEWALK (VEHICULAR RATED) F ITNESS RUN (e,' HIDE, PERMEABLE) DEC.ORATIVE CONC.RETE DEC.ORATIVE PAVING RESILIENT SURFACING (PERMEABLE) VEHICULAR ASPHALT DRIVE AISLES VEHICULAR PARKING STALLS (ASPHALT PAV ING) BIKE PARK 5URFAC.E (DIRT TRACK MIX) RETAINING HALLS PROPOSED MONUMENT SIGN (SY SEPARATE PERMIT) C.ONTROLLED PARK ACCESS POINTS (DECORATIVE PAVING W CONC. SAND) MULTI-USE PERIMETER TRAIL CONC.RETE SIDEWALK (NON-VEHIC.ULAR) BOUNDARY LEGEND --------20 ' HABITAT 61.JFFER 20 ' ----- -----HABITAT MANAGEMENT PLAN BOUNDARY O ' SO' 100' 200 ' --- EXHIBIT A -SITE PLAN VETERANS MEMORIAL PARK MASTER PLAN AUGUST 9, 2022