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Home My WebLink About2022-01-11; City Council; ; Authorize Agreement with San Diego Gas & Electric to Participate in Power Your Drive for Fleets’ Make-Ready Infrastructure ProgramMeeting Date: Jan. 11, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Bradley Northup, Public Works Superintendent Bradley.Northup@carlsbadca.gov, 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 Replacement Fund for the charging equipment. Executive 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 purchase 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 process 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, approve granting any associated easements to SDG&E for electric infrastructure, authorize expansion of the scope of the Fleet Fuel Island Capital Improvement Program Project and appropriate $100,800 for purchase and installation of the required charging equipment. Jan. 11, 2022 Item #7 Page 1 of 38 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 Jan. 11, 2022 Item #7 Page 2 of 38 • 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 Item #7 Page 3 of 38 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 Jan. 11, 2022 Item #7 Page 4 of 38 • 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. Jan. 11, 2022 Item #7 Page 5 of 38 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 Jan. 11, 2022 Item #7 Page 6 of 38 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 Jan. 11, 2022 Item #7 Page 7 of 38 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. Jan. 11, 2022 Item #7 Page 8 of 38 soq[ 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 COMP ANY, 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 r~bate . 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 of up 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:. V2.2_06Jul21 1 Jan. 11, 2022 Item #7 Page 10 of 38 soq[ A~ Sempra Energy atility0 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: [21 Program Participant elects SDG&E to design, install, and operate the Customer-Side Make- Ready Infrastructure. D Program Participant elects to Self-Install the Customer-Side Make-Ready Infrastructure Option. * Addendum 1: Self-Installed Customer-Side Infrastructure Addendum sets forth 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 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 Q42023 Q4 2023 Q2 2024 Q4 2024 Q2 2025 Q4 2025 V2.2_06Jul21 Vehicle Acquisition Plan Vehicle Year/Make/Model EV VAN -CLASS 2B EV TRUCK -CLASS 2 EV VAN -CLASS 2B EV VAN or TRUCK-CLASS 2B EV VAN or TRUCK -CLASS 3 or higher EV VAN or TRUCK-CLASS 2B EV TRUCK -CLASS 3 or higher 2 Vehicle Count 2 2 2 5 1 3 1 Jan. 11, 2022 Item #7 Page 11 of 38 soq[ A ~ Sempra Energy utility• Q2 2025 EV TRUCK -CLASS 3 or higher 1 Q2 2026 EV VAN or TRUCK-CLASS 2B 1 Q2 2027 EV VAN or TRUCK -CLASS 2B 8 V2 .2_06Jul21 3 Jan. 11, 2022 Item #7 Page 12 of 38 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 ' -------- EVSE-Mfr/Mode-1 - Est Network 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. V2.2 06Jul21 4 Jan. 11, 2022 Item #7 Page 13 of 38 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. V2.2_06Jul21 6 Jan. 11, 2022 Item #7 Page 15 of 38 \ 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 bradley.northup@carlsbadca.gov 760-602-2400 x3186 Designated Backup Contact Person for Operations (Name, Email, Phone #) Paz Gomez, Deputy City Manager -Public Works paz.gomez@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 P<!rt 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 16 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 17 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 18 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 19 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 20 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 paz.gomez@carlsbadca.gov 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 cfaretta@sdge.com Annamay Luyun 8306 Century Park Court, CP41F, San Diego, CA 92123 aluyun@sdge.com 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 Jan. 11, 2022 Item #7 Page 21 of 38 on behalf of Program Participant. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement. PROGRAM PARTICIPANT: SAN DIEGO GAS & ELECTRIC COMP ANY Signature & Date: Signatur.e & Date: ~ ~t X Chris Faretta Clean Transportation Proqrams Manaqer APPROVED AS TO FORM Celia A. Brewer. City Attorney ~~~----------DEFINITIONS By: _____ .....----__ Asst/Deputy City Attorney · fC rl bad CA • Approved Product List (AP'ct: ~he 'ii~ of EVSEqualified 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 Infra,structure: This includes the EVSE purchased and installed by the Program Participant pursuant to this Agreement; and the Customer-Side .Ma.ke-Ready, if the Program Participant elects the Self-Install Customer-Side Malm-Ready option .. • Customer-Side Malce:..Ready: The Customer-Side Make-Ready Infrastru,cture includes an Infrastructure from the utility meter up to the first point of interconnection with the EVSE. Make-Ready, as defined herein, does NOT incluq.e 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, opetate, and repair any Utility-Owned Infrastructure. V2.2_06Jt.:d21 13 Jan. 11, 2022 Item #7 Page 22 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 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 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 often (10) years from the In-Service date. V2.2_06Jul21 14 Jan. 11, 2022 Item #7 Page 23 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 Jan. 11, 2022 Item #7 Page 24 of 38 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 – CPA01 SPACE ABOVE FOR RECORDER'S USE Project No.: 3-393337Notif. No.: 3-393485A.P.N.: 209-050-26 Transfer Tax None SR No.: 473925 SAN DIEGO GAS & ELECTRIC COMPANY _____________________________________ RW 372941 EASEMENT CITY OF CARLSBAD, A MUNCIPAL 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 transmissionand 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 convenient 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. Exhibit A Jan. 11, 2022 Item #7 Page 25 of 38 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. PARCEL B: 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 Grantor 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 of review. 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. Jan. 11, 2022 Item #7 Page 26 of 38 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 Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY IDGH VOLTAGE 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 ·,20 --------------- CITY OF CARLSBAD, A MUNCIPAL CORPORATION By: 11(4Jl1l Name: MATT//Au PRINT NAME Title: __ l(/1~~8-Yi-~-,g_ _________ _ Drawn: BCorbilla. Checked:(!)1t& Date: 10/6/2021 Site No: MD190021 Site Name: City of Carlsbad T:landServices:NonRecords:NewBusiness: Rev. -3- 810236S 1 Jan. 11, 2022 Item #7 Page 27 of 38 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 BillLARGE MEDIUM-DUTY EV DEPOTUtilizing 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 O-P eak M–F: 6am–4pm; 9pm–12am Weekends & Holidays: 2pm–4pm; 9pm–12am Super O-P eak 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 9/09/2021DGESan Diego Gas & ElectricSempraEnergyAutilityS61SCOTT THOMPSON(858) 650-41550DOMINIC LEACH300000393337300000393485SCALENTSMD190021 CIT< 2) CARLSBAD2480 IMPALA DRIVE, CARLSBAD, CA 92010CIRCUIT 586UG_C586_00010EAM 15585-120300PROJECT ADDRESS: 2480 IMPALA DRIVE, CARLSBAD, CA 92010TTPT PT HTTT1432CTREFERENCE STRUCTUREH35604687943315, 3-4REFERENCE STRUCTURE586-591-150 HNSD35641687911000 J AL 3ØCN 800'[TO D3558068767]C586 1000 J AL 3ØCN 300'REFERENCE STRUCTUREH35634687773315, 3-TREFERENCE STRUCTURE586-23P813247C586 1000 J AL 3ØCN 200'C586 2/0 J AL 3ØCN 381'C586 2/0 J AL 3ØCN 205'1000A1000A[TO H104872][TO H3560168830]C586 2/0 J AL 3ØCN 556'C586 2/0 J AL 3ØCN 368'5INS: 586-3771-2000 HNSD239561REFERENCE STRUCTURE586-581-75 HZBD104937INS: C586 2/0 J AL 3ØCN 173'4#2 J AL 3ØCN 125'C586 2/0 J AL 3ØCN 381'5SITEINS: 3Ø FUSE CAB3-150AD2395603EX. D162768CMPT 1 586-40CMPT 2 586-41CMPT 3 3-140ACMPT 4 586-421EX. H35619687903315INS: C586 2/0 J AL 3ØCN 266'2Exhibit 3Jan. 11, 2022Item #7 Page 32 of 38 9/09/2021DGESan Diego Gas & ElectricSempraEnergyAutilityS62SCOTT THOMPSON(858) 650-41550DOMINIC LEACH3000003933373000003934850SCALE20'MATCHLINE "A" - SEE SHEET 3MD190021 CIT< 2) CARLSBAD2480 IMPALA DRIVE, CARLSBAD, CA 92010EX. D162768CMPT 1 586-40CMPT 2 586-41CMPT 3 3-140ACMPT 4 586-421INS: 1 - 4" PRIINS: C586 2/0 J AL 3ØCN 266'[TO D239560, FROM D162768 CPMT 4]2EX. C586 1000CJ AL 3ØCN 300'EX. C586 2/0 J AL 3ØCN 381'5SITEEX. C586 2/0 J AL 3ØCN 205'EX. C586 1000 J AL 3ØCN 200'PT TO P813247FENCEEX. H356196879033151D16276842"CMPT 1CMPT 4CMPT 3CMPT 231"INS: 1-4" DUCTINS: C586 2/0 J AL 3ØCN 266'[TO D239560]EX. C586 1000 J AL 3ØCN 200'[PT H3561968790, A1, TO P981247]EX. C586 2/0 J AL 3ØCN 205'[TO H3560468794, D1]EX. C586 1000 J AL 3ØCN 300'[PT H3561968790, B2 ,TOH356346877]2Jan. 11, 2022Item #7 Page 33 of 38 9/09/2021DGESan Diego Gas & ElectricSempraEnergyAutilityS63SCOTT THOMPSON(858) 650-41550DOMINIC LEACH3000003933373000003934850SCALE20'MATCHLINE "B" - SEE SHEET 4MD190021 CIT< 2) CARLSBAD2480 IMPALA DRIVE, CARLSBAD, CA 92010INS: 3421INS: 3Ø FUSE CAB3-150AD2395603INS: 1 - 4" PRIINS: C586 2/0 J AL 3ØCN 241'[TO D239561, FROM D239560]4EX. 586-591-150 HNSD35641687915SITEMATCHLINE "A" - SEE SHEET 2EX. C586 2/0 J AL 3ØCN 381'EX. C586 #2 J AL 3ØCN 125'EX. C586 1000CJ AL 3ØCN 300'PARKING LOTFENCEINS: 1 - 4" PRIINS: C586 2/0 J AL 3ØCN 266'[TO D239560, FROM D162768 CPMT 4]2Jan. 11, 2022Item #7 Page 34 of 38 9/09/2021DGESan Diego Gas & ElectricSempraEnergyAutilityS64SCOTT THOMPSON(858) 650-41550DOMINIC LEACH3000003933373000003934850SCALE20'MD190021 CIT< 2) CARLSBAD2480 IMPALA DRIVE, CARLSBAD, CA 920105SITEMATCHLINE "B" - SEE SHEET 3INS: 3427INS: 586-3771-2000 HNSD239561INS: 4000A SWITCH BOARD277/480V, 3Ø, 4W, 30KAIC75INS: 1 - 4" PRIINS: C586 2/0 J AL 3ØCN 241'[TO D239561, FROM D239560]4INS: 10 - 5" 45'INS: (5) 3-1000, 1-750 600V 65'6BUILDING10181920212212INS: 5 - 1 1/2"STUB 5' AWAY FROMMEDIAN FOUNDATION13INS: 1 - 1 1/2"STUB14INS: 5 - 1 1/2"STUB 5' AWAY FROMMEDIAN FOUNDATION15INS: 4 - 1 1/2"STUB 5' AWAY FROMMEDIAN FOUNDATION16INS: 5 - 1 1/2"STUB 5' AWAY FROMMEDIAN FOUNDATION8INS: 1 - 1 1/2"(50')INS: (3) #3 & (1) #6 (68')INS: 1 - 1 1/2"STUBINS: 1 - 1 1/2"STUBINS: 1 - 1 1/2"STUBINS: 1 - 1 1/2"STUBINS: 1 - 1 1/2"STUB17INS: 1 - 1 1/2"STUBINS: 1 - 1 1/2"(53')INS: (3) #3 & (1) #6 (71')9SITE HOST TO INSTALL1 - DC FAST CHARGER11SITE HOST TO INSTALL1 - DC FAST CHARGERJan. 11, 2022Item #7 Page 35 of 38 Quotation Driving a Better Way™ chargepoint.com \i2\ Sales Representative: Rebecca Boldan Quote Number: Q-158181-1 E-Mail: rebecca.boldan@chargepoint.com 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 Page 1 of 3 Exhibit 4 Jan. 11, 2022 Item #7 Page 36 of 38 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 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 All Receive -Ag!!nd.i Item# i For the Information of the: CITY COUNCIL Date l / 11122. CA ..u'_ CC _u CM-_LACM ~CM(3)~ 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 sos/· .,.,,,/£ A a' Sempra Energy utilit/ 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 REBATE: V2.2 06Jul21 1 Q2 2025 EV TRUCK -CLASS 3 or higher Q2 2026 EV VAN or TRUCK-CLASS 2B Q2 2027 EV VAN or TRUCK-CLASS 2B V2.2_06Jul21 3 sos/' ., •• /E A ~ Sempra Energy utilitl 1 1 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 f'~ -.-''Est' ... ·. 'Netvtor1<"·""'-1·-W' ,_.., ... ·. ~evsI -ivftr/iviodef · · · -. -· -,-_ i ~-... ,-'~/ Qty I .'· Delivery Provider (._ .. [).ate .. -"< ' . -~ .• 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. V2.2_06Jul21 4 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. V2.2_06Jul21 6 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 bradley.northup@carlsbadca.gov 760-602-2400 x3186 Designated Backup Contact Person for Operations (Name, Email, Phone#) Paz Gomez, Deputy City Manager-Public Works paz. gomez@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 actlv1tles. 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 3 0 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 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 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 paz.gomez@carlsbadca.gov 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 aluyun@sdge.com 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 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 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: SAN DIEGO GAS & ELECTRIC COMPANY Signature & Date: Signature & Date: X X Chris Faretta Clean Transportation Proqrams Manaqer DEFINITIONS • 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. V2.2_06Jul21 13 • 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 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 often (10) years from the In-Service date. V2.2_06Jul21 14 • 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 Company When recorded, mail to: San Diego Gas & Electric Company 8690 Balboa A venue San Diego, CA 92123-1569 Attn: Real Estate Records -CP AO 1 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 MUNCIPAL 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 convenient 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. -1-810236S I 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, Granter 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 Granter and Grantee's mutual agreement, Grantee will (i) remove Grantee's facilities from the Easement within a reasonable period of time, and (ii) upon Granter's request, furnish Granter 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. Granter 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. Granter 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, Granter 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 Granter'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 of review. 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: landServices:NonRecords:NewBus iness: 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 VOLTAGE 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 , 20 ----------------- Drawn: BCorbilla Checked: e»t-& Date: 10/6/2021 Site No: MD190021 CITY OF CARLSBAD, A MUNCIP AL CORPORATION By:--------------------- Name: -------------------PRINT NAME Title: -------------------- Site Name: City of Carlsbad T: /andServices:NonRecords: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. WITNESS my hand and official seal. (Signature of Notary Public) T: landServices: NonRecords: New Business: Rev. (Notary Seal) -4-810236S I EXHIBIT 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 paz.gomez@carlsbadca.gov 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 OVERVIEW424 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 OVERVIEWInitial Design & Agreement { City of Carlsbad PROJECT DESCRIPTIONProject Location { City of Carlsbad PROJECT DESCRIPTIONInitial Design I <1 "4. INS:5-1112"0 STUB 5' AWAY FROM 0 MEDIAN FOUNDATION .., 4 " INS: t -t 1/2150') l--:::7 INS: (3)#3&(1)1/il (ea·)L.1._ClJ SITE HOST TO INSTALL r:;-7 1-DC FASTCHARGER L.2.'.J -------.... -INS:3427~ . I NS: 586-377 L2_J q ,<'.l (?· 1-~~: ---4 , 0 J SITE HOST TO INST ALL r,;l · ~~ DC FAST CHARGER L'.:'.J INS: 1 -1 112"(53') Q INS: (3)#3 & (1) 1/il (71') ~ ·; I I . ·1 MA TCHLINE •s• -SEE SHEET 3 ' , INS: 1 -1 112" r:;;;7 STUB~ INS: 1 -1 112" r;;7 STUBL..'.J INS: 1-1112"r:;::;1 STUB L..::.J INS: 1-1112"Q STUB~ INS: 1 -1 112" r:::72 STUB~ INS: 1 -1 112" r-;l STUBL.::'.J I INS:1 -t112"r-;;;l STUBL..::J io7INS: 10-5"45' L.:.J INS: (5) 3-1000. 1-750 000V 65' Q INS:5-1112" L'..".J STUB 5' AWAY FROM MEDIAN FOUNDATION r:7 INS: 4000A SWITCH BOARD L'.'.J 277/400V, 30, 4W, 30KAIC Q INS:4-1112" L'..'.J STUB 5' AWAY FRCM MEDIAN FOUNDATION ~LNS:5-1112" L.::.J STUB fl 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