HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2023-03-16;AGREEMENT TO PERFORM RULE 45 TARIFF SCHEDULE RELATED WORK
(City of Carlsbad j (Applicant) has requested SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation(SDG&E), to perform the tariff schedule related work in accordance with Electric Rule 45 and as located and described in paragraph 5 herein.
SDG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:
1.Whenever part or all of the requested work is to be furnished or performed upon property other than that ofApplicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a formsatisfactory to SDG&E and without cost to it.
2.Applicant shall indemnify and hold harmless SDG&E, its officers, agents and employees, against all loss,damage, expense and liability resulting from injury to or death of any person, including but not limited to,employees of SDG&E, Applicant or any third party, or for the loss, destruction or damage to property, including,but not limited to property of SDG&E, Applicant or any third party, arising out of or in any way connected with theperformance of this Agreement but only in proportion to and to the extent such liability, loss, attorneys' fees, andexpenses were caused by or result from the negligent or intentional acts or omissions of the Applicant, itsofficers, employees or agents. Applicant will pay all costs that may be incurred by SDG&E in enforcing thisindemnity, including reasonable attorneys' fees.
3.The Applicant must activate the initial agreed upon quantity of charging stations within 30 business days afterservice point energization by SDG&E (aka: DRS or Date Ready for Service). The Applicant must provide writtenconfirmation to SDG&E once additional Charging Stations are installed. Due to any unforeseen financial ormaterial lead time impact, the installation date of future chargers may be modified within the five-year contractterm, subject to mutual agreement between SDG&E and the Applicant.
4.The Applicant understands that they are responsible for funding and executing the operation and maintenance ofthe charging stations for a minimum of 5 years from the DRS date. Applicant must remedy any Charging Stationmaintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these termsmay, at utility's discretion, result in discontinuation of service. In the event of discontinuation of service, Applicantshall reimburse utility's costs. If any of the Charging Stations are not in working condition for one year, Applicantshall reimburse all utility costs incurred under this Rule to the utility, subject to utility's knowledge.
5. At the start of DRS, Applicants will be enrolled as a default in the then available commercial time-variant electricvehicle ("EV") rate offered by SDG&E, unless otherwise agreed to by the Parties.
6.The location and requested work are described as follows: (Describe in detail the materials and facilities to befurnished and/or work to be performed by SDG&E. If more space is required, use other side, and attach anynecessary drawings as Exhibits A, B, C, etc.).
LOCATION: 3021 State Street, Carlsbad, CA 92008
DESCRIPTION Of WORK: Connect to D221296, trench, conduit & wiring to new 3-phase 277/480V transformer & meter
7.If the Applicant fails to comply with any of the above requirements, including but not limited to Section 4, asreasonably determined by SDG&E, SDG&E may terminate this Agreement and discontinue service ordeenergize the EV infrastructure. In addition, SDG&E may pursue reimbursement of the costs incurred inconnection with deploying the utility side EV infrastructure, including engineering design fees, and any costsassociated with the removal of the utility-side EV infrastructure.
8.Data Collection and Use. Applicant shall support the data collection requirements of Rule 45. Data collection
requirements will conform with the requirements of the California Public Utilities Commission and Data Reportingtemplate to be provided. Applicant hereby expressly consents to the use and disclosure, by SDG&E, its agents
and representatives, of data gathered as part of Rule 45 for use in regulatory reporting, industry forums, casestudies or other similar activities.
9.Upon completion of requested work, ownership shall vest to SDG&E.
AGREEMENT TO PERFORM RULE 45
TARIFF SCHEDULE RELATED
WORK
City Manager
Title
SAN DIEGO GAS & ELECTRIC COMPANY
Authorized by (Print)
Signature
Title
Date