HomeMy WebLinkAboutItem 07 - Authorization to enter into a contract with PG&E to participate in the Electric Vehicle Fleet Program
Department Name: Transit
Cost Center: 5201
For Agenda of: November 17, 2020
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: AUTHORIZATION TO ENTER INTO A CONTRACT WITH PG&E TO
PARTICIPATE IN THE ELECTRIC VEHICLE FLEET PROGRAM
RECOMMENDATION
Authorize the City Manager to execute an agreement, once provided by PG&E, to participate in
the PG&E Electric Vehicle (EV) Fleet Program.
DISCUSSION
Senate Bill 350 directs the California Public Utilities Commission (CPUC) to address the single
largest emitting sector in the state's greenhouse gas (GHG) emissions inventory: transportation.
Specifically, the law declares that meeting the state's 2030 and 2050 GHG reduction goals will
require widespread transportation electrification. The law solidifies the role of utilities in
supporting transit electrification.
PG&E has demonstrated its commitment to accelerating widespread transit electrification and
supporting customer adoption of clean-fuel vehicles across all sectors and communities by
introducing its EV Fleet Program. The program supports on-road and off-road medium and
heavy-duty vehicles including support for public transit buses. By 2024, PG&E’s EV Fleet
Program goal is to help 700+ organizations convert to electric vehicles in their fleet operations.
The PG&E EV Fleet Program is funded through customer rates.
In compliance with CPUC requirements, participation in the PG&E EV Fleet Program requires a
purchase order for a minimum of two medium or heavy-duty electric vehicles. The EV Fleet
customers maintain the current business rate plans until their new Commercial EV Rate proposal
is approved by the CPUC.
To participate in PG&E’s EV Fleet Program, agencies must apply and be selected by PG&E.
The City has applied and been selected by PG&E to participate in the EV Fleet Program.
PG&E’s has already once before identified the City of San Luis Obispo’s bus yard electric fleet
infrastructure upgrade as a viable project, in early 2020. An invitation for the City to join the EV
Fleet Program and a draft agreement for participation in the Program was extended to the City,
included in Attachment A.
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Item 7
However, due to the need of addressing possible fleet expansion and solar arrays at the bus yard,
the City has sent PG&E revised locations for EV chargers. The City has received notice from
PG&E that a revised contract based on these new locations will likely be made available in late
November.
The revised contract is anticipated to be similar to the one previously offered and attached with
the exception to site locations for the charger units. Staff is asking Council that based on the
general similarities between the previously offered and attached contract with the pendi ng
contract, to authorize the City Manager to enter into the agreement if after evaluation it so
deemed advantageous for the City.
Previous Council or Advisory Body Action
On July 7, 2020, City Council approved the purchase of two electric transit buses, qualifying the
City to apply and participate in the PG&E EV Fleet Program.
Policy Context
Per City’s Financial Management Policy all contracts of this nature must receive Council
approval.
Participation in the PG&E EV Fleet Program is consistent with the Council’s adopted
sustainability goals of community carbon neutrality by 2035 and municipal operations carbon
neutrality by 2030. Additionally, participation in the program implements Climate Action Plan
Action Connected 4.1 (Develop a Transit Electronation Strategic Plan and Begin Implementing
in 2020).
Public Engagement
No public outreach was conducted in support of this agreement as this is considered an
administrative item. However, extensive outreach was conducted as part of the Climate Action
Plan process, which identified rapid implementation of an electric transit fleet as a foundational
action for achieving the community’s sustainability goals.
CONCURRENCE
The Office of Sustainability concurs with the recommendations of this report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State 0
Federal 0
Fees 0
Other: 0
Total 0 0 0
There is no cost to the City to participate in PG&E’s EV Fleet program. Participation in the
PG&E EV Fleet program provides 100% the towards the City upgraded infrastructure to support
the City’s future EV transit fleet. Any work that may incidentally lay outside of the project can
be covered by a $180,000 previously awarded Air Pollution Control District grant made to the
City to support electric vehicle infrastructure needs.
ALTERNATIVES
Deny participation in PG&E’s EV Fleet Program. The City Council could choose to deny
participation in PG&E EV Fleet program. Staff does not recommend this action as two EV
transit buses have been purchased and this action will provide the necessary charging
infrastructure to support the new buses.
Attachments:
a - PG&E invitation to join the EV Fleet Program and Contract No. FLEET000905190
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 1 of 15
Contract version revised 8.7.19
September 30, 2019
City of San Luis Obispo (SLO)
29 Prado Road
San Luis Obispo, CA 93401
RE: FLEET000905190
Dear Gamaliel Anguiano,
Congratulations! We are pleased to extend City of San Luis Obispo (SLO) an invitation to join PG&E’s EV
Fleet Electrification program. Upon your completion of the action items below, we will move your project into
the design phase and begin the engineering, design and construction plans for 29 Prado Road, San Luis
Obispo, CA 93401. Please note, future changes to the project scope may change your eligibility for the
program.
Included in this contract are the following items:
• Offer description
o Rebate and/or incentive description
o Preliminary design
• EV Fleet Program Terms and Conditions (“Contract”)
Immediate action items:
• Sign and return Contract
• Provide purchase order (as defined, below) for vehicles
By signing this Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and
acknowledge that:
• I agree to the minimum number of charging ports and charger location specified in the attached
preliminary design;
• Upon execution of this Contract, PG&E will begin incurring design fees and costs as my project moves
forward;
• If I withdraw from the program prior to the site being activated, then PG&E reserves the right to
recover all fees and costs incurred by it and its subcontractors after the execution of this Contract
including, but not limited to, design cost, site walk costs, etc.;
• PG&E will conduct a comprehensive design site walk;
• If the existing infrastructure or physical site or equipment is substantially different than anticipated or
described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to
both parties, but reserves the right to cancel my participation in the program;
• If I do not submit required documentation (signed easement; etc.) in a timely manner, then PG&E may
grant extensions by request but reserves the right to waitlist my application and/or cancel my
participation in the program; and
• My EV Charger meets the Safety Checklist requirements and has networking protocols. I agree to
ensure that EVSE network connectivity is in good condition for least five years from the date of
activation.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 2 of 15
Contract version revised 8.7.19
Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for
the Make-Ready Incentive option. PG&E will design, construct, own and maintain EV supply infrastructure to
the meter only. City of San Luis Obispo (SLO) will design, build, own, operate, and maintain the behind the
meter make-ready infrastructure, hereafter referred to as customer-owned make-ready infrastructure. PG&E
provides an incentive that is equal to the lesser amount of either 80% of the customer-owned make-ready
infrastructure costs or the incentive cap, as described below, on a per vehicle basis.
Along with the make-ready incentive option, you are eligible for a rebate of up to $180,000. Below is a
summary of the qualified allowance under the make-ready incentive:
EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure.
Vehicle type Incentive # of vehicles
Transit bus or Class 8
vehicle
$9k per vehicle 20 Transit Buses (Public Use)
Vehicle type (Total) Incentive (Total)
Total Lesser amount of either 80% of the customer-owned
make-ready infrastructure costs or the incentive cap,
as described above, on a per vehicle basis
20 Transit Buses (Public Use) x
$9,000 per vehicle = $180,000
Please note, in all instances, you will be responsible for procuring and installing all charging stations. PG&E
will not own and maintain any facilities installed by the customer and those facilities will be the responsibility of
the customer.
OR
PG&E Ownership option. PG&E will design, construct, own and maintain EV infrastructure including all work
to the base of the chargers.
EV Charger Rebate
You also qualify for a rebate of up to $264,000 capped at 50% of the purchase cost, for qualified EV Supply
Equipment (EVSE or “EV Charger”) for your fleet.
EVSE rebate
Applies to transit buses, school buses, or Premises in a Disadvantaged Community.
Power output Rebate # of EVSE
Up to 50 kW 50% of the cost of EVSE, up to $15,000 per
EVSE
12 Chargers
150 kW and above 50% of the cost of EVSE, up to $42,000 per
EVSE
2 Chargers
Power output (Total) Rebate (Total) Max Allowance (Total)
Up to 50kW 50% of cost, up to allowance 12 Chargers x $15,000 = $180,000
150 kW and above 50% of cost, up to allowance 2 Chargers x $42,000 = $84,000
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 3 of 15
Contract version revised 8.7.19
*As a reminder, to participate in the EV Fleet program, your EV Charger at a minimum must meet our
Safety Checklist requirements. In addition, to qualify for the above rebate, the EV Charger must at least
meet the following network communications requirements:
• Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device
and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the
Contractor Requirement section.
• After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL
return to its post-configuration state (i.e., SHALL persist communication and registration
configurations. This does not include continuing user sessions when authorization is required to start
a session).
• EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or
message- not user accessible).
Preliminary Design
Next Step:
Please note that you will need to provide a purchase order (PO) for a minimum of 2 vehicles for the Contract to
be counter-signed by PG&E. A PO is any documentation of clear intent to procure and deploy vehicles, e.g.
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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Contract version revised 8.7.19
budget approval, grant agreement, request for proposal results, governance-body mandated procurement and
deployment etc., in lieu of an actual purchase order provided by a seller.
We respectfully request that you return your signed contract as soon as possible. After we receive your signed
contract, I will introduce you to your Project Manager, who will lead you through the design and construction
process for your site.
Thank you for your participation in this exciting program! You’re taking an important step to support California’s
ambitious climate and air quality goals, and we appreciate that you’ve elected to work with PG&E to electrify
your fleet.
Please contact me if you have any questions.
Regards,
Dean
Dean Kunesh | Electric Vehicle Onboarding
Pacific Gas and Electric Company
415.238.9934 cell | Dean.Kunesh@pge.com
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 5 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:
Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California
Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.
EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include
but is not limited to cable, conductors, conduit, transformers and associated substructures from the utility distribution
system. Also referred to as “To The Meter” (TTM) infrastructure.
EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, this may
include an electrical panel, cable and conduit necessary to deliver power to the parking space. Also referred to as
“Behind The Meter” (BTM) infrastructure.
Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the
ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment
plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering
energy from the Premises wiring to the electric vehicle.
EVSE Package: EVSE hardware, software, and network services.
EV Service Provider (EVSP): A company that provides EV charging solutions to Site Host, including but not limited to
network services, billing, and customer support.
Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement
of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.
Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel
of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public
institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part
of and adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All
Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree
to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.
Rate Plan: The PG&E electric rate that Site Host pays for using EVSE. Detail on PG&E rates and eligibility criteria can
be found at www.pge.com/tariffs.
Site Host: The entity participating in the EV Fleet Program that owns, leases or manages the Premises where the EVSE
Packages are installed. The Site Host is also the customer of record for PG&E. Site Host will receive the bill for the
energy delivered to the EVSE Package.
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation
in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued
May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will
commence on the date Site Host’s EVSE Package becomes operational and will continue in effect for ten (10) years
thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Site Host in writing when
the EVSE Package becomes operational.
Ownership: Site Host has two options for ownership of EV Supply Infrastructure. Ownership of other components is
listed below for reference. Sections in this Contract labeled “Site Host Owned EV Supply Infrastructure” or “PG&E Owned
EV Supply Infrastructure” will apply depending on the ownership option a Site Host selects. Site Host should indicate
their ownership option in Exhibit A. All other terms are common to both ownership options.
EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection.
EV Supply Infrastructure: Site Host has two options for EV Supply Infrastructure ownership;
1. PG&E owned: PG&E constructs, owns and maintains the EV Supply Infrastructure. PG&E covers costs in
accordance with CPUC requirements.
2. Site Host owned: Site Host is responsible for construction and maintenance of EV Supply Infrastructure, and
receives an incentive in accordance with CPUC requirements.
EV Supply Equipment (EVSE): Site Host always installs, owns, operates, and maintains the EVSE.
Selection of EVSE Package: Upon approval of application by PG&E, Site Host shall select and procure one EVSE
Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Site Host. Site
Host shall install, operate and maintain the number and type of the EVSE Package, associated equipment and signage
as selected by Site Host and approved by PG&E. Site Host acknowledges that PG&E makes no representations
regarding manufacturers, dealers, contractors, materials or workmanship of the EVSE Package. Site Host agrees that
PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion,
Site Host may use an EVSE Package that is not on the approved list of qualified vendors. If EVSE Package is not on
the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum
requirements are attached to this Contract, as applicable. Site Host agrees to provide all information requested by PG&E
about non-approved EVSE Packages, including but not limited to technical and safety specifications.
EVSE Rebate: Site Host may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts
will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Site Host provides proof of purchase
of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3)
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 7 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
the EVSE is operational.
Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet
Program, the EVSP selected by Site Host may offer and contract directly with the Site Host to provide any additional or
complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully
described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional
EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet
Program objectives and are approved by PG&E in writing.
EV Drivers Right to Access: Site Host shall not restrict access to or use of the EVSE for reasons including, but not
limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited
by applicable law. However, Site Host may decide to make the EVSE available only to its employees or tenants; under
the terms of the EV Fleet Program, Site Host decides whether to make the EVSE available to other 3rd parties.
Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the
Americans with Disabilities Act (ADA) and California Building Standards. Site Host understands and accepts that such
standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Site Host
understands and accepts that changes to initial design representations may occur during the design, construction and
operational phases of the EVSE as may be dictated by design constraints, by law or regulation or by local jurisdictional
authorities.
Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing
easements when possible to minimize encumbrances on Site Host property. If a new easement is required, access rights
will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required
when Site Host application is evaluated, and will communicate that to Site Host. If Site Host does not wish to grant an
easement for one or more Premises, Site Host or PG&E may remove those Premises from the EV Fleet program. If Site
Host accepts easement requirement, Site Host agrees to grant PG&E an easement for the installation of EV Service
Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to
serve Site Host, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or
easements, satisfactory to PG&E, are obtained without cost to PG&E. Site Host agrees to sign and return easement to
PG&E within 30 days of receipt. If the Site Host does not respond within 30 days, PG&E reserves the right to rescind
Site Host’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand
therefor execute and deliver to Site Host a good and sufficient quitclaim of said easement and right of way or such
portion thereof conveyed in this document, at Site Host expense.
EVSE O&M: The Site Host is required to maintain the EVSE for the Term. Site Host will pay all O&M costs associated
with the EVSE. Site Host shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Site Host shall
maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear
excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Site
Host of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and
snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when
necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts
to notify Site Host in advance of interruptions to service, planned maintenance, and physical access to Premises. Site
Host will immediately shut down chargers if there is a safety issue.
Billing: Site Host will be the PG&E customer of record and will be served according to the applicable Rate Plan. As the
customer of record, Site Host will be responsible for paying the PG&E bill.
Compensation: Under no conditions shall Site Host or EV Drivers receive compensation of any kind (including but not
limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for
participation in any way as part of the EV Fleet Program, including but not limited to: easements, 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.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 8 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Changing Rate Plan: Site Host may change Rate Plan during the Term, but must remain on a retail PG&E rate for the
duration of the Term. If Site Host switches to a non-retail PG&E rate during the Term, Site Host shall bear the full cost
and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-
rated costs of equipment, site design and installation.
Reliability: PG&E does not guarantee uninterrupted service. Site Host may pursue options to ensure that any impact to
Site Host operations from potential loss of power is sufficiently mitigated. Site Host is responsible for the cost of any
supplemental solutions to improve reliability.
Expansion of EVSE Installation: Site Host may add more charging ports to their installation in the future, in accordance
with the provisions of CPUC filed tariffs such as Electric Rule 16. Site Host must coordinate with PG&E prior to any
approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Site
Host’s expense and its liability.
EVSE Replacement: Site Host may replace their EVSE during the Term. Site Host must notify PG&E ahead of
replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary
CPUC requirements for program. If adequate infrastructure does not exist, Site Host must request increased capacity in
accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Site Host’s
expense and its liability.
Vehicle Purchase Plans: PG&E will work with Site Host to understand its fleet electrification plans, and may install
infrastructure to support future vehicle purchases. In Exhibit A, Site Host will provide the number, type, and charging
levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E
discretion, during the Term PG&E may request evidence that Site Host is operating these vehicles and associated
charging in accordance with its plan. If Site Host is not operating vehicles consistent with its plan, at PG&E discretion
Site Host may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs,
as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site
design and installation. Site Host may, at any time within the Term request from PG&E projected and final costs
associated with this. If Site Host wishes to change its plan, Site Host must provide a modified plan to PG&E. This
modified plan must be mutually agreed upon by PG&E and Site Host.
Project Scope: Site Host acknowledges that:
• Site Host agrees to the high-level project scope listed in Exhibit A;
• Upon execution of this Contract, PG&E will begin incurring design fees and costs as Site Host project moves
forward;
• If Site Host withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred
by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site
walk costs, etc.;
• PG&E will conduct a site walk;
• If the existing infrastructure or physical site or equipment is substantially different than anticipated or
described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both
parties, but reserves the right to cancel Site Host participation in the program; and
• If Site Host does not submit required documentation (e.g., signed easement if needed) in a timely manner,
then PG&E may grant extensions by request but reserves the right to waitlist Site Host application and/or
cancel participation in the program.
External Funding Sources: Site Host understands that the total infrastructure and EVSE rebate and incentive amounts
the Site Host receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer,
retailer or otherwise, cannot exceed Site Host’s total cost of purchasing the EVSE, installing the EVSE, and constructing
the EV Supply Infrastructure.
Site Host agrees to keep records of all infrastructure and EVSE incentives and rebates received for Site Host’s EV Fleet
project. Site Host understands that PG&E may request and review said records up to one year after project completion
date. If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 9 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
may include but is not limited to, utilities, state programs, manufacturer, retailer or other, of the violation, including the
name of the Site Host, a description of the project, and details regarding the excessive rebates and incentives.
Site Host Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Site Host qualifies for an incentive towards the cost of EV Supply Infrastructure if
they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC
requirements. Incentive will be paid after (1) Site Host provides proof of actual EV Supply Infrastructure construction
cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.
Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service
Connection in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and
regulatory requirements. Site Host is responsible for providing all disclosures, including but not limited to hazardous
materials, located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of
proposed facilities to Site Host prior to preparation of easement for Site Host review and approval; such approval will
not unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access
the EV Service Connection as needed. It will be the Site Host’s responsibility to provide a preliminary design of the EV
Supply Infrastructure and associated electrical loads, so that PG&E can provide the associated EV Service Connection
design. PG&E and Site Host will approve final design prior to construction beginning. Once design is approved, no
material changes will be made without approval from PG&E and Site Host. After the EVSE is operational, Site Host may
request a copy of “as built” designs, which will be provided by PG&E.
Installation of EV Supply Infrastructure: The Site Host and/or its contractors shall construct the EV Supply
Infrastructure and EVSE, in compliance with the terms of this Contract, as well as all applicable local, state and federal
laws and regulatory requirements; including PG&E requirements found at www.pge.com/greenbook. The Site Host is
responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii)
installation of the EVSE. After the EVSE is operational, Site Host receives incentive for EV Supply Infrastructure in
accordance with terms of this Contract.
EV Supply Infrastructure O&M: If Site Host owns the EV Supply Infrastructure, Site Host is responsible for O&M of the
EV Supply Infrastructure for the Term. Site Host will pay all O&M costs associated with the EV Supply Infrastructure.
Site Host shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good
condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the
EV Supply Infrastructure. Such maintenance by Site Host of the immediately surrounding common areas shall include,
but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not
guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will
use reasonable efforts to notify Site Host in advance of interruptions to service, planned maintenance, and physical
access to Premises.
Access to Site Host’s Premises: PG&E shall at all times have the right to enter and leave the Site Host’s Premises for
any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection,
testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of
any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Site Host does not grant PG&E
reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted.
PG&E will work closely with Site Host to ensure this access does not unreasonably interfere with Site Host’s property or
operations.
End of Term: At the end of the Term, the Site Host will have the following options;
1. Continue operating EVSE and EV Supply Infrastructure
o Site Host has continued responsibility for O&M of EVSE and EV Supply Infrastructure.
o If an easement was required for installation, easement remains in place.
o PG&E continues to own EV Service Connection and will treat this under the standard provisions of
CPUC filed tariffs such as Electric Rule 16.
2. Stop operating EVSE and EV Supply Infrastructure
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 10 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
o Remove the EVSE and/or EV Supply Infrastructure at Site Host’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the
easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other
load or assets, for example building load or solar, PG&E continues to own EV Service Connection and
will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service
Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service
Connection and abandon facilities in place.
PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV
Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state and federal laws
and regulatory requirements. Site Host is responsible for providing all disclosures, including but not limited to hazardous
materials, located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of
proposed facilities to Site Host prior to preparation of easement for Site Host review and approval; such approval will
not unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access
the EV Service Connection and EV Supply Infrastructure as needed. After Site Host approval of the preliminary design,
PG&E will coordinate with the Site Host if there are any proposed material changes. A final design with no material
changes from the agreed upon design, will be provided by PG&E prior to any installation activities. PG&E and Site Host
will approve final design prior to construction beginning. Once design is approved, no material changes will be made
without approval from PG&E and Site Host. An estimated installation schedule shall be provided by PG&E after
execution of required easement and timely selection of EVSE Package. Should the installation schedule require
modification, PG&E shall notify Site Host within a reasonable amount of time of such changes. PG&E is responsible for
the costs to construct the EV Supply Infrastructure. The Site Host is responsible for (i) the purchase of the EVSE Package
and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Site Host understands and
acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the
EVSE is operational, Site Host may request a copy of “as built” designs, which will be provided by PG&E.
EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV
Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Site
Host shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good
condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the
EV Supply Infrastructure. Such maintenance by Site Host of the immediately surrounding common areas shall include,
but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not
guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will
use reasonable efforts to notify Site Host in advance of interruptions to service, planned maintenance, and physical
access to Premises.
Access to Site Host’s Premises: PG&E shall at all times have the right to enter and leave the Site Host’s Premises for
any purpose connected with the furnishing of electric service to the EV Supply Infrastructure and EV Service Connection
(meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency
work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Site
Host does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Supply Infrastructure
or EV Service Connection until access is granted. PG&E will work closely with Site Host to ensure this access does not
unreasonably interfere with Site Host’s property or operations.
End of Term: At the end of the Term, the Site Host will have the following options;
1. Continue operating EVSE
o Site Host has continued responsibility for O&M of EVSE.
o If an easement was required for installation, easement remains in place.
Packet Page 89
Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 11 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
o PG&E continues to own EV Service Connection and EV Supply Infrastructure, and will treat these
under the standard provisions of CPUC filed tariffs such as Electric Rule 16.
2. Stop operating EVSE
o Remove the EVSE at Site Host’s cost and expense
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the
easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply
Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service
Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of
CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure
serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and
EV Supply Infrastructure and abandon facilities in place.
General Terms
Permission to Use Data: Site Host agrees to allow PG&E, its agents and representatives to use data gathered as part
of the EV Fleet Program for use in regulatory reporting, ordinary business use, industry forums, case studies or other
similar activities, in accordance with applicable laws and regulations.
Representations: Site Host understands that its participation in EV Fleet Program shall not be construed as creating
any agency, partnership, or other form of joint enterprise between the Site Host, PG&E, or their affiliates, contractors,
vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as may be
expressly granted in writing, nor make any representations of any kind to this effect. Site Host represents and warrants
that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized
manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority and capacity
to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required
of Site Host, and such fee title owner has the ability to grant an easement (if needed).
Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E
shall endeavor to provide Site Host with advance notice of any such changes. Site Host has the option to opt out of the
Program subject to section “Site Host Removal or Termination” below.
Compliance with Laws: All parties 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 EV Fleet Program and/or Site Host’s interactions
with customers in connection with the EV Fleet Program.
Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E
and Site Host reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on
the part of Site Host or PG&E, whether intentional or unintentional.
Relocations: Should Site Host request relocation of EVSE or parts thereof, such relocation shall be per mutually
agreeable terms and shall be at sole expense of Site Host and in accordance with any EV Fleet Program requirements,
laws, regulations or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Site
Host shall either amend the easement to include the legal description of the new location or enter into a new easement
with PG&E.
PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Site Host’s participation in the
EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons
may include but are not limited to: failure to provide or maintain terms of easement, failure to abide by EV Fleet Program
terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s)
not in the best interests of the EV Fleet Program or PG&E’s ratepayers.
Packet Page 90
Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 12 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Site Host Removal or Termination: Should Site Host request removal or termination of EVSE or parts thereof prior to
expiration of the Term, then Site Host 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 PG&E on behalf of ratepayers, such as pro-rated costs of
equipment, site design and installation. Site Host may, at any time within the Term request from PG&E projected and
final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally
over a ten-year period (e.g., if amounts total $100k and Site Host leaves after 1 year it is responsible for $90k). If the
Site Host wishes to assign its rights and obligations of this Contract to a new Site Host prior to the expiration of the Term,
the new Site Host may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not
to be unreasonably withheld.
Indemnification: Site Host shall indemnify, hold harmless and defend PG&E, its affiliates, subsidiaries, parent company,
officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs,
expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury
to or death of persons, including but not limited to employees of PG&E or Site Host; (ii) injury to property or other interests
of PG&E, Site Host, or any third party; (iii) violation of a local, state, or federal common law, statute or regulation,
including but not limited to environmental laws or regulations; (iv) strict liability imposed by any law or regulation; so long
as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Site
Host’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent
that such injury, loss or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or
employees.
Site Host shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this
indemnity, using counsel acceptable to PG&E. Site Host shall pay all costs and expenses that may be incurred by PG&E
in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented
by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification
language in its contract with any third party who PG&E may send to perform work on Site Host’s physical site. PG&E
agrees to work closely with Site Host on any concerns that may arise related to the party who will perform work on Site
Host’s physical site.
Insurance Requirements: Site Host shall procure, carry and maintain the following insurance coverage and Site Host
is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:
A. Personal Liability
1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property
damage and personal injury.
2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers,
agents and employees with respect to liability arising out of work performed by or for the ‘Site Host’; b) Be
endorsed to specify that the ‘Site Host’ insurance is primary and that any insurance or self-insurance
maintained by PG&E shall not contribute with it.
B. Workers’ Compensation and Employers’ Liability
1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes,
acts, laws or statutes, state or federal, where Site Host performs Work.
2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.
C. Commercial General Liability
1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability
Coverage “occurrence” form, with no coverage deletions.
2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal
injury.
Packet Page 91
Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 13 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries,
and parent company, and PG&E’s directors, officers, agents and employees with respect to liability arising
out of or connected with the Work performed by or for the Site Host. (ISO Form CG2010 or equivalent is
preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by
contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured
requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents
and employees with respect to liability arising out of the work performed by or for the Site Host are additional
insureds under a blanket endorsement.”; b) be endorsed to specify that the Site Host’s insurance is primary
and that any insurance or self-insurance maintained by PG&E shall not contribute with it.
D. Documentation Requirements
1. Site Host shall have all insurance in place before beginning any Work. Upon request, Site Host shall furnish
PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of
all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer
to issue certificates of insurance and endorsements on its behalf
2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-
described policies are cancelled before the stated expiration date
3. PG&E may inspect the original policies in Section A or B or require copies, at any time. Site Host/Owner
may redact non-essential exposure information from copies.
4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E
that the insurance limits are sufficient, nor do these requirements in any way limit Site Host’s liability under
this Contract.
5. Upon request, Site Host shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E
requires of Site Host.
Casualty: If all or any portion of the EVSE on the Premises are damaged or destroyed by fire or other casualty which
materially and adversely affects the operation of the EVSE (any such occurrence, a “Casualty”), Site Host shall have
the right to terminate this Contract by written notice to PG&E in which event this Contract shall terminate on the date
that is 10 days after the date of Site Host’s termination notice and PG&E may elect to remove or replace the EVSE from
the Premises. In the event of any Casualty which materially and adversely affects the operation of the EVSE, PG&E
shall have the right to terminate this Contract by written notice to Site Host within 14 days after the Casualty, in which
event this Contract shall terminate on the date that is 10 days after the date of PG&E’s termination notice and PG&E
may elect to remove or replace the EVSE from the Premises.
Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice
to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All
negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise
and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is
incorporated herein by reference.
No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship,
franchise or association, nor shall this Contract render PG&E and Site Host liable as partners, co-venturers or principals.
Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or
invalid by a court of competent jurisdiction, PG&E and Site Host shall negotiate an equitable adjustment in the provisions
of this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the
provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the
remaining provisions or application of any of the provisions of the Contract.
Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and
understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous
agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express
or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no
Packet Page 92
Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 14 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
representations, statements or agreements other than those expressed herein. Neither party shall be bound by any
prior or contemporaneous obligations, conditions, warranties or representations with respect to the subject matter of this
Contract.
Survival: The provisions of this Contract which by their nature should survive expiration, cancellation or other
termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance,
confidentiality, document retention, business ethics and availability of information, shall survive such expiration,
cancellation or other termination.
Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such
other addresses as either party may direct by notice given in accordance with this section, and shall be delivered in one
of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when
delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to
have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way
of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in
which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of
delivery.
If to PG&E:
Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
77 Beale St
San Francisco, CA 94105
Email Address: EVChargeNetwork@pge.com
If to Site Host:
__________________________________(Company Name)
__________________________________(Street Address)
__________________________________ (City, zip)
__________________________________ (Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.
________________________________
Company Name
PACIFIC GAS AND ELECTRIC COMPANY
________________________________
Signature
________________________________
Signature
________________________________
Print Name
________________________________
Print Name
________________________________
Title
________________________________
Title
________________________________
Date
________________________________
Date
Packet Page 93
Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 15 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
EXHIBIT A
PROJECT SCOPE
29 Prado Road, San Luis Obispo
Summary (Year 1 = year contract signed)
Description Year 1 Year
2
Year 3 Year 4 Year 5 Total
# of vehicles 14 0 0 0 6 20
Anticipated load
(kW)
900 kW 0 0 0 0 900 kW
# and type of
vehicle
14 Transit Buses
(Public Use)
0 0 0 6 Transit Buses
(Public Use)
20 Transit Buses
(Public Use)
# and type of
chargers to
support vehicles
2 Chargers @ 150 kW
12 Chargers @ 50 kW
0 0 0 0 14 Chargers
900 kW
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Item 7