Revised Price JOTFOC ONeill EVSE Installation Signed 2024 10 28_Redacted.pdf

October 8, 2024 JOTFOC: O’Neill EVSE Construction

U.S. GENERAL SERVICES ADMINISTRATION

Public Buildings Service, Region 1

10 Causeway Street, Boston, MA 02222 Project Name: Thomas O'Neill Federal Building: Installation of Electric Vehicle Supply Equipment

(EVSE) infrastructure and charging stations in parking area.

1. Agency Identification and Contracting Activity (FAR 6.303-2(b)(1)).

The General Services Administration (GSA), Public Buildings Service (PBS), Region 1 (New England), Acquisition Management Division, in conjunction with the Boston Service Center, plans to contract by means other than full and open competition. This document is a Sole Source Justification.

2. Nature and/or Description of the Action Being Approved and a description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303- 2(b)(2) & (3)).

The GSA is seeking a Sole Source Justification for design-build services for the installation of an EVSE infrastructure, including charging stations in the parking area at the Thomas O'Neill Federal Building (the O’Neill building) in Boston, MA. The requirement is to install thirty-four (34) Level two (Lv2) Charging stations that will include sixty-eight (68) Charging Ports, and all other supporting infrastructure (new service, meter, transformers, panel boards, conduits, conductors, bollards, signs, and line striping). This project is an agreement with the Electrical Utility Company, Eversource, under the provisions of a rate payer program (Make-Ready Program). The approved Make-Ready Program includes substantial utility incentives and post project rebates to qualifying rate payers. GSA entered into the Site Host Agreement with Eversource on December 13th, 2023 (Exhibit A), effectively enrolling the O'Neill building into this program.

As part of the approved Make-Ready Program, GSA was required to choose a vendor off the Eversouce pre-approved vendor list to design and construct the EVSE infrastructure.

GSA evaluated the seven (7) vendors on the pre-approved list and requested that Eversource assign a vendor from a list of three vetted by GSA. Eversource assigned Voltrek to the GSA project. Eversource has authorized an incentive of $ to be paid directly to Voltrek for this work. After the agreement between Voltrek and Eversource was finalized, Orion Energy Systems, Inc. acquired Voltrek, and Voltrek is now a division of Orion. Therefore, a firm-fixed price contract will be awarded to Orion Energy Systems, Inc.

for the Capex of $ representing the final costs not covered by the utility incentive program.

3. Statutory Authority Permitting Other Than Full and Open Competition (FAR 6.303- 2(b)(4)).

This acquisition is conducted under the authority of 41 United States Code (U.S.C.)

253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 entitled, only one Responsible Source and no other supplies or services will satisfy agency requirements.

Eversource has authorized an incentive of $ to be paid directly to Voltrek, a division of Orion Energy Systems, for this work. In order for the government to obtain the incentive from Eversource, the government must contract with a contractor approved by Eversource. Given that the government is required to select one vendor, only one responsible source is available for the procurement.

4. Rationale Justifying Use of Cited Statutory Authority / Demonstration that the proposed contractor’s unique qualifications or nature of the acquisition requires use of the authority cited (FAR 6.303-2(b)(5)).

In accordance with the Make Ready Program agreement, the GSA is required to select a vendor off the Eversource approved list. Therefore, GSA is unable to solicit from multiple vendors. GSA vetted the approved list of contractors using SAM.GOV and reduced the number down to three registered SAM vendors. GSA requested that Eversource assign GSA one of the three remaining vendors to the project. Eversource assigned Voltrek, a division of Orion Energy Systems, to the project, and the $ incentive is contingent on GSA using Voltrek to complete the necessary work.

5. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

Due to the requirements of the Make Ready site host agreement, GSA was unable to solicit from multiple vendors. GSA made an effort to vet all vendors and assess for unique socio-economic reasons such as SDVOSB, Small Business, or other factors to request assignment. The GSA requested that Eversource assign a vendor for this project from a list of three vetted vendors that GSA determined were active in SAM.gov and able to complete the work within the scope of this project. Eversource assigned Voltrek, a division of Orion Energy Systems to the project. Eversource selected Voltrek based upon their previous past experience working in Eastern Massachusetts. Of the 3 contractors (Universal Electric, Advanced Energy Group, and Voltrek) Voltrek does the most work in Eastern Massachusetts making Voltrek the best fit for this project.

In accordance with Executive Order 14057 Implementation Instructions for EO14057 “Agencies should employ all available acquisition and funding mechanisms and technical support to accelerate EVSE deployment and lower overall costs, Including Utilities: Many utilities offer facility assessments, site planning, financial assistance, incentives, and planning tools for EVSE deployment. Agencies should ensure that facilities coordinate with electric utility providers in EVSE planning and identify resources and support that can accelerate EVSE planning, financing, and installation. In certain situations, GSA areawide agreements with utilities may facilitate such utility assistance.”

- Pursuant to the Executive Order, and GSA EVSE Policy, GSA remains committed to identifying any potential savings in order to save taxpayers money. This win-win acquisition accelerates EVSE development and provides savings.

6. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The utility program provides GSA a grant incentive of $ to the Government.

GSA will be contracting with the vendor for the remaining $ project cost, which was found to be fair and reasonable against both a Government IGCE, as well as by Eversource who had to approve all costs by the vendor and determine cost reasonableness.

Based on GSA’s Center for Electric Vehicle Infrastructure (CEVI) analysis of the average installed costs ($ per port) for recent installed GSA projects and estimates for currently planned projects with full required scope needs, pricing for similar EVSE infrastructure and installation projects for EVSE charging stations, use of the utility’s Make Ready incentive program reduces the project costs to the taxpayer by or savings of $ for this effort.

7. Description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

This Make Ready program is the only one offered to GSA at this location per the provisions of Massachusetts Department of Public Utilities Docket Number DPU 91-90 (Exhibit B).

8. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

Due to the requirements of the Make Ready site host agreement, GSA was unable to solicit from multiple vendors. The Government requested that Eversource assign a vendor for this project. Eversource assigned Voltrek, a division of Orion Energy Systems, to the project, and the $ incentive is contingent on GSA using Voltrek to complete the necessary work.

9. Sources (if any) that expressed, in writing, interest in the Acquisition (FAR 6.303- 2(b)(10)).

No other sources have expressed an interest, in writing, in the proposed acquisition.

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required (FAR 6.303-2(b)(11)).

All EVSE installation site-host agreements under the utility’s 2023 program are covered under the Utility Make Ready Programs. These programs require the use of pre- approved vendors off the utility companies’ vendor list. This program is undergoing changes for 2024 that will no longer require the use of vendors off their approved list. Future competition will be in accordance with Procurement Instruction Bulletin 24-02: Acquisition Policy for Mandatory use of GSA PBS Governmentwide Design/Build (D/B) and Construction Indefinite Delivery/Indefinite Quantity (IDIQ) Contracts for Electric Vehicle Supply Equipment (EVSE) Installation and Related Infrastructure Improvements.

Technical/Requirements Certification

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical/Program Specialist:

(Signature) Date

Printed Name: David Johnson

Branch Chief of Energy Utilities Branch

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name.: Karen Curran

Contracting Officer Representative Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name.: Bradley Littrell

Contracting Officer Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name: Adam Katzman

Contracting Specialist Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name: Caitlyn Egan

Director of Acquisition Management Division

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date_________________

Printed Name: James Adamo

Policy Branch Chief

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name: Timothy Davis

Office of General Council

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name: Carey Bergeron

Deputy Regional Commissioner

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature) Date

Printed Name: Matthew Bailey

CONTRACT ADDENDUM

This Contract Addendum (hereinafter referred to as the “Contract”) is made and effective October 25, 2024 (the “Effective Date”) and is mutually agreed upon by and between NSTAR ELECTIVE

COMPANY d/b/a Eversource Energy (“Company”) and U.S. General Services Administration (“Site

Host”) collectively referred to as the “Parties”.

Whereas on the 13 day of December, 2023 the Parties entered into a Site Host and License Agreement

(the “Agreement”) for the facilitating siting and installation of Electric Vehicle Supply Equipment

(“EVSE”) wherein the Site Host offers to host EVSE on property owned by the Site Host and the

Company has agreed to install certain electric infrastructure at the site.

Whereas the under section 4.8 of the Agreements states that the Site Host shall “Pay any Site Host

Contribution toward the cost of the EVSE or infrastructure as described in the Pre-Approval Letter presented in Exhibit C prior to construction commencing at the Site. Failure to pay Site Host

Contribution will void any funding commitment or scheduled work reserved for Site Host at the Site.”

Whereas the Exhibit C -Pre-Approval Letter states “We will also require proof of payment for your contribution to the EVSE and Make Ready (if applicable) before we can send the Contractor the Notice to Proceed with construction.”

Whereas the Site Host shall enter into a contract to fund the portion of the EVSE. In accordance with this construction contract and specifically referencing Far Part 52.232-5 Payments under Fixed Price

Construction Contracts does not allow for upfront payments by the Site Host. Funding is to be obligated upon contract execution and paid out in progress payments as the work progresses.

The Parties agree to the following addendum to the Agreement:

The execution of a construction contract and obligation of funds by the Site Host shall satisfy the requirements and be considered in compliance under section 4.8 of the Agreement and Exhibit C.

All other terms and conditions of the Agreement remain in full force and effect.

NSTAR ELECTRIC COMPANY d/b/a Eversource Energy

By: _______________________________

Name: _______________________________

Title: _______________________________

U.S General Services Administration

By: _______________________________

Name: _____________________________

Title: ______________________________

Docusign Envelope ID: 5C090A1B-C398-489F-8B40-9FE5F1DA63A3

Christopher Andrade

EV Project Manager

Regional commissioner

Glenn Rotondo

DocuSign Envelope ID: AE90BCFB-5E79-4696-9892-009FD1C41485

MASSACHUSETTS COMMERCIAL ELECTRIC VEHICLE CHARGING PROGRAM

SITE HOST & LICENSE AGREEMENT

This SITE HOST AND LICENSE AGREEMENT (“Agreement”) is entered into as of the _13 day of December , 2023 (“Effective Date”), by and between NSTAR ELECTRIC COMPANY d/b/a Eversource Energy, a Massachusetts corporation and electric company, with an address at 247 Station Drive, Westwood, Massachusetts 02090 (“Company”) and U.S. General Services Administration a

Federal Building , with an address at

10 Causeway St., Boston, MA 02222 (“Site Host”). The Company and Site Host are each referred to herein sometimes as a “Party” and collectively as “Parties”. Now, therefore, in consideration of the foregoing, the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties hereby agree as follows:

1.0 Background

1.1 The Company has received approval of the Massachusetts Department of Public Utilities (“DPU”) for a program for facilitating siting and installation of Electric Vehicle Supply Equipment (“EVSE”) within the Company’s electric service territory in D.P.U. Docket No. 21-90 (“Petition of NSTAR Electric Company d/b/a Eversource Energy for approval of its Phase II Electric Vehicle Infrastructure Program and Electric Vehicle Demand Charge Alternative Proposal)” approved by the DPU on 12/30/2022 (the “Program”).

1.2 The Site Host has offered to host EVSE on property owned or controlled by the Site Host located within the Company’s electric service territory at the address(es) listed in Exhibit A (“Site”). The Site Host has submitted an EV Program Intake Application to the Company for installation of certain electric service infrastructure at the Site (defined below as the “Facilities”). Before the Company can proceed with the installation of the Facilities at the Site, the Company requires permission from the Site Host to access the Site and perform the work of installing the Facilities. Installation of the Facilities will be performed by the Company and a contractor approved to perform such construction work (“Make Ready Contractor”).

2.0 Site Host Eligibility Requirements and Representations

2.1 Site Host is a commercial electric service customer of the Company.

2.2 Site Host agrees to provide one or more locations at the Site for the installation of EVSE and other infrastructure. The specific locations of the EVSE and infrastructure at the Site has been determined by the Site Host in coordination with the Company and, if needed, the supplier of the EVSE (“Supplier”) and is presented in the Site Sketch shown in Exhibit B.

2.3 Site Host is the fee owner of Site or has a long-term (10 years or longer remaining term) lease or ground lease of the Site.

2.3.1 If Site Host has a lease, the lease expressly provides that the Site Host has the authority to grant utility license rights for the provision of utility services to the Site.

2.3.2 If the lease does not so provide, the Site Host shall be solely responsible for obtaining the necessary license or consent from the fee owner for the installation of the Facilities at the Site, in the form of Exhibit D, or otherwise in form and substance satisfactory to the Company.

2.3.3 If Site Host is neither a fee owner nor a long-term lessee of the Site, Site Host is responsible for obtaining from the landowner the necessary license rights for the Company to access the Site for purposes of installation of the Facilities.

2.4 To the best of the Site Host’s knowledge, the Site is free from “hazardous materials”, as those terms are defined in applicable state and federal laws and regulations. In the event pre-existing “hazardous materials” are discovered at the Site during installation of the Facilities, the Company’s sole obligation shall be to comply with the Utility Related Abatement Measures (“URAM”) set forth in 310 CMR 40.0460 et seq. as amended from time to time, and all other responsibility with respect to such “hazardous materials” shall be that of the Site Host. The Site is free from any property restrictions that would prohibit the installation of the EV infrastructure, including any institutional controls, Environmental Land Use Restrictions (“ELUR”), Activity and Use Limitation (“AUL”) and/or engineering controls (i.e., Engineered Barrier, soil cap, remediation systems), as defined in 310 CMR 40.000 et seq. as amended from time to time. In the event any of these controls exists on the Site, the Site Host is responsible for compliance, under the supervision of its License Site Professional. The Site Host is not aware of any resource areas regulated under any applicable federal, state, or local environmental law for which the Site Host has not obtained an approval for the EV infrastructure installation.

2.5 Site Host has full corporate power and authority to enter into and perform this Agreement in accordance with its terms, and neither the execution of this Agreement, nor its performance, will conflict with or violate any other agreement or instrument by which the Site Host or the Site is bound. There are no claims or actions pending or, to Site Host’s knowledge, threatened against the Site Host or the Site that would prevent or interfere with the performance of this Agreement. To the best of the Site Host’s knowledge, there are no known or suspected conditions (including environmental conditions) at the Site that would prevent or impede the installation of the Facilities by the Company.

3.0 Program Pathway

3.1 The Site Host has elected to proceed with the following Program Pathway:

Express Path: The Company shall provide and contract with a Make Ready Contractor from its Approved Contractors list, who shall perform the installation of the Facilities. The Company shall pay the amount shown in the Pre-Approval Letter to the Make Ready Contractor upon completion of the project, following the milestone payment structure presented in Section 5.4.2.

Specialized Path: The Site Host shall provide and contract with a Make Ready Contractor of their choosing, who shall perform the installation of the Facilities. The Make Ready Contractor shall provide site design and cost proposals to the Company for review and approval, and shall not begin construction at the Site until both Parties have executed this Agreement. The Company shall pay the amount shown in the Pre-Approval Letter to the Site Host upon completion of the project, following the milestone payment structure presented in Section 5.4.2. The Company shall be excused from performance and shall not be liable in damages or otherwise due to willful misconduct of the Site-Host-contracted Make Ready Contractor, nor shall it be held responsible for any deviation from the approved project design.

o

New Construction Path: The Site Host shall use the General Contractor who is performing general construction services at the Site as the Make Ready Contractor, and this Contractor shall perform the installation of the Facilities. The Make Ready Contractor shall provide site design and cost proposals f to the Company for review and approval, and shall not begin installation of the Facilities at the Site until both Parties have executed this Agreement. The Company shall pay the amount shown in the Pre-Approval Letter to the Site Host upon completion of the project, following the milestone payment structure presented in Section 5.4.2. The Company shall be excused from performance and shall not be liable in damages or otherwise due to willful misconduct of the Site-Host-contracted Make Ready Contractor, nor shall it be held responsible for any deviation from the approved project design.

4.0 Site Host Obligations

The Site Host shall:

4.1

4.2

4.3

4.4

4.5

4.6

Procure the EVSE from the Supplier and provide proof of such purchase (including pricing) to the Company before installation of the Facilities is scheduled to take place.

Failure to provide proof of such purchase will void any funding commitment or scheduled work reserved for Site Host at the Site.

Procure EVSE and an EV Network that are approved by the Program, as per the Company’s latest Massachusetts Commercial EVSE Qualified Products List. Site Host agrees that the EV Network and quantity, type, and location of the EVSE cannot be modified by the Site Host following execution of this Agreement, unless the Site Host submits a new application to the Program. Products must not be prohibited by the Buy America Act or other sourcing Regulation

Procure not less than two (2) so-called “Level II” EVSE ports, or not less than one (1) so-called “DC Fast” EVSE port (minimum 50 kilowatts output per port).

Work with an EVSE Installer to install, activate, and commission the EVSE, obtaining all necessary approvals, permits, and licenses to do so.

Operate and maintain the EVSE at the Site for at least five (5) years from the date the EVSE are first placed in service (“In-Service Date”).

Allow access to the EVSE as described below:

4.6.1 For Sites qualifying as Public/Workplace, Site Host

shall allow access to the EVSE to all persons who can access the Site. Access to the EVSE must be allowed for a minimum of four (4) hours per day and shall continue to be provided for as long as EVSE are operated at the Site.

4.6.2 For Sites qualifying as Fleet, Site Host shall

restrict access to fleet vehicles only.

4.6.3 For Sites qualifying as Multi-Unit

Dwelling, Site Host shall allow access to the EVSE to all residents and guests with access to the Site, except in the event

EVSE is installed at a minimum of twenty

(20) percent of the total parking spaces at the site.

4.7 Agrees to pay for all metered electric services provided by the Company for the EVSE at the Company’s applicable rates and tariffs. If a separate utility meter is installed, Site Host acknowledges that the electric account shall be assigned to a commercial electric rate class.

4.8 Pay any Site Host Contribution toward the cost of the EVSE or infrastructure as described in the Pre- Approval Letter presented in Exhibit C prior to construction commencing at the Site. Failure to pay Site Host Contribution will void any funding commitment or scheduled work reserved for Site Host at the Site.

4.9 Comply with all Massachusetts General Laws (M.G.L. c. 166, s. 21A et seq.), Occupational Safety and Health Administration (OSHA) Laws and Regulations, and any other applicable requirements regarding work or activity in the proximity of energized electric lines.

4.10 Obtain any applicable federal, state, and local environmental permits and approvals required by law for the installation of the Facilities at the Site.

5.0 Company and Contractor Obligations

The Company and Make Ready Contractor shall:

5.1 Provide and install the necessary infrastructure at the Site to energize the EVSE, which may include interconnection to the Company’s electric distribution system, as shown in Exhibit B. Such infrastructure may consist of poles, conduits, ducts, cables, wires, switches, transformers, concrete pads, manholes, handholes, supporting foundations, culverts, and all other accessory and appurtenant equipment and material necessary in the opinion of the Company to enable the safe and reliable operation of the EVSE at the Site (collectively, “Facilities”). Site Host acknowledges and agrees that some of the Facilities may be interconnected with existing electric equipment currently serving the Site and are owned/maintained by the Site Host (“Existing Facilities”). The Company shall also make all necessary upgrades or modifications to its distribution system off-Site, to the extent required to provide service to the EVSE at the Site.

5.2 Obtain all federal, state, and local permits to complete the installation of the Facilities, except for environmental permits, which are the sole responsibility of the Site Host.

5.3 Perform all work in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials, in a manner and location reasonably acceptable to the Site Host and the Company. Site Host agrees that any field changes in the location of the Facilities shall be subject to prior review and written approval of the Company, which shall not be unreasonably withheld.

5.4 Pay incentives as follows:

5.4.1 EVSE Rebates, up to the incentive amounts presented in Exhibit C, shall be paid to either the Site Host or Make Ready Contractor upon installation and activation of the EVSE and post-inspection, if needed.

5.4.2 “Make Ready” Rebates for the design and installation of the Facilities, up to the incentive amounts presented in Exhibit C, shall be paid to the Make Ready Contractor. The Make Ready Contractor may invoice 80% of the total Make Ready incentive amount upon passed municipal wire inspection and invoice the remaining 20% upon activation of the EVSE, post-inspection (if needed), and receipt of a signed Project Close-Out Form.

5.4.3 Facilities installed by the Company to establish the interconnection to the Company’s electric distribution system and any off-Site distribution system upgrades or modifications shall be paid for by the Company.

5.5 Company must follow security/access restrictions and protocols for Federal Facilities.

6.0 Program Incentives and Third-Party Funding

6.1 The Site Host, Make Ready Contractor, and Supplier shall provide the Company with an estimate for the actual cost of the EVSE and Facilities, which the Company will use to determine the incentives amounts shown in Exhibit C.

6.2

6.3

6.4

6.5

In the event the actual cost of the EVSE or installation of the Facilities exceeds the total Program rebates, the Site Host shall be responsible for the incremental cost, up to the amount documented in the funding proposal.

The maximum total incentives one Site Host is eligible to receive is one million dollars per program year. This number is valid for the remainder of Program Year 2023 and may be modified at the start of the next program year.

Site Hosts who received incentives from the Company for a particular site in its Phase 1 EV program are not eligible to receive EVSE rebates at that site in its Phase 2 program.

The EVSE rebates presented in Exhibit C are dependent on Environmental Justice Community (“EJC”) eligibility and public accessibility, as defined below:

6.5.1 An EJC meets one of the following criteria

established by the Massachusetts Executive Office of Energy and Environmental Affairs, as per the most recent census data: (1) the annual median household income is 65 percent or less of the statewide annual median household income; (2) minorities comprise 40 percent or more of the population; (3) 25 percent or more of households lack English language proficiency; or (4) minorities comprise 25 percent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 percent of the statewide annual median household income.

6.5.2 The Program’s definition of “publicly

accessible” for public and workplace segments is in line with that of the Massachusetts Department of Environmental Protection’s Electric Vehicle Incentive Program (“MassEVIP”):

The program participant must allow the general public practical access to, and use of, the parking space and charging station for seven days per week, 24 hours per day.

The program participant is permitted to charge a parking fee and, if the location has access restrictions, may reduce the hours of public access to no less than twelve hours per day, seven days per week.

6.5.3 Site Host may use the EVSE Rebate solely for the

purchase and installation of EVSE.

6.6 Site Host is required to apply for MassEVIP or other available state or federal funding to the extent that it is available and aligned with the Program’s offerings, and to report the receipt of any such funding to the Company.

6.7 The Company shall deduct any third-party funding received, applied for, or that the Site Host is eligible for from the total Program rebates, which may include both Make Ready and EVSE rebates. In the event the Site Host is eligible for third party funding but chooses to not comply with the third party’s eligibility requirements, the Company shall deduct the amount the Site Host would have been eligible for if compliant.

6.8 If receipt of approval for third-party funding is not received within 60 days of application and upon written request from Site Host, the Company may proceed with original incentive levels and the Company shall modify the incentives in the Pre-Approval Letter accordingly. If third-party funding is received after issuance of the modified Pre-Approval Letter but before time of rebate payment, the Company shall deduct the amount received from the total Program rebates and shall modify the incentives in the Pre-Approval Letter accordingly. Under no circumstances shall third-party rebates, when combined with the rebates and incentives provided by the Program, exceed an amount equal to the total (100%) of the actual cost of the EVSE and infrastructure.

6.9 The Site Host hereby agrees to the incentive amounts shown in Exhibit C.

7.0 Ownership and Ongoing Operation and Maintenance

7.1

7.2

7.3

7.4

8.0

8.1

Following the installation of the Facilities, all Facilities installed up to the metering point within the Site pursuant to this Agreement (“Company- Side Facilities”) shall remain the property of the Company and the Company shall pay all taxes assessed thereon. All other Facilities installed past the metering point (“Customer-Side Facilities”) and Existing Facilities, shall be owned, and maintained by the Site Host or the Supplier, as appropriate.

Site Host hereby grants to the Company, its successors and assigns, the permission, from time to time as may be necessary to enter upon the Site to install, repair, renew and maintain Company-Side Facilities, including, at the option of the Company, the replacement of said Facilities with electrical equipment of different size and voltage, along with the necessary cables, conduits, wires, sustaining or protecting fixtures, and service connections attached thereto constituting a line for the distribution of electricity and lines for telecommunications for control and metering purposes, in, upon, under, along and across the Site.

The Company shall provide reasonable notice to the Site Host of such work, unless in the event of an emergency, as determined by the Company. In the event the Company is required to relocate Company-Side Facilities or any related sustaining or protecting fixtures due to the request or direction of the Site Host or any person acting under the authority or direction of the Site Host, the Site Host shall reimburse the Company for the reasonable costs thereof.

Site Host shall not erect or permit any structures or obstructions which, in the reasonable judgment of the Company, might interfere with the safe operation and maintenance of the Company-Side Facilities. The Company shall have the right to cut down and keep trimmed vegetation as the Company may from time to time deem reasonably necessary for the safe operation and maintenance of said Facilities. Site Host agrees that there shall be no interference with pedestrian and vehicular access to said Facilities. It is understood that access to said Facilities includes travel through the Site at any time for inspection and maintenance, and for emergency repairs, by all manner of vehicles and on foot. In addition, Site Host may be required, at its cost, to temporarily relocate vehicles or other equipment located within the Site to allow the Company and its contractors access to the said Facilities. Site Host acknowledges and agrees that the Company does not hereby assume any responsibility for the ownership, operation or maintenance of Customer-Side Facilities or Existing Facilities which shall remain the responsibility of the Site Host.

Site Host shall promptly reimburse the Company for the actual costs, as reasonably determined by the Company, of repair or replacement of any Company-Side Facilities that has been injured or damaged by the Site Host, its agents, invitees, contractors, or their respective employees. Site Host is self-insured. The Company shall follow the Federal Torts Claim Act process should they see reimbursement under this clause.

Liability and Indemnification

The Company shall procure and maintain at its expense, at all times during the performance of any work under this Agreement, public liability insurance, including personal injury and property damage, and automobile liability insurance in amounts of combined single limit each, against all claims and demands of any injury to person or property which may occur or be claimed to have occurred on the Site as a result of the work on the Site by the Company or its contractors. Site Host shall be designated as an additional insured party on the general liability policy and on the self-insured general liability program shall be treated as if an additional insured. The Company shall, before entry upon the Site for the purposes of installing the Facilities, furnish the Site Host with a valid certificate of such insurances. Site Host acknowledges that Company may self-insure all or part of its insurance obligations hereunder.

8.2 THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE FACILITIES AND/OR THE EVSE, WHETHER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Neither by inspection or non-rejection nor in any other way does the Company give any warranty, expressed, or implied as to the adequacy, safety or other characteristics of any equipment, wiring or devices, installed on the Site.

8.3 The Company shall be excused from performance and shall not be liable in damages or otherwise if and to the extent that it shall be unable to do so or prevented from doing so by statute or regulation or by action of any court or public authority having or purporting to have jurisdiction in the premises; or by loss, diminution, or impairment of electrical service from generating plants or suppliers or the systems of others with which it is interconnected; or by a break or fault in its transmission or distribution system; failure or improper operation of transformers, switches, or other equipment necessary for electric distribution; or by reason of storm, flood, fire, earthquake, explosion, civil disturbance, labor dispute, act of God, or public enemy, failure of any supplier to perform, restraint by any court or regulatory agency, or any other intervening cause, whether or not similar thereto; the Company shall use reasonable efforts under the circumstances to overcome such cause and to resume full service. The Site Host shall be excused from performance and shall not be liable in damages or otherwise to the extent any delay or failure of the Site Host to perform its contractual obligations hereunder is due to conditions or circumstances which are beyond its control, including by reason of storm, flood, fire, earthquake, explosion, civil disturbance, labor dispute, act of God, or public enemy.

8.4 Unless there is negligence on the part of the Company, the Company shall not be liable for damage to the person or property of the Site Host or any other persons resulting from the use of electricity or the presence of the Company’s Facilities on the Site. In any event, the Company shall not be liable in contract, in tort (including negligence and G.L. c. 93A), strict liability or otherwise for any special, indirect, or consequential damages whatsoever including, but not limited to, loss of profits or revenue, loss of use of equipment, cost of capital, cost of temporary equipment, overtime, business interruption, spoilage of goods, claims of customers of the Site Host or other economic harm resulting from the Facilities, Company’s work at the Site or Site Host’s participation in the Program.

9.0 Electric Distribution Terms and Conditions

This Agreement is subject to and shall be governed by, to the extent applicable, by the Company’s “Terms and Conditions – Distribution Service”, as approved by the DPU from time to time, and shall further be governed by, and construed and enforced in accordance with, the internal laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law. Any action brought with respect to this Agreement shall be brought in, and the sole place of venue and jurisdiction for said action shall be in Boston, Massachusetts. governed by the laws of the state of Massachusetts.

10.0 Other

10.1 Site Host agrees to grant permission to Company and its data processing vendor to receive all required data recorded on EVSE from the EV Network provider monthly for at least four (4) years from the In- Service Date.

10.2 Upon Company’s request, Site Host shall participate in a Customer Satisfaction Survey conducted by the Company following the installation of the Facilities, at no cost to the Site Host.

11.0 Terms of Agreement

11.1 This Agreement embodies the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior negotiations, agreements and understandings, written or oral, formal or informal, all of which are deemed to be merged herein. No provision of this Agreement be supplemented, terminated, modified, or waived except by a writing signed by both Parties.

11.2 Any notice or other communication authorized, required, or desired to be given under this Agreement shall be in writing and delivered by hand against receipt, by first class certified mail, postage prepaid, return receipt requested, by express mail or express courier service providing proof of delivery, or by electronic transmission providing confirmation of receipt, if addressed to the party intended to receive the same to the address or e-mail address set forth below:

If to Site Host:

U.S. General Services Administration

10 Causeway St., Boston, MA 02222

Attn: Karen Curran

Telephone Number: _

Email Address:

If to Company:

NSTAR Electric Company d/b/a Eversource Energy 247 Station Drive SE210 Westwood, Massachusetts 02090 Attn: EV Make Ready Program Email Address: MAEVcharging@eversource.com

All such notices shall be deemed to have been duly given on (i) the date of receipt if delivered by hand, if sent by express courier service or sent by electronic transmission (with a confirmation copy sent by first class mail) or (ii) the earlier of the date of receipt and the date of first attempted delivery by the U.S. Postal Service, if transmitted by mail as aforesaid. Either Party may change the address to which any such notice, report, demand, request or other instrument or communication to such party is to be delivered or mailed, by giving written notice of such change to the other parties, but no such notice of change shall be effective unless and until received by such other parties.

11.3 All exhibits to this Agreement are hereby incorporated by this reference into this Agreement.

11.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. The captions contained in this Agreement are for convenience of reference only and shall not affect the construction to be given to any of the provisions hereof.

11.5 Neither Party shall be permitted to assign its rights or obligations under this Agreement; however, the provisions of this Agreement shall be binding on, and inure to the benefit of, the respective successors and successors in title of the Parties.

Attn K C

S . . SSU.

ministration

By:

Glenn Rotondo

11.6 No employee, officer, director, stockholder, manager, member or any person or entity in any way affiliated with either Party shall have any personal liability with respect to this Agreement, any instrument delivered by such Party, or the transaction contemplated hereby, nor shall the property of any such person or entity be subject to attachment, levy, execution, or other judicial process.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as a sealed instrument by their respective duly authorized representatives, as of the date first above written.

NSTAR ELECTRIC COMPANY

d/b/a Eversource Energy

By:

Name:

Title: Program Manager, Electric Mobility

SITE HOST

Name:

Title: Regional commissioner

PROPERTY OWNER (if different)

By:

Name:

Title:

CRA

Christopher Andrade 12-22-2023

EXHIBIT A – LIST OF COVERED SITES FOR EV SITE HOST AGREEMENT

EXHIBIT B – DESIGN SKETCH (ATTACHED)

EXHIBIT C – PRE-APPROVAL LETTER (ATTACHED)

EXHIBIT D – FORM OF EASEMENT (ATTACHED, IF NECESSARY)

EXHIBIT A

LIST OF COVERED SITES FOR EV SITE HOST AGREEMENT

U.S. General Services Administration

1. 10 Causeway St, Boston, MA 02114 2.

3.

4.

5.

DEPARTMENT OF PUBLIC UTILITIES

D.P.U. 21-90 December 30, 2022

Petition of NSTAR Electric Company d/b/a Eversource Energy for approval of its Phase II Electric Vehicle Infrastructure Program and Electric Vehicle Demand Charge Alternative Proposal.

D.P.U. 21-91

Petition of Massachusetts Electric Company and Nantucket Electric Company, each d/b/a National Grid, for approval of its Phase III Electric Vehicle Market Development Program and Electric Vehicle Demand Charge Alternative Proposal.

D.P.U. 21-92

Petition of Fitchburg Gas and Electric Light Company d/b/a Unitil for approval of its Electric Vehicle Infrastructure Program, Electric Vehicle Demand Charge Alternative Proposal, and Residential Electric Vehicle Time-of-Use Rate Proposal.

APPEARANCES: Ashley Marton, Esq.

Michael Hershberg, Esq.

Keegan Werlin LLP 99 High Street, Suite 2900 Boston, Massachusetts 02110

FOR: NSTAR ELECTRIC COMPANY

Petitioner, D.P.U. 21-90 Limited Participant, D.P.U. 21-91; D.P.U. 21-92

D.P.U. 21-90; D.P.U. 21-91; D.P.U. 21-92 Page

Bonnie Raffetto, Esq.

National Grid 40 Sylvan Road Waltham, Massachusetts 02451

-and-

John Habib, Esq.

Keegan Werlin LLP 99 High Street Boston, Massachusetts 02110

FOR: MASSACHUSETTS ELECTRIC COMPANY AND

NANTUCKET ELECTRIC COMPANY

Petitioner, D.P.U. 21-90 Limited Participant, D.P.U. 21-90; D.P.U. 21-92

Matthew Campbell, Esq.

Patrick Taylor, Esq.

Unitil Service Corp.

6 Liberty Lane West Hampton, New Hampshire 03842

FOR: FITCHBURG GAS AND ELECTRIC LIGHT

COMPANY

Petitioner, D.P.U. 21-92

Maura Healey, Attorney General Commonwealth of Massachusetts By: Jessica Freedman

Jacquelyn Bihrle Shannon Beale Assistant Attorneys General

Office of Ratepayer Advocacy One Ashburton Place Boston, Massachusetts 02108

Intervenor, D.P.U. 21-90; D.P.U. 21-91; D.P.U. 21-92

Sarah McDaniel, Esq.

Colin Carroll, Esq.

Ben Dobbs, Esq.

Robert Hoagland, II, Esq.

Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, Massachusetts 02114

Jerrold Oppenheim, Esq.

57 Middle Street Gloucester, Massachusetts 01930

FOR: THE LOW-INCOME WEATHERIZATION AND

FUEL ASSISTANCE PROGRAM NETWORK

Intervenor, D.P.U. 21-91

Staci Rubin, Vice President, Environmental Justice Conservation Law Foundation 62 Summer Street Boston, Massachusetts 02110

Nicholas Krakoff, Esq.

27 North Main Street Concord, New Hampshire 03301

FOR: CONSERVATION LAW FOUNDATION

Elisa Grammer, Esq.

47 Coffin Street Ratepayer Advocates 47 Coffin Street West Newbury, Massachusetts 01985

-and-

Ralph Child 11 Waverly Street, Unit 1 Brookline, Massachusetts 02445

FOR: GREEN ENERGY CONSUMERS ALLIANCE

Intervenor, D.P.U. 21-90; D.P.U. 21-91

Sarah Krame The Sierra Club 50 F Street Northwest, Eighth Floor Washington, D.C. 20001

Stephen Linsky, Esq.

P.O. Box 525 Easthampton, Massachusetts 01027

FOR: NATURAL RESOURCES DEFENSE COUNCIL,

THE SIERRA CLUB, UNION OF CONCERNED

SCIENTISTS

Robert Ruddock, Esq.

Ruddock Law Office 436 Pleasant Street Belmont, Massachusetts 02478

FOR: ELECTRIFY AMERICA

Rebecca Zachas, Esq.

Audrey Eidelman Kiernan, Esq.

KO Law, P.C.

1337 Massachusetts Avenue, P.O. Box 301 Arlington, Massachusetts 02476

FOR: THE CAPE LIGHT COMPACT JPE

Intervenor, D.P.U. 21-90

Bernice Corman, Esq.

Bicky Corman Law PLLC 1250 Connecticut Avenue, Northwest, Suite 700 Washington, D.C. 20036

FOR: TESLA, INC.

Intervenor, D.P.U. 21-90; D.P.U. 21-91; D.P.U. 21-92

FOR: EVGO SERVICES LLC

Jesse Reyes, Esq.

Jed Nosal, Esq.

Womble Bond Dickinson LLP 470 Atlantic Avenue Boston, Massachusetts 02210

FOR: FREEWIRE TECHNOLOGIES INC.

Todd Griset, Esq.

Steven Hudson, Esq.

Preti Flaherty Beliveau & Pachios, LLP P.O. Box 1058, 45 Memorial Circle Augusta, Maine 04332

R. Benjamin Borowski, Esq.

Preti Flaherty Beliveau & Pachios, LLP One City Center Portland, Maine 04101

FOR: CHARGEPOINT, INC.

Cloe Pippin, Esq.

Kevin Conroy, Esq.

Foley Hoag LLP 155 Seaport Boulevard Boston, Massachusetts 02210

FOR: GLOBAL PARTNERS LP

Laura Olton, Esq.

LSO Energy Advisors, LLC 38 Thackeray Road Wellesley, Massachusetts 02481

FOR: ZECO SYSTEMS, INC.

TABLE OF CONTENTS

I. INTRODUCTION AND PROCEDURAL HISTORY 1

II. BACKGROUND 7

III. ELECTRIC VEHICLE PROGRAM PROPOSALS 10

A. Description of the Proposals 10

1. NSTAR Electric 10

a. Overview 10

b. Make-Ready and EVSE Incentive Proposal 11

c. Equity Pilot Proposals 15

d. Other Supporting Proposals 15

2. National Grid 17

a. Overview 17

b. Make-Ready and EVSE Incentive Proposal 17

c. Expanded Off-Peak Charging Rebate Proposal 23

d. Other Supporting Proposals 23

3. Unitil 25

a. Overview 25

b. Make-Ready and EVSE Incentive Proposal 25

c. Other Supporting Proposals 26

B. Positions of the Parties 27

1. Introduction 27

2. Make-Ready and EVSE Incentive Proposal 27

a. General Issues 27

i. Program Funding Prioritization 27

(A) Attorney General 27

(B) Other Intervenors 33

(C) NSTAR Electric and National Grid 37

(D) Unitil 41

ii. Program Term 43

(A) Attorney General 43

(B) Other Intervenors 44

(C) NSTAR Electric and National Grid 44

(D) Unitil 45

iii. Budget Flexibility 46

(A) Attorney General 46

(B) Other Intervenors 46

(C) NSTAR Electric and National Grid 46

iv. Eligibility Requirements 47

(A) Attorney General 47

(B) Other Intervenors 48

(C) NSTAR Electric and National Grid 49

(D) Unitil 50

v. Proprietary Charging Networks 51

(A) Attorney General 51

(B) Other Intervenors 51

(C) NSTAR Electric and National Grid 53

vi. Networking 54

(A) Attorney General 54

(B) Other Intervenors 54

vii. Data Issues 54

(A) Attorney General 54

(B) Other Intervenors 55

viii. Strategic Deployment of EV Chargers 56

(A) Intervenors 56

ix. Program Neutrality 57

(A) Intervenors 57

b. Specific Issues 57

i. EV EMS for Public and Workplace Offering 57

(A) Attorney General 57

(B) Other Intervenors 58

(C) NSTAR Electric and National Grid 60

ii. National Grid Level 1 Charger Offering 60

(A) Intervenors 60

(B) National Grid 61

iii. Unitil Fleet Make-Ready Offering 61

(A) Intervenors 61

(B) Unitil 61

iv. NSTAR Electric Coordination with Compact for Residential Offering 62

(A) Intervenors 62

(B) NSTAR Electric 62

v. National Grid Utility-Side Expansion Budget 63

(A) Attorney General 63

(B) National Grid 63

vi. Unitil Rebate Calculation 64

(A) Attorney General 64

(B) Unitil 64

vii. Co-Located Energy Storage Pilot 64

(A) Intervenors 64

viii. Default Pricing Arrangement for Public and Workplace Offering 65

(A) Intervenors 65

3. Environmental Justice-Related Proposals 66

a. EJ Community Targets and Incentives 66

i. Attorney General 66

ii. Other Intervenors 68

iii. NSTAR Electric and National Grid 69

iv. Unitil 70

b. NSTAR Electric Equity Pilots 70

i. Attorney General 70

ii. Other Intervenors 71

iii. NSTAR Electric 72

c. National Grid School Bus Rebate Program 73

i. Attorney General 73

ii. Other Intervenors 73

iii. National Grid 74

iv. NSTAR Electric 76

d. National Grid Utility-Owned DCFCs in EJ Communities 76

i. Attorney General 76

ii. Other Intervenors 76

iii. National Grid 77

e. NSTAR Electric EJ Community Charging Hub 78

i. Attorney General 78

f. Utility-Ownership of EVSE for MUDs in EJ Communities 78

i. Intervenors 78

4. Other Proposals 79

a. Workforce Development and Electrician Training 79

i. Attorney General 79

ii. NSTAR Electric and National Grid 80

iii. Unitil 80

b. Load Management 81

i. Attorney General 81

ii. FreeWire 84

iii. Electrify America 84

iv. CEP 85

v. NSTAR Electric and National Grid 85

vi. Unitil 86

c. Marketing and Outreach Plan 87

i. Attorney General 87

ii. Other Intervenors 88

iii. NSTAR Electric and National Grid 88

d. National Grid Off-Peak Charging Rebate Program 89

i. Attorney General 89

ii. Other Intervenors 89

iii. NSTAR Electric and National Grid 90

e. National Grid Pole-Mounted EVSE Program 91

i. Attorney General 91

ii. Other Intervenors 91

iii. National Grid 92

C. Analysis and Findings 93

1. Introduction 93

2. Compliance with D.P.U. 13-182-A 93

3. Make-Ready Rebates 97

a. Make-Ready Proposals 97

b. Unitil Make-Ready Rebate Calculation 101

c. EV Energy Management Systems 102

4. EVSE Rebates 104

a. Environmental Justice Communities 104

b. Public and Workplace Segment 111

c. Residential Segment 114

i. Residential One to Four-Unit Dwellings 114

ii. MUDs 118

d. Fleet Segment 120

5. Networking Rebates 121

6. Program Design Construct 122

a. EV Program Term 122

b. Outside Funding Requirements 124

c. Budget Flexibility 128

d. EJ Community Targets 131

e. Eligibility of Phase I…