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BayCAP2 <br /> <br /> <br /> <br />Bay Area Charge Ahead Project 2 - Approval to Proceed | July 30, 2014 | page 10 <br />I.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any <br />insurance policies or policy endorsements to the extent and within the time herein required, City may, at its <br />sole option exercise any of the following remedies, which are alternatives to other remedies City may have <br />and are not the exclusive remedy for Contractor’s breach: <br /> <br /> Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any <br />sums due under the Agreement; <br /> <br /> Order Contractor to stop work under this Agreement or withhold any payment that becomes due to <br />Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates <br />compliance with the requirements hereof; and/or <br /> <br /> Terminate this Agreement. <br /> <br />VIII. ABM Preventive Maintenance Program and Funding <br /> <br />The California Energy Commission requires that applications for funding under PON-13-606 “must <br />include a maintenance plan for continued reliable operation and unforeseen breakdowns of the electric <br />vehicle supply equipment.” (Application Guidelines, p. 9) To fulfill this requirement, the California EV <br />Alliance has negotiated a maintenance plan with ABM to cover Site Host charging stations for a two-year <br />period following their installation. (Note that the formal term of the CEC project is anticipated to be <br />from the date of execution of the CEC contract with the California EV Alliance through June 30, 2016.) To <br />cover Year 1 of the project period, ABM will donate (as local match) the entire value of the maintenance <br />plan based on its Manufacturers’ Suggested Retail Price (MSRP), which is $200 per charge port for the <br />year. In Year 2, ABM will discount the Plan by 50%, providing $100 per charge port as match, while CEC <br />funds will provide the balance of $100 per port to ensure continuity of maintenance across all charging <br />stations in the Project. The following chart outlines the funding commitments of ABM and the CEC: <br /> <br />BayCAP2 Maintenance Plan: Discount Pricing in Program Years 1 - 2 <br />Program Year Annual MSRP <br />Maintenance Plan <br />(per Charge Port for <br />quarterly inspection) <br />ABM Local Match <br />(50% discount for <br />BayCAP Quarterly <br />Plan) <br />Site Host <br />Contribution <br />CEC Funding % Discount to <br />Site Host <br />Year 1 $200 $200 $0 $0 100% <br />Year 2 $200 $100 $0 $100 100% <br /> <br />ABM Maintenance Scope of Work <br /> Software Monitoring: ABM will monitor on a daily basis the ChargePoint network software to <br />detect failure modes and promptly address the problem, either through software adjustments <br />or dispatch of a technician to the site, if authorized by the site host. <br /> Software Upgrades: ABM will work with ChargePoint to ensure rapid and seamless deployment <br />of software upgrades. <br /> Monitoring and re-programming of pricing: ABM will assist Site Hosts in monitoring (and re- <br />programming as necessary) their pricing approach to EV parking and charging services. <br /> Monitor and report key EVSE data: ABM will monitor and report key EVSE utilization data, <br />including charge session frequency, length, energy utilization, and payment history. <br /> <br /> Quarterly On-site Maintenance Scope of Work: An ABM technician will visit Site Host locations <br />in person on a quarterly basis to undertake the following maintenance activities: