SERVICES AGREEMENT
Ice Bear SPY #1 LLC d/b/a Thule Energy Storage
Ice Bear CoolData & Preventative Maintenance Services
Contract
On this __ day of. _______ , 20_, the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and Ice Bear SPY #1 LLC d/b/a Thule Energy Storage, a Delaware limited liability company authorized to do business in California ("Contractor," together with City refeITed to hereinafter as the "Parties," or, each, as a "Party"), mutually agree as follows:
1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perforn1 the work of the Ice Bear CoolData & Preventative Maintenance Services ("Services"). Contractor shall perforn1 the Services in accordance with the provisions and requirements of the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference.
2. Term. This Agreement shall be in effect from the date first written above (Effective Date) and shall end on the fifth (5th) anniversary from that date, unless otherwise tern1inated pursuant to the provisions herein.
3. Compensation. City shall pay Contractor for the perfonnance of the CoolData & Preventative Maintenance Services during the initial tenn of this Agreement a Contract Price not to exceed $49,950.00 per year over the tenn of the Agreement. City, at its discretion, may request Contractor to perfonn additional Break-Fix Services at rates shown in Exhibit "B" Section 1.2.
City shall pay Contractor for Services perfonned to City's satisfaction on a monthly basis in accordance with the provisions of the Compensation Schedule attached hereto as Exhibit "B" and incorporatedherein by this reference. If the term of the Agreement is extended, Contractor's compensation forthe extended tem1 shall be mutually agreed upon in writing by the parties.
4. General Compliance with Laws . Contractor shall keep fully inforn1ed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the perfonnance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.
5. Business Tax Certificate. As a condition of this Agreement , Contractor shall secure a business tax certificate to operate in the City of Riverside pursuant to Chapter 5.04 of the Riverside Municipal Code, and shall also secure any other licenses or permits which may be required.
6. Business Tax and Penalties. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or which becomes owed, by Contractor to City, City reserves the right to withhold and offset said amounts to the extent undisputed by Contractor in good faith from any payments, refunds or reimbursements owed by City to Contractor under the Agreement. Notice of such withholding and offset shall promptly be given to Contractor by City inwriting . In the event of a dispute as to the amount owed or whether such amount is owed to City,City will hold such disputed amount until either the appropriate appeal process has been completedor until the dispute has been resolved .
7. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their perfonnance and compensation. The key personnel are listed in Exhibit "D," attached hereto and incorporated herein by reference. Contractor shall furnish qualified personnel to perfom1 the Services.
8. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party . In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the paiiies. Contractor acknowledges that any assignment may, at the City's sole discretion, require City Manager and/or City Council approval. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set fotih in Section 11. The Contractor acknowledges and agrees that the City is an intended beneficiary of any work perforn1ed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
9. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Contractor, or to Contractor's employees, subcontractors and agents. Contractor, as.an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer.
10. Indemnification . Contractor shall indemnify and hold hannless the City, and the City's employees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, agents or including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the City and the City's employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Contractor's indemnification of City. Contractor's obligations hereunder shall be satisfied when Contractor has provided to City the appropriate fonn of dismissal ( or similar document) relieving the City from any liability for the action or claim involved . The specified insurance limits required 2 in this Agreement shall in no way limit or circumscribe Contractor's obligations to indemnify and hold hannless the City.
11 . Insurance .
I I. I General Provisions. Prior to the City's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the tem1 of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law .
11.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 10 hereof. 11 .1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement , unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.
11.1.3 Cancellation. The policies shall not be canceled unless thitty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
11 .1.4 Adequacy . The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor . If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor's sole expense.
11.2 Workers' Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3 700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work . Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement , Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary ce1iificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
11 .3 Commercial General Liability and Automobile Insurance . Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the tenn of this Agreement, commercial general liability insurance and automobile liability insurance as 3 required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor.
The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor's insurance policies .
11.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
11.3.2 Contractor's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor's performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor's employee vehicles, non-Contractor owned vehicles and hired vehicles.
11.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual fo1111 of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
11.3 .4 The insurance policy or policies shall also comply with the following prov1s1ons:
a. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services.
The retroactive date of coverage must also be listed.
b. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
12. Termination.
12.1 The City shall have the right to tenninate any or all of Contractor's Services and work covered by this Agreement at any time upon thi1ty (30) calendar days' written notice to Contractor; provided, however, that, in case of early 4 tem1ination, City will reimburse Contractor for all unpaid labor costs for all services rendered by Contractor for Preventative Maintenance and Break-Fix services authorized by the City, at the hourly Break-Fix costs enumerated in Exhibit "B" Section 1.2. In the event of such termination, Contractor shall submit Contractor's final written statement of the amount of services provided as of the date of such termination for payment by the City.
Notwithstanding the foregoing, the City may tem1inate Contractor's perfom1ance of this Agreement upon fifteen (15) calendar days' written notice if:
(1) Contractor fails to promptly begin perforn1ance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues perfonnance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of apublic authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a prov1s10n of this Agreement;
(7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a generalassignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any right, title, orinterest in or to this Agreement. Upon that person's appointment, City has,at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.
12.2 Prior to issuing a tern1ination notice pursuant to Section 12.1, City, at its discretion, may issue a written complaint notice, in which Contractor shall have a 30-day cure period following City's written complaint notice to address City's stated concerns.
13. Non-Discrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestly, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information , gender expression, sex or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Contractor agrees to confonn to the requirements of the Americans with Disabilities Act 5 in the perfomrnnce of this Agreement.
14. City's Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. If the City is required to employ another contractor to complete Contractor's work, due to the failure of the Contractor to perfonn, or due to the breach of any of the provisions of this Agreement , the City reserves the right to seek reimbursement from Contractor.
15. Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit "C" , represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the above-described Services. Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.
16. Solicitation. Contractor watTants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to tenninate this Agreement without liability and pay Contractor only for the value of work Contractor has actually perfom1ed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
17. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations and implemented by Resolution No. 13346 of the City Council of the City of Riverside . The Director's determination of prevailing wage rates is available on-line at www .dir.ca.gov /dlsr/DPreWageDetermination.htm, and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725 .5 and 177 I. I requiring all general contractors and subcontractors to be registered with DIR. Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov /Public Works /PublicWorks .html.
18. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:
To City
City of Riverside Public Utilities
City of Riverside
Attn: Al Zelinka, City Manager
3900 Main St.
Riverside, CA 92501
6 To Contractor
Thule Energy Storage
Attn: Evan Berger, Chief Operating
Officer
3396 Sunland Way
Costa Mesa, CA 92626
19. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the pat1ies hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
20. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement , nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.
21. Severability. Each provision, tem1, condition, covenant and/or restriction, in whole and in pat1, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declaredinvalid, unconstitutional, or void for any reason , such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.
22. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.
23. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the tenns and conditions hereof and thereof. 24 . Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the tenns of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. [SIGN A TURES ON FOLLOWING PAGE.]
7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIVERSIDE, a California
charter city and municipal corporation
By : __________ _
City Manager
Attest: ___________ _
City Clerk
Certified as to Availability of Funds
By:----------
CFO/Treasurer
Approved as to Fo1111:
8 Ice Bear SPV #1 LLC d/b/a Thule Energy
Storage, a Delaware limited liability
company authorized to do business in
California
Cvs<- ~V By: __________ _
Evan Berger
[Printed Name]
Chief Operating Officer
[Title]
Evan Berger
[Printed Name]
Chief Operating Officer
[Title]
EXHIBIT "A"
SCOPE OF SERVICES
Services not expressly set forth in this Exhibit "A" are excluded .
Section 1.1 CoolData & Preventative Maintenance Services - Coo!Data subscription provides access to Dashboard that tracks up to 22 separate data points on a on intervals ranging from I minute to I 5-minute basis . The dashboard enables a transparent view of the Ice Bears' operation and has alanning functions to enable proactive troubleshooting of any issues.
City's subscription includes unlimited logins to users with a riversideca .gov email address and to any other qualified users as deemed by City.
Preventative Maintenance visits include TES 's I 4-step checklist to ensure Ice Bear is operating at peak efficiency . Service visits are intended to perform corrective action to Ice Bears if and as needed by service request; also can be used to prepare for the cooling season. All Preventative Maintenance and Service visits are perfonned by a licensed and certified technician with extensive training on Ice Bear operations .
Services Annual Annual cost per Notes Visits Ice Bear
CoolData Platform + See Exhibit "B" One Preventative Maintenance Preventative Maintenance I Section I . I visit per year Section 1.2 Break-Fix Service - Break-Fix services, decommissioning services , standard, and non standard replacement are also considered part of the Scope of Services , and the compensation schedules are laid out in Exhibit "B" Section 1.2.
If Contractor identifies a potential problem with an Ice Bear, Contractor will contact and seek approval from City Staff prior to dispatching a technician to a site listed in Exhibit "C" to take appropriate action . City Staff will authorize Break-Fix service request based on available budget.
Contractor will promptly notify City staff of any required part replacement or repair work ("Repair Work"). Contractor will provide scope of work and cost estimate for Repair Work and upon approval from City staff, Contractor will perfom1 the necessmy Repair Work .
Section 2.1 CoolData Graphical Interface
CoolData Dashboard- Remote Monitoring
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■ 22 data points monitored on each
Ice Bear at 5-minute intervals to
ensure proper operations and
allow for maximum uptime
capacity.
■ Alarming to identify potential
break-downs and notify TES
service department in real time
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... i
i't,'.,'fi..:... . .__, ____ -~~~-- --•-.;.i,'Jl.,._i:).~ t~;.,1 i: .1.~1 lcl¼ lt W !I V~r ~1~,;. li ~tl . 1, V.ri • Enables TES techs troubleshoot
and gather information before
coming to site. This allows the
technicians to have the correct
components with them when
they arrive on site.
AC unit UEing ttie Ice Bear
To rnti l l hl! space 3t 55 degrees
Ice Bea r chargln,g :t night lcE Be.or provid ing cool ing • Access to historical data to review
Ice Bear-specific performance.
c;ootData Dashboard - Schedule view
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.S.unnrnur S~.;:ir.1t:· :_;.-1
1113
S 1jff!!1t·'fi1'lt
,,..,ltC.,•,11 .I! I : IIJUEJ . ODD . i~ "f1 Ji
~-~ 11 c,~'"' z llltiil.UDtDDDIDIDill -,c n
• Make: Ice Bear compre ssor runs to make fee in the tank (~p};J ..tt t fJil,11~
·Sho,rf N.!i1n11.:. i!l":{)'l::i!t.l'.
\Wirim~1•S!.i1l't;' 11-Jc
Wint.«.:., f;and. ~~"-'
• Crit : the hours that, by contract, the Ice Bear discharges to offset load • Melt: ff there rs additional ice left in t he Ice Be~r at the end of the Crit period, the Ice Bear can be set to contin ue discharging and offset AC load during th ese hours Section 2.2 CoolData Dashboard - Points List
Power and utility data:
1. IO.DRld: DR Asset 1 Status
2. RS.KOl: Circuit 1 kW Offset
3. RS.KO2: Circuit 2 kW Offset
4. IO.OAt: Ambient Outside Temp
O&M and system operation data:
5. Al.CPd: Al Target Compressor Status
6. A2.CPd: A2 Target Compressor Status
7. Al.RAt: Al Return Temp
8. Al.SAt: Al Supply Temp
9. A2.RAt: A2 Return Temp
10. A2.SAt: A2 Supply Temp
11. IO.CPw: 1B Compressor Work
12. IO.SYw: 1B System Work
13. IO.SYp: 1B System Pressure
14. IO.TWt: 1B Tank Water Temp
15. IO.WSt: IB Wet Suction Temp
16. IO.CSt: IB Compressor Suction Temp
17. IO.CLt: IB Condenser Liquid Temp
18. IO.CBt: IB Cabinet Temp
19. IO.CSp: IB Compressor Suction Pressure
20. IO.Zld: IB Zone 1 Call for Cooling (CFC)
21. IO.Z2d: IB Zone 2 Call for Cooling ( CFC)
22. IO.Slit: Superheat Temp
Section 3.1 Annual Preventative Maintenance Service Visit Checklist Every Ice Bear Preventative Maintenance visit undergoes the following 14-step process, for each unit:
I. Visually inspect overall system (look for leaks, damaged coils, piping & insulation issues)
2. Ensure tank lids are tight and have grease added
3. Verify CDC configuration, melt and make schedules, return air temp. & supply air temp. sensors
4. Cycle Ice Bear through all modes
5. Verify that pressures, temperatures, and currents are all in range
6. Check all electrical connections (Coo!Data Controller board, control box, all tenninals)
7. Inspect condenser fan motor blades
8. Verify all pump operation for water pump and refrigerant pump
9. Check water level and top off tank as needed
IO. Verify capacitor and contactor operation
11. Add treatment tabs to water heat-exchanger tank
12. Clean condenser coil
13. Clean out Ice Bear cabinet
14. Inspect ice evaporator coils & condensate
Section 3.2 Preventative Maintenance Report - Contractor shall perform Preventative Maintenance services pursuant to Exhibit A Section 1.1 and Section 3.1. Upon completion of services on the Ice Bears, Contractor must provide proof of completion of services by submitting the Ice Bear Preventative Maintenance Report in Figure I included at the end of Exhibit A to City for verification.
Section 3.3 Maintenance Schedule - No later than ten (I 0) days after the Effective Date and each anniversary date of the Effective Date, Contractor shall provide to City an annual maintenance schedule showing the number oflce Bears to be serviced in each month of the applicable year. The maintenance schedule is non-binding but will be Contractor's best estimate .
Figure 1.
IF* ;
'THUL.E ENERGY STORAGE
Ice Be,~r P..lllmlll Preventi:re Mamte11an,:e
M:tmi.cipality: D1ue:
Site Name: Senice Tech:
Address:
Ice Bear Serial Number:
Ice Bear Mo-del:.
Chttk:List Check Box
Vi·n.mlly fuspe,:t overnll sv,tem (Look for leak,, ch:unaged coih. piJ)il~e: & ililst.datio1(f Ensm;; tank lid; m-e right and h:.n·e irrea,ed ar.kled
Verifr CDC ,coilfigurntior;, m.elt :mc:l. m:tl,;.e scli,eclule,., rnt & &:lit sensors C'rde-ke Bea:r through. all mo,les
Vecifv p;ressmes, remperntures.. tmd currents ar-e al! in rnnge Ched: aH dectrical COil:llecrious {CDC b-001,d. control box. al! tenuim.!sj I!isµect c-cnd:erlser ffill motor bhtdes
Verify ail pump operation (wMer 1mmp aud.refii12:erantptlll:llJJ Ched: water lerel :md top off taul-:
Verify ,capacitor and t ontactor operat~on
Add treatlllent tab~
Clean conden~er .coil
Clean out Ice Bear rnhin et
?{ote~ <1ncl Recommend P..epain
EXHIBIT "B"
COMPENSATION
Section 1.1 CoolData & Preventative Maintenance Services Services Annual Annual cost per Notes Visits Tee Bear
CoolData Platform + One Preventative Maintenance
Preventative Maintenance I $450 visit per year
Section 1.2 Break-Fix Services
A. Break-Fix services authorized by the City will be charged at $270 per site visit, for up to first two hours of labor, plus any material costs for Standard Patt replacements.
B. Any additional Break-Fix services authorized by the City will be charged at $180 per hour per technician labor, plus any material costs for Standard Part replacements.
C. Any Non-Standard Part replacements, including labor, will be charged as detailed in the table below.
The CoolData & Preventative Maintenance services, Break-Fix services, and decommissioning services labor rates are fixed over the tenn of the Agreement.
Contractor shall be compensated based on the number of Ice Bears the Contractor perfonns Preventative Maintenance services each month .
Break-Fix services to be invoiced and paid separately from the monthly CoolData & Preventative Maintenance Services compensation .
Standard Part Replacement:
A. All standard parts (e.g., those that can be purchased at a hardware store) will be provided at Cost.
Non-Standard Part Replacement:
All Non-Standard Parts will be furnished and installed at the following rate:
Ice Bear Part Cost to Replace
(Fully Installed including
labor)
Refrigerant Pump $785 .50
Inverter $530 .00
Water Pump $640.50
Compressor $3,000 .00
Solenoid $800.00
Solenoid Coil $400.00
Condenser Coil $1,915 .00
Condenser Fan $500.00
Condenser Fan Capacitor $350.00
Compressor Capacitor $400.00
CooData Interface Module $405.00
(CIM) Board
Coo!Data Controller (CDC) $1,220.00
Electronic Expansion Value $800.00
(EEV)
480-240 Transfonner $850.00
24v Transformer $450 .00
A to D sensors $350.00
Phase Protector $450.00
Current Transducer $450.00
Pressure Transducer $400.00
High Pressure Switch $350.00
Crank Case Heater $400.00
Network Communications Kit $1,600 .00
(NCK)
Exhibit "C"
COMMISSIONED SITES
Ice Bears covered under Agreement, as of date of execution:
Business Ice Bear Name Address
1 220 Laboratories 2375 Third Street Al 2375 Third Street 2 Applebee's 3 820 Mulberry St A 1 3820 Mulberry St
3 Applebee's 3820 Mulberry St A2 3820 Mulberry St
4 Arlington Library IB-A1_9556_Magnolia Ave_B001228 9556 Magnolia Ave 5 Arlington Library IB-A3 9556 Magnolia Ave B001230 9556 Magnolia Ave 6 Arlington Library IB-A2 9556 Magnolia Ave B001229 9556 Magnolia Ave 7 BMW Motorcycles of Riverside IB-Al-2-3 7740 Indiana Ave 8 Bordwell Park 2008 Martin Luther King A 1 2008 Martin Luther King Blvd
9 Bordwell Park 2008 Matiin Luther King A2 2008 Martin Luther King Blvd
10 Bryant Park (Arlanza 7950 Philbin Ave Bryant Park 7950 Philbin Ave Community Center) 11 CA Construction 981 Towa A venue A 1 981 Towa Avenue 12 Cal Baptist - Post Building Al- PAPA -3570 ADAMS 3570 Adams 13 Canyon Crest Athletic Club 5225 Canyon Crest Drive Al 5225 Canyon Crest Drive 14 Canyon Crest Athletic Club 5225 Canyon Crest Drive A2 5225 Canyon Crest Drive 15 Canyon Crest Athletic Club 5225 Canyon Crest Drive A3 5225 Canyon Crest Drive 16 Canyon Crest Athletic Club 5225 Canyon Crest Drive A4 5225 Canyon Crest Drive 17 CBU - Simmons Hall IB-Al - Papa 8432 Magnolia Ave
18 CBU - Simmons Hall IB-B1 - Papa 8432 Magnolia Ave
19 CBU - Simmons Hall IB-A2 8432 Magnolia Ave
20 CBU - Simmons Hall IB-B2 8432 Magnolia Ave
21 CBU Van Dyne Gym Cal Baptist A 1 - Van Dyne Gym CBU-20861 8432 Magnolia Ave University 22 CBU Van Dyne Gym Cal Baptist A2 -Van Dyne Gym CBU-20877 8432 Magnolia Ave University 23 CBU Van Dyne Gym Cal Baptist A3 - Van Dyne Gym CBU-20870 8432 Magnolia Ave University 24 CBU Van Dyne Gym Cal Baptist A4 - Van Dyne Gym CBU-20866 8432 Magnolia Ave University 25 Champion Lumber 1313 Chicago Ave Al 1313 Chicago Ave 26 Champion Lumber 1313 Chicago Ave A2 1313 Chicago Ave 27 Champion Lumber 1 3 13 Chicago Ave A3 1313 Chicago Ave 28 Corporate Yard Al - PAPA 8095 Lincoln Ave .
29 Danze Industries 5867 Jasmine St Al 5867 Jasmine St
30 Danze Industries 5867 Jasmine St A2 5867 Jasmine St
31 Danze Industries 5867 Jasmine St A3 5867 Jasmine St
32 Danze Industries 5867 Jasmine St A4 5867 Jasmine St
33 Danze Industries 5867 Jasmine St AS 5867 Jasmine St
34 Danze Industries 5867 Jasmine St A6 5867 Jasmine St
35 Danze Industries 5867 Jasmine St A7 5867 Jasmine St
36 Danze Industries 5867 Jasmine St A8 5867 Jasmine St
37 Danze Industries 5867 Jasmine St A9 5867 Jasmine St
38 Elwir (Buds Tires) Al 8651 Indiana Ave B001233 8651 Indiana Ave 39 Fritts Ford IBA2-6-8 8000 Auto Dr
40 Fritts Ford TBA3-3-4 8000 Auto Dr
41 Fritts Ford IB-Al-10-7 8000 Auto Dr
42 Fritts Ford Annex A-1 8002 Auto Center Drive 7990 Auto Drive 43 Fritts Ford Annex A-2 8002 Auto Center Drive 7990 Auto Drive 44 Fritts Ford Annex A-3 8002 Auto Center Drive 7990 Auto Drive 45 Furniture and Mattress 3380 Tyler St Al 3380 Tyler St 46 Furniture and Mattress 3380 Tyler St A2 3380 Tyler St 47 Furniture and Mattress 3380 Tyler St A3 3380 Tyler St 48 Furniture and Mattress 3380 Tyler St A4 3380 Tyler St 49 Furniture and Mattress 3380 Tyler St AS 3380 Tyler St 50 Furniture and Mattress 3380 Tyler St A6 3380 Tyler St 51 GAR LABS 1844 Massachusetts Ave A2 1844 Massachusetts Ave 52 GAR LABS 1844 Massachusetts Ave A I 1844 Massachusetts Ave 53 HERTZ Car Sales of Riverside Al - 7750 Indiana Ave 7750 Indiana Ave 54 Hyundai 8001 Auto Dr. Bldg. C Al 8001 Auto Dr. Bldg . C 55 Hyundai 8001 Auto Dr. Bldg. C A2 8001 Auto Dr. Bldg . C 56 Janet Goeske Center IB-A2 5257 Sierra Street B0012 5257 Sierra Street 57 Janet Goeske Center IB-A3 5257 Sie1Ta Street BOO 1240 5257 Sierra Street 58 Janet Goeske Center IB-A4 5257 Sierra Street BOO 1241 5257 Sierra Street - - - - 59 Janet Goeske Center IB-A 1 5257 Sierra Street BOO 12 5257 Sierra Street 60 Lee & Associ ates 3240 Mission Inn Avenue Al 3240 Mission Inn Avenue 61 Magnolia Police Department IB-A 1 10541 Magnolia Ave BOO 123 7 10540 Magnolia Ave 62 Malcolm Smith Motor Sports A2-7599 Indiana Ave 7599 Indiana Ave 63 Malcolm Smith Motor Sports A3-7599 Indiana Ave 7599 Indiana Ave 64 Malcolm Smith Motor Sports A4-7599 Indiana Ave 7599 Indiana Ave 65 Malcolm Smith Motor Sports A5-7599 Indiana Ave 7599 Indiana Ave 66 Malcolm Smith Motor Sports A6- 7599 Indiana 7599 Indiana Ave 67 Malcolm Smith Motor Sports Al-7599 Indiana Ave 7599 Indiana Ave 68 Mary Roberts Pet Adoption 6165 Industrial Ave A 1 6165 Industrial Ave Center 69 Mary Roberts Pet Adoption 6165 Industrial Ave A2 6165 Industrial Ave Center 70 Mary Roberts Pet Adoption 6165 Industrial Ave A3 6165 Industrial Ave Center 71 Mazda 8330 Indiana Ave A Al 8330 Indiana Ave A
72 Mazda 8330 Indiana Ave A A2 8330 Indiana Ave A
73 Nissan 8330 Indiana Avenue BA 1 8330 Indiana Avenue B 74 Nissan 8330 Indiana Avenue B A2 8330 Indiana Avenue B 75 Riverside Honda 8330 Indiana Ave BLDG C Al 8330 Indiana Ave Bldg C 76 Riverside Honda 8330 Indiana Ave BLDG C A2 8330 Indiana Ave Bldg C 77 Riverside Honda 8330 Indiana Ave BLDG C A3 8330 Indiana Ave Bldg C 78 Riverside Municipal Airport TB-A3 6951 Flight Rd 6951 Flight Road 79 Riverside Municipal Airport TB-A2 6951 Flight Rd 6951 Flight Road 80 Riverside Municipal Airport TB-A 1 6951 Flight Rd 6951 Flight Road 81 Sabert Corporation 860 Palmyrita Ave A 1 860 Palmyrita Ave 82 Sabert Corporation 860 Palmyrita Ave A2 860 Palmyrita Ave 83 Sigma Stretch Al 1565 Eastwood Ct. 1575 Omaha Ct
84 Sigma Stretch A2 1565 Eastwood Ct. 1575 Omaha Ct
85 Sigma Stretch A3 1565 Eastwood Ct. 1575 Omaha Ct
86 Singh Chevrolet IBA1-B001238 8200 Auto Drive
87 SoCal Gas 4495 Howard Ave Al 4495 Howard Ave
88 SoCal Gas 4495 Howard Ave A2 4495 Howard Ave
89 Sofa Plus 3666 Van Buren Blvd Al 3666 Van Buren Blvd 90 Superform 6767 Columbus St Al 6767 Columbus St
91 Trademark Cosmetics Al - 545 Columbia Ave - Trademark 545 Columbia Ave 92 Trademark Cosmetics A2 - 545 Columbia Ave - Trademark 545 Columbia Ave 93 University Village Bldg A 1201 University Ave Al 1201 University Ave 94 University Village Bldg A 1201 University Ave A2 1201 University Ave 95 University Village Bldg A 1201 University Ave A3 1201 University Ave 96 University Village Bldg A 1201 University Ave A4 1201 University Ave 97 University Village Bldg A 1201 University Ave AS 1201 University Ave 98 University Village Bldg A 1201 University Ave A6 1201 University Ave 99 University Village BLDG B 1201 University Ave Bl 1201 University Ave 100 University Village Bldg E 1201 University Ave El 1201 University Ave 101 University Village Bldg E 1201 University Ave E2 1201 University Ave 102 University Village Bldg E 1201 University Ave E3 1201 University Ave I 03 VFW Veterans of Foreign War - 10303 Arlington Ave Al 10303 Arlington Ave Post 9223 104 VFW Veterans of Foreign War - 10303 Arlington Ave A2 10303 Arlington Ave Post 9223 105 Victoria Club 2521 Arroyo Dr A I 2521 Arroyo Dr
106 Victoria Club 2521 Arroyo Dr A2 2521 Arroyo Dr
107 Villegas Park IB-30-A2 3091 Esperanza Ave .
108 Villegas Park TB-30-A 1 3091 Esperanza Ave.
109 Wayne's Engine Rebuilders 2200 Business Way Al 2200 Business Way I I 0 Wayne's Engine Rebuilders 2200 Business Way A2 2200 Business Way 111 Wicks Brewe1y 11620 Starling Ave Al 11620 Starling Ave EXHIBIT "D"
KEY PERSONNEL
Thule Energy Storage key staff members:
Evan Berger - Chief Operating Officer
Joe Raasch - Program Manager