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Home My WebLink AboutContract 35101COIVTR GRE�T� �', a�I C� 1 v EATQN ELECTRICAL INC. (FORMERLY EATON POWER QUALITY CORPORATION) Contract #: Coverage Peiiod: Contract Price: Contract Renewal Acceptance Form 244527 3/13/07 — 3/12/08 1 Year total price: $19,874.00 **Eaton Electrical Ina Terms and Conditions apply and are attached** Billing Information: City of I'ort Worth 5001 James Ave ATTN; Steve Read Fort Worth, TX 75115 Product/Site Tnfotznation: **�f' an� of this information is incorrect strike throu h�and correct to the side City of Poi�k Worth Enduser # 328657 Serial #BN345A0094 300U W Bolt Street Fort Woirth, "I'X 761(0 Brand: Exide Model: Plus 36 Contract Type; Proactive Service Plan Response Time: 8 HR Coverage: 7x24 1 UPS Preveniative Maintenance 7x24 City of Fort W�rth Enduser # 328657 Serial #EP ) 34ZBA43 3000 W Bolt Street Fort Wot�th, TX 76l ] 0 Brand; Exide Model; Ptus 50 Contract Type: Proactive Service Plan Response Time: 8 HR Covei�age: 7x24 I UPS Preventative Maintenance 7x24 City of Fort Worth Enduser # 328657 Serial #EV3I3ZBA04 300Q W Bolt Sq•eet Fort Worth, TX'16110 Brand: �xide Model: Plus 54 Contraet Type: Proactive Service Plan Response Time: 8 HR Cover2ge: 7x2�3 1 UPS Preventative Maintenance 7x24 City of Fort Worth Enduser # 3Z8658 5erial #EN424ZBA03 1000 Throckmorton Street Fort Worth, TX 7G102 Brand: Exide Model: Plus 80 Contract Type: Proactive Service Plan Response Time: 8 HR Coverage: 7x24 j'j J �' � �! � � .� �.. '`:: . �(• :`.��,I�IS ;s`,, �J�� 1�L�::, �� .'��'1.�1'P!� �IL:. City of Fort Worth Enduser #328658 Serial #ET442ZBA01 1000 Throckmorton Street Fort Worth, Texas 76102 Brand: Exide Model: Plus 160 Contract Type: Proactive Service Plan Response Time: 8 HR Coverage: 7x24 lUPS Preventative maintenance 7x24 To renew your contract immediately, please review the above information far accuracy then send the following information to the address specified below. Purchase Order Number Site Contact Information: Approval Recommended: Date City of Fort Worth Transportation & Public Works Dept. Attn: Steve Read 5001 James Ave. Fort Worth, TX 76115 817-392-6995 Steve.Readnfortworth o� v.org �� Robe Goode, P. E., Director Transportation and Public Works ATTEST: I Y \ Marty Hen rix �—s-�= City Secretary �j� ��'� ��J�� E ON ELE C By: � Signature CITY OF FORT WORTH B: � � �Vlarc A. - Assistant City Manager to Form and Legality: City Attorney Darrick S. Finan Name US COMMERCIAL SALES MANAGER L�/l�/�u�7 Title Date -,� � o.,� �,.�. �,; � �;��1��.;1,`�'�.l ��:�;:,u�o �, ^,� a �,,��s r, 'v'��1� ��t�i��lj,?�r ��"�'�� ;�'I�i �'�G�� F:l �k: *Important tax notice: Tax is not included in the above purchase price. The City of Fort Worth is tax exempt and shall provide a copy of a current tax exemption certificate upon request. Please complete and return this form immediately either by mail or fax to: Eaton Electrical Inc. (Federal Tax ID 34-1756467) C/O Engineered Computer Rooms, Inc. 10777 Sanden Drive Dallas, TX 75237 Phone: 214-292-5108 Fax: 214-553-0562 Make Payment to: Eaton Electrical Inc. P.O. Box 93531 Chicago, IL 60673-3531 EATON ELECTRICAL INC. (FORMERLY EATON POWER QUALTIY CORPORATION) SERVICE AGREEMENT - TERMS AND CONDITIONS T- 1. DEFINITIONS: As used in this Service Agreement: (1.1) "Power Module" shall mean the electronics portion of a UPS; (1.2) `Battery" s all mean the electric storage battery portion of a UPS; (1.3) Power System shall mean the Power Module and Battery; (1.4) "Proper" and all of its derivative forms shall mean in accordance with published Eaton specifications. (1.5) "Purchaser" or "Customer" shall mean the purchaser of this Service Agreement. (1.6) "Contractor" " shall mean Eaton Electrical Inc., formerly Powerware Corporation, a Delaware corporation, with its principal office located at 8609 Six Forks Road, Raleigh, NC 27615, 2. ELIGIBILITY: All equipment that has experienced a lapse in Contractor seivice coverage (or factory warranty coverage), or as had no service histo�y with Contractor wrthin the previous ninety (90) days, is subject to a Pre-Contract Survey (PCS) inspection by Contractor prior to eligibility for any serv�ce under th�s Agreement. Customer is subject to charges for this inspection seivice at Contractor's then cun�ent Time and Material Service Rate Schedule (Refer to Exhibit 1-PCS and Attachment X-1). 3. COVERED E(�UIPMENT: "Covered EquipmenY' shall mean the Power System equipment ]isted on the front page of the Contractor's Service Agreement, or on separate titled page incoiporated into this Agreement. If pre-conh•act inspection is required for eligibility, a list of Covered Equipment will be provided at that time and become incorporated into this Agreement. 4. HOURS OF SERVICE: Contractor will provide service during the Principal Period of Maintenance (PPM), which is defined as normal business hours (Monday - Friday, 8:00 AM to 5:00 PM, alternately described as "Sx8 service") excluding holidays as observed by Contractor. The Contracted Period of Maintenance (CPM) is the PPM along with any additional extended hours of coverage optionally purchased by Customer (alternately described as "7s24 service") and excludes all of Contractor's oUserved holidays for planned maintenance activities. Contractor's observed holidays are as follo��s: New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Post Thanksgiving Day, Christmas Eve Day and Christmas Day. 5. SCOPE OF SERVICES: . Response Time - Contractor will an-ive at the equipment's location within eight (8) CPM hours following Customer's request for remedial maintenance, provided the Installation Location is within one hundred (100) miles of a Contractor service location. If optionally purchased by Customer, Contractor will arrive at the equipment's location within four (4) or two (2) CPM hours following Customer's request for remedial maintenance, provided the Installation Location is within fifty (50) miles of a Contractor service location. Response time does not include battery replacement service. B. Start-Up Service — If optionally purchased by Customer, Contractor will provide Start-Up services during the CPM, for new or relocated equipment. Start-Up services will be limited to visual and mechanical inspections of the installation, elech-ical pre-checks, tnitial equipment energizations, verification of system operation, and user operational training as defined by Eaton. Eaton reseives the right to invoice Customer at prevailmg rates for delays or correction of condit�ons beyond the control of Conh•actor, including but not limited to: postponements, cancellation, or delays of work while in route to, or at equipment location, performance of service not covered by equipment wan•anty or other valid service agreement, con•ection of shipping or h•ansit damage, or con•ection of installation en•ors, except where Contractor has installed or supervised the installation of the equipment. Verification of remote co�nmunications functions is perfonned only if LAN or phone connection is available at time of installation. Refer to the following Attachments as applicable per equipment type: Attachment L-2; UPS Start-Up Scope of Work Attachment I-1; Intergy DC Power System Start-Up Scope of Wark Attachment PF2-1; PF2 Flywheel Start-Up Scope of Work Attachment PDU-1; PDU, RPP, STS, PDU-R, SBR, ISO-Trans, VR Start-Up Scope of Work C. Preventive Maintenance - If optionally purchased by Customer, Contractor will provide scheduled preventive maintenance. Scope of Preventive Maintenance will be based on equipment specific manufacturer recoinmendations. Contractoi's sole obligation will be to pj•ovide Customer with a sixty- (60) day period to schedule the Preventive Maintenance inspection, sixty (60) days prior to commencement of that period. Refer to the following Attachments as applicable per equipment type: Attachment R-2; UPS Preventive Maintenance Scope of Work Attachment I-2; Intergy DC Power System Prevent�ve Maintenance Scope of Work Attachment PF2-2; PF2 Flywheel Preventive Maintenance Scope of Work Attach�nent PF2-3; PF2 Flywheel Bearing Maintenance Scope of Work Attachment PF2-4; Flywheel Vacuum Pump Maintenance Scope of Work Attachment PDU-2; PDU, RPP, STS, PDU-R, SBR, ISO-Trans, VR Preventive Maintenance Scope of Work TD9 TM TD9 TD�I D. Po�verTrust , PowerTrust Preferred , PowerTrust Ultra and PowerTrust VALUE Service Plan - If optionally purchased by Customer, Conh�actor will provide preventive and con•ective service coverage. Refer to the following Attachments as applicable per equipment type: Attachment R-2; Preventive Ma�ntenance Scope of Work Attachment R-4; Flooded Lead Acid Batteiy Preventive Maintenance Scope of Work Attachment R-5; Valve Regulated (sealed) Batte�y System Preventive Mamtenance Scope of Work Attachinent R-8; Eaton Protection Audit Scope of Work Attachment R-18; UPS PowerTrustTM Servic�Mlan Scope of Work Attachment R-19; UPS PowerT�vst Prefen•ed Seivice Plan Scope of Work Attachment R-23; PowerTrust U1traT"' Service Plan Scope of Work Attachment R-24; Batte�y Remote Monitoring Scope of Wark Attachment R-25; Battery On-Site Visual Inspection Scope of Work _�___�_ Attachinent R-26; CELLWATCH with Battery Remote Monitoring Scope of Work „,„�- � -: , . �. � �,,, �� p n� i� `; f'f '' '1i'�' �J'�''C ,;, � �; J: . �;: /'ro �1 f'r' /'' G U U.�'` i�'�� V 7�,L� �f�'�iu �i� c' � 1;�! �� ' �.��1 .�i��f� �� ( � ' � � ,, Attachment R-27; iIf'S PowerTrustTM VALUE Seivice Plan Scope of Work Attachment PDU-4; PDU, RPP, STS PowerTrust Service Plan Scope of Work E. Preventive Maintenance Service Plan — If optionally purchased by Customer, Contractor will provide one annual Preventive Maintenance Visit and one annual Battery Preventive Maintenance Check. Eaton's sole obligation will be to provide Customer with a sixty (60) day period to schedule the UPS Preventive Maintenance inspection and Battery System Preventive Maintenance (either Flooded Lead Acid or Valve Regulated (sealed) Battery) , sixty (60) days prior to commencement of that period. Refer to the following Attachments: Attachment R-2; UPS Preventive Maintenance Scope of Work Attachment R-4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work Attachment R-5; Valve Regulated (sealed) Batteiy System Preventive Mamtenance Scope of Work Attachment R-10; UPS Preventive Maintenance Se�vice Plan ProActive Service Plan - If o�tionally purchased by Customer, Conh•actor will provide preventive and corrective service coverage. Refer to the followmg Attachments as applicable per equipment type: Attachment R-2; Preventive Maintenance Scope of Wock Attachment R-3; UPS Performance Check Scope of Work Attachment R-4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work Attachment R-5; Valve Regulated (sealed) Battery System Preventive Mamtenance Scope of Work Attachment R-6; UPS PiroActive Setvice Plan Scope of Work Attachment R-8; Power Protection Audit Scope of Work Attachment PDU-3; PDU, PDU- R, SBR, IsoTrans, VR ProActive Service Plan Scope of Work Attachment PF2-6; PF2 Flywheel ProActive Se�vice Plan Scope of Work G. UpTime Guarantee Service Plan — If optionally purchased by Customer, The UpTime Guarantee Seivice Plan is Conh•actoi's recommended Service Plan. Subject to the conditions and limitations contained in Attachment T-1 Eaton UpTime Guarantee - Terms and Conditions, �f Contractor's Recommended Service Plan is optionally purchased by Customer, Contractor �uarantees that there wil] be no load loss direcHy attributable to improper function or failuce of the Conh�actor uninteiruphble power supply. Said load must be properly connected to the Contractor uninterruptible power supply, which must be covered by a manufacturer's recommended se�vice plan. Refer to the following Attachments: Attachment T—l; UpTime Guarantee— Supplemental Terms and Conditions. Attachment R-2; Preventive Maintenance Scope of Work Attachment R-4; Flooded Lead Acid Batteiy Preventive Maintenance Scope of Work Attachment R-5; Valve Regulated (sealed) Batteiy System Preventive Mamtenance Scope of Work Attachment R-8; Power Protection Audit Scope of Work Attachment R-1 1; UPS UpTime Guarantee Service Plan Scope of Work H. Battery Preventive Maintenance - If optionally purchased, Conh•actor will provide scheduled periodic maintenance of the UPS batteiy during the CPM. Scheduled maintenance may be perfonned concuirent with remedial maintenance of the Power Module at Eaton's discretion. Scope of Batteiy Preventive Maintenance will be based on industry standards and Contractor's recommendation for the particular covered equipment. Contractor recommends two (2) inspections visit per year for valve-regulated (sealed) type systems and four (4) inspections per year for flooded (wet) type systems. UNLESS SPECIFICALLY STATED, BATTERY UPDATES AND REPLACEMENTS ARE NOT 1NCLUDED WITH BATTERY PREVENTIVE MAINTENANCE. If separately provided fi•om the Power Module remedial maintenance, Conh�actor will provide Customer thirty (30) days notice to schedule inspection at a mutually convenient time during the CPM. Refer to the following Attachments as applicable per equipment type: Attachment R-4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work Attachment R-5; Valve Regulated (sealed) Battery System Preventive Mamtenance Scope of Work I. Full Battery Coverage - If optionally purchased by Customer in conjunction with an on-site corrective maintenance Powec Module Service Agreement of the same duration, with batteiy update service performed by Conri•actor within the prior twelve- (12) month period and batteries pass the associated perfoimance requirements (Refer to Attachment R-9), Contractor w�ll prov�de batte�y remedial se�vice (for replacement of failed batteries or batteries with less than 80% of their published rated capacity) dunng the CPM. This battery coverage includes all maintenance parts and labor necessary to maintain the Covered Battery Equipment in good operating condition during the CPM. Refer to the following Attachments: Attachment T-2; Battery Coverage Supplemental Terms and Conditions Attachment R-9; Battery Replacement Guidelines Attachment R-13; Full Battery Coverage Scope of Work J. Legacy Service Plan — If optionally purchased by Customer after contract coverage ends and unit is either out of production or declared obsolete Contractor will offer the Legacy Setvice Plan for a duration not to exceed one year. No res�onse time guarantee is available with the Legacy Service Plan. Contractor will provide reasonable effort on parts and repa�r time but is not liable for delayed oc incomplete repairs due to parts availability. Refer to the following Attachment: Attachment E-l; Legacy Service Plan Scope of Work I{. Po�verware CELLWATCH Battery Monitoring Installation/First Year Coverage/Additional Years of Corrective Coverage - If optionally purchased by Customer, Contractor will provide Installation, Start-Up services and First Year Coverage for Contractoi's Cellwatch Battery Monitoring Systems. This coverage provides full corrective maintenance coverage for one year after Start-Up date. This includes repau• materials labor and related expenses for the repair of failures in the Cellwatch hardware and software system. Batteries are not included. The PPM is 7x24. Response time requests for remedial service is eight hours within 100 miles of an established service location. Verification of remote commumcations functions is performed only if LAN or phone connection is available at time of installation. Refer to the following Attachments: Attachment CW-1: Contractor CELLWATCH Installation/Start-Up/First Year Con•ective Maintenance Coverage Attachment CW-2; Conh•actor CELLWATCH Additional Years of Coirective Coverage Scope of Work 6. LABOR AND MATERIAL RATES: For any additional services outside the Scope of Services purchased for Covered Equ�pment under t�s Agreement (as re erenced above in Section 5), Customer shall be billed as per Contractor's then current Time and Material Rate Schedule (refer to Attachment X-1). This excludes any flat rate services quoted by a Contractor's Representative. 7. ENGINEERING CHANGES/INFORMATION: All changes deemed necessary by Conh•actor will be installed during sc e u e maintenance v�s�ts uring the CPM. Other changes, deemed optional by Contractor, will be offered to the Customer on an as-available, per charge basis. AI1 information of the Customer shall be deemed non-confidential and Contractor will be under no duty of non-disclosure unless both parties execute Contractor's Mutual Confidential Disclosure Agreement. 8. CUSTOMER'S R�SPONSIBILITY: A. Communication - T e Customer s a contact Contractor's Customer Support Service Center (1-800-843-9433) regarding all service requests and all other matters arising out of or relating to this Agreement. B. Movement - If Covered Equipment is moved to another location in the fift (50) U.S. States (or District of Columbia), coverage will continue upon the following conditions: (i) Customer shall notity Contractor in wntmg at least thirty (30) days in advance of equipment power-down; (ii) Contractor reserves the right to supervise the power-down, disconnection, rigging, packing, movement, unpacking, reinstallation and re-start of the new system. This seivice will be char�ed at Contractor's then cun•ent Time and Material Se�vice Rate Schedule. (iii) Resumption of' coverage under this Agreement is subject to acceptance by Contractor of Covered Ec�uipment at the new location. C. Safety - The Customer shall, at all times during the provision of seivices hereunder, have a representative present at the maintenance site at no cost to, and solely for the safety of Contractor. D. Access - In order that Contractor may perform its obligations under this Agreement, Customer shall grant ready access to the Covered Equipment subject to reasonable security reyuirements. 9. TERM AND TERMINATION: This Agreement and all that is stated herein shall automatically be renewed for successive twelve (12) month periods at the prices in effect at the time of each renewal. In the event Customer elects not to renew this A�reement, then Customer shall provide thirty- (30) days written notice prior to the renewal date. Customer will be provided with written notice of renewal siaty (60) days prior to expiration, stating the prices for the applicable renewa] term prior to each renewal date. Notwithstanding the foregoing, either Customer or Contractor may terminate this Agreement at any time upon thirty (30) days written notices to the other, sub�ect to provision 16 below. 10. INSURANCE: Durin� the term of this Agreement, Conh•actor at its own cost and expense, shall obtain and maintain in full orce and effect the following insurance �vith sound and reputable insurers: (1) Worker's Compensation insurance in accordance with the statutory requirements of the state in which the maintenance is to be performed; (2) Automobile Liability insw•ance on all motor vehicles licensed for highway use, both owned and non-owned and, (3) Comprehensive Liability insurance for bodily injury and property damage. 11. WARRANTY: Conh�actor shall perform all seivices in a professional and workmanlike manner. Contractor wa�rants to repair a• rep ace defective materials and correct defective workmanship reported to Contractor and/or diagnosed by Contractor's personnel during the term of this Agreement. Contractor warrants its corrective maintenance and spare parts to be free from defects in material and workmanship for a period of ninety (90) days from the completion date of the repair or replacement endeavor for which those repair materials and/or equipment �vere used. In the event the materials or equipment fails to meet its published specifications due to a defect in material or workmanship covered by this Wan•anty, Contractor will repair or replace the �varranted materials or equipment at no cost to Customer for the material repaired or replaced. This Warranty shall not apply to any Po�ver Module and/or Battery that has been subject to damage caused by accident, fire, flood, lightning, vandalism, acts of God, Customer's neglect, misuse, misa plication, incon�ect connection or external damage; or that has been subject to repair or alteration by Customer (or a third pariy� not authorized by Contractor in writing. THIS WARRANTY IS CUSTOMER'S SOLE REMEDY AND IS EXPRESSLY IN LIEU OF, AND THERE ARE NO OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARItANTIES 1NCLUDING ANY IMPLIED WARR.ANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Ec�uipment supplied, but not manufactured by Contractor is warranted solely by the equipment manufacturer. Contractor's obligation under said Warranty is conditioned upon receipt of all payments due from Customer including interest charges, if any. 12. ASSIGNMENT: Customer shall not assign this Agreement or any of its rights hereunder without the prior vv�•itten consent of Conh�actor. 13. SUBCONTRACTING: Conh•actor reserves the right to subcontract any portion of the services provided for under this Agreement without the prior consent of Customer. 14. INDEMNITY: Sub'ect to the limitations of liability in Section 15 hereof, Contractor shall defend, indemnify and hold harm ess Customer, its o�ficers, employees and agents, from and against any and all claims, liabilities, damages, demands, losses, causes of action and suits, including reasonable attorney's fees inc�dent thereto, to the extent they result directly from or out of: (1) any injuiy to or death of any person or damage to or destruction of any roperty caused by the negligent acts, errors, omissions or �villful misconduct of Contractor, its agents or employees; and (2� any v�olation of federal or state regulations, orders, i�les or the violation of any other governmental entity by Eaton, its agents or employees. 15. LIABILITY: In no event shail Conh�actor or Customei•, or their respective officers, directors, employees or agents be liable to the other or any incidental, indirect, special or consequential damages, such as, but not limited to, delay damages, lost profits or lost opportunity damages, resulting fi�om or in connection �vith any claim or cause of action, whether brought in contract or in tort, even if Contractor or Customer knew or should have known of the possibility of such damages. Under no circumstances shall the aggregate liability arising out of or in connection with this Agreement exceed the price paid hereunder for the goods and services provided. 16. PAYMENT: All payments are due net 30 days in full from date of invoice, and any payment not made when due shall be subject to an interest charge of 1.5% per month or fi•action thereof, or maximum permitted by law, whichever is less. Additionally, Customer shall be invoiced for, and shall pay for, all services not expressly provided for by the terms hereof, such as, but not limited to, site calls involving no-fault found inspections where no con•ective maintenance was required. If any payment is not made when due, Contractor reserves the right to refuse to provide any further se�vices until such payment and the applicable interest have been received. Contractor rese�ves the right to invoice Customer either the full amount due under this Agreement or in accordance with Contractor's Time and Materials Service Rate Schedule (Attachment X-1) for seivices rendered, whichever amount is greater, if this Agreement is terminated by Contractor for non-payment. Customer shall be liable for expenses including reasonable attorneys' fees, associated with collection proceedings for non-payment. In the event of early termination: A) Customer will be liable for any services rendered to the reasonable satisfaction of Customer prior to the effective date of termination, and B) Conh•actor at its discretion will provide a credit against any advance payments received as follows: 1) a pro-rated amount based on the terminated portion of the fixed-price fee due Contractor, or 2) an amount based on the difference between the amount paid by Customer prior to the effective date of early termination and the actual cost of service options completed (including emergency repair calls) by Contractor prior to the effective date of early termination. 17. TAX: Contractor's price is exclusive of any applicable tax. All orders will be subject to all applicable sales tax unless a current tax exemption certificate is on file with Conri•actor covering that state shown in the ship-to address or seivice location of the Customer's purchase order or the installation location of the Covered Equipment under this Seivice Agreement. 18. PARTS: Parts removed for replacement shall be Contractor's property. Maintenance parts used from Customer-owned spare parts krt shall be replaced by Contractor at no cost. Replacement parts shall be new or of the same quality as new. 19. FORCE MAJEURE: Contractor shall not be liable for any failure to deliver, or delay in delivering se�vices to Customer to the extent that such failure or delay results fi•om causes beyond its reasonable control including, without any limitation, any act of God or force majeure, war, revolution, riot, civil commotion, or any applicable governmental or judicial law or regulation, order or decree. 20. GENERAL: The terms and conditions of this Agreement cannot be modified or waived except by a writing signed by the parties hereto and waiver by Contractor or Customer of any provision hereof in any one instance shall not constitute a waiver as to any other instance. If a provision of this Agreement is invalidated for any reason, this Agreement remains binding except for such invalid provision. This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. Customer and Conri�actor hereby agree that all disputes arising out of this Agreement shall be submitted solely to the jurisdiction of the State and Federal Courts located in Wake County, North Carolina. �, r� ., i �,n, �=�i �'� ,"� ,:;��'J'�:,J��'�.� �:�'�;�;��;��1�C lr„ �- ,a /-',o��`''1 uP �� l� L�'s�� .,� �1 � � �-„.-,�U 2 � ,} �; �5, �� 1 i `2 � �. } J �.: \i �}: y� ;( I� V L. G�. e UPS ProActive Service Plan Scope of Work Attachment R-6 Corrective Maintenance Coverage: Inspection and repair of the Power Module shall be performed as needed during the conri•acted period of maintenance at no extra charge to Purchasec. Remedial maintenance provided by Contractor shall include, and be expressly limited to, maintenance foi• ordinary wear and tear to the Power Module, ri•avel expenses, all necessary parts replacement, adjustments and repairs. If the Pm�chaser maintains spare parts at the maintenance site, Conh•actor may, at its option, use those spare parts in the performance of Con•ective Maintenance. Contractor shall replace the spare parts, which it so uses. All Corrective Maintenance to Battery System, if any, will be in accordance with battery manufacturers' wan•anty or separate agreement, if any. Performance Check: In the first year of unit operation only, Contractar shall schedule, with notice to the Purchaser, and conduct a Performance Check of the Power Module system and related Battery system. Perfoi�rnance Check shall include, and expressly be limited to, those seivices as listed in Attachment R-3. A Conri•actor will perform the Performance Check at the time requested by Purchaser during the CPM. Following each inspection, Contractor will provide Pw•chaser with a written report describing the observed condition of the Power Module Equipment and related Battery System, status of site spares invento�y, and recommendations toward future remedial maintenance, upgrades or spare parts requirements. 3. Preventive Maintenance: 7 x 24 Annual Preventive Maintenance Visit—Not included in first year of unit operation. Calibration of all metering and pirotective features. Functional testing of all transfer conditions. Inspection of online performance and equipment history. Examination of interfaces to other Powertrain equipment. Visual check on batteries and batte�y environment. Written evaluation providing a record of equipment performance. A Contractor will perform the Preventive Maintenance at the time cequested by Purchaser during the CPM. See Attachment R-2. 4. Power Protection Audit: Once per year during the term of the Service Agreement, Contractor shall schedule, with notice to the Purchaser, and conduct a Power Protection Audit of the Power Module system, Batteiy system, and overall operating environment. Checkup shall include, and expressly be limited tq those seivices as listed in the Power Protection Audit checklist attached. Following each Power Protection Audit, Conh�actor will provide Purchaser with a written report describing audit results and recommendations. The Power Protection Audit shall be performed at the same time as the Performance Check. See Attachment R-8. 5. Remote Monitoring Advance Response Service: Contractor will provide Remote Monitoring Advance Response Se�vice. This service will only be available if customer purchases a monitoring facto�y modem and Remote Notify. Monitoring will be done for major alarm conditions only. Contractor will provide remote diagnostics as possible, and when necessary will dispatch a field seivice technician for problem resolution. Contractor will notify Purchaser contact when a major alarm occurs. 6. UPS Performance Report: A monthly UPS Performance Report will be provided (only available for those Purchasers with Remote Monitoring Advance Response Service activated). Said report will provide a summary of major alarms occun•ing during the previous month in a monitored UPS. The monthly UPS Performance Report will be sent electronically or a hard copy mailed at Contractor's discretion. 7. Customer Web Account Access: Conh•actor will provide Purchaser with web-based access to account information and site service records. Access will be password restricted for maximum security of Purchaser records. A history of service perfonned as well as scheduled service calls will be available. The Pw•chaser shall, from the commencement date of the Service Agreement, maintain the UPS Power Module in accordance with the published operating specifications for the Power Module at the time of purchase. The Purchaser shall, unless otherwise specified in the Service Agreement, maintain the Battery System in sh-ict accordance with the Battery System manufacturer's recommended maintenance guidelines. Power Protection Audit Scope of Work Attachment R-8 I. Site Data A. Print paper copy of Power Protection Audit Datasheet in Adobe Acrobat. B. Record site information. (Customer Name, Site Contact, Street Address, Product: Name, Model, & Serial Number) II. General UPS Room Environment A. Verify clear access to UPS unit. Note any improper conditions. B. Verify clear access to Battery Cabinet or room. Note any improper conditions. C. Using temperature probe, verify UPS room temperature. D. Using temperature probe, verify Battery room temperature. E. Verify or note cleanliness of UPS equipment room. F. Verify or note cleanliness of Battery equipment room. G. Using appropriate Battery Vendor information, record Battery date codes. H. If applicable verifies Battery room has proper ventilation. I. Locate & verify clear access to external UPS feeder breakers. J. Verify UPS feeder breakers for proper size & labeling. Record breaker ratings. K. Locate & verify clear access to Battery feeder breakers. L. Verify Battery feeder breakers for proper size & labeling. Record breaker ratings. M.If applicable verifies access to Battery Safety Equipment. N. If applicable, verify UPS room has a working telephone. Record phone number. O. Verify if UPS & Battery rooms are secure, and if key ar card is required to enter. III. Generator Testing A. Get customer permission to do a Generator test and record the following: 1) Generator Starting Battery operation 2) Generator Voltage 3) Generator Frequency 4) Generator Stability 5) Generator log (ET Meter, Kilowatt Rating, etc.) 6) Load in Kilowatts on generator 7) Total load in amps on generator IV. Battery Testing A. Using the Front Panel LCD Screen (see Eaton Plus Service Manual for procedure), record the percentage of Load on UPS. B. Perform Battery Time Calculation using DC Expert, (assumes battery in proper working order) otherwise, use the Battery Run Time Calculatar if Battery Setup and/or Commissioning Test has not been done. V. Report Findings A. Print and fill out PP Audit Recommendation, give a copy to the Customer and keep a copy for your records. If any Product or Service Sales opportunities are noted, forward a copy with a Sales Lead Worksheet to the appropriate Sales Associate(s). UPS Preventive Maintenance Scope of Work Attachment R-2 The following is an outline of general checks performed during an Eaton Preventive Maintenance of the Powerware UPS Power Module, that are normally performed by Eaton field service personnel. All checks are designed to be performed either during normal operation with no danger to the UPSs operation condition and the critical load, or during off line operation, in the bypass mode. All checks or processes may not be applicable to all equipment models. I. VisualInspection A. Inspect all printed circuit boards connections for cleanliness, swab contacts if necessary. B. Inspect all power connections far signs of overheating C. Inspect all subassemblies, bridges and legs for signs of component defects or stress D. Inspect all DC capacitors for signs of leakage E. Inspect all AC capacitors for signs of leakage F. Inspect and inventory all customer-owned spare parts G. Inspect for, and perform as required, any open engineering changes II. Internal Operating Parameters A. DC Ground Detection Offset B. Inverter leg current average balance C. Output filter current average phase balance D. Rectifier bridge current average leg balance E. AC Protection settings and operation F. DC Protection settings and operation G. Input and Output Frequency and Voltage Bandwidth settings H. Verify DC filter capacitance I. Verify AC tank and trap filter capacitance J. Power Supply voltages and waveforms K. Replace Power Module power supply back up control battery cells L. Static Switch leakage testing III. External Operating Parameters A. System Input Voltages (all phases) B. System Input Currents (all phases) C. DC Charging Voltages (float and equalize), record settings, adjust to nominal D. Rectifier phase on and walk up E. Inverter phase on and walk up F. Adjust all panel meters to measured values G. System Bypass Voltages (all phases) H. Manual and UV Transfer Testing, verify uninterrupted transfer waveform I. Outage simulation, and battery capability testing, and verify charger current limit J. Generator operation and interface verification IV. Environmental Parameters A. UPS area ambient temperature and condition of ventilating equipment B. General Cleanliness of UPS Power Module C. General Cleanliness of UPS area D. Replace all air filters E. Clean control panel/CRT screen V. Battery Cabinet Checks (Eaton Manufactured) A. General appearance of Battery System (all types) B. General cleanliness of Battery System area (all types) C. Inspect cells for physical abnormalities D. Inspect all DC connections for abnormalities E. Battery System area ambient teinperature and condition of ventilating equipment VI. Monitoring System Parameters A. Alarm archive review and printing B. Alarm lamp test-local and remote C. Replace all open monitor bulbs VII. General A. Customer Consultation B. Verbal Recommendations C. GeneralObservations Following the Preventive Maintenance inspection, a written report will be provided detailing the results of the inspection, and making specific recommendations toward future remedial action, upgrades, or sparing. ENGINEERED COMPUTER � ROOMS February 14, 2007 Steve Read City of Fort Worth 5001 James Ave Fort Worth, TX 76115 RE: Critical Power System Protection Contract: #244527 Password: #127241 Dear Steve: Thank far trusting Eaton Electrical Inc. (Formerly Powerware) as the service provider for your uninterruptible power system (UPS). This is just a friendly reminder that the protection provided by your Powerware maintenance agreement for your critical power system will expire on 1/4/07. Renewing your existing protection is easy. If you wish to renew your service agreement, simply sign the fi•ont of the service agreement and fax back to me at 214-553-0562. If you are using a purchase order make it payable to Eaton Power Quality Corporation and reference quote #244527. You may also renew online at http://renewal.powerware.coin/renewal/ using the above contract number and password. As you know from experience, Powerware customer support engineers are the only individuals both authorized/certified and factory-trained to work on Powerware equipment. They are also the only field personnel with the authorized proprietary software essential to performing maintenance as well as access to confidential information regarding engineei-ing changes or technical bulletins. Our CSE's receive continual training to ensure they are current on all product lines. Again, thank you for loolcing to Powerware for your service needs. If you see any errors in any of the enclosed equipment or account data, please let me lcnow so I can correct our records. If you have any questions or desire in changes in the service level, please call me at 214-292-5108. Sincerely, Chris Coker Engineered Computer Rooms, Inc. Powerware Global Service Representative DALLAS: 10777 SANDEN DRIVE • DALLAS, TX 75238 • 214/340-5771 • FAX 214/553-0562