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HomeMy WebLinkAboutResolution - 2000-R0129 - Maintenace Agreement - Trane Service Group - LIA - 05/11/2000■ Resolution No. 2000 RO129 May 11, 2000 Item No. 21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Trane Service Group, a Maintenance Agreement for the Lubbock International Airport, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11th day of May 2000. ATTEST: G KaythidWarnell City Secretary APPROVED AS TO CONTENT: Mar ar e Av' tion Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Ccdocs/TraneServiceGroup.LIA.res April 27, 2000 Resolution No. 2000-R 0129 May 11, 2000 E rM : Item No. 21 s. Trane Service Gro,upTACL AO,, 13821 Diplomat Drive 6320 Airport Freeway 2512 Texad Avenue PO Banc 614609 Fort Worth TX 76117 PO Banc 3963 Dallas TX 75381.4609 TEL 817 8381330 Lubbock TX 79452 TEL 972 406 3600 FAX 817 6318135 TEL 806 747 0266 FAX 972 243 3186 FAX 806 747 2805 SERVICE AGREEMENT Prepared For. City Of Lubbock Accounts Payable 1 P.O. Box 2000 Lubbock, Tx 79457 Attention: John McGinley Project: Lubbock International Airport 6100 Mlk Blvd Lubbock, Tx FULL MAINTENANCE +, AGREEMENT NO. PROJECT AND LOCATION: SERVICE AGREEMENT Lubbock International Airport 6100 Mlk Blvd Lubbock, Tx TRANE SERVICE GROUP. herein referred to as the Service Company, agrees to furnish services in accordance with the "General Terms and Conditions" and attached "Schedules". This AGREEMENT shall become valid only upon acceptance by CUSTOMER and approved by the Service Company. EQUIPMENT TO BE SERVICED: Manufacturer Model # Serial # Trane CVHE-032 L94JO9303 Trane CVHE-032 L91BO1241 Trane CVHE-032 L88FO2743 Trane TRACER L 3 SERVICES TO BE RENDERED: Qty Equipment Schedules (Al, RI, SU, SD) 3 Trane Chiller with Purifier Purge CTV-210, CTV-230, , 1 TRACER 100 1 & L CNT-130, , , 3 Remove (1) condenser head CDS-210, , , 3 Brush condenser tubes CDS-210, , , The AGREEMENT PRICE is $101,376.20 for FIVE (5) years, payable $20,275.24/ YEARLY. This price is to be adjusted in the future years herein provided. This AGREEMENT is effective from May 22, 2000 through May 21, 2005 and shall remain in effect from year to year unless terminated by either party, with or without cause, at the end of the anniversary date by giving at least thirty (30) days written notice. Applicable taxes are not included. SUBMITTED BY: Steve York TITLE: Account Manager DATE: April 25, 2000 Page 2 r City of Lubbock 1625 13`h Street, Suite L-04 Lubbock, Texas 79401 Date: May 11, 2000 ATTEST: -, k [�arLj►\Q U Kaythie arnell City Secretary APPROVED AS TO CONTENT: 45 Mar Dir6ctor of Aviation APPROVED AS TO FORM: /V", William deHaas Competition and Contracts Manager TRANE ACCEPTANCE: g r Cotton Contracts Administrator Standard Contract Terms and Conditions Acceptance. A proposal made upon these terms Is subject to acceptance within thirty days from date and the prices are subject to change without notice prior to acceptance by Customer. If your order is an acceptance of s written proposal, on a form provided by Trans, without the addition of any other terns snd uxrdidons of sate or any other modification, this docurnerf shad be treated solely as an acknowledgment of such order, subject to credit approval, t your order is not such an acceptance, then this document Is Tram's offer. subject to credit approval, to provide the goods and/or Work solely In accordance with the following temps and conditions of sale. If we do not hear from you within two weeks from the date hereof, Trane shad rely upon your silence as an acceptance of these terms and Conditions and performance will be made in accordance heraw,41% Customer's acceptance of goods and/or Work by Trans an this order will in any event constitute an acceptance by Customer of these terms and corddions. Contract Price. The Contract Price includes standard ground transportation and all sales, consumer, use and similaar taxes legally enacted as of the date hereof only for equipment and materiel installed by Trona and labor as required by low. Equipment sold on an uninstalled basis does not include sales tax and applicable taxes will be added. Exclusions From Work. Trans's obligation is limited to the Work as defined and does not include any modifications to the Premises under the Americans With Disabilities Act or any other sew or building code(s). Construction Procedures. Trane shad supervise and direct the Work using its best skill and attention and have exclusive control over construction means, methods, techniques, sequences and procedures. Payment Terms. Customer shed pay Trane's invoices within net thirty (30) days of invoice date. Tram may Invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all work performed on-site or off4ge. No retention shad be withheld from any payments except as expressly agreed in writing by Trane, it which case retention shad be reduced per the Contract doc rnerrts and released no later than the data of substantial completion. tinder no cicu r, stances shall any retention be withheld for the equipment portion of the order. If payment is not received as required hereby, Trane may suspend performance and the time for completion shad be extended for a reasonable period of time not less Van the period of suspension. Customer shad be liable to Trane for all reasonable shutdown, standby and start-up costs as a result of the suspension. AN amounts outstanding 10 days beyond the due date aro subject to a service Charge not to exceed 1.5% of the principal amount due or the maximum allowable legal interest rate, retroactive to the due date. Customer shelf pay all costs (including attorneys' fees) incurred by Trane in attempting to collect amounts due and otherwise eNorcing these l terms and Conditions. Time For Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Trane, all dates provided by Trane or its representatives for commencement, progress or completion are estimates only. While Trane shall use commercially reasonable efforts to meet such estimated dates, Trane shaft not be responsible for any damages for is failure to do so. Access. Trane and is contractors or subcontractors shad be provided access to the Premises during regular business hags, or such other hours as may be requested by Trane and acceptable to tine Premises' owner or tenant for the performance of the Work including sufficient areas for staging, mobilization, and storage. Trane's access to torted any emergency condition shad not be restricted. Permits And Governmental Fees. Trane shall secure (with Customer's assistance) and pay for building and other permits and governmental fees. licenses, and inspections necessary for proper performance and completion of the Wok which are legally required when bids from Trans's subcontractors are received, negotiations thereon concluded, or the affective date of a relevant Change Order, whichever Is later. Customer is responsible for necessary approvals, easements, assessments and charyes for construction, use or occupancy of permanent structures or for permanent charges to existing facilities. Utilities During Construction. Trane shall be provided without charge all water, heat, and utilities during performance of the Work. Concealed Or Unknown Conditions. In the performance of the Work, If Trane encounters conditions at the Promises that are (i) subsurface or otherwise Concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ti) unknown physical conditions of an unusual nature that differ materially from (hose conditions ordinarily fond to exist and generally recognized as inherent in construction activities of the type and character as the Wok, Trane shall notify Customer of such conditions promptly, prior to significantly disturbing the same. If such conditions differ materially and cause an increase in Trans's cost of, or time required for, performance of any part of the Work. Trane shad be entitled to, and Customer shag consent by Charge Ober to, an equitable adjustment In the Contract Price, contract time, or both. Asbestos And Hazardous Materials. Trans's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ('PCB'), or other hazardous materials (hereinafter, Collectively, *Hazardous Materials'). ,asw Customer warrants and represents tet, except as set forth in a writing signed by f Trane, there are no Hazardous Materials on to Promises that will in any way affect Tram's Work and Customer has disclosed to Trane the existence and location of any Hazardous Materials in an areas within which Trane will be performing the Work Should True become aware of or suspect the presence of Hazardous Materials, Trane may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exctusively responsible for any claims, including the payment thereof, arising out of or relating to any Hazardous Materials on or about this Premises, not brought onto the Premises by Trans. Trane shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Trane be obligated to transport or handle Hazardous Material, to provide any notices to any, governmental agency, or to examine the Promises for the presence of Hazardous Materials. Conditions Beyond Control Or Parties. If Trane shad be unable to carry out any material obligation under this Agreement due to events beyond its control, such as acts of God, governmental or judicial authority, insurrections, riots, labor disputes, labor or material shortages, fres, or explosions, this Agreement shall at Trans's election (s) remain in effect but Tram's obligations shad be suspended until the uncontrollable event terminates; or (g) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Trane for all parts of the Work furnished to the date of termination. Customer's Breach. Each of the following events or conditions shad constitute a broach by Customer and shall ghro Trane the right, without an election of remedies, to terminate this Agreement by delivery ofwritten notice dedering lerminstion, upon which event Customer shall be liable to Trane for all Work hmished to date and all damages sustained by Trane (including lost profit and overhead): (1) Any failure by Customer to pay amounts due more than thirty (30) days after the date of the invoice iheretor, or (2) Any failure by Customer to perform or comply with any material provision of this Agreement. Indemnification. Trane and Customer shad Indemnify, Mend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, Inciuurding reasonable attorneys' fees, resulting from death or bodily lolly or damage to real or personal property, to the extent caused by to negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement However, neither party shad indemnify the other against claims, damages, expenses or liabilities to the extent attributable to dna negligence or misconduct of the other party. If the parties are both at taut, the obligation to indemnify shall be proportional to their relative faLdL The duty to indemnify wig continue In full force and effect notwithstanding the expiation or eery termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or ter instiom Notwithstanding any contrary provision, neither party shall be gable to the other for any special, Incidental, consequential or punitive damages. Workmanship And Equipment Warranty. Trane warrants that, for a period of one year from the date of substantial completion (the 'Warranty Period), Trane equipment installed hereunder and Wok (I) shall be free from defects in materiel, manufacture, and workmanship and (u) shad have tum capacities and ratings set forth in Trans's catalogs and bulletins; substantial completion shall be the earlier of the date that the Wok is sufficiently complete oro that Customer can utilize the Work for its Intended use or the date that Customer receives beneficial use of the Work For Trane equipment not Installed by Trane, the Warranty Period Is the lesser of 12 months from initial start-up or 18 months from the date of shipment If such defect is discovered within the Warranty Period, Trane will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pnrsuent hereto, labor associated with the replacement of parts or equipment not conforming to this warranty. No liability whatever shall attach to Trane until said equipment and Work have been paid for in full and then said liability Shan be limited to Tram's Cost to correct the defective Wok and/or the purchase price of the equipment shown to be defective. Equipment and/or pans that we not manufactured by Trane aro not warrented by Trane and have such warranties as may be extended by the respective manufacturer. Trans's warranties expressly exclude any remedy for damage or defect caused by corrosion, erosion, or deterioration, abuse, modifications or repairs not performed by Trane, improper operation, or normal wear and tear under normal usage. Trane shell not be obligated to pay for the cost of lost refrigerant. THE WARRANTY AND LIABILITY SET FORTH IN THE PRECEDING PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TRANE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Applicable Law. This Agreement is made and shad be interpreted and enforced in accordance with the laws of the in which the Work Is performed. Assignment. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, tide or interest herein, without the written consent of Trans. Subject to the foregoing. this Agreement shall be biding upon and inure to the benefit of Custards successors and assigns. Complete Agreement This Agreement shall Constitute the entire Agreement between both parties and this Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Trane is a signatory thereon. Equal Employment Opportunity/Affirmative Action Clause. The Trane Company is a federal contractor which complies fully with Executive Order 11246, as amended, and Me applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F. R. Pari 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250. The Trane Company A Division of American Standard Inc. SCHEDULE NO. 23 VZ M :_ ej'_11_ TOTAL MAINTENANCE PROGRAM various services described below are provided as part of our Comprehensive Maintenance Program. 1. ANNUAL WINTER MAINTENANCE - Once a year a thorough preventative maintenance schedule will be performed including the following. a. Check purge unit controls. (If applicable, change drier cores or re -seal compressor.) b. Clean purge oil separator. C. Clean purge condenser. d. Acid clean purge drum. C. Check purge unit for proper operation after service. f. Meg compressor motor and record for owner's records. g. Meg oil pump motor and record for owner's records. h. Lubricate inlet vane control shaft. i. Set pilot positioner or electronic control per TRANS specifications, if applicable. j. Set vane operator per TRANE specifications. k. Utilize hot water to pressurize unit and leak -check in accordance with EPA regulations. I. Test and calibrate all safety and operating controls using nitrogen, ice and hot water. as required. m. Change oil and filter per TRANS specifications. (Oil included.) n. Dispose of oil per EPA regulations. o. Perform spectrographic oil analysis and report findings. p. Perform acid test on old oil before placing new oil in pump to see if corrective action is indicated. q. Check flow rates through evaporator and condenser; calibrate to design conditions. r. Tighten all electrical connections. S. Inspect starter. t. Check operation of motor starters for proper sequence. U. Calibrate load limit relay or electronic. V. Check setting and operation of PE switches. w. Check all sight glasses. X. Check refrigerant level and correct charge y. Set oil pressure regulator for proper pressure. Z. Check operator's log. an. Review operating procedures with operating personnel. bb. Run unit and log operation. cc. Provide written report of work completed and indicate all detected deficiencies. dd. Furnish Owner operating log and copy, indicating work performed. 2. WRITTEN REPORTS - Provide to customer representative following each regular inspection or emergency call. 3. ' • SCHEDULED PREVENTATIVE MAINTENANCE -,,_Inspections during the operating season will be made and include: a. Adjust operating and safety controls. Record settings. b. Complete operating log of temperatures, pressures, voltage and amperages.(Sample log sheet attached) C. Check operation of control circuit. d. Check operation of lubrication system including oil pump and oil pressure regulator. e. Check operation of motor and starter. f. Check customer's log with operator, discuss operation of the machine generally. g. Report to operator any uncorrected deficiencies noted. 4. EMERGENCY SERVICE - This coverage includes emergency calls between inspections as required for purpose of diagnosis of trouble, adjustment, or resetting of controls, Maximum of two (2) hour. 5. ANALYSIS SERVICES - Various diagnostic tests are to be performed depending on equipment duty and type as checked below. Reports with interpretation and recommendations to be included. a. X Oil sample and analysis for wear metals, acid content and moisture. Samples to be taken j times per year. b. X Refrigerant analysis for acid and moisture content (as required). C. ZC Eddy Current tube analysis for wear and pitting. To be performed on the condenser every 3 years and evaporator every 5 years. (Tubes must be brushed first, to be done during Annual Inspection in years specified.) C� CLEAN CONDENSER TUBES - Once a year, furnish labor for brush cleaning of condenser tubes. (Chemical cleaning extra if required.) 7. REPLACEMENT PARTS AND COMPONENTS - All parts, refrigerant, oil and other material to complete repairs are furnished under the provisions of this agreement. 8. MAJOR REPAIR LABOR - This includes all labor to repair or replace failed components of the equipment covered under the provisions of this agreement. 9. ADDITIONS AND EXCEPTIONS - 1. Refrigerant coverage limited to $8.00 per pound for R-1 1. 10. NOTES: 1.) Leak check will be performed using hot water in lieu of nitrogen in order to comply with the new EPA regulations. The effectiveness of your particular leak test will be dependent upon the following: a. ) How well your water isolation valves hold. b. ) If the drain plug is accessible and removable. c. ) The temperature of your mechanical room. 2. ) The oil in this machine will be changed and removed from the premises. Oil will be disposed of in accordance with the EPA requirements for hazardous waste. if required. • CT V-210 ` CVHE/F / CVHB Rev. October 4, 1999 TRANS CENTRIFUGAL CHILLERS W -C (CVHE/F Style Units) COMPREHENSIVE ANNUAL INSPECTION SERVICE ELECTRONIC CTV-210 I. Report in with the Customer Representative. 2. Record and report abnormal conditions, measurements taken, etc. 3. Review customer logs with customer for operational problems and trends. 1. General Assembly *PRS -110 *PRS -120 *PRS -130 *CDS-110 *CDS-120 *CDS-130 *ANL- 180 a. Check and record refrigerant level. b. Inspect for leaks and report leak results. 1. The refrigerant should be correct before starting the leak check. To prevent unnecessary venting of refrigerant, EPA -recommended methods (e.g. hot water and/or electric blankets) must be used to pressurize the vessels. 2. In order to use EPA -recommended methods, certain conditions must be met: (A). The isolation valves on the chilled water and condenser water lines must shut off the circulation completely. (B). The temperature of the equipment room should be 70°C or higher. (C). Access connections to the condenser water and chilled water circuits must be provided (customer's responsibility). If these conditions cannot be met, the refrigerant must be removed and the vessel pressurized, using dry nitrogen and a trace gas. This additional procedure is outside the scope of this agreement. c. Calculate refrigerant loss and report to the customer. d. Repair minor leaks as required (e.g., valve packing, flare nuts). e. Visually inspect condenser tubes for cleanliness. f. Check vanes for free and smooth operation. g. Check mechanical linkages for wear. 2. Purge *PRG -110. *PRG -120. *PRG -130. *PRG -140 a. Check purge unit controls for proper operation. b. Check and clean purge drum as required. c. Clean the condenser.coil. d. Clean strainers or replace filters as required. e. Check the purge compressor assembly for leaks as required. f. Check the purge unit for proper operation. 1001", 3. Controls and Safeties *PNL-120, *PNL-130 a. Verify all settings in the electronic control panel. b. Inspect the control panel for cleanliness. c. Inspect wiring and connections for tightness and signs for overheating and discoloration. d. Verify the operation of the vane control system: e. Verify the working condition of all indicator/alarm lights and LED/LCD displays. E Verify the operation of the oil sump temperature control device. g. Test high condenser pressure safety device. Calibrate and record setting. h. Test low evaporator temperature safety device. Calibrate and record setting. i. Test low oil pressure safety device. Calibrate and record setting. j. Test high motor temperature safety device. Calibrate and record. k. Test operation of chilled water pump and condenser water pump starter auxiliary contacts. 4. Lubrication System *OIL -120 *ANL -110 a. Pull oil sample for spectroscopic analysis. b. Check oil for acid content and discoloration. Make recommendations to the customer based on the results of the test. c. Measure and record the oil pump voltage and amperage. d. Verify the operation of the oil heater. Measure amps and compare readings with the watt rating of the heater. e. Change the oil filter. f. Verify the oil level. 5. Motor and Starter *MOT -110, *MOT -120. *PNL-215 a. Clean the starter and cabinet. b. Inspect wiring and connections for tightness and signs of overheating and discoloration. c. Check condition of the contacts for wear and pitting. d. Check contactors for free and smooth operation. e. Check the mechanical linkages for wear, security, and clearances. f. Check tightness of the motor terminal connections. g. Meg the motor and record reading. h. Verify the operation of the electrical interlocks. STARTUP/CHECKOUT PROCEDURE CTV-220 1. Verify the operation of the oil heater and that the oil temperature is at least 110°F. before starting the chiller. 2. Verify full water systems, including the cooling tower, condenser and evaporator. 3. Verify clean cooling tower and strainers. 4. Start the condenser water pump, chilled water pump, and cooling tower fan(s). 5. Test all flow -proving devices on the chilled water and condenser water circuits 6. Verify the flow rates through the condenser and the evaporator. 7. Start the chiller. 8. Verify the operation of all timing devices. 9. Verify the operation of the current control device. 10. Check the setpoint and sensitivity of the chilled water temperature control device. Verify the operation. 11. Verify the operation of the condenser water temperature control device. 12. Check the mechanical limits of both vane arms. Verify smooth movement of vane arms through the full range of operation. 13. Check the starter operation. 14. Verify the motor cooling operation. 15. Check the purge operation. 16. Shut down the chiller. 17. Check the oil and refrigerant levels. 18. Re -start the chiller and log the operating conditions after the system has stabilized. 19. Review operating procedures with the operating personnel. 20. Provide a written report of completed work, operating log, and indicate any deficiencies detected.. MID-SEASON RUNNING INSPECTION CTV-230 1. Check the general operation of the unit. 2. Log the operating temperatures, pressures, voltages, and amperages. 3. Check the operation of the purge unit. 4. Check the operation of the control circuit. 5. Check the operation of the lubrication system. 6. Check the operation of the motor and starter. 7. Analyze the recorded data. Compare the data to the original design conditions. 8. Review operating procedures with operating personnel. 9. Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. CVT -125 • Tracer loo -I, L, M, CPM, Card Cage Rev. September 24, 1999 TRACER 100 INSPECTION COMPREHENSIVE ANNUAL INSPECTION CNT-125 1. Report in with the Customer Representative. 2. Review customer reports with the customer for operational problems and trends. Control Panel a. Make a back-up copy of the Tracer program. b. Check for loose or damaged parts or wiring. c. Check for any accumulation of dirt or moisture. Clean if required. d. Verify proper electrical grounding. e. Verify control panel power supplies for proper output voltages. f. Inspect interconnecting cables and electrical connections. g. Verify that manual override switches are in the desired positions.. (Tracer 100 card cage only, if applicable.) h. Check the operation of all binary and analog outputs, if applicable. (Tracer 100 card cage only, if applicable.) i. Verify proper communication link operation between the control panel and the external ICS devices. j. Calibrate control devices, if applicable. k. Verify the correct time and date. 1. Check and update the holiday schedules and daylight savings time. m. Via terminal mode, view the event log and input/output points for any unusual status or override conditions. n. Check modem operation, if applicable. o. Clean the external surfaces of the panel enclosure. p. Review operating procedures with operating personnel. q. Provide a written report of completed work, and indicate any uncorrected deficiencies detected. RUN INSPECTION CNT-126???? 1. Report in with the Customer Representative. - 2. Record and report abnormal conditions. measurements taken. etc. 3. Review customer reports with the customer for operational problems and trends. Control Panel a. Make a back-up copy of the Tracer program. b. Check for loose or damaged parts or wiring. c. Check for any accumulation of dirt or moisture. Clean if required. d. Verify proper electrical grounding. e. Verify control panel power supplies for proper output voltages. e. Inspect interconnecting cables and electrical connections. f. Verify that manual override switches are in the desired positions.. (Tracer 100 card cage only, if applicable.) g. Verify proper communication link operation between the control panel and the external ICS devices. h. Calibrate control devices, if applicable. i. Verify the correct time and date. j. Via terminal mode, view the event log and input/output points for any unusual status or override conditions. k. Check modem operation, if applicable. 1. Clean the external surfaces of the panel enclosure. m. Review operating procedures with operating personnel. n. Provide a written report of completed work, and indicate any uncorrected deficiencies detected. 1 • . SCHEDULE NO. 06 4 y A • SUPPLEMENTAL TERMS AND CONDITIONS VTOTAL MAINTENANCE",or "EXTENDED FACTORY WARRANTY COVERAGE ON EXISTING EQUIPMENT".) A. This agreement presupposes that all major pieces of equipment are in proper operating condition at the signing of this agreement. B. It shall be the responsibility of the Service Company to inspect the equipment covered by this agreement and report to the Customer any malfunctions or defects that need attention or repair within forty five (45) days after each party has agreed to and signed the agreement. If equipment can not be operated within this 45 day period due to seasonal conditions or other factors beyond our control, the period for initial inspection will be extended to 45 days after the equipment can be operated and checked. C. It shall also be the responsibility of the Service Company to make the recommendations and to assist the Customer in restoring the equipment to proper operating condition. However, all of the actual restoration costs shall be paid by the Customer. D. After equipment restoration to original operating conditions has been approved by the Service Company, coverage will become effective in accordance with the terms of this agreement. This agreement does not extend to or cover repairs, replacements or services required through ' normal wear and tear, corrosion or deterioration, or necessitated in whole or in part by improper installation, operation, or maintenance by Buyer, weather, (damage by storms, lightning or freezing, etc.), misuse, abuse (including excessive operating conditions), negligence, accident or catastrophe (including damage to materials in shipment without fault of the Company). adjustment. repair or alteration by other than the Company's service representatives or such as would adversely affect the performance and/or reliability of the equipment, or modification or addition to the control system, or other causes external to the equipment (such as power failure), or for detects in design or estimates of necessary capacity or size. • ADDITIONAL TERMS AND CONDITIONS OF THIS CONTRACT THE SERVICE AGREEMENT IS SUWECI IN ALL RESPECTS TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: 0 I , e 1'an c�solSTZ t Comp�nv i& ctcd Lamlsn s cco ith an%� Wottfi artv�efnr6ia i, 'c esi n.0 ns 4 isin stout of myuse 1stP 'T 'roof the kj com;ncrc24 tend at,liumerrs tr�ense any atm �i�atoiu or c gnaws base�on xudt p at:ns ottem m rtngcmcnL me udtng auomeys lees and �atpcnstx. Judgment costs. odilication And Witivc( us lontract cons note s oRe final written expression of the t jureof and Ihts a Fomptete qn exclusive statement of thoso terms. NO t t c tion. or amens of ttus ttarx, or anv term or vision h t. �e�imdtn r mon �e totq ess a res§Iv to rn wcrtc�bv lompam•. enc. `omP�v�u�e t� ent�c�rcx nitv�condiuon�i r tb exercise am'ut' its q¢htS r s n s t not con�ttittte a �vatp of ami xuch tams. condAion w: tC of Ga the T, m pts s ng�it w ccitorce stnct comphana wtt�i tetras an�con�iuons of tPus i otitrsa. dd•tional Work o��jatuuns adversely affecting tiic'encv oro n, which were, not cilecin�°�enor ��nebe �I e�"� tesresses'c `onland an esuma aess am �uye andohu 0 ua t tedr KlIffingglanager cBe ate tcc� wo is tere into. mess riisannp � f�muhor a�ttion ivo -oper"r azt or 'u ntv. Disctalmer pt Warns tiespad Umited bcji to om any t the tf tt�nycovthts Contt�gt, �yhen of cUt ) (9�e ys ro e datenof ry p won ati nnt� tothe e .,.00i tco et c l st�oniruhx it at lt'� i er �ates. an� u 07+ ( y) or a prnoc�ot ncnety (�0 ays Rev. 3/3197 (Service Agreement) S�L