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CONTRACT 2615B Amendment CLOSED Agreement No. 2615B SECOND AMENDMENT TO AGREEMENT NO. 26I5*► ETWEEN THE CITY OF EL SEGUNDO AND SIEMENS INDUSTRY, INCORPORATED THIS SECOND AMENDMENT ("Amendment") is made and entered into this I" day of February, 2014,by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ("CITY'), and SIEMENS INDUSTRY,INCORPORATED. ("CONSULTANT"). 1. Pursuant to Section 19 of Agreement No. 2615A ("Agreement"), a. Section 2 of the Agreement is amended to renew the contract term from February 1, 2014 to January 31, 2019. b. Section 1(c) of the Agreement is amended to increase the budget as identified in Exhibit"A;'attached and incorporated by reference. c. Section 3 of the Agreement is amended to include the Scope of Work as identified in Exhibit"A," attached and incorporated by reference. 1 This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment,all other terms and conditions of Agreement No. 2615A remain the same. [SIGNATURES ON NEXT PAGE) 1 Agreement No. 26156 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY 11"SE. A DO SIEMENS INDIJST[ Y, INC. -71 Gre C � saner Si lU We g v City agcy � Title Taxpayer ID No. L2�2 j6ALfP4F-;1' r APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney " B �ttx7uoriie K �'�I 4.Berger, Assistant C.".i �. 2 Agreement No. 26158 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO SIEMENS INDIJSS"TII Y, INC. Greg Carpenter Sigm,, rre City Manager .� .� "W ��� ��� Title ATTEST: p� �_m._. p Taxpayer ID No. Tracy Weaver; City Clerk APPROVE 11 M: MARK D. I ttorney By: Karl H. Merge ssistant City Attonie 2 yy �e N a r I s �k 1, W w w M /r If ff tow Advantage Services® Agreement for City of E1 Segundo-Bi-Monthly and Annual Service September 30,2013 SIEMENS p" 1�' I A ' s a r r r er t N0. 2615B Advantage Services Agreement for City of E1 Segundo September 30,2013 Siemens Industry, Inc. 1/14/2014 Page 1 W Table of Contents Advantage Services 1 1 Overview 3 1.1 Executive Summary 3 1.2 Siemens Capabilities&Commitment to Our Customers 3 2 Service Solution 4 2.1 HVAC CONTROL SERVICES—Automation 4 2.1.1 Technical Support Services 4 2.1.2 System Performance Updates&Upgrades 5 3 Service Implementation Plan 6 3.1 Maintained Equipment Table 6 3.2 Additional Material List 8 3.3 Service Team 9 4 Siemens Industry,Inc. 10 4.1 Signature Page and Investment By and Between: 10 4.2 Terms And Conditions 12 Siemens Industry, Inc. 1114/2014 Page 2 A reement No. 26156 1 Overview 1 . 1Executive Summary You have made a significant investment in your facility and its complex technical systems which are critical to the profitability and productivity of your overall business. This proposed service solution, our Service Agreement, will proactively serve to protect that substantial investment through a program of planned service tasks by our trained technical staff. This Service Agreement has been specifically developed to support your unique facility,and the services provided herein will help you in achieving your facility goals. 1 . 2 Siemens Capabilities & Commitment to Our Customers Siemens Industry, Inc. is the leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. Siemens is pleased to offer this proposal for technical support services to your facility. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet your critical facility needs today and in the future, and we look forward to the opportunity to serve you. Siemens Industry, Inc. 1/14/2014 Page 3 10=011 lie! 2 Service Solution 2 . 1 HVAC CONTROL SERVICES - Automation 2 . 1. 1 Technical Support Services Emergency Online/Phone Response: Monday through Sunday,24 Hours per Day: System and software troubleshooting and diagnostics will be provided remotely to enable faster response to emergency service requests and to reduce the costs and disruptions of downtime. Siemens will respond within 2 hours,Monday through Sunday,24 hours per day,including Holidays,upon receiving notification of an emergency,as determined by your staff and Siemens. Where applicable, Siemens will furnish and install the necessary online service technology to enable us to remotely dial into your system, through a dedicated telephone line that will be provided by the facility. Where remote access is not available to the system, Siemens will provide phone support to your staff to assist in their onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to resolve the problem,a technician can be dispatched. Depending on your contract coverage,the on-site dispatch will be covered or will be a billable service call. Up to 8 hours of POST is included. Emergency Onsite Response: Monday through Sunday,24 Hours per Day:Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond within 4 hours for critical emergencies,or within 8 hours for non-emergency conditions,Monday through Sunday,24 hours per day,including Holidays,upon receiving notification of an emergency. Critical emergencies,as determined by your staff and Siemens,are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions,as determined by your staff and Siemens,are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions,as determined by your staff and Siemens,may be incorporated into the next scheduled service call. Preventive Maintenance: We will provide preventive maintenance in accordance with a program of routines as determined by our experience,equipment application and location. The list of field panels and/or devices,included under this service,is identified in the List of Maintained Equipment in this service agreement. Automation controls can drift out of calibration with changes in HVAC component performance characteristics,building use,and climatic conditions. This service will extend equipment life,reduce energy consumption,and reduce the risk of costly and disruptive breakdowns. Automation Service-6 times per year VFD Annual Maintenance on 9 Drives Data Protection&Data Recovery Services:Siemens will perform scheduled database back-ups of your workstation database&graphics and/or field panel databases and provide safe storage of this critical business information. Should a catastrophic event occur,we will respond onsite(or online if such service is included in this service agreement)to reload the Siemens Industry, Inc. 1/14/2014 Page 4 r errl l t No. 2615B databases and system files from our stored backup copy,to restore your operation as soon as possible.The equipment to be included as part of this service,is itemized in the List of Maintained Equipment in this service agreement. Back-up twice a year. Software Maintenance: Siemens will address any programming errors,failed points,points in alarm,unresolved points or points in operator priority,both at the front end workstation and at the field panel. We will perform this service using onsite visits and/or remote services(if applicable). Repair&Replacement Services:To reduce the effects of unbudgeted repairs, Siemens will provide labor and/or materials to repair or replace failed or worn components to maintain your system in peak operating condition. Components that are suspected of being faulty may be repaired or replaced in advance to minimize the occurrence of system interruptions. Equipment covered under this agreement is itemized on the List of Maintained Equipment,unless otherwise noted. Items not covered will be brought to the owner's attention. 2 . 1 .2 System Performance Updates & Upgrades Software Support and Updates: Siemens will provide you with software and documentation updates to your existing Siemens software as they become available(approximately annually). Included is onsite training to familiarize you with the new features and their associated benefits.These updates deliver the benefits of Siemens Industry,Inc. commitment to compatibility by design, a commitment unique in our industry.Workstations covered under this service are itemized in the List of Maintained Equipment. (1) One laptop(provided in 2011 for replacement of computer)located in Facilities Supervisor's Office-See equipment list. Will Update(1)Advance Server License as released. Siemens Industry, Inc. 1/14/2014 Page 5 reement Goo. 26165 3 Service Implementation Plan 3 . 1 Maintained Equipment Table SIEMENS Siemens Industry, Inc. Service Agreement Equi I prn I e I nt Equipment t Equipment Q Number Serial LY Location Mfg/Model ontrol Systems Data Pr-o faction 8� Insl g ht 3.X -Summary a Level Data Recovery B/U on-site 2 Services(Times per year): Data Protection&Recovery Services(2) Control Systems Data Protection & Panel B/U -Summa ry Data Recovery on-site 2 Le Services(Times per year): Data Protection$Recovery Services(2) Insight Insight CRT, Workstation Workstation Keyboard 1 Components Components Services(Times per year): Preventative Maintenance(3) -R&R Labor&Material Insight Insight Modem Workstation Workstation (General) 1 Components Components Services(Times per year): Preventative Maintenance (3) -R$R Labor$Material Insight Insight Workstation Workstation Lap Top 1 Components Components Hardware Services(Times per year): Preventative Maintenance (3) - R&R Labor&Material System 600 System 600 ALN FLN 1 ALN Controller Services(Times per year): Preventative Maintenance (3) -R&R Labor&Material Siemens Industry, Inc. 1/14/2014 Page 6 i N n r m • • • • Serial Equipment Oty Category' - • System 600 MBC 40 2 ALN System 600 ALN MEC 3 Services (Times per year): Preventative Maintenance (2)- R& R Labor& Material-Software Maintenance(1) System 600 TEC - FLN System 600 FLN Electronic 45 Outputs Services (Times per year): Preventative Maintenance (2)- R& R Labor& Material System 600 Variable FLN System 600 FLN Frequency 9 Drive SED-2 Services (Times per year): Preventative Maintenance (1)- R & R Labor& Material Damper Field Hardware Field Hardware Actuator 45 (Electronic) Services (Times per year): Preventative Maintenance (2) - R& R Labor& Material Temp, Field Hardware Field Hardware Outside Air 3 RTD, Platinum Services (Times per year): Preventative Maintenance(2) - R& R Labor& Material Temp, Field Hardware Field Hardware Room RTD, 66 Platinum Services (Times per year): Preventative Maintenance (2)- R& R Labor& Material Insight 3.X System Software Support Adv Performance and Updates first/sin g le 1 Updates server Update Services (Times per year): Software Update (1) Siemens Industry, Inc. 1/14/2014 Page 7 A reeraen t N . 2615B 3 . 2 Additional Material List Equipment Qty Serial Location Mfg/Model I Number Training- 1 day customer specific training 1 Onsite Siemens Industry, Inc. 1/14/2014 Page 8 A ado. 26156 3 . 3 Service Team An important benefit of your Service Agreement derives from having the trained service personnel of Siemens Industry,Inc. familiar with your building systems. Our implementation team of local experts provides thorough,reliable service and scheduling for the support of your system. The following list outlines the service team that will be assigned to the service agreement for your facility. Your Assigned Team of Service Professionals will include: Craig Mackey-Sales Account Representative manages the overall strategic service plan based upon your current and future service requirements. Taylor Dinh-Service Account Engineer or Team Leader is responsible for ensuring that our contractual obligations are delivered,your expectations are being met and you are satisfied with the delivery of our services. Primary Service Specialist—Dave Garza or Service Mechanic—Adele Shaker is responsible for performing the ongoing service of your system. Donell Stewart-Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Siemens Industry, Inc. 1/14/2014 Page 9 A t No. 2615B 4 Siemens Industry, Inc . 4 . 1Signature Page and Investment By and Between : Siemens City of El Segundo 10775 Business Center Drive 150 Illinois St Cypress,CA 90630 El Segundo,CA 90245 Taylor Dinh Martin Whitehead 714-227-4637 310 524-2713 Services shall be provided for the following sites tied into the EMS System: City Hall-350 Main Street Police-348 Main Street Fire#1 -314 Main Street Fire#2-2261 E,Mariposa Ave Library- 111 W.Mariposa Maint Facility- 150 Illinois Street Siemens shall provide the services as outlined in the attached proposal dated 09/30/2013 and the attached terms and conditions. Duration:This agreement shall remain in effect for an Initial Term of 5 Years beginning 2/1/2014 and from year to year thereafter. Investments: Year 1 2/01/2014 to 1/31/2015 $39,906 annually paid$39,906 annually Year 2 2/01/2015 to 1/31/2016 $41,104 annually paid$41,104 annually Year 3 2/01/2016 to 1/31/2017 $42,337 annually paid$42,337 annually Year 4 2/01/2017 to 1/31/2018 $43,606 annually paid$43,606 annually Year 5 2/01/2018 to 1/31/2019 $44,915 annually paid$44,915 annually ***Annual payment pricing reflects 2%discount Applicable sales taxes are not included in the price of this proposal.Prices quoted in this proposal are firm for 30 days. Proposal accepted by: Proposal submitted by: Martin Whitehead Taylor Dinh Maintenance Supervisor Account Engineer City of El Segundo Siemens ......,, ...................................... .............................. Signature Date Signature Date P.O.# Dan Holmes Customer purchase order included as an attachment to this agreement and will be referenced on invoices. Area Sales Manager Or Customer purchase order not required. Invoices will be approved and processed with signature of authorized customer representative. Signature......................................... . Date The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: (i)the Proposal and the Contract Terms and Siemens Industry, Inc. 1/14/2014 Page 10 dl rnt N0. 2 1 B Conditions,(together with any other documents incorporated into the forgoing)shall constitute the entire agreement of the parties with respect to its subject matter(collectively,hereinafter referred to as the"Agreement")and(ii)in the event of any conflict between the terms and conditions of the Proposal and the terns and conditions of The Contract Terms and Conditions,the Contract Terms and Conditions shall control. BY EXECUTION HEREOF,THE SIGNER CERTIFIES THAT(S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY,INC.OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN,AND THAT(S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. Siemens Industry, Inc. 1/14/2014 Page 11 A l NO, 2615B Article I. Labor Pricing As a Siemens Service customer with an active agreement, you will receive the benefit of a discount from our standard labor rates and material prices for any work quoted work outside of this service agreement. Standard rates and preferred customer rates are documented below. All rates are current as of 0601/2013&are subject to change with or without notice. Please be advised that Portal to Portal labor charges may apply. Service ASA ASA ASA Non-A Non-ASA Non-ASA Customer Customer Customer I Customer Customer Customer Standard Time Over Time Double Time Standard Time Over Time Double Time On-Line Support: 1 Hr Min 1 Hr Min 1 Hr Min 2 Hr Min 2 Hr Min 2 Hr Min Modem or Phone $153.001hr $199.00/hr $245.001hr $198,00/hr $297.00lhr $396.001hr Automation 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $153.00lhr $199.001hr $245.00/hr $198,00/hr $297.00/hr $396.001hr Mechanical 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $140.00mr $182,001hr $224.00/hr $182.001hr $273.001hr $364.00/hr Electronic Installer 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Cell $114.00/hr $150.00/hr $184.00/hr $148.00/hr $222.00/hr $296.00/hr Electrical Services 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $182.001hr $237.00/hr $291,00/hr $236.00/hr $354.001hr $472,001hr Fire 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $146.00/hr $190.00/hr $233,00/hr $190,00/hr $285.00mr $380.001hr Security 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $139.00/hr $182,00/hr $224.001hr $182,001hr $273.001hr $364.00/hr Project Manager/service Account Engineer 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $208.001hr $208.001hr $208.001hr $270.00/hr $270.001hr $270.00/hr Fee:On Site Trio $70.00/Trl $70,001 Trio $70.00/Trip $95.00/Trip $95,00/Trio $95.00/Trio Overtime rates In the table apply for calls Monday through Friday 4:30 p.m.-8:00 am excluding Holidays, Double time applies for Sundays and Holidays. 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