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Home My WebLink AboutContract 53105-A4R4 (2)DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE CSC No. 53105-A4R4 FOURTH AMENDMENT TO AND FOURTH RENEWAL OF CONTRACTOR SERVICES AGREEMENT FOR UNINTERRUPTABLE POWER SUPPLY EQUIPMENT FORT WORTH CITY SECRETARY CONTRACT NO. 53105 This Fourth Amendment to and Fourth Renewal of the CONTRACTOR SERVICES AGREEMENT FOR UNINTERRUPTABLE POWER SUPPLY EQUIPMENT ("Amendment and Renewal"), Fort Worth City Secretary Contract No. 53105, between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and EATON CORPORATION ("Contractor"), a Texas Corporation, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS City, through its Property Management Department, and Contractor entered into an agreement for uninterruptable power supply services, said agreement being identified as Fort Worth City Secretary Contract No. 53105 and having an effective date of November 20, 2019 (the "Agreement"); and WHEREAS the Agreement was amended for the first time on June 3, 2020 (Fort Worth City Secretary Contract No. 53105-A1) to change the Agreement's effective date to May 6, 2019 and to add certain services; and WHEREAS the Agreement was amended for a second time on June 8, 2020 (Fort Worth City Secretary Contract No. 53105-A2) to correct the Agreement's initial term; and WHEREAS the Agreement's second renewal was amended on May 11, 2021 and again on May 20, 2021 to revise the amount paid to the Contractor (Fort Worth City Secretary Contract Nos. 53105-R2A1 and 53105-R2A2 ); and WHEREAS the Agreement was amended for the third time on April 29, 2022 to allow for an annual payment to the Contractor in an amount up to $46,188.00 (Fort Worth City Secretary Contract No. 53105-A3R3); and WHEREAS the Agreement provides that it may renewed for an unlimited number of one- year renewal periods upon the mutual agreement of the parties; and WHEREAS the term of the Agreement has been renewed through May 5, 2023 (Fort Worth City Secretary Contract Nos. 53105-R1, 53105-R2, and 53105-A3R3); and WHEREAS City and Contractor now desire to renew the Agreement through May 5, 2024; and WHEREAS City and Contractor also desire to amend the Agreement for a third time to amend service quote prices and to allow payment to the Contractor in an amount up to $51,000.00 for this renewal period. NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, agree to the following terms: OFFICIAL RECORD CITY SECRETARY Fourth Amendment to and Fourth Renewal of FT. WORTH, Tx Fort Worth City Secretary Contract No. 53105 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE 1. Renewal. The City and Contractor hereby agree to extend the Agreement for an additional one (1) year term which will expire on May 5, 2024. 2. Service Quote. The prices included in Eaton UPS Service Quote: 415190-1, attached to this Amendment and Renewal as Exhibit A, are incorporated into the Agreement. 3. Compensation. For the renewal period expiring on May 5, 2024 the City shall pay to Contractor an amount not to exceed Fifty -One Thousand Dollars and 00/100 ($51,000.00). 4. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [signature page follows] Fourth Amendment to and Fourth Renewal of Fort Worth City Secretary Contract No. 53105 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE ACCEPTED AND AGREED: CITY OF FORT WORTH: t-)aha &44�Ofj By: Dana Burghdoff (M 2, 2023 3:56 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: May 2, 2023 APPROVAL RECOMMENDED: By: Name Title: Steve o ke (Apr 27, 2023 08:59 CDT) Steve Cooke Property Management Director ATTEST: nqq� a''►'o�iOgT 0 0 o=g fl4p�EXaaga4.d By: Name: Jannette S. Goodall Title: City Secretary 10 111 M "T90I ICI] Eaton ' Y: rt� Nl.t&,a d (, K'ra A& By: Name: Michael D. Longman Title: President Date: April 25, 2023 1 9 :17 PDT Fourth Amendment to and Fourth Renewal of Fort Worth City Secretary Contract No. 53105 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Denise Garci pr 25,202320:49 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Matthew A. Murray Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE F 41 .@ pa"Iyng &S�rwz DWor/drpde Eaton UPS Service Quote: 415190-1 Quote Date: 04/11/2023 (Effective until 05/11/2023) Prepared For: Billing Contact: Aaron Cutaiar, Facility Manager Billing Company: City of Fort Worth 5001 James Ave. Fort Worth, TX 76107 817-392-6695 Email: Aaron.Cutaiar@fortworthtexas.gov. Curtis Mitchell, Sr. Service Sales Representative Eaton Corporation 637 Westport Pkwy Suite 200 Grapevine, TX 76051 972-342-1568 Email: curtisjmitchell@eaton.com For Covered Equipment at Site: Site Contact: Aaron Cutaiar, Site Company: City of Fort Worth - 13th St 275 W. 13th St Fort Worth, TX 76102 817-392-6695 Email: Aaron.Cutaiar@fortworthtexas.gov. We are pleased to provide the following services proposal for your power quality equipment. Please refer to the Scopes of Work (SOW) for descriptions of service coverage and exclusions. Eaton Corporation terms and r- nditions (Eaton Corp. Service Agreement T-0- attadh.m.ent) govern this proposal, and any purchase order s, - ibmitted to Eaton pursuant therato. Additional or different tsrms proposed by Buyer, whether in its purGhase order or nth[-4P-N se, shall not be binding upon Eaton Corporation and are hereby rejeGted unless expressly agreed to On writing by Eaton Corporation. Eaton Corporation nannot be held laable, and Buyer shall not be entitled to any damages and.ler GaSe Eaton Corporation is prevented, hindered or delayed from or In performing any of obligations resulting from the ImpaGt of the outbrealk of COVID-11 9 for reasons not attrib, itable to Eaton Corporation. Serial Number New/Renewal Model Description Battery Type, Quantity Coverage Type ED382CBB11 R 9390-40-80 N/A Proactive Service Plan EX413CAA03 R 9390-100-160 N/A Proactive Service Plan EM334UXX03 R 93PM-100-400 N/A Proactive Service Plan EM334UXX02 R 93PM-100-400 N/A Proactive Service Plan EP401 UXX07 R 93PM-20-50 N/A Proactive Service Plan EP095UJJ03 R 93PM 208V-20-60 VRLA Sealed, 40 Proactive Service Plan EP273UJJ01 R 93PM 208V-20-60 VRLA Sealed, 40 Proactive Service Plan Quantity 1, Eaton 9390-40-80, N/A Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 ProActive Service Plan 8 Hr (PA81 NEDX-0080) • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • EOSL Status Active; Moving to Best Effort on Jan 1, 2027 Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Term: 1 Year Unit Unit Extended List Price Net Price Net Price $8,292.00 $5,746.36 $5,746.36 9390-40-80 Total Price: $8,292.00 $5,746.36 $5,746.36 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE F k .TeN Site Location Model Serial Number City of Fort Worth - 13th St 9390-40-80 ED382CBB11 Quantity 1, Eaton 9390-100-160, N/A Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 ProActive Service Plan 8 Hr (PA81 NEDX-0160) • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • EOSL Status Active; Moving to Best Effort on Jan 1, 2027 Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Quantity 1 Subtotal: 1 Term: 1 Year Unit List Price $10,142.00 9390-100-160 Total Price: $10,142.00 Site Location Model Serial Number Quantity City of Fort Worth - Western 9390-100-160 EX413CAA03 1 Subtotal: 1 Quantity 1, Eaton 93PM-100-400, N/A Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 Term: 1 Year ProActive Service Plan 8 Hr (PA81NEDX-0550) • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Site Location Model City of Fort Worth - City Hall 93PM-100-400 $5,746.36 $5,746.36 Unit Extended Net Price Net Price $7,028.41 $7,028.41 $7,028.41 $7,028.41 $7,028.41 $7,028.41 Unit Unit Extended List Price Net Price Net Price $14,217.00 $9,852.38 $9,852.38 93PM-100-400 Total Price: $14,217.00 Serial Number Quantity EM334UXX03 1 Subtotal: 1 $9,852.38 $9,852.38 $9,852.38 $9,852.38 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE F k ie rbwerrng 8+J5mw wor/dI od' Quantity 1, Eaton 93PM-100-400, N/A Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 ProActive Service Plan 8 Hr (PA81NEDX-0550) • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Term: 1 Year Unit List Price $14,217.00 93PM-100-400 Total Price: $14,217.00 Site Location Model Serial Number Quantity City of Fort Worth - City Hall 93PM-100-400 EM334UXX02 1 Subtotal: 1 Quantity 1, Eaton 93PM-20-50, N/A Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 Term: 1 Year ProActive Service Plan 8 Hr (PA81 NEDX-0050) • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 93PM-20-50 Total Price Site Location Model Serial Number City of Fort Worth 93PM-20-50 EP401 UXX07 Subtotal Unit Extended Net Price Net Price $9,852.38 $9,852.38 $9,852.38 $9,852.38 $9,852.38 $9,852.38 Unit Unit Extended List Price Net Price Net Price $6,925.00 $4,799.03 $4,799.03 $6,925.00 $4,799.03 $4,799.03 Quantity 1 $4,799.03 1 $4,799.03 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE ie F k rbwerrng Busmez worldrodr Quantity 1, Eaton 93PM 208V-20-60, VRLA Sealed, 40 Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 Term: 1 Year Unit Unit Extended List Price Net Price Net Price ProActive Service Plan 8 Hr (PA81NEDX-0080) $8,292.00 $5,746.36 $5,746.36 • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x per term: Sealed Battery Preventive Maintenance, Any Time (0005NSXX040) $1,120.00 $698.54 $698.54 • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-5, R-6, R-32, R-10 93PM 208V-20-60 Total Price: $9,412.00 $6,444.90 $6,444.90 Site Location Model Serial Number Quantity City of Fort Worth - Police 93PM 208V-20-60 EP095UJJ03 1 $6,444.90 911 Subtotal: 1 $6,444.90 Quantity 1, Eaton 93PM 208V-20-60, VRLA Sealed, 40 Coverage Start Date: 5/6/23 Coverage End Date: 5/5/2024 Term: 1 Year Unit Unit Extended List Price Net Price Net Price ProActive Service Plan 8 Hr (PA81NEDX-0080) $8,292.00 $5,746.36 $5,746.36 • After Hours (7x24) • 8 HR Response Time • 1x per year: UPS Preventive Maintenance After Hours (7x24) • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x per term: Sealed Battery Preventive Maintenance, Any Time (0005NSXX040) $1,120.00 $698.54 $698.54 • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-5, R-6, R-32, R-10 93PM 208V-20-60 Total Price: $9,412.00 $6,444.90 $6,444.90 Site Location Model Serial Number Quantity City of Fort Worth - Police 93PM 208V-20-60 EP273UJJ01 1 $6,444.90 911 Subtotal: 1 $6,444.90 List Price Net Price Grand Total Price: $72,617.00 $50,168.35 Dollars Saved': $22,448.65 DocuSign Envelope ID: 3F8EB973-CE86-4E81-8E04-52B14C4259EE Time and Material Service Rate Schedule FITON Attachment X-1 Powering Business Worldwide The following rate schedule appIies to all services rendered on non -contracted and non -warranty equipmentand to all services performed on contracted equipment where the service performed is outs ida th e sco pe of th a co ntracted coverage. Labor rates are based on the actual time of delivery. Specific contract customers maybe eligible ford is counts on time and material charges. Portal to Portal Labor per Hour (On -site andTravel Time) Mon.— Fri., Business Hours (8AM — 5PM) $350 Mon. — Fri., After Business Hours (5PM — 8AM) $449 Weekends and Holidays (Saturday 12:01 AM — Sunday Midnight) $558 WA State Electrician Adder Per Hourfor On -Site Work Done in State of Washington $191 Minimum Labor Billing * minimum value range equal to above rates x hourly min imum Equipment below200kVA, Five day or less response 4hour min. $1,390 to $2,224 E ui ment200kVA and above or Multi Module, Five day or less response 6hour min. $2,085to $3,337 Eq ui p men t 200kVA an d abo ve o r Multi Mod ul e, Two d ay or less res p onse 8hourmin. $2,779 to $4,449 Travel & Living Expenses Transportation Mileage included in I abo r rates All others airfare, car rental, tolls, etc. Actual Lod in &Meals Actual Calculation of Labor and Mileage Charges: Portal to Portal (travel labor and mileage) Materials/Spare Parts: Materials/Spare Parts Current List Price Minimum billing $191 Domestic, $443 International Parts Expedite Fees Mon. — Fri., Business Hours (8AM — 5PM) $191 Mon.— Fri., After Business Hours (5PM — 8AM) $417 Weekends and Holidays $663 Freight Expense Freight —FOB Factor $126 Minimum Same Day Delivery $317 pIusfreight Depot Repair Labor Depot Reair Labor $191 perhour Minimum Billing $191 Expediting Fee $158 Eaton Corporation Time and Material Service Agreement MZ161013EN Revision: Jan 2023 Page 1 of 1