FIRST AMENDMENT PROFESSIONAL SERVICES AGREEMENT
this I HIS FIRST AMENDMENT TO AGREEMENT is made and entered into day of MAY 2021, by and between the City of Merced, a
California Charter Municipal Corporation ("City"), and TK Elevator Corporation, a Delaware Corporation ("Consultant") whose address of record is 940 Riverside Parkway, Suite 20, West Sacramento, California 95605.
WHEREAS, Consultant, under the name of ThyssentKrupp Elevator Corporation and the City previously entered into an Agreement for Professional Services ("Agreement") dated August 31, 2020; and
WHEREAS, City and Consultant desire to amend said Agreement to provide for the name change of the Consultant.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree a follows:
The Agreement dated August 31, 2020, between the City and Consultant shall be amended to reflect the change of the Consultant to TK Elevator Corporation, a Delaware Corporation.
The Consultant shall provide an updated certificate of insurance.
3. Section 22, "PREVAILING WAGES," is hereby added to the Agreement to read as follows:
"SECTION 22. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed
under this Agreement falls within Labor Code Section
1720(a)(1) definition of a "public works" the Vendor
agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Vendor further agrees to the penalties and
forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
X: Agreements|Public Works|2021\1st Amendment to Elevator Maintance Agr Re Name Change.docx B. These wage rate determinations are made a
specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage
Rate Determinations may be obtained from the
Department of Industrial Relations Internet site at
http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to
commencing work, all applicable General Prevailing
Wage Rate Determinations.
Wage Rate Determinations, if applicable, are to be
Industrial Relations. Theses wage rate determinations
are to be posted by the Vendor at the job site in
accordance with Section 1773.2 of the California Labor
Code.
D. Vendor agrees to include prevailing wage
requirements, if applicable, in all subcontracts when the work to be pertormed by the subcontractor under this
Agreement is a "public works" as defined in Labor Code
Section 1720(a)(1) and Labor Code Section 1771."
4. Section 23, "ADDITIONAL WORK," is hereby added to the Agreement to read as follows:
"SECTION 23. ADDITIONAL WORK. The Consultant
shall provide the additional work as described in the
Exhibit 1, attached hereto."
5. Section 24, "ADDITIONAL COMPENSATION," is hereby added to the Agreement to read as follows:
"SECTION 24. ADDITIONAL COMPENSATION.
City shall pay Consultant the not to exceed additional
sum of One Hundred Eighty-Five Dollars ($185.00) per
month for additional work in accordance with the rates
set forth on Exhibit "1" attached hereto, for a total not to exceed sum of One Thousand Five Hundred Eighty-Five
Dollars per month, for a total of Nineteen Thousand
Twenty Dollars ($19,020.00) annually."
X: \Agreements\Public Works\2021\Ist Amendment to Elevator Maintance Agr Re Name Change.docx 2 Except as herein amended, the Agreement dated August 31, 2020 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY: Suphane hlitz
ity Manage
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY: TY
COPRATED ARE
APPROVED AS TO FORM:
BY: Thuda A bom 4/12/21
City Attorney Date
301325 PO# 141503
ACCOUNT DATA:
BY: Yunr
Verified by Finance Officer V- 18735
Funds avaulable. us 4/30121
671-1119-532-25-00 RL 5/4/21
Fy 2012)
$370.00
py21|22
52122000
X: Agreements|Public Works|2021\1st Amendment to Elevator Maintance Agr Re Name Change.docx 3 CONSULTANT
TK ELEVATOR CORPORATION,
A Delaware Corporation
BY:
(Signature)
Dantd Opfer
(Typed Name)
Its: Branch Manager
(Title)
(Signature)
LORi Thornh.ll
(Typed Name)
ns: Office Manager
(Title)
Taxpayer ID. No. 62-1211267
ADDRESS: 940 Riverside Parkway
Suite 20
West Sacramento, CA
95605
TELEPHONE: | 800 664 5438
FAX: 1866 572 2888
E-MAIL:[email protected]
X: \Agreements\Public Works\2021\1st Amendment to Elevator Maintance Agr Re Name Change.docx 4 : Elevator Maintenance Service
ADDITIONAL WORK
This additional scope of services includes elevator maintenance service of the City owned elevator listed herewith:
Make Passenger Site Address State ID Pricing Per
(Hydraulic) Month
WICO 1 Lift Station 3156 N. HWY 59 146142 $185.00
The following items represent the basic scope of service to be rendered:
CLEAN (remove dirt, lint, excess oil and grease):
Power units
Control Equipment (relay panels, selectors, operating switches, etc.) Pit Equipment (remove normal accumulation of rubbish)
Guide Rails and Brackets (brush to remove lint and dust) Car Frames (guide shoes, safety parts, etc.)
Top of Cars and Bottom of Platforms
Car Door and Gate Openers
Hoist way Door Equipment
LUBRICATE:
Oil and grease as required, according to manufacturer's lubrication schedules. Provide proper lubrication to all items of elevator equipment at intervals recommended by the manufacturer and/or as a result of visual examinations.
Power Unit (refill tank when necessary-flush and filter) Control Equipment (selectors, operation switches and devices, etc.) Guide Rails (refill lubricators as often as required)
EXAMINE:
Provide a thorough visual examination of all exposed parts accessible without dismantling components.
Examinations are to be performed on a regular scheduled basis at intervals to be established based on use and need. Examinations to be performed by a State of California Certified Competent Conveyance Mechanic.
ADJUST:
Provide all necessary adjustments during regular scheduled examination visits. l|Page
EXHIBIT 1
Elevator Maintenance Service
REPAIR:
During regular working hours provide necessary major and minor repairs, including labor and parts as required, to the following items:
Control Equipment (relay panels, selectors, operating switches, etc.) Car Door and Gate Operators
Hoist way Door Equipment
Interlocks
Leveling Switches (car and hoist way switches and cams) Guide Shoes (car roller guides, shoes, gibs, etc.)
Pit Equipment
Hydraulic Valves, Pumps, Pump Motors (Power Unit)
"V" Belt on Power Unit
Door Motors
Guide Bearings, Packing and Packing Gland (Hydraulic Seals) CALLBACK SERVICE:
Provide minor emergency callback service during regular time hours at no additional charge to the customer.
Overtime shall consist of weekdays 5pm to 8am, and Saturdays. (Hours as recognized by the International Union of Elevator Constructors.)
Double-time shall consist of Sundays and Holidays. (Hours as recognized by the International Union of Elevator Constructors.)
Billing for overtime call backs shall be at the following rates:
Overtime $325.00 per hour
Double-time $650.00 per hour
Overtime and double-time shall have two hour minimum for call out.
ITEMS NOT COVERED:
Cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels and/or fixtures, hoist way door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breakers), feeders to controller, hydraulic elevator jack casing, buried piping, alignment of guide rails, smoke and fire sensors, communication devices, security systems, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement.
MAINTENANCE FREQUENCY:
No less than twelve (12) maintenance visits per year. Fire recall testing and State of California-required record-keeping shall be completed by elevator service provider. 2| Page
Elevator Maintenance Service
RESPONSE TIME:
In the event of trapped passengers), elevator service provider shall provide a technician on-site in forty- five (45) minutes or less from the time of notification. In the event the elevator requires repair, but is unoccupied, then response time shall be within four (4) hours or less.
ON-LINE RECORD-KEEPING:
Elevator service provider shall provide Purchaser with on-line service records, inspection reports and preliminary orders.
TESTING:
Elevator service provider shall provide all required testing on all hydraulic elevators, as required by the State of California, at no additional charge. The testing shall be covered during business hours. The elevators shall individually be out of service during the testing.
Any additional billing as a result of vandalism, misuse/damage by others, work not covered under the terms of this order shall be approved in writing PRIOR to commencement of the work. 3| Page