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BLUE ROUTE SHEET- CITY MANAGER REVIEW/APPROVAL REQUIRED Originating Department: _F_a_c_i l_it_ie_s_ ~=~':nitted: Return To : Phone Ext.: 2242 --- - ---Dawn (1)
(2)
(3)
(4)
(5)
(6)
Document: Amendment #1 with Kone, Inc
(NAME OF DOCUMENT AND CONTRACTOR/OTHER PARTY
Indicate signature authority:
D Electric, Water and Sewer Service Agreements with a value of$150,000 or less and All Other Service Agreements with a value of$100,000 or less per Ordinance 1941 (CC Action - June 16, 2015) □
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Miscellaneous Agreements including those that allow the use of the City name; rental agreements for City-owned property; licensing or conditional use agreements; confidentiality agreements; nondisclosure agreements; and partnership, cost sharing, in-kind and service agreements with other public or private entities per Resolution 6603 (CC Action - July 13, 1999)
Certificate of Acceptance for Designated Property Interests per Resolution 5600 (CC Action - May 28, 1991) Routine Police Agreements including the use of City facilities; off-duty officers; special events; hold harmless and indemnification agreements from third parties; and releases of liability per Resolution 6000 (CC Action - April 4, 1995)
Other:
Cost impact: NA - City Manager Approval
FINANCE
Was this service budgeted for this fiscal year?
[l] Yes
Q No. If no, please describe below how the department will fund this unbudgeted service and consult with department's assigned budget analyst to ensure that there is sufficient funding.
Is insurance compliant?
[Z] Yes, per attached EBIX printout.
D No, this agreement requires Risk Management review.
Department head originating agreement::_ ....::~~;=:;;;;;_~. ~~~RE:::::f?~~'.""".'."::::= :__---______________ _ (7) RISK MANAGEMENT
(8)
(9)
Please describe why contract does not require EBIX approval:
Approved : ----- ------- --------- - -[RISK MANAGER)
CITY ATTORNEY'S OFFICE 'I Digitally signed by Caio
Arellano
Approved as to form:
C-- C!J-,,(.__ Date: 2021.04.20
11 :04:40 -07'00'
-----------------------[CITY ATTORNEY/AUTHORITY COUNSEL] Date:
Date: 4/20/21
Assignment Number A21.0189
Reviewing Attorney's Initials: CA
OJXJ:LERK'S OEFICE
Attached : ~ _ _ l _ ___ original(s) ______ copy(ies)
-,---- Transmit the attached original/ copy to contractor _l_ Fully executed original on file in City Clerk's Office e ffiC\\¼~ --{) O{)Jvs{\ Date Processed by Clerk's Office:
Ebix Insurance No. S200003507
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
KONE, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and KONE, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and KONE, Inc., dated March 4, 2021 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide citywide elevator maintenance and repair services, and the Parties now wish to amend the Agreement to add services for the City's Library facilities.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is hereby amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Revised Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement for scheduled services shall not exceed Two Hundred Three Thousand Five Hundred Forty-Two Dollars and Twenty Cents ($203,542.20), and the maximum compensation for unscheduled as-needed repair services including materials shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), for a total not to exceed maximum compensation of Four Hundred Fifty-Three Thousand Five Hundred Forty-Two Dollars and Twenty Cents ($453,542.20) during the Initial Term, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation Amendment No. 1 to Agreement/KONE, Inc.
Rev. 10/25/19
shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance .
2. Exhibit A2 of the Agreement as Amended, entitled "Schedule of Performance" is hereby amended to read as shown in Revised Exhibit A2, attached herein.
3. Exhibit 8 of the Agreement as Amended, entitled "Schedule of Fees" .is hereby amended to read as shown in Revised Exhibit 8, attached herein.
4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives .
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Digitally signed by Caio
C- ~ ia~~~;~21.0 4.20 11 :05:03
-07'00'
BRIAN DOYLE
City Attorney
"CITY"
KONE, INC.
City Ma ,g r
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
a California corporation
Dated: 03/24/2021
By (Signature):5kd ~
Name: Josh Miller
Title: Service Sales Manager
Principal Place of 15021 Wicks Blvd
Business Address: San Leandro, CA 94577
Email Address: josh.miller@kone .com
Telephone : (510) 502-9049
Fax: N/A
"CONTRACTOR"
Amendment No. 1 to AgreemenUKONE, Inc.
Rev. 10/25/2019
Line Service Level Number
1 Basic Plan
2 Basic Plan
3 Base with 24/7
Connected Service
4 Base with 24/7
Connected Service
5 Base with 24/7
Connected Service
6 Basic Plan
7 Base with 24/7
Connected Service
8 Base with 24/7
Connected Service
9 Base with 24/7
Connected Service
10 Base with 24/7
Connected Service
11 Basic Plan
12 Advanced Plan
13 Advanced Plan
REVISED EXHIBIT A2
SCHEDULE OF PERFORMANCE
Location Location Service Hours Address
1500
City Hall Warburton 8am-5pm , M-F
Avenue
Fire Station 2 1900 Walsh 8am-5pm , M-F Avenue
Police Department 601 El Camino 24/7 Real
Police Department 602 El Camino 24/7 Real
Santa Clara 969 Kiely Blvd. As Needed Recreation Center Berman Building 1405 Civic 8am-5pm, M-F Center Drive
Gun Range 1990 Walsh 8am-5pm, M-F Avenue
Santa Clara Senior 1303 Fremont 8am-5pm, M-F Center Street Santa Clara Senior 1303 Fremont 8am-5pm , M-F Center Street Santa Clara Senior 1303 Fremont As Needed Center Street Donald Von 850 Duane Raesfeld Power Avenue 8am-5pm, M-F Plant
Tasman Garage 2525 Tasman 24 Hours/7
Ave Days Wk.
Tasman Garage 2525 Tasman 24 Hours/7
Ave Days Wk.
Amendment No. 1 to Agreement/KONE, Inc. Revised Exhibit A2-Schedule of Performance Rev. 10/25/2019
Equipment Equipment Frequency
# of Service
Passenger-Hydro 50162 Quarterly
Passenger-Hydro 127099 Quarterly
Passenger-Hydro 118614 Quarterly
Passenger-Hydro 118615 Quarterly
Stage Lift 126652 Annually
Passenger-Hydro 40408 Quarterly
Dumbwaiter 102595 Annually
Passenger-Hydro 138485 Quarterly
Passenger-Hydro 67312 Quarterly
Stage Lift 62646-I Annually
Passenger-Hydro 135821 Quarterly
Gearless Traction 159760 Quarterly MRL - Passenger
Gearless Traction 159756 Quarterly MRL - Passenger
Line Service Level Location Location Service Hours Number Address Advanced Plan Tasman Garage 2525 Tasman 24 Hours/7
14 Ave Days Wk.
Advanced Plan Tasman Garage 2525 Tasman 24 Hours/7
15 Ave Days Wk.
Advanced Plan Tasman Garage 2525 Tasman 24 Hours/7
16 Ave Days Wk.
Santa Clara 5001 Great 24 Hours/7 Basic Plan Convention Center America Days Wk. 17 Parkway Santa Clara 5001 Great 24 Hours/7 Basic Plan Convention Center America Days Wk. 18 Parkway AMENDMENT NO. 1 - New Location Added
Base with 24/7 Central Park 23 5 Homestead 7am-2pm , M-F 19 Connected Service Library Base with 24/7 Central Park 235 Homestead 7am-2pm, M-F 20 Connected Service Library Base with 24/7 Central Park 235 Homestead 7am-2pm , M-F 21 Connected Service Library Amendment No. 1 to Agreement/KONE, Inc. Revised Exhibit A2-Schedule of Performance Rev. 10/25/2019
Equipment Equipment Frequency
# of Service
Gearless Traction 159757 Quarterly MRL - Passenger
Gearless Traction 159758 Quarterly MRL - Passenger
Gearless Traction 159759 Quarterly MRL - Passenger
Passenger-Hydro 83179 Quarterly
Passenger-Hydro 83180 Quarterly
Passenger-Hydro 135533 Quarterly
Passenger-Hydro 135534 Quarterly
Passenger-Hydro 135535 Quarterly
1. Compensation
REVISED EXHIBIT B
SCHEDULE OF FEES
1.1. The maximum compensation of this Agreement for scheduled services shall not exceed Two Hundred Three Thousand Five Hundred Forty-Two Dollars and Twenty Cents ($203,542.20), and the maximum compensation for unscheduled as needed repair services including materials shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), for a total not to exceed maximum compensation of Four Hundred Fifty-Three Thousand Five Hundred Forty-Two Dollars and Twenty Cents ($453,542.20) during the Initial Term, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
1.2. All payments are based upon City's acceptance of Contractor's performance of services specified in Exhibit A-1, Scope of Services. City shall have no obligation to pay unless Contractor has successfully completed the work for which payment is due.
1.3. City shall pay Contractor monthly for scheduled services at the rates set forth in Revised Table 2 herein of this Revised Exhibit B.
1.4. The City reserves the right to add or delete sites and/or equipment for scheduled services from Revised Exhibit A-2, Schedule of Performance adjust the maximum compensation accordingly by a written executed amendment.
2. As-Needed Repair Services
2.1. In the event the City requires as-needed repair services as set forth in Section 3 of Exhibit A-1, Scope of Services Contractor shall provide a written quotation, at no cost to the City, for the type of as-needed repair services requested and the time required to complete requested work. The quote must be approved by the City prior to any work being performed.
2.2. The labor rates and material equipment markup rates for as-needed repair services is set forth in Table 1 below:
Amendment No. 1 to Agreement/KONE, Inc. Revised Exhibit B-Schedule of Fees Rev. 10/25/2019
Table 1. Labor Rates and Material/Equipment Markup
Labor Description Hourly Labor Rate
As-Needed Repair Services (Normal $435.55 Business Hours) As-Needed Repair Services $729.24 (Overtime/After Hours) Material/Equipment Markup%
Material/ Equipment Markup Over Cost 20%
2.3. The total amount of compensation for as-needed repair services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) during the Initial Term of the Agreement.
2.4. The City reserves the right to request a fixed price quote in lieu of time and materials. Any fixed price quotes shall be consistent with the agreed-upon as need repair services rate in Section 2.2 above and must be good for at least 90 days .
3. Monthly Invoice
3.1. Contractor shall submit to City a monthly invoice within fifteen (15) working days of the last day of each month, in arrears, for payment of services performed pursuant to this Agreement. The monthly invoices shall include a statement of work performed during the month. City shall review the monthly invoice submitted by Contractor and within ten (10) working days if receipt of the invoice, City shall notify Contractor of any discrepancies or deficiencies in said invoice.
3.2. The City shall incur no obligation for out of scope work that is not authorized in advance in writing. These monthly invoices shall provide a breakdown of cost of the work performed and shall have an attachment itemizing the work for each of the following :
3.2.1. Contractor shall invoice the City for maintenance and repair services, preventative maintenance services , and callback services at the end of each calendar month in which the work was performed in accordance with Exhibit A 1, Scope of Services, and shall be paid for actual services performed per the monthly payment schedule as set forth in Table 2 of this Exhibit.
3.2.2. Contractor shall submit copies of tags with monthly invoices. Work tag shall include date, facility, time in, time out, and ID numbers of equipment serviced. Contractor shall not invoice the City of travel to or from work Amendme nt No. 1 to Agreement/KONE , Inc. Revised Exhibit B-Schedule of Fees
Rev. 10/25/2019
sites.
3.3. Contractor will invoice City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
4. Price Adjustments
4.1. Contractor may request adjustments to the compensation rates on each one- year anniversary after the initial year of the Agreement, plus any one-year options to renew the Agreement after the Initial Term. Contractor must demonstrate to the satisfaction of the City that a price increase is warranted. Price adjustments are subject to the City's approval
4.2. Agreed to price adjustments during the Initial Term must be executed through an Amendment.
4.3. Agreed to price adjustments for one-year options must be executed through Exhibit E, Notice of Exercise of Option to Extend Agreement.
5. Liquidated Damages for Performance Standards
5.1. Contractor understands and agrees that one of the City's primary goals is to ensure that the customer service provided is of the highest caliber and consistent with the City's performance standards. Contractor further agrees that City will suffer damage if Contractor fails to meet these standards and that, due to the nature of certain breaches, the actual damage to the City would be impractical or very difficult to fix.
5.2. Performance Standard Breaches
5.2.1. The following specified items shall be referred to as "Performance Standard Breaches". Contractor agrees to pay to the City the amount specified below as liquidated damages for the applicable breach.
Performance Standard Breaches
Failure to respond to emergency $250 per occurrence, subject to a calls for service on time discussion between the City and Contractor as to why the response
time was missed.
Failure to arrive on site on time $250 per occurrence, subject to a discussion between the City and
Contractor as to why the response
time was missed.
Amendment No. 1 to Agreement/KONE , Inc. Revised Exhibit 8-Schedule of Fees Rev. 10/25/2019
5.2.2. If the Contractor is found unduly responsive to service calls, the City reserves the right to request and authorize repairs for defective equipment with a third-party vendor and the Contractor shall credit the City for the repairs cost from the third-party repairs work. In such cases, the City shall provide prior notification to the Contractor of its intention.
Amendment No. 1 to AgreemenUKONE, Inc. Revised Exhibit B-Schedule of Fees Rev. 10/25/2019
Page4
REVISED TABLE 2
COMPENSATION FOR SCHEDULED SERVICES
Initial Term
Row Location Equipment Description Monthly and Number
1 2
3 4
5 6
7 8
9 Price Year
1 of 5
City Hall Passenger-Hydro $78.20 $938.40 (50162)
Fire Station 2 Passenger-Hydro $130.79 $1,569.48 (127099) Police Department Passenger-Hydro $224.34 $2,692.08 (118614) Police Department Passenger -Hydro $224.34 $2,692.08 (118615) Santa Clara Stage Lift $34.80 $417.60 Recreation Center (126652) Berman Building Passenger-Hydro $78.20 $938.40 (40408)
Gun Range Dumbwaiter $34.80 $417.60 (10595)
Santa Clara Senior Passenger-Hydro $195.79 $2,349.48 Center (138485) Santa Clara Senior Passenger -Hydro $143.20 $1,718.40 Center (67312) Amendment No. 1 to Agreement/KONE, Inc. Revised Exhibit B-Schedule of Fees Rev. 10/25/2019
Annual Price
Year Year Year
2 of 5 3 of 5 4 of 5
$938.40 $938.40 $938.40
$1,569.48 $1 ,569.48 $1 ,569.48
$2,692.08 $2,692.08 $2,692.08
$2,692.08 $2,692.08 $2,692.08
$417.60 $417.60 $417.60
$938.40 $938.40 $938.40
$417.60 $417.60 $417.60
$2,349.48 $2,349.48 $2,349.48
$1,718.40 $1 ,718.40 $1 ,718.40
Year
5 of 5
$938.40
$1 ,569.48
$2,692.08
$2,692.08
$417.60
$938.40
$417.60
$2,349.48
$1 ,718.40
Row Location Equipment Description Monthly and Number Price Year 1 of 5
10 Santa Clara Senior Stage Lift $34.80 $417.60 Center (62646-1) Donald Von Passenger-Hydro 11 Raesfeld Power $130.79 $1,569.48 Plant (135821)
12 Tasman Garage Gearless Traction MRL - $250.58 $3,006.96 Passenger(159670) 13 Tasman Garage Gearless Traction MRL - $250.58 $3,006.96 Passenger(159756) 14 Tasman Garage Gearless Traction MRL - $250.58 $3,006.96 Passenger(159757) 15 Tasman Garage Gearless Traction MRL - $250.58 $3,006.96 Passenger(159758) 16 Tasman Garage Gearless Traction MRL - $250.58 $3,006.96 Passenger(159759) 17 Santa Clara Passenger-Hydro $78.20 $938.40 Convention Center (83179) 18 Santa Clara Passenger-Hydro $78.20 $938.40 Convention Center (83180) AMENDMENT NO. 1 (NEW SITE ADDED)
19 Central Park Passenger-Hydro $224.34 $2,692.08 Library (135533) Amendment No. 1 to Agreement/KONE, lnc./Revised Exhibit B-Schedule of Fees Rev. 10/25/19
Initial Term
Annual Price
Year Year Year Year
2 of 5 3 of 5 4 of 5 5 of 5
$417.60 $417.60 $417.60 $417.60
$1,569.48 $1,569.48 $1,569.48 $1 ,569.48
$3,006.96 $3,006.96 $3,006.96 $3,006.96
$3,006.96 $3,006.96 $3,006.96 $3,006.96
$3,006.96 $3,006.96 $3,006.96 $3,006.96
$3,006.96 $3,006.96 $3,006.96 $3,006.96
$3,006.96 $3,006.96 $3,006.96 $3,006.96
$938.40 $938.40 $938.40 $938.40
$938.40 $938.40 $938.40 $938.40
$2,692.08 $2,692.08 $2,692.08 $2,692.08
Row
20 21
Location Equipment Description
and Number Monthly
Price Year
1 of 5
Central Park Passenger-Hydro
Library (135534) $224.34 $2,692.08
Central Park Passenger-Hydro $224.34 $2,692.08
Library (135535)
TOTAL $40,708.44
Amendment No. 1 to Agreement/KONE, lnc./Revised Exhibit B-Schedule of Fees Rev. 10/25/19
Initial Term
Annual Price
Year Year Year Year
2 of 5 3 of 5 4 of 5 5 of 5
$2,692.08 $2,692.08 $2,692.08 $2,692.08
$2,692.08 $2,692.08 $2,692.08 $2,692.08
$40,708.44 $40,708.44 $40,708.44 $40,708.44
Grand
Total $203,542.20