Ebix Insurance No. S200003507
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
KONE, INC.
PREAMBLE
This agreement ("Amendment No. 2") 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);
B. The Agreement was previously amended by Amendment No. 1, dated April 23, 2021, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide citywide elevator maintenance and repair services, and the Parties now wish to amend the Agreement as Amended to add services for Mission Library.
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 Four Thousand Six Hundred Ninety Dollars and Sixty Cents ($204,690.60), 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 Amendment No. 2 to Agreement/KONE, Inc. Page 1
Rev. 10/25/19
compensation of Four Hundred Fifty-Four Thousand Six Hundred Ninety Dollars and Sixty Cents ($454,690.60) 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.
2. Revised Exhibit A2 of the Agreement as Amended, entitled "Schedule of Performance" is hereby amended to read as shown in Second Revised Exhibit A2, attached herein.
3. Revised Exhibit B of the Agreement as Amended, entitled "Schedule of Fees" is hereby amended to read as shown in Second Revised Exhibit B, attached herein.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
Note: Signatures on following page.
Amendment No. 2 to AgreemenVKONE, Inc. Page 2
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: / o /4 q /-z..;>
~ {Jo- ~
~~ GLEN R. GOOGINS
City Attorney
"CITY"
KONE, INC.
JO . ON
~ :
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241 -6771
a California corporation
Dated : August 30th, 2023
By (Signature): ~ /1./ ~CJ,;-;.uz,
Name : IVl1chae1Nagy--Jozsa ~ tf&
Title : General Manager Service & Solutions
Principal Place of 15021 Wicks Blvd.
Business Address: San Leandro, CA 94577
Email Address: michael.nagy-jozsa@kone .com
Telephone : (510) 424-2329
Fax: N/A ----- -------------"CONTRACTOR"
Amendment No. 2 to AgreemenUKONE, Inc. Page 3
Rev. 10/25/201 9
I
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
Base with 24/7 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
Location
City Hall
Fire Station 2
Police
Department
I
Police
. Department
Santa Clara
SECOND REVISED EXHIBIT A2
SCHEDULE OF PERFORMANCE
Location Service Hours Address
1500
Warburton 8am-5pm, M-F
Avenue
1900 Walsh 8am-5pm, M-F Avenue
601 El Camino 24/7 Real
602 El Camino
I
.24/7 Real
969 Kiely
Recreation Center Blvd. As Needed
1 Berman Building 1405 Civic 8am-5pm, M-F Center Drive
I 1990 Walsh Gun Range Avenue 8am-5pm, M-F
Santa Clara 1303 Fremont 8am-5pm, M-F Senior Center Street Santa Clara 1303 Fremont 8am-5pm, M-F Senior Center Street Santa Clara 1303 Fremont As Needed Senior Center Street Donald Von 850 Duane Raesfeld Power 8am-5pm, M-F Avenue Plant 2525 Tasman 24 Hours/7 Tasman Garage Ave Days Wk.
Equipment
Passenger-Hydro
Passenger-Hydro
Passenger-Hydro
Passenger-Hydro
Stage Lift
Passenger-Hydro
Dumbwaiter
Passenger-Hydro
Passenger-Hydro
Stage Lift
Passenger-Hydro
Gearless Traction
MRL-
Passenger
Amendment No. 2 to Agreement/KONE, Inc. /Second Revised Exhibit A2-Schedule of Performance Rev. 10/25/19
Equipment Frequency
# of Service
50162 Quarterly
127099 Quarterly
118614 Quarterly
118615 Quarterly
126652 Annually
40408 Quarterly
102595 Annually
138485 Quarterly
67312 Quarterly
62646-I Annually
135821 Quarterly
159760 Quarterly
Line Service Level Location Location Service Hours Equipment Number Address 2525 Tasman 24 Hours/7 Gearless Traction
13 Advanced Plan I Tasman Garage MRL-Ave Days Wk. Passenger 2525 Tasman 24 Hours/7 Gearless Traction
14 Advanced Plan Tasman Garage Ave Days Wk. MRL-
I Passenger
I Gearless Traction
15 Advanced Plan Tasman Garage 2525 Tasman 24 Hours/7 MRL-Ave Days Wk. Passenger 2525 Tasman 24 Hours/7 Gearless Traction
16 Advanced Plan Tasman Garage Ave Days Wk. MRL-
Passenger
Santa Clara 5001 Great 24 Hours/7 17 Basic Plan Convention America Days Wk. Passenger-Hydro Center Parkway
Santa Clara 5001 Great 24 Hours/7 18 Basic Plan Convention America Days Wk. Passenger-Hydro Center Parkway
AMENDMENT NO. 1 - New Location Added
19 Base with 24/7 Central Park 23 5 Homestead 7am-2pm, M-F Passenger-Hydro Connected Service Library 20 Base with 24/7 Central Park 23 5 Homestead 7am-2pm, M-F Passenger-Hydro Connected Service Library 21 Base with 24/7 Central Park 23 5 Homestead 7am-2pm , M-F Passenger-Hydro Connected Service Library AMENDMENT NO. 2 - New Location Added
9am-5pm, M &
22 Basic Plan Mission Library 1098 Lexington w Dumbwaiter Street 12pm-5pm T & T
Amendment No. 2 to Agreement/KONE , Inc. /Second Revised Exhibit A2-Schedule of Performance Rev. 10/25/2019
Equipment Frequency
# of Service
159756 Quarterly
159757 Quarterly
159758 Quarterly
159759 Quarterly
83179 Quarterly
83180 Quarterly
135533 Quarterly
135534 Quarterly
135535 Quarterly
12317 Bi-Annual
1. Compensation
SECOND REVISED EXHIBIT B
SCHEDULE OF FEES
1.1. The maximum compensation of this Agreement for scheduled services shall not exceed Two Hundred Four Thousand Six Hundred Ninety Dollars and Sixty Cents ($204,690.60), 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-Four Thousand Six Hundred Ninety Dollars and Sixty Cents ($454,690.60) 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 Second Revised Table 2 herein of this Second Revised Exhibit B.
1.4. The City reserves the right to add or delete sites and/or equipment for scheduled services from Second Revised Exhibit A2, 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, lnc./Second Revised Exhibit 8-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 sites.
Amendment No. 1 to Agreement/KONE, lnc./Second Revised Exhibit B-Schedule of Fees
Rev. 10/25/2019
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 AgreemenVKONE, lnc./Second Revised Exhibit B-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 Agreement/KONE, lnc./Second Revised Exhibit B-Schedule of Fees Rev. 10/25/2019
Page4
II
SECOND REVISED TABLE 2
COMP ENSATION FOR SCHEDULED SERVICES
Initial Term
Annual Price
Equipment
Row Location Description and Monthly
Number Price Year
1 of 5
Passenger-Hydro 1 City Hall $78.20 $938.40 (50162)
2 Fire Station 2 Passenger-Hydro $130.79 $1 ,569.48 (127099) 3 Police Department Passenger-Hydro $224.34 $2,692.08 (118614) 4 Police Department Passenger -Hydro $224.34 $2,692.08 (118615) Santa Clara Recreation Stage Lift 5 Center (126652) $34.80 $417.60 Passenger-Hydro 6 Berman Building $78.20 $938.40 (40408) 7 Gun Range Dumbwaiter $34.80 $417.60 (10595)
8 Santa Clara Senior Center Passenger-Hydro $195.79 $2,349.48 (138485) 9 Santa Clara Senior Center Passenger -Hydro $143.20 $1 ,718.40 (67312) 10 Santa Clara Senior Center Stage Lift $34.80 $417 .60 (62646-1) Amendment No. 2 to Agreement/KONE, Inc. /Second Revised Exhibit B-Schedule of Fees Rev. 10/25/19
Year Year
2 of 5 3 of 5
I
I
$938.40 $938.40
$1,569.48 $1 ,569.48
$2,692 .08 $2,692.08
$2,692.08 $2,692 ".08
I
I
$417 .60 $417 .60
$938.40 $938.40
$417.60 $417 .60
$2,349.48 $2,349.48
$1,718.40 $1 ,718.40
$417.60 $417.60
Year Year
4 of 5 5 of 5
$938.40 $938.40
I
I
$1 ,569.48 • $1,569.48
$2,692.08 $2,692.08
$2,692.08 $2,692.08
$417 .60 I $417.60
I
$938.40 $938.40
$417.60 $417.60 I
$2,349.48 $2,349.48
$1 ,718.40 $1,718.40
$417.60 $417.60
I
I
Row Location Equipment Description
and Number Monthly
Price Year
1 of 5
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 I
Gearless Traction MRL
- Passenger (159756) $250.58 $3,006.96
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 Tract ion MRL $250.58 $3,006.96 - Passenger (159759) 17 Santa Clara Passenger-Hydro $78.20 $938.40 Convention Center (83179) 18 Santa Cla ra Passenger-Hydro $78.20 $938.40 Convention Center (83180) AMENDMENT NO. 1 (Addinq New Site)
19 Central Park Library Passenger-Hyrdo $224.34 $2,692.08 (135533) 20 Central Park Library Passenger-Hyrdo $224.34 $2,692.08 (135533) 21 Central Park Library Passenger-Hyrdo $224.34 $2,692.08 (135533) Amendment No. 2 to Agreement/KONE, Inc. /Second Revised Exhibit B-Schedule of Fees Rev. 10/25/19
Initial Term
Annual Price
I
Year Year Year Year I
2 of 5 3 of 5 4 of 5 5 of 5
$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 I $2,692.08 $2,692.08 $2,692.08
$2,692.08 $2,692.08 $2,692.08 $2,692.08
$2,692.08 j $2,692.08 $2,692.08 $2,692.08
Initial Term
Row Location Equipment Description Monthly Annual Price and Number Year
I
Year Year Price 1 of 5 2 of 5 3 of 5
AMENDMENT NO. 2 (Addinq New Site)
22 Mission Library Dumbwaiter $34.80 $313.20 (12317)
TOTAL $40,1os.44 I $40,1os.44 $41,021.64
Amendment No. 1 to Agreement/KONE, lnc./Second Revised Exhibit 8-Schedule of Fees Rev. 10/25/2019
Year Year
4 of 5 5 of 5
$417.60 $417.60
$41,126.04 $41,126.04
Grand
Total $204,690.60