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Agenda Report - June 16, 2021 C-12
C-/2 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with KONE, Inc., of Sacramento, for Monthly Inspection and Maintenance Services of Elevators in City Facilities ($35,000) MEETING DATE: June 16, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement (PSA) with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators in City facilities ($35,000). BACKGROUND INFORMATION: On December 18, 2019 City Council adopted a resolution authorizing City Manager to waive the bid process and execute Professional Services Agreement with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators in City facilities, utilizing U.S. Communities Contract No. EV2516. This service contract provides ongoing elevator services for both regularly scheduled maintenance and on - demand repair services on 11 elevators located at City Hall, Carnegie Forum, Police Facility, Lodi Station Parking Structure, City Hall Annex, and Hutchins Street Square. On December 2, 2020, Council authorized the City Manager to execute Amendment No. 1 to this contract. Amendment No. 1 updated the fee schedule and extended the contract term through December 31, 2021. Staff recently discovered the emergency phone services in several of the elevators were not functioning. The existing, non-functioning phone services are land line connections provided by AT&T and connect to the City of Lodi Dispatch center once activated by the elevator passenger(s). Upon finding the problem, staff immediately requested KONE provide a phone monitoring service quote to provide emergency phone line service at each elevator as required by the Safety Code for Elevators and Escalators. Those elevators with non-functioning phone service have been taken out of service. Instead of using land lines to connect with the City of Lodi Dispatch Center, the proposed phone monitoring service will provide 24/7 monitored emergency service call center staffed by KONE. The call center personnel are trained exclusively to handle elevator emergency phone calls to communicate with trapped passengers and call for a service technician. The initial cost of the KONE phone monitoring service includes a one-time installation charge of $1,900 for the cellular equipment. The monthly service charge is $740.00 for all 11 elevators, which is substantially less than the cost for maintaining land lines through AT&T at $1,800 per month. APPROVED: Stephen Sclhwabi4eCity Manager KAWP\C0UNCIL\2019\CK0NE PSA doc 6/2/2021 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with KONE, Inc., of Sacramento, for Monthly Inspection and Maintenance Services of Elevators in City Facilities and Appropriate Fund ($35,000) June 16, 2021 Page 2 Amendment No. 2, if approved, will add monthly phone monitoring services, extend the contract term through December 31, 2022, and facilitate the termination of AT&T land line connections. Staff estimates the City will realize a savings of approximately $18,000 through December 31, 2022. Staff recommends authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators in City facilities. FISCAL IMPACT: Amendment No. 2 is expected to save the City hundreds of dollars each month compared to the old land line services in addition to provide a more reliable emergency phone service in the elevators. It is estimated that approximately 90% of the associated costs will be funded by the General Fund. FUNDING AVAILABLE. Funds for elevator services will be funded by Facilities Services Operating (10051000), Hutchins Street Square Operations (20071402) and Transit Operations (60054105). Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director a (FI -2 - Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd Attachment Cc: Facilities Superintendent Parks, Recreation, & Cultural Services Director Transportation Manager Public Works Management Analyst K:\WP\C0UNCIL\2019\CK0NE PSA.doc 612!2021 AMENDMENT NO. 2 KONE, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and KONE, INC., a Delaware corporation, qualified to do business in California (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on February 4, 2020 and Amendment No. 1 on March 18, 2021 (collectively the "Agreement'), as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY now requests to amend the Scope of Service and Fee Schedule, as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CITY requested to extend the term of the Agreement through December 31, 2022; and 4. WHEREAS, CITY requested to increase the fees by an amount not to exceed $35,000, for a total not -to -exceed amount of $110,000; and 5. WHEREAS, CONTRACTOR agrees to the amendment set forth above. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation KONE, INC., a Delaware corporation hereinabove called "CITY" hereinabove called "CONTRACTOR" STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR, City Clerk Approved as to Form: JANICE D, MAGDICH, City Attorney jdm JOE KANG Assistant General Counsel Exhibit 1 AMENDMENT NO. 1 KONE, INC. PROFESSIONAL. SERVICES AGREEMENT THIS A ENDMEN O. f TOP OFESSIOMAL SERVICES AGREEMENT, is made and entered this Iday of ftcthr]�,292ty and between the CITY Q>` LODI, a municipal cor on (hereinafter "CITY*), and ONE, INC., a Delaware corporation, qualified to do business in California (hereinafter "CONTRACTOR"), WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on February 4, 2020 (the "Agreement"), as set forth In Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY now requests to amend the Fee Schedule, as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CITY requested to extend the term of the Agreement through December 31, 2021; and 4. WHEREAS, CONTRACTOR agrees to the amendment set forth above NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. Ali other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No, 1 on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "CITY" Steve Schwabauer STEPHEN SCHWASAUER City Manager Attest; NIFER USMIR, City Clerk Approved as to Form: �AMI�EMAGDICH, Ciiy Attorney jdm KONE, I, a Delaware corporation hereinah�ia called "CONTRACTOR" rI � f. JaEKAaI Assisia 2eneraf Ansel 91arj�.r Exhibit 1� AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES ABY❑ PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on r , 20-2Q, by and between the CITY OF LODI, a municipal corporation (hereinafter 'CITY',), and KONE, Inc., a Delaware corporation, qualified to do business In California (hereinafter "CONTRACTOR'). Sectlon 1.2 WW" CITY selected the CONTRACTOR to provide the services required In accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter Into an agreement with CONTRACTOR for Monthly Inspection and Maintenance Services of Elevators In City Facilities (hereinafter "Project') as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it Is qualified to provide such Services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as not farts, In Exhibit A. Section 2.2 Tints ForC�ncenwnt and !pRnptetion Gf Work CONTRACTOR WWI commence work pursuant to this Agreement, upon receipt Of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated In the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated In the Scope of Services. CONTRACTOR shah not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies Involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Ploemili8 CONTRACTOR shall attend meetings as may be set forth In the Scope of Services. Section 2.4 Staffinn CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in Its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing, CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY Is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it Is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that It has, or will have at the time this Agreement Is executed, all licenses, permits, qualifications, Insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep In effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be Imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on January 1, 2020 and terminates upon the completion of the Scope of Services or on December 31, 2020, whichever occurs first. Section 2.7 Option to Extend Term of A rgBmov At its option, City may extend the terms of this Agreement for an additional two (2) one (1) -year extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City 2 exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, Including the exercise of any option under this paragraph, shall not exceed three (3) years. ARTICLE 3 COM PENSATION Section 3.1 Cginper�s �tls�n CONTRACTOR's compensation for all work under this Agreement shall conform to the previsions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference, CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved In advance and in writing by CITY. Section 3.2 Prevaiiiu}1 Wagc The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Rewstration - L"ur Code $•172;x`5 No contractor or subcontractor may be awarded a contract for public work on a Public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, Section 3.4 Method ❑f I'ayrn CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work Is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal, Section 3.5 Costa The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs 3 considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and In writing, by CITY. Section 3,6 Audition CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to fumish CITY, -or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under Investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCpt.I AN1EOtJS PR�VISIONs Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate In the employment of its employees or In the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orlentatlon, marital status, national origfn, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 IeislernnfTtcatlnn ar�c1 Ties o�►sihilit�tor 1]an►acle CONTRACTOR to the fullest extent permltted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), for services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed 4 directly by CONTRACTOR, anyone directly or Indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification, If CITY chooses at its own election to conduct its own defense, participate In its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, Including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not In any way be limited by the insurance obligations set forth herein. In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, Increase in financing costs) (collectively, "Consequential Damages") that arlse out of or relate to the Agreement. Section 4.4 H!o Personal Lial�il�t Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Res vresibilit of —CITY CiTY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insiu•ance Ra nts for C014TRACTDR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 5ucc a mors atsdAsst ins CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any Interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been 5 given when the same Is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P,O, Box 3006 Lodi, CA 95241 -1910 Attn: Lyman Chang To CONTRACTOR: KONE, Inc. 10151 CRoydon Way, Suite 2 Sacramento, CA 95827 Attn: Connor Backus Section 4.9 Caoperation of_CITY CITY shall cooperate fully and in a timely manner in providing relevant information It has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Notan Ergpioyee of CITY CONTRACTOR agrees that In undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least thirty (30) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase, Upon termination, CONTRACTOR shall be entitled to payment as set forth In the attached Exhibit 8 to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY However, CITY shall assume no liablllty for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Contic annality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential' or 6 "Proprietary", except to the extent otherwise required by law or permitted In writing by CONTRACTOR, CONTRACTOR acknowledges that CITY is subject to the California Public Records Act, Section 4.13 Applicable Low Jiiriscfictinn Scvvral�, and Attorney's Fees This Agreement shall be governed by the laws of the State of Califomia. Jurisdiction of litigation arising from this Agreement shall be venued with the Sen Joaquin County Superior Court. If any part of this Agreement Is found to conflict with applicable laws, such part shall be inoperative, null, and void Insofar as It is in conflict with sold laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party In any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Eiusinegr. l coils,) itf��r�r{r��pt CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Intearatlon and Madificatlnr► This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties, Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevall. 7 Section 4.18 Severability The invalidity In whole or In part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.15 Ownarsltilp of Docujneajts All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, Whether or not In final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to Inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all Information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federai irartsit F u��ciii� CUr�dltiglls ❑ If the box at left Is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Safety City will provide a safe workplace for Contractor personnel and safe access to the equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and all Instructions and warnings related to the use of the equipment. City will be solely responsible for proper use, for supervising the use of the equipment, and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Notwithstanding anything to the contrary In this Agreement, If In Contractor's sole Judgment the eQuipment presents a safety hazard to the riding public or Contractor's technicians (including but not limited to Clty's act of creating or allowing unsafe practices or conditions or City's failure to authorize necessary repairs or upgrades), Contractor e may Immediately terminate this Agreement In Its entirety upon written notice. To the extent that Contractor provides City with any oral or written account, report, information, or othor statement identifying a safety Issue with the equipment that is the subject of the Agreement or otherwise makes any recommendation or proposal to matte a safety Improvement or to address a safety issue related to such equipment, and City does not Immediately approve Contractor's proposal or recommendation, City agrees to Indemnify, defend, and hold Contractor harmless for any claims arising out of City's failure to comply with Contractor's reaommendatlans and proposals, and any obilgation on the part of Contractor to indemnify or defend City with regard to such claim shall be null and void. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above wNtten. ATTEST: CITY OF LODI, a municipal corporation 1t=NP+tF R M RRA144MEIN SCH Rt i ER C+h" rrte.ja. M. 1�3-r",.s City Manager NSS1, 7`ZO;0- C,'fy Cier- APPROVED AS TO FORM: KONE, Inc., a Delaware corporation JANICE D. MAGDICH, City Attorney - By: Name: Joe Attachments: ` Tom: A :eneral Counsel Exhlbit A — Scope of Services Exhibit B—Fee Proposal Exhibit C —Insurance Requirements Exhibit D — Federal Transit Funding Conditions (H sppiieable) Funding Source: (Business unit & Account No.) Doc ID:K:IWPVR0JECTMPSA'r12c191KONE Elevator Maint PSA.doc CW.RerA1.201s 9 OM MN 161 �zhIW 6 Dedicated to People Flow'" KONE Inc. Proposal to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and Rsleted, Product. Services and Salutlona under the U.S. Communities Program P&*kv MCE H1000 Structure, Pine Hydraulic 3 stop 8t 2 N i I Passenger 52 Sacramento State #125883 Pricing $180/month COMPIOW Straight lune Annual Hydraulic $160/month Mainuwance Coverage Ted Cly/ HSS PROPOSEU Uf4llg E tJlf'MEN CI G; Location i I Type of Type of Service ser4ke Call TOM" Maintenance Equipment Siete N 105226 Coverage Carnegie Parking MCE H1000 Forum Hydrsullc 3 stop Complete Stnrelure, Pine Hydraulic Complete Straight ttffxi Annual HydrauNc St. 2 N Passenger tk1 Maintenance Coverage Test Sacrarnento State #125859 1 P&*kv MCE H1000 Structure, Pine Hydraulic 3 stop 8t 2 N i I Passenger 52 Sacramento State #125883 Pricing $180/month COMPIOW Straight lune Annual Hydraulic $160/month Mainuwance Coverage Ted Cly/ HSS ECI HIIl000 221 W. Pine St Hydraulic 4 stop cornplets 215 W. Elm St Pasaenger0l Maintenance Siete N 105226 Carnegie ESCO COS -98M Forum Hydrsullc 3 stop Complete Me W Pins St. Passenger Art Maintenance Straight tuns Coverage Straight fire Coverage Annual Hydraulic $160h"" Test Annual ydrnuW $1t10/mordh Test Public Sdely Dover Fleetwood Building I Hydraulic 3 stop Complete Straight 6MO Annual Hydrauga 230 W. Ebn W. Passenger*1 I Maintenance Coverage Test 45743 Police Main Lobby Thyssenkrupp Complet 215 W. Elm St Tao 20 Hydraulic Maintenance 2 atop Main lobby Pollee YYeat Thyssenkrupp Lobby Tac 20 Hydraulic Complete 215 W. Elm St 2 stop Maintenance West lobby Straighttlme Annual Hydraulic Coverage Test Sttalghttime Annual Hydraulic Coverage Test $160knonth $160/month $160/month j FWk4 Jail i Thyssenkrupp 215 W. Elm St Tac 20 Hydraulic Complete time Annual 14y*Wic $16011month 2 stop Maintenance Coverage Test Jail Hutchins street US Elev. 200 ' Square, 128 S. HutchinsiStreet HydraulicComplete 2 Stop Maintenance 5tra0t0 Coverage Annual Hydraulic Test $180hnonth Mt�t lobby Main lobby Hutcttlne Street Dover DMC -I Square, 125 S. Hutchins Street Hydraulic 2 Stop Complete Maintenance Straight tune Coverage Annual Hydraulic Tea $1Wrnonth Theater Theater Hutchkts Street Dover WRC i Square, 125 S. Hutchins Street Hydraulic 2 atop Complete Maintenance Straighttime Coverage Annual Hydraulic $16Wmonth Senior Center f Senior Center TOM rgTA�.;. Y rsn.anrr�,o�,tt, The price is based upon monthly in advance payment. In the event Purchaser chooses one ofthe k&vdng payment options bylnitialing the selection below, a discount will apply asouttined: Payment QPaen ❑tacount PANIsed MorwhYy Pdoa Aecepbwce I AretiW h adverse Ive~ $% Decrea&a t M oe"M l QunwWly In advance payment 2% Dv Meso i1,74aM pr wearh F NOT TO EXCEED $75,000 RCXP SEi] SC P OF WURK. t.RSE v+c�s Conyvlar Nfarinlanance - (Equipment Included per table on page 1) KONEwill perform maintenance visits to examine, maintain, adjust, and lubr"a the components lie ted below In addition, KONE wlII repairorrep lacetha components listed below, unless exatu9ion orlimited stops Language exists elsewhere in this Agreement. A I I other work rotated to th e equ i pm ant Is P u rcha sees raaposisibirily unless spnalfically noted elsewhere in Ihis Agreement, orunkM Purchaeerhas separately contracted with KONE for the work. A, Hydraullic ElevaWs 1. Relay Logic Control System All control system components. a. Microprocessor Control System AN owdrat system components. System performance examinations wits be conducted to arm" that dispstcNng and motion control systems are operating properly s. Power Unit Pump, motor, valves, and all related parts and accessories. 4. Holstomy and Pit Equipment All elevator control equipment and buffers. s. Rails and Guides Guide calls, guide shoo gibs, and rollers a Wiring All elevator control wiring and all power wiring from the elevator equipment Input terminals to the motor, 7. Door Equipment Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door Interlocks, door gibs, and auxiliary door closing devices. s. Manuel Freight Door Equipment Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and cotmter43alatncing equipment Power Freight Door Equipment Controller. relays, contardors. rectifiers, timers, resistors, solid state components, door motors, refiring came, interlocks, switches, guide shoes, sheaves, rollers, chains, sprocketa_ and tensioning devices. io. Hydraulic System Accessories Exposed piping, fittings accessories between the pumping unit and thetack,Jack packing, hydraulic MjId, and any heaffngorcoolirrg elarnenis Installed by theosiginaI equip nwtman ufaGiuer for controtiing fluid temperature. ++. Signals and Accessories Car operating panels, hall push button stations, hall lanterns, emergency fighting, carandtiall position Indicators, car operating panels, fireman's service equipmen t and al I other s€gnais, and accessory Willies fu m is had and ins talled as an integ ral part of the elevator eq uIpment Re-larnpingof signal fixtume Is Included only during KONE's maintenance visits. Service requests for re-lemping of signet fixtures will be billed separately at KONE's then current labor rates. 12 Car Equipment All elevator control system components on the car z HOURS OF OERViCE All cervices described shwa in this Agreement will be performed during the regularworking hourtiofthe regular working doysafowe elevator oreucalatortrade in the lauai ion where the services are performed, unless othetur€sa speel fted in the Agreement. 15FtViCrc.EtEUSfS.([;AL1 i+z.ICS� Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the acope of servlcea as provided below. Service requests outside the scope of sory ice a will be billed Separately al KONE'sthen r,4rrmnt lahnrralee and mate dal pdcas plus milcage srtd Incidentals. Any WOR and lump sum amounts are not subject tosudIt, Service regvestS that require more than ono technician or more than two hours tocorn p[eta will be treated as a rep alrand scheduled in a ccardance with the Hours of Seryice section ethave. Purchasera9raes that KO NE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests, Regular Time Coverage - (Equipment coverage per the table on page f ) In addition to the work described in the Scope of Services section, this Agreement covers requestsfor service during the regularworking hours of the regular working days of the elevatortrade. Travel Time & Expenses Purchaser will not be billed for travel time or expenses to and from the site for service requests covered under the scope of work. a. TESTS KONE will perform the foliowing tests on the equipment as per the table on page 1 of this Agreement, KONE Is not liable far any property damage or personal injury, including death, Mulling from any test. A pressure relief test and a yearly leakage test as required by applicable code. s. 99CLUSION The following are excluded from the scope of services: A. GENERAL i. KONE Is not obligated to: removal of water or excessive debris from the pit, make replacements or repairs necessitated by fluctuations In the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greaterthan 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, then, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence oracts or omissions of the Purchaser or any third party, or any other cause beyond KONE's control. z. KONE agrees to maintain the existing performance as designed and Installed. KONE Is not required under this Agreement to make changes in operation and/or control, subsequent to the date of this Agreement, 3. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos containing materials (PACM), or other hazardous materiels (i.e. lead, PCBs) (collectively "HazMat"). Any work In the affected area where reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from the HazMat is excluded from KONE's scope of work without an applicable change order to reflect the additional costs and time, In accordance with OSHA requirements, Purchaser shall inform KONE and Its employees who will perform work activities In areas which contain HazMat ofthe presence and location of HezMat In such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing, P urcheser warrants that KONE's work area atall times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered ordislurbed Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Purchaseessole responsibility and expense. Afterany removal or abatement, Purchaser shall provide documentation thatthe HazMat has been abated from the KONE work area and air clearance reports shall be made available upon request priorto the start of KONE'swork. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to assumethe status of an owner, operator, generator, Storer, transporter, treaterordleposatfedllty as those terms appearwithin RCRA orany Federal or State statuteorregulation governing the generation, transportation, treatment, storage and disposal of pollutants. Purchasarshall be responsible to execute all waste manifests necessary to transport hazardous materials for disposal, e_ OBSOLESCENCE Component may become obsolete during the term of this Agreement, Obsolete components are not covered under this Ag reement. KONE will provide Purchaserwith a separate quotation for the price to replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components are at the Purchaser's expense. Components Include without limitation any part, component, assembly, product, orfirmwai a orsottware module. Acomponent is obsoletewhen Rcan no longerbe economically produced due tothe cessation of consistent sources for materials, aloes or termination of a manufacturing process occurs, product reliability analysis shows that K is not economically feasible to continue to producethe component, escalation of componentcosts beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates thatuse of a component be discontinued in its entirety, the OEM designates the component as obsolete, or such component has been Installed 20 or more years. No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required tofumish reconditioned or used components. Afterthe component that replaces the obsolete component is installed, that component is covered under this Agreement unless it becomes obsolete. c. ELEVATOR t. Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway endosuro, rail alignnwnt; holstway do<xs; door frames; sllfs; hcistway gates; flooring; power-foedem, switches. e+�d theirwlrittig and fusing; car light diffusers, caifing asflt'mblles and attachments; smoke or heat sensors; fans; fireman's phone devices; Intercoms; phone lines; music systems; media displays; card -readers orother security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency powergeneratora; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste cll or contamination caused by leeks fn the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement. EXHIBIT C NorL': The City of Lod' Is now using fila onitne lnsumni:u prnprarn PINS Advantage. Once you havo MMn ser&M*d a contract you will roceive an email lam the ctly's onflne Inrrtramrn progrsm raquasting you to forward rhe amsll to your Insurance provfdu(s) fo subnrif the requlrod Insurance dacrrrrrnnfatHyn clectrunfcafty In:?�<r.ri�u_kueanirwnsrnla ter [:ui�aN�g:luur t:nnrr.aatr. Cont+actor shall procure anti nsainlos,r fat Its" 'Jul 011011 of list. crnsism:1 inaurnrrM agnrnat claims for lnjurlea to persum os damages 10 prnpurty which may Ouse) Irnm or u, emnnechein with the prriniMFISICa of the wrlM heraundrer and The results of lhat walk by the CanHnrtor, his ager- . rnlrraennlalvrs. ernp!oyoes orsubrasshactws. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at Feast as broad a& - I Co rot tnereint funeral 1.1nhilily!f;f4l_): InsIra nre Snriswas 0Ric a Form CG 00 0'1 Cnverin0CGL On all 'OcC.liewcW bMIS. lnduding r7tvducis and carnptatnd aperatioilS, prapOrly damage brrtily Injury and personal & sdvurtisb:g Injury with dmita no less than 12,000.000 per oi:ctirrence If a general 399(rspelle 11010 ampltes. either the general aggragHts 401 gh011 apply Separately to thF9 vraject/lvration 1' 130 CG 25 03 or 26 04) or the general aggregate limit ahaA he twice the requlrad occurrence limit. 2. Autornoblls I..fabNlly: ISO Farm Number CA 00 01 oavanng any auto o, if Conrrarinn lies no owned autos, then hired, and non- owrred autos with Ilmit no Islas than $2,000,000 peracradans fnrbodIN Injury and property damage. 3 Workors' Compensxtlon: as required by the Slate of Callb'Na, with Statutory Limits, and Employer's UsbNlty Inautamce with limit of no less than $1,000,000 per accident for bodily Injury or dieeas;s. 4. Bulldses Risk (Course of Construction) Insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the conlpletua value Of the ❑rojou't and no mnaurance penalty provisions, 5. Profoaelonal Liability (if Douigniriulld), with limits me less than $2,000,000 per occurrence or claim. Other lnauranea NrovIaIoiis: (a) Qthfr.(IRm al NannsrcJnlsi,;�i S1irliry The City of Jodi. (Is elected and appolmted boards, commieslone. officers- sgents. empioyrcna. and veluMgers era to he) cnarerorl as additional usaurmis lir; the CGL and auto policy with resmim to If 41V arising out of work of uparations perlerrisad by or an behalf a tha Canleaciar Including matodals, pstts, a egtlinment fumishad in connnntion with such work or operations. General liability coverage can be proNdod in Hte form of an anderaemorlt In 1114 Conirrrrior's insuraimm (at leant as broad ars 130 Form CG 20 10 1186 or If not available, through the $"tion of both CQ 20 10, CO 20 26. CG 26 33, or CG 20 38; anA CG 20 37 if a fatal Millon is 4!0130 (b) 1?utlleeey srt¢.Ngn-Conttrliuty_ry Fr�girr.lin:e lSnetpx tstayi The limits of insurrenca coverage required maybe saftalled ey n combination of prlmery and umbratls or axcesu Insurance. For any eJstlmta related to this contract, the Contractor's inauranca Coverage shall ba primary Cuv1erag0 at least as broad as 130 CO 20 01 04 13 as respects the Entity. Ila o laam, officifila, employees, and mluntoete Any insnrnnce at self-hsnurancO mnlntalnerl by tire Entity, Its Officers,officials, employees, of volunteers shall be axnass of the Conita(:t0f'a insuranou end Ill ,uI not rvntribuN with it (c) IPA? ... r yr jvLitoyaduii Contractor hereby grants to Oily Of Lodl a warver of any fight 10 subm9allon whichany Inauror of oil Id Contractor may acquire against the City Of Lodi by virtue c 014 payment of any loss under ouch Insurance CtlnitaC(oragn398 t0 obtain any endorsement that may be necessary to aft ct this waiver of subrogation, But I* pravlskm applies, mgafdiess of wAsther or not the Clty of Ladl has recatved a waiver of sub rQUallcn ursdursdrnunI from !hu irimwas NOTE; (1) The street address of the CLIX OF L001 nuut be shown along wish (a) and (0) silo (e) above: 22 T West f :no Stroal Lodi, Callfumia, 85240, (2) The insuralu% cerlificat8 mual state, an its face or as an endorsemont, a descriptlorl of the orolec[ that it is inslitinp (d) ;uv_yraotilly Ql 11%ifast Cljkug! File teen "Inauled- is used save rally and not cc I lectively, but the inclusion herein of nine IIldn one Insured shall not oi:urr,te to incroasst the limst of the rowpany_e liablilty under the Contractara commercial general 160116Iy a' ill aulamobilm liability poll,m". Paye 1 I of 2 pages Risk; rev, 3/V2018 (e) tirt(tCo of C-tcu Lhillonor CLIkalir. IR t:Sty Sytlii 1 piia�rsirpnzn) This policy may riot be cancefed nor (he covorsge reduced by the company without 30 days' prior written notice of such Cancellation or reduction In coverage to the R ok Manager. City of Lodi, 221 Wass Pine St, Lodi, CA 98240. (f) C011 lit'lly o1 Govoraae All policies shall be In affect 0n or before the Brat day or the Tenn of this Agmernent. At faagt thirty (30) days prior to the expiration of each Inauronca popsy, Contractor shall furnish a certificale(s) showing Ihat s naw or oxteniled pnflCy harp been obi atned which meets the minimum rsqulremetits of this Agreement, Contractor $hall provide proof of continuing Insurance on at least an annual basis duno the Term. If Contractors insurance Topses or to discontinued fpr aray loss on. Contraclor shall i rimadiately notify the City and Immediately obtain replacement Insurance Contractor agrees and stlpulittes that any insurance coverage provided to the City of Lodi vtlall provide for a claims par" following telrrilnatfon of coverage which le at fesatconalstentwW the claims parlod or 0Willi tes of irmltatlona round In the Califcrnla Tort C1aYne Act (Celtfnrnta GoveMot ant Code Section fill] at seq.). (g) Lihr9-!a 1.S 1ng1IY If Conlraclor falls or reluseps Ili obIWrl and multituln IIIA requited inaurence, or falls to provide pm of of r-OvOce9ft, the City may Obtain lha inBurasica rtwiracfor shall refmtsurse the City for premiums pard, with interest on the premium paid by the City at the maximum allnwabIs legal ram theft if affect In Gnllfhmu3. The City shall notify Contractor of ankh psynia,,t of pfumiums within thirty (3()) dayn of payment afol Ing rho aniouviI paid iho name(s) of the rn:tl,rer(s) and late of Interest. CWairaclvr $31Ell I Ray such rplmbureanpum and 1ntereat on the it rat (Tet) day of the month following the City's notice. NOW t1h Mandl rig arty other provhlnn of this Agreement, If Contractor falls Or refuses to obloln or maintain Insurance as requirod by Ihin agresrnenI. a faits to prnwdr3 proof of Insufarace, the City may terminate this Agreamerit upon such breach. Upon such tor+ninedon, Contractor shall itismaduately cease uaa of IIla Site or facilities and rnmmnni . ansa dllfgnntly Wn mua the removal of aiiy arid all of lis petsunat property from the site or facilkas. (h) VerMcnlinn of QQyerjge Con Sul ION analt furnish the City wilh a copy of the Solley Owls fallen and endorsement pago(s), ❑ rig Ins I cartlficates acid amendatory endorsements or "Oes of the applicable policy language sffectlhg coverage required by the clause. All cert Pirates a rid ,31ldnroantatits are to ae ralrRlY4(} and itppravad by 11,a City balbee work :;gimmances. I-Inwever, faltunt to olrtaira Ing req, piI ad di:"it lsnls pruu w lire work t)agifu3ilig Sltall not %voive Iiia Consultant's abilg.rhtm to provide 11iern. The City rusefvon I h a righl to regurra camnlete, oerlifrael nnples of all rettuferid insurance- rxilicles. Inctrrdingandoisernonta mririre,t try three apecttloeltons, at any time Failure to exercise this right shall not constitute a waiver of date. the City's right to exerofeo atter the etfeetlt+s (I) $Lll kyni-gtud Relenlians Sull-Insured relorilkslis raival ba thaclared to and appsOved by the City. fro Cily may milturn the [4n8ullani to provide pm;oIFof ability 10 pay teases dritr Fella led Irivasligatkins, claim atinfir xstrarlon, and defense exp amses swlhur the selantion. mg policy fanyarnrin shelf provide, or be endorsed to provide, that Gita self-insured ratentian may be satistted by either the named insured or City (j) Insurance I.Ir is The limits of ins lriarIce des crrbaid Harem shall not lima tits IlaDARj of the Contractor and Corrtrat,-tar's offtcers, nmployooa, agents, represenlatfvas or subconunrtors Cnaumctar's obligation to defend, Indemnify ands hold the City and Iia offcars, orrrclals, employees, agents and votuntsors harmless undof this pr0*1onoaf $his paragraph Is not itmtied to or rsstrlcted By any requirement In the Aprooment rut Contractor to pmcure and main lain a policy of Insurance (k) ggilptr:t ti Arai. (r=nt! i; sof. C!air34aa t:�Iftai ttti4ne..Ii)(r Coniractor may submit evidence of 8uflder'e FV 31; insurance in the form of Course of Construction coverage. Such coverage shall name the Clty as a toss payee as their idteresf may appear If the orrilerct aunu not invraivn Plow or cnidae re carr slrslrcon, at the ophno of rhe City, an n75ia0ahyn 1= roll 'at may be a"opmolri For such ilri]IfleIs- a Property It, 64nllation Floater all all be ablatred Thal pr:)vrrle;5 for the Improvarnant, remodail, toodif anion. alierntion, conversion or adjustment to existing bulldinps, structures, processes, mat;hEnery and equlprronL The property Inatelfaifnn Floater shell provide property dantaga roverager fnr any building, structure, machinery or equipment deranged, impaired, broken, [ir deslmyed during the perfarnrence of the Wnrk, Inrhrding'1011109 frRnsit, insiallaiion. and tasliog at the City's aIle. 4) $,-ittss!us-S1Rt�y Consultant shall require and verify that all aukontraclors maintain insuranua meeting all the requirements stated herein, and Consultant shall ensure that City Is an additional insured on Insuraltca required from subcontractors (m) t uwitittV n r sj All Insure nce, ragrdred by the terms orthis Agr.:a7ment must be pr0v4sd by rnsurers deranged to do business in it,n State yr California wtlicfi are rates} all least'A•, VI' by lila AM Best Ratingen Guf�%, and which ern. "comptable io the City Noi,.admifted Surplus fines carriers may be accepted pmvlded they Ora IneiudW on rhe roust reiwt list of Call far ntu ellgdile surplus hies insurers (I,ESt_I Its!) and otherwise meet Cily requirements. Page 2 1 of 2 pages 1 Risk: rev_ 311/20 1 6 4 i~xhibif 2 Dedicated to People Flow" Odobw 2S,2020 CRY a Lodl Various Lodi, California Loeadona KONE saoremento 10161 Croydon Way, Suits 2 Phew: 014.710-0304 euam ._UYGilii3 &❑IIL• f.qI REFERENCE: AGREE W -W FOR PROFESSIONAL SERVICES —KONE EbVetor frervlcN Prio, a4WUn" EFFECTIVE DATE: 2021 JMHWry 1'r, 2021 Effective Jpn 1.2021, Kone will ImpieMent a 3.06%price irlcrease for surv+cefg 10ndefed under the existing Elevator Me{ntuna, ics Agrcemeat- City oe LodI wiif be exsrcleing IYs contractual 0PIton toaXtend the oKiedng ElevRlorMmin tonallCB Adrpemerr[ through 09r6mber 3 i 2021. The new Mon" prfes for sorvites undarthls ar3rcem9n4 xhel; be f 1,824.24. Ail athor lsrma and cerr( thr a g the agroomarHwHi remain unchengad. Agreed: CRY of Lodi (3* -burs sf AUNWIZW Representat]vei (print Nanw) Tide Date ReopecoWl r aebwein", Connor ftcluw KONE Inc. (APPrmisd by) Autlwrind Repnesrilafte Title Dela Exhibit 2 Dedicated to People Flow' April 1, 2021 F KONE Equipment # 44072172 KONE CITY OF LODI 24/7 Connect Sacramento 221 W PINE ST 44072164 44072166 3727 Bradview Drive, Suite 200 LODI, California 95240 Sacramento, CA 95827 Carnegie Forum 20048704 Phone: 916-719-0308 20 Fax: Public Safety 20045656 connor.backus@kone.com REFERENCE: Value -Added Services $200.00 Police Main Rider No. 1 to the KONE INC. PROFESSIONAL SERVICES AGREEMENT 35 dated February 4, 2020 ("Agreement") $200.00 City of Lodi 44072220 35 40031316 EFFECTIVE DATE: April 26, 2021 In order for KONE Inc. ("KONE") to be able to provide the Value -Added Services to the Customer, the Agreement is hereby amended as follows: 1. KONE to provide the Services set forth below at a cost of $740.00 per month as well as a one time installation fee of $1,900.00 The KONE Care 2417 Connected Services & )lu ne services are performed forthe following equipment at the indicated monthly rates & install fees: Equipment Name City Hall F KONE Equipment # 44072172 Wireless Phone line 35 Phone Monitoring 20 24/7 Connect One time Install fee $200.00 Parking Structure #1 Parking Structure #2 44072164 44072166 35 35 20 20 $200.00 $200.00 Carnegie Forum 20048704 35 20 $200.00 Public Safety 20045656 35 20 $200.00 Police Main 44072212 35 20 $200.00 Police Lobby 44072220 35 20 $200.00 Police Jail 44072224 35 20 $200.00 Hutchins Square Theater 44072242 20 15 65 $100.00 Hutchins Square Lobby Hutchins Square Sr. Ctr. 44072233 44072246 20 20 15 15 65 65 $100.00 $100.00 2. KONE will commence billing the 2417 Connected Services on the date shown in this rider/contract with an understanding that the 2417 Connected Services may be active in advance of the date shown, or may not be active on the date shown, due to variability in the time required to procure material and complete the installation and provisioning ofthe devices. 3. KONE shall provide and install the necessary device(s) to perform KONE 24/7 Connected Services on the equipment below. Unless otherwise provided for in the Agreement, any callouts, repairs, or maintenance prompted by the KONE 2417 Connected Services shall be performed during regular working hours of regular working days, Monday to Friday, statutory holidays excluded, of the International Union of Elevator Constructors (IUEC.) All response times generated by KONE 2417 Connected Services shall be calculated starting at 8:00 a.m. local time the next business day. Repair and maintenance needs identified through the Services shall be performed based on the repair coverage agreed in the Agreement. Under no circumstances shall any indicators or predictions be cause for immediate services, but shall be determined and completed upon the next scheduled maintenance visit, or otherwise at the sole discretion of KONE. 4. KONE shall program the elevator phone(s) listed above to call the KONE Customer Care Center and will monitor the elevator phone(s). The Customer shall provide names and phone numbers of at least two (2) of its representatives for the KONE Service Center to contact on a 24 hour basis, and at least one (1) police, fire or local 911 agency name and phone number and notify KONE immediately in writing of any changes in these names or numbers. In the event of a call from the elevator, the KONE Customer Care Center will contact the points of contact in the order given by Customer. The local authorities will be contacted only if the previously mentioned point of contacts cannot be reached. If KONE does not provide Wireless Phone Provider Service, Customer shall provide an analog phone line to the elevator machine room (to be terminated on the appropriate phone jacks). If phone line is an extension off an existing phone system, a backup City of Lodi VAS Version: 6.01 Revised Date: 10/12/2020 Page 1 of 3 CONFIDENTIAL © 2019 KONE INC. power source must also be provided. An extension, if applicable, must be a direct inward dial (DID) extension. All phones and associated equipment shall be in compliance with the requirements of ASME A17.1, local codes and applicable law, as amended. Customer shall also provide the elevator phone number(s) and/or extension(s) for the phone(s) being programmed. Upon termination of the Agreement a $500 decommissioning and transferfee shall apply for any elevator phone that needs reprograming to a different number for emergency monitoring. 5. If Wireless Phone Provider Service is selected, then KONE provides the phone connection via a KONE provided wireless service device and the phone connection must be programmed to the KONE Customer Care Center. KONE Care Emergency Phone Monitoring is required. Customer shall bear the responsibility to reactivate the analog phone line in the event KONE can no longer provide wireless service. Customer shall also provide KONE access to the appropriate location where the building telecommunications devices are located. KONE reserves the right to remove the wireless hardware in the event KONE no longer provides the wireless service or maintains the equipment 6. The remote monitoring devices are provided to the Customer as part of the Services. Customer gives KONE the right to utilize 24/7 Connected Services to collect, export and use data generated by the use and operation of the equipment. Customer will not use the 24/7 Connected Services device, except in connection with the use and operation of the equipment. Customer will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form. Customer has no ownership or proprietary rights to such data, nor the device or software that monitors, analyzes, translates, reports or compiles such data. KONE 24/7 Connected Services, including any data collected, the device(s) to perform the service, and any software related thereto shall be the exclusive property of KONE. 7. If any or all Services are terminated, upon KONE's request the Customer shall give KONE access to the equipment to remove any remote monitoring devices owned by KONE along with any other equipment which remains KONE's property at the facility or otherwise at KONE's expense. Such right shall survive the expiration or termination of the Agreement. Upon termination for any reason of the KONE 24/7 Connected Services, no further data will be collected. In the event this 2417 Connected Services contract is cancelled within 5 years of this contract effective date, KONE will be reimbursed $3500 per unit. Upon any termination or expiration of the Agreement, no further services will be provided, including phone services or data collection. KONE shall have no obligation to any party to either collect, export or analyze any data, or to provide the source code of any software in object code form. 6. KONE MAKES NO EXPRESS OR IMPLIED WARRANTY; DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT; AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. KONE MAKES NO WARRANTY THAT SERVICES WILL BE UNINTERRUPTED OR ERROR - FREE. KONE IS NOT LIABLE FOR ANY DAMAGES RELATING TO LACK OF NETWORK COVERAGE AT THE SITE OF THE EQUIPMENT, DUE TO TAMPERING WITH THE REMOTE MONITORING DEVICE, INTEROPERABILITY, SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS, INTERRUPTIONS OR ANY OTHER REASON OUTSIDE OF KONE'S REASONABLE CONTROL. KONE DISCLAIMS ANY LIABILITY FOR DAMAGES OR INJURIES (INCLUDING DEATH) ARISING FROM OR IN CONNECTION WITH THE OPERATION OR USE OF THE SERVICES SET FORTH HEREIN. If the terms contained in this amendment conflict with terms contained in the Agreement, the terms contained in this amendment shall supersede and prevail. All other terms contained in the Agreement shall remain in full force and effect. Agreed: CITY OF LODI Respectfully submitted, Connor Backus -------------------------------------- (Signature of Authorized Representative) KONE Inc. --------------------------- --- ------------------------ -•- ...........• ----------- ------------ (Print Name) (Approved by) Authorized Representative Title Date ----------------------------------------------- Title Date City of Lodi VAS Version: 6.01 Revised Date: 10/12/2020 Page 2 of 3 CONFIDENTIAL © 2019 KONE INC. Signature: 3m� MO& '1 Magri rrh i May IP .J 1 i EIS N)TI Email: jmagdich@lodi.gov Remote Monitoring Service Voice Link and Wireless Phone Service Name: Phone #: Name: ii11e: Call Phone#: Point of Contact (Reaulred) Point of Contact (Optional) 'Phone #: Local Emergency Authorities (Required) Fire Department Phone #: Department Phone #: City of Lodi VAS Version: 6.01 Revised Date:10/12/2020 Page 3 of 3 CONFIDENTIAL 0 2019 KONE INC. Elevator Phone # and Extension for Caller ID (H Elevator Description Equipment # IKONE does not provide wireless service) 1 City Hall 44072172 IKONE to provide wireless service 2 Parking Structure #1 44072164 KONE to provide wireless service 3 Perking Structure #2 44072166 IKONE to provide wireless service 4 Carnegie Forum 20048704 KONE to provide wireless service KONE to provide wireless service IKONE to provide wireless service KONE to provide wireless service 6 Public Safety 20045656 16 Police Main 44072212 44072220 '7 Police Lobby 13 Police Jail KONE to provide wireless -service 44072224 9 Hutchins Square Theater KONE to provide wireless ser -Ace 44072242 10 Hutchins Square Lobby 44072233 KONE to provide wireless service 11 Hutchins Square Sr. Ctr. moNE to provide wiroloss service 44072246 (First Point of Contact (Required) Name: Phone #: Name: ii11e: Call Phone#: Point of Contact (Reaulred) Point of Contact (Optional) 'Phone #: Local Emergency Authorities (Required) Fire Department Phone #: Department Phone #: City of Lodi VAS Version: 6.01 Revised Date:10/12/2020 Page 3 of 3 CONFIDENTIAL 0 2019 KONE INC. RESOLUTION NO. 2021-172 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KONE, INC., OF SACRAMENTO, FOR MONTHLY INSPECTION AND MAINTENANCE SERVICES OF ELEVATORS IN CITY FACILITIES WHEREAS, the service contract provides ongoing elevator services for both regularly - scheduled maintenance and on -demand repair services on 11 elevators located at City Hall, Carnegie Forum, Police Facility, Lodi Station Parking Structure, City Hall Annex, and Hutchins Street Square; and WHEREAS, on December 2, 2020, Amendment No. 1 amended the fee schedule and extended the term of the agreement through December 31, 2021; and WHEREAS, Amendment No. 2 will add monthly phone monitoring services and extend the contract term through December 31, 2022; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators in City facilities. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with KONE, Inc., of Sacramento, California, for monthly inspection and maintenance services of elevators in City facilities, thereby adding monthly phone monitoring services and extending the term of the agreement through December 31, 2022, in the amount of $35,000; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: June 16, 2021 I hereby certify that Resolution No. 2021-172 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 16, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None JENNIFER CUSMIR City Clerk 2021-172