ThyssenKrupp Elevator - Old City Hall Dumbwaiter Repair (2019) - Amendment No. 1FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH THYSSENKRUPP
ELEVATOR CORPORATION
This First Amendment to the Agreement for Services ("First Amendment") is made and entered
into as of December 13, 2019 ("Effective Date"), by and between the City of Gilroy, a California
municipal corporation ("CITY"), and Thyssenkrupp Elevator Corporation ("CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services,
effective on August 1, 2019, hereinafter referred to as "Original Agreement"; and
WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below
and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties hereto agree as follows:
1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as
follows:
"In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONTRACTOR exceed $10,309."
2. Exhibit B (Scope of Services) of the Original Agreement shall be amended as follows:
"Contractor will remove existing non -compliant dumbwaiter rope and install a new rope for the
hand operated dumbwaiter located at 7400 Monterey St., Gilroy, CA. The new rope must pass
inspection by the State of California Department of Industrial Relations Division of
Occupational Safety and Health and comply with 3079 (i) (4) (A) of the California Code of
Regulations Title 8. Contractor will provide manufacturer specification sheet for the rope.
Contractor will absorb the cost of rope. The CITY will pay for labor only."
3. Exhibit D (Payment Schedule) of the Original Agreement shall be amended as follows:
"Total contract amount not to exceed $10,309.
The contract amount to be invoiced and paid upon completion of this specific job thru the end
of contract."
4. Exhibit E, Section 4 shall be amended as follows:
"The ThyssenKrupp Elevator Corporation Repair Work Order number ACIA-1LAWJKI dated
December 11, 2019, in its form as attached hereto, shall be made a part of the Original
Agreement. In the event there is a conflict between the terms of this Work Order and any of the
terms of this Agreement, the terms of this Agreement shall control."
This Amendment shall be effective on December 13, 2019.
4845-8215-55400 -1-
MDOLINGER104706083
DocuSign Envelope ID: D52FBEAA-EF44-4FD1-AA8B-9B8119C80DOD
6. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
7. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
ThyssenKrupp Elevator Corporation
DocuSlgned by:
By: �'c �fifii�� lfflj{l xss
FJ;'6WZ120...
Greg Klippness .
[employee name]
Sales Manager
[title/department]
CITY:
i
CITY OF ILROY
B� / [signature]
Girum Awoke
Date: 12/16/2019 Date
Approved as to Form:
City Attorney
[name]
Public Works Director
[title]
4845-8215-55400 _2_
MDOLINGER104706083
DocuSign Envelope ID: D52FBEAA-EF44-4FD1-AA8B-9B8119C80DOD
6. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
7. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CONTRACTOR:
CITY:
ThyssenI j-upp Elevator Corporation E IT
Y OF ILROY
By: �DocuSl;ed by:
frhh�� P1}Pln t-SS :
FAMAWW20... [signatum]
Greg Klippness Girum Awoke
[employee name] [name]
Sales Manager Public Works Director
[title/department] [title]
Date: 12/16/2019 Date:
Approved as to Form:
City Attorney
4845-8215-5540v1
MDOLINGER104706083 -2-
6. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
7. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CONTRACTOR:
ThyssenKrupp Elevator Corporation
M.
[signature]
Greg Klippness
[employee name]
Sales Manager
[title/department]
Date:
Approved as to Form:
City Attorney
CITY:
CITY OF GILROY
[signature]
Girum Awoke
[name]
Public Works Director
[title]
Date:
Attest:
City Clerk
4845-8215-55400
MDOLINGEM04706083 -2-
Repair Work Order thyssenkrupp
OLD CITY HALL GILROY December 11, 2019
Purchaser: City Of Gilroy Location: OLD CITY HALL GILROY
Address: 7351 Rosanna St Address: 7400 Monterey St
Gilroy, CA 95020-6141 Gilroy, CA 95020-5824
Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as "thyssenkrupp Elevator" hereafter)
to perform the following work on the equipment and at the location described above, in exchange for the
sum of Ten Thousand Three Hundred Nine Dollars ($10,309.00) inclusive of all applicable sales and use
taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order").
Summary:
Elevator Description Repair category
Rope Operational
For further information, please see a detailed Scope of Work on the pages that follow.
Recommended by Service Technician: Jordan, Matthew
In the event you have any questions regarding the content of this Work Order please contact me at +1 408
6601507.
We appreciate your consideration.
Regards,
Celia Cecena
thyssenkrupp Elevator Corporation
2140 Zanker Rd
San Jose CA 95131
celia.cecena@thyssenkrupp.com 1+1 408 6601507
Notice:
No permits or inspections by others are included in this. work, unless otherwise indicated herein. .
Delivery and shipping is included: All work is to be performed during regular working days and hours as
defined in this Work Order unless otherwise indicated herein:
2019-2-791281 1 ACIA-11-AWAl I December 11, 2019 1
Repair Work Order thyssenkrupp
Scope of Work
thyssenkrupp repair crew remove existing obsolete dumbwaiter rope and install of new rope for the hand operated dumbwaiter
located at 7400 Monterey St. Gilroy CA. thyssenkrupp will absorb cost of rope, and this work order will cover labor only.
(End Scope of Work)
2019-2-791281 1 ACIA-1LAWJKI I December 11, 2019
Repair Work Order
Terms and Conditions
thyssenkrupp Elevator does not assume any responsibility for any part of the
vertical transportation equipment other than the specific components that are
described in this Work Order and then only to the extent thyssenkrupp Elevator
has performed the work described above.
No work, service, examination or liability on the part of thyssenkrupp Elevator is
Intended, Implied or included other than the work specifically described above.
It is agreed that thyssenkrupp Elevator does not assume possession or control
of any part of the vertical transportation equipment and that such remains
Purchaser's exclusively as the owner, lessor, lessee, possessor, or manager
thereof.
Unless otherwise stated herein, thyssenkrupp Elevator's performance of this
Work Order Is expressly contingent upon Purchaser securing permission or
priority as required by all applicable governmental agencies and paying for any
and all applicable permits or other similar documents,
It is agreed that thyssenkrupp Elevator's personnel shall be given a safe place in
which to work. thyssenkrupp Elevator reserves the right to discontinue its work in
the location above whenever, In its sole opinion, thyssenkrupp Elevator believes
that any aspect of the location is In any way unsafe until such time as Purchaser
has demonstrated, at its sole expense, that It has appropriately remedied the
unsafe condition to thyssenkrupp Elevator's satisfaction. Unless otherwise
agreed, it is understood that the work described above will be performed during
regular working days and hours which are defined as Monday through Friday,
8:00 AM to 4:30 PM (except scheduled union holidays). If overtime Is mutually
agreed upon, an additional charge at thyssenkrupp Elevator's usual rates for
such work shall be added to the price of this Work Order.
In consideration of thyssenkrupp Elevator performing the work described above
Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify,
defend, save harmless, discharge, release and forever acquit thyssenkrupp
Elevator, its employees, officers, agents, affiliates, and subsidiaries from and
against any and all claims, demands, suits, and proceedings made or brought
against thyssenkrupp Elevator, its employees, officers, agents, affiliates and
subsidiaries for loss, property damage (including damage to the equipment
which is the subject matter of this Work Order), personal injury or death that
are alleged to have been caused by Purchaser or any others in connection with
the presence, use, misuse, maintenance, installation, removal, manufacture,
design, operation or condition of the vertical transportation equipment that is the
subject of this Work Order, or the associated areas surrounding such equipment.
Purchaser's duty to indemnify does not apply to the extent that the loss, properly
damage (including damage to the equipment which is the subject matter of this
Work Order), personal injury or death Is determined to be caused by or resulting
from the negligence of thyssenkrupp Elevator and/or its employees. Purchaser
recognizes, however, that its obligation to defend thyssenkrupp Elevator and
its employees, officers, agents, affiliates and subsidiaries under this clause is
broader and distinct from Its duty to indemnify and specifically includes payment
of all attorney's fees, court costs, interest and any other expenses of litigation
arising out of such claims or lawsuits.
•Purchaser expressly-agrees-to-name4hyssenkfupp-Elevater-along-with-its
o#ise sragerats,.aitiliatasgrod srabsidiariea ac-additional- neureds-in-Purchasers
liability-and-any-exeass-(umbrella)-liability4nsuranee•pelicy@es3.4ueh4n6ursne6
•roust insure-ftayyssenkrupp-Elevater� along-with-its-offiaers-agents; affiliates -and
subsidlariea-for-those-elaims•and/or-losses-refereneed-in-the above -paragraph,
Brad-fetolalraas-aril/Ar-utlassea:arisingdrore-ttae.nagllgenaa•or-legal-responsibilil�
ef-thyssenkrupp-Elevater-ender-ite-offieew agents; efiiliates-and-subsidiaries.
Sueh-insuranee -must-speeifq-that-its eoverage4s-pRmory-and-non-contfibutery.
•Porch®ser-hereby-weives•ttie-right-of�ubrogetion;
2019-2-791281 1 ACIA-1.1-AWJKI I December 11, 2019
thyssenkrupp Elevator shall not be liable for any loss, damage or delay caused
by acts of government, labor, troubles, strikes, lockouts, fire, explosions, theft,
riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond
its control. thyssenkrupp Elevator Corporation shall automatically receive an
extension of time commensurate with any delay regarding the work called for in
this Work Order.
Should loss of or damage to thyssenkrupp Elevator's material, tools or work
occur at the location that is the subject of this Work Order, Purchaser shall
compensate thyssenkrupp Elevator therefor, unless such loss or damage results
solely from thyssenkrupp Elevator's own acts or omissions.
If any drawings, illustrations or descriptive matter are furnished with this Work
Order, they are approximate and are submitted only to show the general style
and arrangement of equipment being offered. Work Order.
Purchaser shall bear all cost(s) for any reinspection of thyssenkrupp Elevator's
work due to items outside the scope of this Work Order or for any Inspection
arising from the work of other trades requiring the assistance of thyssenkrupp
Elevator.
Purchaser expressly agrees to waive any and all claims for consequential,
special or indirect damages arising out of the performance of this Work Order
and specifically releases thyssenkrupp Elevator from any and all such claims.
A service charge of 1.51/a per month, or the highest legal rate, whichever is
less, shall apply to delinquent accounts. In the event of any default of any of
the payment provisions herein, Purchaser agrees to pay, in addition to any
defaulted amount, any attorney fees, court costs and all other expenses, fees
and costs incurred by thyssenkrupp Elevator in connection with the collection of
that defaulted amount.
Purchaser agrees that this Work Order shall be construed and enforced in
accordance with the laws of the state where the vertical transportation equipment
that is the subject of this Work Order is located and consents to jurisdiction of
the courts, both state and Federal, of that as to all matters and disputes arising
out of this Work Order, Purehesef-further-agrees-towwaive-trial•byjury-forall-sueh
toafter5-and-disputes-
The rights of thyssenkrupp Elevator under this Work Order shag be cumulative
and the failure on the part of the thyssenkrupp Elevator to exercise any rights
given hereunder shall not operate to forfeit or waive any of said rights and any
extension, indulgence or change by thyssenkrupp Elevator in the method, mode
or manner of payment or any of its other rights shall not be construed as a
waiver of any of its rights under this Work Order.
In the event any portion of this Work Order is deemed Invalid or unenforceable
by a court of law, such finding shag not affect the validity or enforceability of any
other portion of this Work Order.
This Work Order shall be considered as having been drafted Jointly by Purchaser
and thyssenkrupp Elevator and shall not be construed or interpreted against
either Purchaser or thyssenkrupp Elevator by reason of either Purchaser or
thyssenkrupp Elevator's role in drafting same.
in-the-evenFParehaser�s-aeaeptanse-ef-the-wer�called•for-in-this-Work-Order
sisdn-the-forfn•ef-a•purc-haseorder-or-other-kind•of-deaument—the-previsions,
4erma-end-eonditiews•of4is-Wer4�-®rder shall-exeltisively-govern-tire-pelatienship
isetween-thysseflkmpp-Elevator-and-Rare-haler-with-f;espec-t-#o-the-werac-
deser•Ibed-herein.
Repair Work Order thyssenkrupp
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This-Work-Order-is-subrait#ed4or-ac-c-eptanse-within 30-days from-the-date-exeeuted-by-thyssenkrupp
•Elevator—Uales+ether-wise-stated the-ikoc� ser-agreeto-pay-as-follows;-60oFe-up0"igned-aeeeptanc-e-of-this
Work-&det'-and-%6;+bA40-upon-eerapletion-of-the-work described -in -this -Work Order:
'.Purehas er's-ac-c-eptanc-e-of-this-Wor-k-Or-der-will-GRMALA-e-R-C-1- savour-and-enf rely-the-agreerrfent-ferthe-we rk-herein
�lescr+bed-All-prior-rsprssmRtataoras-or-agrearaents4.egarding-t4ie-wep: wk>etber written -or -verbal, will-be-deemed4o
•iaae-rRer�ed-hereirti; and-no-other-changes-in-or�dditiona-tfl-this-WarkOwde�wiH-be-reeegni�ed-unless-r>�ade-in-writiflg-
*and-praper•4�-exasut�-by-laoth-par-ties,-Plo-agent•o�erraployee-o�thy�setakrupp-Elevator�haR-have-the-autherity-to-
an�a'we-or-modify-at�f�hf�-tarraas-0� tkais-N/or�0l�ar-watheut th�anrritteR-approval-ef-an-autheri�ed-thyssenkrupp"
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the-partiesT-any-sueh-c-o ntmct-shall-be-unaffeGtad-b•y-thk4erkOrder.
�e indicate-aGceptaliGe-af this avor-k order please-sign-and return-one-(�� original of thie agreement to -the -address
,&hown-below,U•peR-arei pt-ef-your-written-autho riz-ation-and-required- materia Is-andFor-supplies-we-shall4mpl ement
the-work-Ga I lsd-for-in-this-ftrk-O rd or.
By:
(Signattire-of-Authorized-Individuep
WalterBunkel
jPrinFor-Type+fame)
(4*nt or-Type-T-itle)-
(EWe-ef-A-eceptaFleo
-Rlease-Ceaist
By:
(Signature-of-BraFlch-Representstive}
,Kay-Denevam
Branch -Manager•
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2019-2-791281 1 ACIA-1LAWJKI I December 11, 2019 4
(ft
thyssenkrupp
Attn: Walter Dunkel
City Of Gilroy
7351 Rosanna St
Gilroy CA, 95020-6141
December 11, 2019 Immediate ACIA-1LAWJKI
Total Contract Price: $10,309.00
.Down-F1myfmeuti ;Zoo" ) Vl ,1-64--50
For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your
local account manager at +1 408 6601507. To make a payment by phone, please call 908-603-4541 with
the reference information provided below.
Current and former service customers can now pay online at:
httios://secure.bilitrust.com/thvssenkrur)Delevatot•/io/one-time-t)avment
Thank you for choosing thyssenkrupp Elevator. We appreciate your business.
Please detach the below section and provide along with payment.
-------------------------------------------------------------------
Customer Name: City Of Gilroy Remit To:
Location Name: OLD CITY HALL GILROY thyssenkrupp Elevator
Corporation
Customer Number: 139560 3100 Interstate North Cir SE
Quote Number: 2019-2-791281 Ste 500
Atlanta, GA 30339-2227
Reference ID: ACIA-1LAWJKI
•Rernittartee-ATmurtt:-45;1-&4-
2019-2-791281 1 ACIA-1LAWJKI I December 11, 2019