046-21 - Otis Elevator Company - Contract Amendment 1CITY OF PORT ORCHARD
Authorization for Amendment No. 1 for Purchased Services Agreement
Date: January 25, 2022
Project: City Hall Elevator Maintenance
Contract / Job # C046-21, PW2021-014
Vendor: Otis Elevator Company
3315 S 116th St, #149
Seattle WA 98168
Description of reason for amendment:
To clarify and properly record that the Five -Year Otis Elevator Service Agreement (C046-21) which has a
rrnot to exceed" amount of $10,000 is an annual "not to exceed" amount. The Agreement commenced
on 6/1/21 and terminates 6/1/26 (unless extended).
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract $10,000.00 na $10,000.00 25-May-21 Council
.Amendment 1:
$40,000.00
na
$40,000.00
25-Jan-22
Council
6/1/22-6/1/23-not to exceed $10,000
6/2/23-6/1/24-not to exceed $10,000
6/2/24-6/1/25-not to exceed $10,000
6/2/25-6/1/26-not to exceed $10,000
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
C r or Approval Signature arks Director/Cit ' er
Grant Berryhill, Sales Manager MARK R. DORSEY, P.E.
Printed Name & Title Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director,
Change Orders that do not exceed 10%, with a maximum of '! Jr,rr .
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the �``�ld • ¢tp �� q• �y'r
Mayor -
Change
C, F
� 0 .�
Change Orders over $100,000 or exceed a total of 10% requltie�—~
Council Action. —A�—' Cbuncil Approval Date
u 51 _Rom R13[rauonrt_C;arnrau2vp Procurameni4l�RC](:uREMENTV2622 Cpntract Extensions=46-21 Otis Elevator -MARK Sign orNEED TO SEND TO OTIS 1124 2=4041 AmdN1.Otie
Company -cover jr I DOC Page 1
Elevator
Amendment No. 1 to Contract No. C046-21
CITY OF PORT ORCHARD PURCHASED SERVICES AGREEMENT WITH
Otis Elevator Company
THIS AMENDMENT No. 1 to Contract No. C046-21 ("Amendment") is made effective as of the
25'h day of January, 2022, by and between the City of Port Orchard ("City), a municipal corporation,
organized under the laws of the State of Washington, and Otis Elevator Company, a corporation organized
under the laws of the State of Washington, located and doing business at 3315 S. 116" St #149, Seattle,
WA 98168 ("Vendor").
WHEREAS, on May 25, 2021, the City executed a Purchased Services Agreement with Consultant,
for the provision of City Hall Elevator Maintenance ("Underlying Agreement"); and
WHEREAS, Section I ("Terms") of the Underlying Agreement provides that "[t]his Agreement
shall commence on June 1, 2021 ("Commencement Date") and shall terminate June 1, 2026 unless extended
or terminated in writing as provided herein. Additionally, the City reserves the right to review the
Agreement at regular intervals to assure the quality of services provided by the Vendor'; and
WHEREAS, Section 3, "Compensation" states that "Compensation for these services shall not
exceed $10,000 without written authorization and will be based on billing rates and reimbursable expenses
attached hereto as Exhibit "A".; and
WHEREAS, the Consultant and the City have conferred and wish to clarify that the parties intended
that the not to exceed amount of $10,000 is an annual amount for each year of the five-year contract; and
WHEREAS, the parties wish to memorialize their agreement to so extend the Underlying
Agreement; NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
1. Section 3 of the Underlying Agreement of May 25, 2021 between the parties is amended to read as
follows (amendment shown in legislative marks):
3. Compensation.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of
0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall
not exceed $10,000.00 without written authorization and will be based on billing rates and
reimbursable expenses attached hereto as Exhibit "A".
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1459690v 1366922-0009
Ll TIME AND MATERIALS. Compensation for these services shall be on a time and
materials basis according to the list of billing rates and reimbursable expenses attached
hereto as Exhibit
0 OTHER.
i'l�c `.`ttI _t� exceed" it[1t(Ztlnt listed in x1yL�ection is �p annual maximum. Therefore,
Com- t%r �servic _.shl� �r, d. 1. _ _ a rear oLtl firr
y..ear_pQntat_t�rurklt written_��tthiati�h�annnsation will .bA1�-4�11ite5
and reinibtizsjahte.gxp -uses_-os_.listsd in Exhibit A oFCoa#�pL�44S-�1,:
Entire A reement. The written provisions and terms of this Amendment No. 1 shall
supersede all prior verbal statements of any officer or other representative of the parties,
and such statements shall not be effective or be constructed as entering into or forming a
part of or altering in any manner whatsoever this Amendment No. 1. The entire agreement
between the parties with respect to the subject matter hereunder is contained in the
Underlying Agreement and exhibits thereto, and this Amendment No 1. Except as
expressly modified by this Amendment No. 1, all other provisions of the Underlying
Agreement not inconsistent with this Amendment No. 1 shall remain in full force and
effect.
5. Effective date. This Amendment No. 1 shall be effective on January 25, 2022.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, VENDOR
WASHINGTON
By :
Robert Putaansuu, Mayor
ATTESTIAUTHENTI "E
By: C�
Brandy mearson, MMC City Clerk
APPROVED AS TO FORM:
By: fr
\� J
CharIo�l'c�rcher, �ty��rney
ISE q.
1�r�9'� ° , Y t ON
`'1
By:
lea r 'I Berryhi11
TitI • ales Manager
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1459690v13669 22-0009