CONTRACT 3052 Maintenance and Repair Agreement CLOSED MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
OLIVER& WILLIAMS ELEVATOR COMPANY
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 23rd day of
August, 2002, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ("CITY") and OLIVER & WILLIAMS ELEVATOR COMPANY, a California
Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a quarterly
basis in the amount set forth in the attached Exhibit"A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount
approximately thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from July 11, 2002, to September 34, 2005.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Oliver&Williams Elevator-348 Main Street Page 1 of 6
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
5. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
T)me of Insurance Limit a (fit 71 41
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
Oliver&Williams Elevator-348 Main Street Page 2 of 6
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
6. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 5 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
7. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
8. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance. Should
CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this Agreement,
Oliver&Williams Elevator-348 Main Street Page 3 of 6
iii 0 5` 2
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or its performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of El Segundo
350 Main Street
El Segundo, CA 90245-3895
To CONTRACTOR: Oliver & Williams Elevator Company
Attn. Owner/CEO/President and Account Manager
3039 Roswell Street
Los Angeles, CA 90065
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
Oliver&Williams Elevator-348 Main Street Page 4 of 6
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a parry is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments,the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
Oliver&Williams Elevator-348 Main Street Page 5 of 6
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22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion,war, embargo, government action, civil or military authority, the natural elements, or
other similar causes beyond the Parties' control, then the Agreement will immediately terminate
without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting elevator maintenance. To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
hereinabove written.
CITY OF EL SEGUNDO, OLIVER& WILLIAMS ELEVATOR CO.,
a general law city. a California Corpor i io ,n,
,�......
Ci 4a6t,a.
City '1� �get, A'S `11residefit ,
ATTEST: a. �
Sed:e tar,y
Cindy Mir ,seas,
City Clerk
APPROVED AS 71,(") 1° "
nl .
MARK D. 1..11: r
By. Karl H. t3eT,-ger, AssiMant City Attorney
Oliver&Williams Elevator-348 Main Street Page 6 of 6
AUG 21 2002 14:19 FR OLIVER & WILLIAMS ELV323 478 2130 TO 14138327469 P.02.E18
Oliver , ,�illiams Elevator Company
S131r 303
tcs Aapks,CA 9ONS
(323)479-21,00
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MASTER MAINTENANCE"
S AGREEMENT
®c
July 11, 2002
TO;
El Segundo Police pErtIn"t
348 Main Street
El Segundo,CA 90245
EQUIPMENT LOCATION,
El Segundo Polite NPArtIncut
348 Maw Street
E1 Segundo, CA
Roger Crnanan-City of El Segundo
310424-2709
PRcooSAL NUMBER." =-FE-193A
E 8�1RiV "Ry m
We propose to furnish maintemawc services on the following descri-bed elevator(s), ur escalatOds)
(hereinafter the"equipment" or'�umzts")+
Mori.
� XJ5 E1e'vator Hydraulic passe�r►ger 063216
All work will be perfomed dur!Ag our regular working hours of-aur regular worldng days, unlea
otberwise specified in this Asreement. Should trouble develop between regular euminations, we will
upon receipt of notification by you. dispatch 8 service mechanic to perform necessary adjustments.
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.TUL *24 20@2 15.10 310414 0911 PAGE.Oi
AUG 21 2002 14:19 FR OLIVER & WILLIAMS ELV323 478 2130 TO 14138327469
MASTER MAINTENANC
A, AINTErwlIANC _INCI HOE:
We will use reasonable care to maintain your equipment using trained personnel. We will regularly and
systematically examine, clean, lubricate, adjust, and if in our opinion conditions warrant, unless
specifically excluded under the proration provision, repair or replace the following:
SCOPE OF SEp.VICE--UYDR TJLIC ELEVATORS
We will regularly and systematically examine, adjust, lubricate as required, and, if conditions warrant,
repair or replace the:
MOTOR:winding, rotating elements and bearings-
VALVEs: including relief valve, pilot, lowering, leveling and checking valves; or any of the parts
thereof.
PUMP UNn: including pump, V-belts, strainers, silencers, springs, and gaskets.
JACK UNu.- guide bearing, packing and packing gland only.
CONTROLLER: all relays, resistors, contacts, coils, leads, transformers, timing devices and solid state
components.
CAR EQUIPMENT: including power door operator, door protective devices, car door hangers, car door
contact and car guide shoes including roller guides_
HoYSTWAY EQUIPMENT: including buffers, limit switches, traveling cables, hoistway door interlocks,
hoistway door hangers and gibs and auxiliary closers.
FURNIS1H!LUBRICANTS: compounded to rigid specifications and selected to give the best performance.
FURNISH ANA MAjNTAIN: hydraulic fluid at proper operating level.
FLx'iVRES: car and hall button stations, plaster indicator control panels, all signal fixtures including
contacts, button, key switches and locks, lamps and sockets, (installed prior to commencement of this
contract unless excluded below).
B. SERVICE PROVIDED
We will examine, adjust, clean and Iubricate the equipment as set forth above.
Prompt response to all emergency callbacks during regular working hours, Monday through Friday,
except holidays, recog;r&ed now and hereafter by the International Union of Elevator Constructors.
Provide 24-hour emergency callback service, if requested (see Item C below),
Covered repairs will be performed only during regular working hours.
We will maintain for each unit a record of all examinations, callbacks and repairs.
We will also provide a representative who will be available to discuss with you your equipment in the
areas of performance, modernization, and traffic handling ability, recommendations and requirements of
governmental authorities and proper use and care of your equipment.
Maetor 2 of 7 Form 514FM(6/41)
AUG 21 2002 14:20 FR OLIVER & WILLIAMS ELV323 478 2130 TO 14138327469 P,2,
;L M-ASTERM-AINTENANCE
C, OVERTIMECALLBACK SERVICE
Overtime call back service consists of minor adjustment, small parts replacement, if available from on
site inventory, and short-term diagnostic service of the equipirient, Covered repairs are, not considered
callbacks.
Overtime Callback Service will be provided as follows:We will provide, overtime-premium callback
service. We will absorb the work and travel hours at straight time rates and you will be billed in
addition to the Agreement price at our standard overtime rates for hours and expenses.
R. I!AUS INVENTORY AND LUBRICA,M
We will maintain a supply of frequently used replacement puts and lubricants required for routine
maintenance. Replacement parts furnished under this Agreement will be original equipment
manufactured or pans specifically selected by us for use on this equipment. All replacement parts will
be new or refurbished to our standards. In the event the Agreement is terminated for any reason
whatsoever, you agree to provide us access to the premises where the equipment is located to allow us to
rcinove any spare Ws or tools stored there by us-
E. OPE RATMAL CHARACTERJIILCS,
I '
We will maintain optimal operational characteristics of your equipment including, door operation, car
speed, floor leveling, and ride quality as determined by the original equipment design, age of equipment
and building use type.
F. PROBATIONS. EXCLUSIONS
If a Prorations/Exclusions Addendum is attached,the items listed on that Addendum show considerable
wear and will have to be replaced or repaired in the near future. These items are subject to limited or no
coverage as provided for in the Addendum.
GMAINTENANCE DqgS NOT INCLUDE
Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), door
panels, car gates, plenum chambers, hung ceiling, handrails, mirrors, light diffusers, fixtures, and bulbs,
emergency lighting including battery, car sill(s), car flooring and platfom.
Hoistway enclosure, including hoistway door panels, frames, sills, fascia, hoistway gates, hoistway
cleaning-
Signal fixture and operating station cover plates or plastic inserts. Braille and tactile plates. Key
mortise cylinders, instruction or warning signs in connection with the use of the equipment by
passengers.
Electric power supplies for equipment operation including signals and lighting; power switches, circuit
breakers, or fuses and feeders to the controllers, Emergency power systems, mainline shunt trips and
emergency power transfer switches.
Telephones installed by others, smoke and heat detectors with related wiring and annunciation panels,
air conditioners or cooling systems, heating systems, card.key or touch pads, intercom, music or security
systems, computer devices, keyboards, or display units,
Failure of hydraulic jack unit buried or unexposed pipe or conduit from any cause including, but not
limited to, corrosion or electrolysis,
M*Mr Makdamum AC 3 of 7 FormSiOM(6/01)
AUG 21 2002 14:20 FR OLIVER & WILLIAMS ELV323 478 2130 TO 14138327469 P.05/18
MASTER MAINTENANCE-1w
it is mutually agreed that all repairs and replacements covered by this Agreement are limited to those
necessitated by normal wear and tear, and that we shall not be required to replace or repair equipment by
reasons of negligence or misuse by others or for any cause beyond our control; including but not limited
to incorrect use of key switches, damages to the equipment by acts of God, forces of elements, changes
in the normal environment and/or operating conditions. We shall not be required to alter existing
equipment, or make replacements of obsolete pans or with parts of changed design whether
recommended by you or directed by insurance companies, consultants, or any governmental authority.
We shall not be required to specifically fabricate replacement parts that are no longer either stocked by
the original supplier or regularly available from other source.
Unless provided for elsewhere in this Agreement, any periodic safety tests required by applicable laws
or codes are not included under this Agreement, but will be performed by us upon request from you and
will be billed at our regular billing rates. We shall not be responsible for any inspection fees, license
fees, certificate fees or witness fees for any testing of equipment which inay be required by
governmental or other authorities.
Cleaning, adjustments, parts and repairs, which are not specifically included herein are excluded, Such
additional work, when necessary, and authorized by you, shall be performed at our regular billing rates
for material and labor including travel time and expenses, Should you authorize any additional repairs or
replacements, you agree to pay the price quoted as per the terms of this Agreement and abide by any
additional terms and conditions quoted in any separate agreement.
H. YOUR OBUG,AT[qN_q
It is agreed that we do not assume possession or control of any part of the units, that such remains yours
solely as owner, operator, lessee, or agent of the owner or lessee, and that you are solely responsible for
all requirements imposed by any federal, state or local law, ordinance or regulation. This responsibility
includes, but is not limited to; advising, warning and/or instructing passengers in the proper use of the
equipment,
You will insure that the machine rooms are properly ventilated with temperature controlled in the 50°F
to 90°F range or otherwise as required by governmental authority-
You agree to provide us unrestricted, ready and safe access, including off-hours emergency callbacks,
to all areas of the building in which any part of the units are located and to keep all machine rooms and
pit areas free from water, stored material and excessive debris. You agree to provide a safe work place
for our personnel and to remove any hazardous materials in accordance with applicable laws and
regulations. You agree to restrict access to the equipment to only our authorized personnel. During the
term of this Agreement, you agree not to permit others to make alterations, additions, adjustments,
repairs, or replacements to the equipment.
If any of the 'following conditions occur: an operational problem, an equipment malfunction, a
dangerous condition, or there has been an accident, you, shall immediately no6fy us. In,the event of an
accident, we shall be notified in writing within 24 hours of the incident. Until we correct the problem,
you agree to remove the unit from service and take all necessary precautions to prevent accidents or use
of the unit, This notice requirement is to be strictly construed and any failure to comply with the
requirements will serve to hold you liable for any damages or injuries resulting therefrom.
1. TERMS AND CONDITIONS
We will indemnify and hold you harmless for losses due to personal injury or property damage to the
Muter MaintmMee Agrmmrmt 4o 7 Foem 5 14FM(6/01)
AUG 21 2002 14:21 FR OLIVER a WILLIAMS ELV323 478 2130 TO 14138327469 Faak� 18
MASTER MIIAINTENANC-
extent caused by our negligent acts or omissions during the performance of the work but not to the
extent caused by others. You agree to indemnify us under the same to and conditions.
We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control
including, but not limited to, acts of government, strikes, lockouts, labor disputes, fire, explosion, theft,
floods, water, weather, earthquakes, riot., civil commotion, war, repairs by others, exposure to excessive
heat vandalism, misuse, malicious mischief or acts of God, Notwithstanding any other agreement or
provision to the contrary, under no, circumstances will either party be liable for any indirect, special or
consequential damages of any kind. We shall not be liable for removal or disposal of hazardous and
waste fluid or inaterials or for any environmentaVecological reporting, testing cleaning or rehabilitation
dictated by any agency or party for any reason. If such action is required flom us by a third party they
shall be paid for by you.
While this Agreement is designed to reduce wear and prolong the useful life of such equipment, we
make no representation that such equipment will not breakdown or malfunction, and you agree to hold
us harmless from any such event or action arising therefrom.
Any purchase order issued by you in connection with this Agreement is deemed to be issued for your
administrative or billing identification purposes only. The terms and conditions contained herein, shall
exclusively govern the services to be provided hereunder, and this Agreement may not be changed,
modified, revised or amended unless in writing and signed by you and our authorized representative,
In the event of sale, lease or other transfer of the equipment, or the premises in which they are located,
or a change in the paying party, you agree to see that such transferee or alternate paying party is made
aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the
Agreement term and subject to termination as herein provided, or you will otherwise be liable for the
full unpaid balance due for the unexpired term of the Agreement. We may at our sole discretion,
terminate this Agreement with any such successor at any time upon thirty (30)days written notice, The
Agreement monthly price is a unit amount for the entire Agreement period subject to interest and
escalation adjustments.
Your failure,to pay any sum within sixty (60) days will be deemed a material breach. We may, at our
option, declare all, sums due or to become due for the unexpired term, immediately due and payable as
liquidated damages, but not as a penalty, and, until the same are paid, be discharged from further
obligations under the Agreement.
It is expressly agreed that the payment of all sums due hereunder, is a condition precedent to the
rendering of service, We reserve, at our option, the right to suspend or curtail service until all payments
due are made.
This Agreement is based on conditions prevailing under current labor agreements. In the event future
labor agreements or changes alter costs or restrict our ability to provide services hereunder, we shall
notify you in writing and thereupon, offer a modification to the Agreement to remedy the situation. In
the event we cannot agree on a revised Agreement, either party shall have the right to terminate this
Agreement upon expiration of ninety(90) days from the above notice.
All agreements and covenants contained herein are severable, and in the event any of them shall be held
to be invalid or unreasonable by any competent court, the Agreement shall be interpreted as if such
invalid agreements or covenants were not contained herein,
MwOr MAL"Mnmo Agroemmu 5 Of 1
Fam 514FM(6/D1)
AUG 21 2002 14:21 FR OLIVER & WILLIAMS ELV323 4?8 2130 TO 1413832?469 ON
MASTER IMAINTENANCE
j, AGREr=MENT,TERM F-AI41 B IT
This maintenance Agreement shall commence on u 11. 2002 and shall continue thereafter for a
period of five(5)years. Either party may terminate this Agreement either at the end of the first
five(5)years or at the end of any subsequent five(5)year period by giving the other party written notice
at leastu�nm-� 4ays prior to the end of the then current term,
K. AGREEMENi6f t Crt 1�
The Agreement Price is: Ow HuNymm Fowry AND N'0/'100 ($140.00) per month, payable
quarterly in advance upon presentation of our invoice.
L. PfUCE ADJUSTMZNT
The Agreement Price shall be adjusted at the time of any change in the labor rate paid to our field
employees. The Agreement Price will be increased or decreased by the percentage of increase or
decrease in the straight time hourly labor cost. Tice labor cost in effect on the date of this proposal was
S-57-68 per hour and is based on the following,: the straight time hourly rate paid by us to the mechanic
plus additional costs the we are obligated to pay on behalf of the mechanic. Such additional costs
include but are not limited to:fringe benefits, pensions, vacations, paid holidays, group life insurance and
social security taxes.
M. PAYWAT—S
You shall pay, in addition to the price,, any tax imposed upon us, our suppliers or you by any existing or
future law, statute, court decision, rule or regulation which is based upon or iticident to the transfer, use,
ownership or possession of the materials or equipment involved in the performance hereof or the service
rendered hereunder.
You further agree to pay a charge calculated from the date of invoice at the rate of 1.5 % per month, or
the highest legally-permitted rate, whichever is less, on any balance past due for more than thirty (3 0)
days, and for all collection costs (including, but not limited to attorneys' fees and court costs) incurred
by us to collect any unpaid amounts.
Mmter Mal0mmet Agmment 6 or
AUG 21 2002 14:21 FR OLIVER & WILLIAMS ELV323 478 2130 TO 14138327459 P.08/18,
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This proposal, when meted by you below a�ad approved
Or etms�t ixacc�ca�a�rnted
coasdtute the Agremc= U-% and all prior
are exp
eA. We do not waive Our rights under any existing Agreementand/Of CcntraO mil th'$
pmptau is My eac=tcd.
'IIIc QuoTATIoN is valid for WrwW(94)days from the pxoposal We.
Oliver and Williams Elevator company
Loa Angeles,CARFOMig 10
By;
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Account Manager
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CUSTOMt:R OL1V>`:R&WILW►tA5 C4EVATOR COMPANY
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JUL 24 2002 15:10 310 414 0911 PAGE.02