Thyssenkrupp Elevator Damage AssessmentTime and Material Proposal
320 Chestnut Building
Purchaser: New Hanover County Location: 320 Chestnut Building
Address: 102 N 4th Street Address: 320 Chestnut St
Wilmington, NC 28401 Wilmington, NC 28401 -4060
RE: Hurrican Damage Assessment - New Hanover County: Library, 320 Chestnut, Bellsouth, Judicial
Building
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September 21, 2018
- Thyssenkrupp will provide the necessary labor to provide a full elevator assessment for the units at the above referenced
location(s).Once surveyed, a formal proposal will be provided for the repair /replacement of the elevator in order to bring the units back
into service.
-This time and material proposal is not to exceed 4 hours of adjustor and team labor per building.
* *The not to exceed dollar amount for this proposal is $10,560.00 before taxes. This has been calculated at our standard team labor
rate of $660.00 /hr.
In exchange for thyssenkrupp Elevator's agreement to perform the work described above, Purchaser
agrees to pay thyssenkrupp Elevator for that work and all travel time at the hourly rate described below,
reimburse thyssenkrupp Elevator any additional applicable sums that thyssenkrupp Elevator is obligated
to pay its technicians in accordance with the collective bargaining agreement, reimburse thyssenkrupp
Elevator all parking and toll charges it incurs in connection with that work and travel, and pay thyssenkrupp
Elevator's charge for the materials it uses to complete that work.
Recommended by Service Technician: Miller, William
Mechanic Rate (Overtime): Six Hundred Sixty and 0 /100 Dollars $660.00 per hour
Team Rate (Overtime): One Thousand One Hundred Twenty Two and 0 /100 Dollars $1,122.00 per hour
Mechanic Rate (Premium): Three Hundred Seventy and 0 /100 Dollars $370.00 per hour
Team Rate (Premium): Six Hundred Sixty and 0/100 Dollars $660.00 per hour
2018 -2- 5761161 ACIA- 1GT4DUM I September 21, 2018
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Time and Material Proposal thyssenkrupp
In the event you have any questions regarding the content of this Proposal please contact me at +1919 2332557
We appreciate your consideration.
Regards,
Sam Thompson
thyssenkrupp Elevator Corporation
5995 Chapel Hill Rd Ste 101
Raleigh NC 27607
sam.thompson@thyssenkrupp.com 1+1919 2332557
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.
2018 -2- 5761161 ACIA- iGT4DUM I September 21, 2018
Time and Material Proposal
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, property
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 name thyssenkrupp Elevator along with its
officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's
liability and any excess (umbrella) liability insurance policy(ies). Such insurance
must insure thyssenkrupp Elevator, along with its officers, agents, affiliates and
subsidiaries for those claims and/or losses referenced in the above paragraph,
and for claims and /or or losses arising from the negligence or legal responsibility
of thyssenkrupp Elevator and /or its officers, agents, affiliates and subsidiaries.
Such insurance must specify that its coverage is primary and non - contributory.
Purchaser hereby waives the right of subrogation.
2018 -2- 5761161 ACIA- 1GT4DUM I September 21, 2018
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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.
aud cost,
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. Purchaser further agrees to waive trial by jury for all such
matters and disputes.
The rights of thyssenkrupp Elevator under this Work Order shall 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 shall 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 event Purchaser's acceptance of the work called for in this Work Order
is in the form of a purchase order or other kind of document, the provisions,
terms and conditions of this Work Order shall exclusively govern the relationship
between thyssenkrupp Elevator and Purchaser with respect to the work
described herein.
Time and Material Proposal thyssenkrupp
Acceptance
This proposal, together with the terms and conditions which are expressly made a part of this proposal and
agreed to, when signed and accepted by the Purchaser and approved by an officer or an authorized representative
of thyssenkrupp Elevator shall constitute exclusively and entirely the contract between the parties and all prior
representation or agreements, whether written or verbal, not incorporated herein, are superseded. No changes in or
addition to this agreement will be recognized unless made in writing and properly executed by both parties.
of Authorized Individual) (Signature of Branch Representative)
AC L l M - Q( -03) E Michael Boerner
J
(Print or Type Name)
Regional Director
(Date of Acceptance) (Date of Execution)
Please contact to schedule work at the following phone number
THIS INSTRUMENT HAS BEEN PRE - AUDITED
IN THE MANNER REQUIRED BY THE LOCAL
GOVERNMENT AND FISCAL CONTROL ACT.
2018 -2- 576116 1 ACIA- 1GT4DUM I September 21, 2018