HomeMy WebLinkAboutProject Agreement<. p
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ACTP
Commercial
Project Agreement
Prepared for:
David Gilman
President
Mobile 954=410-3030
cardinalsouthern@aol.com
Cardinal Southern Builders
PO Box 643328.
Vero Beach, FL 32964
Cristelle Cay
North Hutchison Island
FIRE SPRINKLER SYSTEM
Proposal Number Date AgreementNumber Page
123456-0016 5-20-21 0-123456 2
By and Between
ADT Commercial LLC Cardinal Southern Equities
3150 NW 42"d Ave
Palm City, FL 34990
Office: 772.232.2001
Fax: 772.212.2004 (Hereinafter "Customer")
(Hereinafter "Seller")
Installation and / or Service Location: Dist. # 016 Stuart Florida
OUR PRICE FOR THE FOLLOWING SCOPE OF WORK: $81,683.00 (Eighty One Thousand Six Hundred Eighty
Three Dollars)
OUR PRICE INCLUDES THE FOLLOWING AS MORE PARTICULARLY DESCRIBED IN THE STATEMENT OF WORK
ATTACHED HERETO: Install a wet type fire sprinkler system in 2 Four story residential buildings with Parking
garages on the first floor. We will start at a flanged outlet (by others)1'-0" above finished grade. No
underground supply piping is included. The garages will be installed from code NFPA #13 and the residences
will be installed from NFPA #13R.
Breakdown as follows:
Sailfish Building ..................... :..................... ...$37,099.00
Mahi-Mahi Building., ..................................... $44,584.00
Total-................................................................................................................$81,683.00
This proposal is based upon fire sprinkler system layouts performed by Seller. These layouts, design are
intended to meet the requirements of NFPA 13R, and the local fire department for the details, design criteria
and scope of work stated herein.
Customer acknowledges that the seller's price includes the fire sprinkler work to be installed from the
drawings as prepared by Frank Snedaker Jr. Architect. The shop drawings shall be signed and sealed by the
engineer of record for approval and submittal to the fire department.
Specifications sections were not included.
RECEIPT OF ADDENDA
None received.
TYPE OF SYSTEM:
Seller proposes to install a fire sprinkler system protecting approximately 52,000 sq. ft. The occupancy of the
facility is understood to be Residential.
Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-123456 3
WATER SUPPLY:
This proposal is based upon the following water supplies: Static 55, Residual 45, Flow 1100.
Therefore, should the water supply as recorded above vary in quality or quantity (pressure or GPM) after.the
test date as specified above, the seller shall not be responsible for any additional work necessitated by the
change in conditions. Seller has no control over public water supplies and cannot guaranty that test results
will remain valid for any given amount of time.
The above water supply is -based on the average water supply commonlyfound in this local area. The actual
water supply will be attained after the contract is signed and could take two to three weeks to confirm.
SPRINKLERS:
Wet pipe, system of automatic fire -sprinklers to be installed throughout. The systems specified herein are to
be hydraulically designed per the requirements of NFPA standards. Hydraulic calculations shall be provided to
prove that full densityrequirements can be melt using city supply/fire pump, as specified above, as the primary
supply. �i`r t t O��w o- vl �i` c5 ` f'
APARTMENT UNITS NFPA 13R: f
Design Criteria _ Provide a .05 GPM per square foot for a maximum of (4) sprrinkler heads designed within a
compartment and shall be in accordance with sprinkler listing, with white semi recessed_in the units and in the
common areas Heads tospaced symmel Ically whererpossi41e but not necessarily symmetrical. With hgi ts,
A/C diffusers or architectuial elements Maxlrnum head. spacing to be,utiized,to,red'iace the: number, of heads
required. Foi' compartments containing (2) or rriore sprinklers, ;calculations shall be provided to verify the
single operating sprinkler criteria: and the `'multipl:e (2; 3,o'r 4) operating sj�rinkler criteria,
Heads are specifically excluded in bathrooms less than 55 sq. ft. The Customer is responsible for providing a
minimum 15-minute, thermal barrier behind all fixtures in accordance with NFPA standards. The shower or tub
does not constitute a thermal barrier.
Heads are specifically excluded in clothes, linen or pantry closets less than 24/12 sq. ft. in accordance with the
Life Safety Code.
Piping to be run in the "attic" areas. between floors and be concealed above the ceilings.
QUALITY CONTROL
The (Customer, general contractor, other) is advised that the fire sprinkler technology of today has enhanced
our ability to provide a high tech product to you the (or to your) customer.. These products are manufactured
in such a way that, if maintained improperly, they increase the level of responsibility, financial.risk and
exposure for you the (or your) customer.
We provide this statement because care must be exercised in the maintenance of your sprinkler systems.
Please review the material submittals and data sheets we have provided on these products and devices.
During any routine maintenance, follow the manufacturer's care and maintenance instructions to prevent
Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-1234456 4
damage to the fire sprinklers and devices. Seller does not assume any responsibility for the improper care and
maintenance of your fire sprinklers and systems.
INTERIOR HOSE PROTECTION:
Seller shall provide and install a
outlets shall be installed at colu
Seller shall provide and install a total
equipped with 100' feet of 1Y" fire h
systems adjacent fire sprinkler systei
STANDPIPES:
Not included
FIRE PUMP:
Not included.
SYSTEM COMPONENTS:
All piping to be black steel and fitting
welded or grooved pipe to be schedi
with compatibility requirements as r
installed in areas as listed and appro
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The availability and price of the woi
has allowed for the escalation of mi
for this project occur after the 30 do
fabrication, and add the cost differ4
piping for future hose racks supplied by a separate system riser. Hose
of (_ ) lYz" fire hose stations. Each station shall be a pin rack type unit
ose and nozzle. Hose station piping shall be supplied from (separate
n piping rack system supply piping).
s in accordance with NFPA 13, latest edition. Fittings will be screwed,
ile 10 where grooved at the option of the seller. Customer shall comply
!cornmended by manufacturer of CPVC piping. CPVC piping only to be
red.
'wide steel and or plastic market can be extremely volatile. This proposal
?rials over the next 30 days. Should the demand for materials required
period, Seller reserves the right to assess the cost at the time of
gal to the above pricing.
HANGERS:
Necessary hangers in place to suppoit sprinkler piping in accordance with NFPA 913, latest edition. Seller shall
not be required to furnish or install any material or device to improve the structural strength of the building to
enable it to bear the load of the fire protection system. Powder driven studs are to be used. No drilling for
post tension slabs is included.
Necessary hangers in place to suppo sprinkler piping. Seller shall not be required to provide any engineering
or materials to improve the structur I system supporting the roof to accept the additional load imposed'by the
weight of the sprinkler system.
Seller shall not be required to furnis or install any material or additional hangers to improve the support of
the existing system of the building t enable it to bear the load of the fire protection system.
Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-123456 5
ALARM DEVICES:
Seller shall provide and install necessary flow and tamper switches with wiring to be provided by others.
Monitoring of the fire protection system is not included within this proposal.
CITY WATER CONNECTION, BACKFLOW.PREVENTION, UNDERGROUND SUPPLY, FIRE DEPARTMENT
CONNECTIONS, FIRE HYDRANTS:
Excluded, to be provided by others. ADTC to start 1' above finished floor.
FIRE DEPARTMENT CONNECTIONS:
Included as required
HYDROSTATIC TESTING:
Included as required by code
WORKING CONDITIONS:
This proposal is based upon the installation being made from finished, poured concrete floors, during normal
working hours and days. No "off -hours" premium cost, or overtime hasbeen included.
This proposal is contingent upon an acceptable written schedule provided to Seller. Industry standard
sequence of construction is anticipated. Any changes to the schedule, work stoppagedelays caused by others
or circumstances beyond its control may result in additional charges for acceleration, increased manpower.or
overtime required to maintain any such changes.
Customer to provide adequate space between the bottom of the structure and the proposed ceiling height for
mechanical trades_
1. Work is to be performed during regular business hours: 7:00 am — 3:30 pm, Monday — Friday.
2. Access and security to be provided by "Customer" while crews are present on site.
3. This price is based on mobilizing one (1) time to complete all of the above work.
4. Customer shall provide Seller a safe working environment and unencumbered access to all areas where
work is to be performed.
5. All over head work to be scheduled to allow time for any new racks or ground elements to be installed.
6. This proposal is based on the fire sprinkler system being out of service for the duration of the work to the
sprinkler system. It is the Customer's/Building Customer's responsibilityto make arrangements with the
management company, building Customer, insurance company and fire department to provide fire watch
as required.
DRAWINGS
Architectural and structural drawings shall be used for building construction, dimensions and for specific
locations. Customer shall provide a copy of all drawings in AutoCAD format free of charge.
Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-123466 6
CLEAN UP
This scope includes the general cleanup of the debris created by the seller's own forces. It is understood that the
bid documents did not address any other type of cleaning arrangements for the job site. Subsequently, seller
shall not participate in any cleaning arrangements derived after the bidding of this project.
This scope includes the general cleanup of the larger debris created by the seller's own forces. This does not
include vacuum cleaning, dust and smaller debris. Customer should anticipate that there will be additional
cleaning necessary.
PERMITS:
This proposal includes the necessary cost of required permits.
TAXES:
This proposal includes the use, occupational and sales taxes applicable.
REFERENCE STANDARDS:
NFPA #13 Sprinkler Systems
NFPA#13R Residential Sprinkler Systems
PAYMENT / PERFORMANCE BOND
This scope has not allowed for the provision of a Payment / Performance Bond. See alternate below should the
bond be required.
ITEMS NOT INCLUDED WITHIN THIS PROPOSAL:
1. The city water connection, impact fees including any backflow device, metering device, pit, etc. to the
property line.
2. Underground piping
3. Adequacy of water supply.
4. Water for testing. It is assumed that the water supply will be connected and available to fill and drain
the systems for testing as necessary. Should water not be available, Customer to provide water for
testing with water truck with adequate pressure and quantities necessary for testing.
5. Patching, painting or repair of concrete or drywall removed during repairs or install is excluded from
this proposal.
6. Performance and Payment Bond (may be provided at 1'/:% of contract price).
7. Alarm supervision, central station alarm service, and enunciator system.
8. Electrical wiring, electrical devices, electrical work of any nature.
9. All fire extinguishers and extinguisher cabinets.
10. Any other wet or dry fire protection not specified within this proposal.
11. Use of domestic. materials
12. All work is to be performed during normal business hours, Monday - Friday.
PR4� � •°GR E 6N ' . Y
Proposal Number Date AgreementNumber Page
123456-0016 5-20-21 0-123456 7
13. If permitted we have included one inspection with the fire department. Any additional time required to
meet fire department requirements will be a change to this proposal.
14. No material will be ordered or design/engineering performed until is in receipt of an approved
agreement or purchase order.
Terms of pavment in accordance with below or as in accordance with the terms and conditions:
Payment to be made in monthly progress payments, upon receipt of invoice. A 1 % monthly late fee will be
added to invoices paid 30 days or over.
This proposal and payment terms are subject to our standard general terms and conditions and acceptance by
our credit department.
This price pis based on a contract similar to a standard AIA subcontract. In addition, this proposal or the scope
of work and exclusions shall become an attachment to any mutually agreeable subcontract signed by Seller.
Any additional requirements to be provided, in accordance with this Proposal, as directed by the Customer
shall be adhered to and performed by Seller only after Seller has provided prior written approval.
Note: This proposal may be withdrawn by seller if not accepted within thirty (30) days.
PROJECT AGREEMENT GENERAL TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND, SELLER FOR THE GOODS AND
SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT. THESE TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO ANY
PURCHASE ORDER ISSUED BY CUSTOMER AS IF EXPRESSLY SET FORTH THEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS
CONTAINED IN CUSTOMER'S PURCHASE ORDER OR IN ANY OTHER DOCUMENT SHALL BE DEEMED OBJECTED TO BY SELLER AND SHALL BE OF
NO FORCE OR EFFECT.
THE PARTIES EXPRESSLYAGREE THAT MONITORING SERVICES.ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS AGREEMENT.
1. PAYMENT: Asa condition of performance, payments are to be.made. on a progress basis as follows: Customer will pay NET 30 upon invoice from Seller. The
Customer will promptly pay invoices within thirty (30) days of invoice date. Should a payment become thirty,(30) days or more delinquent, Seller may stop.all work
under this Agreement without notice and/or cancel this Agreement and'the entire Agreement amount shall be'coim due and payable Immediately upon demand.
A finance charge will be added to past due accounts at the rate of orie'and'one-half percent (1.5%) per month, or at the highest legal rate, whichever is less. Any
standard goods that are either received at the Seiler warehouse, or, delivered to the Customer 'site, that areiaterpanceled or retumed by Customer are subject to a
fifteen percerit (15%0) restocking. fee. Any custom orders are subject to a one hundred percent (100%0) restocking fee.
2. TAXES: The Customer shall be responsible for all taxes applicable to the work and/or materials hereunder.
3. WORK HOURS: Seller will perform all work during normal business hours: Monday through. Friday, 0800 am. to 1700 p.m Any requests for work to be performed
outside normal business hours will be billed at Seller premium -rates in effect at the time the Work is peiforined.
4. INSTALLATIOWSITE CONDITIONS: Seller will arrange for installation of the equipment in accordance with specifications, drawings and instructions provided by
Customer, which s066ifications and "Wing's a ' considered a part of this Agreement Customer shall provide Seller a safe working environment and unencumbered
access to till areas where work is to ba performed. Customer acknowledges that Seller's service personnel have been, instructed not.to perform any .work in
hazardous locations until working conditions have been made safe, as determined in the service personnel's sole discretion, and it is the responsibility of the
Customer to take any measures Necessary to eliminate such hazards before the work may proceed. Customer shall provide reasonably adequate righting, heating,
ventilation and other working conditions to permit safe and proper installation, Suitable foundations, wall openings, curbing holes, pits, tunnels, culvert piping, grouting,
surrounding masonry -and concrete, canopies and architectural enclosures,. and sun screens shell be constructed by others at Customer's cost Customer shall also
provide at its own expense the power and lighting that is required for proper operation of the equipment. if, Crrough no fault of Seller, Seller cannot proceed with the
Work within a reasonable time after delivery of y g the equipment andy/or S elks arrival at the work site, Customer shall pay Seller's actual expenses, including, but not
limited to, additional service fees and an 'stora a fees"Incurred b Seller in waiting to proceed or in retuming to Customer's premises to perform. the work. Customer
shall notify Seller of any cancellations forty-eight (48) hours in advance of any scheduled service call. Fallure to so notify will result in an additional service fee charged
to Customer. Customer shall secure and pay for any required, building permits and governmental fees, llcenses; and inspection necessary for the proper execution and
completion of the installation of the equipment which are legally required at the time that the installation is done. Customer shall give all notices and comply with all
laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work In thwevent that Seller is required, In connection
With the Installation of the equipment, to do additional work either because .Customer did not prepare the job site,. or because the drawings, wiring, or other work done
Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-123456 8
by Customer or for Customer by others; was not properly represented in the drawing supplied to Seiler, Seller shall have the option of doing the additional work required
to complete the job, and will charge Customer at Seller's current prevailing rates for such work, or, of abandoning the installation and being paid in full by Customer
upon demand therefore. Any additional amounts so charged shall be due within ten (10), days of receipt of invoice by Customer. Customerrepresents to Seller that it
has an interest in the real estate on which the equipment is to be installed and that has the authority to and hereby authorizes Seller to do the work as provided in this
Agreement. Further, Customer warrants that the job site at which the installation work 6 be done hereunder, complies with all applicable safety and work rules, OSHA
regulations, and other governmental and contractual requirements as to working conditions.
5. TIME AND. MATERIALS SERVICE WORK / CHANGE ORDERS: In the event that Seller is asked by Customer to perform additional work, e.g., on a time and
materials basis or per change order, during the term of this Agreement, and such work is outside the scope of work contemplated herein, the Customer
understands and agrees that any such work will be performed by Seller pursuant to the terms and conditions contained herein and at Seller rates in effect at the
time the work Is performed.
6. WARRANTIES: Any equipment provided by the Seller will be warranted for a period of one (1) year from the date the equipment or replacement parts are
Installed by Seller. Notwithstanding the foregoing, equipment and labor provided by Seiler on any physical security equipment specified on the Equipment list
attached hereto shall be warranted for a period of one (1) year from the date the physical security equipment or. replacerient parts are installed by Seller. In no
event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, at the result of (I) normal wear and tear,..(ri)
accident, disaster or other event beyond the reasonable control or fault of Seller; (111) misuse, fault or negligence of orby' Customer or anyone other than Seller (iv)
use of the equipment or replacement parts in a manner for which they were not designed, (v) causes external to the equipment or'replaeement parts such as, but
not limited to, water damage, power failure or electrical power surges, (vt) use of the equipment or replacement parts.supplied by the Seiler in combination with
equipmIantor software not supplied by the Seller,_ or (vii) storage, treatment and/or use of the suppiied'produots;and equipment, including but not limited to, certain
plastic or CPVC pipes, provided by the Salter pursuant to project specifications or Scope of work by the Customer or a third party in any way contrary to
Manufacturer's published care, handling, and installation instructions and warnings, Any "installation, maintenance, repair, service, relocation or alteration to or of,
or other tampering with the equipmenF or replacement parts performed'by any person or entity other than Seller without Seller's prior written approval, or any use
of replacement parts not supplied by Seiler, shall immediately void and cancel all warranties with respect to the affected products.
PHYSICAL SECURITY - Notwithstanding the foregoing, and excluding inspections, equipment and labor provided by :Seller on any physical security equipment
specified on the Equipment list attached hereto shall be warranted for a period of :one (1) year from the date the physical aecuray equipment or replacement parts
are installed by Seller.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN CONNECTION .WITH THE SERVICES
PERFORMED AND EQUIPMENT PROVIDED HEREUNDER, AND ARE IN LIEU .OF ALL OTHER WARRANTIES OF ANY KIND, WHETHER .EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USEf, INDEMNIFICATION: Seller agrees to indemnify the Customer for losses due to
bodily injury, or property damage to the extent caused by Seller's negligent acts or omissions, or the negligent acts or omissions of its employees, agents and
subcontractors during the performance of this contract, but not to the extent caused by others,.
8. INSURANCE: Seller agrees to maintain the following insurance during the farm of the Agreement with limits not exceeding the stated amounts: (a)
Comprehensive General Liability insurance covering bodily Injury and property damage with a limit of .$1,000,000 per occurrence and $2;000,000 general
aggregate, (b) Statutory workers' .compensation and employer's liability insurance for a limit of $1,OOQ000 per occurrence, '(c) Automobile liability covering bodily
injury and property damage with a combined single limit of $1 000p00.,pei occurrence and (d) ExceaWmlirella Liability Insurance with a limit of $t;000,000 per
occurrence and $2,000,000 general .aggregate. If Seller is performing services, on Customer's site, Customer'Wil be named as additional insured under the
Commercial General. Liability policy only with respect to liability arising out of bodily injury or property damage but only to the extent resulting from the negligent
acts or omissions of Seiler or Its willful misconduct arising out of the. ongoing perfaimance of its obligations under the contract.. Seller does not waive its right to
subrogation or provide copies of its poilctes, certified or otherwise nor does it provide endorsements.
9. FORCE MAJEURE: Seller shall not be liable for any failure to perform or.delays in installing or repairing equipment or systems, or for any interruption of any service
to be performed hereunder, or in the performance of an obligation hereunderas'a result of an event beyond its reasohable control, including, but not limited to,
stokes, industrial disputes, fire, flood,,acts of God, war, vandalism; riot national emergency, acts of termiism, embargoes or restraints, supplier default, supplier
default, extreme weather traffic conditions, order or other act of any governmental agency, ant! shall not be required to supply any service to the Customer while
interruption of such service due to any such cause shall continue: Service charges shall cease until service is resumed:
10. MUTUAL WAIVER OF DAMAGES:_ NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR ANY
INDIRECT, LIQUIDATED, CONSEQUENTIAL, SPECIAL OR ECONOMIC LOSS, COST LIABILITY, DAMAGE -OR EXPENSES HOWSOEVER ARISING,
WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN PART OR IN WHOLE.
11. LIMITATION OF LIABILITY: Notwithstanding anything to the contrary.y herein and to the extent permitted by law, the aggregate liability of Seller to the
Customer, whether in contract, tort (including negligence), or otherwise will be limited to .one (1) times the contract value, provided however the foregoing does not
limit the liability of Seller for any injury to, or death of a person, caused by the gross negligence of Seller.
12. ENVIRONMENTAL: Customer agrees and acknowledges that Customer shall be solely responsible for all costs, expenses, damages, fines, penalties,
claims, and liabilities associated with or incurred in connection with hazardous materials or substances: upon, beneath, about ,or inside Customer's equipment or
property, and Customer shall be solely responsible for reporting the presence of said hazardous matodals;or substances; to the proper governmental authorities.
Customer further agrees and acknowledges that titleto, Customership of, and :legal responsibility and liability for any and all such hazardous materials and
substances at all times shall remain with Customer and that Customer shall be solely responsible for the removal, handling, and disposal of all hazardous
materials in accordance with all applicable governmental regulations.
13. EXPORT COMPLIANCE: Customer hereby represents and warrants that it will comply with the requirements of all applicable export laws and regulations,
including but not limited to the U.S. Export Administration Regulations, in the •performance of this Agree ierlt and the treatment of Confidential Information herein.
Customer agrees to Indemnify and; hold harmless Seller iron any costs, penalties, or other losses caused by, or related to, any violation or breach of the
representations and warranties in this provision. This provision shall survive any termination or expiration of this Agreement.
14. COMMERCIAL ITEMS: Seller agrees only to perform a contract for the sale'of a"oommerclal item on a fixed -price or time and material basis. The components,
equipment and services proposed by Seller are commercial items as defined by the Federal Acquisition Regulations ("FAR) Part 2, and the prices in any resulting
contract and In any change proposal are based'on Sellers standard commercial accounting policies and practices, which do not consider, and will not meet, any
special requirements of U.S. Government cost principles and procedures under FAR or similar procurement regulations.
Proposal Number Date Agreement Number Page
123456-0016 5-20-2.1 0-123456 9
16. GENERAL: (a) This Agreement, and the Scope of Work,, constitutes the entire Agreement between Customer and Seller and "supersedes all prior written and
oral agreements in relation to the work contemplated under this Agreement. (b) No amendments, modifications, or supplements to this Agreement shall be binding
unless in writing and signed by both parties. (c) Any rejection of goods for being nonconforming under the requirements_ of this contract must be made by the
Customer by sending written notification to Seller of the rejection within fifteen (15) days after their delivery. Such notification shall state the basis of the alleged
nonconformity of the goods and the description of that portion of the shipment being rejeeted. (d) This Agreement shall not be In effect or binding upon Seller until
signed by its duly authorized representative. (a) Customer may not assign its rights or delegate its duties hereunder without.the specific, written consent of Seiler.
16. GOVERNING LAW: This Agreement shall be interpreted in and governed by the'laws of the State hi which the work is to be performed including all matters of
construction, .validity, performance and enforcement. Attorneys' fees and other legal costs may be assessed.. This Agreement may be executed in multiple
counterparts, each of which'shall, be deemed an original and of equal force and effect
17. COSTS AND ATTORNEYS' FEES: In the event that it shall become necessary for Seller to employ a collection agency or attorney to coiled unpaid charges
or any other sums Customer may owe hereunder, Customer shall be liable'to Seiler for Seller's "reasonable and necessity costs of collection and attorneys' fees
incurred in such collection activities. In the event of any other egal proceeding related to this Agreement, ttf6 prevailing party in'such'proceeding shall be entitled
to recover its costs and reasonable attorneys' fees from the other party.
18. SEVERABILITY: If any term, covenant, condition or provision of this Agreement, or.the application thereof to any circumstance, shall, at any or to any
extent, be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, the :remainder of this Agreement, or the application
thereof to circumstances other than those as, to which it is held invalid or unenforceable, shall not be affected thereby and each term, condition or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
19. SUBCONTRACTING: Seller shall have the right to subcontract,. In whole or in part, any installations and/or services, Including but Rot limited to, monitoring
services and/or limited Wariantylextended hmitetl warranty services which Seller may perform, Customeracinowledges that this contract and particularly those
paragraphs relating to Seller's limited liability, disclaimer of warranties, and third party indemnification, inure t. the benefit of, and are appl'icabie to, any assignees
andfor subcontractors with the same force and effect as they bind customer WSeller.
20. NOTICES: All notices under this Agreenentshall be in writing, signed, dated and sent by overnight courier or registered or certified U.S. mail, postage
prepaid, return receipt requested, to the parties at the addresses shown belom. Altchanges of address must be in writing and delivered as provided in this Section.
Notices are deemed given when deposited, as described above, with the U:S. 'M' Pit or 16 the 66emight receptacle.
21. IMPORTANT DISCLAIMER REGARDING SYSTEMS THAT'CONTAIN CPVC PIPING:
In.the event Customer's Sprinkler/Water Suppression System(s) contain any chlorinated polyvinyl chloride (CPVC) piping (referred to herein as'System(s) or
'existing System(s)"), Customer acknowledges that CPVC;piping is knovm to develop leaks and/or cause structural weakness if exposed to Incompatible.material,
improper storage, or installation not compliant with manufacturer's published Instructions. Customer further agrees'that ADT did not originally install Customer's
existing System(s). Customer further acknowledges and agrees that since,ADT did not design or install the'original, existing sprinklerlwater suppression System(s)
on the Customer's premises and that the integrity of any CPVC piping in the existing Systems) may have been compromised as a result of improper Installation
and/or exposed to, incompatible materials at the time of ttie.original design and Installation,. it would be unreasonable for ADT to provide any opinion about or for
u g y n9 y O 9 l p rto , the
Customer to hold ADT liable for the integrity and operability ,of the existi S stem s ..With regard to any re alig, or maintenance erformed on
S stem(§), ADT HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING AW WARRANTY OF MERCHANTABILITY',OR FITNESS
FOR A PARTICULAR PURPOSE as to the integrity of any service, repair and or.maintenance work. and the existing System(s) andfor the abllity of any
service, repair and maintenance andfor the existing Systems) to operate as Intended by the original designer and/or Installer.
22. CUSTOMER INDEMNITY:
Furthermore, if pursuant to the original design, specifications and/or installation of the existing System(s), any, service, repair and/or maintenance work requires the
service,, replacerent, repair andfor maintenance of the System(s), Customer agrees and understands thatADT will hold Customer harmless for any and all
damages or losses caused as a result of the service replacementtrepairst airier ante of the System(s). Based upon the understandings above, the Customer
hereby agrees to defend, Indemnify and hold ADT harmless from any and all liability for any losses or damages resulting from'the operation of the System(s) or
failure of the Systerri(s) to operate. Customer agrees.to look to the original installer, pipe supplier, manufacturer, or engineer, who designed and installed the
original System.(s) for any and all damages and losses incurred by the operation and/or the failure of the existing System(s) to operate.
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND C.ONDITIONS'GONTAINED HEREIN. AGREEMENT VALID UPON SIGNATURE qF ADT
COMMERCIAL MANAGER.
Proposed By:
Name Date
ADT Commercial -District Fire Sprinkler Sales Rep
Accepted By:
Andrew Fagan Date
ADT Commercial -District General Manager
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NOTICE OF COMMENCEMENT
Permit No. 19087 0214,1908 - 0215 Property Tax ID No. ."""z'°'ado'-°°°''"""'°'"°'°°°''°'°''
State of Florida, County of St. Lucie
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The Undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with
Chapter 713, Florida Statutes, the following information is provided in this Milo of Commencement.
Legal Description of property and address if available Very lengthy, property tax identification numbers are
1414 - 230 - 0009 - 0.004 and 1414 -.310 - 0001 - 000 - 3
General description. of improvements 21 condominium apartments in two buildings and .a swimming pool
Owner/lessee Cardinal Ocean Development, LLG
Address PO Box 643328, Vero Beach, FL.32964
Interest in property: Fee simple ownership
Fee Simple Title holder (if other than owner), .
Address
Contractor Cardinal southern equities, LLG
Phone # 954AI O-3030
Address do Cardinal southem construrtion.corp„ Po Box 643328, Varo Beach, FL 32964 Fax
Surety _
Address
Phone #
Fax #
Amount of Bond
Lender Construction Lending Services It, LLC Phone # .688 540 9009
Address 6 Avenue 8, Suite 350 Seattle, WA'96108
Fax #
Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided
by Section 113.13 (a) 7., Florida Statues:
Name David 'Gilman Phone # 954-410-3030
Address 4804.Atiantic Beach Blvd. N.., Hutchinson island FL 34949 Fax #
In addition to himself, owner designates
Phone#
Fax #
to receive a copy of the Lienor's Notice as provided in Section 713.13 (1) (h), Florida Statutes..E, piration data of notice of
commencement is one year from the.date of recording unless a different date is specified. WARNING TO OWNER:
ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OC THE NOTICE OF COMMENCEKM. ARE CONSIDERED IMPROPER
PAYMENTS UNDER C11.713.13, F.S., AND CAN RESULT IN, YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY -BEFORE COMMEND d W OR. RECORDING YOUR NOTICE OF
COMMLrNCMENT. 44 biw*�4 4 (9 C-e,t-It9 V G[,, L- 4 c—
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or Owner% or Lessee's
David D. Gilman, Pre§.
State of Florida, County of hrvrn e (
Acknowledged before we this I?— , day of OAr 20. 2.4 by 1, V)�
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who its personally known to me or who has produced i -11C?f S C P Iti.SC . as
J L'
Signature of Notary Type or Print Name of Notary oo*"h (SWRy Kbric State of Florida
Susan M Lorenz
Title: NotaryPublic Commission Number My an
Gc 22e617
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