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Project Agreement
Prepared for. -
David Gilman
President
Mobile 954410-3030
cardirialsouthern@aol.com
Cardinal Southern Builders
PO Box 643328.
Vero Beach, FL 32964
Cristelle Cay
North Hutchison island
FIRE SPRINKLER SYSTEM
Proposal Number Date Agreement Number 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: 772.232.2004 (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 Eiehty
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..............................................$37,090.00
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 followingwater 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 commonly found in this local area. The actual
water supply will be ottained 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 density requirements can be met using city supply/fire pump, as specified bove, as the primary
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APARTMENT UNITS NFPA 13R:
Design Criteria - Provide a .05 GPM per square foot for a maximum of (4) sprinkler 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 to spaced'symmetrlcally where -,possible, but ndt necessarily,synimetrical with lights,
A/C diffusers or architectui-al _ele'ments, ;Maximum. head spacing to be utilized; to:;reduce the number of heads
required. For compartments contairnng (2) or more sprinklers; calculations shall ,be provided to verify the
single operating sprinkler" criteria and'the multiple (2, 3, .or4) gperatirig sprinkler 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
out 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 0-123456 4
damage to the fire sprinklers and devices. Seller does not assume any resportsibility for the improper care and
maintenance of your fire sprinklers and systems.
INTERIOR HOSE PROTECTION:
Seller shall provide and install a hose piping for future hose racks supplied by a separate system riser. Hose
outlets shall be installed at columns.
Seller shall provide and install a tot
equipped with 100' feet of 1Y" fire
systems adjacent fire sprinkler cyst
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
of (_)• 1Y" 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).
in accordance with NFPA 13, latest edition. Fittings will be screwed,
e 10 where grooved at the option of the seller. Customer shall comply
:amrnended by manufacturer of CPVC piping. CPVC piping only to be
ad.
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The availability and price of the woWide steel and or plastic market can be extremely volatile. This proposal
has allowed for the escalation of mal erials over the next 30 days. Should the demand for materials required
for this project occur after the 30 day period, Seller reserves the right to assess the cost at the time of
fabrication, and odd the cost difforertial to the above pricing.
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HANGERS:
Necessary hangers in place to suppon sprinkler piping in accordance with NFPA#13, 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 furnisFj or install any material or additional hangers to improve the support of
the existing system of the building tgll 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 has been 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 stoppage.delays 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.
Customerto 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 responsibility to 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 AgreementNumber Page
123456-0016 5-20-21 0-123456 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 afterthe 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 fine.
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 IY2 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.
^PR EGA' Gk E6NT p
Proposal Number Date Agreement Number Page
123456-0016 _ 5-20-21 0-123468 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 PaymentIn 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 "is 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 Ionly after Seller has provided prior written approval.
Note: This proposal may be withdrawn by sellerif 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 $ERVICES.ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS AGREEMENT.
1. PAYMENT: As a 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 thislAgreement and4he entire Agreement amount shall be'oome 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 (i 5%) per month, or at the highest legal rate, Whichever is less. Any
standard goads that are either received at the Seiler warehouse, or delivered 6 `the Customer site,, that ere Later canceled or resumed by Customerare'subject to a
fifteen percent (15%) restocking fee. Any custom orders are subject to a one hundred percent (100%) restocklrig 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 performed.
4. INSTALLATIQN/SITE CONDITIONS: Seller will arrange for installation of the;equipment in accordance Mh specifications, drawings and instructions provided by
Customer, which specifications and drawings ere considered a part of this Agreement Customer shall provide Seller a safe working environment and unencumbered
access to all areas where work is to -be 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 fighting, heating,
ventilation and other working oondftioris to pemiit 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 shall 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, tlrrough no fault of,Seller, Seller cannot proceed with the
work within a reasonable time after delivery of the equipment and/or Seller's arrival at the work site, Customer shall pay Seller's actual expenses, including, but not
limited to, additional. service fees and any storage fees incurred by Seller in waiting to proceed or in ietuming to Customer's premises to perform the work. Customer
shall notify Seier of any cancellations forty-eight (46) hours in advance of any scheduled service call. Failure to so notify will result in.an additional service fee charged
to Customer. Customer shall secure and pay for any required building permits and govemmenlal fees,'Iloenses, antl 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 the event 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
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Proposal Number Date Agreement Number Page
123456-0016 5-20-21 0-1234.56 6
by Customer or for Customer by others, was not property represented in the drawing supplied to Seller, 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, Customer represents 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 io be done hereunder, complies with all applicable safety and work rules, OSHA
regulations, and other governmental and contractual requirements as to vmrking conditions.
6. TIME AND MATERIALS SERVICE WORK / CHANGE ORDERS: In the event that Seller is askedby 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 Seller on any physical security equipment specified on the Equipment list
attached hereto shall be warrented'fora period of one (1) year from the date the physical security equipment or. replacernent parts are installed by Seller. In no
event shall Seller have any obligation to make repairs, replacements or oorrec6ons required, in whole or In part, at; the result W (i) normal wear and'tear, (if)
accident, disaster or other event beyond the reasonable control orfault of Seller, (lit) misuse, fauitor negligence of or by 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 replacement parts such as, but
not limited to, water damage, power failure or electrical power surges, (A) use of the -equipment or replacement parts`supplied by the Seller in combination with
equipment at software not supplied by the Seller, or (vii) storage, treatment and/or us.e of the supplied products and equipment, including but not limited to, certain
plastic or APVC pipes, provided ,by the Seller` pursuant to project specifications or Scope of'work by the Customer°or a third parry in any way contrary to
Manufacturer's published care, handling, and'iristallation instructions and warnings. Any'installation, maintenance, repair, service, relocation or alteration to or of,
or other tampering W.1h'the equipment 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 Seller, shall immediately void and cancel ail warrehikwith respect to theaffected products.
PHYSICAL SECURITY - Notwithstanding the foregoing, and excluding inspections, equipment and labor provided by Seller on any physical security equipment
specified on the Equipment Itst'attached hereto shall be warranted for a period of .one (1)'year from the date the physical security 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 USE7. INDEMNIFICATION: Seller agrees to indemnify the Customer for losses due to
bodily injury, or property damage to the extent caused by Sellers 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 term 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 .$1,000,00D per occurrence and $2,000,000 general
aggregate, (b) Statutory woikers'.compe.nsaflon and employer's liability insurance for a limit of $1,000,1000 per occurrence, (C) Automobile liability covering bodily
injury end property damage with a combined single limit of $1000,000,per occurrence and (d) ExcesWirbrella Liability Insurance with a limit of $1;000,000 per
occurrence and $2,OD0,000 general aggregate. If Seller is performing services on Customer's site; Customer wnll be named as additional insured, under the
Commercial General. Liability policy only with respect to liability arising out of bodily injuryor property dam, a 6ut onlyto she eident resulting from the negligent
acts or omissions. of Seller or its willful misconduct arising out ofthe 'ongoing performance af'Its obligations under the contract . Seller does not waive its right to
subragatlon or provide copies of its policies, certified or otherwise nor does it provide endorsements,
8. FORCE.MAJEURE: Seller shall not be liable for any failure to perform or delays in installing or repairing equipment or systems, or foranyinteruption of any service
to be performed hereunder, or in the performance of an obligation hereunder as a result of an event beyond its reasonable Control, including, but not lirritted to,
strikes, Industrial disputes, fire, flood, acts of Odd, war, vandalism, riot, national emergency, acts of terrorism, embargoes or restraints, supplier default, supplier
default, extreme weather traffic conditions, order or other act of any govemrnentalagency, and shall not be required to supply any service to the Customer while
interruption of such service due to any such cause shall continue. Service.cdarges shall Cease until se'vice Is -resumed.
10. MUTUAL WAIVER OF DAMAGES: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR ANY
INDIRECT, LIWIDATED,,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, herein and to'the extent permi0ed by law, the aggregate liability of Seller to the
Customer, whether in contract, tort (Including, negligence), or otherwise will be limited tD,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 materiais'or substances to the proper governmental authorities.
Customer further agrees and acknowledges that title to, 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 Agreement and the treatment of Confidential Information herein.
Customer agrees to Indemnity and hold harmless Seller from 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.commercial 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 Aoquleifion 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 pracfrces, 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.