6-064 Sprinkler Contract 2011-06-30
C)6'-6 L/6'!1 (~/~e)7N~iT Hvt: ExT L~v'{ 'i Chubb A UTC Fire & Security Company 32 Char Drive Westfield, MA 01085 Tel 413,568-4709 Fax 413,5627298 WW\'\I,chubbfs .com 11,1/-\ SC#5864.
CT FRP#OQ40818-F1 A UTC Fire & Security CmnpanyRI FPM#374, MA FA#607C, RI FA#9065 CI lLC# I 059 I June 16,201 I Andre Korchevskiiy 235 Woodland Way Russell MA 01071 Attn: Andre Korchevskiiy
Re: Beaver Brook Condominium Subject: Automatic Fire Sprinkler Quotation Chubb, a UTe Fire & Security Company offers a full line of fire protection services, In<,tallation and repairs
of lIre sprinkler & lire alarm systems, tenant flt-outs, build projects. NFPA inspections and 24-hour emergency service are all provided by Chubb. These services are available througbout
the Southern New England We arc pleased to offer our quotation in the amount of $70(}O.f}() (Seven Tlwll,~al1(f l)allar~) to install the aulomat.ic tire sprinkler system at the above
referenced prqject A. Our quotation is ba'ied on the following scope of work: I. Plans & Spec's as per Home Design Alternatives Dated 3/(196 2. Adequate water supply 3, Residential sprinklers
installed throughout. 5. Plans to be reviewed by local authority havingjurisdiction, 6, All work and material will be in accordance with ~FPA UD, 2002 edition 7, Installing whit" concealed
sprinklers first floor and brass sprinkler on steel pipe in the basement. 8. Adequate heat in all areas containing sprinkler pipe. 9. The piping fjx the first floor will be installed
above the hottom cord ofthe attic trusses. Your insulation contractor will be responsible to cover the piping to allow the heat from below 10 radiate up and protect the piping from !l
INCLUSIONS: 1 . Permil fees 2. Comprehensive general I iab; lit)' insurance 3. Shop 4. Water flow & tamper switches by othersj 5, Hydraulic calculations 6. Approvals from the authority
having jurisdiction. Exclu"ions: a. Insulation b. Utility or alarm company fees c. Fire walch Page 1 of 5 C
d. Control wiring c. Electrical wiring or alann connections to centTal monitoring station I: Painting Cutting or h. Hose racksi cabinets i. Fire extinguishers J. Sprinkler protection
in any other area k. Premium portion of overtime labor I. Bond premium (available upon request) m. Fireproofing/firestopping n. Excavation, backfill. dewatering or shoring Thrust blocks
p. Equipment handling of undcrground pipe and fittings q. Concrete work r. Testing and flushing of underground piping installed by olhers s. Fire pump 1. [:xterior piping u. Backtlow
PrevelHer v. Cutting ofceilings to accommodate sprinklers w. Seismic bracing x. Structural load bearing analysis Chubb Fire & Sel:urity, LLC. an open shop. We have 11gured this project
at our usual rates for mechanics and will the work with our own people. This quotation is contingent upon a l:redit check of the General Owner. and/or the funding. Due to the uncertainty
of material 'NC will be unable to honor this quotation after ten (10) days. SALES AND SERVICE AGREEMENT GENERAL TERMS AND CONDITIONS THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN ALL
TRJ\NSACTIONS BEnNEEN 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 CONTAINE'D IN CUSTOMER'S PURCHASE ORDE'R OR IN ANY OTHER DOCUMENT SHALL BE
DEEMED OBJECTED TO BY Seller AND SHALL BE OF NO FORCE OR EFFECT. THE PARTIES EXPRESSLY AGREE THAT MONITORING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS AGREEMENT. 1. PAYMENT:
The Customer will promptly ,nvoices within thirty (30) days of invoice date Snould a payment become thirty (30) days or more de!lf1quent, Seller may stop work under thiS Agreement without
notice andlor cancel this Agreement, and Ih., entire Agreement amount shall become due and Immediately upon demand, A. finance charge will be added to past due accou'1ts at the rate
of one and and one-half percent per month. or at the h,ghest legal rate. which.,ver is less Any standard goods that are either received at the Seller warehouse, or delivered to the Customer
Site. that are later carceled or returned by Customer are subj ect to a fifteen percent (15%) restocking fee ..A.ny custom orders are subject to a one hundred percent (100%) restocking
fee 2. TAXES: Tne Customer shail be responSible for all taxes applicable to the work andior materials hereunder 3, WORK HOURS; Seller will perfmm all work dwing normal busmess hours:
Monday thrm;gh a.m. to 3:30 pm Any requests for worl< 10 be performed outs,de normal business hours will be billed at Seller premium rates in effect at llme the work IS performEXl 4.
INSTALLATION/SITE CONDITIONS: Seller will arrange for instailation of the in accordance with spec'Dcallons, drawings and instrdctlO,'lS provided by Customer, which specifications and
drawings are a part of this .li,greement. Customer shali prOVide Seller a safe working erwironrnent and unencumber.,d access to all areas where work is to be pwformed. Customer acknowledges
that Seller's service personnel have been instructed not to any work in hazardous locations until workmg conditions have been made safe. as determined m the service personnel's sole
and it IS the of the Customer to take any measures necessary to eliminate such hazardS before the work may proceed. Customer prov,de reasonably adequate lighting. heallflg, ventilation
and other worl<ing conditions to permit safe and proper Installation. SUltab!e foundations, wall openmgs, curbing holes. pits. tunnels, culvert p,ping, grouting, masonry and concrete,
canopies "lnd architecli)r(;!1 enclosures. and sun screellS shall be constructed others at Customer's cost shall also proVide at its own expense the power and ttlat is required for operation
of If. through no fault of Selier, Seller cannot proceed with the work within a time after de!lvery Of equipment and/or arrival at the work site. Customer shall pay Seller's actual including.
but not limited to additional serVice fees and any storage fees :ncurrEXl by Selier ill to proceed (If in returning to premises to perform the worl< Customer shall notify Seiler of any
cancellations forty·eight (48) in advance of any scr,eduled service call. Failure to so notify wdl result in an add,tlona! service fee charged to Customer Customer shall secure and pay
for any required bUilding permits and fees. Ircenses, and inspc-ction necessary for the proper execution and completion of the Installation of Ihe equipment which are reqUired at the
lime that the installation ,s done. Customer shall give all no/ices and with al! laws, ordinances. rules. regulations and lawful orders of any public authority bearing on the performance
of the work tn the everlt Seiler is required, trl connection With the Installatior. the Page 2 of 5
equipment, to do additional work e,ther because Customer did not prepare the job site, or because the drawmgs. wmng, or other war!<. dOfle by Customer or for Customer by others, was
not properly represented in the supplied to Seller, Seller shall have the option of doing the additional work to com plele the Job, and wiil charge Customer at current prevailing rates
for such work. or, of ,n~r"'"'''"'1,n artd being paid in full by Customer upon demand therefore Any additional amounts so charged shall be due within ten days of receipt of invoice by
Customer Customer represents to Seller that it has an interest in the real estate on wh,ch the equipment is to be installed and that has the authority to ar>d hereby authorizes Seller
to do the work as prov,ded In this Agreement Further. Customer warrants that the Job site at which the installation work to be done hereunder with all applicable safety and work rules,
OSHA regulations, and other governmental and contractual reqUirements as to working !:o"<iil"or,,, 5. TIME AND MATERIALS SERVICE WORK: In the event that Seller is asked by Customer perforrn
service work or> a time and materials basIs during the term of this Agreement, and such work is outside the scope of work contempiated herein, the Customer understands and agrees that
any such time and materials work will be performed by Seller pursuant to the terms and conditions contained herein 6, WARRANTIES: INSPECTION WARRANTY· Selier makes no warranty, express
or implied, ,n connection with any inspections services prOVided hereunder. SERVICES WARRANTY Eor ail other services, including those provided on a time and materials basis, and excluding
Inspection services, Seiler warrants that the services provided hereunder will be performed i:1 accordance with generally accepted indust.; standards and practices. In the event that
any services fail to comply with the f0lego;ng standard withm one (1) year from the date services are completed, Seller wlil re· perform the non-complying services at no additional charge.
pr~ODUCTS/REPLACEMENT PARTS WARRANTY· Any eqUIpment or replacement parts 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 Seiiel. In no event shall Seller have allY obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (I) normai wear
anzJ U'!ar. (ii) accident disaster or other event beyond the reasonable control or fault of Seiler, (i;i) misuse, fault or negligence of or by Customer (iv) use of the equipment or replacement
paris 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 electncal power
surges or (VI) use of the eqUlprne;'t or replacement parts supplied by the Selier in combination with equipment or software not supplied by the Seller Any instailation, maintenance,
repair, service. relocation or altelation to or of. or other tampering with 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 Selier, sila!' Immediately void and cancel all warranties With respect to the affected prociucts. THE FOREGOING WARRANTIES
ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SEILER IN CONNECTION WITH THE SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER, AND ARE IN LIEU OF AU OTHER WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITIEN. WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USE. 7. INDEMNIFICATION: Seller agrees to indemnify the Customer for losses due to bodily or property damage to the extent caused by Seiter's acts or omissions. or the negligent acts
or omissions of its agents and subcontractors dUring the contract, but not to the extent caused by others 8. INSURANCE: Seller agrees to maintain the following insurance during the term
term of the Agreement with limits not exceeding the stated amounts: (a) Comprehensive General Liability insurance covering bodily injury and damage wllh a limit of ~1.000,OOO per occurrence
and $2,000,000 general aggregate. (b) Statutory workers' compensation employer's liability !r;surance for a 1,m it of $1,000,000 per occurrence, (c) Automobile liability covering bodily
injury and property damage with a combined single limit of S 1000,000 per occun'ence and (d) Excess/Umbrella Liability Insurance with a limit of $1,000.000 per occurrence and $2,000,000
general aggregate If Seller is perfonming services on Customer's site. Customer will be named as additional insured under the Commercial General Liability policy only with respect to
liability arising out ofbodi:y injury or property damage but to the extent resulting from the negligent acts or omiSSions of Seller or its willful m'sconduct arising au! of the ongoing
performance of obligations under the contract Seller does not otherwIse name parties as additional insured or agree to waive 'ts rights to subrogation Seller does not provide cclp,es
of its rolicies, certified or otherwise nor does ,t provide endorsements 9. FORCE MAJEURE; Seller shall not be liable for any failure 10 perform or or repairing equipment or systems,
or for any >nterruption of any service to be performed hereunder, or in the performance an as a result of an event beyond Its reasonable control, including. but not hmited to, strikes.
industrial disputes. fire. acts of God wa, vandalism, not. national acts terrorism, embargoes or restraints. supplier default. supplier default extreme weather or traffic conditions.
order or governmental agency. and shall not be required to serVice the Customer while interruptiOn of such serVice cause shall continue Service charges shal! cease is resumed 10. WAIVER
OF CONSEQUENTIAL DAMAGES; NOTVVITHSTANDING ANYTHING ELSE IN THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT. LIQUIDATED, CONSEQUENTIAL, SPECiAL OR ECONOtvllC LOSS. COST
LIABILITY, DAMAGE OR EXPENSES HOWSOEVER ARISING, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO Nf':GL!GENCE OF EITHER PARTY IN PART OR IN WHOLE. 11. LIMITATION OF LIABILITY: NotvJithstanding
anything to the contrary herem and the extant by law, the aggregate Seiler to the Customer, whether in contract, tort (including negligence), or othe,wise wdl be hmes the contract provided
however the foregoing does not limit the liability of Seller for any injury to. or death of by the gross negligence of Seller 12. ENVIRONMENTAL: Customer agrees and acknowledges that
Custome' shall be solely responsible for all costs, expenses, damages. fines, penalties, claims. and liabilities associated with or incurred in connection With hazardous matenals or
substance::; upon. beneath, about, or inside Customer's equipment or property, and Customer shall be solely responSible for reporting the presence of said Page 3 of5
hazardous materials or substances to the proper governmental authorittes Customer further agrees and acknowledges that title to, ownership 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 shail be solely responsible for the removal, handling, and disposal
of all hazardous materials in accordance with all applicable governmental regulations 13, EXPORT COMPLIANCE: Customer \lereby represents and warrants that it will comply with the requirements
of all applicable export laws and regulations, including but not limited to the US Export Administration Regulations, in the performance of this Agreement and the treatment of Confidential
Information herein, It is understood that countries outside the US may restrict the import or use of strong encryption products and may restrict exports, and Customer agrees that Customer
shall be solely responsible for com pliance wi th any such Import or Lise restriction. Customer agrees to indemnify 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 Ihis proviSion ThiS provision shall survive any termination or expiration of this Agreement.
14, FEDERAL ACQUISITION REGULATIONS: The components, equipment and services proposed by Seller are commerCial items as defined by the Federal Acquisition Regulations ("FAR") and the
prices in any resulting contract and In any change proposal are based on Seller's standard commercial accounting policies and practices which do not consider any special requirements
of U.S. Government cost principles and do not meet the requirements of Part 31 of the FAR or any simiiar procurement regulations. Seller agrees only to perform a contract for the sale
of a commercial item on a fixed-price basis. In addition, Seller wi!1 neither agree to submit or certify to any cost 01' pricing data nor to any requirements to establish price reasonableness
under FAR Part 15 or such similar regulations. In stating its POSition, Seller refers to FAR Part 12 -"Acquisition of Commercial !tems" 15, GENERAL: (a) This Agreement. and the Scope
of ilVork, 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. It!s agreed that tor any alteration to or deviation from
this Agreement involving extra work, the cost of material or labor will become an extra charge (fixed-pnce amount to be negotiated or on a time-and-material basis at Seller's prevailing
rates then i'1 effect) over the sum stated in this Agreement (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 bas is of the alleged nonconformity of the goods
and the description of that portion of the shipment being rejected. (d) This Agreement shall not be In effect or binding upon Seller until signed by its duly authorized representative.
(e) Customer may not assign its nghts or delegate its duties hereunder without the specific, written consent of Seller. 16, GOVERNING LAW: ThiS Agreement shalt be interpreted in and
governed by Hie laws of the State 111 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 onginal 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 collect unpaid charges or any other sums Customer may owe hereunder, Customer shall
be liable to Seller for Seller's reasonable and necessary costs of collection and attorneys' fees incurred in such collection activities. In the event of any other legal proceeding related
to this Agreement, the 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 time or to any extent, be determined by a court of competent jurisdiction
or an arbitrator to be invalid or unenforceable. the remalflder 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 ttle right to subcontract, in whole or in part, any installations andlor serVices, including but not limited to, monltonng services andlor limited warranty/extended limited
warranty services which Seller may perform. Customer acknowledges that this contract and particularly those paragraphs relating to Seller's limited liability, disclaimer of warranties,
and third oarty Indernnlficatlon, Inure to the benefit of, and are applicable to, any assignees and/or subcontractors with the same force and effect as they bind custom er to Seller.
20. NOTICES: All notices under this Agreement shall be in writing. signed, dated and sent by overnight courier or registered or certified US mail, postage prepaid, return receipt requested,
to the parties at the addresses shown below All changes of address must be in writrng and delivered as provided in ttlis Section. Notices are deemed given when deposited, as described
above. with ihe U.S. mail or in the overnight receptacle i\ny such notice. if sent by the Customer to the Selier, shail be addressed as follows' Page 4 of 5
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN Printed Name: Brad Viola, Service Manager AGREED: CUSTOMtR: Page 5 of 5