HomeMy WebLinkAboutB18-0151_approved documents_1525707804.pdf75 South Frontage Road
West,
Vail, CO 81657
Office: 970.479.2139
Inspection Line: 970.479.2149
Construction
B18-0151
Issued: 05/07/2018
TOWN OF VAIL
Property Information
Address: 715 W LIONSHEAD CIR (210107217001) ( 210107217001 )
Unit #:
Parcel Number: 210107217001
Legal Description:
Subdivision: WEST DAY SUBDIVISION Lot: 1 R908760 MAP 03-10-05 R910219 BSD 03-24-05 R920513
EAS 06-24-05 R200625646 EAS 09-20-06 R200715212 EAS 06-11-07 R200719892 EAS 07-27-07
Contacts
Contact Type: Applicant
Full Name: stephen patterson
Address: 573 Adams Ave units A and B Silverthorne, CO 80498 Phone: 9704068013
Contact Type: Property Owner
Full Name: DIAMONDROCK VAIL OWNER LLC DIAMONDROCK HOSPITALITY CO
Address: Phone: None
Contractor
Contractor Type: Mechanical
Company: Tolin Mechanical Systems Company
State License #: Phone: 970-468-0743
Project Information
Project Name: Vail Marriott Renovation 2017
Project Description: Replace Kitchen hood with new like-for-like replacement.
Fees Paid
Account #: 110-0000.31060.00 - Construction Use Tax Fee Fee Amount:$2,305.08
Account #: 001-0000.31111.00 - Mechanical Permit Fee Fee Amount:$2,520.00
Account #: 001-0000.31123.00 - Mechanical Plan Review Fee Fee Amount:$630.00
Account #: 001-0000.31128.00 - Will Call Fee (Mechanical Scope)Fee Amount:$5.00
Total Paid:$5,460.08
Conditions
CONDITIONS UNDER WHICH PERMITS BECOME VOID:
If construction is not begun within 6 months from the date permit was issued.
If more than 5 months elapses between inspections.
If incorrect information is given on the application at the time the permit was issued.
Christopher Jarecki - Town of Vail Building Official
NOTICE: By issuance of this Permit the applicant agrees to comply with all Titles of the Town of Vail Code and all applicable State and Federal
law. Failure to do so will void this Permit and the applicant shall forfeit all applicable fees.
MARTYN CONSULTING SERVICES, LLC
May 2, 2018
To: Mr. Chris Belby (cbelby@tolin.com)
Re: Marriott Vail- Kitchen Hood and exhaust system review
Mr. Belby:
Martyn Engineering visited Vail Marriott site located at 715 West Lions Head Circle. Vail, CO 81657 on May 2, 2018. The
purpose of our visit was to review the kitchen hood replacement, existing and new grease exhaust duct integrity and
condition, fan system and grease duct fire enclosure.
The following was observed / noted:
· Existing system has been operational for 40-50 years. Ductwork / Airflow is not being modified, Hoods are being
replaced with more modern hood to improve operation / maintenance. We understand the replacement hoods are
engineered for proper operation with existing exhaust flow rates using existing Roof Utility Exhaust fan.
· Ductwork is 16 gage stainless steel, welded construction. It was noted that new ductwork installed was light tested
by sheet metal contractor (Parker Sheetmetal)
· Vertical Exhaust ductwork is enclosed in concrete CMU from base of riser to roof per code.
· Vertical grease duct was observed in good condition (no grease accumulation) and integrity of duct appears intact.
· Duct velocity (based on exhaust fan cfm) is in excess of 1750 fpm (as required per code)
· Existing Horizontal ducts have been cleaned and we understand additional cleanouts are being added to allow
comprehensive maintenance / cleaning. We understand cleaning will occur quarterly (4x / year). This will enhance
and improve safety of this existing system.
After site walk, we visited with Mr. C.J. Jarecki at town of Vail office to review these findings. We understand there is a
requirement to perform a light test that can be observed by an official with the town of Vail after all cleanouts are added.
It was discussed / noted during conversation with C.J. that the other conditions of existing system listed above are
acceptable for permit operation and compliance,
If you have any questions or need any additional information, please do not hesitate to contact our office
Sincerely
Phil Gioia, P.E
Martyn Consulting Services
303-589-3938
MARTYN CONSULTING SERVICES, LLC 2
SAMPLE PHOTOS OF OBSERVATIONS
SHAFT CMU ENCLOSURE - ROOFTOPPING BASE OF SHAFT VERTICAL RISER –
CONDITION OF VERTICAL DUCT
SHAFT CMU ENCLOSURE WALL (EXTERIOR OF SHAFT)
CC: Bill Felsher, Mike Clement – Tolin – Via email
Brant Marott – Vail Resorts (bmarott@vailresorts.com)
XGEW Type 1, Grease Grabber Filter Single Wall - Exhaust Only Wall Canopy
Model Hood
Length (in.)Width (in.)Bottom
Width (in.)
Height (in.) Exhaust
Volume
(CFM)
Exhaust SP
(in. w.g.)
Double
IslandFront Back
XGEW 258 54 0 18 24 5400 1.456 No
Selected Options & Accessories:
Option or Accessory Description
Mounting Height 80 in. off Finished Floor.
Insulated Top Listed for Zero Clearance to Combustibles.
Integral Air Space Factory Mounted on Back - 3" wide Zero Clearance
Ceiling Enclosures 5 in. High on Left Front Right
Filter Type Premium Efficiency Grease Grabber Filters
Continuous Capture UL listed connection to join multiple sections.
Finished Back Stainless finish on back of hood.
Exhaust Air Balancing Baffle Damper used to balance system with multiple collars.
Material: 430 SS Where Exposed
UL Listing: UL 710 w/out Exhaust Fire Damper
Features:
Performance Enhancing Lip (PEL)
Standing Seam Construction for Superior Strength
Stainless Steel Finish for Higher Corrosion Resistance
Hood End Conditions:
Back Wall - Combustible
Section Data:
Section
Num.
Length
(in.)
Volume
(CFM)
SP
(in. wg)
Filter Qty Filter Ht.
(in.)
Temp.
Rating
Light
Qty Light Type Foot
Candles
Drain
Location
Weight
(lbs)16"
W
20"
W
1 180 4000 1.456 5 5 20 5 Incandescent / CFL 46.87 Left 570
2 78 1400 1.181 1 3 20 2 Incandescent / CFL 40.26 Right 247
Exhaust Collar Data:
Section
Num.
Collar
Num.
Collar Size (LxW) in.
or Diameter (in.)
Pos. Off
Left (in.)
Pos Off
Back (in.)
Velocity
(fpm)Mounting Option
1 1 35 x 8 90 6 2057 Shipped Loose Exhaust Collar(s)
2 1 12 x 8 39 6 2100 Shipped Loose Exhaust Collar(s)
3/27/2018Printed Date:
Marriott at VailJob:
KH-1Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 1 of 6
2 FP 14178 2 FP 14178 2 FP14178
2 FP14178
2 FP14178
2 FP 13729 2 FP13729 2 FP 14178 2 FP14178
2 FP14178
2 FP 14178 Steamer36" L X 36" W X 36" H
Tilt Skillet
Fuel Type: Gas
36" L X 36" W X 42" H
Range - 4 or more burners
Fuel Type: Gas
36" L X 30" W X 36" H
GriddleFuel Type: Gas36" L X 30" W X 36" H
Convection Oven
38" L X 38" W X 66" H
1.5 FP119831.5 FP11983MARK: KH-1 - SECTION 1ELEVATION VIEWREAR INTEGRAL AIR SPACE MARK: KH-1 - SECTION 1PLAN VIEW36 IN. OC TEMPERATURE SENSORSFIELD WIRING TO CONTROLS REQUIRED 1 FP119821 FP119822 FP14178
2 FP14178
2 FP14178
2 FP14178
2 FP14178Convection Oven38" L X 38" W X 66" H
1 FP16416
MARK: KH-1 - SECTION 2ELEVATION VIEWREAR INTEGRAL AIR SPACE
MARK: KH-1 - SECTION 2PLAN VIEW39 IN. OC TEMPERATURE SENSORSFIELD WIRING TO CONTROLS REQUIRED1 FP11982258.06.0 4.04.0 4.06.035.0 8.0 180.0 6.08.012.08.078.03.054.0NOTE: All dimensions are in units of in.3/27/2018Printed Date:
Marriott at VailJob:
KH-1Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 2 of 6
MARK: KH-1 (LAST HOOD IN ROW)REMOVABLE GREASE CUP W/CONCEALED GREASE TROUGHUL CLASSIFIED TWO STAGEFILTRATION SYSTEMFULL LENGTH FINISHED BACKUL LISTED LIGHT FIXTUREZERO CLEARANCE INTEGRAL AIRSPACETEMPERATURE
SENSORSREAR ENCLOSUREIS NOT INCLUDED
4.080.0ABOVEFINISHED
FLOOR18.05.024.0 103.0NOTE: All dimensions are in units of in.Hanger Bracket Locations
Sec # Brkt
#Distance Off Left (in) DistanceOff Front(in)1 1 3.50 2.501 2 59.94 2.501 3 119.88 2.501 4 176.50 2.501 5 3.50 50.001 6 59.94 50.001 7 119.88 50.001 8 176.50 50.002 1 3.50 2.502 2 74.50 2.502 3 3.50 50.002 4 74.50 50.00Bracket Mounting Positionfor a 4 Bracket HoodBracket Mounting Positionfor an 8 Bracket Hood3/27/2018Printed Date:
Marriott at VailJob:
KH-1Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 3 of 6
XGEW Type 1, Grease Grabber Filter Single Wall - Exhaust Only Wall Canopy
Model Hood
Length (in.)Width (in.)Bottom
Width (in.)
Height (in.) Exhaust
Volume
(CFM)
Exhaust SP
(in. w.g.)
Double
IslandFront Back
XGEW 258 54 0 18 24 5400 1.817 No
Selected Options & Accessories:
Option or Accessory Description
Mounting Height 80 in. off Finished Floor.
Insulated Top Listed for Zero Clearance to Combustibles.
Integral Air Space Factory Mounted on Back - 3" wide Zero Clearance
Ceiling Enclosures 5 in. High on Left Front Right
Filter Type Premium Efficiency Grease Grabber Filters
Continuous Capture UL listed connection to join multiple sections.
Finished Back Stainless finish on back of hood.
Exhaust Air Balancing Baffle Damper used to balance system with multiple collars.
Material: 430 SS Where Exposed
UL Listing: UL 710 w/out Exhaust Fire Damper
Features:
Performance Enhancing Lip (PEL)
Standing Seam Construction for Superior Strength
Stainless Steel Finish for Higher Corrosion Resistance
Hood End Conditions:
Back Wall - Combustible
Section Data:
Section
Num.
Length
(in.)
Volume
(CFM)
SP
(in. wg)
Filter Qty Filter Ht.
(in.)
Temp.
Rating
Light
Qty Light Type Foot
Candles
Drain
Location
Weight
(lbs)16"
W
20"
W
1 168 3000 1.220 8 2 20 4 Incandescent / CFL 44.4 Left 532
2 90 2400 1.817 3 2 20 3 Incandescent / CFL 43.88 Right 285
Exhaust Collar Data:
Section
Num.
Collar
Num.
Collar Size (LxW) in.
or Diameter (in.)
Pos. Off
Left (in.)
Pos Off
Back (in.)
Velocity
(fpm)Mounting Option
1 1 12 x 8 42 6 2250 Shipped Loose Exhaust Collar(s)
1 2 21 x 8 126 6 1286 Shipped Loose Exhaust Collar(s)
2 1 24 x 8 45 6 1800 Shipped Loose Exhaust Collar(s)
3/27/2018Printed Date:
Marriott at VailJob:
KH-2Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 4 of 6
2 FP14178
2 FP14178
2 FP14178
2 FP14178
2 FP14178
2 FP14178
2 FP14178
Fryer - Full Vat with Dripboard
Fuel Type: Gas22" L X 30" W X 36" H
Fryer - Full Vat with Dripboard
Fuel Type: Gas22" L X 30" W X 36" H
GriddleFuel Type: Gas
36" L X 30" W X 36" H
Range - 4 or more burners
Fuel Type: Gas36" L X 30" W X 36" H
Combi-Steamer38" L X 38" W X 66" H
1 FP16416
1 FP16416
1 FP16416
MARK: KH-2 - SECTION 1ELEVATION VIEWREAR INTEGRAL AIR SPACE MARK: KH-2 - SECTION 1PLAN VIEW42 IN. OC TEMPERATURE SENSORSFIELD WIRING TO CONTROLS REQUIRED 1 FP119821 FP119822 FP14178
2 FP141782 FP14178
2 FP14178
2 FP141782 FP14178
2 FP14178
Double Convection Oven38" L X 38" W X 66" H
1 FP164161 FP16416
MARK: KH-2 - SECTION 2ELEVATION VIEWREAR INTEGRAL AIR SPACE
MARK: KH-2 - SECTION 2PLAN VIEW
AMEREXPNEUMATIC
RELEASE MODULE AGENTTANKAGENTTANKAGENTTANKAGENTTANKAGENTTANKAGENTTANKAGENTTANKFIRE SYSTEM MARK: FS-130 IN. OC TEMPERATURE SENSORSFIELD WIRING TO CONTROLS REQUIRED1 FP119821 FP11982258.06.036.0 4.06.012.0 8.0 21.0 8.0 168.0 6.0 8.024.08.090.03.054.0NOTE: All dimensions are in units of in.3/27/2018Printed Date:
Marriott at VailJob:
KH-2Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 5 of 6
CHROME APPLIANCE DROPSMARK: KH-2 (LAST HOOD IN ROW)REMOVABLE GREASE CUP W/CONCEALED GREASE TROUGHUL CLASSIFIED TWO STAGEFILTRATION SYSTEMFULL LENGTH FINISHED BACKUL LISTED LIGHT FIXTUREZERO CLEARANCE INTEGRAL AIRSPACETEMPERATURE
SENSORSREAR ENCLOSUREIS NOT INCLUDED
4.080.0ABOVEFINISHED
FLOOR18.05.024.0 103.0NOTE: All dimensions are in units of in.Hanger Bracket Locations
Sec # Brkt
#Distance Off Left (in) DistanceOff Front(in)1 1 3.50 2.501 2 55.94 2.501 3 111.89 2.501 4 164.50 2.501 5 3.50 50.001 6 55.94 50.001 7 111.89 50.001 8 164.50 50.002 1 3.50 2.502 2 86.50 2.502 3 3.50 50.002 4 86.50 50.00Bracket Mounting Positionfor a 4 Bracket HoodBracket Mounting Positionfor an 8 Bracket Hood3/27/2018Printed Date:
Marriott at VailJob:
KH-2Mark:
XGEW-T-258.00-SModel:
Generated by: Jake.Stephany@Accurex.com
CAPS 4.25.1969 C:\Users\Jake Stephany\Syncplicity Folders\ACX-CO Jobs (Jason Agin)\2018\Marriott at Vail\Marriott at Vail.acxj Page 6 of 6
Job Number Registered Quotation Number Presentation Date Page Number
Q-03-2018-131985 April 19, 2018 1 of 4
BY AND BETWEEN
Tolin Mechanical Systems Company
573 Adams Avenue, Suites A & B
Silverthorne, Colorado 80498
(Hereinafter referred to as “Tolin”)
Marriott Vail Mountain
715 W. Lionshead Circle
Vail, CO 81657
(Hereinafter referred to as "Customer")
PROJECT LOCATION: 715 W. LIONSHEAD CIRCLE, VAIL, COLORADO 81657
PROJECT DESCRIPTION: MOLITRON KITCHEN HOOD REPLACEMENT
We are pleased to offer our proposal to provide all labor, materials, equipment, permit and tax to replace
the Molitron kitchen hoods at the Marriott Vail Mountain kitchen.
OUR PROPOSAL INCLUDES THE FOLLOWING:
1. Demo four (4) existing kitchen hoods and dispose of off-site.
2. Provide and install two (2) new Accurex exhaust-only kitchen hoods (KH-1, 2), M/N XXEW-T-258.00-
S, including welded black iron grease duct connections from existing to new hoods. 430 SS material
where exposed. Performance enhancing Lip (P.E.L.) for up to 31% lower exhaust rates. Sloped
grease trough with enclosed grease cup per NFPA 96 requirements. UL710 Listed without exhaust
fire damper. X-Tractor stainless steel filter. Globe light fixtures (bulbs not included). Continuous
capture for multi-section hoods. Zero clearance top. Factory mounted 3” back zero clearance
airspace. 5” high ceiling enclosures on left front right.
· KH-1, Section 1: 4,000 CFM. 180” L x 54” x 24”/18” H (tapered back to front).
· KH-1, Section 2: 1,400 CFM. 78” L x 54” x 24”/18” H (tapered back to front).
· KH-2, Section 1: 3,000 CFM. 168” L x 54” x 24”/18” H (tapered back to front).
· KH-2, Section 2: 2,400 CFM. 90” L x 54” x 24”/18” H (tapered back to front).
3. Provide and install one (1) new 26.25 gallon fire suppression system (M/N FSSZ-75-7). Metal blow
off caps. Factory coordinated install. Pre-piped hood with detection. Wall mounted enclosure. All
required system parts included. Permits and puff (air) test included.
4. Provide and install Variable Volume Fan Control Center. 300 SS enclosure. Keypad with LCD display.
Temperature interlock which will automatically start fan when cooking occurs. BACnet IP. Seven (7)
temperature sensors. VFD for exhaust fan included inside enclosure.
5. Connect VFD to existing exhaust fan power circuit.
6. Provide and install one (1) shaft grounding kit on the exhaust fan motor.
7. Provide and install control wiring from control center to existing exhaust fan motor.
8. Provide and install control wiring from temperature sensors in hoods to control panel.
9. Connect power to hood lights.
10. Provide five (5) 24” x 24” access doors to fill in where holes will be cut in ceiling. Installation by
others.
11. Provide dust barriers between work area and temporary kitchen.
12. Permit, plan review fee and construction use tax.
13. Provide one (1) year warranty on the new equipment, materials and installation craftsmanship.
Job Number Registered Quotation Number Presentation Date Page Number
Q-03-2018-131985 April 19, 2018 2 of 4
OUR PROPOSAL EXCLUDES THE FOLLOWING:
1. Providing equipment, materials and labor for work not detailed in this project's scope of work,
including:
· Removal/replacement of kitchen equipment under and around hoods. This equipment must be
moved away from area under and around hoods to allow access to the work area.
· Ceiling cutting, patching and replacement. Access to the hood exhaust ducts above the ceiling is
required.
· Cleaning of grease ducts prior to the work. The existing grease ducts will need to be cleaned
before any work can begin.
· The addition of any make-up air equipment to the new hoods.
· Repairs or modifications to existing make-up air equipment.
· Providing new or modifying existing odor neutralization scrubbers in the kitchen hoods.
· Fire wrap on grease ducts.
· Programming for BAS. Connection of control panel to BAS.
· Replacing the exhaust fan or adding pollution controls to the exhaust fan.
· TAB.
· Mechanical, electrical or structural engineering. Engineered, stamped drawings.
OUR PRICE FOR THIS SCOPE OF WORK IS ...................................................................................... $125,254.00
“This Agreement is the property of Tolin and is provided for the Customer's use only. Tolin guarantees the
price stated in this Agreement for thirty (30) days from the proposal date.”
Tolin Mechanical Systems Company Marriott Vail Mountain
Bill Felsher
Project Sales Engineer
Title
April 19, 2018
Date
Signature or PO#
Print Name and Title
Date
Job Number Registered Quotation Number Presentation Date Page Number
Q-03-2018-131985 April 19, 2018 3 of 4
CONTRACT AGREEMENT - TERMS AND CONDITIONS
1. TERMS: IF THIS CONTRACT INVOLVES THE PURCHASE OF MATERIALS AND EQUIPMENT ONLY, THE PURCHASE PRICE
SHALL BE PAYABLE AT THE TIME OF DELIVERY OF THE MATERIALS AND/OR EQUIPMENT; IF THIS CONTRACT INVOLVES
LABOR OR LABOR AND MATERIALS AND EQUIPMENT, PROGRESS BILLINGS WILL BE SUBMITTED COVERING
MATERIALS AND EQUIPMENT DELIVERED TO THE JOB SITE OR STORED IN ACCEPTABLE STORAGE FOR DELIVERY TO
THE JOB SITE. THIS PROGRESS BILLING WILL ALSO INCLUDE LABOR WHICH HAS BEEN EXPENDED ON THE JOB OR
DIRECTLY CONCERNED WITH THE JOB. THIS PROGRESS BILLING AMOUNT WILL BE DUE TEN DAYS AFTER BILLING
DATE. FOR JOBS WHICH REQUIRE RETENTION, A RETENTION AMOUNT OF FIVE PERCENT WILL BE WITHHELD. IT WILL
BECOME DUE AND PAYABLE AT THE COMPLETION OF TOLIN'S PORTION OF THE PROJECT.
2. Title to the materials and equipment shall remain with Tolin until the customer has paid the total price in full, and if
the customer should fail to make any payment to Tolin as the same becomes due or the customer fails to perform any
other obligation under this contract, Tolin may take possession of the materials and equipment and take whatever
other action it deems appropriate.
3. Tolin warrants that its labor and installation shall be done in a good and workmanlike manner and shall be free from
defects for a period of one year after completion of the installation. Tolin warrants that all equipment and materials
furnished will be new unless otherwise specified in this contract, and that Tolin has good title thereto. Tolin does not
warrant the quality of the equipment and materials furnished in any respect and the customer's remedy for defects in
the equipment and materials shall be against Tolin's suppliers or the manufacturers of the materials and equipment.
Tolin will deliver all manufacturers' written warranties to the customer upon completion of installation. UNDER NO
CIRCUMSTANCES WILL TOLIN BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFITS, INCREASED OPERATING OR
MAINTENANCE EXPENSE, CLAIMS OF CUSTOMERS, TENANTS, OR CLIENTS, OR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES.
4. Once the equipment and materials have been delivered to the job site, the Customer assumes all risk of damage to
same, by any cause, except that brought about by the negligence of Tolin and its employees. The customer shall carry
All Risk Property Insurance to the full value of the materials and equipment and name Tolin as an Additional Insured
to the extent of its interest.
The Customer shall be responsible for purchasing and maintaining such liability insurance as will protect him against
claims which may arise from operations under the Contract. The Customer must provide Tolin a Certificate of
Insurance providing General Liability and Independent Contractors Liability with minimum limits of $500,000.00 per
occurrence for Bodily Injury and Property Damage.
5. Tolin will maintain General Liability and Workers' Compensation Insurance protecting it against claims which may
arise from operations under the contract.
6. Tolin will make delivery or installation, when provided herein, within a reasonable time after this contract is entered
into, but it will not be responsible for delays caused by unavailability of machinery, equipment, materials or parts,
shipper's delays, strikes, lockouts, restrictions imposed by civil or military authority, priority regulation of some
governmental body, insurrection or riot, or any other cause beyond Tolin's control. If a time for performance is stated
in this agreement, it shall be deemed to be an estimate only.
If Tolin is required to make some installation under this contract, the customer shall be responsible for putting the
premises in a satisfactory condition including furnishing electric power, light, heat, and water so that installation can
start promptly and be completed efficiently.
Job Number Registered Quotation Number Presentation Date Page Number
Q-03-2018-131985 April 19, 2018 4 of 4
7. If Tolin shall fail to perform any of its obligations under this contract and fails to perform after the customer gives
Tolin ten (10) days written notice of the specific deficiencies, the customer may have someone else complete the
performance but Tolin's liability shall be limited to what it reasonably costs the customer to obtain completion of
Tolin's obligations under this contract. If Tolin fails to perform any of its obligations under this contract, the
customer, at customer's option, and without being required to do so, may cancel this contract by giving Tolin ten (10)
days written notice.
8. If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having
jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials
unavailable, through no act or fault of Tolin or if the Project should be stopped for a period of thirty (30) days by Tolin
for the customer's failure to make payment thereon as provided in Paragraph 1, then Tolin may upon seven (7) days
written notice to the customer terminate this agreement and immediately recover from the customer payment for all
work to date and for any proven loss sustained upon any materials, equipment, tools, construction equipment and
machinery, including reasonable profit and damages.
9. In the event either party must commence a legal action in order to enforce any rights under this contract, the
successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for
prosecuting or defending the claim as the case might be.
10. The Customer shall not leave any of the equipment or systems furnished or installed by Tolin in operation until the
customer has approved and accepted same and paid Tolin the price in full.
11. Any written notice required under this contract may be delivered personally to the other party or mailed as certified
mail, return receipt requested, to the other party's address as it appears in this agreement or as given to the other
party by written notice during the terms of this contract.
12. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Tolin, its agents and employees
from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of
or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in
whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by
Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the
negligence of Tolin.
Initials __________ Date ____________
* Please Return Initialed Document With Proposal To
Tolin Mechanical Systems Company
Fax # (303) 576-9022