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HomeMy WebLinkAbout2021-323-AMS-Sheri Storch Services, Inc dba CertaPro Painters-PFAP interior and Exterior paintingRevised 07/20 1 [Departmental Use Only] TITLE PFAP Paint FY 2021-2022 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 1st day of July, 2021, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Sheri Storch Services Inc (dba CertaPro Painters), (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Interior and Exterior Painting for the Piedmont Food Processing Center. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 3 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): CertaPro will clean, prep and repaint outlined surfaces using premium products from the Sherwin Williams Paint Company. Proposal includes power wash and cleaning of all exterior surfaces and standard prep, filling nail holes, gaps cracks on interior surfaces. Water provided by customer for power wash. Interior surfaces- Color change, colors TBD..two coats on all surfaces being painted Exterior surfaces- Color match- Color provided by customer, includes removing failing paint/rust spot prime and 1 top coat, per proposal Job Number: JOB-1304-8556 dated June 16, 2021. 4. Duration of Services a. Term. The term of this Agreement shall be from July 1, 2021 to August 30, 2021. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2021. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Sixteen Thousand Eight Hundred Twenty-Two Dollars ($16,822.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 4 a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 5 written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 6 on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 7 In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:AMS Sheri Storch Services, Inc P.O. Box 8181 6401 Oak Forest Drive Hillsborough, NC 27278 Raleigh, NC 27616 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Revised 07/20 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Chad Watson, Commercial Sales Printed Name and Title DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 6/22/20216/25/2021 Revised 07/20 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Sheri Storch Services, Inc dba CertaPro Painters Party/Vendor Contact Person: Chad Watson (cwatson@certapro.com) Contact Phone: 919.219.2984 Party/Vendor Address: 6104 Oak Forest Drive City Raleigh State: NC Zip: 27616 Department: AMS/PFAP Amount: $16,822.00 Purpose: PFAP - Interior & Exterior Painting Budget Code(s): 34600020-880000-10076 Vendor # Sheri Storch Services Inc dba CertaPro Painters (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 7/1/2021 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 6/23/2021 6/25/2021 6/25/2021 6/25/2021 Revised 07/20 10 DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 We proudly feature Sherwin-Williams paints and stains. CLIENT Orange County Asset Mgmnt CLIENT CONTACTS PRICING: GENERAL SCOPE OF WORK CertaPro will clean, prep and repaint outlined surfaces using premium products from the Sherwin Williams Paint Company Proposal includes power wash and cleaning of all exterior surfaces and standard prep, filling nail holes, gaps cracks on interior surfaces. Water provided by customer for power wash Interior surfaces- Color change, colors TBD..two coats on all surfaces being painted Exterior surfaces- Color match- Color provided by customer, includes removing failing paint/rust spot prime and 1 top coat Production to take place after July 1, 2021 ******CertaPro Painters is an officially Licensed General Contractor in the State of North Carolina, South Carolina and Tennessee****** * Surface Preparation/Cleaning - all previously painted surfaces will be cleaned effectively prior to applying coats of primer or finish paint systems, so that all specified coatings will bond effectively to substrate * Paint Application - all coatings will be applied in accord with manufacturer's written recommendations by brush, roll, spray (or combination).   * Coat Thickness - paint material will be applied within manufacturer's recommended spread rate and mileage.  *Safety Guidelines/MSDS - OSHA safety guidelines will be adhered to at all times and Material Safety Data Sheets for all products will be maintained on site.   * Liability/Worker's Compensation - current copies of our liability and worker's compensation will be supplied prior to our start INCLUDES AND EXCLUDES BUSINESS & COMMERCIAL SERVICES CertaPro Painters of North Raleigh 6104 Oak Forest Dr. Raleigh, NC 27616 (919) 876-2008 http://northraleigh.certapro.com License: 81527 Contractor License: NC GC #81527 Full Worker's Compensation Coverage Nationwide Insurance COMMERCIAL EXTERIOR Job #: JOB-1304-8556 Date 06/16/2021 JOB SITE Orange Co- Piedmont Food Processing Ctr 500 Valley Forge Rd Hillsborough, NC 27278  (919) 610-8182 abarnes@orangecountync.go PREPARED BY Chad Watson Commercial Sales Associate  919-219-2984  cwatson@certapro.com 300 W Tryon St Building B- 3rd Floor Office 10 Hillsborough, NC 27278 Angel Barnes E: abarnes@orangecountync.gov Base Price:$16,822.00 Subtotal:$16,822.00 Total:$16,822.00 Deposits Due $5,046.60 Balance $11,775.40 Includes: Excludes: DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 SURFACE PREPARATION STANDARD LEVEL OF PREP Unless stated otherwise in pictures and/or text in this proposal, this project is priced to include our standard level of prep. This includes the following: - Wash or wipe down surfaces being painted. - Scrape and sand loose and peeling paint. Please Note** Scraping and sanding will not result in a smooth finish. There will be ups and downs where paint was removed. - Spot priming bare wood and metal in areas being painted. We do not spot prime areas being stained. - Window glazing if we are painting windows. - Puttying, caulking, and wood filling as needed. We only caulk areas that were previously caulked and are missing or failing. We only remove caulking that is failing. - Masonry Patching where needed. Please Note** Masonry patching will not mimic the current texture of the masonry surface. This level of prep DOES NOT include (Unless specified otherwise in this proposal) the following: - Wood replacement - Fixing imperfections that require feather sanding and bondo application. - Full recaulking if caulk is not failing or missing. - Resculpting trim and siding where damaged. - Stripping existing surface coating. CLEAN UP Daily: Ladders are taken down and stored in a designated area along with all other tools and supplies. All debris will be swept and removed from the property or deposited in the appropriate trash receptacle according to the customer's preference. Upon Completion: All tools, supplies & equipment will be removed from the property. ADDENDUM - ALL PICTURES Interior- Office Walls, common area walls, doors and door trim, window frames Exterior- Metal sidiing, Flashing, gutters and downspouts, exterio doors and door trim, window trim, bollards and metal handrails Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 NOTES OUR CERTAINTY SERVICES SYSTEM: To ensure that the project meets your expectations, we will: Meet with you at the beginning of the project to ensure all information is up to date and accurate. Communicate with you daily to inform you of what has been completed, what will be done tomorrow and any possible issues. And finally, have you do a final inspection with us to make sure that you are completely satisfied with the completed project. SIGNATURES   PAYMENT Payment is due: Scheduled payments (to be determined) Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h Clean, prep and repaint outlined surfaces, interior 2-coats, exterior spot… i d l h 06/16/2021 CertaPro Painters Authorized Signature Date Authorized Client Signature Date Authorized Client Representative Name & Title Client DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 COMMERCIAL DEFINITIONS AND CONDITIONS OF THIS CONTRACT   RELATIONSHIP — The individual giving you this proposal is an independent contractor licensed by CertaPro Painters® to use its systems and trademarks to operate a painting franchise. The work will be completed by the independent franchised contractor. Please make any check payable to the franchise shown on the front of this proposal.   COLORS — Colors may be chosen by the client prior to commencement of work. If, after the job starts, a color change is required, the independent Contractor will have to charge for time and material expenses incurred on the original color.   UNFORESEEN CONDITIONS — Should conditions arise which could not be determined by visual inspection prior to starting work, the client must pay an agreed upon extra for the completion of such work.   PROPOSAL — This proposal is valid for 60 days after it was written. In addition, the Independent Franchised Contractor should be informed of your desire to have the work done and receive a signed copy of the proposal before work is to be started.   ATTENTION CLIENT:   YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE BELOW NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. (SATURDAY IS A LEGAL BUSINESS DAY IN CONNECTICUT.) THIS SALE IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT AND THE HOME IMPROVEMENT ACT. THIS INSTRUMENT IS NOT NEGOTIABLE.   NOTICE OF CANCELLATION   YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREED TO RETURN THE GOODS AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO: Name of Seller CertaPro Painters of North Raleigh DATE OF TRANSACTION                              NOT LATER THAN MIDNIGHT OF                            LIMITED TWO YEAR WARRANTY Subject to the limitation set forth below, for a period of 24 months from the date of completion of the work described on the front of this contract, the Independent Franchise Owner named on the front of this contract (the "Contractor") will repair peeling, blistering or chipping paint resulting from defective workmanship. THIS LIMITED WARRANTY DOES NOT COVER: Any work where the Contractor did not supply the paint or other materials. Any work which was not performed by the Contractor. Varnished surfaces. Surfaces made of, or containing, galvanized metal. The cost of paint required to perform the repairs. Repairs to horizontal surfaces or any surface that, by virtue of its design permits moisture to collect. Surfaces include, but are not limited to, decks, railings, stairs, porches, roofs and wood gutters. Exact paint match as environmental conditions will affect the color and finish of all paints over time. Any repairs which are necessitated as a result of a defect in the paint regardless of whether the paint was supplied by the Contractor or the customer. Bleeding caused by knots, rust or cedar. Cracks in drywall, plaster or wood. Peeling, blistering or chipping where they are caused by: mill-glazing from smooth cedar ordinary wear and tear. abnormal use or misuse. peeling of layers of paint existing prior to the work performed by the Contractor. structural defects. settling or movement. moisture content of the substrate. abrasion, mechanical damage, abrasive cleaning, abuse or damage resulting from use of chemicals or cleaning agents or exposure to harmful solids, liquids or gases.   I HEREBY CANCEL THIS TRANSACTION (Buyer's Signature)(Date) DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 damage or defects caused in whole or in part by reason of fire, explosion, flood, acts of God, extreme weather conditions, misuse, alteration, abuse, vandalism, negligence, or any other similar causes beyond the control of the Contractor. Repairs under this limited warranty will be performed only on the specific areas where peeling, blistering or chipping has occurred and only to the level of surface preparation described in the preparation section of the Contract. FOR THIS WARRANTY TO BE VALID, YOU MUST: Pay the full contract price. Retain a copy of the original contract. Retain a copy of your cancelled check or other evidence of payment in full. Pay for all materials used to perform the repairs. Make the property accessible to the Contractor, or his employees, to perform the repairs. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY THE CONTRACTOR AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY THE CONTRACTOR TO THE ORIGINAL PURCHASER NAMED ON THE FRONT OF THIS CONTRACT. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE ORIGINAL CONTRACT PRICE. THIS WARRANTY MAY NOT BE ALTERED OR EXTENDED FOR ANY PURPOSE UNLESS DONE SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT. This warranty gives you specific legal rights. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. For warranty service, you should contact your Contractor to schedule an inspection of your property by calling CertaPro Painters® at 800.462.3782. DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/23/2021 (919) 741-5284 13036 Sheri Storch Services Inc DBA CertaPro Painters 6104 Oak Forest Drive Raleigh, NC 27616-2910 10844 A 1,000,000 PCP0003897 12/17/2020 12/17/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 X PD- $250 ded 1,000,000A PCA0020512 12/17/2020 12/17/2021 4,000,000B MUB0005270 12/17/2020 12/17/2021 4,000,000 10,000 B WCP1056332 12/17/2020 12/17/2021 1,000,000Y1,000,000 1,000,000 A Rented/Leased PCP0003897 12/17/2020 Limit 50,000 Officers: Kirt Storch and Sheri Storch are excluded from Worker's Compensation Orange County PO BOX 8181 Hillsborough, NC 27278 SHERSTO-02 RBROOKS Pittman Insurance Group, LLC4011 Westchase Blvd. Suite 120Raleigh, NC 27607 Rhonda Brooks rhonda@pittgroupllc.com Builders Premier Insurance Company Builders Mutual Insurance Comp XX 12/17/2021 X X X X XX X X X DocuSign Envelope ID: DB45EC14-BA4E-4DB5-B06B-96DD36975D95