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HomeMy WebLinkAbout2022-103-E-AMS-TRI Solutions-Justice Facility VCT Epic CoatingRevised 11/19 1 [Departmental Use Only] TITLE Floor Coating FY 2021/2022 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 2nd day of March, 2022, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and TRI Solutions, (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): 460 Ultra Durable Epic Urethane:Battle Court Room Ground Floor Hallway and StairwellLabor and Materials for EPIC Urethane Application to VCT Flooring.Pricing Includes: -Strip and clean VCT flooring- Application of EPIC Urethane (1 coat), 1 460 Ultra Durable Epic Urethane Clerk Break Room Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes:-Strip and clean VCT flooring-Application of EPIC Urethane (1 coat), 1 460 Ultra Durable Epic Urethane Steps and Landings from Ground Floor to 1st Floor Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes:-Strip and clean VCT flooring-Application of EPIC Urethane (1 coat) 1 460 Ultra Durable Epic Urethane Steps and Landings from 1st Floor to 2nd Floor Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes: -Strip and clean VCT flooring -Application of EPIC Urethane (1 coat 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 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 2 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 quality, accuracy and timely completion and/or 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 and/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 and/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 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 3 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 and/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. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Labor and materials for the Justice Facility VCT Epic Coating_Various Areas. 4. Duration of Services a. Term. The term of this Agreement shall be from 03/02/2022 to 08/02/2022. 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 03/02/2022. 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 Six Thousand One Hundred and Thirty Five Dollars ($6135). 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. DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 4 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 a. Cooperation and Coordination. The County has designated (Freddy Brooks) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and 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 NA (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 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 5 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 written notice of its intent to terminate this Agreement for cause. 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. 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, on the list created by the State Treasurer pursuant to G.S. 147-86.81. DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 6 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. In the event of a change in the County’s statutory authority, mandate and/or mandated DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 7 functions, by state and/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:Freddy Brooks TRI Solutions P.O. Box 8181 712 Summit Ave Hillsborough, NC 27278 Kinston, NC 29212 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Revised 11/19 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 By: __________________________________ TRI Solutions Printed Name and Title DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 3/2/20223/14/2022 Revised 11/19 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: TRI Solutions Party/Vendor Contact Person: Brad Albritton Contact Phone: 1-252-916-2045 Party/Vendor Address: 712 Summit Ave City Kinston State: NC Zip: 29212 Department: AMS Amount: 6135.00 Purpose: Justice Facility VCT Epic Coating Budget Code(s): 10240520-630000 Vendor # 65544 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 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: 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 sufficie ncy 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 Sherri Ingersoll upon completion: singer soll@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: C3002DBA-4BD7-42B8-8770-C7716BF90543 3/1/2022 3/2/2022 3/11/2022 3/14/2022 50% of Proposal Due Before Work is Scheduled Deposit Due Sales and Use Tax (if applicable) $ 0.00 Terms: Net 20 Days Total $ 0.00 Corporate Office:712 Summit Ave, Kinston, NC 28501 South Carolina Office: 7001 St Andrews Road, #370, Columbia, SC 29212 Phone: 1-866-327-4600 Fax: 1-252-376-1452 Orange Co - Justice Facility VCT Epic Coating _Various Areas Pricing is based on completing each area listed above in a single mobilization. Sales and Use Tax will be added once a final scope of work is determined. Freddy Brooks Orange County Public Works 600 Highway 86 North Hillsborough, NC 27278 Phone:919-245-2636 Fax:919-644-3043 Email:fbrooks@orangecountync.gov Date: Feb 18, 2022 11:41 AM Rep.: Brad Albritton Cell : 252-916-2045 Email: brada@tilerestorationinc.com Units Process Description of Area Price Per Price 1 460 Ultra Durable Epic Urethane Battle Court Room Ground Floor Hallway and Stairwell Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes: -Strip and clean VCT flooring -Application of EPIC Urethane (1 coat) $ 3,215.00 $ 3,215.00 1 460 Ultra Durable Epic Urethane Clerk Break Room Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes: -Strip and clean VCT flooring -Application of EPIC Urethane (1 coat) $ 920.00 $ 920.00 1 460 Ultra Durable Epic Urethane Steps and Landings from Ground Floor to 1st Floor Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes: -Strip and clean VCT flooring -Application of EPIC Urethane (1 coat) $ 1,000.00 $ 1,000.00 1 460 Ultra Durable Epic Urethane Steps and Landings from 1st Floor to 2nd Floor Labor and Materials for EPIC Urethane Application to VCT Flooring. Pricing Includes: -Strip and clean VCT flooring -Application of EPIC Urethane (1 coat) $ 1,000.00 $ 1,000.00 1 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 A fee of 3% will be added for all all Credit Card transactions Please Remit All Contracts, PO's and Payments To: TRI Solutions, Inc. 712 Summit Avenue, Kinston, NC 28501 By signing this proposal; I acknowledge that I have read and accept the terms and conditions contained herein. Name_________________________________________________DATE___________________ Proposal Valid for 30 Days Delivery to Job and Installation is included. You have three (3) days from the date of our agreement to cancel this order. If you wish to cancel after the 3 days you will be responsible to pay some or all of the total price. Materials are specific to each job application. A deposit is required prior to the scheduling of each project. Standard warranty offers a full (1) year warranty on materials and labor from date of purchase according to Terms and Conditions. Warranty will provide replacement of material and needed labor in the event that TRI Solutions Inc materials prove defective and provided materials are installed in strict compliance by Certified TRI Solutions Inc installation technicians. Samples are only representative of what will be installed in your project. Improperly cured or prepared subfloor which is specified in your new construction along with the subfloor being level, structurally sound, free of residual solvent(s), moisture free and fully cured is the responsibility of the General Contractor, Construction Company or the Project Superintendent. All services guaranteed as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from this proposal involving extra costs will be executed only upon written orders and will become an extra charge over and above the proposal. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance. Evidence of Insurance will be provided upon request. Any special requirements or endorsements may incur additional charges. We do not waive any rights of subrogation against the contractor or owner for any loss covered by insurance of any type. Notwithstanding the foregoing, in no event will TRI Solutions Inc be responsible for damages due to delays beyond TRI Solutions Inc’s reasonable control. TRI Solutions Inc warrants and guarantees that all materials and equipment furnished shall be new unless otherwise specified, and that all Work will be of the specified quality, free from faults or defects in materials or workmanship, and in accordance with requirements. All TRI Solutions Inc services require a minimum of 72 of cure time before they can be exposed to moisture. If this timeline is not adhered to the customer takes full responsibility for any damage or performance issues that may result. Epoxies chalk and yellow with age extended exposure to UV and artificial lighting. Lack of ventilation, incomplete mixing, miscatalyzation or the use of heaters that emit carbon dioxide and carbon monoxide during application and initial stages of curing may cause amine blush, possibly affecting the adhesion of subsequent topcoats. TRI Solutions Inc will take all precautions to protect adjoining flooring, walls, materials etcetera from exposure to water and/or chemicals. Any damage that may occur from contact from water and/or chemical is not the responsibility of TRI Solutions Inc. or its staff. Pricing subject to change when additional cost and/or requirements need to be met on behalf of TRI Solutions for vendor approvals and/or project award. TRI Solutions Inc marketing will send periodic email communication informing you of various service offerings. At any time you wish to stop receiving this information you may opt-out from within the email received or contact our office. I hereby give TRI Solutions Inc. authorization to do the work specified and payment will be made as outlined above. Suspending Services for Non Payment. If the client, other than as allowed by the Contract or other than due to the fault of TRI Solutions Inc, fails to pay TRI Solutions Inc undisputed amounts due within thirty (30) days after the time that such amounts are due to be paid, TRI Solutions Inc may, upon seven (7) additional days’ written notice to the client, stop the Work until payment of such undisputed amount is paid. The Contract Time and Contract Sum shall be extended appropriately to reflect TRI Solutions Inc reasonable costs of shut-down, delay, and start-up. Standard of Care. It is agreed that TRI Solutions Inc expressly disclaims all express or implied warranties and guarantees with respect to the performance of professional services, and it is agreed that the quality of such services shall be judged solely as to whether TRI Solutions Inc performed its services consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”) Limitation of Damages. Neither party shall be liable to the other party for lost revenues, lost profits or other incidental, indirect, special, consequential, or exemplary damages in connection with this Agreement or performance hereunder, whether or not a party has been advised by the other party of the probability of such damage or loss, whether such damage or loss arises in contract, tort, including negligence, strict liability or otherwise. The Contractor, Owner, or End-users sole remedy under this Agreement for any Products, Services, or Labor that fail to conform to the applicable Specifications or otherwise for TRI Solutions breach of this Agreement shall be the repair or replacement of the Products, Services or a refund of the amount actually paid to TRI Solutions by Contractor, Owner, or End User for specific Product or Services provided. Claims for damages of any nature whatsoever pursued under this Agreement shall be limited to direct damages only up to the aggregate amount of contract disbursed as of the time the dispute arises. Limited Warranty Ultra Durable Floors warrants that, for a period of twelve (12) months, after application by Certified Contractor, the Products will (i) conform to industry standards, (ii) be fit for the purpose for which they were designed; (iii) meet the requirements of all applicable law. Any statements, representations, warranties, or advertisements made by a Certified Contractor concerning the products shall be its sole responsibility. This warranty does not include defects or nonconformity to the extent it is caused by misuse, mishandling, misapplication or modification by Certified Contractor. Warranted products include Epic gloss, Epic satin either with or without Epic Bond Promoter. Floor surfaces must be clean of any existing finishes, dirt, grease, grime, and any other contaminants. Surfaces must have a neutral ph at the time of application. Floor must also be completely dry. Moisture readings should be taken before and after the preparation process on porous floors (especially concrete and cement based terrazzo) to ensure that it is completely dry prior to an Epic application. Product must be installed within 60 days of the batch date listed on each Part A container. If product is more than 60 days past the batch date, contact your product supplier for a shelf life additive or to replace the product prior to use. Product contents must be inspected prior to application. Stir Part A prior to adding part B. Do not use if Part A has any hard settled material on the bottom of the bucket. Do not use part B if there is any crystallization or film on the surface of the product. Do not mix and use products that have leaked to ensure the ratios of A to B are correct. Always keep product stored at temperatures between 50 – 80 degrees. Ensure that all components are at room temperature (60-75 deg) prior to mixing and applying the product. Purchaser must notify Ultra Durable Floors of any claims within 14 days from the date when the purchaser becomes aware of any issues. Ultra Durable Floors will replace nonconforming or defective Products within thirty (30) days after notice thereof. Ultra Durable Floors will be responsible for the cost of replacement of such nonconforming or defective Products. Ultra Durable Floors and Certified Contractor will cooperate to conduct a failure analysis process to determine the cause of failure in the Products. There are no warranties which extend beyond those expressly stated heretofore. Exclusions The following are not covered by this warranty: • Scratching. It is highly recommended that Customer implement protective pads or urethane-tread casters on furniture and fixtures that may cause damage to floors. • Differences in appearance between Products and photographs or samples. • Indentation from improper loading including high heels, spiked shoes, rolling loads, dragging loads, chairs, equipment or other furniture not using floor protectors. • Discoloration or degradation due to improper use of chemical cleaners or mechanical cleaning procedures. There are no warranties which extend beyond those expressly stated heretofore. 2 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 12/30/2021 Jake A Parrott Insurance Agency Inc 2508 N HERRITAGE STREET PO BOX 3547 KINSTON NC 28502 Martha Aycock, AAI, CISR (252) 523-1041 (252) 523-0145 mparrott@parrottins.com TRI SOLUTIONS INC DBA TILE RESTORATION 712 SUMMIT AVE KINSTON NC 28501-3134 EMPLOYERS MUTUAL CASUALTY CO 21415 ACCIDENT FUND INSURANCE CO OF AMERICA 10166 EMC INSURANCE COMPANIES 2022-2023 MASTER A Y Y 5D86997 01/01/2022 01/01/2023 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A Y Y 5E86997 01/01/2022 01/01/2023 1,000,000 Medical payments 5,000 A 5J86997 01/01/2022 01/01/2023 2,000,000 2,000,000 B N Y WCV6152738 01/01/2022 01/01/2023 1,000,000 1,000,000 1,000,000 C INLAND MARINE/INSTALLATION FLOATER 5C86997-23 01/01/2022 01/01/2023 CATASPHE- JOB LT 57,000 DEDUCTIBLE 500 ORANGE COUNTY IS INCLUDED AS AN ADDITIONAL INSURED AS PERTAINS TO GENERAL LIABILITY, ON A PRIMARY & NON-CONTRIBUTORY BASIS, INCLUDING PRODUCTS & COMPLETED OPERATIONS, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. ORANGE COUNTY IS LISTED AS AN ADDITIONAL INSURED AS PERTAINS TO AUTO LIABILITY, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. WAIVER OF SUBROGATION IN FAVOR OF ADDITIONAL INSURED APPLIES TO GENERAL AND AUTO LIABILITY AND WORKER'S COMPENSATION, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. EXCLUDED OFFICERS IN WORKER'S COMPENSATION COVERAGE: DAVID ALBRITTON & CHARLES ALBRITTON III. ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98)Copyright, Insurance Services Office, Inc., 1984 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543 01/01/2022 WCV6152738 TRI SOLUTIONS INC. dba TILE RESTORATION Accident Fund Ins Co of America DocuSign Envelope ID: C3002DBA-4BD7-42B8-8770-C7716BF90543