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HomeMy WebLinkAbout2025-178-E-AMS-Armor Tuff-Provide and instal armor tuff flooring Efland EMSRevised 01/24 1 [Departmental Use Only] TITLE EMS Floor FY 2024-2025 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 2nd day of May, 2025, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Armor Tuff, LLC, (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): Armor Tuff Flooring 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: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 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) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. 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. 3. Basic Services Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Prep the existing flooring, supply and install tiles, install two part adhesive, install over drains with perforations, edging for bay doors, edging for walk thru doors, line - all work per proposal dated April 15, 2025. 4. Duration of Services a. Term. The term of this Agreement shall be from May 2, 2025 to June 30, 2025. 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 May 2, 2025. 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 Seventeen Thousand, Six Hundred Seventy-Seven Dollars ($17,677.00). 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 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. Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 4 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 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. 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 Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 5 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. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. 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: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 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 Orange County 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 or 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 or 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. 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 Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 7 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:A. Barnes Armor Tuff, LLC P.O. Box 8181 PO Box 446 Hillsborough, NC 27278 Florham Park, NJ 07932 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Revised 01/24 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: _________________________________ Travis Myren, County Manager By: __________________________________ Printed Name and Title Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Vincent DeRienzo Managing Member 5/2/20255/7/2025 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Armor Tuff, LLC Vendor Contact Person: Vincent DeRienzo (armortufftiles@gmail.com) Phone: 908-917-7697 Address: PO Box 446 City Florham Park State: NJ Zip: 07932 Department: AMS Amount: $17,667.00 Purpose: Provide and instal armor tuff flooring Efland EMS Budget Code(s): 61750035-880000-17000 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 05/02/2025 End Date 06/30/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 17000) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D 5/2/2025 5/5/2025 5/6/2025 5/6/2025 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 April 29, 2025 Orange County Attn: Risk Management 200 S CAMERON ST HILLSBOROUGH NC 27278-2505 Account Information: Policy Holder Details :Armor Tuff, LLC DBA Armor Tuff Tiles Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/29/2025 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 be endorsed.If SUBROGATIONIS 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). PRODUCER WORLD INS ASSOC LLC/PHS 13655937 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Armor Tuff, LLC DBA Armor Tuff Tiles PO Box 446 FLORHAM PARK NJ 07932-0446 INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS A COMMERCIAL GENERAL LIABILITY X 13 SBA AN2CDY 09/02/2024 09/02/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A Data Breach - Defense & Liab Covg 13 SBA AN2CDY 09/02/2024 09/02/2025 Limit $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. The Business Liability Coverage Part includes Orange County, its officers, official agents, and employees as Blanket Additional Insured By Contract Endorsement, Form SL 30 32. CERTIFICATE HOLDER CANCELLATION Orange County Attn: Risk Management 200 S CAMERON ST HILLSBOROUGH NC 27278-2505 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Angel Barnes, Capital Projects Manager April 15, 2025 Orange County EMS & Medical 306 Revere Road Hillsbourough, NC 27278 ARMOR TUFF 7 MM COIN PATTERN TILES APPARATUS BAYS • Grind or Etch apparatus bay floor to ensure tile adhesion. • Supply & Install tiles in BLACK in the apparatus room. • Supply & Install 2-part adhesive in all rooms. • Supply & Install tiles directly over drains without adhesive and with perforations. • Supply & Install edging for bay doors. • Supply & Install edging in for walk through doors. • Supply & Install two back up line stripes in yellow in apparatus bay with hash marks. • Supply & Install Company LOGO at No Charge. Supply & Install for the total Job – $17,677.00 – Delivered With your order you will receive at “NO CHARGE” your fire company logo printed on four tiles measuring 38” x 38” to be placed at owner’s request. Artwork to be supplied by customer in a HIGH-RESOLUTION PDF or EPS file. If artwork cannot be supplied as requested, we can provide artwork set up for an additional $300.00. Please sign and date both pages of this quote and return with a Municipal Purchase Order or a deposit check for 50% of the total amount made payable to: “Armor Tuff, LLC”. Balance due on the day of completion. Please note: Items in this section may or may not apply to your station. Existing surface other than bare concrete may have to be removed. These surfaces include epoxy, paint, quartz/resin floors, epoxy floors, tile, mastic, sealers, oil and grease. There may be an additional charge for providing floor preparation services. Pricing based on thickness of existing floor surface to be removed. If necessary, travel and lodging expenses are to be paid for by customer with installer’s receipts if necessary. Labor quoted with prevailing wage rates. Quote valid for 30 days. Accepted: ___________________________________________Date: ________________________ “LIFETIME WARRANTY” Armor-Tuff Flooring ~ PO Box 446 ~ Florham Park, NJ 07932 ~ 908-917-7697 Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D Page 2 ARMOR TUFF JOB EXCLUSIONS & CONTRACT 1. Armor Tuff tiles can only be adhered to clean, dry, bare concrete. Armor-Tuff cannot and will not be responsible for adhesion to non- bare concrete surfaces. Failure of underlying sub surface due to degradation, spalling, floor disintegration, rusting, etc. is excluded from warranty. Previously applied coatings, underlayment’s, patches, skim coats, epoxies, quartz type floors or similar surfaces are not covered under warranty . There is no warranty on the back up line striping. 2. A representative may be sent to measure the quoted rooms. The quotations may vary as per the final measurements. 3. If tiles are installed over any of the above-mentioned surfaces and a failure does occur, Armor Tuff will not be held liable for floor not adhering to the underlying floor. 4. Failure to use Armor-Tuff approved adhesive voids warranty. 5. Pricing includes 10% overage/safety factor for cutting & trim waste. For designer series & hidden joint tiles, 20% will be ad ded. 6. Floor surface to be scrubbed & degreased prior to installation. Additional charges will apply for Armor-Tuff installers to perform this task. 7. Floor to be fully clear of equipment, fire gear and anything that would impede the installation. Additional charges will apply for Armor-Tuff installers to perform this task. 8. Armor-Tuff is not responsible for marking and scuffing of tile surface. Floor colors chosen other than ‘black’ can mark or become d iscolored from tire compound additives. 9. Armor-Tuff is not responsible for hydrostatic pressure or excess moisture in a floor which can cause floor failure. Customer is res ponsible for performing a moisture test with Armor-Tuff supplied moisture test kits or supply certified moisture test results from a field-testing service. There is a $100.00 charge for kits supplied by Armor Tuff and credited toward your purchase. Labor warranty cannot be issued without a moisture test pr ior to the installation. 10. In the unlikely event of Armor-Tuff tiles needing replacement on an in-warranty basis, Armor-Tuff is not responsible for shade variations between supplied and current batches of tiles. Shades/colors can vary from batch to batch. It is recommended that customer inventories extra tiles from the installation batch / dye lot. 11. Any return trip because of a floor that was measured improperly by the client and supplied to Armor-Tuff to prepare our quotes and selling prices or additional work to be performed which results in the installer not having enough tiles or materials to complete the job due t o incorrect, or wrong information being supplied by customer will result in a return trip charge along with an extra material charge needed to comp lete the installation. 12. All client personnel must stay clear and out of the way of our installers and to keep the floor free from traffic during the installation. 13. Supplied logos are to be installed in light/foot traffic areas only and not vehicular traffic. Damaged logo tiles or logos are not covered under the warranty. 14. Customer must supply ‘high resolution’ EPS or pdf type files for logo tiles. If proper usable files are not supplied, artist subcontract fee of minimum $250 minimum for re-drawing logo. Our warranty does NOT cover the Logo and must be treated as if it could be damaged. 15. Travel expenses for Armor-Tuff Installers (air, auto expenses, motels, meals, etc.) shall be reimbursed unless otherwise agreed to in advance in writin g. 16. Armor Tuff, LLC has permission of the authorized signer of this contract and the expressed right to use any pictures taken du ring and after the installation of the work performed by our staff for marketing and advertisement purposes. 17. All disputes that are a result of this contract will be argue and decided in the Morris County Court system in the State of NJ. 18. There is a fee of $395.00 to visit and measure a stations floor. This fee will be credited on the purchase of a new Armor Tuff Tile floor. 19. Customer-measured floors are represented to be level within ¼” and to not ‘puddle’ water. Floors requiring leveling repair, labor and materials are additional charge unless otherwise noted above and are limited to 50 square feet. Additional charge for above. 20. Quote valid for 30 days. 21. This quote is based on non-prevailing wage/union rates. If the project requires prevailing union wage rates, additional charges to be applied and invoiced. 22. Customer agrees to the terms set forth on page one and two of this contract. This Agreement and its performance shall be governed by the laws of the State of NJ. All disputes that are a result of this contract will be argued and decided in the Morris County Court System in the State of NJ. Should any provision of this contract be invalidated in whole or in part by any competent authority, such provision shall continue in ef fect only to the extent permitted, however, the remaining provisions shall remain in full force and effect. 23. Customer acknowledges that any replacement of tiles after attic stock is depleted, colors may vary in shades. 24. For self-installations – Full payment must be received before product is shipped. 25. For Armor Tuff Installations – A 50% deposit before product is shipped and balance due at the time of completion. 26. Customer agrees to allow Armor Tuff, the use of pictures, comments, or quotes in their advertisements and on their web site. 27. Customer is responsible to complete a survey form and submit a diagram of the floor area to be installed. Failure to do so voids any responsibility of Armor Tuff due to mistakes or unforeseen problems due to not having the proper information to complete the job. 28. Black tiles installed in front of bay doors may vary from 5 to 7 tiles depending on the width of the walls between bay doors. 29. Fading of color tiles may occur if exposed to extended sunlight. 30. Customer is responsible to provide 50 AMP, 3-phase electric, or a generator with the same output to operate the grinding machines if necessary. Customer is to supply a dumpster or appropriate containers for disposal of ripped up quartz, epoxy, tiles, concrete & debris. 31. For exposed drains standard edge molding results in approx. 3/16" high raised edge at drains. Flush Fitted Drain molding avai lable at additional charge of $10.00 per lineal foot of perimeter. Minimum charge for fitting of flush drain molding $200.00. 32. Invoices not paid in full within 30 voids warranty. 33. Payment due at time of completion. Payments received beyond 10 days voids warranty. This excludes punch list items to be abat ed. 34. Armor Tuff will not be responsible for tiles that become loose due to the moisture content in the station’s floors. 35. Additional Tiles will be delivered to the jobsite for backup of more than the anticipated cuts and waste. These additional ti les will be returned to Armor Tuff minus any attic stock needed. 36. There will be an additional charge of $150 per hour portal to portal for installers to return to install a logo due to custom er not providing artwork in a timely manner. 37. There will be an additional charge for installers to return due to any change orders, regardless of the size and scope of the additional work. Additional charges of $150 per hour portal to portal will apply for labor. Charges for materials and freight both ways apply if applicable. 38. Items stated above are subject to change dependent on conditions. Accepted & Approved: ____________________________________________________Date: _______________________ “LIFETIME WARRANTY” Armor-Tuff Flooring ~ PO Box 446 ~ Florham Park, NJ 07932 ~ 908-917-7697 Docusign Envelope ID: AC23B7F7-345F-4611-801D-B10BD94C462D