HomeMy WebLinkAboutContract CAG-19-256
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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the ,) day of X% 7 , 2019, (the "Effective
Date") by and between the City of Renton, a non-charter code ci't Y under RCW 35A, and a
municipal corporation under the laws of the State of Washington ("Renton"), through its
Community Services Department and Egis Floorlife , ("Contractor"), LLC, who are collectively
referred to as the "Parties", to Refinish the Renton Recreation Center Gym floor. Renton and
Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment "A."
2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than 30 calendar days after the Agreement's Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 120 days from the Effective Date.This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of $14,850.0 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7. Method of Payment: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoice is submitted in a form acceptable
to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton
Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly).
The remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. Renton shall have the right to withhold payment to
Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys'fees, legal expenses and litigation costs,arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor's own employees, agents and
volunteers, or damage to property caused by Contractor's negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
contractor and Renton, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of$1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
d. It is agreed that on Contractor's commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton's
insurance policies shall not be a source for payment of any Contractor liability.
e. Subject to Renton's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f. Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
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PAGE 2 OF 6
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Contractor agrees as follows:
a. Contractor, and Contractor's agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color,sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c. If Contractor fails to comply with any of this Agreement's non-discrimination
provisions, Renton shall have the right,at its option, to cancel the Agreement in whole
or in part.
d. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result,shall not
be entitled to any coverage or benefits from the City of Renton. Contractor's relation to
Renton shall be at all times as an independent contractor. Any and all Workman's
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
12. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
Rom, Q?
PAGE 3 of 6
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three(3)calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton's prior express written consent.
d. Compliance with Laws. Contractor and all of the Contractor's employees shall perform
the services in accordance with all applicable federal, state,county and city laws,codes
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
e. Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
PAGE 4 OF 6
f. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
I. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
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PAGE 5OF6
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON CONTRACTOR
By: By: \
Kel y Beymer 1a es Remmel
Community Services Administrator E Is Floorlife LLC
1055 South Grady Way
Renton, WA 98057 //�
Date Date
Approved as to Legal Form
By:
Shane Moloney
City Attorney
Contract Template Updated 06/10/2019
PAGE 6 OF 6
ATTACHMENT
A
/'� Attachment A
Eis
FL O O R L I P E 3710 BEECHMONT COURT,CINCINNATI, OHIO 45226
PHONE (513) 61 9-6172 FAx(51 3)871-7998
Egis Floorlife Performance Agreement Renewal
Egis Floorlife LLC renews this agreement with Renton Community Center(1715 Maple Valley Highway,
Renton,WA 98055)with the listed services,provided through Greater Seattle Floors,Inc.(Egis
Authorized Dealer)for the recreational floor(s)located at Renton Community Center,1715 Maple Valley
Highway,Renton,WA 98055.(Exhibit A)
Effective Date: August 10,2019 This proposal is valid for 30 days from
Expiration Date: August 8,2020 April 3, 2019
Price for the year of this agreement is: $13,500.00
Pricicng does not include taxes if applicable
Egis Floorlife LLC agrees to provide:
• Complete recoating with 2 coat(s)of SuperSport Finish finish to meet your schedule, providing you with the
proper products,and applied by a professional team; and any additional work detailed at Exhibit B.
• Guarantee the floor will perform as installed,with proper appearance(Robbins[Exhibit C] and Service Provider
[Exhibit D]warranties extended for each year this agreement is renewed).
• Consultation with facility staff to ensure complete satisfaction with the services provided.
• Factory-certified installers and finishers.
• Maintenance training for the facility staff,and instructions on how to protect your investment.
• An annual supply of 4 pails of Bona Sport&Commercial Cleaner Concentrate.
• One pre-scheduled inspection(s)of the floor,facility and maintenance during the year.
• With annual renewals, recoating with 2 coat(s)of SuperSport Finish finish to meet your schedule, providing you
with the proper products,and applied by a professional team.
• With the 10th renewal, sand, paint same graphics as on the floor now, seal with 1 coat(s) of SuperSport Seal and
finish with 3 coats of SuperSport Finish finish at the same renewal price unless the finish and seal is changed
within the 10 year program(increases limited to cumulative annual increases of Producer price Index and cost
difference of finish&seal if changed during agreement).
• Limited,gratis repairs of normal'wear and tear'damage.
• Technical support regarding activities or conditions outside normal.
• This agreement is renewable annually. Any cost increases will not exceed the Producer price Index data published
by the U.S. Department of Labor. The Floorlife Performance Program is provided on an annually renewable basis
to ensure you are satisfied with the service you receive.
Facility Owner agrees to:
• Pay fee .with five(5)d�r f-tti dat ( ) , d
� i
• Allow final finish coat to dry a minimum 72 hours before use.
• Have only Greater Seattle Floors, Inc. perform agreed to services and repairs to the floors(s).
• Use only products supplied or approved by Egis Floorlife LLC and for maintenance and recoating of the floor(s).
• Comply with maintenance procedures provided by Egis Floorlife LLC and the Egis Authorized Dealer.
• Provide access to the facility for delivery of services and inspections at the agreed-to dates.
• Ensure the Environmental Conditions Monitor remains as placed by Egis Floorlife LLC.
• Maintain proper temperature and relative humidity conditions within the facility(see consultation).
Athletic Director
Signature Renton row,,,„ n•t.,Center lie
L3 'a.M tlPX President 4/15/19
Signature Greater Seattle Floors,Inc. Date
General Manager/NSM 4/3/2019
Signature Egis Floorlife LLC Date
EgisPlatinumPlus 0510
Egis Floorlife Agreement(Platinum Plus)
EXHIBIT A
To Floorlife Performance Agreement
I. THE FLOOR:
Facility: Renton Community Center
Address: 1715 Maple Valley Highway, Renton, WA 98055
Flooring System: Gymnasium Square Footage: 12,276
Installation Date: August 10, 2019
Representative: John Mellinger
II. MANUFACTURER:
Manufacturer: Robbins Inc.
Address: 4777 Eastern Avenue,Cincinnati,OH 45226
Manufacturer's Warranty, if any, is attached as Exhibit B.
III. INSTALLER:
Installer: Greater Seattle Floors, Inc.
Address: 114 South Findlay Street,Seattle WA 98108
Installer's Warranty, if any, is attached as Exhibit C.
IV. Egis Floorlife LLC
3710 Beechmont Court,Cincinnati,OH 45226
Egis Floorlife Agreement(Platinum Plus)
EXHIBIT B
To Floorlife Performance Agreement
Additional Services
Facility Scope Date Price(part of Total)
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
.i.
%/)(%
O,)
Egis Floorlife Agreement(Platinum Plus)
EXHIBIT C
To Floorlife Performance Agreement
Robbins,Inc. ('Robbins'),an Ohio corporation, hereby extends the previous warranty for the material installed at
Renton Community Center('the material')to be free from manufacturing defects for an additional one year beginning
on:
August 10, 2019
This Warranty does not cover damage to the material caused in whole or in part by accident,circumstances
beyond Robbins'control material by anyone other than Robbins without the prior express written consent of Robbins,
settlement of the building walls,failure of other contractors to adhere to specifications,separation of the concrete slab,
mechanical failure, failure to maintain proper temperature and humidity in the facility,excessive dryness,or excessive
moisture from humidity,spillage, migration through the slab or walls,or any other source(the'excluded conditions').
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,WHETHER ORAL,WRITTEN, EXPRESSED,IMPLIED OR
STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,AND OF ANY OTHER OBLIGATION ON THE PART OF ROBBINS. Robbins makes no warranty or
representation that the material complies with the requirements of federal,state,and local laws and/or industrial codes,
or any other warranty or representation, express or implied, not specified herein. Any and all representations or
warranties by Robbins or any other party that differ in any manner from the terms of this written Warranty shall be of
no force or effect.
This Warranty completely and exclusively states the obligation of Robbins for any breach of this Warranty. If this
Warranty is breached, Robbins' liability for such breach shall be limited to either repairing the defective material or
replacing the defective material supplied by Robbins,at Robbins'option. In no event shall any breach of this Warranty
render Robbins liable for any other damages of any kind,whether special,direct, indirect, incidental,consequential, or
of any other sort,associated with the use of or the inability to use the defective material. In no event shall Robbins be
obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by the buyer without
the prior written consent of Robbins to such repairs. Robbins'obligation under this Warranty shall be contingent upon
the receipt by Robbins before the end of the Warranty period of a written notice of a claimed defect from the buyer,
and proof to Robbins'satisfaction that the material is defective in manufacture and was not subjected to any of the
excluded conditions. If Robbins shall elect to replace material proven to be defective, it shall not be
responsible for any labor charges of any kind either in the reinstallation of the material or in the dismantling of the
defective material; rather,the obligation of Robbins shall be limited to delivering replacement material to the building
site in question.
Robbins,Inc.
4777 Eastern Avenue
Cincinnati,OH 45226
Date: August 10, 2019
By:
Title:
Egis Floorlife Agreement(Platinum Plus)
EXHIBIT D
To Floorlife Performance Agreement
The undersigned Installer(the'Installer') hereby warrants for a period of one year that the installation of the
material at (the'material')will be free from installation defects, beginning:
August 10, 2019
This Warranty does not cover material. Furthermore,this Warranty does not cover problems with the installation
caused in whole or in part by accident,circumstances beyond the Installer's control, neglect, negligence, ordinary wear
and tear,abuse, use for which the material is not designed,faulty construction of the building(s) in which the material
is installed,failure to comply with recommended maintenance instructions, repair or alteration of the material by anyone
other than the Installer without the prior express written consent of the Installer,settlement of the building walls,
failure to maintain proper temperature and humidity in the facility, excessive dryness, or excessive moisture from
humidity, spillage, migration through the slab or walls,or any other source(the'excluded conditions').
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,WHETHER ORAL,WRITTEN, EXPRESSED, IMPLIED OR
STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The Installer makes no
warranty or representation that the material complies with the requirements of federal,state,and local laws and/or
industrial codes,or any other warranty or representation, express or implied, not specified herein. Any and all
representations or warranties by the Installer or any other party that differ in any manner from the terms of this written
Warranty shall be of no force or effect.
This Warranty completely and exclusively states the obligation of the Installer for any breach of this Warranty. If
this Warranty is breached,the Installer's liability for such breach shall be limited to repairing the installation errors. In
no event shall any breach of this Warranty render the Installer liable for any other damages of any kind,whether
special,direct, indirect, incidental,consequential,or of any other sort,associated with the use of or the inability to use
the improperly installed material. In no event shall the Installer be obligated to pay for or otherwise assume the
responsibility for repair work ordered or performed by the buyer without the prior written consent of the Installer to
such repairs. The Installer's obligation under this Warranty shall be contingent upon the receipt by the Installer within
the Warranty period of a written notice of a claimed defect from the buyer,and proof to the Installer's satisfaction that
the installation was improper and that the claimed installation problem was not caused by one or more of the excluded
conditions.
Date: August 10, 2019
By: 3ecca,M 1,LCP,v
Title: President
Greater Seattle Floors, Inc.
114 South Findlay Street, Seattle, 98108
Egis Floorlife Performance Agreement
Terms and Conditions,page 1 of 2
Section 1. Definitions. Initially-capitalized terms not workshop with the Facility Owner's maintenance staff to
otherwise defined in this Agreement shall have the meanings set forth outline and review the proper maintenance procedures.
below. Additional training may be provided during periodic
Authorized Dealer An organization authorized by Egis inspections if requested in advance by the Facility Owner at a
Floorlife LLC to install and service maple sports flooring under negotiated fee.
the Egis Floorlife Performance Program. 3.3 Periodic Inspections. The Authorized
Covered Repairs:Minor repairs that can be completed in Dealer will perform three inspections of the Floor and Facility
one hour or less. Owner's maintenance procedures prior to the scheduled
annual Prep and Recoat to assess additional remedial work
Defect:A deficiency in the material that does not comply requirements.
with industry or product standards.
3.4 Annual Inspection. The third
Egis Floor/ire LLC:An Ohio limited liability company inspection under Section 3.3 will be an annual inspection
organized for the purpose of providing the Floorlife performed by the Authorized Dealer prior to the scheduled
Performance Program. annual Prep and Recoating.Such inspection will include an
Facility Owner The person or group of persons ultimately inspection of the general condition of the Floor,including wear
owning the facility for which the contract is in force. characteristics,maintenance,structural integrity,critical
Floor A new or complete renovation construction of a performance checks,and an assessment of additional
Robbins specified maple hardwood flooring system using remedial work requirements.
BonaKemi finish,paint,and cleaning products,installed by a 3.5 Annual Prep and Recoat. Beginning
Robbins/BonaKemi Certified Installer. with the second consecutive Term of this Agreement,and with
each subsequent consecutive Term,the Authorized Dealer will
Floor-life Performance Agreement:A annually-renewable
contract by and between Egis and the Facility Owner perform an annual Prep and Recoat of the Floor. Each tenth
extending original manufacturer and installer warranties Term,the Floor shall receive a Sand and Refinish instead,as
coverage for up to 40 years. provided in Section 3.7.
Floorlife Performance Program. The integrated 3.6 Covered Repairs. In coordination
with the inspections,annual Prep and Recoat,and Sand and
combination of ongoing maintenance,annual recoating,
Refinish of the Floor,the Facility Owner will receive service for
regular inspections,and extended warranty protection through
any incidental repairs to the Floor,(e.g.scratches,reattaching
the Floorlife Performance Agreement,which provides a Facility
Owner with an independent arbitrator of complaints,a service loose vented cove base,etc.)by the Authorized Dealer's
program that is monitored on its behalf,and an economic technicians,up to one hour in the aggregate during the Term
benefit of providing the best overall total value for its Floor for ("Covered Repairs"). Covered Repairs will be completed at no
up to 40 years. charge to the Facility Owner. The Facility Owner will receive
priority service for any non-covered repairs,subject to the
Jobsite Check List:A standard listing of specific jobsite Authorized Dealer's prior commitments,at such market rates
conditions at the job site that must be documented by the as then charged by the Authorized Dealer.
certified installer and verified for its accuracy.
3.7 Refinishing. If this Agreement is in
Prep and Recoat:The process of preparing the surface of force for nine prior consecutive Terms,the Authorized Dealer
the floor with a conditioning pad and PREP,then coating with will provide a complete Sand and Refinish of the Floor every
BonaKemi finishes. tenth consecutive Term,unless such services are waived or
Post Installation Conference:A personal meeting with the deferred by the Facility Owner in writing. Any changes to
Facility Owner summarizing the installation data and review game lines and any existing logos may incur an additional
the service contract details. charge,with such changes and charges to be negotiated at
Producer Price Index(PPI):The PPI measures changes in
least thirty days prior to the Sand and Refinish.
the wholesale prices of finished good. The PPI is published by 3.8 Technical Support. EGIS will provide
the U.S.Department of Labor Bureau of Labor Statistics. or cause to be provided a toll-free hotline to answer any
questions or process any claims from the Facility Owner with Term:A"Term"is a one-year period from the date the
Agreement is placed in force or renewed. respect to the Floor.
Tri Annua/Inspection Report:A documented report of the 3.9 Maintenance Products. The Facility
Owner shall receive a one year supply of EGIS-approved conditions of the Floor and remedial work performed during
the 3 inspections annually. maintenance products. Such products shall include the
necessary materials for performing standard monthly
maintenance of the Floor,including,but not limited to,floor
Section 2. Term of Aareement. This Agreement shall be cleaner and buffer pads. Only products supplied or otherwise
deemed to be effective as between EGIS and the Facility Owner from the approved in writing by EGIS shall be used on the Floor.
Effective Date and continue for one year(the"Term"),unless earlier Section 4. Services to be Provided by the Authorized Dealer.
terminated by mutual written agreement or by EGIS's exercise of its rights The Facility Owner agrees that all annual Prep and Recoat,Sand and
under Section 9. This Agreement may be renewed prior to the expiration Refinish and repair services for the Floor shall be performed exclusively by
of a Term for up to thirty-nine additional Terms of one year each,by the the Authorized Dealer and other EGIS-approved entities.
mutual written agreement of EGIS and the Facility Owner. No refunds Section 5. Fees. The annual fees for the Services during the
shall be made by EGIS as a result of any expiration or termination. initial Term of this Agreement shall be as set forth in the Egis Floorlife
Section 3. Services. Subject to the timely payment by the Performance Program Agreement. The annual fees for the Services
Facility Owner of the fees set forth in the Floorlife Performance Agreement during any subsequent Term shall be as mutually-agreed. Price increases
attached hereto,EGIS shall arrange for an Authorized Dealer of EGIS (the from one Term to the next will reflect increases per the Producer Price
"Authorized Dealer")to perform the following services(the'Services") Index(PPI).
during each one year Term: Section 6. Cooperation and Access.The Facility Owner shall
3.1 Facility Owner Consultation. The reasonably cooperate with EGIS and the Authorized Dealer so as to
Authorized Dealer will set up a consultation with the Facility facilitate the Authorized Dealer's performance of the Services. Such
Owner to review all aspects of this Agreement,within five cooperation shall include but not be limited to providing access to the
days after installation of the Floor and the finish is cured. The Floor. Service calls will be made by the Authorized Dealer at the Facility
Authorized Dealer will furnish the Facility Owner with an during the Authorized Dealer's regular business hours.
installation fact sheet detailing climatic conditions,how to Section 7. Nonscooe Work. Work other than the Services
maintain climatic conditions,and the importance of controlling are outside the scope of this Agreement,and may be performed by the
the moisture environment of the Facility where the Floor is Authorized Dealer at such prices and terms as agreed by the Facility
located. Owner and Authorized Dealer.
3.2 Training of Facility Personnel. The Section 8. Warranties.
Authorized Dealer will train and coach the Facility personnel in
the proper techniques for maintaining the Floor. The 8.1 Manufacturer's Warranty. Provided the Facility
Authorized Dealer will provide a one hour maintenance Owner complies with the provisions of this
Egis Floorlife Performance Agreement .
Terms and Conditions,page 2 of 2
Agreement,continuing coverage for manufacturing defects
covered under the Manufacturer's Warranty attached hereto
as Exhibit B and made a part hereof,if any,shall be provided
by EGIS for each Term of this Agreement.
8.2 Installer's Warranty. Provided The
Facility Owner complies with the provisions of this Agreement, notice-of-suck;dispute. The final award of tho arbitrator(s)
continuing coverage for installation defects covered under the
Installer's Warranty attached hereto as Exhibit C and made a
part hereof,if any,shall be provided by EGIS for each Term of
this Agreement.
8.3 Fxrinsion.. Claims that are •
otherwise excluded under the Manufacturer's Warranty or the
Installer's Warranty are excluded under this Agreement as
well. In addition to those claims excluded under the 12.3 trio^n,^^ Thig e e
Manufacturer's Warranty or the Installer's Warranty,if any of e F
the following events shall occur,any claims with respect to n`"'. n'+Fr.IS their successors,assigns and legal
the Floor will not be covered under this Agreement:(i)the
Facility Owner fails to timely pay any fees under this
Agreement;(ii)the Facility Owner uses someone other than consent,
the Authorized Dealer or another EGIS-authorized entity to 12.4 Written Notice. Written notice shall
perform any repair or maintenance services on the Floor;(iii) be deemed to have been duly served if delivered in person to
the Facility Owner uses products on the Floor which are not the designated representative of the party hereto or to an
supplied or approved by EGIS; (iv)the Facility Owner fails to officer of the company for which it was intended,or if
comply with any recommended maintenance instructions delivered at or sent by certified mail or a nationally recognized
provided by EGIS or the Authorized Dealer;or(v)the Facility overnight courier service(which provides a receipt of delivery)
Owner fails to maintain proper temperature and relative to the address set forth on Exhibit A as such address may be
humidity conditions within the Facility(as discussed in changed from time to time by notice to the other party in
paragraph 3.1). accordance herewith.
£ect n..O Eve of r fa I« The Fac I'«
12.5
•
witiirer - n.th...cn1 .rr'tter_h"rof,'nds"persedesany
124
r(yciric''ry agreed-in writing
+ 7
f+ormnnnel and subcontractors arc not,nor shall they be
obligations-Pe
ere 'f- • TI, r 'I
h r«h' n
48 ff,ilaj^ !_IC shall n the
or a
•
Th^
•
Section t 9 Mic ellla FK
1
c "sss heyond the direct Control of EGIS("Force
la of fhe Sta ..f Oh h Majeure")sure'?
Pajeure delays or expenses shal
l
•
extend«he« e for pert r h f
C Oh f
9'
•
4-2.2
.48
o f—^'ha'—y, settl mutual agreement of ECIS
affect fhn ^ .
h