HomeMy WebLinkAbout21-0922 Shaw Integrated Solutions September 22, 2021 Agenda
Bid Item: #2 —Sourcewell Joint Purchasing Agreement — Flooring
Replacement ($86,070)
AGREEMENT
THIS AGREEMENT is dated this 22nd day of September, 2021, by and between the City
of Elgin, an Illinois Municipal Corporation (herein called "City") and Shaw Industries, Inc., d/b/a
as Shaw Integrated Solutions,a Georgia corporation authorized to do business in the State of Illinois
(herein called "Contractor"), a corporation with an address at Mail Drop 999, P.O. Box 208408,
Dallas,Texas 75320-8408.
WHEREAS, the City has requested and the Contractor has provided a proposal to provide
for certain replacement of carpeting and tile at the City's Centre of Elgin and Fire Station 6; and
WHEREAS, the Contractor has submitted a proposal for such work at the Centre of Elgin
dated August 12, 2021, consisting of two (2) pages, and at Fire Station 6 dated August 11, 2021,
consisting of two(2)pages,attached hereto as Attachment A(Collectively"Contractor's Proposal");
and
WHEREAS,the City Council has determined that it to be in the best interests of the City to
award the contract to the Contractor for the carpet and the replacement at the specified locations in
the referenced city buildings (hereinafter referred to as the "Work").
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified in the Contract Documents. The Work is generally
described as follows:
This project will generally be comprised of carpet and tile replacement at the city-owned
Centre of Elgin building at 100 Symphony Way, Elgin, Illinois, and at the city-owned Fire
Station 6 at 707 W. Chicago St., Elgin, Illinois. The scope of work is summarized in
Contractor's Proposal. In the event of any conflict between the terms in Attachment A and
the terms of this Agreement,the terms of this Agreement shall supersede and control.
Article 2. City Representative.
The City's Building Maintenance Superintendent shall act as City's representative.
Article 3. Work Completion,Liquidated Damages, Delays and Damages.
3.1. Work Completion. The Work shall be completed as provided in the Contract Documents.
Substantial completion shall be within 21.0 calendar days of written Notice to Proceed. Final
Completion shall be within 210 calendar days of written Notice to Proceed. In the event of any
conflict between these dates and dates elsewhere in the Contract Documents, these dates shall
prevail. Time is of the essence of this Agreement.
3.2. Liquidated Damages. Intentionally omitted.
3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion
of the Work or achievement of any Contract Times because of any delays caused by City or
Engineer, Contractor shall have no claim against City or Engineer for damages or contract
adjustment other than an extension of the Contract Times as provided herein and the waiving of
liquidated damages during the period occasioned by the delay. For purposes of this Article 3.3,
Contract Times is defined as the times specified in the Contract Documents.
Article 4. Contract Price.
City shall pay Contractor$86,070.35 as indicated in the Contractor's Proposal for completion of the
Work in accordance with the Contract Documents.
Article 5. Payments.
5.1. Payments. City shall make payments on the basis of Contractor's Applications for
Payment as recommended by the City's Building Maintenance Superintendent,in conformance with
the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the
Work measured by the schedules provided in the Contract Documents. Notwithstanding anything
to the contrary in any Contract Documents,City shall be entitled to withhold any payments pending
the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment
for all work performed by all subcontractors up to the date of Contractor's application for partial or
final payment in City's sole discretion. City shall further be entitled to make such payments directly
to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the
event City makes any such payments directly to any subcontractors, the amount of such payments
shall be deducted from the total amount due to Contractor pursuant to this Agreement; and
Contractor shall provide a written release to City in the amount of any such payments upon ten(10)
days written demand. Concurrent with all applications for payment, Contractor shall provide City
with a sworn certification of all work performed by all subcontractors and amounts paid to all
subcontractors as of the date of application.
5.2. Retainage. City may withhold, from all payments prior to Substantial Completion, an
amount equal to up to ten percent (10%) of work completed, at City's sole discretion. Upon
Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all
times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole
discretion. The time for payment of any retainage from City to Contractor shall be at City's sole
discretion. Such payment shall not be unreasonably withheld.
5.3. Final Payment. The City shall not be required to make final payment prior to
completion of the Work by the City.
Article 6. Contract Documents.
There are no Contract Documents other than those listed below. The Contract Documents which
comprise the entire agreement between City and Contractor concerning the Work consist of the
following:
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a. This Agreement.
b. Contractor's Proposal, attached hereto as Attachment A.
c. Attachment B. Intentionally Omitted.
d. Supplementary Conditions Regarding Insurance,attached hereto as Attachment C.
e. Attachment D. Intentionally Omitted.
f. City Forms attached hereto as Attachment E.
g. Certificates of Insurance.
h. Notice to Proceed.
i. The terms of Sourcewell Contract Number 080819-511. In the event of any conflict of
such Sourcewell Contract and the other Contract Documents and this Agreement, the
other Contract Documents and this Agreement shall supersede and control.
j. Any subsequent Written Amendments to any documents listed above and other
documents amending,modifying or supplementing the Contract Documents,which may
be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive
Agreement between the parties hereto. There are no other agreements between the parties hereto
either oral or written, and neither this Agreement nor any Contract Documents shall be modified or
amended without the written consent of the authorized representatives of the parties hereto.
Article 7. Prevailing Wage.
This Agreement calls for the construction of a "public work" within the meaning of the Illinois
Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires
contractors and subcontractors to pay laborers, workers, and mechanics performing services on
public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus
amount for fringe benefits) in the county where the work is performed. The Illinois Department of
Labor publishes the prevailing wage rates on its website at littp://Iabor.illitiois.gov/. The Illinois
Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an
obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates.
For information regarding current prevailing wage rates, please refer to the Illinois Department of
Labor's website. All contractors and subcontractors rendering services under this Agreement must
comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage
requirements and notice and record keeping duties.
Article 8. Affirmative Action.
The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the job
in question. Contractor shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written
commitment to comply with those provisions. Contractor shall distribute copies of this commitment
to all persons who participate in recruitment, screening, referral and selection of job applicants and
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prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin
Municipal Code, 1976, as amended, is hereby incorporated by reference,as if set out verbatim.
Article 9. Miscellaneous.
a. Intentionally omitted.
b. No assignment or delegation by a party hereto of any rights under,obligations or interests
in the Contract Documents shall be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but without limitation moneys
that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law);and unless
specifically stated to the contrary in any written consent to an assignment,no assignment
shall release or discharge the assignor from any duty or responsibility under the Contract
Documents.
c. City and Contractor each binds itself, its partners, successors, employees, assigns, and
agents to the other party hereto, its partners, successors, employees, assigns, and agents
in respect of all covenants, agreements, and obligations contained in the Contract
Documents.
d. The business address of Contractor is hereby designated as the place to which all notices,
letters, and other communication to Contractor shall be mailed or delivered,with a copy
of legal notices addressed to Shaw Industries, Inc., P.O. Box Drawer 2128, Mail Drop
61-28, 616 E. Walnut Avenue, Dalton, Georgia 30722, Attn: Corporate Legal
Department. The address of City is hereby designated as the place to which all notices,
letters, and other communication to the City shall be mailed or delivered. Such notices,
letters and other communications shall be directed to the City's General Services
Manager. Either party may change its address at any time by an instrument in writing
delivered to Engineer and to the other party.
e. The terms and provisions of this Agreement shall be severable. In the event any of the
terms or provisions of this Agreement shall be deemed to be void or otherwise
unenforceable for any reason,the remainder of this Agreement shall remain in full force
and effect.
f. This Agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes and the enforcement of any rights arising out of
or in connection with the Agreement shall be in the Circuit Court of Kane County,
Illinois.
g. This Agreement shall not be construed so as to create a partnership, joint venture,
employment or agency relationship between the parties hereto except as may be
specifically provided for herein.
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h. In the event of any conflict between any of the terms or provisions of this Agreement
and any other Contract Documents, the terms and provisions of this Agreement shall
control.
i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall
indemnify,defend and hold harmless the City,the Engineer, Engineer's consultants and
the officers, employees, boards and commissions ("Indemnitees") of each and any of
them from and against any and all claims, suits, judgments, costs, attorneys' fees,
damages or any and all other relief or liability brought by a third-party("Losses")to the
extent arising from any negligent acts or willful misconduct of Contractor or Contractor's
officers, employees, agents or subcontractors in the performance of this Agreement.
Notwithstanding the foregoing,Contractor's indemnification obligations hereunder shall
not apply to the extent (on a proportional basis) that any such Losses are proximately
caused by the negligence or willful misconduct of Indemnitees (whether sole, joint,
concurrent,contributory or comparative), as determined in a final judgment of a court of
competent jurisdiction. In the event of any action 'against the City, its officers,
employees, agents, boards or commissions covered by the foregoing duty to indemnify,
defend and hold harmless, such action shall be defended by legal counsel of City's
choosing. The provisions of this paragraph shall survive any expiration and/or
termination of this Agreement.
j. Compliance with Laws. Notwithstanding any other provision of this Contract it is
expressly agreed and understood that in connection with the performance of this Contract
that the Contractor shall comply with all applicable Federal, State, City and other
requirements of law, including, but not limited to, any application requirements
regarding prevailing wages, minimum wage, workplace safety and legal status of
employees. Contractor shall also at its expense secure all permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
Contract. The City shall have the right to audit any records in the possession or control
of the Contractor solely to the extent necessary to determine Contractor's compliance
with the provisions of this section. In the event the City proceeds with such an audit the
Contractor shall make available to the City the Contractor's relevant records at no cost
to the City. Without limiting the foregoing, Contractor hereby certifies, represents and
warrants to the City that all Contractor's employees and/or agents who will be providing
products and/or services with respect to this Contract shall be legally authorized to work
in the United States.
k. No Interest. Contractor hereby waives any and all claims to interest on money claimed
to be due pursuant to this Agreement, and all such rights to interest to which it may
otherwise be entitled pursuant to law, including,but not limited to,pursuant to the Local
Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1, et seq.),as amended.
1. Limitation of Actions. Intentionally omitted.
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in. Registration. Contractor hereby warrants and represents that it is registered with the
Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and
such entity further hereby warrants and represents that it is in good standing in the state
of its incorporation or organization.
n. Counterparts and Execution. This Agreement may be executed in counterparts, each of
which shall be an original and all of which shall constitute one and the same Agreement.
For the purposes of executing this Agreement, any signed copy of this Agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects as an
original document. The signature of any party on a copy of this Agreement transmitted
by fax machine or e-mail shall be considered for these purposes as an original signature
and shall have the same legal effect as an original signature. Any such faxed or e-mailed
copy of this Agreement shall be considered to have the same binding legal effect as an
original document. At the request of either party any fax or e-mail copy of this
Agreement shall be re-executed by the parties in an original form. No party to this
Agreement shall raise the use of fax machine or e-mail as a defense to this Agreement
and shall forever waive such defense.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement.
This Agreement shall be effective on September 22, 2021.
CONTRACTOR: CITY: City of Elgin
KOZ4JI)k-Al
By: Eric W. Taylor By: Richard G. Kozal
Title:Government Sales Contract Administrator Title: City Manager
Address for giving notices: Address for giving notices:
Shaw Industries, Inc., d/b/a City of Elgin
Shaw Integrated Solutions 150 Dexter Court
Mail Drop 999 Elgin, Illinois 60120
P.O. Box 208408 Attn: Richard Hoke
Dallas, Texas 75320-8408
Attn: Project Manager
FEIN# 35-2162582
FALegal Dept\Agreement\Shaw Ind Agr-Centre&Fire Station 6-Carpet&Tile-Clean 9-20-21.docx
6
ATTACHMENT A
Phone: ( )11111111b.. -
Mail Drop-999 P O Box 208408
I / A Fax: ( ) -
Dallas,TX 75320-8408 Shaw Industries, Inc.
A Berkshire Hathaway Company
Proposal Submitted To Attention Phone Fax Date
City of Elgin Rick Hoke (847)344-7599 ( ) - 08/11/21
Proposal Name Job Name Job#
Firehouse 6 City of Elgin-Firehouse 6 135214
Street Job Street Proposal ID
150 Dexter Court City of Elgin-Firehouse #6 Fire House 151970
City,State and Zip Architect Date of Plans Add# Job City,State and Zip Customer Job# Customer PO
Elgin,IL 60120 ISourcewell ELGIN, IL 60120 25158 None
We hereby submit specifications and estimates for:
Item Description Color Qtv UOM Unit Price Extended Price
Fault Lines II Tile EW 9"x 36" 98751/Bark 360.00 SY $23.88 $8,596.80
N5000 Pressure Sensitive Adhesive 8.00 4 Gal $81.54 $652.32
Carpet Demolition 360.00 SY $5.39 $1,940.40
Carpet Tile Installation 360.00 SY $11.26 $4,053.60
4"Vinyl Base Installation 840.00 LF $2.95 $2,478.00
Transition Installation 84.00 LF $3.61 $303.24
Minor Floor Preparation(excludes materials) 24.00 Hour $86.90 $2,085.60
Moisture Testing 7.00 Each $200.00 $1,400.00
Project Management-Project Management Fee 1.00 Each $1,579.00 $1,579.00
(initiating,planning, executing,controlling,and
closing the project)Including,but not limited to
take off/measuring,trip fees, receiving and
overall management.
Reimbursement of taxes imposed on the 1.00 Each $592.13 $592.13
contractor pursuant to F.A.R.Section
52.229-4(c). The contract price does not include
any contingency for such tax.
Estimated Freight 1.00 Each $513.44 $513.44
Base Bid Total: $24,194.53
Proposal Inclusions and Exclusions:
1. Sourcewell Contract#080819-SII
2. Local Contact:Maggie Gosselin
3. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require
additional labor will be handled through the change order process.
4. Price is based on a consecutive installation period without delays and is based on the customer allowing installation crews access to
work a minimum of 8 consecutive hours a day until completion.Delays other than"acts of God"will result in charges for down-time.
S. Extensive floor prep is not included in the price but may be necessary due to unforeseen conditions of the sub-floor. This work may
include,but is not limited to,leveling or grinding,encapsulation or sealing,or extensive scraping of the sub-floor.Should extensive
floor prep be required,you will receive a change order for the necessary work.
6. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require
additional labor will be handled through the change order process.
7. Exclusions:attic stock,major floor prep,furniture moving unless specified in proposal,disconnecting and moving of computers and
electronic equipment,vacuuming and protection of finished products,and any plumbing work(removal of commodes,etc)..
8.All pricing is based on work being completed during normal working hours.
9. Please email your Purchase Order to the Shaw Industries,Inc.contact Rosio Hernandez at rosio.hernandez@shawinc.com to
initiate the order process." A purchase order is required before materials can be shipped.
10. Proposal does not include removal of any materials containing asbestos.
11. Remit to Address: SHAW INTEGRATED SOLUTIONS,MAIL DROP 999,PO BOX 208408,DALLAS,TEXAS 75320-8408
12.A 2%fee will be assessed on the total bid amount at time of payment if utilizing a credit card.
Page 1 of 2
I
Phone: ( )
Fax: ( )
Mail Drop-999 P O Box 208408
Dallas,TX 75320-8408 Shaw Industries, Inc.
Proposal ID:151970
A Berkshire Hathaway Company
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:
Signature: R"a Ve aegg Rosio Hernandez $24,194.53
Email: rosio.hernandez@shawinc.com
Conditions of Proposal:
1. This proposal may be withdrawn if not accepted within 30 days of its issuance.Shaw will consider reasonable requests to engage in negotiations for revisions to this Proposal,
Including signing a subcontract that incorporates the terms of this Proposal.
2. This proposal is subject to credit review and approval.Payment terms are net 30 days.A convenience fee of 2%will be added if paying via credit card.Past due invoices are subject
to service charges of 1.5%per month(18%per annum).In the case of any default,Customer shall pay Shaw's reasonable attorney fees and costs,including those on any appeal,
even if no suit or action is filed.
3.All work shall be performed in a workmanlike manner according to industry standards.Areas to receive flooring shall be free and Gear of debris.Any changes to the work shall be
performed only after execution of a written change order.
4, Prior to commencement of Shaw's work:(a)Customer shall test all concrete sub floors receiving flooring for vapor emission levels and alkalinity per manufacturers'recommendations
utilizing ASTM F2170 and/or F1869 and provide written results to Shaw,including a list of any sealers applied to the concrete sub floor,(b)If Customer does not provide such reports
at least 10 days prior to commencement of Shaw's work,then Customer shall provide Shaw with access to all concrete sub floors for appropriate testing and Customer shall be
responsible for the costs of such testing:and(c)Any concrete sub floors not meeting manufacturers'requirements for installation will require correction or the execution of a separate
waiver agreement
5.All work is contingent upon strikes,accidents or delays beyond Shaw's control.Customer shall carry insurance for all hazards,including fire.Shaw's workers are fully covered by
Workers Compensation and Liability Insurance.
6. Customer represents and warrants that:(a)the project site contains no hazardous or other dangerous substances,either exposed or concealed;or(b)Customer has given written
notice to Shaw of all such substances and their location(s).To the fullest extent permitted by law,Customer shall indemnify,defend and hold Shaw harmless from any damage,claim,
loss,expense and attorney fees related to Shaw's liability,if any,including any federal or state statute related to hazardous or other dangerous substances.
7. Notwithstanding anything herein to the contrary,all prices are subject to immediate increase without limitation in the event of material change to applicable duties,taxes,tariffs,
similar charges,or other government action effective May 13,2020.
ACCEPTANCE OF PROPOSAL: The above prices,specifications,and conditions are satisfactory and are hereby ACCEPTED.
You are authorized to do the work as specified.
Customer: City of Elgin Signed: Date:
Page 2 of 2
Phone: ( )
4. Fax: ( )
Mail Drop-999 P O Box 208408
Dallas,TX 75320-8408 Shaw Industries, Inc.*'
A Berkshire Hathaway Company
Proposal Submitted To Attention Phone Fax Date
City of Elgin Rick Hoke (847)344-7599 ( ) - 08/12/21
Proposal Name Job Name Job#
Centre of Elgin City of EI in-Centre of Elgin 135219
Street Job Street Proposal ID
150 Dexter Court Centre of Elgin 100 Symphony Way 151975
City,State and Zip Architect Date of Plans Add# Job City,State and Zip Customer Job# Customer PO
Elgin, IL 60120 Sourcewell ELGIN,IL 60120 25158 None
We hereby submit specifications and estimates for:
Item Description Color QV UOM Unit Price Extended Price
Intricate Luxury Vinyl Tile 12"x 24"2.5 MM 92535/Mirror 3,154.62 SF $3.02 $9,526.95
Intricate Luxury Vinyl Tile 12"x 24"2.5 MM 92100/Alabaster 426.30 SF $3.02 $1,287.43
Intricate Luxury Vinyl Tile 12"x 24"2.5 MM 92595/Relic 170,62 SF $3.02 $515.27
4151 Pressure Sensitive Adhesive 4 Gallon 6,00 4 Gal $173.18 $1,039.08
Wall Base Adhesive Tube 3.00 Tube $81.85 $244.95
4"Vinyl Base Installation 840.00 LF $2.95 $2,478.00
Transition Installation 60.00 LF $3.61 $216.60
LVTNCT Demolition(standard) 3,690.00 SF $1.91 $7,047.90
Sheet Vinyl Demolition(standard) 1,000.00 SY $8.71 $8,710.00
Skimcoat-Labor and Material 3,690.00 SF $2.36 $8,708.40
LVT Installation 3,690.00 SF $4.58 $16,900.20
Moisture Testing 7.00 Each $200.00 $1,400.00
Project Management-Project Management Fee 1.00 Each $2,080.96 $2,080.96
(initiating, planning, executing, controlling, and
closing the project)Including,but not limited to
take off/measuring,trip fees,receiving and
overall management.
Reimbursement of taxes imposed on the 1.00 Each $817.80 $817.80
contractor pursuant to F.A.R.Section
52.229-4(c). The contract price does not include
any contingency for such tax.
Estimated Freight 1.00 Each $902.28 $902.28
Base Bid Total: $61,875.82
Proposal Inclusions and Exclusions:
1. Sourcewell Contract#080819-SII
2. Local Contact:Maggie Gosselin
3. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require
additional labor will be handled through the change order process.
4. Price is based on a consecutive installation period without delays and is based on the customer allowing installation crews access to
work a minimum of 8 consecutive hours a day until completion.Delays other than"acts of God"will result in charges for down-time.
5. Extensive floor prep is not included in the price but may be necessary due to unforeseen conditions of the sub-floor. This work may
include,but is not limited to,leveling or grinding,encapsulation or sealing,or extensive scraping of the sub-floor.Should extensive
floor prep be required,you will receive a change order for the necessary work.
6. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require
additional labor will be handled through the change order process.
7. Exclusions:attic stock,major floor prep,furniture moving unless specified in proposal,disconnecting and moving of computers and
electronic equipment,vacuuming and protection of finished products,and any plumbing work(removal of commodes,etc)..
8.All pricing is based on work being completed during normal working hours.
Page 1 of 2
Phone:
Mail Drop-999 P O Box 208408 O Fax:
I ,° 'k -
Dallas,TX 75320-8408 Shaw Industries, Inc.
Proposal ID: 151975
A Berkshire Hathaway Company
Proposal Inclusions and Exclusions:
9. Please email your Purchase Order to the Shaw Industries,Inc.contact Rosio Hernandez at rosio.hemandez@shawinc.com to
initiate the order process.' A purchase order is required before materials can be shipped.'
10. Proposal does not include removal of any materials containing asbestos.
11. Remit to Address: SHAW INTEGRATED SOLUTIONS,MAIL DROP 999,PO BOX 208408,DALLAS,TEXAS 75320-8408
12.A 2%fee will be assessed on the total bid amount at time of payment if utilizing a credit card.
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:
Signature: X1"&'.ly6wa*rils1 Rosio Hernandez $61,875.82
Email: rosio.hernandez@shawinc.com
Conditions of Proposal:
1. This proposal may be withdrawn if not accepted within 30 days of its issuance.Shaw will consider reasonable requests to engage in negotiations for revisions to this Proposal,
including signing a subcontract that incorporates the terms of this Proposal.
2.This proposal is subject to credit review and approval.Payment terms are net 30 days.A convenience fee of 2%will be added if paying via credit card.Past due invoices are subject
to service charges of 1.5%per month(18%per annum).In the case of any default,Customer shall pay Shaw's reasonable attorney fees and costs,including those on any appeal,
even K no suit or action is filed.
3. All work shall be performed in a workmanlike manner according to industry standards.Areas to receive flooring shall be free and clear of debris.Any changes to the work shall be
performed only after execution of a written change order.
4. Prior to commencement of Shaw's work:(a)Customer shall test all concrete sub floors receiving flooring for vapor emission levels and alkalinity per manufacturers'recommendations
utilizing ASTM F2170 and/or F1869 and provide written results to Shaw,including a list of any sealers applied to the concrete sub floor,(b)If Customer does not provide such reports
at least 10 days prior to commencement of Shaw's work,then Customer shall provide Shaw with access to all concrete sub floors for appropriate testing and Customer shall be
responsible for the costs of such testing;and(c)Any concrete sub floors not meeting manufacturers'requirements for installation will require correction or the execution of a separate
waiver agreement.
5.All work is contingent upon strikes,accidents or delays beyond Shaw's control.Customer shall carry insurance for all hazards,including fire.Shaw's workers are fully covered by
Worker's Compensation and Liability Insurance.
6. Customer represents and warrants that:(a)the project site contains no hazardous or other dangerous substances,either exposed or concealed;or(b)Customer has given written
notice to Shaw of all such substances and their location(s).To the fullest extent permitted by law,Customer shall indemnify,defend and hold Shaw harmless from any damage,claim,
loss,expense and attorney fees related to Shaw's liability,W any,including any federal or state statute related to hazardous or other dangerous substances.
7. Notwithstanding anything herein to the contrary,all prices are subject to immediate increase without limitation in the event of material change to applicable duties,taxes,tariffs,
similar charges,or other government action effective May 13,2020.
ACCEPTANCE OF PROPOSAL:rho above prices,specifications,and conditions are satisfactory and are hereb y A CCEF W.
You are authorized to do the work as specified.
Customer: City of Elgin Signed: Date:
Page 2 of 2
ATTACHMENT C
SuiyIementary Conditions Regardine Insurance
Insurance Requirements: Contractor agrees to obtain, furnish, and maintain in full force and effect
during the entire term of this Agreement, at its sole cost, the insurance coverages outlined herein.
All of said insurance shall be written by, and secured from,companies approved to do business and
issue insurance in the State of Illinois and must be rated"A-"or better, in accordance with the latest
edition of Best's Insurance Guide, published by A.M. Best Company, Inc. or its equivalent.
The comprehensive general liability insurance shall be endorsed to include independent contractors,
contractual liability, personal injury, products/completed operations liability, broad from property
damage,and cross liability and severability of interest provisions. Policies provided hereunder shall
not contain XCU exclusions relating to explosion, collapse and underground property damage. All
liability insurance shall be written on an occurrence basis. Automobile liability insurance should
include coverage for all owned,non-owned,hired and leased vehicles.
All insurance policies shall be written in the name of the contractor and such insurance shall be
primary and noncontributory with any insurance or self-insurance program afforded to the City of
Elgin.
Comprehensive Liability
General Aggregate $2 Million
Products Completed Operations Aggregate $2 Million
Personal Injury and Advertising Limit $1 Million
Each Occurrence $1 Million
Automobile Liability
Combined Single Limit $1 Million
Umbrella Liability
Each Occurrence $2 Million
General Aggregate $2 Million
Worker's Compensation
Statutory As required by state law
Employer's Liability $1,000,000 Each Accident
$1,000,000 Each Emp for Disease
$1,000,000 Policy Limit for Disease
The Contractor may purchase and maintain excess liability insurance in the umbrella form in order
to satisfy the limits of liability required in accordance with the requirements set forth above. The
comprehensive liability and umbrella policies must name the City of Elgin as additional insured.
The workers' compensation policy shall include a waiver of subrogation in favor of the City. The
Contractor shall be responsible for and shall bear the risk of loss and damage to any property of
Contractor and any property for which it is responsible or in its care, custody, or contract,wherever
located. Any insurance provided for such property shall be solely at Contractor's expense.
Prior to the commencement of any work under this Agreement, Contractor shall furnish Certificates
of Insurance acceptable to the City and conforming to the insurance coverage required herein. The
policy cancellation notification provision will provide the City with at least thirty (30)days written
notice in the event of cancellation or material change.
The City reserves the right, at its sole discretion, to amend the insurance requirements contained
herein.
2
ATTACHMENT E
City of Elgin, Illinois
Certification Requirements
Please submit all required forms and documentation, fully completed and signed,
with your proposal. No proposal will be accepted without this information.
1. To assure compliance with the City of Elgin's Affirmative Action Ordinance,all contractors and
vendors.Herein referred to as"bidders",are requested to submit the following information:
a. Workforce analysis using the enclosed Bidder's Employee Utilization form.
b. Provide the information required in Item #3 on the employee utilization form if the answer to
Question#2 on the form is"Yes".
c. Provide a written commitment outlining the steps that the bidder plans to take in the area of
recruitment and promotion of minorities and females to assure equal employment opportunity. (A
copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.)
2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must
submit a signed sexual harassment form enclosed with the Invitation to Bid.
3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered
by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax.
4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result
of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating.
5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to
Bid along with all instructions,conditions,and specifications attached thereto constitute a binding contract
which may be enforced by the city.
Signature/Title e C , env. ales Contract Administrator
Company Name Shaw industries,Inc.
Address 616 East Walnut Avenue
Dalton,GA 30721
Phone Number 706-532-7567
Email Address eric.taylor@shawinc.com
FEIN No. 35-2162582
auk
City of Elgin, Illinois
Sexual Harassment - - Policies and Programs
Effective July 1, 1993,every party to any contract with the City of Elgin and every eligible bidder
is required to have written sexual harassment policies that include, at a minimum, the following
information:
• the illegality of sexual harassment
• the definition of sexual harassment under state law
• a description of sexual harassment,utilizing examples
• a vendor's internal complaint process including penalties and a description of the means by
which complaining parties may complain directly to management personnel other than the
alleged harassing individual
• the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights,and the Illinois Human Rights Commission
• directions on how to contact the department and commission
• protection against retaliation as provided by Section 6-101 of the Human Rights Act
I hereby affirm that the organization which I represent has in place sexual harassment
policies which include the required information set forth above,and I hereby agree to furnish
the City of Elgin - Human Resources Department with a copy of these policies if they so
request.
Signature/Titlerv_ � ^'�---G---ernment Sales Contract Administrator
Company Shaw Industries,Inc.
Date 09/22/2021
Sexual harassment is defined as follows:
"Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as a basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working
environment.
Any questions by contracting parties or eligible bidders concerning compliance with these
requirements should be directed to the City of Elgin-Human Resources Department at(847)931-
5607.
The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify
and hold the City of Elgin harmless from any and all liability,loss or damage including costs
of defense or claim,demands,costs of judgment against it arising from any complaint based
on unlawful harassment and/or employment action, including, but not limited to
termination,based on any protected category as provided by law,including,but not limited
to, sexual harassment resulting from the act of any member of my organization in the
performance of this contract. f
Signature/Title i �,,ernment Sales Contract Administrator
Company Shaw Industries,Inc.
Date 09/22/2021