HomeMy WebLinkAbout24-0110 Shaw Integrated Solutions - flooring a4-000
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January 10, 2024 Agenda
Bid Item: #6 — Sourcewell Purchasing Cooperative — Flooring
Replacement ($268,083)
JOB ORDER CONTRACT
AGREEMENT
THIS AGREEMENT is dated this 10th day of January ,2024,by and between
the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Shaw Integrated
& Turf Solutions, Inc. d/b/a Shaw Integrated Solutions, a Georgia corporation authorized to do
business in the State of Illinois (herein called "Contractor"), a corporation with a principal place
of business at 616 East Walnut Avenue, Dalton,GA 30721.
WHEREAS,the City has requested and Contractor has provided a proposal for a job order
contract to provide for flooring and carpet replacement at the Centre of Elgin and Elgin Police
Department;and
WHEREAS,Contractor submitted a proposal for a job order contract for such work dated
November 30,2023, consisting of two (2)pages,attached hereto as Attachment A("Contractor's
Job Order Contract 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 flooring and carpet project at the Centre of Elgin
and Elgin Police Department(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 flooring and carpet replacement at the Centre
of Elgin and Elgin Police Department identified in the attached Contractor's Job Order
Contract Proposal. The scope of work is summarized in the Contractor's Job Order
Contract Proposal and includes the floor and carpet replacement at the Centre of Elgin and
Elgin Police Department.
Article 2. City Representative.
There is no Engineer for the Work. The City's Building Maintenance Superintendent shall act as
City's representative and shall assume and provide such duties and obligations of the Engineer to
the extent provided in the Contract Documents.
Article 3. Work Completion,Delays and Damages.
3.1. Work Completion. The Work shall be completed as provided in the Contract
Documents.Substantial completion shall be within 180 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. 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.
Article 4. Contract Price.
City shall pay Contractor$268,082.82 as indicated in the Contractor's Job Order Contract 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 Engineer,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 shall 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 and acceptance 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 Job Order Contract Proposal,attached hereto as Attachment A.
c. General Conditions, based upon EJCDC No. 1910-8(1996 Edition)as modified by the
City of Elgin, Illinois,attached hereto as Attachment B.
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. Bonds
i. Notice to Proceed.
j. The terms of Sourcewell Contract Number 080819-SII. In the event of any conflict
between the terms of the Sourcewell Contract, and the other Contract Documents and
this Agreement,the other Contract Documents and this Agreement shall supersede and
control.
k. 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 1LCS 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 http://labor.illinois.govi. 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
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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 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 to
Shaw Industries,Inc.,P.O.Drawer 2128,Mail Drop 061-28,616 East Walnut Avenue,
Dalton,GA 30722-2128.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 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 arising out of or resulting from or through,or alleged to arise
out of, any acts or negligent acts or omissions of Contractor or Contractor's officers,
employees, agents or subcontractors in the performance of this Agreement, or arising
out of or in connection with litigation based on any mechanic's lien or other claims,
suits,judgments and/or demands for damages by subcontractors. 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. In the event and to the extent that any
legal work is performed by City's in-house legal counsel pursuant to the provisions of
this section, City shall be reimbursed by Contractor for such legal work at the rate of
$200 per hour, which rate Contractor hereby agrees and acknowledges to be a
reasonable rate for such in-house attorneys'fees.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 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.Contractor
shall pay any and all costs associated with any such audit. 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.
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I. Limitation of Actions. Contractor agrees that any cause of action, lawsuit or other
legal claim by the Contractor arising out of this Agreement must be filed within one
year of the date the alleged cause of action, lawsuit or other legal claim arose or the
same will be time barred and waived and released by the Contractor.
m. 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.
This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine,email,or other electronic means 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 facsimile machine, email, or other
electronic means shall be considered for these purposes an original signature and shall
have the same legal effect as an original signature.
IN WITNESS WHEREOF,City and Contractor have signed this Agreement.
This Agreement shall be effective on January 10 , 2024.
CONTRACTOR: CIT i f Elgin
By: Eric W. Taylor By: Richard G. Kozal
Title: Contract Compliance Administrator Title: City Manager
Address for giving notices: Address for giving notices:
Shaw Integrated & Turf Solutions, Inc. City of Elgin
d/b/a Shaw Integrated Solutions 150 Dexter Court
616 East Walnut Avenue Elgin, Illinois 60120
Dalton,GA 30721 Attn: Richard Hoke
Attn: Project Manager
FEIN # 87-4486016
Legal Dept\Agreement\Shaw Agr-JOC-Floor Replace-2024 Centre-EPD-I2-4-23.docx
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ATTACHMENT A
illo.ZIPhone: ( ) -
! i Fax: ( ) -
Mail Dropp 999 P.O.Box 748552 INTEGRATED SOLUTIONS
Atlanta,GA30384-8552 Shaw Industries, Inc.
Proposal Submitted To Attention Phone Fax Date
City of Elgin Purchasing Department (847)344-7599 ( ) - 11/30/23
Proposal Name Job Name Job#
2023 Remodel-Centre&PD 2023 Remodel-Centre&PD 172488
Street Job Street Proposal ID
City of Elgin 150 Dexter Court 100 Symphony Way 194931
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--558 None None
We hereby submit specifications and estimates for:
Item Description Color Qty UOM Unit Price Extended Price
Bisect EcoWorx Tile 24"x 24" TBS/To Be Selected 528.00 SY $24.69 $13,036.32
Terrain II 30 mil LVT 6"x 48" TBS/To Be Selected 4,505.76 SF $3.64 $16,400.97
LokWorx+Carpet Tile Adhesive 4 Gallon 7.00 4 Gal $111.52 $780.71
Landform Tile EcoWorx 24"x 24" TBS/To Be Selected 202.67 SY $24.69 $5,003.92
Welcome II EcoWorx Tile 24"x 24" TBS/To Be Selected 138.67 SY $53.66 $7,441.03
LokWorx+Resilient Boxed Goods/LVT Adhesive 7.00 Each $197.23 $1,380.61
4 Gallon
Carpet Demo(Standard) 438.00 SY $7.02 $3,074.76
Carpet Disposal 438.00 SY $3.30 $1,445.40
Carpet The Installation 860.00 SY $12.65 $10,879.00
Minor Floor Prep(Excludes Materials) 30.00 Hour $95.59 $2,867.70
Furniture Lift&Carpet Removal 668.00 SY $29.55 $19,739.40
LVTNCT Demo(Standard) 2,075.00 SF $2.42 $5,021.50
LVTNCT Disposal 2,075.00 SF $1.84 $3,818.00
Skimcoat-Labor&Material 12,035.00 SF $2.97 $35,743.95
LVT Installation(No Pattern; Excludes Materials) 4,500.00 SF $5.04 $22,680.00
Open Market-Furnish&Install Tarkett Wall Base 3,360.00 LF $3.98 $13,372.80
Open Market-Furnish&Install Underlayment 96.00 SF $17.05 $1,636.80
Open Market-Handling of Materials to Job Site 8.00 Each $454.55 $3,636.40
Open Market-Furnish&Install Transitions 184.00 LF $11.93 $2,195.12
Open Market-Wood Flooring Demo, Furnish& 1.00 Each $93,673.86 $93,673.86
INstall Wood Sleepers&Wood Flooring w 3/4"
subfloor,supply&install new 2 1/4&3/4 Maple
Wood Floor, Sand, One Coat Sealer&One Coat
Satin Finish, Dumpster Included
Open Market-Furnish&Install Tarkett Tactile 1.00 Each $1,625.00 $1,625.00
Warning
Open Market-Primer 5.00 Each $139.27 $696.35
Estimated Freight 1.00 Each $1,933.22 $1,933.22
Base Bid Total: $268,082.82
Proposal Inclusions and Exclusions:
1. Sourcewell Contract#080819-SII
2. Local Contact:Margaret Taylor Installation Provider:Diverzify+
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.
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Phone: ( ) -
Fax: ( ) -
Mail Drop 999 P.O.Box 748552 INTEGRATED SOLUTIONS
Atlanta,GA 30384-8552 Shaw Industries, Inc.
Proposal ID:194931
Proposal Inclusions and Exclusions:
4.PREVAILING WAGE APPLIES
5. 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.
6. 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.
7. 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.
8. 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)..
9. All pricing is based on work being completed during normal working hours.
10. 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.*
11. Proposal does not include removal of any materials containing asbestos.
12. A 2%fee will be assessed on the total bid amount at time of payment if utilizing a credit card.
13. Remit to Address: SHAW INTEGRATED SOLUTIONS,PO Box 748552,Atlanta GA 30384-8552
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:
Signature: Ra44en,r Rahsean Carter $268,082.82
Email: rahsean.carter@shawinc.com
Conditions of Proposal:
1. This Proposal may be withdrawn,if not accepted,within 30 days of its issuance.Shaw Industries Group,Inc.will consider reasonable requests to engage in negotiations for revisions
to this Proposal,including signing a subcontract that includes the terms of this Proposal.A proposal not accepted within 30 days will be subject to price escalation of materials,labor,
freight and fuel costs.
2.This proposal is subject to credit review and approval.Payment terms are net 30 days.A convenience fee of 2.5%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 Industries Group,Inc.'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 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 Industries Group,Inc.'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 provide written results to Shaw Industries Group,Inc.,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 Industries Group,Inc.'s work,then Customer shall provide Shaw Industries Group,Inc.
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 Industries Group,Inc.'s control.Customer shall carry insurance for all hazards,including fire.Shaw Industries
Group,Inc.'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 Industries Group,Inc.of all such substances and their location(s).To the fullest extent permitted by law,Customer shall indemnify,defend and hold Shaw Industries
Group,Inc.harmless from any damage,claim,loss,expense and attorney fees related to Shaw Industries Group,Inc.'s liability,if any,including any federal or state statute related to
hazardous or other dangerous substances.
7. Shaw Industries Group,Inc.is fully licensed,bonded,and insured.This proposal does not include participation in any OCIP/CCIP or related programs.Requests for Shaw Industries
Group,Inc.to participate in such programs may result in additional costs.
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:
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