HomeMy WebLinkAbout25-1008 Shaw Integrated Fire ;,.5 -i u o fs
Rc�
October 8, 2025 Agenda
Bid Item: #2 — Fire Station 5 Flooring Replacement — Sourcewell Joint
Purchasing Agreement ($32,969)
Docusign Envelope ID:68C9EE3B-B73E-49F9-8411-D99360DE945F
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 8th day of October
2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and Shaw Integrated & Turf Solutions, Inc., a Georgia corporation (hereinafter referred to as
"Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto
hereby agree as follows:
1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to
the City as described in the two(2)page proposal, dated August 22,2025,attached hereto and made a
part hereof as Attachment A, and as provided by the Sourcewell Contract #061323-SII,
incorporated herein by reference(the"Sourcewell Agreement").
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, which is attached hereto and made a part hereof and the
Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the Sourcewell Agreement, or any portion thereof, the terms
and provisions of this Agreement shall supersede and control. In the event of any conflict between
Attachment A and the Sourcewell Agreement, Attachment A shall supersede and control.
3. LAWNENUE. This Agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by
first class U.S. mail to Shaw Industries, Inc., c/o registered agent Illinois Corporation Service
Company, 801 Adlai Stevenson Drive, Springfield, IL 62703 shall constitute effective service. The
Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement, except
in a writing instrument executed by both Parties with the same formalities as the original
Agreement.
5. MERGER. This Agreement embodies the whole Agreement of the Parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or Agreements, either
verbal,written or implied between the Parties hereto.
6. INTEREST. Seller hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any 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. The provisions of this paragraph shall survive
any expiration,completion and/or termination of this Agreement.
Docusign Envelope ID.68C9EE3B-B73E-49F9-8411-D99360DE945F
7. SEVERABILITY. The terms of this Agreement shall be severable. In the event
any of the terms or the provisions of this Agreement are deemed to be void or otherwise
unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this
Agreement, it is expressly agreed and understood that in connection with the performance of this
Agreement, Seller shall comply with all applicable federal, state,city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage, workplace safety, nondiscrimination and legal status of employees.
9. 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.
10. PAYMENT. City shall pay the total sum of Thirty Thousand Nine Hundred Sixty
Eight Dollars and Twenty Two Cents ($32,968.22) within thirty (30) days of delivery or City's
receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and
shipping costs. The City of Elgin is a tax-exempt governmental entity.
11. DELIVERY. Seller shall deliver and install the goods as described in Paragraph 1
above and achieve substantial completion within thirty (30) days of the Effective Date of this
Agreement. Final completion shall be achieved within sixty (60) days of the Effective Date of this
Agreement.
12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this Agreement. In no event shall City be
liable for any consequential, special or punitive damages, or any damages resulting from loss of
profit.
13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods.
14. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and
shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from
and against any and all claims, suits,judgments, costs, attorney's 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 Seller or Seller's officers, employees, agents or subcontractors in the
performance of this Agreement, including but not limited to,all goods delivered or services or work
performed hereunder. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
15. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a
2
Docusign Envelope ID:68C9EE3B-B73E-49F9-8411-D99360DE945F
particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,
components,and services to the benefit of the City.
16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights
by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be
construed as,a waiver of any such rights.
18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the
Seller arising out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred.
19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
20. NONDISCRIMINATION. The Seller 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. The Seller will 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. The
Seller will distribute copies of this commitment to all persons who participate in recruitment,
screening,referral and selection of job applicants,prospective job applicants,and subcontractors.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above
written.
Shaw Integrated &Turf Solutions. Inc.. CITY OF 'I,GIN
Mari ssa McKoy
Print Name 'chard G. Kozal, City Manager
Signed by.
L44ViSStt
kt ket1 Attest:
SignatuDFA3BC131)5E1940E
4 Corporate Counsel _ _
Title City lerk
Legal Dept\Agreement\Shaw Ind Agr-Fire Station 5 Flooring Replacement-9-19-25 docx
3
AMIN Phone: ( ) -
Fax: ( ) -
Mail Drop 999 P.O.Box 748552 INTEGRATED SOLUTIONS
Atlanta.GA 30384-8552 Shaw Industries. Inc.
Proposal Submitted To Attention Phone Fax Date
City of Elgin Purchasing Department (847) 344-7599 ( ) - 08/22/25
Proposal Name Job Name Job#
City of Elgin Fire Station#5 City of Elgin Fire Station#5 197837
Street Job Street Proposal ID
City of Elgin 150 Dexter Court 804 Villa St 224475
City,State and Zip Architect Date of Plans Add# Job City,State and Zip Customer Job# Customer PO
Elgin, IL 60120 Sourcewell Elgin, IL 60120-804 None None
We hereby submit specifications and estimates for:
Item Description Color Qty UOM Unit Price Extended Price
Terrain II 20 mil LVT 6"x 48" TBS/To Be Selected 1,126.44 SF $2.81 $3,165.30
LokWorx+ Resilient Boxed Goods/LVT Adhesive 2.00 4 Gal $197.23 $394.46
4 Gallon/ 164CA
LVT Installation(no pattern;excludes material) 1,100.00 SF $5.11 $5.621.00
Removal and disposal of ceramic/porcelain 1,100.00 SF $13.64 $15.004.00
Skimcoat- Labor&Material(LVT required two 1,100.00 SF $3.06 $3,366.00
skimcoats)
Moisture Testing 3.00 Each $275.00 $825.00
Furnish& Install Tarkett 4"Cove Wall Base 480.00 LF $3.98 $1,910.40
Deliveries 3.00 Each $454.55 $1.363.65
Furnish& Install Transitions 84.00 LF $11.93 $1,002.12
Estimated Freight-Pricing Good for 30 Days 1.00 Each $316.29 $316.29
Base Bid Total: $32,968.22
Proposal Inclusions and Exclusions:
1. PREVAILING WAGE APPLIES
2. Sourcewell Contract#061323-SII
3. Local Contact:Maggie Taylor
4. 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.
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. Proposal does not include removal of any materials containing asbestos.
7. 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.
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. Material title and risk of loss passes to the purchaser at the time of material delivery to owner provided address
10. All pricing is based on work being completed during normal working hours.
11. SITS License Numbers: AL 57717,AK 198637,AZ ROC340172,AR 425700423,CA 1104309,CT MC0.0904495,DE 2022707978,
GA GCC0007817, ID 02790.IA C143575,LA 73789,MN IR793001.MS 24811-SC,MT 265535.NE 25084-22,NM
409483/28744860162022,NV 90225,NC 87924, ND 46612.OR 240563, RI GC-33871,SC 124179,TN 77794. UT 12846822-5501,
VA 2705183154.WA SHAWITT789M2,WV WV061877
12. Please email your Purchase Order to Kayla Reynolds at kayla.reynolds@shawinc.com to initiate the order process. A purchase order
Is required before materials can be shipped.
13. Our remit-to address has changed.
SHAW INTEGRATED&TURF SOLUTIONS
PO Box 748552
Atlanta,GA 30384-8552
Page 1 of 2
Fax:ne: ( j
Mail Drop 999 P.O.Box 748552 INTEGRATED SOLUTIONS
Atlanta,GA 30384-8552 Shaw Industries, Inc
Proposal ID:224475
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:
Signature: Kayla Reynolds Kayla Reynolds $32,968.22
Email: kayla.reynolds@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 3%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 Integrated and Turf Solutions.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 Industnes 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.
8 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.
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