R-1994 - 01/25/2022 - PUBLIC WORKS - Resolutions THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
2022-PW-SALT-PG-R-1994
RESOLUTION APPROVING THE PURCHASE OF DEICER SALT FROM
COMPASS MINERALS AMERICA, INC.
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 25t'' day of January 2022
RESOLUTION 2022-PW-SALT-PG-R-1994
A RESOLUTION APPROVING THE PURCHASE OF DEICER SALT
FROM COMPASS MINERALS AMERICA, INC.
WHEREAS, the Village of Oak Brook, DuPage and Cook Counties, Illinois (the "Village")
is an Illinois municipal corporation; and
WHEREAS, The State of Illinois has solicited bids for the supply of deicer salt to be used
on roadways, sidewalks and other public ways for the 2022-2023 winter season; and
WHEREAS, The State of Illinois awarded its deicer salt supply contract to Compass
Minerals America, Inc. ("Compass Minerals"); and
WHEREAS, pursuant to the awarded contract, Compass Minerals has agreed to provide
the State of Illinois deicer salt at the cost of $58.78 per ton; and
WHEREAS, as part of their respective bid, Compass Minerals has agreed to supply other
units of local government deicer salt as offered to the State of Illinois; and
WHEREAS, pursuant to Section 1-7-10 of the Village Code, the Village shall have the
authority to join with other units of government in cooperative purchasing plans when the best
interests of the Village will be served by engaging in such cooperative purchasing plans; and
WHEREAS, to the extent the Village were to engage in a competitive bid process to secure
pricing for deicer salt, the Village would be unable to secure pricing at or lower than the prices
secured by the State of Illinois; and
WHEREAS, the Village President and the Board of Trustees have determined that it is in
the best interest of the Village to participate in the cooperative purchasing of deicer salt offered
by the State of Illinois and hereby approve the purchase of deicer salt from Compass Minerals at
the prices offered to the State of Illinois.
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows:
SECTION 1: Recitals. The Village Board finds and determines the above
recitals to be true and correct and incorporates them as if written here in full.
SECTION 2: Approval of Deicer Salt Purchase from Compass Minerals. The
Village Board hereby approves the purchase of 800 tons of deicer salt at the price of $58.78 per
ton from Compass Minerals for a total purchase amount not to exceed $47,024.00.
SECTION 3: Purchase Order. The Village Board hereby authorizes and directs
the Village Manager to execute and issue a purchase order to Compass Minerals to effecuate the
purchase approved by this Resolution.
SECTION 4: Waiver of Bidding Requirements. To the extent that any
requirement of bidding would be applicable to the transactions contemplated hereunder, the same
is hereby waived.
SECTION 5: Acts of Village Officials. That all past, present and future acts and
doings of the officials of the Village that are in conformity with the purpose and intent of this
resolution are hereby, in all respects, ratified, approved, authorized and confirmed.
SECTION 6: Effective Date. This Resolution shall be in full force and effect
upon passage and approval in the manner provided by law.
SECTION 7: Publication. This resolution shall be published in book or
pamphlet form as provided by the Illinois Municipal Code.
SECTION 8: Conflict Clause. All resolutions, parts of resolutions or board actions
in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 9: Saving Clause. If any section, paragraph, clause or provision of
this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or
unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,
which are hereby declared to be separable.
SECTION 10: Recording. This resolution shall be entered into the minutes and
upon the journals of the Board of Trustees of the Village of Oak Brook.
PASSED by the Board of Trustees of the Village of Oak Brook, DuPage and Cook
Counties, Illinois this 251 day of January 2022.
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
AYES:
NAYS: None
ABSENT: None
APPROVED by Village President,Gopal G. Lalmalani,V,4s 25th day of January 2022.
Gopal G. Lalmalani, Village President
ATTEST :
Charlotte K. Pruss, Village Clerk
OF 044'day
G )
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00 t1TJ
Exhibit A
Purchase Order
STATE OF ILLINOIS
CONTRACT
Central Management Services
1PMC Rock Salt Bulk, FY22
22-416CMS-BOSS4-P-30920
The Parties to this contract are the State of Illinois acting through the undersigned Agency(collectively the State)
and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any
attachments referenced in this contract,constitute the entire contract between the Parties concerning the subject
matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial
Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor's execution
of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties
concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon
agreement of the Parties.
Contract includes BidBuy Purchase Order?(The Agency answers this question prior to contract filing.)
❑ Yes
Z No
Contract uses Illinois Procurement Gateway Certifications and Disclosures?
Z, Yes (IPG Certifications and Disclosures including FORMS B)
❑ No
1. DESCRIPTION OF SUPPLIES AND SERVICES
2. PRICING
3. TERM AND TERMINATION
4. STANDARD BUSINESS TERMS AND CONDITIONS
S. STATE SUPPLEMENTAL PROVISIONS
6. STANDARD CERTIFICATIONS
7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST
8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES—"FORMS B"(IF APPLICABLE)
9. PURCHASE ORDER FROM BIDBUY (IF APPLICABLE)
In consideration of the mutual covenants and agreements contained in this contract, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the
terms and conditions set forth herein and have caused this contract to be executed by their duly authorized
representatives on the dates shown on the following CONTRACT SIGNATURES page
t
State of Illinois IFB
Contract. Title Page
v.2o.1
STATE OF ILLINOIS
CONTRACT
Central Management Services
JPMC Rock Salt Bulk,FY22
2 2.416CMS-BOSS4-P-30920
VENDOR
Address(city/State/Zip) 9900 W 109"St.,Overland
jVendor Name:Compass Minerals America Inc Park,KS 662'10
Signa tu Phone.800.323-1641
Printed Name:Sean lief: Fax:913.338 7945
Title,Sr Manager Highway Sales Email:nighwaygroup@compassminerals Com
Date:September 20,2021 ortlers email, hrshwayordersLeDcompassro-r+e,als ca^n
STATE OF ILLINOIS _
Procu-rng Agency:Central Management Services Phone 866 ASS 2897
Street Address'1000 F Converse St
Ity, State21P nn fi It 2702
Olfrc al S�gnat
Jen I L Force
Printed Name Director
by KrysU Rrnatdi,
Officiars Title: Agency Prxchas,ng Mcer
AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS
• Agency Reference#: 21-416CMS-BOSS4-R-89309
• Project Title:JPMC Rock Salt Bulk, FY22
• Contract#. 22-416CMS-BOSS4-P-30920
• Procurement Method (IFB, RFP,Small Purchase,etc.): IFB
• BidBuy Reference #: 22-416CMS-BOSS4-B-24795
• BidBuy Publication Date: 9/9/21
• Award Code: A
• Subcontractor Utilization?® Yes❑No Subcontractor Disclosure?® Yes[]No• Funding Source:
• Obligation#:
• Small Business Set-Aside?❑Yes®No Percentage:
• Minority Owned Business?❑Yes N No Percentage:
• Women Owned Business?❑ Yes®No Percentage:
• Persons with Disabilities Owned Business?❑ Yes®No Percentage:
• Veteran Owned Small Business?❑Yes®No Percentage:
• Other Preferences?
state of Illinois IFB
contracts state use Only
V.20 1
1. DESCRIPTION OF SUPPLIES AND SERVICES
1.1. GOAL: It is the intent of the State of Illinois to establish a Joint Purchase Master Contract
for bulk rock salt on an as-needed basis during the contract period.
This Joint Purchase Master Contract(JPMC) may be utilized by all Governmental Units as
defined in Section 5 of this Contract.
Note: Participation in this contract is based upon an annual survey that defines the
BidBuy line items and additional participation in the resultant contract is not allowed.
1.2. SUPPLIES AND/OR SERVICES REQUIRED:
1.2.1. Rock Salt Specification Requirements:
1.2.1.1 Rock Salt shall comply with the requirements of The American
Association of State Highway and Transportation Officials (AASHTO)
SPECIFICATION M143, SODIUM CHLORIDE TYPE 1,GRADE 1.
1.2.1.2 Rock Salt shall be free flowing fresh stock, reclaimed or re-crushed rock
salt will not be accepted and shall be rejected by delivery site.
1.2.2. Quantity Commitments: All participants who complete the annual survey will have
the option to choose between a minimum of 80%or 100%purchase commitment
and will be allowed a maximum of 120%purchase commitment as defined below.
All minimum purchase commitments will be defined in the line item description
within BidBuy.
1.2.2.1 Minimum 80% Commitment: Some participants identified from the
annual survey have chosen a minimum purchase commitment of 80%.
That means that if the participant estimates a quantity of 100 ton, the
participant is only obligated to order 80 ton. That is 80%of the estimated
quantity. The participant shall have no further liability to the Vendor for
further remaining quantities.
1.2.2.2 Minimum 100% Commitment: Some participants identified from the
annual survey have chosen a minimum purchase commitment of 100%.
That means that if the participant estimates a quantity of 100 ton, the
participant is obligated to order 100 ton. That is 100%of the estimated
quantity.
1.2.2.3 Maximum 120% Commitment: The Vendor shall agree to provide up to
120% of the bid quantity estimated tonnage at the same contract price.
a
State of Illinois IFB
Contract: Description of Supplies and Services
v.2o t
That means that all participants who estimate a quantity of 100 ton can
order up to 120 ton at the same contract price.
1.2.2.4 Quantities Exceeding 120% Maunum: In some instances, a participant
may require quantities that would exceed the maximum commitment of
the Vendor; in such instances, any delivery shall be made upon the
mutual agreement of all parties.
1.2.2.5 Purchase Percentages for [DOT: The Illinois Department of
Transportation (IDOT) has provided estimated quantities for individual
locations. Quantities purchased from each Vendor shall be computed on
a District by District basis(not by location). For example, if a Vendor has
2 locations in a District with estimated quantities of 100 and 200 tons
with a minimum 80% commitment. Then the 80% commitment will be
met once the 300(0.8) = 240 tons has been purchased between the two
locations. This may include all 240 tons purchased from one location.
1.2.3. Weights and Measures Requirements and Adjustments:
1.2.3.1 Weights and Measures:All measurements for weight shall be from scales
meeting the requirements of The Weights and Measures Act of the State
of Illinois. The Vendor shall provide accurate weights of materials
delivered to governmental units.These weights shall be documented on
delivery tickets which shall identify the source of the material, type of
material,the date and time the material was loaded, the release number,
the net weight,the tare weight,and the identification of the transporting
vehicle.
The State reserves the right to conduct random, independent vehicle
weight checks for salt deliveries. This will require that trucks occasionally
be directed to a scale near the delivery point.
Should the vehicle weight check result in the net weight of material on
the vehicle to exceed the net weight of material shown on the delivery
ticket by 600 pounds or more, the State will document the independent
vehicle weight check and immediately furnish a copy of the results to the
Vendor. No adjustment in pay quantity will be made.
Should the vehicle weight check result in the net weight of material
shown on the delivery ticket to exceed the net weight of material on the
vehicle by the tolerance of 600 pounds or more, the State will document
the independent vehicle weight check(IWC1),immediately furnish a copy
of the results to the Vendor, and immediately perform a second
5
state of Illinois IFS
Contract: Description of supplies and Services
V10A
independent weight check (IWC2). If the second independent weight
check is within the 600-pound tolerance,then a third independent weight
check(IWC3)will be performed. If the third independent weight check is
within tolerance, no pay adjustments will be made, and random
independent weight checks will resume, If the second or third
independent weight check confirms the net weight of the material shown
on the delivery ticket exceeds the net weight of material on the vehicle
by 600 pounds or more,the State will adjust the net weight shown on the
delivery ticket for IWO to the checked delivered net weight as
determined by the independent vehicle weight checks.
1.2.3.2 Method of Measurement: The State will also adjust the method of
measurement for IWC2, IWC3 (when applicable) and subsequent truck
loads using the same scale based on the out-of-tolerance independent
weight checks. The net weight of rock salt delivered to the State from
this source, will be adjusted by applying a correction factor "A" as
determined by the following formula:
A= 1.0—(B-C)/B);Where A< 1.0and B—C>600
Where: A=Adjustment factor
B= Net weight shown on the delivery ticket from IWC1
C= Net weight on the vehicle determined from
independent weight check from IWC1
The adjustment factor will be applied as follows:
Adjusted Net Weight=A x Delivery Ticket Net Weight
The adjustment factor will be imposed until the cause of the deficient
weight is identified and corrected by the Vendor to the satisfaction of the
State. If the cause of the deficient weight is not identified and corrected
within seven calendar days,the State reserves the right to immediately,
and without notice to Vendor,take action to remedy Vendor failure. This
action may include the termination of the order and purchase of salt from
other sources, or other action to ensure ice control availability for public
safety purposes. Note that any or all additional costs may be collected
from the original Vendor, in addition to the applied weight adjustments.
At the Vendor's option, the vehicle may be weighed on a second
independent Department of Agriculture certified scale to verify accuracy
of the scale used for the independent weight check. The freight for this
6
State of Illinois IFB
Contract: Description of Supplies and Services
V.20.1
additional weigh will be charged to the party that is proven to be
negligent.
1.2.3.3 Deductions:The State reserves the right to assess,and apply if applicable,
invoice deductions for the following:
Moisture Content: Deductions by percentage for moisture content based
on total weight shall be determined by the following ranges:
Moisture Content(%) Deduction in Price(Per Truckload)
0.00 TO 2.00 NO DEDUCTION
2.01 TO 2.50 10% DEDUCTION
2.51 TO 3.00 15%DEDUCTION
3.01 TO 3.50 20%DEDUCTION
3.51 TO 4.00 25%DEDUCTION
GREATER THAN 4.01 REJECTION OF LOAD
Sodium Chloride (NACII Content: The State reserves the right to accept
delivery of rock salt which, according to the analysis by The Illinois
Department of Transportation, has a Sodium Chloride (NACL) content of
less than 95.0 percent, but not less than 90.0 percent. When such
reservation is applied,final payment will be made on the following basis:
1)When NACL content is between 94.0 and 94.9 percent,the price to be
paid shall be the contract price less$5.00 per ton.
2) When NACL content is between 90.0 and 93.9 percent, the price paid
shall be contract price less$10.00 per ton.
3) When the NACL content is less than 90.0 percent, the load will be
rejected.
1.2.4 Orderin
1.2.4.1 Order Placement: Orders may be placed with the Vendor (Monday-
Friday) via telephone, with a written electronic communication (e-mail)
or fax confirmation to follow. All State agency orders will contain a
purchase order generated from BidBuy in addition to an electronic
communication (e-mail). Vendors shall arrange for immediate shipment
upon receipt of order from an authorized participating agency
representative.
All other governmental units will use their own purchase order system
7
State of Illinois IFB
Contract: Description of Supplies and Services
V.20.1
1.2.4.2 Order Quantities:Orders shall be scheduled in amounts that make up full
(22-25 ton) truckloads, orders for less than truckload will not be
accepted.
1.2.4.3 Initial Orders:The Illinois Department of Transportation requires Vendors
to ship initial fill-up orders prior to October 31S1 of the current year. If
this date has passed prior to execution, we ask that the Vendors) start
shipping as soon as contract has been executed. Please see the attached
file within BiclBuy titled "Initial Orders". Vendor(s) shall notify each
destination entity when initial shipments are to begin.
1.2.4.4 Seasonal Orders: Non-State agencies reserve the right to purchase up to
5Wo of the estimated order requirements prior to November 301h of the
current year. Vendor shall notify each delivery point of when shipment
is to begin.
1.2.4.5 Order Timeline:For an order placed prior to 9:00 a.m.on a given day,that
day would be considered as the first calendar day of the seven (7) day
delivery period. For an order placed after 9:00 a.m. on a given day, the
day following would be considered as the first calendar day of the seven
(7) day delivery period, or as amended by order guidelines in Section
1.2.4.6.
1.2.4.6 Order Guidelines: An agency may order up to 209/o of their 100%
contracted tonnage in any given week and Vendor shall deliver within 7
working days after receipt of order. Quantities ordered above the 20
percent threshold shall have an extended delivery time of one-working-
day for each one percentage-point above the 20% guideline. For
example, if an agency orders 25% of their awarded total 100 tons,
delivery of the first 20 tons (20%) shall be within 7 working days after
receipt of order and the remaining 5 tons shall be delivered within 12
working days after receipt of the order.
1.2.4.7 Peak Season Orders:After hours and weekend delivery arrangements are
encouraged during severe seasonal weather events to provide Vendor
additional ability to maintain a prompt order delivery schedule. Orders
placed during peak season should be in accordance with projected
requirements and not in excess of the order guidelines,thereby hindering
a Vendor's ability to maintain a prompt order delivery schedule.
1.2.4.8 Post Season Orders:All orders for Rock Salt shall be placed by the end of
July for the previous season's estimated usage. If the location does not
8
State of Illinois IFS
Contract: Description of supplies and Services
V.20.1
have adequate capacity to hold the rock salt,the Vendor may elect to add
a storage charge per ton/day.
Storage Charge: $ __f ton/day
1.2.5. The Districts are defined as follows:
District 1: Counties of Cook, DuPage,Kane, Lake, McHenry, and Will.
District 2: Counties of Boone, Carroll, Henry,JoDaviess, Lee,Ogle, Rock
Island,Stephenson, Whiteside, and Winnebago.
District 3: Counties of Bureau,DeKalb, Ford,Grundy, Iroquois,Kankakee,
Kendall, LaSalle, and Livingston.
District 4: Counties of Fulton, Henderson, Knox, Marshall, McDonough,
Mercer, Peoria, Putnam,Stark,Tazewell,Warren,and Woodford.
District S: Counties of Champaign, DeWitt, Douglas, Edgar, McLean,
Piatt,and Vermilion.
District 6: Counties of Adams, Brown, Cass, Christian, Hancock, Logan,
Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon,
Schuyler,and Scott.
District 7: Counties of Clark, Clay, Coles, Crawford, Cumberland,
Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie,
Richland,Shelby,Wabash and Wayne.
District 8: Counties of Bond,Calhoun,Clinton,Greene, Jersey, Madison,
Marion, Monroe, Randolph, St.Clair and Washington.
District 9: Counties of Alexander, Franklin, Gallatin, Hamilton, Hardin,
Jackson,Jefferson,Johnson, Massac, Perry, Pope, Pulaski,Saline, Union,
White and Williamson.
9
state of Illinois IFB
Contract: Description of Supplies and Services
V.20.1
1.2.6. Map
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10
State of Illinois IFS
Contract: Description of SuopGes and Serv,ces
V.20.1
For procurements conducted in BidBuy,the State may include in this contract the BidBuy
Purchase Order as it contains the agreed Supplies and/or Services.
1.3. MILESTONES AND DELIVERABLES:
1.3.1. The Vendor will report to the Department of Central Management Services
Bureau of Strategic Sourcing(BOSS)an annual Contract Usage Report. This report
shall be in a tab-delimited text file or an Excel spreadsheet that references the
BidBuy Purchase Order (PO) number, time period being reported, and must
include the following:
PO Line Number,Quantity,Unit of Measure,and Delivery Address.
The report will be sent to the following email address:
CMS.BOSS.SourcinaCa illinoiS.Kov.
1.3.2. Stockpile and Order Status Reports: Vendor shall provide stockpile and order
status reports upon request and as requested to CMS Bureau of Strategic
Sourcing for use in its contract administration effort. Failure to comply in timely
manner may be considered a breach of contract.
1.3.3. Delivery Invoices: Vendor invoices shall show the date orders were placed with
the Vendor and the dates and amounts of salt delivered.
1.4. VENDOR/STAFF SPECIFICATIONS:
1.4.1, Vendor Meetings:
1.4.1.1 The Vendor shall participate in a preseason meeting with MOT Central
Bureau of Operations. This meeting will be scheduled after the execution
of the contract(s).
1.4.1.2 The Vendor shall participate in weekly calls with IDOT Central Bureau of
Operations throughout the winter season.
1.4.1.3 The Vendor shall participate in a post-season meeting with IDOT Central
Bureau of Operations that will be scheduled between April to June.
1.4.2. Stockpile and Delivery Perfof nlanLe.
1.4.2.1 Delivery Performance: Freezing of waterways and the impact on delivery
must be reasonably anticipated by the Vendor and is not a cause to claim
Force Majeure.
tt
state of Illinois IFB
Contram Description of Supplies and Services
v.2o t
1.4.2.2 STOCKPILE AVAILABILITY: Successful Vendors shall have stockpiles of
Rock Salt in Illinois or near its boundaries in quantities that are sufficient
to satisfy the State of Illinois contractual requirements and stockpile
staging requirements shall be as follows:
a 100% at upper MISSISSIPPI RIVER STOCKPILE locations, DISTRICT 1,
DISTRICT-2, DISTRICT-3, and DISTRICT-4 by December 152.
b. 50% at all other Downstate Stockpile locations by December 1"and
100%by January 1"
Such stockpiles must be near enough to delivery points to allow for timely
delivery as required by the State of Illinois contractual requirements.
Vendors may also be required to furnish a list of rock salt commitments
against these stockpiles as a result of other contractual agreements.
1.4.2.3 STOCKPILE INSPECTIONS: The State reserves the right to inspect and/or
test the rock salt provided at the Vendor's stockpile points or at the salt
storage facility destination,whichever is most convenient to the State.
1.4.2.4 VENDOR NOTIFICATION—Illinois Waterway Consolidated Lock Closures:
Various lock closures will be occurring on the Illinois waterway over the
next few years.Vendors should prepare accordingly and thereby such is
not a cause to claim Force Majeure. Information on the lock closures
including scheduling can be found at:
https://www.mvr.usace.army.inil/Missions/NdViRdtion/Navi ation-
Status
1.4.3. Vendor must be registered in BidBuy before entering into the resulting Contract
with the State of Illinois.
1.5. TRANSPORTATION AND DELIVERY:
1.5.1 Delivery Time: Deliveries are to be made within seven (7) working days, or as
extended by order guidelines in Section 1.2.4.6. For all orders placed by contract
participants on or after December 1 and prior to May 1st of any year, order
delivery performance shall be subject to application of Liquidated Damages as
stated in Section 1.5.10 below.
1.5.2. Deliver Schedule: Salt order deliveries will be accepted only during regular
workdays(Monday thru Friday) and work hours(7:30 a.m. -3:30 p.m.)excluding
12
State or Illinois iF8
contract Description of Supplies ano Services
V 20 1
state holidays,except where special arrangements are made in advance with an
appropriate representative at the delivery site.
1.5.3. Delivery Locations: All delivery locations are listed within each line item in
BidBuy. Specific delivery notes for other governmental units will be given at the
time of order.
1.5.4. Payment of Tolls: The Vendor shall be required to pay the full amount of tolls, if
any, incurred during the duration of the contract. Said tolls will not be refunded
by the ordering agency.
1.5.5. Deliver Tickets: Each delivery ticket shall be a direct entry (no manual entries)
certified scale ticket indicating gross, tare, and net weight of each truckload of
rock salt. Unless otherwise directed, delivery ticket must also be signed by an
authorized agency representative at the delivery location point to verify that
agency has accepted the material. The Vendor shall include the release order
number and the date of delivery on each delivery ticket.The Vendor shall ensure
all weights and measures shown on all tickets are correct.
1.5.6. Delivery Requirements: All truck loads shall be covered with approved
weatherproof material. Vendor shall ensure the delivery person inspects the
inside of the trailer and all salt is removed from the trailer before leaving a
delivery point. Pre-loading trucks prior to the date of delivery is not allowed and
may be rejected at the delivery site. In the event any agency discovers preloaded
rock salt already dumped at its location, the salt may be reloaded onto the
cartage hauler's truck by the agency and returned for credit and the Vendor shall
immediately ship a conforming load of replacement Rock Salt, or at agencies'
option to issue a refund consistent with the dollar amount of the original order
1.5.7. Deliver Method: All deliveries will be on the basis of the "End-Dumping"
method. Vendors shall be governed by the specific delivery instructions, as to
unloading point,issued by an applicable agency when they place their order for a
particular location.
1.5.8. weights and Measures: Governmental units reserve the right to require that
trucks may occasionally be directed to a scale in the vicinity of the delivery point
as a check on delivered truckloads. the governmental units reserve the right to
take action to remedy Vendor's failure to provide accurate weights and
measures.
1.5.9. Foreign Materials: All truck loads shall be free of any foreign material such as
mud, rocks, grader teeth, wood, tarpaulins, etc. or the load may be rejected. In
the event any agency discovers foreign material in truckloads of rock salt already
13
State of Illinois IFB
Contract: Description of Supplies and Services
V.20.1
dumped at its location, the salt and foreign matter may be reloaded onto the
cartage hauler's truck by the agency and returned for credit and the Vendor shall
immediately ship a conforming load of replacement Rock Salt, or at agencies'
option to issue a refund consistent with the dollar amount of original order.
1.5.10. Damages: Governmental units reserve the right to take action against Vendor
delivery failure as follows:
Liquidated Damages: From Decemoer 1 through May 1 of the current season, if
the Vendor is unable to make delivery within the authorized delivery time, the
governmental units shall assess and have the right to retain as Liquidated
Damages, and not as a penalty, 5 percent per working day on the undelivered
portion of the order, but not to exceed 50 percent of the total order.
Governmental units and Vendor agree that at the time of contracting,the amount
of actual damages is uncertain. Governmental units and Vendor further agree
that the amount of Liquidated Damages in this Section is reasonable and bears
relation to the damages which may be sustained in the event of a breach.
Delivery Failure Damages: If after seven (7) days' assessment of Liquidated
Damage claims,a Vendor has still failed to deliver as required,governmental units
reserve the right to immediately, and without notice to Vendor, take action to
remedy Vendor failure. This may include the termination of the order and
purchase of salt from other sources, or other action to ensure ice control
availability for public safety purposes. Note that any or all additional costs may
be collected from the original Vendor, in addition to the applied Liquidated
Damages.
For procurements conducted in BidBuy, the State may include in this contract the BidBuy
Purchase Order as it contains the agreed Supplies and/or Services.
1.6. SUBCONTRACTING
Subcontractors are allowed.
1.6.1. Will subcontractors be utilized? ® Yes ❑ No
A subcontractor is a person or entity that enters into a contractual agreement
with a total value of$50,000 or more with a person or entity who has a contract
subject to the Illinois Procurement Code pursuant to which the person or entity
provides some or all of the goods,services,real property,remuneration,or other
monetary forms of consideration that are the subject of the primary State
contract, including subleases from a lessee of a State contract.
14
State of Illinois IFS
contract Description of Supplies and Services
V.201
All contracts with subcontractors must include Standard Certifications completed
and signed by the subcontractor.
1.6.2. Please identify below subcontracts with an annual value of$50,000 or more that
will be utilized in the performance of the contract, the names and addresses of
the subcontractors,and a description of the work to be performed by each.
• Subcontractor Name: Please see Attached list.
Amount to Be Paid:
Address:
Description of Work:
• Subcontractor Name:
Amount to Be Paid:
Address:
Description of Work:
If additional space is necessary to provide subcontractor information,please
attach an additional page.
1.6.3. All contracts with the subcontractors identified above must include the Standard
Certifications completed and signed by the subcontractor.
1.6.4. If the annual value of any the subcontracts is more than$50,000,then the Vendor
must provide to the State the Financial Disclosures and Conflicts of Interest for
that subcontractor.
1.6.5. If at any time during the term of the Contract, Vendor adds or changes any
subcontractors, Vendor is required to promptly notify, in writing, the State
Purchasing Officer or the Chief Procurement Officer of the names and addresses
and the expected amount of money that each new or replaced subcontractor will
receive pursuant to this Contract. Any subcontracts entered into prior to award
of this Contract are done at the sole risk of the Vendor and subcontractors).
1.7. SUCCESSOR VENDOR
Yes® No This contract is for services subject to 30 ILCS 500/25-80. Heating and air
conditioning service contracts, plumbing service contracts,and electrical
service contracts are not subject to this requirement. Non-service
state of Illinois IFB
contract: Description of Supplies and Services
v.2o.1
contracts, construction contracts, qualification-based selection
contracts,and professional and artistic services contracts are not subject
to this requirement.
1.8. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all
services shall be performed in the United States. If the Vendor performs the services
purchased hereunder in another country in violation of this provision, such action may be
deemed by the State as a breach of the contract by Vendor.
Vendor shall disclose the locations where the services required shall be performed and
the known or anticipated value of the services to be performed at each location, if the
Vendor received additional consideration in the evaluation based on work being
performed in the United States, it shall be a breach of contract if the Vendor shifts any
such work outside the United States.
• location where services will be performed: Please see attached list.
Value of services performed at this location: Please see attached list.
16
State of Illinois IF8
Contract: Description of Supplies and Services
V.20.1
2. PRICING
2.1 FORMAT OF PRICING:
2.1.1 Vendor shall submit pricing in the format shown below, based on the terms and
conditions set forth in section 1 of this Contract.
2.1.2 Pricing shall be submitted in the following format: Enter the cost per unit of
measurement on the line items in BidBuy.
2.2 TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate
whether the contract price is firm or estimated at the time it is submitted for obligation.
The total price of this contract is estimated.
2.3 EXPENSES ALLOWED: Expenses are not allowed.
2.4 DISCOUNT: The State may receive a 0%discount for payment within 0 days of receipt of
correct invoice. This discount will not be a factor in making the award.
2.5 VENDOR'S PRICING: For procurements conducted in BidBuy, the State may include in
this Contract the BidBuy Purchase Order as it contains the agreed pricing.
2.6 MAXIMUM AMOUNT: This Joint Purchase Master Contract is an indefinite quantity
contract.
17
State of Illinois IFB
Contract: Pricing
V.20.1
3. TERM AND TERMINATION
3.1 TERM OF THIS CONTRACT: This contract has an initial term of up to one (1) year
commencing upon the last dated signature of the Parties to September 30,2022.
For procurements conducted in BidBuy,the State may include in this contract the Bid Buy
Purchase Order as it contains the agreed term.
3.1.1 In no event will the total term of the contract, including the initial term, any
renewal terms and any extensions,exceed ten (10)years. 30 ILCS 500/20-60
3.1.2 Vendor shall not commence billable work in furtherance of the contract prior to
final execution of the contract except when permitted pursuant to 30 ILCS
500/20-80.
3.2 RENEWAL: N/A
3.3 TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part,
immediately upon notice to the Vendor if: (a) the State determines that the actions or
inactions of the Vendor, its agents, employees or subcontractors have caused, or
reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has
notified the State that it is unable or unwilling to perform the contract.
If Vendor fails to perform to the State's satisfaction any material requirement of this
contract, is in violation of a material provision of this contract, or the State determines
that the Vendor lacks the financial resources to perform the contract, the State shall
provide written notice to the Vendor to cure the problem identified within the period of
time specified in the State's written notice. if not cured by that date the State may either:
(a) immediately terminate the contract without additional written notice or (b) enforce
the terms and conditions of the contract.
For termination due to any of the causes contained in this Section, the State retains its
rights to seek any available legal or equitable remedies and damages
3.4 TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty
(30) days prior written notice to Vendor, terminate this contract in whole or in part and
without payment of any penalty or incurring any further obligation to the Vendor.
Upon submission of invoices and proof of claim, the Vendor shall be entitled to
compensation for supplies and services provided in compliance with this contract up to
and including the date of termination.
3.5 AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the
availability of funds. The State,at its sole option, may terminate or suspend this contract,
1B
State of Illinois*13
Contract: Standard Business Terms and Conditions
V.20.1
in whole or in part,without penalty or further payment being required, if(1)the Illinois
General Assembly or the federal funding source fails to make an appropriation sufficient
to pay such obligation,or if funds needed are insufficient for any reason(30 ILCS 500/20-
60), (2) the Governor decreases the Agency's funding by reserving some or all of the
Agency's appropriation(s) pursuant to power delegated to the Governor by the Illinois
General Assembly, or (3) the Agency determines, in its sole discretion or as directed by
the Office of the Governor, that a reduction is necessary or advisable based upon actual
or projected budgetary considerations. Contractor will be notified in writing of the failure
of appropriation or of a reduction or decrease.
4. STANDARD BUSINESS TERMS AND CONDITIONS
4.1 PAYMENT TERMS AND CONDITIONS:
4.1.1 Late Payment: Payments, including late payment charges, will be paid in
accordance with the State Prompt Payment Act and rules when applicable. 30
ILCS 540, 74 III. Adm. Code 900. This shall be Vendor's sole remedy for late
payments by the State. Payment terms contained in Vendor's invoices shall have
no force or effect.
4.1.2 Minority Contractor Initiative: Any Vendor awarded a contract of$1,000 or more
under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30
ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee
from the first check issued to the Vendor under the contract and deposit the fee
in the Comptroller's Administrative Fund. 15 ILCS 405/23.9.
4.1.3 Expenses: The State will not pay for supplies provided or services rendered,
including related expenses, incurred prior to the execution of this contract by the
Parties even if the effective date of the contract is prior to execution.
4.1.4 Prevailing Wage: As a condition of receiving payment Vendor must (i) be in
compliance with the contract, (ii) pay its employees prevailing wages when
required by law, (iii) pay its suppliers and subcontractors according to the terms
of their respective contracts, and (iv) provide lien waivers to the State upon
request. Examples of prevailing wage categories include public works, printing,
janitorial, window washing, building and grounds services, site technician
services, natural resource services, security guard and food services. The
prevailing wages are revised by the Illinois Department of Labor (DOL) and are
available on DOL's official website,which shall be deemed proper notification of
any rate changes under this subsection. Vendor is responsible for contacting DOL
at 217-782-6206 or (http://"www.state.il.u;gencylidol/index.htm) to ensure
understanding of prevailing wage requirements.
4.1.5 Federal Funding: This contract may be partially or totally funded with Federal
funds. If Federal funds are expected to be used, then the percentage of the
good/service paid using Federal funds and the total Federal funds expected to be
used will be provided to the awarded Vendor in the notice of intent to award.
19
State of Illinois IFB
Contract Standard Business lerms and Conditions
V.20 1
4.1.6 Invoicing: By submitting an invoice,Vendor certifies that the supplies or services
provided meet all requirements of this contract, and the amount billed and
expenses incurred are as allowed in this contract. Invoices for supplies
purchased, services performed, and expenses incurred through June 30 of any
year must be submitted to the State no later than July 31 of that year;otherwise
Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS
105/25. All invoices are subject to statutory offset. 30 ILCS 210.
4.1.6.1 Vendor shall not bill for any taxes unless accompanied by proof that the
State is subject to the tax. If necessary, Vendor may request the
applicable Agency's Illinois tax exemption number and Federal tax
exemption information.
4.1.6.2 Vendor shall invoice at this completion of the contract unless invoicing is
tied in this contract to milestones, deliverables, or other invoicing
requirements agreed to in the contract.
Send invoices to:
Agency: Requesting Agency/Entity
Attn: Requesting Agency/Entity
Address: Requesting Agency/Entity
City,State Zip Requesting Agency/Entity
For procurements conducted in BidBuy, the Agency may include in this contract the
BidBuy Purchase Order as it contains the Bill To address.
4.2 ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by
Vendor without the prior written consent of the State.
4.3 SUBCONTRACTING: For purposes of this section, subcontractors are those specifically
hired to perform all,or part of the work covered by this contract. Vendor must receive
prior written approval before use of any subcontractors in the performance of this
contract. Vendor shall describe,in an attachment if not already provided,the names and
addresses of all authorized subcontractors to be utilized by Vendor in the performance of
this contract, together with a description of the work to be performed by the
subcontractor and the anticipated amount of money that each subcontractor is expected
to receive pursuant to this contract. If required, Vendor shall provide a copy of any
subcontracts within fifteen (15) days after execution of this contract. All subcontracts
must include the same certifications that Vendor must make as a condition of this
contract. Vendor shall include in each subcontract the subcontractor certifications as
shown on the Standard Certification form available from the State. If at any time during
the term of the Contract,Vendor adds or changes any subcontractors,then Vendor must
promptly notify, by written amendment to the Contract, the State Purchasing Officer or
the Chief Procurement Officer of the names and addresses and the expected amount of
20
State of Illinois IFS
Contract: Standard Business Terms and Conditions
V.20.1
money that each new or replaced subcontractor will receive pursuant to the Contract.30
ILCS 500/20-120.
4.4 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books
and records relating to the performance of this contract and any subcontract necessary
to support amounts charged to the State pursuant this contract or subcontract Books
and records, including information stored in databases or other computer systems, shall
be maintained by the Vendor for a period of three (3)years from the later of the date of
final payment under the contract or completion of the contract,and by the subcontractor
for a period of three (3) years from the later of final payment under the term or
completion of the subcontract. If Federal funds are used to pay contract costs,the Vendor
and its subcontractors must retain their respective records for five (5)years. Books and
records required to be maintained under this section shall be available for review or audit
by representatives of: the procuring Agency,the Auditor General,the Executive Inspector
General, the Chief Procurement Officer, State of Illinois internal auditors or other
governmental entities with monitoring authority, upon reasonable notice and during
normal business hours. Vendor and its subcontractors shall cooperate fully with any such
audit and with any investigation conducted by any of these entities. Failure to maintain
books and records required by this section shall establish a presumption in favor of the
State for the recovery of any funds paid by the State under this contract or any
subcontract for which adequate books and records are not available to support the
purported disbursement. The Vendor or subcontractors shall not impose a charge for
audit or examination of the Vendor's or subcontractor's books and records. 30 ILCS
500/20-65.
4.5 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor's performance
of this contract. Vendor shall continue to perform its obligations while any dispute
concerning this contract is being resolved unless otherwise directed by the State.
4.6 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to
exercise or enforce a right does not waive that Party's right to exercise or enforce that or
other rights in the future.
4.7 FORCE MAIEURE: Failure by either Party to perform its duties and obligations will be
excused by unforeseeable circumstances beyond its reasonable control and not due to its
negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood,
explosion, and governmental prohibition. The non-declaring Party may cancel this
contract without penalty if performance does not resume within thirty (30) days of the
declaration.
4.8 CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and
subcontractors, may have or gain access to confidential data or information owned or
maintained by the other Party in the course of carrying out its responsibilities under this
contract. Vendor shall presume all information received from the State or to which it
gains access pursuant to this contract is confidential. Vendor information, unless clearly
marked as confidential and exempt from disclosure under the Illinois Freedom of
21
State of Illinois IFB
Contract: Standard Business Terms and Conditions
V.20 1
Information Act, shall be considered public. No confidential data collected, maintained,
or used in the course of performance of this contract shall be disseminated except as
authorized by law and with the written consent of the disclosing Party, either during the
period of this contract or thereafter. The receiving Party must return any and all data
collected,maintained,created or used in the course of the performance of this contract,
in whatever form it is maintained, promptly at the end of this contract, or earlier at the
request of the disclosing Party, or notify the disclosing Party in writing of its destruction.
The foregoing obligations shall riot apply to confidential data or information lawfully in
the receiving Party's possession prior to its acquisition from the disclosing Party; received
in good faith from a third Party not subject to any confidentiality obligation to the
disclosing Party; now is or later becomes publicly known through no breach of
confidentiality obligation by the receiving Party; or that is independently developed by
the receiving Party without the use or benefit of the disclosing Party's confidential
information.
4.9 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this
contract, whether written documents or data,goods or deliverables of any kind, shall be
deemed work for hire under copyright law and all intellectual property and other laws,
and the State of Illinois is granted sole and exclusive ownership to all such work, unless
otherwise agreed in writing. Vendor hereby assigns to the State all right,title,and interest
in and to such work including any related intellectual property rights, and/or waives any
and all claims that Vendor may have to such work including any so-called "moral rights"
in connection with the work. Vendor acknowledges the State may use the work product
for any purpose. Confidential data or information contained in such work shall be subject
to the confidentiality provisions of this contract.
4.10 INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the
State of Illinois, its agencies, officers,employees,agents and volunteers from any and all
costs,demands,expenses,losses,claims,damages,liabilities,settlements andjudgments,
including in-house and contracted attorneys' fees and expenses, arising out of: (a) any
breach or violation by Vendor of any of its certifications, representations, warranties,
covenants or agreements; (b)any actual or alleged death or injury to any person,damage
to any real or personal property, or any other damage or loss claimed to result in whole
or in part from Vendor's negligent performance;(c)any act,activity or omission of Vendor
or any of its employees, representatives, subcontractors or agents; or (d) any actual or
alleged claim that the services or goods provided under this contract infringe,
misappropriate, or otherwise violate any intellectual property (patent, copyright, trade
secret, or trademark) rights of a third party. In accordance with Article VIII, Section
1(a),(b) of the Constitution of the State of Illinois, the State may not indemnify private
parties absent express statutory authority permitting the indemnification. Neither Party
shall be liable for incidental, special,consequential,or punitive damages.
22
State of Illinois IFB
Contract: Standard Bus?ness Terms and Conditions
V 20.1
4.11 INSURANCE: Vendor shall,at all times during the term of this contract and any renewals
or extensions, maintain and provide a Certificate of Insurance naming the State as an
additionally insured for all required bonds and insurance. Certificates may not be
modified or canceled until at least thirty(30)days' notice has been provided to the State.
Vendor shall provide: (a) General Commercial Liability insurance in the amount of
$1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage)
and$2,000,000 Annual Aggregate;(b)Auto Liability,including Hired Auto and Non-owned
Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of
$1,000,000 per occurrence; and (c) Worker's Compensation Insurance in the amount
required by law. Insurance shall not limit Vendor's obligation to indemnify, defend, or
settle any claims.
4.12 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an
agent or employee of,or joint venturer with the State. All payments by the State shall be
made on that basis.
4.13 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by
the State during the term of this contract to perform any work under this contract.
Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends
to solicit State employees to perform any work under this contract.
4.14 COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors
shall comply with all applicable Federal, State, and local laws, rules, ordinances,
regulations, orders, Federal circulars and all license and permit requirements in the
performance of this contract. Vendor shall be in compliance with applicable tax
requirements and shall be current in payment of such taxes. Vendor shall obtain at its
own expense,all licenses and permissions necessary for the performance of this contract.
4.15 BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security
reasons, the State may conduct, at its expense, criminal and driver history background
checks of Vendor's and subcontractor's officers, employees or agents. Vendor or
subcontractor shall immediately reassign any individual who, in the opinion of the State,
does not pass the background check.
4.16 APPLICABLE LAW:
4.16.1 PREVAILING LAW: This contract shall be construed in accordance with and is
subject to the laws and rules of the State of Illinois.
4.16.2 EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity
requirements are incorporated by reference. 44 III. Adm. Code 750,
4.16.3 COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against
the State arising out of this contract must be filed exclusively with the Illinois Court of
23
State of Illinois IF8
Contract Standard Business Terms and Conditions
V.20.1
Claims. 705 ILCS 505/1. The State shall not enter into binding arbitration to resolve any
dispute arising out of this contract. The State of Illinois does not waive sovereign
immunity by entering into this contract.
4.16.4 OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by
reference. An unofficial version can be viewed at(tvww.itQa.nov/lepislatioii/ilcs/iks.asp).
4.17 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has
arising under Federal or State antitrust laws relating to the subject matter of this contract,
then upon request of the Illinois Attorney General,Vendor shall assign to the State all of
Vendor's rights,title and interest to the claim or cause of action.
4.18 CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of
Illinois shall be the only State entity responsible for performance and payment under this
contract. When the Chief Procurement Officer or authorized designee or State Purchasing
Officer signs in addition to an Agency, he/she does so as approving officer and shall have
no liability to Vendor. When the Chief Procurement Officer or authorized designee or
State Purchasing Officer signs a master contract on behalf of State agencies, only the
Agency that places an order or orders with the Vendor shall have any liability to the
Vendor for that order or orders.
4.19 EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a
unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or
enter into a contract with a State agency if that business or any member of the unitary
business group is an expatriated entity.
4.20 NOTICES: Notices and other communications provided for herein shall be given in writing
via electronic mail whenever possible. If transmission via electronic mail is not possible,
then notices and other communications shall be given in writing via registered or certified
mail with return receipt requested,via receipted hand delivery,via courier (UPS, Federal
Express or other similar and reliable carrier), or via facsimile showing the date and time
of successful receipt. Notices shall be sent to the individuals who signed this contract
using the contact information following the signatures. Each such notice shall be deemed
to have been provided at the time it is actually received. By giving notice, either Party
may change its contact information.
4.21 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in
writing and signed by authorized representatives of the Parties. Any provision of this
contract officially declared void, unenforceable,or against public policy, shall be ignored
and the remaining provisions shall be interpreted, as far as possible, to give effect to the
Parties' intent. All provisions that by their nature would be expected to survive, shall
survive termination. In the event of a conflict between the State's and the Vendor's terms,
conditions and attachments,the State's terms, conditions and attachments shall prevail.
24
State of Illinois IFB
Contract: Standard Business Terms and Conditions
V.20.1
4.22 PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet
to discuss performance or provide contract performance updates to help ensure proper
performance of this contract. The State may consider Vendor's performance under this
contract and compliance with law and rule to determine whether to continue this
contract,suspend Vendor from doing future business with the State for a specified period
of time, or whether Vendor can be considered responsible on specific future contract
opportunities.
4.23 FREEDOM OF INFORMATION ACT: This contract and all related public records
maintained by, provided to, or required to be provided to the State are subject to the
Illinois Freedom of Information Act(FOIA)notwithstanding any provision to the contrary
that may be found in this contract. 5 ILCS 140.
4.24 SCHEDULE OF WORK: Any work performed on State premises shall be performed during
the hours designated by the State and performed in a manner that does not interfere with
the State and its personnel.
4.25 WARRANTIES FOR SUPPLIES AND SERVICES:
4.25.1. Vendor warrants that the supplies furnished under this contract will: (a)conform
to the standards, specifications, drawing, samples or descriptions furnished by
the State or furnished by the Vendor and agreed to by the State, including but
not limited to all specifications attached as exhibits hereto; (b) be merchantable,
of good quality and workmanship, and free from defects for a period of twelve
months or longer if so specified in writing, and fit and sufficient for the intended
use; (c) comply with all federal and state laws, regulations and ordinances
pertaining to the manufacturing, packing, labeling, sale and delivery of the
supplies; (d) be of good title and be free and clear of all liens and encumbrances
and;(e) not infringe any patent,copyright or other intellectual property rights of
any third party. Vendor agrees to reimburse the State for any losses, costs,
damages or expenses, including without limitations, reasonable attorney's fees
and expenses, arising from failure of the supplies to meet such warranties.
4.25.2. Vendor shall ensure that all manufacturers' warranties are transferred to the
State and shall provide to the State copies of such warranties. These warranties
shall be in addition to all other warranties,express,implied or statutory,and shall
survive the State's payment, acceptance, inspection or failure to inspect the
supplies.
4.25.3. Vendor warrants that all services will be performed to meet the requirements of
this contract in an efficient and effective manner by trained and competent
personnel. Vendor shall monitor performances of each individual and shall
immediately reassign any individual who does not perform in accordance with
25
State of Illinois IFB
Contract Standard Business Terms and Conditions
V.20.1
this contract, who is disruptive or not respectful of others in the workplace, or
who in any way violates the contract or State policies.
4.26 REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately
notify the State of any event that may have a material impact on Vendor's ability to
perform this contract.
4.27 EMPLOYMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-
offenders may be eligible for tax credits. 35 ILCS 5/216,5/217. Please contact the Illinois
Department of Revenue(telephone ti: 217-524-4772)for information about tax credits.
The Vendor is required to report to Central Management Services— Bureau of Strategic
Sourcing (BOSS) an annual report on the hiring of Veterans and Ex-Offenders,this report
must be sent by September 30" of every year. The report shall be attached and sent to
the following email address: CMS.BOSS.SourcinR@illinois.Kov.
26
State of Illinois IF
contract: Standard Business Terms and Conditions
V.20 1
S. STATE SUPPLEMENTAL PROVISIONS
® Agency Definitions
5.1 "Chief Procurement Officer" means the chief procurement officer appointed pursuant
to 30 ILCS 500/10-20(a)(4).
5.2. "Governmental unit" means State of Illinois,any State agency as defined in Section 1-
15.100 of the Illinois Procurement Code,officers of the State of Illinois, any public
authority which has the power to tax,or any other public entity created by statute.
Required Federal Clauses,Certifications and Assurances
Public works Requirements (construction and maintenance of a public work) 820 ILCS
130/4.
Prevailing wage (janitorial cleaning, window cleaning, building and grounds, site
technician, natural resources, food services, security services, and printing, if valued at
more than$200 per month or$2,000 per year) 30 ILCS 500/25-60.
® Agency Specific Terms and Conditions
5.3. The Chief Procurement Officer for General Services makes this Joint Purchase Master
Contract available to all governmental units.
5.4. Vendor agrees to extend all terms and conditions,specifications,and pricing or discounts
specified in this Joint Purchase Master Contract for the items in this Joint Purchase Master
Contract to all governmental units.
5.5. The supplies or services subject to this Joint Purchase Master Contract shall be distributed
or rendered directly to each governmental unit.
5.6. Vendor shall bill each governmental unit separately for its actual share of the costs of the
supplies or services purchased.
5 7. The credit or liability of each governmental unit shall remain separate and distinct.
5.8. Disputes between vendors and governmental units shall be resolved between the
affected parties.
5.9 All terms and conditions in this Joint Purchase Master Contract apply with full force and
effect to all purchase orders.
® Other(describe)
5.10. COVID-19 PROTECTIONS: In response to the COVID-19 pandemic, Governor J.B. Pritzker
issued Executive Order 2021-22 and 2021-23. These Executive Orders mandate certain
contractors shall use face coverings, have COVID-19 vaccinations, or undergo testing for
n
state of tlfinois IF8
Contract: State Supplemental Provisions
V.201
COVID-19 when in indoor public places, Health Care Facilities, Schools, Institutions of
Higher Education, and State-owned and operated congregate facilities. Vendor shall
adhere to the requirements of these Executive Orders as applied by the Agency. The
Agency may also implement vaccination or testing requirements that exceed those in the
Executive Orders.
28
State of Illinois IFB
Contract State Supplemental Provisions
V.20 1
Illinois StaaBid SubcawactimTotakfor Handil"mWHwdHng Solicitation 21-416CMS-BOSS4-8 24795 CMP-Form 1.6.2
Service Depot Depot Spend Freight&Fuel Spend Vendor Addresses Forms
Chicago,It
Calumet Transload $1,722,000 10730 Burley Avenue,Chicago,IL 60617 B
5 Star Hauling 5600,000 14210 Kenton Ave, Crestwood,1160419 B
5366 Logistics $640,000 4501 US-12,Richmond,IL 60071 B
Sunset $175,000 1320 S Virginia,Crystal Lake,IL 60014 A
Truck KIng Hauling Contractors,Inc. $3,200,000 4600 W 48th St,Chicago.1160632 B
Keokuk,lA
Roquette American Services Inc 5110,000 2301 Twin Rivers Road,Keokuk,IA 52632 A
97 Grain and Trucking-dba Midwest Express $56,000 10060 E 350 Macomb,IL 61455 B
Commanche,IA
ADM $270,000 1419 N Washington Blvd,Comanche,IA 52730 A
ADM-Transport $370.000 4666 Faries Parkway Decatur,IL 62526 A
Louisiana,MO
Wayne R Smith $1411,000 10415 Hwy 79,Louisiana,MO 63353 8
George Potterfield Trucking $338,000 207 County Line Road,Monroe City,MO 63456 8
Metropolis,IL
Kotter Ready Mix $95,000 1200 E 2nd Street,Metropolis,IL 62960 8
Kotter Ready Mix 5183,000 1200 E 2nd Street,Metropolis.IL 62960 B
Mihvaukee,WI
Compass Minerals $404,000 20015 Lincoln Memorial,Milwaukee,WI 53207 Compass Form B
CLK Systems Inc $261,000 39882 N Mauser Or Wadsworth,IL 60083 B
Portland $104,000 98 E Shore Drive,Random lake,WI 53075 A
PJ's Trucking $104,000 W12559861 N Cape Road,Musk o,WI 53150 B
Zizzo's $104,000 3000 Sheridan Rd.,Kenosha,W153140 B
Mt.Vernon,IN
Mulzer Crushed Stone $61,000 10700 Hwy 69 5,Mt.Vernon,IN 47620 B
Mulzer Crushed Stone $74,900 10700 Hwy 69 S,Mt.Vernon,IN 47620 B
St.Louis,MO(Beelman)
Beelman Terminal $472,000 210 Bremen Ave.,Venice,IL 62090 B
Beelman Logistics $478,000 01 Racehorse Drive,E.St.Louis,MO 62205 8
St.Louis,MO(Oakley)
Bruce Oakley $13,000 1 Angelica St.St.Louis,Mo 63353 B
George Potterfield Trucking $13,698 207 County Line Road,Monroe City,MO 63456 B
Dubuque,la
Peavey Co,Gavilon Grain $25,000 SOS East 7th St,Dubuque,IA 52001 less than$SOK
All Seasons Trucking $35,000 7750 Windy Ride Dubuque,IA 52003 less than$SOK
Rock Island,II
Alter.Rock Island River Terminal $291,000 7th Ave MILT Street Rock Island,IL 61201 Subcontractor will submit Forms post bid
Overland Systems $368,000 13631 110th Ave Davenport,IA 52804 Subcontractor will submit Forms post bid
Henry-Middle River Marina
Henry-Middle River Marine $268,000 1440 County Roact 1500 E.Hen�v Il 61537 A
Ozinga Transportation,Inc. $485,000 1440 County Road 15011 E,Henry,IL 61537 A
Lemont-Middle River Marine
Lemont Middle River Marine S3()9,0001 11400 Old Lemont Road.Lemont IL 60430 A
Ozinga Transportation,Inc. $293,600 11400 Old Lemont Road,Lemont.Il 6043- A
Ottawa-Ottawa Barge Terminal
Ottawa Ottawa Barge Terminal $205,000 1365 N 1803 RD OTTAWA.0 iii 350 A
Wiesbrock Trucking S296,00011 1748 F 950th Road iP0 Roe 1°'i-Pono- '1 61335 A
'All 5's are subject to change based on contract award
Barrington Community School Disc 515 W Main St,a22D Barrington IL.60010 616 W Main St SOD 564.57 Compass P-30920 137 nsat@bamrigton220.org
300 Raymond Avenue,
Bamngton,Village of Barrington,Illinois 60010 300 Raymond Ave 900 $61.57 Compass P•30920 138 pukowk@W
xrcington-ilgov
51 Raupp Blvd,BuNelo
Buffab Grove,Village o/ Grove,It,60089 51 Rwpp BIW 1750 558.77 Comwss P-30920 139 zfl[ntane7@vbg.org
2498 East take Avenue
Glenview,Village of 2498 East Lake Ave 3000 $50.58 Compass 0.30920 140 dbattaglla@glenview.il.us
Glenview,Illinois 60026
7
Bensenville,Village of 17 E.Jefferson Street
It 60106 717 E.leffra+
sSt. 600 $62.56 Compass P-30920 141 Icaracct@x
bennvllleJl.us
Beotenvllle
201 South 8ltwrntngdak
Bloomingdale,Village of Rd..It 60108 305 Glen Ellyn Rd 1300 561.18 Compass P-30920 142 vegan@NLblOomingdak.iLus
Road,Burr Ridge,Village of 76W S.County Une
Burr Ridge.Illinois,60527 305640 Garfield Avenue 1800 $55.18 Compass P•30920 143 dpreissig@burr-nrlge.gov
Clarendon Hills,VU 1 N Prmpoct,Clarendon
Village Of Hills it 60S14 45I West Park Avenue 600 $60.97 Compass P-30920 141 bmcisughNn@Narcntlonhuls.us
Downers Grove,Village 5101 Walnut Ave., $101 Walnut Ave 1700 556.78 Compass P-30920 145 Itucker@downers,w
Downers Grove,14 60515
SW Civic Center Mala
Glendale Heights.Village OI Dow,Glendale Heights, 1615 Glen Ellyn Road 2400 558.37 Compass P-30970 146 Iwrehasirig@glendaleheights.org;dartleyrn@gkndakheights.org
It 60139
Hinsdale,Village of 19 E Chicago Ave, 22S Symonds Dr 700 S60.97 Comwss P-30920 147
Hinsdale,tL 60521 gpeluso@vNlageofimsdale.eqYo
;rehn@Nllegeofhmsdaleoryt
Lake Park High School East Campus S.Medinsh Ad.Roselle Roselle It,60172 600 South Madinah 7S 56337 Compass P-30920 148 Ibu[clri@Iphs.Otg;nandrevn@iphs org
Lake Dark High School West Campus 590 S.Medinah Rd.Roselle it,60171 500 West Bryn Mawr 60 553.37 Compass R30920 149 RWOLIDS@1PHS.ORG;nandrews@Iphs.org
Milton Township Hwy.Dept. 23 W 040 Poss St,Glm 23 W 000 Pots St. 100 $62.58 CO
Ellyn,It W137 mesas P-30920 150 mthd@mlhonhighwW cpm
251 w.Hillside rd. 700 w srh A— 270 $63.37 Compass P-90920 151 rrechenmocher@napeMlleI03.
Naperville Ctxnmunity,Aliwl Dist 203 Naperville It 60510
Naperville Community School Dist I03 251 w.Hillside it. 203W.Hillside Road 270 S63.37 Compass P-30970 152 rrechenmachw@wperAIO#203.org
Naperville it 60540
180 Fort Hill Drive-PO 180 Fort HIII Drive-PO Bos 13500 548.93 Compass P-30920 153 xhwartzhoffe@nawrville,11 us
Naperville,city of Boa 3020 3020
11200 Oak Brook Rd,Oak
Oak Brook,Villages of 60523 3003/o.re Blvd. 800 $58.78 Compass P-30920 154 Ihammet@oak-lsrook,org
$rook If.
Oakbrook Terrace.City of Ro d 275 Butterfield 17 W 275 Buttedleld Road 400 562.58 Compass P-30920 155 [ward@oakbrookte rece.net
Roselle,Village of 474 Congress CircleNorth,RoselleIt.60172 474 Congress Circle Norm 1300 56037 Compass P-30920 3`•b ksyoung!-4'rMrtle.+Lus
Illinois Department of
Transportation Attn'
State,IOOT•DUPAGE COUNTY(T5## Financial Services 201 127C1 140 N.COUNTY FARM ROAD 200 $63.37 Compass P-30920 157 un.5
uhanlay@iibfs.g
noov
West Center Court
Schaumburg,IL 60196-
10%