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20-1014 Compass Minerals
Coss M: xo S October 14, 2020 Agenda Bid Item: #3 —Joint Purchasing Program — 2020-2021 Bulk Road Salt ($1,064,910) • Signature needed by City Manager. • Return 1 copy to Aaron Neal. • PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 14th day of October ,2020,by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as "City")and Compass Minerals America,Inc.,a Delaware corporation,(hereinafter referred to as"Compass"or"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 compass shall sell the goods and/or services described by and pursuant to the terms and conditions of Attachment A,attached hereto and made a part thereof. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 2. LAW/VENUE. 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. Compass 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 lawsuits brought pursuant to this agreement or the subject matter thereof. Service by first lass U.S.mail to Compass Minerals America,Inc.,c/o National Registered Agents Inc.,208 S.LaSalle Street,Suite 814,Chicago,IL 60604 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. EXECUTION. This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or a-mail shall be treated in all manners and respect as an original document.The signature of any party on,a copy of this agreement shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 4. PAYMENT. City shall pay to Compass$96.81 per ton within thirty(30)days of delivery or city's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight,shipping and applicable taxes. COMPASS MINERALS AMERICA,INC. OF Saki Lt Print Name Richard . zal,City Manage 14^N. Att Signature / City rk `lr �( Title ATTACHMENT A STATE OF ILLINOIS CONTRACT Central Management Services JPMC ROCK SALT BULK,FY20 CYi9-20,BEP BidBuy IFBR 20.416CM5-BOSS441-6189 12b95 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 Contractor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Contractor'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 IX No Contract uses Illinois Procurement Gateway Certifications and Disclosures? ® Yes(IPG Certifications and Disclosures including FORMS B) O No 1. DESCRIPTION OF SUPPUES AND SERVICES 2. PRICING 3. TERM AND TERMINATION 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STATE SUPPLEMENTAL PROVISIONS 6. STANDARD CERTIFICATIONS 7. FINANCIAL DISCLOSURES AND CONFUCTS OF INTEREST 8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES—"FORMS B"(IF APPLICABLE) 9. PURCHASE ORDER FROM BIDBUY(IF APPUCABLE) 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 State at URinms ire Cnntran: Title Page V.16A STATE OF ILLINOIS CONTRACT Central Management Services JPMC ROCK SALT BULK,FY20 CY19-20,BEP BidBuy IFBK 20-416CMS-BOSS4-B-8189 P-PC9 VENDOR - 9140 West. 1017051rie7 Vendor Name:Compass Minerals America Inc. Address(City/State/Zip):Overland Park,KS 66210 Signature: )' �G� ,t_e; Phone:913-344-9330 Printe me:A th y 1.Sepich Fax:913-338-7945 Title:Senior Vice President,Salt Email:LierzS@compassminerals.com Date: June 25,2019 STATE OF ILUNOIS Procuring Agency:CMS Bureau of Strategic Sourcing Phone:Wayne Iisley,Buyer.217-8782-8091 Street Address:1000 E.Converse Street Email:wayne.ilsleytlillinois.gov City,State ZIP:Springfield,IL 62702 Official Signature:64447vitteDate: c la-7 l 1 Q Printed Name: Janel L.Fordo?, VV Acting Director by Krystl Rinaldi. Official's Title: Agency Purchasing Officer Signature: Date: Printed Name: Title: Signature: Date: Printed Name: Title: 2 State of Illinois IFB Contract: S4gnature Page VIII4 AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS Agency Reference I: 20-416CM5-8OS54-R-35969 Project Title: JPMC ROCK SALT BULK,FY20 CY19.20,BEP Contract#: ao-LI1G'CM5- BOSS - P- 1 D6 5 Procurement Method OIFB,RFP,Small Purchase,etc.):IFB-Invitation For Bid BidBuy Reference A: BidBuy IFB#20-416CMS-BO5S4-13-11i89 BidBuy Publication Date: DC. 13, 20! 9 Award Code: A Subcontractor Utilization?®Yes QNo Subcontractor Disclosure?®Yes 12No Funding Source: Obligation#: • Small Business Set-Aside?❑Yes®No Percentage: Minority Owned Business?❑Yes ONo Percentage: Women Owned Business?Q Yes QNo Percentage: Persons with Disabilities Owned Business?❑Yes QNo Percentage: Veteran Owned Small Business?Q Yes QNo Percentage: Other Preferences? 9 State of lllinols IFB Contract:State Use only V.1B.4 1. DESCRIPTION OF SUPPLIES AND SERVICES 1.1. GOAL: To establish a joint purchasing master contract(s) to enable The Department of Transportation, The Illinois Toll Highway, and all other Governmental Units and qualified not-for-profit agencies identified via survey and listed within the BidBuy Items Tab to purchase bulk rock salt to be used for roadway ice control during the period of the contract. Note: Participation in this contract is based upon an annual survey and additional governmental agency participation in the resultant contract is not allowed thereafter. 1.2. SUPPLIES AND/OR SERVICES REQUIRED: ROCK SALT SPECIFICATION REQUIREMENTS: Rock Salt herein shall comply with the requirements of AASHTO SPECIFICATION M143,SODIUM CHLORIDE TYPE 1,GRADE L •Rock Salt furnished on any order will not contain more than one-half pound nor less than 35 ppm of ferric ferrcyanide or sodium ferrocyanide per ton at delivery point. •Rodc Salt shall be free flowing fresh stock,reclaimed or re-crushed rock salt will not be accepted and shalt be rejected by delivery site. NOTICE: Alternate Specification salt offering will not be considered for evaluation. ESTIMATED QUANTITIES: A survey process has been conducted to identify needs of the participants identified within this solicitation.The amounts identified within the pricing sheets represent 100.%of the estimated rock salt ton seasonal needs per line. MINIMUM 80.%COMMITMENT: Unless otherwise identified,the participant shall be required to purchase from the contracted vendor 80.%of the estimated amount;and have no further liability to the vendor for further remaining quantities. MINIMUM 100.%COMMITMENT: Many participants have committed to 100.%of the estimated tonnage.in such instances,"100.%Purchase Commitment"is noted In the bid document for these line items. Bidders are encouraged to factor this into consideration when quoting actual bid-line pricing. MAXIMUM VENDOR COMMITMENT: The vendor shall agree to provide up to 120.% of the Bid Quantity estimated tonnage at the same contract price. QUANTITIES EXCEEDING 120.%: 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 and in accordance with the"ECONOMIC ADJUSTMENT CLAUSE"included herein. 4 State of Sands Fa Contract:0eserIatlon of Supplies and Services V.18.4 PURCHASE PERCENTAGES: The Illinois Department of Transportation has provided estimated quantities for individual counties,and quantities purchased from each company shall be computed on a District by District basis(not County by County). The Illinois State Toll Highway Authority,quantities purchased from each company shall be computed separately for each salt storage facility location. For other governmental units and qualified not-for-profit agencies,guarantees shall be computed separately for each participant,based upon the locations contracted quantity,Independent from the IDOT District and Tollway quantities. BB 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. 181 If checked,see BidBuy Purchase Order for a Description of Supplies and/or Services. 1.3. MILESTONES AND DELIVERABLES: ORDER PLACEMENT: IDOT and Tollway orders may be placed with the vendor ( Monday - Friday ) via telephone, with a written or fax confirmation, and formal confirming order to follow. Vendors shall arrange for immediate shipment upon receipt of order from an authorized participating agency representative. ORDER QUANTITY: Orders shall be scheduled in amounts that make up full(22-25 ton) truckloads,orders for less than truckload will not be accepted. INITIAL ORDERS: The Illinois Department of Transportation and The Illinois State Toll Highway require the successful vendors to ship initial fill-up orders prior to October 31,2019. Please reference the attachments,hereby made part of this invitation for bid.Vendor(s)shall notify each destination entity when initial shipments are to begin. SEASONAL ORDERS: Other governmental units and qualified not-for-profit agencies reserve the right to purchase up to 50.%of the estimated order requirements prior to November 30, 2019. Vendor shall notify each delivery point of when shipment Is to begin. ORDERING 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. Far 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 herein. ORDERING GUIDELINE: An agency may order up to 20.% 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 s State of Roots rib Contract:Description or Supplies and Serv'ces V.ia.1 • 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 ton, 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. PEAK SEASON: 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. 1.4. VENDOR/STAFF SPECIFICATIONS: STOCKPILE AND 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. STOCKPILE AVAILABILITY: Successful vendors shall have stockpiles of Rock Salt in Illinois or near it's boundaries in sufficient quantities to satisfy the State of,Illinois contractual requirements and stockpile staging requirements shall be as follows: *AT UPPER MISSISSIPPI RIVER STOCKPILE LOCATIONS• •DISTRICT-1,DISTRiCT-2,DISTRICT-3,DISTRICT-4 •100.%BY DECEMBER 1,2019• °AT AU.OTHER DOWNSTATE STOCKPILE LOCATIONS* °50.%BY DECEMBER 1,2019.100.%BY JANUARY 1,2020* Such stockpiles must be near enough to delivery points to allow for timely delivery as required by the State of Illinois contractual requirements. v Vendors shall furnish satisfactory evidence of stockpile status upon request from CMS • and supply and submit such within a stated timeline. fV Vendors may also be required to furnish a list of rock salt commitments against these stockpiles as a result of other contractual agreements. 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. 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 6 State a<Illinois in Contract:Descrrplron of Supplies and Services V.114 use in its'contract administration effort. Failure to comply In timely manner may be considered a breach of contract. 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.mll/Missions/Navieation/Navigation-Status/ 1.5. TRANSPORTATION AND DELIVERY: DELIVERY TIME: Deliveries are to be made within seven (7) working days, or as extended by order guideline herein. For all orders placed by contract participants on or after December 1,2019 and prior to April 1,2020 order delivery performance shall be subject to application of Liquidated Damages as stated herein. DELIVERY SCHEDULE; Salt order deliveries will be accepted only during regular work days(Monday thru Friday)and working day hours(7:30 a.m.-3:30 p.m.).excluding state holidays, except where special arrangements are made in advance with an appropriate representative at the delivery site. DELIVERY LOCATIONS: A complete list of delivery locations for!DOT and Taliway is Included herein. Specific addresses for other governmental units and qualified not- for-profit agencies will be given at the time of order. PAYMENT OF TOLLS: The contractor 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. DELIVERY INVOICES: Vendor invoices shall show the date orders were placed with the vendor and the dates and amounts of salt delivered. DELIVERY TICKETS: Each delivery ticket shall be a direct entry (no manual entries) certified scale ticket indicating gross,tare, and net weight of each truddoad 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 will ensure all weights and measures shown on all tickets are correct DEUVERY 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. 7 State of nnnou ire Centre G:Description of Supplies and Services V.16.4 DELIVERY 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. WEIGHTS AND MEASURES: Governmental units and qualified not-for-profit agencies 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 State reserves the right to take action to remedy vendors failure to provide accurate weights and measures. Reference'WEIGHTS AND MEASURES" in Section 5 for requirements and adjustments. FOREIGN MATERIALS: Truckloads, new or pre-loaded, of Rock Salt containing any foreign material such as mud, rocks, grader teeth, wood, tarpaulins, etc., may be rejected at the delivery site. In the event any agency discovers foreign material in truckloads of rock salt already dumped at its location,the salt and foreign matter may be reloaded onto the cartage hauler's truck by the agency and returned far 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. SUBCONTRACTING Subcontractors shall be allowed. 1.6.1, Will subcontractors be utilized? X Yes ❑ No A subcontractor is a person or entity that enters into a contractual agreement with a total value of$50400 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. 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. e Subcontractor Name:See attached 8EP PLAN ATTACHMENT Amount to Be Paid:Lack here to enter test a Slated Mach Ira Carina oesvtption of Sappfias and Services Vab.a Address:Click here to enter text • Description of Work:Click here to enter text e Subcontractor Name:Click here to enter text Amount to Be Paid:Click here to enter text Address:Click here to enter text Description of Work:Click here to enter text 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 550,000, 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 subcontractor(s). 1.7. SUCCESSOR VENDOR []Yes®No This contract is for services subject to 30 ILCS 500/25•10. Heating and air conditioning service contracts, plumbing service contracts, and electrical service contracts are not subject to this requirement. Non• service contracts, construction contracts, qualification based selection contracts, and professional and artistic services contracts are not subject to this requirement. If yes is checked,then the Vendor certifies: (i) that it shall offer to assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer;and 9 State of Ilhnols ff8 Contract:Description of Supptte'and Services V.LB4 • (II) that It shall offer employment to all employees currently employed In any existing bargaining unit who perform substantially similar work to the work that will be performed pursuant to this contract. This certification supersedes a response to certification 4. Form F, of the Illinois Procurement Gateway(iPG). 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:See 1.6.2 above Value of services performed at this location:Click here to enter text • Location where services will be performed:Click here to enter text Value of services performed at this location:Click here to enter text 10 State of Illinois IFS Contract:Deurtoton or Supplies and Servtees V.1BA • • 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. 11.2 Pricing shall be submitted in the following format: (Within BldBuy Items Tab) • 2.2 TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract value is firm orestknated at the time it is submitted forobilgation. The total value of this contract is an Estimated Quantity/Value Master Contract. 23 EXPENSES ALLOWNED: Expenses are not allowed. 2A DISCOUNT: The State may receive a 0 96 discount for payment within n/a days of receipt of correct invoice. This discount will not be a factor in making the award. 2.5 VENDOR'S PRICING: Attach additional pages if necessary or if the format of pricing specified above in Section 2.1 requires additional pages. 2.5.1. Vendor's Price for the Initial Term: $79,557.200.00 BB For procurements conducted In BidBuy,the State may Include in this contract the BidBuy Purchase Order as it contains the agreed Pricing. X If checked,see BidBuy Purchase Order for the Vendor's Price for the Initial Term. 25.2. Renewal Compensation: If the contract Is renewed, the price shall be at the same rate as for the initial term unless a different compensation or formula for. determining the renewal compensation is stated in this section. 2.5.3. Reference"ECONOMIC ADJUSTMENT CLAUSE'Included within Section S 2.6 MAXIMUM AMOUNT: (Not Applicable H Estimated quantity/value master contract.) State 01 IBnos tFB I S Corarad Pricing V.180 3. TERM AND TERMINATION 3.1 TERM OF THIS CONTRACT: This contract has an initial term of 12 Months starting after final execution signatures. If a start date is not identified, the term shall commence upon the last dated signature of the Parties. BB For procurements conducted in BidBuy, the State may include in this contract the BldBuy Purchase Order as it contains the agreed term. X If checked,see the Bid Buy Purchase Order for Term of this Contract. • 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 S00/20-60 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. 32 RENEWAL: 3.2.1. Any renewal is subject to the same terms and conditions as the original contract unless otherwise provided in the pricing section. The State may renew this contract for any or all of the option periods specified, may exercise any of the renewal options early,and may exercise more than one option at a time based on continuing need and favorable market conditions,when in the best interest of the State. The contract may neither renew automatically nor renew solely at the Vendor's option.. 3.2.1.1: CONTRACT RENEWAL AT THE STATE'S OPTION:The State may Renew this contract for an additional one 12 Month period at its option under the same terms and conditions, other than addressed herein. Locations to be renewed and renewal quantity shall be adjusted to reflect the surveyed requirements of the governmental units and qualified not-for-profit agencies desirous of renewing. Renewal quantities by location shall not be increased by more than 2D.%for any individual location. 3.2.2. Pricing for the renewal term(s),or the formula for determining price,is shown in • the pricing section of this contract 3.2.3. The State reserves the right to renew for a total of 12 Months( 1-Year)in any one of the following manners:(Reference Section 3.2.1.1) 3.2.3.1 One renewal covering the entire renewal allowance; 12 State of{dints IFB Contract Term and Termination V.18.4 3.2.3.2 Individual one-year renewals up to and including the entire renewal allowance;or 3.2.3.3 Any combination of full or partial year renewals up to and Including the entire renewal allowance. 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. tf 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 AVAILABIU1Y 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, 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 appropriations) 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. r3 State of Illinois iFa Contract:Term aad Termination V.16.4 • 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 51,000 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 (1) be In compliance with the contract, (ii) pay its employees prevailing wages when required by law,(Ill)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(DOI.)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 DOt.at 217-782-6206 or(httv:/Aw wstate.il.us/t oencv/idol/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. 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. 14 State of Illinois IFS Contras;Standard Business Term:and Condtlions V.184 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. 4.1.62 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. 4.1.7 DEDUCTIONS&DAMAGES::The State reserves the right to access,and apply if applicable,invoice deductions and damages or take appropriate action as follows: 4.1.7.1:DEDUCTIONS: The State reserves the right to make deductions for moisture by total weight as reductions to the ton price of the rock salt. Deductions shall be made on the basis of moisture content percentage,as determined by the following ranges: MOISTURE CONTENT (PERCENT)- DEDUCTION IN PRICE(PER TRUCKLOAD) 0.00 TO 2.00 NO DEDUCTION 2.01 TO 2.50 10%DEDUCTION 231 TO 3.00 15%DEDUCTION 3.01 TO 3S0 20%.DEDUCTION 351 TO 4.00 25%DEDUCTION GREATER THAN 4.01 REJECTION OF LOAD The State reserves the right to accept delivery of rock salt which,according to analysis by The Illinois Department Of Transportation,has a Sodium Chloride (NACL)content of less than 95.0 percent,but not less than 90A percent. When such reservation is applied,final payment will be made on the following basis: 1)When Sodium Chloride(NACL)content is less than the specification requirement but is not less than 94.0 percent the price to be paid shall be the contract price less$5.00 per ton. 2)When Sodium Chloride content is less than 94.0 percent but not less than 90.0 percent,price paid shall be contract price less$10.00 per ton. • A.4.1.7.2:DAMAGES: The State reserves the right to take action against vendor delivery(In accordance with requirements stated herein)failure as follows: LIQUIDATED DAMAGES: From 12/1/19-4/1/20,If the vendor is unable to make delivery within the authorized delivery time the state 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. The State and vendor agree that at the time of contracting the amount of actual damages are uncertain.The State and vendor further agree that the amount of Liquidated Damages in this section is u State of lWnols IFB Conkraa:Standard Business Terms and Conditions • V.la.4 • reasonable and bears relation to the damages which may be sustained in the event of a breach. DEUVERY FAILURE DAMAGES: if after seven(7)days assessment of Liquidated Damage debits,a vendor has still failed to deliver as required,the State reserves 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 ail additional costs may be collected from the original vendor,in addition to the applied Liquidated Damages. Send invoices to:(As stated on individual orders.) Agency: Click here to enter text Attn: Click here to enter text. Address: Click here to enter text. city,State Zip Click here to enter text. ® See BldBuy Purchase Orders 88 For procurements conducted In BldBuy,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. Ali 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 money that each new or replaced subcontractor will receive pursuant to the Contract.30 ILCS 500/20-120. 16 State of libels IFB Contract:Standard Business Terms and Conditions v.1a,a • 4A 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 tater 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 end its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entitles. 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 TICS 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 MAJEURE: 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. 4.11 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 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 17 Stale of Muds IFB Contract.Standard Buslaeu Terms and Canditioas V,19.4 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 not 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: AU 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 and judgments,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 lass 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 Vlll, 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. • 18 State or llinols 11:8 Contract;Standard Business Terms and Con>iulcns V,18.4 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 Umit 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 shaft 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 APPUCABLE LAW: 4.16.1 PREVAIUNG 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 Itr..AoM.CODE 750. 19 state of Moab IFS Contract•.Standard Business Terms and Conditions V.1B4 416.3 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 Claims. 705 ILLS 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 (www.11oo.00v/leoislotion/Ilcs/l cs.osp). 417 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. 418 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 za State at[Bates us Contract:Standard Business Terms and Condition v.ul.4 • • 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. 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 SUPPUES 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, induding 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. 21 State of Illinois IFB Contract:Standard Business Terms and Conditions V.1B.4 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 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 TM 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 A: 217-524-4772) for information about tax credits. • Stale of Bads IN Contract:Standard Business Terms and Conditions Via 5.1 STATE SUPPLEMENTAL PROVISIONS ►/ Agency Definitions: 5.1.1 "Chief Procurement Officer means the chief procurement officer appointed pursuant to 30 ILCS 500/10-20(a)(4). 5.1.2 "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 In Illinois which has the power to tax or any other public entity created by Illinois Statute. 5.1.3 "Qualified not-for-profit agency"means any not-for-profit agency that qualifies under Section 45-35 of the Illinois Procurement code and that either(1)acts pursuant to a board established by or controlled by a unit of local government or(2)receives grant funds from the State or from a unit of local government. ❑ 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: 5.1.4 The Chief Procurement Officer for General Services makes this contract available to all governmental units and qualified not-for-profit agencies as defined in Section 1.1 Goal. 5.1.5 Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified In this contract for the items in this contract to all governmental units and qualified not-for-profit agencies as defined in Section 1.1 Goal. 5.1.6 The supplies or services subject to this Contract shall be distributed or rendered directly to each governmental unit or qualified not-for-profit agency 5.1.7- Vendor shall bill each governmental unit or qualified not-for-profit agency separately for its actual share of the costs of the supplies or services purchased. 23 State of tlsnoh IFB Contract:State Supplemental Provisions V.18.4 5.1.8 The credit or liability of each governmental unit or qualified not-for-profit agency shall remain separate end distinct. 5.1.9 Disputes between vendors and governmental units or qualified not-for-profit agencies shall be resolved between the affected parties. 5.1.10 All terms and conditions in this Contract apply with full force and effect to all purchase orders. ►mil Other: WEIGHTS AND MEASURES REQUIREMENTS AND ADJUSTMENTS: 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 and qualified not-for- profit agencies.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 reserve 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 for a source result in the net weight of material on the vehicle exceeding the net weight of material shown an 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 for a source result in the net weight of material shown on the delivery ticket exceeding the net weight of material on the vehicle by the tolerance of 600 pounds or more,the State win document the Independent vehicle weight check(IWC1), immediately furnish a copy of the results to the Vendor,and Immediately perform a second Independent weight check(IWC2). If the second independent weight check is within the 600- pound tolerance than 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 confimu 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 far IWCi to.the checked delivered net weight as determined by the independent vehide weight checks. 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 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 Acl.0 and 8—Ca600 Where A=Adjustment factor B=Net weight shown on the delivery ticket from IWC1 14 State of IIbnais IFB CmWact:State Supplemental Pwvhivns V.1B.4 • C=Net weight an 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. ® Other: ECONOMIC ADJUSTMENT CLAUSE: ECONOMIC ADJUSTMENT PROVISION: The contractor's prices shall remain firm up to the Max.%guaranteed purchase limits unless subsequently passed law imposes an additional un-anticipated cost,In which case contractors may request the state consider reimbursement for that cost In accordance with this section. In the event a district of The Illinois Department of Transportation,Illinois Toll Highway,or a unit of government reaches their maximum guaranteed purchase limit established by this contract and elects to purchase additional rock salt over and above the maximum guaranteed • purchase levels,the contractors shall abide In accordance with the requirements of the "ECONOMIC ADJUSTMENT CLAUSE"included herein. Renewal pricing shall be the same as in the initial contract,unless vendor requests a price increase that meets ail requirements of the"ECONOMIC ADJUSTMENT CLAUSE',or decrease due pursuant to the clause. ECONOMIC ADJUSTMENT CLAUSE: Note:Economic adjustments may be requested by the vendor only between April 1 and succeeding May 1.Price increase requests shall not be allowed to exceed 1D.%for any given line item. Vendor must demonstrate and certify that increases in the actual costs for goods covered by the awarded contract issued as the result of this invitation for bid have increased by more than LSO percent during the time period in which the contract is in effect.The vendor shall, upon submission of written proof of such increase to the State and approval by CMS Bureau Of Strategic Sourcing shall be entitled to adjust their price by an amount sufficient to compensate the vendor completely and precisely for such an increase.Such increases shall become effective only after required all approvals and final execution signatures upon the 25 State of IElnots If8 Contract:State Supplemental Provisions V.18.4 • contract amendment have been received. All claims for such an adjustment must include certification from the manufacturer/supplier verifying that his cost at the time of the bid award at the time of the requested Increase.An increase will be allowed only based on the cost to the vendor.No Increase or change in • vendor's actual overhead or profit,or other factors •will be approved.The State reserves the right to ask for Invoices,published price lists,or other evidence establishing the vendor's costs to support the increase,any increases which are 2.50 percent or less will not be considered. In all cases,the vendor must file a claim for such adjustment prior to the delivery of the goods.if a vendor has prior complaints filed against them for non-delivery,their request may be denied until prior complaints are resolved,to the satisfaction of(boss).In any event,the claim for such adjustment will not apply to orders dated prior to the date(boss)received the required documentation necessary to justify the increase. In the event such costs should decrease by more than 5.%during the time period such . contract is in effect,the vendor shall adjust the price downward to reflect such decrease. Such decreases shall become effective immediately upon notification to the vendor by its supplier of the amount of the decrease.It is the responsibility of the vendor to notify the State of Illinois,CMS Bureau of Strategic Sourcing,of any such decrease. Governmental units and qualified not-for-profit agencies will be responsible for ensuring that the provisions of the Economic Adjustment Clause are met in approving contract price increases and decreases. ® Other: IDOT DISTRICT COUNTY.DETAIL: • "IDOT District Map"is available for downloading or-by contacting-the-Buyer as-stated-herein. NOTE:DISTRICT COUNTY BID-ORDER USTING: D-1:•> COOK,DUPAGE,KANE,LAKE,MCHENRY,WILL D-Z-A:>JO DAVIES,STEPHENSON,WINNEBAGO,BOONE,CARROLL,OGLE D-2-B:>WHITESIDE,LEE,ROCK ISLAND,HENRY DEKALB,BUREAU,LA SALLE,KENDALL D-3-B:>GRUNDY,UVINGSTON,KANKAKEE,IROQUOIS,FORD D-4-A:>MERCER,HENDERSON,WARREN,KNOX,MCDONOUGH,FULTON D-4-B:>PUTNAM,STARK,MARSHALL,PEORIA.W000FORD,TAZEWELL D•5-A:>MCLEAN,DEWITT,PIATT D-5-B:>CHAMPAIGN,VERMILLION,DOUGLAS,EDGAR D-6-A:>ADAMS,HANCOCK,SCHUYLER,MASON,LOGAN, BROWN,CASS,MENARD,PIKE,SCOTT,MORGAN D-6-B:>SANGAMON,MACOUPIN,CHRISTiAN,MONTGOMERY D-7-A)MACON,SHELBY,MOULTRIE,COLES,FAYETTE,EFFINGHAM D-7-8:>CUMBERLAND,CLARK,JASPER,CRAWFORD,CLAY, RICHLAND,LAWRENCE,WAYNE,EDWARDS,WABASH D-8:-> AU.COUNTY NAMES IN ALPHA ORDER D-9:> AU.COUNTY NAMES IN ALPHA ORDER 26 State of dilnols IfB Contract:Stale SupptementatProvisionn V•ie ® Other.ENHANCED TREATMENT ROCK SALT SURVEY: The Department Of Central Management Services is requesting information for an"Enhanced Rock Salt"product and requests your response for availability as provided for within BidBuy. Do you offer enh ced rock salt product and will you offer an up-charge for providing such.? Yes:! No: lt Vendor Contact:SEAN UERZ lierzs@compassminerals.com Phone:913-344-9330 The Enhanced Rock Salt product will feature additional pm-treatment of approved Road Salt with a product providing enhanced melting performance,with reduced corrosion&reduced storage dumping,in compliance with minimum requirements and specification herein. It should be noted that this Is for informational purposes and will be provided to participants shown within this invitation for bid.However,the enhancement is not within the scope of the resulting contract(s). As such,procurement of such enhancement shall not be processed against contracts resulting from this solicitation. Locations interested in this enhanced salt option must contact the vendor for product information and availability,and to facilitate any potential ordering arrangements. !7 State of lends fFB Contract: State Supplemental Piovhimn V.1&4 PRIME CONTRACTOR SUBMISSION BEP UTILIZATION PLAN REVIEW AGENCY NAME: CMS BEP SUBMITTING TO: WAYNE ISLEY PBC/BIDBUY NUMBER: R-35969 B-8189 SOUCITATION NUMBER: N/A SOLICITATION TITLE: JPMC ROCK SALT BULK FY 10 CY 19-20 BEP CONTRACT GOAL 1056 BEP GOAL TOTAL THIS PRIME: 7.80% PRIME CONTRACTOR NAME: COMPASS MINERALS BID SUBMISSION DATE: July 9,2019 RECEIVED DATE: July 11,2019 BEP DECISION DATE: July 16,2019 PREPARED BY: LESUE TAYLOR Q RESPONSIVE (DUE TO A GOOD FAITH EFFORT) ® RESPONSIVE (DUE TO BEP SUBCONTRACTOR UTILIZATION) El NON-RESPONSIVE (DUE TO A UNCLEAR LETTER OF INTENT) El NON-RESPONSIVE (DUE TO A LACK OF A "GOOD FAITH EFFORT°.) BEP Subcontractors)identified by the prime: BEP VENDOR NAME:5366 LOGISTICS CORP %OF BEP GOAL 1.50% $AMOUNT OF BEP GOAL BEP VENDOR ACCEPTED: YES REASONS)WHY NOT ACCEPTED: COMMENTS:THIS BEP VENDOR IS CURRENTLY CERTIFIED REP VENDOR NAME:KIM DANHAM TRUCKING LLC %OF BEP GOAL 0.30% $AMOUNT OF BEP GOAL BEP VENDOR ACCEPTED: YES REASON(S)WHY NOT ACCEPTED: COMMENTS:THIS BEP VENDOR IS CURRENTLY CERTIFIED BEP VENDOR NAME:CLK SYSTEMS INC %OF SEP GOAL 0.5056 $AMOUNT OF BEP GOAL: BEP VENDOR ACCEPTED: YES REASON(S)WHY NOT ACCEPTED: COMMENTS:THIS BEP VENDOR IS CURRENTLY CERTIFIED 1.Not certified at time of the bid/offer submission. Z BEP percentage and/or amount is not identified. 3.Unacceptable good faith effort. 4.Plan requires further detail. 5.Vendor not certified in appropriate or substantially related service/commodity code(s)for scope of work 6.Unacceptable Commercially Useful Funciton(CUF). Page 1 Page 2 • • SOUOTATION NAME: JPMC ROCK SALT BULK •. PRIME CONTRACTOR" COMPASS MINERALS BEP VENDOR NAME:TRUCK KING HAULING CONTRACTORS INC %OF BEP GOAL:3.00% • ' $AMOUNT OF BEP GOAL: BEP VENDOR ACCEPTED: • YES REASON(S)WHY NOT ACCEPTED: COMMENTS: THIS REP VENDOR IS CURRENTLY CERTIFIED BEP VENDOR NAME: FIVE STAR HAUUNG INC % BEP GOAL: 1.50% $AMOUNT OF BEP GOAL: BEP VENDOR ACCEPTED: YES • REASON(5)WHY NOT ACCEPTED: COMMENTS:THIS BEP VENDOR IS CURRENTLY CERTIFIED BEP VENDOR NAME:JACK GRAY TRANSPORTATION SERVICES INC • %OF BEP GOAL:0.50% $AMOUNT OF BEP GOAL: BEP VENDOR ACCEPTED: YES REASON(5)WHY NOT ACCEPTED: COMMENTS:THIS REP VENDOR iS CURRENTLY CERTIFIED BEP VENDOR NAME:97 GRAINS TRUCKING LLC %OF BEP GOAL:0.50% $AMOUNT OF BEP GOAL: BEP VENDOR ACCEPTED: YES REASON(S)WHY NOT ACCEPTED: • COMMENTS:THIS BEP VENDOR IS CURRENTLY CERTIFIED BEP VENDOR NAME: %OF BEP GOAL: $AMOUNT OF BEP GOAL: - BEP VENDOR ACCEPTED: (YES/NO) REASON(S)WHY NOT ACCEPTED: COMMENTS: • e GENERAL COMMENTS: z •,. 4` COMPASS MINERALS completed the Good Faith Effort process as :_w.:47t-,:„.....,Lx.::::..6:7:„....': . required. The u-plan Is responsive. 1454 • LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUGNESS Instructions:The Prime Vendor Is required to submit a separate,signed Letter of Intent(L011 from each BEP/VSB certified vendor. Lob must be submitted with the bid/offer and must be signed by both parties.The Prime Vendor shall not prohibit or otherwise s. limit the BEP/VSB certified vendar(s) from providing subcontractor quotes to other potential bidders/vendors. Each WI must include the negotiated contract percentage,a detailed scope of work to be performed by each identified BEP/VSB certified vendor and the amount of the subcontract.If known, All LOrs shall be subject to Agency approval Any changes Involving or affecting the 'identifled BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: JPf4C PCCieS4 i4`1.FY201erii.�iet /So'ItstattonNumber: 2u-yf(FCMS-13assg- Baia, Name of Prime Vendor. �Q►.r�Qr;SS Rine ret'.�^ BEPNSB Compliance Contact 1.,,Latta tit•{nJ tetS_ Address: 9C{00. 1•1Lps IL toCt -tit S} City: Cheiirill nG1 Qo..^K State: 1 Zip Code: tor, ,1 O 1' Telephone: 113-31.141 7 0_ Ric Emil: Q ►1 {Zot�t?S L a'r�t�ss _�naC • Name of Certified 0 BEP or©VS9 Vendor. 5366 LOGISTICS CORP " . Oa Address: 4501 US Route 12 BEPNSB Compliance Contact: DAN BITTON city: RICHMOND - - State: IL Zip Code. 60071 Telephone: B15-581-3203 Fax Email: dbitton@5366iegistics.com Type of agreement. AlServicei 0 Supplies 0 Both Services/Supplies Anticipated tartdate of the Certified BEP/VSB Vendor. SepT-0(.-T Z I . Proposed IS 9S of Contract to be performed by the BEPNSB Vendor, Proposed Subcontract Amount,If known S iii/A NOTE:The Prime Vendor most fndfoare the percentage a/the estMrated contract award Not ea be subcontracted to the certified BEPIMB Vendor. Detailed desorption of work to be performed or goods/equipment to be provided b4r the SEP/VSB Vendor 11ru c/W mg" .e,-I-I.C ES The Vendor and the certified vendor above hereby agree that upon the execution of a contract(or the above•named project between the Vendor and the State of Illinois,the Certified A!BEP Ef VSB Vendor will perform the scope of work for the amount/percentage as indicated above. Vendor(CompanyNNand 0/B/A); Certi • = Vend Compan • .me and D/B/A). SIgfiature // Sign we Print Name: GOn+'I-c r'-b 1 clj Print Name; Daniel A.Baton Title: S, ill ( C.o SO n c s 'ride. Owner/President Date: t!p/1-1--A S Date: 6/1R/19 state of re.nmt • ieiiir of lion:v.t4 1 LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS Instructions The Prime Vendor Is required to submit a separate,signed Letter at intent(1.01)from each BEP/VSB certified vendor. IDIs must be submitted with the bid/offer and must be signed by both parties.The Prime Vendor shall not prohibit or otherwise limit the BEP/VSB certified vendor(s) from providing subcontractor quotes to other potential bidders/vendors. Each L0I must Include the negotiated contract percentage,a detailed scope of work to be performed by each Identified BEP/VS8 certified vendor and the amount of the subcontract,it known. All Lots shall be subject to Agency approval.Any changes Involving or affecting the Identified BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: Set 14 fY20 Cf(R Pro cUSoilcitalion Number. 20-'(ftpcMS-a ssy-DFi'Ik9 Name of Prime Vendor. Cot. 55 ��r ne rel S BEPNSB Compliance Contact: Lon.LoN.wz.eem na td S Address: Cigov{ J.E5 4" 1oct - 54- City: Ov'e r o J 4-riG State: Zip Code: (04 z i p r Telephone: /13 3qq-ILI d Fax: Email: eekir.ot.t3S L e Let-eciS K+'‘P•izC Name of Certified SEP or 3EIVSB VendorCar rY1 - CL%-n�Y t 1t',n` �-L-�- Address: aytoN Viet'j ULL:\ BEPNSB Compliance Contact ,.\ettra n\tcur city: riN State: - Zip Code: ___Ip3d6" Telephone: tea-91 5 14 Fax: ae t1-,Q.r \@S.X£.Ck Type of agreement X Services 0 Supplies Cl Both Services/Supplies Anticipated start date of the Certified BEP/VSB Vendor: .00r- 1.0)cl Proposed 13 %of Contract to be performed by the BEP/VSB Vendor. Proposed Subcontract Amount,if known S it.)/A NOTE:The Prime Vendor must Indicate the percentage of the estimated contract award that wHl be subcontracted to the certified BEP/V50 Vendor. Detailed description of work to be performed or goods/equipment to be provided by the BEP/VSB Vendor. IJ-vaka^Aj Ser,,icES The Vendor and the certified vendor above hereby agree that upon the execution of a contract for the above-named project between the Vendor and the State of Illinois,the Certified O BEP D VSB Vendor will perform the scope of work for the amount/percentage as Indicated above. Vendor(Company Name and D/B/A): Certified BEP/VSB Vendor(Company Name and D/B/A): , erVYn.49R-V/14'(64*L----- Signature - Sign ture �f Prim Name: LOA n 167 as-L,f1n Print Name:`ht r e )111,1t~t','1 Title: Cr. M6r- A ./C rZ CS Title: \lb.:1191 f P.r S ,� , � Date: (e128 f i 1' Date: _atv ' i°1\ State of rpfio's Lam of Went v.14.1 • • LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS instructions:The Prime Vendor is required to submit a separate,signed letter of Intent(L01)from each BEP/VSB certified vendor. LOU must be submitted with the bid/otter and must he signed by bath parties.The Prime Vendor shall not prohibit or otherwise limit the BEP/V5B certified vendors)from providing subcontractor quotes to other potential bidders/vendors. Each LGI must Include the negotiated contract percentage,a detailed scope of work to be performed by each identified BEP/VSB certified vendor and the amount of the subcontract,If known. All Lob's shall be subject to Agency approval Any changes involving or affecting the Identified BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: ,Jcl,,c p C 51‘.1+ f'f20 Ct((T ProlectlSolldlation Number. ZU- IS-t3osSL -BSi&9 Name of Prime Vendor: n_ �� BBEOPNSB Compliance Contact (. m:et .� ato n t8 Address: gC100 t4J.&5 +' JoCt ..!'h c CitY: Ov rla n.d &tie state Zip Code: (00 Z) p Telephone: 913 tiq -j 0 . Fax: Email: i%0L,PS L e aYlocsSPtiR°41C Name of Certified BEP or O VSB Vendor. ��f SyS1Pm s Its Cal Address: ;9S182 X. Mayser Dr. BEPNSB Compliance Contact: ('�cl }Grscltknkec C4Y W44si orfi, State: - _ _Zip Code:_ 400kg Telephone: q?- i ago Few Email: C•kirschAo#er(Qc/ksys>ei►rslne.cos Type of agreement 1 Services 0 Supplies 0 Both Services/Supplies Anticipated start date of the Certified BEP/VSB Vendor. 3efsr—.o 9 • __ .. Proposed %of Contract to be performed by the BEP/VSB Vendor. Proposed Subcontract Amount,if known-$ A/A NOTE:The Prime Vendor must indicate the percentage of the estimated contract award that will be subcontracted to the certified BEP/VSB Vendor. Detailed description of wont to be performed or goods%equipment tribe provided by the BEP/VSB Verido�: rvc-ICt ev Seev t c ES • • The Vendor and the certified vendor above hereby agree that upon the execution of a contract for the above-named • project between the Vendor and the State of Illinois,the Certified 0 BEP f]VSB Vendor will'perform the scope of work for the amount/percentage as Indicated above. • Vend Company N and D/B/A}: Certified BEP/VSB Vendor(Company Name and D/B/A): •I:nature Signature V• /1 / I Print Name: td^07I-� 2-ey I01 J r Print Name: et A�rcrc_A i nleet Tide: Sr Msr 1,..e5ts ht? r Title: PfestdoJ Date: Io/2 7// 9 - Date: 6/2(V/9 State of Illinois ii • Letter of latent v.14,1 LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS Instructions:The Prime Vendor is required to submit a separate,signed Letter of Intent(lot)from each BEP/VSD certified vendor. Lois must be submitted with the bid/offer and must be signed by both parties.The Prime Vendor shell not prohibit or otherwise Emit the BEP/VSB certified vendor(s)from providing subcontractor quotes to other potential bidders/Vendors. Each WI must include the negotiated contract percentage,a detailed scope of work to be performed by each identified BEP/VSB certified vendor end the amount of the subcontract,if known. AB L01's shall be subject to Agency approval,Any changes Involving or affecting the Identifikd BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: �m(� 1Y20 cZ Z JPMC ,S, i-1• if( P S 'olicitation Number 2O-U(.CMC&S- ss 4-f3 .1t j _ Name of Prime Vendor :LG G45 A tr1e e a 1.s BEPNBB Compliance Contact La hate_Re y no id_v Address: q t/J.es 1' (Oc%i .tit. City: ette*Aa r► aeriC State: 14.J Zip Code: L4 2•i G Telephone: c)t3.314q.c/i7 D Fax eeNt'w1•a5 f e(OPTCSS1414-0,41 Name of Certified O BEP or 0 VSB Vendor Co/TRUCK KING HAULINg CQNTRACTORS INC_ Address:4800 W 48TH ST BEPNSB Compliance Contact:air CHICAGO CHICAGO State: IL Zip Code: 60632 Telephone: 773-847-6000 Fa'c 773.847.6714 Email: JSAUZAMEDA@TKHCINC.COM Type of agreement: pi Services 0 Supplies 0 Both Servlces/Supplles Anticipated start date of the Certified BEP/VSB Vendor: S/P c-flr.'C 1.01 I ► Proposed 3_0 It of Contract to be performed by the BEP/VSB Vendor. Proposed Subcontract Amount,If known$ N/A NOTE:The Rime Vendor must lrrdkals the percentage of the estimated contract award that will be subcontracted to the certified BEP/VSfi Vendor. Detailed description of work to be performed or goods/equipment to be provided by the BEP/VSB Vendor: jrvg-(c. Az) .Serv+c Cs The Vendor and the certified vendor above hereby agree that upon the execution of a contract for the above-named project between the Vendor and the State of Illinois,the Certified 0 REP 0 VSB Vendor will perform the scope of work for the amount/percentage as indicated above. Vendor ompany M d D/B/A); - CertlA SB Ve me an /B/A1: Signature I Signature Print Name: ` Vt.""e '`jf�'o Print Name: JES S SAUZAMEDA JR • . Title: .Sc_ 1"1q r L.05 u TIC S Title; PRESIDENT Date: l° 2-S!/S Date: 6/24/2010 Slate of QMdr Letter of Intentv.34.t LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS • instructions:The Prime Vendor Is required to submit a separate,signed Letter of Intent(1.01)from each BEP/VSB certified vendor. Lois must be submitted with the bid/offer and must he signed by both parties.The Prime Vendor shall not prohibit or othetwhe limit the BEPNSB certified vandals)from providing subcontractor quotes to other potential bidders/vendors. Each WI must include the negotiated contract percentage,a detailed scope of work to be performed by each Identified BEPNSB certified vendor and the amount of the subcontract,if known. All LOI's shall be subject to Agency approval Any changes Involving or affecting the identified BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: JP'-ic ?cry.. S1.. 4 cY2o cif)1 Zed/Solicitation Number. 20LINK MS-QOSSq-)3$'i&9 Name of Prime Vendor. C,A ss Rt, L, BEPNSB Compliance Contact: (.Anrtm ety no idS Address: 9 9 ov kLPs f' foci ..f'4. S f "I' & Arta A.J State: vs Zip Code (04 Zl D Telephone: c 13.3gq ff l7 Fax: 1_ Emat QIE 41%.0t )S t,e Cefr f CS$I4t '�( Co Name of Certified WillEP or O VSB Vendor. vc S- Hull fl Q In C. Address: 14210 KetriOfl BEPNSB Compliance Contact Eiracjeto, r tur.ti ici iI �� `1 " L.//11,,fn+lniWL71 State: I L, • Zip Code: 604.1a Telephone: 713-4,11.. 313(0 Fez .Licg_1 S�J� EmaG grace ives-b r hMi tiny. Type of agreement gServlces O Supplies 0 Both Services/Supplies Anticipated start date of.the CertifiedBEP/VSB Vendor: —0c_r 20 j Cl Proposed 1.S %of Contract to be performed by the BEP/VSB Vendor. Proposed Subcontract Amount,If known$ NOTE The Prime Vendor must indicate the percentage of the esthnoted contract award that svf8 be subcontracted to the certified 8EP/VSB Vendor. Detailed description of worts to be performed or goods/equipment to be provided by the BEP/VSB Vendor. J ruc.1G ny See^w c CS • The Vendor and the certified vendor above hereby agree that upon the execution of a contract for the above•named project between the Vendor and the State of Illinois,the Certified 0 BEP 0 VSB Vendor will perform the scope of work for the amount/percentage as Indicated above. Vendor(Company Name a D/B/A): Certiffe• B 1• B V• dor I.mpany Name and D/B/A): �! 41rI Signature / 51 s' tore Print Name: G°r`n, c a./r,• / r Print Name: 61 rau eta, Iv i&r41nt:2- Title: • r, ' 7 r . L5 v s•1-1 r s Title: `res lai.. Date: (.1/1: 15 Date: to I Qa\2-01g Rite of Illinois loud Intent v 241 • LETTER OF INTENT BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS Instructions:The Prime Vendor Is required to submit a separate,signed letter of Intent(WI)horn each BEP/VSB certified vendor. LOIS must be submitted with the bid/offer and must be sinned by both parties.The Prime Vendor shop not prohibit or otherwise limit the BEP/VSB certified vendors)from providing subcontractor quotes to other potential bidders/vendors. Each LOl must Include the negotiated contract percentage,a detailed scope of work to be performed by each identified BEP/VSB certified vendor • and the amount of the subcontract,N known. AU Wes shaft be subject to Agency approval Any changes Involving or effecting the Identified BEP/VSB certified vendor may not be permitted without written approval of the procuring Agency. Project Name: _INC pociLS. 14 cY20 e'r(q Frofeetl5aftotetionNumber. 7U-{(lpC�(S-I�OSS�-[3k►&9 Name of Prime Vendor � SS. I �� �BZEPPNSB Compliance Contact (LI tiA.ets..in0 t4s Address: 9 q OJ idles i- IOCI -Pk S 04 PIA kJ- Qc State: ks Zip Code: too 2.1 p Telephone: 9 13 3qk-117 V Fax: Email: 7�-HrtoL1?S L'e culocssKt 4a2an1 Name of CerNfiedJ>S BEP or O VSB Vendor. t?4 cX 6ibty 7X. FNSAaat re:rrvN JCRJrctS. tele Cot Address: / ro . Arit4 •40.6AI44 BEPNSB Compliance Contact: City: 6. 1 i State: /N Zip Code: .y/6 4/0 3 Telephone: 07/9--9,9 P-7O 2c) Fax oZ/9-.*di-4 P6e Email: 24(.". JR C K e:kA y.Gm Type of agreement: Services O Supplies ❑Both Services/Supplies Anticipated start date of the Certified BEP/VSB Vendor: Sall-- 0 er Lb J'1 Proposed f. %of Contract to be performed by the BEP/VSB Vendor. Proposed Subcontract Amount,If known$• Al/ NOTE The Prime Vendor must indicate the percentage of the estimated contract award that will be subcontracted to the certified BEP/VS8 Vendor. Detailed description of work to be performed or goods/equipment to be provided by the BEP/VSB Vendor j rvcl�h e $dr't c ES The Vendor and the certified vendor above hereby agree that upon the execution of a contract for the above-named project between the Vendor and the State of Illinois,the Certified O BEP.0 VSB Vendor will perform the scope of work for the amount/perrentage as Indicated above. Cer1 c J 130 woman Vendor Ees sip.ne tIacee and tiara: Ce4iD y /A): 49.411Zrz..,414c-'' Signature nature /1 � Print Name: J7/4vt1 a CA/LzA Print Name: Lonryh..{ Q-r.y roc Title: ��ESi)tdr jcre. Tide: S M.sr Li 5icnr.s .Cate: et. //9 Rete• (r./2 /1 y State nfMuds tetar or Intent v 1411 • • LETTER OF INTENT . BUSINESS ENTERPRISE PROGRAM OR VETERAN SMALL BUSINESS Instructions;The Prime Vendor is requ'red to submit a separate,signed Letter of Intent(1.01)from each BEP/V511 certified vendor LOts must be Submitted with the bid/offer and mutt be signed by both parties.The Prime Vendor shall not prohibit or otherwise Iim:t the BEP/VSB certified vendortsl from providing subcontractor quotes to other potential bidders/vendors each L01 must include the negotiated contract percentage,a detailed scope of work to be performed by each identified BEPNSB certified vendor and the amount of the subcontract.if known All LOPS shall be subject to Agency approval.Any changes involving or affecting the identified BEP/VSB certified vendor may not be perrrfitted without written approval of the procuring Agency Project Name: Jaen`^ Q k . 14 -F`r20 t`C--YI Pro acVSolicitatiort Number: 20-y(l Ego aC►-IS�L��S�-DS9 Name of Prime Vendor. Co SS t-'t I^2 zt 1 S BEPNSB Compliance Contact Li3",‹ 18 5 Address: H goo Liles pry O1;rl i,,t d �e-r tc State: v_i, Zip Code. ( �-7 C - Telephone: C}13 yK .c t7 Fax Email: Q11.0 S L e[fin-TDCSSrt{arnx� Name of Certified E l BEP or C]VSBVendor: GI to lYt l ri ' („..• . l: .. :t C.C./r• Address: /004 O € 3S0si.. BEPNSB Compliance Contact: ` • City: IL? et b state. t (r ^Zip Code Jr Telephone: . • - Fax • , Ernefl: _ Type of agreement: ,7 Services 0 Supplies 0 Both Services/Supplies Anticipated start date of the Certified BEP/VSB Vendor: ' ,3v�fi'— 0 ciT 1-0 9 Proposed r J %of Contract to be performed by the BEP/VSB Vendor Proposed Subcontract Amount,if known$ NOTE:The Prime Vendor must indicate the percentage of the estimated controct award that will be subcontracted to the certified BEP/V58 Vendor. Detailed description of work to be performed cr goods/equipment to be provided by the BEP/V58 Vendor. rvc(C. .�c.1 Se.-.. c ES 1 _ The Vendor ano the certified vendor above hereby agree that upon the execution of a contract for the above-named project between the Vendor and the State of Illinois,the Certified 0 BEP 0 VSB Vendor will perform the scope of work for the amount/percentage as Indicated above. tzi&P 11.9 VendeefEempany-NerrreandeiS/A): C a„.0/B/A}; . • - • � Signature ;• ,', • - 'Signature � j Print Name. . . r . Print Name. tt Arlt.( ([-�r'p/cif Title. - ' r Title: Se /'114)( (i)5 3 4CS Date - - i ' Date. ep/L Sure of al na t / liner of Intent v 24 1 Notice of Award Form Agency and Awarded Vendor information MC ROCK SALT BULK FY20 CY19.20,BEP 'Description: nt purchasing master contract(s)to enable The Department of Transportation,The Illinois Toll Highway,and all other Governmental Units and qualified not-for-profit agencies Identified via survey and listed within the BldBuy Items Tab to purchase built rock salt to be used for roadway Ice control during the period of the contract. 'Bid Number. 20 416CM5-B05S4-B-8189 'Agency: Central Management Services,Bureau of Strategic Sourcing C'ergill,Inc.Salt,Road Safety (S 13,100,000/Term x 2-S26,200,000 Total) 24950 Country Club Blvd Suite 450 North Olmsted,OH 44070 'Vendor Selected for Award: Compass Minerals America Inc (579,557,200'2/rerm x 2 Q S159,114,400 Total) 9900 W 109th street,Suite 100 Overland Park,KS 66210 •t ine hem OescrEpttorc Rock Salt shipped to specific locations used for winter roadway Ice control during the period of the contract Unes 667-673 wW not be awarded. •Award Amount:S 105,314,400 'Length of initial Terr c 12 Months No.of Renewals 12 Months Farm Leases and Concessions Value to the Stare: Estimated Financial Return to the State for the Life of the Contract lfncfudu Renewals) Value to the Vendor Estimated Gross Revenue to the Vendor for the Lie of the Contract lfncludes Renewals) Business Enterprise Program/Veterans Business Program %of BEP Per Utilization Plan: 10 %of VP Per Utilization Flan:0 Other: Unsuccessful Bidder(s) 'Number of Responding Bidders 3 Number of Unsuccessful Bldderis) I Number of Awarded Bidder(s): 2 BidderW/Offeror(s)Not Selected: Bid Amount The Detroit Salt Company 12841 Sanders Street Detroit,MI 48217 V.19,1 Page 1 of2 Notice of Award Form Agency Contact Contact Name: Wayne Usley Telephone Number. 217-782.8091 Email Address WaynciblewitillIncricgov Fax Number. Street Address. 1000 E.Converse Street City: Springfield • State IBinols Zip Code 62702 SPO Written Determination for Contract Award Decision General-Applies to Emergendes,Split Awards,Award to Other than Lowest Responsible and Responsive Bidder.The Rationale o described by the purchasing agency in the recommendation to award seems reasonable,and serves as the basis for the contract decision. invitation for Bid-The contract was procured through the Invitation for Bid Process,and the contract has been awarded to the ®lowest priced responsive and responsible bidder. ri Request for Proposal-Based on factors set forth In the Request for Proposal the contract has been awarded to the offeror whose proposal Is most advantageous to the-State. Change Order-The contract is a change order where the circumstances that necessitate the change in performance were not ❑reasonably foreseeable at the time the contract was signed,or the change Is germane to the original contract and reasonable In size and scope,or the change Is in the best interest of the State.The change order Is based on the purchasing agency's justification. ri Renewal-The contract Is a rertewat In accordance with the terms of the existing contract.The award decision Is based on Justification presented by the purchasing agency's Justification. Comments: Other. Explanation of other terms: SPO S nature: John H Demien ognaysi rdbyJahn MDanko Dale4,2019 19 Cam 2a1sta9ar 14n-12-0sao Sep V.19.1 Page 2of2