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HomeMy WebLinkAbout24-20 Resolution No. 24-20 RESOLUTION AUTHORIZING APPROVAL OF THE PURCHASE OF BULK ROAD SALT FROM MORTON SALT, INC. THROUGH THE STATE OF ILLINOIS JOINT PURCHASING PROGRAM FOR THE 2023/2024 WINTER SEASON WHEREAS,the City recently participated in a joint bid for the purchase of bulk road salt through the State of Illinois Central Management Joint Purchasing Program; and WHEREAS, the State's 2023/2024 contract for bulk road salt was awarded to Morton Salt, Inc. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Richard G.Kozal,City Manager,be and is hereby authorized and directed to approve the purchase of bulk road salt from Morton Salt,Inc.through the State of Illinois Central Management Services JPMC Rock Salt Bulk Contract, FY24 23-416CMS-BOSS4-P-56957 for the 2023/2024 winter season in the total amount not to exceed $385,632. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2024 Adopted: January 24, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk STATE OF ILLINOIS CONTRACT Central Management Services JPMC Rock Salt Bulk, FY24 23 416CMS-BOSS4-P-56957 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 I No Contract uses Illinois Procurement Gateway Certifications and Disclosures? Yes (IPG Certifications and Disclosures including IPG Active Registered Vendor Disclosure) J No 1. DESCRIPTION OF SUPPLIES AND SERVICES 2. PRICING 3. TERM AND TERMINATION 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STATE SUPPLEMENTAL PROVISIONS 6. STANDARD ILLINOIS CERTIFICATIONS 7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST 8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES — "IPG Active Registered Vendor Disclosure (formerly called 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 State of Illinois IFB Contract: Title Page V.23.3 STATE OF ILLINOIS CONTRACT Central Management Services JPMC Rock Salt Bulk, FY24 23-416CMS-BOSS4-P-56957 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 2 State of Illinois IFB Contract: Title Page V.23.3 STATE OF ILLINOIS CONTRACT Central Management Services JPMC Rock Salt Bulk, FY24 23 416CMS-BOSS4-P-56957 VENDOR Vendor Name: Morton Salt, Inc. Address(City/State/Zip):Chicago/IL/60606 Signature: Phone:855-665-4540 Printed Name:Anthony T. Patton Fax: 312-896-9208 Title: Director, US Gov't Bulk Deicing Sales Email:bids@mortonsalt.com Date:07/03/2023 STATE OF ILLINOIS Procuring Agency: Central Management Services Phone: 866-455-2897 Street Address: 300 West Jefferson, 3'd Floor Fax: City, State ZIP:Springfield, IL 62702 Official Signature: Date: las7a-3 Printed Name: Raven DeVaughn by David Thomas Official's Title: Acting Director by Agency Purchasing Officer Legal Signature: Date: Legal Printed Name: Legal's Title: Fiscal Signature: Date: Fiscal's Printed Name: Fiscal's Title: 2 State of Illinois IFB Contract: Signature Page V.23.3 AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS • Agency Reference#: 23-416CMS-BOSS4-R170702 • Project Title:JPMC Rock Salt Bulk, FY24 • Contract#: 23-416CMS-BOSS4-P-56957 • Procurement Method (IFB, RFP,Small Purchase,etc.): IFB • BidBuy/Bulletin Reference#: 23-416CMS-BOSS4-B-36907 • BidBuy/Bulletin Publication Date: 05/26/23 • Award Code:A • Subcontractor Utilization?Q Yes❑No Subcontractor Disclosure?Q Yes❑No • Funding Source: • Obligation#: • Small Business Set-Aside?❑Yes ENo Percentage: • Minority Owned Business?❑Yes ENo Percentage: • Women Owned Business?❑Yes ENo Percentage: • Persons with Disabilities Owned Business?❑Yes ENo Percentage: • Veteran Owned Small Business?❑Yes ENo Percentage: • Other Preferences? 3 State of Illinois IFB Contract: State Use Only V.23.3 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 to be purchased on an as-needed basis during the contract period in the identified districts. 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. The Vendor will provide rock salt based on quantity ordered within the timeframe listed herein. 1.2.2. Rock Salt Specification Requirements: a. 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. b. 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. 1.2.3 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. a. 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. b. 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. 4 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 c. Maximum 120% Commitment: The Vendor shall agree to provide up to 120% of the bid quantity estimated tonnage at the same contract price. That means that all participants who estimate a quantity of 100 ton can order up to 120 ton at the same contract price. d. Quantities Exceeding 120% Maximum: 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. e. Purchase Percentages for IDOT: 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. 1.2.4. Weights and Measures Requirements and Adjustments: a. 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 (225 ILCS 470). 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 s State of Illinois IFB Contract: Description of Supplies and Services V.23.3 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,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 IWC1 to the checked delivered net weight as determined by the independent vehicle weight checks. b. 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.Oand 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 6 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 accuracy of the scale used for the independent weight check. The freight for this additional weigh will be charged to the party that is proven to be negligent. c. 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 (NACL)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. 1.2.5. Ordering a. 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.23.3 b. 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. c Initial Orders:The Illinois Department of Transportation requires Vendors to ship initial fill-up orders prior to October 31st of the current year. If this date has passed prior to execution, we ask that the Vendor(s) start shipping as soon as contract has been executed. Please see the attached file within BidBuy titled "Initial Orders". Vendor(s) shall notify each destination entity when initial shipments are to begin. d. Seasonal Orders: Non-State agencies reserve the right to purchase up to 50%of the estimated order requirements prior to November 30th of the current year. Vendor shall notify each delivery point of when shipment is to begin. e. 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 1.2.5.6. f. Order Guidelines: 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 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. g. 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. h. 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 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 have adequate capacity to hold the rock salt,the Vendor may elect to add a storage charge per ton/day. 1.2.6. 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 5: 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.23.3 1.2.7. Map pabeea 11.111.11111111011 VM1A/1110 IKQM' MIIt •c\a sows .... • i D 4.... IM aew to wlL /.. 1 _t11Na�t I�t a�.Y Co°a of ___.-- arwat 000tO.AliO • as Kew Oera J ataerle tytaal . . .1M11 D3—.ee.e D4 e°°°'°" ....„ �«. ..MOOO. .pm.W01 �,.. WAWA L. ____ w.e �1 1rlC. Wroutir CIe/earU Italintill looaa eeenr IMAM kale* CMS eacar ataetaa tJ T M1iL ilia/W.' • • °con 61YYwa110M -— MSS Paolo OR At eaaer11. CLAW ataaletwT iM Y a,O0eO1.l 3 _� rasnc smartp7 R.K. • t.11�e. I awe011 aoao ONMMW OAT I. ra ca roles {e�.aww uaneuu Cornwall* 11 en.ae cuaeea1.atcaae M,r ! , IvrsO°cr eaMMTW *WRVO% 004" • D9WJMItf1 • /O r 111aaaai PR w°Ow Itri euuc 10 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 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.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. Stockpile and Order Status Reports: Vendor shall provide stockpile and order status reports upon request and as requested by the CMS Bureau of Strategic Sourcing for use in its contract administration effort. Failure to comply in a timely manner may be considered a breach of contract. 1.3.2. Delivery Invoices: Vendor invoices shall show the date orders were placed with the Vendor and the dates and amounts of salt delivered. 1.3.3. The Vendor warrants that all products furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this Contract including any specifications or standards. In addition, Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. 1.3.4. The Vendor shall report to the Department of Central Management Services Bureau of Strategic Sourcing (BOSS) an annual Contract Usage Report which includes all Governmental Units and Not-for-Profit Agencies. 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, Description, Quantity,Ordering Entity The report will be sent to the following email address: CMS.BOSS.Sourcing@illinois.gov. A sample of the report's format is as follows: Line Item# Description Quantity Ordering Entity 1 XXXXXXXXX XXX XXXXXXX 2 XXXXXXXXX XXX XXXXXXX 1.4. VENDOR/STAFF SPECIFICATIONS: 1.4.1. Vendor Meetings: ii State of Illinois IFB Contract: Description of Supplies and Services V.23.3 a. The Vendor shall participate in a pre-season meeting with IDOT Central Bureau of Operations. This meeting will be scheduled after the execution of the contract(s). b. The Vendor shall participate in weekly calls with IDOT Central Bureau of Operations throughout the winter season. c. 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 Performance: a. 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. b. 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: 1. 100% at upper MISSISSIPPI RIVER STOCKPILE locations, DISTRICT-1, DISTRICT-2, DISTRICT-3, and DISTRICT-4 by December 1st. 2. 50% at all other Downstate Stockpile locations by December 1st and 100%by January 1st. 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. c. 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. d. 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: 12 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 https://www.mvr.usace.army.mil/Missions/Navigation/Navigatio n-Status/ 1.4.3. Safety Data Sheets: The Vendor is required to furnish a Safety Data Sheet (SDS) for each toxic substance shipped.Submission of Safety Data Sheets is required by the Illinois Toxic Substances Disclosure to Employees Act.820 ILCS 255/1 ET SEQ, or subsequent amendment. 1.4.4. 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: Delivery will be made F.O.B. Destination with all transportation and handling paid by the Vendor to any participating Governmental Unit. Deliveries are to be made within seven (7)working days,or as extended by order guidelines in Section 1.2.5.6. 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. Delivery 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 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. Delivery 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. 13 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 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. 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. 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 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 December 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. la State of Illinois IFB Contract: Description of Supplies and Services V.23.3 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. 1.6. SUBCONTRACTING Subcontractors are allowed. 1.6.1. Will subcontractors be utilized? ® Yes ri No A subcontractor is a person or entity that enters into a contractual agreement with a total value of$100,000 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. All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor. 1.6.2. Please identify below subcontracts with an annual value of$100,000 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: 15 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 Description of Work: If additional space is necessary to provide subcontractor information, please attach an additional page. 1.6.3. If the annual value of any the subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor. 1.6.4. 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 500/25-80. 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 (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. 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 .6 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 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. • Location where services will be performed: Value of services performed at this location: 17 State of Illinois IFB Contract: Description of Supplies and Services V.23.3 2. PRICING 2.1 FORMAT OF PRICING: 2.1.1 Vendor shall submit pricing in the line items on BidBuy, based on the terms and conditions set forth in section 1 of this Contract. a) Pricing shall be submitted by entering the cost per unit of measure based on minimum order quantities on each line item in BidBuy. Prices must include all costs shipped F.O.B. Destination and may not include any additional costs due to taxes(federal or otherwise) unless accompanied by proof the State is subject to the tax. 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. 18 State of Illinois IFB Contract: Pricing V.23.3 3. TERM AND TERMINATION 3.1 TERM OF THIS CONTRACT: This contract has an initial term commencing upon the last dated signature of the Parties to September 30,2024. The State may include in this contract the BidBuy 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, 19 State of Illinois IFB Contract: Term and Termination V.23.3 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. 20 State of Illinois IFB Contract: Term and Termination V.23.3 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 (https://labor.illinois.gov) 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. 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 21 State of Illinois IF8 Contract: Standard Business Terms and Conditions V.23.3 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 with contracts with an annual value exceeding $100,000 and who are 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 Standard Illinois 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, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 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 22 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 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 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. 4.8 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 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 not apply to confidential data or information lawfully in 23 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 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 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 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. 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 24 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 $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 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(www.ilqu.gov/legislation/ilcs/ilcs.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, 25 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 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. 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. 26 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 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 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. 27 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 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#:217-524-4772) for information about tax credits. 28 State of Illinois IFB Contract: Standard Business Terms and Conditions V.23.3 5. 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. ri 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 contract available to all governmental units. 5.4. 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. 5.5. The supplies or services subject to this 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 Contract apply with full force and effect to all purchase orders. Other(describe) 29 State of Illinois IFB Contract: State Supplemental Provisions V.23.3 , MORTON SALT July 5,2023 Subcontractor Work • Subcontractor Name: Matias Trucking, Inc. Amount to Be Paid: —$1,850,000.00 Address: 8755 W 82nd PI, 2nd Floor,Justice, IL 60458 Description of Work: hauling of bulk road salt • Subcontractor Name: Z Force Transportation,Inc. Amount to Be Paid: —$1,650,000.00 Address: 700 E Joe Orr Rd,Chicago Heights, IL 60411 Description of Work: hauling of bulk rock salt • Subcontractor Name: Portland Trucking Amount to Be Paid: —$750,000.00 Address: 2061 S Harbor Dr., Milwaukee, IL 53207 Description of Work: hauling of bulk rock salt • Subcontractor Name:Wiesbrock Trucking, Inc. Amount to Be Paid: —$450,000.00 Address: 1748 E 950th Rd, Leonor, IL 61332 Description of Work: hauling of bulk rock salt • Subcontractor Name: N.E. Finch Co Amount to Be Paid: —$575,000.00 Address: 148 S Bloomingdale Rd,Suite 105, Bloomingdale, IL 60108 Description of Work: hauling of bulk rock salt • Subcontractor Name: Starline Trucking Amount to be Paid: $750,000.00 Address: 18480 W Lincoln Ave, New Berlin,WI 53146 Description of Work: hauling of bulk road salt 444 West Lake Street,Suite 3000 TEL 312.807.2000 MORTON SALT,INC. Chicago,IL 60606 WEB mortonsalt.com • Subcontractor Name: Regina Cartage LLC Amount to be Paid: —$100,000.00 Address: 1133 South State Street, Unit 403B, Chicago, IL 60605 Description of Work: hauling of bulk road salt • Subcontractor Name:All Seasons Trucking Amount to be Paid: —$165,000.00 Address: 7750 Windy Ridge, Dubuque,IA 52003 Description of Work: hauling of bulk road salt • Subcontractor Name: Beelman Logistics, LLC Address: 1 Racehorse Dr,Venice, IL 62205 Amount to be Paid: $675,000.00 Description of Work: hauling of bulk road salt WHERE SERVICES ARE TO BE PERFORMED-STOCKPILE LOCATIONS • Location where services will be performed: Calumet, IL Value of services performed at this location: —$10,000,000.00 • Location where services will be performed: Milwaukee,WI Value of services performed at this location: —$3,100,000.00 • Location where services will be performed: Ottawa, IL Value of services performed at this location: —$1,200,000.00 • Location where services will be performed: Peoria, IL Value of services performed at this location: —$2,000,000.00 • Location where services will be performed: Dubuque, IA Value of services performed at this location: —$600,000.00 • Location where services will be performed: Venice, IL Value of Service to be performed at this location: $2,500,000.00 2 444 West Lake Street,Suite 3000 TEL 312.807.2000 MORTON SALT, INC. Chicago,IL 60606 WEB mortonsalt.com