HomeMy WebLinkAbout6.10 Motion to accept State of Illinois joint bid results for road salt in an amount not to exceed $408,510.Subject
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Item Cover Page
Motion to accept State of Illinois joint bid results for road salt
in an amount not to exceed $408,510.
November 7, 2023 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Y
$408,510
Motor Fuel Tax Fund and General Fund
CONSENT AGENDA
Action Item
The proposed contract provides for procurement of bulk road salt material for street de-icing
operations during the 2023/2024 winter season. The public works department utilizes road
salt to de-ice Village streets during the snow season. Typically, 4,500 tons of salt are applied
each winter.
The department routinely purchases road salt through the State of Illinois Joint Purchasing
Program. It has been our experience that vendors supplying salt for this program have
consistently maintained adequate stockpiles and offered acceptable delivery terms at
competitive prices.
Over the last five (5) winter seasons, the Village has received favorable pricing through the
State of Illinois Joint Purchasing Program with an average price of $58.93 per ton. The highest
price was $76.80 per ton during the winter of 2022/2023. The lowest price was $47.31 per ton
during the winter season of 2020/2021.
The State of Illinois opened bids for road salt on July 6, 2023. The successful bidder was
Morton Salt, Inc. of Chicago, Illinois with a bid of $75.66 per ton.
Discussion
The State of Illinois Joint Purchasing Program contract requires the Village to purchase a
minimum of 80% of the bid quantity (3,600 tons). The contract also allows the Village to
purchase a maximum of 120% of the contract quantity (5,400 tons).
The bid amount of $75.65 per ton represents a 1.50% decrease compared to last winter's
price of $76.80 per ton.
Currently, the Village has approximately 5,500 tons of salt in storage (the dome is 100
percent full), which, in conjunction with the procurements available through the State of
Illinois Joint Purchasing Program, would give the Village access to 10,900 tons of salt for the
2023/2024 snow season. The most salt used by the Village in one winter season is 6,000 tons,
which occurred during the winter of 2013/2014. Salt will be procured and delivered throughout
the winter as dome storage is depleted.
The proposed contract is for a one (1) year term with an option to extend for one (1)
additional year. It offers a one (1) year renewal if requested by the Village and agreed upon
by the vendor. Staff will review the current price of $75.65 in 2024 and request renewal
should the market indicators suggest prices will remain the same or increase.
Morton Salt has provided bulk road salt to the Village through the State of Illinois Joint
Purchasing Program in the past. Morton's performance, as well as the quality of road salt, has
been acceptable in all cases.
Alternatives
1. Accept State of Illinois joint bid results for bulk road salt.
2. Action at the discretion of the Village Board.
Staff Recommendation
Accept the State of Illinois Joint Purchasing Contract unit price of $75.65 per ton for bulk road
salt and authorize staff to enter into a contract with Morton Salt, Inc. of Chicago, Illinois.
Attachments
1. Executed contract -Redacted P-56957 Morton 10 25 23
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 BiclBuy Purchase Order? (The Agency answers this question prior to contract filing.)
❑ Yes
❑X No
Contract uses Illinois Procurement Gateway Certifications and Disclosures?
❑ Yes (IPG Certifications and Disclosures including IPG Active Registered Vendor
Disclosure)
❑X No
1. DESCRIPTION OF SUPPLIES AND SERVICES
2. PRICING
3. TERM AND TERMINATION
4. STANDARD BUSINESS TERMS AND CONDITIONS
S. STATE SUPPLEMENTAL PROVISIONS
6. STANDARD 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 Rocic 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
State of Illinois IFB
Contract: Title Page
V.23.3
JPMC Rock Salt Bulk, FY24
23 416CMS-BOSS4-P-56957
VENDOR
.................... ...........................................................
.... ....................................................................
VenclorName: Morton Saft, Inc,
............... . .... . ........ .
Address (City/State/Zip): Chicago/IL/60606
. ... ......... .............
Signature:
Phone-, 855-665-4540
--------------------------
Printed Name: Anthony T. Patton
Pax: 312- 896-9208
Title: Director, US Govt Bulk Deicing Sales
.. .t..e..,,.....0..7../...0.3....................................................................................................................................
..........
..................................................... . . ......
Email: bids@mortonsaIt.com
.............................................................................................................................. .
Fate: /2023
- --------------------------------------------
STATE OF ILLINOIS
---------------------------------- ------------------
ProCUring Agency: Central Management Services
Phone: 866-455-2897
Street Address: 300 West Jefferson, 3' Floor
Fax:
I
City, State ZIP: Springfield, IL 62702
1
Official Signature:
Date:
Printed Name: Raven DeVaughn by David Thomas
Official's Title! Acting Director by Agency Purchasing Officer
Legal Signature:
Date:
Legal Printed Name:
Le al's Title:
Fiscal Signature:
Date:
Fiscal` s Printed Narne:
Fisca I's Title:
State of Illinois IF8
Comact: Signature Page
V.233
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
• Bid Buy / Bulletin Reference #: 23-416CMS-BOSS4-B-36907
• Bid Buy/ Bulletin Publication Date: 05/26/23
Award Code: A
• Subcontractor Utilization? ❑X Yes ❑No
• Funding Source:
• Obligation #:
• Small Business Set -Aside? ❑ Yes ❑X No
• Minority Owned Business? ❑ Yes QNo
• Women Owned Business? ❑ Yes ❑X No
Subcontractor Disclosure? 0 Yes []No
• Persons with Disabilities Owned Business? ❑ Yes QNo
• Veteran Owned Small Business? ❑ Yes QNo
• Other Preferences?
Percentage:
Percentage:
Percentage:
Percentage:
Percentage:
3
State of Illinois IFB
Contract: State Use Only
V.23.3
1. DESCRIPTION OF SUPPLIES AND SERVICES
1.1. GOAL Itisthe intent ofthe State ofIllinois toestablish aJoint 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 inthis 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 K4143,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 DO% or 100% purchase
commitment and will be allowed amaximum of12D96purchase commitment aa
defined below. All minimum purchase commitments will be defined in the line
item description within BidBuy.
a. 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 isonly obligated 10order DOton. That isDO96ofthe estimated
quantity. The participant shall have nofurther liability tothe Vendor for
further remaining quantities.
b. Some participants identified from the
annual survey have chosen a minimum purchase commitment of100%.
That means that if the participant estimates a quantity of 100 ton, the
participant isobligated toorder 1OOton. That is100%ofthe estimated
4
State o,Illinois /po
Contract: Description of Supplies and Services
xza.s
c The Vendor shall agree to provide up to
12O%mfthe bid quantity estimated tonnage atthe same contract price.
That means that all participants who estimate a quantity of1OOton can
order upio12Oton atthe same contract price.
d. Insome instance�aparhdpan1
may require quantities that would exceed the maximum commitment of
the Vendor; in such instances, any delivery shall be made upon the
mutual agreement Vfall parties.
e. The Illinois Department of
Transportation A0OT\ has provided estimated quantities for individual
locations. Quantities purchased from each Vendor shall be computed on
aDistrict bvDistrict basis (not by|ocadpn). For example, JaVendor has
2 locations in a District with estimated quantities mf1OOand 200 tons
with minimum 80%commitment. Then the 8O%commitment will be
met once the 3OO(O.0)=240tons has been purchased between the two
locations. This may include all 24Otons purchased from one location.
1.2.4. Weights and Measures Requirements and Adjustments:
a. All measurements for weight shall befrom scales
meeting the requirements ofThe Weights and Measures Act ofthe State
of Illinois (225 |LCS47O). 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 ofmaterial, 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
bedirected toescale near the delivery point.
Should the vehicle weight check result inthe net weight ofmaterial on
the vehicle to exceed the net weight of material shown on the delivery
ticket bv6OOpounds ormore, the State will document the independent
vehicle weight check and immediately furnish acopy ofthe results tothe
Vendor. Noadjustment inpay quantity will bemade.
Should the vehicle weight check result in the net weight ofmaterial
shown on the delivery ticket to exceed the net weight of material on the
vehicle bythe tolerance nf6QOpounds ormore, the State will document
s
State mIllinois /pe
Contract: Description mSupplies and Services
v.zu.s
the independent vehicle weight check (IVV[1),immediately furnish acopy
of the results to the Vendor, and immediately perform a second
independent weight check (|VVC2). If the second independent weight
check iswithin the 6OO-poundtolerance, then athird independent weight
check (IVVC3}will beperformed. |fthe 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 nfthe material shown
on the delivery ticket exceeds the net weight of material on the vehicle
by6OOpounds ormore, the State will adjust the net weight shown onthe
delivery ticket for |VVC1 to the checked delivered net weight as
determined bvthe independent vehicle weight checks.
b. The State will also adjust the method of
measurement for |VV[2, |VVO (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 bythe following formula:
Where: A=Adjustment factor
8=Net weight shown onthe delivery ticket from |VVC1
[= Net weight Vnthe vehicle determined from
independent weight check from |VVC1
The adjustment factor will beapplied asfollows:
Adjusted Net Weight = A x Delivery Ticket Net Weight
The adjustment factor will be imposed until the cause ofthe deficient
weight isidentified and corrected bythe Vendor tothe 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 becollected from the original Vendor, inaddition
tothe applied weight adjustments.
At the Vendor's option, the vehicle may be weighed on a second
independent Department of Agriculture certified scale to verify
a
State mrIllinois /pa
Contract: Description ofSupplies and Services
um.a
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. The State reserves the right toassess, 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 imPrice (Per Truckload)
0.00TO2.00
NO DEDUCTION
2.01TO2.50
lO96DEDUCTION
2.51 TO 3.00
1596DEDUCTION
3.01TO3.50
20% DEDUCTION
3.51TO4.00
25Y6DEDUCTION
GREATER THAN 4.0l
REJECTION QFLOAD
The State reserves the right b3accept
delivery of rock salt which, according to the analysis by The Illinois
Department ofTransportation, has Sodium Chloride (NACL) content
ofless than 95.0 percent, but not less than 90.0 percent. When such
reservation is applied, final payment will be made on the following
1\ When NACLoontent 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 9ODand 93.9 percent, the
price paid shall be contract price less $10.00 per ton.
B) When the NACLcontent isless than 9D/Dpercent, the load will
be rejected.
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.
r
State mIllinois /pa
Contract: Description of Supplies and Services
uzss
b. Order Quantities: Orders shall bescheduled inamounts that makeup full
(22-25 ton) truckloads, orders for less than truckload will not be
accepted.
c. Initial Orders: The Illinois Department of Transportation requires Vendors
toship initial fill -up orders prior toOctober 31stnfthe current year. if
this date has passed prior to execution, we ask that the Vendor(s) start
shipping assoon ascontract has been executed. Please see the attached
file within BidBuy titled "Initial Orders". Vendor(s) shall nViUv each
destination entity when initial shipments are to begin.
d. Seasonal Orders: Non -State agencies reserve the right topurchase uptn
6O%ofthe estimated order requirements prior toNovember 3OihVfthe
current year. Vendor shall notify each delivery point ofwhen shipment
is to begin.
e. Order Time line: For anorder placed prior 1o9:0X}a.m.onagiven day, that
day would be considered as the first calendar day of the seven (7) day
delivery period. For mnorder placed after 9:OOa.m.Vna given day, the
day following would beconsidered asthe first calendar day ofthe seven
(7) day delivery period, oras amended byorder guidelines in Section
t Order Guidelines: An agency may order up to 200 of their 100%
contracted tonnage |nany given week and Vendor shall deliver within 7
working days after receipt oforder. Quantities ordered above the 20
percent threshold shall have an extended delivery time of one -working -
day for each one percentage -point above the 2096 guideline. For
example, if an agency orders 2596 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 G tons shall be delivered within 12
working days after receipt ofthe 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 inexcess ofthe 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 beplaced by the end of
July for the previous season's estimated usage. If the location does not
u
State mIllinois /m
Contract: Description mSupplies and Services
uos.a
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.
State of Illinois IFI3
Contract: Description of Supplies and Services
V.23.3
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State of Illinois IFB
Contract: Description of Supplies and Services
V.2.33
For procurements conducted in BidBuy, the State may include in this contract the BidBuy
Purchase Order as it contains the agreed Supplies ond/nrServices.For procurements
conducted in8idBuy,the State may include inthis contract the BidBuyPurchase Order as
itcontains the agreed Supplies and/or Services.
1.3. MILESTONES AND DELIVERABLES:
1.3.1. Vendor shall provide stockpile and order
status reports upon request and as requested by the CK8S Bureau of Strategic
Sourcing for use in its contract administration effort. Failure to comply in a timely
manner may keconsidered abreach ofcontract.
1.3.2. Vendor invoices shall show the date orders were placed with
the Vendor and the dates and amounts ofsalt delivered.
1.3.3. The Vendor warrants that all products furnished hereunder will be free from liens
and encumbrances; detects 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/i 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-forProfitAgencies. This report shall 6e
in o tab -delimited text file or an Excel spreadsheet that references the 8icl8uy
Purchase Order (PO) number, time period being reported, and must include the
PO Line Number, Description, Quantity, Ordering Entity
The report will be sent to the following email address: CMS,,l30SSS urc nN09 'Wky,
Asamp|e of the report's format isasfollows:
Line It m # Description Quantity Ordering Entity
1/i1. Vendor Meetbgy
zz
State mIllinois /1`13
Contract: oaonuon of Supplies and Services
v.as.3
1.4.2.
a. The Vendor shall participate in a pre -season meeting with |DOTCentra|
Bureau ofOperations. This meeting will bescheduled after the execution
of the contract(s).
b. The Vendor shall participate inweekly calls with |DOTCentral Bureau of
Operations throughout the winter season.
c. The Vendor shall participate inapost-season meeting with |DOTCentral
Bureau ofOperations that will bescheduled between April tpJune.
a. Delivery Performance: Freezing Pfwaterways and the impact Vndelivery
must bereasonably anticipated bythe Vendor and isnot a cause tmclaim
Force Majeure.
b, STOCKPILE AVAILABILITY: Successful Vendors shall have stockpiles of
Rock Salt inIllinois ornear its boundaries inquantities that are sufficient
to satisfy the State of Illinois contractual requirements and stockpile
staging requirements shall be as follows:
1. l00% at upper MISSISSIPPI RK/ER STOCKPILE locations,
DISTRICT -1, DISTRICT -2, DISTRICT -3, and DISTRICT -4 by
December 1st.
2. 5O%atall other Downstate Stockpile locations bwDecember
1st and 1000byJanuary lst.
Such stockpiles must benear enough todelivery points toalow for timely
delivery as required by the State of Illinois contractual requirements.
Vendors may also berequired tVfurnish alist ofrock 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 a1the Vendor's stockpile points ora1the salt
storage facility destination, whichever is most convenient to the State.
d. VENDOR NOTIFICATION — Illinois Waterway Consolidated Lock Closures:
Various lock closures will beoccurring onthe Illinois waterway over the
next few years. Vendors should prepare accordingly and thereby such is
nota cause toclaim Force Majeure. Information on the lock closures
including scheduling can befound at:
o
State nfIllinois /pa
Contract: Description o,Supplies and Services
1.4.3. Safety Data Sheets: The Vendor brequired 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 2S5/1 ET SEQ,
or subsequent amendment.
1.4.4. Vendor must be registered in BidBuy before entering into the resulting Contract
with the State mfIllinois.
1.51 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 Ist of any year, order delivery performance
shall be subject to application of Liquidated Damages aastated in Section 1.5.10
below.
1.5.2. 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. All delivery locations are listed within each line item in
Bid8uy. Specific delivery notes for other governmental units will begiven atthe
time oforder.
154. The Vendor shall berequired tVpay the full amount mftolls, if
any, incurred during the duration of the contract. Said tolls will not be refunded
by the ordering agency.
I.5.5. Each delivery ticket shall be a direct entry (no manual entries)
certified scale ticket indicating gross, tam, 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 nnall tickets are correct.
13
State mIllinois /FB
Contract: Description mSupplies and Services
v.23.a
1.5.6 All truck bmda 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 tothe date ofdelivery isnot allowed and
may berejected atthe delivery site. In the event any agency discovers preloaded
rock salt already dumped at its location, the salt may be reloaded onto the
cartage hau|o/struck bythe agency and returned for credit and the Vendor shall
immediately ship a conforming load of replacement Rock Salt, mratagencies'
option Loissue arefund consistent with the dollar amount ofthe original order.
1.5.7. 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. Governmental units reserve the right to require that
trucks may occasionally bedirected toa scale inthe vicinity ofthe 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. All truck loads shall be free ofany 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 hau|mr`struck bythe agency and returned for credit and the Vendor shall
immediately ship a conforming load of replacement Rock Salt, or at agencies'
option Loissue arefund consistent with the dollar amount oforiginal order.
1.5.10. Damages: Governmental units reserve the rightto bake action against Vendor
delivery failure as follows:
Li giclated Damages: From December 1 through May I 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 asa 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 atthe time ofcontracting, the amount
of actual damages is uncertain. Governmental units and Vendor further agree
that the amount ofLiquidated Damages in this Section is reasonable and bears
relation tothe damages which may besustained inthe event ofabreach.
m
State mIllinois /FB
Contract: Description o«Supplies and Services
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 ❑ 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:
is
State of Illinois IFB
Contract: Description of Supplies and Services
V.23.3
Description ofWork:
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
16
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 • outside the United States.
6 Location where services will be performed: Please see attached list.
111111111,0131 EMMEMM
-XIM9 MO -3 TIM114MMO
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
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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 inthis contract the 8iclBuyPurchase Order asit contains the agreed
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
3.2 RENEWAL: N/A
3.3 TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part,
immediately upon notice tothe 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 itisunable orunwilling toperform the contract.
IfVendor fails to pedbmn to the State's satisfaction any material requirement of this
contract, is in violation of 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 tothe 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 bmseek any available legal orequitable 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 oftermination.
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 mIllinois /po
Contract: Term and Termination
in whole or in part, without penalty or further payment being required, if (1) the Illinois
General Assembly nrthe federal funding source fails tomake anappropriation sufficient
to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-
50), (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 orasdirected by
the Office mfthe Governor, that areduction isnecessary oradvisable based upon actual
orprojected budgetary considerations. Contractor will benotified inwriting pfthe failure
nfappropriation orofareduction Vrdecrease.
20
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Contract: Term and Termination
v.2ua
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
|LC5 540; 74 |||. Adm. Code 900. This shall be Vendor's sole remedy for late
payments bythe State. Payment terms contained inVendor's invoices shall have
no force or effect.
4.1.2 Minority Contractor Initiative: Any Vendor awarded acontract nf$1000ormore
under Section 2O-1O,2O-15,20-2Gor20-3Uofthe Illinois Procurement Code (3O
|LCS 500) is required to pay fen of $15. The Comptroller shall deduct the fee
from the first check issued tmthe Vendor under the contract and deposit the fee
inthe Comptroller's Administrative Fund. 15|LCS405/23.9.
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 ifthe effective date ofthe contract isprior toexecution.
4.1.4 Prevailing Wage: Asa condition of receiving payment Vendor must k\ be in
compliance with the contract (ii) pay its employees prevailing wages when
required by law, (iii) pay its suppliers and subcontractors according tothe 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 ofLabor (0OL) and are
available on 0OL'sofficial website, which shall be deemed proper notification of
any rate changes under this subsection, Vendor isresponsible for contacting DOL
at 217-782-6206 or ) to ensure understanding of
prevailing wage requirements.
4.1.5 Federal Funding: This contract may be partially ortotally 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 b)be
used will beprovided tothe awarded Vendor inthe notice ofintent toaward.
4.1.6 Invoicing: By submitting an invoice, Vendor certifies that the supplies orservices
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 ufClaims. 30 |LCS
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 bvproof that the
State is subject to the tax. If necessary, Vendor may request the
21
State mIllinois /pm
Contract: Standard Business Terms and Conditions
applicable Agency's Illinois tax exemption number and Federal tax
exemption information.
416.2 Vendor shall invoice atthis completion ofthe contract unless invoicing b
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
City, State Zip Requesting Agency/ Entity
For procurements conducted in 0idBuy, the Agency may include in this contract the
BiclBuy Purchase Order as it contains the Bill To address.
4.2 ASSIGNMENT: This contract may not be assigned or transferred in vvhoha or in part by
Vendor without the prior written consent pfthe State.
4.3 SUBCONTRACTING: For purposes ufthis section, subcontractors are those with contracts
with anannual value exceeding $1OO,ODOand who are specifically hired toperform 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 on 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 ofany 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
ineach subcontract the Standard Illinois Certification form available from the State. If at
any time during the term ofthe Contract, Vendor adds orchanges any subcontractors,
then Vendor must promptly notify, by written amendment tothe Contract, the State
Purchasing Officer orthe Chief Procurement Officer ofthe names and addresses, the
expected amount of money that each new or replaced subcontractor will receive
pursuant 10the Contract, and the general type ofwork tobeperformed. 3O|LCS 500/20-
120.
4.4 A0DON OF RECORDS: Vendor and its subcontractors shall maintain books
and records relating to the performance of this contract and any subcontract necessary
tVsupport amounts charged 1nthe State pursuant this contract orsubcontract. Books
and records, including information stored in databases mrother 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
zz
State mIllinois /pm
Contract: Standard Business Terms and Conditions
v.za.0
for a period of three (3) years from the later of final payment under the term or
completion ofthe subcontract. |fFederal funds are used topay 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
Genera[ 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 orsubcontractors shall not impose charge for
audit or examination of the Vendor's or subcontractor's books and records. 30 |LCS
500/20-65.
4.5 TIME IS OF THE ESSENCE: Time bofthe essence with respect tVVendor'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 Party to
exercise orenforce aright doesnotvvaivethatParty'srighttoeVerciseorenforcetha1mr
other rights inthe future.
4.7 FORCE hHAJBURE: Failure by either Party to pedbnn 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 bythe other Party inthe course ofcarrying 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 isconfidential. 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 bvlaw and with the written consent ofthe 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
as
State mIllinois /po
Contract: Standard Business Terms and Conditions
v.zuz
the receiving Party's possession prior to its acquisition from the disclosing Party; received
in gond 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 |avv 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"
inconnection with the work. Vendor acknowledges the State may use the work product
for any purpose. Confidential data orinformation contained insuch work shall besubject
iothe confidentiality provisions ofthis 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: (8) any
breach or violation by Vendor of any of its certifications, representations, warranties,
covenants oragreements; /b\any actual oralleged death orinjury boanyperson,damage
to any real or personal property, or any other damage or loss claimed to result in whole
orinpart from Vendor's negligent performance; (c)any act, activity oromission nfVendor
orany ofits 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 third party. In accordance with Article V|||, 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, utall times during the term ofthis 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 mIllinois /FB
Contract: Standard Business Terms and Conditions
xzu.s
$1j000,000 per occurrence; and (c) Worker's Compensation Insurance inthe amount
required by law. Insurance shall not limit Vendor's obligation to indemnify, defend, or
settle any claims.
4`12 INDEPENDENT : Vendor shall act aaanindependent contractor and not an
agent oremployee of, orjointventurer with the State. All payments bvthe State shall be
made omthat basis.
4.13 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by
the State during the term of this u)ntna(1 to perform any work under this o)nina«1.
Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends
tosolicit State employees toperform any work under this contract.
/L14 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 penny 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 forthe performance of this contract.
4~15 BACKGROUND CHECK: Whenever the State deems hreasonably 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 tothe laws and rules ofthe State ofIllinois.
4.16.2 EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity
requirements are incorporated by reference. 44 111. Adm. Code 750.
4.I6.3 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 |L[S 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
4`17 ANTI-TRUST ASSIGNMENT: IfVendor does not pursue any claim orcause ofaction bhas
arising under Federal orState antitrust laws relating to the subject matter of this contract,
25
State mIllinois /FB
Contract: Standard Business Terms and Conditions
then upon request of the Illinois Attorney General, Vendor shall assign to the State all of
Vendor's rights, title and interest tothe claim orcause ofaction.
418 CONTRACTUAL AUTHORITY: The Agency that signs thisoontractonbehalfofthe 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 orauthorized designee or
State Purchasing Officer signs a master contract on behalf ofState agencies, only the
Agency that places an order ororders with the Vendor shall have any liability tothe
Vendor for that order ororders.
4.19 EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a
unitary business group, amdefined inthe Illinois Income Tax Act, shall submit abid for or
enter into a contract with a State agency if that business or any member of the unitary
business group isanexpatriated 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 naceip1ed 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 bedeemed
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 bein
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, asfar as possible, to give effect bmthe
Parties' intent All provisions that by their nature would he expected to survive, shall
survive termination. |nthe event ofaconflict 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 ofthe State, Vendor shall meet
to discuss performance or provide contract performance updates to help ensure proper
performance ofthis contract. The State may consider Vendor's performance under this
contract and compliance with iavv 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
statem/mnow/ro
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 0FWORK: Any work performed onState premises shall beperformed during
the hours designated by the State and performed in a mannerthat 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 ordescriptions furnished by
the State or furnished by the Vendor and agreed to by the State, including but
not limited toall specifications attached asexhibits hereto; (b)bemerchantable,
of good quality and workmanship, and free from defects for a period of twelve
months orlonger ifso specified inwriting, 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\beofgood title and be free and clear ofall liens and encumbrances
and; (e) not infringe any patent, copyright Vrother intellectual property rights of
any third party. Vendor agrees bm reimburse the State for any losses, costs,
damages or expenses, including without limitations, reasonable attorney's fees
and expenses, arising from failure nfthe supplies tomeet such warranties.
4.25.2. Vendor shall ensure that all manufacturers' warranties are transferred to the
State and shall provide tothe State copies nfsuch warranties. These warranties
shall beinaddition bnall 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 beperformed tnmeet the requirements qf
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 orState policies.
4.26 REPORTING, STATUS AND 0qC^N0[ORUNG 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 mIllinois /1`13
Contract: Standard Business Terms and Conditions
vza.a
,I I IF I! 111 1111 ;1 ;1!! 111,11111 111111
rox I t%w MIM . #
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
0 Agency Definitions
5.1. "Chief Procurement Officer" means the chief procurement officer appointed pursuant to
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.
El Required Federal Clauses, Certifications and Assurances
[| Public Works Requirements (construction and maintenance of a public work) 820 |LCS
F—|
Prevailing Wage (janitorial cleaning, vvinduxv 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 US 500/25-60,
0 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 toextend 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 orservices subject bothis Contract shall bedistributed orrendered directly
to each governmental unit.
5.& Vendor shall bill each governmental unit separately for its actual share ofthe costs mfthe
supplies or services purchased.
5.7. The credit orliability ofeach governmental unit shall remain separate and distinct.
5.& 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.
Z Other (describe)
29
State mIllinois /pa
Contract: State Supplemental Provisions
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 40313, 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
444 West Lake Street, Suite 3000 TEL 312.807.2000 MORTON SALT, INC.
Chicago, IL 60606 WEB mortonsalt.com