===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY AGENDA ITEM NUMBER: 6.F. ITEM TITLE: Unleaded and Diesel Fuel Delivery - Authorize Purchase from Gas Depot through DuPage County Joint Purchasing Program | COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: April 15, 2019 < STAFF REVIEW: Timothy R. Wilcox, Street Superintendent SIGNATURE Suet (2 wn APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE. ITEM SUMMARY: Annually, the City contracts for unleaded gas and diesel fuel deliveries. Costs are determined by using the wholesale low rack gasoline and fuel price on the date of delivery as published by O.P.1.S. (Oil Price Information Service), plus delivery charges, and applicable taxes. The only variable to the annual contract and bids are delivery charges. In previous years the City has participated in the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program and most recently in DuPage County's Joint Purchasing Program for fuel purchase and delivery. In January 2019 staff was informed by DuPage County the current contract holder for unleaded and diesel fuel delivery would not extend pricing for an addition year so they planned to bid for 2019 services. DuPage County agreed to add West Chicago and our estimated fuel quantities to the bid proposal document under a Group 3 bid category titled DuPage County Entities. There were a total of four bids received for the group 3 pricing. Gas Depot was the lowest bidder with a delivery markup bid of $0.009/gallon for unleaded fuel and $.0145/gallon for low sulfur diesel. For bidding purposes the quantity of 80,000 gallons of unleaded gasoline and 50,000 gallons of low sulfur diesel was used and the estimated annual delivery mark-up for that amount of fuel came to approximately $1,445.00.00. (see attached bid tab for additional information). Fuel cost will vary but the City’s annual fuel usage for 2019 is estimated to be approximately 76,000 gallons (unleaded and diesel combined) or approximately $171,000.00. In addition, the Fire Protection District and School District use the City fueling station and used approximately 23,000 gallons of fuel in 2018 (unleaded and diesel combined), approximately $64,000.00 estimated for 2019. The City is reimbursed by each District for the portion of fuel they use. It is estimated that total fuel cost for a 12 month period will be approximately $235,000.00 for the City and the two Districts combined. Including the delivery cost mark-up ($1,090.00) for the same 12 month period, the total would equal about $236,000.00. There is currently $175,300.00 budgeted in FY 2019 for the City’s fuel needs. Staff seeks authorization to use the DuPage County Joint Purchasing Program to purchase, and have delivered, unleaded gasoline and diesel fuel from Gas Depot for the period April 1, 2019 thru March 31, 2020. — ACTIONS PROPOSED: Authorize the purchase and delivery of Unleaded Gasoline and Diesel Fuel, from April 1, 2019, thru March 31, 2020, (DuPage County's contract period), from Gas Depot using pricing obtained through the DuPage County Joint Purchasing Contract for an amount not to exceed $236,000.00. COMMITTEE RECOMMENDATION: With approval from the Infrastructure Committee Chairman, this item is being presented directly to City Council for approval. ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] Gasoline and DUPAGE COUNTY FINANCE - PROC! BID # 19-011-DOT Fuel Purchase UREMENT GROUP ONE DOT and Public Works Petrole Traders Mansfield Oil Co. Al Warren Oil Co. Markup Markup Extended Markup Marku: 0.0158 6952.00 0.0318 13992.00 0.0541 8764.20 0.0188 3045.60 Type UOM QTy Gas Midgrade gallons 440,000 Diesel gallons 162,000 Grand Total $1,812.20 0.0145 = $17,037.60 + —. GROUP TWO Facilities Management Fetes Traders Mansfield Oil Co. Type Markup Extended Markup Diesel 0.0636 1908.00 Siphon $900.00 $3,600.00 Grand Total $5,508.00 uOM QTY gallons 30,000 each 4 GROUP THREE DuPage County Entities Petroleum Traders Al Warren Oil Co. | Markup Extended Markup Markup Extended 0.01 -1056.00 Markup 4000.00 0.05 0.0573 Type UOM QTy Gas Midgrade gallons 80,000 Diesel gallons 50,000 Grand Total 2895.00 0.05 2500.00 $1,839.00 NOTES Quantities are canvassing amounts only. On thi $6,500.00 e day of fuel order, the County will pay the published OPIS price with the applied markup. | Invitations Sent Total Bid Responses Received Bid Opening Attended by, jM,DT ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] DuPage County - Finance Procurement Services Division 421 North County Farm Road, Room 3-400 Wheaton, Illinois 60187-3978 DUPAGE COUNTY NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received, and time stamped by the Procurement Officer, for The County of DuPage (“County”) on or before February 25, 2019 at 1:30pm at DuPage County Finance Department, Room 3-400, 421 N. County Farm Road, Wheaton, IL 60187 for the following contract: GASOLINE & DIESEL FUEL PURCHASE #19-011-DOT. Bid document may be obtained from the Finance Department by email at David.Williams@dupageco.org or onsite during regular business hours at no cost or from the internet via www.demandstar.com. All bids must be received prior to the date and time shown above. Bids transmitted by email or facsimile (fax) will not be accepted. February 6, 2019 Legal Notice Advertisement Placed February 8, 2019 . . 40:00am CST Pre-Bid Meeting February 15, 2019 Questions Due to Buyer 1:30pm CST Email: David.Williams@dupageco.org as ea Bea SEO ears Bid Event Activity February 22, 2019 7 4:00pm CST Final Q&A Addendum Published February 25, 2019 7 1:30pm CST Submittals Due to Finance Department THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 1 of 30 ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS SUBMITTAL CHECKLIST ORIGINAL SIGNED BID & TWO COPIES with one (1) business card attached to each ALL ADDENDA NUMBERS ACKNOWLEDGED, IF APPLICABLE REFERENCES PROPOSAL PRICING CERTIFICATION/PROPOSAL SIGNATURE AFFIDAVIT PAGE, COMPLETED, WITH SEAL | (IF CORPORATION) NOTARY PUBLIC AND AUTHORIZED SIGNATURE JOINT PURCHASING SECTION, COMPLETED COMPLETED VENDOR ETHICS DISCLOSURE FORM COMPLETED IRS FORM W9 AWARDED CONTRACTOR REQUIREMENTS CERTIFICATE OF INSURANCE DUE WITHIN 15 DAYS OF NOTICE OF AWARD PREVAILING WAGE AS REQUIRED BY IL STATE LAW REQUIREMENT (IF APPLICABLE ILLINOIS SECRETARY OF DUE WITHIN 15 DAYS OF NOTICE OF AWARD STATE CORPORATE/LLC http://www.cyberdriveillinois.com/departments/business_services/howdoi.htm! CERTIFICATE OF GOOD STANDING FOR CURRENT YEAR THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 2 of 30 ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS INSTRUCTIONS TO BIDDERS ON-LINE NOTIFICATION OF SPECIFICATIONS: This document is available over the Internet at www.DemandStar.com, as well as from the contact listed in this document. Adobe Acrobat® Reader is required to view electronic documents on-line. If you do not have Adobe Acrobat® Reader, you may download it for free from Adobe at www.adobe.com/products/acrobat/readstep.htmI. Businesses without Internet access may contact the Procurement Services Division of the County at (630) 407- 6190 for these documents. Companies interested in doing business with the County are able to register and maintain their registration via the Internet at www.DemandStar.com. Registration is not required but if you choose to register you will receive automatic initial notification from DemandStar of relevant opportunities with the County of DuPage. The County is not responsible for errors and omissions occurring in the transmission or downloading of any specifications from this website. In the event of any discrepancy between information on this website and the hard copy specifications, the terms of the hard copy specification will control. ON-LINE PROVIDER DISCLAIMER: DemandStar.com has no affiliation with the County of DuPage other than as a service that facilitates communication between the County and its vendors. DemandStar.com is an independent entity and is not an agent or representative of the County. Communications to DemandStar.com do not constitute communications to the County. BID REQUIREMENTS: All bids must be submitted on the blank bid form furnished with these contract documents and shall conform to the terms and conditions set forth in this Invitation to Bid (the ITB). Please make and retain a copy of your Response (Bid) for your records. The bid must be enclosed in a sealed envelope bearing the bid number and the printed title of the bid. Bidders must sign, in ink, the bid form where indicated and have the signature notarized. Unsigned bids will not be read. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. ALTERNATE/EQUAL BIDS: The specifications cannot cover precisely, all minute details of the equipment required. Therefore, for purposes of establishing a standard of quality, the items listed in the specification may state brand names, manufacturer's models, numbers, et cetera. The County of DuPage, for cost effective measures, standardizes on specific items; those bids will contain the language "NO SUBSTITUTIONS," and any alternative will not be considered. Ageneric or alternate brand product of equal specifications may be proposed as an alternative for the item identified unless “NO SUBSTITUTIONS?’ is indicated. However, in bidding the alternate item, the bidder must also attach manufacturer's printed specifications and literature. Bidders submitting alternate items, of equal specifications, may be requested to provide samples of the item they intend to supply for testing. The Procurement Manager of DuPage County shall be the sole judge to determine whether the alternate item is actually equal to the item identified in the specifications and the Procurement Manager's decision will be final and binding. Bidders are encouraged to submit cost-saving/value-added alternate bid pricing suggestions, such as rebates, creative lease agreements, extended warranty periods, trade-in allowances, or the availability of discounts for floor model or demonstrator units at significant savings. Any alternate pricing should be noted as a separate line that may be subtracted from the bid pricing as specified, allowing for clear evaluation and value-analysis by the County. The County recognizes the expertise provided by many bidders and encourages creativity in bidding. Alternates may be considered if the bid submitted clearly indicates what will be furnished and how it will benefit the County. Alternates will be compared to the lowest responsive, responsible bid as specified. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 3 of 30 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS COMPETITION INTENDED: It is the County's intent that this Invitation to Bid (ITB) permits competition. It shall be the bidder's responsibility to advise the Buyer in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Buyer not later than seven (7) days prior to the date set for bids to close. DEVIATIONS: The County of DuPage reserves the right to approve any material the Bidder proposes to furnish which contains deviations from specification requirements but which may substantially comply. If there is any deviation in the pack, source, quality, etc., of an item bid, from that prescribed in the specifications, Bidder must rule out the appropriate line in the specifications and clearly indicate the correction, Prices will be converted by the County to accommodate accepted deviations. EXCEPTIONS: Exceptions will be considered up to the deadline listed in Project Information. Exceptions must be fully described, on the Bidder's letterhead and signed; exceptions must reference the bid number and the specification, contract term or other portion of the Invitation to Bid which is being excepted. If the Bidder wishes to propose terms and conditions or alternative paperwork it must do so as an exception. In the absence of such statement, the bid shall be considered as if submitted in strict compliance with all terms, conditions, and specifications; by its submission, the Bidder agrees that if selected, it will be bound by same. No exceptions or changes to contract terms will be accepted with the bid. EXAMINATION BY BIDDER: The Bidder shall, before submitting his bid, carefully examine the bid and specifications. If his bid is accepted, he will be responsible for all errors in his bid resulting from his failure or neglect to comply with these instructions. Unless otherwise provided in the SPECIAL CONDITIONS, when the specifications include information pertaining to preliminary investigations made by the County, such information represents only the opinion of the County of DuPage as to the location, character or quantity of the materials encountered. That information is only included for the convenience of the Contractor. The County of DuPage does not warrant the accuracy or the sufficiency of the information and assumes no responsibility therefore. ELECTRONIC TRANSMITTALS: Facsimile and/or e-mail transmitted bids will not be accepted by the County of DuPage. In addition, the County of DuPage will not transmit facsimile bid specifications to the Bidder. INTERPRETATION OF CONTRACT DOCUMENTS: If a potential Bidder is uncertain as to the meaning of any part of the specifications or this ITB, the bidder is expected to contact the Procurement Services Division up to the deadline listed on the Project Information page for Exceptions to Bids. PREPARATION OF BIDS: The Bidder shall return his bid on the attached bid forms. It must be returned with all pages intact. Please make and retain a copy of the signed bid for your records. Unless otherwise stated, all blank spaces on the bid page or pages, applicable to the subject specification, shall be correctly filled in. Either a unit price or a lump sum price, or both as the case may be, shall be stated for each and every item, either typed in or printed in ink, in figures, and if required in words. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. When a bid consists of a number of items, prices must be submitted for all items unless otherwise directed in the Special Conditions. Where unit prices are to be bid, and/or where bids are to be made on more than one item, the Bidder shall extend the unit price(s) bid in the places provided on the pricing pages for the approximate quantities, shall compute the total amount of the bid and shall indicate same on the proposal pricing page. The Bidder must bid in accordance with the unit(s) of measure called for unless deviation procedure is followed. All extensions and total sums are subject to verification by the County and the correct extensions and sums will be used in the comparison of bids. If a discrepancy exists between the unit prices and totals, the unit prices shall prevail. If a discrepancy exists between the total base bid and the true sum of the individual bid items, the true sum shall prevail. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 4 of 30 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS Where unit prices are requested, the quantities stated are approximate only but will be used to determine bid award. The quantities for all items on which bids are to be received on a unit price basis, will not be used in establishing final payment due the Contractor. Bids will be compared on the basis of number of units stated in the Bid Pricing Section. Contract payment for unit price items will be based on the actual number of units delivered. In certain cases, amounts are to be shown in both words and figures. When discrepancies occur between the "Written in Words" and the "In Figures" amounts for the total lump sum bid amount, the "Written in Words" shall govern. Bidders are warned against making any erasures or alterations of any kind, and bids that contain omissions, erasures, conditions, or alterations may be rejected. The bidder must fill in all blanks. Use "N/A" or "None" where applicable. If the Bidder is a corporation, the President shall execute the bid. In the event that the bid is executed by other than the President, a certified copy of that section of the corporate bylaws or other authorization by the corporation, which permits the person to execute the offer for the corporation, shall be submitted. If the Bidder is a partnership, all partners shall execute the bid, unless one partner has been authorized to sign for the partnership, in which case, evidence of such authority satisfactory to the Procurement Manager shall be submitted. If the Bidder is a sole proprietor, the owner shall execute the bid. A "Partnership" or "Sole Proprietor" operating under an Assumed Name shall be registered with the Illinois County in which located, as provided in the Illinois Compiled Statutes, 805/ILCS 405/1 et seq. SUBMISSION OF BIDS: The Bidder shall be responsible for delivery of bids to the Procurement Services Division before the date and hour set for the opening of bids. Late bids will not be considered and will be returned unopened. All bids must be received in sealed envelopes that have your name and address in the UPPER left corner and the attached label filled in and pasted on the LOWER left corner. Bids mailed "EXPRESS MAIL" must have bid number and due date on the outside of the EXPRESS MAIL envelope. You must allow sufficient time for processing through the County's internal mailroom system. PROPRIETARY INFORMATION: Under the Illinois Freedom of Information Act, all records in the possession of DuPage County are presumed to be open to inspection or copying, unless a specific exception applies. 5 ILCS 140/1.2 One exemption is “[t]rade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested." 5 ILCS 140/7(1)(g). The county will assume that all information provided to us in a bid or proposal is open to inspection or copying by the public unless clearly marked with the appropriate exception that applies under the Freedom of Information Act. Additionally, if providing documents that you believe fall under an exception to the Freedom of Information Act, please submit both an unredacted copy along with a redacted copy which has all portions redacted that you deem to fall under a Freedom of Information Act exception. CONTRACT AWARD INFORMATION: The successful bidder will be asked to sign a contract agreement (sample attached). If the bidder wishes to propose terms and conditions or alternative paperwork he must do so as an exception (see EXCEPTIONS above). Award notification will be sent to the vendor receiving the award via mail or fax. Award status can be viewed at www.DemandStar.com. Response summaries will be available over the Internet at www.DemandStar.com. This summary information will include bids that were delivered by the required bid opening date and time. The above bid status information can also be obtained by contacting the Bid Coordinator at (630) 407-6190. END OF INSTRUCTIONS TO BIDDERS THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 5 of 30 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS GENERAL CONDITIONS ADDENDUM AND SUPPLEMENT TO INVITATION TO BID (ITB): If it becomes necessary or advisable to revise any part of this ITB or if additional data is necessary to enable the exact interpretation of provisions of this ITB, revisions will be provided in the form of an Addendum. If revisions are made after any mandatory Pre-Bid conference, the revisions will be provided only to those Contractors who will have attended the Pre-Bid conference. Addendum information is available over the Internet at www.DemandStar.com. Adobe Acrobat® Reader may be required to view this document. We strongly suggest that you check for any addenda a minimum forty-eight hours (48) in advance of the bid deadline. APPLICABLE CODES AND ORDINANCES: Contractor hereby certifies that all materials used conform to all articles and sections of all current applicable National Building Codes and other relevant construction-related codes. Workmanship and materials shall conform to all local applicable codes and ordinances. CHANGES: The County of DuPage reserves the right to make any desired change in the specifications after the same shall have been put under contract; but the change so made, with the price to be added or deducted from the contract price, therefore, shall be agreed upon in advance between County of DuPage and the successful Contractor. Illinois law requires that changes in excess of $10,000 or extensions greater than thirty (30) days must comply with the Criminal Code. The Procurement Services Division shall issue to the successful Contractor a written change order to the original contract; such change orders shall be binding upon both parties thereto and shall in no way invalidate or make void the terms of the original contract not modified by such change. COMMENCEMENT OF WORK: The successful Contractor must not commence any billable work prior to the County's execution of the contract or until any required documents have been submitted. Work done prior to these circumstances shall be at the Contractor's risk. COMMUNICATIONS: In an effort to create a more competitive and unbiased procurement process, the County desires to establish a single point of contact throughout the procurement process. From the issue date of this solicitation, until a contract has been awarded, all requests for clarification or additional information regarding this solicitation, or contact with the County personnel concerning this solicitation or the evaluation process must be solely to the contact person listed on the cover page of this solicitation. No contact regarding this document with other County employees or officers is permitted unless expressly authorized by the Buyer issuing the solicitation. A violation of this provision is cause for the County to reject the Bidder's proposal. If it is later discovered that a violation has occurred, the County may reject any proposal or terminate any contract awarded pursuant to this solicitation. CONFIDENTIAL INFORMATION AND COUNTY PROPERTY: It is agreed that any and all specifications, drawings, or data furnished by County of DuPage shall (1) remain the County of DuPage's sole and exclusive property; (2) be considered and treated by Contractor as County of DuPage confidential information, and not be copied, reproduced or duplicated in any manner or disclosed to any person or party, except as is necessary in the performance of this contract and (3) be returned upon request. CONTRACTOR PERFORMANCE: The Instructions to Bidders, Bid Form, General Conditions, Special Conditions, contract specifications and attached exhibits, together with the approved purchase order shall be incorporated in and become terms of the Contract. All items shall be supplied in strict accordance with the specifications. The Contractor's performance under the terms of the Contract shall be to the satisfaction of the County. Failure to comply with any statutory requirements shall be deemed a performance breach. THE COUNTY OF DUPAGE GASOLINE AND FUEL PURCHASE #19-011-DOT Page 6 of 30 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS DISCIPLINE: Nothing herein shall be construed to imply that the County of DuPage is retaining control over the operative details of the Contractor's work or the subcontractor’s employee’s work. The Contractor is assuming all oversight, and the Contractor is ensuring compliance with safety guidelines. DRUG FREE WORKPLACE: The Contractor (whether an individual or company) agrees to provide a drug free workplace as provided for in 30 ILCS 580/1 et seq. ENDORSEMENTS: Contractor shall not use the name, seal or images of County of DuPage in any form of endorsement to any third- party without the County's written permission. F.O.B.: All goods are to be shipped prepaid, F.O.B. delivered and installed. The total price quoted by the Bidder must be the total cost delivered to the location(s) stated. Bidder must not qualify his bid by stating a F.O.B. location other than such stated location(s). Shipments sent C.O.D. without County of DuPage's written consent will not be accepted and will at Contractor's risk and expense, be returned to Contractor. Unauthorized shipments are subject to rejection and return at Contractor's expense. FORCE MAJEURE: The County of DuPage shall not hold Contractor liable for an extraordinary interruption of events, or damage of County property, by a natural cause that cannot be reasonably foreseen or prevented; i.e., droughts, floods, severe weather phenomena, et cetera. HOLDING OF BIDS: Bidder may withdraw the bid at any time prior to the time specified as the closing time for the receipt of bids. However, no Bidder shall withdraw or cancel the bid for a period of ninety (90) calendar days after said closing time for the receipt of bids. Unauthorized withdrawal may result in forfeiture of the bid bond, or if no bid bond is required, the withdrawing Bidder shall pay the sum of $1,000.00 as liquidated damages for the County's loss in re-bidding. INDEMNITY: The Contractor shall, at all times, to the extent permitted by law, fully indemnify, hold harmless, and defend the County and its officers, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out of the performance of this contract by the Contractor and its employees, or because of any act or omission, neglect or misconduct of the Contractor, its employees and agents or its subcontractors including, but not limited to, any claims that may be made by the employees themselves for injuries to their person or property or otherwise, and any claims that may be made by the employees themselves or by the Illinois Department of Labor for the Contractor's violation of the Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.). Such indemnity shall not be limited by reason of the enumeration of any insurance coverage or bond herein provided. Nothing contained herein shall be construed as prohibiting the County, its officers, agents, or its employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them. The Contractor shall likewise be liable for the cost, fees and expenses incurred in the County's or the Contractor's defense of any such claims, actions, or suits. The Contractor shall be responsible for any damages incurred as a result of its errors, omissions or negligent acts and for any losses or costs to repair or remedy construction as a result of its errors, omissions or negligent acts. The County does not waive its defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/1 et seq. by reason of indemnification or insurance. LAW GOVERNING: The ITB and resulting contract shall be governed by the laws of Illinois. Bidder agrees to comply with all applicable State and Federal laws. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 7 of 30 ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS LIENS, CLAIMS, AND ENCUMBRANCES: Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. LOBBYIST REGISTRATION: Bidder shall comply with the provisions of Chapter 2, Article IX, Section 2-600, Lobbyist Registration of the Code of DuPage County, Illinois. MSDS: When applicable, Contractor shall furnish Material Safety Data Sheets for their products, in compliance with the Illinois Toxic Substance Disclosure to Employee Act and the “Right-to-Know’ law, 820 ILCS 220/0.01 and 820 ILCS 225/0.1. Material Safety Data Sheets, upon award of Contract, shall be submitted to the County Procurement Services Division. MISCELLANEOUS REQUIREMENTS: The County will not be responsible for any expenses incurred by the Contractor in preparing and submitting a Bid. All Bids shall provide a straightforward, concise delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. PATENTS: Contractor undertakes and agrees to defend at Contractor's own expense, all suits, actions, or proceedings in which the County of DuPage, its Officers, agents or employees are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder. Contractor shall inform the County of DuPage whenever infringement will result from Contractor's adherence to specifications supplied by the County of DuPage or by an authorized County representative. Contractor further agrees to pay and discharge any and all judgments or decrees, which may be rendered in any such suit, action or proceedings against the County of DuPage, its Officers, agents or employees therein. PAYMENT: Original invoices must be presented for payment in accordance with instructions contained on the Purchase Order including reference to Purchase Order number and submitted to the correct address for processing. The County shall pay all invoices pursuant to 50 ILCS 505, “Local Government Prompt Payment Act”. Invoices containing charges for work subject to the Illinois Prevailing Wage Act (820 ILCS 130/) are required to be accompanied by the applicable Certified Transcript of Payroll form(s) for acceptance. Payment will not be made on invoices submitted later than six-months (180 days) after delivery of goods and any statute of limitations to the contrary is hereby waived. PROTEST: No protest shall be based on a matter or issue which could have been raised as an exception prior to bid opening. Any protest concerning the award of a contract shall be decided by the Procurement Manager. Protests shall be made in writing to the Procurement Services Division and shall be filed within three (3) business days of final approval and acceptance of the bid by the County Board. A protest is considered filed when received by the Procurement Services Division. The written protest shall include the name and address of the protestor, the ITB number, a statement of the specific reasons for the protest and supporting exhibits. The Procurement Manager will respond to the written protest within seven (7) days. The Procurement Manager's decision relative to the protest shall be final. Upon receipt of a protest the County may, but is not required to, delay its order under the awarded contract. RESERVATION OF RIGHTS: The County of DuPage reserves the right to reject any or all bids failing to meet the County's specifications or requirements and to waive technicalities. If in the County of DuPage's opinion, the lowest bid is not the most responsible bid, considering value received for monies expended, the right is reserved to make awards as determined solely by the judgment of the County of DuPage. In determining the lowest responsible bidder, the County shall take into consideration the qualities of the articles supplied, their conformity with the specifications, THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 8 of 30 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS and their suitability to the requirements of the County and the delivery terms. Intangible factors, such as the Bidder's reputation and past performance, will also be weighed. The Bidder’s failure to meet the mandatory requirements of the ITB will result in the disqualification of the bid from further consideration. The County further reserves the right to reject all bids and obtain goods or services through intergovernmental or cooperative agreements, or to issue a new and revised ITB. Submission of a bid confers no rights on the Contractor to a selection or to a subsequent contract. All decisions on compliance, evaluation, terms and conditions shall be made solely at the County's discretion and shall be made in the best interest of the County. TAX: The County of DuPage does not pay Federal Excise Tax or Illinois Sales Tax. The tax exemption number is E9997-4551-06. A copy of the exemption letter is available upon written request. TERMINATION, CANCELLATION AND DAMAGES: This contract may be terminated upon mutual agreement of both parties. The County may terminate based on the Contractor's breach or default. Unless the breach or default creates an emergency situation, as determined in the County's sole discretion, the Contractor shall be given notice and a five (5) day opportunity to cure before the termination becomes effective. If the County terminates this Contract because of the Contractor's breach or default, the County shall have the right to purchase items or services elsewhere and to charge the Contractor with any additional cost incurred, including but not limited to the cost of cover, incidental and consequential damages and the cost of re-bidding. The County may offset these additional costs against any sums otherwise due to the Contractor under this bid or any unrelated contract. If the County of DuPage fails to appropriate funds to enable continued payment of multi-year Contracts the County may cancel, without termination charges provided Contractor received at least thirty (30) days prior written notice of termination. TRANSFER OF OWNERSHIP OR ASSIGNMENT: The terms and conditions of this contract shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. Prior to any sales or assignments the County of DuPage must be notified and approve same in writing. VENUE: By submitting a response, bidder agrees that venue for all disputes arising out of the solicitation process, including but not limited to judicial review of any protest decision, will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois and that Illinois law will control. WARRANTY: Complete warranty information detailing period and coverage must be submitted. END OF GENERAL CONDITIONS THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 9 of 30 ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS SPECIAL CONDITIONS ACCURACY DISCLAIMER: The Contractor shall thoroughly acquaint himself with the sites for the proposed bid to fully understand the facilities, difficulties and restrictions attending to the execution of the bid. The Contractor will be allowed no additional compensation for his failure to be so informed. DELIVERY REQUIREMENTS: All purchases must be delivered to various locations listed on the following pages. All deliveries shall be made as scheduled with requesting department. Seller will notify Buyer if Seller is not able to fulfill the complete Purchase Order by the requested date in the stated quantities. Buyer will then determine whether the changes are acceptable or if the Purchase Order will be cancelled and issued to a different supplier. Seller will notify Buyer before making any changes or substitutions of materials and quantities specified on the Purchase Order with cost of cover to be paid by Seller. JOINT PURCHASING: OTHER TAXING BODIES: Based on County Board Resolution IR-084-76. Would your firm be willing to extend your bid to other taxing bodies in DuPage County such as school districts, townships, cities and villages, etc.? The approximate quantity usage is unknown. YES NO State any other requirements that they would have to meet beyond that of our Bid invitation and specification. NOTE: The County of DuPage would not be involved in purchasing by any other taxing body other than to receive a copy of their purchase order that would reference the County of DuPage contract number. The invoicing and payments would be entirely between the other taxing bodies and the Contractor. If the County of DuPage accepts this bid, the procedure to handle joint purchases would be developed by the County of DuPage with the Contractor and distributed to the taxing bodies by the County of DuPage. MEETINGS: PRE-AWARD: Bidder may be required to attend a pre-award meeting for clarifications, demonstrations, presentations; this meeting will be set with the Bidder prior to award of the contract. PERMITS, FEES, AND NOTICES: The Awarded Contractor shall secure and pay for all Building Permits and Governmental Fees, licenses, and inspection necessary for the proper execution and completion of the work which are legally required, file all notices, comply with all laws, rules, regulations and lawful orders bearing on the performance of the work. PROPERTY FURNISHED TO CONTRACTOR BY COUNTY OF DU PAGE: All property furnished to the Contractor by the County of DuPage or specifically paid for by the County of DuPage, for use in the performance of this contract, shall be and remain the property of the County of DuPage, shall be subject to removal upon the County of DuPage’s instruction, shall be used only in filling orders from the County of DuPage, shall be held at the Contractor’s risk, shall be kept insured by the Contractor at the Contractor's expense while in its custody or control in an amount equal to the replacement cost thereof, with loss payable to the County of DuPage, and upon recall by County of DuPage shall be packaged at Contractor's expense for shipment to County of DuPage in accordance with County of DuPage’s instructions. Copies of policies or certificates of such insurance will be furnished to County of DuPage on demand. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 10 of 30 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS It is agreed that any and all specifications, drawings, or data furnished by County of DuPage shall (1) remain the County of DuPage’s sole and exclusive property; (2) be considered and treated by Contractor as County of DuPage confidential information, and not be copied, reproduced or duplicated in any manner or disclosed to any person or party, except as is necessary in the performance of this order/contract/and (3) be returned upon request. QUANTITIES: The County of DuPage reserves the right to increase or decrease the quantities shown herein at any time during the life of the contract to correspond to the actual needs of the County of DuPage. All quantities shown are ESTIMATES ONLY of anticipated volume for the one-year period. Quantities represent total usage and not order lot quantities. Orders will be placed on an “AS-NEEDED” basis, with quantities specified at time of order placement. RENEWAL & EXTENSION: The contract may be subject to three (3) additional twelve (12) month renewal periods provided there is no change in the terms, conditions, specifications, and prices and provided that such renewals are mutually agreed to by both parties. In no event shall the term plus renewals exceed four (4) years. SITE VISITS: May be inspected at site location between the hours of 8:00 a.m. and 4:00 p.m. Call for an appointment prior to inspection. SUBCONTRACTORS: All subcontractors shall be identified on the form contained herein. The County of DuPage reserves the right to reject any or all subcontractors. VENDOR QUALIFICATIONS: Vendor will provide a general history, description and status of their Company. END OF SPECIAL CONDITIONS THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 11 of 30 ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS INSURANCE REQUIREMENTS Upon notice of acceptance of proposal, the successful bidder shall, within thirty (30) calendar days of said notice, furnish to the Purchasing Agent a certificate of Insurance and provide policy endorsements evidencing specific coverage of the types of insurance in the amounts specified below. Such coverage shall be placed with a responsible company acceptable to the County licensed to do business in the State of Illinois, and with a minimum insurance rating of A:VI| as found in the current edition of A M Best’s Key Rating Guide. All required insurance shall be maintained by the contractor in full force and effect during the life of the contract, and until such time as all work has been approved and accepted by the County. The Contractor is responsible for all insurance deductibles and Self-Insured Retentions. TYPE OF INSURANCE MINIMUM ACCEPTABLE LIMITS OF LIABILITY 1. | Workers Compensation Statutory 2. | Employers Liability fe A. Each Accident $1,000,000 || B. Each Employee-disease $1,000,000 C. Policy Aggregate-disease $1,000,000 3. | *Commercial General Liability *** A. Per Occurrence $2,000,000 B. General Aggregate 2. General Aggregate - Products/ 1. General Aggregate- Per project | $2,000,000 | Completed Operations $2,000,000 4. | Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 5. | Fire Legal Liability (any one fire) | 6. | Medical Expense (any one person) $10,000 7. | *Umbrella Excess Liability (over primary) $5,000,000 Retention for Self-Insured Hazards $5,000,000 (each occurrence) 8. | ** Business Auto Liability “"* $1,000,000 9. | **Environmental Impairment / Pollution $5,000,000 Liability At all times during the term of the contract, the Contractor and its independent contractors shall maintain, at their sole expense, insurance coverage for the Contractor, its employees, officers and independent contractors, as follows: NOTE: A) _ Itis the responsibility of Contractor to provide a copy of this PROPOSAL to their insurance carrier. B) It may also be required that the Contractor's insurer and coverage be approved by County prior to execution of the Contract. C) No work shall be started until receipt of Certificate of Insurance. The County of DuPage shall be named as additionally insured on all certificates of insurance. Insurance certificates shall also reference project name and BID NUMBER. Certificates should be faxed (and hard copy mailed) to: DuPage County Procurement Services Division David Williams, Buyer 421 North County Farm Road Wheaton, IL 60187-3978 TX: (630) 407-6182 FX: (630) 407-6201 THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 12 of 30 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS The insurance carrier of the insured is required to notify the County of DuPage of termination of any or all of these coverages, prior to the completion of any contract, at least 30 days prior to expiration. CHANGES IN INSURANCE COVERAGE: The Contractor will immediately notify the County if any insurance has been cancelled, materially changed, or renewal has been refused and the Contractor shall immediately suspend all work in progress and take the necessary steps to purchase, maintain and provide the required insurance coverage(s) and limits. If suspension of work should occur due to insurance requirements, upon verification by the County of the required insurance the County will notify Contractor when they can proceed with the work. Failure to provide and maintain the required insurance coverage(s) and limits could result in immediate cancellation of the contract and the Contractor shall accept and bear all costs that may result due to the Contractors failure to provide and maintain the required insurance. INSURANCE RATING: All of the above-specified types of insurance shall be obtained from companies that have at least an A-VII rating in Best's Guide or the equivalent. SURVIVAL OF INDEMNIFICATION: The indemnification described above shall not be limited by reason of the enumeration of any insurance coverage herein provided, and indemnification shall survive the termination of the Contract. NOTICE OF LAWSUIT: Within 5 days of service of process, the County shall notify the Contractor of any lawsuit involving the indemnification provided for above. Failure to provide such notice shall not relieve the Contractor of its obligation to provide indemnification. However, the County shall be responsible for any additional costs of defense incurred due to their failure to provide such notice within 60 days. CHOICE OF LEGAL COUNSEL: The Contractor shall provide coverage as provided in the contract, if the County, an Employee, or Elected Official is named in a lawsuit then the County retains the right to choose legal counsel subject to the approval of the County and appointment by the State’s Attorney of DuPage County. RIGHTS RETAINED: Notwithstanding the foregoing, nothing contained herein shall be deemed to constitute a waiver of any defenses or immunities otherwise available to the County. END OF INSURANCE REQUIREMENTS THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 13 of 30 ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS Specifications This bid is for no lead, reformulated gasoline with ethanol, ultra-low sulfur diesel fuel and Bio-Diesel fuel to be purchased for and delivered F.O.B. to various DuPage County locations for the period, April 1, 2019 through March 31, 2020, subject to three (3) additional twelve (12) month renewal periods. FUEL REQUIREMENTS: The diesel fuel shall comply with the ANSI/ASTM Standard Specifications D4814-92A, or the latest revision thereof. The premium, no lead, reformulated gasoline in this bid must meet the provisions of the "Federal Clean Air Act" effective January 1, 1995, and any other subsequent revisions as amended. Diesel fuel used is an Ultra Low Sulfur Diesel. (625 ILCS 5/12-705.1) Vendor must list on this bid the fuel brands and fuel additive packages currently supplied by the vendor. These may be changed at the vendor's request during the contract period to another brand or package that meets the requirements specified herein. Any fuel brand or fuel additive change must be approved by the County prior to delivery of the fuel or fuel containing the additive package. The County has the right to reject any changes in fuel brand or fuel additives. Octane ratings and grade descriptions are as follows: MINIMUM OCTANE RATING OR GRADE Regular Reformulated Gasoline w/ethanol Midgrade Reformulated Gasoline w/ethanol Premium Reformulated Gasoline 93 Ultra Low Sulfur No. 2 Diesel Fuel Minimum Cetane Rating: 45 Flash Point:130° F Ultra Low Sulfur No. 1 Diesel Fuel Minimum Cetane Rating: 45 Flash Point:130° F Winter Premium Additized Diesel Fuel Cold Filter Plug Test To -20° F to -25° F Bio-Diesel B20 20% soy bio-diesel by content blended with No, 2 Diesel Fuel or Winter Premium Additized Diesel Fuel. Bio-Diesel must meet or exceed ASTM D-6751 standard for bio-diesel fuel. Vendor or supplier responsible for blending the fuel must have at least two (2) years of year-round experience blending soy bio- diesel. Bio-diesel must be treated with an additive package giving the fuel the following characteristics; -minimum CFPP of -20° F -de-icer agent that prevents water up to .01% by volume from freezing to a temperature of -45° F -lubricity protection of 5,000+ on the Scuffing Load B.O.C.L.E. test -Minimum of 45 Cetane rating -Detergent to clean fuel injectors and provide fuel |_stability in excess of 12 months Bio-Diesel B-5 5% soy Bio-diesel by content blended With no.2 Diesel Fuel or Winter Premium Additized Diesel Fuel. Bio-Diesel must meet or exceed ASTM D- 6751 standard for bio-diesel fuel. Vendor or supplier responsible for blending the fuel must have at least two (2) years of year-round experience blending soy bio- diesel. Bio-diesel must be treated with an additive package giving the fuel the following characteristics; -minimum CFPP of -20° F -de-icer agent that prevents water up to .01% by volume from freezing to a temperature of -45° F -lubricity protection of 5,000+ on the Scuffing Load B.O.C.L.E. test -Minimum of 45 Cetane rating -Detergent to clean fuel injectors and provide fuel stability in excess of 12 months THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 14 of 30 ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS uality Control: All quality control will be the responsibility of the County. The County reserves the right to sample delivered fuel in any manner for quality control or testing purposes. All gasoline and diesel fuel that does not meet specifications will be rejected, and when so ordered by the using County department, the supplier shall at his expense, replace all inferior product delivered, and return with product meeting the specifications. Volume Measure: In all transactions of which these specifications are a part, a gallon is defined as a volume of 231 cubic inches at a standard temperature of sixty (60) degrees Fahrenheit. Additional Services: Pre-winter audits on all above and below ground tanks, to include the following at no additional charge: e Use of a tank bottom sampler device (like a Bacon Bomb) to check for presence of water and bacteria in the underground tanks using a sample from the bottom of each tank. e Treating any tank found to contain bacteria with a biocide. e Providing the County with a detailed copy of each site’s tank audit, including site address, fill condition, amount of standing water in spill basket, presence of bacteria, fill cap tightness and list of recommendations. DELIVERIES: All deliveries to the various DuPage County locations must be delivered by a trailer dispensing system. The normal accepted delivery time frame is within 24 hours after an order is placed by the using County department. However, in areas of heavy usage, delivery may be required within a 24-hour period. Tanks must be dipped before and after each delivery to verify delivery load. Authorized County personnel must be present. DOT / Public Works / Power Plant deliveries must be fuel tanker trucks and must be compatible with the Stage II vapor recovery USTS. Average load sizes are 8500 gallons for gasoline and 7200 gallons for diesel. Emergency deliveries are considered if arrangements are made in advance. Taxes: Taxes shall be outlined separately in an itemized format. See below example: Tax Fee Illinois Motor Fuel Tax (Gasoline) $.19 Illinois Motor Fuel Tax (Diesel) $.2150 Illinois Underground Storage Tank Tax $.0030 Environmental Impact $.0080 Illinois Retailer's Occupation Tax and DuPage County Tax - The County of DuPage is exempt from payment of these taxes. PAYMENT AND INVOICING: Prompt Payment Act 50 ILCS 505: The County of DuPage intends to comply with the governmental Prompt Payment Act. The awarded vendor will be paid upon submission of invoices to the department identified in the specification tables. Supplier must submit invoices in duplicate, accompanied by the supplier's original, signed delivery ticket. Invoices shall reference the Contract number assigned to that location where delivery is made. The figure submitted, should be what is subtracted from or added to the Low Chicago Rack Base Published price from OPIS on the date of delivery. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 15 of 30 ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS OPIS link here: https:/Awww.opisnet.com/product/pricing/rack/gasolinedieselbiodiesel-rack-prices/ When invoicing, a copy of the Low Chicago Rack Base OPIS published price list on day of delivery must be enclosed with each invoice, with price used highlighted. The County of DuPage does not pay the Federal Excise Tax on fuel purchases. It is a requirement of this contract that the supplier agrees not to charge this tax. It will be the responsibility of the successful supplier to file all appropriate paper work for the refund of the federal excise tax PRICING: Bid Pricing will be determined by your company's mark-up per fuel category, multiplied by the estimated annual gallon usage. MARK-UP (X) ANNUAL GALLON USAGE = EXTENDED BID PRICE END OF SPECIFICATIONS THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 16 of 30 ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] DELIVERY LOCATIONS AND ESTIMATED ANNUAL USAGE GROUP 1: WORKS Delivery Address COUNTY OF DU PAGE, ILLINOIS DUPAGE COUNTY DEPARTMENT OF TRANSPORTATION & PUBLIC Bill To Address Fuel Tank Type & Capacity DuPage County Department of Transportation Attn: Joe Bechtold 180 North County Farm Road Wheaton, IL 60187 Tel: (630) 407-6930 FX: (630) 407-6962 Delivery Hours: 6 AM = 2:30PM DuPage County Department of Transportation Attn: Kathy Black 180 North County Farm Road Wheaton, IL 60187 Tel: (630) 407-6892 FX: (630) 407-6962 Two (2) in-ground Tanks at 10,000 gallons each for Gasoline. Annual Usage: 355,000 gallons Midgrade Gasoline. One (1) in-ground Tank at 12,000 gallons Diesel. Annual Usage: 112,000 gallons Diesel (including bio-diesel approx. 55- 60% Low Sulfur Clean Diesel Fuel Grade Two (2)) DuPage County Public Works Department- Woodridge Attn: Ben Notte 7900 South Route 53 Woodridge, IL 60517 Tel: (630) 985 7400 FX: (630) 985-4802 Delivery Hours: 7 AM - 3PM DuPage County Public Works Department Attn: Accounts Payable 7900 South Route 53 Woodridge, IL. 60517 Tel: (630) 985-7400 FX:( 630) 985-4802 Two (2) in-ground Tanks: One (1) 10,000 gallon and One (1) - 6,000 gallon tank with annual usage 45,000 gallons Midgrade Gasoline One (1) in-ground Tank at 10,000 gallons Diesel with annual usage 30,000 gallons of Diesel (including bio-diesel) DuPage County Public Works Department- Knollwood Attn: Ben Notte 11 S. 175 Madison Burr Ridge, IL 60521 Tel: (630) 323-0677 FX; (630) 323-0963 Delivery Hours: 7AM—-3PM DuPage County Public Works Department Attn: Accounts Payable 7900 South Route 53 Woodridge, IL. 60517 Tel: (630) 985-7400 FX: (630) 985-4802 One (1) in-ground Tank at 10,000 gallons with annual usage 40,000 gallons of Midgrade Gasoline One (1) in-ground Tank at 10,000 gallons Diesel with annual usage of 20,000 gallons Diesel THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 17 of 30 ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS GROUP 1 BID PRICING: Price added to the OPIS LOW Chicago Rack Base Published price list on Date of Delivery: ESTIMATED GASOLINE-ALL GRADES USAGE 440,000 GALLONS MARKUP ADDED TO OPIS LOW RACK GALLON PRICE EXTENDED COST ADJUSTMENT (gallons X markup rate) ESTIMATED LOW SULFER FUEL CLEAN DIESEL GRADE 2 USAGE 162,000 GALLONS MARKUP ADDED TO OPIS LOW RACK GALLON PRICE EXTENDED COST ADJUSTMENT (gallons X markup rate) *IF a Discount to OPIS Price, please note THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 18 of 30 ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS GROUP 2 —- DUPAGE COUNTY FACILITIES MANAGEMENT / POWER PLANT — Delivery Address Bill to Address Fuel Tank Type & Capacity DuPage County Facilities Management/Power Plant Attn: Tim Byrnes 410 N. County Farm Road Wheaton, IL 60187 Tel: 630-918-4933 Delivery Hours: 7AM — 3:30 PM DuPage County Facilities Management/Power Plant Attn: Katie Arlowe 421 N. County Farm Road Wheaton, IL 60187 Tel: 630-407-5695 One (1) above ground Tank at 28,000 gallons using Ultra Low Sulfur Diesel No. Two (2). Annual Usage: 58,000 gallons Minimum Cetane Rating: 45 15 PPM Sulfur Maximum. (NO BIO DIESEL IN POWER PLANT TANKS) GROUP 2 ADDITIONAL SERVICES — SYPHON & TRANSPORT DuPage County will be requesting a unit price to syphon, and transport diesel fuel as described below. « Seasonal Service (Jan-Feb), potentially 4 times (28,000 gallon capacity divided by approximately 7000 gallon shipment increme! nts) e Syphon and Transport from DuPage County Facilities Management, on road diesel at the Power Plant to Department of Transportation tanks. FROM: DuPage Power Plant, 410 N. County Farm Road, Wheaton, IL 60187 TO: GROUP 2 BID PRICING: Department of Transportation, 140 N. County Farm Road, IL 60187. Price added to the OPIS LOW Chicago Rack Base Published price list on Date of Delivery: ESTIMATED ULTRA LOW SULFER DIESEL USAGE 30,000 GALLONS MARKUP ADDED TO OPIS LOW RACK GALLON PRICE EXTENDED COST ADJUSTMENT (gallons X markup rate) ADDITIONAL SERVICES - SYPHON & TRANSFER DIESEL FUEL 28,000 GALLONS PRICE FOR ONE (1) 7000 GALLON LOAD EXTENDED COST FOR FOUR (4) LOADS GROUP 2 TOTAL *IF a Discount to OPIS Price, please note THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 19 of 30 ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS GROUP 3 —- DUPAGE COUNTY PUBLIC SECTOR ENTITIES Delivery Address Bill to Address Fuel Tank Type & Capacity West Chicago Street City of West Chicago One (1) in-ground tank at 10,000 Division Municipal Garage | 475 Main Street, West Chicago, gallons using unleaded midgrade 135 West Grand Lake IL, 60185 gasoline. Boulevard, West Chicago, Annual Usage: 80,000 gallons IL, 60185. Tel: 630-293-2200 One (1) in-ground tank at 10,000 gallons low sulfur clean diesel. Tel: 630-293-2250 Annual Usage: 5000 Gallons of grade one (1) low sulfur clean Delivery Hours: 7AM — diesel. 3PM 45,000 Gallons of grade two (2) low sulfur clean diesel GROUP 3 BID PRICING: Price added to the OPIS LOW Chicago Rack Base Published price list on Date of Delivery: ESTIMATED GASOLINE-ALL MARKUP ADDED TO OPIS EXTENDED COST ADJUSTMENT GRADES USAGE LOW RACK GALLON PRICE (gallons X markup rate) 80,000 GALLONS $ $ ESTIMATED BIO DIESEL MARKUP ADDED TO OPIS EXTENDED COST ADJUSTMENT USAGE LOW RACK GALLON PRICE (gallons X markup rate) 50,000 GALLONS $ $ eal GROUP 4 TOTAL *IF a Discount to OPIS Price, please note THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 20 of 30 ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS PROCUREMENT SERVICES DIVISION BID #19-011-DOT (PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION) Full Name of Bidder Main Business Address City, State, Zip Code Telephone Number Fax Number Bid Contact Person 1 Email Address Bid Contact Person 2 Email Address TO: The DuPage County Procurement Services Division The undersigned certifies that he is: the CY aMember of CY an Officer of CY a Member of Owner/Sole the the the Joint Proprietor Partnership Corporation Venture herein after called the Bidder and that the members of the Partnership or Officers of the Corporation are as follows: (President or Partner) (Vice-President or Partner) (Secretary or Partner) (Treasurer or Partner) Further, the undersigned declares that the only person or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation; that he has fully examined the proposed forms of agreement and the contract specifications for the above designated purchase, all of which are on file in the office of the Procurement Manager, DuPage Center, 421 North County Farm Road, Wheaton, Illinois 60187, and all other documents referred to or mentioned in the contract documents, specifications and attached exhibits, including Addenda No. ‘ , and issued thereto; Further, the undersigned proposes and agrees, if this bid is accepted, to provide all necessary machinery, tools, apparatus and other means of construction, including transportation services necessary to furnish all the materials and equipment specified or referred to in the contract documents in the manner and time therein prescribed. Further, the undersigned certifies and warrants that he is duly authorized to execute this certification/affidavit on behalf of the Bidder and in accordance with the Partnership Agreement or by-laws of the Corporation, and the laws of the State of Illinois and that this Certification is binding upon the Bidder and is true and accurate. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 21 of 30 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS Further, the undersigned certifies that the Bidder is not barred from bidding on this contract as a result of a violation of either 720 Illinois Compiled Statutes 5/33 E-3 or 5/33E-4, bid rigging or bid-rotating or as a result of a violation of 820 ILCS 130/1 et seq., the Illinois Prevailing Wage Act. The undersigned certifies that he has examined and carefully prepared this bid and has checked the same in detail before submitting this bid, and that the statements contained herein are true and correct. If a Corporation, the undersigned further certifies that the recitals and resolutions attached hereto and made a part hereof were properly adopted by the Board of Directors of the Corporation at a meeting of said Board of Directors duly called and held and have not been repealed, nor modified and that the same remain in full force and effect. (Bidder may be requested to provide a copy of the corporate resolution granting the individual executing the contract documents authority to do so.) Further, the bidder certifies that he has provided equipment, supplies or services comparable to the items specified in this contract to the parties listed in the reference section below and authorizes the County to verify references of business and credit at its option. Finally, the Bidder, if awarded the contract, agrees to do all other things required by the contract documents, and that he will take in full payment therefore the sums set forth in the bidding schedule. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 22 of 30 ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS BID PRICING SUMMARY: Group Number Gallons Markup Extended Price 440,000 — Midgrade Gasoline GROUP ONE (1) 162,000 - Diesel GROUP TWO (2) 58,000 - Diesel | 80,000 — Midgrade GROUP THREE (3) Gasoline 50,000 Diesel TOTAL BID PRICE: BID AWARD CRITERIA: e For group one (1) and group two (2) A contract will be awarded to lowest responsive and responsible. We reserve the right to issue awards by group, category or to take the lowest average of both, whichever is in the best interest of the County. The Contractor agrees to provide the equipment, service and supplies described above and in the contract specifications under the conditions outlined in attached documents for the amount stated above subject to unit quantity adjustments based upon actual usage. « For group three (3) The City of West Chicago will make an independent determination on whether it will enter into an agreement with the Awarded Contractor. The Contractor agrees to provide the equipment, service and/or supplies as described in this solicitation and subject, without limitation, to all specifications, terms, and conditions herein contained. Bidder shall acknowledge receipt of each addendum issued in the space provided on the bid form. X CORPORATE SEAL (Signature and Title) (If available) BID MUST BE SIGNED AND NOTARIZED FOR CONSIDERATION Subscribed and sworn to before me this day of AD, 20_ My Commission Expires: (Notary Public) THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 23 of 30 ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS VENDOR ETHICS DISCLOSURE The Vendor Ethics Disclosure Statement can be found on the next page and on the County's Internet site under Contractor Forms in the Procurement section. The most current version of the form should always be utilized. There is also another form for additional pages; all pages are Adobe fillable forms. Continuing Disclosure: It is the contractor/vendor’s responsibility to update contribution information on an ongoing basis during the life of the contract. The vendor is required to submit an updated Ethics Disclosure Statement to the user department, any time contributions are made to the Chairman or County Board Members subsequent to the most recent authorized contract action. Failure to Comply: Failure to provide the requested information will at minimum delay awarding of the contract and could result in the selected vendor being disqualified as non- responsive and non-responsible. Providing fraudulent information on the Vendor Ethics Disclosure Statement may result in a Class 3 Felony. Contribution: A gift, subscription, dues, loan, advance or deposit of money or anything of value, including services, knowingly received in connection with the nomination for election or election of any person to County office. Multi-year contracts: Those contracts with a duration greater than 12 months require annual updates, to be filed by the vendor with the user department, and forwarded to Procurement. The reporting period should be the current and previous calendar years. Prohibited Source: Any person or entity who (i) is seeking official action by the Chairman, County Board member or in the case of an employee, by the employee or by the Chairman or County Board member, or another employee directing that employee; (ii) does business or seeks to do business with the Chairman, County Board member or employee (iii) conducts activities regulated by the Chairman, County Board member or employee (iv) has interests that may be substantially affected by the performance or non-performance of the official duties of the Chairman, County Board member or employee (v) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act or the DuPage County Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its member or serves on its board of directors (vi) is a Political Action Committee to which a prohibited source has contributed. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 24 of 30 ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS Required Vendor Ethics Disclosure Statement Failure to complete and return this form may result in delay or cancellation of the Peet County's Contractural Obligation. Bid/Contract/PO #: Company Name: ] Company Contact: Contact Phone: | Contact Email: The DuPage County Procurement Ordinance requires the following written disclosures prior to award: 1. Every contractor, union, or vendor that is seeking or has previously obtained a contract, change orders to one (1) or more contracts, or two (2) or more individual contracts with the county resulting In an aggregate amount at or In excess of $25,000, shall provide to Procurement Services Olvision a written disclosure of all political campaign contributions made by such contractor, union, or vendor within the current and previous calendar year to any Incumbent county board member, county board chairman, or countywide elected official whose office the contract to be awarded will benefit. The contractor, union or vendor shall update such disclosure annually during the term of a multi-year contract and prior to any change order or renewal requiring approval by the county board. For purposes of this disclosure requirement, “contractor or vendor" includes owners, officers, managers, lobbyists, agents, consultants, bond counsel and underwriters counsel, subcontractors and corporate entities under the control of the contracting person, and political action committees to which the contracting person has made contributions {-) NONE (check here) - If no contributions have been made Add Description (e.g, cash, type of item, In- ce Recipient [Donor ind services, ete) Amount/Value Date Made x | | x | Se) ES EE 2, All contractors and vendors who have obtained or are seeking contracts with the county shall disclose the names and contact Information of their lobbyists, agents and representatives and all individuals who are or will be having contact with county officers or employees in relation to the contractor bid and shall update such disclosure with any changes that may occur, (-) NONE (check here) - Ifo contacts have been made Lobbyists, Agents and Representatives and all individuals who are Ada|Or will be having contact with county officers or employees In Telephone Email Line| relation to the contract or bid x | x | A contractor or vendor that knowingly violates these disclosure requirements Is subject to penalties which may Include, but are not limited to, the Immediate cancellation of the contract and possible disbarment from future county contracts, Continuing disclosure ts required, and | agree to update this disclosure form as follows: * If information changes, within five (5) days of change, or prior to county action, whichever |s sooner * 30 days prior to the optional renewal of any contract * Annual disclosure for multi-year contracts on the anniversary of said contract * With any request for change order except those Issued by the county for administrative adjustments The full text for the county's ethics and procurement policies and ordinances are avallable at: http//www.dupageco.org/CountyBoard/Policies/ I hereby acknowledge that I have received, have read, and understand these requirements. Authorized Signature Printed Name Title Date Attach additional sheets If necessary. Sign each sheet and number each page. Page of {total number of pages) FORM OPTIMIZED FOR ACROBAT AND ADOBE READER VERSION 9 OR LATER it a THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 25 of 30 ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS Request for Taxpayer Identification Number and Certification > Go to www-irs gov/FormW9 for Instructions and the latast information. IS required on this Bn GD not laave Ts |ino béare. Give Form to the following seven boxes. singie-memiper LLC aaneniner LLC tmat is eat ‘3 Check approprinte box for federal tax classification of the person whose name is erbereci on line 1. Chack only ane cf the | 4 Examptons icoces apply ony 20 0 wetveumsce propreteroe (1) Ccorpornten []scopomtion [1] ramen (trusts Oo Uumited daniny compar. Enter tne tax cinsaitcation (CC corporniion, S58 corporation P-Pannarsnipy > Notec Check tha appraprima bax in the Ine above for tne ta climtification of ha LOC if the LLC is cise Med 23 2 singic-memme LLC at & doragerded from the cener unisss the cwnar of the LLC ts from the owner for U.S. faders tux 16 isregarasd from the owner should check the appropriste bes for the tex clmssiNcadon of fs owner Certetn entities, nct Individual: sae Fatuctions on page 3 Examen panyes coche |f arty) cwmer, Go net chectt | Exemption from FATCA reporting cots jit amy) (Ctherwing, a singkmember LLC tut} A FE RAN er tam SN Pw LES) riter your TIN In the ax. The TIN beckup withholding. For individuals, ts is recident alien, sale proprietor, or disregarded ne Note: If he eccount Is In more than ane nama, see the Instructions for line 1. Also see Wet Name and Mumber To Give tie Mequaster for guidelines on whose number to enter. Under pereities a 1 1, The number shown on this form Is my correct 2. am nat subject to backup mwtnholding Service (/AS} that | am subject to backup no longer subfect to backup withholding: and 3. am @ U.S. cittzan or other US. person (cletned below); and must matcn the name given online 1 to avoid your social security numer (SSN). However, for a |, S8@ the Instructions for Part ||, Jaber. For other IN}. ITyou do not nave a number, see Mow’ to gata bacause: (aj | am exempt from Backup wetnnading, as a resuit of a allure 1p report all Interest ar cidends, or (c} the (RS has notified me that | am Joantiicetion numipar jor | am waiting for a numicer to ba Issuac to mek and OF (bi | have not been nctihed by the intemal Revenue 4. The FATCA coeds) ertered on this toem (If any) Incicating that | am exempt rom FATCA regarting ts corect. Certification instructions. You must cross out hem 2 above tf you have been notifed by the IRS that you are currently subject to backup withholding because hawe failed to report pee In or abandonment of secured all terest and chaderxts on your Signature at Here US. person > General Instructions Section references are to the Internal Revenue Code uniass othanstse Future For the lenest information about reated to Form W-9 and Its Instructions, such as legislation enacted after hey ware publisned, go to www.irs.gav/Fomive. Purpose of Form An Individuet or (Form W-s who Is required to fla. an Informetion return the IFS must obtain your correct taxpayer identification number (TIN) which may be your soctat security number |. Individual taxpayer identification number (ITN), adoption ideettitication number (ATIN), or employer Identification number (BIN). to report on an Information retum the amount paki to you, or other amount cn an information return. Examples of Infcemation returns include, Dut are not liméted to, the fatlowing. » Form 1099-INT (Interest earned cr paid) ‘tax return. For real estate transactions, Item 2 does not apply. For |, Cancellation of debt, contributions io art nchvidual retireenent (IRA), ana other than Interest eng dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions Interest paid, for Purt I, later. Data > + Form 1062-O1V (dividends, Including those from stocks or mutual « Form 10@9-MISC (various types af Income, prizes, awards, or gross proceeds] + Farm 1089-2 (stock or mutual fund sales and certain other transactions by browars) + Form 1089-S {proceeds from reef estate transactions) = Form 106% |merchant card and third party network transactions) + Form 1088 home mortgage Interest}, 1096-£ (student loan Interest), 1068-T ftultiory + Form 1089-C (canceled dett) * Form 1089-4 (acquisition or abandonment of secured proparty) Use Form W-9 only if you are a ULS. person (Inctucing a resident allen), to provide your correct TIN. ft you do not return Form W-9 to the with a THN, you might be surect to backup wiinnang. See Wet 8 backup withoxng. Cat, No, 10231% Form W-@ (roy. 10-2018) Please submit completed W-9 form with your bid proposal THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 26 of 30 ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS REFERENCES The bidder must list at least three (3) references, listing firm name, address, telephone number and contact person to whom they have provided similar equipment, material or services for a period of not less than six (6) months. Additional references may be required. If bidder is a new business, provide references that will enable the County to determine if bidder is responsible. COMPANY NAME: ADDRESS: a CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: | ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: COMPANY NAME: ADDRESS: Eee Ss... —VL—e CONTACT PERSON: TELEPHONE NUMBER: THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 27 of 30 ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS CONTRACT AGREEMENT CONTRACT #19-011-DOT BETWEEN [CONTRACTOR] AND THE COUNTY OF DU PAGE THIS AGREEMENT is entered into this day of , 2019, between the County of DuPage, Illinois a body corporate and politic, located at 421 North County Farm Road, Illinois, 60187-3978 (hereinafter referred to as the COUNTY), and , licensed to do business in the State of Illinois, located at A ; (hereinafter referred to as the CONTRACTOR). RECITALS WHEREAS, the COUNTY requires the goods and/or services specified in Bid #19-011-DOT for its Department of Facilities Management and Public Works, located at the DuPage County Center, 421 North County Farm Road, Wheaton, Illinois 60187 and DuPage County Public Works Treatment Plant, 7900 S. Route 53, Woodridge, IL 60517; and WHEREAS, the CONTRACTOR is the vendor selected pursuant to the bid process and is willing to perform under the terms of the Bid and this Contract. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties agree that: 1.0 CONTRACT DOCUMENTS 1.1. This Contract includes all of the following component parts, all of which are fully incorporated herein and made a part of the obligations undertaken by the parties: 1.1.a Bid Invitation 1.1.b Project Information 1.1.¢ Instructions to Bidders 1.1.d General Conditions 1.1.e€ Special Conditions 1.1.f — Insurance/Bonding Requirements and Certificates 1.1.g Bid Form (including Certification/Proposal, Signature Affidavit including Proposal Pricing) 1.1.h Specifications (including any addenda, interpretations and approved exceptions) 1.1.1 Exhibits 1.1.) | County Purchase Order 12 All documents are or will be on file in the office of the Procurement Services Division, DuPage Center, 421 North County Farm Road, Room 3-400, Wheaton, Illinois 60187. 1.3 In the event of a conflict between any of the above documents, the documents control from top to bottom; i.e., "a” controls over “b”. 2.0 DURATION OF THIS CONTRACT 2.1 Unless terminated as provided in the Bid Invitation, the term of this Contract shall be a two year period. 2.2 The Contract term is subject to renewal according to the Bid Invitation Specifications. 2.3 Inno event shall the term plus renewals exceed four (4) years. THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 28 of 30 ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] 3.0 4.0 5.0 6.0 7.0 8.0 COUNTY OF DU PAGE, ILLINOIS BID PRICES AND PAYMENT 3.1 The Contractor shall provide the required goods and or services described in the Bid Specifications for the prices quoted on the Bid Form. 3.2 The County shall make payment pursuant to the Illinois Local Government Prompt Payment Act, except that no payment shall be approved where the Contractor has failed to comply with certified payroll requirements of the Illinois Prevailing Wage Act or Davis Bacon Act. AMENDMENTS 4.1. This Contract may be amended by mutual agreement. 4.2 All amendments will conform to State of Illinois Statutes and County procedures for Change Orders. CONTRACT ENFORCEMENT - ATTORNEY'S FEES 5.1 If the County is required to take legal action to enforce performance of any of the terms, provisions, covenants and conditions of this Contract, and by reason thereof, the County is required to use the services of an attorney, including the States Attorney, then the County shall be entitled to reasonable attorney's fees and all expenses and costs incurred by the County pertaining thereto and in enforcement of any remedy, including costs and fees relating to any appeal. SEVERABILITY CLAUSE 6.1 If any section, paragraph, clause, phrase or portion of this Contract is for any reason determined by a court of competent jurisdiction to be invalid and unenforceable, such portion shall be deemed separate, distinct and an independent provision, and the court's determination shall not affect the validity or enforceability of the remaining portions of this Contract. GOVERNING LAW 7A This Contract shall be governed by the laws of the State of Illinois both as to interpretation and enforcement. Venue for all disputes will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois and that Illinois law will control. ENTIRE AGREEMENT 8.1 This Contract, including the documents listed in 1.0, contains the entire agreement between the parties. 8.2 There are no covenants, promises, conditions, or understandings; either oral or written, other than those contained herein. IN WITNESS WHEREOF, the parties set their hands and seals as of the date first written above. COUNTY OF DU PAGE, ILLINOIS [CONTRACTOR] By: By: JAMES MCGUIRE AUTHORIZED SIGNATURE PROCUREMENT OFFICER TITLE THE COUNTY OF DUPAGE GASOLINE AND DIESEL FUEL PURCHASE #19-011-DOT Page 29 of 30 ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] COUNTY OF DU PAGE, ILLINOIS OUTSIDE ENVELOPE BID LABEL SEALED BID PROPOSAL INVITATION 19-011-DOT #: GASOLINE FUEL PURCHASE OPENING DATE: OPENING TIME: Company Name: DATED MATERIAL- DELIVER IMMEDIATELY PLEASE CUT OUT AND AFFIX THIS BID LABEL (ABOVE) TO THE OUTERMOST ENVELOPE OF YOUR PROPOSAL TO HELP ENSURE PROPER DELIVERY! THE COUNTY OF DUPAGE GASOLINE AND FUEL PURCHASE #19-011-DOT Page 30 of 30 ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] Ttem # 3G. ORDINANCE NO. 19-O-0010 AN ORDINANCE AMENDING THE CITY OF WEST CHICAGO’S WATER BILLING REGULATIONS IN SECTION 18-37 OF THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO, ILLINOIS WHEREAS, the City of West Chicago (the “City”) is an Illinois home rule municipality; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, as an Illinois home rule municipality, the City has the authority, among other things, to impose water usage regulations; and WHEREAS, the City has undergone a comprehensive City-wide Water Meter Replacement and Advanced Meter Infrastructure Network upgrade; and WHEREAS, the upgrade is designed to replace older, manually read, water meters and to implement a meter reading system which will capture the water usage and will allow the City to bill the users for the water used; and WHEREAS, the water meter replacement and the advanced meter infrastructure Project has encountered various issues which have caused a delay in the issuance of water bills to the users; and WHEREAS, the water users were notified of this situation and were given option to make payments toward the costs associated with their water usage; and WHEREAS, the water billing for the City has, as a result of the issues encountered with the water meter Project, been delayed and the City commenced billing the water users in arrears in accordance with the City Ordinances; and WHEREAS, Section 18-37 of the Code of Ordinances of the City of West Chicago contains directory water usage provisions specific to billing and charges for usage of the City’s water system; and WHEREAS, the City finds it is in the best interests of the City and the residents to clarify the directory water usage provisions specific to billing and charges for usage of the City’s water system to reflect the practice of the City with respect to water billing, which provisions are set forth in Section 18-37 of the Code of Ordinances of the City of West Chicago. ===== PDF PAGE 74 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, County of DuPage, Illinois, as follows: SECTION 1: That Section 18-37(a)(3) of the Code of Ordinances of the City of West Chicago is hereby amended by deleting the stricken language and adding the underscored language as follows: The aforesaid rates apply to bimonthly billing periods, or as otherwise determined by the city administrator or his designee, and the charge shall be based upon meter readings, provided however, that the minimum charge set forth is as above. The reading device on the meter shall be considered the primary reader and will be used for billing if different than the remote reader. For cases of faulty meters or unmetered service, the minimum charge plus a usage estimate by the director of administrative services or his designee shall establish the charges. All charges provided herein may be billed bimonthly. Failure to bill any charges provided herein on a bimonthly basis shall have no impact on liability for any outstanding usage charges incurred for any period of time. SECTION 2: This Ordinance and clarifying amendments provided herein shall apply to any and all billed or unbilled charges incurred for water usage prior to and subsequent to the effective date of this Ordinance. SECTION 3: This Ordinance and clarifying amendments provided herein apply to all causes of action that have accrued, will accrue, or are currently pending before a court of competent jurisdiction, including courts of review. SECTION 4: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are expressly repealed. SECTION 5: If any portion of this Ordinance is ruled or held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the Ordinance, and the remainder of the Ordinance shall be construed as if not containing the particular provision and shall continue in full force, effect and enforceability. SECTION 6: This Ordinance and amendments provided herein shall be controlling over any State law, which does not expressly limit the home rule authority of the City, including but not limited to section 11-150-2 of the Illinois Municipal Code. SECTION 7: This Ordinance shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. ===== PDF PAGE 75 ===== [Extraction: OCR (rendered-page OCR)] PASSED this 15th day of April 2019. Alderman J. Beifuss Alderman J. Sheahan Alderman A. Hallett Alderman M. Birch-Ferguson Alderman K. Swiatek Alderman R. Stout Alderman N. Ligino-Kubinski HTT | APPROVED as to form: Alderman L. Chassee Alderman H. Brown Alderman M. Ferguson Alderman S. Dimas Alderman M. Garling Alderman J. Short Alderman B. Gagliardi City Attorney APPROVED this 15th day of April 2019. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: April 16, 2019 TTT