Madison County Mass Transit District Fuel – Biodiesel and Unleaded No. 27-1-26700

State of Illinois Provisions Page 1 of 6 Updated 6/30/2026

VOLUME 4 STATE OF ILLINOIS PROVISIONS

The Illinois Department of Transportation (IDOT) requires the following provisions in all contracts in which IDOT funds are used to fund all or a portion of the project. In the event of conflicts between a provision set forth in these State Additional Provisions and a provision set forth in the other identified contract documents, the provision that is more restrictive or imposes a higher standard / requirement shall control. If the conflicting provisions are of equal restrictiveness, the provision that is the most specific to the subject matter shall control.

IL 1 Access to Records

Contractor shall make books, records, related papers, supporting documentation and personnel relevant to this contract available to authorized Madison County Mass Transit District (Owner) representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, Buyers Inspector General, and any other person as may be authorized Owner (including auditors), by the State of Illinois at all reasonable times of the normal business day. Contractor shall cooperate fully in any such audit or inquiry.

This applies to all third party contract records (at any tier), as required.

IL 2 Accounting Records

Contractors and their subcontractors must have an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state-funded Contract. Accounting records must contain information pertaining to state-funded awards, authorizations, obligations, unobligated balances, assets, outlays, and income. These records must be maintained on a current basis and balanced at least quarterly.

IL 3 Assignment

The Contractor shall not assign its performance of any portion of the specified services under any subsequent contract or agreement without the advance written consent of Owner. It is hereby understood and agreed; that said consent must be sought in writing not less than ten (10) calendar days prior to the date of any proposed assignment. Owner reserves the right to accept or reject any such assignment, although Owner's acceptance shall not be unreasonably withheld.

IL 4 Audit

Owner or the State of Illinois may, at its sole discretion and at its own expense, perform a final audit of the public funds used in this Contract (30 ILCS 5, the Illinois State Auditing Act). Such audit may be used for settlement of Contract expenses and for Contract closeout purposes. The Contractor agrees to implement any audit findings contained in the State's authorized inspection or review, final audit, the State's independent audit, or as a result of any duly authorized inspection or review. The records and supportive documentation for all completed Contracts are subject to an on-site audit by the Illinois Department of Transportation, Bureau of Investigation and Compliance. The Bureau of Investigation and Compliance reserves the right to inspect and review, during normal working hours, the Workpapers of the independent auditor in support of their audit. Failure to comply can result in payment being withheld until compliance is met.

IL 5 Bonding (Construction over $150,000)

Not applicable

IL 6 Contract Changes

Any proposed change to this contract shall be submitted to Owner and shall be approved in writing by Owner prior to the Contractor performing any work or incurring any costs related to the change.

IL 7 Domestic Preferences for Procurement

As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under this Contract, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

State of Illinois Provisions Page 2 of 6 Updated 6/30/2026

IL 8 Equal Employment Opportunity

During the performance of this contract, the contractor agrees as follows:

1. That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.

2. That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.

3. That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service.

4. That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract.

5. That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part.

6. That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations.

7. That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation.

IL 9 Financial Assistance Acknowledgement

Contracts resulting from this solicitation are subject to financial assistance agreements between Owner and the Illinois Department of Transportation.

IL 10 Illinois Prevailing Wage (Construction)

Not applicable

IL 11 Illinois Works (Construction)

Not applicable

State of Illinois Provisions Page 3 of 6 Updated 6/30/2026

IL 12 Insurance

The Contractor and their subcontractors shall maintain Workmen's Compensation, Public Liability, Property Damage, and Vehicle Liability Insurance in amounts and on terms satisfactory to the Owner and any specific insurance requirements noted in a procurement solicitation.

At a minimum, the following insurance requirements shall be met by the Contractor. When applicable, more stringent or revised insurance requirements may be required.

The selected Contractor shall obtain and keep in force, at its own expense, during the full term of any subsequent contract or agreement the following insurance coverage:

1. Statutory Workers' Compensation and Employer's Liability Insurance. All employees of the Contractor performing work under any Contract or Agreement for this Project shall be insured in the statutory amount required to comply with the laws of the State of Illinois, or their respective State of incorporation, as appropriate.

2. Comprehensive Vehicle Liability Insurance. All vehicles used in conjunction with the performance of any Project Agreement, whether owned, non-owned, leased, or hired shall be insured; limits for bodily injury or death shall not be less than Five Hundred Thousand and Zero One-Hundredths Dollars ($500,000.00) per person and One Million and Zero One-Hundredths Dollars ($1,000,000.00) per occurrence, and property damage limits of not less than Five Hundred Thousand and Zero One-Hundredths Dollars ($500,000.00); or as an alternative, not less than One Million and Zero One-Hundredths Dollars ($1,000,000.00) combined single-limit coverage.

3. Comprehensive General Liability Insurance. When applicable, the Contractor shall maintain this insurance with limits for bodily injury or death of not less than Five Hundred Thousand and Zero One-hundredths Dollars ($500,000.00) per incident, and One Million and Zero One-hundredths Dollars ($1,000,000.00) aggregate. This insurance coverage must cover at least the following types of coverage:

a. Operations - Premises Liability;

b. Independent Contractor's Liability;

c. Broad Form Contractual Liability, covering the Contractor's obligations under any contract or agreement for the Project;

d. Products Liability;

e. Completed Operations Liability;

f. Personal Injury Liability, including claims arising from employees of the contractor; and

g. Broad Form Property Damage Liability.

4. Umbrella Liability Insurance of not-less-than One Million Dollars ($1,000,000.00).

All such insurance, when required, shall be provided by insurance companies having a Best's rating of not less than A+XII, as shown in the most current issue of Best's Key Rating Guide, Property - Casualty.

The Contractor shall indemnify and hold the Owner harmless against any direct or indirect damages that shall be suffered or claimed for injuries to persons or property during the performance of the work described in any subsequent contract or agreement for this Project. Notwithstanding, the Owner reserves all claims or rights of action against the Contractor as may be required in the best interests of the Owner. The Owner shall be named specifically as an additionally insured party for that insurance coverage required for a given Project procurement. A Certificate of Insurance with the Owner listed as an additionally insured party shall be provided within ten (10) calendar days following the execution of a contract or agreement. The Contractor's insurer shall agree to give the Owner a minimum of ten (10) calendar days advance written notice of a cancellation of insurance or a reduction in coverage below the limits set forth in the contract or herein. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from liabilities in excess of such coverage. The Contractor and all of its insurers shall waive all rights of recovery or subrogation against the Owner and their insurance companies.

Both parties agree to provide prompt notice in writing of the institution of any suit or proceeding and permit defense of the same, and will provide all needed information and assistance to enable either party to do so.

The Contractor shall give immediate notice to the Owner of any suit, claim, or action filed which arises out of

State of Illinois Provisions Page 4 of 6 Updated 6/30/2026 the performance of any contract or agreement. Copies of all pertinent papers shall be supplied to the appropriate party immediately.

When applicable, the Contractor shall require its subcontractors to obtain an amount of insurance coverage which is deemed adequate by the Contractor, for their levels of Project participation. The Contractor shall be liable to the extent that any subcontractor insurance coverage is inadequate. Subcontractors shall submit insurance certificates evidencing coverage, prior to any commencement of work. The Owner reserves the right to inspect Contractor and Subcontractor insurance policies, in regard to insurance requirements, prior to the commencement of any work.

IL 13 Intellectual Property Hold Harmless

Upon request by Owner, the Contractor agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless Owner against any liability, including costs and expenses of Owner's officers, employees, and agents acting within the scope of their official duties. The Contractor will not be required to indemnify Owner for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law.

IL 14 Liquidated Damages (Construction $500K or greater)

Not applicable

IL 15 Lobbying

Improper Influence. Contractor certifies that no Contract Funds have been paid or will be paid by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any Agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, Amendment or modification of any Agreement, grant, loan or cooperative Agreement. 31 USC 1352. Additionally, Contractor certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable.

Lobbying Costs. Contractor certifies that it is in compliance with the restrictions on lobbying using state grant funds as set forth below:

1. Any attempts to influence the outcomes of any Federal, state, or local election, referendum, initiative, or similar procedure, through in-kind or cash contributions, endorsements, publicity, or similar activity;

2. Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political action committee, or other organization established for the purpose of influencing the outcomes of elections in the United States;

3. Any attempt to influence the introduction of Federal or state legislation, the enactment or modification of any pending Federal or state legislation through communication with any member or employee of the Congress or state legislature (including efforts to influence state or local officials to engage in similar lobbying activity), the enactment or modification of any pending Federal or state legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public, or any segment thereof, to contribute to or participate in any mass demonstration, march, rally, fund raising drive, lobbying campaign or letter writing or telephone campaign; and

4. Any government official or employee in connection with a decision to sign or veto enrolled legislation.

Procurement Lobbying. Contractor warrants and certifies that it and, to the best of its knowledge, its sub-grantees have complied and will comply with Executive Order No. 1 (2007) (EO 1-2007). EO 1-2007 generally prohibits Contractor and subcontractors from hiring the then-serving Governor's family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments, if that procurement may result in a contract valued at over $25,000. This prohibition also

State of Illinois Provisions Page 5 of 6 Updated 6/30/2026 applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity.

IL 16 Nondiscrimination

Contractor agrees to comply with the following nondiscrimination policies of the State of Illinois, and agrees to include this requirement in all subcontracts made pursuant to this Contract:

1. Freedom from Unlawful Discrimination. To secure for all individuals within Illinois the freedom from discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations, including in elementary, secondary, and higher education.

2. Freedom from Sexual Harassment-Employment and Elementary, Secondary, and Higher Education.

To prevent sexual harassment in employment and sexual harassment in elementary, secondary, and higher education.

3. Freedom from Discrimination Based on Citizenship Status-Employment. To prevent discrimination based on citizenship status in employment.

4. Freedom from Discrimination Based on Work Authorization Status-Employment. To prevent discrimination based on the specific status or term of status that accompanies a legal work authorization.

5. Freedom from Discrimination Based on Familial Status or Source of Income-Real Estate Transactions. To prevent discrimination based on familial status or source of income in real estate transactions.

6. Public Health, Welfare and Safety. To promote the public health, welfare and safety by protecting the interest of all people in Illinois in maintaining personal dignity, in realizing their full productive capacities, and in furthering their interests, rights and privileges as citizens of this State.

7. Implementation of Constitutional Guarantees. To secure and guarantee the rights established by Sections 17, 18 and 19 of Article I of the Illinois Constitution of 1970.

8. Equal Opportunity, Affirmative Action. To establish Equal Opportunity and Affirmative Action as the policies of this State in all of its decisions, programs and activities, and to assure that all State departments, boards, commissions and instrumentalities rigorously take affirmative action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government and in their relations with the public.

9. Unfounded Charges. To protect citizens of this State against unfounded charges of prohibited discrimination in employment, real estate transactions, financial credit, and public accommodations, including in elementary, secondary, and higher education.

IL 17 Prohibited Interest of Local Official

No member, or officer, or employee of Owner or a local public body with financial interest or control in this contract during their tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

IL 18 Retainage (Construction)

Not applicable

IL 19 Retention of Records

Contractor shall maintain for six (6) years from the date of submission of the final expenditure report, adequate books, all financial records and, supporting documents, statistical records, and all other records pertinent to this contract. If any litigation, claim, or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken.

IL 20 Subcontracts

The Contractor shall not enter into any subcontracts or agreements, or authorize any work by the forces of a subcontractor, or use any materials from the stores of a subcontractor, with respect to this contract and any subsequent contracts, without the prior concurrence of Owner. All such subcontracts and agreements shall

State of Illinois Provisions Page 6 of 6 Updated 6/30/2026 be approved by Owner. Acceptance of subcontractors is contingent upon each subcontractor's ability to comply with the applicable terms, conditions, and clauses, particularly the assurances, contained in any subsequent contract or agreement.

IL 21 Termination for Convenience

The Owner may terminate this contract for convenience, in whole or in part, at any time by the provision of written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to be paid by the Owner. If the Contractor has any property in its possession belonging to the Owner, the Contractor will account for the same, and dispose of it in the manner the Owner direct(s).

IL 22 Termination for Default (Cause or Breach)

The Owner may, by written notice of default to the Contractor, terminate the whole, or any part of this Contract, if the Contractor fails to provide the item(s) or perform the services within the time specified herein or any extension thereof; or if the Contractor fails to perform any of the other provisions of the Contract, or so fails to make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days or such longer period as the Contracting Officer, or the Contracting Officer's authorized representative, specifies.

This Contract may be terminated immediately in writing by the Owner due to nonperformance, theft, vandalism or other conduct by the Contractor’s personnel which is contrary to the proper securement of the Owner’s real or intellectual property.

The Owner shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor shall only be paid the Contract price for services performed in accordance with the manner or performance set forth in this Contract.

If the Contract is terminated in whole or in part for default, the Owner may procure, upon such terms and in such manner as the Contracting Officer, or the Contracting Officer's authorized representative may deem appropriate, services similar to those so terminated. The Contractor shall be liable to the Owner for any excess costs for such similar services and shall continue the performance of this Contractor to the extent not terminated under the provisions of this clause.

Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises out of causes beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the subcontractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

Payment for completed services or item(s) provided to, and accepted by, the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due to the Contractor for such completed supplies such sum as the Contracting Officer, or the Contracting Officer's authorized representative, determines to be necessary to protect the Owner against loss because of outstanding liens or claims of former lien holders.

The rights and remedies of the Owner provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the terms of this purchase Contract.

IL 23 Warranty of Construction (Construction)

Not applicable

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