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2019-12-02 - Ordinance 2019-071 - AUTHORIZING AN AGREEMENT WITH CRYSTAL MAINTENANCE FOR CUSTODIAL SERVICES ORDINANCE 2019 - 071 A ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH CRYSTAL MAINTENANCE SERVICES CORP. FOR CUSTODIAL SERVICES WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village released notifications and sought out firms qualified to perform the requested services in Village owned facilities; and WHEREAS, the Village engaged in a competitive procurement process to obtain the best value for money. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village President is authorized to execute a contract with Crystal Maintenance Services Corp., pending review and approval by the Village Attorney at a price not to exceed $230, 840.00 SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and not be codified. AYES: 6—Stein, Ottenheimer,Weidenfeld,Johnson, Smith, Pike NAYES: 0- None ABSENT: 0-None PASSED: December 2,2019 APPROVED: December 2 2019 APPROVED: Beverly Sussma dlage President ATTEST: Janet M. bian, grillage Clerk VoBG-2019-21 VILLAGE OF BUFFALO GROVE CUSTODIAL SERVICES AGREEMENT Custodial Services Agreement (the "Agreement') is entered between the Village of Buffalo Grove (hereinafter the"Village"or"Owner"), an Illinois home-rule unit of government, and Crystal Maintenance Services,COCA.,a(hereinafter the"Contractor")on this 3rd day of December,2019(the"Effective Date"). The Village and the Contractor are hereinafter sometimes collectively referred to as the "Parties" and individually as a"Party". RECITALS WHEREAS,the Village has solicited bids for the Work(defined below),Contractor has submitted a bid for the Work and Village has selected Contractor for the Work based on their bid; and WHEREAS,the Contractor wishes to enter into this Agreement with the Village and the Village wishes to enter into this Agreement with the Contractor for the Work; NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained, the adequacy and sufficiency of which are hereby acknowledged by the Parties,it is agreed as follows: ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR The Village does hereby hire and contract with the Contractor to provide all the labor, equipment, materials and/or services described more thoroughly on Agreement Exhibit A (the "Work") which is incorporated into the Agreement by this reference. ARTICLE 11-AGREEMENT DOCUMENTS The following exhibits are attached hereto and incorporated herein by this reference: Agreement Exhibit A—Description of the Work Agreement Exhibit B—Schedule of Prices Agreement Exhibit C—Payment and Performance Bonds If any term or provision of this Agreement shall conflict with any term or provision of the exhibits referenced above, the terms and provisions of the exhibit shall control. ARTICLE III-AGREEMENT AMOUNT The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict accordance with this Agreement as detailed in Agreement Exhibit B (the "Schedule of Prices") Unless explicitly provided otherwise in this Agreement, the detailed sums shall be the full and exclusive compensation owed to the Contractor for the Work; and Contractor may not seek additional payments from the Village. 1 Custodial Services VoBG-2019-21 ARTICLE IV—PAYMENT The Contractor shall be paid at most once a month and only after providing the Village the following: 1. Invoice with cost per facility and noted deductions for non-performance. All payments under this Agreement must be approved by the Village's Board at regularly scheduled meetings. The Village reserves the right to request any receipts, invoices,proof of payments as the Village, in its sole discretion, may deem necessary to justify the payment requested prior to paying the requested payment. The Contractor shall furnish with his final application for payment a Final Lien Waiver from itself and, if not already provided, from every subcontractor and materialman of the Work. The Contractor acknowledges that the Village is a unit of local government and that all payments under the Agreement are subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq. To that extent, the Village shall have forty-five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under the Agreement. Interest,if any, charged for any late payments will be subject to the interest rate caps specified in the Prompt Payment Act. ESCALATION CLAUSE Prices throughout the initial term of the contract shall reflect the Contractor's response to the RFP and subsequent negotiations.For subsequent terms,requests for increases of unit prices shall not exceed the CPI- All Urban Consumers,Chicago or 2.5%whichever is less. Written requests for price revisions after the initial term shall be submitted ninety(90)days in advance. Requests may be based upon and include documentation of the actual change in the cost of the components involved in the contract and shall not include overhead or profit. The Village reserves the right to reject any price increase and elect not to renew the contract. ARTICLE V—AGREEMENT TIME The Village will enter into a two (2) year contract with two (2) possible two (2) year extensions from January 1, 2020. At the end of any contract term, The Village of Buffalo Grove reserves the right to extend this contract for a period of up to ninety (90) calendar days for the purpose of securing a new contract. Unless otherwise provided in this Agreement,any reference in this Agreement to"day"or"days"shall mean calendar days and not business days. ARTICLE VI—PERFORMANCE and PAYMENT BOND The Contractor shall provide the Village with a performance and payment bond in substantially the same form as on Agreement Exhibit C (the "Performance and Payment Bond") prior to Contractor beginning any Work and within 10 calendar days of the Notice of Award sent to the Contractor. 2 Custodial Services VoBG-2019-21 ARTICLE VII—ACCIDENT PREVENTION The Contractor shall exercise every precaution at all times to protect itself, the property of the Village and the property of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the Contractor at all times. Any practice deemed hazardous or dangerous by the Facility Manager or his authorized representatives shall be immediately discontinued by the Contractor upon receipt of instructions from the Facility Manager or his authorized representatives. To the fullest extent permitted by law, the Contractor shall be solely responsible for all safety-related matters. ARTICLE VIII—INDEMNIFICATION To the fullest extent permitted by law,the Contractor agrees to defend,pay on behalf of, indemnify,and hold harmless the Village, its elected and appointed officials, agents, employees and volunteers and others working on behalf of the Village against any and all claims, demands, suits or loss, including all costs connected therewith,and for any damages which may be asserted, claimed or recovered against or from the Village, its elected and appointed officials, agents, employees and volunteers and others working on behalf of the Village, by reason of personal injury, including bodily injury and death, and/or property damage, whether damage to property of the Village or of a third party,including loss of use thereof,which arises out of or is in any way connected or associated with the Agreement and the Work. ARTICLE IX—INSURANCE A. LIMITS OF INSURANCE—For the entire duration of this Agreement,Contractor shall maintain insurance against claims for injuries to persons or damages to property which may arise in connection with the performance of the Work as follows: 1. Commercial General Liability Insurance—The Contractor shall maintain commercial general liability insurance on an"occurrence basis"with limits of liability not less than$3,000,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage. Coverage shall include the followings: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Board Form General Liability Extensions or Equivalent; (E) Deletion of all Explosion,Collapse,and Underground(XCU)Exclusions;and(F)Per contract aggregate. All general liability coverage shall be provided on an occurrence policy form, claims-made general liability policies will not be accepted. 2. Motor Vehicle Liability Insurance—The Contractor shall maintain motor vehicle liability insurance with limits of liability of not less than$3,000,000 per accident combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. 3. Workers Compensation—The Contractor shall maintain workers compensation insurance as required by the Labor Code up to the statutory limits and employer's liability limits of$500,000 per accident. 3 Custodial Services VoBG-2019-21 ARTICLE IX—INSURANCE Cont. B. REQUIREMENTS FOR ALL INSURANCE—All insurance required under this Article IX shall be placed with an insurance carrier licensed and admitted to do business in the State of Illinois with an A.M. Best Ratings of at least A- and size of VII. Further, all insurance required under this Article IX shall name the Village of Buffalo Grove, its elected and appointed officials, agents, employees and volunteers as an additional insured and shall contain a Severability of Interests/Cross Liability clause stating that the Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. SELF INSURANCE DEDUCTIBLES - Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Village,its officials,agents,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation,claim administration and defense expenses. D. PRIMARY COVERAGE AND NO CONTRIBUTION—All insurance provided by the Contractor under this Article IX shall be primary insurance with respect to any other insurance or self-insurance afforded to the Village. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. This primary, non- contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13. E. INDEMNIFICATION AND KOTECKI CAP WAIVER—To the fullest extent permitted by law the Contractor shall indemnify, defend and hold the Village, and its elected and appointed officers, directors, members,employees, agents, and representatives, harmless from all claims and suits for damages arising from personal injuries, including death to persons or damage to property and from all expenses for defending such claim or suit,including court costs and reasonable attorney's fees,arising out of the acts,omission or negligence of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone whose acts they may be liable. The Contractor shall have no duty to indemnify the Village hereunder against claims arising as a result of the Village's sole negligence. To the maximum extent permitted by law, in claims against any person or entity indemnified under this section by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone whose acts they may be liable,the indemnification obligations under this section shall not be limited by a limitation on amount or type of damages,compensation or benefits payable by or for the Contractor or a subcontractor under any workers' compensation acts, disability benefit acts or other employee benefit acts. F. INSURANCE OF SUBCONTRACTORS — The Village reserves the right to require all major subcontractors, as determined by the Village in its sole discretion, to carry the same insurance outlined in this Article IX. All contracts with any subcontractor must include a provision that the subcontractor waive its Kotecki Cap limits. G. CANCELLATION CLAUSE WITHIN INSURANCE—All insurance required under this Article IX will provide that the Village receive at least thirty (30) calendar days notice prior to any modification, cancellation,suspension or expiration of the policy. 4 Custodial Services VoBG-2019-21 ARTICLE IX—INSURANCE 'cont. H. CERTIFICATES OF INSURANCE—Contractor shall furnish the Village with certificates of insurance naming the Buffalo Grove Park District and the Village of Buffalo Grove,its officials,agents, employees,and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are to be received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. I. RETENTION OF PAYMENTS — The Contractor and the Village agree that the Village may withhold payments due to the Contractor by virtue of this Agreement if, in the Village's sole discretion,such amounts are necessary to protect the Village from any loss from any claim,suit,loss, or judgment until such claim,suit,loss, or judgment has been settled or discharged to the satisfaction of the Village. ARTICLE X—CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois Department of Insurance for the bonding company and insurance company they are using. In lieu of a Certificate of Authority of Surety Certificate, the Contractor may provide certificate of good standing from the Illinois Department of Insurance's website. 5 Custodial Services VoBG-2019-21 ARTICLE XI—COPYRIGHTS AND LICENSES The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed, prepared by the Contractor and the Contractor's consultants in connection with the Work (collectively, the "Documents") or otherwise pursuant to this Agreement and all rights therein (including trademarks, trade names, rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village (regardless of whether the Village or the Contractor terminates this Agreement for any reason whatsoever). The Contractor hereby agrees that the Documents are or shall be deemed to be "Works for Hire"within the meaning of Section 101 of the Copyright Act,and the Contractor hereby assigns to the Village all right, title and interest therein. Notwithstanding, the Contractor shall indemnify and hold harmless the Village, its appointed and elected officials, employees, agents and volunteers from and against all claims, damages, losses, and expenses(including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the Documents and the Work. ARTICLE XII—NOTICE All notices,demands,requests,consents,approvals and other communications required or permitted to be given hereunder(a"Notice") shall be in writing and shall be deemed effective three(3) business days after mailing if mailed by certified mail with return receipt requested and immediately if served personally, and shall be addressed to the following: IF TO THE VILLAGE: Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 ATTN: Facility Manager nsmith@vbg.org Cc: brobinson@vbg.org Cc: pbrankin@schainbanks.com IF TO THE CONTRACTOR: Crystal Maintenance Services,Corp. 1699 Wall St. Suite 504 Mt Prospect,IL 60056 ATTN: Monika Talar service@crystalmsc.com ARTICLE XHI—CHANGE ORDERS If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to the Contractor and the change requested by the Village shall be effective upon receipt of the Notice by the Contractor. The Contractor may propose a change to the Work by delivering Notice of the proposed change along with a description of the changes full effect on the Work to the Village; provided, such requested change shall not be deemed accepted until the Village has delivered to the Contractor Notice of the same. Prior to approving a proposed change to the Work by the Contractor, the Village may request such additional documentation as it deems necessary to investigate the proposed change. The Contractor shall be responsible for informing all its employees and subcontractors of any changes to the Work,whether such change is requested by the Contractor or the Village. ARTICLE XIV—NOTICE OF STARTING WORK 6 Custodial Services VoBG-2019-21 The Contractor shall provide Notice to the Village prior to the Contractor, or its employees or subcontractors,starting the Work or any phase of the Work. ARTICLE XV—SEQUENCE OF THE WORK The Facility Manager shall have the power to direct the order and sequence of the Work. On any major portion of the Work, all accessories shall be set coincident with the main construction. Payment for major portions of the Work may be withheld until proper completion of accessories. ARTICLE XVI—SUPERVISION The Facility Manager shall have override power to superintend and direct the Work, and the Contractor shall perform all of the Work herein specified to the satisfaction, approval and acceptance of the Facility Manager.The Contractor shall have at all times a competent foreman or superintendent at the Work's site,who shall have full authority to act for the Contractor and to receive and execute orders from the Facility Manager, and any instructions given to such superintendant or person, executing work for the Contractor, shall be binding on the Contractor as though it was personally given to the Contractor. ARTICLE XVII—STANDARD OF WORK AND WORKERS The Contractor shall employ competent staff and shall discharge, at the request of the Facility Manager,any incompetent,unfaithful,abusive or disorderly workers in its employ. Where experts or skilled workers must be employed,only expert or skilled workers shall be employed. ARTICLE XVIII—CONDITIONS OF THE WORK SITE The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be permitted. The Contractor shall leave said Work's site(s)in the best possible condition to the complete satisfaction of the Facility Manager. No vehicles of any kind shall be placed, parked,or operated upon any grass areas at any time except as authorized by the Facility Manager or his authorized representative. Further,the Contractor shall exercise every precaution for the protection of all persons and all property. The safety provisions of all-applicable laws and ordinances shall be strictly observed.Any practice hazardous in the opinion of the Facility Manager or his authorized representatives shall be immediately discontinued by the Contractor upon his receipt of instructions from the Facility Manager or his authorized representative. To the maximum extent permitted by law,the Contractor shall be responsible for all safety-related matters. ARTICLE XIX—WARRANTY PERIOD All material and workmanship shall be warranted and guaranteed according to manufacturer's recommendation after inspection and approval by the Facility Manager or his designated representative. All work performed by the Contractor shall be warranted by the Contractor following completion and final acceptance of the Work for a period of twelve (12) months from the date of final, and not substantial, completion. ARTICLE XX—ACCIDENTS In the event of any accident of any kind that involves the general public or property of the Village or a third party,the Contractor shall immediately notify the Facility Manager by phone as well as provide Notice 7 Custodial Services VoBG-2019-21 of the same. The Notice shall include a full accounting of all details of the accident. The Contractor shall furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. ARTICLE XXI—NO ASSIGNMENT If the Contractor sublets or assigns any part of the Work then the Contractor shall not under any circumstances be relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor. Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. The Contractor shall not assign, transfer, convey,sell or otherwise dispose of the whole or any part of this Agreement to any person,firm or corporation without written consent of the Facility Manager or his authorized representative. ARTICLE XXII—DEFAULT The following shall constitute a default an"Event of Default"by the Contractor under this Agreement: A. If the Contractor shall fail to strictly observe or perform one or more of the terms,conditions, covenants and agreements of this Agreement; B. If there shall be placed on any property owned by the Village any mechanics',materialmens'or suppliers' lien; C. If there shall be instituted any proceeding against the Contractor seeking liquidation, dissolution or similar relief and the same shall not be dismissed within forty-five(45)calendar days; D. If there shall be appointed any trustee,receiver or liquidator of the Contractor and such appointment shall not have been vacated within forty-five(45)calendar days;and E. If the Contractor fails to maintain or obtain any and all permits, licenses and the like, if any, required by the Village,State or Federal governments for the Work. Upon any Event of Default the Village shall have the option of(i) terminating the Agreement; (ii)pursuing any remedy available to it at law or in equity; or (iii) pursuing both simultaneously. In addition, upon an Event of Default, the Village may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted all costs of hiring a replacement. ARTICLE XXIII—DELAYS The Contractor shall not be liable in damages for delays in performance when such delay is the result of fire,flood,strike,acts of God,or by any other circumstances which are beyond the control of the Contractor; provided, however,under such circumstances the Village may, at its option,cancel the Agreement. 8 Custodial Services VoBG-2019-21 ARTICLE XXIV—COMPLIANCE WITH LAWS The Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state,local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety &Health Act along with the standards and regulations promulgated pursuant thereto (including but not limited to those safety requirements involving work on elevated platforms),all forms of traffic regulations,public utility,Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Public Construction Bond Act, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act(and any of its titles),and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission, EEOC, and the Village of Buffalo Grove. Notwithstanding the following,the Contractor shall particularly note that: A. NO DISCRIMINATION — The Contractor shall comply with the provisions of the Illinois Public Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which,pursuant to Illinois law,are deemed to be part of this Agreement. B. FREEDOM OF INFORMATION-The Contractor agrees to furnish all documentation related to the Contract, the Work and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) calendar days after the Village issues Notice of such request to the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to attorney's and witness fees,filing fees and any other expenses)for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure to furnish all documentation related to a FOIA request within five(5)calendar days after Notice from the Village for the same. Furthermore,should the Contractor request that the Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith (such as attorneys' and witness fees, filing fees and any other expenses)to defend the denial of the request. This defense shall include,but not be limited to, any challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. C. ILLINOIS WORKERS ON PUBLIC WORKS ACT-To the extent applicable,the Contractor shall comply with the Illinois Workers on Public Works Act, 30 ILCS 570/1 et seq., and shall provide to the Village any supporting documentation necessary to show such compliance. D. NOT A BLOCKED PERSON - The Contractor affirms and covenants that neither the Contractor nor any individual employed by the Contractor for this Work or under this Agreement is a person forbidden from doing business with a unit of local government under Executive Order No. 13224 (Sept 23, 2001), 66 Fed.Reg. 49,079 (Sept 23, 2001) or is a person registered on the Specially Designated Nationals and Blocked Persons List. The Contractor shall indemnify the Village from all costs associated with failure to comply with this paragraph. E. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT - The Contractor knows, understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act (820 ILCS 265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with the requirements and provisions thereof. 9 Custodial Services VoBG-2019-21 ARTICLE XXV—NO WAIVER OF RIGHTS A waiver by the Village of any Event of Default or any term of provision of this Agreement shall not be a waiver of the same Event of Default,another Event of Default or any other term or provision of this Agreement. ARTICLE XXVI—CONTROLLING LAW AND VENUE This Agreement is entered into in the State of Illinois, for work to be performed in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute shall be resolved in the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such Circuit Court. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the Party causing the Agreement to be drafted. ARTICLE XXVII—MISCELLANEOUS A. AMENDMENT—This Agreement may be amended only in writing executed by both Parties. B. NO RECORDING—This Agreement, or a memorandum thereof, may not be recorded in any form by either Party. If either Party records this Agreement, or a memorandum thereof, they shall immediately file a release of the same. C. COUNTERPARTS — This Agreement may be executed by the Parties in any any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute an original instrument. D. SECTION HEADINGS—The headings in the Agreement are intended for convenience only and shall not be taken into consideration in any construction or interpretation of the Agreement. E. NO THIRD PARTY BENEFICIARIES—This Agreement does not confer any rights or benefits on any third party. F. BINDING EFFECT—This Agreement shall be binding and inure to the benefit of the Parties hereto, their respective legal representatives, heirs and successors-in-interest. G. ENTIRE AGREEMENT —This Agreement supersedes all prior agreements and understandings and constitutes the entire understanding between the Parties relating to the subject matter hereof. H. SEVERABILITY - If any term, condition or provision of the Agreement is adjudicated invalid or unenforceable, the remainder of the Agreement shall not be affected and shall remain in full force and effect,to the fullest extent permitted by law. I. TORT IMMUNITY DEFENSES - Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver of the rights,defenses,and immunities provided or available to the Village under the Local Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10 et seq. 10 Custodial Services VoBG-2019-21 IN WITNESS WHEREOF,the Parties hereto have caused the Agreement to be executed as of the Effective Date. Village of Buffalo Grove, Crystal Maintenance Services Cori). an Illinois home-rule unit of government JBY By: Name: Beverly us an Nam Monika Talar Title: Village P sident Title: General Manap-er 4 11 Custodial Services VoBG-2019-21 AGREEMENT EXHIBIT A Scope of Services Requested A.GENERAL INSTRUCTIONS OBJECTIVE: The Village seeks to provide for a safe and clean working environment for employees of the Village and residents conducting business at Village facilities. SCOPE OF WORK: Contractor will supply all labor, material, equipment and supplies (except paper products,trash liners, and hand soap to be supplied by the Village)to perform the daily,weekly, monthly, and Biannual cleaning of each facility as listed in Exhibit C.Work will be performed according to the schedule of assigned tasks developed by the Village for each facility. These schedules were designed to provide the same level and quality of service we had achieved with our in-house custodial program. All supplies to be stored in Village facilities must be accompanied with Safety Data Sheets. SCHEDULE: All Work will be performed between 10:00 P.M. and 7:00 A.M. unless otherwise specified or with written consent of the Village. Service at the Pace Bus Facility, Metra Train Station, Metra Warming Shelters, Village Hall,Youth Center, Public Service Center and Fire Administration will be performed (5)days per week, Monday through Friday. The Village will not require cleaning services on Holidays and dates observed by the Village for the following locations Pace Bus Facility, Metra Train Station, Metra Warming Shelters,Village Hall,Youth Center, Public Service Center and Fire Administration. The Village will provide all such dates on an annual basis. Service at the Police Headquarters, Buffalo Grove Golf Course and Arboretum Golf Clubhouse will be performed (7)days per week(365) days per year. Locker rooms at the Buffalo Grove Golf Course and Arboretum Golf Clubhouse shall only be serviced from March 1 to November 30 of each year. BUFFALO GROVE DAYS EVENT: Buffalo Grove Days is an annual festival. The Contractor shall be prepared to supply sufficient staffing to provide service listed in Exhibit C. No less than five (5) staff including one (1) supervisor shall be provided for the Friday evening of Buffalo Grove Days and no Less than five(5)staff including one(1)supervisor shall be provided for Saturday through Monday each day of the event.Custodial Staff shall check in and out with the event coordinator. 12 Custodial Services VoBG-2019-21 B.STAFFING SUPERVISOR Contractor will provide an on-site supervisor (Supervisor) at all times and report quality control inspections weekly to the Village.The Contractor will supply the Village with the name, office telephone number,cell phone number and email address and/or fax number of a contact person.The Contractor's Supervisor shall meet with the Village Facilities representative weekly and shall attend the facilities Monthly Meeting (held every month or as needed). The Supervisor shall be authorized to accept and act upon all directives issued by the Village. Failure of the Supervisor to act on said directives shall be sufficient cause for the Village to give notice that the Contractor is in default of the Contract unless such directives would create potential personal injury or safety hazards or such directives are contrary to the intent of these specifications.The Supervisor shall be responsible for the instruction,safety and training of Contractors personnel in the proper work methods and procedures. The Supervisor will schedule and coordinate all services and functions as required by the Contract and as specified in the task schedules (Exhibit C.). The Supervisor is required to check and verify Contract compliance (Quality Control) before work crews leave each facility. Award of the contract is contingent upon acceptable interview and approval by the Village of the proposed Supervisor. The Contractor shall not substitute the proposed Supervisor with other staff members once the Village has approved the proposed Supervisor without prior written approval from the Village of Buffalo Grove Facilities Manager. In the event the Contractor substitutes the proposed Supervisor or moves the Supervisor to another account within one year of the execution of the contract or any subsequent renewal term,the Contractor shall pay the Village damages equal to three (3)month of service costs. MONTHLY REVIEW The Village shall schedule and review contract performance with the Contractor typically on a monthly basis. The Contractor's Supervisor, Manager or President shall attend. Performance issues shall be submitted to the Contractor in writing or via e-mail for resolution within a time period approved by the Village. COMMUNICATION The Village will have authorized personnel monitor the contractual cleaning services. It is mandatory that Village personnel be able to communicate verbally, in writing and via e-mail with a Supervisor of the crew(s),and reasonable complaints and concerns be addressed within two (2) hours when brought to the Supervisor's attention. 13 Custodial Services VoBG-2019-21 PERSONNEL The Village requires background checks on all Contractor employees including its subcontractors. Prior to commencing work, the Contractor shall submit to the Facilities Manager or designee, the names, home addresses, date of birth, social security numbers, immigration documents (if applicable),and driver's license numbers of all employees to be engaged in work specified herein or having access to the buildings in an inspecting or supervisory capacity and the Contractor shall cause to be completed fingerprint charts and personal history statements of all employees. After initial checks are completed during the first month of the agreement,The Village reserves the right to charge the Contractor$75 for each background check, in excess of four, per month for the remainder of the contract. No employees at any time shall commence work until the above listed information has been submitted to and written clearance received from the Facilities Manager.The Contractor shall provide written authorization from prospective employees for the Village to perform the security clearances required. Employees of the Contractor shall be subject to the same standards of pre-employment examinations as regular full-time employees of the Village and shall be held to the same standards of conduct. The Contractor shall provide Photo ID's,and uniforms with company logo for each employee. No personnel will be able to perform work without first completing the aforementioned security process. (Option Day Porter) The Village of Buffalo Grove at its sole option may require the Contractor to supply a Day Porter, schedule is detailed below. The Village may not require the Contractor to supply a Day Porter at the onset of service, but reserves the right to add the service at a later date. Day Porters are expected to work without direct supervision. Duties of the Day Porter to be provided include, but are not limited to: shoveling sidewalks and spreading ice melt chemicals during snow events occurring during scheduled hours, moving furniture, cleaning, policing of the grounds, provide general assistance to Village maintenance staff. Proper Personal Protective Equipment(PPE)shall be worn by the Day Porter at all times, including but not limited to safety toe shoes and eye protection. Day Porters shall be physically fit, be capable of routinely lifting items in excess of twenty(20) pounds,fluent in both written and spoken conversational English (capable of passing a written test for competency),self-motivated and capable of working without direct supervision.The Village Day Porter will generally provide coverage from 8:00 am to 12:OOpm Monday through Thursday(excluding holidays). 14 Custodial Services VoBG-2019-21 C.MATERIALS AND EQUIPMENT In support of the Contract,the Village will supply the following at no cost to the Contractor for application at the Facilities subject to the Contract: Consumable products for use of building occupants: • Toilet tissue • Roll towels—household use • Roll towels—bathroom use • Toilet seat covers • Facial tissue • Liquid hand cleaner • Barsoap • Feminine napkins • Waste cans liners • Recycling bins liners • Toilet bowl sanitation blocks • Urinal blocks The Village is providing the consumable products noted above, it is the Contractor's responsibility to ensure quantities of supplies are sufficient and available at all times for use by the Village building occupants CONTRACTOR TO FURNISH The Contractor shall provide, at its expense and at no additional cost to the Village, equipment and janitorial supplies required to support the work tasks as specified, with the exception of those items being provided by the Village as itemized above. The janitorial supplies to be provided by the Contractor, and included in the price to maintain each facility,shall include but not be limited to: general detergent, furniture polish, stainless steel cleaner, disinfectants, carpet and rug cleaners, floor finishes,treatments and wax,window cleaner,scouring cleanser, pails, mops, brooms,vacuums,floor scrubbers and sponges.All equipment stored on the Village premises shall be clearly marked with the Contractors logo and company name. The Contractor shall make available to the Village samples of the janitorial supplies they propose to use to enable the Village to assess product quality. Environmentally preferable cleaning products shall be used wherever practicable. If for any reason the Village objects to the use of a given janitorial product, the Contractor shall discontinue use and find a substitute that is acceptable to the Village.Quality assessment shall be at the sole judgment of the Village, whose decision is final.All products supplied shall meet all applicable federal, state and local standards for product safety. Products and containers shall be properly labeled to meet all applicable standards and regulations regarding safety,toxicity and other standards. Material Safety Data Sheets(MSDS)shall be supplied as required for all affected products at all sites and the Contractor is responsible to keep all MSDS sheets current. 15 Custodial Services VoBG-2019-21 D.CLEANING STANDARDS AND WORKMANSHIP It is the intent of these specifications for the Contractor to provide a high level of service in custodial care and maintenance. The following statements indicate the general standards and workmanship to be furnished under the Contract. FLOOR and CARPETS A satisfactory and acceptable floor or carpet will not have dust,streaks, marks or dirt in corners, behind doors or under furniture. All paper clips, staples, etc.,shall be picked up. The use of vacuuming equipment and/or treated dust mops will be used to keep the floors clean. Waxed floors will show a "wet look"gloss and shall not be yellowed or show signs of a wax buildup. Carpets shall be cleaned on a regular basis by a Village approved method. Heavy use carpet areas will be cleaned more frequently to maintain a dirt free appearance. "Wet Floor"signs shall be placed in areas cleaned during any occupied facility. Stripping and waxing of the floors and shampooing of carpets and furniture, and window cleaning will be scheduled so as not to disturb or hinder daily activities. WET MOPPING Satisfactory and acceptable waxing and polishing will be accomplished through the use of thin coats of evenly layered wax. Floors will be bright and clean under furniture as well as in traveled areas.Wax or polish will not be allowed to dry on wall bases,furniture legs, equipment, etc. Wax shall not be applied over dirt or other loose material. GLASS All glass, mirror or vitreous surfaces will be free from streaks,smears and spots. DUSTING Satisfactory and acceptable dusting will present a surface free from all dust and other loose material. CLEANING A satisfactory and acceptable clean surface shall be completely free of all loose and adhering dirt or other foreign material down to the original finish of the surface.A clean surface will appear both physically and visually clean,free from streaks or other residue. REFINISH (Hard or resilient floor) A satisfactory and acceptable refinished floor will be completely stripped of all wax to the original surface of the floor, resealed with a Village approved product, recoated with a minimum of three (3)coats of an approved wax,each coat allowed to dry and buffed using an appropriate buffing machine. RESURFACE (Hard or resilient floor) A satisfactory and acceptable resurfaced floor will be machine scrubbed to remove all surface marks, dirt and blemishes, re-waxed and speed buffed to a "wet look"gloss. Ceramic tile shall not be machine scrubbed or waxed. 16 Custodial Services VoBG-2019-21 OFFICE SPACES (Desks) Empty garbage and recycling as noted in Exhibit C.Wipe desks clean only in areas where paperwork does not exist. KITCHEN and LUNCH ROOMS Satisfactory kitchen,coffee service areas and lunch room area cleaning shall be of"restaurant" quality.All fixtures, appliances, chrome and metal work and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt, grease and grime. Sinks shall be free from rings, stains and objectionable odors. Floor, walls, cabinets, tables, chairs and garbage receptacles shall be free from stains, dirt,grime, odors,grease and streaks.Appliances shall be cleaned and sanitized to remain free from objectionable odors. Ovens, microwaves, cook tops, and ranges shall be clean and free from "cooked on"food. Kitchens shall meet all applicable Village Health standards. VACUUMING A satisfactory and acceptable vacuumed surface will be free of all dust, dirt, and loose foreign material, including corners,crevices and other hard to reach areas. REST ROOMS A satisfactory and acceptable rest room cleaning shall be of"hospital' quality.All porcelain fixtures, chrome and metal work, and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt or grime. Bowls, urinals, and sinks shall be free from water stains, rings and biological stains. Floors, walls and partitions shall be clean and free from stains, dirt, grime or streaks. Fixtures shall be sanitized with a Village approved disinfectant. Rest rooms shall be free of objectionable odors. Signs shall be placed for any occupied building when facilities are out of service or any hazardous condition is present. HANDLING of WASTE The Contractor shall ensure that their personnel shall properly dispose of waste, and recyclable goods, in accordance with the directives of the Village and in receptacles provided by the Village. Recycling and Waste shall be kept separate and placed in appropriate containers. GENERAL The Contractor shall keep all janitor closets and material stocking areas clean, report any damage or irregularities observed during the course of duties,turn off lights when exiting facilities(as directed) and check that exterior doors are locked and securely latched when exiting facilities. 17 Custodial Services VoBG-2019-21 E.TASK SCHEDULES The described tasks indicate the estimated amount of work which has to be accomplished to maintain the facilities in an acceptable condition. It may become necessary to accomplish some of the tasks on a more or less frequent basis to achieve the results outlined above (Cleaning Standards and Workmanship).The tasks and frequencies as listed in Exhibit C.are generalized in nature and are not intended to be all inclusive.This Task Schedule shall not limit the responsibility of the Contractor to maintain each facility to the high level of cleanliness and service as more fully defined in the Cleaning Standards and Workmanship paragraph. WORK TASKS—WORK FLOW The Village of Buffalo Grove Public Works Department utilizes Cartegraph OMS for our work flow and asset/maintenance management system. All work will be assigned through Cartegraph OMS as Custodial Maintenance "Tasks". All maintenance is to be completed by the Contractor, and all information related to the work shall be identified and included as the Contractor completes the Cartegraph OMS Task. It is the responsibility of the Contractor to complete the Cartegraph OMS Task the same day that the work is completed. The Contractor shall be responsible to provide their supervisory staff with an i-Pad or mobile laptop computer to access, create and complete Cartegraph OMS Tasks. The Village of Buffalo Grove Public Works Department will provide the Contractor's staff with training on Cartegraph OMS and the expected work flow. H.DEFAULT PENALTY The contractor will have two (2) hours to resolve issues related to non-compliance with the Specifications from time of notification.A minimum of two hours charged at$75.00 per hour per employee will be deducted from the monthly invoice for non-compliance of contractual duties that are subsequently completed by Village staff. RECYCLING Materials placed in recycling receptacles in Village Facilities shall be keep separate from waste products placed in trash bins. Failure of the Contractor to keep these items and separate and dispose of each in the appropriate containers shall be cause for a penalty of$50 per offense. 18 Custodial Services VoBG-2019-21 F.FACILITIES Facility Name Area to be Cleaned (1)Arboretum Golf Club Total 20,000 square feet (2)Fire Administration Total 7,600 square feet (3)Buffalo Grove Golf Club Total 3,600 square feet (4)Pace Bus Facility Total 100 square feet (5)Metra Commuter Station Train Station 1,193 and(6)Warming Shelters West Warming Shelter 400 East Warming Shelter 205 Total 1,798 square feet (7)Public Service Center Upper Level 5,012 Main Level 3,651 Lower Level 3,008 Total 11,671 square feet (8)Village Hall Upper Level 11,316 Lower Level 8,880 Total 18,956 square feet (9)Youth Center/Chamber of Commerce 1,700 square feet (10)Police Headquarters Operations 20,392 Administration 8,252 Total 28,644 square feet Note: All square footage measurements are estimates and do not indicate exact measurements of each facility.Areas of facilities to be cleaned under the contract are shown in color in Exhibit B. G.CONTRACT TERM The Village will enter into a two(2)year contract with two (2) possible two (2)year extensions from the date of award. At the end of any contract term,The Village of Buffalo Grove reserves the right to extend this contract for a period of up to ninety(90)calendar days for the purpose of securing a new contract. TRIAL PERIOD In the event the successful Bidder has not in the past performed satisfactory custodial services for the Village, a purchase order will be issued for a trial period of up to three (3) months prior to the award of the contract in order for the Village of Buffalo Grove to evaluate their services. 19 Custodial Services H IIHI ---- HM 1111 H , •9o�J,a d� .. 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Oc Eva ..... ............. . ......... ......... ...... ..... ------------- VoBG-2019-21 AGREEMENT EXHIBIT B [Schedule of Prices] 20 Custodial Services VoBG-2019-21 SCHEDULE OF PRICES Custodial Services TO: THE VILLAGE OF BUFFALO GROVE FULL NAME OF CONTRACTOR: C1Z wL M-1 Aj 1EMINCE f ELViC f, COPF The undersigned,declares that it has carefully examined the Scope of Services,the Custodial Services RFP,and all other documents referred to or mentioned in the Agreement and it proposes and agrees,if this Proposal is accepted,that it will contract with the Village,in the farm of the Agreement attached,to complete the Work titled"Custodial Services",and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. Item Village of Buffalo Grove Extended Price No. Monthly Unit Price CustodiaC'Service Locations (12 months) �1 Arboretum Golf Club 401.... .... — ......... Half Day Rd. $ G60 . 00 $-Ism 00 - 2. ---Fire Administration 1051 Hi ... Highland Grove Dr. $�,�L. .00 $ 90 00 _.......3. Buffalo Grove Golf Club 48 Raupp Blvd. $ 3'5'0• .00 $�� Pace Bus Facility 801 Commerce Ct. $ t5-b .....0o $� 4. 00. 00 5. Metra Train Station 825 Commerce Ct. $ 2)15 .oo $ 6 Metra Warming Shelters 825 Commerce Ct. 2,5- .QQ co ... 7. Public Service Center 51 Raupp Blvd. $ ,-- $ +� 8. Village Hall 50 Raupp Blvd. $ f,—� 00 $ co Youth Center 50%:Raupp Blvd. $ $�, 00 10. Police Headquarters 46 Raupp Blvd. $ 2-1&5b. 00 $ 00 Optional Day Porter .�_....w_..................... .. .$ ._... �_� 11. ( 11 d Lo $ 15 15W, 00 Buffalo Grov.__.._.mm � 12. e Days Festival $ 6154 ".f�0 2020 Total .. $„'��........ .....__ THIS PAGE 15 TO BE SUBMITTED ON OR BEFORE Tuesday,October 8,2019 AT 10:00 AM SEPARATE AND APART FROM THE PROPOSAL PACKET IN A SEALED ENVELOPE,FAILURE TO DO SO MAY RESULT IN THE DISQUALIFICATION OF THE PROPOSAL. 6 VoBG-2019-21 AGREEMENT EXHIBIT C FORM OF PERFORMANCE and PAYMENT BONDS Bond Number: KNOW ALL MEN BY THESE PRESENTS,That (the"Principal")and _(the"Surety'),are held and firmly bound unto the Village of Buffalo Grove,an Illinois home-rule unit of government(the"Village"),the full and just sum of,_ Dollars ($ ) in lawful money of the UNITED STATES OF AMERICA as herein provided. THE CONDITION OF THIS OBLIGATION is such that the Principal and Surety agree to bind themselves, their successors, assigns, executors, heirs and administrators,jointly and severally, for the full and faithful performance of the Work as defined in that particular Custodial Services agreement between Principal and the Village dated _ day of , 20_,(hereinafter referred to as the"Agreement"), a copy of which is attached and incorporated by reference as though fully set forth herein. NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal (i)shall in all respects keep and perform all the undertakings, covenants, terms, conditions and agreements of the Agreement; (ii)shall pay all sums of money due or to become due,for any labor,materials,apparatus,fixtures or equipment furnished for the Work provided in said Agreement;and(iii)shall remove and replace any defects in workmanship or materials which may be apparent or may develop within the ARTICLE XIX—WARRANTY PERIOD of the Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Agreement or the Work thereunder shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF,we have hereunto set our hands and sea day of ,20_. SURETY PRINCIPAL By: By: Name: Name: Title: Title: ATTEST ATTEST By: By: NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the state where the Work is located. 21 Custodial Services