Resolution 2018-27 Resolution No. 2018-_�O
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS
APPROVING A JANITORIAL PROFESSIONAL SERVICES AGREEMENT WITH
ECO CLEAN MAINTENANCE,INC.
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, the City published a request for proposals for professional janitorial services for
City buildings; and,
WHEREAS, after a thorough review of said proposals received and a determination as to the
qualifications of the bidders, it has been determined that Eco Clean Maintenance, Inc. is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the Janitorial Professional Services Agreement, between the City and Eco Clean
Maintenance, Inc. attached hereto as Exhibit A and made a part hereof by reference, is hereby approved,
and the Mayor and City Clerk be and are hereby authorized to execute said agreement on behalf of the
United City of Yorkville.
Section 2: This Resolution shall be in full force and effect upon its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall Coun llinois this 27th
day of November, 2018. &&:-"
City Clerk
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER Y,
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS JASON PETERSON 1Y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th
day of November, 2018.
Mayor
Resolution No.2018-0
Page 1
UNITED CITY OF YORKVILLE
PROFESSIONAL SERVICES AGREEMENT
FOR JANITORIAL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (the "AGREEMENT") is made
and entered into on this 16th day of December, 2018, by and between the United City of
Yorkville (CITY) and Eco Clean Maintenance, Inc. (CONTRACTOR) for services set forth in
Exhibit A ("Services").
WITNESSETH that in consideration of the covenants herein,these parties agree as follows:
SECTION 1. BACKGROUND: The City is seeking a janitorial services company to perform
high quality professional Janitorial Services for its municipal facilities beginning on January 1,
2019. These facilities are: City Hall (800 Game Farm Road), Police Department (804 Game
Farm Road), Public Works Facility (610 Tower Lane), Parks and Recreation Office (301 W
Hydraulic Street), Van Emmon Activity Center (102 E. Van Emmon Street) and the Parks and
Recreation Maintenance Facility (185 Wolf Street). The nature of the service requested is
ongoing high-quality cleaning and maintenance of these facilities after and during normal
working hours to ensure that employees may work in a healthy environment, to maintain a
positive and professional appearance of staff and public areas and to preserve the quality and
conditions of the buildings.
The City is governed by a Mayor and eight elected Alderman. The appointed City Administrator
is responsible for day-to-day operations. Departments include Administration, Finance,
Community Development, Building Safety and Zoning, Public Works, Engineer, Police, and
Parks and Recreation. Budgeted expenditures are $ 33,261,032, including General Fund
expenditures of $ 15,952,180. Budgeted revenues are $ 30,567,188. Yorkville has 78.99 full-
time equivalent employees.
SECTION 2. NOTICES. All notices, notices, requests, claims, demands and other official
communications herein shall be in writing. Such notices shall be given (i) by delivery in person,
(ii) by a nationally recognized commercial courier service; or (iii) by United States Postal
Service, registered mail, postage prepaid and return receipt requested. Notices shall be effective
upon actual delivery to the other Party at the following addresses:
United City of Yorkville
Attn: Bart Olson, City Administrator
800 Game Farm Rd
Yorkville,IL 60560
(630) 553-4350
Eco Clean Maintenance, Inc.
Attn: Dylan Meyers
515 W. Wrightwood Avenue
Elmhurst, IL 60126
(877)463-2601
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SECTION 3. CONTRACT TERM. The term of this Agreement will begin on January 1, 2019
through December 31, 2019, with the option for a one (1) year renewal at the discretion of the
City. Both parties agree to follow the termination procedure outlined in Section 10.1.
SECTION 4. FEE SCHEDULE AND PAYMENTS. The City shall pay the CONTRACTOR
for the services performed or furnished, based upon the CONTRACTORS'S fees outlined in
Exhibit B.
The CONTRACTOR may submit invoices for payment at the address set forth above, together
with reasonable supporting documentation for services rendered, The CITY may require such
additional supporting documentation as they reasonably deem necessary or desirable. Payments
shall be due and owing by the CITY in accordance with the terms and provisions of the Local
Government Prompt Payment Act, Illinois Compiled Statutes, Ch. 50, Sec. 505, et. seq.;
SECTION 5. CONTRACTOR'S RESPONSIBILITY.• CONTRACTOR shall perform the
Services outlined in Exhibit A in accordance with the degree of professional skill, quality and
care ordinarily exercised by members of the same profession currently practicing in the same
location under comparable circumstances and as expeditiously as is consistent with professional
skill and the orderly progress of the Project.All CONTRACTOR'S personnel are certified and/or
licensed to provide the services that they are assigned to.
CONTRACTOR will endeavor in good faith, as needed, to obtain from the Director of
Community Development or their designee their interpretation of applicable codes and standards
and will apply its professional judgment in interpreting the codes and standards as they apply to
the Project at the time of performance of the Services. Notwithstanding the above, the Parties
agree that if such codes or standards change during the Contract Term, CONTRACTOR will be
responsible for staying up to date with industry changes and current code. If additional costs are
necessary to conform to such changes or interpretations during or after execution of the Services,
CONTRACTOR will seek to amend this contract prior to completing additional work.
SECTION 6. CONFIDENTIALITY. CONTRACTOR agrees that it and its employees
assigned to the CITY will not disclose any information learned during the performance of this
Agreement relating to the business of the CITY that is, in fact, confidential including, without
limitation, all proprietary information and trade secrets of the CITY for any purpose, provided,
however, CONTRACTOR and its employees may disclose such information under any of the
following circumstances: (1) disclosure thereof in good faith by a Consultant in connection with
the performance of Services or activities pursuant to any valid Work Order; (2) disclosure which
Consultant is advised by counsel is required by a court or other governmental agency or
competent jurisdiction, provided that Consultant first gives the CITY written notice and an
opportunity to prevent such disclosure or otherwise seek protection of such information, or (3)
disclosure by Consultant of any such information or data which is generally known within the
industry or available from other persons who do not have a fiduciary duty or obligation of
confidentiality to the CITY.
Notwithstanding any other provision of this Agreement, the CITY acknowledges that
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CONTRACTOR and its employees are active, experienced and knowledgeable about the
industry in which the CITY operate, and it is impossible for CONTRACTOR and its employees
to learn information relating to the business of the CITY, or acquire ideas, know-how or
technical knowledge during the Term arising out of any customized applications developed by
CONTRACTOR for the CITY's specific use ("Application Development"), and not have it
affect their understanding of the industry in which the CITY, its competitors and customers
operate, and that such understanding may affect what CONTRACTOR and its employees do in
the future within the industry, and the CITY does not expect nor request that CONTRACTOR
and its employees forget what they have learned from the CITY which may be confidential.
CONTRACTOR and its employees' promises of nondisclosure of the information is limited to
direct express disclosure, whether written or verbal, of information which is confidential, in fact,
to third parties.
The parties acknowledge that the CITY is a unit of local government and that this Agreement
must be approved by the CITY Council in a public meeting. The parties also agree that this
Agreement is subject to the Illinois Freedom of Information Act and will be produced in
response to a lawful request.
SECTION 7. INDEPENDENT CONTRACTORS There is no employee/employer relationship
between the Contractor and the CITY. Contractor is an independent contractor and not the
CITY's employee for all purposes, including, but not limited to, the application of the Fair
Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation
Act (820 ILCS 305/1, et seq.). The CITY will not (i) provide any form of insurance coverage,
including but not limited to health, worker's compensation, professional liability insurance, or
other employee benefits, or (ii) deduct any taxes or related items from the monies paid to
Contractor. The performance of the services described herein shall not be construed as creating
any joint employment relationship between the Contractor and the CITY, and the CITY is not
and will not be liable for any obligations incurred by the Contractor, including but not limited to
unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship
or partnership between the CITY and the Contractor.
SECTION 8. APPROVAL AND USE OF SUBCONTRACTORS: The Contractor shall
perform the Services with its own personnel and under the management, supervision, and control
of its own organization unless otherwise approved by the CITY in writing. All subcontractors
and subcontracts used by the Contractor shall be included on the attached disclosure and be
acceptable to and approved in advance by the CITY. The CITY's approval of any subcontractor
or subcontract shall not relieve the Contractor of full responsibility and liability for the provision,
performance, and completion of the Work in full compliance with, and as required by or pursuant
to,this Contract. If the Contractor chooses to use subcontractors to perform any of the Work, the
Work performed under any subcontract shall be subject to all of the provisions of this Contract in
the same manner as if performed by employees of the Contractor. Every reference in this
Contract to "Contractor" shall be deemed to also apply to all subcontractors of the Contractor.
Every subcontract entered into by the Contractor to provide the Work or any part thereof shall
include a provision binding the subcontractor to all provisions of this Contract.
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If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a
manner satisfactory to the CITY, the Contractor shall immediately upon notice from the CITY
remove and replace such personnel or subcontractor. The CITY shall have no claim for
damages, for compensation in excess of the contract price, or for a delay or extension of the
contract time as a result of any such removal or replacement.
SECTION 9. EXEMPT
SECTION 10. INSURANCE REOUIREMENTS: Contractor shall procure and maintain, for the
duration of the contract, insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Contractor,his agents, representatives, employees, or subcontractors.
10.1. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with
the City named as additional insured; on a form at least as broad as the endorsement in
paragraph 10 including ISO Additional Insured Endorsement CG 2026, CG 2010.
B. Owners and Contractors Protective Liability (OCP) policy is required with the City as
insured(for contracts with subcontractors and projects that are inherently dangerous).
C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001,
Symbol 01 "Any Auto."
D. Workers' Compensation as required by the Worker's Compensation Act of the State of
Illinois and Employers'Liability insurance.
E. Builder Risk Property Coverage with City as loss payee.
10.2. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than if
required under above scope:
A. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage. The general aggregate shall be
twice the required occurrence limit. Minimum General Aggregate shall be no less than
$2,000,000 or a project/contract specific aggregate of$1,000,000.
B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit
per occurrence for bodily injury and property damage.
C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage
with statutory limits and Employers'Liability limits of$1,000,000 per accident.
E. Builder's Risk shall insure against "All Risk" of physical damage, including water
damage (flood and hydrostatic pressure not excluded), on a completed value, replacement
cost basis. (Protection against loss of materials during construction, renovation, or repair
of a structure.)
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F. Umbrella Excess Insurance: $3,000,000. "Following form" of the underlying and excess
policies including listing the City as an additional insured.
10.3. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, 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.
10.4. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain,the following provisions:
A. General Liability and Automobile Liability Coverages
1. The City, its officials, agents, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of the Contractor's work,
including activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, leased, or used by the
Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials,agents, employees, and volunteers.
2. The Contractor's insurance coverage shall be primary as respects the City, its
officials, agents, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officials, agents, employees, and volunteers shall be excess
of Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, agents, employees,and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability
clause or language stating that Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
5. If any commercial general liability insurance is being provided under an excess or
umbrella liability policy that does not "follow form," then the Contractor shall be
required to name the City, its officials, agents, employees, and volunteers as
additional insureds.
6. All general liability coverages shall be provided on an occurrence policy form.
Claims-made general liability policies will not be accepted.
B. All Coverages
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, cancelled, reduced in coverage, or in limits except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given to the City.
10.5. ACCEPTABILITY OF INSURERS
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Insurance is to be placed with insurers with a Best's rating of no less than A-, VII, and
licensed to do business in the State of Illinois.
10.6. VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates of insurance naming the City, its officials,
agents, employees, and volunteers as additional insureds, and with original endorsements
affecting coverage required by this clause. 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 City
before any work commences. Other additional insured endorsements may be utilized, if they
provide a scope of coverage at least as broad as the coverage stated in paragraph 10, such as
ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to
request full certified copies of the insurance policies and endorsements.
10.7. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
10.8. ASSUMPTION OF LIABILITY
The contractor assumes liability for all injury to or death of any person or persons including
employees of the contractor, any subcontractor, any supplier, or any other person and
assumes liability for all damage to property sustained by any person or persons occasioned
by or in any way arising out of any work performed pursuant to this agreement.
10.9. INDEMNITY/HOLD HARMLESS PROVISION
To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify,
and hold harmless the City, its officials, agents, and employees, against all injuries, deaths,
loss, damages, claims, patent claims, suits, liabilities,judgments, cost, and expenses, which
may in anywise accrue against the City, its officials, agents, and employees, arising in whole
or in part or in consequence of the performance of this work by the Contractor, its
employees, or subcontractors, or which may anywise result therefore, except that arising out
of the sole legal cause of the City, its agents, or employees, the Contractor shall, at its own
expense, appear, defend, and pay all charges of attorneys and all costs and other expenses
arising therefore or incurred in connections therewith, and, if any judgment shall be rendered
against the City, its officials, agents, and employees, in any such action, the Contractor shall,
at its own expense, satisfy and discharge the same.
Contractor expressly understands and agrees that any performance bond or insurance policies
required by this contract, or otherwise provided by the Contractor, shall in no way limit the
responsibility to indemnify, keep, and save harmless and defend the City, its officials, agents,
and employees as herein provided.
10.10. ADDITIONAL INSURED ENDORSEMENT
The "WHO IS AN INSURED" section of the policy/coverage document shall be amended to
include as an insured, the City, but only with respect to liability arising out of your work.
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For purpose of this endorsement, "arising out of your work" shall mean: (1) Liability the
Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability
the Additional Insured may incur for negligence in the supervision of the Named Insured
Contractors work, (3) Liability the Additional Insured may incur for failure to maintain safe
worksite conditions, and (4) Liability the Additional Insured may incur due to joint
negligence of the Named Insured Contractor and the Additional Insured.
10.11. FORCE MAJEURE
Whenever a period of time is provided for in this Agreement for the Contractor or the CITY to
do or perform any act or obligation, neither party shall be liable for any delays or inability to
perform if such delay is due to a cause beyond its control and without its fault or negligence
including, without limitation: a) Acts of nature; b) Acts or failure to act on the part of any
governmental authority other than the CITY or Contractor, including, but not limited to,
enactment of laws, rules, regulations, codes or ordinances subsequent to the date of this
Agreement; c) Acts or war; d) Acts of civil or military authority; e) Embargoes; f) Work
stoppages, strikes, lockouts, or labor disputes; g) Public disorders, civil violence, or
disobedience; h) Riots, blockades, sabotage, insurrection, or rebellion; i) Epidemics or
pandemics;j) Terrorist acts; k) Fires or explosions; 1)Nuclear accidents; m) Earthquakes, floods,
hurricanes, tornadoes, or other similar calamities; n) Major environmental disturbances; or o)
Vandalism. If a delay is caused by any of the force majeure circumstances set forth above, the
time period shall be extended for only the actual amount of time said party is so delayed. Further,
either party claiming a delay due to an event of force majeure shall give the other party written
notice of such event within three (3) business days of its occurrence or it shall be deemed to be
waived.
10.12. ASSIGNMENT:
Neither the CITY nor the Contractor shall assign or transfer any rights or obligations under this
Agreement without the prior written consent of the other party.
10.13 Time is of the essence with respect to each provision hereof in which time is a factor
10.14 CONTRACTOR'S or CITY's waiver of any term, condition, or covenant or breach of any
term, condition, or covenant, shall not constitute a waiver of any other term, condition, or
covenant, or the breach thereof.
10.15 SUCCESSORS AND ASSIGNS:
All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding
upon the parties hereto, and their respective successors and assigns, provided, however, that no
assignment of this Agreement shall be made without written consent of the parties to this
Agreement.
10.16 GOVERNING LAW AND JURISDICTION:
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The CONTRACTOR and the CITY agree that this Agreement and any legal actions concerning
its validity, interpretation and performance shall be governed by the laws of the State of Illinois
without regard to any conflict of laws provisions, which may apply the laws of other
jurisdictions. It is further agreed that any legal action between the CONTRACTOR and the
CITY arising out of this Agreement or the performance of the services shall be brought in a court
of Kendall County in the State of Illinois.
10.17 ATTORNEY'S FEES:
If litigation arises pursuant to this Agreement, the Court in such litigation shall award reasonable
costs and expenses, including attorney fees,to the prevailing party. In awarding attorney fees,the
Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the
full amount of costs, expenses, and reasonable attorney fees paid or incurred in good faith.
10.18 ADDITIONAL ITEMS:
The CITY and Contractor further agree that
A. If the Prevailing Wage Act Applies:
Wage Rate Requirements:
(1) The Contract shall be based upon payment by Contractor and his
Subcontractor of wage rates not less than the prevailing hourly wage rate for
each classification of worker engaged on the work as determined by the State
of Illinois,Department of Labor.
(2) A copy of the wage determination shall be posted by the Contractor in a
conspicuous place at the site of the work where it can be easily seen by the
workers.
(3) The Contractor shall maintain certified time sheets and submit to the CITY
with final invoice.
(4) The Contractor will be required to sign a Wage Rate Requirement
Certification.
B. Prevailing Wage
Some or all of the work herein may be subject to the provisions of Prevailing
Wage Act, 820 ILCS 130/0.01 et.seq., providing for the payment of prevailing
rate wages to all laborers, workmen and mechanics engaged on work. The
Contractor agrees that,prior to making any payments to its own laborers,workers,
or mechanics or to any subcontractor it will determine whether it must legally pay
wages in accordance with the Prevailing Wage Act, and if so legally required,pay
the then-current prevailing rate of wage as determined by the Illinois Department
of Labor and posted at: http//www.state.il.us/agency/idol/.
The CITY may at any time inquire of the Contractor as to rates of wages being
paid employees of the Contractor, and any subcontractor or material men,
whereupon such information shall be promptly provided by the Contractor. The
Contractor shall indemnify the CITY for any and all violations of the prevailing
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wage laws and any rules and regulations now and hereafter issued pursuant to said
laws.
The Contractor shall insert into each subcontract and into the project
specifications for each subcontract a written stipulation requiring all laborers,
workers and mechanics performing work under the contract to comply with the
Prevailing Wage Act and to require each subcontractor to insert into each lower-
tiered contract and into the project specification for each lower tiered subcontract
a similar stipulation.
C. Sexual Harassment: During the entire term of the contract, Contractor shall
have in full force and effect a written Sexual Harassment Policy, which complies
with the Illinois Human Rights Act (775- ILCS 511-101 et.seq.) including at least
the following: 1) a statement on the illegality of sexual harassment; 2) the
definition of sexual harassment under Illinois Law; 3) a description of sexual
harassment, utilizing examples; 4) an internal complaint process, including
penalties; 5) the legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights ("Department") and the Illinois
Human Rights Commission ("Commission"); 6) directions on how to contact the
Department and the Commission; and 7)protection against retaliation as provided
by Section 6-101 of the Act.
D. Drug Free Workplace: In compliance with Illinois law, The Contractor certifies
and agrees that it will provide a drug free workplace by:
1. Publishing a Statement:
2) Notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance, including cannabis, is prohibited
in the Contractor's workplace.
3) Specifying the actions that will be taken against employees for violations of
such prohibition.
4) Notifying the employee that, as a condition of employment on such Contract,
the employee will:
5) Abide by the terms of the statement; and
6) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five(5)days after such conviction.
7) Establishing a drug free awareness program to inform employees about:
8) The dangers of drug abuse in the workplace;
9) The Contractor's policy for maintaining a drug free workplace;
10)Available counseling,rehabilitation,or assistance programs; and
11)Penalties imposed for drug violations.
12)Providing a copy of the Statement required by subsection (a) to each
employee engaged in the performance of the Contract and to post the
Statement in a prominent place in the workplace.
13)Notifying the contracting agency within ten (10) days after receiving notice of
any violations as listed above.
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14)Imposing a sanction on or requiring the satisfactory participation in a drug
abuse assistance or rehabilitation program, by any employee who is so
convicted, as required by Section 5 of the Drug Free Workplace Act.
15)Assisting employees in selecting a course of action in the event drug
counseling, treatment, and rehabilitation are required and indicating that a
trained referral team is in place.
16)Making a good faith effort to continue to maintain a drug free workplace
through implementation of the Drug Free Workplace Act.
17)The Contractor will be required to sign a Drug Free Workplace Certification.
E. Substance Abuse Prevention on Public Works Projects: Before a contractor or
subcontractor commences work on a public works project as defined in 820 ILCS
130/2,the contractor or subcontractor shall have in place a written program which
meets or exceeds the program requirements in the Substance Abuse Prevention on
Public Works Projects Act, to be filed with the public body engaged in the
construction of the public works and made available to the general public, for the
prevention of substance abuse among its employees. The testing must be
performed by a laboratory that is certified for Federal Workplace Drug Testing
Programs by the Substance Abuse and Mental Health Service Administration of
the U.S. Department of Health and Human Services. At a minimum, the program
shall include all of the following:
1) A minimum requirement of a 9-panel urine drug test plus a test for alcohol.
Testing an employee's blood may only be used for post-accident testing,
however, blood testing is not mandatory for the employer where a urine test is
sufficient.
2) A prohibition against the actions or conditions specified in 820 ILCS 265/10.
3) A requirement that employees performing the work on a public works project
submit to pre-hire, random, reasonable suspicion, and post-accident drug and
alcohol testing. Testing of an employee before commencing work on a public
works project is not required if the employee has been participating in a
random testing program during the 90 days preceding the date on which the
employee commenced work on the public works project.
4) A procedure for notifying an employee who violates 820 ILCS 265/10, who
tests positive for the presence of a drug in his or her system, or who refuses to
submit to drug or alcohol testing as required under the program that the
employee may not perform work on a public works project until the employee
meets the conditions specified in subdivisions (2)(A) and (2)(B) of 820 ILCS
265/20.
10.19 Any provision or part thereof of this Agreement held to be void or unenforceable under
any law shall be deemed stricken and all remaining provisions shall continue to be valid and
binding upon the parties. The parties agree that this Agreement shall be refined to replace such
stricken provision or part thereof with a valid and enforceable provision which comes as close as
possible to expressing the intention of the stricken provision.
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10.20 This Agreement contains and embodies the entire and integrated agreement between
parties hereto and supersedes all prior negotiations,representations,or agreements, either written
or oral.
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IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their
duly authorized agents,this contract in DUPLICATE, each of which shall be deemed original, on
the day and year first
United City of Yorkville Administrator Date
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EXHIBIT A
Services and Materials to be Provided
The Contractor agrees to furnish the labor,equipment, cleaning supplies, incidental items, and
supervision necessary to provide high quality janitorial services at all municipal buildings. The City, at
its own expense, will provide paper towels,toilet paper and hand soap. Contractor shall assist City staff
in monitoring these supply quantities and will notify City staff of shortages.
Work shall be completed during the following times:
1. City Hall
a. Modest cleaning(trash removal, spot cleaning, etc...)can be done during
business hours(8:00 a.m.—4:30 p.m.).
b. ALL intense cleaning(dusting,vacuuming,bathrooms, etc...) should be done
outside of normal business hours.
c. NO cleaning should occur upstairs in City Hall between 5:30 p.m. and 10:00 p.m.
on nights when there are Council or Committee Meetings. A meeting schedule
will be forwarded onto the Contractor.
2. Police Department
a. 8:00 a.m.to 4:30 p.m.
3. Public Works Facility
a. 7:00 a.m.to 3:00 p.m.
4. Parks and Recreation Offices
a. All cleaning completed before 8:30 a.m. or after 3:30 p.m.
5. Parks and Recreation Maintenance Building
a. All cleaning completed before 7:00 a.m. or after 3:30 p.m.
6. Van Emmon Activity Center
a. All cleaning completed before 3:30 pm or after 8:00 p.m.
7. Beecher Concession Stand
a. 7:00 a.m.to 3:00 p.m.
8. Bridge Concession Stand
a. 7:00 a.m.to 3:00 p.m.
Work shall be completed on the following days:
1. City Hall
a. shall be maintained four(4)days per week, Monday, Tuesday,Friday and either
Wednesday or Thursday
2. Police Department
a. shall be maintained five (5)days per week,Monday, Tuesday, Wednesday,
Thursday, and Friday
3. Public Works Department
a. shall be maintained two(2)days per week, Wednesday and Friday
4. Parks and Recreation Offices
a. shall be maintained three (3)days per week, Monday, Wednesday and Friday
5. Parks and Recreation Maintenance Building
a. shall be maintained two (2)days per week, Wednesday and Friday
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6. Van Emmon Activity Center
a. shall be maintained two (2)days per week, Tuesday and Friday afternoons.
7. Concession Stands
a. shall be maintained two (2)days per week,Monday and Friday,April through
October
Upon award of contract, a regular, fixed schedule will be submitted by the contractor for City
approval. Contractor must be on-site performing the specified janitorial services during the
approved schedule periods. The schedule cannot change without City consent.
Additional approval must be given by Police Personnel to enter certain areas of the Police
Facility(evidence areas, some offices, etc.). Contractor staff may not enter those areas until
approval is given and access provided by Police. The Chief of Police, or his designee, shall work
with the contractor to arrange for such approval so contractor staff may complete the work as
required.
Task List and Frequency
Daily Cleanine
1. Empty all trash receptacles, including entrance containers. Sanitize and reline.
2. Empty pre-separated recycle materials (paper, cans, etc) into on-site recycling collection
bins (provided by the City). Do not mix or dispose of recycling materials with regular
trash. Clean individual recycling receptacles, sanitize, and reline.
3. Spot clean all entrance glass, service counter glass and doors to remove finger prints and
smudges.
4. Spot clean lobby furniture and straighten reading materials and pamphlets.
5. Vacuum traffic lanes of all carpeted areas, runners, floor mats and elevator floor.
6. Dust mop and spot mop hard surface floors.
7. Clean and sanitize drinking fountains.
8. Clean conference room tables and chairs.
9. Clean locker room
10. Clean and disinfect showers.
11. Restroom Cleaning
a. Empty all trash and sanitary receptacles. Sanitize and reline.
b. Re-stock all towels,tissue, sanitary products, and hand soaps.
c. Dust all partitions, mirror frames and product dispensers
d. Sanitize areas around soap and towel dispensers, basins,toilets and urinals.
e. Thoroughly clean and sanitize all fixtures,toilets, urinals, sinks, shower stalls, and
associated fixtures.
f. Clean all mirrors and glass.
g. Dust mop, sanitize, and damp mop hard surface floors.
h. Damp wipe and spot clean doors and frames(front and back). Sanitize door
handles and push plates.
12. Kitchen/Break Areas
a. Empty all trash and sanitary receptacles. Sanitize and reline.
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b. Wash and disinfect countertops,tables, chairs, sinks, interior and exterior of
microwave, exterior of refrigerators,and other appliances.
c. Refill all soap and towel dispensers.
d. Dust mop, sanitize and damp mop hard surface floors.
Weekly Cleaning
1. Complete detailed vacuum of all carpeted floors.
2. Dust mop, sanitize and damp mop all hard surface and synthetic/rubber tile floors.
3. Complete dust all horizontal surfaces including desktops, counters, cabinets, book cases,
chairs, tables, window sills, ledges, computer screens and PCU's, telephones, keyboards.
Contractor shall dust only cleared areas and shall not move to rearrange items on
desktops.
4. Sanitize telephones.
5. Sanitize light switch plates and door frames to remove finger prints and smudges.
6. Complete glass cleaning of all display cases.
Monthly Cleaning
1. High dust all areas not reached during nightly and weekly dusting. Height limitation of
no greater than 12 feet above floor level or adjacent stair.
2. Dust blinds.
3. Dust wall hangings.
General Items
1. Contractor personnel will notify or contact staff of any irregularities such as defective
plumbing,unlocked doors, burned out light bulbs, and lights left on.
2. Contractor personnel will turn off all lights except those to be left on, close windows, and
secure building.
3. Contractor staff shall not use City facilities such as break rooms, food preparation
equipment, etc. for personal use while performing this contract. Work breaks, meals and
other rest periods shall be taken off premises. This does not apply to restroom facilities
which may be used by contractor staff for the intended use.
Scheduled Holidays Buildings Will Be Closed
Select City Buildings will be closed on the following days each year: New Year's Day, Martin
Luther King, Jr.'s Birthday, President's Day, Good Friday, Memorial Day, July 4, Labor Day,
Thanksgiving Day, the Friday after Thanksgiving, Veteran's Day, Christmas Eve and Christmas
Day.
Janitorial service will not be required on these days at the City Hall, Public Works and Parks and
Recreation Facilities and pricing should reflect this. The contractor may propose an alternative
schedule for Holiday weeks. Upon submittal,the City shall consider the request and instruct the
Contractor on how to proceed.
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EXHIBIT B
Insert Pricing Sheet
131 Page
PROPOSAL
Note: The Person submitting the proposal must complete all portions of this Proposal
The undersigned, having examined the specifications, and all conditions affecting the specified
project, offer to furnish all services,labor and incidentals specified for the price below.
It is understood that the City reserves the right to reject any and all proposals and to waive any
irregularities and that the prices contained herein will remain valid for a period of not less than
ninety(90)days.
I(We)propose to complete the following project as more fully described in the specifications for
the following: {'
Bidding Company Name: C.C.6 CI PA(A MaAQ �Mo'o Inc-
Year 1:
Location Monthly Price Annual Total Price
City Hall/Police Department 2 Q i D 2`I I 12()
Beecher Concession Stand 5q y 13
Public Works Facility )(t5 $ ?-.34
Parks and Recreation Office q 5 2,3 W D
Parks and Recreation Maintenance Building 13 1 , 62,0
Van Emmon Activity Center 330i qba
Steven Bridge Concession Stand I>
/hIA
Signed
Print ame
Title
co C_1 Qe,r I �n-wan eP ��-r1C
Company Name
Io/2A /I
Date
20
PROPOSAL
Note: The Person submitting the proposal must complete all portions of this Proposal
The undersigned, having examined the specifications, and all conditions affecting the specified
project,offer to furnish all services,labor and incidentals specified for the price below.
It is understood that the City reserves the right to reject any and all proposals and to waive any
irregularities and that the prices contained herein will remain valid for a period of not less than
ninety(90) days.
I(We)propose to complete the following project as more fully described in the specifications for
the following: f ,,a,�
Bidding Company Name: T-Cd C l earn mc'Irl t an ce rlilt,
Year 1 (City_Option):
Location Monthly Price Annual Total Price
City Hall/Police Department 'L, Ui O 1L , t20
Beecher Concession Stand 50, q 13
Public Works Facility I q 5 ?- ,340
Parks and Recreation Office (q 5 Z 34 D
Parks and Recreation Maintenance Building 13S 1 vz o
Van Emmon Activity Center X317 $ 3 0i(6D
Steven Bridge Concession Stand %-{20
B�vtII �
9
Signed
e
Print 94ame
S o.IP-S r-e L-cL-b t/e
Title
E CO okra mcLLAI man Ce Tnc .
Company Name
Date T—T
21