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R-1110 - 07/12/2011 - AGREEMENT - Resolutions Supporting Documents..dd %may AGENDA ITEM Regular Board of Trustees Meeting of July 12, 2011 ITEM 6.17.2) SUBJECT: Award of Contract — Janitorial Services FROM: Rania Serences, Purchasing Clerk Blaine Wing, Assistant Village Manager BUDGET SOURCE/BUDGET IMPACT: General Corporate Fund ($31,715 in 321- 71400, $3,675 in 360 -71400 and $21,510 in 511- 71400) Sports Core Fund ($600 in 811 -71400 $10,000 in 821 -71400 and $7,200 in 831- 71400). RECOMMENDED MOTION: I move that the Village Board award a three (3) year contract to the proposer with the best overall value, Perfect Cleaning, Chicago, Illinois, subject to staff review and final attorney corrections in the amount of $297,195 (which is $99,065 for 2011/2012, $99,065 for 2012/2013, and $99,065 for 2013/2014. Additionally, the Village Board adopts Resolution 2011 -AG- EXI -R -1110, approving and authoring the execution of janitorial services Agreement by and between the Village of Oak Brook and Perfect Cleaning Service Corporation. Background/History: A Request for Proposals (RFP) was published and placed on the Village's website on May 18, 2011 and seven proposals were received by the deadline on Wednesday, June 1, 2011. A Committee that included Blaine Wing, Assistant Village Manager; Darren Martins, Public Works Building Maintenance Technician; Sue Madorin, Library Director; Trey Van Dyke, Sports Core Director; and Rania Serences, Purchasing Clerk was formed to review the submitted proposals, conduct interviews, and recommend a company that best meets the Village's janitorial needs within a financially valued package. Of the seven (7) proposals, four (4) vendors were selected to be interviewed because their proposals showed that they had a good understanding of the Village's objectives for all of the Village's buildings, their proposed cost for their services, and they filled out the proposal forms correctly. In no particular order, those vendors included: Absolute Best, Crystal Maintenance (previous vendor), Perfect Cleaning and Alpha Services. The current vendor, Nationwide Janitorial, was not interviewed due to the number of issues that occurred during the contract. During the interviews, several things became clear to the committee including: 1. Some vendors sub - contract their services, while others do not. 2. Some vendors already own professional/industrial cleaning/disinfecting/sanitizing equipment, while others were proposing to purchase the necessary equipment if they were awarded the Village's Janitorial Services contract_ 3. All vendors have different levels of supervision of their daily cleaning crews, which varied from nightly check -ins to only weekly spot checks. 4. Finally, all of the vendors proposed hours that varied greatly and were not reflective of the known time needed to complete the requested tasks. Following the interviews, staff narrowed the vendors to two (2) finalists. These companies were selected because they were able to articulate how their employees would perform various tasks, the type and frequency of supervision, what type of equipment and cleaning supplies would be used (hospital -grade multipurpose disinfectants which are better suited for public bathroom/locker rooms vs. the current all purpose cleaners), and their cost to get the various jobs done well. After reviewing the average hours that each vendor proposed to complete cleaning in each area (Butler Government Center, Public Works, Library, Bath and Tennis Clubhouse, and the Golf Club), the Committee compared the average to the vendors proposed hours, as well as an estimate of the time cleaning these areas took prior to the Village outsourcing. Staff then came up with an adjusted amount of time for each area, which in some cases cause the time to either increase or decrease. The two (2) finalists were then contacted and asked to review the Village's estimated time for each area and to update their proposal, if appropriate. (See attached adjusted tabulation.) After reviewing the adjusted hours and costs, staff perform the appropriate reference checks on Perfect Cleaning. As of Friday, the Purchasing Division has received adequate references as to the quality of work provided by Perfect Cleaning and all report a good and responsive working relationship. However, as with other contracts of this type, the Village specifications and agreement allows the Village to cancel the contract if the quality of work fails to meet our expectations. Costs for Quality Cleaning, Disease Control and Prevention: Over the past three (3) years the Village has made numerous reductions, modifications and eliminations. The maintenance of the Village's buildings and their daily cleaning was included in those reductions and eliminations, which have affected both the Village's employees as well as the public who use the B &T Clubhouse, Golf Club, Library, and Village Hall. And after reviewing the U.S. Department of Health and Human Services guide on cleaning, disinfecting and sanitizing public areas, as well as noting average time estimated to clean the various buildings, it is the Committee's recommendation that with the conclusion of the current Janitorial Services contract that the Village return to the public health and safety standards that were in place in until the end of 2008. (These were reflected most clearly in the number of hours, the equipment used, and the level of cleaners.) Below are the year -end totals for cleaning, when services were at, in the Committee's opinion, the appropriate public health standards: • In the year 2006 the Village spent $103,815 • In the year 2007 the Village spent $97,915 • In the year 2008 the Village spent $95,050 And for the remained for 2011 through July 31, 2014, staff is recommending Perfect Cleaning with a yearly price of $99,065. For the remainder of 2011, it will cost the Village approximately $10,000 more. Recommendation: Staff is recommending Perfect Cleaning based on their overall price and the fact that they were well organized, professional, motivated and knowledgeable. The approach they proposed meets all of the Village's objectives and after several final clarifications /negotiations Perfect Cleaning reduced their overall price by more than $10,000. (Please note: The Village's objectives are clean buildings, more attention to problem areas such as bathrooms /locker rooms, training of personnel, appropriate supervision of personnel, and a great quality control program. Thus, with the adjustment of hours to obtain the necessary cleaning to ensure the proper health and safety of the Village's various buildings, the Committee recommends Perfect Cleaning, subject to staff review and final attorney corrections. Adjusted Tabulation Village Hall & PW Bldgs: $ 59,280.00 $ 64,376.00 Golf: $ 10,000.00 $ 7,994.00 Library: $ 17,472.00 $ 22,800.00 B &T: $ 12,313.00 $ 11,705.00 3- YearCost:.- ia$29779500$ == 320625.00'! Difference: $ 23,430.00 RESOLUTION 2011 -AG-EX1 -R-1 110 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A JANITORIAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND PERFECT CLEANING SERVICE CORPORATION WHEREAS, the Village and Perfect Cleaning Service Corporation ( "Perfect Cleaning ") desire to execute an agreement for the provision of certain Janitorial services to the Village ( "Janitorial Services Agreement'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Janitorial Services Agreement in substantially the form attached to, and by this reference incorporated into, this Resolution as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Janitorial Services Agreement. The President and Board of Trustees hereby approve the Janitorial Services Agreement by and between the Village and Perfect Cleaning in a form substantially the same as attached to this Resolution as Exhibit A and in final form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Janitorial Services Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Janitorial Services Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 12`" day of July, 2011. PASSED THIS 121" day of July, 2011. Ayes: Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk Resolution 2011- AG -EXI -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 2 of 7 EXHIBIT A JANITORIAL SERVICES AGREEMENT Resolution 2011- AG -EXI -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 3 of 7 VILLAGE OF OAK BROOK JANITORIAL SERVICES AGREEMENT THIS AGREEMENT entered into this _ day of July, 2011, by and between the Village of Oak Brook, an Illinois municipal corporation, 1200 Oak Brook Road, Oak Brook, IL 60523 (the "Village ") and Perfect Cleaning Service Corporation, an Illinois corporation (the "Contractor'). WITNESSETH; WHEREAS, the Village desires to engage the Contractor to provide Janitorial Services ( "Project ") all in accordance with the proposal ( "Proposal ") attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the Contractor desires to provide Janitorial Services for the Project in accordance with the Proposal; and WHEREAS, the Village and the Contractor desire to memorialize their understanding as to the scope of work to be provided, operational rules, and requirements in this agreement (the "Agreement "). NOW, THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, the parties agree as follows: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. 2. General Specifications for the Project. A. The Contractor agrees to furnish and provide all labor, materials, tools, equipment and supervision in connection with the Project. B. The Contractor agrees to provide competent supervisors, who possess good command of the English language, at all times when the Contractor is performing the work under this Agreement. The names of the supervisors shall be provided to the Village in writing, with phone numbers for Village to use in the event of a situation requiring contact with such supervisors. C. The Contractor's employees at all times shall be courteous and present a neat and clean appearance and shall wear identifiable work garments and identification to indicate that they are employed by the Contractor. All work shall be performed and all complaints shall be handled with due regard for the care of the Village's property. The Contractor shall utilize only employees who are competent and skilled to perform the specific job tasks to which they are assigned. At the request of the Village, the Contractor shall remove from the performance of the Project work any employee of Contractor who is incompetent, discourteous, reckless, destructive or repeatedly fails to abide by the specifications of this Agreement. 3. Compensation. The Village agrees to pay the Contractor for the Project work in Resolution 2011- AG -EXI -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 4 of 7 accordance with the Proposal within thirty (30) days after completion of such work and acceptance thereof by the Village. 4. Indemnification. The Contractor shall indemnify, defend, and hold harmless the Village, its officers, employees and agents, and each of them, against and from any and all claims, actions, causes of action, demands, liabilities, damages, costs, and expenses, including without limitation, court costs and attorneys' fees, of whatever nature, which the Village or any such person, or any third person, may sustain or incur, relating directly or indirectly to the Contractor's' performance of the Project under this Agreement, including without limitation claims for bodily injury or death to any person, or property damage, loss or destruction, relating or resulting directly or indirectly to or from Contractor's breach of or default under this Agreement. 5. Public Safety and Accident Prevention. The Contractor shall exercise precaution at all times for the protection of persons and property and shall strictly adhere to any safety requirements established by applicable laws and ordinances. Upon verbal notification from the Village's representative, the Contractor shall discontinue hazardous work practices as shall be determined in the sole discretion of the Village. The Contractor shall keep the necessary guards and protective devices at locations where work is being performed to prevent injury to the public or damage to public and private property. 6. Insurance. The Contractor shall carry insurance from a carrier approved by the Village, with policies and in amounts asset forth below. The Village, its officers, employees and agents shall be named as additional insureds in all such policies of insurance and the Contractor shall provide a certificate of insurance reflecting the approved insurance. A. The following shall be the required coverages Commercial general liability insurance, with limits not less than: (a) Two million dollars ($2,000,000) for bodily injury or death to each person; (b) Two million dollars ($2,000,000) for property damage resulting from any one incident; and (c) Two million dollars ($2,000,000) for all other types of liability; ii. Automobile liability for owned, non -owned and hired vehicles Combined single limit of one million dollars ($1,000,000) for personal injury and property damage for each accident. iii. Worker's compensation with statutory limits. iv. Employer's liability insurance Not less than one million dollars ($1,000,000) per employee and per accident. B. The coverages required by this Section may be in any combination of primary, excess, and /or umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following -form basis such that Resolution 2011- AG -EX1 -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 5 of 7 when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. C. The Contractor shall provide certificates of insurance to the Village as evidence of the coverages required in paragraph (A) of this section, including the provisions for additional named insureds and notice of cancellation, as required in paragraphs (6) and (D) of this section, respectively. The Contractor shall also provide copies of any of the policies required by this Section to the Village within ten (10) days following receipt of a written request therefore from the Village. D. The insurance policies required by this Section shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be effective until thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Manager of such intent to cancel or not to renew." E. Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the Contractor shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section. Compliance with Laws. Contractor shall at all times comply with all applicable local, state or federal regulations, statutes, and ordinances as may relate to the work performed under this Agreement, including but not limited to the Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01, et seq.; the Drug Free Workplace Act, 30 ILCS 580/1, et seq.; the Human Rights Act, 775 ILCS 5/1 -101, et seq. and the Prevailing Wage Act, 820 ILCS 130/0.01, et seq.; the Veterans Preference Act, 330 ILCS 55/0.01 et seq. The Contractor shall secure all permits and licenses imposed by law and ordinance, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work provided in this Agreement. 8. Term of Agreement. This Agreement will be in full force from August 1, 2011 through July 31, 2014. However, if mutually agreed upon, the agreement may be extended annually for two additional years. The Village reserves the right at any time and in its absolute discretion to change weekly service from 5 days to 3 days a week at the Butler Government Center and Public Works Buildings by giving seven (7) days prior written notice to the Contractor. 9. Termination. The Village reserves the right at any time and in its absolute discretion to terminate the services of the Contractor by giving seven (7) days prior written notice to the Contractor. In such event, the Contractor shall be entitled to, and the Village shall reimburse the Contractor for, an equitable portion of the Contractor's fee based on the portion of the services completed prior to the effective date of termination. 10. Notices. Any and all notices, demands, requests and other communications necessary or desirable to be served under this Agreement shall be in writing and shall be either personally delivered or delivered to the Party or the Party's attorney by (i) facsimile transmission, (ii) prepaid same -day or overnight delivery service (such as Federal Express or UPS), with proof of delivery requested, or (iii) United States registered or certified mail, return receipt requested, postage prepaid, in each case addressed as follows: Resolution 2011- AG -EX1 -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 6 of 7 To Owner: Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 To Contractor: Perfect Cleaning Corporation 5852 N. Northwest Highway Chicago, Illinois 60631 or such other address or addresses or to such other party when any party entitled to receive notice hereunder may designate for itself from time to time in a written notice served upon the other parties hereto in accordance herewith. Any notice sent as hereinabove provided shall be deemed to have been received (i) on the date it is personally delivered, if delivered in person, (ii) on the date it is electronically transmitted if delivered by facsimile transmission, (iii) on the first business day after the date it is deposited with the overnight courier service, if delivered by overnight courier service, or (iv) on the third (3rd) business day following the postmark date which it bears, if delivered by United States registered or certified mail, return receipt requested, postage prepaid. 11. Miscellaneous. The provisions which follow shall apply generally to the obligations of the parties under this Agreement: A. This Agreement may not be amended except pursuant to a written instrument signed by both parties. B. This Agreement is binding upon the successors and assigns of the Parties. C. The waiver by either party of any breach or violation of any provision of this agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement. D. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith. E. This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement, which are not fully expressed herein. F. This Agreement creates no rights, title or interest in any person or entity whatsoever (whether under a third party beneficiary theory or otherwise) other than the Parties. G. This Agreement may be executed in counterparts. Facsimile signatures shall be sufficient. H. Under no circumstances shall this Agreement be construed as one of agency, partnership, joint venture, or employment between the Parties. The Parties shall each be solely responsible for the conduct of their respective officers, employees and agents in connection with the performance of their obligations under this Agreement. Resolution 2011- AG -EXI -R -1110 Approving and Authorizing the Execution of the Janitorial Services Agreement Page 7 of 7 IN WITNESS WHEREOF, Village and Contractor have caused this Agreement to be executed by their proper officers the day and date first above written. PERFECT CLEANING VILLAGE OF OAK BROOK SERVICES CORPORATION By: Gopal G. Lalmalani, Village President Its: Attest: Attest: By: By: Charlotte K. Pruss, Village Clerk