HomeMy WebLinkAboutContract- Total Building Services - Janitorial Services Contract Main Library & Robert Crown Branch (RFP #24-43) 2.1.25-1.31.28Exhibit J
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Janitorial Services Contract – Main Library and Robert Crown Branch Library
RFP Number: 24-43
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this
31 day of January 2025, between the City of Evanston, an Illinois municipal corporation
with offices located at 2100 Ridge Avenue, Evanston, Illinois 60201 (hereinafter referred
to as the “City”), and Total Building Services with offices located 340 Bennett Rd. Elk
Grove Village, IL 60007, (hereinafter referred to as the “Consultant”). Compensation for
all basic Services (“the Services”) provided by the Consultant under the terms of this
Agreement shall not exceed $145,028.52 for year 1, $149,379.36 for year 2, and
153,860.88 for year 3 with two (2) additional one (1) year renewal options.
I. COMMENCEMENT DATE
Consultant shall commence the Services on 2/1/2025 or no later than three
(3) DAYS AFTER City executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by 01/31/2026, 1/31/2027, and 1/31/2028 .
If this Agreement provides for renewals after an initial term, no renewal shall begin
until agreed to in writing by both parties prior to the completion date of this
Agreement.
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III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be
made upon the completion of each task for a project, as set forth in Exhibit
A – Project Milestones and Deliverables. Any expenses in addition to those
set forth here must be specifically approved by the City in writing in
advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Janitorial Services for Main
Library and Robert Crown Branch Library. Services may include, if any, other
documented discussions and agreements regarding scope of work and cost
(Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation
(regardless of format) provided by Consultant shall be in accordance with
the standards of reasonable care and skill of the profession, free from errors
or omissions, ambiguities, coordination problems, and other defects.
Consultant shall take into account any and all applicable plans and/or
specifications furnished by City, or by others at City’s direction or request,
to Consultant during the term of this Agreement. All materials, buildings,
structures, or equipment designed or selected by Consultant shall be
workable and fit for the intended use thereof, and will comply with all
applicable governmental requirements. Consultant shall require its
employees to observe the working hours, rules, security regulations and
holiday schedules of City while working and to perform its Services in a
manner which does not unreasonably interfere with the City’s business and
operations, or the business and operations of other tenants and occupants
in the City which may be affected by the work relative to this Agreement.
Consultant shall take all necessary precautions to assure the safety of its
employees who are engaged in the performance of the Services, all
equipment and supplies used in connection therewith, and all property of
City or other parties that may be affected in connection therewith. If
requested by City, Consultant shall promptly replace any employee or agent
performing the Services if, in the opinion of the City, the performance of the
employee or agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
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Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party
may seek to enforce. Consultant acknowledges and agrees that should
Consultant or its sub-consultants provide false information, or fail to be or
remain in compliance with this Agreement; the City may void this
Agreement. The Consultant warrants and states that it has read the
Contract Documents, and agrees to be bound thereby, including all
performance guarantees as respects Consultant’s work and all indemnity
and insurance requirements.
The Consultant shall obtain prior approval from the City prior to sub-
contracting with any entity or person to perform any of the work required
under this Agreement. If the Consultant sub-contracts any of the services
to be performed under this Agreement, the sub-consultant agreement shall
provide that the services to be performed under any such agreement shall
not be sublet, sold, transferred, assigned or otherwise disposed of to
another entity or person without the City’s prior written consent. The
Consultant shall be responsible for the accuracy and quality of any sub-
consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every
sub-consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors,
other municipalities and local government officials, public utility companies,
and others, as may be directed by the City. This shall include attendance at
meetings, discussions and hearings as requested by the City. This
cooperation shall extend to any investigation, hearings or meetings
convened or instituted by the City, any of its departments, and/or OSHA
relative to this Project, as necessary. Consultant shall cooperate with the
City in scheduling and performing its Work to avoid conflict, delay in or
interference with the work of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by
both parties. This Agreement may be modified or amended from time to
time provided, however, that no such amendment or modification shall be
effective unless reduced to writing and duly authorized and signed by the
authorized representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants
that: (1) Consultant possesses and will keep in force all required licenses
to perform the Services; (2) the employees of Consultant performing the
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Services are fully qualified, licensed as required, and skilled to perform the
Services.
C. Breach/Default. Any one of the following events shall be deemed an event
of default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained
within this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
herein listed at its own expense, including completion of Services or the
replacement or termination of any agent, employee, or sub-contractor as a
result of any violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure
any breach or default on the part of contractor, including but not limited to
injunctive relief, an action in law or equity or termination of this Agreement
as outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City
pursuant to this Agreement are subject to sufficient appropriations made by
the City of Evanston City Council. In the event of termination resulting from
non-appropriation or insufficient appropr iation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety
or welfare of the citizens of the City, the City shall have the right terminate
this Agreement without prior written notice. Within thirty (30) days of
termination of this Agreement, the Consultant shall turn over to the City any
documents, drafts, and materials, including but not limited to, outstanding
work product, data, studies, test results, source documents, AutoCAD
Version 2007, PDF, ARTView, Word, Excel spreadsheets, technical
specifications and calculations, and any other such items specifically
identified by the City related to the Services herein.
F. Independent Consultant. Consultant’s status shall be that of an
independent Consultant and not that of a servant, agent, or employee of
City. Consultant shall not hold Consultant out, nor claim to be acting, as a
servant, agent or employee of City. Consultant is not authorized to, and
shall not, make or undertake any agreement, understanding, waiver or
representation on behalf of City. Consultant shall at its own expense comply
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with all applicable workers compensation, unemployment insurance,
employer’s liability, tax withholding, minimum wage and hour, and other
federal, state, county and municipal laws, ordinances, rules, regulations and
orders. Consultant shall require its employees to observe the working
hours, rules, security regulations and holiday schedules of City, including
but not limited to all policies and work rules applicable to City employees
while on City property such as the Workplace Harassment Policy; COVID-
19 Vaccination Policy; and Drug and Alcohol Policy. Consultant agrees to
abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the
same may be amended from time to time, applicable state and municipal
safety and health laws and all regulations pursuant thereto. Consultant
shall certify that its agents, employees and subcontractors are in
compliance with City work rules applicable to City employees while on City
property. Failure to certify or violation of work rules is subject to the Default
provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
interests of City in respect to the Services being provided hereunder except
as shall have been expressly disclosed in writing by Consultant to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates
and negatives of all plans, drawings, reports, photographs, charts,
programs, models, specimens, specifications, AutoCAD Version 2007,
Excel spreadsheets, PDF, and other documents or materials required to be
furnished by Consultant hereunder, including drafts and reproduction
copies thereof, shall be and remain the exclusive property of City, and City
shall have the unlimited right to publish and use all or any part of the same
without payment of any additional royalty, charge, or other compensation to
Consultant. Upon the termination of this Agreement, or upon request of
City, during any stage of the Services, Consultant shall promptly deliver all
such materials to City. Consultant shall not publish, transfer, license or,
except in connection with carrying out obligations under this Agreement,
use or reuse all or any part of such reports and other documents, including
working pages, without the prior written approval of City, provided, however,
that Consultant may retain copies of the same for Consultant’s own general
reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting
documentation, City may require such additional supporting documentation
as City reasonably deems necessary or desirable. Payment shall be made
in accordance with the Illinois Local Government Prompt Payment Act, after
City’s receipt of an invoice and all such supporting documentation.
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J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services
and expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by
Consultant is found to have been overstated, Consultant shall provide City
an immediate refund of the overpayment together with interest at the
highest rate permitted by applicable law, and shall reimburse all of City’s
expenses for and in connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City
and its officers, elected and appointed officials, agents, and employees from
any and all liability, losses, or damages as a result of claims, demands,
suits, actions, or proceedings of any kind or nature, including but not limited
to costs, and fees, including attorney’s fees, judgments or settlements,
resulting from or arising out of any negligent or willful act or omission on the
part of the Consultant or Consultant’s sub-contractors, employees, agents
or sub-contractors during the performance of this Agreement. Such
indemnification shall not be limited by reason of the enumeration of any
insurance coverage herein provided. This provision shall survive
completion, expiration, or termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and
use of their own agents, attorneys, and experts, any claims, actions or suits
brought against them. The Consultant shall be liable for the costs, fees, and
expenses incurred in the defense of any such claims, actions, or suits.
Nothing herein shall be construed as a limitation or waiver of defenses
available to the City and employees and agents, including but not limited to
the Illinois Local Governmental and Governmental Employees Tort
Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses
incidental to them, but the City has the right, at its option, to participate, at
its own cost, in the defense of any suit, without relieving Consultant of any
of its obligations under this Agreement. Any settlement of any claim or suit
related to this Agreement by Consultant must be made only with the prior
written consent of the City Corporation Counsel, if the settlement requires
any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the amount
of its obligations to indemnify, defend, or contribute to any sums due under
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any Losses, including any claim by any employee of Consultant that may
be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq.
or any other related law or judicial decision, including but not limited to,
Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City,
however, does not waive any limitations it may have on its liability under the
Illinois Workers Compensation Act, the Illinois Pension Code or any other
statute.
Consultant shall be responsible for any losses and costs to repair or remedy
work performed under this Agreement resulting from or arising out of any
act or omission, neglect, or misconduct in the performance of its Work or its
sub-consultants’ work. Acceptance of the work by the City will not relieve
the Consultant of the responsibility for subsequent correction of any such
error, omissions and/or negligent acts or of its liability for loss or damage
resulting therefrom. All provisions of this Section shall survive completion,
expiration, or termination of this Agreement.
L. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability
insurance (which shall include as a minimum the requirements set forth
below) during the term of this Agreement, for damages caused or
contributed to by Consultant, and insuring Consultant against claims which
may arise out of or result from Consultant’s performance or failure to
perform the Services hereunder: (1) worker’s compensation in statuto ry
limits and employer’s liability insurance in the amount of at least $500,000,
(2) comprehensive general liability coverage, and designating City as
additional insured for not less than $3,000,000 combined single limit for
bodily injury, death and property damage, per occurrence, (3)
comprehensive automobile liability insurance covering owned, non-owned
and leased vehicles for not less than $1,000,000 combined single limit for
bodily injury, death or property damage, per occurrence, and (4) errors and
omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services
done pursuant to this Agreement before Consultant performs any Services,
and, if requested by City, certified copies of the policies of insurance
evidencing the coverage and amounts set forth in this Section. The City may
also require Consultant to provide copies of the Additional Insured
Endorsement to said policy (ies) which name the City as an Additional
Insured for all of Consultant’s Services and work under this Agreement. Any
limitations or modification on the certificate of insurance issued to the City
in compliance with this Section that conflict with the provisions of this
Section shall have no force and effect. Consultant’s certificate of insurance
shall contain a provision that the coverage afforded under the policy(s) will
not be canceled or reduced without thirty (30) days prior written notice (hand
delivered or registered mail) to City. Consultant understands that the
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acceptance of certificates, policies and any other documents by the City in
no way releases the Consultant and its sub-contractors from the
requirements set forth herein. Consultant expressly agrees to waive its
rights, benefits and entitlements under the “Other Insurance” clause of its
commercial general liability insurance policy as respects the City. In the
event Consultant fails to purchase or procure insurance as required above,
the parties expressly agree that Consultant shall be in default under this
Agreement, and that the City may recover all losses, attorney’s fees and
costs expended in pursuing a remedy or reimbursement, at law or in equity,
against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to
treat, as secret and confidential all such information whether or not identified
by City as confidential, (ii) not to disclose any such information or make
available any reports, recommendations and /or conclusions which
Consultant may make for City to any person, firm or corporation or use the
same in any manner whatsoever without first obtaining City’s written
approval, and (iii) not to disclose to City any information obtained by
Consultant on a confidential basis from any third party unless Consultant
shall have first received written permission from such third party to disclose
such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2),
records in the possession of others whom the City has contracted with to
perform a governmental function are covered by the Act and subject to
disclosure within limited statutory timeframes (five (5) working days with a
possible five (5) working day extension). Upon notification from the City that
it has received a Freedom of Information Act request that calls for records
within the Consultant’s control, the Consultant shall promptly provide all
requested records to the City so that the City may comply with the request
within the required timeframe. The City and the Consultant shall cooperate
to determine what records are subject to such a request and whether or not
any exemption to the disclosure of such records or part thereof is applicable.
Vendor shall indemnify and defend the City from and against all claims
arising from the City’s exceptions to disclosing certain records which Vendor
may designate as proprietary or confidential. Compliance by the City with
an opinion or a directive from the Illinois Public Access Counselor or the
Attorney General under FOIA, or with a decision or order of Court with
jurisdiction over the City, shall not be a violation of this Section.
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N. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use
of City’s name nor the name of any affiliate of City, nor any picture of or
reference to its Services in any advertising, promotional or other materials
prepared by or on behalf of Consultant, nor disclose or transmit the same
to any other party.
O. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder without City’s
express prior written approval. Any attempt to do so without the City’s prior
consent shall, at City’s option, be null and void and of no force or effect
whatsoever. Consultant shall not employ, contract with, or use the services
of any other architect, interior designer, engineer, consultant, special
contractor, or other third party in connection with the performance of the
Services without the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statutes, ordinances and regulations, at
Consultant’s sole cost and expense, except to the extent expressly provided
to the contrary herein. Whenever the City deems it reasonably necessary
for security reasons, the City may conduct at its own expense, criminal and
driver history background checks of Consultant’s officers, employees, sub-
contractors, or agents. Consultant shall immediately reassign any such
individual who in the opinion of the City does not pass the background
check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-
contractors, suppliers, materialmen and others claiming by, through or
under Consultant, hereby waives and releases any and all statutory or
common law mechanics’ materialmen’s’ or other such lien claims, or rights
to place a lien upon City property or any improvements thereon in
connection with any Services performed under or in connection with this
Agreement. Consultant further agrees, as and to the extent of payment
made hereunder, to execute a sworn affidavit respecting the payment and
lien releases of all sub-contractors, suppliers and materialmen, and a
release of lien respecting the Services at such time or times and in such
form as may be reasonably requested by City. Consultant shall protect City
from all liens for labor performed, material supplied or used by Consultant
and/or any other person in connection with the Services undertaken by
consultant hereunder, and shall not at any time suffer or permit any lien or
attachment or encumbrance to be imposed by any sub-consultant, supplier
or materialmen, or other person, firm or corporation, upon City property or
any improvements thereon, by reason or any claim or demand against
Consultant or otherwise in connection with the Services.
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R. Notices. Every notice or other communication to be given by either party
to the other with respect to this Agreement, shall be in writing and shall not
be effective for any purpose unless the same shall be served personally or
by United States certified or registered mail, postage prepaid, addressed if
to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois
60201, Attention: Purchasing Division and to Consultant at the address first
above set forth, or at such other address or addresses as City or Consultant
may from time to time designate by notice given as above provided.
S. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this
Agreement by Consultant, or arising out of a breach of this Agreement by
Consultant, the City shall recover from the Consultant as part of the
judgment against Consultant, its attorneys’ fees and costs incurred in each
and every such action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual
right hereunder, unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be
held void, or unenforceable, the remaining portions hereof shall remain in
full force and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall
be governed by the laws of the State of Illinois. Venue for any action arising
out or due to this Agreement shall be in Cook County, Illinois. The City shall
not enter into binding arbitration to resolve any dispute under this
Agreement. The City does not waive tort immunity by entering into this
Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant
shall continue to perform its obligations while any dispute concerning the
Agreement is being resolved, unless otherwise directed by the City.
X. Survival. Except as expressly provided to the contrary herein, all
provisions of this Agreement shall survive all performances hereunder
including the termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-12-
5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable
law, the Consultant may be declared non-responsible and therefore ineligible for
future contracts or sub-contracts with the City, and the contract may be cancelled
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or voided in whole or in part, and such other sanctions or penalties may be imposed
or remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital status,
national origin or ancestry, or age or physical or mental disabilities that do not
impair ability to work, and further that it will examine all job classifications to
determine if minority persons or women are underutilized and will take appropriate
affirmative action to rectify any such underutilization. Consultant shall comply with
all requirements of City of Evanston Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2-
105 et. seq.), that it has a written sexual harassment policy that includes, at a
minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails to be or remain in compliance with the
Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation
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Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and
applicable rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002,
or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid
rigging or bid rotating or any similar offense of any State in the U.S., nor made any
admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3,
E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works
shall be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and
as applicable, has obtained an assumed name certificate from the appropriate
authority, or has registered to conduct business in Illinois and is in good standing
with the Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any similar
governmental entity in any state in a contemporaneous agreement let under the
same or similar financial terms and circumstances for comparable supplies or
services, the more favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set
forth herein. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those
contained in this Agreement. This Agreement has been negotiated and entered
into by each party with the opportunity to consult with its counsel regarding the
terms therein. No portion of the Agreement shall be construed against a party due
to the fact that one party drafted that particular portion as the rule of contra
proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or
contract form submitted by Consultant be part of this Agreement unless agreed to
in a writing signed by both parties and attached and referred to herein as an
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Addendum, and in such event, only the portions of such proposal or contract form
consistent with this Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By: Yolande Wilburn
Its: ________________________ Its: Executive Director
FEIN Number: _______________ Date: 12/18/2024
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
Revision: April 2021
______+________1/20/25
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Addendum, and in such event, only the portions of such proposal or contract form
consistent with this Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By: Yolande Wilburn
Its: ________________________ Its: Executive Director
FEIN Number: _______________ Date: 12/18/2024
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
Revision: April 2021
______+________1/20/25
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EXHIBIT A – Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated 2/1/2025 between Evanston
Public Library, 1703 Orrington Avenue Evanston, IL 60201 (“City”) and Total Building
Services (“Consultant”) sets forth the Commencement and Completion Date, Services,
Fees, and Reimbursable Expenses as follows:
I. COMMENCEMENT DATE: 2/1/2025
II. COMPLETION DATE: 1/31/2026
FEES: $145,028.52 for year 1, $149,379.36 for year 2, and 153,860.88 for year 3 with
two (2) additional one (1) year renewal options.
IV. SERVICES/SCOPE OF WORK:
As defined in RFP/Q # #24-43 (Exhibit B) and Consultants Response to Proposal
(Exhibit C)
Dated: 12/31/2024
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CITY OF EVANSTON
REQUEST FOR PROPOSAL
NUMBER: 24-43
For
Janitorial Services Contract – Main Library and Robert Crown Branch Library
October 3, 2024
PROPOSAL DEADLINE: 2:00 P.M, November 5, 2024
PRE-PROPOSAL MEETING: Non-mandatory
9:00 A.M., October 9, 2024
Tour of Facilities to follow
Main Library Community Room
1703 Orrington Avenue
Evanston, Illinois, 60201
ELECTRONIC BID SUBMITTAL:
Bid responses will only be accepted electronically
via E-bidding through DemandStar (WWW.DEMANDSTAR.COM)
It is highly recommended that new DemandStar users complete the account setup
process prior to project due date/time.
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TABLE OF CONTENTS
Notice to Proposers ................................................................................................. 03
1.0 Introduction ...................................................................................................... 04
2.0 Scope of Services ........................................................................................... 05
3.0 Insurance ......................................................................................................... 26
4.0 Submittal Requirements (Please see Attachments) ...................................... 26
5.0 Additional Submittal Requirements ................................................................. 27
6.0 M/W/D/EBE Goals .......................................................................................... 27
7.0 Evaluation Criteria ........................................................................................... 27
8.0 Selection Process ............................................................................................ 28
9.0 Proposed Schedule ......................................................................................... 29
10.0 Questions Regarding RFP ............................................................................... 29
11.0 General Terms and Conditions ........................................................................ 29
Price/Costs Form ....................................................................................................... 35
RETURN ALL EXHIBITS WITH RFP
Exhibit A – Disclosure of Ownership Interests ........................................................... 37
Exhibit B – Additional Information Sheet ................................................................... 40
Exhibit C – Conflict of Interest Form .......................................................................... 41
Exhibit D – Acknowledgement of Understanding....................................................... 42
Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ............................... 43
Exhibit F – City of Evanston M/W/D/EBE Policy ................................................... 44
Exhibit G – M/W/D/EBE Participation Compliance Form...................................... 45
Exhibit G – M/W/D/EBE Utilization Summary Report ........................................... 46
Exhibit H – M/W/D/EBE Participation Waiver Request ......................................... 47
Exhibit I – M/WD//EBE Assistance Organizations ..................................................... 48
Exhibit J – Professional Services Agreement Acknowledgement .............................. 49
Exhibit J - Consultant Certification and Verification Addendum ................................ 50
Exhibit J – Professional Services Agreement ............................................................ 51
Exhibit K – Bond Submittal Label .......................................................................... 64
ATTACHMENTS
DemandStar- E-bidding Instructions…………………………………………………14 pages
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CITY OF EVANSTON
NOTICE TO PROPOSERS
Proposals will be received by the Purchasing Office until 2:00 P.M. local time on November 5,
2024. Responses will only be accepted electronically via E-bidding through DemandStar
(www.demandstar.com). Although registration is required, vendors can download solicitations
and upload responses for free. Proposals shall cover the following:
Janitorial Services Contract – Main Library and Robert Crown Branch Library
RFP Number: 24-43
The Evanston Public Library is seeking proposals from experienced firms for: Janitorial services
for multiple facilities, including the Main Library and the Robert Crown Branch Library.
There will be a non-mandatory pre-proposal conference at 9:00 A.M. on October 9, 2024, ,in
the Main Library Community Room, located at 1703 Orrington Avenue, Evanston, Illinois,
60201. All firms intending to submit a proposal for this project are encouraged to attend to
discuss the proposed work and receive answers to questions related to the project.
The above item shall conform to the RFP on file in the Purchasing Office. Parties interested
in submitting a proposal should contact the Purchasing Office to receive a copy of the RFP or
see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at:
www.demandstar.com.
The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies
all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice
will be awarded to the successful firm without discrimination on the grounds of race, color,
religion, sex, age, sexual orientation marital status, disability, familial status or national origin..
The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s)
deemed most advantageous to the City.
The Evanston City Council also reserves the right to award the contract to an Evanston firm if
that firm’s bid is within 5% of the low bid.
Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership
Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to
submit such information may result in the disqualification of such proposal.
Linda Thomas
Purchasing Specialist
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CITY OF EVANSTON
Request for Proposal
1.0 INTRODUCTION
It is the intention of the Evanston Public Library to enter into a multi-year janitorial
services contract for the following two buildings in accordance with the terms,
conditions, and specifications of this Request for Proposal:
The desired contract term is three (3) years with two (2) additional one (1)-year
renewal options.
Main Library, 1703 Orrington Ave, Evanston, IL., 60201
The Main Library is a four-story structure of 112,000 square feet (gross). There are
three public floors. The fourth floor, which runs half the length of the building, consists
primarily of offices, 15 used by library staff. Approximately 650-1,000 people a day
use this highly visible cultural facility.
All services for the library will be performed in accordance with the janitorial schedule
(attached).
The areas to be included in the scope of the work are:
a. Basement: From the double doors at the garage, up through and
including the stairwell and elevator.
b. First Floor: all areas, excluding the garage/loading dock.
c. Second, third, and fourth floors: All areas, including meeting and study
rooms and cubicles.
Areas to be excluded from cleaning are all emergency fire stairs and any room not
accessible by the keys provided to the Contractor.
The estimated net square footage for each floor is as follows: first floor 27,077;
second floor 26,251; third floor 26,398; fourth floor 14,613. The estimated total
square footage is 94,339 (net). The floor covering is estimated to be 80% carpet tile,
15% terrazzo, and 5% vinyl flooring.
Robert Crown Branch Library, 1801 Main Street, Evanston, IL., 60201
The Robert Crown Library is a one-story structure of 6,000 square feet (gross). It has
one public floor. The staff area has one office and a kitchenette/ breakroom.
Approximately 280-450 people use this highly visible facility daily.
All services for the library will be performed in accordance with the janitorial schedule
(attached).
The areas to be included in the scope of the work are:
a. Interior of the Library: All areas from the entry doors to the back room,
including meeting and study rooms.
b. The library's exterior windows and doors that are inside the Robert
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Crown Facility.
Areas to be excluded from cleaning are all emergency fire stairs and any room not
accessible by the keys provided to the Contractor. There is no restroom in the library
branch, as the Robert Crown Center handles restrooms.
The library's citizens and staff expect all facilities to be maintained to the highest
possible standards of cleanliness. Any firm submitting a proposal for this cleaning
contract must be committed to devoting the necessary resources to meet this
expectation. This contract will be performed in accordance with the scope of work
and the Janitorial Schedule.
Contact with City personnel in connection with this RFP shall not be made other than
as specified in this RFP. Unauthorized contact of any City personnel may be cause
for rejection of a proposal.
Prior to the submittal of a proposal, Proposers are advised to carefully examine
• the contract documents
• project scope and work tasks to be accomplished
• specifications
• submittal requirements
• insurance requirements and required documentation
Proposers are advised to become thoroughly familiar with all conditions, instructions
and specifications governing this RFP. Proposals shall be made in accordance with
these instructions. Proposals shall be submitted on the forms provided by the City
The City will not be liable in any way for any costs incurred by respondents in replying
to this Request for Proposal.
2.0 SCOPE OF SERVICES
General Janitorial Service Standards
All services shall be performed in a professional manner in conformance with
standard and acceptable business practices. The desired performance level, manner
of performance, and materials, supplies, and equipment furnished by the Proposer
shall be of quality standard in accordance with the following five sections:
1). Planning Requirements
2). Requirements for Products, Supplies and Equipment
3). Cleaning Procedure Requirements
4). Communication Requirements
5). Training Requirements.
Definitions
Concentrate: A product that must be substantially diluted with water to form the
appropriate solution for use as prescribed by the manufacturers’ printed product
literature.
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Disinfect: A process for hard inanimate surfaces undertaken to destroy or irreversibly
inactivate infectious fungi and bacteria but not necessarily their spores.
Environmentally Preferable Product: A product certified as such by a Type 1 third
party such as: Green Seal, Green Guard, or Environmental Choice and including an
environmental label that was developed in accordance with the ISO 14024
Environmental Labeling Standard.
Sanitize: A process intended to reduce, but not necessarily eliminate,
microorganisms from the inanimate environment to levels considered safe as
determined by public health codes or regulations.
2.1 Planning Requirements
2.1A Standard Operating Procedures
The proposer shall develop and maintain a set of written guidelines or
Standard Operating Procedures (SOPs) that govern the cleaning
procedures, chemical handling and tracking requirements, equipment
maintenance and operation procedures, communication protocols and
requirements, training, and inspection programs, and reporting and record-
keeping procedures. These guidelines shall be made available to all
cleaning personnel and facilities contacts. In addition, a Building-specific
Green Cleaning Plan must be developed in accordance with Section 2.2B
for every building to be cleaned. SOPs shall be reviewed for possible
revisions on an annual basis.
2.1B Building Specific Green Cleaning Plan
The proposer shall have a Building-Specific Green Cleaning Plan in place
that comprehensively describes the methods by which a facility is cleaned
effectively while protecting human health and the environment. In addition
to typical cleaning concerns, the Green Cleaning Plan shall:
a. Define a comprehensive communications plan as established with the
City. The plan shall describe procedures for cleaning personnel to
communicate with building management and occupants and a system
for providing feedback from building management and occupants.
b. Develop and implement a floor maintenance plan, consistent with
manufacturers’ maintenance recommendations, to extend the life of
flooring through routine, periodic, and restorative cleaning operations.
c. Determine schedules of routine cleaning operations, activities performed
periodically, equipment operation and maintenance, cleaning
inspections, and accident preparedness plans.
● Schedule of cleaning operations detailing the minimum frequency
required to clean and maintain the area to a level that adequately
protects human health and the environment.
● The schedule of cleaning operations shall be reviewed at a minimum
of twice per year and adjusted as needed in response to the changing
needs of the building and its occupants.
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d. Provide a detailed description of how green cleaning operations shall
address:
● Cleaning procedure requirements for such special areas as high-
traffic areas, dining and food preparation areas, laboratories, and
entryways.
● Storage and use of chemicals within the facility, including
consideration of proper ventilation, dilution control procedures,
adequate security, and proper management of the area.
● Vulnerable populations such as children, asthmatics, and pregnant
women.
● Indoor sources of contaminants or pollution, both temporary and
permanent, such as building renovations, indoor plants, and new
carpet installations.
● Special Requirements for operations involving potentially hazardous
materials such as the maintenance of floors containing asbestos or
compliance with OSHA Blood borne Pathogens Standards.
● Cleaning areas with special engineering concerns such as those with
inadequate ventilation, poor lighting, and restricted access.
● Seasonal or periodic conditions and periods of increased or
decreased use.
● Requirements of the building Integrated Pest Management system if
available.
● Special cleaning requirements or conditions that may affect the
frequency of cleaning or negatively impact human health or the
environment.
2.1C Powered Equipment Use/Maintenance Plan
The proposer shall develop, adopt, and maintain a plan for the use of
powered janitorial equipment that maximizes the effective reduction of
building contaminants with minimum environmental impact.
The Proposer shall evaluate whether the janitorial equipment currently being
used is functioning properly (as validated by the equipment manufacturer or
by a reputable third-party service organization) or is tagged out of service.
The Proposer shall develop a plan for the phase-out of equipment that does
not, at a minimum, meet the following specifications:
a. Vacuum cleaners must meet, at a minimum, the Carpet and Rug Institute
(CRI) Green Label Program requirements and shall operate at a sound
level of less than 70 dBA.
b. Carpet extraction equipment must meet at a minimum the Carpet and
Rug Institute Bronze Seal of Approval.
c. Powered floor maintenance equipment must be equipped with controls
or other devices for capturing and collecting particulates and shall
operate at a sound level less than 70 dBA.
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d. No propane-powered floor equipment will be allowed in this contract
work.
e. Powered scrubbing machines must be equipped with a control method
for variable rate dispensing to optimize the use of cleaning fluids.
A component of this plan shall also include a quarterly maintenance
program that inspects and maintains the performance of janitorial
equipment, as defined by the equipment vendor, and records the results in
a maintenance log.
2.2 Requirements for Products, Supplies and Equipment
2.2A Environmentally Preferable Cleaning Products and Supplies
For the following categories of cleaning products and supplies, the
Contractor shall use only environmentally preferable products:
a. General-purpose cleaners, floor cleaners, bathroom cleaners, glass
cleaners, and carpet cleaners;
b. Floor finishes and floor strippers;
c. Plastic trash can liners shall contain a minimum of 10% post-consumer
recycled content.
2.2B Powered Cleaning Equipment
All powered janitorial equipment in this category shall meet the criteria listed
in Section 1C. These products include powered floor scrubbers, burnishers,
steam extractors, vacuum cleaners, and power washers, and other powered
cleaning equipment.
2.3 Cleaning Procedure Requirements
2.3A Reducing Chemical Waste/Efficient Use of Chemicals
The proposer shall :
a. Provide easily understood directions to cleaning staff in English or
graphic representation for the dilution of chemical cleaning products.
b. Track and report to the City’s representative the quantities of chemicals
consumed over time by cleaning operations on at least a quarterly basis.
c. Use a chemical measuring and dilution control system that limits worker
exposure to chemical concentrates while facilitating the proper dilution
of chemical concentrates.
d. Train workers in the safe and effective use of all relevant chemical
cleaning products.
e. Use the appropriate technology (coarse spray bottles, automatic
chemical dispensers on powered equipment, etc.) for applying the
chemical product in a manner that does not result in overuse and waste
of the product.
f. Provide directions for the proper rinsing and disposal of used or
expended chemical solutions or empty chemical containers.
g. Prevent other building areas from being adversely affected.
h. Reduce, minimize, or eliminate the need for using cleaning chemicals
wherever possible.
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2.3B Reducing Solid Waste
The proposer shall:
a. Purchase chemical products and supplies in quantities that minimize the
amount of packaging and container waste generated.
b. Use reusable cleaning cloths or microfiber technology in lieu of paper
products. Within 2 hours of use, dispose of, rinse, or place in a sealable
container (i.e., metal flammable rag canister, locking plastic bag, etc.)
that minimizes evaporation of cleaning product from all cleaning towels,
cloths, and materials. Reusable cleaning cloths or microfiber must be
cleaned or laundered prior to reuse.
c. Segregate and recycle all waste items from cleaning operations,
including paper, glass, plastics, cardboard, other packaging materials,
empty chemical containers, and worn equipment that are acceptable for
recycling in the community.
d. Not empty anything in containers labeled as recycling or composting into
the trash cans.
2.3C Vacuum Use / Maintenance
The following requirements apply to the use of vacuum cleaners in Sections
3D and 3F:
a. Vacuums shall be equipped with the proper filter or bag; the filters shall
be changed or cleaned consistent with the manufacturer’s printed
recommendations.
b. Vacuum bags or canisters shall be inspected at least every 2 hours and
changed or replaced when half full or when indicated by a bag sensor, if
vacuum is so equipped.
c. Precautions shall be taken to limit worker exposure to dust and
particulate matter when cleaning and replacing bags and filters.
2.3D Floor Care
Floor care operations include those for hard floors (e.g., resilient flooring)
and carpets. For routine hard floor maintenance, the Proposer shall:
Vacuum to remove and contain particulate matter from flooring surfaces, or
alternatively, use mops equipped with reusable/cleanable collection heads
or equivalent. Hard floors shall be cleaned on a predetermined schedule of
frequency and as needed to restore them to a clean appearance. At a
minimum, the schedule for cleaning shall be as provided in the Janitorial
Schedule included in this RFP.
For periodic maintenance of hard floors, the Proposer shall:
a. Provide reasonable notice to building management before non-routine
floor cleaning operations are commenced. The timing and method of the
notice shall be established by building management in consultation with
the Proposer.
b. Perform periodic maintenance only if sufficient floor finish exists on the
floor surface to protect the underlying flooring from being degraded
during the restoration process.
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c. When floor restoration chemicals are used, apply with mop-on or auto
scrubber methods rather than spray application.
d. Use burnishing or buffing equipment with controls or other devices
sufficient to capture and collect particulates generated during use.
For restorative hard floor maintenance, the Proposer shall:
a. Perform restoration as provided in the Janitorial Schedule.
b. Perform restoration as provided in the Janitorial Schedule.
c. Schedule floor stripping and refinishing to coincide with a period of minimum
occupancy.
d. Provide reasonable notice to building management prior to the
commencement of nonroutine floor maintenance operations. The timing and
method of the notice shall be established by building management in
consultation with the Proposer.
For routine carpet maintenance, the Contractor shall:
a. Vacuum carpets on a predetermined frequency and as needed to restore
them to a clean appearance. The minimum vacuuming schedule shall be as
provided in the Janitorial Schedule included in this RFP.
b. Periodic light carpet cleaning is necessary to maintain carpeted floors.
c. Periodic light carpet cleaning is necessary to maintain carpeted floors.
For scheduled periodic and restorative carpet cleaning, the Proposer shall:
a. Provide reasonable notice to building management before non-routine
carpet cleaning operations are commenced. Building management, in
consultation with the Proposer, shall establish the timing and method of the
notice.
b. Perform carpet extraction according to the Janitorial Schedule included in
this RFP.
c. Remove sufficient water from the carpet and provide sufficient airflow (e.g.,
use of blowers, increased outdoor air exchange) so that the carpet will dry
in less than 12 hours when cleaning carpets or performing carpet extraction.
d. Schedule carpet extraction to coincide with a period of minimum building
occupancy.
2.3E Disinfection
For cleaning operations that involve disinfection the Proposer shall:
a. Perform disinfection in areas or on surfaces where pathogens can collect
and breed, such as in restrooms or on door handles, bathroom faucets, and
other fomites. Use disinfectants only where required.
b. Perform disinfection using only EPA-registered disinfectants or EPA-
registered disinfection devices.
c. When using chemical disinfectants or cleaner/disinfectants, follow product
label directions for preparation of disinfecting solutions (e.g., dilution rate)
and the appropriate disinfecting and cleaning method for the area to be
cleaned (e.g., dwell time and whether pre-cleaning is required).
2.3F Restroom Care
For cleaning operations that involve care of restrooms, the Proposer shall:
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a. Perform restroom cleaning from high to low, toward the doorway, with dry
cleaning tasks performed prior to wet cleaning operations.
b. Daily clean and disinfect surfaces touched by hands (e.g., doorknobs, light
switches, handles, etc.); clean and disinfect more frequently as traffic
requires.
c. Control and remove standing moisture from floor and bathroom surfaces.
d. Use restroom cleaning equipment specifically for restroom cleaning only.
Restroom cleaning equipment, excepting powered equipment, shall not be
used to clean any other areas of the building.
e. Pull bathroom trash liners weekly at a minimum and disinfect the trash
receptacle.
f. Fill all drain traps monthly.
2.3G Dining Areas and Break Rooms
Requirements for the cleaning of dining areas and break rooms shall include
the following work to be performed per the Janitorial Schedule included in this
RFP:
a. Clean and sanitize surfaces in food preparation and consumption areas
daily.
b. Empty clean and sanitize waste containers likely to collect food waste daily.
2.3H Trash Collection and Recycling
Waste containers in food areas are addressed in Section 2.3G, and restrooms
are addressed in Section 2.3F. Trash collection criteria for other areas include
the following:
a. Remove trash and replace liners only when they are soiled from wet trash
or become broken or as required. Remove and dispose of trash before
weekends and holidays.
2.4 Communication Requirements
2.4A Green Cleaning Plan
To ensure the success of the building-specific green cleaning plan, the
proposer must have a communications strategy for cleaning personnel and
facility managers. The communications plan shall be developed in conjunction
with building owners, facility managers, and building occupants. The Proposer
shall:
a. Provide employees with proper initial, on-site, or site-specific and annual in-
service training.
b. Ensure that a system is in place for cleaning service employees to provide
comments and suggestions about workplace issues and suggestions for
improving service provision.
c. Communicate to the building's management or owners the presence of pests
and any maintenance issues discovered while performing cleaning
operations.
d. Provide notification to building management of any cleaning products used
in the building. This shall include a list of all chemicals that may be used. It
also shall include the name, address, and phone number of the contact
person, a statement that the contact person maintains the product labels and
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Material Safety Data Sheets (MSDSs) of each product used in the building
and information that the label or MSDSs are available for review upon
request. The contact person shall be available for information and comment.
e. Provide notification to building management of any cleaning products used
in the building. This shall include a list of all chemicals that may be used. It
also shall include the name, address, and phone number of the contact
person, a statement that the contact person maintains the product labels and
Material Safety Data Sheets (MSDSs) of each product used in the building
and information that the label or MSDSs are available for review upon
request. The contact person shall be available for information and comment.
2.5 Training Requirements
2.5A All cleaning personnel shall be trained by the Proposer in the proper
handling of chemicals, proper use and maintenance of capital equipment,
and proper cleaning procedures. In addition, the Proposer’s procurement
officers shall be trained in the selection of green cleaning materials. shall
be trained by the Proposer in the proper handling of chemicals, proper use
and maintenance of capital equipment, and proper cleaning procedures. In
addition, the Proposer’s procurement officers shall be trained in the
selection of green cleaning materials.
2.5B Upon hiring, all cleaning personnel are required to undergo initial
training by the Proposer on standard operating procedures, the proper
sequencing of cleaning steps, and the proper use of personal protective
equipment. This training may occur before personnel are assigned to a
facility, or it may be conducted at the site before beginning independent
work.
2.5C As part of initial training, all personnel are to receive standard safety
training, including focusing on reducing and preventing ergonomic injuries
and exposure to hazardous materials encountered by the Proposer and their
personnel.
2.5D Site-specific training such as providing specific job-site training
focusing on standards for the facility to which they will be assigned. Site-
specific training shall cover:
a. Facility-specific cleaning plan.
b. Tailored procedural training (e.g., servicing areas for vulnerable
populations) based on the Building-specific Green Cleaning Plan.
c. Hazardous communication standards.
2.5E All cleaning Proposer’s employees shall receive continuing training
and/or education by the Proposer on an annual basis to maintain knowledge
of correct procedures for safety, tools, techniques, and pertinent
environmental standards. For new hires, at least 12 hours of this training
must be provided upon initial employment, followed by 24 hours of in-service
training, continuing education, and/or professional development
opportunities on an annual basis. Proposer management/supervisors shall
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have at least 24 hours of in-service training and/or education on an annual
basis.
2.5F Records of training shall be maintained on each employee working in
City facilities for all training specified within this Standard. The
documentation shall include topics of what was included in the training,
including a general outline of information covered, the name and
qualifications of the trainer, and the date(s) and duration of the training or
courses. For current employees, records shall be retained for two years from
their hiring date and for one year for former employees.
2.6 City to Furnish
The City shall furnish dispensers for hand soap, tissue, paper towels,
sanitary napkins, waste receptacles, entrance mats, electrical power for
equipment, storage area for equipment and supplies, and hot and cold
water. The City will be responsible for providing hand soap, sanitary
napkins, and paper product supplies.
The storage space provided by the City in each facility should be adequate
for the Proposer’s tools, equipment, and supplies required for the
performance of the contract. The Proposer shall keep this space orderly
and clean and shall comply with all requirements for safety and fire
prevention.
Combustible materials shall not be stored in the building. Dust mops and
treated cloths shall be stored in Underwriters Laboratories approved
containers provided by the Proposer. The City will not, however, assume
any responsibility for the security of the Proposer’s equipment or supplies
while on City property.
The City will not purchase for, issue to, or lend any equipment to the
Proposer’s employees.
2.7 Proposer to Furnish
The Proposer shall furnish all labor, supervision, training, materials, and
equipment necessary to satisfactorily perform the janitorial services
specified herein at the required frequencies and during the times shown.
The general services specified are intended to include all necessary
operational steps, whether or not they are defined.
All necessary cleaning equipment, including floor scrubbing, waxing, and
polishing machines, industrial-type vacuum cleaners, spot removal kits,
carpet hot water extraction equipment, etc., needed for the performance of
the work hereunder shall be furnished by the Proposer and will meet the
specifications indicated under the General Janitorial Service Standards.
Such equipment shall be the size and type customarily used in work of this
kind and shall be approved by the City. Equipment deemed by City to be of
improper type, design, unsafe or inadequate for the purposes intended, shall
be replaced by the Proposer at the Proposer’s expense with equipment
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approved by City. Equipment will be maintained to perform the task for which
it was designed with top efficiency. Rubber safety guards, etc., will be
maintained in good repair to prevent damage to furniture and walls. The
Proposer shall also supply clear plastic liners for all trashcans within the
areas to be cleaned.
2.8 Utilities
The City shall furnish all light, power, and water necessary for the
performance of this work, as well as storage space for the Proposer’s small
equipment and materials. At night, the Proposer shall turn off the lights in all
offices after the area has been cleaned. Upon completion of all daily work,
the Proposer shall make certain that all water taps have been turned off.
2.9 Security and Safety
Reports of defective equipment, hazardous conditions, and/or security
breaches, shall be made immediately to an appropriate designated City
representative.
The Proposer shall not duplicate or attempt to duplicate keys that are issued
by the City. Any such duplication or attempt to duplicate keys shall be cause
for termination of this Contract by the City without prior notice to the
Proposer. At any time, the City may direct the Proposer to surrender, on
demand, all keys issued for the facilities. The removal of all personal
property belonging to the Proposer or any subcontractor or employee
thereof may be arranged by the Proposer by advising the City not less than
twenty-four (24) hours prior to the desired removal time of such property.
The Proposer shall maintain and supply the City with a list of all current
employees possessing or having been issued one or more keys associated
with the servicing of the facilities.
Proposer is required to comply with safety procedures as required by OSHA.
“Wet Floor” signs, “Men Working” signs etc.
The Proposer shall be responsible for keeping all office doors locked and
maintaining office security in their immediate work areas while performing
janitorial functions. The exterior doors and windows of all facilities covered
by this contract, shall be closed and locked at all times the facilities are
closed for business to prevent unauthorized access to the building(s).
2.10 Emergency Conditions
Emergency conditions, defined as a failure of a mechanical system, such as
a plumbing failure, shall be reported promptly to the Facilities Management
employee on duty in the Library or to the staff of the respective facility.
Proposer’s employees may be diverted from their regular assignments to
clean up in the event of such emergencies, including those caused by ice or
snow. No additional charges shall be made for such diversions unless extra
labor is required to meet their normal assignments.
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2.11 Performance Review and Inspections
The proposer’s supervisor or account executive shall meet with each Facility
Manager on a quarterly basis to review conformance to the terms,
conditions and specifications herein. Failure to attend quarterly meetings
may result in termination of the contract. A representative of each facility
and the Cleaning Supervisor will jointly perform cleaning inspections
monthly rating each element of the cleaning specification as “unacceptable”,
“good”, or “excellent” using a form of the table below. Any areas rece iving
unacceptable ratings must be brought up to a good rating immediately.
Areas receiving 3 or more unacceptable ratings will be cause for a full
month’s reduction in compensation commensurate with the work required in
that area.
Area Rated Rating
Unacceptable Good Excellent
2.12 Janitorial Staff
2.12A. General
All employees shall wear uniforms with their company patch and photo I.D.
Cards displayed at all times while working in the City facilities. A company
supervisor, that will speak English fluently and similarly attired with
supervisor appearing on uniform, shall be present at all times when
Proposer’s employees are performing maintenance service under this
Contract. Employees are not to disturb papers on desk, open drawers,
cabinets, files or bookcases, or use office equipment, including, but not
limited to, telephones and copiers. shall develop and maintain a set of
written guidelines or Standard
Proposer’s employees shall not use supplies and/or equipment in offices to
make coffee, nor eat or drink anything that belongs to City employees.
The Proposer’s employees shall not use or operate any of the City’s tools
or maintenance equipment to include but not limited to: computers, laptop,
fax machines, copiers, etc.
At least one English-speaking non-supervisory employee shall be present
at all times that work is being performed at the City facilities covered by this
Contract.
2.12B Compliance with Building Regulations
The employees shall comply with all regulations in effect for control of
persons entering, remaining, or leaving the building. Such regulations may,
from time to time, be changed with notification given to the Proposer by the
Facility Manager. This includes, but is not limited to, signing in and out of
the building and complying with the no smoking regulations in effect at each
of these facilities. Drinking alcoholic beverages, using illegal drugs, or
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working under the influence of either while in the buildings or in the vicinity
of the buildings will not be tolerated. Proposer’s employees found to be
drinking alcohol, using illegal drugs, or under the influence of either are
subject to immediate dismissal.
2.12C Employee Qualifications
All employees assigned by the Proposer shall be fully capable, experienced,
and trained in the work that they are employed to perform. They shall be
physically able to do their work. The Proposer must notify the City in writing
of any employee changes that last longer than a scheduled vacation period.
2.12D Clearance of Personnel
A minimum of two weeks prior to commencing work, the Proposer shall
submit to each Facility Manager, the names, home addresses, date of birth,
social security numbers, and driver’s license numbers and third-party
documentation indicating any prior felonies and all required documents
required for an I-9 form of all employees to be engaged in work specified
herein or having access to the buildings in an inspection or supervisory
capacity. Proposer shall provide to the City all required proof of eligibility to
work in the United States for each employee engaged in work herein, or
having access to the buildings in an inspection or supervisory capacity. No
employees at any time during the contract period shall commence work until
the above listed information has been submitted and approved by the City
of Evanston. The City shall have and exercise full and complete control over
granting, denying, withholding, or terminating clearances for Proposer’s
employees. Employees whom the City deems careless, discourteous,
otherwise objectionable, who cannot meet standards required for security
or other reasons (e.g. drinking alcoholic beverages or drug use prior to or
during hours of work) will be prohibited from entering the building to perform
the work and are subject to dismissal.
The Proposer understands that its employees will be working in areas of the
building where security is vital. The Proposer agrees not to employ at the
City any person who has prior conviction for a felony or any crime involving
theft or dishonesty without City’s consent, which may be withheld at the
City’s sole discretion. Proposer shall take all reasonable steps to comply
with this provision and shall promptly notify City of the arrest or conviction
of any employee of Proposer who is working in a City facility.
2.12E Bonding
All of Proposer’s employees engaged in work specified herein or having
access to the buildings in an inspecting or supervisory capacity shall be
bonded by a fidelity bond in the amount of $10,000.00. Evidence of required
employee bonds shall be submitted to the City’s Facilities Manager prior to
commencing work under this contract.
2.13 Schedule
2.13A Main Library
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All cleaning services are to be performed after the normal library closing
times, which are:
Monday through Thursday 8 P.M.
Friday through Sunday 6 P.M.
Hours are subject to change.
Arrangements may be made with Library staff to begin cleaning the fourth
floor prior to the Library Closing.
The Main Library has a seven-day-a-week cleaning contract. Please note
the tasks to be performed daily, weekly, monthly, quarterly, and annually on
the Library Janitorial Schedule. Observed holidays, including New Year's
Day, Memorial Day, Juneteenth, July 4th, Labor Day, Thanksgiving, and
Christmas, are excluded from the cleaning schedule.
Rooms used for meetings after the Library closing shall be scheduled for
cleaning so as not to interfere with the scheduled meeting. The proposer’s
employees shall complete their work by 3:00 A.M.
A day porter is required for this location from 2 to 4 P.M. daily.
2.13B Robert Crown Branch Library
All cleaning services are to be performed after the normal library closing
times, which are:
Monday through Thursday 8 P.M.
Friday through Sunday 6 P.M.
Hours are subject to change.
The Robert Crown Branch Library has a seven-day-a-week cleaning
contract. Please note the tasks to be performed daily, weekly, monthly,
quarterly, and annually on the Library Janitorial Schedule. Observed
holidays, including New Year's Day, Memorial Day, Juneteenth, July 4th,
Labor Day, Thanksgiving, and Christmas, are excluded from the cleaning
schedule.
Rooms used for meetings after the Library closing shall be scheduled for
cleaning so as not to interfere with the scheduled meeting. The proposer’s
employees shall complete their work by 3:00 A.M.
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2.14 Janitorial Schedule Main Library
FREQUENCY OF SERVICE
A D 5 W M 4 2 1
F A X E O X X X Daily = seven days a week
T I W E N Y Y Y 5 x week = Monday through Friday
E L E K T E E E 4 x year = every three months
R Y E L H A A A Afternoon = daily service of restrooms between 2 and 4 p.m.
N K Y L R R R
O Y
O
N
General Cleanup
empty all wastebaskets and recycle bins, wipe clean as necessary
replace trash can liners as needed, at least weekly
Pick up trash from floors and tables; push in all chairs after vacuuming
clean and sanitize all drinking fountains
polish drinking fountains with cleaning polish and a soft cloth
dust all furniture, filing cabinets, exposed desktops, ledges, and
windowsills with chemically treated dust cloths.
dust all reachable vertical and horizontal surfaces
dust all vertical and horizontal surfaces up to 8 feet
remove fingerprints from doors, frames, light switches, windows, etc.
remove pencil, marker and pen markings from walls and tables
Restrooms (ten total)
damp clean, sanitize*, and wipe dry all sinks
damp clean, sanitize*, and wipe dry all toilets and urinals
damp clean and sanitize* both sides of toilet seats and leave in upright
position
damp clean and polish all faucets and fixtures, including soap
dispensers
damp clean and polish all mirrors
empty all containers and replace liners
spot clean all dirt and graffiti on all surfaces
sweep and damp mop floor with detergent/deodorizing solution, then
rinse
damp clean and sanitize* diaper changing tables
damp clean and polish stainless steel partitions
damp clean and sanitize* door handles and plates
spot clean and sanitize* all tile
damp clean and sanitize* all tile
sanitize* interior and exterior of sanitary napkin and diaper disposal
units
restock all toilet tissue dispensers
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*Sanitize means disinfect with a disinfectant
Floors
sweep all non-carpeted areas using chemically treated mop, then damp
mop
damp mop and rinse all terrazzo using a neutral cleaner
damp mop and rinse linoleum in Children’s Room using a neutral
cleaner
machine polish all terrazzo with a low speed buffer
scrub and wax terrazzo (as needed in inclement weather)
strip and wax terrazzo and vinyl floors in February, April, July and
November
vacuum and spot clean carpet
vinyl floor machine polished
Carpet
steam extraction carpet cleaning of 1st (excluding children's), 2nd and
3rd flr carpeting
steam extraction carpet cleaning of 4th floor carpeting
professionally spot clean carpet
professionally clean Neoflor carpet in Children's Room and 3rd floor Loft
Entrances (five sets of doors, 12 doors total)
clean both sides of all lobby glass and doors
clean and polish all frames and hardware
Doors
Clean glass with glass cleaner
damp wipe door/window frames
Elevators (three total)
vacuum door tracks on each floor
sweep, damp mop with neutral cleaner, and rinse floors
damp mop using a neutral cleaner and rinse all terrazzo
machine polish all terrazzo with a low speed buffer
strip and wax terrazzo
spot clean walls, ceilings and doors as needed
wash inside walls
polish stainless steel doors and frames
Walls
spot clean all walls (graffiti to be removed daily)
dust or vacuum walls to remove cobwebs, dust, etc.
dust ceiling vents
Deep clean ceiling vents annually
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Book Shelves, Wood Endpanels and Topcaps
dust all fronts of metal and wood shelves with chemically treated cloths
dust all exposed flat metal and wood shelves with chemically treated
cloths
dust all wood endpanels and topcaps on shelving
polish all wooden endpanels and topcaps
Offices/Public Areas
dust all desks and tables where cleared of papers
dust sides of desks and file cabinets
damp wipe all desks, tables, and countertops cleared of papers
general vacuuming of all carpeted areas
detailed vacuuming underneath all desks, tables, etc.
clean and disinfect with a disinfectant all telephones
clean Conference Room marker boards (3) with white board cleaner
Furniture
vacuum thoroughly all upholstered furniture
dust all hard-surfaced furniture
wipe clean with a damp cloth all tables, carrels, desks, chairs
wash with a damp cloth and polish all hard-surfaced furniture
Children's Room
Clean Plexiglas with an appropriate and approved cleaner
Vacuum all floor and seat cushions, including underneath cushions
damp clean, sanitize*, and wipe dry craft area sink
damp clean and sanitize all platforms (kinderspring, gazebo, mac's
garden, garden gates)
damp clean, sanitize* restroom door handles and plates
Sweep and damp mop red linoleum floor
Main Stairwell
sweep, damp mop with a neutral cleaner, then rinse the entire main
stairwell
damp wipe handrail
dust metal railing, including metal lobby partition with a treated cloth
clean scuff marks from stair risers
Janitorial Closet
keep clean, neat, and organized
keep clear of odiferous (smelly) mops and products
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Two Kitchens/Lunch Room
damp clean and sanitize all table and countertops
empty all trash receptacles
damp clean and sanitize all trash receptacles
damp clean and sanitize two microwave ovens inside and out
sweep and damp mop vinyl floors
vinyl floor machine polished
all vinyl flooring stripped, sealed and waxed with two coats
clean exterior of all appliances
Window Blinds
dust all venetian blinds
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2.15 Janitorial Schedule Robert Crown Library
FREQUENCY OF SERVICE
A D 5 W M 4 2 1
F A X E O X X X Daily = seven days a week
T I W E N Y Y Y 5 x week = Monday through Friday
E L E K T E E E 4 x year = every three months
R Y E L H A A A Afternoon = daily service of restrooms between 2 and 4 p.m.
N K Y L R R R
O Y
O
N
General Cleanup
empty all wastebaskets and recycle bins, and wipe clean as necessary
replace trash can liners as needed, at least weekly
Pick up trash from floors and tables; push in all chairs after vacuuming
clean and sanitize all drinking fountains
polish drinking fountains with cleaning polish and a soft cloth
dust all furniture, filing cabinets, exposed desktops, ledges, windowsills
with chemically treated dust cloths.
dust all reachable vertical and horizontal surfaces
dust all vertical and horizontal surfaces up to 8 feet
remove fingerprints from doors, frames, light switches, windows, etc.
remove pencil, marker and pen markings from walls and tables
Restrooms (No restrooms)
damp clean, sanitize*, and wipe dry all sinks
damp clean, sanitize*, and wipe dry all toilets and urinals
damp clean and sanitize* both sides of toilet seats and leave in upright
position
damp clean and polish all faucets and fixtures, including soap
dispensers
damp clean and polish all mirrors
empty all containers and replace liners
spot clean all dirt and graffiti on all surfaces
sweep and damp mop floor with detergent/deodorizing solution, then
rinse
damp clean and sanitize* diaper changing tables
damp clean and polish stainless steel partitions
damp clean and sanitize* door handles and plates
spot clean and sanitize* all tile
damp clean and sanitize* all tile
sanitize* interior and exterior of sanitary napkin and diaper disposal
units
restock all toilet tissue dispensers
*Sanitize means disinfect with a disinfectant
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Floors
sweep all non-carpeted areas using chemically treated mop, then damp
mop
damp mop and rinse all terrazzo using a neutral cleaner
damp mop and rinse linoleum in Children’s Room using a neutral
cleaner (N/A)
machine polish all tile with a low speed buffer
scrub and clean laminate floors (as needed in inclement weather)
strip and wax tile and vinyl floors in February, April, July and November
vacuum and spot clean carpet
vinyl floor machine polished
Carpet
steam extraction carpet cleaning library public area
steam extraction carpet cleaning of the staff area
professionally spot clean carpet
Entrances (4 doors total)
clean both sides of all lobby glass, doors, and meeting rooms.
clean and polish all frames and hardware
Doors
Clean glass with glass cleaner
damp wipe door/window frames
Elevators (N/A)
vacuum door tracks on each floor
sweep, damp mop with neutral cleaner, and rinse floors
damp mop using a neutral cleaner and rinse all terrazzo
machine polish all terrazzo with a low speed buffer
strip and wax terrazzo
spot clean walls, ceilings and doors as needed
wash inside walls
polish stainless steel doors and frames
Walls
spot clean all walls (graffiti to be removed daily)
dust or vacuum walls to remove cobwebs, dust, etc.
dust ceiling vents
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Book Shelves, Wood Endpanels and Topcaps
dust all fronts of metal and wood shelves with chemically treated cloths
dust all exposed flat metal and wood shelves with chemically treated
cloths
dust all wood endpanels and topcaps on shelving
polish all wooden endpanels and topcaps
Offices/Public Areas
dust all desks and tables where cleared of papers
dust sides of desks and file cabinets
damp wipe all desks, tables, and countertops cleared of papers
general vacuuming of all carpeted areas
detailed vacuuming underneath all desks, tables, etc.
clean and disinfect with a disinfectant all telephones
clean Conference Room marker boards (3) with white board cleaner
Furniture
vacuum thoroughly all upholstered furniture
dust all hard-surfaced furniture
wipe clean with a damp cloth all tables, carrels, desks, chairs
wash with a damp cloth and polish all hard-surfaced furniture
Children's Room
Clean Plexiglas with an appropriate and approved cleaner
Vacuum all floor and seat cushions, including underneath cushions
damp clean, sanitize*, and wipe dry craft area sink
damp clean and sanitize all platforms (kinderspring, gazebo, mac's
garden, garden gates)
damp clean, sanitize* restroom door handles and plates
Sweep and damp mop red linoleum floor
Main Stairwell
sweep, damp mop with a neutral cleaner, then rinse the entire main
stairwell
damp wipe handrail
dust metal railing, including metal lobby partition with a treated cloth
clean scuff marks from stair risers
Janitorial Closet
keep clean, neat, and organized
keep clear of odiferous (smelly) mops and products
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Kitchen/Lunch Room
damp clean and sanitize all table and countertops
empty all trash and recycle receptacles
damp clean and sanitize all trash and recycle receptacles
damp clean and sanitize microwave ovens inside and out
sweep and damp mop vinyl floors
vinyl floor machine polished
all vinyl flooring stripped, sealed and waxed with two coats
clean exterior of all appliances
Window Blinds
dust all blinds
Dust/clean Air vents
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3.0 INSURANCE
Consultant shall carry and maintain at its own cost with such companies as are
reasonably acceptable to City all necessary liability insurance (which shall include as
a minimum the requirements set forth below) during the term of this Agreement, for
damages caused or contributed to by Consultant, and insuring Consultant against
claims which may arise out of or result from Consultant’s performance or failure to
perform the Services hereunder.
The consultant must provide an insurance certificate naming the City of Evanston as
an additional insured and will provide a variety of insurances including:
▪ comprehensive general liability - $3,000,000 combined single limit for
each occurrence for bodily injury and property damage – designating the
City as Additional Insured
▪ Workers Compensation - Statutory Limits
▪ Automobile Liability - $1,000,000 per occurrence for all claims arising
out of bodily injuries or death and property damages.
▪ errors and omissions or professional liability insurance - $1,000,000
The surety and the insurance company must have not less than an A+ rating from
the Alfred M. Best Co., Inc. and be approved by the City of Evanston.
Consultant’s certificate of insurance shall contain a provision that the coverage
afforded under the policy(s) will not be canceled or reduced without thirty (30) days
prior written notice (hand delivered or registered mail) to City.
4.0 SUBMITTAL REQUIREMENTS
The City will no longer accept hard copy paper submittals for any solicitation.
Responses will only be accepted electronically via E-bidding through DemandStar.
Respondents are still required to complete all of the bid documents and provide all of
the requested information in a pdf file(s). Please refer to attached DemandStar e-
bidding documents.
ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT
BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her
proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR
IMCOMPLETE UPLOADED SUBMITTALS..
A. Cover Letter
The cover letter will include the following:
• introduction of firm signed by an authorized Principal of the firm
• name of firm
• address of firm
• phone number of the firm submitting the proposal
• include the name and signature of an authorized binding official who
is authorized to answer questions regarding the firm’s proposal
B. Qualifications and Experience of Firm and/or Team
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All respondents shall describe other contracts (at least 5, but no more
than10) similar in scope, size or discipline to the required services
described herein, performed or undertaken within the past five years.
The respondent must provide references, including name, address and
telephone number of a contact person for each project identified and
described.
Indicate commencement dates, duration and type of operation.
Provide a list of all Municipal clients in Illinois.
C. Area/Regional Manager(s)
Clearly identify the professional staff person(s) who would be assigned as your
Area/Regional Manager(s) and provide resumes. The proposal should indicate
the abilities, qualifications and experience of these individuals.
D. Fees
Provide a copy of your fees/prices on the attached price/costs form (see pages
36 and 37).
E. Contract
The City has attached its standard contract in Exhibit J (see page 51– Professional
Services Agreement). Identify all exceptions to the agreement that would prevent
your Firm from executing it. The City shall not consider or negotiate regarding
exceptions submitted at any time after the submission of the Proposer’s response.
5.0 ADDITIONAL SUBMISSION REQUIREMENTS
Proposers shall submit copies of:
● Proposed cleaning products and chemicals
● Human resource allocations, including hours per facility
● Proposed periodic maintenance schedule
6.0 M/W/D/EBE GOALS
The City has a goal of 25% of the contract amount for the participation and utilization
of Minority-Owned, Women-Owned, Disadvantaged and Evanston-based
businesses (M/W/D/EBEs) in completing a portion of the services required by the
City. All respondents must submit a statement of the proposed involvement of
M/W/D/EBEs in completing a portion of the required services. Provide a copy of the
certification for M/W/D/EBEs that will assist in achieving the M/W/D/EBE goal with
your submittal as well as the appropriate M/W/D/EBE forms or Request for Waiver.
Any questions regarding M/W/D/EBE compliance should be submitted in writing to
Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org.
7.0 EVALUATION CRITERIA
The City will select the successful firm through an evaluation process based on the
firm meeting the specifications which are outlined in this RFP. A review committee
will review in detail all proposals that are received. During the evaluation process, the
City may require a Proposer’s representative to answer questions with regard to the
proposal and/or make a formal presentation to the review committee. The review
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committee will make a recommendation to award the contract based on the criteria
set forth below. This contract will be forwarded to the City Council for final approval.
The evaluation criteria listed below will be used in the selection of the successful
Proposer.
A. Qualifications and Expertise
B. Price
C. Organization and Completeness of Proposal
D. Willingness to Execute the City of Evanston’s Professional Services
Agreement
E. M/W/D/EBE Participation
8.0 SELECTION PROCESS
The City will select a firm on the basis of the responsiveness of the proposal to the
RFP submittal requirements, the evaluation criteria stated above and the
demonstrated willingness to execute an acceptable written contract. The City
reserves the right to reject any or all proposals, and to request written clarification of
proposals and supporting materials from the Proposer.
While it is the intent of the City to award a single firm, the City reserves the right to
award in part or in whole and to select multiple firms and/or individuals, depending
on whichever decision is deemed to be most advantageous to the City.
Responses may be rejected if the firm fails to perform any of the following:
A. Adhere to one or more of the provisions established in this Request for Proposal.
B. Demonstrate competence, experience, and the ability to provide the services
described in this Request for Proposal.
C. Submit a response on or before the deadline and complete all required forms.
D. To fulfill a request for an oral presentation.
E. To respond to a written request for additional information.
Discussions and/or interviews may be conducted with responsible firms that have
submitted proposals in order to clarify certain elements. All proposals shall be
afforded fair and equal treatment with respect to any opportunity for clarification. In
conducting discussion, there shall be no disclosure of information derived from
proposals submitted by competing firms. The selection shall be done by the City’s
review committee and will be recommended to the City Council for final approval.
If the City is unable to reach any sort of agreement with the selected firm, the City
will discontinue negotiations with the selected firm and begin negotiations with the
firm ranked second and so on until agreement is reached.
The firm to be recommended to the City Council will be the one whose proposal is
determined to be the most advantageous to the City in consideration of price and all
other evaluation factors which are set forth in this Request for Proposal No other
factors or criteria not listed in this RFP shall be used in the evaluation.
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9.0 PROPOSED SCHEDULE
The tentative schedule for this RFP and project process is as follows:
1. RFP issued ..................................................... October 3, 2024
2. Non-mandatory Pre-Proposal Conference
and walk thru .................................................. October 9, 2024
3. Last Day to submit questions ......................... October 18, 2024
4. Final Addendum Issued.................................. October 24, 2024
5. RFP Submission Due Date ............................ November 5, 2024
6. Library Board Award of Contract .................... November 20, 2024
7. Contract Effective ........................................... February 1, 2025
10.0 QUESTIONS REGARDING RFP
All questions related to this RFP should be submitted in writing to Linda Thomas,
Purchasing Specialist at lithomas@cityofevanston.org with a copy to Yolande
Wilburn at ywilburn@cityofevanston.org
11.0 GENERAL TERMS AND CONDITIONS
A. Confidentiality
In connection with this Agreement, City may provide Consultant with information
to enable Consultant to render the Services hereunder, or Consultant may
develop confidential information for City. Consultant agrees (i) to treat, and to
obligate Consultant’s employees to trea t, as secret and confidential all such
information whether or not identified by City as confidential, (ii) not to disclose any
such information or make available any reports, recommendations and /or
conclusions which Consultant may make for City to any person, firm or
corporation or use the same in any manner whatsoever without first obtaining
City’s written approval, and (iii) not to disclose to City any information obtained by
Consultant on a confidential basis from any third party unless Consultant shall
have first received written permission from such third party to disclose such
information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within
limited statutory timeframes (five (5) working days with a possible five (5) working
day extension). Upon notification from the City that it has received a Freedom of
Information Act request that calls for records within the Consultant’s control, the
Consultant shall promptly provide all requested records to the City so that the City
may comply with the request within the required timeframe. The City and the
Consultant shall cooperate to determine what records are subject to such a
request and whether or not any exemption to the disclosure of such records or
part thereof is applicable.
The Purchasing Specialist will endeavor to advise the firm of any request for the
disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”,
or “PROPRIETARY”, and give the firm or other submitting party the opportunity
to seek a court order to protect such materials from disclosure. If the requested
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material was submitted by a party other than the firm, then the firm shall be solely
responsible for notifying the submitting party of the request. The City’s sole
responsibility is to notify the firm of the request for disclosure, and the City shall
not be liable for any damages resulting out of such disclosure, whether such
disclosure is deemed required by law, by an order of court or administrative
agency, or occurs through inadvertence, mistake, negligence on the part of the
City or its officers, or employees.
B. Withdrawal of Proposal
Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be
attained by written request; however, no offer can be withdrawn within the ninety
(90) day period which occurs after the time is set for closing. Proposers who
withdraw their proposals prior to the designated date and time may still submit
another proposal if done in accordance with the proper time frame.
C. Exceptions to Specifications
Exceptions to these specifications shall be listed and explained on a separate
page titled “Exceptions to Specifications”, which shall be prepared by the
Proposer. This page shall then be attached to these documents and submitted at
the same time as the proposal. Each exception must refer to the page number
and paragraph to which it is relevant. The nature and reasoning of each exception
shall be explained in its entirety. Any exceptions to these specifications may be
cause for rejection of the proposal.
D. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City and its officers,
elected and appointed officials, agents, and employees from any and all liability,
losses, or damages as a result of claims, demands, suits, actions, or proceedings
of any kind or nature, including but not limited to costs, and fees, including
attorney’s fees, judgments or settlements, resulting from or arising out of any
negligent or willful act or omission on the part of the Consultant or Consultant’s
sub-contractors, employees, agents or sub-contractors during the performance of
this Agreement. Such indemnification shall not be limited by reason of the
enumeration of any insurance coverage herein provided. This provision shall
survive completion, expiration, or termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its officers,
agents, or employees, from defending through the selection and use of their own
agents, attorneys, and experts, any claims, actions or suits brought against them.
The Consultant shall be liable for the costs, fees, and expenses incurred in the
defense of any such claims, actions, or suits. Nothing herein shall be construed
as a limitation or waiver of defenses available to the City and employees and
agents, including but not limited to the Illinois Local Governmental and
Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits brought
upon all such Losses and must pay all costs and expenses incidental to them, but
the City has the right, at its option, to participate, at its own cost, in the defense
of any suit, without relieving Consultant of any of its obligations under this
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Agreement. Any settlement of any claim or suit related to this Agreement by
Consultant must be made only with the prior written consent of the City
Corporation Counsel, if the settlement requires any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the amount of
its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Consultant that may be subject
to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other
related law or judicial decision, including but not limited to, Kotecki v. Cyclops
Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive
any limitations it may have on its liability under the Illinois Workers Compensation
Act, the Illinois Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or remedy work
performed under this Agreement resulting from or arising out of any act or
omission, neglect, or misconduct in the performance of its Work or its sub-
consultants’ work. Acceptance of the work by the City will not relieve the
Consultant of the responsibility for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
therefrom. All provisions of this Section shall survive completion, expiration, or
termination of this Agreement.
E. Addenda
Any and all changes to these documents are valid only if they are included via
written addendum to all respondents. Each respondent should acknowledge
receipt of any addenda by indicating same in their proposal submission. Each
respondent acknowledging receipt of any addenda is responsible for the contents
of the addenda and any changes to the proposal therein. Failure to acknowledge
any addenda may cause the proposal to be rejected. Addenda information is
available over the internet at City of Evanston Notices & Documents or
www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935.
F. Term
The contract is for three (3) years with two (2) additional one (1) year renewal options.
The City may terminate a contract for either cause or convenience.
G. Non-Appropriation of Funds
The City of Evanston reserves the right to terminate in whole or in part of the
contract in the event that insufficient funds to complete the contract are
appropriated by Evanston City Council.
H. Property of the City
All discoveries and documents produced as a result of any service or project
undertaken on behalf of the City of Evanston shall become the property of the
City.
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I. Payment Terms
The consultant shall submit invoices detailing the services provided, project,
professional staff, and hours. Payment shall be made in accordance with the
Local Government Prompt Payment Act. Please note that failure to provide a
detailed invoice could result in delay of payment and include termination of any
agreement.
J. Disclosures and Potential Conflicts of Interest
The City of Evanston’s Code of Ethics prohibits public officials or employees from
performing or participating in an official act or action with regard to a transaction
in which he has or knows he will thereafter acquire an interest for profit, without
full public disclosure of such interest. This disclosure requirement extends to the
spouse, children and grandchildren, and their spouses, parents and the parents
of a spouse, and brothers and sisters and their spouses.
To ensure full and fair consideration of all proposals, the City of Evanston requires
all Proposers including owners or employees to investigate whether a potential or
actual conflict of interest exists between the Proposer and the City of Evanston,
its officials, and/or employees. If the Proposer discovers a potential or actual
conflict of interest, the Proposer must disclose the conflict of interest in its
proposal, identifying the name of the City of Evanston official or employee with
whom the conflict may exist, the nature of the conflict of interest, and any other
relevant information. The existence of a potential or actual conflict of interest does
NOT, on its own, disqualify the disclosing Proposer from
consideration. Information provided by Proposers in this regard will allow the City
of Evanston to take appropriate measures to ensure the fairness of the proposal
process.
The City requires all Proposers to submit a certification, enclosed with this RFP,
that the Proposer has conducted the appropriate investigation and disclosed all
potential or actual conflicts of interest.
K. Protests
Any actual or prospective Proposer, who is aggrieved in connection with the
solicitation or award of a contract, may protest to the Purchasing Office. The
protest shall be submitted in writing within ten (10) calendar days after such
aggrieved person knows or should have known of the facts giving rise thereto.
▪ The Proposer shall submit any protests or claims regarding this
solicitation to the Purchasing Office.
▪ A pre-bid protest must be filed five (5) days before the bid opening or
proposal submittal.
▪ A pre-award protest must be filed no later than ten (10) days after the
bid opening date or proposal deadline.
▪ A post-award protest must be filed no later than ten (10) days after the
award of the Contract.
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All claims by a Proposer against the City relating to a contract shall be submitted
in writing to the Purchasing Specialist. The City will only consider protests that
are properly and timely submitted.
All protests or claims must set forth the name and address of the protester, the
contract number, the grounds for the protest or claim, and the course of action
that the protesting party desires the Purchasing Specialist to take. Statements
shall be sworn and submitted under penalty of perjury.
L. Authority To Resolve Protests And Contract Claims
Protests: The Purchasing Specialist shall have the authority to consider and
resolve a protest of an aggrieved Proposer, actual or prospective, concerning the
solicitation or award of a contract. The City shall issue a written decision and that
decision is final.
Contract Claims: The Purchasing Specialist, after consulting with Corporation
Counsel, shall have the authority to resolve contract claims, subject to the
approval of the City Manager or City Council, as applicable, regarding any
settlement that will result in a change order or contract modification.
Each Proposer, by submitting a response to this RFP, expressly recognizes the
limitations on its rights to protest provided in this Section and expressly waives all
other rights and remedies and agrees that the decision on the protest is final and
conclusive. If a Proposer disregards, disputes or does not follow the exclusive
protest remedies provided in this Section, it shall indemnify and hold the City and
its officers, employees, agents and consultants harmless from and against all
liabilities, fees and costs, including legal and consultant fees and costs, and
damages incurred or suffered as a result of such Proposer’s actions. Each
Proposer, by submitting a response to this RFP, shall be deemed to have
irrevocably and unconditionally agreed to this indemnity obligation.
M. Litigation
For purposes of this Section, the following terms are defined as follows:
“issue” means any prior or pending litigation or investigation, either civil or
criminal, or any governmental agency action or proceeding (the “issue”), which
may affect the performance of the services to be rendered herein. For purposes
of this Section, an “issue” shall also include any criminal, civil, or administrative
penalty or finding imposed against any covered individual. An issue occurring
within seven (7) years of the date preceding the date of the Proposer’s response
shall be disclosed by the Proposer.
“covered individual” means any principal, president, managing partner, or vice -
president, affiliated in anyway with the Firm, and the Firm’s employees or sub-
contractors.
All proposers shall identify and describe with particularity any issue. The City,
and not Proposer, has the sole discretion to determine whether an issue may
affect the performance of the services. Failure of any Proposer to comply with
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this mandatory obligation shall, at the City’s sole discretion, result in the
Proposer’s response being deemed non-responsive and not responsible. Failure
of any Proposer to comply with the obligation specified herein may result in the
voiding any subsequent contract award to Proposer if the City discovers upon the
exercise of its customary due diligence that Proposer failed to comply with the
mandatory obligation in this Section. The City reserves all rights to take any other
actions in the case of a Proposer’s non-compliance with this Section.
N. Sub-contractors
If any firm submitting a proposal intends on sub-contracting out all or any portion
of the engagement, that fact, and the name of the proposed sub-contracting
firm(s) must be clearly disclosed in the proposal. Following the award of the
contract, no additional sub-contracting will be allowed without the prior written
consent of the City of Evanston.
O. Contact with City Personnel
All Proposers are prohibited from making any contact with the City Manager, City
Council, or any other official or employee of the City with regard to the Project,
other than in the manner and to the person(s) designated herein. The Purchasing
Specialist reserves the right to disqualify any Proposer found to have contacted
City Personnel in any manner with regard to the Project. Additionally, if it is
determined that the contact with City Personnel was in violation of any provision
of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s
Attorney for review and prosecution.
P. Costs Incurred
The City of Evanston assumes no responsibility or liability for costs incurred by
the Proposer prior to the execution of a contract. This includes costs incurred by
the Proposer as a result of preparing a response to this RFP.
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MAIN LIBRARY COST FORM
Complete the following labor projections for your firm:
I (we) the undersigned hereby propose to furnish all necessary materials, equipment and
labor to perform janitorial services in accordance with these specifications at the Evanston
Public Library for the following costs:
Supervisor:
Hourly wage: $_____ Hours/Month______hrs Cost/Month: $_______
Janitorial Staff:
Hourly wage: $_____ Hours/Month______hrs Cost/Month: $_______
Monthly Cost Proposal Totals:
Labor $_______
Supplies $_______
Equipment $_______
Overhead $_______
Profit $_______
Taxes $_______
Insurance $_______
Other (describe) $_______
Other (describe) $_______
Monthly Bank for periodic cleaning/Deep cleaning $_______
Total Monthly Cost $_______ (sum of above)
Total Annual Cost (each year) $__________________
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ROBERT CROWN LIBRARY COST FORM
Complete the following labor projections for your firm:
I (we) the undersigned hereby propose to furnish all necessary materials, equipment and
labor to perform janitorial services in accordance with these specifications at the Evanston
Public Library for the following costs:
Supervisor:
Hourly wage: $_____ Hours/Month______hrs Cost/Month: $_______
Janitorial Staff:
Hourly wage: $_____ Hours/Month______hrs Cost/Month: $_______
Monthly Cost Proposal Totals:
Labor $_______
Supplies $_______
Equipment $_______
Overhead $_______
Profit $_______
Taxes $_______
Insurance $_______
Other (describe) $_______
Other (describe) $_______
Monthly Bank for periodic cleaning/Deep cleaning $_______
Total Monthly Cost $_______ (sum of above)
Total Annual Cost (each year) $__________________
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Exhibit A
DISCLOSURE OF OWNERSHIP INTERESTS
The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking
to do business with the City to provide the following information with their proposal. Every
question must be answered. If the question is not applicable, answer with "NA".
APPLICANT NAME: ______________________________________
APPLICANT ADDRESS: ______________________________________
TELEPHONE NUMBER: ______________________________________
FAX NUMBER: ______________________________________
APPLICANT is (Check One)
( ) Corporation
( ) Partnership
( ) Sole Owner
( ) Association
Other ( ) ________________________________________________________
Please answer the following questions on a separate attached sheet if necessary.
SECTION I - CORPORATION
1a. Names and addresses of all Officers and Directors of Corporation.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
1b. (Answer only if corporation has 33 or more shareholders.)
Names and addresses of all those shareholders owning shares equal to or in excess of
3% of the proportionate ownership interest and the percentage of shareholder interest.
(Note: Corporations which submit S.E.C. form 10K may substitute that statement for the
material required herein.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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1c. (Answer only if corporation has fewer than 33 shareholders.)
Names and addresses of all shareholders and percentage of interest of each herein.
(Note: Corporations which submit S.E.C. form 10K may substitute that statement for the
material requested herein.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE
2a. The name, address, and percentage of interest of each partner whose interests therein,
whether limited or general, is equal to or in excess of 3%.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2b. Associations: The name and address of all officers, directors, and other members with
3% or greater interest.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SECTION 3 - TRUSTS
3a. Trust number and institution.
______________________________________________________________________
3b. Name and address of trustee or estate administrator.
______________________________________________________________________
______________________________________________________________________
3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity.
______________________________________________________________________
______________________________________________________________________
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SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE
4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent
or nominee, and give the name and address of principal.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other
"holding" entity not an individual, state the names and addresses of all parties holding
more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b),
1(c), 2(a), and 2(b).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another
party, give name and address of party with constructive control. ("Constructive control"
refers to control established through voting trusts, proxies, or special terms of venture of
partnership agreements.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
I have not withheld disclosure of any interest known to me. Information provided is accurate and
current.
______________________ ______________________________________
Date Signature of Person Preparing Statement
______________________________________
Title
ATTEST: ____________________________
Notary Public
(Notary Seal)
Commission Expires: _____________________
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EXHIBIT B
ADDITIONAL INFORMATION SHEET
Proposal Name: _______________________________________________
Proposal Number #: _________________________________________________
Company Name: __________________________________________________
Contact Name: ___________________________________________________
Address: ________________________________________________________
City,State, Zip: ____________________________________________________
Telephone/FAX: #_________________________________________________
E-mail: __________________________________________________________
Comments: _____________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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Exhibit C
CONFLICT OF INTEREST FORM
___________________________________________________, hereby certifies that it has
conducted an investigation into whether an actual or potential conflict of interest exists
between the bidder, its owners and employees and any official or employee of the City of
Evanston.
Proposer further certifies that it has disclosed any such actual or potential conflict of interest
and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of
interest, the City of Evanston may disqualify the bid/proposal.
______________________________________________________________________
(Name of Bidder/Proposer if the Bidder/Proposer is an Individual)
(Name of Partner if the Bidder/Proposer is a Partnership)
(Name of Officer if the Bidder/Proposer is a Corporation)
The above statements must be subscribed and sworn to before a notary public. Subscribed
and Sworn to this _____ day of ______________, 20
Notary Public
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid / proposal.
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Exhibit D
ACKNOWLEDGEMENT OF UNDERSTANDING
THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED
The undersigned hereby certifies that they have read and understand the contents of this
solicitation and attached service agreements, and agree to furnish at the prices shown
any or all of the items above, subject to all instructions, conditions, specifications and
attachments hereto. Failure to have read all the provisions of this solicitation shall not be
cause to alter any resulting contract or to accept any request for additional compensation.
By signing this document, the Proposer hereby certifies that they are not barred from
bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720
ILCS S/33E-3, 33E-4).
Authorized
Signature:
Company
Name:
Typed/Printed
Name:
Date:
Title:
Telephone
Number:
Email:
Fax
Number:
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Exhibit E
ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION
______________________________________, being first duly sworn,
deposes and says that he is ________________________________________
(Partner, Officer, Owner, Etc.)
of ________________________________
(Proposer)
The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or
sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly,
with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person; to fix the bid price element of said bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in the
proposed contract.
The undersigned certifies that he is not barred from bidding on this contract as a result of a
conviction for the violation of State laws prohibiting bid-rigging or bid-rotating.
(Name of Bidder if the Bidder is an Individual)
(Name of Partner if the Bidder is a Partnership)
(Name of Officer if the Bidder is a Corporation)
The above statements must be subscribed a sworn to before a notary public.
Subscribed and Sworn to this ________ day of _____________________, 20
__________________________________________
Notary Public
Commission Expires: ________________________
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid.
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EXHIBIT F
CITY OF EVANSTON M/W/D/EBE POLICY
A City of Evanston goal is to provide contracting and sub-contracting opportunities to Minority
Business Enterprises, Women Business Enterprises, Disadvantaged and Evanston Business
Enterprises. The goal of the Minority, Women, Disadvantaged and Evanston Business
Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. To
assist such growth, the City’s goal is to have general contractors utilize M/W/D/EBEs to
perform no less than 25% of the awarded contract.
Firms bidding on projects with the City must work to meet the 25% goal or request a waiver
from participation. It is advised that bidders place advertisements requesting sub-contractors
and that they email or contact individual firms that would be appropriate to partner in response
to the project. For samples of possible advertisements, see the City of Evanston’s Business
Diversity Section http://www.cityofevanston.org/business/business-diversity/ (Sample
Advertisement ). If you request a paper copy of the additional documents, it will be available
free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201.
If a bidder is unable to meet the required M/W/D/EBE goal, the Bidder must seek a waiver or
modification of the goal on the attached forms. Bidder must include:
1. A narrative describing the Bidder’s efforts to secure M/W/D/EBE participation prior
to the bid opening.
2. Documentation of each of the assist agencies that were contacted, the date and
individual who was contacted, and the result of the conversation (see form)
3. A letter attesting to instances where the bidder has not received inquiries/proposals
from qualified M/W/D/EBEs
4. Names of owners, addresses, telephone numbers, date and time and method of
contact of qualified M/W/D/EBE who submitted a proposal but was not found
acceptable.
5. Names of owners, addresses, telephone numbers, date and time of contact of at
least 15 qualified M/W/D/EBEs the bidder solicited for proposals for work directly
related to the Bid prior to the bid opening (copies must be attached).
If a bidder is selected with a Sub-contractor listed to meet the M/W/D/EBE goal, a “monthly
utilization report” will be due to the City prior to each payment being issued to the Contractor.
This report will include documentation of the name of the firm hired, the type of work that firm
performed, etc. Should the M/W/D/EBE not be paid according to the schedule proposed in
this document, the City reserves the right to cancel the contract. Examples of this monthly
form can be found on the City’s website: http://www.cityofevanston.org/business/business-
diversity/ (MWDEBE Monthly Utilization Report).
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EXHIBIT G
M/W/D/EBE PARTICIPATION COMPLIANCE FORM
I do hereby certify that
_________________________________________________ (Name of firm) intends to
participate as a Subcontractor or General Contractor on the project referenced above.
This firm is a (check only one):
______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and
controlled by a minority, certified by a certifying agency within Illinois.
______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and
controlled by a woman, certified by a certifying agency within Illinois.
______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51% managed
and controlled by a disadvantaged, certified by a certifying agency within Illinois.
______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of
one year and which performs a “commercially useful function”.
Total proposed price of response $_____________________
Amount to be performed by a M/W/D/EBE $_____________________
Percentage of work to be performed by a M/W/D/EBE _____________________%
Information on the M/W/D/EBE Utilized:
Name __________________________________________________________
Address ____________________________________________________
Phone Number
Signature of firm attesting to participation ____________________________
Title and Date ____________________________________________________
Type of work to be performed ________________________________________
Please attach:
1. Proper certification documentation if applying as a M/W/DBE and check the
appropriate box below. This M/W/DBE will be applying with documentation from:
❑ Cook County State Certification
Federal Certification Women’s Business Enterprise National Council
City of Chicago Chicago Minority Supplier Development Council
2. Attach business license if applying as an EBE
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EXHIBIT G
M/W/D/EBE UTILIZATION SUMMARY REPORT
The following Schedule accurately reflects the value of each MBE/WBE/DBE/EBE sub-
agreement, the amounts of money paid to each to date, and this Pay Request. The total
proposed price of response submitted is _____________________.
MBE/WBE/DBE/EBE
FIRM NAME
FIRM TYPE
(MBE/WBE/
DBE/EBE)
SERVICES
PERFORMED
AMOUNT OF
SUB-
CONTRACT
PERCENT OF
TOTAL
CONTRACT
AMOUNT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
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Exhibit H
M/W/D/EBE PARTICIPATION WAIVER REQUEST
I am ___ of _____, and I have authority to
(Title) (Name of Firm)
execute this certification on behalf of the firm. I ___________ do
(Name)
hereby certify that this firm seeks to waive all or part of this M/W/D/EBE paritcipation goal
for the following reason(s):
(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE
ATTACHED.)
______ 1. No M/W/D/EBEs responded to our invitation to bid.
______ 2. An insufficient number of firms responded to our invitation to bid.
For #1 & 2, please provide a narrative describing the outreach efforts
from your firm and proof of contacting at least 15 qualified M/W/D/EBEs
prior to the bid opening. Also, please attach the accompanying form
with notes regarding contacting the Assist Agencies.
______ 3. No sub-contracting opportunities exist.
Please attach a written explanation of why sub-contracting is not feasible.
Please provide details supporting your request.
______ 4. M/W/D/EBE participation is impracticable.
Please attach a written explanation of why M/W/D/EBE participation is
impracticable. Please provide details supporting your request.
Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%.
Signature: Date:
(Signature)
EXHIBIT I
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M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form
AGENCY DATE
CONTACTED
CONTACT
PERSON
RESULT OF
CONVERSATION
Association of Asian Construction
Enterprises (AACE)
5500 Touhy Ave., Unit K
Skokie, IL. 60077
Phone: 847-525-9693
Perry Nakachii, President
Black Contractors United (BCU)
400 W. 76th Street
Chicago, IL 60620
Phone: 773-483-4000;
Fax: 773-483-4150
Email: bcunewera@ameritech.net
Chicago Minority Business
Development Council
105 West Adams Street
Chicago, Illinois 60603
Phone: 312-755-8880;
Fax: 312-755-8890
Email: info@chicagomsdc.org
Shelia Hill, President
Evanston Minority Business
Consortium, Inc.
P.O. Box 5683
Evanston, Illinois 60204
Phone: 847-492-0177
Email: embcinc@aol.com
Federation of Women Contractors
5650 S. Archer Avenue
Chicago, Illinois 60638
Phone: 312-360-1122;
Fax: 312-360-0239
Email: FWCChicago@aol.com
Contact Person: Beth Doria
Maureen Jung, President
Hispanic American Construction
Industry (HACIA)
901 W. Jackson, Suite 205
Chicago, IL 60607
Phone: 312-666-5910;
Fax: 312-666-5692
Email: info@haciaworks.org
Women’s Business Development Ctr.
8 S. Michigan Ave, Suite 400
Chicago, Illinois 60603
Phone: 312-853-3477 X220;
Fax: 312-853-0145
Email: wbdc@wbdc.org
Carol Dougal, Director
PLEASE NOTE: Use of M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form
and agencies are for use as a resource only. The agencies and or vendors listed are not referrals or
recommendations by the City of Evanston.
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Exhibit J
Professional Services Agreement Acknowledgement Page
The City has attached its standard professional services agreement as an exhibit to this RFP.
Identify all exceptions to the agreement that would prevent your firm from executing it . The
City shall not consider or negotiate regarding exceptions submitted at any time after
the submission of the Proposer’s response. Please check one of the following statements:
____I have read the professional services agreement and plan on executing the agreement
without any exceptions.
My firm cannot execute the City’s standard professional service agreement unless the
exceptions noted below or in the attached sample professional services agreement are made.
***Please be aware that submitting exceptions to the contract may impact the likelihood
of your firm being selected to perform this work.
List exceptions in the area below:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________
Authorized
Signature:
Company
Name:
Typed/Printed
Name and Title:
Date:
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Exhibit J
Consultant Certification and Verification
I certify in accordance with the Professional Services Agreement, the agents, employees
and subcontractors of [CONSULTANT FIRM] are in compliance and will comply with City
work rules and policies applicable to City employees while they are on City property,
including the City’s Workplace Harassment Policy; COVID-19 Vaccination Policy; and
Sexual Harassment Policy. I further certify that the agents, employees and subcontractors
of [CONSULTANT FIRM] are in compliance with OSHA emergency temporary standard to
protect workers from coronavirus.
CONSULTANT:
By ________________________
Its: ________________________
FEIN Number: _______________
Date: _______________________
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Exhibit J
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
[Insert name of the project]
(“the Project”)
RFP Number: XX-XX
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___
day of ________________, 20___, between the City of Evanston, an Illinois municipal
corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter
referred to as the “City”), and [Insert Professional Service Provider’s name here], with offices
located at [Insert address here], (hereinafter referred to as the “Consultant”). Compensation
for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this
Agreement shall not exceed $[Insert fee here].
I. COMMENCEMENT DATE
Consultant shall commence the Services on ____________ or no later than three
(3) DAYS AFTER City executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by ____________. If this Agreement provides
for renewals after an initial term, no renewal shall begin until agreed to in writing by
both parties prior to the completion date of this Agreement.
III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
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Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are those
as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # (Exhibit
B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if
any, other documented discussions and agreements regarding scope of work and cost
(Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless
of format) provided by Consultant shall be in accordance with the standards of
reasonable care and skill of the profession, free from errors or omissions,
ambiguities, coordination problems, and other defects. Consultant shall take
into account any and all applicable plans and/or specifications furnished by City,
or by others at City’s direction or request, to Consultant during the term of this
Agreement. All materials, buildings, structures, or equipment designed or
selected by Consultant shall be workable and fit for the intended use thereof,
and will comply with all applicable governmental requirements. Consultant
shall require its employees to observe the working hours, rules, security
regulations and holiday schedules of City while working and to perform its
Services in a manner which does not unreasonably interfere with the City’s
business and operations, or the business and operations of other tenants and
occupants in the City which may be affected by the work relative to this
Agreement. Consultant shall take all necessary precautions to assure the
safety of its employees who are engaged in the performance of the Services, all
equipment and supplies used in connection therewith, and all property of City
or other parties that may be affected in connection therewith. If requested by
City, Consultant shall promptly replace any employee or agent performing the
Services if, in the opinion of the City, the performance of the employee or agent
is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Consultant acknowledges and agrees that should Consultant
or its sub-consultants provide false information, or fail to be or remain in
compliance with this Agreement; the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and
agrees to be bound thereby, including all performance guarantees as respects
Consultant’s work and all indemnity and insurance requirements.
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The Consultant shall obtain prior approval from the City prior to sub-contracting
with any entity or person to perform any of the work required under this
Agreement. If the Consultant sub-contracts any of the services to be performed
under this Agreement, the sub-consultant agreement shall provide that the
services to be performed under any such agreement shall not be sublet, sold,
transferred, assigned or otherwise disposed of to another entity or person
without the City’s prior written consent. The Consultant shall be responsible for
the accuracy and quality of any sub-consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every sub-
consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at
meetings, discussions and hearings as requested by the City. This cooperation
shall extend to any investigation, hearings or meetings convened or instituted
by the City, any of its departments, and/or OSHA relative to this Project, as
necessary. Consultant shall cooperate with the City in scheduling and
performing its Work to avoid conflict, delay in or interference with the work of
others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services specified
in this Agreement may only be modified by a writing approved by both parties.
This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless
reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that: (1)
Consultant possesses and will keep in force all required licenses to perform the
Services; (2) the employees of Consultant performing the Services are fully
qualified, licensed as required, and skilled to perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
Consultant, within thirty (30) days, shall have the right to cure any default herein
listed at its own expense, including completion of Services or the replacement
or termination of any agent, employee, or sub-contractor as a result of any
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violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure any
breach or default on the part of contractor, including but not limited to injunctive
relief, an action in law or equity or termination of this Agreement as outlined in
Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City pursuant
to this Agreement are subject to sufficient appropriations made by the City of
Evanston City Council. In the event of termination resulting from non-
appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of
this Agreement, the Consultant shall turn over to the City any documents, drafts,
and materials, including but not limited to, outstanding work product, data,
studies, test results, source documents, AutoCAD Version 2007, PDF,
ARTView, Word, Excel spreadsheets, technical specifications and calculations,
and any other such items specifically identified by the City related to the
Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on behalf of
City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employer’s l iability, tax withholding,
minimum wage and hour, and other federal, state, county and municipal laws,
ordinances, rules, regulations and orders. Consultant shall require its
employees to observe the working hours, rules, security regulations and holiday
schedules of City, including but not limited to all policies and work rules
applicable to City employees while on City property such as the Workplace
Harassment Policy; COVID-19 Vaccination Policy; and Drug and Alcohol Policy.
Consultant agrees to abide by the Occupational Safety & Health Act of 1970
(OSHA), and as the same may be amended from time to time, applicable state
and municipal safety and health laws and all regulations pursuant thereto.
Consultant shall certify that its agents, employees and subcontractors are in
compliance with City work rules applicable to City employees while on City
property. Failure to certify or violation of work rules is subject to the Default
provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
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interests of City in respect to the Services being provided hereunder except as
shall have been expressly disclosed in writing by Consultant to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs,
models, specimens, specifications, AutoCAD Version 2007, Excel
spreadsheets, PDF, and other documents or materials required to be furnished
by Consultant hereunder, including drafts and reproduction copies thereof, shall
be and remain the exclusive property of City, and City shall have the unlimited
right to publish and use all or any part of the same without payment of any
additional royalty, charge, or other compensation to Consultant. Upon the
termination of this Agreement, or upon request of City, during any stage of the
Services, Consultant shall promptly deliver all such materials to City.
Consultant shall not publish, transfer, license or, except in connection with
carrying out obligations under this Agreement, use or reuse all or any part of
such reports and other documents, including working pages, without the prior
written approval of City, provided, however, that Consultant may retain copies
of the same for Consultant’s own general reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at the
address set forth above, together with reasonable supporting documentation,
City may require such additional supporting documentation as City reasonably
deems necessary or desirable. Payment shall be made in accordance with the
Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice
and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by Consultant
is found to have been overstated, Consultant shall provide City an immediate
refund of the overpayment together with interest at the highest rate permitted
by applicable law, and shall reimburse all of City’s expenses for and in
connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City and
its officers, elected and appointed officials, agents, and employees from any
and all liability, losses, or damages as a result of claims, demands, suits,
actions, or proceedings of any kind or nature, including but not limited to costs,
and fees, including attorney’s fees, judgments or settlements, resulting from or
arising out of any negligent or willful act or omission on the part of the Consultant
or Consultant’s sub-contractors, employees, agents or sub-contractors during
the performance of this Agreement. Such indemnification shall not be limited by
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reason of the enumeration of any insurance coverage herein provided. This
provision shall survive completion, expiration, or termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and use of
their own agents, attorneys, and experts, any claims, actions or suits brought
against them. The Consultant shall be liable for the costs, fees, and expenses
incurred in the defense of any such claims, actions, or suits. Nothing herein shall
be construed as a limitation or waiver of defenses available to the City and
employees and agents, including but not limited to the Illinois Local
Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-
101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental
to them, but the City has the right, at its option, to participate, at its own cost, in
the defense of any suit, without relieving Consultant of any of its obligations
under this Agreement. Any settlement of any claim or suit related to this
Agreement by Consultant must be made only with the prior written consent of
the City Corporation Counsel, if the settlement requires any action on the part
of the City.
To the extent permissible by law, Consultant waives any limits to the amount of
its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Consultant that may be subject
to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other
related law or judicial decision, including but not limited to, Kotecki v. Cyclops
Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive
any limitations it may have on its liability under the Illinois Workers
Compensation Act, the Illinois Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or remedy
work performed under this Agreement resulting from or arising out of any act or
omission, neglect, or misconduct in the performance of its Work or its sub-
consultants’ work. Acceptance of the work by the City will not relieve the
Consultant of the responsibility for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
therefrom. All provisions of this Section shall survive completion, expiration, or
termination of this Agreement.
L. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability insurance
(which shall include as a minimum the requirements set forth below) during the
term of this Agreement, for damages caused or contributed to by Consultant,
and insuring Consultant against claims which may arise out of or result from
Consultant’s performance or failure to perform the Services hereunder: (1)
worker’s compensation in statutory limits and employer’s liability insurance in
the amount of at least $500,000, (2) comprehensive general liability coverage,
and designating City as additional insured for not less than $3,000,000
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combined single limit for bodily injury, death and property damage, per
occurrence, (3) comprehensive automobile liability insurance covering owned,
non-owned and leased vehicles for not less than $1,000,000 combined single
limit for bodily injury, death or property damage, per occurrence, and (4) errors
and omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services done
pursuant to this Agreement before Consultant performs any Services, and, if
requested by City, certified copies of the policies of insurance evidencing the
coverage and amounts set forth in this Section. The City may also require
Consultant to provide copies of the Additional Insured Endorsement to said
policy (ies) which name the City as an Additional Insured for all of Consultant’s
Services and work under this Agreement. Any limitations or modification on the
certificate of insurance issued to the City in compliance with this Section that
conflict with the provisions of this Section shall have no force and effect.
Consultant’s certificate of insurance shall contain a provision that the coverage
afforded under the policy(s) will not be canceled or reduced without thirty (30)
days prior written notice (hand delivered or registered mail) to City. Consultant
understands that the acceptance of certificates, policies and any other
documents by the City in no way releases the Consultant and its sub-contractors
from the requirements set forth herein. Consultant expressly agrees to waive
its rights, benefits and entitlements under the “Other Insurance” clause of its
commercial general liability insurance policy as respects the City. In the event
Consultant fails to purchase or procure insurance as required above, the parties
expressly agree that Consultant shall be in default under this Agreement, and
that the City may recover all losses, attorney’s fees and costs expended in
pursuing a remedy or reimbursement, at law or in equity, against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat,
as secret and confidential all such information whether or not identified by City
as confidential, (ii) not to disclose any such information or make available any
reports, recommendations and /or conclusions which Consultant may make for
City to any person, firm or corporation or use the same in any manner
whatsoever without first obtaining City’s written approval, and (iii) not to disclose
to City any information obtained by Consultant on a confidential basis from any
third party unless Consultant shall have first received written permission from
such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within
limited statutory timeframes (five (5) working days with a possible five (5)
working day extension). Upon notification from the City that it has received a
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Freedom of Information Act request that calls for records within the Consultant’s
control, the Consultant shall promptly provide all requested records to the City
so that the City may comply with the request within the required timeframe. The
City and the Consultant shall cooperate to determine what records are subject
to such a request and whether or not any exemption to the disclosure of such
records or part thereof is applicable. Vendor shall indemnify and defend the
City from and against all claims arising from the City’s exceptions to disclosing
certain records which Vendor may designate as proprietary or confidential.
Compliance by the City with an opinion or a directive from the Illinois Public
Access Counselor or the Attorney General under FOIA, or with a decision or
order of Court with jurisdiction over the City, shall not be a violation of this
Section.
N. Use of City’s Name or Picture of Property. Consultant shall not in the course
of performance of this Agreement or thereafter use or permit the use of City’s
name nor the name of any affiliate of City, nor any picture of or reference to its
Services in any advertising, promotional or other materials prepared by or on
behalf of Consultant, nor disclose or transmit the same to any other party.
O. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder without City’s
express prior written approval. Any attempt to do so without the City’s prior
consent shall, at City’s option, be null and void and of no for ce or effect
whatsoever. Consultant shall not employ, contract with, or use the services of
any other architect, interior designer, engineer, consultant, special contractor,
or other third party in connection with the performance of the Services without
the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statutes, ordinances and regulations, at
Consultant’s sole cost and expense, except to the extent expressly provided to
the contrary herein. Whenever the City deems it reasonably necessary for
security reasons, the City may conduct at its own expense, criminal and driver
history background checks of Consultant’s officers, employees, sub-
contractors, or agents. Consultant shall immediately reassign any such
individual who in the opinion of the City does not pass the background check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-
contractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law
mechanics’ materialmen’s’ or other such lien claims, or rights to place a lien
upon City property or any improvements thereon in connection with any
Services performed under or in connection with this Agreement. Consultant
further agrees, as and to the extent of payment made hereunder, to execute a
sworn affidavit respecting the payment and lien releases of all sub-contractors,
suppliers and materialmen, and a release of lien respecting the Services at such
time or times and in such form as may be reasonably requested by City.
Consultant shall protect City from all liens for labor performed, material supplied
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or used by Consultant and/or any other person in connection with the Services
undertaken by consultant hereunder, and shall not at any time suffer or permit
any lien or attachment or encumbrance to be imposed by any sub-consultant,
supplier or materialmen, or other person, firm or corporation, upon City property
or any improvements thereon, by reason or any claim or demand against
Consultant or otherwise in connection with the Services.
R. Notices. Every notice or other communication to be given by either party to the
other with respect to this Agreement, shall be in writing and shall not be effective
for any purpose unless the same shall be served personally or by United States
certified or registered mail, postage prepaid, addressed if to City as follows: City
of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention:
Purchasing Division and to Consultant at the address first above set forth, or at
such other address or addresses as City or Consultant may from time to time
designate by notice given as above provided.
S. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this
Agreement by Consultant, or arising out of a breach of this Agreement by
Consultant, the City shall recover from the Consultant as part of the judgment
against Consultant, its attorneys’ fees and costs incurred in each and every such
action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this Agreement
shall in no way constitute a waiver by City of any contractual right hereunder,
unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force
and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for any action arising out or
due to this Agreement shall be in Cook County, Illinois. The City shall not enter
into binding arbitration to resolve any dispute under this Agreement. The City
does not waive tort immunity by entering into this Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall
continue to perform its obligations while any dispute concerning the Agreement
is being resolved, unless otherwise directed by the City.
X. Survival. Except as expressly provided to the contrary herein, all provisions of
this Agreement shall survive all performances hereunder including the
termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
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In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of
the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the
Consultant may be declared non-responsible and therefore ineligible for future
contracts or sub-contracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or remedies
invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin
or ancestry, or age or physical or mental disabilities that do not impair ability to work,
and further that it will examine all job classifications to determine if minority persons or
women are underutilized and will take appropriate affirmative action to rectify any such
underutilization. Consultant shall comply with all requirements of City of Evanston
Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum,
the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails to be or remain in compliance with the
Agreement, the City may void this Agreement.
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B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act,
the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable
rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or
a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid rigging
or bid rotating or any similar offense of any State in the U.S., nor made any admission
of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works shall
be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and as
applicable, has obtained an assumed name certificate from the appropriate authority,
or has registered to conduct business in Illinois and is in good standing with the Illinois
Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set forth
herein. There are no covenants, promises, agreements, conditions or understandings
between the parties, either oral or written, other than those contained in this
Agreement. This Agreement has been negotiated and entered into by each party with
the opportunity to consult with its counsel regarding the terms therein. No portion of
the Agreement shall be construed against a party due to the fact that one party drafted
that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
Doc ID: 2b1140897cbc227f825f9c1ef30cb5f1ac2119b9
62
Revised 03-02-2023
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
Revision: April 2021
Doc ID: 2b1140897cbc227f825f9c1ef30cb5f1ac2119b9
63
Revised 03-02-2023
EXHIBIT A – Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of
Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________
(“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and
Reimbursable Expenses as follows:
I. COMMENCEMENT DATE: ____________________
II. COMPLETION DATE: ________________________
III. FEES:
IV. SERVICES/SCOPE OF WORK:
As defined in RFP/Q #________ (Exhibit B) and Consultants Response to Proposal
(Exhibit C)
Dated: ______________
Doc ID: 2b1140897cbc227f825f9c1ef30cb5f1ac2119b9
64
Revised 03-02-2023
EXHIBIT K
PROPOSAL BOND SUBMITTAL LABEL (If Applicable)
SUBMITTAL NUMBER: _____________________________________________
SUBMITTAL NAME: _____________________________________________
_____________________________________________
SUBMITTAL DUE DATE/TIME: ______________________________________________
COMPANY NAME: __________________________________________________
COMPANY ADDRESS: __________________________________________________
COMPANY TELEPHONE #: ________________________________________________
--------------------------------------------------------------------------------------------------------------------------
Doc ID: 2b1140897cbc227f825f9c1ef30cb5f1ac2119b9
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Janitorial Services Contract – Main Library and Robert...
Professiona...rvices.docx and 1 other
2b1140897cbc227f825f9c1ef30cb5f1ac2119b9
MM / DD / YYYY
Signed
01 / 20 / 2025
20:58:24 UTC-6
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Yolande Wilburn
(ywilburn@cityofevanston.org) from
lthomas@cityofevanston.org
IP: 66.158.65.76
01 / 21 / 2025
07:34:04 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
01 / 21 / 2025
07:34:13 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
01 / 21 / 2025
07:34:26 UTC-6
Viewed by Yolande Wilburn (ywilburn@cityofevanston.org)
IP: 66.158.65.76
01 / 21 / 2025
07:34:49 UTC-6
Signed by Yolande Wilburn (ywilburn@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.01 / 21 / 2025
07:34:49 UTC-6