Central Management Services

Contract

5 Day Janitorial J0200 MABB Judges Qrtrs

26-416CMS-BOPM4-P-97199

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the

Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor's execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

The State requires janitorial services in various facilities throughout Illinois where State Agencies do not otherwise employ janitorial staff. In most cases, State Agencies occupy facilities that are open to provide services to or conduct business with the general public. Janitorial services are required to maintain the safety, health, and performance of individuals within these facilities.

State facilities where services will be provided are permanent buildings tenanted by State officials and employees. Janitorial services are also necessary for the protection of the building and its equipment. Vendor requirements include, but are not limited to, full performance of all specified daily services on the first official working day of the contract period. This contract is for Five (5)

Day Janitorial Service in the Judges Quarters at J0200, MABB, 160 N. LaSalle, Chicago, IL 60601.

1.2. SUPPLIES AND/OR SERVICES REQUIRED: Vendor shall furnish adequate labor, material, all supplies, and equipment to adhere to all specifications of the contract and provide the following janitorial services and assume the responsibility for the supervision and management of its staff to maintain the cleanliness of the facility. These services will be provided Monday through Friday, excluding weekends and State Holidays.

1.2.1. JUDGES CHAMBERS (Floors 15, 16, 17. 19. 20)

A. DAILY-MONDAY THROUGH FRIDAY

1. Restrooms

a. Scour, wash and disinfect all basins, including faucets, bowls, shower stalls and urinals with approved germicidal detergent solution.

1State of Illinois Contract v.25.4

State of Illinois Contract v.25.4 2

3. Any product used for cleaning wood shall be approved by the Facility/Building

Manager prior to use.

4. Empty all waste receptacles and replace liners.

5. All floors will be vacuumed using a high-quality vacuum, moving all light furniture, such as chairs. All furniture will be replaced in its original position.

6. Vacuum under all tables and large furniture where possible.

B. WEEKLY - Perform high dusting of pictures, wall hangings, ante-chamber alcoves, and window frames.

1.2.3. GENERAL OFFICE AREAS

A. DAILY- MONDAY THROUGH FRIDAY

1. Offices/Conference Rooms - Empty all waste receptacles and replace liners.

2. Reception Areas

a. Wet wipe telephones, counters, desk areas, and coffee tables.

b. Vacuum carpets.

c. Empty all waste receptacles and replace liners.

B. WEEKLY

1. Offices/Conference Rooms/Common Areas

a. Dust, wipe clean and remove smudges or marks, if necessary, from all countertops, furniture, doors, walls, lamps, file cabinets, bookshelves, window ledges, and telephones, using treated cloth.

b. Perform high dusting of pictures, wall hangings, wood wall rails, and interior window frames.

c. Vacuum all floors using a high-quality vacuum, moving all light furniture such as chairs. All furniture will be replaced in its original position.

d. Vacuum under all tables and large furniture where possible. Clean interior glass walls in office areas.

C. QUARTERLY- Dust all mini-blinds.

1.2.4. LUNCHROOMS (Floors 17, 20, 21) MAIL ROOM (Floor 18) ENGINEERING OFFICES &

HALLWAY (Floor 21)

A. DAILY-MONDAY THROUGH FRIDAY

1. All hard-surfaced floors will be dust-mopped, using a treated dust mop, moving all light furniture. All furniture will be replaced in its original position.

State of Illinois Contract

10. All watermarks and stains will be wiped from walls, wall bases, and metal partition bases, paying particular attention to corners.

11. Scuff marks and footmarks are to be removed throughout.

I

12. Wash and polish all mirrors, powder shelves, bright work (including flushometers and exposed piping below wash basins and behind toilet fixtures), towel dispensers, receptacles and any other metal accessories.

13. Vendor shall only use non-abrasive, non-acidic material to avoid damage to metal fixtures.

14. Scour, wash, and disinfect all basins, including faucet handles, bowls, and urinals, with approved germicidal detergent solution.

15. Special care must be taken to inspect and clean areas of difficult access, such as the underside of the lip/rim of toilet bowls and urinals, to prevent buildup of calcium and iron oxide deposits.

16. Wash both sides of all toilet seats with approved germicidal solution and wipe dry.

17. Toilet seats are to be left in an upright position.

B. WEEKLY

1. All floors will be machine scrubbed, using a germicidal solution, detergent, and water, paying special attention to wall/floor bases.

2. After scrubbing, floors will be rinsed with clean water and dried.

3. All water marks will be removed and floors buffed as needed.

4. Floor drains will be cleaned, disinfected, and filled with water to avoid the escape of sewer gases.

5. No acids permitted.

C. MONTHLY - Scour, wash, and disinfect ceramic tile walls, using approved germicidal detergent solution.

1.2.8. STAIRWELLS (Floors 14 - 21)

A. WEEKLY

1. Sweep stairs thoroughly.

2. Handrails, baseboards, light fixtures and all horizontal ledges and surfaces will be wiped with treated dust cloth.

3. Emergency telephones in stairwells shall not be disturbed.

State of Illinois Contract

B. QUARTERLY - All high dusting, including but not limited to door closures/smoke dampers and all other surfaces not reached during normal dusting operations, will be dusted or cleaned, as necessary, but no less than every three months.

C. SEMI-ANNUALLLY - Stairs and landings will be wet-mopped and dried. A schedule for this project shall be submitted in advance for approval by the Facility Manager or designee.

1.2.9. HALLS & CORRIDORS -All chair rail moldings and baseboards will be wiped clean with a treated cloth on a monthly basis.

1.2.10. MISCELLANEOUS AREA CLEANING

A. All marks, smudges, streaks, gum and other substances shall be removed from mail chutes, pay telephones, water fountains, door hardware and other miscellaneous metalwork, leaving a uniform, clean, and bright appearance.

B. All janitors' closets provided by the State shall be kept in a neat, clean, sanitary and orderly condition at all times. Before leaving the premises, Vendor shall assure that all service areas shall have been dust-mopped, and spot cleaned.

C. All wastebaskets throughout the premises shall be cleaned and sanitized monthly.

D. All waste must be disposed of in proper containers located in dock area. Dry waste disposal in compactor, recyclable paper in recycling container, and wet waste in one yard container.

E. Pick up all debris, sweep cushioned play surface and roof pavers, and wipe clean interior facing plexi-glass panels on a daily basis in the outdoor play area.

F. On a monthly basis remove chalk and graffiti on walls and roof pavers, wipe clean all fixed playground apparatus and vacuum where walls meet roof pavers.

G. All trash shall be placed in outside trash receptacles before leaving. If trash receptacles are full, remaining trash shall be placed on top of the trash receptacle in sealed plastic bags. Trash shall never be left in janitor closets, on the loading dock, or in any areas of the facility.

1.2.11. BIO-HAZARD RESPONSE

A. Vendor shall be available to perform bio-hazard cleaning from trauma scenes, criminal scenes, and natural causes of death or injury.

8. Vendor shall ensure that all Safety Data Sheets {SDS) for all chemicals and cleaning agents are used at the facility and ensure documentation is up-to-date at least every six (6) months.

C. Response shall include cleanup, sanitizing, deodorizing and restoring the assigned area to its original condition.

7 State of Illinois Contract

D. Vendor shall ensure that all employees take precautionary measures by wearing protective clothing and accessories.

E. Vendor shall be available on call 24 hours a day, seven days a week to provide rapid, effective response in the instance of an emergency call.

F. Vendor's response team shall refrain from post-incident discussion and shall exercise the highest level of privacy in regard to the incident.

1.2.12. OTHER REQUIREMENTS

A. All supplied cleaning solutions/products must be environmentally preferable products certified by one of the following standards: Green Seal, Environmental Choice

Ecologo, or recognized by the U.S. Environmental Protection Agency Design for

Environment {DFE) Formulator Program. Whenever available, the Vendor shall furnish products manufactured or produced in the State of Illinois.

B. The State shall furnish:

1. Electrical power to operate janitorial equipment as is necessary to perform janitorial services.

2. Hot and cold water

3. Space for Vendor to store supplies and equipment. Storage spaces must be properly cleaned and left in an orderly condition each night. Failure to keep a storage space in a clean condition satisfactory to the Facility Manager or designee, may result in the withdrawal of the storage space.

C. The Vendor and the Facility Manager or designee shall agree upon a written schedule regarding the performance of tasks to be performed on a twice weekly, weekly, monthly, quarterly, and annual basis.

D. Vendor shall purchase a time clock for cleaning staff's nightly use. The State shall also furnish weekly time sheets for the Vendor's work crew and requires written signature with sign-in/out on a nightly basis.

E. The State engages in a carpet cleaning contract for the entire facility with a separate

Vendor. The Vendor may be required to perform carpet spot cleaning of limited areas, as requested by the State.

F. Vendor may on occasion be asked to perform upholstery cleaning services on standard building seating upholstery, which shall be billed under the 'Additional Work not covered under Contract' per hour charge.

G. To prevent damage to surfaces as a result of improper methods of cleaning or other treatment required under the contract, prior to commencement of cleaning services, the Vendor shall submit a general plan of methods that will be used. The plan shall

8 State of Illinois Contract include identification of the materials to be used in the various operations, and identification of the various items of equipment that are proposed to be used in the performance of the work, including scrubbing machines, polishing machines, vacuum cleaners, etc. CMS reserves the right to accept or reject all materials and methods proposed to be used in performing the work specified in the contract.

H. To facilitate inspection, the Vendor shall submit to the Building Manager, for approval, a detailed working plan showing how proposed work in the contract is to be performed. This plan shall be submitted at least five (5) days prior to actual work being started and it shall contain a layout of all daily cleaning assignments and annual schedule for accomplishment of all work specified to be performed once a week or less frequently. the Vendor shall also submit to the facility manager a completed

Nightly Cleaning Report that outlines the daily work performed.

I. Advanced equipment shall not be used to reduce workforce personnel without the written consent of CMS.

For procurements conducted in Bid Buy, the State may include in this contract the

Bid Buy Purchase Order as it contains the agreed Supplies and/or Services.

1.2.13. Other Service Requirements

A. Vendor understands and agrees that it must pay all employees performing work/services on this contract at least the prevailing wage rates required by law for the locality in which the work/services is performed. Vendor certifies that all employees performing work on this contract are paid at least the prevailing wage rates required by law. (30 ILCS 500/25-60). Information on prevailing wage may be obtained at: https://www2.illinois.gov/idol/Pages/default.aspx.

B. Vendor supplies & equipment: The vendor is to furnish at its own cost, risk and expense, all janitorial supplies and equipment required to perform the services herein specified. All supplied cleaning solutions/products must be environmentally preferable products certified by one of the following standards: Green Seal, Environmental Choice Ecologo, or recognized by the US Environmental Protection

Agency Design for the Environment (DFE) Formulator Program. Whenever available, the Vendor shall furnish products manufactured or produced in the State of Illinois.

C. All necessary cleaning equipment, including power-driven floor scrubbing machines, waxing and polishing machines, industrial type vacuum cleaners, vacuum hoses and tools, and all necessary motor trucks, etc., needed for the performance of janitorial services, shall be furnished by the Vendor. Such equipment shall be of the size and type customarily used for janitorial services in commercial facilities and shall be approved by the CMS Facility Manager. Equipment deemed by the CMS Facility

Manager to be of improper type or design, or inadequate for the purpose intended, State of Illinois Contract shall be immediately removed from the premises and replaced with equipment approved by the CMS Facility Manager.

D. Electrical power shall be furnished by the State of Illinois to operate janitorial equipment as is necessary to perform janitorial services. Hot and cold water shall also be made available by the State.

E. The State will make space available to the Vendor for Vendor's storage of supplies and equipment. Storage spaces must be properly cleaned and left in an orderly condition each night. Failure to keep a storage space in a clean condition satisfactory to the State facility manager or designee may result in the withdrawal of the storage space.

F. All trash shall be placed in outside trash receptacles before leaving. If trash receptacles are full, remaining trash shall be placed on top of the trash receptacle in sealed plastic bags. Trash shall never be left in janitor closets, on the loading dock, or in any area of the facility.

G. Janitorial personnel must sign in upon entering the premises and sign out upon leaving. Sign-in and sign-out sheets will be provided by the State Facility Manager.

H. The State Facility Manager and Vendor shall agree upon a written schedule regarding the performance of tasks to be performed on twice weekly, weekly, monthly, quarterly and annual basis.

I. Vendor shall purchase a time clock for cleaning staff's nightly use. The State shall also furnish weekly time sheets for the Vendor's work crew and requires written signature with sign-in/out on a nightly basis.

J. The State engages in a carpet cleaning contract for the entire facility with a separate

Vendor. The Vendor may be required to perform carpet spot cleaning of limited areas, as requested by the State.

K. Vendor may on occasion be asked to perform upholstery cleaning services on standard building seating upholstery, which shall be billed under the 'Additional Work not covered under Contract' per hour charge.

L. To prevent damage to surfaces as a result of improper methods of cleaning or other treatment required under the contract, prior to commencement of cleaning services, the Vendor shall submit a general plan of methods that will be used. The plan shall include identification of the various types of equipment that are proposed to be used in the performance of the work, including scrubbing machines, vacuum cleaners, etc.

CMS reserves the right to accept or reject all materials and methods proposed to be used in performing the work specified in the contract.

M. Advanced equipment shall not be used to reduce workforce personnel without the written consent of CMS.

State of Illinois Contract

N. Contract modifications: In the event Central Management Services acquires a different or additional space to house an Agency served by this contract, CMS may issue a Basic Ordering Agreement (BOA) establishing the special terms and conditions to provide janitorial services for the additional space or the new location, at the same square-foot cost as indicated in this contract.

1.3. MILESTONES AND DELIVERABLES:

1.3.1. Vendor shall invoice the State in arrears for services, on a monthly basis.

1.3.2. Vendor shall submit to the State Facility Manager for approval a detailed working plan showing how Vendor proposes to perform the work specified in the contract. This plan shall be submitted five (5) days prior to actual work being started and it shall contain a layout of all daily cleaning assignments and annual schedule for accomplishment of all work specified to be performed once a week or less frequently. The Vendor shall also submit to the Facility Manager, or designee, a completed Nightly Cleaning Report that outlines the daily work performed.

1.3.3. During the first week of each calendar year, or at the commencement of the contract, the

Vendor shall provide the Facility Manager with a yearly cleaning schedule. This schedule must outline all required cleaning activities for the year, in accordance with the contract scope. This schedule shall serve as the planned reference for janitorial services throughout the contract year.

1.3.4. Janitorial personnel must sign in upon entering the premises and sign out upon leaving.

The Sign-In/Sign-Out sheets will be provided by the Facility Manager and maintained on site. Verification of work performed will be based upon these sheets and visual inspection. Any days that janitorial personnel are to be on the premises cleaning, and they do not sign-in or sign-out, will be considered a day of no work. The State will deduct a per-diem rate based upon the monthly fee divided by the number of days to be worked in that month. For Example: If the monthly rate is $2,000 and there are 20 days of work that month, then $2,000 / 20 = $100 per day. That monthly rate of

$2,000 will be deducted by $100 for each day the janitorial personnel does not sign in or sign out or does not perform the required tasks as outlined in Section 1.2 of the contract.

1.3.5. Vendor is required to utilize only employees that receive a W-9 and are covered under the Vendor's Workman Compensation Plan as well as Vendor's Liability Insurance. Vendor shall submit proof of insurance (ACCORD) that lists the actual work location address on the form. This shall include applicable liability and work compensation. This shall be submitted to the State Facility Manager along with the plan outlined in Section 1.3.2.

State of Illinois Contract

1.3.6. This contract requires a minimum of 650 hours per month to complete all requirements.

Vendor is responsible for completing all services under the contract, even if it takes more hours than the minimum listed here.

1.3.7. Vendor shall designate an employee to be the contact person for this contract. The name, phone number, and email address of that designee shall be provided by the Vendor below.

Contact Name: Esteban Aguilar

Contact Phone: 312-622-5305

Contact Email: esteban@smithmaint.com

{Vendor to complete)

{Vendor to complete)

{Vendor to complete)

1.3.8. Vendor shall provide reporting to CMS Bureau of Strategic Sourcing (CMS BOSS) if requested. Reporting may include but not be limited to, annual veteran hiring, contract usage, and payments to approved subcontractors certified through the State of Illinois'

Business Enterprise Program, if applicable.

A. The information to be submitted in a format designated by CMS BOSS (e.g., Excel spreadsheet, portal). Contract usage reporting must include payments received from all State Agencies, governmental units, and qualified not-for-profit agencies as applicable to this contract.

B. Vendor will submit a close-out report within 90 days of contract expiration that covers the same information since the last contract usage report.

C. Vendor will be expected to participate in performance monitoring that may include, but not be limited to required reporting, quality, delivery and value of goods and services, and customer service.

1.4. VENDOR/STAFF SPECIFICATIONS:

1.4.1. Vendor to supply a Resident Supervisor to manage the performance of the contract. The

Resident Supervisor shall be a very competent and experienced person, acceptable to the

State. It is expected that the recommended candidate be a person presently performing in this capacity, or who has recently done so at the other properties of a comparable size and type.

The functions of the Resident Supervisor shall consist of, but not be limited to, the following:

A. Direct the activities of the entire workforce.

8. Perform inspections to assure quality and consult daily with the State's representative. Complete a "Night Report" form on a nightly basis, noting projects accomplished and repairs necessary on floors.

C. Implement instruction from the State's designated personnel.

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D. Ensure that the day-to-day performance of all Vendor's personnel meets the contractual intent.

1.4.2. Staffing shall consist of the necessary personnel to maintain the cleaning according to the specifications and areas of cleaning outlined. The personnel shall include the Resident

Supervisor and collective bargaining unit employees, in addition to any other personnel required. The State shall have the right to request replacement of any of the Vendor's employees for whatever reason the State deems necessary.

1.4.3. Vendor's Resident Supervisor must be in attendance at all times and replacement cleaning personnel shall be furnished immediately to maintain maximum staffing requirements.

The Resident Supervisor shall be a very competent and experienced person, acceptable to the State. It is expected that the recommended candidate be a person presently performing in this capacity, or who has recently done so at the other properties of a comparable size and type.

1.4.4. Vendor must assume the collective bargaining obligations of the prior employer for the employees who perform the services under the contract, in accordance with Illinois law {30 ILCS 500/25-80}. Full list of employees with their personal information will be provided to Vendor with executed contract.

A. Assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject top its bid; and

B. Offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed under this contract. The list with actual names will be provided to Vendor upon contract execution.

1.4.5. Vendor is required to utilize only employees that receive a W-9 and are covered under the

Vendor's Workman Compensation Plan as well as Vendor's Liability Insurance.

1.4.6. Vendor's supervisor or replacement must be in attendance at all times and replacement cleaning personnel shall be furnished to maintain minimum staffing requirements.

1.4.7. Vendor and its employees shall be experienced and knowledgeable in janitorial services in a commercial environment.

1.4.8. Vendor and its employees shall maintain and have current all municipal county, state, federal, and/or local licenses that are applicable and required for their business. These shall be maintained for the life of the contract.

1.4.9. Hours of Work

A. Vendor shall perform janitorial services five (5) nights per week, in order that the premises are cleaned Monday through Friday. The crew shall perform cleaning services Monday through Friday between the hours of 5:00 pm and 11:00 pm

13 State of Illinois Contract daily.

B. The following holidays shall be observed by the cleaning crew. No work shall be performed on these holidays as follows: New Year's Day, Martin Luther King's

Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Columbus Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day.

C. The Vendor's employees shall not enter the office during normal working hours, unless authorized by the building representative.

1.4.10. Vendor shall assume responsibility for the health, safety, and protection of its employees, sub-contractors, material, equipment, and tools of the trade. Vendor will comply with the provisions outlined in OSHA Publication 3077 "Personal Protective

Equipment" and OSHA Publication 3079 "Respirator Protection", or any subsequent update. Vendor will take necessary precautions when handling hazardous waste or contaminants.

1.4.11. It shall be the responsibility of the Vendor to provide parking for employees.

1.4.12. Vendor shall maintain and show evidence, satisfactory to the Facility Manager, of an adequate labor force and supervisory staff to be able to immediately assist the MABB building in case of flood, fire, natural or man-made disasters or any other emergency.

Emergency Contact Name: Esteban Aguilar

Emergency Contact Phone: 312-622-5305

Emergency Contact Email: esteban@smithmaint.com

1.4.13. The State Facility Manager will instruct the Vendor regarding the operation of all locks and security systems. The Vendor will be held responsible for the security of the facility(s) and contents during the time cleaning personnel are on the premises. If the facility has an alarm system, the Vendor will be responsible for activating the alarm when leaving the facility. Expenses caused by the Vendor's failure to secure the facility will be the Vendor's responsibility.

1.4.14. Vendor and its employees shall maintain a professional appearance while on site, including wearing company identification and appropriate clothing (I.E. including, but not limited to, clothing with no holes, rips or tears, no shorts, no open-toed shoes). Discretion will reside with the Facility Manager.

1.4.15. Vendor shall be responsible for any and all damage caused by Vendor's personnel or agents to Government property during the performance of the work. Vendor shall advise the Facility Manager or designee of all damages immediately and shall then follow up with a written report within twenty-four (24) hours stipulating the following:

• Description of damage, including extent and location

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• Cause of damage

• Steps taken by Vendor

1.4.16. The State may conduct at their expense criminal and driver history background checks of

Vendor's officers, employees or agents who would directly supervise or physically perform any of the contract requirements. If the State chooses to conduct a background check, the Vendor's officers, employees, or agents must be cleared through the background check before entering the premises to commence work. Any officer, employee, or agent deemed unsuitable by the State must be immediately replaced. The

Facility manager or designee will contact Vendor regarding the need to replace any permanent or temporary employee.

1.4.17. Vendor's workers will promptly notify the Vendor and CMS of unusual incidents, accidents, or potential safety threats that may affect the site, tenants and visitors.

1.4.18. Vendor and its employees shall follow all locally prescribed safety regulations, laws, and practices in the performance of the contract.

1.4.19. Vendor to furnish at its own cost, risk and expense, all supplies and equipment required to perform the services of this contract. This includes but is not limited to power driven floor scrubbing machines, waxing and polishing machines, industrial type vacuum cleaners, vacuum hoses and tools, and all necessary motor trucks, etc., needed for the performance of janitorial services. Such equipment shall be of the size and type customarily used for janitorial services in commercial facilities and shall be approved by the CMS Facility Manager or designee.

1.4.20. Equipment deemed by the CMS Facility Manager or designee, to be of improper type or design, or inadequate for the purpose intended, shall be immediately removed from the premises and replaced with equipment approved by the CMS Facility Manager or designee to be of improper type or design or inadequate for the purpose intended, shall be immediately removed from the premises and replace with equipment approved by the

CMS Facility Manager or designee.

1.4.21. Vendor shall be responsible for any and all damage caused by Vendor's personnel or agents to Government property during the performance of the work. Vendor shall advise the Facility Manager or designee of all damages immediately and shall then follow up with a written report within twenty-four (24) hours stipulating the following:

Description of damage, including extent and location

• Cause of damage

• Steps taken by Vendor

1.4.22. Janitorial personnel must sign in upon entering the premises and sign out upon leaving.

Sign-in and sign-out sheets will be provided by the Facility Manager or designee.

State of Illinois Contract

1.4.23. Vendor and their employees are prohibited from disturbing papers on desks, opening desk drawers or cabinets, use of telephones and/or office equipment or anything provided for official State of Illinois use.

1.4.24. Vendor and its employees shall comply with all instructions issued by the Facility Manager or designee, including all safety programs or procedures, to the extent determined by the

Facility Manager or designee.

1.4.25. Strike Condition - In the event of a strike involving the Vendor's employees or suppliers, which results in the Vendor being unable to perform the work, the Vendor shall take whatever steps are necessary, with the approval of the State, to reasonably maintain the cleanliness of the building, with the least effect on the State's normal operations.

1.5. TRANSPORTATION AND DELIVERY:

Not applicable as Vendor is responsible for providing any required transportation of their employees to and from worksites. There is no allowance for additional mileage charges to and from worksites.

1.6. SUBCONTRACTING:

Subcontractors are not allowed.

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Vendor shifts any such work outside the Unites States.

• Location where services will be performed: Judges Quarters at J0200, MABB, 160 N.

LaSalle, Chicago, IL 60601.

• Value of services performed at this location: 100%

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation.

The total price of this contract is estimated.

State of Illinois Contract

4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must {i) be in compliance with the contract, {ii) pay its employees prevailing wages when required by law, {iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and

{iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor {DOL) and are available on DOL's official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-

782-6206 or {https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds.

If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed, and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the

State no later than July 31 of that year; otherwise, Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency's

Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to:

Agency: Central Management Services

Attn: BoPM/Fiscal Dept

Address: 313 S. Sixth Street

City, State Zip Springfield, Illinois 62704

Email: CMS.BOPM.Janitorial@illinois.gov

For procurements conducted in BidBuy, the Agency may include in this contract the

Bid Buy Purchase Order as it contains the Bill To address.

19 State of Illinois Contract

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by

Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen

(15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State

Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-

120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector

General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the

State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for

State of Illinois Contract audit or examination of the Vendor's or subcontractor's books and records. 30 ILCS

500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor's performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party's right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of

Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction.

The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party's confidential information.

4.9. USE AND OWNERSHIP: All work performed, or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, State of Illinois Contract and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract.

4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the

State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys' fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor's negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section l(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General

Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days' notice has been provided to the State.

Vendor shall provide: (a) General Commercial Liability insurance in the amount of

$1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned

Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of

$1,000,000 per occurrence; and (c) Worker's Compensation Insurance in the amount required by law. Insurance shall not limit Vendor's obligation to indemnify, defend, or settle any claims.

4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis.

State of Illinois Contract

4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the

State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends to solicit

State employees to perform any work under this contract.

4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor's and subcontractor's officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check.

4.16. APPLICABLE LAW:

4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750.

4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois

Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at

( www.ilqa.gov/legislation/if cs/if cs. asp).

4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State all of

Vendor's rights, title and interest to the claim or cause of action.

4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of

Illinois shall be the only State entity responsible for performance and payment under this

State of Illinois Contract contract. When the Chief Procurement Officer or authorized designee or State Purchasing

Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief Procurement Officer or authorized designee or

State Purchasing Officer signs a master contract on behalf of State agencies, only the

Agency that places an order or orders with the Vendor shall have any liability to the

Vendor for that order or orders.

4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity.

4.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal

Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information.

4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the

Parties' intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State's and the Vendor's terms, conditions and attachments, the State's terms, conditions and attachments shall prevail.

4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor's performance under this contract and compliance with law and rule to determine whether to continue this contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities.

4.23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140.

State of Illinois Contract

4.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.

4.25. WARRANTIES FOR SUPPLIES AND SERVICES:

4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies;…