HomeMy WebLinkAboutM &M MANAGEMENT SERVICES JANITORIAL SERVICES BULINDING LOCATED AT 4330 DEANS BRIDGE ROAD BLYTHE GA JANITORIAL SERVICES CONTRACT
THIS CONTRACT is entered into by and between Augusta, Georgia ( "Augusta ") and
M &M Management Services, Inc. ( "Contractor ").
PURPOSE: The purpose of this contract is to secure the services of the Contractor to
provide janitorial services pursuant to RFP Item 10 -126 for the Scale House and
Maintenance Buildings located at 4330 Deans Bridge Road, Blythe, GA 30805.
IN CONSIDERATION of the mutual promises and understandings contained in this
contract, the Contractor and Augusta agree as follows:
1. DESCRIPTION OF SERVICES TO BE PROVIDED: In consideration of the
compensation received under this contract, the Contractor will provide the janitorial
services for Augusta described in the "Janitorial Services Required Schedule" which is
attached and incorporated herein by reference.
2. PERIOD OF PERFORMANCE:
a. The period of performance under this Contract shall begin August 2. 2010 for a
period of one (1) year, unless sooner terminated or extended as provided herein.
b. Augusta reserves the right to extend this contract for additional one (1) year terms
or portions thereof. Such contract extensions shall be subject to mutual agreement
as to duration, modification of terms, and price adjustments. The Contractor shall
respond within fifteen (15) calendar days following receipt of Augusta's request for
extension.
3. COMPENSATION:
a. Amount: Contractor will perform the initial cleaning before starting the contract
for Augusta at the cost of three thousand, five hundred dollars and no cents
($3,500.00). The Contractor's rate of compensation will be twenty nine
thousand, one hundred eighty seven dollars, and ninety cents ($29,187.90)
per year. Augusta shall pay the Contractor two thousand, four hundred thirty
two dollars and thirty three cents ($2,432.33 per calendar month, applicable
taxes included, providing that the work is performed to standards and that all other
conditions are met. If over usage of paper products occurs, exceeding mutually
agreed upon standard usage limits, the Contractor will submit for equitable
adjustments in billing to cover these expenses. This will be the total compensation
paid to the Contractor except for payments, if any, made under subparagraphs 3.b.
and c. below.
b. Additional Services: Augusta may request the Contractor to provide additional
services pursuant to RFP 10 -126, as supplemented, submitted by the Contractor.
c. Additions or Deletions: Augusta may, by written change notice, add or delete
facilities, areas, or service requirements of this contract. Such changes shall be
negotiated on the basis of a prorated price consistent with the original price
contained in the Contractor's response to RFP 10 -126, as supplemented.
4. PAYMENTS: Upon satisfactory completion of all required services, payment shall be
made upon receipt of monthly invoices submitted by the Contractor. Full payment to
the Contractor will be made only after work is satisfactorily performed.
Notwithstanding anything in the RFP or Contractor's Proposal, Augusta shall have the
right to withhold or deduct payments in the event of Contractor nonperformance.
Payments will be considered timely if made by Augusta within 30 days of receipt of each
such invoice.
5. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this
contract will be subject to and governed by the terms of this contract; Exhibit A,
"General Terms and Conditions ", and Exhibit B, "Janitorial Services Required
Schedule ", as referenced and hereby incorporated into this Contract.
In the event of inconsistency in this Contract, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) Terms
of this Contract; (b) Exhibit A, "General Terms and Conditions "; and (c) Exhibit B,
"Janitorial Services Required Schedule ".
6. RESPONSIBILITIES: The Contractor will adhere to janitorial specification schedule
as bid. The Contractor shall converse, on a monthly basis, with the Contract
Administrator or her designee to ensure that Augusta is satisfied with the service level.
7. SUPERVISION /EMPLOYEES:
a. The Contractor will perform all work under this contract with his /her own
employees and will assign a supervisor who will oversee the work performed under
this contract and will have authority to represent the Contractor in dealing with
Augusta. The name, address and telephone number of the supervisor will be
furnished to Augusta.
b. All employees working under this Contract will be required to have had and passed
background checks prior to working on this site. A copy will be provided to
Augusta only if it includes a listing of a Felony conviction and the Contractor
would like to employee the individual on this site. Augusta reserves the right to
request copies of any and all background checks on employees or subcontractors.
c. All Subcontractors employed by the Contractor for work at this site must be
approved by Augusta and are subject to background verification.
d. The Contractor shall prohibit his /her employees from disturbing papers on desks,
opening desk drawers or cabinets, or using telephone or office equipment provided
for official state business.
e. The Contractor is responsible for the security of the facility during the performance
of these services and shall ensure that all facility exterior doors remain locked
during his or her work hours and upon Contractor's departure from facility.
f. The Contractor will ensure that industry accepted safe practices are followed in
performance of the work, including but not limited to, placing appropriate signage
warning of wet or newly waxed floors. After each period of cleaning and other
services, the areas shall be inspected for fire hazards, unnecessary lights shall be
turned off, and outside doors and windows closed and locked.
g. The Contractor hereby accepts responsibility for all key cards or keys issued to the
Contractor. The Contractor also agrees that no duplicate key cards or keys will be
made and the Contractor will be responsible for the return of any key cards or keys
that may have been provided to the Contractor's employees who terminate
employment with his firm. Should the Contractor fail to return any of the key
cards issued, the Contractor will be responsible for all costs associated with
replacement of key cards up to and including reprogramming of system.
h. The Contractor shall prohibit small children from being on the premises during the
time services are being performed.
i. By mutual agreement between Augusta and the Contractor, appropriate action will
be taken concerning employees that disregard the contents of the foregoing
subparagraphs, who are incompetent, careless and /or insubordinate and do not
exhibit proper dress and decorum expected in County owned facilities.
8. DRUG -FREE WORKPLACE. The Contractor hereby certifies as follows:
a. Contractor will not engage in the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana during the
performance of this contract; and
b. If Contractor has more than one employee, including Contractor,
Contractor shall provide for such employee(s) a drug -free workplace program, in
accordance with the Georgia Drug -free Workplace Act as provided in O.C.G.A.
Section 50 -24 -1 et seq., throughout the duration of this Contract; and
c. Contractor will secure from any subcontractor hired to work on any job assigned
under this Contract the following written certification: "As part of the
subcontracting agreement with (Contractor's Name), (Subcontractor's Name)
certifies to the contractor that a drug -free workplace program will be provided for
the subcontractor's employees during the performance of this Contract pursuant to
paragraph 7 of subsection (b) of Code Section 50- 24 -3."
9. HOURS OF WORK: Janitorial services shall be performed to completion between the
hours of 6 p.m. and 5 a.m. Monday through Saturday of each week, unless otherwise
specified herein or agreed upon. Services shall not be performed in office areas during
office hours except by permission of Augusta. Upon request, a responsible
representative of the Contractor shall be available during office hours for joint
inspection of the premises, consultation and /or receipt of instructions.
10. EQUIPMENT AND SUPPLIES:
a. Unless otherwise specified herein, the Contractor shall provide supplies, including
but not limited to, all soaps, paper products, cleaning agents and plastic trash bags
as stated in RFP 10 -126 Scope of Services, Section II. Program Summary. Augusta
will provide a janitorial closet for use by the Contractor.
b. The Contractor shall supply all necessary tools, equipment, waxes, strippers,
cleaners, brooms, mops, buckets, buffers and all other tools and supplies. Materials
shall be first quality, shall give good service and shall give results satisfactory to
Augusta.
11. INSURANCE: Contractor will obtain prior to commencing service delivery, at least
the minimum insurance coverage as specified in Exhibit A. Said insurance is to be paid
for and kept in force by the Contractor throughout the effective term of this Contract.
Contractor is required to provide evidence of insurance coverage endorsed as specified
herein to Augusta upon execution of this Contract.
12. NON - EXCLUSIVITY:
a. Nothing contained in this contract shall be construed to limit in any way Augusta's
right to contract for the same or similar services for which the Contractor is
engaged hereunder during the term of this contract under any terms and
conditions, including, but not limited to any compensation, as Augusta may in its
sole discretion deem appropriate.
b. Nothing contained in this contract shall be construed to limit in any way the
Contractor's right or ability to make its services available to the general public
during the term of this contract or to enter contracts or other agreements with any
other individual or entity.
12. COUNTERPARTS: This contract is to be executed in triplicate, and each shall be
considered an original copy of this contract by each party for all purposes.
13. ENTIRE AGREEMENT - -This contract contains all the terms and conditions agreed
upon by the parties. All items incorporated in this agreement by reference are attached.
No other understandings, oral or otherwise, regarding the subject matter of this contract
shall be considered to exist or to bind any of the parties to this agreement unless
otherwise stated in this contract.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Contract in triplicate, each of which shall be
deemed an original on the date first above written.
OWNER:
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Note: Attest for a Corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
Exhibit A
GENERAL TERMS AND CONDITIONS
1. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in
anticipation of services to be provided under this contract shall be made by Augusta.
2. ASSIGNMENT: The Contractor shall neither assign this Contract nor any claim
arising under this contract without the previous written consent of Augusta.
3. CHANGES AND MODIFICATIONS: Any change or modification to this contract
must be in writing and signed by both parties.
4. CONTRACTOR NOT EMPLOYEE OF AUGUSTA: The Contractor and his or
her employees or agents performing under this contract are not employees or agents of
Augusta. The Contractor will not hold himself /herself out as nor claim to be an officer
or employee of Augusta by reason of this contract.
5. FAILURE TO PERFORM /BREACH OF CONTRACT: In the event non-
performance or unsatisfactory performance by the Contractor of any obligation of this
contract or the Contractor is in substantial non - compliance with any of its terms to
include but not limited to multiple acts of a similar nature, Augusta may terminate this
contract under the TERMINATION FOR CAUSE clause. PROVIDED, that Augusta
shall provide written notice to the Contractor of said non - performance or unsatisfactory
performance or substantial non - compliance. PROVIDED FURTHER, the Contractor
shall have five (5) days after such notice to cure said failure or non - compliance.
PROVIDED FURTHER, THAT A MAJOR VIOLATION OF THE CONTRACT
SPECIFICATIONS DEALING WITH BUILDING SECURITY COULD RESULT
IN IMMEDIATE TERMINATION OF THIS CONTRACT WITHOUT THE FIVE
(5) DAY NOTICE REQUIREMENT.
6. GOVERNING LAW: This contract shall be construed and interpreted in accordance
with the laws of the State of Georgia. The venue of any action brought hereunder shall
be in the Superior Court of Richmond County.
7. INDEMNIFICATION: To the fullest extent of the Law, the Contractor shall
protect, indemnify, and save Augusta, including its current and former
trustees, officers, directors, employees, volunteer workers, agents, and assigns harmless
from and against any claims, damage, cost or liability including but not limited to
reasonable attorney fees, arising out of, or from its performance under this contract, for
injuries to persons or property arising from acts or omissions of Contractor, his
employees, agents or subcontractors, howsoever caused. The Contractor will be
responsible for any damages sustained by his employees to Augusta property, equipment
and /or fixtures and shall provide all repairs /replacements, as appropriate, at no cost to
Augusta. Such obligation shall not be construed to negate, abridge or reduce
other rights or obligations of indemnity which would otherwise exist in the absence of
this contract.
8. INDEPENDENT STATUS OF CONTRACTOR: The parties to this contract, in
the performance of it, will be acting in their individual capacities and not as agents,
employees, partners, joint ventures, or associates of one another. The employees or
agents of one party shall not be considered or construed to be the employees or agents
of the other party for any purpose whatsoever.
9. INSURANCE COVERAGE: Contractor will obtain prior to commencing service
delivery, at least the minimum insurance coverage as specified herein. Said insurance is
to be paid for and kept in force by the Contractor throughout the effective term of this
Contract. Contractor is required to provide evidence of insurance coverage endorsed as
specified herein to Augusta upon execution of this Contract.
a. General Liability: Commercial General Liability or Comprehensive General
Liability insurance on "occurrence" form, having a combined single limit
coverage of not less than $300,000, or more as may be required by Customer,
and endorsed to include contractual liability, personal injury, completed
operations, and broad form property damage liability, insuring Subcontractor
against liability arising out of the business operations of Contractor and
services(s) to be performed under this Contract. Contractor agrees that
should aggregate limits of liability be reduced due to loss or claims, such
aggregate limits will be restored to the minimum stated in the provision. The
coverage's, provisions, and limitations of this policy will not limit liability of
Contractor. If, in the reasonable opinion of Augusta the amount of liability
coverage required is not adequate, or specific Customer requirements raise
such limits, Contractor will increase said insurance limit as required by
Customer or Augusta and provide evidence of such increased coverage to
Augusta.
b. Automobile Liability: Combined single limit of not less than $300,000,
which will include owned motor vehicles, non -owned motor vehicles, and
hired motor vehicles and will insure against death or injury to persons and
property damage caused by Contractor in the course and scope of providing
services.
c. Worker's Compensation: Worker's Compensation as required by the law of
the state, and /or Employer's Liability insurance in an amount not less than
$100,000 for each state in which Contractor's employees will be engaged
where required by law.
d. Blanket Fidelity Bond: Fidelity Bond against liability for theft in the amount
of $2,500 or higher, for any one theft.
All policies of insurance required under this paragraph will provide that they may not be
canceled nor the coverage materially changed without thirty (30) days prior written
notice to Augusta. The policies of insurance for General and Motor Vehicle Liability
will name Augusta as additional insured will be and so state that it is primary and that
Augusta will incur no liability.
10. LICENSING, ACCREDITATION AND REGISTRATION: The Contractor
shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements /standards, necessary for the performance of this contract.
11. NONDISCRIMINATION: During the performance of this contract, the Contractor
shall comply with all federal and state nondiscrimination laws, regulations and policies
in the administration of this contract.
12. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of
the Contractor's noncompliance or refusal to comply with any nondiscrimination law,
regulation, or policy in the administration of this contract, this contract may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be
declared ineligible for further contracts with Augusta. The Contractor shall, however,
be given a reasonable time in which to cure such noncompliance.
13. OPEN RECORDS ACT: Notwithstanding anything contained herein, the parties
acknowledge that Augusta is required to comply with Georgia's Open
Records Act (O.C.G.A. § 50 -18 -70 et seq. ) with respect to the inspection of all public
records not specifically exempted under such Act. The parties agree that a disclosure by
Augusta pursuant to such Act shall not be a violation of the provisions
of this Agreement.
14. RECORDS, DOCUMENTS, AND REPORTS: The Contractor will retain all
books, records, documents, and other materials relevant to this contract for one year
after completion of Contract and make them available at all reasonable times to
inspection, review, or audit by personnel authorized by Augusta.
15. SAFEGUARDING OF INFORMATION: The use or disclosure by the Contractor
of any information obtained as a result of performance under this contract concerning
Augusta for any purpose not directly connected with the administration of the
Contractor's responsibilities with respect to services provided under this contract is
prohibited except by written consent of Augusta.
16. SEVERABILITY: If any provision of this contract or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect other
provisions of this contract which can be given effect without the invalid provision, and
to this end the provisions of this contract are declared severable.
17. SUBCONTRACTING: The Contractor shall not enter into subcontracts for any of
the work contemplated under this contract without obtaining prior written approval
from Augusta.
18. TERMINATION - GENERAL: This contract may be terminated without cause by
Augusta upon sixty (60) days written notice.
19. TERMINATION FOR CAUSE: Augusta may, by written notice, terminate this
contract for cause, in whole or in part, for failure of the Contractor to perform its
obligations under this contract, subject to the provisions of paragraph 5 above. In such
event, the Contractor shall be liable for damages as authorized by law.
20. TERMINATION PROCEDURE: After receipt of notice of termination, and except
as otherwise directed by Augusta, the Contractor shall:
a. Stop work under this contract on the date and to the extent specified in the notice;
b. Place no further orders for materials, services, or facilities except as may be necessary
for completion of such portion of this contract as is not terminated;
c. Complete performance of any part of this contract as shall not have been terminated
by Augusta;
d. Take all action as may be necessary, or as Augusta may direct, for the protection and
preservation of property of Augusta which is in the possession of the Contractor.
Unless otherwise provided in this contract, Augusta shall pay to the Contractor the agreed
upon price for services provided to Augusta prior to the effective date of termination,
unless the termination is for cause, in which case Augusta shall determine the extent of
liability. Augusta may withhold from any amounts due the Contractor for services such a
sum as Augusta determines to be necessary to protect Augusta against potential loss or
liability. The rights and remedies of Augusta provided in this clause shall not be exclusive
and are in addition to any other rights and remedies provided by law or under this
contract.
21. TREATMENT OF ASSETS:
a. Title to all property furnished by Augusta shall remain in Augusta.
b. Title to all property furnished by the Contractor shall remain in the Contractor.
c. Any property of Augusta furnished to the Contractor shall, unless otherwise
provided herein, be used only for the performance of this Contract during the period
the Contract is in force.
d. The Contractor shall be responsible for any loss or damage to property of Augusta
(including all related expenses) which results from the act, omission, or negligence of
the Contractor.
e. Upon the loss or destruction of, or damage to, any Augusta property, the Contractor
shall notify Augusta thereof and shall take all reasonable steps to protect the property
from further damage.
f. The Contractor shall surrender to Augusta all property of Augusta prior to
settlement upon completion, termination, or cancellation of this contract.
22. WAIVER: Waiver of any breach of any provision of this contract shall not be
considered a waiver of any other or subsequent breach and shall not be construed to be
a modification of the terms of the contract unless stated to be such in writing, signed by
the Contracting Officer or her delegate and attached to the original contract.
Exhibit B
Janitorial Services Required Schedule
Daily:
• Empty and remove all trash in all offices /rooms and replace wastebasket liners; trash is
then to be taken to Courtesy Drop -off trash container.
• Empty and remove all recycling in all offices /rooms; recycling is then to be taken to
Courtesy Drop -off recycling container.
• Dust all counters, desks, work stations (cubicles), ceiling vents, chairs and other office
furniture.
• Vacuum all carpeted areas; dust all windowsills, ledges, and other horizontal surfaces.
• Sweep and mop all tile areas.
• Sweep and mop all spray -on floor areas.
• Sweep and mop interior stairwell; spot clean stairwell handrails and walls; sweep exterior
stairwell.
• Spot clean doors, doorknobs, doorframes, and light switches.
• Spot clean entry door glass and reception area windows.
• Clean all drinking fountains with disinfectant cleaner.
• Clean cubicle glass partitions.
Restrooms:
• The interior and exterior of toilet bowls and sinks shall be thoroughly washed with a
commercial disinfectant including the rim leaving no discoloration, rust encrustations or
water rings. Any hard water stains will be removed.
• Sanitary product receptacle will be emptied and disposed of with the trash.
• Paper towel, toilet paper, and soap dispensers will be checked daily to ensure they are at
full capacity.
• Mirrors will be cleaned and polished.
• Doors, doorknobs, doorframes, walls, and light switches will be spot cleaned.
• Floors will be swept then mopped with a disinfectant detergent.
• Counters, cabinet fronts, and partitions will be sprayed down with a disinfectant cleaner,
and then wiped clean.
• Sinks will be cleaned and disinfected also, then dried and polished to a shine.
Locker Rooms /Showers:
• Clean outside surfaces of lockers.
• Floors will be swept then mopped with a disinfectant detergent.
• Scrub and clean all showers and shower entrance areas keeping them free of dirt,
soap accumulation and mildew.
• Counters, cabinet fronts, and partitions will be sprayed down with a disinfectant cleaner,
and then wiped clean.
• Doors, doorknobs, doorframes, walls and light switches will be spot cleaned.
• Clean and remove hair from shower drain.
• Replace hand soap and toilet tissue as needed.
Break room/Kitchen:
• Sweep and mop floor with a disinfectant detergent.
• Tables, chairs, counters, cabinet fronts and sink will be cleaned with a disinfectant
cleaner.
• Faces of appliances and vending machines will be cleaned with a disinfectant cleaner.
• Microwave will be cleaned inside and out with a disinfectant cleaner.
• Clean coffee machine.
• Doors, doorknobs, doorframes, walls and light switches will be spot cleaned.
Conference Room:
• Dust table, chairs, and all horizontal surfaces.
• Clean counter, cabinet and appliance fronts, and sink with disinfectant cleaner.
• Door, doorknob, doorframe, walls and light switches will be spot cleaned.
• Clean coffee machine.
Work rooms:
• Clean counter and cabinet fronts with disinfectant cleaner.
• Door, doorknob, doorframe, walls, office equipment and light switches will be spot
cleaned.
Shop Area:
• Face of icemaker will be cleaned with a disinfectant cleaner.
• Drinking fountain will be cleaned with a disinfectant cleaner.
• Sink/Hand washing station will be cleaned with a disinfectant cleaner.
Weekly Services — One (1) day per week on Saturday
• Perform all high and low dusting
• Spot clean carpeting
• Spot clean walls, wall hangings, and light fixtures.
• Detail vacuum between desks and edges.
• Clean all windows inside and outside (floor to ceiling).
• Clean all window sills
Bi- Weekly Services (Every Other Week on Saturday)
• Spotting, bonneting, and extracting of all carpeted areas (as needed)
Semi - Annual (Every Six Months on Saturday)
• Cleaning all carpeted areas throughout the facility. (Extracting)
• Waxing or polishing of all hard and spray on floor surfaces (as needed)