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HomeMy WebLinkAboutCONTRACT BETWEEN ARC FOR THE AUGUSTA REGIONAL AIRPORT AND AMERICAN FACILITY SERVICES FOR CUSTODIAL SERVICESCONTRACT AUGUSTA - RICHMOND COUNTY FOR THE AUGUSTA REGIONAL AIRPORT And AMERICAN FACILITY SERVICES FOR CUSTODIAL SERVICES FILE COPY Custodial Contract — American Facility Services This Contract for Custodial Services (hereinafter designated as the "Contract ") made and entered into as of February 28, 2012, by and between the City of Augusta (City) for the AUGUSTA REGIONAL AIRPORT, (hereinafter designated as "Airport ") and AMERICAN FACILITY SERVICES, INC. (hereinafter designated as "Contractor "), WITNESSETH: WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, the City has solicited a bid for Contract Custodial Services for the Airport and Contractor has submitted a Bid for said services which was accepted by the City on behalf of the Airport; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the City and Contractor hereby agree as follows: The Services of the Contractor shall be in accordance with the scope of services and all provisions provided herein. SECTION 1 GENERAL CONDITIONS ARTICLE 1 DEFINITIONS In addition to the terms that may be defined in the Bid document, the following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1. CP- Approved Cleaning Product. 2. Airport — Augusta Regional Airport. 3. Administrator - The person authorized by the Airport to administer the Contract. 4. Aviation Commission- the Commissioners tasked with the overall administration of the Airport. 5. Aviation Director- the person tasked with the day to day operations of the Airport. 6. Augusta- Richmond County or City- the Augusta- Richmond County Commission 7. Change Order - A written order initiated by the Administrator directing the Contractor to perform changes, additions, or deletions in the work. 8. Contract Coordinator - Persons designated by the Administrator who shall coordinate the activities of the Contractor at the facilities 9. Contractor - The individual, partnership, or corporation who enters into a Contract with the City for the services as described in the General Conditions and the Performance Work Statement. 10. Contract Documents — The Bid, Form of Contract, General Conditions; Performance Work Statement; Contractor's Technical specifications and Cost inclusive, together with all addenda, supplemental change orders, required exhibits, and schedules. 11. Contract - The written agreement between the City and the Contractor for the performance of the work in accordance with the requirements of the Contract Documents. Page 2 of 30 Custodial Contract - American Facility Services 12. General Conditions - The general term comprising all the directions, provisions, and requirements contained herein, entitled "General Conditions" and any Addenda, which may be issued for the Contract. 13. General Manager - The person authorized by the Contractor to act fully on behalf of the Contractor in administering this Contract. 14. Performance Work Statement — The documents which describe the manner of performing the work, including detailed technical requirements as to labor, materials, equipment, and methods by which such work is to be performed, and describing the relations between the City and the Contractor. 15. Routine Work — is that work to be normally performed by the Contractor as set forth in the Scope of work and as specified in the Performance Work Statement. 16. Subcontractor - Any individual, partnership, or corporation who is contractually bound to the Contractor to perform a specific portion of the total work package under this Contract which is limited to special projects approved by the Administrator. 17. Term - That period of time beginning March 1, 2012 and ending February 28, 2013. ARTICLE 2 INDEPENDENT CONTRACTOR/SUBCONTRACTOR Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not Airport's employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor's employees. Neither the City or Airport shall be responsible for payment of worker's compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor's subcontractors or agent's employees, but such responsibility shall be solely that of Contractor. This clause of the agreement does not prevent Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions and Performance Work Statement. ARTICLE 3 CONTRACTOR'S PERFORMANCE 3.1 Contractor shall, at its own expense, furnish all necessary management, supervision, labor, technical support and other accessories and services for the cleaning of the facilities and performance of other services as described in the Contract Documents. Such services shall be performed in strict accordance with the General Conditions and Performance Work Statement. 3.2 All performance shall be subject to inspection and approval by the Administrator, or its designee, as provided in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined by the Administrator, an appropriate reduction in approved hours or payment due will be made from Contractor's invoice and Contractor will be directed to provide Page 3 of 30 Custodial Contract - American Facility Services adequate personnel, or otherwise correct the unsatisfactory performance. The correction of unsatisfactory performance shall be at no additional cost to Airport. 3.3 The General Conditions and /or the Performance Work Statement may be amended from time to time, as deemed necessary by the Administrator, by written communication to the Contractor, and shall have the same effect as if fully written herein; such changes may include, but shall not be limited to increases or decreases in labor- hours, changes in work procedures, or changes in shift times. 3.4 In the event an amendment to the General Conditions and /or the Performance Work Statement changes the labor -hours required for Routine Work, the approved Labor Hours shall be increased or decreased as appropriate. Any changes will require the execution of a Change Order by the parties. ARTICLE 4 AUTHORIZED REPRESENTATIVES 4.1. CITY /AIRPORT'S REPRESENTATIVE Airport's Representative shall be Gary LeTellier, Aviation Director, Clarence Fennell or his designee. 4.2 CONTRACTOR'S REPRESENTATIVE(S) CONTRACTOR must designate in writing a person(s) acceptable to Airport to serve as its representative ( "Contractor's Representative ") in all dealings with Airport. The initial Contractor's Representative will be Kevin McCann, President. Contractor's Representative may be changed upon prior written notice delivered to Airport's Representative. ARTICLE 5 PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. ARTICLE 6 CHANGES Contractor acknowledges that this Contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non - payment for the provision of any unauthorized goods or services to Page 4 of 30 Custodial Contract — American Facility Services Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts ARTICLE 7 TERM The term of this Contract shall commence on March 1, 2012, and shall continue for a period of one (1) year from that date, unless terminated by Airport as provided in paragraph 8 hereof. The Contract may be renewed for one additional year at the sole option of the City. The City shall notify the Contractor at least ninety (90) days prior to the expiration date of its intent to renew this Contract. ARTICLE 8 TERMINATION 8.1 The City may, at its sole option, terminate the Contract with or without cause at any time upon thirty (30) days written notice by certified mail to the Contractor without prejudice to any other right or remedy it may have. 8.2 This Contract shall terminate immediately upon written notice by the City or Airport upon the occurrence of any of the following circumstances: 8.2.1 If, with or without the Contractor's consent, a receiver, liquidator, trustee or similar administrator is appointed to take charge of all, or substantially all, of its assets; 8.2.2 If either the Contractor is adjudged, or becomes bankrupt or insolvent, is unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors; 8.2.3 Of any judicial proceedings are commenced by or on behalf of the Contractor pursuant to any bankruptcy, insolvency or debtor relief law; 8.2.4 If the Contractor voluntarily or involuntarily undertakes to dissolve or wind -up its affairs. 8.3 The City shall be the sole judge of non - performance, which shall include any failure on the part of Contractor to accept the award, to furnish required documents, and /or to fulfill any portion of this Contract within the time stipulated or within thirty (30) days, whichever is earlier. 8.4 Upon failure of Contractor to perform any of its obligations hereunder and its failure to cure the default within ten (10) days after notice thereof, Airport may, at its option, terminate this Agreement and or pursue any other remedy at law or in equity. All such remedies are cumulative and may be exercised concurrently or separately. Contractor shall pay Airport all costs and expenses, including attorney' s fees, incurred by Airport in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. 8.5 Notice of elective termination pursuant to sub - sections and of this paragraph shall be deemed effective on the third business day after the postmark date of the certified mail notice. Page 5 of 30 Custodial Contract — American Facility Services 8.6 This Contract shall terminate automatically and immediately upon the closing of the Facilities by the City, or if the City loses the funding necessary to maintain the Contract. Cancellation will be at no cost to the City, except for services already provided. ARTICLE 9 COMMERICAL ACTIVITIES Neither Contractor nor its employees, subcontractors, or agents may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. ARTICLE 10 RECORDS AND AUDIT Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. City may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta- Richmond County. ARTICLE 11 CONTINGENT FEES Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, City may terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. ARTICLE 12 RIGHTS AND REMEDIES The rights and remedies of City provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. ARTICLE 13 NON - APPROPRIATIONS Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the City at the close of the calendar year of its execution or if the City suspends performance pending the appropriation of funds. ARTICLE 14 REPRESENTATIONS AND WARRANTIES Page 6 of 30 Custodial Contract — American Facility Services Contractor's Representations and Warranties Regarding Capacity to Contract and Perform Work/Services. In order to induce the City to enter into this Contract, Contractor hereby represents and warrants to the City as of the date above written that: 14.1 Contractor is duly organized and validly existing in good standing under the laws of the state(s) in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 14.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which CONTRACTOR is a party or by which it is bound; and 14.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 14.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein. ARTICLE 15 ASSIGNMENT 15.1 Without the prior written consent of City, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 15.2 Consent of CITY Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of City will be void, except that, upon ten (10) calendar days prior written notice to City, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of City and to any deductions provided for in this Contract. 15.3 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 15.4 No Partnership or Joint Venture; Independent Contractor. Nothing contained in this Contract will be deemed to create a partnership or joint venture between City and Contractor or cause City to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to City is other than as City's Contractor. Contractor must act as an independent agent and not as the agent of City in performing this Contract, maintaining complete control over its employees and all of its lower -tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower -tier supplier or subcontractor and City. No act or direction of the City shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. Page 7 of 30 Custodial Contract — American Facility Services 15.4 Parties Bound. This Contract will be binding upon and inure to the benefit of CITY and CONTRACTOR and their respective successors and assigns. 16.1 Delivery. All notices given by either party to the other under this Contract must be in writing and may be delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled "Addresses ". 16.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand - delivery will be deemed to be received upon acceptance by the respective party or its agent. 16.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 16.4 Addresses. To CITY: For all notices to CITY the address will be: Page 8 of 30 ARTICLE 16 NOTICES Airport Executive Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 Augusta Law Department 501 Greene Street Suite 302 Augusta GA 30901 Attn: General Counsel To CONTRACTOR: For all notices to CONTRACTOR the address will be: American Facility Services, Inc. 1325 Union Hill Industrial Court, Suite A Alpharetta, GA 30004 ARTICLE 17 WAIVER The failure of CITY to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by CITY. The provision in this Contract of any particular remedy will not preclude CITY from any other remedy. ARTICLE 18 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Custodial Contract — American Facility Services Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, county, state, and federal laws, rules, regulations, and ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. In the event that any governmental authority imposes new or materially increased taxes upon the Contractor's operations, the parties agree to negotiate changes in billing reflecting such increased tax costs. ARTICLE 19 INSURANCE REQUIREMENTS 19.1 The Contractor shall procure and maintain continuously in effect throughout the term of its activities upon the Airport at Contractor's sole expense, insurance of the types and in at least such minimum amounts as set forth in this Section. Where the risk to the City is increased by such activity, the minimum limits will vary dependent upon the nature of individual service in such combination, but will in all cases be at least of the highest minimum limit stated in the grouping chosen. In any event, the decision of the Risk Manager shall govern. 19.2 The applicable insurance coverage shall be in force prior to Contractor's entry upon the Airport for the conduct of its business. Contractor agrees to maintain insurance with an Insurer rated "A" or better by AM Best. 19.3 All policies shall include hold harmless provisions included in its Contract with the City. 19.4 The Contractor's insurance policies as required by this Contract shall apply separately to the City as if separate policies had been issued to Contractor and City. The Contractor's Comprehensive General Liability policy shall protect the City against any and all liability created by reason of Contractor's conduct incident to use of the Airport, or resulting from any accident occurring on or about the roads, terminal, driveways or other areas of the Airport used by the Contractor at the Airport. 19.5 The Contractor's insurance as required by these Minimum Standards shall not be subject to cancellation or material alteration until at least thirty (30) days written notice has been provided to the Airport's Risk Manager. Contractor shall furnish to the Risk Manager annually Certificates of Insurance evidencing that all of the herein stated requirements have been met. The amount or amounts of all required policies shall not be deemed a limitation of the Contractor's agreement to indemnify and hold harmless Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees; and in the event Contractor or Augusta, GA shall become liable in an amount in excess of the amount or amounts of such policies, then the Contractor shall save Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees harmless from the whole thereof, except in the event of gross negligence of Augusta, GA. 19.6 The Contractor is required to maintain minimum insurance to protect the Contractor and Augusta, GA from the normal insurable liabilities that may be incurred by Contractor in its operation at the Airport. In the event such insurance as required by this Minimum Standard shall lapse, Augusta, GA and the Aviation Commission reserve the right to obtain such insurance at the Contractor's sole expense. Page 9 of 30 Custodial Contract — American Facility Services 19.7 Contractor shall carry the following types and minimum amounts of insurance coverage at the Airport: 19.7.1. Worker's Compensation Insurance - With employer's liability coverage of at least $1,000,000 each accident, $1,000,000 each employee and a $1,000,000 disease policy limit. The foregoing insurance shall be endorsed to state that that the workers' compensation carrier waives its right of subrogation against the Augusta Richmond County Board of Commissioners, their officers, agents, elected and appointed officials, representatives, volunteers, and employees, the Aviation Commission and the Airport. 19.7.2. Property Insurance — To insure Contractor against loss or damage to the existing structure and any improvements due to fire, lightning and all other perils included in standard extended coverage policies, plus vandalism and malicious mischief coverage, all in amounts of not less than ninety percent (90 %) of replacement value. Upon request by the Aviation Commission, such replacement value shall be determined by a qualified appraiser, a copy of whose findings shall be submitted to the Risk Manager, and thereafter, proper adjustment in the limits of insurance coverage shall be effected. Said property need not be maintained by Contractor, if Contractor is renting or leasing improvement and Contractor's Contractor maintains the required insurance. The foregoing insurance shall be endorsed to state that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA and the Aviation Commission shall be named as loss payees on any Property coverage. Said policy shall contain a Severability of Interest clause. 19.7.3. Comprehensive General Liability Insurance - against claims for bodily injury, death or property damage occurring on, in about the Airport, in an amount recommended by the Risk Manager and acceptable to the Airport. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta- Richmond County Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include Contractual Liability coverage at least as broad as that given in the most current CG 00 01 ISO form. 19.7.4 Automobile Insurance. Automobile Insurance in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta- Richmond County Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional Page 10 of 30 Custodial Contract — American Facility Services insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. 19.7.5 Other Insurance. Dependent upon the precise nature of the aeronautical activities to be conducted by the Contractor, Additional types of insurance coverage such as the following, among other, shall be carried by Contractor: Chemical and Environmental Damage Liability 19.7.5.1 The types and amounts of the above Other Insurance coverage required to be carried by Contractor shall be determined by the Risk Manager on a case -by -case basis. In any event, for each of the above types of insurance required to be carried, no less than One Million Dollars ($1,000,000.00) coverage per occurrence per type of insurance shall be required. Coverage may be required at higher levels than the above minimum based upon the nature of Contractor's risk exposure. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Augusta- Richmond County Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Any such policy shall contain Severability of Interest and Contractual liability clauses. ARTICLE 20 INDEMNIFICATION AND HOLD HARMLESS Except where, and to the extent caused by the sole gross negligence of the City, its agents, employees, contractors, officers or the Board of the Aviation Commission, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta- Richmond County, the Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in the Augusta- Richmond County Code, and particularly Article 1, Chapter 3, Division 1, Section 1- 3 -8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta- Richmond County Code and this Contract, the broader requirement shall govern. ARTICLE 21 DISASTERS Contractor shall make his entire work force assigned to the Airport and materials to secure the Facilities available for protection of life and property in the event of a disaster such as, but not limited to, tornadoes, floods and fires. The Contractor shall do such work as directed by the Administrator and shall keep pertinent records of all work performed. The Contractor shall be separately reimbursed by Change Order for all such work performed which is beyond the scope of this Contract. Page 11 of 30 Custodial Contract — American Facility Services ARTICLE 22 FORCE MAJEURE 22.1. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 22.2. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation by reason of such Force Majeure, there shall be an equitable adjustment of the schedule. 22.3. Contractor will not be liable for failure to perform or for delay in performance as a result of Force Majeure, including the following: (A). Any cause beyond its reasonable control; (B). Any act of God; (C). Inclement weather; (D). Earthquake; (E). Fire; (F). Explosion; (G). Flood; (H). Strike or other labor dispute; (I). Any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other transportation facility; (J). Delay or failure to act of any governmental or military authority; (K). Any war, hostility or invasion; (L). Any embargo, sabotage, civil disturbance, riot or insurrection; (M). Any legal proceedings; or (N). Failure to act by Contractor's suppliers due to any cause which Contractor is not responsible, in whole or in part. ARTICLE 23 PERMITS Contractor will obtain all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor will furnish copies of all licenses, permits, and certifications to the Administrator. Page 12 of 30 Custodial Contract — American Facility Services ARTICLE 24 WORK PERMITS REQUIRED All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E- Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services ARTICLE 25 NON DISCRIMINATION The Contractor shall not discriminate against any employee, or applicant for employment, because of race, creed, religion, color, sex or national origin, marital status, physical handicap or sexual orientation. Further, Contractor agrees, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use Airport, (2) in the furnishing of services at Airport, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and (3) Contractor shall use Airport facilities in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. ARTICLE 26 BADGING Contractor's employees shall obtain identification badges from the Airport for those persons working in the secured areas of the Airport. Contractor will be responsible for paying for the cost of Transportation Security Administration (TSA) required employee background checks and badging. Each individual must satisfactorily completed both a background investigation and badge training consistent with TSA regulations. This may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor as Page 13 of 30 Custodial Contract — American Facility Services well as its employees. Contractor consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. Contractor's failure to comply with Badge procedures shall be considered an event of default. ARTICLE 27 GOVERNING LAW This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and City fix jurisdiction and venue for any action brought with respect to this Contract in Augusta- Richmond County, Georgia. ARTICLE 28 LEGAL CONSTRUCTION If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not effect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. ARTICLE 29 FURTHER ACTS CITY and CONTRACTOR each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract. ARTICLE 30 LOCAL SMALL BUSINESS In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10- 129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and /or collecting liquidated damages. Page 14 of 30 Custodial Contract — American Facility Services MAIN TERMINAL NET CLEANABLE S.F. RESTROOMS FIXTURES PASSENGER GATES 15,352 6 26 PASSENGER TICKETING 7,300 3 16 MID - TERMINAL 11,318 2 4 PASSENGER BAGGAGE CLAIIM 9,969 2 14 ADMINISTRATION 9548 3 13 TOTAL PASSENGER TERMINAL 53487 16 73 FIXED BASE OPERATIONS 14,000 3 12 CONTRACT OPERATIONS 807 2 4 HANGAR 1&2 1200 1 10 WEATHER BUILDING 1000 2 5 TOTAL ALL FACILITIES 70494 27 110 1.1 SECTION 2 ARTICLE 1 SCOPE OF SERVICES The Contractor is to provide all necessary management, supervision, and labor to complete custodial services at the facilities of the Airport. The services described above and in the Performance Work Statement are to be provided in the following facilities: 1.2 The Contractor shall be responsible for the daily complete routine cleaning of the main Passenger Terminal and assigned areas in the Fixed Base Operations (FBO) and outlying areas, as shown in the chart above. The Contractor is not routinely responsible for custodial services for the following areas, however, if cleaning is needed, the Contractor will be compensated for the same as Extra work: 1.2.1. The Lost Bags office and bag storage area. 1.2.2 Tug Drive area behind Baggage Claim. 1.2.3 Airline offices /areas. 1.2.4 Food Prep and Staging area in the Mid - Terminal. 1.2.5 The two (2) Concession areas in the passenger gate area. 1.3 Contractor's custodial responsibilities include, but are not limited to: 1.3.1 Daily cleaning of administrative areas; 1.3.2 Daily vacuuming (trafficked areas) of gate, ticketing, waiting, pre- and post- security areas, and baggage claim areas; 1.3.3 Daily cleaning of all restrooms; 1.3.4 Daily cleaning of the FBO 1.3.5 Contract Operations, 1.3.6 Hanger 1 and Hanger 2; 1.3.7 Weather Building 1.3.8 Daily cleaning of exterior areas; Page 15 of 30 Custodial Contract — American Facility Services 1.3.9 Daily dust - mopping and auto - scrubbing of terrazzo concourses, weekly burnishing of terrazzo concourses; 1.3.10 Weekly dusting and spot - cleaning of furniture, glass and fixtures in all areas. 1.3.11 Policing of all areas, including restrooms and exterior areas at least hourly; and 1.3.12 And other similar cleaning duties as requested. 1.4 DUTIES OF THE ADMINISTRATOR AND CONTRACT COORDINATOR 1.4.1 The person responsible for the performance of this Contract on behalf of Airport is the Administrator. The instructions of the Administrator will be strictly and promptly followed in every case. The Administrator shall have free access to the materials and the work at all times for measuring and inspecting the work. The Contractor is to afford the Administrator all necessary facilities and assistance for so doing. 1.4.2 The Administrator will decide any and all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The Administrator will decide all questions that may arise as to the interpretation of the Performance Work Statement, and plans relating to the work and to the fulfillment of the Contract on part of the Contractor. The Administrator will determine the amount and quality of the various kinds of work performed and materials furnished which are to be paid for under the Contract. The Administrator's or his designee's decisions upon all claims, questions, and disputes will be final and conclusive upon the parties to this Contract. 1.4.3 The Administrator or designee may make temporary changes in the routine assignments, tasks, or task frequencies if such changes do not require additional labor hours. Such changes shall not be considered modifications of the Contract and shall not affect the amount or method of payment to the Contractor. 1.5 WORK SUPERVISION The Contractor will provide direct supervision to its own employees as well as subcontractor employees of subcontractors hired by the Contractor. On -site supervision will be provided by a working supervisor who also has specific cleaning duties. 1.6 LABOR REQUIREMENTS 1.6.1. The Contractor shall provide labor and shifts shown in its Management Plan, which is incorporated by reference as if fully set forth herein. 1.6.2 The Contractor's employees assigned to the 10pm -7am shift will be responsible for the complete routine cleaning of the Passenger Terminal, FBO, Weather Building, Contract Operations, Hanger 1 and Hanger 2. A detailed description of duties for this shift is contained in the Performance Work Statement. 1.6.3 The Contractor will provide a minimum of a male and female attendant from 7am -10pm. These employees primary responsibility is to police the Terminal and FBO. The employees will be responsible for hourly policing the public restrooms in the Passenger Terminal and FBO, as well as fully cleaning the public restrooms once each shift. A detailed description of duties for this shift is contained in the Performance Work Statement. Page 16 of 30 Custodial Contract — American Facility Services 1.6.4 The Contractor's employees assigned to the Saturday /Sunday shift will be responsible for policing the Passenger Terminal and FBO, as well as fully cleaning the public restrooms once each shift. A detailed description of duties for this shift is contained in the Performance Work Statement. 1.6.5 Contractor shall provide trained, qualified personnel to perform the duties required in accordance with the Performance Work Statement. Each Contractor employee assigned to work in the secured areas of the Airport facilities shall undergo a background check to receive the clearance necessary for the employee to work in "Secure Areas" without an escort. The Contractor shall not permit any personnel not having undergone such security background check to work in secured areas of the Airport. 1.6.6 Subject to controlling law, the Administrator will refuse to permit the Contractor to use any employee on this job if the Administrator reasonably deems that individual to be unfit to work at the Airport Facilities in any respect. 1.6.7 Contractor shall keep on file and furnish the Administrator each day a report which lists the names of all personnel present for work that day, showing the positions filled by each person to accomplish the specified work. 1.6.8 Contractor shall instruct its employees that no gratuities shall be solicited for any reason whatsoever from occupants or other persons using the Airport Facilities or any other person. Contractor employees will not remove any property from the Airport grounds or facilities without receiving advance approval from the Administrator. 1.6.9 Contractor's employees must be able to read, write, speak, and understand English. 1.6.10 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to City, Federal Aviation Administration (FAA), and TSA regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Airport reserves the right to require the removal of Contractor employees from assignment to its facility. 1.7 RELIEF FOR ABSENTEEISM AND VACATION 1.7.1 The Contractor shall provide relief personnel to perform routine work as necessary and /or to work overtime at no additional cost to the Airport to insure that each routine cleaning assignment is performed as required, and that the requirements for Labor Hours are met each day. 1.7.2 If the on -site Working Supervisor is absent, the Contractor shall provide a replacement that is competent, has the necessary security clearances and has been given the authority to carry out the duties of the Supervisor, if authorized by the Administrator. 1.8 CONTRACTOR'S EMPLOYEE UNIFORMS AND IDENTIFICATION Contractor shall insure that all employees assigned to the Airport are dressed in clean, neat - appearing uniforms and are wearing appropriate footwear, but shall not wear any type of hats, head wraps or other head gear. Cotton or synthetic smocks (approximately mid -thigh length) will be acceptable. Uniforms must not interfere with the safety of the employee. The Administrator must approve the style and color of Contractor uniforms. The City will not provide the uniforms. Page 17 of 30 Custodial Contract — American Facility Services 1.9 CONTRACTOR TRAINING Individual training for employees is to be done with materials supplied by the Contractor. At any time that a worker is new to the Airport facilities, Contractor shall provide immediate training as necessary, covering types of tasks performed in the assignment by the new worker. 1.10 MAINTENANCE OF EQUIPMENT AND CARTS 1.10.1 Contractor shall require each employee to maintain the cleanliness of their assigned equipment. This shall include custodial carts, all tools, and powered equipment. 1.10.1 At the end of each shift, all equipment must be returned to the Contractor's storage area and must be wiped off with a sponge and neutral detergent before returning it to the storage area. Cleaned equipment, including electrical cords, shall be free of all removable soil. MATERIALS, SUPPLIES, TOOLS, AND EQUIPMENT MANAGEMENT Contractor shall supply all equipment, materials and supplies necessary to allow it to perform the work The Contractor is solely responsible for the maintenance, upkeep, and inventory of materials, tools and equipment. 1.12 KEY SECURITY 1.12.1. Airport keys used by the Contractor will not be taken from the facilities. Keys must be stored in a secure lock box when not being used. In the event of lost or misplaced keys the Contractor will bear the cost of any necessary re- keying. 1.12.2. Contractor employees will keep Airport keys on their person at all times while working in the facilities, securely attached to the body or to the clothing. 1.12.3. Contractor employees may not leave a work area when the doors are unlocked. Unlocked doors must have a Contractor employee present at all times in the immediate area. Page 18 of 30 Custodial Contract — American Facility Services ARTICLE 2 PERFORMANCE WORK STATEMENT 2.1 The intent of this Performance Work Statement is to describe the work that the Contractor shall do in full compliance with the provisions contained herein. The Contractor shall do all the work provided in this Performance Work Statement and shall do additional work and incidental work as may be considered necessary by Airport from time to time to comply with the Performance Work Statement in a satisfactory manner. The Performance Standards for Routine Custodial Work are intended to provide a platform for the routine cleaning tasks and frequencies for the most common housekeeping tasks that will be performed on a frequent basis. The basic task category and frequency for the performance of the tasks is shown on the Task Frequency Matrices. 2.2 The apparent silence on any specification, detail or the omissions of any detailed description concerning any service or point whatsoever shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be of first quality. All interpretations of this specification will be made upon the basis of this statement. 2.3 The Performance Standards are intended to provide the Contractor a platform for the conformance to the Quality Standards. The Contractor may utilize methods and techniques that differ from those shown in the Performance Standards, provided that the different methods and techniques do not reduce the quality level, damage the Airport facilities and grounds, create unsafe working conditions for the Contractor's employees, or require additional time or materials. 2.4 The conformance to the requirements of the Performance Work Statement will be measured by the conformance of the Contractor to the Quality Standards. That is, the result carries more weight than the method used to achieve the result. The desired results can only be achieved if the tasks and frequencies for the work are adhered to by the Contractor. Adherence to these tasks and frequencies by the Contractor will also be used to measure the conformance to the requirements of the Performance Work Statement. 2.5 The Contractor shall provide, for the approval of the Administrator, recommendations for procedures, products, and materials that are considered "Green" from an environmental standpoint. The use of micro -fiber products is encouraged, as is the use of "Green" cleaning chemicals which are not considered hazardous materials by the Federal or State Environmental Protection Agencies. 2.6 Any procedure, product, or material that is approved by the Administrator as "Green" shall at least match, if possible, the cleaning abilities of the more traditional cleaning agents, shall not cause the expenditure of additional Contractor labor, and shall not add to the cost of products and supplies. Cleaning and other products approved by the Administrator for use in this Contract will be hereinafter referred to in the Performance Work Statement as an Approved Cleaning Product (ACP). 2.7 Contractor shall ensure that the facilities are properly cleaned following these performance standards and on the frequencies stated to ensure that the cleanliness of the Airport facilities will meet or surpass the expectations of Airport management. ACP will be used in these standards to represent "Approved Cleaning Product" for the job as described. Page 19 of 30 Custodial Contract — American Facility Services 2.8 POLICING 2.8.1 Policing Exterior Areas, Including Curbside and Verandas Contractor shall collect and dispose of trash in waste receptacles; replace trash liners as needed; empty and clean ash receptacles, collect surface litter with small broom and dustpan, powered blower or "Billy Goat" vacuum. Spot clean entrance door glass and frames; clean trash containers and lids. Mop /pressure wash verandas as needed to remove obvious soil. 2.8.2 Policing and Restock Restrooms Contractor shall place "Closed for Cleaning" signs at entrances, pick up and dispose of trash and litter, empty trash receptacles and replace liners as needed; restock paper goods, soap and sanitary napkins; damp mop floors under urinals and other areas as needed, clean plumbing fixtures and mirrors as needed and report malfunctioning automatic valves. 2.8.2 Policing Terminal and Other Areas Contractor shall clean glass doors at entrances, collect and dispose of trash and replace liners as needed; spot vacuum or dust mop as needed; spot clean interior glass; remove any gross soil or stains from furniture and building surfaces. ARTICLE 3 CLEANING PROCEDURES 3.1 DEEP -CLEAN RESTROOMS Contractor shall Place "Closed for Cleaning" signs at entrances, pick up and dispose of trash and litter, empty trash receptacles and replace liners as needed. Contractor will use the KaiVac® cleaning system to clean the restrooms according to the Performance Work Statement. After cleaning, restrooms will have no objectionable odor, all surfaces (except wallpaper) will be wiped clean with no marks; commodes, urinals, sinks and counter -tops will be dry, clean, and polished. Mirrors will be clean and streak -free. Floors will be clean, dry, and free from streaks, stains or whirl marks. Refill the soap and paper towel dispensers and replace toilet tissue as needed. Grout and baseboards will be clean and free of stains. All towel and hand soap dispensers will be filled. Hand soap dispensers and adjacent surfaces should be damp -wiped to remove spillage. Waste baskets will be empty and will have clean liners. Sweep or dust mop the floor and pick up and dispose of all litter. Empty the waste containers and damp wipe them as needed. Replace any soiled or torn liners. Refer to the frequency matrix for the frequencies for completing the restroom cleaning tasks. The Kiavac cleaning system may be used in lieu of these procedures. If the Kiavac system proves to be ineffective then these procedures should be implemented. 3.2 CLEAN AND DISINFECT SINKS, COMMODES AND URINALS Apply window cleaner to the mirrors and clean the mirrors with a paper towel, being sure to remove any streaks or marks. Using the pump -up sprayer, apply the ACP solution to the basins and counter tops and to the tiled wall area beside the basins. Clean the tops, sides, insides, hardware, piping underneath and counter tops between the basins with a micro fiber cloth. Dry the surfaces with a dry cloth or paper towel to prevent spotting. Page 20 of 30 Custodial Contract — American Facility Services Use a pump -up sprayer to apply the ACP solution to all the urinals and to the tiled wall area between and below the urinals and clean with a micro fiber cloth. This cloth should be of a particular color that will be used only on commodes and urinals. Clean the insides of the urinals with a bowl mop, making sure to remove any scale and buildup. Use the bowl mop to clean the underside of the flushing rim. Wipe metal surfaces dry with a clean cloth to prevent spotting. Clean under the urinal if wall hung. Use a pump -up sprayer to apply the ACP solution to the insides and outsides of the commodes and to the wall areas beside them. Spray the top of the seat first, then lift the seat and spray the remainder of the fixture. Clean the seat, outside of the fixture, and wall beside the fixture with the same color cloth used to clean the outsides of the urinals. Clean the inside of the fixture with a bowl mop, making sure to remove any scale and buildup. Use the bowl mop to clean under the flushing rim. Wipe dry the top of the seat and the metal surfaces with a cloth to prevent spotting. In smaller rest rooms, particularly in the Administration, TSA and Marshal's areas the use of a pump - up sprayer may not be practical. In these areas, use an aerosol or spray bottle to apply the cleaner /disinfectant. Spray a liberal amount of ACP solution onto the tiled floor surfaces. Mop the floor, removing all soil and stains. Use a scrub brush for heavy or greasy soil. Squeegee the mopping solution into the floor drain, or finish the mopping with a well -wrung mop and mop bucket filled with ACP solution. Vacuum the carpeted entranceway. 3.3 REMOVE TRASH, REPLACE LINERS All waste receptacles and other trash containers within the area should be emptied and returned to their initial location. Boxes, cans, papers, etc. placed near a trash receptacle will not be removed unless placed within the receptacle itself or affixed with a label marked "please throw" or "trash ". All waste from such trash receptacles should be removed from the area and placed at in one of the collection dumpsters outside the terminal. The exterior of waste receptacles should damp -wiped with the ACP as needed. All plastic liners that are torn or obviously soiled should be removed from trash receptacles and replaced with new plastic liners. The liners should be folded back over the rim of the receptacle and made secure. 3.4 CLEAN ENTRANCE MATS Interior entrance mats should be vacuumed daily. If the mat or surrounding area is wet, it may be necessary to use a wet/dry vacuum. The mat should be periodically removed not less than once per week and the area underneath should be mopped and allowed to completely dry before replacing the mat. Clean exterior mats by sweeping, vacuuming, "bumping ", or hosing. Exterior mats should be replaced when they become worn, or are no longer capable of trapping dirt and moisture. In the Main Terminal where the "slotted" matting or other devices are installed in a pan, the matting shall be removed and the pan shall be cleaned at least once per month. Page 21 of 30 Custodial Contract — American Facility Services 3.5 DUST BUILDING AND FURNITURE SURFACES Use a micro fiber cloth, lambs -wool dusting tool, tank vacuum with dusting attachments, or combination of these dusting tools to remove all dust, lint, litter, dry soil, etc. from the horizontal surfaces of desks, chairs, file cabinets, and other types of furniture and equipment and from horizontal ledges, window sills, blinds, hand rails, etc., below 8'0" from the top of the floor surface. Items on desktops are not to be disturbed. After regular dusting, all such surfaces should have a uniform appearance, be free of any streaks, smudges, dust, lint, or litter. Dusting should be accomplished by removal of soil from the area -- not by rearranging it from one surface to another. Desktops, counter tops, file cabinets and the like must be completely cleared before dusting. In stairwells, the tops and sides of any exposed, wall mounted lighting fixtures shall be dusted weekly, as well as the tops of suspended light fixtures in other areas of the buildings, up to a height of eight (8) feet. 3.6 REARRANGE FURNITURE AS REQUIRED Chairs or other furniture moved by the custodial worker during the performance of the work should be returned to their appropriate location. Furniture must be placed in specified location and missing items be reported. Seating in the Gate area shall be damp -wiped once per week. 3.7 SPOT CLEAN FURNITURE, FIXTURES, WALLS, PARTITIONS, DOORS, ETC. Use a clean micro fiber cloth and spray bottle of ACP to remove fingerprints, smudges, marks, streaks, etc. from washable surfaces of walls, partitions, doors, desks (must be completely cleared), furniture, fixtures, appliances, rest rooms and drinking fountains. After spot cleaning, there should be no streaks, spots, or other evidence of removable soil. This includes both sides of glass in exterior doors and vestibules and in offices. 3.8 DUST MOP /SWEEP All visible litter such as paper, rubber bands, paper clips, chewing gum, etc. should be picked up or swept and placed in a waste collection container. Prior to sweeping the floor surface, use a mop and solution of ACP to remove spills and obvious soil from the floor. Use a putty knife to remove gum, tar, and other sticky substances. On terrazzo or other smooth finished floor surfaces, use the largest micro fiber dust mop that is practical to remove accumulated soil and litter. On concrete exterior areas use a push broom. The entire area to be swept should be cleaned thoroughly to remove dust, dry soil, and other litter. Chairs and trash receptacles should be tilted or moved where necessary to sweep underneath. After the floor has been swept, the floor surface, including corners and abutments should be free of streaks, litter, and spots caused by spills or tracking. Soil can be removed from the dust mop by vacuuming, or carefully brushing into a trash bag or container. 3.9 SPOT MOP A wet mop, mop bucket and wringer, and an ACP solution should be used to remove all obvious soil and non - permanent stains from the entire area. The ACP solution should be changed periodically and remain clear. Trash receptacles, chairs, etc. should be moved when necessary to spot mop underneath. After being spot mopped, the floor should have a uniform appearance with no streaks, swirl marks, detergent residue, or any evidence of soil. There should be no splash marks or mop streaks on furniture, walls, baseboards, etc. or mop strands remaining in the area. Page 22 of 30 Custodial Contract — American Facility Services 3.10 DAMP MOP Boarding ramps in the Gate area should be damp- mopped daily. Prior to being damp mopped, the floor surface should be swept or dust mopped. A wet mop, mop bucket and wringer, and an ACP solution should be used to remove soil and non - permanent stains from the entire area. The ACP solution should be changed periodically and remain clear. All accessible areas should be damp mopped. Chairs, trash receptacles, etc. should be moved when necessary to mop underneath. After being damp mopped, the floor should have a uniform appearance with no streaks, swirl marks, detergent residue, or any evidence of soil. There should be no splash marks or mop streaks on furniture, walls, baseboards, etc. or mop strands remaining in the area. 3.11 WET MOP FLOORS Prior to being wet cleaned, the entire floor surface should be swept or dust mopped. A wet mop, dual compartment mop bucket, and wringer, scrub brush, floor squeegee and ACP should be used to remove all soil and non - permanent stains from the entire floor, baseboards, etc. The ACP solution should be applied to the entire floor area and allowed to remain for three to five minutes. Then the entire floor area should be scrubbed with the scrub brush if the floor is heavily soiled. In areas with floor drains, the floor should then be squeegeed dry and rinsed with clear water. In areas without a floor drain, the solution should be picked up with a wet mop and mop bucket and wringer or a wet pick -up vacuum if available and then rinsed twice with clean water. The mop should always be placed in the rinse water compartment of the mop bucket before being placed in the ACP side of the bucket. All accessible areas should be wet cleaned. Chairs, trash receptacles, etc. should be moved when necessary to mop underneath. After being wet cleaned, the floor should have a uniform appearance with no streaks, swirl marks, detergent residue, or any evidence of soil. There should be no splash marks or mop streaks on furniture, walls, baseboards, etc. or mop strands remaining in the area. 3.12 VACUUM TRAFFIC PATTERNS Use an upright carpet vacuum or Power -vac with carpet tool to remove obvious soil and litter from the carpet in the traffic areas and where surface soil is apparent. Pick up and dispose of larger pieces of litter and debris. 3.13 VACUUM COMPLETE Use an upright carpet vacuum to collect surface soil and embedded grit from all areas accessible to the carpet vacuum. The vacuum should be adjusted to correspond with the pile height of the carpet. Chairs and trash receptacles should be tilted or moved where necessary to vacuum underneath. Additionally, as necessary, to prevent any visible accumulation of soil or litter in carpeted areas inaccessible to the upright carpet vacuum, a crevice tool and brush attachment should be used. After the carpeted floor has been completely vacuumed, it should be free of all visible litter, soil, and embedded grit. 3.14 SPOT CLEAN CARPETS Use an ACP carpet stain remover solution, a clean micro fiber cloth, and a nylon brush to remove obvious spots and stains from carpets. Spot cleaning should be attempted only after the carpet has been completely vacuumed. Spray a small amount of the solution directly onto the spot to be removed. Using the nylon brush, start at the outer edges of the spot and brush toward the center. Page 23 of 30 Custodial Contract — American Facility Services Remove the residue with the clean micro fiber cloth. If the spot is not completely removed, repeat the procedure. If the spot remains after the second attempt, report the problem to the Supervisor. 3.15 RESTORE FINISH (SPRAY -BUFF FLOORS COATED WITH SYNTHETIC FLOOR FINISH) Prior to being spray- buffed, the floor surface should be dust mopped and damp mopped to remove any dry or wet soil. A single -disc floor machine, buffing pad, and a spray bottle with spray- buffing solution should be used to restore a uniform gloss and protective finish to terrazzo floors which are finished with a synthetic floor finish. The spray -buff solution should be prepared by mixing a solution of equal parts of water and floor finish. The areas accessible to the floor machine should be spray buffed. Chairs, trash receptacles, etc. should be tilted and moved where necessary to spray -buff underneath. The floor should be dust mopped after spray buffing. After spray buffing the entire floor should have a uniform, glossy appearance, free of scuff- marks, heel marks, and other stains, and should have a uniform coating of floor finish. All spray -buff solution should be removed from baseboards, furniture, and waste receptacles. Entrance vestibules should be spray -buffed daily. 3.16 RESTORE FINISH (BURNISH FLOORS COATED WITH SYNTHETIC FLOOR FINISH) In wide open, non - obstructed, and clear areas use the "burnishing" technique to restore the floor finish. This technique relies on the high level of heat generated by a pad driven by an ultra high- speed floor machine to polish and restore the surface of the finish. Generally, if the coat of floor finish is in good condition no spray buff or burnishing material is required to polish the floor and restore the surface of the finish. The burnishing technique requires an ultra high -speed floor machine (1000 to 2500 RPM). The burnishing effect of the high -speed machines is all that is needed to restore the luster and shine to the surface. If the floor begins to show some signs of deterioration a solution of 1/2 water and 1/2 floor finish can be damp- mopped onto the clean floor. Once this solution has dried the floor can be burnished using the ultra high -speed floor machine equipped with a burnishing pad. 3.17 CLEAN AND DISINFECT DRINKING FOUNTAINS Use a spray bottle of cleaner /disinfectant, micro fiber cloth, and a small percolator brush or bottle brush to remove all obvious soil, streaks, smudges, etc. from the drinking fountains and cabinets. Next clean all the porcelain and polished metal surfaces including the orifices and drain. Damp wipe the sides of the fountain and clean any exposed piping, as well as ventilation louvers. Report any leaks or malfunctions to the supervisor. After cleaning, the entire drinking fountain should be free of streaks, stains, spots, smudges, scale, and other removable soil. 3.18 CLEAN INTERIOR GLASS Use a spray bottle of ACP glass cleaning solution and a clean dry micro fiber cloth to completely clean both sides of interior glass in doors, windows, partitions, workstations, displays, trophy cases, mirrors, and other areas, up to 8'0" high. Remove any papers, notices, and the like taped or otherwise attached to the glass surfaces. Use a scraper or safety razor blade to remove these items. Spray a small area (usually about 3'x4') with the glass cleaner, and remove the cleaner and soil with a circular motion of the clean cloth Use a brush, squeegee and bucket of glass cleaning solution to clean large expanses or areas of glass. After cleaning the glass shall present a clean, uniform appearance and be free of any streaks, smudges, stain, or soil. Page 24 of 30 Custodial Contract — American Facility Services 3.19 CARPETS Carpets will be thoroughly clean and free from dust, dirt, embedded grit, stains, and debris. Nap will be laid in one direction. Visible spots or stains shall be removed. Worn or un- cleanable carpet tile should be replaced with new carpet tile. 3.20 NON - CARPETED FLOORS 3.20.1 Preparation for wet cleaning: The entire floor surface shall be dust mopped. Cleaning solutions, where used, have been mixed thoroughly and in the proportions specified in approval products test without undue spillage of either solution or rinse water. The concourse areas (terrazzo) will be power scrubbed with the auto - scrubber. 3.20.2 Proper precautions will be taken to advise terminal occupants of wet and /or slippery floor conditions, and erect suitable safety warning signs. 3.20.3 Care will be taken to prevent damage to furnishings, etc. The space to be wet - cleaned will be properly prepared by sweeping or vacuuming the floor area as necessary or otherwise clearing it of visible debris. 3.20.4 Floor Mopping: The mopping work will be performed in such a manner as to properly clean the floor surface, care having been taken to see that the correct type and mixture of cleaning solution, if required, has been used. 3.20.5 All mopped areas will be clean and free from dirt, streaks, detergent residue, mop marks and strands, etc., properly rinsed, if required, and dry mopped to present an overall appearance of cleanliness. 3.20.6 Wall, baseboards, furniture and other surfaces will be free of watermarks, scars, or marks from the cleaning equipment striking the surfaces and splashing from the cleaning solution and rinse water. 3.20.7 Care will be taken throughout the mopping operation to prevent the liquids and equipment from coming into contact with electric outlets located in the floor areas or baseboards. 3.20.8 Preparation of Floor Area for Burnishing: Prepare the surface by dust mopping the entire area and removing any wet spills or heavily soiled areas with a damp mop. Dried residue (gum, etc.) should be removed with a putty knife and /or gum remover. When finished, walls, baseboards, furniture bases and other surfaces will be free of watermarks, marks from the cleaning equipment or cleaning solutions. 3.20.9 Burnishing: Use the burnishing machine to burnish the entire floor (use a burnishing pad), overlapping each pass by at least 6 ". When the burnishing has been completed, the floor surface shall have a uniform high gloss with no scratch marks, swirl marks or blemishes of any kind. The burnishing solution can be applied by using the auto scrubber. Burnishing solution will be applied thinly, uniformly and evenly in such a manner as to avoid skipping of areas. Walls, baseboards, furniture and other surfaces will be free of solution residue and marks from the equipment. Page 25 of 30 Custodial Contract — American Facility Services 3.21 PUBLIC AREAS 3.21.1 Sweeping, Dusting and Pickup: Public areas will be clean and free of dirt streaks, litter and spots caused by spilling or tracking. No dirt or debris will be in corners, under furniture, behind doors, or where dirt or debris has been picked up in cleaning operations. Chewing gum and other foreign materials will be removed from the area. All horizontal surfaces or surfaces that will hold dust will be free of observable dust. All surfaces shall have a uniform appearance, free of streaks, smudges, dust, lint or litter. There will be no spots on interior glass up to a height of 8'0" from floor level. Doorknobs, panic bars, kick plates, railings, floors, and other surfaces shall be cleaned and polished to the luster of new product. 3.21.2 Drinking fountains, including all sides, will be free of all debris and spots. The wall surfaces around the drinking fountains will be free of water spots and streaks. Drinking fountains will be sanitized to reduce the possibility of germ contamination. 3.22 ALL TERMINAL AREAS 3.22.1 All wastepaper baskets will be empty and in place, clean and ready for use with new liners. There will not be any foreign substances left in corners, under furniture or behind doors. Carpets will be clean. Composition floors will be clean, and have a uniform shiny gloss appearance. Furniture and equipment moved during cleaning will be returned to its original location. There will be no trash or litter under tables, or chairs. 3.22.2 All surfaces shall have a uniform appearance, free of streaks smudges, dust and litter. Corners and crevices will be free from any dust. There will smudges or finger marks on walls or interior glass. Window sills, door ledges, door frames, door louvers, elevator doors, window frames, wainscoting, baseboards, columns and partitions will clean and free of smudges or marks. 3.22.3 Mirrors, entrance doors and all interior glass will be clean and free of dirt, dust, streaks, and spots. Exterior windows will be washed on both sides as scheduled. Page 26 of 30 Custodial Contract — American Facility Services Cleaning Task Remove Trash, Replace Liners swooi;sal 0 azs a) c a to t0 ft; D u) a : co U C) O < < D Q) a) E .- o ++ C (C >0 D 05 Q) o Q) w D Vacuum Walk -off Mats D Clean Entrance Glass D Dust Horizontal Surfaces W D D Damp Clean Surfaces W W D Dust Mop /Sweep D D D D Spot Mop - W D Damp Mop D M Wet Mop or Kiavac D AR Scrub with Auto - Scrubber D Restore Finish W Spray- buff /Burnish W W Vacuum Complete D W W D Spot Carpets D D D D Disinfect Drinking Fountains D - D D Clean Interior Glass D D D D Vacuum /Damp Clean Furniture W W Report items needing repair D D D D D Clean Glass and Mirrors D Clean and Disinfect Fixtures D Damp Wipe All Surfaces D Replace Paper /Soap D De -scale Urinals /Commodes W Scrub /Pressure Wash Floor M Power blow /vacuum Exterior Area D Pressure Wash Verandas W W ARTICLE 4 QUALITY STANDARDS The standards shown bek........, if enforced day -to -day, result in the Airport being maintained at a very high level of cleaning. The key to success is the timely completion of the prescribed cleaning tasks on a regular basis. ROUTINE CUSTODIAL TASKS /FREQUENCY MATRIX 5/D =Five (5) times /day; 3/D =Three (3) times /day; D= Daily; W= Once/Week; M= Monthly Page 27 of 30 Custodial Contract — American Facility Services Area Type Penalty Vestibule $25.00 /vistibule Terrazzo concourse $5.00 /square foot Office /Administrative Work Space $1.25 /square foot Gate Area $1.00 /square foot Ticketing Area $1.00 /square foot Baggage Claim Area $1.00 /square foot Restroom $100.00 /restroom Exterior Area $1.50 /square foot Waste Containers (Exterior /interior) $5.00 /container FBO /Outlying Spaces $1.00 /square foot ARTICLE 5 NON - PERFORMANCE OF ROUTINE WORK 5.1 All Routine Work tasks required by the Performance Work Statement must be performed in an area before that area is considered acceptable. If all tasks have not been properly completed as required by the Quality Standard, including leaving doors open in an area then the entire area will be considered unacceptable. 5.1.1 Routine Work will be considered not to have been performed (non - performed) when any one of the following conditions exists: a. The appearance of the area does not comply with the Quality Standards. b. The required work tasks were not completed. c. The correct number of work hours was not applied to the work. d. The proper materials, tools, or equipment were not used. e. The above list of conditions which determine non - performance of work is not exhaustive. The Contractor may be penalized for non - performance. Contractor's failure to perform Routine work as set forth herein shall subject it to deductions for the for non performance for Routine Work and said penalties, as set forth below, shall be deducted from the Contractor's invoice. ARTICLE 6 CONTRACTOR'S COMPENSATION FOR ROUTINE WORK 6.1. Contractor shall be compensated monthly for routine cleaning work, after approval of invoice. 6.2. Airport will make every effort to insure the Contractor's invoice is paid within twenty (20) working days after receipt of the invoice. 6.3 Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. ARTICLE 7 CONTRACTOR'S COMPENSATION FOR EXTRA SERVICES WORK Page 28 of 30 Custodial Contract — American Facility Services Extra Services (project cleaning) will only be performed with prior notice to and approval by Airport. The Contractor shall use the employees normally assigned to routine cleaning for project cleaning and miscellaneous work. The Contractor will be compensated for Extra Services Work by the following formula: 1.35 x (negotiated required hours) x (employee hourly rate). ARTICLE 8 BOOKS and RECORDS Airport or its accountants may, during regular business hours, inspect as much of the Contractor's books and records as pertain to the cost incurred in furnishing the services described in the Contract as deemed necessary by Airport. ARTICLE 9 ENTIRE AGREEMENT PRIOR CONTRACTS SUPERSEDED This Contract, together with all of the Contract Documents, shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. ARTICLE 10 COUNTERPARTS This Contract may be executed concurrently in one or more counterparts, each of which will be deemed to be an original, but all of which will together constitute one Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. Page 29 of 30 Custodial Contract — American Facility Services SIGNATURE PAGE AUGUSTA - RICHMOND COUNTY, GEORGIA B y: Mayor Dek )((2f cz ATTEST: Lena AUGUSTA AVIATION COMMISSION L IB 41 f f i •rre�Per By: J Title airman AMERICAN F y: Kevi cCann As its: President (seal) Page 30 of 30 Copenhaver. er dr M 0iv b - GrTf2p0 o ITY S ICES, INC. — 5 (/i i Date Date 2-0/ Custodial Contract — American Facility Services