HomeMy WebLinkAboutKAMO, MITY-LIFE, MTS-SEATING, SOUTHERN ALUMINUM, US-FOODS ( TEE CENTER PROJECT)- AGREEMENT -
KAMO (Contractor) and the Augusta, Georgia. (Owner) mutually agree as follows:
1. BASIC SERVICES. Contractor will provide to the Owner for the New TEE Center (Project)
those services described in Attachment A, Basic Services, which is incorporated herein. The
Contractor will perform the Basic Services in such manner that they will conform to the
provisions of the this agreement,
2. COMPENSATION. Contractor will submit monthly invoices for services rendered before the
fifth of the month, together with such documentation as the Owner may reasonably require,
demonstrating Contractor's right to payment as listed in Attachment B, Basis of
Compensation, which is incorporated herein. The Owner will pay Contractor within thirty days
after receipt of request for payment from the Contractor.
Compensation includes local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or
duties will be assumed and paid for by Contractor.
To the extent that the pricing provided by the contractor is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
3. ADDITIONAL SERVICES. Contractor will perform Additional Services upon mutual consent
of Owner and Contractor and upon written authorization to proceed from the Owner. Such
Additional Services will be paid for in accordance with this Agreement. Compensation will be
based on Time Spent basis plus Reimbursable Expenses, unless otherwise agreed.
4. PERIOD OF PERFORMANCE. The period of performance under this Agreement will begin
on Monday, October 29, 2012 and end on Wednesday, January 30, 2013. The duration of
these services may be extended upon mutual written consent. Contractor and Owner will not
be liable to each other for any delays in the performance of their obligations and
responsibilities occurring beyond their reasonable controls and /or without their fault or
negligence, including but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However,
in the event of any such delays, the Period of Performance will be extended by a period of
time corresponding with the period for which the Work was delayed.
5. LIQUIDATED DAMAGES. The Contractor agrees to pay as liquidated damages to Augusta,
Georgia the sum of $1,000.00 for each consecutive calendar day after expiration of the
Contract Time or Completion Time, except for authorized extensions of time by Augusta,
Georgia.
The liquidated damages set forth above are not intended to compensate Augusta, Georgia for
any damages other than inconvenience and loss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude Augusta, Georgia from recovering
other damages in addition to the payments made hereunder which Augusta, Georgia can
document as being attributable to the documented Contractor failures. In addition to other
costs that may be recouped, Augusta, Georgia may include costs of personnel and assets
used to coordinate, inspect, and re- inspect items within this Contract as well as attorney fees
if applicable.
6. INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and its officers,
agents and employees from any injury, loss, expense or damage of any kind arising out of
any breach of this Agreement, or any negligent or willful act by Contractor in connection with
the performance of its services under this Agreement. This indemnity will survive expiration or
termination of this Agreement.
7. INSURANCE. The Contractor shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta,
Georgia against liability or financial loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error, act or omission of the Contractor in
performance of the work during the term of this Agreement.
The Contractor shall provide, at all times that this Agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The Contractor shall provide at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workers Compensation Insurance - in accordance with the laws of the State of
Georgia.
B. Public Liability Insurance - in an amount of not less than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not less than One Million ($1,000,000) Dollars on account of any one
occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure restoration of any
plans, drawings, field notes or other similar data relating to the work covered by the
Project.
E. Professional Liability Insurance - in an amount of not less than One Million
($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
Augusta, Georgia will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage's identified in items (B) and (C).
The policies shall be written by a responsible company(s), to be approved by Augusta,
Georgia, and shall be noncancellabie except on thirty -(30) days' written notice to Augusta,
Georgia. Such policies shall name Augusta, Georgia as co- insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of
insurance shall be filed with the Director at the time of the execution of this Agreement.
8. GOVERNING LAW. This Agreement will be governed by the laws of the State of Georgia.
9. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
10. TERMINATION. The Owner may terminate this Agreement for any reason by giving the
Contractor written notice at least fifteen days prior to the effective date of termination. In the
event of such termination by the Owner, the Owner will pay the Contractor for all amounts due
to the Contractor for services satisfactorily performed as of the effective date of termination.
11. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT. To the
extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally
order a temporary stopping of the work, or delaying of the work to be performed by the
Contractor under this agreement.
12. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and the Contractor and supersedes all prior negotiations or
representations of either party, and may be amended only by a writing signed by both parties.
13. NOTICE. Notices hereunder will be delivered personally or by mail, postage prepaid, certified
or registered mail, return receipt requested to the address of the receiving party set out
below.
Georgia Prompt Pay Act not applicable. The terms of this Agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
14. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an
amicable manner by submitting the dispute to a mutually acceptable mediator under the
American Arbitration Association Construction Industry Mediation Rules, before having
recourse to a judicial forum. Provided however, nothing herein shall prevent either party from
pursuing equitable relief in a court of law without first mediating said dispute.
All claims, disputes and other matters in question between Augusta, Georgia and the
Contractor arising out of or relating to the Agreement, or breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
3
15 STANDARD OF CARE. Contractor covenants with the Owner to furnish a high degree of
professional skill and judgment with due care in accordance with the generally accepted
standards of professional practice in the same or similar locality and in accordance with the
federal, state, and local laws and regulations which are applicable to the performance of the
Services.
16 "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 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
17 and services, except revenue producing contracts
18 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.
4
19 RIGHT TO INSPECT PREMISES. Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Contractor or any subcontractor of
Contractor or subunit thereof which is pertinent to the performance of any contract awarded or
to be awarded by Augusta, Georgia.
20 LOCAL SMALL BUSINESS LANGUAGE: (General Provisions pg.3 -4) 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.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed this Agreement under
seal.
By:
Date:
[SEAL]
Date
Contractor:
KAMO
4rriSHefry Weinstein
/0/2 q/1;...
/1rchele G ;Lhs
1E-
101415
By:
Owner:
Augusta, Georgia
A i tfl1-
Date: 1 , (Z
Deke Copenhaver
Mayor
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
I DESCRIPTION J
QTY
UNIT PRICE
TOTAL PRICE
FLATWARE
1
Dinner Fork
500
$ 4.76
$ 28,560.00
2
Dinner Knife
400
$ 5.50
$ 26,400.00
3
Teaspoon
350
$ 2.86
$ 12,012.00
4
Cutlery Bin
12
$ 8.75
$ 105.00
5
Dishwasher Rack for Flatware
12
$ 13.00
$ 156.00
Total Flatware Section
$ 67,233.00
f
TABLE TOP
1
Salt Shaker
240
$ 0.62
$ 148.80
2
Pepper Shaker
240
$ 0.62
$ 148.80
3
Basket
480
$ 2.59
$ 1,243.20
4
Creamer, China
480
$ 5.40
$ 2,592.00
Total Table Top Section
$ 4,132.80
CHINA
1
Bread & Butter Plate
160
$ 8.99
$ 17,260.80
2
Plate, China
326
$ 10.32
$ 40,371.84
3
Saucer, China
160
$ 8.28
$ 15,897.60
4
Cup, China
160
$ 3.57
$ 6,854.40
5
Plate
160
$ 11.75
$ 22,560.00
6
Cover, Plate
1920
$ 13.50
$ 25,920.00
7
Cart, Dish (ADD601)
19
$ 618.13
$ 11,744.47
8
Cart, Dish (ADD459)
8
$ 559.26
$ 4,474.08
9
Dome Storage Cart
11
$ 108.17
$ 1,189.87
10
Square Plat - Appetizer
1200
$ 1.17
$ 1,404.00
11
Spoon - Appetizer
1200
$ 1.33
$ 1,596.00
12
Coffee Mugs - White
2400
$ 1.09
$ 2,616.00
Total China Section
$ 151,889.06
Page 1 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS 1 DESCRIPTION 1
QTY
UNIT PRICE
TOTAL PRICE
GLASSWARE
1
Hi Ball -177 Dozen
2124
$ 1.09
$ 2,315.16
2
Wine -162 Dozen
1944
$ 2.50
$ 4,860.00
3
Cocktail Martini - 50 Dozen
600
$ 2.75
$ 1,650.00
4
Old Fashioned -177 Dozen
2124
$ 0.99
$ 2402.76
5
Water - 333 Dozen
3996
$ 1.41
$ 5,634.36
6
Champagne
100
$ 4.36
$ 436.00
7
Dishwasher Rack Glass
Compartment
205
$ 25.17
$ 5,159.85
8
Dishwasher Rack Glass
Compartment
40
$ 34.79
$ 1,391.60
9
Dishwasher Rack Glass
Compartment
84
$ 15.56
$ 1,307.04
10
Dishwasher Rack Glass
Compartment
38
$ 29.99
$ 1,139.62
11
Dishwasher Rack Glass
Compartment
64
$ 29.99
$ 1,919.36
12
Dishwasher Rack Glass
Compartment
71
$ 25.17
$ 1,787.07
13
Dolly, Dishwasher Rack
100
$ 85.77
$ 8,577.0f
14
Dishwasher Rack Glass
Compartment
216
$ 11.83
$ 2,555.28
Total Glassware Section
$ 40,835.10
UTENSILS - SERVING
1
Serving Tongs
240
$ 4.94
$ 1,185.60
2
Ice Tongs
155
$ 3.53
$ 547.15
3
Slotted Spoon
144
$ 4.43
$ 637.92
4
Solid Spoon
144
$ 4.43
$ 637.92
5
Pie Server
60
$ 5.96
$ 357.60
6
Gravy Ladle
60
$ 5.56
$ 333.60
7
Serving Ladle - 4 oz
96
$ 5.75
$ 552.96
8
Serving Ladle - 6 oz
60
$ 6.22
$ 373.20
Total Utensils - Serving
$ 4,625.95
Page 2 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
HEAVY EQUIPMENT
1
Garbage Can - 44 Gallon
12
$ 99.24
$ 1,190.88
2
Garbage Can - 23 Gallon Black
48
$ 178.20
$ 8,553.60
3
Garbage Can - 23 Gallon Blue
24
$ 178.20
$ 4,276.80
4
Coat Rack
6
$ 960.36
$ 5,762.16
5
Tilt Truck
2
$ 631.80
$ 1,263.60
6
Tilt Truck 2100 lb
2
$ 695.64
$ 1,391.28
7
Tray Mirror
200
$ 113.31
$ 22,662.00
8
Carving Station
6
$ 813.18
$ 4,879.08
9
Heat Lanp
6
$ 751.62
$ 4,509.72
10
Chrome Bass Lamp
6
$ 691.23
$ 4,147.38
11
Two -Way Radio (4 Channel!)
8
$ 289.00
$ 2,312.00
12
Professional Bar
1
$ 3,113.00
$ 3,113.00
13
Drawer Warmer
2
$ 2,857.47
$ 5,714.94
14
Drawer Warmer Accessories
2
$ 82.51
$ 165.18
15
Drawer Warmer Accessories 3 - 5/
1
$ 140.42
$ 140.42
16
Drawer Warmer Water/
Spillage Pan
1
$ 109.15
$ 109.15
17
Drawer Warmer Splash Baffle
1
$ 24.26
$ 24.26
18
Drawer Warmer Food Pan
1
$ 50.82
$ 50.82
19
Self Propelled Scissor Lift
1
$ 28,703.87
$ 28,703.87
20
Tabletop Podium
4
$ 1,628.08
$ 6,512.32
21
Floor Style Podium
4
$ 5,035.99
$ 20,143.96
22
American Flag Set
2
$ 279.30
$ 558.60
23
Georgia Flag
2
$ 58.28
$ 116.56
24
Flag Display Mounting
2
$ 208.43
$ 416.86
25
Rider Scrubber
1
$ 14,445.00
$ 14,445.00
26
Bulletin Board
24
$ 919.43
$ 22,066.32
27
Velcro Tape Reels
12
$ 66.42
$ 797.04
28
Velcoin Fasteners
12
$ 8,332.00
$ 999.84
29
Pallet Truck
1
$ 562.35
$ 562.35
30
Wire Carts
6
$ 162.54
$ 975.24
Page 3 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
31
Wire Shelf Ledge 24 x 4
24
$ 6.90
$ 165.60
32
Wire Shelf Ledge 36 x 4
24
$ 12.40
$ 297.60
33
Cooler
8
$ 297.85
$ 2,382.80
34
Hand Truck
, 2
$ 247.25
$ 494.50
35
Pole Belt Stanchions
24
$ 79.35
$ 1,904.40
36
Pole Sign Fram
12
$ 28.75
$ 345.00
37
Kitchen Matt
6
$ 22.52
$ 135.12
38
Easel
12
$ 51.29
$ 615.48
Total Heavy Equipment
$ 172,904.73
CONCESSION STAND
1
Refrigerated Case
(45 -1/2 L x 24 D x 82 -1/4)
w /cover
1
$ 8,927.03
$ 8,927.03
2
Casters for Refrigerated Case
As Required
$ -
included $0
3
Shelves for Refrigerated Case
As Required
$ -
included $0
4
Refrigerated Self Service Case
1
$ 8,117.29
$ 8,117.29
5
Casters for Self Service
Refrigerated Case
As R
Required
$ -
included $0
6
Combination Hot/Refrigerated
1
$ 22,553.97
$ 22,553.87
Casters for Combination
Hot/Refrigerated
As Required
ca
$ -
included $0
8
Freezer w!cover
1
$ 1,384.74
$ 1,384.74
9
Casters for Freezer
As Required
$ -
included $0
10
Single Cup Coffee System
2
$ 12,384.75
$ 24,769.50
11
Catering Table
2
$ 2,874.38
$ 5,748.76
12
Dispensing Cabinet
2
$ 301.89
$ 603.68
13
Condement Organizer
2
$ 126.79
$ 253.58
14
Mobile Ice Restock Cart
1
$ 3,624.86
$ 3,624.86
15
Waste Receptacle
2
$ 2,408.44
$ 4,816.88
16
Bussing Cart
2
$ 3,903.21
$ 7,806.42
17
Drawer - Bussing Cart
As Required
$ -
included $0
18
Host Station
1
$ 4,609.55
$ 4,609.55
Page 4 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
Total Concession Stand
$ 93,216.16
CHAFING DISH, PROPS, RISERS /FOOD PRESENTATION
1
Wok
12
$ 154.22
$ 1,850.64
2
Chafing Dish 8 Qt Rectangular
24
$ 489.19
$ 11,740.56
3
Chafing Dish Accessary
36
$ 3.65
$ 131.40
4
Chafing Dish 6 Qt Round
12
$ 403.75
$ 4,845.00
5
Paella Gratin Pan
12
$ 33.94
$ 407.28
6
Lift Off Griddle
12
$ 74.92
$ 899.04
7
Lift Off Griddle 18'
12
$ 60.83
$ 729.96
8
Lift Off Griddle 17"
12
$ 87.72
$ 1,052.64
9
Lift Off Griddle Rectangular
12
$ 57.31
$ 687.72
10
Wind Guard
12
$ 22.83
$ 273.96
11
Wind Guart 10"
12
$ 28.79
$ 345.48
12
Plastic Serving Bowi
12
$ 12.06
$ 144.72
13
Plastic Serving Bowl 17"
12
$ 15.98
$ 191.76
14
Ice Display
12
$ 59.54
$ 714.48
15
Plastic Serving Bowl 12" Round
12
$ 5.16
$ 61.92
16
Plastic Serving Bowi 9 1/2"
12
$ 8.54
$ 102.48
17
Display Tray
12
$ 27.29
$ 327.48
18
Display Tray 14 3/4"
12
$ 13.00
$ 156.00
19
Display Tray 18"
12
$ 18.26
$ 219.12
20
Display Tray 21"
24
$ 33.74
$ 809.76
21
Wood Bowl
12
$ 19.76
$ 237.12
22
Wood Bowl 5"
12
$ 9.23
$ 110.76
23
Wood Bowl 7"
12
$ 11.62
$ 139.44
24
Wood Bowi 9 1/2"
12
$ 17.07
$ 204.84
25
Serving Tray 12 1/4"
12 -
$ 19.56
$ 234.72
26
Serving Tray 18"
12
$ 20.85
$ 250.20
27
Serving Tray 21"
12
$ 29.57
$ 354.84
28
Display Riser
6
$ 64.51
$ 387.06
29
Tabletop Grill
12
$ 93.74
$ 1,124.88
Page 5 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
30
Tabletop Grill 18"
12
$
83.32
$
999.84
31
Tabletop Grill 17 114"
12
$
93.74
$
1,124.88
32
Tabletop Grill 12"
12
$
87.47
$
1,049.64
33
Tabletop Grill 22"
12
$
153.09
$
1,837.08
34
Tabletop Grill 12" Square
12
$
93.74
$
1,124.88
35
Tabletop Grill 22" Square
12
$
153.09
$
1,837.08
36
Chafing Dish 12" Square
12
$
91.01
$
1,092.12
37
Chafing Dish
12 "W 15 "D 11 "H Square
12
$
146.63
$
1,759.56
38
Chafing Dish
12 "W 12 "D 7 1/2H Square
12
$
121.34
$
1,456.08
'
39
Chafing Dish
12 "W 15 "D 11 "H Square Black
12
$
126.40
$
1,516.80
40
Tabletop Grill 12W 12D 7 1/2"
12
$
82.01
$
984.12
41
Tabletop Grill 12W 12D 4H
12
$
83.32
$
999.84
42
Tabletop Grill
12W 12D 7 1/2" Black
12
$
83.32
$
999.84
43
Display Riser 5W 5D 5H
Squared Black
12
$
30.34
$
364.08
44
Display Riser 5W 50 5H
Squared Stainless
12
$
35.40
$
424.80
45
Display Riser 7W 7D 7H
Squared Black
Display Riser 7W 7D 7H
Squared Stainless
12
12
$
$
42.98
50.56
$
$
515.76
606.72
46
47
Display Riser 9W 9D 9H
Squared Black
12
$
65.73
$
788.76
48
Display Riser 9W 9D 9H
Squared Stainless
12
$
75.85
$
910.20
49
Coat Check Tag #100
1
$
51.01
$
51.01
50
Coat Check Tag #200
1
$
51.01
$
51.01
51
Coat Check Tag #300
1
$
51.01
$
51.01
52
Display Riser (set of 5) Black
5
$
151.32
$
756.60
53
Display Riser (set of 3)
Natural Bamboo
9
$
42.48
$
382.32
54
Display Riser (set of 3)
Dark Bamboo
9
$
42.48
$
382.32
Page 6 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
55
Cocotte 6 Qt Lemon
24
$
192.77
$
4,626.48
56
Cocotte 8 Qt Cherry
24
$
223.61
$
5,366.64
57
Cocotte 8 Qt Basil
24
$
223.61
$
5,366.64
58
Serving Tray (24 Holes
8
$
73.39
$
587.12
59
Tulip Mini Glass
240
$
3.59
$
861.60
60
Column Glass
480
$
2.64
$
1,267.20
61
Squared Mini Glass
576
$
2.32
$
1,336.32
62
Flared Mini Glass
260
$
3.52
$
915.20
63
3 Tier Rectangular Stand
8
$
41.52
$
332.16
Total Chafing Dish, Props, Risers /Food
Presentation
$
71,460.97
I
Cleaning Equipment
1
Wide Area Vac
3
$
2,197.20
$
6,582.60
2
Paper Filter Bags
12
$
10.80
$
129.60
3
Carpte Mat 24"
24
$
62.40
$
1,497.60
4
Push Broom
24
$
13.96
$
335.04
5
Warehouse Broom
12
$
8.22
$
98.64
6
Dust Pan
12
$
3.23
$
38.76
7
Lobby Dust Pan
6
$
9.94
$
59.64
8
Broom Lobby
6
$
3.78
$
22.68
9
Squeegee
6
$
16.03
$
96.18
10
Tapered Handle 60"
12
$
2.94
$
35.28
11
Mop Handle
12
$
7.45
$
89.40
12
Mop Head
24
$
5.62
$
134.88
13
Mop Bucket/Wringer
6
$
49.62
$
297.72
14
Wet Floor sign
12
$
8.13
$
97.56
15
Deck Scrup Brush
10
$
7.89
$
78.90
16
Metal Tip Handle
10
$
3.96
$
39.60
17
Trash Cans
72
$
5.13
$
369.36
18
Baby Changing Station
2
$
298.17
$
596.34
19
Liners for Changing Station
2
$
44.86
$
89.72
Page 7 of 8
Kamo
1326 Reynolds St
Augusta, GA
30901
ITEMS DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
Total Cleaning Equipment
$
10,689.50
TOTAL BID (ALL SECTIONS)
$
616,987.27
Page 8 of 8
B.1 BASIC SERVICE COMPENSATION
B.1.1
EXHIBIT B
BASIC SERVICES COMPENSATION
As full and complete compensation for providing the Basic Services
enumerated in Article 3, Augusta, Georgia will pay the Contractor the Sum of
$616,987.27 Dollars. Payments will be made as follows:
Monthly invoices for payments will be based on the services provided each month
and verified and validated by the Owner's Representative.
B.1.2 The Basic Services Compensation stated in paragraph B.1.1 includes all
compensation and other payments due Contractor for manpower, overhead, profit
and direct expenses, among other items, in the performance of the Basic Services.
- AGREEMENT -
Mity-Lite (Contractor) and the Augusta, Georgia. (Owner) mutually agree as follows:
1. BASIC SERVICES. Contractor will provide to the Owner for the New TEE Center (Project)
those services described in Attachment A, Basic Services, which is incorporated herein. The
Contractor will perform the Basic Services in such manner that they will conform to the
provisions of the this agreement,
2. COMPENSATION. Contractor will submit monthly invoices for services rendered before the
fifth of the month, together with such documentation as the Owner may reasonably require,
demonstrating Contractor's right to payment as listed in Attachment B, Basis of
Compensation, which is incorporated herein. The Owner will pay Contractor within thirty days
after receipt of request for payment from the Contractor.
Compensation includes local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or
duties will be assumed and paid for by Contractor.
To the extent that the pricing provided by the contractor is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
3. ADDITIONAL SERVICES. Contractor will perform Additional Services upon mutual consent
of Owner and Contractor and upon written authorization to proceed from the Owner. Such
Additional Services will be paid for in accordance with this Agreement. Compensation will be
based on Time Spent basis plus Reimbursable Expenses, unless otherwise agreed.
4. PERIOD OF PERFORMANCE. The period of performance under this Agreement will begin
on Monday, October 29, 2012 and end on Wednesday, January 30, 2013. The duration of
these services may be extended upon mutual written consent. Contractor and Owner will not
be liable to each other for any delays in the performance of their obligations and
responsibilities occurring beyond their reasonable controls and /or without their fault or
negligence, including but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However,
in the event of any such delays, the Period of Performance will be extended by a period of
time corresponding with the period for which the Work was delayed.
5. LIQUIDATED DAMAGES. The Contractor agrees to pay as liquidated damages to Augusta,
Georgia the sum of $1,000.00 for each consecutive calendar day after expiration of the
Contract Time or Completion Time, except for authorized extensions of time by Augusta,
Georgia.
The liquidated damages set forth above are not intended to compensate Augusta, Georgia for
any damages other than inconvenience and Toss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude Augusta, Georgia from recovering
other damages in addition to the payments made hereunder which Augusta, Georgia can
document as being attributable to the documented Contractor failures. In addition to other
costs that may be recouped, Augusta, Georgia may include costs of personnel and assets
used to coordinate, inspect, and re- inspect items within this Contract as well as attorney fees
if applicable.
6. INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and its officers,
agents and employees from any injury, loss, expense or damage of any kind arising out of
any breach of this Agreement, or any negligent or willful act by Contractor in connection with
the performance of its services under this Agreement. This indemnity will survive expiration or
termination of this Agreement.
7. INSURANCE. The Contractor shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta,
Georgia against liability or financial loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error, act or omission of the Contractor in
performance of the work during the term of this Agreement.
The Contractor shall provide, at all times that this Agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The Contractor shall provide at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workers Compensation Insurance — in accordance with the laws of the State of
Georgia.
Public Liability Insurance — in an amount of not less than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not less than One Million ($1,000,000) Dollars on account of any one
occurrence.
C. Property Damage Insurance — in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
D. Valuable Papers Insurance — in an amount sufficient to assure restoration of any
plans, drawings, field notes or other similar data relating to the work covered by the
Project.
E. Professional Liability Insurance — in an amount of not less than One Million
($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
Augusta, Georgia will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage's identified in items (B) and (C).
2
The policies shall be written by a responsible company(s), to be approved by Augusta,
Georgia, and shall be noncancellable except on thirty -(30) days' written notice to Augusta,
Georgia. Such policies shall name Augusta, Georgia as co- insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of
insurance shall be filed with the Director at the time of the execution of this Agreement.
8. GOVERNING LAW. This Agreement will be governed by the laws of the State of Georgia.
9. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
10. TERMINATION. The Owner may terminate this Agreement for any reason by giving the
Contractor written notice at least fifteen days prior to the effective date of termination. In the
event of such termination by the Owner, the Owner will pay the Contractor for all amounts due
to the Contractor for services satisfactorily performed as of the effective date of termination.
11. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT. To the
extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally
order a temporary stopping of the work, or delaying of the work to be performed by the
Contractor under this agreement.
12. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and the Contractor and supersedes all prior negotiations or
representations of either party, and may be amended only by a writing signed by both parties.
13. NOTICE. Notices hereunder will be delivered personally or by mail, postage prepaid, certified
or registered mail, return receipt requested to the address of the receiving party set out
below.
Georgia Prompt Pay Act not applicable. The terms of this Agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
14. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an
amicable manner by submitting the dispute to a mutually acceptable mediator under the
American Arbitration Association Construction Industry Mediation Rules, before having
recourse to a judicial forum. Provided however, nothing herein shall prevent either party from
pursuing equitable relief in a court of law without first mediating said dispute.
All claims, disputes and other matters in question between Augusta, Georgia and the
Contractor arising out of or relating to the Agreement, or breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
3
15 STANDARD OF CARE. Contractor covenants with the Owner to furnish a high degree of
professional skill and judgment with due care in accordance with the generally accepted
standards of professional practice in the same or similar locality and in accordance with the
federal, state, and local laws and regulations which are applicable to the performance of the
Services.
16 "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 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
17 and services, except revenue producing contracts
18 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.
4
19 RIGHT TO INSPECT PREMISES. Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Contractor or any subcontractor of
Contractor or subunit thereof which is pertinent to the performance of any contract awarded or
to be awarded by Augusta, Georgia.
20 LOCAL SMALL BUSINESS LANGUAGE: (General Provisions pg.3 -4) 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.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed this Agreement under
seal.
By:
Date:
Contractor: Owner:
M ity -Lite Augusta, Georgia
By. C96„.,63,___
Mike Burrows
Deke Copenhaver
`6 °— Mayor
Date: t k (1 (1U
Mity -Lite
1301 West 400
Orem UT 84057
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
TABLES AND CHAIRS
Category
B
1
Tables
400
$ 407.26
$ 162,896.00
2
Tables 6ft
180
$ 233.41
$ 42,013.80
3
Table Dolly Truck
40
$ 367.63
$ 14,705.20
4
Table Dolly Truck - 42 x 72
15
$ 372.82
$ 5,592.30
5
Protable Wall
12
$ 1,413.00
$ 16,956.00
Total Category B
$ 242,163.30
Category
C
1
Staging Skirting
96
$ 141.00
$ 13,536.00
12
Dance Floor
1
$ 36,546.30
$ 36,546.30
13
Stage Platform - 24"
2
$ 5,410.00
$ 10,820.00
14
Stage Platform - 16" - 24"
6
$ 1,714.28
$ 10,285.68
15
Stage Platform - Grey Carpet
24
$ 1,214.29
$ 41,142.72
16
Mobile Stage
1
$ 1,714.28
$ 1,714.28
17
Stairs for Stage
1
$ 413.00
$ 413.00
18
Guardrails for Stage
24
$ 282.00
$ 6,768.00
Total Category C
$ 121,225.98
I
Freight
$ 23,782.00
TOTAL BID (ALL SECTIONS)
$ 387,171.28
Page 1 of 1
B.1 BASIC SERVICE COMPENSATION
B.1.1
EXHIBIT B
BASIC SERVICES COMPENSATION
As full and complete compensation for providing the Basic Services
enumerated in Article 3, Augusta, Georgia will pay the Contractor the Sum of
$387,171.28 Dollars. Payments will be made as follows:
Monthly invoices for payments will be based on the services provided each month
and verified and validated by the Owner's Representative.
B.1.2 The Basic Services Compensation stated in paragraph B.1.1 includes all
compensation and other payments due Contractor for manpower, overhead, profit
and direct expenses, among other items, in the performance of the Basic Services.
- AGREEMENT -
MTS Seating (Contractor) and the Augusta, Georgia. (Owner) mutually agree as follows:
1. BASIC SERVICES. Contractor will provide to the Owner for the New TEE Center (Project)
those services described in Attachment A, Basic Services, which is incorporated herein. The
Contractor will perform the Basic Services in such manner that they will conform to the
provisions of the this agreement,
2. COMPENSATION. Contractor will submit monthly invoices for services rendered before the
fifth of the month, together with such documentation as the Owner may reasonably require,
demonstrating Contractor's right to payment as listed in Attachment B, Basis of
Compensation, which is incorporated herein. The Owner will pay Contractor within thirty days
after receipt of request for payment from the Contractor.
Compensation includes local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or
duties will be assumed and paid for by Contractor.
To the extent that the pricing provided by the contractor is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
3. ADDITIONAL SERVICES. Contractor will perform Additional Services upon mutual consent
of Owner and Contractor and upon written authorization to proceed from the Owner. Such
Additional Services will be paid for in accordance with this Agreement. Compensation will be
based on Time Spent basis plus Reimbursable Expenses, unless otherwise agreed.
4. PERIOD OF PERFORMANCE. The period of performance under this Agreement will begin
on Monday, October 29, 2012 and end on Wednesday, January 30, 2013. The duration of
these services may be extended upon mutual written consent. Contractor and Owner will not
be liable to each other for any delays in the performance of their obligations and
responsibilities occurring beyond their reasonable controls and /or without their fault or
negligence, including but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However,
in the event of any such delays, the Period of Performance will be extended by a period of
time corresponding with the period for which the Work was delayed.
5. LIQUIDATED DAMAGES. The Contractor agrees to pay as liquidated damages to Augusta,
Georgia the sum of $1,000.00 for each consecutive calendar day after expiration of the
Contract Time or Completion Time, except for authorized extensions of time by Augusta,
Georgia.
The liquidated damages set forth above are not intended to compensate Augusta, Georgia for
any damages other than inconvenience and loss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude Augusta, Georgia from recovering
other damages in addition to the payments made hereunder which Augusta, Georgia can
document as being attributable to the documented Contractor failures. In addition to other
costs that may be recouped, Augusta, Georgia may include costs of personnel and assets
used to coordinate, inspect, and re- inspect items within this Contract as well as attorney fees
if applicable.
6. INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and its officers,
agents and employees from any injury, loss, expense or damage of any kind arising out of
any breach of this Agreement, or any negligent or willful act by Contractor in connection with
the performance of its services under this Agreement. This indemnity will survive expiration or
termination of this Agreement.
7. INSURANCE. The Contractor shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta,
Georgia against liability or financial loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error, act or omission of the Contractor in
performance of the work during the term of this Agreement.
The Contractor shall provide, at all times that this Agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The Contractor shall provide at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workers Compensation Insurance — in accordance with the laws of the State of
Georgia.
B. Public Liability Insurance - in an amount of not less than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not less than One Million ($1,000,000) Dollars on account of any one
occurrence.
C. Property Damage Insurance — in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
D. Valuable Papers Insurance — in an amount sufficient to assure restoration of any
plans, drawings, field notes or other similar data relating to the work covered by the
Project.
E. Professional Liability Insurance — in an amount of not less than One Million
($1 ,000,000) Dollars or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
Augusta, Georgia will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage's identified in items (B) and (C).
2
The policies shall be written by a responsible company(s), to be approved by Augusta,
Georgia, and shall be noncancellable except on thirty -(30) days' written notice to Augusta,
Georgia. Such policies shall name Augusta, Georgia as co- insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of
insurance shall be filed with the Director at the time of the execution of this Agreement.
8. GOVERNING LAW. This Agreement will be governed by the laws of the State of Georgia.
9. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
10. TERMINATION. The Owner may terminate this Agreement for any reason by giving the
Contractor written notice at least fifteen days prior to the effective date of termination. In the
event of such termination by the Owner, the Owner will pay the Contractor for all amounts due
to the Contractor for services satisfactorily performed as of the effective date of termination.
11. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT. To the
extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally
order a temporary stopping of the work, or delaying of the work to be performed by the
Contractor under this agreement.
12. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and the Contractor and supersedes all prior negotiations or
representations of either party, and may be amended only by a writing signed by both parties.
13. NOTICE. Notices hereunder will be delivered personally or by mail, postage prepaid, certified
or registered mail, retum receipt requested to the address of the receiving party set out
below.
Georgia Prompt Pay Act not applicable. The terms of this Agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
14. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an
amicable manner by submitting the dispute to a mutually acceptable mediator under the
American Arbitration Association Construction Industry Mediation Rules, before having
recourse to a judicial forum. Provided however, nothing herein shall prevent either party from
pursuing equitable relief in a court of law without first mediating said dispute.
All claims, disputes and other matters in question between Augusta, Georgia and the
Contractor arising out of or relating to the Agreement, or breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
3
15 STANDARD OF CARE. Contractor covenants with the Owner to furnish a high degree of
professional skill and judgment with due care in accordance with the generally accepted
standards of professional practice in the same or similar locality and in accordance with the
federal, state, and local laws and regulations which are applicable to the performance of the
Services.
16 "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 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
17 and services, except revenue producing contracts
18 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.
4
19 RIGHT TO INSPECT PREMISES. Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Contractor or any subcontractor of
Contractor or subunit thereof which is pertinent to the performance of any contract awarded or
to be awarded by Augusta, Georgia.
20 LOCAL SMALL BUSINESS LANGUAGE: (General Provisions pg.3 -4) to 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.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed this Agreement under
seal.
Contractor: Owner:
MTS Seatin Augusta, Georgia
By: By:
Date: / 0/ 3® / 2 Date:
[SEAL]
Date
/O /3a /Z
Barton Kulish
5
��
� '. cL %CUMo / 4
iSEALI ,SQ+,..s` .. ........... 4 . . IJ
''
� <+.' 4 •
14 P •
e
bate o
Deke Copenhaver
Mayor
( /1 (rz
4 on •
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
TABLES AND CHAIRS
Category
A
1
Stacking Chairs
$
126.90
$
304,560.00
2
Heavy duty 5 Wheel Hand Truck
$
378.10
$
6,805.80
Total Category A
$
311,365.80
l
Freight
$
4,400.00
TOTAL BID (ALI. SECTIONS)
$
315,765.80
MTS Seating
7100 Industrial Dr
Temperance, MI 48182
Page 1 of 1
B.1 BASIC SERVICE COMPENSATION
B.1.1
EXHIBIT B
BASIC SERVICES COMPENSATION
As full and complete compensation for providing the Basic Services
enumerated in Article 3, Augusta, Georgia will pay the Contractor the Sum of
$315,765.80 Dollars. Payments will be made as follows:
Monthly invoices for payments will be based on the services provided each month
and verified and validated by the Owner's Representative.
B.1.2 The Basic Services Compensation stated in paragraph B.1.1 includes all
compensation and other payments due Contractor for manpower, overhead, profit
and direct expenses, among other items, in the performance of the Basic Services.
- AGREEMENT -
Southern Aluminum (Contractor) and the Augusta, Georgia. (Owner) mutually agree as follows:
1. BASIC SERVICES. Contractor will provide to the Owner for the New TEE Center (Project)
those services described in Attachment A, Basic Services, which is incorporated herein. The
Contractor will perform the Basic Services in such manner that they will conform to the
provisions of the this agreement,
2. COMPENSATION. Contractor will submit monthly invoices for services rendered before the
fifth of the month, together with such documentation as the Owner may reasonably require,
demonstrating Contractor's right to payment as listed in Attachment B, Basis of
Compensation, which is incorporated herein. The Owner will pay Contractor within thirty days
after receipt of request for payment from the Contractor.
Compensation includes local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or
duties will be assumed and paid for by Contractor.
To the extent that the pricing provided by the contractor is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
3. ADDITIONAL SERVICES. Contractor will perform Additional Services upon mutual consent
of Owner and Contractor and upon written authorization to proceed from the Owner. Such
Additional Services will be paid for in accordance with this Agreement. Compensation will be
based on Time Spent basis plus Reimbursable Expenses, unless otherwise agreed.
4. PERIOD OF PERFORMANCE. The period of performance under this Agreement will begin
on Monday, October 29, 2012 and end on Wednesday, January 30, 2013. The duration of
these services may be extended upon mutual written consent. Contractor and Owner will not
be liable to each other for any delays in the performance of their obligations and
responsibilities occurring beyond their reasonable controls and /or without their fault or
negligence, including but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However,
in the event of any such delays, the Period of Performance will be extended by a period of
time corresponding with the period for which the Work was delayed.
5 LIQUIDATED DAMAGES. The Contractor agrees to pay as liquidated damages to Augusta,
Georgia the sum of $1,000.00 for each consecutive calendar day after expiration of the
Contract Time or Completion Time, except for authorized extensions of time by Augusta,
Georgia.
The liquidated damages set forth above are not intended to compensate Augusta, Georgia for
any damages other than inconvenience and loss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude Augusta, Georgia from recovering
other damages in addition to the payments made hereunder which Augusta, Georgia can
document as being attributable to the documented Contractor failures. In addition to other
costs that may be recouped, Augusta, Georgia may include costs of personnel and assets
used to coordinate, inspect, and re- inspect items within this Contract as well as attorney fees
if applicable.
6. INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and its officers,
agents and employees from any injury, loss, expense or damage of any kind arising out of
any breach of this Agreement, or any negligent or willful act by Contractor in connection with
the performance of its services under this Agreement. This indemnity will survive expiration or
termination of this Agreement.
7, INSURANCE. The Contractor shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta,
Georgia against liability or financial loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error, act or omission of the Contractor in
performance of the work during the term of this Agreement.
The Contractor shall provide, at all times that this Agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The Contractor shall provide at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workers Compensation Insurance — in accordance with the laws of the State of
Georgia.
B. Public Liability Insurance — in an amount of not less than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not Tess than One Million ($1,000,000) Dollars on account of any one
occurrence.
C. Property Damage Insurance — in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
Valuable Papers Insurance - in an amount sufficient to assure restoration of any
plans, drawings, field notes or other similar data relating to the work covered by the
Project.
E. Professional Liability Insurance — in an amount of not less than One Million
($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
Augusta, Georgia will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage's identified in items (B) and (C).
2
The policies shall be written by a responsible company(s), to be approved by Augusta,
Georgia, and shall be noncancellable except on thirty -(30) days' written notice to Augusta,
Georgia. Such policies shall name Augusta, Georgia as co- insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of
insurance shall be filed with the Director at the time of the execution of this Agreement.
GOVERNING LAW. This Agreement will be governed by the laws of the State of Georgia.
9. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
10. TERMINATION. The Owner may terminate this Agreement for any reason by giving the
Contractor written notice at least fifteen days prior to the effective date of termination. In the
event of such termination by the Owner, the Owner will pay the Contractor for all amounts due
to the Contractor for services satisfactorily performed as of the effective date of termination.
11. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT. To the
extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally
order a temporary stopping of the work, or delaying of the work to be performed by the
Contractor under this agreement.
12. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and the Contractor and supersedes all prior negotiations or
representations of either party, and may be amended only by a writing signed by both parties.
13. NOTICE. Notices hereunder will be delivered personally or by mail, postage prepaid, certified
or registered mail, return receipt requested to the address of the receiving party set out
below.
Georgia Prompt Pay Act not applicable. The terms of this Agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
14. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an
amicable manner by submitting the dispute to a mutually acceptable mediator under the
American Arbitration Association Construction Industry Mediation Rules, before having
recourse to a judicial forum. Provided however, nothing herein shall prevent either party from
pursuing equitable relief in a court of law without first mediating said dispute.
All claims, disputes and other matters in question between Augusta, Georgia and the
Contractor arising out of or relating to the Agreement, or breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
3
15 STANDARD OF CARE. Contractor covenants with the Owner to furnish a high degree of
professional skill and judgment with due care in accordance with the generally accepted
standards of professional practice in the same or similar locality and in accordance with the
federal, state, and local laws and regulations which are applicable to the performance of the
Services.
16 "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 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
17 and services, except revenue producing contracts
18 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 ((RCA), 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.
4
19 RIGHT TO INSPECT PREMISES. Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Contractor or any subcontractor of
Contractor or subunit thereof which is pertinent to the performance of any contract awarded or
to be awarded by Augusta, Georgia.
20 LOCAL SMALL BUSINESS LANGUAGE: (General Provisions pg.3 -4) 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.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed this Agreement under
seal.
Date:
Contractor:
Southern Aluminum
Gina Sneed
(o k0111
[SEAL]
Date ID( 3
By:
7(z
Date:
[SEAL]
Date t
5
Owner:
Augusta, Georgia
Deke Copenhaver
Mayor
Southern Aluminum
#5 Hwy 82 W
Magnolia, AR, 71753
ITEMS
DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
TABLES AND CHAIRS
6
30 x 72 Ailulite Swirl - H Leg
16
$ 316.09
$ 5,057.44
7
30 x 72 Spandex Skirt silver Grey
16
$ 109.14
$ 1,746.24
8
72" Table Truck Flat Loading
2
$ 388.16
$ 776.32
9
30 x 60 Serpetine Alulite
Swirl - H Le.
30
$ 466.41
$ 13,992.30
10
Span306 -G
30
$ 109.14
$ 3,274.20
11
96" Table Truck flat Loading
3
$ 413.90
$ 1,241.70
12
30 x 60 Serpetine Alulite Swirl
- H Leg wlcasters
12
$ 559.07
$ 6,708.84
13
10" x 60 Alulite Swirl Outside
Serpentine Tier
12
$ 365.51
$ 4,386.12
14
30 x 72 Spandex Skirt
12
$ 109.14
$ 1,309.68
15
36" Round /42" Knockdown
Pedestal
32
$ 329.47
$ 10,543.04
16
36" Round spandex skirt 42"
High Silver Grey
12
$ 92.66
$ 2,965.12
17
Knockdown Pedestal Table
Truck Large
2
$ 745.43
$ 1,490.86
18
60" Half Round
8
$ 340.80
$ 2,726.40
19
60" Half Round Spandex
8
$ 97.81
$ 782.48
20
72" Table Truck Flat Loading
1
$ 388.16
$ 388.16
Total Category B
$ 57,388.90
TOTAL BID (ALL SECTIONS)
$ 57,388.90
Page 1 of 1
EXHIBIT B
BASIC SERVICES COMPENSATION
B.1 BASIC SERVICE COMPENSATION
B.1.1 As full and complete compensation for providing the Basic Services
enumerated in Article 3, Augusta, Georgia will pay the Contractor the Sum of
$57,388.90 Dollars. Payments will be made as follows:
Monthly invoices for payments will be based on the services provided each month
and verified and validated by the Owner's Representative.
B.1.2 The Basic Services Compensation stated in paragraph B.1.1 includes all
compensation and other payments due Contractor for manpower, overhead, profit
and direct expenses, among other items, in the performance of the Basic Services.
- AGREEMENT -
US Foods (Contractor) and the Augusta, Georgia. (Owner) mutually agree as follows:
1. BASIC SERVICES. Contractor will provide to the Owner for the New TEE Center (Project)
those services described in Attachment A, Basic Services, which is incorporated herein. The
Contractor will perform the Basic Services in such manner that they will conform to the
provisions of the this agreement,
2. COMPENSATION. Contractor will submit monthly invoices for services rendered before the
fifth of the month, together with such documentation as the Owner may reasonably require,
demonstrating Contractor's right to payment as listed in Attachment B, Basis of
Compensation, which is incorporated herein. The Owner will pay Contractor within thirty days
after receipt of request for payment from the Contractor.
Compensation includes local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or
duties will be assumed and paid for by Contractor.
To the extent that the pricing provided by the contractor is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
3. ADDITIONAL SERVICES. Contractor will perform Additional Services upon mutual consent
of Owner and Contractor and upon written authorization to proceed from the Owner. Such
Additional Services will be paid for in accordance with this Agreement. Compensation will be
based on Time Spent basis plus Reimbursable Expenses, unless otherwise agreed.
4. PERIOD OF PERFORMANCE. The period of performance under this Agreement will begin
on Monday, October 29, 2012 and end on Wednesday, January 30, 2013. The duration of
these services may be extended upon mutual written consent. Contractor and Owner will not
be liable to each other for any delays in the performance of their obligations and
responsibilities occurring beyond their reasonable controls and /or without their fault or
negligence, including but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However,
in the event of any such delays, the Period of Performance will be extended by a period of
time corresponding with the period for which the Work was delayed.
5. LIQUIDATED DAMAGES. The Contractor agrees to pay as liquidated damages to Augusta,
Georgia the sum of $1,000.00 for each consecutive calendar day after expiration of the
Contract Time or Completion Time, except for authorized extensions of time by Augusta,
Georgia.
The liquidated damages set forth above are not intended to compensate Augusta, Georgia for
any damages other than inconvenience and loss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude Augusta, Georgia from recovering
other damages in addition to the payments made hereunder which Augusta, Georgia can
document as being attributable to the documented Contractor failures. In addition to other
costs that may be recouped, Augusta, Georgia may include costs of personnel and assets
used to coordinate, inspect, and re- inspect items within this Contract as well as attorney fees
if applicable.
6. INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and its officers,
agents and employees from any injury, loss, expense or damage of any kind arising out of
any breach of this Agreement, or any negligent or willful act by Contractor in connection with
the performance of its services under this Agreement. This indemnity will survive expiration or
termination of this Agreement.
7. INSURANCE. The Contractor shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta,
Georgia against liability or financial loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error, act or omission of the Contractor in
performance of the work during the term of this Agreement.
The Contractor shall provide, at all times that this Agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The Contractor shall provide at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workers Compensation Insurance — in accordance with the laws of the State of
Georgia.
B. Public Liability Insurance — in an amount of not Tess than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not less than One Million ($1,000,000) Dollars on account of any one
occurrence.
Property Damage Insurance — in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
D. Valuable Papers insurance — in an amount sufficient to assure restoration of any
plans, drawings, field notes or other similar data relating to the work covered by the
Project.
E. Professional Liability Insurance — in an amount of not less than One Million
($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
Augusta, Georgia will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage's identified in items (B) and (C).
2
The policies shall be written by a responsible company(s), to be approved by Augusta,
Georgia, and shall be noncancel►able except on thirty-(30) days' written notice to Augusta,
Georgia. Such policies shall name Augusta, Georgia as co- insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of
insurance shalt be filed with the Director at the time of the execution of this Agreement.
8. GOVERNING LAW. This Agreement will be governed by the laws of the State of Georgia.
9. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
10, TERMINATION. The Owner may terminate this Agreement for any reason by giving the
Contractor written notice at least fifteen days prior to the effective date of termination. In the
event of such termination by the Owner, the Owner will pay the Contractor for all amounts due
to the Contractor for services satisfactorily performed as of the effective date of termination.
11. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT. To the
extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally
order a temporary stopping of the work, or delaying of the work to be performed by the
Contractor under this agreement.
12. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and the Contractor and supersedes all prior negotiations or
representations of either party, and may be amended only by a writing signed by both parties.
13. NOTICE. Notices hereunderr will be delivered personally or by mail, postage prepaid, certified
or registered mail, return receipt requested to the address of the receiving party set out
below.
Georgia Prompt Pay Act not applicable. The terms of this Agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
14. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an
amicable manner by submitting the dispute to a mutually acceptable mediator under the
American Arbitration Association Construction Industry Mediation Rules, before having
recourse to a judicial forum. Provided however, nothing herein shall prevent either party from
pursuing equitable relief in a court of law without first mediating said dispute.
All claims, disputes and other matters in question between Augusta, Georgia and the
Contractor arising out of or relating to the Agreement, or breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
3
15 STANDARD OF CARE. Contractor covenants with the Owner to furnish a high degree of
professional skill and judgment with due care in accordance with the generally accepted
standards of professional practice in the same or similar locality and in accordance with the
federal, state, and local laws and regulations which are applicable to the performance of the
Services.
16 "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 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
17 and services, except revenue producing contracts
18 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.
4
19 RIGHT TO INSPECT PREMISES. Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Contractor or any subcontractor of
Contractor or subunit thereof which is pertinent to the performance of any contract awarded or
to be awarded by Augusta, Georgia.
20 LOCAL SMALL BUSINESS LANGUAGE: (General Provisions pg.3 -4) 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.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed this Agreement under
seal.
By:
Don McCall
Date: l ®. �' • f J
[SEAL
Date 101' I
Contractor: Owner:
US tppds Augusta, Georgia
6
Deke Copenhaver
Mayor
1Se4
Date: r (
[SEAL]
Date
US Foods
120 Longs Pond Rd
Lexington, SC 29072
ITEMS DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
EQUIPMENT - SERVICE
1
Serving Tray - Oval
125
$
32.22
$
4,027.50
2
Serving Tray - Round
24
$
12.06
$
289.44
3
Tray Stand
100
$
26.47
$
2,647.00
4
Wine Bucked
240
$
17.77
$
4,264.80
5
Basket- Round
240
$
16.54
$
3,969.60
6
Pitcher
240
$
57.63
$
13,831.20
7
Coffee Server
180
$
45.18
$
8,132.40
8
Coffee Server
60
$
45.18
$
2,710.80
9
Gravy Sauce Boat
480
$
6.28
$
3,014.40
10
Basket - Candy Bowl
240
$
4.01
$
962.40
11
Bus Box
24
$
12.15
$
291.60
12
Number Stand
240
$
7.05
$
1,692.00
13
Table Number Cards
2
$
13.97
$
27.94
14
Square Drip Trays
24
$
6.26
$
150.24
15
Salad Dressing Server
48
$
43.69
$
2,097.12
16
Child Booster Seat
4
$
27.82
$
111.28
17
Child High Chair
4
$
164.20
$
656.80
18
Tray for High Chair
4
$
33.36
$
133.44
Total Equipment - Service
$
49,009.96
1
Bar Supplies
1
Margarita Glass
12
$
7.40
$
88.80
2
Liquor Pourer
288
$
3.64
$
1,048.32
3
Bar Accessary Package
12
$
25.44
$
305.28
4
Bar Condiment Server
12
$
17.77
$
213.24
5
Ice Scoop
24
$
1.56
$
37.44
6
Shaker
24
$
1.76
$
42.24
7
Mixing Glass
2
$16.60 dz
$
33.20
8
Bar Mix Pourer Complete
16
$
14.85
$
237.60
9
Fruit Wedger
2
$
160.46
$
320.92
Page 1 of 2
Lexington, SC 29072
ITEMS 1 DESCRIPTION
QTY
UNIT PRICE
TOTAL PRICE
Total Bar Supplies
$
2,327.04
TOTAL BID (ALL SECTIONS)
$
51,337.00
US Foods
120 Longs Pond Rd
B.1 BASIC SERVICE COMPENSATION
B.1.1
EXHIBIT B
BASIC SERVICES COMPENSATION
As full and complete compensation for providing the Basic Services
enumerated in Article 3, Augusta, Georgia will pay the Contractor the Sum of
$51,337.00 Dollars. Payments will be made as follows:
Monthly invoices for payments will be based on the services provided each month
and verified and validated by the Owner's Representative.
B.1.2 The Basic Services Compensation stated in paragraph B.1.1 includes all
compensation and other payments due Contractor for manpower, overhead, profit
and direct expenses, among other items, in the performance of the Basic Services.