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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.