HomeMy WebLinkAboutREHABILITATION OF 2368 BARTON CHAPEL - J & N DRYWALL, GOLDEN & GOLDEN, DURACLEAN, EVERGREEN, THE TOMPKINS COMPANY Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
J & N Dryall, LLC
This Agreement is made and entered into this day of , 2018 by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, via the Augusta Housing and Community
Development Department as the Implementer of the Community Development Block Grant Program
(hereinafter referred to as"Grantee"), and J&N Dryall, LLC(hereinafter referred to as the "Contractor").
WITNESSETH
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, The Grantee must follow federal procurement rules when purchasing services, supplies,
materials, or equipment. The applicable federal regulations are contained in: — State and local
governments and Indian tribes—24 CFR Part 85; and
WHEREAS,the Grantee wishes to engage a Contractor to assist the Grantee in utilization of such funds;
WHEREAS, the Contractor acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement; and
WHEREAS, GRANTEE is undertaking certain activities related to the economic development of the
community; and
WHEREAS, GRANTEE desires to engage Contractor for the purpose of installing all drywall,subflooring
and trim, prime and paint all trim being replaced, apply one coat of primer to repaired drywall at 2368
Barton Chapel Rd.Augusta, GA 30906 as noted in Appendix A.
NOW,THEREFORE, the parties of this agreement for the consideration set forth below, do here and now
agree to the following terms and conditions:
1. EMPLOYMENT. GRANTEE agrees to engage Contractor, and Contractor agrees to provide
GRANTEE services which involve working with GRANTEE's staff, Contractors, developers, funding
sources and neighborhood-based organizations.
2. SCOPE OF SERVICES. Contractor will provide the services ("Scope of Services" set forth in
Appendix A), attached hereto and incorporated herein by reference to "Scope of Services".
Scope of Services may be added to this agreement through the mutual consent of both
GRANTEE and Contractor, in the form of an invoice/estimate and Agreement amendment which
are signed by both parties.
a. It is understood and agreed by the parties that the services of Contractor do not include
any of the following:The disbursement or account of funds distributed by GRANTEES
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Contractor is erroneous and
defective,the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 1
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on day of
, 2018 and will conclude once work is completed. GRANTEE may
discontinue the agreement any time during the agreement period with 15 day notice to
Contractor. Contractor may discontinue this agreement with 15 day notice to GRANTEE.
5. COMPENSATION. Scope of Services (signed estimate)will detail types of services to be
performed and fee for the requested services.The base cost of the services is Five Thousand
Four Hundred Dollars and 00/100($5,400.00). For the satisfactory completion of the services
to be provided under this agreement, Contractor will submit, to GRANTEE, an invoice for the
services (to be paid directly to the Contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Contractor is not responsible for
delay in performance caused by hurricanes,tornadoes,floods, and other severe and unexpected
acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Contractor is an
approved independent Contractor and as such, neither it nor its employees, if any, are
employees of GRANTEE or The City for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that Contractor will maintain at its expense for the
duration of this agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
9. ELIGIBILTY. Contractor certifies that its business and principles are not debarred, suspended,
voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts
under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
10. CONFLICT OF INTEREST. Contractor governs that it presently has no interest and will not acquire
any interest, direct or indirect, in the project that would conflict in any manner or degree with
the performance of its services hereunder. Contractor further covenants that in performing this
agreement, it will employ no person who has any such interest.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises, or inducements made by either party, or agents of
either party,that are not contained in the written Agreement, are valid or binding, no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Contractor specifically acknowledges that in entering into and executing this agreement, they
rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Contractor, Contractor may not assign its rights, including the right to
compensation, transfer, and delegate or subcontract or assignee will be bound by all the terms
and conditions of this agreement.
13. ASSIGNMENT OF PERSONNEL. Contractor shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to GRANTEE, as is evidenced in
writing.
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 2
14. INDEMIFICATION. Contractor waives any and all claims and recourse against GRANTEE,
including the right of contribution for loss and damage to person and property arising from,
growing out of, or in any way connected with or incidental to Contractor' negligent performance
of this agreement. Further, Contractor will indemnify, hold harmless, and defend GRANTEE
against any and all claims, demands, damages, costs,expenses, or liabilities arising out of
Contractor's negligent performance of this agreement except for liability arising out of the
concurrent or sole negligence of GRANTEE or its officers, agents, or employees. Contractor shall
also indemnify GRANTEE for any adverse determination made by the Internal Revenue Service
or the State Franchise Tax Board against Contractor with respect to Contractor's "independent
consultant" status that would establish a liability for failure to make any social security of
income tax withholding payments.
15. INSURANCE. Contractor shall have and maintain in full force and effect for the duration of this
agreement, insurance insuring against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work by Contractor, its
agents, representatives, or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Contractor, GRANTEE may at its
option engage the services of another Contractor to complete the work and deduct the cost of
performance under this agreement, and then the affected party may pursue all legal remedies
available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If GRANTEE determines that Contractor has failed to comply with the terms and
conditions of the Agreement, it may terminate this agreement in whole or in
part any time before the date of completion. If Contractor fails to comply with
any of the terms and conditions of this agreement, GRANTEE may give notice, in
writing, to Contractor, of any or all deficiencies claimed. The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice, GRANTEE may, with no further notice, declare this agreement to
be terminated. Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination less the amount
of reasonable damage suffered by GRANTEE by reason of Contractor'failure to
comply with this agreement.
ii. Notwithstanding the above, Contractor is not relieved of liability to GRANTEE for
damages sustained by GRANTEE by virtue of any breach of this agreement by
Contractor, and GRANTEE may withhold any payments to Contractor for
purposes of set off until such time as the exact amount of damages due
GRANTEE from Contractor is determined.
iii. GRANTEE may terminate this contract should funding cease or be materially
decreased. Contractor will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount of
reasonable damage suffered by GRANTEE by reason of Contractor's fault for the
cause of contract termination.
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 3
18. The law of the State of Georgia shall govern the contract between GRANTEE and Contractor with
regard to its interpretation and performance, and any other claims related to this agreement.All
claims, disputes and other matters in question between GRANTEE and Contractor arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. 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.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses, whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES. Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Contractor for
the purpose of securing business and that Contractor has not received any non-City fee related
to this agreement without the prior written consent of GRANTEE. For breach or violation of this
warrant,Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE. All documents submitted by Contractor and all
applicable federal and state statutes and regulations incorporated into this agreement by this
reference are binding upon GRANTEE and Contractor.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Contractor pursuant to this agreement, or future agreements as
amended through the issuance of an agreed upon and signed estimate, are to be the property of
GRANTEE, which have nonexclusive and unrestricted authority to release, publish or otherwise
use, in whole or in part. Any reuse without written verification or adaptation by Contractor for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to GRANTEE. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of GRANTEE.
23. REPORTS AND INFORMATION. Contractor will maintain accounts and records, including
personnel, property and financial records,which are adequate to identify and account for all
cost pertaining to this agreement; and such other records as may be deemed necessary by
GRANTEE to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to GRANTEE or its authorized
representative, and will be retained by GRANTEE for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by GRANTEE.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places 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 the
City.
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 4
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Contractor under this agreement.
26. LIQUIDATED DAMAGES. Contractor agrees to pay as liquidated damages to the City,the sum of
$0 for each consecutive calendar day after expiration of the contract time of completion, except
for authorized extensions of time by the City.This section is independent of Section 16. Breach
of Contract.The parties agree that these provisions are liquidated damages are not intended to
operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal, state, and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to GRANTEE:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2"d Floor
Augusta, GA 30901
Notices to Contractor:
J&N Drywall, LLC
3345 Sugar Mill Road
Augusta, GA 30907
{Signatories on next page}
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 5
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: A, kragp.it Date: I ( 3
Andrew MacKenzie
As Its Legal Counsel
By: Date:
Hardie Davis
As its Mayor
e1 1/4 6P)
By: .(,� III 4 tAN� Date: C� ) (9
Janice Allen .ckso
As its Ad, ini rat.
By: „Ai ,:Dater �21.26
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ter
Hawthor - 'fel( r,Jr.
As its Direct. -G'A TEE
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fir :' %ATA.1 /1,/111 /,41
As it C 'c�,Of on
ATTEST: Contractor
t\ (Contractor)
By: 11 .r> Date:
As Its Owner _
By: Date:
Plain Witness
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 6
APPENDIX A
Augusta Housing and Community Development
Contract CDBG Small Purchase Contract J&N Drywall Page 7
ESTIMATE
Carrie Thorne
J & NDrywall LLC.
free t stirr,ates(7Ob)4 gin;; (706) 821-1797
J & N Drywall LLC.
3345 Sugar Mill Road Estimate # 000019
Augusta, Georgia 30907 Date 08/08/2018
Phone: (706) 495-0157
Email: noahhudson1977@gmail.com
Description Total
Install All Drywall, Subflooring And Trim In Scope $5,400.00
Prime And Paint All Trim Being Replaced $0.00
Apply One Coat Of Primer To Repaired Drywall $0.00
Subtotal $5,400.00
Total $5,400.00
Notes:
All materials are included in price shown. Call Paul Strycharz at Augusta Regional Airport for
reference of our abilities 706 832-1363
Page 1 of 2
By signing this document, the customer agrees to the services and conditions outlined in this
document.
Carrie Thorne
Financing options are available
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Page 2 of 2
Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
Golden and Golden Inc.
This Agreement is made and entered into this day of ,2018 by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, via the Augusta Housing and Community
Development Department as the Implementer of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and Golden and Golden Inc. (hereinafter referred to as the
"Contractor").
WITNESSETH
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, The Grantee must follow federal procurement rules when purchasing services, supplies,
materials, or equipment. The applicable federal regulations are contained in: — State and local
governments and Indian tribes—24 CFR Part 85; and
WHEREAS,the Grantee wishes to engage a Contractor to assist the Grantee in utilization of such funds;
WHEREAS, the Contractor acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement; and
WHEREAS, GRANTEE is undertaking certain activities related to the economic development of the
community; and
WHEREAS, GRANTEE desires to engage Contractor for the purpose of installing split HVAC units at 2368
Barton Chapel Rd. Augusta, GA 30906 as noted in Appendix A.
NOW,THEREFORE,the parties of this agreement for the consideration set forth below, do here and now
agree to the following terms and conditions:
1. EMPLOYMENT. GRANTEE agrees to engage Contractor, and Contractor agrees to provide
GRANTEE services which involve working with GRANTEE's staff, Contractors, developers,funding
sources and neighborhood-based organizations.
2. SCOPE OF SERVICES. Contractor will provide the services ("Scope of Services" set forth in
Appendix A), attached hereto and incorporated herein by reference to "Scope of Services".
Scope of Services may be added to this agreement through the mutual consent of both
GRANTEE and Contractor, in the form of an invoice/estimate and Agreement amendment which
are signed by both parties.
a. It is understood and agreed by the parties that the services of Contractor do not include
any of the following:The disbursement or account of funds distributed by GRANTEEs
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Contractor is erroneous and
defective,the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
Augusta Housing and Community Development
Golden&Golden- 2368 Barton Chapel Road Page 1
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on day of
, 2018 and will conclude once work is completed. GRANTEE may
discontinue the agreement any time during the agreement period with 15 day notice to
Contractor. Contractor may discontinue this agreement with 15 day notice to GRANTEE.
5. COMPENSATION. Scope of Services (signed estimate) will detail types of services to be
performed and fee for the requested services.The base cost of the services is Five Thousand
Dollars and 00/100($5,000.00). For the satisfactory completion of the services to be provided
under this agreement, Contractor will submit,to GRANTEE, an invoice for the services(to be
paid directly to the Contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Contractor is not responsible for
delay in performance caused by hurricanes, tornadoes,floods, and other severe and unexpected
acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Contractor is an
approved independent Contractor and as such, neither it nor its employees, if any, are
employees of GRANTEE or The City for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that Contractor will maintain at its expense for the
duration of this agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
9. ELIGIBILTY. Contractor certifies that its business and principles are not debarred, suspended,
voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts
under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
10. CONFLICT OF INTEREST. Contractor governs that it presently has no interest and will not acquire
any interest, direct or indirect, in the project that would conflict in any manner or degree with
the performance of its services hereunder. Contractor further covenants that in performing this
agreement, it will employ no person who has any such interest.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises, or inducements made by either party, or agents of
either party,that are not contained in the written Agreement, are valid or binding, no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Contractor specifically acknowledges that in entering into and executing this agreement, they
rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Contractor, Contractor may not assign its rights, including the right to
compensation, transfer, and delegate or subcontract or assignee will be bound by all the terms
and conditions of this agreement.
13. ASSIGNMENT OF PERSONNEL. Contractor shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to GRANTEE, as is evidenced in
writing.
Augusta Housing and Community Development
Golden&Golden - 2368 Barton Chapel Road Page 2
14. INDEMIFICATION. Contractor waives any and all claims and recourse against GRANTEE,
including the right of contribution for loss and damage to person and property arising from,
growing out of, or in any way connected with or incidental to Contractor' negligent performance
of this agreement. Further, Contractor will indemnify, hold harmless, and defend GRANTEE
against any and all claims, demands, damages, costs, expenses, or liabilities arising out of
Contractor's negligent performance of this agreement except for liability arising out of the
concurrent or sole negligence of GRANTEE or its officers, agents, or employees. Contractor shall
also indemnify GRANTEE for any adverse determination made by the Internal Revenue Service
or the State Franchise Tax Board against Contractor with respect to Contractor's "independent
consultant" status that would establish a liability for failure to make any social security of
income tax withholding payments.
15. INSURANCE. Contractor shall have and maintain in full force and effect for the duration of this
agreement, insurance insuring against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work by Contractor, its
agents, representatives,or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Contractor, GRANTEE may at its
option engage the services of another Contractor to complete the work and deduct the cost of
performance under this agreement, and then the affected party may pursue all legal remedies
available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If GRANTEE determines that Contractor has failed to comply with the terms and
conditions of the Agreement, it may terminate this agreement in whole or in
part any time before the date of completion. If Contractor fails to comply with
any of the terms and conditions of this agreement, GRANTEE may give notice, in
writing,to Contractor, of any or all deficiencies claimed.The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice, GRANTEE may,with no further notice, declare this agreement to
be terminated. Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination less the amount
of reasonable damage suffered by GRANTEE by reason of Contractor'failure to
comply with this agreement.
ii. Notwithstanding the above, Contractor is not relieved of liability to GRANTEE for
damages sustained by GRANTEE by virtue of any breach of this agreement by
Contractor, and GRANTEE may withhold any payments to Contractor for
purposes of set off until such time as the exact amount of damages due
GRANTEE from Contractor is determined.
iii. GRANTEE may terminate this contract should funding cease or be materially
decreased. Contractor will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount of
reasonable damage suffered by GRANTEE by reason of Contractor's fault for the
cause of contract termination.
Augusta Housing and Community Development
Golden&Golden- 2368 Barton Chapel Road Page 3
18. The law of the State of Georgia shall govern the contract between GRANTEE and Contractor with
regard to its interpretation and performance, and any other claims related to this agreement. All
claims,disputes and other matters in question between GRANTEE and Contractor arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. 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.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses, whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES. Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Contractor for
the purpose of securing business and that Contractor has not received any non-City fee related
to this agreement without the prior written consent of GRANTEE. For breach or violation of this
warrant, Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE.All documents submitted by Contractor and all
applicable federal and state statutes and regulations incorporated into this agreement by this
reference are binding upon GRANTEE and Contractor.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Contractor pursuant to this agreement, or future agreements as
amended through the issuance of an agreed upon and signed estimate, are to be the property of
GRANTEE, which have nonexclusive and unrestricted authority to release, publish or otherwise
use, in whole or in part. Any reuse without written verification or adaptation by Contractor for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to GRANTEE. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of GRANTEE.
23. REPORTS AND INFORMATION. Contractor will maintain accounts and records, including
personnel, property and financial records, which are adequate to identify and account for all
cost pertaining to this agreement; and such other records as may be deemed necessary by
GRANTEE to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to GRANTEE or its authorized
representative, and will be retained by GRANTEE for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by GRANTEE.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places 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 the
City.
Augusta Housing and Community Development
Golden&Golden - 2368 Barton Chapel Road Page 4
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Contractor under this agreement.
26. LIQUIDATED DAMAGES. Contractor agrees to pay as liquidated damages to the City,the sum of
$0 for each consecutive calendar day after expiration of the contract time of completion,except
for authorized extensions of time by the City.This section is independent of Section 16. Breach
of Contract.The parties agree that these provisions are liquidated damages are not intended to
operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal, state,and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to GRANTEE:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, GA 30901
Notices to Contractor:
Golden and Golden Inc.
2919 Peach Orchard Road
Augusta, GA 30906
{Signatories on next page}
Augusta Housing and Community Development
Golden&Golden- 2368 Barton Chapel Road Page 5
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: )4 , 1,10/4tei Date: eil/3
0
Andrew MacKenzie
AsltsLega 'ou s-
By: I -.. Date:
Hardie Davis
As its Mayor
By: A 'A /:. . Date: 0 l e
Janice Alin , on
As its AdII in . :tor
B • .... ` I IIDate log 0201 0
- . ., 'Msr.
Hawthorne a�� Jr.
As its Director IRAN E �°.4','`" '�'
,F e ', r, i
tv 4' SEAL e, # 1
4
!Ji94/;;Ji ;, I
I
a nnst,
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;
ATTEST: Contractor
k
.9 (Contractor) >,-,, ,-
By:
Date:
s Its Owner
By: 7"A. x___
Date:
P in Witness
Augusta Housing and Community Development
Golden&Golden- 2368 Barton Chapel Road Page 6
APPENDIX A
Augusta Housing and Community Development
Golden&Golden- 2368 Barton Chapel Road Page 7
PROPOSAL
PROPOSAL NO.
Golden and Golden Inc. 2689
Mechanical Contractors SHEET NO.
01
2919 Peach Orchard Rd.
DATE
Augusta, GA. 30906 07/18/2018
PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT:
NAME ADDRESS
Carla Delaney 2638 Barton Chapel Rd
ADDRESS
925 Laney Walker Blvd Augusta, GA 30906
DATE OF PLANS
Augusta, GA 30901
PHONE NO. ARCHITECT
(706)821-1797
We hereby propose to furnish the materials and perform the labor necessary for the completion of the installation of a 3-ton split
heat pump system. To include
1) Brand, size, and cost of unit Rheem 3-Ton-$2,600.00
2) Cost of cage with installation-$500.00
3)Timeline of installation- 1 Day
4) Cost of Installation/Labor-$1,900.00
5)Type of warranty- 5 Year parts labor, one year labor
6)Comnients/Observations-If building is residential parts labor warranty is 10years, and if building is commercial parts labor
warranty is 5 years
Paul Golden
Golden &Golden Inc
Office: (706)798-8718 Cell: (706)466-1691 Fax (706)955-9303
Email pgolden26@yahoo.com
www.goldensrnechanicaLcorn
ENERGY STAR CERTIFIED ID: OAP-20141015-DN
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications
submitted for above work, and completed in a substantial workmanlike manner for the sum of
Dollars ($
with payments to be made as follows:
Respectfully submitted Paul Golden
Any alteration or deviation from above specifications Involving extra costs
will be executed only upon written order, and will become an extra charge Per
over and above the estimate. All agreements contingent upon strikes, ac-
cidents,or delays beyond our control.
Note - This proposal may be withdrawn
by us if not accepted within days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work
as specified. Payments will be made as outlined above,
Signature
Date Signature
on CD PROPOSAL
adman/Forms
Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
Duraclean
This Agreement is made and entered into this day of ,2018 by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, via the Augusta Housing and Community
Development
De Department
p as the Implementer of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and Duraclean (hereinafter referred to as the "Contractor").
WITNESSETH
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, The Grantee must follow federal procurement rules when purchasing services, supplies,
materials, or equipment. The applicable federal regulations are contained in: — State and local
governments and Indian tribes—24 CFR Part 85; and
WHEREAS,the Grantee wishes to engage a Contractor to assist the Grantee in utilization of such funds;
WHEREAS, the Contractor acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement; and
WHEREAS, GRANTEE is undertaking certain activities related to the economic development of the
community; and
WHEREAS, GRANTEE desires to engage Contractor for the purpose of providing mold remediation and
testing at 2368 Barton Chapel Rd. Augusta, GA 30906 as noted in Appendix A.
NOW,THEREFORE,the parties of this agreement for the consideration set forth below, do here and now
agree to the following terms and conditions:
1. EMPLOYMENT. GRANTEE agrees to engage Contractor, and Contractor agrees to provide
GRANTEE services which involve working with GRANTEE's staff, Contractors, developers, funding
sources and neighborhood-based organizations.
2. SCOPE OF SERVICES. Contractor will provide the services ("Scope of Services"set forth in
Appendix A), attached hereto and incorporated herein by reference to "Scope of Services".
Scope of Services may be added to this agreement through the mutual consent of both
GRANTEE and Contractor, in the form of an invoice/estimate and Agreement amendment which
are signed by both parties.
a. It is understood and agreed by the parties that the services of Contractor do not include
any of the following: The disbursement or account of funds distributed by GRANTEEs
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Contractor is erroneous and
defective,the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 1
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on day of
, 2018 and will conclude once work is completed. GRANTEE may
discontinue the agreement any time during the agreement period with 15 day notice to
Contractor. Contractor may discontinue this agreement with 15 day notice to GRANTEE.
5. COMPENSATION. Scope of Services (signed estimate) will detail types of services to be
performed and fee for the requested services.The base cost of the services is Eight Thousand,
Four Hundred and Ninety-Six Dollars and 00/100($8,496.00). For the satisfactory completion
of the services to be provided under this agreement, Contractor will submit,to GRANTEE, an
invoice for the services (to be paid directly to the Contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Contractor is not responsible for
delay in performance caused by hurricanes, tornadoes,floods, and other severe and unexpected
acts of nature. In any such event,the contract price and schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Contractor is an
approved independent Contractor and as such, neither it nor its employees, if any, are
employees of GRANTEE or The City for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that Contractor will maintain at its expense for the
duration of this agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
9. ELIGIBILTY. Contractor certifies that its business and principles are not debarred, suspended,
voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts
under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
10. CONFLICT OF INTEREST. Contractor governs that it presently has no interest and will not acquire
any interest, direct or indirect, in the project that would conflict in any manner or degree with
the performance of its services hereunder. Contractor further covenants that in performing this
agreement, it will employ no person who has any such interest.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises, or inducements made by either party, or agents of
either party,that are not contained in the written Agreement, are valid or binding, no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Contractor specifically acknowledges that in entering into and executing this agreement, they
rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Contractor, Contractor may not assign its rights, including the right to
compensation, transfer, and delegate or subcontract or assignee will be bound by all the terms
and conditions of this agreement.
13. ASSIGNMENT OF PERSONNEL. Contractor shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to GRANTEE, as is evidenced in
writing.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 2
14. INDEMIFICATION. Contractor waives any and all claims and recourse against GRANTEE,
including the right of contribution for loss and damage to person and property arising from,
growing out of,or in any way connected with or incidental to Contractor' negligent performance
of this agreement. Further, Contractor will indemnify, hold harmless, and defend GRANTEE
against any and all claims, demands, damages, costs,expenses, or liabilities arising out of
Contractor's negligent performance of this agreement except for liability arising out of the
concurrent or sole negligence of GRANTEE or its officers, agents, or employees. Contractor shall
also indemnify GRANTEE for any adverse determination made by the Internal Revenue Service
or the State Franchise Tax Board against Contractor with respect to Contractor's "independent
consultant" status that would establish a liability for failure to make any social security of
income tax withholding payments.
15. INSURANCE. Contractor shall have and maintain in full force and effect for the duration of this
agreement, insurance insuring against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work by Contractor, its
agents, representatives, or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Contractor, GRANTEE may at its
option engage the services of another Contractor to complete the work and deduct the cost of
performance under this agreement,and then the affected party may pursue all legal remedies
available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If GRANTEE determines that Contractor has failed to comply with the terms and
conditions of the Agreement, it may terminate this agreement in whole or in
part any time before the date of completion. If Contractor fails to comply with
any of the terms and conditions of this agreement, GRANTEE may give notice, in
writing, to Contractor, of any or all deficiencies claimed.The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice, GRANTEE may, with no further notice, declare this agreement to
be terminated. Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination less the amount
of reasonable damage suffered by GRANTEE by reason of Contractor'failure to
comply with this agreement.
ii. Notwithstanding the above, Contractor is not relieved of liability to GRANTEE for
damages sustained by GRANTEE by virtue of any breach of this agreement by
Contractor, and GRANTEE may withhold any payments to Contractor for
purposes of set off until such time as the exact amount of damages due
GRANTEE from Contractor is determined.
iii. GRANTEE may terminate this contract should funding cease or be materially
decreased. Contractor will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount of
reasonable damage suffered by GRANTEE by reason of Contractor's fault for the
cause of contract termination.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 3
01
18. The law of the State of Georgia shall govern the contract between GRANTEE and Contractor with
regard to its interpretation and performance, and any other claims related to this agreement. All
claims, disputes and other matters in question between GRANTEE and Contractor arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. 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.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses, whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES. Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Contractor for
the purpose of securing business and that Contractor has not received any non-City fee related
to this agreement without the prior written consent of GRANTEE. For breach or violation of this
warrant,Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE.All documents submitted by Contractor and all
applicable federal and state statutes and regulations incorporated into this agreement by this
reference are binding upon GRANTEE and Contractor.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Contractor pursuant to this agreement, or future agreements as
amended through the issuance of an agreed upon and signed estimate, are to be the property of
GRANTEE,which have nonexclusive and unrestricted authority to release, publish or otherwise
use, in whole or in part. Any reuse without written verification or adaptation by Contractor for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to GRANTEE. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of GRANTEE.
23. REPORTS AND INFORMATION. Contractor will maintain accounts and records, including
personnel, property and financial records,which are adequate to identify and account for all
cost pertaining to this agreement; and such other records as may be deemed necessary by
GRANTEE to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to GRANTEE or its authorized
representative, and will be retained by GRANTEE for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by GRANTEE.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places 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 the
City.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 4
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Contractor under this agreement.
26. LIQUIDATED DAMAGES. Contractor agrees to pay as liquidated damages to the City,the sum of
$0 for each consecutive calendar day after expiration of the contract time of completion, except
for authorized extensions of time by the City.This section is independent of Section 16. Breach
of Contract.The parties agree that these provisions are liquidated damages are not intended to
operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal, state,and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to GRANTEE:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, GA 30901
Notices to Contractor:
Duraclean
1297 West Martintown Road
North Augusta, SC 30901
{Signatories on next page}
Augusta Housing and Community Development
2368 Barton Chapel Road Page 5
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: whit Date:
Andrew MacKenzie
As Its Legal Counsel
By: I_ �/ Date:
4avis
A s its Mayor
Y: I J' M[! Date: /X/
Janice I - ackson
As its A • strator
Ilk
By: Date ! (�
Hawthorne -'ch- Jr. �. t4 , r4't,t
°� � t?
As its Director RAN ;'' . '' = '�, 4
t Au
c is
. SEAL tft
•.I
•
Si
� � 4 1-0 3
/tA
li
r 8n d
As its ClerC o Lommission
e g[
ATTEST: Contractor
(Contractor)
iBY:/ _l Date:
As •s- ner
By: ♦ . I I. i Date:
Plain Witness
Augusta Housing and Community Development
2368 Barton Chapel Road Page 6
APPENDIX A
Augusta Housing and Community Development
2368 Barton Chapel Road Page 7
_.:_an
Du . ' anw'.
July 24, 2018
Augusta Georgia
Housing and Community Development Department
925 Laney Walker Blvd
2nd Floor
Augusta, GA 30901
Re: 2368 Barton Chapel Rd.
Augusta, GA 30906
To Whom It May Concern:
Thank you for allowing Duraclean the opportunity to bid on the mold remediation for the
property located at 2368 Barton Chapel Rd., Augusta, GA 30906. Below is a scope of
work to remediate the mold. Duraclean recommends the following steps of cleaning.
• Scope of Work:
o Downstairs Double Office $590.00
• Remove carpet in affected area
• Remove molded sheetrock in affected area
• Remove in damaged insulation in ceiling and walls
o Kitchen $475.00
• Remove vinyl floor
• Cut out any damaged sub floor
• Remove molded sheetrock in affected area
• Remove any damaged insulation
o Upstairs room and closet $745.00
• Remove carpet from both areas
• Cut out any damaged sub floor
• Remove all damaged insulation
• Remove all damaged sheetrock
o Haul off debris to land fill $496.00
o Plastic all access to each affected area $385.00
(supply zippers for access)
o Run 3 Negative Air Scrubbers with filter until testing is finalized
$1575.00
o Clean and Hep Vac all affected rooms performing the Carolina Protocol
$1950.00
o Mold samples $1485.00
o Asbestos sample $795.00
• Plastic will take one day to put up. Demo will be one to two days. Cleaning will
be two to three days.
• All cost of demo is not Asbestos. Should there be Asbestos,the scope of work
will change.
Once all the cleaning has been done then the sampling will be done.
Duraclean Strives for Excellent Customer Service. If you have any questions or concerns,
please call our office at(803)279-8842.
Sincerely,
Michelle Shearer
Office Manager
Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
Evergreen Handyman Services LLC
This Agreement is made and entered into this day of , 2018 by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, via the Augusta Housing and Community
Development Department as the Implementer of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and Evergreen Handyman Services LLC (hereinafter referred to as
the "Contractor").
WITNESSETH
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, The Grantee must follow federal procurement rules when purchasing services, supplies,
materials, or equipment. The applicable federal regulations are contained in: — State and local
governments and Indian tribes—24 CFR Part 85; and
WHEREAS,the Grantee wishes to engage a Contractor to assist the Grantee in utilization of such funds;
WHEREAS, the Contractor acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement;and
WHEREAS, GRANTEE is undertaking certain activities related to the economic development of the
community; and
WHEREAS, GRANTEE desires to engage Contractor for the purpose of installing new siding, soffits,fascia
and gutters at 2368 Barton Chapel Rd.Augusta, GA 30906 as noted in Appendix A.
NOW,THEREFORE,the parties of this agreement for the consideration set forth below, do here and now
agree to the following terms and conditions:
1. EMPLOYMENT. GRANTEE agrees to engage Contractor, and Contractor agrees to provide
GRANTEE services which involve working with GRANTEE's staff, Contractors, developers, funding
sources and neighborhood-based organizations.
2. SCOPE OF SERVICES. Contractor will provide the services ("Scope of Services" set forth in
Appendix A), attached hereto and incorporated herein by reference to "Scope of Services".
Scope of Services may be added to this agreement through the mutual consent of both
GRANTEE and Contractor, in the form of an invoice/estimate and Agreement amendment which
are signed by both parties.
a. It is understood and agreed by the parties that the services of Contractor do not include
any of the following:The disbursement or account of funds distributed by GRANTEEs
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
performed services.
3. DEFECTIVE PRICING. To the extent that the pricing provided by Contractor is erroneous and
defective,the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
Augusta Housing and Community Development
Evergreen- 2368 Barton Chapel Road Page 1
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on day of
, 2018 and will conclude once work is completed. GRANTEE may
discontinue the agreement any time during the agreement period with 15 day notice to
Contractor. Contractor may discontinue this agreement with 15 day notice to GRANTEE.
5. COMPENSATION. Scope of Services (signed estimate) will detail types of services to be
performed and fee for the requested services.The base cost of the services is Nine Thousand,
Three Hundred Dollars and 00/100($9,300.00). For the satisfactory completion of the services
to be provided under this agreement, Contractor will submit, to GRANTEE, an invoice for the
services (to be paid directly to the Contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Contractor is not responsible for
delay in performance caused by hurricanes,tornadoes, floods, and other severe and unexpected
acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Contractor is an
approved independent Contractor and as such, neither it nor its employees, if any, are
employees of GRANTEE or The City for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that Contractor will maintain at its expense for the
duration of this agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
9. ELIGIBILTY. Contractor certifies that its business and principles are not debarred,suspended,
voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts
under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
10. CONFLICT OF INTEREST. Contractor governs that it presently has no interest and will not acquire
any interest, direct or indirect, in the project that would conflict in any manner or degree with
the performance of its services hereunder. Contractor further covenants that in performing this
agreement, it will employ no person who has any such interest.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises, or inducements made by either party, or agents of
either party, that are not contained in the written Agreement, are valid or binding, no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Contractor specifically acknowledges that in entering into and executing this agreement,they
rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Contractor, Contractor may not assign its rights, including the right to
compensation, transfer, and delegate or subcontract or assignee will be bound by all the terms
and conditions of this agreement.
13. ASSIGNMENT OF PERSONNEL. Contractor shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to GRANTEE, as is evidenced in
writing.
Augusta Housing and Community Development
Evergreen- 2368 Barton Chapel Road Page 2
14. INDEMIFICATION. Contractor waives any and all claims and recourse against GRANTEE,
including the right of contribution for loss and damage to person and property arising from,
growing out of, or in any way connected with or incidental to Contractor' negligent performance
of this agreement. Further, Contractor will indemnify, hold harmless, and defend GRANTEE
against any and all claims, demands, damages, costs, expenses, or liabilities arising out of
Contractor's negligent performance of this agreement except for liability arising out of the
concurrent or sole negligence of GRANTEE or its officers, agents, or employees. Contractor shall
also indemnify GRANTEE for any adverse determination made by the Internal Revenue Service
or the State Franchise Tax Board against Contractor with respect to Contractor's"independent
consultant" status that would establish a liability for failure to make any social security of
income tax withholding payments.
15. INSURANCE. Contractor shall have and maintain in full force and effect for the duration of this
agreement, insurance insuring against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work by Contractor, its
agents, representatives, or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Contractor, GRANTEE may at its
option engage the services of another Contractor to complete the work and deduct the cost of
performance under this agreement, and then the affected party may pursue all legal remedies
available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If GRANTEE determines that Contractor has failed to comply with the terms and
conditions of the Agreement, it may terminate this agreement in whole or in
part any time before the date of completion. If Contractor fails to comply with
any of the terms and conditions of this agreement, GRANTEE may give notice, in
writing, to Contractor, of any or all deficiencies claimed.The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice, GRANTEE may, with no further notice, declare this agreement to
be terminated. Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination less the amount
of reasonable damage suffered by GRANTEE by reason of Contractor'failure to
comply with this agreement.
ii. Notwithstanding the above, Contractor is not relieved of liability to GRANTEE for
damages sustained by GRANTEE by virtue of any breach of this agreement by
Contractor, and GRANTEE may withhold any payments to Contractor for
purposes of set off until such time as the exact amount of damages due
GRANTEE from Contractor is determined.
iii. GRANTEE may terminate this contract should funding cease or be materially
decreased. Contractor will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount of
reasonable damage suffered by GRANTEE by reason of Contractor's fault for the
cause of contract termination.
Augusta Housing and Community Development
Evergreen- 2368 Barton Chapel Road Page 3
18. The law of the State of Georgia shall govern the contract between GRANTEE and Contractor with
regard to its interpretation and performance, and any other claims related to this agreement. All
claims, disputes and other matters in question between GRANTEE and Contractor arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. 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.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses, whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES.Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Contractor for
the purpose of securing business and that Contractor has not received any non-City fee related
to this agreement without the prior written consent of GRANTEE. For breach or violation of this
warrant,Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE. All documents submitted by Contractor and all
applicable federal and state statutes and regulations incorporated into this agreement by this
reference are binding upon GRANTEE and Contractor.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Contractor pursuant to this agreement, or future agreements as
amended through the issuance of an agreed upon and signed estimate, are to be the property of
GRANTEE,which have nonexclusive and unrestricted authority to release, publish or otherwise
use, in whole or in part. Any reuse without written verification or adaptation by Contractor for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to GRANTEE. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of GRANTEE.
23. REPORTS AND INFORMATION. Contractor will maintain accounts and records, including
personnel, property and financial records,which are adequate to identify and account for all
cost pertaining to this agreement; and such other records as may be deemed necessary by
GRANTEE to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to GRANTEE or its authorized
representative, and will be retained by GRANTEE for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by GRANTEE.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places 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 the
City.
Augusta Housing and Community Development
Evergreen - 2368 Barton Chapel Road Page 4
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Contractor under this agreement.
26. LIQUIDATED DAMAGES. Contractor agrees to pay as liquidated damages to the City,the sum of
$0 for each consecutive calendar day after expiration of the contract time of completion, except
for authorized extensions of time by the City.This section is independent of Section 16. Breach
of Contract.The parties agree that these provisions are liquidated damages are not intended to
operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal, state,and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to GRANTEE:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2"d Floor
Augusta, GA 30901
Notices to Contractor:
Evergreen Handyman Services LLC
P.O. Box 491
Appling, GA 30802
{Signatories on next page}
Augusta Housing and Community Development
Evergreen - 2368 Barton Chapel Road Page 5
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: Aiitiii hi4e, •
Date: 1ll3,�1
Andrew MacKenzi
As Its Legal Counsel
1\1
By: Date:
Hardie Davis
As its Mayor
By: t t' L kcti„------- Date: q4/0(r (b V'
I Janice • le Jac son
As its • • i istr:for
By: •L ► y w..a�tryw OL
lbHawthorne ,Jr.
As its Directo -GRA EE ,,,k ,�fy;11( 1ok. i
',�*'�/� *,"' Tf. .4) 11
a{ .r1 N y SEAL x'" *I‹rt # F
1
it i
'gee A
iia L; r1� w.9nner .
'994 'x
As its t ,fgAtvihlt '
4
I ATTEST: Contractor ;t
(Contractor)yr
t
f r,
By: � Date:
•sIts O -- er
4/' / ' r
By: f0 Date:
4'lain Witness
Augusta Housing and Community Development
Evergreen- 2368 Barton Chapel Road Page 6
APPENDIX A
Augusta Housing and Community Development
Evergreen- 2368 Barton Chapel Road Page 7
City of Augusta - Carrie L Thorne
4 925 Laney Walker Blvd 2nd Floor
raa ;'F� Augusta, GA 30901
,1 't (706) 821-1797
Evergreen Handyman Services LLC
PO Box 491 Estimate # 001450
Appling, GA 30802 Date 07/24/2018
Phone: (706) 993-6345 Business /Tax COLUMBIA COUNTY
Email: evergreenhammer@gmail.com # 39069
Web: www.eghammer.com
Description Total
Siding, Soffit, and Fascia Replacement- 2368 Barton Chapel Rd $6,700.00
**Includes Materials and Labor
**Quality Variform Vinyl Siding Used
**Variform Vinyl Siding Transferable Warranty-up to 50 Years-See Variform website for details.
**Installation Warranty- 1 Year
Subtotal $6,700.00
Total $6,700.00
City of Augusta - Carrie L Thorne
Page 1 of 1
4. " r
City of Augusta - Carrie L Thorne
925 Laney Walker Blvd 2nd Floor
Augusta, GA 30901
• ,+ �s s
(706) 821-1797
Evergreen Handyman Services LLC
PO Box 491 Estimate # 001453
Appling, GA 30802 Date 07/24/2018
Phone: (706) 993-6345 Business/Tax COLUMBIA COUNTY
Email: evergreenhammer@gmail.com # 39069
Web: www.eghammer.com
Description Total
Gutter Installation and Materials - 2368 Barton Chapel Rd $2,100.00
**Includes Materials and Labor
**Installation Warranty- 1 Year
Subtotal $2,100.00
Total $2,100.00
City of Augusta - Carrie L Thorne
7- 24-127 (1.."
Page 1 of 1
Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
The Tompkins Company
This Agreement is made and entered into this day of , 2018 by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, via the Augusta Housing and Community
Development Department as the Implementer of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and The Tompkins Company (hereinafter referred to as the
"Contractor").
WITNESSETH
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, The Grantee must follow federal procurement rules when purchasing services, supplies,
materials, or equipment. The applicable federal regulations are contained in: — State and local
governments and Indian tribes—24 CFR Part 85; and
WHEREAS,the Grantee wishes to engage a Contractor to assist the Grantee in utilization of such funds;
WHEREAS, the Contractor acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement; and
WHEREAS, GRANTEE is undertaking certain activities related to the economic development of the
community; and
WHEREAS, GRANTEE desires to engage Contractor for the purpose of installing new window glass at
2368 Barton Chapel Rd.Augusta, GA 30906 as noted in Appendix A.
NOW,THEREFORE, the parties of this agreement for the consideration set forth below,do here and now
agree to the following terms and conditions:
1. EMPLOYMENT. GRANTEE agrees to engage Contractor, and Contractor agrees to provide
GRANTEE services which involve working with GRANTEE's staff, Contractors, developers,funding
sources and neighborhood-based organizations.
2. SCOPE OF SERVICES. Contractor will provide the services ("Scope of Services" set forth in
Appendix A), attached hereto and incorporated herein by reference to "Scope of Services".
Scope of Services may be added to this agreement through the mutual consent of both
GRANTEE and Contractor, in the form of an invoice/estimate and Agreement amendment which
are signed by both parties.
a. It is understood and agreed by the parties that the services of Contractor do not include
any of the following:The disbursement or account of funds distributed by GRANTEEs
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Contractor is erroneous and
defective,the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 1
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on day of
, 2018 and will conclude once work is completed. GRANTEE may
discontinue the agreement any time during the agreement period with 15 day notice to
Contractor. Contractor may discontinue this agreement with 15 day notice to GRANTEE.
5. COMPENSATION. Scope of Services(signed estimate) will detail types of services to be
performed and fee for the requested services.The base cost of the services is Nine Hundred and
Fifty-One Hundred Dollars and 00/100($951.00). For the satisfactory completion of the
services to be provided under this agreement, Contractor will submit,to GRANTEE, an invoice
for the services (to be paid directly to the Contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Contractor is not responsible for
delay in performance caused by hurricanes,tornadoes,floods, and other severe and unexpected
acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Contractor is an
approved independent Contractor and as such, neither it nor its employees, if any, are
employees of GRANTEE or The City for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that Contractor will maintain at its expense for the
duration of this agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
9. ELIGIBILTY.Contractor certifies that its business and principles are not debarred,suspended,
voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts
under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
10. CONFLICT OF INTEREST. Contractor governs that it presently has no interest and will not acquire
any interest, direct or indirect, in the project that would conflict in any manner or degree with
the performance of its services hereunder. Contractor further covenants that in performing this
agreement, it will employ no person who has any such interest.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises,or inducements made by either party,or agents of
either party, that are not contained in the written Agreement, are valid or binding, no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Contractor specifically acknowledges that in entering into and executing this agreement,they
rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Contractor, Contractor may not assign its rights, including the right to
compensation, transfer, and delegate or subcontract or assignee will be bound by all the terms
and conditions of this agreement.
13. ASSIGNMENT OF PERSONNEL. Contractor shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to GRANTEE, as is evidenced in
writing.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 2
14. INDEMIFICATION. Contractor waives any and all claims and recourse against GRANTEE,
including the right of contribution for loss and damage to person and property arising from,
growing out of, or in any way connected with or incidental to Contractor' negligent performance
of this agreement. Further, Contractor will indemnify, hold harmless, and defend GRANTEE
against any and all claims, demands, damages, costs,expenses, or liabilities arising out of
Contractor's negligent performance of this agreement except for liability arising out of the
concurrent or sole negligence of GRANTEE or its officers, agents, or employees. Contractor shall
also indemnify GRANTEE for any adverse determination made by the Internal Revenue Service
or the State Franchise Tax Board against Contractor with respect to Contractor's "independent
consultant" status that would establish a liability for failure to make any social security of
income tax withholding payments.
15. INSURANCE. Contractor shall have and maintain in full force and effect for the duration of this
agreement, insurance insuring against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work by Contractor, its
agents, representatives, or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Contractor, GRANTEE may at its
option engage the services of another Contractor to complete the work and deduct the cost of
performance under this agreement,and then the affected party may pursue all legal remedies
available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If GRANTEE determines that Contractor has failed to comply with the terms and
conditions of the Agreement, it may terminate this agreement in whole or in
part any time before the date of completion. If Contractor fails to comply with
any of the terms and conditions of this agreement, GRANTEE may give notice, in
writing, to Contractor, of any or all deficiencies claimed. The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice, GRANTEE may, with no further notice, declare this agreement to
be terminated. Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination less the amount
of reasonable damage suffered by GRANTEE by reason of Contractor'failure to
comply with this agreement.
ii. Notwithstanding the above, Contractor is not relieved of liability to GRANTEE for
damages sustained by GRANTEE by virtue of any breach of this agreement by
Contractor,and GRANTEE may withhold any payments to Contractor for
purposes of set off until such time as the exact amount of damages due
GRANTEE from Contractor is determined.
iii. GRANTEE may terminate this contract should funding cease or be materially
decreased. Contractor will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount of
reasonable damage suffered by GRANTEE by reason of Contractor's fault for the
cause of contract termination.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 3
18. The law of the State of Georgia shall govern the contract between GRANTEE and Contractor with
regard to its interpretation and performance, and any other claims related to this agreement.All
claims, disputes and other matters in question between GRANTEE and Contractor arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. 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.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses,whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES. Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Contractor for
the purpose of securing business and that Contractor has not received any non-City fee related
to this agreement without the prior written consent of GRANTEE. For breach or violation of this
warrant, Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE. All documents submitted by Contractor and all
applicable federal and state statutes and regulations incorporated into this agreement by this
reference are binding upon GRANTEE and Contractor.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Contractor pursuant to this agreement, or future agreements as
amended through the issuance of an agreed upon and signed estimate, are to be the property of
GRANTEE, which have nonexclusive and unrestricted authority to release, publish or otherwise
use, in whole or in part. Any reuse without written verification or adaptation by Contractor for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to GRANTEE. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of GRANTEE.
23. REPORTS AND INFORMATION.Contractor will maintain accounts and records, including
personnel, property and financial records, which are adequate to identify and account for all
cost pertaining to this agreement; and such other records as may be deemed necessary by
GRANTEE to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to GRANTEE or its authorized
representative, and will be retained by GRANTEE for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by GRANTEE.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places 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 the
City.
Augusta Housing and Community Development
2368 Barton Chapel Road Page 4
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Contractor under this agreement.
26. LIQUIDATED DAMAGES. Contractor agrees to pay as liquidated damages to the City,the sum of
$0 for each consecutive calendar day after expiration of the contract time of completion, except
for authorized extensions of time by the City.This section is independent of Section 16. Breach
of Contract.The parties agree that these provisions are liquidated damages are not intended to
operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal, state,and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to GRANTEE:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, GA 30901
Notices to Contractor:
The Tompkins Company
2323 Milledgeville Road
Appling, GA 30904
{Signatories on next page}
Augusta Housing and Community Development
2368 Barton Chapel Road Page 5
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: A iikekfif Date: 410/01
Andrew MacKenzie
As Its Legal Counsel
By: Date:
die Davis
As its Mayor
/ Cjk
By: IICY‘I-A--("- LA_ '4( 4
, Date: � l (1
Janice All-n Ja
4 ,
As its Ad nist . 6r
BY: Date
02 c)-G I U
11 Hawthorne -Icher, r.
As its Director-CANT: ;,,:: ,II!4413 " 4
a
SEAL ' "a
eif 0
/ i /
As its emission
ATTEST: Contractor
(Contractor)
By: � ..�' G( /01.)' Date:
'f Its£ i- Vice ge.ksi PEA/
By: Ati(J Date:
P Witness
Augusta Housing and Community Development
2368 Barton Chapel Road Page 6
APPENDIX A
Augusta Housing and Community Development
2368 Barton Chapel Road Page 7
RETAIL CONTRACT
The Tompkins Company � r -
Royal
Sales and Service
2323 Milledgeville Rd.* P.O.Box 3946*Augusta, GA 30904
WINDOW SYSTEMS (706) 733-7732 Fax (706) 733-4182
Housing &Community Development Department
Purchaser Carrie L.Thorne Phone:706-821-1797,706-834-8815 Date: 8/14/2018
Address: 2386 Barton Chapel Road City: Augusta State& Zip: GA 30906
Property to be Improved: same
The undersigned hereby jointly and severally autorizes the seller to perform the following.
DESCRIPTION OF UNITS TO BE FURNISHED
Do Not Mix Model# No. of Type of Screens COLOR CASING UNIT PRICE TOTAL PRICE
Model#'s Units FULL HALF WHITE BEIGE COVERS
1. Insulated Glass 8 units $ 495.00 $ 483.00
2. Labor to remove and reinstall new glass;lG units 6 hours $ 78.00 per hour $ 468.00
in exiting single hung windows at property listed above. $ 951.00
3. Work to start within 2 days
4. Work done in one day
5. No warranty on Insulated glass. Labor warren for 12 months.
6. No broken glass warrant'.
A DESCRIPTION OF OTHER PRODUCTS OR SERVICES TO BE FURNISHED.
GUARANTEE:This is a custom window product order-Not For Resale.Installation labor warranty is for twelve months from
the date of installation,unless stated within.
The seller shall not be responsible for any delays or failures in delivery due to causes beyond its control such as,but not limited to,strikes,
differences with workmen,scarcity of labor,fires,floods,storms,accidents,breakage of materials,delays in manufacturing or delivery by the
supplier,delays in transportation,acts of public enemies,mobs,or riots,or acts of God.This agreement by an officer of the company. If
purchaser shall break the contract,he shall be liable for all damages and expenses including reasonable attorney's fees and cost incurred by seller.
THE PURCHASER HEREBY ACKNOWLEDGES RECEIPT OF A TRUE AND COMPLETE COPY OF THIS CONTRACT.
BANK Balance payable in consecutive monthy installments of$ each,
1st installment payable 30 days from installation. Cash amount due on Installation $ 475.50
Terms of Sale (X)Cash (`)Time pmt. NOTICE OF CANCELLATION
Total Cash Price $ 951.00 You may cancel this transaction, without penelty or
DP in cash(if any) $ 475.50 obligation, within three business days from the above date.
Unpaid balance $ 475.50 To cancel this transaction, mail or deliver this signed
copy to the seller. I hereby cancel this transaction.
Date: Signature:
Work to be started on or before ASAP 2018
and to be substantially Purchaser's
completed on or before ASAP 2018 Signature
Company
Representative Jill Tompkins G ,/ci Purchaser's
Accepted by Signature
Contractor