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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 tom` ter Hawthor - 'fel( r,Jr. As its Direct. -G'A TEE -t pp. '"',.•. � �”` '._" ;gib,,"" lk (IF Co a: EN V' III SEAL � 3 Rr ; 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 We offer financing through industry leading partners. Loans range from $1,000 to $100,000 with APR's as low as 6.16%. Check your rate in minutes without affecting your credit score. In proud partnership with: 0** Lendin, tub LENDINGPOINT SoFi OHO We accept credit cards 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, A; t ,Clig'' of Ccrilmisag n ",, ; 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