HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT NAND WILLIAMS ELECTRICAL AND HANDYMAN SERVICES Professional Services Agreement
BETWEEN
Augusta Housing and Community Development Department
AND
Williams Electrical and Handyman Services
This Agreement is made and entered into this day of NOVe 9 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 Williams Electrical and Handyman Services (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 flooring in damaged
areas 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.
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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 Two-Thousand,
Nine Hundred and Twenty Hundred Dollars and 00/100($2,920.00). 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.
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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.
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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.
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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
J 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:
Williams Electrical and Handyman Services
173 CNW Road
Beach Island,SC 29842
{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: ' e.L4 / Date:
iVgn
Andrew MacKenzie
As Its Legal Co...iiiimiuns-
041
By: GtA... Date:
Hardie Davis
As its Mayor
By: 104A t ii
I ,It Date: 1X7 lie
Janice, ,lien Ja i n
As its ,dminist . a r
BY: ,.�.:�1\1 \\...b\\ (Date: ��
IIHawtho e Welc er,Jr' ---.Y.w""°
As its Dire or-GR,NTEE «.
V. *co x
VV
IceOen. Bc`nner ,,' ?Jo _.
IF Asits Cler` f Commission :"
V ATTEST: Contractor
(Contractor) a'
By: eld9, Date: I i— 2 — /s
As Its Owner
By. IA-4- - r - 1OgidOl (
Date:
Plain ness
Augusta Housing and Community Development
2368 Barton Chapel Road Page 6
APPENDIX A
Augusta Housing and Community Development
2368 Barton Chapel Road Page 7
4 f
III
F . Quote
Date: 10/22/18
Williams Electrical& Handyman Services
173 CNW Rd. To City of Augusta/Richmond County
Beech Island,SC 29842 2368 Barton Chapel
803.640,6278 Augusta,Ga 30906
Salesperson Job Payment Terms Due Date
C.Williams Repair floor Upon completion
Qty Description Unit Price Line Total
Flooring Replacement at 2368 Barton Chapel Rd
Damaged Area 800 sq ft appx
Labor:$1.50 per sq ft($1,200.00)
All Materials(under layment,moldings,glue,nails,floor covering
based on flooring selection):$2.15sq ft($1,720.00)
Damaged Area TOTAL:$2,920
Completion Time:3 days
Entire Building 1,333 sq ft appx
Labor:$1.50($1,995.50)
Materials (under layment,moldings,glue,nails,floor covering
based on flooring selection):$2.15sq ft($2,865.95)
Carpet Removal and Disposal:Free
Entire Building TOTAL:$4,865.45
Completion Time:7 days
Note:Quote is based on flooring selection being$1.50-1.70 per sq
ft.Thickness of underlayment will vane
Materials and Labor
If have question please feel free to call.
Subtotal
Sales Tax
Total
Make all checks payable to Williams Electrical&Handyman Services
Thank you for your business!
173 CNW Rd. Beech Island,SC 29842 Phone 803.640.6278 Email:handymanser@comcast.net