The URL can be used to link to this page

Home My WebLink AboutRELEASE HOLD HARMLESS & IDEMNITY AGREEMENT RELEASE, HOLD HARMLESS, & INDEMNITY AGREEMENT This Release, Hold Harmless, & Indemnity Agreement (hereinafter "Agreement") is entered into by and between the GOOD NEWS CHURCH, INe., AUGUSTA-RICHMOND COUNTY, GA, (hereinafter AUGUSTA-RICHMOND COUNTY) and CBH CONSTRUCTION, LLC, on this h-day of mL Y, 2009 in Augusta, Georgia. PROJECT BACKGROUND - A 30" corrugated metal pipe was previously located on Good News Church, Inc., property that conveyed at least 75% of Augusta-Richmond County storm water in the drainage area. The pipe extended from Warren Road right-of-way through the parking lot of Good News Church Inc., and terminated at the Georgia Department of Transportation (GDOT) right-of-way. The existing pipe and subgrade was failing and also caused the church parking lot in the area to fail. On September 6,2006, the Augusta-Richmond County Commission approved funds to replace the existing corrugated metal pipe with reinforced concrete pipe. The Engineering Department prepared construction plans and bid the project in March of 2008. CBH Construction, LLC was contracted to perform the construction activities. During construction, additional damage was done to the church parking lot on the eastern portion of the parking lot by the contractor's heavy construction equipment. It was also observed and noted during construction that the church parking lot sub grade was in poor condition, and contributed to the parking lot failure. Good News Church, Inc. is requesting that the County and the Contractor pave and/or repair approximately 100% of the eastern parking lot. They are also requesting that a loaded tandem dump truck is used to ride and test the existing pavement/sub grade on the eastern parking lot. Prior to the commencement of any repair to the property located at: 400 Warren Road Augusta, Ga., the GOOD NEWS CHURCH, INC., AUGUSTA-RICHMOND COUNTY and CBH CONSTRUCTION, LLC, shall all agree in writing on the area to be repaired by AUGUSTA- RICHMOND COUNTY and CBH CONSTRUCTION, LLC, in satisfaction of this Agreement. The Repair Agreement shall outline the exact area of repair and be signed by all parties prior to commencement of the work. Upon completion of all repairs GOOD NEWS CHURCH, INC., agrees to sign the attached Release of Liability Agreement releasing AUGUSTA-RICHMOND COUNTY and CBH CONSTRUCTION, LLC, from all liabilities which arise out of, or are in connection with, any and all damage done to the property located at: 400 Warren Road, Augusta, Georgia. fh3 I ni tial W Clnitial /~~ .~ t..L:L Initial Page 1 In consideration of the undertakings contained in this Agreement, and other good, valuable and sufficient consideration, the parties hereto agree as follows: GOOD AUG- CBH NEWS RICH, CaNST. CH, INe. GA. LLC. Initials Good News Church, Inc. authorizes Augusta-Richmond County and CBH Construction, LLC, to test the sub grade ntS of the parking lot of the property located at: 400 Warren Road, Augusta, Ga., with a loaded tandem truck. Good (}U News Church Inc. shall hold harmless Augusta-Richmond County and CBH Construction, LLC, if minor or major damages are done outside the area of interest. By this document, all parties agree that a thickness of 2" W M.J overlay asphalt pavement shall be placed where the sub grade is considered sufficient. By this document, all parties agree that the Sub grade shall MJ be re-compacted and a thickness of 2" asphalt pavement be &A placed at areas where existing asphalt paving is cut and removed. {'f\3 By this document, all parties agree that the area that is O'~1 repaired shall be stripped to match the remaining parking lot. By this document, all parties agree that respective representatives from Augusta-Richmond County, the Good M1 News Church Inc., and CBH Construction, LLC, shall be present during all repaIr activities to assure quality {h, assurance and also each party will provide daily signatures agreemg that the daily construction activities were performed to the repair specifications outlined in the Repair Agreement. To the fullest extent possible Augusta-Richmond County & CBH Construction, LLC will keep all trucks and equipment located and stored on the eastern portion of the Good News Church, Inc. parking lot during repairs. ~ Initial c.P.4 Unitial & Initial Page 2 1. RELEASE: The GOOD NEWS CHURCH, INe., for itself and its officers, employees, representatives, agents and assigns forever releases and discharges AUGUSTA- RICHMOND COUNTY their agents, employees, and releasees from any and all claims, demands and causes of action that may arise as a result of AUGUSTA-RICHMOND COUNTY paving and/or repairing the eastern parking lot of property located at: 400 Warren Road, Augusta, Ga. This release shall inure to the benefit of AUGUSTA- RICHMOND COUNTY its agents and employees and shall bind the GOOD NEWS CHURCH, INe., and all heirs, legal representatives, assigns and successors in interest. The GOOD NEWS CHURCH, INC., for itself and its officers, employees, representatives, agents and assigns forever releases and discharges CBH CONSTRUCTION, LLC, its agents, employees, and releasees from any and all claims, demands and causes of action that may arise as a result of CBH CONSTRUCTION, LLC paving and/or repairing the eastern parking lot of property located at: 400 Warren Road, Augusta, Ga. This release shall inure to the benefit of CBH CONSTRUCTION, LLC, its agents and employees and shall bind the GOOD NEWS CHURCH, INC. and all heirs, legal representatives, assigns and successors in interest. 2. INDEMNITY AND HOLD HARMLESS - AUGUSTA-RICHMOND COUNTY: To the extent allowed by law, the GOOD NEWS CHURCH, INe. agrees to indemnify, defend and hold harmless AUGUSTA-RICHMOND COUNTY with respect to any claim, demand, action, damages, cost and/or expense to which AUGUSTA-RICHMOND COUNTY may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the GOOD NEWS CHURCH, INC., and/or its employees unless the complained of action of the GOOD NEWS CHURCH, INC., was taken at the specific direction of AUGUST A- RICHMOND COUNTY. To the extent allowed by law, AUGUSTA-RICHMOND COUNTY agrees to indemnify, defend and hold harmless the GOOD NEWS CHURCH, INe., with respect to any claim, demand, action, damages, cost and/or expense to which the GOOD NEWS CHURCH, INe., may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of AUGUSTA- RICHMOND COUNTY and/or its employees unless the complained of action of AUGUSTA-RICHMOND COUNTY was taken at the specific direction of the GOOD NEWS CHURCH, INe. 3. INDEMNITY AND HOLD HARMLESS - CBH CONSTRUCTION, LLC: To the extent allowed by law, the GOOD NEWS CHURCH, INe. agrees to indemnify, defend and hold harmless CBH CONSTRUCTION, LLe., with respect to any claim, demand, action, damages, cost and/or expense to which CBH CONSTRUCTION, LLC., may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful ffi ':) Initial (QA-4ntial &1 Initial Page 3 misconduct, or any other negligence on the part of the GOOD NEWS CHURCH, INC. and/or its employees unless the complained of action of the GOOD NEWS CHURCH, INe. was taken at the specific direction of CBH CONSTRUCTION, LLC. To the extent allowed by law, CBH CONSTRUCTION, LLe., agrees to indemnify, defend and hold harmless the GOOD NEWS CHURCH, INe. with respect to any claim, demand, action, damages, cost and/or expense to which the GOOD NEWS CHURCH, INC. may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of CBH CONSTRUCTION, LLC., and/or its employees unless the complained of action of CBH CONSTRUCTION, LLC., was taken at the specific direction of the GOOD NEWS CHURCH, INe. 4. GENERAL TERMS: This document sets forth the entire agreement between the parties and is binding upon and inures to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and assigns, and may be cancelled, modified or amended only by a written instrument executed by all parties. The captions and marginal notes are used only as a matter of convenience and are neither to be considered a part of the agreement nor to be used in determining the intent of the parties to it. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA AND IN SIGNING THIS AGREEMENT, I/WE ACKNOWLEDGE THAT I/WE HAVE READ AND UNDERSTAND IT. THEREFORE, I/WE SIGN THIS AGREEMENT VOLUNTARILY. 5. Time is of the essence for the completion of the work described in this Agreement. It is anticipated by the parties that all work described herein will be completed within ninety (90) days of the date of execution, and that any delay in the completion of the work described herein shall constitute a material breach of this Agreement. ~ Initial &..J- Lnlitial /JJ. ~ Initial Page 4 , , . Signed this II day of JULY, 2009. THE GOOD NEWS CHURCH, INC. AUGUST A-RICHMOND COUNTY, GA. /q(~r; David S. Cope~a~er As its: Mayor As Its: Pastor Sworn to and affirmed before me, as to Good News Church, Inc., This --L:L- day of JUL Y, 2009 Attest: ~ L! 'tnrJ1tlL~ only !V111v't.'I tV. '{VfDkYl4JJk/ 1)!tP Lena J. Bonner, Clerk of Commission Seal: CBH CONSTRUCTION LLC / i h~... . / tf / ,!tt~/~Vf:.,~ RIS HICKMAN As Its: /;Zt:SI DE,vT /1,1TI:s.t ~ Initial cf24 c... Initial Initial Page 5