HomeMy WebLinkAboutSpirit Creek Washwater Treatment Facility
Augusta Richmond GA
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YEAR: / 9q&
BOX NUMBER: 2-
FILE NUMBER: [;) 0; cf 3
NUMBER OF PAGES: J
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STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT made by and between Richmond County,
acting by and through the Augusta-Richmond County Commission, and
M. B. Kahn Construction Co., Inc.
WHEREAS, Richmond County and M. B. Kahn Construction Co.,
Inc. entered into a contract dated December 7, 1993, for the
construction of the Spirit Creek Wastewater Treatment Facility; and
WHEREAS, disputes have arisen concerning costs incurred
in connection with the failed liner which was installed in
connection with this project; and
WHEREAS, Richmond County has incurred additional costs as
a result of the failed liner; and
WHEREAS, disputes exist as to the allowance of any
extension in the time period for the contract and for damages and
for penalties for failure to complete the project within the time
allowed by the contract;
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants herein contained, the parties do hereby
agree as follows:
1. M. B. Kahn accepts the sum of $43,800.00, currently
being held by Richmond County, as retainage, in full and complete
satisfaction of all claims under the contract for compensation and
hereby releases and discharges Richmond County from any further
claims for compensation for work performed in connection with said
contract.
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2. Richmond County hereby releases and discharges M. B.
Kahn from any claims for delay damages resulting from the failure
to complete the contract within the contract period and releases
M. B. Kahn for any claim for additional engineering fees and
expenses in connection with the failed liner or the additional time
to complete said project.
3. Richmond County specifically reserves any claim it
may have against M.B. Kahn Construction for any latent defects in
the project or for any claim under warranties granted in connection
with the construction of the project. The sole purpose and intent
of this release is release claims for compensation by M. B. Kahn
under the terms of the contract and to release claims by Richmond
County for sums due as liquidated damages or for additional
expenses incurred in connection with the delay in completing the
project or in the work incident to the repair of the failed liner.
IN WITNESS WHEREOF the undersigned have caused this
instrument to be executed by its duly authorized officials this
l'itz- day of December, 1996.
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By:
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G.E. MOORE DIVISION
M.B. Kahn Construction Co., Inc.
1120 Reynolds Ave. - P.O. Box 578 '
Greenwood, S.C. 29649
(864) 229-7411
FAX (864) 229-1146
LETTER OF TRANSMITTAL
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DATE
1/2/97
JOB NO.
1405
TO
Augusta-Richmond County Commission
Room 801 - City - County Municipal
Building (11)
Augusta, Georgia 30911
ATIENTION
Mr. James B. Wall
RE:
Spirit Creek WWTP
Augusta, GA
GENTLEMEN
WE ARE SENDING YOU
[8J Attached
o Under separate cover via
1
Mutual Release - Executed
FOR YOUR USE
THESE ARE TRANSMITTED as checked below:
o t-or approval
o ror your use
o As requested
o Approved as submitted 0 Kesubmlt
o Approved as noted 0 ~ubmit
o Ketumed tor corrections 0 Ketum
copies tor approval
copies tor distribution
corrected prints
o ror review and comment
REMARKS
SIGNED:
COPY TO