HomeMy WebLinkAboutMUTUAL RELEASE BETWEEN AUD AND VASTECH/PROTECH
Mutual Release
WHEREAS, the AUgUsta-Richmond County Commission in order to construct and extend
a 24-inch water main along Highway 56 (Project No. 10120) (hereinafter referred to as the
"Project") invited interested parties to bid on completing the Project; and
WHEREAS, Vastec-Protech Joint Venture is a joint venture compromised of Vastec
Group, Inc. and Protech Contractors, Inc. (the "Joint Venture"), and
WHEREAS, the Joint Venture was awarded the contract to construct the Project and an
Agreement for the construction of the Project was entered into by and between AUgUsta, Georgia
and the Joint Venture on August 1, 2006 (the "Contract"), a copy of same, as amended, being
attached hereto as Exhibit A; and
WHEREAS, during the pendency of the Contract and while the Project was being
constructed certain disputes arose between the parties regarding performance and payment; and
WHEREAS, the parties, during the pendency of the Contract agreed to certain
modifications to the contract relating the scope of the Project; and
WHEREAS, the parties disputed the amount the contract price should be reduced due to
the modifications of the Contract; and
WHEREAS, the parties have reached an agreement to resolve their disputes regarding the
work to be performed on the Project and the payment for such work and now desire to set said
agreement down in writing.
NOW, THEREFORE, Vastec Group, Inc., Protect Contractors, Inc., the Joint Venture,
and Augusta, Georgia, a political subdivision of the State of Georgia, agree as follows:
1) This mutual release is intended to effect the elimination of any obligations by
either party as designated and excepted hereinafter.
2) All Parties recognize and agree that by execution of this mutual release, they are
relinquishing their respective legal rights with reference to the herein mentioned disputes and
differences, claims, demands, damages, actions or causes of action, and all parties agree that in
consideration of the execution of this mutual release, and the payment of Two Hundred Forty
Thousand and no/lOO ($240,000.00) Dollars by Augusta, Georgia to Vastec Protech Joint Venture
and Selective Insurance, receipt of which is hereby acknowledged, each party expressly releases the
other party from all liability for claims and/or demands which may arise from or out of any breach,
violation or as a result of the Contract, except as designated hereafter, including but not limited to
all claims and obligations for payment, compliance with any and all contract terms, or liquidated
damages.
3) All parties recognize and intend that all contractual warranty obligations provided
for under the Contract are excluded from this mutual release, and shall continue in full force and
effect.
4) That the undersigned parties hereby declare that this mutual release contains the
entire understanding between the parties, and that the terms hereof have been completely read and
are fully understood and voluntarily accepted for the purpose of making a full and final
compromise, adjustment and settlement of any and all claims,. disputed or otherwise, on account of
any damages above mentioned and for the express purpose of precluding forever any further or
additional claims arising out of the aforesaid transaction or event.
111
Signed and sealed at Augusta, Georgia this _ day of Deeem-13GI, 2:807'.
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AUGUSTA, GEORGIA
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STATE OF GEORGIA ,J
RICHMOND COUNTY 1s1\
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Personally appeared before me, this /~..tV day of c , ,
!JAV/IJ S. CDP!iJJflitVe'/b, to me known to be the person who executed this instrument, and
acknowledged the same to be a free act and deed; and I certify that before the execution thereof it
was read over and fully explained to the same person by me, and he declared before execution
thereof that he fully understood it.
N~~~ta~~6'i~
Notary Public, Columbia County, Georgia
My Commission Expires July 27, 2010
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By:
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Attest:
Its:
Si~~ S~presence of:
Witness
STATE OF GEORGIA
RICHMOND COUNTY
J-- Persona\ll ~~eared before me, this -i ~ day of December, 2007,
WQ~ /'tc{ YT'1-1't..-( r , to me known to be the person who executed this
instrument, and acknowledged the same to be a free act and deed; and I certify that before the
execution~1?l~~ead over and fully explain e same person by me, and he declared
before ~~;mrtn6 at he fully understood i
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STATE OF GEORGIA
RICHMOND COUNTY
--r- Persov~lly (tfPl]e~ed before me, this ~day of December, 2007,
'-.jp~ ~e.Ad, , to me known to be the person who executed this instrument; and
acknowledged the same to be a free act and deed; and I certify that before the execution thereof it
was read over and fully explained to the erson by me, and he declar~~{cution
thereof that he fully understood it. ..:"';'~~..;....PI\I~ ".
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PROTECH CONTRACTORS, INC.
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STATE OF GEORGIA
RICHMOND COUNTY
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Personally appeared before me, this - day of December, 2007,
/}nrht:./ltt Caj)M'i.I'&//t:K- , to me known to be the person who
executed this instrument, and acknowledged the same to be a free act and deed; and I certify that
before the execution thereof it was read over and fully explained to the same person by me, and he
declared before execution thereoflhat he fullY:= ~ -"
Notary Public, State of Georgia
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Mutual Release
WHEREAS, the Augusta-Richmond County Commission in order to construct and extend
a 24-inch water main along Highway 56 (Project No. 10120) (hereinafter referred to as the
"Project") invited interested parties to bid on completing the Project; and
WHEREAS, Vastec-Protech Joint Venture is a joint venture compromised of Vastec
Group, Inc. and Protech Contractors, Inc. (the "Joint Venture"), and
WHEREAS, the Joint Venture was awarded the contract to construct the Project and an
Agreement for the construction of the Project was entered into by and between AUgUsta, Georgia
and the Joint Venture on AUgUst 1, 2006 (the "Contract"), a copy of same, as amended, being
attached hereto as Exhibit A; and
WHEREAS, during the pendency of the Contract and while the Project was being
constructed certain disputes arose between the parties regarding performance and payment; and
WHEREAS, the parties, during the pendency of the Contract agreed to certain
modifications to the contract relating the scope of the Project; and
WHEREAS, the parties disputed the amount the contract price should be reduced due to
the modifications of the Contract; and
WHEREAS, the parties have reached an agreement to resolve their disputes regarding the
work to be performed on the Project and the payment for such work and now desire to set said
agreement down in writing.
NOW, THEREFORE, Vastec Group, Inc., Protect Contractors, Inc., the Joint Venture,
and Augusta, Georgia, a political subdivision of the State of Georgia, agree as follows:
1) This mutual release is intended to effect the elimination of any obligations by
either party as designated and excepted hereinafter.
2) All Parties recognize and agree that by execution of this mutual release, they are
relinquishing their respective legal rights with reference to the herein mentioned disputes and
differences, claims, demands, damages, actions or causes of action, and all parties agree that in
consideration of the execution of this mutual release, and the payment of Two Hundred Forty
Thousand and no/1 00 ($240,000.00) Dollars by Augusta, Georgia to Vastec Protech Joint Venture
and Selective Insurance, receipt of which is hereby acknowledged, each party expressly releases the
other party from all liability for claims and/or demands which may arise from or out of any breach,
violation or as a result of the Contract, except as designated hereafter, including but not limited to
all claims and obligations for payment, compliance with any and all contract terms, or liquidated
damages.
3) All parties recognize and intend that all contractual warranty obligations provided
for under the Contract are excluded from this mutual release, and shall continue in full force and
effect.
4) That the undersigned parties hereby declare that this mutual release contains the
entire understanding between the parties, and that the terms hereof have been completely read and
are fully understood and voluntarily accepted for the purpose of making a full and final
compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account of
any damages above mentioned and for the express purpose of precluding forever any further or
additional claims arising out of the aforesaid transaction or event.
111
Signed and sealed at Augusta, Georgia this _ day of DeeembGI, :067.
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AUGUSTA, GEORGIA
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By:
Its:
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Signed and Sea'eClJ~&presence of:
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Witness 7
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STATE OF GEORGIA
RICHMOND COUNTY a
Personally appeared before me, this /~..tV day of ~~~1ft:
!JAV/D s. CDp!iJJflitVe'/b, to me known to be the person who executed this instrument, and
acknowledged the same to be a free act and deed; and I certify that before the execution thereof it
was read over and fully explained to the same person by me, and he declared before execution
thereof that he fully understood it.
~]tJ~ A/ 7n6J1~.
Notary PuhU6, State of Georgia
Notary Public, Columbi:3 County, Georgia
My Commission Expires July 27, 2010
[signatures continued on following page]
V A.~TECH JOINT VENTURE
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Attest:
Its:
Si~~S~presence of:
Witness
STATE OF GEORGIA
RICHMOND COUNTY
J-- PersonaVl ~~eared before me, this -i ~ day of December, 2007,
WQ~ /'tc{ YTl-r't..-f r , to me known to be the person who executed this
instrument, and acknowledged the same to be a free act and deed; and I certify that before the
execution~1?l~~ead over and fully explain e same person by me, and he declared
before e<<~6rrtn.6~ at he fully understood i
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STATE OF GEORGIA
RICHMOND COUNTY
Persov~lly (tfPP'e,~ed before me, this ~day of December, 2007,
$~ ~ild, , to me known to be the person who executed this instrument; and
acknowledged the same to be a free act and deed; and I certify that before the execution thereof it
was read over and fully explained to the erson by me, and he declar~~~ution
thereof that he fully understood it. ..:"';'~~..;'....~I\I~ _.
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STATE OF GEORGIA
RICHMOND COUNTY
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Personally appeared before me, this _- day of December, 2007,
f};>1-hn/l1 Ca~/)"al'&I/t'k.- , to me known to be the person who
executed thIS instrument, and acknowledged the same to be a free act and deed; and I certify that
before the execution thereof it was read over and fully explained to the same person by me, and he
declared before execution thereof that he fully understood it.
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