HomeMy WebLinkAbout81- Mutual Release - Concrete Specialties
\
..,-'
R E LEA S E
THIS MUTUAL RELEASE, executed on the 11 day of
February, 1981, between the City of Bozeman, a municipal
corporation of the State of Montana in Gallatin County,
hereinafter referred to as "the City," and CONCRETE
SPECIALTIES, INC. , of P.o. Box 6l4, Bozeman, Montana,
hereinafter referred to as "Concrete Specialties," is
intended to effect the extinguishment of obligations as
hereinafter designated.
R E C I TAL S:
I.
Concrete Specialties entered into a contract dated
July 14, 1978, for the construction and installation of
miscellaneous concrete sidewalks and curbs in the City of
Bozeman for the year 1978, a copy of which contract and
contract specifications is attached as Exhibit A hereto
and is hereby incorporated by reference.
II.
Concrete Specialties installed the sidewalks and
curbs required by the contract between July 25, 1978, and
October 26, 1978; that during the winter of 1978 and 1979
certain of the sidewalks and curbs installed by Concrete
Specialties began to spall; i.e. , the surface of the hardened
concrete flaked away.
III.
That disputes and differences have arisen between the
City and Concrete Specialties concerning liability and
responsibility for the spalling; inter alia, the following
causes for the spalling have been advanced:
l. Failure of the Concrete to comply with the Concrete
specifications (fault of Concrete supplier) .
2. Inadequate contract specifications for concrete
(fault of Ci ty) .
"
. ~
3. Corrosion by de-icing salts (fault of City, State
and Federal Governments).
4. Improper workmanship (fault of Concrete Specialties).
IV.
The failure of the cause of the spalling and the
evidence advanced by the parties show that it will be
virtually impossible to determine the actual cause and
responsibility for the spalling problem.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
and promises of the parties hereinafter contained, in
consideration of the mutual relinquishment of their respective
legal rights with reference to the above referenced contract,
and in consideration of the execution of this mutual release
the parties agree as follows:
l. Except for the work to be performed by Concrete
Specialties as provided in paragraph 3 below,
the Ci ty hereby:
( a) accepts the work done and materials supplied
by Concrete Specialties in its performance of
the contract dated July 14, 1978.
(b) acknowledges that Concrete Specialties as of
October 31, 1978, fully performed the contract
dated July 14, 1978, according to its terms
and specifications.
2. That the performance bond executed by United States
Fidelity and Guaranty Company on July 14, 1978, and
the Labor and Material Payment Bond executed by
United States Fidelity and Guaranty Company on July 14,
1978, are hereby released and United States Fidelity
and Guaranty Company is hereby released from any
and all liability thereunder.
-2-
. .
-, ..
,
3. That Concrete Specialties shall remove and replace
the following:
a. Thirty (30) feet of curb at First West driveway,
west side, and two sections of curb at Tracy
and Main.
b. Remove and replace the alley aprons on the
west side of Seventh between Main and Babcock
and on the west side of Bozeman between Main
and Babcock.
The City shall haul the old concrete away
and patch the asphalt.
4. Concrete Specialities shall perform the work described
above no later than August l, 1981. To ensure Concrete
Specialties' performance of the work described above
Concrete Specialties shall furnish the City with a
Certificate of Deposit in the amount of Two Thousand
Dollars ($2,000) . The Certificate shall be endorsed
and returned to Concrete Specialties upon performance
of the work described above. In the event Concrete
Specialties fails to perform the work described above
by August l, 1981, the Certificate of Deposit and
accrued interest thereon shall be forfeited to the City.
IN WITNESS WHEREOF, the parties have executed this mutual
release at Bozeman, Montana, on this 11 day of February,
1981.
CONCRETE SPECIALTIES, INC.
(CORPORATE SEAL) By If t<A-L cL~
Duane A. Denton, President
A'rTEST:
~~.ad
ete M. Kirwan
-3-
.
.
~ .........
, . . ;
C~TYr' BOZEMAN",;>/, '/"____
By '(./:.(/(.0'<.----- ..1 /"~'/(-,' ",y -
DUNCAN MacNAB, Mayor
ATTEST:
(SEAL)
-4-