63-0694ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING PAYMENT OF $4,500.00
IN SETTLEMENT OF A DISPUTED CLAIM AGAINST THE
CITY OF ANAHEIM IN CONJUNCTION WITH JOB
NO. 4809.
WHEREAS, in connection with Job No. 4809, street con-
struction on Ball Road from Sherrill Street to Loara Street,
certain portions of the roadway and the construction thereof
necessitated the removal of construction work accomplished, the
removal and replacement of subgrade and the re- installation of
pavement, for a total cost of 9,111.89; and
WHEREAS, the contractor, Electric and Machinery
Service, Inc. contends that the failure of the street work re-
quiring the additional expenditure of time, equipment and
materials, was because of the failure of the subgrade outside
of his contractual obligation and that the entire cost should
be paid by the City of Anaheim; and
WHEREAS, the City of Anaheim contends that a major
part of the cause of failure would be the fault of the contrac-
tor because of inadequate protection and failure to meet
specifications; and
WHEREAS, the exact cause of the failure cannot be
definitely ascertained or determined and the contractor and
City have arrived at a tentative settlement of the controversy
by the payment of $4,500.00 by the City to the contractor as a
full and complete settlement and compromise of the controversy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the Director of Finance be and he is
hereby directed to pay the sum of $4,500.00 to Electric and
Machinery Service, Inc. upon the execution by said company of a
compromise and settlement agreement and release of any further
obligation by the City by reason of the controversy for addi-
tional costs on the failure of portions of the work on Job
No. 4809.
BE IT FURTHER RESOLVED that the form of release and
compromise shall be approved by the City Attorney,and upon the
signing of said release by Electric and Machinery Service, Inc.
and the approval by the City Attorney, payment by the Finance
Director shall be made with no further action by the City Council.
THE FOREGOING RESOLUTION is approved and signed by me
this 20th day of August, 1963.
CIT CLERK F THE CITY or HEIM
RESOLUTION NO. 63R- 694
Acctg. Off.
Engr.
OR OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
NOES: COUNCILMEN: None
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -694 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 20th day of
August, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons
ABSENT: COUNCILMAN: Dutton
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -694 on the
20th day of August, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 20th day
of August, 1963.
(SEAL)
CI CLERK OF THE CITY OF ANAHEIM