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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