RES 84543 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 84-543 A RESOLUTION ACCEPTING SETTLEMENT OF A DISPUTE OVER DAMAGES DUE TO DELAY IN CONSTRUCTION OF THE CIVIC CENTER ADDITION WHEREAS, the City and Carl R. Banke entered into an agreement dated October 25, 1983 (the "Agreement") for the con- struction of an addition to the Civic Center building at 200 Bernal Avenue, Pleasanton (the "Project"); and WHEREAS, the Project was accepted as complete by the City Council on October 2, 1984, with an adjusted final cost of $400,052.55, 10% of which is being withheld for thirty (30) days in accordance with the Agreement; and WHEREAS, the Project was completed substantially later than the completion date set forth in the Agreement and the City and Banke have disagreed over the causes of the delay and the damages occasioned by them; and WHEREAS, the City and Banke have agreed to settle any and all of their differences by assessing $3,000 in damages in favor of the City and adjusting the final price for the Project to include additional costs of $759 in favor of Banke and $350 in favor of the City, the total net set- tlement of $2,591 to be deducted from the payment of the retention held by the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES AS FOLLOWS: Section 1: The City hereby agrees to settle its dispute with Carl R. Banke for the net sum of $2,591 to be paid to City, said sum to be paid by deducting said sum from the retention held by the City and to be paid to Banke fol- lowing the thirty (30) day retention period. Section 2: The City Attorney is hereby authorized to do all acts necessary to finalize this settlement. Section 3: This resolution shall become effective immediately upon its passage and adoption. THIS RESOLUTION ADOPTED OCTOBER 30, 1984 BY THE FOLLOWING VOTE: