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CI'. t OF SAN BERNARD'.40 - REQUL...iT FOR COUNCIL AC. 40N
From: Ralph H. Prince
Subject: Mill Center Recreation Facility,
Settlement of Arbitration with
Bonadiman & Associates
Dept: City Attorney
Date: January 24, 1986
Synopsis of Previous Council action:
8/5/85
City Attorney authorized to institute arbitration
proceedings against Bonadiman & Associates.
Recommen<:led motion:
1. Accept offer of Bonadiman & Associates in the amount of
$2,000 as full settlement in the matter of Mill Center
Recreation Facility.
OR
2. Direct City Attorney to proceed with arbitration hearing.
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Signature
Contact person: _'''' william ~<'!Rgurin_""
Phone:
5055
Supporting data attached: ._~___ Ye~_.______.__
Ward:
1
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda I tem No.
7
CI1 { OF SAN BERNARDI.,.O - REQUl:.__ T FOR COUNCIL AC" .ON
STAFF REPORT
On February 4, 1985, the Mayor and Common Council authorized
payment of $3,950 to the contractor who constructed Mill Center
Recreation Facility. This amount represented 50% of the cost of
additional material for repair of the north, south and east
exterior walls of that facility.
On August 5, 1985, the City Attorney was authorized to institute
arbitration proceedings under the architectural agreement to
recover said $3,950 from Bonadiman & Associates.
The City Attorney has initiated arbitration proceedings on behalf
of the City with regard to the claim against Bonadiman &
Associates for said $3,950: The arbitration hearing is scheduled
for February 10, 1986.
Attorney Brian Simpson represents Bonadiman in the arbitration
proceeding and, by letter dated January 10, 1986, has offered to
settle the matter by payment to the City of the sum of $2,000.
Mr. Simpson indicated in his letter that in his review of the
file, it appears difficult to assess responsibility because of
the number of parties involved, and that in the spirit of
cocperation and for the purpose of resolving this problem without
any further costs, either to "my client or the City" said offer
of settlement was made.
The City Attorney and City Engineer support acceptance of Mr.
Simpson's offer of settlement on behalf of Bonadiman &
Associates.
75-0264