3336822v1
APPROVED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ____________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF
FLATIRON WEST, INC. V. CITY OF OAKLAND, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. RG19041029, CITY ATTORNEY FILE NO. 33689, FOR PAYMENT TO THE CITY OF THE SUM OF $250,000.00 (DEPARTMENTS OF TRANSPORTATION AND PUBLIC WORKS –
BREACH OF CONTRACT)
WHEREAS, The City contracted with Plaintiff Flatiron West, Inc. to serve as the general contractor on the Replacement of Embarcadero Bridge over Lake Merritt Channel; and WHEREAS, Flatiron West, Inc. filed a complaint against the City on October 29, 2019 alleging breach of contract against the City and seeking in excess of $3.3 million in damages;a n d WHEREAS, the City filed a cross-complaint ag ainst Flatiron West, Inc. and against the project designers T.Y. Lin International, AECO M, AECOM Technical Services, Inc., and T.Y.
Lin International/AECOM, a joint venture; and
WHEREAS, the City has considered all of the evidence, litigation costs, and litigation risks in this case and determined that it is in its best interests to agre e to settle all claims in the lawsuit by a payment to the City of $250,000.00 and a release of all claims by all parties, except any claims the City may have for latent defects; and
WHEREAS, the City does not admit any wrongdoing or liability; now, therefore, be it RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Flatiron West, Inc. v. City of Oakland , Alameda County Superior Court Case no.
RG19041029, City Attorney File No. 33689 for payment to the City of $250,000.00 and a release of all claims by all parties, except any claims the City may have for latent defects; and be it FURTHER RESOLVED: That the City Attorney is auth orized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE