SUBJECT/RECOMMENDATION:
Title
Request for authority to settle the case of Precon Corporation v. Westfield Insurance Company, et al., Case No. 17-002462 for $143,678.53. (consent)
Body
SUMMARY:
Precon Corporation was subcontractor involved in the construction of tanks on Project No. 09-0018-UT (Reverse Osmosis Plant No. 1) (RO-1). The tanks were completed and accepted by the City and placed into operation. Precon has not been paid by the general contractor Brandes Design-Build, Inc.
Brandes sued the City in 2015 alleging various violations of the construction contract related to RO-1 project. That suit is still in litigation and one of the conditions of the proposed settlement of the Precon suit is that any settlement payment would be credited in whole against any amount owed to Brandes.
Authority is being sought to settle this case for $143,678.54, in exchange for which the City will receive a full release and all claims pending against the City in the Precon case will be dismissed with prejudice, and the City will receive full credit against any moneys owed to Brandes in matter of Brandes Design-Build, Inc. v. City of Clearwater, Case No. 15-003724-CI.
APPROPRIATION CODE AND AMOUNT:
3217321-563800-96764