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ITEM 28 C A.. 2- Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 10/ I 'is / DI I , SU B JECl /RECOMMEN DA liON: Authorize settlement of Aquamarine Swimming Pool Co. v. Oakhurst Construction Co., Inc. (and City) Circuit Civil No. 00-5653-CI-07, for payment by City of outstanding balance of contract price of $81,696.05, plus interest, and receipt by City of warranties on swimming pool shell. ~ and that the appropriate officials be authorized to execute same. SUMMARY: This case involves the construction of the swimming pool at the Clearwater Beach Recreation Center and questions regarding the adequacy of construction. In exchange for receiving the outstanding balance of the moneys owed to the contractor and subcontractor under the contract, the City will receive an ten year warranty on the pool shell from the subcontractor that constructed the pool and a performance bond providing a two year warranty on the shell. The bond is renewable. Authorization is sought to settle this action pursuant to the above terms and to pay Oakhurst $81,696.05, plus interest at 6% (which is the rate we earned while holding this money) and to accept the extended warranty and performance bond as described above. Reviewed by: Legal ~ Info Tech NA Budget NA Public Works NA Purchasing NA DCMlACM Risk Mgmt NA Other NA Costs Legal User Dept. Total Funding Source: Captiallmprovement Current Fiscal Year Attachments Operating Other Appropriation Code: o None Rev. 2/98