Chavenelle Dr Repair McAninch
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MEMORANDUM
March 9, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Industrial Center West - Chavenelle Drive Repair Work
Corporation Counsel Barry Lindahl is recommending that the City accept the $8,400
settlement from McAninch Corporation to pay part of the costs of the repairs needed to
Chavenelle Drive in Dubuque Industrial Center West.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michayl C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
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March 3, 2004
Michael C. Van Milligen, City Manager
City Hall - City Manager's Office
50 West 13th Street
Dubuque, IA 52001
RE:
Dubuque Industrial Center West - Chavenelle Drive Repair Work
Dear Mike:
The City contracted with W. C. Stewart to repair some settling of the pavement in
Chavenelle Drive in the Dubuque Industrial Center West. It was the City's initial opinion
that the settling of the pavement on Chavenelle Drive was the result of the work done by
McAninch Corporation during the construction of the Industrial Park. We presented a
claim to McAninch Corporation but McAninch Corporation denied responsibility for the
problem. We retained the services of Terracon to assist us in determining the cause of
the settlement. A geotechnical engineering report provided by Terracon, however,
proved inconclusive on the cause.
The total amount paid to W. C. Stewart for the repairs was $34,431.00. McAninch
Corporation offered to contribute $8,400.00 toward the repair costs. In consideration for
that contribution, McAninch Corporation asked for a release from any further claims
relating to settlement of Chavenelle Drive.
Attached is a copy of the release. I would recommend that the release be presented to
the City Council for approval and that the Corporation Counsel be authorized to sign the
release on behalf of the City in consideration for the contribution of $8,400.00 to the
cost of the repairs to the settlement of the pavement.
BAL:tls
Attachment
cc: Mike Koch, Public Works Director
Se",i"
People
Integrity
R"pornibility
Innovation
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~ 03/ú3/2004 OS 55 FAX 5152220318
WHITFIELD&EDDY PLC
I4i 0021002
RELEASE
WHEREAS. the City of Dubuque. Iowa and McAninch Corporation entered into a
contract pursuant to which McAninch agreed to construct Chavenelle Drive in the
Dubuque IndustrIal Center Weet County Farm Site Construction Project; and
WHEREAS, McAninch Corporation constructed ChaveneUe Drive; and
WHEREAS, an issue has arisen between the parties with respect to the CÇluse of
settlement in the pavement in Chavenelle Drive; and
WHEREAS, the parties now desire to resolve thl!! dIspute.
NOW. therefore it is agreed by and between the parties as follows:
1. McAninch Corporation agrees to contribute to the City of Dubuque $8,400 for the .
cost of the repairs to "!he settlement of the pavement In Chavenelle DrIve.
2. In consideration of McAninch Corporation's paym",nt, City hereby releases
McAninch Corporation from :and against any and all claims of êlny kind with
respect to the settlement of the pavement in Chavenelle Dñve.
Dated the - day of
,2004.
THE CITY OF DUBUQUE, IOWA
By:
MCANINCH CORPORATION
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