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Chavenelle Dr Repair McAninch D~~@UE ~Ýk-~ 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. (l1J{ [~;21/{ Michayl C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager \/1 8JiJ¡(J '1;¡ :8 \1'1 0 \ 11\1\1'10 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 D~ ~Ýk-~ 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 Teamwmk ~ 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 ~'7~~