1h Lake Ann Park Building Proj
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Admlnlsllalion
Phon, 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phon,952.227.116()
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Pari< & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
RecrealionCenter
2310 Couller Boulevard
Phone: 952.227.1400
Fax: 952.227.14Q4
Planning &
Natural Resources
Phon, 952.227.1130
Fax: 952.227.1110
PubllcWorlls
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
SenlorCentor
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
'MYW,cLchanhassen.mn. us
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MEMORANDUM
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TO:
Todd Gerhardt, City Manager
Todd Hoffman, Park & Recreation Director "/1/ O~ .
April 2, 2002
FROM:
DATE:
SUBJ:
Approval of Settlement Agreement with Westra Construction and
Engelhardt & Associates; Lake Ann Park Project and Road
Construction
Please find attached a Settlement Agreement prepared by our Attorney's office.
This agreement is between the City, Westra Construction, and William R.
Engelhardt & Associates, Inc. The basis of this settlement is the city's
contention that the new section of park road constructed as a part of the
maintenance building project is too low and does not drain properly. A
discovery process was undertaken which, due to an abundance of conflicting
findings, was inconclusive in where the blame should be leveled.
The cost to correct the problem with the road has been estimated to be $17,040.
Our attorney's office proposed to all parties that this amount be split three ways
($5,680 each). Given the amount of time invested by staff in this issue, I
support their recommendation. As a part of the agreement, Westra will be
released from their responsibility to finish the road. The City will receive the
corresponding credit as a part of their final change order, allowing us to hire an
independent contractor to correct the problem with the road.
Given the appropriate forum, I would welcome the opportunity to launch into a
two-hour polemic expounding on the details of this issue for the benefit of the
Council. Suffice it to say that that endeavor would not remedy my frustrations
with this issue and the City would be no further ahead in this effort.
RECOMMENDATION
It is recommended that the City Council approve the attached Settlement
Agreement concerning the Lake Ann Park entrance road allowing the City to
proceed with final construction.
G:\parklthlsettlement agreement
The City 01 Chanhassen . A growing community with clean lakes, Quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks A Qoat place to live. work. and otav.
..
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. BroId*
·Abobua:lin W'øconsin
(651) 452-5000
Fax (651) 452-5550
John F. Kelly
Matthew J. Foli
Soren M. Mattick
Marguerite M. McCatton
Gina M. Brandt
***
Writer's Direct Dial: (6S1) 234-6214
Writer's e-mail: mfoli@ck-1aw.com
March 28, 2002
Mr. Greg Ottum
Westra Construction, Inc.
4355 Peavey Road
Suite 300
Chaska, MN 55318
VIA FACSIMILE TRANSMISSION
952-556-5552
Mr. William Englehardt
Englehardt & Associations, Inc.
1107 Hazeltine Boulevard
Suite 480
Chaska, MN 55318
952-448-8805
Re: Lake Ann Maintenance Facility
Dear Mr. Ottum and Mr. Englehardt:
Enclosed please find a Settlement Agreement regarding the Lake Ann Park Maintenance Facility
Project. Please review the same and call me with your comments. For this matter to be placed on the
City Council Agenda for the April 8, 2002 meeting, it must be in finaJ form and executed by the
contractor and the engineer by Tuesday, April 2, 2002.
Sincerely,
CAMPBELL KNUTSON
Professional Association
BY, ;I{~-
'Matthew J. Fo .
RECEI'
MAR29
CITY OF CHA~
MJF:pjh
enclosure(s)
cc: Mr. Todd Hoffinan (w/encl.)
Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") effective the _ day of , 2002, by
and between the CIlY OF CHANHASSEN, a Minnesota municipal corporation ("Owner"), Westra
Construction, Inc. ("Contractor") and William R. Englehardt & Associates, Inc. ("Engineer").
RECITALS
WHEREAS, the parties to this Agreement wish to resolve all issues regarding the Lake Ann park
entrance road.
NOW, TIlEREFORE, IN CONSIDERATION OF TIlEIR MUTUAL COVENANTS, TIlE
PARTIES AGREE AS FOLLOWS:
I. Contractor agrees to credit back to the Lake Ann Park Maintenance Facility project the
sum of $5,680.00, which reduces the total amount owed Contractor by Owner to $5,500.30.
2. Engineer agrees to pay to the City the sum of $5,680.00. Owner has already paid
Engineer in full for services rendered for the Lake Ann Park Maintenance Facility project.
3. Upon perfonnance of their obligations in paragraphs I and 2 above, Contractor and
Engineer shall be released and discharged ITom all claims relating to the entrance road, the driveways and
yard maintenance, including blacktopping, shoulder and/or ditch grading, and restoration of adjacent
areas.
4. The parties agree that this Agreement does not affect the parties' responsibilities and
obligations regarding all other aspects of the Lake Aim Park Maintenance Facility Project.
5.
liability.
As a compromise of disputed claims, this Settlement Agreement is not an admission of
CIlY OF CHANHASSEN
BY:
Linda C. Jansen, Mayor
AND
Todd Gerhardt, City Manager
WESTRA CONSTRUCTION, INC.
BY:
ITS:
WILLIAM R. ENGLEHARDT
& ASSOCIATES, INC.
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