Number
021373
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing settlement of the lawsuit entitled Super Excavators, Inc. v. City of Milwaukee, Case No. 01-CV-001325.
Analysis
This resolution authorizes settlement of the above-referenced lawsuit in the amount of $376,046.00.
Body
Whereas, This case arose out of a contract between the City and Super Excavators, Inc., for the construction and installation of a network of combined-sewer relief tunnels beneath a number of streets on the north side of the City; and
Whereas, During excavation of one of the tunnels, an unexpectedly large volume of water engulfed the tunnel-boring machine utilized by the contractor, causing the equipment to settle below grade; and
Whereas, The contractor incurred approximately $800,000.00 of unanticipated expenses to recover its equipment from the tunnel; and
Whereas, Super Excavators, Inc., sued the City for costs and damages it incurred as a consequence of the tunnel-boring machine's settlement; and
Whereas, The City Attorney has concluded that settlement of this lawsuit is in the best interests of the City of Milwaukee; and
Whereas, Plaintiff has agreed to settle this lawsuit in the amount of $376,046.00; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to settle this claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper city officers be and hereby are authorized and directed to issue a check in the amount of $376,046.00 payable to Super Excavators, Inc., in full and final settlement of said lawsuit, said check to be delivered to the City Attorney upon his request, said amount to be charged to the Sewer Relief and Relay Fund, Account No. 636506, Fund No. 0327, Organization No. 5234, Program No. 2632, Sub Class No. R999/0000, Project Grant No. SW17180125; and be it
Further Resolved, That the City Attorney shall, upon payment, obtain a release of claim as well as a Stipulation and Order for Dismissal of this matter, and deliver the original release to the City Clerk.
Requestor
City Attorney
Drafter
Rudolph M. Konrad
RMK:lmb
12/19/2002
1029-2001-729:61700