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Claim by Gordon E. MillsClaim F;~rm http://www.cityofdubuque.org/printer_friendly.cfm?pageid=155 ~~(~ ~ ~ G~l'v~ ,~ CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ,~~~ ^,~~~'~~'yL- This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to make any representation to you as to whether your claim will or will not be paid. 1. Name of Claimant: ~ ~CZ`~OI~ ~ ( `~ \ 1 ~--~--~ 2. Address: ~ ~ ~ 1 ~' 1~ ~ ~IZ 1~ ~L, 1 ~-1~.. 3. Telephone Number: ~ C> L~ ~' 211 4. Date of Incident: ~l~U ~ ~ ~ L ~~ ~9 5. Time of Incident: ~ ~ - ~ ~ ~~~ 6. Location of Incident (Be specific): ~~~ ~cl2j~~,~ L.c~ N C'i' fi~~-~/~ ~.,r~--(LIL.I~C~i / N "~VLb~'"' c51C l~-1~1 1 aV Pt 1.-- 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) S~ ~ ~ ~T~b,C'tWl, ~~ 8. What were weather conditions like? i ~ l~~~.. 9. Give name and address of any witnesses: ~\ A~bl~~ ~~'I 1 C.L ~ ~T 10. Did police investigate? (If so, give names of officers.) ~~ 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) fJ~ 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) 1 of 2 11/3/08 11:55 AM ,Claim ;orm http: //www.cityofdubuque.org/printer_friendly.cfm?pageid=155 13. What other damages do you claim, if any? TV~~~' 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) Y~-~~ 15. What amount do you claim from the City of Dubuque? ~~ !°'~J ~'"P 16. Why do you claim the City of Dubuque is responsible? Sic ~ ~.~~i~rG~Y~ ~~ ~ 3~~~ 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) ~~ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this ~ day of ~ ~t~ ~V\'(3~_ , 20~~j (Signature) ~' z~~N L , 1M ~u~S (Print Name) ~ ~, cx~ ~ `~ :~ ~' _ _, .~~ -; - ~ t.' _, ,, ~ _ ~., ~ prnt._this page. .y =i -- r, cn -T ..T~ ..~ F ~i ~..-- :~ 2 of 2 11/3/08 11:55 AM Damage Claim and Report for the City of Dubuque November 5, 2008 Jeanne Schneider, City Clerk City Hall 50 West 13`" Street Dubuque, IA 52001 Dear Ms. Schneider, My car was damaged in a parking lot incident on November 2, 2008 at the Dubuque Airport. I have attached the Claim Form required by the City along with photographs of the damage to my car and the precast wheel stop that was the cause of the damage, and two estimates* for repair work. In the claim form item 7, I indicated that a statement regarding the incident would be attached and my statement is included in this letter. I respectfully request that I be reimbursed for the damage caused to my car. My Statement I arrived at the Dubuque Airport on Thursday, October 30 for an early morning flight. I parked in the long term parking area just outside the terminal entrance. As I pulled in to the parking spot, I heard a very light "click" sound. As I left the car I looked underneath the front to see if I was dragging on the precast wheel stop. It was still dark, but it was obvious that I had plenty of clearance between my car and the top of the wheel stop. I concluded that the slight sound that I had heard was something else and presented no cause fox concern. I returned to the airport on Sunday November 2 about 11 am. When I backed my car out of the parking stall I heard a sound that suggested that the front end was entangled with the wheel stop. I exited my car and found that substantial damage had been done to the right side of the car. The cause was immediately apparent. Both bolts that hold the wheel stop in place were partially raised from their normal position, which should be flush with the top of the wheel stop. While the bolt on the left side of the wheel stop was only raised 1 '/z inches, the one on the right was raised more than 4 inches and was the cause of damage to my car. I visited the American Eagle counter and they summoned the City of Dubuque employee on duty, Jason Gillette. I pointed out the damage to him and we then viewed the parking stall that I had used so that he could see the problem. A primary purpose was to let the City know of the problem so that the bolts could be properly seated before causing a problem for others. Jason and I noted that there were a few other wheel stops with slightly elevated bolts. We photographed the damage to my car and the offending wheel stop and those photographs are attached. City Ke.rponsibility I feel that the City of Dubuque is responsible for the damage and the cost of repair. As a frequent traveler who makes 30 trips out of the Dubuque airport each year, I use the parking several times each month. I believe that consumers have the right to expect that the lot be maintained in reasonable condition to enable use with out risk of damage caused by the parking lot itself. I've parked the same car there for 2 '/z years without incident. My car has more than adequate clearance for a properly maintained wheel stop. But for the failure of the City to properly maintain the anchor bolts for this wheel stop, no damage would have occurred. S~ r~ Gordon E. Mills, FAIR 755 Mt. Carmel Rd Dubuque, IA 52003 Enclosures: City of Dubuque Claim Form pages 1 and 2 Three photos of car damage One photo of precast wheel stop Estimate from Kruse-Warthan, Dubuque Estimate from Lujack Northpark Auto, Davenport * Two estimates were obtained for the repair work. While the estimate from Lujack's is $116.90 lower, a car rental for two days, estimated at $100, and mileage cost of $81.90 would be necessary since they are out of town, making the total cost of repair $65.21 greater than the cost to have the car repaired locally by Kruse-Warthan. •~ LUJACK NORTHPARK AUTO PLAZA 3700 HARRISON STREET DAVENPORT, IA 52806 PHONE 563-388-2712 FAX 563-386-7790 TAX ID #42-0 664731 CD LOG NO 49574-1 DATE 11/05/08 SHOP: LUJACK NORTHPARK AUTO PLAZA INSP DATE: 11/05/08 ADDRESS: 3700 HARRISON STREET CONTACT: JON KEIL CITY STATE: DAVENPORT, IA PHONE l: (563)388-2712 ZIP: 52806- PHONE 2: (563)386-1511 FAX: (563)386-7790 EMAIL: COLLISIONTEAM@LUJACK.COM OWNER: MILLS, GORDON POINT OF IMPACT: 2 LIC#: STATE: VIN: WAUDH74F76N158765 BODY COLOR: BLACK MILEAGE: 22,200 CONDITION: ACCTNG CTL#: *=USER-ENTERED VALUE EC=REPLACE ECONOMY UM=REMAN/REBUILT PRT OE=REPLACE PXN OE SRPLS TE=PARTL REPL PRICE I=REPAIR TT=TWO-TONE N=ADDITIONAL LABOR AA=APPEAR ALLOWANCE E=REPLACE OEM UE=REPLACE OE SURPLUS EU=REPLACE SALVAGE PC=PXN RECONDITIONED ET=PARTL REPL LABOR L=REFINISH CG=CHIPGUARD RI=R&I ASSEMBLY RP=RELATED PRIOR 2006 AUDI A6 3.2 QUATTRO 4DOOR SEDAN CODE: 68533A/B OPTNS T/24HN OPTIONS: TWO-STAGE - EXTERIOR SURFACES 4-WHEEL DRIVE NG=REPLACE NAGS UC=RECONDITIONED PRT EP=REPLACE PXN PM=PXN REMAN/REBUILT IT=PARTIAL REPAIR BR=BLEND REFINISH SB=SUBLET P=CHECK UP=UNRELATED PRIOR 6CYL GASOLINE 3.2 TWO-STAGE - INTERIOR SURFACES TIRE PRESSURE WRNG INDICATOR OP -- GDE MC --- -- DESCRIPTION ---- MFG.PART N0. PRICE E 0006 ------- COVER, FRONT BUMPER ------------ 4F0807105DGRU ----- 563.22 L 0006 13 COVER, FRONT BUMPER REFINISH 2.6 SURFACE 0.6 TWO STAGE SETUP 0.5 TWO STAGE E 0368 MLDG,FRONT BUMPER RT 4F08530662ZZ 65.83 E 0011 GRILLE,FRT BUMPER L RT 4F0807682AO1C 14.85 E 0158 SKIRT,INNER FENDER RT 4F0821134H 197.20 E 0861 Ol COVER,ENGINE FRONT 4F0863821E 251.28 6 ITEMS AJo Bo HOURS R 2.7 1 3.7 4 INC 1 INC 1 0.4 I 0.3 2 PAGE 1 11/05/08 2006~AUDI A6 3.2 QUATTRO 4DOOR SEDAN CD LOG NO 49574-1 MC MESSAGE(S) O1 CALL DEALER FOR EXACT PART NUMBER / PRICE 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES GROSS PARTS 1,092.38 PAINT MATERIAL 118.40 PARTS & MATERIAL TOTAL 1,210.78 TAX ON PARTS @ 7.000° 76.47 LABOR 1-SHEET METAL 2-MECH/ELEC 3-FRAME 4-REFINISH 5-PAINT MATERIAL LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TOWING STORAGE RATE REPLACE HRS 52.00 3.1 70.00 0.3 54.00 52.00 3.7 32.00 REPAIR HRS 161.20 21.00 GROSS TOTAL NET TOTAL SHOPLINK U3879 ES CD LOG PXN: Y/00/00/00/00/00 CUM HOST LOG 192.40 374.60 7.OOOo 26.22 UU ~~ C~y~ ~~~-- z ~`~ 1, 688.07 ~ ~ ~~ `~~ 1, 688.07 49574-1 DATE 11/05/08 11:06:OlAM R6.37 CD 10/08 00/00/00/00/00 GEOCODE 52806 (C) 1998 - 2008 AUDATEX NORTH AMERICA, INC. 1.1 HRS WERE ADDED TO THIS EST. BASED ON AUDATEX TWO-STAGE REFINISH FORMULA. -------------------------------------------------------------------------- THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THESE PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. ORIGINAL EQUIPMENT MANUFACTURED PARTS WARRANTED FOR 1 YEAR OR THE REMAINDER OF THE VEHICLES LIMITED WARRANTY. PAINT WARRANTED BY DUPONT AGAINST MANUFACTURER DEFECTS AS LONG AS YOU OWN YOUR VEHICLE WORKMANSHIP ON THE ESTIMATED REPAIRS ARE WARRANTED AS LONG AS YOU OWN THE VEHICLE. ALTHOUGH THIS ESTIMATE HAS BEEN PREPARED AS ACCURATELY AS POSSIBLE, ADDITIONAL COSTS MAY ARISE BECAUSE OF HIDDEN DAMAGE, MISSED DAMAGE, PARTS PRICE INCREASES, LABOR COSTS, LABOR RATE INCREASES, OR UNFORESEEN CIRCUMSTANCES LUJACKS HAS NO CONTROL OVER. SORRY, WE CANNOT WARRANTY ANY RUST REPAIRS PERFORMED TO YOUR VEHICLE UNDER ANY CIRCUMSTANCES. THIS ESTIMATE IS VALID FOR 30 DAYS FROM DATE OF INSPECTION. PAGE 2 11/05/08 v Date: 11/ 3/2008 01:16 PM Estimate ID: E8814 Estimate Version: 0 Preliminary Profile ID: Mitchell KRUSE-WARTHAN Nissan, Pontiac, BMW 600 Century Drive, Dubuque, IA 52002 (563)583-7345 Fax: (563) 588-3874 Tax ID: 420655341 Damage Assessed By: GAYLE PURMAN Deductible: 0.00 Claim Number: DRIVE UP Insured: GORDY & CAROL MILLS Address: 755 MT CARMEL RD, DUBUQUE, IA 52003 Telephone: Work Phone: (563) 663-5445 Home Phone: (563) 588-2198 Mitchell Service: 910359 Description: 2006 Audi A6 Quattro Body Style: 4D Sed Drive Train: 3.2L Inj 6 Cyl 6A AWD VIN: WAUDH74F76N158765 Line Item Entry Labor Number Type Operation Line Item Description Part Typel Part Number Dollar Amount Labor Units 1 AUTO BDY OVERHAUL FRT BUMPER COVER ASSY 3.2 # 2 003563 BDY REMOVElREPLACE FRT BUMPER COVER ASSY 4F0 807 105 L GRU 607.38 INC # 3 AUTO REF REFINISH FRT BUMPER COVER C 2.0 4 000045 BDY REMOVE/REPLACE FRT BUMPER NUT SEO 805 960 2.75 INC 5 000031 BDY REMOVEIREPLACE R FRT BUMPER COVER GRILLE 4F0 807 682 D 01C 46.60 INC 6 002640 BDY REMOVE/INSTALL R FRT COMBINATION LAMP 0.3 # 7 002641 BDY REMOVE/INSTALL L FRT COMBINATION LAMP 0.3 # 8 000119 BDY REMOVElREPLACE R FRT FOG LAMP ASSEMBLY 4F0 941 700 101.22 INC # 9 000308 BDY REMOVEIREPLACE R FENDER LINER ORDER FROM DEALER 197.20 0.5 10 000772 BDY REMOVEIREPLACE ENGINE UNDER COVER ORDER FROM DEALER 251.28 INC 11 004110 BDY REMOVE/REPLACE ENGINE CLIP 4A0 805 121 A 2.75 12 AUTO REF ADD'L OPR CLEAR COAT 0.8* 13 AUTO ADD'L COST PAINT/MATERIALS 89.60 * 14 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 3.50 * -Judgment Item # -Labor Note Applies C -Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 11/03/2008 13:16:08 E8814 Mitchell Data Version: OCT_08_A UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2008 Mitchell International UltraMate Version: 6.7.016 All Rights Reserved Page 1 of 2 Date: 111 312008 01:16 PM Estimate ID: E8814 Estimate Version: 0 Preliminary Profile ID: Mitchell Estimate Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 4.3 55.00 0.00 0.00 236.50 T Taxable Parts 1,209.18 Refinish 2.8 55.00 0.00 0.00 154.00 T Sales Tax @ 7.000% 84.64 Taxable Labor 390.50 Total Replacement Parts Amount 1,293.82 Labor Tax @ 7.000 % 27.34 Labor Summary 7.1 417.84 III. Additional Costs Amount IV. Adjustments Amount Non-Taxable Costs 93.10 Insurance Deductible 0.00 Total Additional Costs 93.10 Customer Responsibility 0.00 I. Total Labor: 417.84 II. Total Replacement Parts: 1,293.82 III. Total Additional Costs: 93.10 Gross Total: 1,804.76 IV. Total Adjustments: 0.00 Net Total: 1,804.76 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. THIS DAMAGE REPORT IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN OPENED UP. THE INSURANCE COMPANY WILL BE NOTIFIED. WE GUARANTEE OUR COLLISION REPAIR WORKMANSHIP FOR AS LONG AS YOU OWN YOUR VEHICLE. ACCIDENTS ARE A PAIN BUT WE MARE THE REPAIR A PLEASURE!!! ESTIMATE RECALL NUMBER: 11!03!2008 13:16:08 E8814 Mitchell Data Version: OCT_08_A UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2008 Mitchell International UltraMate Version: 6.7.016 All Rights Reserved Page 2 of 2