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Claim Response Kotz, DoloresBARRY A. LINDAHL, Es~- Co I~PoKATi 0I'; CouNSEk MEMO Date: Mayor Terrance M~ Duggan and members of the City Council January 25, 2001 Dolores M. Kotz Claim Claimant Dolores M. Kotz Date of Claim Date of Loss 9/25100 9/13/00 Nature of Claim Reimbursement of expenses This is a claim for reimbursement of Roto-Rooter expenses incurred by the claimant as a result of a sewer backup at her home on Burden Avenue. According to the report-of M~. Gus Psihoyos,'Assistant City Engineer, this dlaim relates to a project that was done by .Tschiggfrie Excavating Company under contract to the City. This contract calls fo~ the contractor to hold the City harmless from ia-ny claims.of damage '=e.sulting ~from that work. This. claim, t~erefore, has been forwarded to Tschiggfrie Excavating Company for handling under its indemnity agreement with the City Df Dubuque. BAL/cg/Enclosure cc - Mr. Mike Koch cc - Mr. Gus Psihoyos cc - Ms. Dolores M. Kotz cc - Tschiggfrie Excavating Company 196 CYCABg pLAZA DUBUQUE IOWA 52001 TgLE 319 583-4t~5 FAX 319 583-1040 e-malt b/~lesq(~mw¢{.net TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 20, 2000 Carol A. Gulick, Legal Department Gus Psihoyos, Assistant City Engineer~ Claim of Ms. Delores M. Kotz (2929 Burden Avenue) This claim relates to the PC Concrete Paving Project - No. 2 (Burden/North Burden Streets) that. was done by Tschiggfrie Excavating Company. The 'contract called for the standard form of contracts and bonds with the City, which require the contractor to hold the City harmless from any claims of damage resulting from the work. This claim involves a lateral that was apparently PlUgged with mud. A sanitary manhole was replaced as part Of the Burden project in the vicinity of this property (2929 Burden. Avenue) 'on July 27, 2000. The sewer problem of the above-mer~tioned property was on September 13, 2000; therefore, we do not know if it is related to the manhole reconstruction. (Please note attached map.) Therefore, it is the recommendation of the City Engineering Division that this claim for damages be forwarded to Tschiggfrie Excavating Company for further consideration/processing. If you have any questions and/or need further assistance, please call me at 589-4270. GP/vjd cc: Michael A. Koch, Public Works Director Attach. 02909 . ~ . 02912 730 · - Burden Street -Sheet DescriptJo~ 720 C~TFZGE OP G[i~f ENGINEER DUBUQUE, IOWA