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Claim by Claims Managment Resources_QwestTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and and Members of the City Council DATE: March 15, 2008 RE: Claim Against the City of Dubuque by Claims Management Resources on behalf of Qwest Claimant Date of Claim Date of Loss Nature of Claim Claims Resources Management 03/07/08 02/20/08 Property Damage This is a claim in which the claimant alleges that the City of Dubuque Water Department damaged a Qwest 50 pair buried cable with a backhoe during water excavation in the area of 400 Julien Dubuque Drive. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Bob Green, Water Department Manager Holly Finley, Claims Management Resources OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org ' I 615 N Clasen Blvd. Oklahoma City OK 73106 (800)421-2153 (405)606-8200 fax 290-2015 www.cmrclaims.com C CVRIN~ R .MRNRfifiM6NT RfifiCVRCfifi *****NOTICE OF CLAIM***** CMR Claims Management Resources ©`~ a3• ~7 Date: 02-21-2008 ~ C7 ~ ~~ ~ CERTIFIED MAIL, RETURN RECEIPT REQUESTED -~ ~ ''~ ~ To: CITY OF DUBUQUE ~ d ~ ~ CITY CLERK ~ ~ FIRST FLOOR CITY HALL ~ ~ 50 W 13TH STREET DUBUQUE , IA 52001 CERTIFIED MAIL# 91 7108 2133 3934 8303 9050 RE: Damage to Qwest Property Qwest Claim Num: 441380 Damage/Discovery Date: 02-20-2008 Damage Location: 400 JULIEN DBQ DRIVE, DUBUQUE, IA Damage County: Damage Amount: UNDETERMINED ~I Dear Sir/Madam: Please be advised that Qwest Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of CITY OF DUBUQUE . Investigation has revealed that on or about 02-20-2008 employees or agents of CITY OF DUBUQUE, CITY OF DUBUQUE WATER DEPARTMENT DAMAGED A QWEST 50 PAIR BURIED CABLE WITH A BACKHOE DURING WATER EXCAVATION in the area of 400 JULIEN DBQ DRIVE, DUBUQUE, IA. REQUEST FOR GOVERNMENTAL NOTICE FORM If your Governmental Entity requires the completion of its own forth to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper office and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on information and belief this pleader believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the insurance company, its address and the claim number assigned. If you have any questions, or need additional information, please contact me ~a~~tttllllff u~r~~~i 1-800-321-4158 ext 8273. ~``~~`~G~~~'TAG!~~~cr~~' ~. ~:: ~,o Ry••• - #06011463 - Holly Finley 1 CMR Claims-DEPT NOTARY Commission 615 N Clasen Blvd. Oklahoma City OK 73106 (800)421-2153 (405)606-8200 fax 290-2015 www.cmrclaims.com i ~j C RIMS R .MRNR3HMHNT RESOVROES *****NOTICE OF CLAIM***** Date: 02-•21-2008 CERTIFIED MAIL, RETURN RECEIPT REQUESTED To: CITY OF DUBUQUE WATER DEPARTMENT WATER DEPARTMENT MANAGER 1902 HAWTHORNS DUBUQUE, IA 52001 CERTIFIED MAIL# 91 7108 2133 3934 8303 9067 RE: Damage to Qwest Property Qwest Claim Num: 441380 Damage/Discovery Date: 02-20-2008 Damage Location: 400 JULIEN DBQ DRIVE, DUBUQUE, IA Damage County: Damage Amount: UNDETERMINED Dear Sir/Madam: I Please be advised that Qwest Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of CITY OF DUBUQUE WATER DEPARTMENT . investigation has revealed that on or about 02-20-2008 employees or agents of CITY OF DUBUQUE WATER DEPARTMENT, CITY OF DUBUQUE WATER DEPARTMENT DAMAGED A QWEST 50 PAIR BURIED CABLE WITH A BACKHOE DURING WATER EXCAVATION in the area of 400 JULIEN DBQ DRIVE, DUBUQUE, IA. REQUEST FOR GOVERNMENTAL NOTICE FORM If yoar Governmental Entity requires the completion of its own form to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper office and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on information and belief this pleader believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the insurance company, its address and the claim number assigned. If you have any questions, or need additional information, please contact me ~ti`~uutlllfrf-u~~v 1-800-321-4158 ext 8273. `````~~\G~~1.E GIV~~i,~~, ,,, : _ #06011463 _ Sincerely, ~ _ ~p.11128110 e Holly Finle ;` gQ` 1 NOTARY ~~~'~ OF .o~~P``.~` ~i~~in n I u-a~~~ CMR Claims DEPT Commission Expires QWEST ~ ~ PAGE 1 OF 2 IA ACCOUNT N0: IA BF441380 INVOICE N0: A067238- INVOICE DATE: 02-25-2008 PREVIOUS BALANCE - PAYMENTS + CURRENT CHARGES + LATE CHARGE ~ NEW BALANCE AMOUNT- DUE PAYMENT DUE DATE .00 .00 767.91 .00 767.91 767.91 UPON RECEIPT DAMAGE DETAIL 50 PAIR BURIED CABLE - WATER EXCAVATION DATE OF DAMAGE: 02/20/08 CABLE LOCATE WAS ACCURATE LOCATION 400 JULIEN DUBQUE DR, DUBUQUE IA Damage Claim No: 0441380 Mail correspondence to: Qwest Claims 615 N. CLASSEN, OKLAHOMA CITY, OK 73106 Contact your homeowner/business/auto liability insurance for coverage. To pay via check by phone, please call 8003214158 ---------------------- Detail of Current Charges --------------------- Labor Hours: 4.00 Regular Hours ~ Material Costs: 2.00 EA CLOSURE, XAGA 1650A 66.18 1.00 EA CLOSURE, ENCAPSULATION GS3 SINGLE A S 35.04 4.00 EA CONNECTOR, U710-SC1-25 10.16 4.00 FT TAPE, ALUMINUM 4 IN 2.32 2.00 FT TAPE, DR 3/4 IN X 15 FT 0.32 CONTINUED ON NEXT PAGE... _ ---------------------------------------------------------------------------------------------- Return this portion with your payment - please write the invoice ~k on.your check.. ACCOUNT NOs IA BF441380 INVOICE DATE: 02-25-2008 P INVOICE N0: A067238- 629922 11902195 AMOUNT ENCLOSED: RETURN PAYMENT T0: QWEST CORPORATION CITY OF DUBUQUE P.O. BOX 2348 50 W 13TH ST SEATTLE, WA 98111 2348 DUBUQUE, IA 52001-0000 92629922IA/BF441380A067238022520080D000OD7679103USWC/ ~l~/ e $ t. ~ "'~~-~ PAGE 2 OF 2 IA Q ACCOUNT N0: IA BF441380 INVOICE N0: A067238- INVOICE DATE: 02-25-2008 Miscellaneous Costs: ADMINISTRATIVE LABOR COST 195.00 DIRECT ADMINISTRATIVE COST 52.38 Vehicle Hours: 4.00 Hours HEAVY-TRUCK W/LIFT SUMMARY OF CURRENT CHARGES HEAVY TRUCK WITH AERIAL LIFT MISCELLANEOUS COSTS MATERIAL LABOR - REGULAR HOURS S CHARGES TOTAL CURRENT CHARGES S 172.40 247.38 114.02 234.11 767.91 IF YOU HAVE ANY QUESTIONS, PLEASE CALL (800) 321-4158