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Claim Response Beyer, PaulBARRY A. LINDAHL, ~Es~t]- CORPORATION COUNS[.EL, CITY OF DUBUQUE MEMO To: DATE: RE: Claimant Paul Beyer Mayor Terrance M. Duggan and Members of the City Council October 16, 2002 Claim Against the City By Paul Beyer Date of Claim Date of Loss 10/09/02 07/15 - 09/15/02 Nature of Claim Property Damage This is a claim in which claimant states that while the sewer was being replaced during the White Street Reconstruction Project, the north side of the ddveway located at 2676 White Street was broken and slightly displaced. According to the report of Mike Koch, Public Works Director, this claim relates to the White Street Reconstruction Project that is being done by WC Stewart Construction, Inc. 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. It is therefore the recommendation of Mike Koch to deny this claim, and to forward it to WC Stewart Construction, Inc. for its investigation. The Legal Department concurs with this recommendation. BALAIs Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Mike Koch, Public Works Director Paul Beyer SUITE 330, HARBOR VIEW PLACE, 300 MA~N STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET ,. OC~T. 15. 2002 11:01AM CITY OF DBQ-EliG D!V NO. 5212 CITY OF DUBUQUE, IOWA . MEMORANDUM October 16, 2002 TO: FROM: SUBJECT: Tracey Stecklein, Legal Department Michael A. Koch, Public Works Director . Claim/~gainst the City of Dubuque by Paul Beyer This claim relates to the White Street Reconstruction Project that is being done by WC Stewart Construction, Inc, The contract called for the standard form of contracts and bonds with the City, which require the contra, ctor to hold the City harmless from any claims of damage resulting from the work; Therefore, it is the recommendation of the City Engineering Division that this claim for damages be forwarded to WC Stewart Construction, Inc. for further consideration/processing. If you have any questions and/or need further assistance, please call me at (563) 589-4270. MAK/vjd cc: Gus Psihoyos, Assistant City Engineer Michael Felderman, Civil Engineer Attach.