Loading...
Claim by Tschiggfrie Excavating Companyr 1 /`i v) CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional infomnation that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13 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 Tschiggfrie Excavating Co 425 Julien Dubuque Dr Dubuque, Iowa 52003 2. Address: 3. Telephone Number: (563) 557 - 7450 4. Date of Incident 8/19/09 5. Time of Incident Approx 10:00 AM Locust Street & 11th Street Intersection 6. Location of Incident (Be specific): Middle of Intersection (See Photos) 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. tf a City employee was involved, give the employee's name.) See Attached 8. What were weather conditions like? Sunny Sumner Day See Attached 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) N/A 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) No 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.) See Attached See Attached 13. What other damages do you claim, if any? 14. Have you been compensa for any part or all of your daim by any insurance company? (If so, give name and address of insurance company and amount paid.) $11,626.24 15. What amount do you daim from the City of Dubuque? See Attached 16. Why do you daim the City of Dubuque is responsible? 17. Have you made any daim 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? N/A (Signature) Randy Steffen (Print Name) No No January 2010 7. Describe the accident or occurrence that caused injury or damage. Tschiggfrie Excavating is the prime contractor the Locust Street Reconstruction project. Our subcontractor, Iowa Base Milling, was milling off the asphalt as required per contract. During this process the milling machine grinds asphalt off the street and places it on truck to haul away to be recycled. Iowa Base Milling performing their work when the road gave way causing a sinkhole in the street and the milling machine to fall into a old city storm sewer. 9. Give name and address of any witnesses. Bob Diers Bruce Payne Mitch Kirby Adam Clausen Jeff Burr Jesse Simon Bob Schroeder 6 Tschiggfrie Truck Drivers 4 USA Staffing Flaggers City Employees /Inspectors Hugh McCarron, Greg Doeden, John Dienst Iowa Base Employees — Peter Simon Owner 12.Was any damages done to property? The city of Dubuque paid Tschiggfrie to do the repair to the storm sewer, but the damage to the Qwest telephone line that was damaged at that time was not resolved. The city tried to communicate with Qwest to adjust the bill but the bill to Tschiggfrie and was paid in full by Tschiggfrie. The phone line was damaged as a result of the road/storm sewer failure, showed up after the storm sewer was repaired. 13. What other damages do you claim? Tschiggfrie is claiming damages for downtime for the crew while the milling machine was being removed for the area that it fell through the old city storm sewer. Also claiming damages suffered by the subcontractor, crane bill for lifting out milling machine and downtime on their machine. Damages for additional Traffic Control for an emergency traffic detour lasting for 2 weeks. 16. Why do you claim the City of Dubuque is responsible? Tschiggfrie Excavating was under contract to perform a service for the city of Dubuque. We were working on City property under the direction of the City and a failure occurred in another piece of City property causing Tschiggfrie and our subcontractor a loss. This claim is being filed under the direction of the City of Dubuque Engineering Department. Tschiggfrie Excavating was under the understanding that everything was going to be handled through a change order to cover the cost of the damages. The City paid for the cost of the repair to the storm sewer, but would not include the cost of downtime or damages to the Qwest line. The City engineering department instructed us to file this claim against the City insurance. This loss happened in August 2009 and the change order is just being processed now in January 2010. Down Time for crew Tschiggfrie's Costs Machine Hrs Rate Total Superintendent 1.00 $ 68.00 $ 68.00 279 Cat Skidloader 3.00 $ 128.00 $ 384.00 277 Cat Skidloader /Broom 3.00 $ 128.00 $ 384.00 Labor 9.00 $ 60.00 $ 540.00 Trucks 18.00 $ 85.00 $ 1,530.00 Flaggers 12.00 $ 57.00 $ 684.00 Iowa Based Milling's Costs Milling Machine Crane 2.50 718.75 $ 1,796.88 1.00 569.25 $ 569.25 $ 5,956.13 Qwest Repair Time Superintendent 1.00 $ 68.00 $ 68.00 160 Case Hoe 2.00 $ 130.00 $ 260.00 305 Cat Mini Hoe 2.00 $ 120.00 $ 240.00 Labor 3.00 $ 63.00 $ 189.00 Trucks 2.00 $ 85.00 $ 170.00 Qwest Repair 1.00 LS $ 4,455.61 LS $ 4,455.61 Selco 1.00 $ 287.50 $ 287.50 Down Time Bill Qwest Repair Bill $ 5,670.11 $5,956.13 $5,670.11 Total Claim $11,626.24 NAME SUPPLIER `•n DESCRIPTION- MATERIALS INST LL HOURS MACHINE /LABOR DESCRIPTION OF WORK DONE 7 ,' Z7 $ �- (.144.“, 4 /a h -- iE= /Ga / . je, • 6 3 c 34,- _- ? 4r IL' 11 AL ‘ c# G0 j% �--- 24 ? sKcc hr M _ 1013111911EMINIIIIIIIII III 2,.. ti e $ Z iv- II, III 1 111 r • MS EXTRA WORK T EXTRA DESCRIPTION & ATERIALS USED MATERIALS RECEIVED SUPPLIER `•n DESCRIPTION- MATERIALS INST LL CTY UNIT S AMOUNT 4 _ , _ . • 6 3 c 34,- _- ? 4r IL' 2.77 &L 3 iv- 24 ? sKcc hr M _ 1013111911EMINIIIIIIIII III 2,.. ti e $ Z iv- II, III 1 111 r • MS EXTRA WORK EXTRA DESCRIPTION & ATERIALS USED MACH. HOURS Laborer O . rator Truck Driver JOB NO. LOCATIO■ TSCHIGGFRIE EXCAVATING - DAILY REPORT JOB NAME 6.%V- WEATHER EMPLOYEES DATE ,, /7 FOREMAN DATE: 1Z /Z6 Jo TO: 6C D>bliot=fi COMPANY: ( a f 1�. ✓�-- FROM: NUMBER OF PAGES: (INCLUDING COVER PAGE) MESSAGE: TSCHIGGFRIE EXCAVATING 425 JULIEN DUBUQUE DRIVE PHONE 563 557 -7450 - FAX 563557 -7585 DUBUQUE, IOWA 52003 FAX COVER SHEET 11 3we. Main A.).) L oc.)-Li s- �'���• Cami i IF THIS FAX IS UNREADABLE OR IF YOU HAVE ANY QUESTIONS, PLEASE CALL (563) 557 -7450. 09/11/2009 07:45 5635851686 Zowa Based Milling, lie 5251/2 E 19th Street Dubuque, IA 52001 Voice: 563-495-1928 fax: 563 -585 -1686 Bill To Tschiggfrie Excavating, Inc 425 Julien Dubuque Drive Dubuque, IA 52003 Customer ID Customer PO Tschiggfrie Excavati Quantity Description SOB DESCRIPTION: Locust Street Service on 8/19/09 - 1.00 - Crane Charge' For Lifting Milling Machine Out Of Hole 2.50 - 2 1/2 Hrs - Machine & Crew Down Time From Road Collapsing A -1 CRANE RENTAL PAGE 03/05 Unit Price 495,00 625.00 Thank You For Your Business!! INVOICE Invoice Number :116 Invoice Date: Sep 10, 2009 Page: 1 Payment Terms Net 30 Days TOTAL $ 2,057.50 Amount Quantity Description Unit Price Extension 3.00 JOB DESCRIPTION: Locust Crane Service on 8/19N9 - 50 Ton Crane - Hr - (min charge) LIfting Milling Machine Out Of Hole 165.00 495.00 Customer PO Payment Terms Due Date Sales Rep ID Net 30 Days 9/23/09 09/11/2009 07:45 5635851686 A -1 CRANE RENTAL & MACHINERY MOVING, INC. 525 E 19TH STREET DUBUQUE, IA 52001 Phone: 563- 583 -5735 Fax: 563-585 -1686 Sold To; Iowa Based Milling, LLC 12522 Heisler Road Farley, IA 52048 A -1 CRANE RENTAL PAGE 04/05 Invoice Invoice Number: 4355 Invoice Date: Aug 24, 2009 Page: TOTAL 495.00 THANK YOU! WE APPRECIATE YOUR BUSINESS! Payment Terms - Net 30 days. Overdue invoice is sub'eat to finance charges at 1 1/2% per month (A.P.R. - 18%) and all collection costs, lndudhg reasonable ettomeys fees Z5/11/2009 07:45 5635851 A-1 CRANE RENTAL & MACHINERY MOVING, INC. 525 E 19th Street Dubuque, Iowa 52001 Intone (563) 583-5735 Fax (563) 585-1686 Received by RENTAL A-1 CRANE " • . • ._, . . WORK ORDER Tax rtnnits Total Amount $ White Copy - Office Yellow Corw - • ••■••■■••■••■■••■■•■■••■•■•■■•■••■■•■ PAGE 05/05 • NAME MACH. MACHINE/LABOR DESCRIPTION OF WO • K DONE ^ HOURS D C�► jd. . ` • • Operator IA C ) °�\ N rw''', Truck Driver I, 91�, _S 6 e0 - `bLbp-c-i ;) .. { i J ■�(X.) — 1 a �(3k) —q1,3 a &sc. [ce0 OW Z I -J -.9—o} ZAhr - fi c,` z2 —�`�O `(o — \ c ' A - s JOB NO LOCATION EXTRA WORK TSCHIGGFRIE EXCAVATING — DAILY REPORT JOB NAME 1 WEATHER . EMPLOYEES DATE FOREMAN MATERIALS RECEIVED SUPPLIER QTY DESCRIPTION- MATERIALS INSTALLED CTY UNIT S AMOUNT EXTRA DESCRIPTION & MATERIALS USED MACH. HOURS 4�V\-- (�. ,AZ( , - e/ Laborer � , ; - Operator IA C ) °�\ N rw''', Truck Driver I, { i J &sc. [ce0 OW Z I -J -.9—o} ZAhr - JOB NO LOCATION EXTRA WORK TSCHIGGFRIE EXCAVATING — DAILY REPORT JOB NAME 1 WEATHER . EMPLOYEES DATE FOREMAN MATERIALS RECEIVED SUPPLIER QTY DESCRIPTION- MATERIALS INSTALLED CTY UNIT S AMOUNT EXTRA DESCRIPTION & MATERIALS USED PREVIOUS BALANCE - PAYMENTS T + CURRENT CHARGES + LATE CHARGE . CfE.... = NEW BALANCE AMOUNT DUE PAYMENT DUE DATE .00 .00 3,874.44 .00 3,874.44 3,874.44 UPON RECEIPT Qwe ACCOUNT NO: IA BF478975 INVOICE DATE: 09 - 11 -2009 DAMAGE DETAIL : 400 PAIR UNDERGROUND CABLE - HIGHWAY /STREET EXCAVATION DATE OF DAMAGE: 08/28/09 CABLE LOCATE WAS ACCURATE LOCATION : 11TH & BLUFF ST, DUBUQUE IA Damage Claim No: 0478975 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 Labor Hours: 30.00 Overtime Hours 4.00 Regular Hours Detail of Current Charges Material Costs: 8.00 FT CABLE, 50 PAIR ANMW -24 GUAGE 6.64 Miscellaneous Costs: ADMINISTRATIVE LABOR COST DIRECT ADMINISTRATIVE COST CONTINUED ON NEXT PAGE... Return this portion with your•paynent - please write the invoice * on your check. ACCOUNT NO: IA BF478975 INVOICE NO: A138344- INVOICE DATE: 09 -11 -2009 RETURN PAYMENT TO: QWEST CORPORATION P.O. BOX 2348 SEATTLE, WA 98111 INVOICE NO: A138344- PAGE 1 OF 2 IA 195.00 334.48 662660 11902195 AMOUNT ENCLOSED: TSCHIGGFRIE EXCAVATING 425 JULIEN DUBUQUE DR DUBUQUE, IA 52003 -0000 92662660IA/ BF478975A13834409112UQ910 000038744405USWC/ .. :. :,. 87...:.:. •::•:::. . CfE.... Qwe ACCOUNT NO: IA BF478975 INVOICE DATE: 09 - 11 -2009 DAMAGE DETAIL : 400 PAIR UNDERGROUND CABLE - HIGHWAY /STREET EXCAVATION DATE OF DAMAGE: 08/28/09 CABLE LOCATE WAS ACCURATE LOCATION : 11TH & BLUFF ST, DUBUQUE IA Damage Claim No: 0478975 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 Labor Hours: 30.00 Overtime Hours 4.00 Regular Hours Detail of Current Charges Material Costs: 8.00 FT CABLE, 50 PAIR ANMW -24 GUAGE 6.64 Miscellaneous Costs: ADMINISTRATIVE LABOR COST DIRECT ADMINISTRATIVE COST CONTINUED ON NEXT PAGE... Return this portion with your•paynent - please write the invoice * on your check. ACCOUNT NO: IA BF478975 INVOICE NO: A138344- INVOICE DATE: 09 -11 -2009 RETURN PAYMENT TO: QWEST CORPORATION P.O. BOX 2348 SEATTLE, WA 98111 INVOICE NO: A138344- PAGE 1 OF 2 IA 195.00 334.48 662660 11902195 AMOUNT ENCLOSED: TSCHIGGFRIE EXCAVATING 425 JULIEN DUBUQUE DR DUBUQUE, IA 52003 -0000 92662660IA/ BF478975A13834409112UQ910 000038744405USWC/ Qwest. ro ACCOUNT NO: •IA BF478975 INVOICE DATE: 09- 11-2009 Vehicle Hours: ' 6.00 Hours MEDIUM TRUCK 14.00 Hours MEDIUM TRUCK W /EQUIP 6.00 Hours MEDIUM TRUCK W /EQUIP INVOICE NO: A138344- SUMMARY OF CURRENT CHARGES PAGE 2 OF 2 CHARGES MEDIUM TRUCK S 83.134 t'fEDIUM TRUCK WITH EQUIPMENT 944.00 MISCELLANEOUS COSTS 529.48 MATERIAL 6,64 LABOR - OVERTIME HOURS 2,095.67 LABOR - REGULAR HOURS 215.61 IF YOU HAVE ANY QUESTIONS, PLEASE CALL (800) 321 -4158 TOTAL CURRENT CHARGES S 3,874.44 IA DATE INVOICE # 9/14/2009 47518 SELCO, Inc 15 South Main Street Dubuque, IA 52003 563/556 -2434 BILL TO IN 4. 'po n d Tschiggfrie Excavating 425 Julien Dubuque Dr Dubuque, IA 52003 Total Invoice $250.00 P.O. NO. TERMS LOCATION PROJECT Net 30 Locust Street ITEM DES.CRIPTIO RENTAL PER QTY RENTAL PRI... AMOUNT PT003 Thank You. Sales Tax .e,c," Tr.)_- fgt- Sew. R' T 09/11 -09/14 i ,i,. L (L - 5 50.00 „----,., 250.00 0.00 2. 6 s sv... SELCO, Inc 15 South Main Street Dubuque, IA 52003 563/556 -2434 BILL TO IN 4. 'po n d Tschiggfrie Excavating 425 Julien Dubuque Dr Dubuque, IA 52003 Total Invoice $250.00