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
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JOB NO.
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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 - •
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PAGE 05/05
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NAME
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JOB NAME 1
WEATHER .
EMPLOYEES
DATE
FOREMAN
MATERIALS RECEIVED SUPPLIER QTY DESCRIPTION- MATERIALS INSTALLED CTY UNIT S AMOUNT
EXTRA DESCRIPTION & MATERIALS USED
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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