Fiber Optic Conduit Damage Claim Settlement_Tschggfrie Copyrighted
September 4, 2018
City of Dubuque Consent Items # 18.
ITEM TITLE: Fiber Optic Conduit Damage Claim Settlement with
Tschiggfrie Excavating Co.
SUMMARY: Senior Counsel recommending approval of a settlement
offer regarding a claim that the City has made against
Tschiggfrie Excavating Co., for damage to a fiber conduit
and fiber optic cable at US 61 and Olde Davenport Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
THECITY OF
DUB E MEMORANDUM
Mnsterpiew on the Mississippi
BARRY LIN � AH ,
SENIOR COUN EL
To: Mayor Roy D. Buol and
Members of the City Council
Daiet August28, 2018
Re: Settlement Regarding Damage to City of Dubuque Fiber Optic Conduit
and Fiber Optic Cable at US 61 and Olde Davenport Road
The purpose of this Memorandum is to recommend approving a settlement offer
regarding a claim that the City has made against Tschiggfrie Excavating Co. for damage
to a fiber conduit and fiber optic cable at US 61 and Olde Davenport Road.
On June 22, 2017, City of Dubuque-owned fiber optic conduit and fber optic cable was
damaged in the area near the intersection of US 61 and Olde Davenport Road. The City
claims the damage was caused by a backhoe operated by a Tschiggfrie Excavating Co.
employee. The City claims the backhoe caused a break in the fiber optic conduit and
fiber optic cable. The total cost of the damage is $19,004.13. Tschiggfrie's insurer,
Selective Insurance, has offered to settle [his claim for $17,488.84.
I recommend accepting the $17,488.84 settlement proposal. The Ciry Manager agrees
with this recommendation.
BALtls
cc: Michael C. Van Milligen, City Manager
Chris Kohlmann, Information Services Manager
Bob Schiesl, Assistant City Engineer
Dave Ness, Civil Engineer II
Jean Nachtman, Finance Director
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OFFlCE OF THE QTY ATTORNEY DUBUQUE, IOWA
SUITE 330. HaRaoe View P�qCE, 300 MniN Sraeer DUBUQUE, IA 52001-6944
Te�eanon�e (583) 583�113/FAx (563) 583-10401 EMai� balesq@cityofdubuque-org