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Claim Response Dbq Storage & TrBARRY A. LINDAHL, · CORPORATION COUN f DUBUQUE MEMO To: DATE: RE: Mayor Terrance M. Duggan and Members of the City Council February 2, 2004 Claim Against the City of Dubuque by Dubuque Storage & Transfer Co. Claimant Dubuque Storage &. Transfer Co. Date of Claim 01/27/04 Date of Loss 1999 (During the construction of Heritage Trail) Nature of Claim Property Damage This is a claim in which the claimant alleges that claimant's monitoring wells, located along the Hedtage Trail between Liebe and 30th Streets, were damaged during the construction of the Heritage Trail. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Michael Koch, Public Works Director Dubuque Storage & Transfer Co. SUITE 330, HARBORVIEW PLACE, 300 MA~N STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org BARRY A. LINDAHL, I~'~. CORPORATION COUNSfL, CITY OF MEMO DUBUQUE To: DATE: RE: Mayor Terrance M. Duggan and Members of the City Council February 2, 2004 Claim Against the City of Dubuque by Dubuque Storage & Transfer Co. Claimant Date of Claim Date of Loss Nature of Claim Dubuque Storage &, Transfer Co. 01/27104 1999 (Dudng the construction of Heritage Trail) Property Damage This is a claim in which the claimant alleges that claimant's monitoring wells, located along the Heritage Trail between Liebe and 30th Streets, were damaged during the construction of the Hedtage Trail. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Michael Koch, Public Works Director Dubuque Storage & Transfer Co. SUITE 330, HARBOR VIEW PLACE, 300 MAiN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Bax'ry A. Lindahle Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main S~xeet Dubuque, Iowa 52001-6944 (563) 5834113 office (563) 583-1040 fax balesq@dtyofdubuque.org February 2, 2004 Patrick Tobin, Manager Dubuque Storage & Transfer Company 3040 Elm Street Dubuque, IA 52001 RE: Your Claim Against The City Of Dubuque Dear Mr. Tobin: The claim that you filed against the City of Dubuque on January 27, 2004, alleging that Dubuque Storage & Transfer Company's monitoring wells were damaged dudng the t999 construction of the Heritage Trail, has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. However, you had noted in No. 12 of ~the claimform (copy attached) that a report from GeoSourse was attached. I found no such report attached. I would appreciate it if you would forward a copy of this report to Public Entity Risk Services. I have enclosed an addressed envelope for your convenience. If you should have any questions regarding this matter, you may call them at (888) 520- 4074 (toll-free, but please allow 3-4 days for your claim to be received and reviewed), or you may write to them at: Claims Public Entity Risk Services of Iowa 5701 Greendale Road Johnston, Iowa 50131 Very sincerely, Tracey Stecklein Legal Department Enclosures Frank R. O'Connor Michael Koch, Public Works Director Public Entity Risk Services Barry A. Lindahl, Esq. Corpotalfion Counsel St~ite 330, Harbor View Place 300 Main Sb:eet Dubuque, Iowa 52001-6944 (563) 5834113 office (563) 583-1040 fax balesq~cityofdx~buqrte.org February 2, 2004 Mr. Frank Miller, Jr., Claims Manager Public Entity Risk Services 570! Greendale Road Johnston, Iowa 50131 RE: Claim Against the City of Dubuque By Dubuque Storage & Transfer Co., Filed By Manager, Patrick Tobin Dear Frank: Enclosed is a claim filed against the City of Dubuque on January 27 2004 by Dubuque Storage & Transfer Company. Claimant alleges that that claimant's monitoring wells, located along the Heritage Trail between Liebe and 30th Streets were damaged during the construction of the Heritage Trail. It is noted by claimant on No. 12 of claimform that a report from GeoSourse was attached. However, claimant did not attach such report, By letter dated February 2, 2004 addressed to claimant, I will ask for this report to be forwarded to you. If you have any questions regarding this claim, please contact Michael Koch, Public Works Director, to be contacted at (563) 569-4270. Very sincerely, Tracey Stecklein Legal Department Enclosures Frank R. O'Connor Michael Koch, Public Works Director Dubuque Storage & Transfer Company Service Pc~ple Integrity Responsibility [nnova~on Teamwork 1. Name of Claimant: CLAIM AGAINST THE CITY OF DUBUQUE,-IOWA This written report constitutes your claim against the City of Dubuque, Iowa. ~ Y~t~o~uld complete this form in full and attach any additional information that supports your claim, The Claim must be fil~d with. the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be refer-red by the City Council to the appropriate department for investigation. 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 WHETI'iER YOUR CLAIM WILL OR WILL NOT BE pAID. Dubuque 'StOrage & Transfer Co. 2. Address: 3040 Elm Street Dubuque, Iowa 52001 3. Telephone Number: (563). 1583:-7~i9 .4..Dateof Incident: during 1'999 .during C0'nstruc[~,~n Of Hweritage Trail 6~ L°Cationof-lnCident(Bespeciflc):''At°rig Heritage T~ail between Liobo ~ 30th sts. 7. DEscRIBE .ACCIDENT OR OCCURRENCE ·THAT cAUSED iNJURy 'OR DAMAGE, (Give full d~t~ils upon which you bas~ your clalm. .. If. a ~ employt~ w~.q involVc~:i, give the . Destruction of. monitoring. 'w~il~ ~.long l~eri'tage Trail durincg., cO~kruct~on' .'8. What were.weather conditions like? ' ~nknown. -. · 9. Give name and address o~ any W~tnesSes: 10. -Did Police investigate? (Ifso,~glve'names'0f officers-) 1'1 ~ Was anyone injured? (If so, give names~ addresses, and extent of injuries). 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.) Monitoring wells used for testing of possible contamination were destroyed- See attached report from GeoSourse, 109 West First Street, Monticello, Iowa 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim bY any insurance company?. (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? $-5,700 or a~tuai costs. 16. Wlny do you claim the city of Dubuque is responsible.~' amage done' by city employees or by .contracted firms employed· by ~'ity. Of Dubuque 17. Have YOu made any claim 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 YO% have you received any paYment fr°m that source, and if s°, in What amount?. ~ Dated at'Dubuque, I°Wa this (Print Name) (REV, 1/00 & 7/01)