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)