Claim Response Rettenmeier, M
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BARRY A. LINDAHL, Es .
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
August 10, 2004
RE:
Claim Against the City of Dubuque by Michael V. Rettenmeier
Claimant
Date of Claim
Date of Loss
Nature of Claim
Michael Rettenmeier
07/22/04
07/18/04
Property Damage
This is a claim in which the claimant alleges that as he was riding his bike near the
intersection of Fremont and Marion Streets, his rear tire struck the edge of the street
asphalt surface, which he states was being excavated, and punctured his tire and inner
tube.
According to the report of Gus Psihoyos, Acting Public Works Director, this claim relates
to the Fremont Reconstruction Project that is being performed by the WC Stewart
Construction Company. The contract included bonds and insurance, as well as
language stating that the contractor shall hold the City harmless against all claims
arising out of the construction project.
It is therefore the recommendation of Gus Psihoyos to refer this claim to the WC
Stewart Construction Company. The Legal Department concurs with this
recommendation.
BAL:tls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, Acting Public Works Director
Michael Rettenmeier
Wayne Stewart, Stewart Construction
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SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque,org
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CITY OF DUBUQUE, IOWA
MEMORANDUM
July 30, 2004
TO:
FROM:
Tracey Stecklein, Legal Department
Gus Psi hoyos, Acting Public Works Director JD
SUBJECT: Claim Against the City of Dubuque by Mike Rettenmeier
This claim relates to the Fremont Reconstruction Project that is being done by
WC Stewart Co. The contract called for the standard form of contracts and
bonds with the City, which require the contractor to hold the City harmless from
any claims of damage resulting from the work.
Therefore, it is the recommendation of the City Engineering Division that this
claim for damages be forwarded to WC Stewart Co. for further
consideration/processing.
Please note that all appropriate construction work signage is/was in place.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.
cc: Jane Smith
Attach.