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Claim Response Munson, Nicole "'" . . k BARRY A. LINDAHL, E Q. CORPORATION COUNSE , CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: September 2, 2004 RE: Claim Against the City of Dubuque by Nicole Munson Claimant Date of Claim Date of Loss Nature of Claim Nicole Munson 08/19/04 08/09/04 Vehicle Damage This is a claim in which the claimant states that as she was driving in the 700 block of University Avenue, the muffler fell off of her vehicle which she alleges is due to the current road conditions during the reconstruction of University Avenue. According to the report of Gus Psihoyos, Acting Public Works Director, this claim relates to the University Avenue Reconstruction Project that is being done by Horsfield Construction, Inc. The contract called for the standard form of contracts and bonds with the City, requiring the contractor to hold the City harmless from any claims of damage resulting from the work. It is therefore the recommendation of Gus Psihoyos that this claim be referred to Horsfield Construction, Inc. its review. The Legal Department concurs with this recommendation. BAL:tls cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Gus Psihoyos, Acting Public Works Director Nicole Munson Horsfield Construction, Inc. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 I FAX (563) 583-1040 I EMAIL balesq@cityofdubuque.org -- -" D~ ~cÆ~ MEMORANDUM August 31, 2004 TO: Barry Lindahl, Corporation Counsel (1 r:J Gus Psihoyos, Acting Public Works Director ...../~ . FROM: SUBJECT: Claim against the City of Dubuque by Nicole Munson This claim relates to the University Avenue Reconstruction Project that is being done by Horsfield Construction, Inc. 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 Horsfield Construction, Inc. for further cons id eratio n/processi ng. If you have any questions and/or need further assistance, please call me at (563) 589-4270.