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Claim Response Sharkey, Thomas BARRY A. LINDAHL, ES;l. ~ CORPORATION COUNSELt~~TY OF DUBUQUE MEMO . \ To: Mayor Terrance M. Duggan and Members of the City Council DATE: October 26, 2004 RE: Claim Against the City of Dubuque by Thomas Sharkey, Jr. Claimant Date of Claim Date of Loss Nature of Claim Thomas Sharkey, Jr. 10/21/04 10/17/04 Vehicle Damage This is a claim in which the claimant alleges that his vehicle had to be serviced for an alignment, leaking oil and a loose wire after he drove over a pothole near a construction site on Hill Street. According to the report of Gus Psihoyos, Acting Public Works Director, this claim relates to the 2004 Asphalt Paving Project that is being done by River City Paving Company. 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. It is therefore the recommendation of Gus Psihoyos to forward this claim to River City Paving Company for its consideration. The Legal Department concurs with this recommendation. BAUls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Gus Psihoyos, Acting Public Works Director Thomas Sharkey, Jr. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org - ~....~ ",t ..o~,... CITY OF DUBUQUE, IOWA MEMORANDUM October 22,2004 TO: Tracey Stecklein, Legal Department Gus Psihoyos, Acting Public Works Director .9P FROM: SUBJECT: Claim Against the City of Dubuque by Thomas Sharkey, Jr. This claim relates to the 2004 Asphalt Paving Project that is being done by River City Paving Co, A Division of Mathy Construction. 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 River City Paving Co. for further cons id e ration/p rocessing. If you have any questions and/or need further assistance, please call me at (563) 589-4270. Attach.