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Rhonda Switzer Claim BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL To: Mayor Terrance and members of . Duggan he City Council MEMO Date: June 12, 2000 Claim of Rhonda Switzer Re: Claimant Date of Cla~ Date of Loss Nature of Cla~ Rhonda Switzer 5/16/00 5/5/00 vehicle damage This is a claim for damages to the claimant's car, which it sustained when a piece of concrete fell from the construction site on top of the Fifth Street Parking Ramp and hit the roof of the parked car. According to the report of Parking System Supervisor Cindy Steinhauser, this accident occurred during a construction project being done for the City by Conlon Construction. Under its contract with the City, Conlon Construction agrees to hold the City harmless from any claims for damage that result from its work on this project. It is Ms. Steinhauser's recommendation that forwarded to Conlon Construction for processing, Department concurs with her recommendation. this claim be and the Legal BAL/cg cc - Ms. Cindy Steinhauser cc - Ms. Rhonda Switzer cc - Conlon Construction Q <:::) 0 CJ':_~ ,- :0 c:: t5" C:-j z fTl ;"i ~- Cj ..c.J ~ .T1 -' ~\) C') :po ;;;' ::;I: - ~ m > is 0 CD ~ ill 1 9 6 eye ^ 1\ Po P I. ^ 7. ^ D II " U Q U F. tow ^ 5 2 0 0 t TE"E l19 5,8l.41Il I'^X l19 IR3.1040 e.ma\l bA1('t'1((i}mwci.nf"t ( CITY OF DUBUQUE, IOWA MEMORANDUM May 25, 2000 To: Carol A. Gulick, Legal Department Cindy Steinhauser, Parking System superviso~ From: Re: Claim of Rhonda Switzer Introduction This memorandum is in response to the vehicular damage claim brought on by Ms. Rhonda Switzer. Discussion According to our records, at approximately 8:10 a.m. on May 5, 2000, Rhonda Switzer contacted the Parking Division office to notify us that a piece of construction material hit the hood of her vehicle while entering the Fifth Street ramp using the Fifth Street entrance. She indicated that the material caused damage to her vehicle. An employee of the Parking Division went to the Fifth Street ramp, located her vehicle and took photos of what appeared to be fresh damage to the hood of her vehicle. Later this same employee spoke with the foreman of Conlon Construction and they admitted fault in the incident. Apparently a crane was being used to load material to the top of the ramp and a steel bolt rolled off and struck the Switzer vehicle. I spoke at great length to Conlon representatives regarding this matter and they have now installed scaffolding and canopies over all entrances and exits to prevent future occurrences. Attached is a copy of the Certificate of Insurance provided by Conlon Construction, the general contractor for the Fifth Street Ramp expansion. The City of Dubuque is listed as additional insured for this project. Recommendation I recommend that this claim be referred to the general contractor, Conlon Construction. Attachment cc: Jerry Hird, Acting Finance Director I Al.!jRDN . . , CERTIFICATE OF LIABILITY INSURANC&~dgc'6~l DA~E~~~~~O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Cottingham & Butler, Inc. 300 Security Building I1 que IA 52001 Pl",ne:319-5B7-5002 Fax:319-5B3-7339 INSURERS AFFORDING COVERAGE INSURED INSURER A INSURER 8: INSURER C INSURER D INSURER E st. ,Paul Fire & Marine Ins Co Crum & Forster Insurance co. Conlon Construction Co~any PO Box 3400, 1100 Rockdale Rd. Dubuque IA ~2001 COVERAGES THE POLICieS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTRf"( TYPE OF INSURANCE POLICY NUMBER DATE(MMID~ DATE MM/DDNV\" LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 1000000 A X COMMERCIAL GENERAL LIABILITY KK08000669 07/01/99 07/01/00 FIRE DAMAGE (Anyone fire) , 1000000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) , 5000 - PERSONAL & ADV INJURY , 1000000 - GENERAL AGGREGATE , 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG , 2000000 I .n:RD- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - , 1000000 -A- -x cANYAUTO___ -..... .. KK08000669 07/01/99 07/01/00 (Ea accident) -=- - ALL OWNED AUTOS BODILY INJURY , - SCHEDULED AUTOS (Per person) HIRED AUTOS - BODILY INJURY , NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE , (Per accident) ==rAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO EA ACC , OTHER THAN AUTO ONLY: - AGG , EXCESS LIABILITY EACH OCCURRENCE , 10000000 B ~ OCCUR 0 CLAIMS MADE 553071776 07/01/99 07/01/00 AGGREGATE , 10000000 , =1 ,DEDUCTIBLE , RETENTION , , WORKERS COMPENSATION AND X I tb~~L~M-s I IO~R- EMPLOYERS' LIABILITY A WVK8000433 07/01/99 07/01/00 E. L. EACH ACCIDENT , 500000 -- EL. DISEASE - EA EMPLOYE , 500000 EL DISEASE. POLICY LIMIT , 500000 OTHER DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Ci ty Of Dubuque is additional insured with respect to the general liability policy. *Except for non-payment of premium. CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION CIDUIA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City Of Dubuque EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I~HDE:",':"R T(I MAll Attn: Engineering Div. 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 50 West 13th st. LEFT, 9' 'i- ,-~ T9 138 88 BIIOlll1 f ~~~ "'-' """'LI"'I"\II,-"J ~Illl sur8r Dubuque IA 52001-4B64 'rr"I'If' . _ ,~~""~, "'-"<':"'n".~ , Timm Go Johnson .DA.. "M// ACORD 25-S (7/97) ? .. ACORD CORPORATION 1988