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Horsfield Construction, Inc. Claim BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Date: September 14, 2000 Re: Horsfield Construction, Inc. Claim Claimant Date of Claim Date of Loss Nature of Claim Horsfield Construction 9/13/00 9/13/00 property damage This is a claim by Horsfield Construction, Inc., which was doing street construction work for the City near the intersection of Langworthy and the alley between Booth Street and Parkway. As a result of the flushing of a fire hydrant in the vicinity of the work, damage was done to Horsfield's laser pipe alignment machine. The value of the machine is $5,895. Enclosed is a memorandum from Public Works Director Mike Koch, recommending payment of the claim. The Legal Department concurs with that recommendation. It is therefore the recommendation of the Legal Department that this claim for the repair or replacement of the machine, in an amount not to exceed $5,895 plus tax in the amount of $353.70, for a total amount of $6,248.70 be paid by the Finance Director. ~~~r7~. ~~.~ ~.~/~7 </-C' ~ .~ '.' ,"'.("'\ ,\1\1""\ a8mO S,/ ,O\-.J . ,....; S \ :2\ \J.d ~ \ d3S 00 -:1838 1 9 6 eye ^ R E P L A Z A D U R U QUE I 0 W A 5 2 GJj!\\;:l TELE 319583-4113 FAX 319 583-1040 e-mail balesq@mwci.net BAL/cg cc - Mr. Mike Koch cc - Mr. Bob Green CITY OF DUBUQUE, IOWA MEMORANDUM September 14, 2000 TO: Barry Lindahl, Corporation Counsel FROM: Michael A. Koch, Public Works Director J/,i/(d SUBJECT: Claim of Horsfield Construction, Inc. Dated September 13, 2000 This is in response to a claim from Horsfield Construction, Inc., who is doing street construction work for the City of Dubuque near the intersection of Langworthy and the alley between Booth Street and Parkway. The work in progress consisted of the installation of storm sewer pipe in an excavation approximately four feet below the street level. On WedneSday, September 18, 2000, at or about 7:45 a.m., the City Water Department flushed a fire hydrant at the intersection of West Third and College Street due to water quality concerns at 210 College Street. SUbsequently, the water ran down the College Street curb line and then directly into the excavation where the workers were installing the new storm sewer. Luckily, no one was hurt in this incident; however, there were damages to a laser pipe alignment machine owned by Horsfield Construction, with a value of $5,895 plus tax. This laser machine was washed down the storm sewer system and damaged by the water. The Water Department knew that Horsfield Construction was performing reconstruction work on COllege Street because of their involvement with other watermain alterations associated with this construction project. Furthermore, the location of the fire hydrant flushed was 2-1/2 blocks from the contractor's project. The Water Department should have checked the area before flushing of this fire hydrant. It is my opinion that the City Water Department is responsible for the damage to this laser equipment, and that the full amount of damage be paid to Horsfield Construction. MA K/vjd cc: Bob Green, Water Plant Manager Attach.