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Claim Response McMahon, Kasey BARRY A. LINDAHL, Es . CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: October 26, 2005 RE: Claim against the City of Dubuque by Kasey McMahon Claimant Date of Claim Date of Loss Nature of Claim Kasey McMahon 11/04/05 10/06/05 Vehicle Damage This is a claim in which the claimant alleges that as he was driving north on John F. Kennedy Road near Burger King, he drove over a large bump, causing two flat tires, damaged rims and damage to the rear axle of his 1990 Acura Integra. According to the report of City Engineer Gus Psi hoyos, this claim pertains to the Stoneman Road/John F. Kennedy Road Storm Sewer Project which is being performed by Tschiggfrie Excavating Co. The improvement contract between Tschiggfrie Excavating and the City of Dubuque 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 Tschiggfrie Excavating Co. for its consideration. The Legal Department concurs with this recommendation. BAUls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Gus Psihoyos, City Engineer Kasey McMahon , , ~I,I SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org