Claim Koch, Thomas - Paul's Tavern
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ?l ~ J I...Y-d;-
This written report constitutes your claim against the City of Dubuque, Iowa. You should
complete this form in full and attach any additional information that supports your claim_
The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA
52001. It will then be referred to the appropriate department for investigation and to the
City Attorney's Office_ Once that investigation is completed, a report and
recommendation will be submitted to the City Counsel. You will be provided with a copy
of that report and recommendation_
The final decision on all claims is made by the City Council. No employee of the City of
Dubuque has the authority to make any representation to you as to whether your claim
will or will not be paid_
1. Name of Claimant:
Thomas Koch (Paul's Tavern)
2. Address:
176 Locust Street. DubuQue. Iowa 52001
3. Telephone Number:
(563) 556-9944
4. Date of Incident:
Incident was onrwinf! from Sevtember of 2004 throuf!h June of 2006.
5. Time of Incident:
Sevtember 2004. Avril 2006. June 2006. See narrative below.
6. Location of Incident (Be specific):
An obstruction formed in the sewer main located in the aile v behind 176 Locust St. As a result of the
obstructed sewer main. raw sewaJ!e entered the vrovertv located at 176 Locust St. (Paul's Tavern).
7. Described the accident or occurrence that caused injury or damage. (Give full details
upon which you base your claim. If a City employee was involved, give the employee's
name.)
BeJ!inninf! in Sevtember of 2004 raw sewa\.'e beJ!an to back uv into the basement of PQul 's
Tavern. located at 176 Locust Street. As a result. excavation and vlumbinJ! work was comvleted.
but the vroblem versisted. In Avril of 2006. raw sewal!e beJ!an to back uv into the basement of
Paul's Tavern at an increased rate. In an attemvt to remedv the vrablem. Paul's Tavern
contracted to have its sewer lateral cleaned This offered temvorarv relief. but in June of 2006 the
sewal!e bel!an to back uv into the basement of Paul's Tavern once al!ain.
As a result of the June 2006 vroblems. the Citv of DubuQue was contacted. In resvonse the
Citv of DubuQue sent a crew to insvect the 10" sewer main located in the allev behind Paul's
Tavern. The crew revorted that there were no vroblems with the 10" main and that vrob/em was
with the lateral. As a result. it was concluded that the vroblem was with Paul's Tavern's lateral
connection. Thomas Koch. owner of Paul's Tavern. then contracted with Fondell ExcavatinJ! and
Jaerzer Plumbinrz for the installation of a new sewer lateral. Paul's Tavern was closed for
business on June 12. 2006. while the construction of the new lateral took vlace.
Within a few davs of the new construction. raw sewarze continued to enter the basement of
Paul's Tavern. The Citv ofDubuaue was contacted arzain. This time the Citv "TVed" the 10"
sewer main and determined that Paul's Tavern was not connected to that main. The Citv
continued to investirzate and determined that Paul's Tavern was connected to a 6" sewer main.
which ran varallel to the 10" sewer main. It was later determined that raw sewaee was enterinrz
the basement of Paul's Tavern as a result of an obstruction in the connection between the 10"
main and the 6" main. Once the viece connectinrz the two mains was revlaced bv the Citv. the
vroblem of raw sewarze in the basement of Paul's Tavern ceased.
The Citv of Dubuaue failed to locate the 6" main until it carefullv examined the area after
Koch installed a new lateral based on the Citv's initial insvection and concludinrz that the vroblem
was with the lateral from Paul's Tavern to the 10" main.
8. What were weather conditions like?
N/A
9. Give the name of any witnesses:
Citv Sewer Devartment. Tom Koch and Bill Mvers.
10. Did the police investigate? (If so, give names of officers.)
No.
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
No one was vhvsicallv iniured.
12. Was any damage done to property? (If so, describe property and the extent of
damages. Attach estimates of damages or described basis for ascertaining extent of
damage.)
See damarzes listed under No. 13. found below.
13. What other damages do you claim, if any?
Excavation (2004):
Plumbinr; (2004):
Plumbinrz (2006):
Excavation (2006):
Lost Income (2006):
TOTAL:
$ 1.046.61
$ 708.00
$ 1.803.00 (invoices attached)
$ 5.613.03 (invoice attached)
$ 1.500.00 ($300 net sales for 5 davs)
$ 10.645.80
14. Have you been compensated for any part or all of your claim by an insurance
company? (If so, give name and address of insurance company and amount paid.)
No.
15. What amount do you claim from the City of Dubuque?
$10.645.80.
2
16. Why do you claim the City of Dubuque is responsible?
All damaf!es were incurred as the result of'vroblems with a vortion of'Dubuaue's sewer
svstem. which was owned and overated bv the Citv of'Dubuaue. The above-referenced damaf!es
could have been avoided had the Citv conducted a thorouf!h insvection when it was first notified of'
the raw sewaf!e in the basement of' Paul's Tavern. In addition. the damaf!es could likelv have been
avoided had the Citv of'Dubuque maintained a comvlete record of' all vlumbinf! and sewer svstem
locations which would have fixed the location of'the 6" sewer line.
17. Have you made any claim against anyone else for damages as a result of this
incident? (If yes, give name and address.)
No.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
N/A
Dated thi~
day of \\ V"" v <.; \' , 2006
~~--
Thomas Koch
FUERSTE, CAREW, COYLE,
JUERGENS & SUDMEIER, P.C.
Allan J. Carew
John F. Hodges
200 Security Building
151 West 8th Street
Dubuque, IA 52001
ATTORNEYS FOR THOMAS KOCH
3
PAUL'S TAVERN
SEWER REPAIRS
SEPT 2004
DREW COOK ESCV. $ 1046.61
CHECK # 4740
JAGER PLUMBING $ 708.00
CHECK # 4822
THOMAS KOCH DBA PAUL'S TAVERN
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PLUMBING. PUMP, INC.
17500 S. John Deere Rd.
Dubuque, IA 52001
Phone (563) 583-6677
Fax (563) 583-5495
BILL TO:
Paul's Tavern
176 Locust St.
Dubuque, IA 52001
P.O. NUMBER
QUANTITY DESCRIPTION
ewer Machine - Large
3 abor
ales Tax
I INVOICE I
DATE
5/9/2006
TERMS
Due on receipt
RATE
35.00
50.00
7.00%
~
aymen ue upon recelp . 0 servIce c arge on a p ue a an es.
MCNISA accepted by phone with convenience fee
~a
%
TOTAL
INVOICE #
5209
PROJECT
AMOUNT
35.00T
150.00T
12.95
$197.95
'~-_.,
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Ja~
PLUMBiNG'" PUMP, INC.
17500 S. John Deere Rd.
Dubuque, fA 52001
Phone (563) 583-6677
Fax (563) 583-5495
INVOICE
DATE
INVOICE #
7/11/2006
20129
BILL TO:
Paul's Tavern
176 Locust St.
Dubuque, IA 52001
P.O. NUMBER TERMS PROJECT
06/12/2006 Due on receipt
QUANTITY DESCRIPTION RATE AMOUNT
65 " Cast Iron Pipe @ Foot 5.90 383.5DT
3 " Cast Iron 1/16 Bend 15.10 45.30T
1 " PVC Coupling 5.29 5.29T
3 " PVC Pipe @ Foot 4.19 12.57T
'1. 75 /4" K Soft Copper Tubing @ Foot 6.62 496.50T
'>{1 /4" Angle Meter Valve 35.99 35.99T
'>'-1 ' Minneapolis Pattern Stop Box 49.50 49.50T
"<I 3/4x 1/2" Meter Adapter 2.17 2.17T
"'1 3/4" Copper 90' Ell 1.19 1.19T
0.:1 3/4x 1/2" Copper Meter Angle Valve 20.22 20.22T
uel Surcharge 4.00 4.00
20.25 abor 50.00 1,012.50T
Sewer Machine - Large 35.00 35.00T
Sales Tax 7.00% 146.98
ue upon recelp . 0 servIce c arg on p
MCNISA accepted by phone with convenience fee
TOTAL
$2,250.71
._-----
Fondell Excavating
2270 Crown Point RD
Dubuque IA 52002
Invoice
Date
6/3012006
Invoice #
4895
Bill To
Ship To
Paul's Tavern
Attn: Tom Koch
176 S. Locust St.
Dubuque, IA 52001
P.O. Number Terms Rap Ship Via F.O.B. Project
NIO 6/3012006
Quantity Item Code Description Price Eech Amount
Machine 06-12.{)6 Macblne time, Labor, Trucking 5 loads core out, 2,436.24 2,436.24
31.92 tons lime, 15.80 tons basestone, 2 bags sac-crete
Wster & Sewer
Macbine 06-13.Q6 Machine time, Labor., Trucking 3 loads core ou~ 3,176.79 3,176.79
61.40 tons lime, 14.32 tons basestone, 20.99 toos blacktop,
barricades & Pennit
bacldlll water & sewer & blacktop lot
~ b~O 7
Thank You
Total $5,613.03