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Claim Response Tully, Judith BAR R Y A. L I N 0 A H L , CITY ATTORNEY MEMO To: Mayor Roy D. Suol and Members of the City Council DATE: September 8, 2006 RE: Claim against the City of Dubuque by Judith Tully Claimant Date of Claim Date of Loss Nature of Claim Judith Tully 09/06/06 08/30/06 Vehicle Damage This is a claim in which the claimant states that while driving downtown the evening of August 30th, the driver's side of her vehicle was splattered with paint, which claimant alleges was caused by freshly painted pavement markings. According to the report of City Engineer Gus Psihoyos, this claim relates to the 2006 Pavement Marking Project being performed for the City by Selco, Inc. 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 that this claim be forwarded to Selco, Inc. for its consideration. The Legal Department concurs with this recommendation. SAUls cc: Michael C. Van Milligen, City Manager Jeanne Seh(1eider, City Clerk Gus Psihoyos, City Engineer Judith Tully n r--"-'/" --::; :1 c:: OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE. 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org