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Claim by Drew Cook & Sons ExcavatingBARRY A. LINDAHL, ESQ CITY ATTORNEY MEMO ~iro~ To: Mayor Roy D. Buol and Members of the City Council DATE: March 23, 2007 RE: Claim against the City of Dubuque by Drew Cook & Sons Excavating Co., Inc. Claimant Drew Cook & Sons Excavating Co., Inc Date of Claim 03/20/07 Date of Loss 01 /30/07 Nature of Claim Loss of Revenue This is a claim in which the claimant alleges that the City of Dubuque Engineering Department gave incorrect measurements for a sewer locate which added $6,525.60 to the project cost. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Gus Psihoyos, City Engineer Drew Cook & Sons Excavating Co., Inc. 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 OY/U ~~I ITY F DUBU UE IOWA ~~~^ CLAIM AGAINST THE C O Q G~~~ 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 Council. 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:.Vwc~ ~~~ K 1. 5~rn5 `r~c.~.~~1~~ ~~ ~~ ~,.~ 2. Address: (0 7 ~' .~ ~'i ~ ~,. (~ ~~- (~2. ~ ~ ~~ .~ ~ J~ -~~~ s;~~ 3. Telephone Number S~ 3 - ~~3 ~-- ~ ~g 7- 4. Date of Incident: ~c~~t ~ Q.,~~., ~/~ _. _. _,~~7 .~~~v~uC~/'ti ~ ( ~~ 7 5. Time of Incident: q~ 0~ /~~{2(- (~ ~ DO - ~, 4 /l , 6. Location of Incident (Be specific): ~~~~~ Sr 7. Describe 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.) i i~ tn~ wI i y'l ~ D ~'J ~« i v~ ~e r ~~ LL~.f~ C%. fir. ~ N-~ it i'h12.3-ti-~ ~ ~ ~~,..J Zs' ~-- I Gr ~ t Ci \ ~ D C ~~ "~ i c/3'~ ~/'rJY~. ~ i ~ ~.. c:. i l1 ~ tz_ ~~nc., L~'L' ~Q.~'fiY~-a.r'~- ' r c v.2.i1 - ` (~~ l In ~ i S v-:tc~,, ~` ~c ~ ~ r,. i t^ cz v~ v `rvv~v~ j o C. C~ f'r`~2ti Y'G I~f~-,i r~ G/Y 8. What were weather conditions like?~``' `"' ~ 4 ~ `z'^ ` ``c ~~I~ - j~° 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining ex1t~en~t of damage.) f~~ 13. 1/1~hat other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amo}},,~~nt paid.) d'l.~ . 15. What amount do you claim from the City of Dubuque? ~~~~~ a :- 16. Why do you claim the City of Dubuque is responsible? (~~K«~ i~,c, ~cX~- J ~~~~ r. 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this ~_ day of (~~~,-G,C~ , 20 b~ ~~~~~ ~ (Signature) c~,J (c~ c~l~- (Print Name) di 'an~nc~nQ a~~~0 ,>1~~1~? ~(~t~ Z ~ ~01 Nb oZ ~~H Lo 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) DREW COOK 8 SON'S EXCAVATING 10782 TIMBER RIDGE RD. DUBUQUE, IA 52001 (563)582-9292 Bill To CITY ENGINEERING ATTN. GUS 13TH. & CENTRAL AVE. DUBUQUE, IOWA 52001 Invoice Date Invoice # 3/16/2007 1383 I Ship To CITY ENGINEERING ATTN. GUS 13TH. & CENTRAL AVE. DUBUQUE, IOWA 52001 P.O. Number Terms Ship Net 30 3/16/2007 Quantity Item Code Description Price Each Amount CLAIM FOR 2517 WHITE STREET - DISCONNECT SANITARY SEWER LATERAL 1 MOLBILIZATI... 1-30-07 200.00 200.00 4 HOE RAM 160.00 640.00 4 160 EXCAVAT... l ] 0.00 440.00 9 TANDEM 65.00 585.00 9 TANDEM 65.00 585.00 9 LABOR 45.00 405.00 1 HOE COMPAC... 150.00 150.00 1 SAW & BLADE 95.00 95.00 1 DETOUR 115.00 115.00 5 HOE COMPAC... 1-31-07 FINISH BACKFILL 150.00 750.00 5 TANDEM 65.00 325.00 5 TANDEM 65.00 325.00 4 LABOR 45.00 180.00 1 PLUMBER TO LOCATE SEWER LATERAL 440.60 440.60 1 PERMIT 55.00 55.00 1 CONCRETE REPOUR 12' X 15' X 8" CONCRETE STREET 1,235.00 1,235.00 PATCH WITH 5/8 EXP. COATED DOULS. LABOR & CONCRETE AS PER CITY SPEC. 1.5% SERVICE CHARGE MONTHLY Total $6,s2s.6o Balance Due $6,s2s.6o Phone # 563-582-9292 IT y~4 f I~~. ~" q ; . ~ ~~g~ ~ ~ ~¢'r~ 9r L~ ,. i¢y ~~5.. :~~ }~F ~ll~a 91b ~ll N ~e~ ,r~ ,, . t~ ~..~ a WY 113. t ~ t ('z „ I1j s',_'~.i. ,'.{ _ r~ CONTRACT/RETAIL INSTALLMENT DATE: 1 / CUSTOMER NAME: CUSTOMER NAME: ADDRESS: ADDRESS: CITY ST ZIP JOB PHONE CITY ~ ST ZIP ~ ~ OTHER PHONE SERVICE PREY MAINT O O EP.tAIL q _O. TECHNICIAN (S) CONTACT ~' ADVANTAGE PLAN MEMBER Q O CASH ~ CHECK ~ BILLED AE MC VI DI CREDIT EXP AUTH CARD i1 DATE CODE ~ H; scaue IsMALLI SCRUB (TRAILER ~ " ESTIMATE OPPORTUNITY CALL D ' • ' ~ I AGREETHAT INITIAL PRICE OUOTED PRIORTO START OF WORK DOES NOT INCLUDE ANY ADDITIONAL OR UNFORESEENTASKS, NOR MATERIALS WHICH MAY BE OUNDTO BE NECESSARY TO COMPLETE REPAIRS OR REPLACEMENTS. I ALSO AGREE TO HOLD MR. ROOTER OR ITS ASSIGNS HARM- LESS FOR PARTS DEEMED CORRODED, UNUSABLE OR UNRELIABLE FOR COMPLETION OF STATED WORKTO BE GONE. 1 HEREBY AUTHORIZE MR. ROOTERTO PERFORM ' ~ CAMERA ~ PIPE LOCATOR O CAELE MACHINE ) OWNER TENANT D ~ PROPOSED WORK AND AGREETO AlL AGREEMENT CONDITIONS AS DISPLAYED ON THE FACE AND REVERSE SIDES OFTHIS DOCUMENT AND FURTHER ACKNOWLEDGE THAT THIS INVOICE IS DUE UPON RECEIPT. ~'~ Jks S#'Lii ~ . i'~ i^Yi~ I(. An Independently Owned and Operated Franchise ; s , ~ I~+~ X $ O BACKHOE O TRENCHLESS -.~. PTHER RESIDENTIAL COMMERCIAL ~ D • • ~ • • •~~ ~ r ' .~ ~~ i~, n ? ~~ ~jf ;~~ ,~ ' ~ +' I I ~ ADVANTAGE PLAN ^ APPROVED ^ DECLINED C • ^ APPROVED ^ DECLINED TAX ^ APPROVED ^ DECLINED • ACCEPTANCE OF WORK PERFORMED: I FRJD THE SERVICE AND MATERIALS PEPPOR:,fED AND IKSTALLED HAVE BEEN COMPLETED IN ACCORDAfJCE WITH THIS AGREEMENT I ~ C ~ppE '~Y " w ~. ,'.6 - IP ; AGREE TO PAY REASONABLE ATTORNE'+' FEES, COLLECTION FEES AIJU COURT COSTS IN THE EVEIJT OF LEGAL ACTION PURSUAPIT TO COLLECTION OF AtdOUNT DUE '~ i'~ .; f!'r _ I DO HEREBY STATE THAT THE ABOVE WORK HAS BEEN DONE IN A WORKMANLIKE MANNER AND TO APPLICABLE CODES. '~° ~ ~~! ~ ~ ' 'I „ MH 3.S1 T~-pe ~ ~.vithnut nntiCC~ of clnrei!a4or Rev. (',; 05 No Ordinary Plumbetd 24 Hours a Dav • 7 Davs a Week... Never An Overtime Charae! ~. ~ v$ ~ i ~ ~ I:~ ~ ,°. r- ~ ~ ~-~: DREW COOK & SON'S EXCAVATING INC. 10782 TIMBER RIDGE RD. DUBUQUE, IOWA 52001 563-582-9292 March 19, 2007, City OF Dubuque 13~'. & Central Ave. Dubuque, Iowa 52001 Dear Sirs, On 11-21-06 the Dubuque Community School District held a bid on the demolition of 2520 Central and 2517 White Street. Drew Cook & Son's Excavating bid on this project for the Dubuque Community School District. Prior to submitting my bid on this project Drew Cook called the City of Dubuque Engineering Department. Todd Irwin of the Engineering Department took Drew Cook's call. I inquired about the demolition project and what would be required of Drew Cook, by the City OF Dubuque Engineering Department. If I were to be the contractor selected to do this demolition project. Todd Irwin stated to Drew Cook that the Engineering Department would require that 2 sewer Laterals off the sewer main in White Street would have to be disconnected off the sewer main. Todd went on to say that since the sewer main in White Street and the Sewer laterals for 2520 Central Ave. and 2517 White Street were just installed 2 years prior to this, that he had a build sheet from this prior project that would show the exact location where we would 4® disconnect the sewer laterals from the sewer main in White Street. Todd Irwin also stated that since White Street is a newly constructed street, and the sewer laterals of both 2520 Central and 2517 White were both located in the sewer main of White Street, it would be the City OF Dubuque's policy that any excavations needed in a newly constructed street would require a full slab concrete replacement. Drew Cook asked Todd Irwin if he could meet with Drew Cook prior to the bidding of the 2520 Central and 2571 White Street Demolition Project at the job site. Drew Cook asked if maybe Drew Cook & Todd Irwin could meet at the job site with the build sheet from White Street. Measure off the plan, measure from the manhole to the area where the sewer laterals for 2520 Central and 2517 White Street connected with the sewer main in White Street. Todd Irwin agreed to meet with Drew Cook in 2 days and we would measure out the sewer laterals. Drew Cook and Todd Irwin met at the property of 2517 White Street. Todd Irwin had the build sheet for the White Street Construction project. Drew Cook and Todd Irwin measured from the manhole at 25th. And White Street towards the address of 2517 White. Todd Irwin marked the spot on White Street where the sewer laterals were located and where he wanted the sewer laterals disconnected from the sewer main in White Street. Drew Cook then used this information to make his bid on the Demolition Project. This information helped Drew Cook know what his cost would be to disconnect the sewer laterals, as well as the amount of concrete street that would have to be replaced. Drew Cook was assured by Todd Irwin that since this project, (The White Street Reconstruction) was so recent that the measurements for the sewer laterals would be accurate enough So that Drew Cook's excavation would not be any larger than the 15' x 12' panels of concrete in White Street. Drew Cook used this information to make his bid on the 2517 White Street and 2520 Central Ave. demolition project. Drew Cook was awarded the utility disconnect portion of 2517 White Street and 2520 Central Ave. demolition project from another contractor. On January 30, 2007 Drew Cook's employee's mobilized to make the sewer lateral disconnect for 2520 Central Ave. and 2517 White Street. Prior to making the excavation in front of 2517 White Street, Drew Cook's employee John Welch met with Dale Harrington, at City Hall on 3rd. floor at which time Dale Harrington gave John Welch the as built sheet from the White Street reconstruction project, that shows the area of 2517 White, as wells as the exact measurement for the sewer laterals of 2520 Central Ave. and 2517 White Street, from the sewer manhole in 25th. & White Street. On January 30, 2007 John Welch and Drew's employee Mike Cripe used a tape measure, and measured from the manhole in 25th. & White and measured off the measurements for the sewer laterals of 2520 Central and 2527 White. This is the location on White Street they made their excavation to disconnect the sewer laterals. Drew Cook's employees made an excavation in White Street per the as build sheet provided by the City OF Dubuque. After an entire day of excavation looking for the laterals of 2520 Central and 2517 White, they were unsuccessful. At this time they discussed the problem with Dale Harrington, stating that we couldn't find the laterals and Dale referred the problem to Bill Meyers, the City OF Dubuque sewer inspector. Bill Meyers 2 and John Welch had a discussion as to what to do next. They both came up with the same conclusion to hire Mr. Rooter Plumbing to locate the sewer laterals of 2520 Central and 2517 White. Mr. Rooter Plumbing is known to have the ability to camera a sewer lateral, and then locate his camera in the sewer lateral. Bill Meyers expected that this cost of hiring Mr. Rooter to locate the laterals would be bear by Drew Cook. Drew Cook thinks that since the City OF Dubuque as built was not accurately done that the City OF Dubuque should bear the cost to locate the sewer laterals. In the end Drew Cook has paid Mr. Rooter Plumbing to locate the laterals of 2520 Central and 2517 White. On the morning of 1-31-07 Mr. Rooter Plumbing came to the job site of 2517 White Street. Mr. Rooter's employee camera'd the laterals of 2517 White and 2520 Central. Mr. Rooter's employees also located the laterals of 2517 White and 2520 Central. The findings of Mr. Rooter Plumbing were that both laterals of 2517 White and 2520 Central went to a large rock crevice in the rear of both property's and did not enter into the sewer main in White Street. At this time John Welch and Bill Meyers has a conversation to the effect that since both laterals went to the rear of the property, and not into the sewer main in White Street, then Drew Cook's obligation to the City of Dubuque Engineering Department was completed. Since no laterals were into the White Street sewer main. We disconnected the houses and ou~task was completed. Now at this time of the project Bill Meyers told John Welch that when the White Street Reconstruction Project took place that the City Of Dubuque instructed the contractor on the project, Stewart Construction to place 2 sewer laterals from the sewer main in White Street to appoint behind the curb in front of 2517 White for future use by 2520 Central and 2517 White. These were placed by the City's contracted contractor Stewart Construction. That since the stubbed laterals were to be used by 2520 Central and 2517 White Street for their sewer laterals some day, that we would have to disconnect said stubbed sewer laterals off the sewer main in White Street. Bill Meyers went on to say that he new exactly where the laterals were located in White Street, and showed John Welch where he thought that exact spot was, and where to excavate stubbed laterals. John Welch told Bill Meyers that he would not excavate another hole in White Street because our obligation was complete. Bill Meyers told John Welch he had to disconnect the stubbed laterals off the sewer main in White Street. John Welch told Bill Meyers he would not excavate another hole unless Bill Meyers would pay for this. Bill Meyers told John Welch he would have to take the matter up 3 with the City Engineer. John Welch told Bill Meyers he would not excavate with out Bill Meyers having the City Of Dubuque Sewer crew locate the laterals through the City sewer main. Bill Meyers agreed to have City Of Dubuque sewer crew camera the sewer main and mark the spot where the 2 laterals intersect with the City sewer main. One week later John Welch excavated the spot located by the City sewer crew in White Street. Then John Welch disconnected the 2 laterals off the sewer main in White Street. Drew Cook's claim is that the City Of Dubuque should been able to show Drew Cook exactly where to dig up the sewer laterals for 2527 White Street and 2520 Central. Since the White Street Reconstruction Project was only 2 years old, and since the City has the responsibility to inspect such projects, then there should be no reason they can't have accurate measurements for the sewer laterals placed in such recent projects by their contracted contractors. Drew Cook's claim also since the existing sewer laterals for 2517 White and 2520 Central were terminated in an area in the rear of both property's, and don't enter in the sewer main in White Street. The City OF Dubuque should have been aware of the fact that the sewer laterals for 2520 Central And 2517 White were not in the White Street sewer main. Since the White Reconstruction Project was only 2 years prior time. Drew Cook also claims that since the city had it's contracted contractor, Stewart Construction, place 2 stubbed laterals behind the curb in the area of 2517 White Street, for the future use by 2517 White and 2520 Central, Then they should have made some way to know where the measurements of said stubbed laterals. Since it was to be used in the future by these addresses. Sincerely Drew Cook 4 BidOcean.com Report ProjectlD:1092931 Project Name: Se ective Demolition, or Deconstruction of r'r~ao~r:ie=s. Owner's PrOjeet Name: Concerning Demolition, Selective !";~ern~liticn, or Deconstruction of 2520 Central Avenue and 2517 ~fJhite Street Country: United States State: Iowa County: Dubuque Location: Dubuque Bid Date and Time: 11/21/06 2:00 PM Pre Bid Date: 11I09l06 10:00 AM Valuation Low Estimate: 0 Valuation Hlgh Estimate: 0 Set Asides: Scope: Removal of the existing structures, removal of above ground and below ground utility services, miscellaneous site appurtenances and restoring the site grade to existing contours with controlled engineered and compacted fill. Plans and Specs: From Owner, Office of the Executive Director Finance & Business Services. Bonds: 10°~ bid bond Notes: Apre-bid conference is scheduled for 10:00 a.m. on Thursday, November 9, 2006, Central Standard Time (CS'f) at 2517 White Street. Work Types: Demolifian Excavation & Grading Site Work r_,~ Project Subs ~ Vendors: 2 Entries. _~ Exit Page 1 of 1 Owner Name: Dubuque Communi School District General Contact: Address: 2300 Chane Rd City: -~ Dubuque State: Iowa Zip: `~~ 52001-3095 Phone: 563-588-5110 Phone Ext.: Fax: 563-588-8377 Other Projects: li. H~ sand IlPhone Ext.:l Engineer Information: A separate engineer is not listed for this project. Confect the owner for engineering data. OIs.. bass. Ininwr~sti~n Company Name: Dubuque Community School District General Contact: Address: 2300 Chaney Rd Ciry: Dubuque State: Iowa Zip: ~ 52001-3095 Phone: 563-588-5110 Phone Ext.: Cell Phone: Pager: Fax: ~ 563-588-8377 Email:~`~ tbenz(8~dubuque.kl2.ia.us Web Site: .dubuque.kl2.ia.us http:/lwww.bidocean.com/reports3.php?formprjid=1092931 3/13/2007 ~'~ F r ~~~~ 254u ~ ~ ; ,+ a, ~ i li y 'S' :, i ,~~, .. . ~ : ;>~~ i ,,~; ., 1 ~~ N °~ :~ ~ r -n ~- 5, ~~© ~, ~ L o ;`~" ~ ~~s~. 7 IV .._._ G, ~ o ~ t /Z7 f ~`/g o 1- .. ~ ..- ---- 25.17 ~ ~ ~ ; rs~;~ 2520 1 y~. ~ 6 rvf ~ d>'1c ~.VCZC~ j _ .. -.. - '---- J-~ c'7L ~i 2518 ~~ t:~ Q 1 t~r- ~- 2515 ~' ~ ,~r. '~~~ .C y~ T rV~-- L_.._..-_ __..-.-~ :. c_ ,. v'_ -' ~ :. rr z ~'~-f ~ ~ r` V! 7-//- ~~ ,Sys' ~i ~f q"~rY,~ 7-//-cz Lt-o /~ G2,S ~ _ - ZGF ~e-t ~{ r, P~G ~ ~ -v .. ., 1?d 'FF '-;•-tea 7 _.--=~