Claim by David JonesBARRY A. LINDAHL, ESQ. ~~
CITY ATTORNEY
MEMO
To:
DATE:
RE:
Claimant
Mayor Roy D. Buol and
Members of the City Council
April 24, 2007
Claim against the City of Dubuque by David A. Jones
Date of Claim
David A. Jones
04/11 /07
Date of Loss
April 2007
Nature of Claim
Vehicle- Damage
This is a claim in which the claimant alleges that while driving on the north side of 16t"
Street between Sycamore Street and Kerper Boulevard, he struck a manhole cover,
which damaged the right rear tire and rim of his vehicle.
According to the report of Gus Psihoyos, City Engineer, MSA Professional Services,
Inc. had been retained by the City of Dubuque Engineering Department to provide
engineering services for the Sanitary Sewer Master Plan. 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. MSA
Professional Services, Inc. did conduct sanitary sewer discharge monitoring/testing in
the 16t" Street area between Sycamore Street and Kerper Boulevard. Mr. Psihoyos
states further that a sanitary flow monitor had been placed in the manhole by MSA
Professional Services, Inc., which may or may not have caused the incident.
It is therefore the recommendation of Gus Psihoyos to forward this claim to MSA
Professional Services, Inc. for its consideration. The City Attorney's Office concurs with
this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, City Engineer
David A. Jones
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