HomeMy WebLinkAbout08-404OCTOBER 28, 2008 08 -404 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PLAYERS PIZZA & PUB LLP
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Player's Pizza & Pub LLP DATE OF LOSS: 6/12/2008
(damage to business as a result of a sewer backup)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
- -,
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�►� S E P 2 2 2008
PLEAS PRI
CLAIM FORM
Y OF OSHKOSH, WISCONSIN
ATTACH COPIES OF ALL BILLS
RETURN TO: City Clerk
d.5l 1
Date of Re ort: Q 0 a Date of I
Name: t` za
Address: 5 5(2 U X -
Phone Number:
Incident Location
P.O. Box 1130
Oshkosh, WI 54903 -1130
ent: 1 12- / Time of Incident: am /pm
LLP
Date of Birth`.
CONTACT PERSON: (Available M& djy thru Friday 8:00 am — 3:00 pm)
KEVIN UHEN JACK REICHENBERGER ROBERT HORTON
Superintendent/Street, Superintendent/Water Distribution Sanitation Supervisor
Sanitation &Central Garage 757 W. 3 Avenue 508 W. 4t Avenue,
639 Witzel Avenue (920) 232 -5332 FAX (920) 232 -5334 (920) 232 -5393 FAX (920 232 -5386
(920) 232 -5382 FAX (920) 235 - 5386 jreichenberger @ci.oshkosh.wi.us rhorton @ci.oshkosh.wi.us
kuhen @ci.oshkosh.wi.us (water) (garbage / recycling)
(street / sewer)
June 16, 2008
PLAYERS PIZZA & PUB LLP
556 WEST 5 AVENUE
Oshkosh, WI 54902
September 22, 2008
Pam Ubrig, City Clerk
CITY OF OSHKOSH
PO Box 1130
Oshkosh, WI 54903
SUBJECT: Notice of Claim and Circumstances — s.893.8,Wis. Stats.
Claim from the Flood of June 12, 2008
Players Pizza & Pub LLP hereby gives this notice of claim. During the calendar
year 2008, the City of Oshkosh engaged in the reconstruction of Ohio Street
including new underground utilities. Oshkosh city engineers were responsible to
oversee the project from start to finish. The City of Oshkosh and the project
contractor did not comply with standard, adequate techniques to successfully
relocate and install new storm and sanitary sewers. Storm water and sewage
backup into basements along the Ohio Street construction area was due to the
failure of Oshkosh city engineers to plan properly in advance. The city is
responsible for the negligence of its contractors also.
The failure of storm and sewer pipes along Ohio Street was the direct result of
the city's relocating the new storm sewer pipes and sanitary sewer. City
engineers instructing the contractor to install new storm sewers in the area of the
old sanitary sewers and also located the new sanitary sewers in the area of the
old storm sewers. This procedure caused the flooding of our property at 556
West 5 Avenue.
City engineers had the storm sewers removed from Ohio Street leaving little
protection to the property owners in the case of rain. Above ground pumps were
stationed along Ohio Street in the event of rain per the city's instructions. These
pumps were connected to 3 -5" hoses and were woefully inadequate with even a
small amount of rainfall. This caused the flooding of our property at 556 West 5th
Avenue.
�C V
LSEP 2 2 2003 iDo
CITY CLE RK'S OFFICE
Page 2
The professional contractors installing the piping underground.. along Ohio Street
have stated the ineffectiveness of these storm sewer pipes due to their grade
and their size. A quote from the contractors: "Storm sewers in Oshkosh will never
work because of the lack of pumping stations Most storm sewers in Oshkosh
are always half full because of the city's elevation in relationship to the Fox River
which most water flows into.
Oshkosh has added outlying communities to its municipal collection systems
without increasing the capacity of the underground pipes to handle more volume.
This is another factual cause of increased flooding of our basement through
back-up water.
Players and Pizza & Pub LLP has now incurred expenses totaling $98,846.20 for
the replacement of equipment, food, liquor, new construction, cleanup, plumbing,
electrical, heating, flooring, painting; etc. A claim is hereby made for
reimbursement of $98,846.20 from the City of Oshkosh.
The claimant hereby offers to immediately submit this matter to non - binding
mediation to see if an amicable resolution can be achieved. The process would
involve retaining a professional mediator to see if a mutually acceptable
settlement can be reached without the need for filing legal action in recognition
that most judges order an alternate dispute resolution in the form of non - binding
mediation in most litigation cases. The process might serve to forgo the costs of
litigation, which will arise if the matter is not settled.
As a ys,
( G L . �I�Z__ I
Carl Sosnoski
Owner
Players Pizza & Pub LLP
Attachments
This notice was received this day of September 2008 by the City Clerks
Office for the City of Oshkosh.
Signature ! Title
P. 1
Immediate TX Result
Report(
Sep, 24.
2008 8:45AM J
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ASSOC CJ
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File
Date
Time
Destination
Mode
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Page
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Name
No,
Sep.24. 8:44AM
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Fo1 der
Our Claim #: WI8 135482
Dear Ms. Ubrig:
We handle the claims for the League of Wisconsin Municipalities Insurance Plan through which
the City of Oshkosh is insured. We have received notice of the above- stated claims in which
sewer backups occurred at several locations on June 12, 2008.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
these claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations period
to 6 months.
The basis of the denial should be that our investigation has concluded that there is no negligence
on behalf of the City of Oshkosh. Our investigation has concluded that this backup was caused
by excessive rain and not due to any blockages or equipment failure on behalf of the City. The
City has no control over this type of occurrence and would have no prior notice of any potential
problems.
Please send your denial letters to the claimants. These denials should be sent certified mail and
registered mail (restricted delivery) and must be received by the Claimant within 120 days after
you received the claim. Please send copy of denial to our address as stated above. If you have
any further questions, please feel free to call me at 1-800-225-6561 (ext. 3096). Thank you.
Sincerely,
Barbara Hooks
t,
Claims Adjuster
OCT 1 Q 20x8
Cc: HRH Insurance Services
C
I � x ,E'RK'S OFFICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'
October 7, 2008
City of Oshkosh
Attn: Pam Ubrig
PO Box 1130
MIDWEST
O shkosh, WI 54903
CLAIMS SERVICE
Re: Program:
League of Wisconsin Municipalities Insurance Plan
1700 opdyke court
Our Insured:
City of Oshkosh
Auburn Hills, Michigan
Date of loss:
06/12/2008
48326
Claimant(s):
Players Pizza & Pub, LLP
(248) 371 -3100
(800) 225 -6561
Attn: Carl Sosnoski
(248) 371 -3091 fax
556 West 5th Ave
www.midwestclaims.com
Oshkosh, WI 54902
Our Claim #: WI8 135482
Dear Ms. Ubrig:
We handle the claims for the League of Wisconsin Municipalities Insurance Plan through which
the City of Oshkosh is insured. We have received notice of the above- stated claims in which
sewer backups occurred at several locations on June 12, 2008.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
these claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations period
to 6 months.
The basis of the denial should be that our investigation has concluded that there is no negligence
on behalf of the City of Oshkosh. Our investigation has concluded that this backup was caused
by excessive rain and not due to any blockages or equipment failure on behalf of the City. The
City has no control over this type of occurrence and would have no prior notice of any potential
problems.
Please send your denial letters to the claimants. These denials should be sent certified mail and
registered mail (restricted delivery) and must be received by the Claimant within 120 days after
you received the claim. Please send copy of denial to our address as stated above. If you have
any further questions, please feel free to call me at 1-800-225-6561 (ext. 3096). Thank you.
Sincerely,
Barbara Hooks
t,
Claims Adjuster
OCT 1 Q 20x8
Cc: HRH Insurance Services
C
I � x ,E'RK'S OFFICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'
October 7, 2008
MIDWEST Players Pizza & Pub LLP
CLAIMS SERVICE Attn: Carl Sosnoski
556 West 5 Ave.
1700 Opdyke Court Oshkosh W 1 54902
Auburn Hills, Michigan
48326 Re: Program: League of Wisconsin Municipalities Mutual Insurance
(248) 371 -3100
(800) 225 -6561 Our Insured: City of Oshkosh
(248) 371 -3091 fax Date of Loss: 06/12/2008
www.midwestclaims.com Our Claim No: W18 135695
Claimant: Players Pizza & Pub, LLP
Location: 556 West 5 Ave.
Dear Mr. Sosnoski:
Midwest Claims Service administers the claims for the League of Wisconsin
Municipalities Mutual Insurance through which the City of Oshkosh is an insured.
We are in receipt of the above - stated claim in which you have stated that there
was a sewer backup in the above - stated building due to excessive rains on June
12, 2008.
Please be advised that we have completed our investigation of this claim and will
be recommending that the City of Oshkosh deny this claim. The basis of the
denial is that our investigation found no negligence on behalf of the City of
Oshkosh. Our investigation has concluded that this sewer backup was caused
by excessive rains which inundated the area. This would be considered an act of
nature. The City has no control over this type of occurrence and would have no
prior notice of any potential problems.
Sincerely,
Barbara Hooks
Claims Adjuster
cc: City of Oshkosh: Pam Ubrig ? (�
HRH Insurance Services' j
CITY :F
FICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
Players Pizza - 135695
Page 1 of 1
Ubrig, Pam
From: DePriest, Sharon [sdepriest @midwestclaims.com]
Sent: Wednesday, October 22, 2008 12:21 PM
To: Ubrig, Pam
Subject: Players Pizza - 135695
Attachments: 135695.pdf
Hi Pam,
Attached are the file notes for this claim. The notes with regard to Players Pizza begin on page # 21 under
10/2/08 date. Let me know if you have any further questions.
Thanks,
Sharon
«135695. pdf>>
Sharon DePriest AIC
Claims Supervisor
Midwest Claims Service, Inc.
A subsidiary of HCC Insurance Holdings, Inc.
maiLto.s
Tel: (248) 371 -3083
This e-mail contains confidential information, and may contain privileged information, which is the property of the sender, and is intended solely for the
attention and use of the addressee. If you are not the named addressee, you must not disclose, copy or retransmit this transmission or take any other
action in reliance upon this transmission, and you should notify us as soon as possible.
10/22/2008
10/02/2008 10:43 AM - BEH
Recd an additional clmt for this date of loss.
I
CLAIMANT:
Players Pizza & Pub LLP
556 West 5th Ave
Oshkosh, WI 54902
(t) 920 -303 -1400 (obtained from Bobbi in the City Clerks office)
FACTS:
Recd notice of claim and circumstances-
Players Pizza & Pub LLP hereby gives notice of claim. During the calendar year2008, the City of Oshkosh engaged in the
reconstruction of Ohio St including new underground utilities. Oshkosh City engineers were responsible to oversee the i
project from start to finish. The City of Oshkosh and the project contractor did not comply with standard, adequate
techniques to successfully relocate and install new storm and sanitary sewers. Storm water and sewage backup into our
basements along the Ohio Street construction area was due to the failure of the Oshkosh city engineers to plan properly in
advance. The City is responsible for the negligence of its contractors also.
The failure of storm and sewer pipes along ohio street was the direct result of the City's relocating the new storm sewer
pipes and sanitary sewer. City engineers instructing the contractor to install new storm sewers in the area of the old sanitary
sewers and also located the new sanitary sewers in the area of the old storm sewers. This procedure caused the flooding of
our property at 556 West 5th Ave.
21\27
.. :..:...:...:...:.
City engineers had the storm sewers removed from Ohio St leaving little protection to the property owners in the case of
rain. Above ground pumps were stationed along Ohio St in the event of rain per the City's instructions. These pumps were
connected to 3 -5" hoses and were woefully inadequate with even a small amount of rain fall. This caused the flooding of our
property at 556 West 5th St.
The professional contractors installing the piping underground , along Ohio St have stated the ineffectiveness of these storm
sewer pipes due to their grade and their size. A quote from the contractors " Storm sewers in Oshkosh will never work
because of the lack of pumping stations ". Most storm sewers in Oshkosh are always half full because of the City's elevation
in relationship to the Fox River which most water flows into.
Oshkosh has added outlying communities to its municipal collection systems without increasing the capacity of the
underground pipes to handle more volume. This is another factual cause of increased flooding of our basement through
backup of water.
Players Pizza & Pub LLP has now incurred expenses totaling $98,846.20 for the replacement of equipment, food, liquor,
new construction, cleanup, plumbing, electrical, heating, flooring, painting, etc. A claim is hereby made for reimbursement of
$98,846.20 from the City of Oshkosh.
The claimant hereby offers to immediately submit this matter to non binding mediation to see if an amicable resolution can
be achieved. The process would involve retaining a professional mediator to see if a mutually acceptable settlement can be
reached without the need for filing legal action in recognition that most judges order an alternate dispute resolution in the
form of non - binding mediation in most litigation cases. The process might serve to forgo the costs of litigation; which will
arise if the matter is not settled.
The above was submitted and signed by Carl Sosnoski, Owner of Players Pizza Pub LLP.
EVAL:
I will be sending this information to insd contact, Kevin Uhen for review and response. I have emai[ed the information to the
above.
have left a message for the cimt, Carl Sosnoski at 920 -303 -1400.
TO BE DONE:
Sending letter to clmt advising of our investigation.
- waiting for response from the City regarding this incident
BEH