Claim by Paul Wheelock 3 6 09THE CITY OF
DUB E
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 10, 2009
RE: Claim Against the City of Dubuque by the Paul Wheelock
Claimant Date of Claim Date of Loss Nature of Claim
Paul Wheelock 03/06/09 07/15/08 Property Damage
This is a claim in which claimant alleges that a water line broke underneath East 22"d
Street causing claimant's basement to flood.
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
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Paul Wheelock
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 tsteckle@cityofdubuque.org
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This written report constitutes your claim against the City of Dubuque, low: Yi.
should complete this form in full and attach any additional information ~_
supports your claim. ~ ~~
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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 departmer7t for L ,~i~i
investigation and to the City~Attorney's Office. Once that investigation ism ~~= °=' ~-~-
completed, a report and recommendation will be submitted to the City Cou~tcil. ~=v.
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:~u ~- (~(,~%~-~~~-~~ cIC
2. Address: ~, C7 r7 - ~o ~ ~~ ~ ~--~- ~ ~t
3. Telephone Number ~ ~ 3 °~ ~ ~ `- ~ ~`~
4. Date of Incident.: "~ ~~ ~~ ~ ~~~ ~~~ .
5. Time of Incident: ~ ' ~~ ~, ,~'~ .
6. Location of Incident (Be specifi ;
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lYt~~ f.~+r~-rzs,2 a~z~~l~ 'ate ~~r...~:~-: ~~!~akc~ ~.~r ~~~?-~~~',
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.) .
ft(~dJ~~'. c7~e' ~lr~~~'r1~'~ ~:i~rM~d ~: ~ .
8. What were weather conditions like?
9. Give name and address of any witnesses: _
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10. Did poliiCe investigate? (If so, give names of officers.)
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11. Was an~ygne injured? (If so, give names, addresses, and extent of injuries).
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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
extent of damage.) j
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13. What other damages do ou claim, if any?
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14..Have you been compensated for any part or all of your claim by any
insurance company? (If sc, give n~.me and address of insurance company and
amount paid.) ~,
1 What amount do you claim from ahe City of Dubu ue?
~~ ~'a~u: ~~,~,~; ~.~ ~- i,~-~ ;. s~ ~; ~~ ~ti~~~ ~c~~--rc->1 . 5;71 ~~ J
~~ 16. Why do ou claim the City of Dubuque is responsible?
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f .,e.~~,i~ l P ~Ill~ Ki ~~-; ~-:G> ~~. C~vt..S'~ 2l~ G`~. -~ i ~~2 ~` '~"G1 i cj ~
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~ ~ an one else for dame es as a result of
17. Have you made any c~aim against y g
this inciden~? (If yes, give name and address.)
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18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
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Dated this ~_ day of ~r r~~'~ ~
(Signature)
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~4 ~~ Lr~~ C `~ o c',L~
(Print Name)
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Claim Explanation for 607-609 E 22nd Street.
#16.
When the sewer main reconstruction project was done the year prior the
lead water line leading to this building was accidentally cut while the
digging was underway. The contractor repaired the lead line by installing a
ford clamp. I understand that ford clamps are not approved by the city for
repair of lead water lines. When the leak started into my basement of my
building and Stanley Gonner found that it was on the street side of my shut
off he called Dave Fondell to do the excavation. They were unable to pull
the line like they normally do and that's when Dave Fondell found that the
ford clamp was preventing the line from getting pulled through. This
caused the whole project to take much more time than expected. They had
to get a new line through by hand digging and pulling the line through.
During this process Frank Miller was out and said that when the work was
being performed on the sewer main replacement the workers hit the lead
line to my building and had to repair it. They used a ford type clamp and he
said that when they were filling back in the hole it was still leaking slowly.
I feel since the repair to my line was against city code during a city project
and improperly repaired that I should not incur this full expense. If it had
been replaced in copper or up to code none of the damage would have
occurred. Dave Fondell said to call him anytime to verify the problem.
Dave Fondell phone number is 563-599-9424
Thank you for you consideration,
Paul Wheelock 563-495-1432
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g,e :x~$' ~p~a~~l~~r~ id~~~ e~a~~ ~t ~sl e~~~~ I IA~`21~~`2008 2:tI5 PV1
~,~sv~A,r<. ; ~ ~~~~'r~~t' I~tslia~y ~Barcodc OnIyJ
To: Name: ~~1-iEELG~GI~, p'AUL
Address: 607-609 E 22ND ST
City: DIT13I1QUE
StatelZip: IA, 5200I
Insured: WHEELOCK, PAUL Clail~n Number: 15-E1 I5-374
Date of Loss: 7/15/2008 Ouse of Loss: ~JATER
Yaur insurance policy provides replacement cost. coverage far some or all of the loss or damage to your dwelling
or stn~ctures. Replacement cost. coverage pays the actual and necessary cost of repair or replacement, witho~it a
deduction for depreciation, subject to your pofiey`s limit of liability. To receive replacement cost benefits you
must:
1. Complete the actual repair or replacement of the da~riaged part of the property within two years of the date
of loss; and
2. Notify us within 30 days after the work has been completed.
3. Confirm completion of repair or replacement, by submitting invoices, receipts or other docmnentation to
your agent or claim office.
Until these requirements have been satisfied, our payment(s) to you will be for the actual cash value of the
damaged part of the property, which may include a deduction for depreciation.
Without waiving the above requirements, we will consider paying replacement cost benefits p~7or to actual repair
or replacement if we determine repair or replacement costs will be incurred because repairs are substantially
under way or you present a signed contract acceptable to us.
The estimate to repair ar replace your damaged property is $17,4Q1.84. The enclosed claim payment to you of S
14,192.8 is for the actual cash value of the damaged property at the time of loss, less any deductible that may
apply. We determined the actual cash. value by deducting depreciation from the estimated repair or replacement
cost. Our estimate details the depreciation applied to your loss. Based on our estimate, the additional amount
available to you for replacement cost betefits (recoverable depreciation) is .`~2,208.9b.
If you cannot have the repairs completed for the repairl`replacement cost estimated, please contact your claim
representative prior to beginning repairs.
All policy provisions apply to your claim.
P•iac_ 3
Statement o~ ~iccotan~
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7125i2E30~ 0$tUU~
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~'taject
Net 4 U
~u~rdfit~ _ _ __
CJ~ription
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Arr~~tdnt
B airy Excav~rian Pamir l65.UtY t65.UU
1 '['rst~ic t~onrral i 25.00 12,5 Ao
I Air curnpressurlbrexd3~~r i'75.OiF i 75.00
1 Cldop Sativ 25.QU ?5.OU
3 Fihdr i3t~rie 15.00 45.(i(>
1 Water bnz rind dutd lid (~ ~ !zi SS.54 55.54
t C;ahie adlcl clssr~p.~ (Ia~s~ i-ios~i 125.00 i 25.00
! Shurin~ hox rcntai 121,00 125.00
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i3.2~ iZCS 314" bx~c strrt~ 7.25 '36,
?$
2~3.U$ RC:S iioetu lili ? 65 77.06
3.14 Asphalt $1.00 254,34
1 ~ 42ci1i 1T' 13t1c,ki7oc wt` ht3c~:~r5 aatd Ctarks 1(}5.0(3 1,260.()0
12 ~i~~~m 1:~,~mp tr~e~ 7Q.oo saano
! Pvtnhiliraritfn (5tr CFtr}YC:~S3r13!! CtlUi11rt1~'nl ~SerP L{nit 75.013 75,0!1
3 Mini Excav~trar 95.00 2$5.00
1l,i tiuir~rvisickn SS.iJt7 SSO,OU
32 l~ahrsr 45.00 l,a40.()Ii
C77-1b-2QCi t0 Q7~17-2(30
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