Loading...
Claim by Robert & Katy WethalCLAIM AGAINST THE CITY OF DUBUQUE, IOWA EP- | 8N||: 4o This written report constitutes your claim against the City of Dubuque, Iowa. You should this form in full and attach any additional information that supports your claim. ��U��O The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52UO1/" 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: Robert & Katy Wethal 2. Address: 560 Fenelon Place Dubuque, la 52001 3. Telephone Number: 563-581-4399 4. Date of Incident: July 27-28 2011 5. Time of lncident: Between 2300 and 0600 6. Location of Incident (Be specific): Back 40 feet of property, overlooking alley which divides 3rd street and Fenelon Place 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.) During the night of July 27th and early morning onm.2O11 approximately 14 inches of ram fell. The rain water from at least 3 properties and overflow from Fenelon Place collected in the posterior portion of 560 Fenelon Place. This weiqht and pressure caused the large retaining wall which separates the private lot and the city's ally to collapse. This caused approximately 30 feet of earth to wash down into and throuqh the alIy way. 8. What were weather conditions like? 14 inches of ram 9. Give name and address of any witnesses: see attached photos 10. Did police investigate? (If so, give names o'f officers.) No investiqation needed 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) No injuries 12. Was any damage done to property? (If so, describe property and the extent of damages. AMaohestimatesofdamagmnwrdeaoribabaoisfuraacartainingoxtentofdamognj The retaininq wall mentioned above was destro ed and as roximately 30 feet of the back side of the lot of 560 Fenelon Place was washed awaycreatingno barrier ally and property. Approximately_40 feet by 10 feet of wall needs to be replaced, drainage and backfill are needed. We have attached a preliminary design for the repairs au designed by||W engineering along with a cost estimate from Tschiggfrie Excavating Company that .totals %04_,198.8[i We despgrately_need the cityLs.help_in oth d i f th Ieokrs needed 1o'U}is retaininawall which mutually_benefits both our f.Thoperly and the cit.f, alley.Mith the cities help we will be able to value engineer this project to ensure quality and cost reduction to both us and the city. We need the city's help. 13. What other damages do you claim, if any? Additional precipitation and erosion will deteriorate the footings and foundation of the residence at 560 Fenelon Place and adjoining properties. 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 amount paid.) There is no insurance coverage for these damages 15. What amount do you claim from the City of Dubuque? 75% of the total reconstruction cost estimated at $64,198.00. 16. Why do you claim the City of Dubuque is responsible? There is shared responsibility due to shared benefits of this wall. As noted by IIW, without this structure the city's ally will have increased damage due to water runoff from both private and city property. The structure also allows the city to maintain the width of the existing ally way. Without this existing ally there is no access for numerous homes or access for emergency vehicles, city vehicles such as snow removal, city refuse and U.S. postal services. This structure spans the length of four private properties, without action from the city there is no way to ensure the entire wall will be repaired in the proper manner to prevent future collapse which would again leave the city's ally way in jeopardy. Due to the size of the ally and the fact that it is the only entrance to 3 homes, contractors are very hesitant to work on the property without the city's actions to control the ally's traffic and work with multiple private owners. Due to the size and complexity of this structure, without action from the city the private owners will be unable to fund the project to ensure future issues are not related to this structure. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? NA Dated this 1St of September, 2011. (Signature) (Signature) ofb August 19, 2011 Robert Wethal 560 Fenelon Place Dubuque, Iowa 52001 Re: Retaining Wall Repair — 560 Fenelon Place, Dubuque, Iowa IIW Project No.: 11175 -01 Dear Robert: As directed, IIW, P.C. is in the process of completing a design of the retaining wall and drainage improvements at the above property which had failed as a result of the July 27 -28, 2011 rain event. The scope of the work which will be completed includes removal and stockpiling of the limestone blocks from the existing retaining wall, removal of the existing wall backfill, construction of a new limestone gravity retaining wall utilizing the stockpiled material and replacement stones as necessary, and backfilling of the wall with a granular backfill. An area drain at the top of the wall will also be included in the project to intercept runoff from the properties behind the wall. As a result of this project, the City of Dubuque will likely realize the following benefits: 1. The installation of an area drain and drop structure will serve to concentrate runoff and transfer it to the alley level. This will likely result in reduced maintenance of the alley, and reduce risk of further erosion. 2 The construction of the wall will be in the same location as the existing wall, which is reportedly behind the property line (i.e. some of the alley is currently on the above property). Reconstruction in this location will preserve the width of the existing alley and maintain public access including access for emergency vehicles, and garbage pickup. 3. The existing asphalt surface on the alley is in very poor condition. As a result of the excavation required for this project, a portion of the surface will be replaced, further reducing maintenance costs until such time that the alley pavement is reconstructed. If you have any questions, please feel free to contact our office. hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Sincerely, IIW, P.C. Bradley J. Mootz, P.E., S.E., C.F.M. Iowa Reg. No. 18076, renewal 12/31/2011 Copy: Rick Dickenson IIW, P.C. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE/SE* Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE/AIA John M. Tranmer, PLS Timothy J. Tranel, PE* John F. Wandsnider, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE/SE* Bradley J. Mootz, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE/SE* Steven J. Hunn, PE * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS ijw WEST BEND A MUTUAL INSURANCE COMPANY July 28, 2011 Robert and Katy Wethal 560 Fenelon P1 Dubuque IA 52001 THE SILVER LINING® Claim Number: AD52463 Policy Number: HHJ 5847752 00 Date of Loss: 07/28/2011 Loss Location: 560 Fenelon Pl, Dubuque IA Description of Losses: Pressure /weight of water caused retaining wall damage Dear Robert and Katy Wethal: We have completed our investigation of your claim for retaining wall damage.. The damage was caused by the weight or pressure of water. Unfortunately, this is specifically excluded in your policy. Although your policy provides broad protection for your home, there are some losses we do not cover. Please see your policy (HO 00 03 Z 01 07), specifically page 08 of 22 where it states: SECTION I — PERILS INSURED AGAINST 2. We do not insure, however, for loss: c. Caused by: (2) Freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (a) Fence, pavement, patio or swimming pool; (b) Footing, foundation, bulkhead, wall, or any other structure or device that supports all or part of a building, or other structure; (c) Retaining wall or bulkhead that does not support all or part of a building or other structure; I900 S. IBth Ave. 1 Nest Bend, W1 53095 ph (262) 334 -5571 I (800) 236 -5010 thesilvcrlinitw.com Proj. Name: Proj. No.: Bid Date: Bob & Katy Wethal 560 Fenelon Place Dubuque, IA 52001 Bob & Katy Wethal - Retaining Wall Repairs August 30, 2011 Owner: County: Location: Private Dubuque 560 Fenelon Place, Dubuque, IA easre .................. 1 Structure Removal 1.00 LS 10 6,300:.00 2 Excavation, Unclassified 275.00 CY )360.00 3 Graded Stone Base, 3/4" 44.00 TON 1:6.50: >< 726-00 4 HMA Alley Surfacing, 3" 20.00 TON 520 0.011 5 Bedding Stone, 12" 22.00 TON 6 Limestone (Salvaged) 216.00 SF x:00 85s100> 7 Limestone (New) 180.00 SF 040:i 8 Engineered Fill 550.00 TON 9 Satisfactory Soil 10.00 CY ................ 10 Sawcut Pavement 80.00 LF 11 Backfill, Topsoil 21.00 CY .................. 42 . ..................... 88200:> 12 Erosion Control Plan 1.00 LS 400.00 4©0.00.1 13 Traffic Control & Safety Control 1.00 LS 00:00::: 14 Mobilization & Misc 1.00 LS 3 800 00 <. 80(Y 00:> 15 Clearing & Grubbing 1.00 LS 700 00<1 1.700:00:1: 16 Removal of Cistern 1.00 LS i000-i00 otal Quote CONDITIONS Special Notes ccess from :Fenel.on omplete this'projeci< or means of aoces td the sife, any damages to existing. driveway, sidewalks, .: street er.properties is r�ot.included:ar d will tie the.hameowner s responsibrl ty fo removal & replacemei t. of.ttiese.damages Apra 6t} ft by 9{Ift of the asphalt alley is ineluded;ir this;b Bid Does Not I;nclude,:,; Seeding or landscaping of any kind ' emoval.of metal shad or any other; structures Removal or replacement of fencing for access to site Subdrain for drainage, 3eofo:am blocks, Concrete footing Thies Place and the asphalt alley below will ;be required Erin Rogers 4. abit .H1111111111111 ""'"""' 1 111111111' »�u t pr «c: LO-g/.1. 44 bPl 39d r a : wmia 4I-LI-fl'D :e1ep leafs :Dm Buwaho J ,L ¢z/< rC o.a nrn omnnipvwl: VMOI '3lonsna ):11,1c132:111WA ONINIV1321 3ON30IS32i 131-113M 12,13802) NOI1.32S 11VM M:IVNI1A1I1 d J ..o PDXIY1.0441117 ,74 aWMen r "I'll" a AVM 1.1.1reNIC 1411,10 J.W4 049 'kW Wattad 112il99at e1HF9„V 9 tOLAN , ,-, isvi It .33 ol 3641.1mi MUMG EY OWNER 11N SfOUa3am .t1