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Claim by Pearl DublerTHE CITY OF DUB E Masterpiece on the Mis,si.ssinni BARRY LINDA CITY ATTORN MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: October 10, 2007 RE: Claim Against the City of Dubuque by Pearl L. Dubler Claimant Date of Claim Date of Loss Nature of Claim Pearl L. Dubler 10/09/07 04/07/07 Property Damage This is a claim in which the claimant alleges that the water main in the intersection of Muscatine and National Streets ruptured, which buckled the pavement causing the sewer manhole to collapse, resulting in water backing up into claimant's basement. 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 John Klostermann, Street & Sewer Maintenance Supervisor Pearl L. Dubler 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 CLAIM AGAINST THE CITY OF DUBUQUE, IOWA Claimant: Pearl L. Dubler Date of Incident: April 7, 2007 List of items attached 1. Claim form {2 pages) 2. Summary of costs incurred (1 page) 3. List of items lost or required to clean and dry basement (1 page) 4. (6) pages of receipts (copies) 5. Envelope containing (12) photographs of damaged basement ~j~ /~li~ G~~i z ~f~~ fD ,~~~ /r~yt~ ~ /' h ~ ~~; i~_. rCl~~ a~~~~O s.~;1~F~ ,~,~ Z C ~ I i"id 6 - .t~0 LO Jae"1l~J~~ CLAIM AGAINST THE CITY OF DUBUQUE, IOWA 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. This claim must be filed with the City Clerk at City Hall, 50 West 13"' 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: Pearl L. Dubler 2. Address: 2944 Muscatine St., Dubuque, Iowa, 52001 3. Telephone Number: 563-582-3744 4. Date of incident: April 7, 2007 5. Time of incident: Approximately 8:30 a.m. to 3 p.m. 6. Location of incident (Be specific): 2944 Muscatine Street, Dubuque, Iowa, Basement of home (3 rooms, 1 of which is a garage, plus bathroom) 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.) It is believed that the water main in the intersection of Muscatine and National Streets (adjacent to 2944 Muscatine Street) ruptured shortly before 9AM, April 7, 2007. This rupture buckled the pavement on National Street approximately twenty feet from the break and collapsed the sewer manhole in the middle of the intersection. The collapsed manhole obstructed the sewer line limiting its ability to drain the water away from the break. It is questionable if an unobstructed sewer line would been have capable of handling the water flow. 8. What were weather conditions like? Per the Telegraph Herald report of the following day, April 7 temperatures ranged from a low to 17 to a high of 35. There was no precipitation. 9. Give name and address of any witnesses. City Water Dept. workers City Fire Dept. workers Photos were taken by a city representative. 10. Did police investigate? {If so, give names of officers.) None known by me. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) No. 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.) The sewer line's inability to handle the water flow caused it to fill and back flow into the basement of 2944 Muscatine Street. The flow rate was high enough that the entire basement floor was covered in five to ten minutes. This short time span did not allow mean opportunity to attempt to minimize the damage. The Water Department was notified within fifteen minutes of the start of the flood. They were not able to isolate the water main leak by closing valves for two hours. After the valve closings, the water continued to flow in for an additional two to three hours. This means the basement was flooded for five to six hours, despite the Fire Department pumping water out, making everything on the floor or near the floor not only wet, but very wet and mud coated. The photographs taken the day after the flooding (included with claim) show the magnitude of the cleaning job and hence the amount of time and effort required to right the situation. The basement is used primarily for storage and was fully utilized. The filthy water soiled everything on the floor, damaging some items and destroying others. Items to be discarded had to be moved outdoors for waste pickup. Remaining items had to be moved so the floor could be cleaned, the items then had to be cleaned, and returned to their place on the now clean floor. The sheer quantity of items made the process very labor intensive. I am concerned about damage that may appear in the future as a result of the amount of flood water in the home for 5-6 hours and subsequent high humidity levels caused by the flood water and water from the tremendous amount of cleaning that took place. Of particular concern as to future durability and operation is ales-than-one-year-old freezer which was in the flood water and floor tiles popping loose. To aid drying and to address concerns about mold formation and to eliminate as much humidity as possible during the cleaning process, a new de-humidifier was purchased. Heavy-duty fans for rent were much more costly than a dehumifier. 13. What other damages do you claim, if any? None at this time. 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.) The homeowner had no coverage for this type of damage. 15. What amount do you claim from the City of Dubuque? $8678.41 16. Why do you claim the City of Dubuque is responsible? It was the City of Dubuque water main that failed causing the damage. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address) No, after verifying that the homeowner policy did not cover the damage. 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 ~C_+o ~u.,r , 20 O _~ (Signature) (Print Name) CLAIMS AGAINST THE CITY OF DUBUQUE, IOWA Claimant: Pearl L. Dubler Date of Incident: April 7, 2007 Summary of Cost Incurred Due to Sewer Backup, April 7, 2007 Cost Items $ 678.14 Items lost of required or required to clean or dry basement $ 890.78 Dubuque Area Steamatic ($45.00 per hour) $ 284.49 Mr. Rooter -unstopping drains _ $ 6,825.00 Cleaning labor ($30.00 per hour) S 8,878.41 Total CLAIMS AGAINST THE CITY OF DUBUQUE, IOWA Claimant: Pearl L. Dubler Date of Incident: April 7, 2007 Value Items: Lost or required to clean and dry basement $1.00 bedroom slippers {Paul) $5.00 dress shoes (Lewis) $1.00 shower shoes (Paul) $1.00 red & tan walking shoes (Pearl) $9.00 winter boots (Pearl) $5.00 rubber & cloth ankle boots (Pearl} $6.00 work boots (Lewis) $7.00 bedroom slippers (Pearl) $75.00 Christmas tree, fiber optic, 6 foot $20.00 Christmas tree, 6 ft, not pre-lighted $4.00 (4) boxes garland (for Christmas decorating) $2.50 (1) string Christmas tree lights $20.00 4 dozen Christmas ornaments $8.00 (8) strings antique Christmas lights $2.50 Christmas candelier $20.00 card table $3.00 chaise lounge cushion $5.00 bookcase $10.00 sewing stool/table $4.00 small rug (at entrance to "freezer" room) $7.00 welcome mat, unused $3.74 mini-blind, unused, 27x64, $3.74 ea $7.48 (2) mini-blinds, unused, 31x64, $3.74 ea x 2 $40.00 2 bushels unshelled walnuts $3.60 12 cans Dr. Pepper $3.00 10 cans Sprite $1.50 30 bio-degradable flower pots $4.50 (3) 3-legged wicker flower baskets $5.00 pine cones for crafting $48.00 120 issues Reader's Digest 50 year collection (1947-1997) $30.00 phonograph RCA Victor 9-JY $15.00 toys -Lincoln logs $13.00 toys -play school blocks $9.00 toys -Tinker toys $5.00 toys -colored, wooden beads (child's) $3.00 air mattress (for pool use) $19.20 48 rolls toilet paper $9.00 1/2 bag (20 pieces) "Depends" $6.40 (2) rolls plastic 2.7 mil, 10 ft x 20 ft, each $12.00 clothes pins (filled 2-1/2 gal bucket) $9.00 broom with red bristles (stored next to dryer) $5.00 toilet brush and plunger $14.00 {2) heavy-duty brooms $14.94 (2) rolls film and processing (for record of incident) $5.25 roll of large garbage bags (for clean-up) $16.50 (3) sponge mop refills (for clean-up), $5.50 ea $10.00 Bleach (for clean-up) $11.00 Detergent (for clean-up) $138.03 Dehumidifier (to dry out basement) 5678.14 Total Dubuque Area Steamatic, Inc. ~~~~ STEAMAT_I'C ~,~J BILL TO Pearl Dubler 2944 Muscatine St. Dubuque, IA. 52001 500 Huff St. P.O. Box 1164 Dubuque, IA 52004-1164 563-556-5821 P.O. NO. TERMS Net 10 Days ITEM DESCRIPTION 30185-WATER R Clean up of mud/sewage DBQ CTY SALES TAX DATE . 4/26/2007 DUE DATE TECH 5/7/2007 SERVICE DATE 4/10/2007 Invoice INVOICE # 14976 REP CO ! AMOUNT 832.SOT 58.28 ~.~ ~~4' ~~ ~~ ~=.~,~ t ~ ~ ~~ S > ~t~"' ~. We appreciate your business. Thank you. Total $890.78 P L U M B- 1 -N- d ~. ~. L1®A AJ,S i. (563) 5335080 CONTRACT/RETAIL INSTALLMENT ~ ~~~aa ~' F DATE: C~ / ~ ~~ / ~, ~ CUSTOMER NAME: ) ~ CUSTOMER NAME: _. ~ ADDRESS. ADDRESS: t`= ~ CITY n ,..~ ST,~,,,.,. ZIP JOB PHONE CITY ST ZIP OTHER PHONE SERVICE ~ °' .. 4 ~ PREV MAINT ~ EMAIL ~ TECHNICIAN (S). ~~ ~ - COMA ' ~ 1 < ;;-11{ ~ ~ I ADVAN-TAGE PLAN M@MBER EXP AUTH 0 CASH ~ CHECK Q BILLED AE MC VI DI CREDIT 7 - n ~ + '" ~3 t t~ ~ ~ ~~ ~ ~ CARD • ~ .-p~caue (sMAUI ESTIMATE O ~ s r # DATE CODE TRAIL ~ H/ SCRUB ER OPPORTUNITY CAL L ' • ' • I AGREETHAT INITIAL PRICE QUOTED PRIORTO START OF WORK DOES NOT INCLUDE-ANY ADDITIONAL OR UNFORESEEN TASKS , ( p CAMERA ) OWNER -- NOR MATERIALS.WHICH MAY BE FOUND TO BE NECESSARY TO COMPLETE REPAIR$:OR REPLACEMENTS"1 ALSO AGREETO HOLD MRi ROOTER OR ITS ASSIGNS HARM- p PIPE LOCATOR LESS FOR PARTS DEEMED CORRODED, UNUSABLE OR UNRELIABLE FOR COMPLETION OF STATED WORKTO BE-DONE.;1 HEREBY AUTHORIZE MR. ROOTERTO PERFORM PROPOSED WORK AND AGREETO ALL AGREEMENT CONDITIONS AS DISPLAY O T CE b E O CABLE MACHINE TENANT ~ ED N HE.FA AN REVERS SIDES OF THIS DOCUMENT AND FURTHER ACKNOWLEDGE l~ BACKHOE I ;• THAT THIS INVOICE IS DUE UPON RECEIPT. ~ ,, f ~ ` ~"~' /~ °~ ' ~ A I d d O r ' o TRENCHLESS .. ©'"iSYHER RESIDENTIAL _ - ._ n n e en en wned and O rated Franchise P Y Pe ~ ~ '-, ~ ~i ~. ~.x~~ • ~ ~~ ~ .r;,fi .r4 _. • COMMERCIAL ~ ~/ ^ .., ~ • • ~ • ~ ~ (m~~U..y > ~. _ r"` '.I /"~r~~~? e,. ~j~~ ~ ~` ..% ~ / i' ;T,;,~~ ~/~'"C ~ ~^" < .~~ r ~ ~ ~' ~'~ `-f ~ 1 ~ ' Cv /~ 1 ~ ~ ~ -<"~- , d ,_ . e , : z ~ , ,9 („ •4 9. ~, > / t i~ i ,, , :r a i~ r ~.~4 tF / ~ . t. 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Lowe's° LOWE'S HONE CENTERS, INC. 4100 DODGE Si. DUBUQUE, IA 52003 (563)588-8008 -SALE- SALES ~: S0117KR1 1127415 04-16-07 ,- 4687 WHIRLPOOL 25PT DEHUNIDIF 129.00 139.00 DISCOUNT EACH -10.00 SL'Bi0iAl: 129.00 TAX 32165 : 9.03 ' INVOICE 41481 TOTAL: 138.03 BRLANCE DUE: 13$.03 CASH : 140.03 CHANGE : 2.00 TOTAL DISCOUNT. 10.00 0117 TERMINAL: 41 04116107 15:03:58 # OF ITEMS PURCHASED: 1 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITENS h~I '~~ THANK YOU FOR SHOPPING LOWE'S RECEIPT REQUIRED FOR CASH REFUND. CHECK PURCNRSE REFUNDS REQUIRE S 4703 NAME t±~ o- G ADDRESS SHIP TO ~ ~, ADDRESS ~~~ ORDER NO. TERMS DATE WHEN SHIP SALESMAN BUYER HOW SHIP l/I/ 7~ ~ ~= -D ~- `~-~ D7 ~'~ 5' D~ c,.S / e ~~ ~" ~ S 3 i ~ ;~~~ ~ h~/~s o i ~/9D7 ~~~ REDIFORM 5L510 / 01510 Sq~ .......------- rM 1 4707 NAME ADDRESS ~ ~~ SHIP TO r- ADDRESS „ d ~ ~ ~~ ORDER NO. TERMS DATE WHEN SHIP SALESMAN BUYER HOW SHIP L` ~ 11U G [~ ,t ~'-~/ Gr f ,. 7-7-r'7 G" fads /~L /~j2s T /S l .S ~"/ , /~.C~ - ! 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