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July 16, 1975
He said he remembers standing in the area of the new addition being concerned
about water. Again, he thought they could waterproof and when they began excavation,
the water, soil and sand moved into the area. When it is dewatered it becomes very
firm. He said he discussed the problem with Mr. Skiba. The first excavations
for the basement were clean cuts and you could see where the water had once
stood, it appeared the sewer had taken the water down in the area and he felt
that thinks were in our favor and thinks it will begin to lower in the future.
He said Mr. Skiba had told him about a sanitary sewer pipe being 50' down with
gravel and the pipe being laid in gravel. With that, he speculated the water
problems would be taken care of. He said what happened here was an act of God.
We were blessed with rain that broke all records in June. Others have had
water problems also, it is unfortunate situation. To complicate things we
were caught with the excavation beside the building not being back filled enough
leaving a depression that gathered surface water and drew water into the
excavated area and caused real turbulance in underground water. Tremendous
water action caused a real load to the underground system. The water came
up 8" above the floor and then seemed to stop. The fluctuation and movement
of underground water caused the floor to heave. To save money he had limited
the landscaping to cover the excavated area.
Mr. Erickson of B -E said the west side of the building has an existing problem
beyond the area mentioned. A lot of water is still ponding there and it
needs to be filled or some type of swale installed to get rid of that water.
Mr. Walijarvi said that this was not included in the contract, and that
they admit fault for this as designers of the building. He said he thought
grading would be sufficient because the areas was so flat and he didn't anti-
cipate the percolation of water so rapidly.
Mr. Walijarvi said they are to supply B -E with what is to be done to take
care of the situation.
Mr. Miller said that a solution is underway. B -E is concerned about whether
the City is going to take a firm stand at this point.
Attorney Meyers said the City is regulated by statutes and the contract and that
he can't see where there has been any evidence that the City is at fault.
Mr. Miller said it is the City's property, and until someone can point to who
is at fault what happens in the meantime.
Attorney Meyers said a court of law may have to determine who is at fault. The
City if bound by contract.
Mr. Miller said B -E had all the confidence in the world with Mr. Walijarvi and
that the contract is with the City. They are being asked to do work with
no assurance where payment is to come from.
Attorney Meyers said that B -E must complete its contract with the City. If
they won't then the City would have to go and get someone else to do it under
the terms of the performance bond. We don't know who is going to pay for it,
and it may take a couple of years before it is determined who is going to pay.
Mr. Walijarvi said they are probably as responsible as anybody. Whether
he can plead no experience in this particular instance he doesn't know.
B -E already indicated they will finish their part of the contract.