Claim by Superior WeldingTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN ,rlp
PARALEGAL J~~
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 2, 2009
RE:
Claimant
Claim Against the City of Dubuque by Superior Welding Supply Co.
Superior Welding
Supply Co.
Date of Claim
03/19/09
Date of Loss
03/18/09
Nature of Claim
Property Damage
This is a claim in which the claimant alleges that water flooded the Superior Welding
Supply Company site due to excessive water hammer causing the backflow device to
fail.
According to the report of Bob Green, Water Department Manager, Water Department
records indicate normal operation in flows through the system. It is Mr. Green's opinion
that the backflow device referenced by claimant may have been a faulty device.
Additionally, it is Mr. Green's understanding that Superior Welding had its plumber work
on its backflow device at least twice prior to its failure.
It is therefore the recommendation of Mr. Green to deny this. The City Attorney's Office
concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Bob Green, Water Department Manager
Superior Welding Supply Co.
THE CrrY OF Dubuque
DuB E
Masterpiece on the Mississippi
2007
TO: Barry Lindahl, City Attorney
FROM: Bob Green, Water Department Manager
SUBJECT: Superior Welding Claim
DATE: March 31, 2009
In review of this claim with staff, I find no reason that justifies that the City Water
Department is responsible for this damage.
Records show normal operation in flows through the system.
It is my opinion that this may have been a faulty device.
In addition, it is my understanding that Superior Welding has had their plumber recently
come and work on this device at least twice prior to its failure.
In reviewing the facts, it is my recommendation that this claim be denied.
Please let me know should you have any further questions.
Thanks.
BG:ve
cc: Mike Brekke, Water Distribution Supervisor
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.
The claim must be filed with the City Clerk at City Hall, 50 West 13t" 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: Superior. weldir~~>>~n7~, ~~:
2. Address: 465 East 12th St
3. Telephone Number 556-7461
4. Date of Incident: 3-18-09
5. Time of Incident: Backflow device failure! ! ! ! ~ ~ OCR A`~
6. Location of Incident (Be specific):
465 East 12th 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~ive~
the employee's name.) ~`<_ ~
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8. What were weather conditions like? D `~
9. Give name and address of any witnesses:
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10. Did police investigate? (If so, give names of officers.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
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.)
13. What other damages do you claim, if any?
To Repair and Replace backflow device ner midwest back flew
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.)
NO
15. What amount do you claim from the City of Dubuque?
$354.97
16. Why do you claim the City of Dubuque is responsible?
.They caused Excessive Water hammer to our Lines Which caused the ~~
device to fail and flood our facility.
Also see attached reUOrt and contact mi.1r.P hrPCke hPa~i of wat r d;~ ribution./
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?
Dated this ~ ~ day of M A~ C~
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(Sigp~ ture) ~
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(Print Name) `~
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SUPERIOR'~ELDING SUPPLY CO.
465 ~. 12th St.
P.O. Box '764
DUBUQUE, IA 52001-491
Midwest Backflow Services
P. O. Box 672
Dubuque, IA 52004-0672
Bill To
Superior Welding Supply Co
Accounts Payable
465 E. 12th St.
Dubuque,lA 52001
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Quantity Description
1 Watts 009 3/4" RPZ Baclcflow
1 Conbraco pressure reducing valve
1 1/2 x Close Brass Nipple
1 314" FTG x MII' adapter
Iowa Sales Tax
Date
3/18!2009
PO # Terms
Net 30
' Rate
225.71
87.53
3.80
14.71
7.00%
Invoice
Invoice #
2617
Due Date
4/18/2009
Amount
225.71T
87.53T
3.80T
14.71T
23.22
Total $354.97
Terms: All accounts are due & payable 30 days from invoice date. Accounts 30 days or more past due are subject to a fmance charge of 2% per
month or 24% per annum. All collection fees incurred will be the responsibility of the above named companyperson or persons responsible for
payment. This may include but not limited to attorney fees, court costs, fines,penalties, late fees.
Midwest Biackflow -~ervices
P.O. Box 672 Dubuque, Iowa 52004-0672
Ph: (563) 690-0996 Fx: (563) 690-0638
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March 18, 2009 ~ c~
Replaced domestic water backflow device due to excessive water hammer which caused
damage to the backflow beyond repair. Installed a pressure reducing valve to prevent this
from happening again.
Thank you,