Claim by Portzen Construction dba Dubuque Plumbing~~,~ -
~~ ' BrownWinici<
ATTORNEYS AT LAW
July 9, 2008
City Clerk
City Hall
50 West 13th Street
Dubuque, IA 52001
Brown, Winick, Graves, Gross, 666 Grand Avenue, Suite 2000
Baskerville and Schoenebaum, P.L.C. Ruan Center, Des Moines, IA 5o3o9-z5io
direct phone: 515-242-2457
direct fax: 515-323-8557
email: rickert@brownwinick.com
Re: Chapter 573 Claim on Port of Dubuque Parking Facility and Ramp Project
Dear City Clerk:
I represent Portzen Construction d/b/a Dubuque Plumbing & Heating Company. Enclosed you
will find the claim Dubuque Plumbing and Heating is filing on the City of Dubuque's Public
Improvement Project called Port of Dubuque Parking Facility and Ramp, which is located
between Bell and 5th Street in Dubuque, Iowa. This claim is being filed under Iowa Code
Chapter 573. I ask that you have the appropriate person endorse receipt of the enclosed Claim
and return one file-stamped copy to my office in the enclosed self-addressed envelope.
If you have any questions, please give my office a call.
BPR:cak
Very truly yours,
--~...._
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Brian P. Rickert
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cc: Mike Portzen ~,
Matt Anderson ~--. r- ~ t-t
Kraemer Brothers, LLC c ~`~ _ ;_: ~
Travelers Casualty and Surety Company of America ~ ~;~ _
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Enclosures ?~ -=' -
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A Firm Commitment to BusinessT"' 5i5-242-2400 phone 5i5-283-o23i fax veww.brownwiniek.eom
Claim Form
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Ci~4iIVl AGAINST THE ~iTY ®F ®UBUQUE, IOWA
Page 1 of 2
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 daim must be filed with the City Cterk at City Hall, 50 West 13~' St., Dubuque, IA 52001. It will then be
refer-ed to the appropriate department for investigation and to the City Attorney's Office. Once that
invesfiga#ion 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 daims is made by the City Coundl. No employee of the City of Dubuque has the
authority to make any representation to you as to whether your daim will or will not be paid.
1. Name of ClaimantPortzen Construction d/b/a Dubuque P1 umhi ng & Heating Co.
2. Address: 205 Stone Valley Drive, ni,hn =„P, Town 52003
3. Telephone Number:
4. Date of Incident: See attached
5. Time of Inddent: See attached
6. Location of Inddent (Be spedfic):CitY of Dubuque PLb 1 i c TmprovPmPnt entitled Port of
Dubuque Parking Facility & Ramp, between Bell & 5th Streets in Dubuque.
7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base
your daim. If a City employee was involved, give the employee's name.)
See attached
8. What were weather conditions like? See attached,
9. Give name and address of any witnesses: See attache d
10. Did police investigate? (If so, give names of officers.)
No.
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.)
N/A
13. What other damages do you claim, if any? See attached
http://www.cityofdubuque.org/printer_friendly.cfm?PageID=155 6/12/2008
a
Claim Form
Page 2 of 2
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? $9 8 . 0 00 plus inter ,Costs and fee;
16. Why do you claim the City of Dubuque is responsible?See attached
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name
and address.)
No
18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what
amount?
Dated this ~_ day of July 20 0 8 .
r r/
a
(Signature)
it~ichael E. Portzen, President
(Print Name)
pr6nt phis page
http://www.cityofdubuque.org/printer_fi-iendly.cfin?PageID=155 6/12/2008
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CLAIM AGAINST CONTRACTOR
Under Provisions of Chapter 573
Code of Iowa
To: City Clerk
City Hall, First Floor
50 West 13th Street
Dubuque, Iowa 52001
We, the undersigned
Date: July 3, 2008
Portzen Construction, Inc. d/b/a/ Dubuque Plumbing and HeatingClaimant
Co.
1U5 Stone Valley Drive
Dubuque, Iowa 52003 Address
herewith files claim against
or Kraemer Bmtherc_ T .T .r
Subcontractor
Address
Prime Contractor
y25 Yark Avenue
Plain, Wisconsin 53577 Address
for labor and/or material furnished by us and used by said contractor in the construction of
the City of Dubuque Public Improvement entitled Port of Dubuque Parking Facility and Ramp,
between Bell and 5th Streets, Dubuque, Iowa
as per the attached itemized exhibit showing a net amount due of
Ninety-Eight Thousand dollars ($ 98,000.00
CLAIMANT'S AFFIDAVIT
STATE OF IOWA )
ss.
COUNTY OF DUBUQUE )
I, Michael E. Portzen, the President of Portzen Construction, Inc. d/b/a Dubuque
Plumbing and Heating Co., do solemnly swear that the several items mentioned in the within
statement and attached exhibit(s) are just, true, and wholly unpaid; that the Contractor has been
notified as to the amount, kind, and value of said services and/or materials so furnished and/or by
itemized invoices rendered to said Contractor during the progress of the work.
Portzen Construction, Inc. d/b/a Dubuque
Plumbing and Heating Co.
By: ~ ~ d
Michael E. ortzen, Presi nt
Signed and sworn to before me on July 3 , 2008, by Michael E. Portzen, as President of
Portzen Construction, Inc. d/b/a Dubuque Plumbing and Heating Co.
p~At s BRIAN P. RICK~RI"
o ~ COMMISSION NO. 702224
~ MY COMMISSION EXPIRES
~owA • ( •01
Notary Public in and for aid State
My commission expires: 3 • (x•09
Dubuque Plumbing & Heating
205 Stone Valley Drive - Dubuque, IA 52003 - Phone: 563-557-7642 Fax: 563-557-9048
Dubuque Parking Facility, Dubuque, Iowa
Contractor -Change Order Request
6l~ Change Order Request 1
~ecem ~er 2 ~7 Pages 1
Company: Attention: Phone: Fax:
Kraemer Brothers Ron Wunsch 608-5'16-2509
We propose to provide equipment, labor, and materials to complete the following change order:
Per the response to RFI # 80, Dubuque Plumbing & Heating is proposing to backfill all utility trenches
with approved backfill material. Our original quote included backfilIing these utility trenches with
spoils from the excavated trench. The geotechnical report states the existing soils are sandy and this
material could have been used to backfill the trenches.
This request includes: removing existing spoils, purchasing, trucking, placing and compacting new
backfill material.
Qty Unit Cost Total
1 Remove old /Add new Backfill 3500 tons $28.00 $98,000.00
Total Additions or (Deductions) from the contract: 98,000.00
Total Contract Adjustment requested: X98,000.00
If you have any questions regarding this proposal, please contact our office.
Sincerely,
Michael E. Portzen
President
Please Sign if Proposal is ACCEPTED
Kraemer Brothers
sign:
Date: