Claim, Portzen Construction, InThis 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, 50W. 13th St., Dubuque, IA 52001.
It will then be referred by the City Council to the appropriate department for investigation.
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: PORTZEN CONSIRUCTION~ INC.
2. Address: 205 SALINA ST.
3. Telephone Number: 557-7642
4. Dateoflncident: Week of 4/8/02 thru 4/13/02
5. Time of Incident: NA
6. Location of lncident(Bespecific):. Fengler Street Bridge Project
7. DESCRIBE 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.)
See attached letter
8. What were weather conditions like? N/A
9. Give name and address of any witnesses:
Bob Shiesl of the City of Dubuque was at the preconstruction meeting on April 8, 2002.
10. Did police investigate? (If so, give names of officers.) N/^
N/A
11. Was anyone injured? (if so, give names, addresses, and extent of injuries).
No
2002
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?
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?
$2,867.50
(invoice enclosed)
16. Why do you claim the City of Dubuque is responsible? Work was done on City property and was
not paid for from the General Contractor
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
An invoice was sent to:Taylor Construction: Inc. dated April 30, 2002, payment was not received to date.
not received to date.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
N0
Dated at Dubuque, Iowa this 25th day of
September , 20 02
/s/ Michael F. Portzen, President
'
(Print Name)
(Rev. 1/00 & 7/01)
Portzen Construction, Inc.
New Commercial & Residential Construction & Remodeling
Concrete Work - Walls & Flatwork -:- Roofing including Rubber Roof Systems
Excavating -:- Steel Building
205 SalinaSt. · P.O. Box 1426 · Dubuque, IA 52001 · (319) 557-7642 FAX (319) 557-9048
Incidents. involving the City of Dubuque "Fengler Street Bridge Project" between Portzen Construction,
Inc. and Taylor Construction, Inc.
Taylor Construction, Inc. verbally informed Bob Baumhover of Portzen Construction, Inc., that Portzen
Construction, Inc. would be Sub-contractor on the "Fengler Street Bridge Project" and was asked to be at the
pre-construction meeting on April 8, 2002.
A Sub-contract agreement was sent to Portzen Construction, Inc. prior to the pre-construction meeting on April
8, 2002.
Pottzen Construction, Inc. signed the sub-contract agreement and returned to Taylor Construction, Inc~ at the
pre-construction meeting, they said they would sign it and mail Portzen Construction, Inc. a copy.
At the pre-construction meeting, Taylor Construction, Inc. asked ifPortzen Construction, Inc. could start
immediately due to such a tight schedule. Portzen Construction, Inc. agreed and started removal of guardrail on
April 9, 2002.
A copy of the sub-contract agreement was not sent back to Portzen Construction, Inc. so Bob Baumhover of
Portzen Construction, Inc. made several calls to Taylor Construction, Inc. regarding the signing of the sub-
contract agreement and Jeff Yoder continually said he would check on it.
Prior to April 29, 2002, Charlie Taylor requested the sub-contract agreement from Portzen Construction, Inc. on
the "City of Dubuque River Walk Project", but due to the fact that the sub-contract was previously committed to
another sub-contractor for that project. Mike Portzen told him he could not award Taylor Construction, Inc. the
sub-contract for the "River Wall Project".
On April 29, 2002, Charlie Taylor then informed Mike Portzen that he no longer had the contract on the "Fengler
Street Project"
An invoice was prepared on April 30, 2002 and sent to Taylor Construction, Inc. for the work performed to date
on the Fengler Street Project
A letter was received on June 10, 2002 from Krista Taylor (enclosed).
The statement in the letter regarding calling the office, is a false statement, Portzen Construction, Inc. did at no
time receive a verbal statement from Krista Taylor or any other Taylor Construction, Inc. employee regarding
work to be put on held until further notice.
Respect~lly submitted,
Michael E. Portzen,
President
Taylor
Construction, Inc.
7314 Columbus Street - P.O. Box 110 · New Vienna, IA 52065 · 3I 9-921-2315 · Fax 319-921-3845
May 31, 2002
Portzen Construction, Inc.
205 Salina
Dubuque, IA 52003
RE: Fengler Street Bridge Project
Invoice # 0004667-IN
We received your invoice and wanted to know who authorized you to perform any work
on this project. On April 10, I called your office and said that no work could be done on
the above referenced project until further notice. The material removed is the property of
Taylor Construction, Inc.
Sincerely,
Krista L. Taylor
PORTZEN CONSTRUCTION, INC.
0004667-tN
04/30/02
TAYLOR CONSTRUCTION INC.
7314 COLUMBUS ST
P O BOX 110
NEW VIENNA, IA 52065
TAYLFEN
DESCRIPTION AMOUNT
FENGLEK BRIDGE PROJECT
REMOVAL OF GUARD
573.5 LF 65.00
2,867.50
INVOICE TOTAL 2,867.50