Claim Hartig Drug CoCLAIM 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 W. 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: Hartig Drug Co.
2. Address: 703 Main St.
3. Telephone Number: (563) 588 8700
4. Date of Incident: 6 04 02
5. Time of Incident: A.M.
6. Location of Incident (Be specific): 703 Main ST.
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.)
Main St. Reconstruction Project; Portzen unearthed a large concrete pit or bunker under sidewalk and
left uncovered overnight. Large rainstorm filled up pit and it flooded our
corporate offices.
8. What were weather conditions like?
Rain
9. Give name and address of any witnesses:
Mike Portzen, Tom Clark, All Hartig Corp. Employees.
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.)
Carpets soak with several inches of water, carpet "squares" came up.
13. What other damages do you claim, if any?
Cracks in plaster from Plaza demolition activities
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?
$925.99 plus plaster repairs (undetermined)
16. Why do you claim the City of Dubuque is responsible?
City Awarded project to Portzen
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Yes, Portzen Construction; Claim refused.
18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount?
Dated at Dubuque, Iowa this 2nd day of October, 2002. , 20 .
/s/ Richard J. Hartig
(Signature)
(Print Name)
(Rev. 1/00 & 7/01)
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
2_ Address:
3. Telephone Numbe~.
4. Date of Incident
5. Time nf Incident
6. Location o~ Incident (Be specific):
This w~tten report constit~P, es your claim against the City of Dubuque, Iowa. You should complete this form in
foil and attach any ad~tionat information that supports your claim.
The claim must be filed with the City Clerk at City Hail, 50 West 13~h St, Dubuque, IA 52001. it will then be
referred to the appropriate ~ant for investigation and to the Legal Deparlment Once that investigation
is completed, a repott and recommendation will be submitted to the City Council. You wiX be provided with a
copy of that mp~t and recommendation_
The final decision on all clams 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. Nome of Claimant ~,~_~-~ ~e,~ ~-~.
7. Describe the accident or occurrence that caused injmy or damage. (Give full datails upon which you base
your claim. If a City employee was involved, give the employee's name.)
8. W'nat were weather condJtJons [~ ke?
9. Give name and address of any witnesses: /Vt ['V-~.
10. Did police inves~gate? (if so, give names of officers.)
11. Was anyone injum~. (if so, give names, addmssus, and extent of injuries).
12. Was any damage done to properb/?. (If so, describe property and the extent of damages. Attach estimai~s
of damagas or describe basis for ascertaining extent of damage.)
13. What other damages do you claim, If any?. ¢~,~.c~ .~
~ ¢.~-~. ;~r~-.~
http://www.citTofdubuque.org/printer_friendly.cfm?pageid=t55
9/30/2002
Claim Form Page 2 of 2
14. Have you been compensated for any pat or all of your claim by any insurance company?. (if so, cjwe
name and address of inaurance company and amount paid.)
15. What amount do you dalm from the City of Dubuque?
16. Why do you claim the City of Dubuque is responsible?
17. Have you mede any claim against anyone else for damages as a result of this incident?. (If yes, give name
and address.)
18_ If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what
amount?.
Datedthis ?--~--~ dayof Oc-~e.R-- .,20b'~-.
(Signature)
(Print Name)
http :l/www. city ofdubuque, erg/primer _friendly. cfm ?pagei d= 155 9/30/2002
Hartig Drug Company
P.O. Box 709
Dubuque, IA 52004-0709
563-588-8700 fax 563-588-8700
Invoice No.
~- Customer j ~-Date 09/15/1999
IName Portzen Construction
i Address I Order No.
IRep
C~ ~.0.B
Lhone StateZIP
Qty t Description T Unit Price TOTAL
; 1 Ron Jungers Billin§ for Removing & Replacing Carpet $405.00 $405.00
1 Service Master Bill - Extraction of Flood Water, Fan $149.99 $149.99
i and Ozone Machine Rental
~ 1 $350.00 $350.00
Service Master Carpet Cleaning
Portion of Service Master Bill $21.00 $21.00
on
Carpet
Cleaning
t SubTotal $925.99
Shipping & Handling J
Taxes
TOTAL $925.99
Office Use Only
SERVICEMASTER/BANFIELD SEVEN HILLS *** INVOICE ***
INC.
Number : 102835 - Invoice ·
Account= HAR00
Slm# = HOUSE
Date=
Page:
Order Date=
08/15/2002
1
08/01/2002
Bill To:
HARTIG DRUG CO.-EXECUTIVE OFF.
P.O. BOX 709
703 TOWN CLOCK PLAZA
DUBUQUE, IA 52004-0709
Ship To:
HARTIG DRUG CO.-EXECUtIVE OFF.
P.O. BOX 709
703 TOWN CLOCK PLAZA
DUBUQUE~ IA 52004-0709
Description ~ Customer PO Number ~Sales Ord IShipping Instructions
Invoice ~ ~ !
Code Quanti'ty UM Description Price Amount
FLOOR 1.00
STRIP & REFINISH WITH FIVE (5)
COATS OF FINISH ALL HARD FLOOR
SURFACES, MACHINE SCRUB ALL
STEPS, MACHINE SCRUB CERAMIC
TILE UPPER & LOWER LEVELS
AUGUST 14
$324.50 $324.50
CARPX 1.00
PRE-SPOT, PRE-SPRAY, ROTARY
PILE LIFT & TRUCK MOUNT
EXTRACT ALL CARPET ON LOWER
& UPPER LEVELS
$350.00 $350.00
HAPPY FALL!!
EXTENSIONS ] T,q.~$PORTATIONm PAID
Terms: NET 15TH OF MONTH Disc- ( 0.000): $0.00
Remit Payment To= Subtotal : $674.50
SERVICEMASTER/BANFIELD SEVEN HILLS INC. Tax (DUBUQUE)= $40.47
P. O. BOX 832 Freight : $0.00
DUBUQUE, IA 52004-0832 Less Deposit : $0.00
Amount Due : $714.97
STATEMENT
[~ Acco~.t With
(319) 552-2021
ROI~ ~N~ERS
20545 Park Hollow Rd. Rickardsville, IA 52073
SERVICEMASTER/BANFIELD SEVEN HILLS INC.
*** INVOICE ***
~oNum.b~er =' 102628 - Invoice Date= 06/01/2002
Account: HAR00 Page= 1
Slm# = HOUSE Order Date= 06/04/2002
Bill To: Ship To:
HARTIG DRUG CO.-EXECUTIVE OFF.
P.O. BOX 709
703 TOWN CLOCK PLAZA
DUBUQUE, IA 52004-0709
HARTIG DRUG CO--EXECUTIVE OFF.
P.O. BOX 709
703 TOWN CLOCK PLAZA
DUBUQUE, IA 52004-0709
Description ~ Customer PO Number ISales Ord ~Shipping Instructions
Invoice ~ I ~
Code Quantity UM Description Price Amount
MISC 1.00 EXTRACTION OF FLOOD WATER $97.50 $97.50
MISC 2.00 FAN RENTAL $10.00 $20.00
MISC 2.00 OZONE MACHINE RENTAL $12.00 $24.00
Terms= NET 15TN OF MONTH .Disc. ( 0.000): $0.00
Remit Payment To:
SERVICEMASTER/BANFIELD SEVEN HILLS INC-
P- O. BOX 832
DUBUQUE, IA 52004-0832
Subtotal = $141.50
Tax (DUBUQUE): $8.49
Freight : $0.00
Le$~ Deposit : $0.00
Amount Due : $149.99
3une 25, 2002
Mike Portzen
PortzenConstruction
205SalinaSt.
Dubuque,~ 52003
Dear Mike:
! received the enclosed bill from Servicemaster to extract the wa~er from our
office after "the pit" filled up during the recent rainstorm. ! still r,:cd to have the
carpet replaced in Keith's office and.cleaned throughout the rest of the office.
Do you have insurance which will. cover these expenses? Would you like to have
them handle this as a claim? I'd like some direddon please.
!'d also like to remind you about the wall cracks, in case you need to schedule
that repair.
Let me know how you would like to proceed. Thanks.
Sincerely,
Dick Hartig
September 9, 2002
Mike Portzen
Portzen Construction
205 Salina St.
Dubuque, ZA 52003
Dear Mike:
Here are all the bills from the ~ood." They add up to $925.99. Please remit to
address enclosed.
I'd also like to remind you about the wall cracks, in case YOu need to schedule
that repair. I have ~)t heard from Lam/Coyle.
Thanks.
Sincerely,
Dick Hartig
09/26/02
West Bend Mutual®
~ INSURANCE COMPANY · TIME TE~HaD SINCE 1894
Hartig USA Drag
P,O. Box 709
Dubuque, IA 52004-0709
Atto; Dick Hartig
Our Claim No.: BCI 0161660 RD
Our Insured: Portzen Construction, Inc.
Claimam: Hartig USA Dt-ug
Date of Loss: September 9, 2002
This letter is concerning the property damage claim and bills submitted for water damage to the
interior of your building at 703 Main Street in Dubuque, Iowa.
West Bend Mutual has investigated this matter and we do not believe that our insured was
negligem in its occurrence. It appears the water damage was caused by an excessively heax~
amount of rainfall on September 9, 2002.
We must therefore, respectfully deny any claim for damages that you may have as a result of this
incident.
Sincerely,
Bob Dav/s
Claims Supervisor
bdavis~wbmLcom
bd/Is349
P. O. BOX 1161 · DUBUQUE, IA 52001 · (319) 583-6727
703 Main Sm:et
P.O. Box 709
Dubuque, Iowa 520044)709
(563) 588-8700 * Fax (563) 588-8750
September 30, 2002
Barry A. Undahl, Esq.
City of Dubuque
300 Main Street, Suite 300
Dubuque, iA 52001
Dear Barry:
Enclosed please find correspondence regarding a problem we had during the
Main Street Reconstruction project.
A flood occurred dudng the sidewalk reconstruddon as a result of Portzen's
excavation of the old sidewalk. They left a large concrete"bunker~ or pit which
was under the old sidewalk open overnight and that evening it rained heaw'ly
allowing the pit to fill up, and ~.;';~h into our offices. The result was several
inches of water in our building.
Also, dudng the demolition of th~ concrete ~)lanters,~ the crew allowed the
substantial concrete vessels to drop from the vertical to the horizontal position in
order to break them into smaller pieces. The resulting jolt damaged interior
walls.
Until today, Mike Portzen has assured us that the cleanup and repair costs would
be covered, but as you will learn, his insurance is unwilling to perform. Does the
aty have the ability Coy virtue of Portzen's bending requirement for this pro'.]~'t)
to seek a remedy on our behalf?.
Thank you for your attention to this matter.
Sincerely,
Richard 3. Hartig
September 30, 2002
703 Main Street
P-O. Box 709
Dubuque, Iowa 52004-0709
(563) 588-8700 · Fax (563) 588-8750
Bob Davis
Claims Supervisor
West Bend Mutual Insurance Company
P. O. Box 1161
Dubuque, LA 52001
RE: Portzen Construction, Inc.
Your Claim # BCI 0161660 RD
Dear Mr. Davis:
Thank you for your prompt response to my correspondence. I understand that
your position is that your insured, Portzen, was not negligent in performing the
sidewalk excavation and recon~'u-ction. While you apparently conducted an
investigation of this claim, no one from your firm has spoken with me about this
matter. I agree that heavy rainfall contributed to the flooding, but proximate to
our building, Portzen had left an exposed and uncovered concrete bunker, which
filled up with rainwater ovemig~, flooding our offices.
While I agree that your insured cannot be responsible and therefore negligent for
a heavy rainfall, they were negligent in not protecting their excavation site from
damage that occurred as a result of the excessive rainfall.
As of this wdting, internal wall cracks have not been repaired, another result of
the Portzen Main Sb-eet ReconstTuc~on. Please let me l~now ;~ it is your client's
intention to deny responsibility for this problem as well.
Should you wish to discuss this matter, T may be reached at (563)588-8700
Extension 244.
Sincerely,
Richard 3. Hartig
CC: B. Lindahl