Claim Response Hartig, RichardBARRY A. LINDAHL, ES(~. '
CORPORATION COUNSEL,~CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Richard J. Hartig
Mayor Terrance M. Duggan and
Members of the City Council
October 14, 2002
Claim Against the City By Hartig Drug Company, filed by Richard J. Hartig
Date of Claim Date of Loss Nature of Claim
10/04/02 06/04/02 Property Damage
This is a claim in which claimant states that during the Main Street Reconstruction
Project, Portzen Construction unearthed a large concrete pit or bunker under the
sidewalk, left it uncovered overnight dudng which a rainstorm occurred, resulting in the
flooding of the corporate offices at Hartig drug Company.
According to the report of Mike Koch, Public Works Director, this claim relates to the Main
th th
Street - 5 to 9 Reconstruction Project that is being done by Portzen Construction, Inc.
The contract called for the standard form of contracts and bonds with the City, which
require the contractor to hold the City harmless from any claims of damage resulting from
the work.
It is therefore the recommendation of Mike Koch to forward this claim to Portzen
Construction, Inc. for its consideration. The Legal Department concurs with this
recommendation.
BAL/tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Mike Koch, Public Works Director
Richard J. Hartig
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 11,2002
TO:
FROM:
SUBJECT:
Tracey Stecklein, Legal Department
Michael A. Koch, Public Works Director ~1-~ ~,~t~
Claim Against the City of Dubuque by Hartig Drug Company, Filed
by Richard J. Hartig
This claim relates to the Main Street - 5th to 9th Street Reconstruction Project that
is being done by Portzen Construction, Inc. The contract called for the standard
form of contracts and bonds with the City, which require the contractor to hold the
City harmless from any claims of damage resulting from the work.
Therefore, it is the recommendation of the City Engineering Division that this
claim for damages be forwarded to Portzen Construction, Inc. for further
consideration/processing.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.
MAK/vjd
cc: Michael Felderman, Civil Engineer
Attach.