Claim by Portzen Construction 2 27 09,.
. ` Claim Form
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CLAIM AGAINST THE CITY ~I* QUBIIQUE, 40WA. Clay "'::1, ._; ~.~iC°
elte~this form. in
full and attach any additional information that support You cDlabm4ue, Iowa. Y~t ~
The claim must he filed with the City Clerk at City Hall, 50 West 13m StaDubu4s Off~c~ Once thraltth~ ~
referred to the appropriate department for investigation and to the City Homey'
investigation is completed, a report and recommendation will be submitted to the City Coundl. You will be
provided with a copy of that report and recommendation.
The final decision on aU claims is made by the City Council No employee of the City of pubuque has the
authority to make arty rBpresentation to You as to whether your claim will ~ will not be paid.
1. Name of Claimant'Portzen Construction d b/a TM~bl7anP P ~ r~mtii ng & Heating Go.
~ ~ra1 ~ Pv Drive .h ^„~ T^tieLa 52003_
2. Address: 0 5 Stone
3. Telephone Number.
4. Date oflndder>r See attached
5. Time of Incident: See attached
s.L.ocationoflncident(Bespedfic}:City of Dubuque p»t~~~ r TmDra~'PmPnt entitled Port of
Dubu ue Parking Facility & Ramp. between Be1'i ~~ S__~?eets in Dubuque.
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 imohred, give the employee s name J
See attached
8 What were weather conddions like? See attache d
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 desatbe basis for ascertaining extent of damage.)
N/A __
13. What other damages do you claim, if any? See attached
6/12/2Q08
httpJ/www.cityofdubuque.org/printer_friendly.cm~?PageII)=155
,Maim Form
14. Have you been compensated for any part or all of your claim by eny insurance company? (If so, give
name and address of insurance company and amount paid.)
No
Page 2 of 2
15. What amount do you claim from the City of Dubuque?
$153,184.25, plus interest, costs an ees
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? (ff 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 ~7 ~y of February ' 2009 .
,1~
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(Signature)
Michael E. Portzen, President
(Print Name)
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AMENDED CLAIM AGAINST CONTRACTOR
Under Provisions of Chapter 573
Code of Iowa
Date: February 26, 2009
To: City Clerk
City Hall, First Floor
50 West 13~' Street
Dubuque, Iowa 52001
We, the undersigned
Portzen Construction, Inc. d/b/a/ Dubuque Plumbing and HeatingClaimant
Co.
205 Stone Valley Drive
Dubuque, Iowa 52003 Address
herewith files claim against
Subcontractor
Address
or Kraemer Brothers, LLC Prime Contractor
925 Park 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 Fort of Dubuque Parking Facility and Ramp,
between Bell and 5~` Streets, Dubuque, Iowa
as per the attached itemized exhibit showing a net amount due of
One Hundred Fifty-Three Thousand One Hundred
Eighty-Four Dollars and 25/100s
($153,184.25)
r.
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. dlb/a Dubuque
Plumbing and Heating Co.
By: c
Michael E. Portzen, Preside
Signed and sworn to before me on February ~, 2009, by Michael E. Portzen, as
President of Portzen Construction, Inc. d/b/a Dubuque Plumbing and Heating Co.
~. A
~~~ rte. C~u , ~.~i.JG~
Notary Public in and for Said State
My commission expires: ~ (~ - ~ - C~
MONICA SCHMITT
Iowa Notarial Seal
Conunissio~. I~Turr~ber: 743178
My Commission Expires: 1 Q/3/2009
'• fi .
~' ~~ ~
Coa2unercial. Geaiera{ cx. Indaastrial Construction
Concrete Work -Walls & Flat~~ork
Pay in~~ - E~c~a~~ating -.- Stccl Building
2t)~ Stone Valley Dr. ~- C?aabuque. [A ~2t)(t3 -- (~63) ji7-7G~47 FA,~ (~63) Si7-90-18
February 27, 2009
Kraemer Brothers, LLC
925 Park Ave
PD BOX 219
PLAIN, WI 52577-0219
STATEMENT TO DATE OF PORTZEN CONSTRUCTION, INC. BILLING TO KRAEMER BROTHERS, LLC
Current Contract Amount:
Payments Received (to date):
Amount Owing:
Outstanding Change Orders:
Total Owing:
Separate Billings (ra.i.c.):
Attorneys Fees incurred (approx.)
Totals:
$511,346.00
($464.611.751
$ 46,734.25
$ 98.000.00
$144,73425
$ 4,250.00
$ 4.200.00
$153,184.25
Note: I received Kraemer Brothers, LLC Subcontract detail by Vendor report, it shows a check in the amount of $21,166.95
written ora January 27, 2009 check # 56243. But Portzen Construction, Inc. to date has not received that check so the above
statement is the accurate balance.
If you have any questions, please feel free to contact me at the above telephone number.
Respectfully submitted,
t". {
~4 j 2„r~WS~%•.a
President
;~ ' BrownWinick
ATTORNEYS AT LAW®
March 2, 2009
Brown, Winick, Graves, Gross, 666 Grand Avenue, Suite 2000
Baskerville and Schoenebaum, P.L.C. Ruan Center, Des Moines, IA 50309-25io
direct phone: 515-242-2457
direct fax: 515-323-8557
email: rickert@brownwinick.com
VIA FEDERAL EXPRESS OVERNIGHT DELIVERY
City Clerk
City Hall
50 West 13th Street
Dubuque, IA 52001
Re: Amended 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 an Amended Chapter 573 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 amended claim is being
tiled under Iowa Code Chapter 573 and supplements my client's prior claim. 1 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.
Very truly yours,
Brian P. Rickert
BPR:cak
cc: Mike Portzen
Matt Anderson
Kraemer Brothers, LLC
Travelers Casualty and Surety Company of America
Enclosures
A firm Commitment to Business'"" I 5~5-z42-z4oo phone 5i5-z83-o23i fax www.brownwinick.com