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Home My WebLink About07 CLAIM 07-35 SCE 08-05-08AGENDA REPORT MEETING DATE: AUGUST 5, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM NO. 07-35 SUMMARY: It is stated in this Claim that unknown City of Tustin contractors struck and damaged Southern California Edison underground structures during their construction. The reported cost to repair and/or replace the Claimant's damaged facilities is $64,813.15. RECOMMENDATION: That the City Council deny Claim Number 07-35, Southern California Edison, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has investigated this report and determined that it was FCI Constructors, Inc. who were working on the street project at the locations where the damage occurred to the Claimant's property. This claim has been tendered to FCI Constructors, Inc., on behalf of the City of Tustin as an additional insured under FCI's general liability insurance policy. Staff is recommending denial of the claim at this time. Ronald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-35 ConsiderationOfClaimOfSouthernCaliforniaEdison07-35. doc SOUTHERN CALIFORNIA a _ Anna M. Torres E D I S 4 N CITY 0, ~; ~ ~ l ~ id Claims Representative An F.IJISON /NTERNA7lONAL® Company October 17, 2007 200707683 Tustin, City Of CERTIFIED MAIL CITY OF TUSTIN ATTN: CITY CLERK 300 CENTENNIAL WAY TUSTIN, CA 92780 Reference: Date of Discovery: On or about July 31, 2007 Location: Edinger, Del Amo, Newport Ave Tustin, CA Our File No: 200707683 Dear City Clerk: Enclosed is our Claim Against a Governmental Agency in the estimated amount of $10,000.00. When our actual costs are known, this claim will be amended. If additional forms are required for a claim of this nature, please forward copies, to my attention, in the enclosed return envelope. Please reference our file number, 200707683, on all correspondence. Sincerely, Anna Torres enclosure P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6978 Fax (626) 569-2573 SOUTHERN CALIFORNIA EDISON M E'I)ISON /NTERNA770NAL® (:ampany Our File No. 200707683 CLAIM AGAINST A GOVERNMENTAL AGENCY The Southern California Edison Company, a corporation, is hereby presenting its claim for damage/loss to City Of Tustin. 1. Date of occurrence/discovery On or about July 31, 2007 2. Location of occurrence Edinger, Del Amo, Newport Ave Tustin 3. Cause of damage/loss Unknown contractors working for and at the direction of the City of Tustin struck and damaged SCE underground structures during their construction 4. Amount or estimate of damage/loss $10,000.00 5. Name and address (if known) of public N/A employee or agency causing damage All corresuondence in regard to this claim should be addressed to: Southern California Edison Company (Claims Deaartment). P.O. Box 900. Rosemead. California 91770. Attention: Anna Torres VERIFICATION AND CERTIFICATION State of California, County of Los Angeles (ss.) Anna claim and knows the contents thereof; and that the same is Torres, being by me duly sworn, deposes and says: that he/she is a Claims Representative for Southern California Edison Company, a corporation, claimant; that he/she has true and correct of his/her own knowledge, except as to the matters which are therein stated upon his/her information or belief, and as to those matters that he/she believes to be read the foregoing true. Claimant's Signature P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6978 Fax (626) 569-2573 SOUTHERN CALIFORNIA EDISON® An EDISON INTI3RNATIONAL® Cumpany STATII~~NT October 17, 2007 200707683 City Of Tustin Attn: City Clerk 300 Centennial Way Tustin, CA 92780 Cost to repair and/or replace facilities damaged on or about July 31, 2007; located at Edinger, Del Amo, Newport Ave Tustin, California. Estimated cost: $10,000.00 P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6978 Fax (626) 569-2573 SOUTHERN CALIFORNIA EDIS4N® An F.DISON 1NTF_'RNAT/ONAL~ Company March 27, 2008 200707683 CERTIFIED MAIL CITY OF TUSTIN ATTN: CITY CLERK 300 CENTENNIAL WAY TUSTIN, CA 92780 Reference: Date of Occurrence: July 31, 2007 Location: Edinger & Newport Ave Tustin, CA Our File No: 200707683 Gentlemen: Anna M. Torres Claims Representative On October 17, 2007, we forwarded to your office our estimated Claim Against a Governmental Agency in the amount of $10,000.00. Enclosed is our amended claim in the amount of $64,813.15, which is the actual cost to repair and/or replace our damaged facilities. Please reference our file number, 200707683, on your check. Thank you for your cooperation. Sincerely, Anna M. Torres enclosure P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6978 Fax (626) 569-2573 ii0rU118M1 EI31 ~ ~~~ - I N V O I C E - CLAIM NUMBER: 2007-07683-TOR INVOICE NUMBER: 03-529-106 INVOICE DATE: 03-17-2008 WORK ORDER: 6529-8901 COST TO REPAIR AND/OR REPLACE FACILITIES DAMAGED ON JULY 31, 2007, LOCATED ON EDINGER, NEAR NEWPORT AVENUE, TUSTIN. -------------------------------------------------------------- ---------------- MATERIAL 1 LOT MISCELLANEOUS TOTAL MATERIAL $7.33 TOTAL LABOR CHARGES ( 71.25 MAN-HOURS) 8,988.68 MOTORIZED AND CONSTRUCTION EQUIPMENT 10.00 HRS. CARGO TRANSPORTING VEH. 10.00 HRS. CARGO TRANSPORTING VEH. 10.00 HRS. CLERICAL, MTNC & SERV VEH 10.00 HRS. PERSONNEL LIFTING VEHICLE TOTAL MOTORIZED AND CONSTRUCTION EQUIPMENT 385.75 CONTRACT WORK 55,252.78 MISCELLANEOUS DISBURSEMENTS MEALS FOR OVERTIME WORKERS 178.61 TOTAL MISCELLANEOUS DISBURSEMENTS 178.61 --- TOTAL AMOUNT DUE --- $64,813.15