HomeMy WebLinkAbout10 CLAIM OF GAS CO. 10-07-02AGENDA REPORT
NO. 10
10-07-02
MEETING DATE'
TO'
FROM:
SUBJECT:
OCTOBER 7, 2002
180-10
R=5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM BY THE GAS COMPANY; CLAIM NO: 02-28
SUMMARY:
Consideration of the Claim against the City of Tustin by The Gas Company; claim
number 02-28.
RECOMMENDATION:
After investigation and review by the City's Claims Administrator, it is recommended that
the Claim be denied and that the City Clerk be directed to provide notice to the Claimant
and the Claimant's attorneys.
FISCAL IMPACT:
There is no fiscal impact in taking this action.
BACKGROUND:
The Gas Company alleges that a City Contractor, Ecology Construction, damaged their
services with a backhoe. The City is named as an additional insured on Ecology's
Insurance Policy and Ecology is obligated by its contract with the City to defend and
indemnify the City. This Claim has been tendered to Ecology Construction. There is no
liability on behalf of the City of Tustin.
ATTACHMENTS'
Copy of Claim.
Internet
16:05
WOODRUFF SPR~DLIN SMART
Office of the City Clerk
September 12, 2002
Carl Warren & Co.
P. O. Box 25180
Santa Aha, CA 92799-5180
Re:
IIII II II I ....
Transmittal of Document(s)
Claimant : Southern California Gas Company
City Claim No: 02-28
Filed With Oty: 09/12/02
__~ Receipt of Claim/Summons/Complaint
By: Regular Mail
714 855 ??87 P.05/06
RECEIVED
SEP 1 $ ~00~
WOODRUFF, SPRADLIN & SMART
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3026
FAX 714.832.0825
The enclosed records were presented to this office as indicated above and have been
referred to the appropriate City department for investigation and also to the offices of
Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are
authorized to commence the necessary investigation of this claim on behalf of the City.
we request that you give such notices as may be appropriate to the City's insurance
carrier(s) and further request that you submit your preliminary and all subsequent repo~
to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so
request. Upon receipt of 'advice from the City Attorney, we will plan to present this
matter to the City Council and/or take such other steps as are directed by the City
Attorney.
A copy of this letter and enclosures were sent on September 17, ?007 to the City Attomey
and Department Head, and the original was forwarded to the Rnance Department.
Sincerely,
·
Beverley White, CMC
Chief Deputy City Clerk
Enclosures: (as above)
C:
City Attorney
Department
Finance Department (orig copies)
0CT-01-2002 16:06
714 835 7?8?
96X
P. 05
0CT-0~-2002 ~6:0~ DDODRUFF SPRRDLIN $~RRT 714 8~ ??0? P.06/06
The
Company
~ ~Sempra Energy~
RETURN RECEIPT REQUESTED
City of Tustin
At,n: City Clerk
300 Centennial Way
Tustin, CA 92780
Southern C~llfornl&
Gas Company
PC) Box 60980
Los Angeles. CA 90060-0960
September 5, 2002
REFER ANSWER TO:
Hilda Rubalcava
OUR FILE NTIM~ER:
121782
WHEN DID DAMAGE OCCUR?
March 22, 2002
WHERE DID DAMAGE OCCUR?
105 E1Camino Real, Tustin
HOW DID DAMAGE OCCUR?
Ecology Construction, Inc., working for the City of Tustin pulled I"PE gas
service from transition fitting while trenching for conduit with backhoe.
WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY/CITY OFFICERS OR EMPLOYEES
CAUSED THE DAMAGE?
Failure to use precaution around existing underground substructures.
WHAT DAMAGE DO YOU CLA17~RESULTF~..?
Labor and materials from Company storeroom =o repair a I" plastic service.
WHAT AMOUNTDO YOU CLAIM ON ACCOUNT OFEACH ITEM OF DAMAGE?
Invoice to follow
OTHEa DETAILS? (Names and Addresses of Witnesses,
Telephone (213) 244-5123
etc.)
Date Signed
SIGN, DATE & RETURN ON~ COPY OF THIS FORM IN THE ENCLOSED ENVELOPE FOR OUR FILE.
R~ceived a Acknowledge~ by:
Signature: Date Received/Signed:
0CT-01-2002 16:07 714 835 7787 97Z
TOTAL P.06
P.06