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Home My WebLink About05 CLAIM #03-31 11-03-03 Agenda Item 5 Reviewed: AGENDA REPORT City Manager ~ Finance Director i~ ,/~ MEETING DATE: NOVEMBER 3, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF TUSTIN FROM: CITY ATTORNEY SUBJECT: CLAIM OF SOUTHERN CALIFORNIA EDISON; CLAIM NO. 03-31 SUMMARY: Edison filed a claim in the amount of $2,702.52 for their costs to repair and/or replace facilities that were damaged at 14692 Carfax. Edison claims that the damage occurred as the result of broken/!eaking water main owned by the City of Tustin. However, the City's investigation indicates that it was Edison's faulty construction that caused the City's pipe to fail. While typically the utilities leave a six (6) inch separation between the pipe and the concrete they pour for their light pole, in this case, they poured their concrete from the light pole directly on top of and around the City's pipe. It is estimated that the weight of the concrete on top of the pipe cause the pipe to fail that therefore any damages caused to Edison's pole due to the City's pipe failure was entirely their fault. RECOMMENDATION: After investigation and review by this office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. ATTACHMENT: Copy of Claim LOIS E, JEFFREY//' //~' 0 cc: William A. Huston, City Manager 176263.1 (~ Office of the City Clerk " ...... City of Tustin September 29, 2003 300 Centennial Way Tusti~, CA 92780 Alex Barrios 714.573.3026 Ward North America, Inc. FAX 714.832.0825 P.O. Box 2422 Tustin, CA 92781-2422 Re: Transmittal of Document(s) Claimant :Southern CA Edison City Claim No: 03-31 Filed With City: 9/29/03 ,X Receipt of CJairn/Summons/Complaint By: Certified Mail 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, Cibj 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 reports 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 29, 2003 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Marcia Brown City Clerk's Office EAc~rvdms: {8s el~o'~e) C: City Attorney Department Finance Department (orig copies) September 24, 2003 _ RECEIVED 200306501 Tustin, Ciey Of SEP 2 9 2003 ,C~RTIFIED M~TT. BY CITY CLERK'S OFFICE CITY OF TUSTIN ATTENTION: CITY CLERK 300 CENTE1VIqIAL WAY TUSTIN CA 92780 Reference: Date of Occurrence: 5/22/2003 Location: 14692 Carfax Tustin Our File No: 200306501 Gentlemen: Enclosed is our Claim against a Governmental Agency in the amount of $2,702.52. Please include our file number on your check. Thank you for your cooperation. Tarrani~ TF\ti~43 enclosure P,O. Box900 2244 Walnut Orove Ave. Rosemead, Calfforniag1770 (626)302-6808 Fax (626) 802-6988 CL003746667,doc STATE _lVIE____~ September 24, 2003 200306501 · CXTY. OF TUSTIN "ATTENTION: 'CITY cLERK 300 CENTENNIAL WAY TUSTIN, CA 92780 Cost to repair and/or replace facilities damaged on May 22, 2003; located at 14692 Carfax (near Sycamore), California. Cost to repair $2,702.52 TF\SC?54 CLOO3745668,doc SEP-29-2003 ~2:25 Lily ur ~u~ ,, ...... ~ ..... Index No. 200306501 CLAIM AGAINST A GOVERNMENTAL AGENCY The Southern California Edison Company, a corporation, is hereby presenting its claim for property damages to the City of Tustin, Attention: City Clerk. 1. The damage occurred on (date and time) May 22, 2003 at approximately 3:00 pm 2. Location 14692 CalteX (near Sycamore) in Tustin, CA 3. The damage occurred as a result of a broken/leaking water main owner by the City of Tustln. A City Representative (Talbot Hazard) contacted Southern California Edison to advise that the water main problem was compromising the stability of the street light pole. The pole was removed until the City complete;/Its repairs to the water main. ' ' 4. General description of property damaged street light pole (remove/install) 5. Amount or estimate of damage or repair costa $2,702.52 6. Name and address (If Imown) of public employee or agency causing damage City of Tusfin, Talbot Hazard, 300 Centennial Way, Tustin. CA 92780 All correspondence irt reqard to this claim should be addressed tq:. Southern'Cai lorn a Ed son Company, P.O. Box 900, Rosemead,_California 91770, Attention: Tarrance Frierson VERIFICATION AND CERTIFICATION · State of California, County of Los Angeles (ss.) claim and knows the content~ thereof; and that the ' Torrance Frlerson, being by me duly sworn, deposes same Is true and correct of hl~"~V~n Iti~"~w/edge, and says: that he/she Is Claims Representative for except es to the matters which· are therein stated upon Southern California Edison Company, a corporation, his/her information or belief, and aa to those matters claimant; that he/she has read the foregoing that he/she believes to be true, Claimant'" Signature GL 94-1 (pc) T1:'~SC758 CL003745669.doc ZNVOZCE CLAZH HUHBER~ ZNVOZCE NUMBERz ZNVOZCE DATE~ ~ORK ORDER~ COST TO REPAZR AND/OR REPLACE FACZLZTZES DAHAGED DH HAY 22~ 20D$~ LOCATED AT lq&92 CARFAX~ NEAR SYCAHORE~ TUSTZN. TOTAL LABOR CHARGES ( 19.'00 HAH-HOURS) :'" 1~324'99~ ~ROTORTZED AND CONSTRUCTTON EC~U~PHENT 2.00 HRS. CLERZCAL, HTNC & SERV VEH ;e,O0 HRS. CLERZCAL~ HTNC & SERV VEH :).00 HRS. PERSONNEL. LIFT'J:NG VEHZCLE 2.00 HRS, OH OR US VEH bl/DERRTCKS TOTAL HOTORZZED AND CONSTRUCTTON EQUZPHENT 159.01 CONTRACT NORK 1,,218.5Z --- TOTAL AflOUHT DUE --- CLA~ NUH~ER~ ZOO~-O&SOI-F~! INVOICE HUHBER~ 09-529-051 INVOICE DATEI 09-1&-2005 ~ORK ORDERI &229-8978 NORHAL OVER DOUBLE OCCUPATZON TZTLE TZHE TZHE TIHE AHOUNT HOURS HOURS HOURS CONSTRUCTZON/MAINTENANCE 1.00 .00 .00 ~&&.7& GROUNDHAN .OD .DO 2.00 117.82 GROUNDMAN A .00 2.00 .DO &&,7~ L~NEHAN .go ~.00 .00 LINEMAN .00 2.00 .00 1~.28 L~NEMAN~ APPRENTICE 2.00 2.00 .00 229.2! LINEMAN(RUBBER GLOVE TRAI 2,00 .DO .00 LZNEHAN(RUBBER GLOVE TR&! 2.00 .OD ,00 " · l&l.'~O ' LINEmAN'(RUBBER GLOVE ~RAI .00 2.00' .OD 155.6~