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HomeMy WebLinkAbout04 CLAIM #03-39 01-05-04AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 4 MEETING DATE: JANUARY 5, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE C~TY COUNCIL FROM: CITY ATTORNEY SUBJECT: CONSIDERATION OF CLAIM OF FREDA ADAMS; CLAIM NO. 03-39 SUMMARY: Claimant alleges property damage to her tires and the alignment of her car when she drove through an area designated by workers on Irvine Boulevard, between Newport Avenue and Holt Street. She states that the area was filled with gravel and chunks of tar. The City had contracted with Radich Construction, ~nc. for work on the Irvine Boulevard Storm Drain - Phase I Project. If there is any liability, it is the responsibility of Radich Construction, pursuant to the contract between the City of Tustin and the contractor. This claim has been tendered to Radich Construction, Inc. 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 the 'Claim LOIS E. JEFFRE~/// 0 LEJ/blw Enclosure cc: William A. Huston, City Manager CITY OF TUSTIN ) CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property) The law provides generally that a claim r0ust be filed with the City Clerk of the City of Tustin within six (6) _months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. 'VVhere'space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to.the City Clerk, City of Tustin, 300 ' Centennial Way, Tustin, California 92780. WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK To the Honorable Mayor and City Council, City of Tustin, California: The undersigned respectfully submits the following· claim and information relative to damage to person and/or property: .. 1. a. Name of Claimant: b. Address of Claimant: ' - · ~ ? ,~ - d. Telephone Number: e.' Date of Birth: £~) ,-'~,- / ~'- f. Social SecuritY NUmber: ..~ - Name, telephone, and post office address to v~hich claimant desires notices to be sent (if other than above): This clai,~ is submitted against: a. v'/ The City of Tustin only. b. __ The following employee(s) of the City of Tustin only: The City of Tustin and the following employee(s) of the City of Tustin only: Occurrence or event from which the claim arises: a. Date: /~-,/~- 08 - b. Time: /o,'~;~o.- A,~,, ~. . . c. Place(Exact. and Spec_.~fic Location): JD~z:,,¢.~¢~'/,./ /"¢r'~ta¢t~-/~,/E,4,~¢' d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional e. What_particular action by th, e city, or its employees, caused the' alleged damage or injury? Give a description of the injury, property damage or loss so far known at the tim.e of this claim. If there were no injuries, state "no inj_~urie, s". Give the name(s) of the City employee(s) causing the damage or injury: 7. Name and address of any other person injured: 8. Name and address of the owner of a[~y damage~l p~'operty: a. Amount claimed as of this date: ,-4 - ~ 6 W b, Estimated amount of future costs: c. Total amount claimed; ' ,/'")/aw' d. Attach bas s for computation of amounts claimed (include cop es of all bi'lis, invoices, estimates, etc.) 10. Names and addresses of all witnesses, hospitals, doctors, etc. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALS-E CLAIM (Penal Code Section 72; Insurance Code Section 558.0) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penalty of periury that the foregoing is true and correct. Claimant's Signature: ~ _ . Executed this ~)~/~.~) day of -~. ,.~ Date filed this day of , 20__ 2:CLAIM (1/00) CITY OF TUSTIN RECEIPT OF CLAIM Receipt of Claim/Summons and Complaint by the City Clerk's Office: Date: Time: 1 ~'-' -~ ~' ~..-~ - I By: ~~°na, Se~ice UPon the Undersigned Regular Mail Certified/Registered Mail City"(~l~rk's Office RECEIVED OEO 0 2 2003 WOODRUFF, SPRADLiN Office of the City Clerk December 1, 2003 Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Re; Transmittal of Document(s) Claimant : Freda Adams City Claim No: 03-39 Filed With City: 12/1/03 X Receipt of Claim/Summons/Complaint By: In Person The enclosed records were presented to .this office as indicated above and have been referred to the appropriate City depailment 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 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 December 1, 2003 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Marcia Brown City Clerk's Office Enclosures: (as above) C: City Attorney Department Finance Department (orig copies) WARD STRATEGIC CLAIMS SOLUTIONS December 11, 2003 Woodruff, Spradlin & Smart 701 S. Parker Street Suite #8000 Orange, CA 92868 Attn: Lois Jeffxey, City Attorney Principal : City of Tustin Claimant : Freda Adams Date of Event: October 15, 2003 Rec'd By City: December 01, 2003 Our File No. : 6561 083 A00166 City Claim No.: 03-39 We have reviewed the above referenced claim and request that you take the action indicated below: · CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the rejection letter. If you have any questions, please contact the undersigned. Very truly yours, WARD NORTH AMERICA Kristie Swaim (714) 544-0980 Ext. 144 kswaim~wardclaims.com CC: Ronald Nault, Director of Finance City of Tustin WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 WARD STRATEGIC CLAIMS SOLUTIONS PRELIMINARY REPORT December l 1, 2003 Woodruff, Spradlin & Smart 701 S. Parker Street Suite # 8000 Orange, CA 92868 Attn: Lois Jeffrey, City Attorney RECEIVED DEC 1 5 2003 WOODRUFF, 8PRADLIN & SMART FILE NO.: 6561 083 A00166 CITY CLAIM NO: 03-39 CLAIMANT: Freda Adams DATE OF EVENT: October 15, 2003 FILING DATE: December 01, 2003 PRINCIPAL: City of Tustin RECOMMENDED ACTION ON CLAIM: We are recommending under separate cover that the City send a standard rejection letter to the claimant. FACTS: Claimant states she was traveling on Irvine Boulevard between Newport Avenue and Holt Street. She drove through the only area designated by the worker to go through which was grated and filled with gravel and chunks of tar. Ms. Adams advised that her tires are now filled with tar and rocks, which is throwing offthe alignment and mining the tires. POSSIBLE CO-DEFENDANTS: Radich Construction, Inc. EVALUATION: Our investigation reveals no liability on the City ofTustin. Radich Construction, Inc were contracted by the City for the Irvine Boulevard Storm Drain- Phase 1 project. The Contract Agreement between the City of Tustin and Radieh Construction, Ine includes both an indemnification clause and names the City of Tustin as an additional insured. RESERVES: $500.00 TYPE OF CLAIM: GPD COMMENT/WORK TO BE COMPLETED: The claim has been tendered to Radich Construction, Inc. since the Contract Agreement includes both an indemnification clause and names the City of Tustin as an additional insured. A letter has been sent to the City recommending that a standard rejection letter be sent to the claimant. File waits confirmation that Radich Construction, Inc. has accepted our tender. Our next report will follow once we have confirmation the tender has been accepted. WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 Very truly yours, WARD NORTH AMERICA, INC (714) 544-0980 Ext. 144 Email: kswaim~wardclaims.com Cc: Ronald Nault, Finance Director City of Tustin WARD S~R~C CmUS so,orions December 11, 2003 Radich Constm.ct~rr;hic 4680 Los.~g~les Avenue, Simi y,t/~y, CA 93063 Re: Suite "O" Our Principal : City of Tustin Date of Event: October 15, 2003 Claimant : Freda Adams To Whom It May Concern: Ward North America, Inc. is the claims administrator for the City of Tustin whose representatives have received a claim for damages from Ms. Freda Adams. She states that she was traveling on Irvine Boulevard between Newport Avenue and Holt Street. She drove through the only area designated by the worker to go through which was grated and filled with gravel and chunks of tar. Ms. Adams advised that her tires are filled with tar and rocks, which is throwing offthe alignment and mining the tires. We have enclosed a copy of his claim for your review. Our investigation indicates that Radich Construction, Inc. was contracted by the City of Tustin for the Ir'vine Boulevard Storm Drain- Phase 1 project. Please be advised that we are tendering the handling of this claim on behalf of the City of Tustin. Pursuant to the Contract Agreement between the City of Tustin and Radich Construction, Inc. Article VII, Radich Construction, Inc. agrees to indemnify, defend and save harmless the City of Tustin and its personnel. In addition, Radich Construction, Inc also agrees to name the City of Tustin and its personnel additional insured. Thank you for your attention to this matter and please confirm in writing your acceptance of our tender. Very truly yours, WARD NORTH AMERICA, INC. Kristie Swaim (714) 544-0980 Ext. 144 Email: kswaim~wardclaims.com WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin. CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 Enclosure: Copy of claim fil~ with the Cit);ofTustin Cc: Lois Jeffrey, City Attorney Woodruff, Spradlin & Smart Cc: Ronald Nault, Finance Director City o f Tustin Cc: Freda Adams Cc: MFC&V Insurance Services P.O. Box 2815 Camarillo, CA 93011 Enclosure: Copy of Claim filed with the City of Tustin