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