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HomeMy WebLinkAbout13 CLAIM OF SCE 06-05-07Agenda Item 13 ,.-----~, • Reviewed: ~~ } City Manager ~~~~ ~ ~ ~~`~~ ~ Finance Director _, ..: MEETING DATE: JUNE 5, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. VAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM N0.07-11 SUMMARY: The Claimant reported that a City of Tustin Sub-Contractor, while using a grading machine, damaged a new manhole cover and cement neck to a Southern California Edison structure. This Claim has been submitted in an estimated amount of $5,000.00. RECOMMENDATION: That the City Council deny Claim Number 07-11, Southern California Edison, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff and the City's Claims Administrator have investigated this claim and determined that the above damage occurred at a location where FCI Constructors, Inc. were working on a street widening project. This claim has been tendered to FCI Constructors, Inc. for review and handling. In the absence of liability against the City of Tustin, Staff is recommending denial. onald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-11 ConsiderationOfClaimOfSouthernCaiiforniaEdison07-11. doc • • CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) eived Via: U.S. Mail ^ Inter-Office Mail _ Over the CQUOter _ ~ n~ Time Stamp: Claim No, ~'1 ~ --~ r~ e.~~ F~ PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the City of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later 6 months after the occurrence (Government Code § 911.2). D, Claims for damages to real property must be filed no later than one year after the occurrence Government Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person . acting on hislher behalf and shall provide the information shown below and must be signed by tfie claimant or a person on his behalf Government Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be~mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1, Name and Post -Office address of the Claimant: Name of Claimant: ,~Ut,~,-~.~,~,/~ iL ( C~-~-~~ ~ ~' n t r~ ~' c~- L s ctv~ C' ca r-~ ,~ u n ~ Home Address• y? () -~ U~. %(~v IeJ S E' /~'12~c. Z Cy ~ G1 / '7 7 v Home Telephone: Work Telephone: (~~ (G -,3()~ - (o~,s 3 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above} ~ Name of Addressee: ~ ~~l~,c ~ v~ (K (~ .fie art t ~ ~c~ ~s v~Co Telephone: ,~ ~ (~ - ~3 t~ 2 ~, r15 ~ Post Office Address: ~ . (~ ~ /3 U '~ ~'1 U J l~ U ~ e //~ e ~c Z ~= GI / ? ~ 3 3. The date, place and other circumstances of the. occurrence or transaction from which the claim arises. Date of Occurrence: ~. ~ ~--~~~ ~, Time of Occurrence: Location: ~~~~~ Sr~c~~ ~'~_rrt ~ ~v ~b~ ~ ~-~~ ~ f u- ~ ~~,-~~Pwa ~~~~ , Circumstances giving rise to this claim: ~'~ r -{-rl~ Gai' Vii' J~ T~CS~i~/ 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. ~. Page 1 of 4 • 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. ~i~l'~,~/142V"~'1 C_~N~'1 ~l~`~cGT~~'~' -~T/'7 Ci ~ c~~ ~L-t..S .t../ . . 6. elf amount_:claimed totals less_ han :$_10;000: Provide he .amount claimed -if_~it- otalsless Ethan ten thousand dollars $10,000 as of the date of your claim, including the estimated amount of any related potential future injury, t ) damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: 77j ~C ~-P ~~~vC~' ~ ~ ,~t'G ~«~~ ~~t ~L1 Guar ~ ~lt~ U rr~tG P C.S~i/Y1u~Pc' /~-/Y/ c~a~..1.-~ s~ ~ Gjd J . "~ If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimi#ed civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ^ Limited Civil Case ^ Unlimited Civil Case You are re wired to rovide the information requested above in order to comply with Government Code q P §91 D. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: f ~~ ~ 8. If the claim involves medical treatment for a claimed injury, please rovide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Telephone: /~C Claimant(s) Auto Ins. Co.. /~ Address: Insurance Policy No.: ~ r Insurance BrokerlAgent: ~ Telephone: Address: Claimant's Veh. Lic. No.: Vehicle MakelYear: Claimant's Drivers Lic. No.: ~ ~~ Expiration: If applicable, please attach any repair billsjestimates or similar documents supporting your claim. Page 2 of 4 f READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "Xu ,and by showing house numbers or .distances to street~corners. ~If CitylAgency-Vehicle was involved; designate-by letter "A" location of CitylAgency Vehicle when you first saw it, and by uB" location of yourself or your vehicle when you first saw CURB CitylAgency Vehicle; location of CitylAgency vehicle at time of accident by "A-1" and location. of yourself or your vehicle at the time of the accident by NB-1"and the point of impact by "X." NOTE; If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant, SIDEWALK CURB ~, PARKWAY SIDEWALK Warning; Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the CitylAgency may seek to recover all costs of defense in the event an action ~s filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: ~-~ /~ -~J Page 3 of 4 ............................ SaU~'HERN CALIfQRNIA ran EUrSUA' lNTERfb'A7'14N~L© C;c~mgan7 • Jaime Romero ~` ~ai~~~~r~ntative 2001 APR 23 A 9: ~2 April 18, 2007 200611885 CERTIFIED MAIL CITY OF TUSTIN CITY CLERK' S OFFICE 3 00 CENTENNIAL WAY TUSTIN, CA 92780 Reference: Date of Occurrence: Location: Our File No: Gentlemen: Tustin, City Of ~~~~~ ,~, .~ ~, ~'~ ~~°°~ ~~ ,. November 13, 2006 N/S Edinger Ave.-300' E/0 55 Fwy. Tustin, CA 200611885 Enclosed is our Claim Against a Governmental Agency in the estimated amount of $5,000.00. 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 envelo e. Please reference our file number, 200611885, on all correspondence. p Sincerely, ~~ Jaime Romero enclosure P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6953 Fax (626) 569-2573 ~ ~ ... SOUTHERN GALIFQRNIA An EUI504ti` I,'~'7'~Pr'~'AT 1(3~r~Lo Company Our File No. 200611885 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 November 13, 2006 2. Location of occurrence N/S Edinger Ave 300' EIO 55 Frwy Tustin, CA 3. Cause ofdamage/loss Underground Damage - Dig In-Sub Contractor for City of Tustin while using Heavy Equipment//Grading Machine, damaged new man hole cover and cement neck to structure MH 5464816 4. Amount orestimate ofdamage/loss $5,000.00 5. Name and address (if known) of public Unknown Sub-Contractor for City of Tustin employee or agency causing damage All correspondence in regard to this claim should be addressed to: Southern California Edison Company (Claims Department) P.O. Box 900, Rosemead, California 91770, Attention: Jaime Romero VERIFICATION AND CERTIFICATION State of California, County of Los Angeles (ss.) Jaime Romero, 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 read the foregoing claim and knows the contents thereof; and that the same is true and correct ofhis/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 true. P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6953 Fax (626) 569-2573 SOUTHERN GALIFQRNIA r1n EUISUly 114'7'k'l~r'~'AT'IUh'r3L©Cc,~upany STATEMENT April 18, 2007 200611885 City Of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780 Cost to repair and/or replace facilities damaged on November 13, 2006; located at N/S EdingerAve. 300' E/0 55 Frwy Tustin, California. Esti~ctated cost $5,000.00 P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 30216953 Fax (626) 569-2573