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HomeMy WebLinkAbout09 CLAIM C&A CESSPOOL 06-26 09-18-06 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: SEPTEMBER 18, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF C & A CESSPOOL & SEPTIC TANK SERVICE, CLAIM NO. 06-26 SUMMARY: The Claimant has reported that a City Contractor installed a water main and broke a sewer lateral line while doing so. The Claimant wants the City to pay the bill in the amount of $8,372.63 for locating, replacing and connecting the broken sewer line. RECOMMENDATION: That the City Council deny Claim Number 06-26, C & A Cesspool & Septic Tank Service, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Staff and the City's Claims Administrator do not believe that anyone at the City of Tustin authorized the work that was performed by C & A Cesspool & Septic Tank Service. It was concluded that the water main which the Claimant states crushed the sewer lateral was installed nineteen years ago, making liability for a crushed lateral line at this time extremely unlikely. As the Claimant is not the property owner and may not have any other standing to file this claim, it is being denied. ATTACHMENT: Copy of Claim No. 06-26 ConsiderationOfC/aimOfC&A Cesspoo/&Septic TankService. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) CITY OF TUSTIN ~ived Via: u.s. Mail Inter-Office Mail D Over the Counter Time Stamp: ZO% A"G 2 3 P 2: Ll q Claim No: ~-2(,p 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 than 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 the claimant or a person on his behalf (Government Cod~ ~ 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: Home Address: Home Telephone: Work Telephone: '7JJ/- 551/-b5>P.A 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Post Office Address: Telephone: 3. The date, place -and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: 1- IJ 1- (> b Time of Occurrence: Location: J ~ li{ 3'" E/ j z (} h eth It)n \J 111 s +-,',^- . G4 . 9~ 7"~ Circumstances giving rise to this claim: I ffiu-~~~:~ )~ l~ fLi ~~~ e ~~~ .);;-~. '. ~ - :. . ',;'- :3j _ --1. .,_ti: ~o,'v"--\,111AJ;L. 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. tJt~f;;}.IPOOL4 5J=:-PTle TA-a,J1I Sf=-R.V/tl~ ~1!f~.I1~eA --@.t< tJpaltL Page 1 of 4 .II <4- i;ft /i C!AU!f; (fjJ;{tf!'{R- Lt ( ! 9"l~L//)/.. 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, 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.) A Amou~t Claimed and basis for computation: 'ff ?5) ~ 1ft ./oJ 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 attomey fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP ~ 86.) . o Limited Civil Case o Unlimited Civil Case You are required to provide the Information requested above In order to comply with Government Code 1910. Additionally, In order to conduct a timely Investigation and possible resolution of your claim, the CI of Tustin r uests that ou answer the followln uestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: N/A 8. If the claim involves medical treatment for a claimed injury, please provide 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: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lie. No.: Claimant's Drivers Lie. No.: Vehicle MakeN ear: Expiration: If applicable, please attach. any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by liB" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-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. L SIDEWALK CURB CURB -.. PARKWAY SIDEWALK I Warning: Presentation of a false claim is a felony (Penal Code ~72). Pursuant to CCP ~1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code 9 911.6). The reason for delay in presenting the claim is: _A'.t Date Signature of Claimant Revised 12/2004 Page 4 of 4 8/21/20'. .: 14 PM FRat: Fax TO: 5549939 PAGE: 001 \ . C & A CESSPOOL. & SEPTIC TANK SERVICE .. N. MOlWTAIN VIEW, SANTA ANA, CA 12703 (714) ........2 LICENSE #372841-C42 CONTRACTORS INVOICE C & A CESSPOOL & SEPTIC TANK SERVICE 306 N. MOUNTAIN VIEW, SANTA ANA, CA 92703 (714) 5S4-8582 LICENSE t372841-C42 NO: DATE: 08/21/06 FROM: WORK PERFORMED AT: TO: CITY OF TUSTIN ATTN: BRIAN T. MCNAMARA CONSTRUCTION & MAINTENANCE SUPERVISOR WATER SERVICE DIVISION 1472 SERVICE ROAD TUSTIN, CA 92780 12832 ELIZABETH WAY TUSTIN, CA 92780 I DATE I YOUR WORK ORDER NO. I OUR BID NO. CHARGES FOR LOCATING, REPLACING AND CONNECTING BROKEN LATERAL AT 12832 ELIZABETH WAY, TUSTIN, CA 92780 EQUIPMENT: BACKHOE & OPERATOR -18 HOURS 0 $100.OOIHOUR CONCRETE SAW & BlADE -1 DAY 0 $84.OOISAW + $65.OOIBLADE DUMP TRUCK -1 DAY. S226.OOIDAY STREET PLATES, 6' X 8' - 2 0 S28.95IEACH JACKHAMMER & COMPRE$SOR - 1 DAY 0 S189.OOIOAY JACKS FOR TRENCH - 3 ..' . PUMP TRUCK (REMOVED SAND FROM .CLAY LATERAl..) MATERIAL: GRINOED & BLACKTOPPED STREET 1 SACK CEMENT -SLURRY, 4 YARDS SAND CLAY PIPES - 3 - 4" X 6'; 2 - CIIPLlCPLG; 1 - 4- X 10' NH SOIL PIPE TEMPORARY BLACK TOP - 7 BAGS 15% MATERIAL SURCHARGE LABOR (STREET): DAY 1 - 2 MEN, 8 HOURS EACH 0 $35.OOIHOUR DAY 2 - 5 MEN, 8 HOURS EACH. $35JlO/HOUR DAY 3 - 3 MEN, .. HOURS EACH. $35.OOIHOUR DAV -4 - 3 MEN, 4 HOURS EACH. $35.~OUR INSPECTION FEE, ETC. $ 1,600.00 149.00 228.00 53.90 189.00 126.00 256.00 $ 1,500.00 534.44 103.44 150.58 70.00 353.77 $ 560.00 1,400.00 420.00 420.00 280.50 TOTAL $ 8.372.63 All Material ;s guaranteed to be 18 specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completecJ in 8 substantial workmanlike manner for the agreed sum cA Eight Thousand Three Hundred Seventy-Two Dollars and Sixty-Three Cents ($8,372.63). This Invoice is due and pavable within thirty (30) days in accordance wfth our Agreement.