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2024-04-12 Melvin, Donald 916
PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 August 6, 2024 Don and Vickie Melvin 46-310 Golden Rod Ln. Palm Desert, CA 92260 REJECTION OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM RE: Claimants: Don and Vickie Melvin Our Client: City of Palm Desert Date of Loss: 2/22/23 Our File Number: CJP-3051305 LMV Dear Mr. & Mrs. Melvin: Notice is hereby given that the Application for Leave to Present a Late Claim which you presented to the City of Palm Desert on June 17, 2024 was rejected on August 5, 2024. WARNING If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez 1 Gloria Sanchez From:Andrea Staehle Sent:Saturday, August 3, 2024 10:56 AM To:Gloria Sanchez; Tim Varon Cc:Larry Mullen; Amber Molina Subject:Re: CJP 3051305 Don and Vickie Melvin Hello, The City agrees with the recommendation to deny the late request application. Let me know if you have any questions. Thank you, Andrea Sent from my iPhone Andrea Staehle Human Resources Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov On Jul 31, 2024, at 4:47 PM, Andrea Staehle <astaehle@palmdesert.gov> wrote: I will get back to you. Thanks, From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, July 31, 2024 4:26 PM To: Tim Varon <TVaron@carlwarren.com> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP 3051305 Don and Vickie Melvin 2 I will defer to the City’s Risk Manager Andrea Staehle to respond. Thank you. <image004.png> M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Tim Varon <TVaron@carlwarren.com> Sent: Wednesday, July 31, 2024 4:10 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: FW: CJP 3051305 Don and Vickie Melvin Hi Gloria, It looks like the Claimant has resubmitted his application for leave to present a late claim. As you can see on the attached email (6/21/24) I recommended to the City that the Application for Leave to Pursue a Late Claim be denied. I’d like to know if the City is in ag Hi Gloria, It looks like the Claimant has resubmitted his application for leave to present a late claim. As you can see on the attached email (6/21/24) I recommended to the City that the Application for Leave to Pursue a Late Claim be denied. I’d like to know if the City is in agreement with our recommendation so that we can send out a formal response to Mr. Melvin. Please let us know. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 <image005.jpg> Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. 3 Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses . From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, July 31, 2024 3:41 PM To: Tim Varon <TVaron@carlwarren.com> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: CJP 3051305 Don and Vickie Melvin Good afternoon, Tim: The City received the attached certified letter. If you have any questions or need additional information, please do not hesitate to contact me. Have a nice rest of the day. <image006.png> M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov <image007.png> 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, July 31, 2024 3:41 PM To:Tim Varon Cc:Larry Mullen; Andrea Staehle; Amber Molina Subject:CJP 3051305 Don and Vickie Melvin Attachments:2024-07-29 Certified Letter 3051305.pdf Good afternoon, Tim: The City received the attached certified letter. If you have any questions or need additional information, please do not hesitate to contact me. Have a nice rest of the day. 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, June 24, 2024 11:31 AM To:Tim Varon Cc:Larry Mullen; Andrea Staehle; Amber Molina Subject:RE: CJP – 3051305 Don & Vickie Melvin Attachments:R000531-061724_Message_History.pdf Good morning, Tim: FYI Attached is the response to Mr. Melvin regarding the records request. Risk Manager Andrea Staehle will respond as to agreeing or not. Thank you and have a great week. From: Tim Varon <TVaron@carlwarren.com> Sent: Friday, June 21, 2024 6:49 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: FW: CJP – 3051305 Don & Vickie Melvin Hi Gloria, I have completed my review of the Claimant’s Application for Leave to Present a Late Claim. I do not believe any of the reasons given would cause a court to grant the Claimant relieve to pursue his late claim, therefore I recommend against granting him Leave. As far as Hi Gloria, I have completed my review of the Claimant’s Application for Leave to Present a Late Claim. I do not believe any of the reasons given would cause a court to grant the Claimant relieve to pursue his late claim, therefore I recommend against granting him Leave. As far as the information that he is requesting pertaining to Jacobsson Engineering Construction, Inc., I would recommend providing the information that you have and advise him that you do not have any of the bond information. Please let me know if you are in agreement with not granting Leave and I will be happy to send the formal response letter on the City’s behalf. Have a great weekend! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 R000531-061724 - Public Records Request Message History (3) On 6/18/2024 10:44:27 PM, M. Gloria Sanchez wrote to Donald Melvin (dmelvin@dc.rr.com): From: Palm Desert City Clerk (palmdesertca@govqa.us) To: Donald Melvin (dmelvin@dc.rr.com) Message Id: 5949 Message Status: Delivered Subject: Public Records Request :: R000531-061724 Body: RE: Public Records Request of June 17, 2024, Reference # R000531-061724 Dear Donald Melvin, The City of Palm Desert received a public records request from you on June 17, 2024. Your request mentioned: Request regarding Jacobsson Engineering, Inc. I request disclosure of: - General Liability carrier - Bond carrier Specifically, the name and address, policy number, and effective dates of each insurance company underwriting said policy and bond. This pertains to damage caused to our property as a result of Jacobsson work on Golden Rod Lane, around the beginning of 2023, for the benefit of Stone Eagle Golf Club. The City of Palm Desert has reviewed its files and found no responsive records to your request. as the project in question was not a City project. However, the subject contractor was contracted by the City for a City project around the same timeframe. As a courtesy, attached is the certificate of insurance approved for the City project. Please log in to the Records Request Portal at the following link to retrieve the responsive records. Public Records Request - R000531-061724 For questions or additional information, please reply to this email or call me at (760) 346-0611. With this production, the City of Palm Desert deems the records request closed. Sincerely, M. Gloria Sanchez City Clerk's Office On 6/17/2024 5:59:41 PM, System Generated Message to dmelvin@dc.rr.com: From: System Generated Message To: dmelvin@dc.rr.com Subject: Public Records Request :: R000531-061724 Message Id: 5926 Message Status: Opened Page 1 Dear Donald Melvin: Your request has been received and is being processed. Your request was received in the City Clerk's Office on 6/17/2024 and given reference number R000531-061724 for tracking purposes. Records Requested: Request regarding Jacobsson Engineering, Inc. I request disclosure of: - General Liability carrier - Bond carrier Specifically, the name and address, policy number, and effective dates of each insurance company underwriting said policy and bond. This pertains to damage caused to our property as a result of Jacobsson work on Golden Rod Lane, around the beginning of 2023, for the benefit of Stone Eagle Golf Club. Your request will be forwarded to the relevant department(s) to locate the information you seek. You will be contacted about the availability and/or provided copies of the responsive records. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. City of Palm Desert To monitor the progress or update this request please log into the Records Request Portal Page 2 On 6/17/2024 5:59:40 PM, M. Gloria Sanchez wrote: Request was created by staff Page 3 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, June 17, 2024 4:21 PM To:Andrea Staehle; Amber Molina Cc:Larry Mullen; Tim Varon Subject: CJP – 3051305 Don & Vickie Melvin Attachments:2024-06-14 Certified Letter CW 3051305 Melvin.pdf; 2024-06-17 Certified Letter PRA CW 3051305 Melvin.pdf; DIARY REVIEW : CJP – 3051305 - CLAIMANT: Don & Vickie Melvin Hi, The City is in receipt of the attached certified letters that we will incorporate into the City’s record. The City will be able to provide a certificate of insurance responsive to the request. However, the City does not collect bond information as part of the encroachment permit process. Let me know if there is anything else I need to do. 1 Gloria Sanchez From:Larry Mullen <lmullen@carlwarren.com> Sent:Tuesday, June 11, 2024 12:51 PM To:Tim Varon Cc:Gloria Sanchez Subject:DIARY REVIEW : CJP – 3051305 - CLAIMANT: Don & Vickie Melvin DIARY REVIEW : CJP – 3051305 6-11-2024 CLAIMANT: Don & Vickie Melvin EVENT: The claimants allege because of roadwork in front of their home, long term vibrations from heavy equipment caused cracks in their driveway. The road work was part of a project to install a water line from Shadow Mountain Golf Course to the old City well on Golden Rod Lane. STATUTE OF LIMITATION: 2/22/25 Action plan items from last review and status : 1. The City submitted a response to our questionnaires Coverage: Confirmed under the MOC. CITY REPORT: The City supplied the following information. 1. Was the project the claimant is referring to a City project? This was work done as part of an Encroachment Permit, not a City project. 2. If so, who was the contractor? 2 Jacobsson Engineering Construction Inc. is the owner of the encroachment permit. 3. If so, may we have a copy of the contract? There is no contract involved since this was not a City project. Attached is the encroachment permit. 4. If this was not a City project, may we have any information concerning the project and involved parties? There is an encroachment permit. Stone Eagle Water Line: ENCR22-0116 Under the encroachment permit, there is a general specification. See below: GENERAL SPECIFICATIONS • Any and all damage caused by the work must be repaired and/or replaced by the permit holder at their cost, and to the satisfaction of the City. This includes (but is not limited to) hardscape, landscape, signal equipment, concrete, asphalt, striping, markers, etc., on public or private improvements. Before doing any repair or replacement, the City must be made aware of the deficiency and review the desired resolution. SITE INSPECTION: No site inspection was made regarding this matter. PHOTOGRAPHS: No site photos are provided. LIABILITY: We believe there is no City liability for this matter as it was returned late. Additionally, this was not a City project. The City’s only involvement was to issue an encroachment permit. Any claim for damage should be submitted to the involved contractor. CLAIMANT DAMAGES: The claimants submitted estimates in the amounts of $33,475.00 and $24,839.05. RESERVES: $34,000.00 - Property damage – The reserve is currently accurate. Client Damages: N/A INJURIES: N/A 3 Alleged Injuries: Medical History/Prior Injuries: RECOMMENDATIONS: The claimant Don Melvin recently called us and advised he would be submitting a leave to present a late claim. Based upon our liability opinion, we recommend closing the file. If the late claim letter is received, we can review it and respond. DISPOSITION/ACTION PLAN: 1. Await response to our recommendations SUBROGATION: N/A Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 4 liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, April 22, 2024 1:19 PM To:Larry Mullen Subject:RE: Melvin: 3051305 Attachments:ENCR22-0116.pdf Good afternoon, Larry: Below are the responses provided by the Public Works Division. If you need additional information, please do not hesitate to contact me. Have a wonderful week. From: Larry Mullen <lmullen@carlwarren.com> Sent: Wednesday, April 17, 2024 3:45 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: Melvin: Hi Gloria: I’m handing this claim for the City. The claim was returned late, bur=t I need some information to complete my initial report. Thanks, Larry Was the project the claimant is referring to a City project? If so, who was the contractor? If so, may we have a copy of t Hi Gloria: I’m handing this claim for the City. The claim was returned late, bur=t I need some information to complete my initial report. Thanks, Larry 1. Was the project the claimant is referring to a City project? This was work done as part of an Encroachment Permit, not a City project. 2. If so, who was the contractor? Jacobsson Engineering Construction Inc. is the owner of the encroachment permit. 3. If so, may we have a copy of the contract? There is no contract involved since this was not a City project. Attached is the encroachment permit. 4. If this was not a City project, may we have any information concerning the project and involved parties? There is an encroachment permit. Stone Eagle Water Line: ENCR22-0116 Under the encroachment permit, there is a general specification. See below: GENERAL SPECIFICATIONS • Any and all damage caused by the work must be repaired and/or replaced by the permit holder at their cost, and to the satisfaction of the City. This includes (but is not limited to) hardscape, landscape, signal equipment, concrete, asphalt, striping, markers, etc., on public or private improvements. Before doing any repair or replacement, the City must be made aware of the deficiency and review the desired resolution. 2 Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES ENCROACHMENT PERMIT Permit Number: ENCR22-0116 THE PALM DESERT PUBLIC WORKS DEPARTMENT SHALL BE NOTIFIED VIA EMAIL AT pcinspections@palmdesert.gov AT LEAST 24 HOURS PRIOR TO BEGINNING ANY WORK. NOTIFICATION SHALL INCLUDE LOCATION, DATE, INSPECTION TYPE, FIELD CONTACT NAME AND PHONE NUMBER. IF NOTIFICATION IS NOT GIVEN, ANY WORK PERFORMED IS SUBJECT TO IMMEDIATE REMOVAL. PERMIT NO: ENCR22-0116 ISSUED: 10/14/2022 EXPIRES: 4/30/2024 FINALED: EXTENSION: 3/14/2024 Failure to complete the work specified here within the time allotment shall subject permit holder to a $92.00 processing fee. APPLICANT: JACOBSSON ENGINEERING CONSTRUCTION INC CONTRACTOR: VANCE CORPORATION FIELD CONTACT AND PHONE NO: ROGER LACROIX (760) 275-4167 LOCATION: 2007 73526-73595 IRONWOOD STREET CROSS STREETS: IRONWOOD ST GOLDEN ROD LN PERMISSION IS HEREBY GRANTED FOR: INSTALL IRRIGATION WATER LINED FROM SHADOW MOUNTAIN GOLF COURSE TO STONE EAGLE WATER LINE ON GOLDEN ROD. Construct a water well, electric service and waterline utility If this work requires lane closure, it must be installed per the WATCH Handbook or a City approved traffic control plan. Traffic control hours shall be between 8:30 AM – 3:00 PM in certain locations; check with your inspector. This permit is issued to the applicant and contractor stated above. The contractor or applicant must notify the City of the name and field contact information for all sub-contractors hired to perform any work under this permit. The permit holder is required to comply with all applicable ordinances, standards, the terms and conditions of the permit, and all applicable rules and regulations of the City of Palm Desert. NOTE: Prior to performing any excavation in or near a signalized intersection, and/or between two signalized intersections, the contractor must notify the City at 760-776-6364. A copy of this permit is to be kept at the site of the work and must be shown on demand to any authorized representative of the City of Palm Desert. This permit is issued by authority of the City of Palm Desert Director of Public Works. CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES ENCROACHMENT PERMIT STANDARD SPECIFICATIONS BASIS OF SPECIFICATIONS •The Standard Specifications of the City are contained in the Standard Specifications for Public Works Construction, (latest edition) including supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081; or by phone at (888) 264-2665. •The Standard Specifications set forth above will control the general provisions, construction materials and construction methods except as amended in the following Specifications: GENERAL SPECIFICATIONS •Any and all damage caused by the work must be repaired and/or replaced by the permit holder at their cost, and to the satisfaction of the City. This includes (but is not limited to) hardscape, landscape, signal equipment, concrete, asphalt, striping, markers, etc., on public or private improvements. Before doing any repair or replacement, the City must be made aware of the deficiency and review the desired resolution. •The City may order the permit holder to stop the work, or any part of the work due to extreme weather or any other unfavorable conditions (including the failure of the permit holder to carry out orders given by the City Inspector) for such time as is deemed necessary to correct the conditions. •Parking and driving on sidewalks is prohibited. Sidewalks are to remain free and clear for pedestrians. •The minimum of a class 2 vest is required for daytime work. The minimum of a class 3 vest with sleeves and pants are required for night work. •Trench plates must be recessed to match the adjoining finished surface. REQUIRED NOTIFICATIONS •City at (760) 776-6364 prior to performing any excavation in or near a signalized intersection, or between two signalized intersections. USA does not cover signals. Any damage to signal equipment, loops, etc. must be replaced and or repaired within 48 hours. •Sheriff Department at (760) 836-1600 for lane reductions or street closures. •Fire: Station. 33 at (760) 346-0508 •SunLine Transit Agency at (760) 343-3456 when stops, access, pickups, or routes are affected. •Burrtec Waste & Recycling Services at (760) 340-2113 when stops, access, pickups, or routes are affected. •Utility companies should not shut down their utility facilities in the area of work prior to notifying affected residents and businesses. TEMPORARY TRAFFIC CONTROL •New or like-new traffic control devices as approved by the Public Works inspector are required and shall be installed in accordance with the latest edition of the WATCH (Work Area Traffic Control Handbook) manual, Caltrans Traffic Control Standard Plans T-11 to T-13, and the MUTCD. •Traffic control hours shall be between 8:30 AM – 3:00 PM in certain locations; check with your inspector. •All unnecessary traffic control devices must be removed as soon as conditions allow. Any damaged or unacceptable traffic control devices must be replaced immediately. •Traffic control shall not be left unattended or give the appearance of being unattended. The contractor shall not leave the site until the traffic control is removed. •One lane of traffic in each direction must be maintained at all times during construction. Where a raised median island exists, the open lane must be located on the appropriate side of the street. •If major intersections are involved with the proposed work, a detailed traffic control plan must be submitted, and approved by the Public Works Department prior to beginning any work. STRIPING AND MARKERS Any traffic striping, pavement markings or pavement markers removed or damaged shall be replaced per City of Palm Desert standards and requirements. INLETS All inlets that will or may be affected by the work of the permit holder will be protected from debris and fluids other than rain. The permit holder must maintain the inlets and keep them clean throughout the duration and at the end of the project. DUST AND TRACK-OUT The permit holder shall control all dirt areas disturbed and stockpiled during and after workdays by applying water or a soil stabilizer. Track-out devices shall be installed and maintained to avoid dirt in the street. PRIVATE PROPERTY If private property is used during this work, written permission from the property owner must be provided to the Inspector. MONUMENTATION Prior to being removed or disturbed, all existing survey monuments shall be completely tied out by a licensed land surveyor or appropriately licensed civil engineer (R.C.E. #33965 or lower number) so they may be readily and properly replaced. A complete set of notes showing the ties to these monuments shall be submitted to the City Engineer prior to beginning construction on this project. The permit holder is responsible for all costs involved with the above. COMPACTION TESTS Compaction tests will be required on sub grade (for curb, curb and gutter, sidewalk, driveway approach, street, and trench); rock base grade (for street or trench); and asphalt concrete. The permit holder is responsible for all costs involved with the above. CONCRETE All concrete shall be a minimum 6 sack/560-C-3250. All concrete structures removed or damaged by the work under this permit shall be replaced per the standards of the City of Palm Desert. Where concrete is removed or damaged it shall be replaced to the nearest joint in each direction. PERMANENT ASPHALT CONCRETE •Asphalt concrete used for permanent resurfacing shall be PG 70-10 and follow City of Palm Desert Standard Drawing # 113, Standard Specifications for Public Works Construction sections 203 and 302. All AC pavement installations will be subject to a rideability test and shall not have any humps or depressions and must be installed to the same line and grade as the adjoining pavement. Transverse joints must be checked with a minimum12-foot straight edge. Any pavement that fails or is installed in an unacceptable manner is subject to removal and correction. •Permanent AC pavement must be installed within 15 days of the installation of underground work. When trench paving operations are being performed, the length of trench area allowed to be open or cold planed to receive a final lift of AC pavement will not exceed the length of trench that can be final-paved the same day. •The final lift of AC must be installed with a self-propelled vibratory screed-type machine. •AC joints must be sealed by the end of each paving operation. TEMPORARY ASPHALT CONCRETE Streets: Temporary AC shall be a minimum of 3” thick and compacted with a steel wheeled roller or a vibratory plate to obtain a smooth, dense matte and must be installed to the same line and grade as adjoining AC pavement and must be maintained free of potholes and without a rough riding surface. Sidewalks: Temporary AC shall be 2” thick and follow the requirements mentioned above for streets. CONSTRUCTION WORK HOURS October 1 through April 30 May 1 through September 30 Mon.-Fri. 7 AM to 5:30 PM *5:30 AM to 7 PM * Saturday 8 AM to 5 PM *8 AM to 5 PM * *Actual work hours must be coordinated with the inspector or his/her representative. NIGHT, AFTER-HOURS, SUNDAY, AND CITY HOLIDAY WORK A letter to the City Manager through the Public Works Director must be submitted for review and approval at least one week prior to the actual start date. The letter shall include the dates, start and end times, and the reason the work cannot be performed during normal construction hours. FAILURE TO OBSERVE THESE WORK HOURS WILL RESULT IN A CITATION BEING ISSUED TO THE OFFENDERS BY THE POLICE DEPARTMENT 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Monday, April 15, 2024 9:41 AM To:Gloria Sanchez Cc:Larry Mullen; Andrea Staehle; Amber Molina Subject:FW: CJP-3051305 - City of Palm Desert - Claim Against the City of Palm Desert 916 - Donald Melvin Attachments:2024-04-12 Melvin, Donald 916.pdf; 20240415 Melvin Palm Desert RETURN CLAIM FILED BEYOND 1 YEAR CJP-3051305.pdf Hi Gloria, Please find attached a copy of our Return of Late Claim Notice for your records. Please note that Mr. Larry Mullen has been assigned to the handling of this file on the City’s behalf. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 2 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Friday, April 12, 2024 5:17 PM To: Todd Hileman <thileman@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; cjpia Claims <cjpia@carlwarren.com> Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com> Subject: CJP-3051305 - City of Palm Desert - Claim Against the City of Palm Desert 916 - Donald Melvin Good aŌernoon, AƩached for your review and appropriate acƟon is Claim No. 916 submiƩed by Donald Melvin. If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk’s Office M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov Some people who received this message don't often get email from gsanchez@palmdesert.gov. Learn why this is important PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 April 15, 2024 Donald and Vickie Melvin 46310 Golden Rod Ln. Palm Desert, CA 92260 LATE CLAIM NOTICE RE: Claimants : Donald and Vickie Melvin Member : City of Palm Desert Date of Event : 2/22/23 CW File Number : CJP-3051305 LMV Dear Mr. & Mrs. Melvin: Carl Warren & Company is the claims management company for the City of Palm Desert. Notice is hereby given that the above-captioned claim, which you presented to the City on April 12, 2024, is being returned to you herewith, without any action having been taken on it. The claim is being returned to you because it was not presented within one year after the accrual of the cause of action, and as you did not file a timely Application for Leave to Present a Late Claim. To determine whether or not you have any further remedy or whether or not any further procedures are open to you, you may wish to consult with an attorney of your choice. If you desire to consult with an attorney you should do so immediately. (See Government Code Section 911.2). Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor 1 Gloria Sanchez From:Gloria Sanchez Sent:Friday, April 12, 2024 5:17 PM To:Todd Hileman; Isra Shah; Carl Warren cjpia@carlwarren.com Cc:Chris Escobedo; Anthony Mejia; Andrea Staehle; Tim Varon Subject:Claim Against the City of Palm Desert 916 - Donald Melvin Attachments:2024-04-12 Melvin, Donald 916.pdf Good aŌernoon, AƩached for your review and appropriate acƟon is Claim No. 916 submiƩed by Donald Melvin. If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk’s Office Claim Against the City of Palm Desert For Damage(s) to Person(s) or Personal Property PALM DESERT tA1IFO1RI,t Instructions: Please fill out this form completely. Failure to provide sufficient information may result in delays in claim processing If you need an accommodation to complete or submit this form please contact the City Clerk's Office Claims Coordinator at cityderk@paimdesert.gov or (760) 346-0611. important Information: 1. Claims for death, injury to person or to personal property must be fl led no later than six(6) months after the occurrence. 2. Claims for damages to real property must be fi led no later than one (1) year after theoccurrence. See California Govemment Code §911.2. 3. Be sure daim is against the City of Palm Desert, not another public entity. 4. Claimant is advised to consult a private attomey if legal advice is desired. No employeeof the City may give legal advice to any claimant relating to private claims. Instrucciones: Complete este formulario en su totalidad.5i no brinda Information suficiente, puede demorarel proceso del redamo. SI neceska alguna acomodacion pars completar o enviar este formulario, comun(quese con el Coordinador de Redamos a la direcd6n de correo ele tronico dtyclerk@palmdesert.gov o al telefono (760) 346-0611. Information importance: 1. Los redamos por muerte, lesiones personates o daflos a la propiedad deben presentarse a m3s tardar seis (6) meses despues de haberse producido el hecho. 2. Los redamos por daflos a bienes inmuebles deben presentarse a ins tardar un (1) a6odespues de haberse producido el hecho. (Consuke §911.2 del Codigo de Gobiemo). 3. Asegiirese su redano es hada la ciudad de Palm Desert y no otra entidad pubhca. 4. Seaconseja al demandante consulter con un abogado privado si asi to desean. Ningun empleado de la ciudad puede brindar asesoramiento legal al demandante en relation con redamos privados. Claimant First Name • Claimant Last Name • Donald and Vidde Home Address f Da niciib' Street Address MELVIN 46310 Golden Rod Lane Address Line 2 City Palm Desert Postai/Zip Code 92260 Preformed Phone Number / Wurnoro de teMfono prororido • 760/346.9554 Value does not match designated pattern: \d{3}1d(3)-1d{4} State/Province/Region Caifomia Country I tlnked States &nail / Gorreo electrantco' dmelvin@dcrr.com Are you currently represented by an attorney? / Est actualmente representado por un abogado? 3Yes No Date and time of damage/injury/loss - Fecha y hora del da6o/lesion/p4rdida 02/22/2023 Ei 12.00.00 PM Did any other person experience an injury/damage/loss? - /Aguna otra persona experimento una lesion/dailo/perdida? 1 Yes O No Name Joe Litgen E-Mail Phone Number •V raw .l� 2s C r N rrr 76fY l79 -l‹a Value does not match designated pattem: \d{3}-\d{3}-1d{4} lukadr-fmmra- ) .D) iv P- a c�=-pi fi / 4. 1/3 StreetAd 6:3,-31�p Golden Rod Lane Address tine • City Palm Desert Postal Ip Code state/Ptovincemegion California Country 192260 • d Are there any witnesses? - &Hay alga n testigo? *Yes Ofb -. _ness E-mall Address VA- A-N4 floc, `7 ttt. <hoz f la ©l�l�} >d�Yc✓ �1 J1.,�n�s !United States Location of damage/injury/lessor known, Include spedfcaddress) -Lugar dondesemodulo el dado, la Iesion o la p&rdida W tnoce el domicile espeotico, Indlquelo) Cement drivewayat46-310 Golden Rod Lane, Palm Desert, CA 92260 Provide a general description of the damage/injury/losas the time°fth(s claim- Desmba el da0o, la lesion o la p€nJida al memento de este redamo Severe new cracks to our driveway developed, duets) super -heavy construction vehldessp eeding by our home -five days a week -for several weeks. ) Spedfy how the damagelinjury/loss occurred-Espedflque como seprodujo el daio,la lesion o la pordida Thevehideswere owned byJacobsson Engineering working on a project (for the benefit of Stone Eagle Country Club), twinge largewaterplpefrom awell on the Shadow Mountain Golf Course to the old dty well on Golden Rod Lane. Were paramedldambulance ralled? / &Se llama a los paramedicostambula nda? Oyes *No Did you seek medical treatment? /&Busastetratamlento medico? O Yes *No What particular action/omission by the City, or its employee(s) caused the damage/Injury/loss?-LQu&acdon u omision espediica de la eluded o sus empleados ocasionaron el daflo,la lesion o la p&rdida? The damage was caused byJacohsson Engineering who obtained permit for this project from the (icy of Palm Desert Provide the name of the Gty employee involved in the damage/injury/Ioss, if known-51 to conoce,indique el nombre de los empleados de la eluded Involuaadosen el dafio, la lesion o lap€rdida - Gty of Palm Desert Public Works(and Jacobson Engineering) notified by letterFebnrary4. 20B. (Copy attached) Wasa pollen report filed? /&Se present() un inforrne pollcla0 Oyes *Ala 2/3 Any additional Information that might be helpful In considering dalm / Cualquier information adidonal que pueda ser titil al consldear el redamo: Representatives from Stone Eagle, Jacobsson Engineering, and Pubic Works from Palm Desert met with me, Joe litgen, and Art Margolis during the project. Litgen and Margolis and Melvin are side -by -side neighbors on Golden Rod. We discussed our concerns with theose representatives and at that time I showed them the new cracks in my driveway. DAMAGES CLAIMED - If the amount claimed exceeds $10,000, it is not required that a dollar amount be provided. However, your claim must indicate whether it would be a Limited Civil Case. A Limited Gvil Case is one where the recovery sought, exclusive of attomey fees, interest, and court costs, does not exceed $25,000. M Unlimited Civil Case is one in which the recovery sought is more than $25,000. / Si el monto redamado supera los $10,000, no es necesario indicar el importe en ddiares. Sin embargo, el reclarno debe indicar sl se tratarla de una Action Civil Limitada. Una AcciBn Civil Limltada es una accidn en la que el resarcimiento pretendido no supera los $25,000, sin incluir honorarios de abogados, Intereses y costes del tribunal En una Action Civil sin limite, el resarcimiento pretendido supers los $25,000. ti Limited Civil Case (damages between $10.000 to $25,000) • Action Civil Limited° (los danos ascienden a $10,000 - $25.000) Unlimited Civil Case (damages exceed $25,000) - Action Civil sin Untie (los danos superan los $25.000) 0 Claimed totals less than $10,000 / Total reclamado menos de $10.000 Basis for Computation of amount claimed (include estimate/bills as an attachment, if possible) - Base para el c&iculo del monto redamado (si es posible induya con este redamo presupuestos/facturas) Two estimates for damages attached tr Document Uploads Picture Uploads Drag and drop up to 10 files here to upload or Drag and drop up to 10 files here to upload or WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM. (CALIFORNIA PENAL CODE 72 AND CALIFORNIA INSURANCE CODE) I hereby certify under penalty of perjury that the facts herein above set forth are true and correct to the best of my knowledge. / ADVERTENGA ES UN DELITO PENAL PRESENTAR UNA RECLAMO FALSO. (Ct)DIGO PENAL DE CALIFORNIA 72 Y CODIGO DE SEGUROS DE CALIFORNIA) Por la presente certifico bajo pens de perjurio que los hechos establecidos anteriormente son verdaderos y correctos a mi leal sabery entender. Signature* &lami,&/o- 9/fie Submit SIgnae Date Date will be captur on Save as Draft M8Sanatta, ))/ -/ 2oc2,eil 3/3 Don and Vickie Melvin 46-310 Golden Rod Lane Palm Desert, CA 92260 April 15, 2024 City of Palm Desert Public Works Re: Enclosed claim to City of Palm Desert In January, 2023, several people gathered at 46-200 Golden Rod Lane in Palm Desert, to discuss issues with an on -going major street project...that of bringing a large water line from Shadow Mountain golf course, along Ironwood Street, and up Golden Rod Lane — to the old city well on Golden Rod. This meeting was attended by (Golden Rod residents); Don Melvin, Art Margolis, and Joe Litjens. Present included Eric Jacobsson (project manager), Roger Lacroix, plus a gentleman from Stone Eagle Golf Club (for which the project was designed). This project continued for several weeks...with ultra -heavy machines — either unloaded or loaded with dirt, gravel, large pipes — seemingly RACING up and down Golden Rod! HEAVY pounding, coupled with extreme vibration from those machines, was one issue of discussion. Affected neighbors concur with this. After the meet, I showed to the participants the damage that was occurring to my driveway. I followed this up with a letter (attached) to Jacobsson Engineering with copy to Palm Desert public works. Regrettably, I received NO response from either party. The 25+ feet of cracking depicted in enclosed photos, some just by our front door, is NOT old... and I will not bear the cost of repa,!r 7 Don and Vickie Melvin 46-310 Golden Rod Lane Palm Desert, CA 92260 February 4, 2023 Jacobsson Engineering PO Box 14430 Palm Desert, CA 92255 RE: Project on GOLDEN ROD LANE, PALM DESERT Sirs: As a result of the road work in front of our home @ 46-310, we have noticed severe new cracking to our circular driveway. We believe that these cracks are the result of your heavy equipment rolling by our home five days per week...for several weeks. Incidentally, our neighbor has suffered similar damage. Please inspect this at your earliest convenience. We look forward to discussing this matter with you and the City of Palm Desert. We shall be out of the country for several days, but someone will be living in our home to care after our dog. She has no knowledge of this situation, but we'll brief her that there may be people checking on this. Sincerely, Donald Melvin Cc: P.D.Public Works Photos and repair estimates of damaged driveway Mr/Mrs Donald Melvin 46-310 Golden Rod Lane Palm Desert, CA 92260 760/346-9554 dmelvin@dc.rr.com April 12, 2024 4/11/24, 5:21 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiUview message/getattachment/uniqueld/1002/account/O/filenameOriginal/image0.jpeg/filenameModified/i... 1/1 4/11/24, 5:19 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1004/account/0/filenameOriginal/image0.jpeg/filena me Mod if ied/i... 1/1 4/11/24, 5:17 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/mail/view message/getattachment/uniquekif=4*N*ccount/O/filenameOriginal/image0.jpeg/filenameModified/i... 1/1 4/11/24, 5:05 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1008/account/O/filenameOriginal/image0.jpeg/filenameModified/i... 1/1 4/11/24, 5:08 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1010/account/0/filenameOriginaVimage0.jpeg/filena me Mod ified/i... 1/1 4/11/24, 5:16 PM imagel.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/mail/view message/getattachment/uniqueld/1014/account/O/filenameOriginal/imagel .jpeg/filenameModif ied/i... 1/1 4/11/24, 5:14 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1013/account/O/filenameOriginal/image0.jpeg/filenameModif ied/i... 1/1 4/11/24, 5:11 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1011/account/O/filenameOriginaVimage0.jpeg/filenameModified/i... 1/1 4/11/24, 5:12 PM image0.jpeg (3024x4032) https://w ebmail.spectrum.net/index.php/maiVview message/getattachment/uniqueld/1012/account/O/filenameOriginal/image0.jpeg/filenameModified/i... 1/1 ATRIUM INC. P.O. Box 3882 Palm Desert, CA 92261 Don and Vickie Melvin 46 310 Golden Rod Lane Palm Desert Estimate Date Estimate # 12/11/2023 5508 Phone # 7608806606 Firstatrium@aol.com Lic B, C-10,C53 # 836088 Bonded, insured Item Line Item Description Qty Cost /item Total Cracked are concrete 1 100 Demolition 1,856 sqft 1,933 2.96 5,721.68 2 100 New concrete, all cracked areas replacement including main garage approche and golfcart path. Both area's have a negative slope to the garage. Concrete color : natural gray, color might not match the pre existing color ! NON cracked area ( might can remain) 1,933 9.89 19,117.37 3 100 Demolition 836 x $ 2.96/sqft = $ 2474.56 0 2,474.56 0.00 4 100 New concrete 836 x 9.95/sqft = 8,318.20 Not included : Both site street approche ( the first 4'-5' between curb and first concrete section) Payment : general deposit $ 1,000.00 Finish demo : pay demo cost Set form's : 25% of new concrete cost Finish concrete : 75% of new concrete cost 0 8,318.20 0.00 Total $24,839.05 19 YEARS IN THE COACHELLA VALLEY ! Ecano Crete 77825 Wildcat Dr Palm Desert, CA 92211 760-772-6849 diana@econo-crete.com Estimate �4DDRESS Don Melvin 46310 Goldenrod 760-346-9554 dmelvin@dc.rr.com Palm Desert, CA 92260 CA. Licit 750716 AZ. Lkit 106001 ESTIMATE # 13817 DATE 05/03/2023 ACTIVITY QTY RATE AMOUNT French Lace fiesurtacing To resurface your concrete with a French Lace pattern: DRIVEWAY. Cut new joints. Repair cracks Description of the work: Repair all damaged concrete Acid wash the entire area To install fiberglass over the cracks, after repaired To apply a two part 100% epoxy and sand in order to get a better grip for the new surface... To apply a base coat of concrete To apply top coat of concrete and texture (French Lace Pattern) To stain with 2 coats of color (acrylic coating)...color of choice... To clean the area.... Color: To be determined 1 33,475.00 33,475.00 Duration of the work: Average days....15 - 20 working days Approximate sq. footage: 2575 sq. ft. Warranty Description 1 0.00 This warranty is for Concrete Resurfacing Application Only ,and does not apply to pressure washing ,tile ,pavers , brick cleaning,sealer and color stain application... Contractor Liability and Warranty For Concrete Resurfacing Application... Warrants that the work performed be free from defects in material and workmanship for a period of one year from date that the resurfacing ACTIVITY QTY RATE AMOUNT application installation is completed. Econo- Crete further warrants that the resurfacing surface will not delaminate from existing concrete for an additional nine years. except for future cracks because of ground movement and extreme efflorescence (moisture in the soil). It is recommended that rubber mats and decorative planter pots not come in direct contact with the surface, as it may prevent water evaporation and cause clouding and staining of the surface.. Limitations and Exclusion for concrete resurfacing application: This warranty does not cover consequential damages, including but not limited to, injury to person(s) or property proximity resulting from the concrete resurfacing process; to damages caused or contributed to by accident, abuse, misuse, hazards of nature, including ground faults, efflorescence (moisture underground) and shifting, settling, or expansive soils. This exclusion also includes any other acts of God, or occurrences that Palm Desert 2000, Inc. cannot control or be able to control, in any case, PD 2000, Inc. liability is only to supply the materials needed, to repair the defects of the concrete resurfacing application and excludes all labor involved in so doing. Garage Floor : Warranty becomes void if battery acid spills on the floor. The acid actually permeates through the flooring... Notice to Owner: Water must be turned off in the work areas. Furniture may be moved by us, however, we are not responsible for any damage that might occur. We are not responsible for painted areas peeling, due to masking tape. Due to the inherent movement of concrete, soil and wood structures and the possible lack of structural integrity of these substrates, no guarantee either expressed of implies is granted concerning cracks in the application.. FORCE MAJEURE If performance of this agreement or any obligation under this agreement is prevented, restricted or interfered with by causes beyond contractor's control ("Force Majeure"), then contractor shall not be liable or deemed to be in default for any delay, failure, or interruption in performance under this agreement by such event. The term Force Majeure shall include , but not be limited to , Acts of God, fire,explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, murders,or acts of military or civil authority, or by national and/or state emergencies, insurrections, riots, or wars, or ACTIVITY QTY RATE AMOUNT strikes, lock -outs, work stoppages. The term Force Majeure also includes any labor shortages, material shortages, and any other issues arising out of or related to the COVID-19 virus or any disease that is declared an emergency, epidemic, or pandemic by the World Health Organization. However, contractor shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. REPRESENTATIONS: Palm Desert 2000, Inc. make no other representations or warranties, expressed or implied, oral or otherwise, except in writing herewith. WORK ORDER_Nethod of Payment 10 40 -50 1 0.00 Better Business Bureau rating is A + (ACCREDITED...) Method of payment: 10% to schedule 40% at the start of the work, and 50% at completion. Credit Card Acceptance up to $2000.00 Max..and or additional Credit Card Fee of 4% on Additional Amount... Thank You, Diego Thank you for your consideration. TOTAL Accepted By Accepted Date $33,415_00