HomeMy WebLinkAboutClaim No. 554 - Southern California Edison (SCE)REQUEST:
DATE:
CONTENTS:
Recommendation:
V L C...'
CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
CLAIM AGAINST THE CITY (#554) BY SOUTHERN CALIFORNIA EDISON
IN THE ESTIMATED AMOUNT OF $20,000
August 25, 2005
I. Staff Report
II. Claim No. 554
III. Correspondence from Carl Warren & Co., Director of Public Works
By Minute Motion, reject the Claim, which has been tendered to Granite
Construction Company and Stone Eagle, and direct the City Clerk to so notify the
Claimant.
Background:
Based on a review of the subject Claim and the recommendation of the Claims Adjuster,
Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected.
Discussion of this item should be held in Closed Session pursuant to Government Code Section
54956.9(b), potential litigation.
Submitted by:
CITY CLERK
Approved:
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Attachment (as noted)
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CERTIFIED MAIL
CITY OF PALM DESERT
ATTENTION: CITY CLERK
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
Reference: Date of Occurrence:
Location:
Our File No:
Dear Madam/Sir
CITY OF PALM DESERT
ASSIGNED CLAIM NO.
June 30, 2005
200501781
Palm Desert, City Of
February 03, 2005
Palm Desert, CA
200501781
Tarrance Frierson
Claims Representative
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Enclosed is our Claim against a Governmental Agency in the estimated amount of $20,000.00.
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 envelope. Please reference our file number, 200501781, on all correspondence.
Sincerely,
T ance Frierson -
enclosure
P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6808 Fax (626) 569-2573
lQAJ111 m auffem
EDI SON
Our File No. 200501781
CLAIM AGAINST A GOVERNMENTAL AGENCY
The Southern California Edison Company, a corporation, is hereby presenting its claim for damage/loss
to City Of Palm Desert.
1. Date of occurrence/discovery February 03, 2005
2. Location of occurrence Palm Desert
3. Cause of damage/loss Underground Damage - Dig In -employees or representative of
Granite Construction damaged SCE cable and conduit while
installing a water line for the City of Palm Desert and Coachelle
Valley Water District. Nick Powell with Granite Construction should
be aware of this incident.
4. Amount or estimate of damage/loss $20,000.00
5. Name and address (if known) of public N/A
employee or agency causing damage
All correspondence in reaard to this claim should be addressed to: Southern California Edison
Companv (Claims Department). P.O. Box 900. Rosemead. California 91770. Attention: Tarrance Frierson
VERIFICATION AND CERTIFICATION
State of California, County of Los Angeles (ss.)
Tarrance Frierson, 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 of his/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.
I - e-C �7
Signatur
P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6808 Fax (626) 569-2573
" EDI SON
STATEMENT
June 30, 2005
200501781
City Of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Cost to repair and/or replace facilities damaged on February 03,
2005; located at Citrus and Hwy 74 in Palm Desert, California.
Estimated cost:
$20,000.00
P.O. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-6808 Fax (626) 569-2573
July 15, 2005
TO: The City of Palm Desert
ATTENTION: Rachelle D. Klassen, City Clerk
RE: Claim SCE v. Palm Desert
Claimant SCE
D/Event 02/03/05
Rec'd Y/Office 07/05/05
Our File 303794 DBQ
Z VED
CITE' CLERK'S OFFICE
PALM DESEP7, CA
7005 JUL 21 AM 11: 36
We have reviewed the above captioned 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 notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours,
CARL W LN & COMPANY
Debo een
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400 • Orange, CA 92868 COPY M
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412 l�
DATF 2
I V E D
CITY CLERK'S OFFICE
PALM CESERT, CA
?n03 JUL 21 AM 11: 36
GOVERNMENTAL ENTITY PRELIMINARY REPORT
TO: Carl Warren & C
750 The City [Rive, Suite 400
Orange, C
DATE: 7/15/2005
CLAIMANT: SCE
02/03/05 FILING DATE: 07/05/05
PRINCIPAL/CITY: CJPIA/City of Palm Desert.
R�i7cTil•I>f7:T�,
SIX MOS.: Yes
RECOMMENDED ACTION ON CLAIM: Claim Rejection.
FACTS: The claim is presented for damage to the claimant's underground cable/conduit that
was damaged during a private construction project.
POSSIBLE CO-DEFENDANTS: Granite Construction, Stone Eagle.
EVALUATION: We will refer the claimant to the contractor and the developer.
RESERVES TYPE OF CLAIM AMOUNT
l . SCE LPD $1500.00
COMMENT/WORK TO BE COMPLETED: Diary for a copy of the rejection to the
claimant, from the City. Our further report will follow shortly.
Very truly yours,
CARL WARREN & COMPANY
Deborah een
^ ,Z�-
c . �i�
f Palm Desert, Attn. Rachelle D. Klassen
CARL WARREN & CO. COPY TO 0 i EKWlti
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400. Orange, CA 92868
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 DATE 7
Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412
1
July 15, 2005
SCE
P.O. BOX ?60
Rosemead', CA 91770
Atten: Trance Frierson
RE: Principal
CJPIA
Member City
Palm Desert
Claimant
SCE
Your Claim
200501781
D/Incident
02/03/05
Our File
303794 DBQ
Dear Mr. Frierson:
�' E D
CITY CLEPK'S OFFICE
PALM bESEP,T. CA
?.005 JUL 21 AM 11: 36
As claim administrators for the self -insured City of Palm Desert, we have made a careful
examination of the circumstances surrounding the captioned occurrence and feel we have
enough evidence to make a decision on your claim. After evaluating the facts, we have
reached the conclusion that our principal is not responsible for this occurrence. We are
sorry we are unable to recommend settlement of your claim to our principal.
Our investigation reveals that the contractor working in the area was Granite Construction
@ 38000 Monroe, Indio, CA 92203 phone: 760-775-7500. We have sent a copy of your
claim to them and are, requesting they contact you with their findings. Please note, Granite
Construction was not working for the City, but rather on the private construction of the
"Stone Eagle " project.
This letter does not affect the notice that will be sent to you by the City of Palm Desert
regarding disposition of your claim.
Very truly yours,
CARL WARREN & CO.
Deborah Been
xcityof
Palm Desert, Rachelle Klassen
CARL WARREN & 0.-.(0)Fy
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Suite 400. Orange, CA 92868
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 COPY TO (J YI
Phone: (714) 740-7999• (800) 572-6900 • Fax: (714) 740-9412 a
MM..can p...e dx
DATF '7- a/-a5
I
Granite Con uc
38000 Mopfoe
Indio, C 92203
July 15, 2005
RE: Principal
CJPIA
Member City
Palm Desert
D/Event
02/03/05
Claimant
SCE
Our File
303794 DBQ
CI r Y Ct : £ K'S OFFICE
PtkLM DESERT, CA
2005 JUL 2 { AN If: 36
We are claims administrators for the self -insured City of Palm Desert. Attached is a copy of a
claim received by the city for your review.
The information we have been provided indicated you were working on the Stone Eagle project
when the damage occurred. Please contact the claimant directly with your findings.
Please confirm receipt of this claim by signing the acknowledgement block below and
returning it to the undersigned.
Very Truly Yours,
CARL WARREN & CO.
Deborah Been
ACKNOWLEDGED:
DATED:
Enc: Copy of Claim
cc: City of Palm Desert, Rachelle Klassen
CARL WARREN & C •
)'?'
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS I
750 The City Drive • Ste 400.Orange, CA 92868 COPY TO
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 q- i -
Phone. (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412
DATF 7 n�
I
o-
Klassen, Rachelle
From:
Errante, Michael
Sent:
Thursday, July 21, 2005 4:41 PM
To:
Klassen, Rachelle
Subject:
Claim 554 - SCE
Rachelle,
I believe Gary has already responded to this claim.
The recommendation is deny and forward to Stone Eagle Development and/or Granite.
Thank you,
Mike