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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: •- . rdk Attachment (as noted) 4tH'L4--rILL FOR COMMUNITY Si . CITY MANAGER ES/P.I.O. H IWPdata',WPOOCSiCLAIMS1554-reject staff rpt wpd $01ARMCUROM E DI SO l d �Mmmumffili o w"" 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 N C) C) 0 00 rn 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