The URL can be used to link to this page

Home My WebLink AboutSUPPTL INFO - Claim #619 a� .c.. . ,�_'.� ;! ; r ,t -- � �c ��'F+iL� ;C��, �;,� � i 1�..i't ll C 3 f h T• li N April 3, 2008 ��'� �� -� P� �2� �3 "I'O: The City of Palm Desert ATTENTION: Rachelle D. Klassen, City Clerk RE: Claim : Paul Leprevost v. Palm Desert Claimant : Paul Leprevost D/Event : 02/15/08 Rec'd Y/Office : 03/07/08 Our File : 1472682 DBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIMREJECTION: Send a standurd 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 WA N & COMPANY l � Deborah Been CARL WARREN & CO. CLAfMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia,CA 92870-6832 �' /_��/n Mail: P.O. Box 25180•Santa Ana,Ca 92799-5180 (�'Q�'�Q C �._. Phone: (714)572-5200 •(800)572-6900•Fax:(714)961-8131 � �� nSQ��Um .�. DATE �_�-�� ._ _ ;..;�; ,,��i �� z ;,(T ; :;�ER�. 'S��FFIC� F f;l_!�i U E S F:;� �i . C t� �roR �Qq —� Pr� i2� 03 GOVERNMENTAL ENTITY PRELIMINARY REPORT � TO:Carl Warren & Crompany DATE: 4/3/2008 Atten: Dwigh-'Kunz CLAIMANT: Paul Leprevost FILE NO: 1472682 DBQ D/EVENT: 02/15/08 FILING DATE: 3/075/08 SIX MOS.: Yes PRINCIPAL/CITY: CJPIA/City of Palm Desert. RECOMMENDED ACTION ON CLAIM: Claim rejection. FACTS: The claim is presented for reimbursement of charges incurred during work by a contractor. POSSIBLE CO-DEFENDANTS: Herman Weissker, Inc. EVALUATION: The City has provided us with the identity of the contractor. We are tendering the claim to the contractor and referring the claimant. RESERVES TYPE OF CLAIM AMOUNT 1. Paul Leprevost LPD $500.00 COURSE OF ACTION: We have placed our file on diary for a copy of the rejection notice and possible further action by the claimant. Very truly yours, CARL RREN & COMPANY ;' ; � ^ � DeYSor Been c��City of Palm Desert, Attn. Rachelle D. Klassen � '. CARL WARREN & CO. Co�rTo �� CLAIMS MANAGEMENT•CLAIMS ADJUSTERS cy 770 Placentia Avenue, Placentia,CA 92870-6832 i/_ �` 4� Mail: P.O. Box 25180•Santa Ana,Ca 92799-5180 DATE �f Phone: (714)572-5200 •(800)572-6900•Fax:(7l4)961-8131 , .�1:.; �l:i.! .:'' � r �? ��i�; �5 Of FICE =�;�r; ��s��;�. ca April 3, 2008 ��0,� ��'R _� Pj� I�: 03 Herman Weissker, Inc 2820 Industrial Drive Bloomington, CA 92316 j' RE: Principal : CJPIA Member : City of Palm Desert D/Event : 02/15/08 Claimant : ,�,�,��L�cS� Our File : 1472682 DBK 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. Since the City of Palm Desert contracted with you, we are tendering this claim over to you for your investigation and handling. 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 ACKNOWI.,EDGED: DATED: Enc: Copy of Claim �'4 J cc: City of Palm Desert, Rachelle Klassen �••`./ / `�� ARL WARREN & CO• ry1�r CLAIMS MANAGEMENT•CLAIMS ADJUSTERS �"� 770 Placentia Avenue,Placentia,CA 92870-6832 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 COPY TO 'J� F_ r�►r� Phone:(714)572-5200 .(800)572-6900•Fax:(714)961-8131 -r G - 2c�e.n b(u rri DATE y" - � -0� ...,,�" '�:,u .;i � �C:t�ri�� '� �i�F(CE ?,�i..P�� EStR7. C� Apri13, 2008 ��[l� �pR -7 P�f �2: �3 Paul Leprevost- 72-795 Home�tead Road Palm Desert�CA 92210 / � RE: Principal : CJPIA Member : City of Palm Desert Claimant : Paul Leprevost D/Incident : 02/15/08 Our File : 1472682 DBK 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, Herman Weissker, Inc @ 2820 Industrial Drive, Bloomington, CA 92316. Phone 909-877-2470. We have sent a copy of your claim to them and are, requesting they contact you with their findings. 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 cc: City of Palm Desert, Rachelle Klassen � � ,� �4. ; ��..�� CARL WARREN & CO. ;_==�- CLAIMS MANAGEMENT•CLAIMS ADJUSTERS '� �� 770 Placentia Avenue,Placentia,CA 92870-6832 ` Mail P.O.Box 25180•Santa Ana,Ca 92799-5180 � Phone:(714)572-5200 •(800)572-6900•Fax:(714)961-8131 COPY TO { �� `� � , C ll b l v m "��'�.,.�."�".. DATE�-7-�c� ��_'�� CITY OF PALM DESERT � 73-510 Fred Waring Drive Paim Desert, California 92260 , Tel: (760) 346-0611 Fax: (760) 779-1044 LIABILiTY CLAIM ADMINISTRATION FORM The Claim filed against the City by / �1.� ��'�v��j� in the amount of$ (not to exceed $5,000.00) was filed on � S�tR-�- � Recommendation to: � Sett1e claim in the amount of$ � Reject claim. � Adjudicate claim according to insurance recommendation. � Adjudicate claim in another manner. , Specify: ,�� A�i�� p� �� 2�L �� UV�f,� Zpi�. Recommendation by: �--2 ~ a� Name Date Approval: Ca�1os L. O�tega, City Manager Date Concur: David Erwin, City Attorney Date cc: Claim File, City Clerk Gary Rosenblum, Risk Manager � � ;� t,. �� - �� VP � � � �(P �� . tl� �, � � ir f: �i, 1� � .. .. . ,. . �t� l'_, n 4�t' � �., 73-5�0 FRED Vt1ARING DRIVE PALM DESERT, CALIFORNIA 92260-2575 TEL: 76o 346—o6ii I Frix: 76o 340-0574 � info�palm-desert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF THE OFFICE OF ENERGY MANAGEMENT, RISK MANAGER FROM: CITY CLERK DATE: MARCH 10, 2008 SUBJECT: CLAIM NO. 619 - CLAIM AGAINST THE CITY BY PAUL LEPREVOST IN AN UNSPECIFIED AMOUNT The attached Claim No. 619 is being transmitted to you for the following: ❑ Information only. or � Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by April 10, 2008, for timely response to the Claimant. NOTE: Attached are a copy of the agreement and Certificate of Insurance for the project known as "Contract No. C24460 - Installation of Undergrounding Substructures, Conduit, and Service Work Required for Utility Undergrounding for the Palm Desert Highlands Utility Undergrounding Assessment District No. 04-01," which are related to the incident giving rise to the subject Claim. I��B� /' �� Rf�LHELLE �i. KL.l�SSE�J, C;i�C CITY CLERK Attachments (as noted) Eo�ma�� •�� CITY OF PALM DESERT � � OFFICE OF ENERGY MANAGEMENT . MEMORANDUM TO: Rachelle Klassen FROM: Pat Conlon DATE: March 12, 2008 SUBJECT: Claim No. 619 Please refer Claim No. 619 to the Contractor's insurance company. l- Pat onlon, Director Office of Energy Management +,� :� ad s i a��a ��az t� � ��s 3 e �-a�t�y�: 3�I��G 5. :��?�?� ?, .L;^ c.„ � ,�,,... _. . � _ ,. G:1Energy ManagementUane Stanley�Forms and TemplatesWlemo Form Pat Conlon doc �,:l.i i_i.� f'ti!��;�•`��c.4-�:, (irrll�� t,r, PAUL LEPREVOST 2n��'�� —7 �y ��: 43 72-795 HOMESTEAD ROAD CIY'Y OF �A.L+�1 t�F�EP.T PALM DESERT, CA 92210 A5SiGNER CLAIM �!�• r�.�!�- PHONE AND FAX 760-568-3872 HERMAN WEISSKER INC. 3-2-2008 PRESIDENT, VICE PRESIDENT, PROJECT MANAGER. RE; SEWER LINE COLLAPSE 2-15-2008 ON THE ABOVE DATE MY HOUSE FLOODED DUE TO A COLLAPSE OF MY SEWER LINE. IT FLOODED THE MASTER BATH, GUEST BATH, MASTER BEDROOM, AND OFFICE, LUCKILY IT WAS CONTAINED TO THE BACK OF THE HOUSE BECAUSE I WAS HERE TO STOP AND CONTAIN IT. THIS HAPPENED ABOUT 6:00 A.M. ON 2-15-1008. I IMMEDIATELY CALLED SERVICE MASTER AS THE BEDROOM WAS COMPLETELY SOAKED AND WATER WAS POURING OUT OF THE BATHROOMS. I THEN WENT TO MY GARAGE AND GOT OUT TWO SHOP VAC'S AND STARTED SUCKING UP AS MUCH WATER AS I COULD, EVEN THE SHOWERS IN BOTH BATHROOMS BACKED UP AND OVERFLOWED. I PERSONALLY SPENT OVER 12 HOURS THAT DAY TRYING TO MINIMIZE DAMAGE, AND REMOVE THINGS THAT MIGHT POTENTIALLY GET DAMAGED BY THE WATER. I CALLED MY PLUMBER AND HE TOLD ME THERE MUST BE A BLOCKAGE IN THE SEWER LINE AND TO CALL MR. ROOTER TO CLEAR THE BLOCKAGE. AFfER MR. ROOTER ARRIVED ABOUT 5 HOURS LATER AND AFTER DIGGING A 4 FOOT DEEP HOLE HE DISCOVERED THAT WHEN YOUR COMPANY CORE DRILLED FOR THE UNDERGROUND WORK, YOU DRILLED THROUGH MY SEWER LINE THUS CAUSING IT TO COLLAPSE. SERVICE MASTERS HAD TO RIP OUR THE CARPET IN THE MASTER BEDROOM, AND A STRIP ABOUT 3 FEET WIDE IN THE OFFICE, THEY INSTALLED A HUMIDIFIER, AND 9 FANS TO BLOW THE AIR AROUND AND DRY UP ALL THE WATER, SO MY ELECTRIC BILL WILL PROBABLY BE EXTREMELY HIGHER. I CALLED THE CITY OF PALM DESERT AND TALKED TO PAT CONLIN AND HE TRIED TO CALL YOUR PROJECT MANAGER PAT JEFFERIES FROM HERMAN WEISSKER INC, BUT HIS PHONE WAS FULL OF rViE55ACit5 5U 'V1i� CIUULUN'I Ltl�►i�� lilllfl A M�S�p►liE, li� I'IitiV C;A��i� YOUR MAIN PHONE #AND GOT A HOLD OF PETE VAN EMON THE VICE PRESIDENT OF YOUR COMPANY (HERMAN WEISSKER INC.) MR. VAN EMON APPOLIGIZED FOR THE PROBLEM AND SAID HE WOULD GET IN TOUCH WITH PAT JEFFERIES AND GET THE BALL ROLLING. A SHORT TIME PASSED ANT PAT JEFFERIES CALLED BACK AND TOLD ME TO SEND MR. ROOTER HOME AND HE WOULD SEND A CREW TO REPAIR THE DAMAGE. MR. VAN EMON CALLED ME BACK VERY CONCERNED TO MAKE SURE PAT JEFFERIES HAD GOTEN IN TOUCH WITH ME AND I TOLD HIM HE HAD AND WAS SENDING A CREW. BOTH PAT JEFFERIES AND VICE PRESIDENT PETE VAN EMON TOLD ME THEY WERE VERY SORRY AND NOT TO WORRY THAT ALL THE DAMAGED CAUSED WHICH WAS OBVIOUSLY THEIR FAULT AND WOULD BE TAKEN CARE OF. THEIR CREW SHOWED UP AT ABOUT 7:30 P.M. THAT EVENING AND FIXED THE COLAPSED SEWER LINE AND LEFT ABOUT 9:45 P.M. THAT EVENING. ON TUESDAY, THE DAY AFTER PRESIDENTS DAY 2-19-2008 I AGAIN CALLED PAT JEFFERIES, AND PETE VAN EDOM, I TOLD THEM THAT I HAD TALKED TO MY HOMEOWNERS INSURANCE, MY INSURANCE CO. TOLD ME TO TALK TO HERMAN WEISSKER INC. TO SEE HOW THEY WANTED HANDLE THE DAMAGE. BOTH PAT JEFFERIES AND PETE VAN EMON TOLD ME TO TELL MY INSURANCE COMPANY THEY WOULD TAKE CARE OF ALL INSUING DAMAGE BECAUSE THE INITIAL PROBLEM WAS THEIR FAULT. IN THE BEGINNING IF HERMAN WEISSKER INC. WOULD HAVE TOLD ME TO DEAL WITH MY HOMEOWNERS INSURANCE CO. I WOULD HAVE, BUT THEY DIDN'T AND AT THAT TIME 1 HAD NO REASON TO DOUBT THE INTEGRITY OF HERMAN WEISSKER INC. AFTER TALKING WITH THE PROJECT MANAGER AND VICE PRESIDENT OF THE COMPANY. THE SWITCH IN THEIR POSITION HAS COST ME NOT ONLY A LOT OF PERSONAL TIME, BUT THE DELAY IN THE COMPLETION OF THE DAMAGE TO MY HOUSE. ON THAT SAME DAY TUESDAY 2-19-2008 AND FOR THE NEXT 4 DAYS UNTIL FRIDAY I TALKED TO BOTH PAT AND PETE ON A FEW OCCASIONS AND ON EVERY PHONE CALL THEY SAID TO KEEP MY RECEIPTS, APPOLIGIZED AGAIN AND AGAIN, AND KEEP THINGS GOING SO I CAN GET BACK TO NORMAL. SINCE 2-15-2008 MY BED HAS BEEN IN MY GARAGE, MY OFFICE IS A MESS, I HAVE BOXES STACKED EVERYWHERE AND MY GARAGE AND CLOSETS ARE FULL AND I'M UNABLE USE THE TWO ROOMS IN THE BACK OF THE HOUSE. I HAVE BEEN SLEEPING ON A RECLINER AND ON THE LIVING ROOM COUCH. ON FEBRUARY 25T"A REBECA CHRISTY FROM MERUELO ENTERPRISES, INC. PHONED AND SAID SHE HAD TO SEND NORM HOLLINGSWORTH AN INVESTIGATOR TO COME TO MY HOUSE, FIND OUT WHAT HAPPENED, AND TAKE SOME PICTURES, SO ON TUESDAY FEBRUARY 26T" NORM SHOWED UP, TALKED TO ME ABOUT WHAT HAPPENED, TOOK SOME PICTURES, TOOK THE RECEIPTS FOR THE WORK DONE, AND APOLIGIZED FOR THE INCONVIENCE AND TOLD ME HE WOULD TURN IN HIS REPORT AND NOT TO WORRY, IT WAS DEFINETELY NOT A PROBLEM AS FAR AS REIMBURSEMENT GOES. THEN ON THE NEXT DAY FEBRUARY 27T" REBECA CHRISTY CALLED ME AND TOLD ME THAT ALL THIS WAS ABOVE HER HEAD AND SHE DIDN'T KNOW HOW TO HANDLE THIS AND TOLD ME TO CALL MY HOMEOWNERS INSURANCE AND DEAL WITH THEM. ' i IMMEDIATELY CALLED PAT JEFFERIES AND HE COULDN'T BELIEVE SHE HAD TOLD ME THAT, HE SAID HE WOULD WALK ACROSS THE STREET TO THE MAIN OFFICE AND TALK TO THE PRESIDENT AND VICE PRESIDENT OF THE COMPANY AND CALL ME RIGHT BACK. THAT WAS THE LAST PHONE CALL i RECEIVED FROM ANY ONE FROM HERMAN WEISSKER INC. NEITHER PAT JEFFERIES, PETE VAN � EMON, NOR ANYONE WOULD RETURN MY MANY PHONE CALLS FROM THAT TIME FORWARD. I CALLED MY INSURANCE CO. AND THEY SENT AN ADJUSTER AND WILL SETTEL THE CLAIM AND DEAL WITH HERMAN WEISSKER INC. THEY ALSO TOLD ME THAT THERE WILL BE THINGS THAT WILL NOT BE COVERED, LIKE REIMBURSEMENT FOR THE HOURS OF PACKING AND UNPACKING, AND POSSIBLY SOME OTHER ITEMS THAT WON'T BE COVERED SO I WILL LOOK TO HERMAN WEISSKER INC. FOR REIMBURSEMENT OF THOSE ITEMS. REPRESENTATIVES FROM HERMAN WEiSSKER INC. TOLD ME FOR 12 DAYS OVER AND OVER IT WAS THEIR FAULT, GET THINGS DONE, AND THEY WOULD TAKE CARE OF WHAT EVER IT TOOK TO GET ME BACK TO THE WAY THINGS WERE UNTIL THE SEWER COLLAPSE. I DID RECEIVE AN E-MAIL FROM REBECA CHRISTY ON 2-27-2008 STATING THAT THEIR INVESTIGATION IS INCOMPLETE. AFTER ALL THE APOLIGIZES AND ALL THE PROMISES TO REPAIR THE DAMAGE TO MY HOUSE, THE PEOPLE AN HERMAN WEISSKER INC. DOESN'T EVEN HAVE THE COMMON CURTASY OR DECENCY TO RETURN MY PHONE CALLS. I HAVE BEEN IN BUSINESS FOR OVER 30 YEARS AND THE LAST THING I WOULD DO IS ABONDON SHIP AFTER PROMISING A CUSTOMER FOR ALMOST TWO WEEKS DON'T WORRY, WE WILL TAKE CARE OF EVERYTHING BECAUSE OF A PROBLEM 1 CAUSED, AKNOWLEDGE, AND PROMISED TO DO SO. IN CLOSING I WILL AGAIN STATE THAT I W1LL LOOK TO HERMAN WEISSKER INC. FOR REMBURSEMENT FOR ITEMS NOT COVERED BY MY HOMEOWNERS INSURANCE CO. IF THE HERMAN WEISSKER INC. COMPANY DOESN'T REIMBURSE ME FOR THE ABOVE, I WILL ALSO LOOK INTO ANY POSSIBLE LEGAL ACTION I MIGHT BE ABLE TO PERSUE BECAUSE OF THE DAMAGE CAUSED BY HERMAN WEISSKER INC. DRILLING THROUGH MY SEWER LINE. � C.C. PAT CONLIN CITY OF PALM DESERT C.C. PAT JEFFERIES PROJECT MANAGER OF HERMAN KEISSLER INC. C.C. PETE VAN EMON VICE PRESIDENT OF HERMAN KEISSLER INC. C.C. RON POLITTE PRESIDENT OF HERMAN KEISSLER INC C.C. ATTORNEY; CLIFF CASEY SINCERELY; � C! �"'� �`.c- �/ PAULLEPREVOST