HomeMy WebLinkAbout04.m. Deny claim for damages submitted by Connie EasterlyCentral Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 1, 2011
subject: DENY CLAIM FOR DAMAGES SUBMITTED BY CONNIE EASTERLY
Submitted By: Initiating Dept. /Div,:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
S. Deutsch R. us ves K. Alm James elly,
General Manager
ISSUE: The District has received a claim for $4,500 in damages arising out of a
sewage overflow into the claimant's property.
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: On January 24, 2011 the claimant noticed moisture on the surface of
soil along the rear of his property. He contacted the District on January 27th and staff
responded the following day. The District inspector investigated the issue and
discovered that the contractor working on the Martinez Sewer Renovations Project,
Phase 3 (DP 5952) had failed to reconnect what turned out to be a second lateral to a
nearby home. The lateral was reconnected the same day.
The leak caused minimal damage to soil in the immediate area. This soil was removed
but since the claimant was in the process of renovating his yard, he asked that the
excavation area not be backfilled until his new bamboo beds were ready for installation.
Instead, the District's contractor installed quick -set concrete to protect the lateral and
agreed to remove other debris from the claimant's yard as compensation for his initial
cost to excavate to find the leak. The claimant and contractor reached this agreement
independently, with no input from the District.
On July 22, 2011 we received a claim for $4,500 for costs to replace mature bamboo
plants, concrete curbing, irrigation lines and lighting for the excavation and backfilling of
a trench over 25 feet long. None of this work was necessary to reconnect the missed
lateral.
POSITION PAPER
Board Meeting Date: September 1, 2011
subject. DENY CLAIM FOR DAMAGES SUBMITTED BY CONNIE EASTERLY
The Budget & Finance Committee reviewed this matter at its August 29, 2011 meeting.
RECOMMENDED BOARD ACTION: Deny the claim.
HAClaims \Easterly \Easterly Denial PP 09011 tdoc