HomeMy WebLinkAbout1977-11-15; City Council; 5253; Disputed bill for servicesCITY OF CARLSBAD
AGENDA BILL NO.
OATE: November 15, 1977
Initial: &&
Dept. Hd. '
DEPARTMENT:Public Works
C. Atty.
C. Mgr.
Subject:
DISPUTED BILL FOR SERVICES; MICHAEL STRAUB
Statement of the Matter
Mr. Michael Straub is protesting to Council a billing of $278.89 for service
provided by the Water Department relating to construction at Park Drive and
Monroe Street. A report and justification of the billing is contained as
Exhibit A. Correspondence relating to the matter is contained in Exhibit B.
EXHIBITS:
A. Memo from Director of Utilities & Maintenance to City Manager of
October 24, 1977.
B. Correspondence relating to protested bill.
RECOMMENDATION:
If Council concurs with staff that billings to Mr. Straub are correct, direct
staff to pursue collection through Small Claims Court.
Council Action:
11-15-77 Council concurred with staff that the billing to Mr. Straub
is correct, and directed staff to pursue collection through
Small Claims Court.
77-211
October 24, 1977
MEMORANDUM
TO: City Manager
FROM: Director of Utilities & Maintenance
SUBJECT: Disputed Billing; Case of Michael Straub
Mr. Michael Straub is protesting a billing from the Water Division in
the amount of $278.79. The billing was submitted to him for payment
to cover costs incurred because of three incidents relating to his
construction work at Park & Monroe. These costs were beyond those which
were charged to him for installation of services and other work relating
to existing services (no charge was required on the latter) which was
completed on April 14, 1977. It should be pointed out that when our
crew was performing this work in April, they were advised that the grade
stakes were set and that no further grading was required. (See attached).
INCIDENT #1 - occurred on or about June 15, 1977. Street Department
personnel reported observing water being used from a City hydrant
to wet down the unpaved, dirt portion of the street and that no
meter was attached to the hydrant. Chet Backus and Paul Partain
went to location to investigate. A construction meter had been
obtained, but was not being used because of the inconvenience.
Chet Backus' statement is attached.
A charge of $50 was billed for the estimated amount of water that
had been used since it appeared that they had not been using the
construction meter when wetting down the street. There was no use
of water without using a meter after the warning, to the best of
my knowledge.
INCIDENT #2 - occurred on July 12, 1977 and is described on the
attached work order as Break #1. This was caused by grading which
broke an exsiting 1" service. Mr. Straub is correct in stating
that the existing service was high, however it was our understanding
that grading had been completed in April when our crews were on the
job site. It should be pointed out that the Water Department was
not notified that grading would be going on, so we could have
provided a man to mark the service and/or verify the depth of cover.
It is the contractors responsibility to verify the depth by potholing
over any existing line or by whatever other means necessary to ensure
that his work does not cause damage to existing utilities (water,
electric, telephone, etc.). Charges relating to this incident include
replacing the 1" service, various connections, meter box, and 12 hours
of labor.
Michael Straub (continued)-2-October 24, 1977
INCIDENT #3 - occurred on July 18, 1977 just north of the previous
break and involved the replacement of a 2" valve. This break was
caused because of additional grading which was required by the City
Engineer Inspector to provide for curb transition. The Water Depart-
ment was not advised and a valve was broken - charges relating to this
incident are indicated as break #2. Charges for this include only
the costs of the replacement valve at $33.12. The valve was protected
by a meter box.
The following is a breakdown of the billing by incident:
INCIDENT #1
INCIDENT #2
INCIDENT #3
TOTAL
$ 50.00
195.76
33.13
$ 278.89
Mr. Straub is challenging the billing on the basis that the work required was
due to the negligence of the City. I believe that to be a false allegation
for the following reasons:
1. Construction meters are provided to be used when drawing water from
a hydrant. Mr. Straub did pay for all water registered through his
meter - the fact remains that water was used which was not metered
and our Code authorizes the Water Superintendent to make a reasonable
estimate of water used that is unmetered.
2. The Water Department work crew was advised in April that grading
was complete.
3. No requests for line markings or assistance in locating lines was
made.
4. Responsibility to avoid existing utilities is the responsibility
of the persons doing the work.
I believe there is full justification for the charges and enough evidence
can be provided to support this claim in Small Claims Court.
ROGEBPW. GREER
Director of Utilities & Maintenance
Attachment
RWG:pag
MICHAEL STRAUB
General Contractor
Lie. #300125
P. 0. Box 1306 , __CARLSBAD, CALIFORNIA 92008 September 2/,
City of Carlsbad
City Council
1200 Elm Avenue
Carlsbad CA 92008
RE: Invoice for 1" copper service at Monroe and Park
Dear Council Persons:
The above referenced invoice is hereby protested for the reasons
as follows:
1. The water used for dust control was fully metered. See last bill
of $98.53 meter No. 378.001. It was on the job for the entire duration
and used each time the street was watered. Meter was supplied and
picked up by Carlos.
2. While you did lower the service as necessitated by the street im-
provements it was not on an emergency basis. Upon breaking the
service the end was bent and sealed to stop the flow. The water de-
partment was then notified. The work was then scheduled to fit your
work load and remained broken for a number of days as it was not used.
The water department was not notified beforehand as services are not
normally so high that a tractor removing paving and grading for curb
will hit them. Please see attached invoice and previous correspondence.
,/?/ I) /?<3L
Phone (714) 729-4484
1200 ELM AVENUE «, Xs^ ri TELEPHONE:
CARLSBAD, CALIFORNIA 92008 VV«Or (//"I (714)729-1181
Ctt? of Cartebatr
November 16, 1977
Michael Straub
General Contractor
P.O. Box 1306
Carlsbad, California 92008
Dear Mr. Straub:
Your protest addressed to the City Council on September 27, 1977,
of a bill from the City of Carlsbad in the amount of $278.89 was
heard and denied by Council at their regular meeting of November
15, 1977.
Accordingly, I have requested the Director of Finance to deduct
this amount from a refund of $426.80 due to you for a IV service
connection at 255 Tamarack that was not installed. A warrant will
be processed and forwarded in the amount of $147.91 in the near
future.
Sincerely,
. GREER
Director of Utilities & Maintenance
RWG:pag
77-203
W.-274
October 13, 1977
MEMORANDUM
TO: Utilities Superintendent
FROM: Water Pump Foreman
SUBJECT: Unauthorized use of water
On approximately June 15, 1977, I had a call from Dave Hall in the
Streets Department that someone was drawing water at the hydrant
located at the corner of Park and Monroe without a meter. It was
approximately 5:00 PM and I told Paul Partain to come with me to
check on it.
When we got there, there was a fellow watering the road with a
IV hose from a fire hydrant and no meter was attached to the
hydrant. I asked him where his meter was and he said he forgot to
put it on. I told him to get it on and there would probably
be a charge for the water he had just drawn.
CHESTER BACKUS
Water Pump Foreman
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