Title
SPECIAL CLAIM SC-1516-7: FROM SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T OKLAHOMA IN THE NEGOTIATED AMOUNT OF $4,735.40 FOR COSTS TO REPAIR A CABLE DAMAGED DURING INSTALLATION OF A STORM DRAIN AT 2005 GRAND VIEW AVENUE.
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BACKGROUND: A claim has been filed by A T & T in the amount of $6,056.92 for damages incurred to a telephone cable at 2005 Grandview Drive on or about June 10, 2015, by a City crew installing a storm drain.
DISCUSSION: This incident was investigated by Greg Hall, Street Superintendent. Mr. Hall's investigation confirmed that the City's crew was preparing to replace the failed storm water pipes at 2005 Grandview Drive in early June, 2015. His investigation confirmed that the City crew did damage the line when tying the storm water pipe into the existing junction box. Mr. Hall indicates that the operator removed additional dirt and unintentionally went several inches deeper than what had been previously cleared by hand digging which caused damage to the line. However, Mr. Hall also reported that the A T & T line was incorrectly placed under the city storm water system. This is the second claim filed by A T & T for damage to their equipment in this area during the same project. It has been confirmed by staff that the claims are for separate damages.
As a result of this damage, A T & T did relocate the line and their representative agreed that the location of their line contributed to the damage. Therefore, after negotiations, A T & T has agreed to settle this claim in the reduced amount of $4,735.40.
It appears there could be possible negligence on the part of the City in this matter and staff recommends payment of this claim in the reduced amount of $4,735.40.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's office that the claim of A T & T in the amount of $6,056.92 be paid in the settlement amount of $4,735.40, as set forth above, be approved.
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