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SPECIAL CLAIM SC-1415-15: A CLAIM IN THE AMOUNT OF $1,877.38 FROM SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T OKLAHOMA FOR DAMAGES INCURRED TO A CABLE BY A LINE MAINTENANCE CREW DURING REPAIRS TO A WATER LINE AT 2732 CIMARRON DRIVE.
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BACKGROUND: A claim has been filed by A T & T in the amount of $1,877.38 for damages to an A T & T underground cable located at 2732 Cimarron on February 9, 2015.
DISCUSSION: This claim was investigated by David Hager, Utilities Manager. According to his investigation, a City crew was performing a horizontal auger bore underneath a driveway approach at 2732 Cimarron. Staff had exposed an electric main at a depth of 40 inches outside the driveway but had been unable to locate the Cox Communications or AT&T cables within the area marked by flags and paint. At that point, staff assumed the cables were buried at a depth greater than 40 inches and it would be safe to horizontally auger at 32 inches deep. Staff could not hand dig and did not want to tear out the entire driveway. However, the A T & T cable was not below the electric main at 40 inches and was damaged when the reamer hooked the cable as they were reaming back.
This incident occurred on the Cimarron Drive (WA0029) water main replacement project.
As indicated above, there appears to be possible negligence on the part of the City in this matter and, consequently, potential liability on the City. The amount claimed by AT&T in the amount of $1,877.38, appears reasonable.
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 $1,877.38 be paid.