Pursuant to my rights under the California Public Records Act (Government Code§§ 6250, et. seq.) and the Freedom of information Act (5 U.S. Code§' 552), please provide all the requested documents allowed by law, which are held by your agency. This information is necessary and applicable to the timely filing of appropriate claims that initiate any and all administrative and court processes under the government Claims Act (Government Code§§ 814 et. seq.).
My Client: Richard Roberson
Subject Matter: This request seeks information relating to the scene of a bicycling injury suffered by Richard Roberson on November 6, 2018. The injury was caused by u latent, defective, and dangerous road condition per the attached "Get it Done" Report submitted by my client. Specifically, a water utility hole cover is embedded in a recessed orientation well below the surface of the asphalt, with a sharp, deep, and unexpected cutout !hat presents n hazard similar to a pothole. Further, due to its orientation adjacent to two similar-looking utility covers that are flush to the ground (and therefore safe), this surprisingly
Location: The dangerous condition was fund in the Eastbound lane of Monroe Avenue, a few feet to the west of where Monroe Avenue intersects with Max Dr. from the North and Menlo Ave. from the South. The nearest residential address is 4651 Monroe Ave., San Diego, CA. Records requested include all available records relating to construction on the private premises identified above as well as any related public works projects affecting adjacent public land. In particular, we seek a detailed
1.For purposes of this request, the phrase "the subject location" refers not only to the privately owned parcel identified by the address above, but also to any adjacent public property, including but not limited to adjoining streets and alleys, sewers, and other public utilities infrastructure.
2.For purposes of this request, the "City of San Diego" refers not only to all agencies of the
city, but also to all other public entities known by the City to have been involved with the
planning, approval, supervision, management, inspection, compliance enforcement, or
administration of or relating to any work performed at or adjacent to the above location.
Public Records Requested: Any and all, construction, maintenance, safety, repair and inspection, compliance, enforcement, and permitting records pertaining to:
1. The names (and contact information) of all contractors performing work at the subject location.
2. The names of all public entities involved in the planning, approval, supervision,
management, or administration of any work performed at the subject location.
3. All contracts for the roadwork, grading and paving, asphalt, concrete, sidewalks, sewer repair, water line repair, public utilities work, ,or landscaping, and nny other repairs done at the subject location.
4. With respect to all such contracts described above, any and all p1·ojcct-snccific standardized documents generated in the ordinary course ofbt1siness, including but not limited to:
a. Project Administration,
b. Project Summary
c. Project Documents
d. Task Management
e. Change Order Management,
f. Code Compliance,
5. All engineering plans for the above location.
6. All construction site plans for the above location.
7. All construction plans, and safety protocol for the above location.
8. All construction safety warning plans for the above location.
9. Traffic Safety Plans including all required construction safety devices, including but not limited to, cones, signs, barricades, flagmen, electrical signs, or hole plate coverings.
10.All construction maps, drawings or blueprints for the above location.
11. All insurance policy limits of liability coverage for the above contractors who performed work at the above location.
12. All indemnity agreements between the City of San Diego and the above contractors who performed work at the above location.
13. All construction inspection records for the above location
14. All investigation reports (not privileged or protected by law) related to the above incident at the above location.
15. All construction permits and certificates of occupancy applied for, granted, or rejected for work at the above location, including but not limited to permits relating to water, plumbing, utilities, asphalt or concrete, grading, landscaping, or digging.
16. Any and all publications, policies, standards, and regulations of the City of San Diego regarding best construction practices relating to roadway, water, plumbing, utilities, asphalt or concrete, grading, landscaping, or digging that relate to the work performed at the subject premises, including but not limited to the Green Book, the White Book and the Manual of Uniform Traffic Control Devices (MUTCD)
17. Any and all 1>11blic11tions, policies, standards, and regulations prepared, distributed, or
used by the City of San Diego industry standards or best practices in planning, design,
drafting, engineering, construction, inspection, improvement,alteration, servicing, and repair
of public infrastructure, including hut not limited to road, water, plumbing, utilities, asphalt or
concrete, grading, landscaping, or digging that relate to the work performed at the subject
18. All job-specific documents that apply the above standards to the subject matter and the subject
location, including original planning data and all change orders containing dimensions, geometric
design,surface contour, horizontal and vertical alignment, drainage, material properties, safe traffic flow, and bicycle and pedestrian safety.
19. All written policies, standards, and regulations of the City of San Diego regarding
construction safety requirements and expectations of contractors including but not limited lo
the Green Book, the While Book, the Blue Book, and the Manual of Uniform Traffic Control Devices
20. All construction safety manuals prepared by or distributed by the City of San Diego for
the use of contractors.
21. All agreements relating to worksite safety responsibilities executed between the city of San Diego and the above contractors who performed work at the above location.
22. All photographs of the Scene obtained by the San Diego Police Department or other City personnel in the course of any investigation
23. Any records of previous repairs at the subject location due or other evidence of recurrence of the defective condition.
24. All witness statements obtained by the San Diego Police Department or other City Personnel in the course of any investigation.
For purposes of this request, please find the following enclosed documents to assist your office in discovering relevant responsive materials:
l. Screen shot of Reply to "Get it Done" Report submitted by Mr. Roberson concerning the subject
location (Report Number 0244701 1).
2. Screen shot of the initial online report submitted by Mr. Roberson.
3. Close-up photograph of Mr. Roberson 's bicycle wheel resting i n the recessed space below the
4 . Horizontally oriented photograph of MR. Roberson 's bicycle wheel resting i n the hole, showing
that the hole is deeper than the profile of the bicycle's tire.
5. Close-up photograph of the repaired hole, showing a significant horizontal area was required to
adequately fill the recession.
6. Photograph of the repaired hole.