HomeMy WebLinkAboutMINUTES - 09251984 - 1.16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 25. 1984 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder and Torlakson
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Alhambra Creek Bank Repair at ) _
Sonora Court, Project No. )
7505-6F7750-83, Martinez Area; )
Authorization for Legal Action. )
The County Counsel and the Public Works Director, as Chief
Engineer, ex officio, of the Contra Costa County Flood Control &
Water Conservation District, advise that:
On August 23, 1983 , this Board, as governing body of the Contra
Costa County Flood Control and Water Conservation District awarded
the above-referenced contract to Precision Seeding, 3181 Auburn-
Folsom Road, Newcastle, California 95658 . The contract for the
subject project was entered effective September 6 , 1983 , and the work
was thereafter commenced by Precision Seeding, but not completed.
The surety, Cal-Farm Insurance Company, pursuant to its obligation under
the performance bond, completed the work required under the contract.
The project was accepted as complete on May 15 , 1984 .
Currently following deductions for liquidated damages ,
there is due and owing, the sum of $17 , 505 . 00 on the project.
This is currently being withheld because at least nine sub-
contractors of the original contractor, Precision Seeding, have
filed stop-notices against funds due under the project. At this
time, at least three of the stop-notice claimants have filed suit
against the Flood Control District to enforce their stop-notice
claims. The County Counsel and the Chief Engineer of the District
recommend that the Board of Supervisors authorize the County Counsel
to take all legal steps necessary to defend the District against
the stop-notice actions, including the filing of a complaint in
interpleader against all claimants to the funds due under the contract.
IT IS BY THE BOARD ORDERED that the recommendation of the
Chief Engineer of the District and the County Counsel is APPROVED.
The County Counsel is authorized to take all legal steps necessary to
defend the Flood Control District against the stop-notice actions ,
including the filing of a complaint in interpleader.
1 hereby eartft that thle is a MW d"torrect Copy of
an action taken and ontered on the minutes of Ow
WArdi of superY134r8 the date shown.
ATTESTED:
PHit.SATCHEL R,Clerk of the Board
of Supervisors and County Administrator
by .duhâ–º
Orig. Dept.: County Counsel
CC: County Administrator
Public Works Director (D/C)
SEP 2 51984