HomeMy WebLinkAboutMINUTES - 07251989 - 1.19 To: BOARD OF SUPERVISORS
FROM: . Victor J. Westman, County Counsel Colra
By: David F. Schmidt, Deputy County Counsel CostaDATE: July 14, 1989 1M^
SUBJECT: Settlement of Litigation - Gallagher & Burk, Inc Ov. 00vunt
of Contra Costa; Superior Court Case No. C88-04538
East Bates Assessment District Project (North Concord area)
SPECIFIC REQUEST S) OR RECOMMENDATION(S) & BACKGROUND ANO JUSTIFICATION
RECOMMENDATION:
APPROVE Settlement Agreement and AUTHORIZE Board Chair to sign,
AUTHORIZE dismissal of cross-complaint, and DIRECT County Counsel
to take all steps necessary to finalize dismissal.
FINANCIAL IMPACT:
None.
REASONS FOR RECOMMENDATION/BACKGROUND:
On May 2, 1989, the Board approved settlement of this case with
plaintiff Gallagher & Burk, Inc. ( "G & B" ) . Under the terms of
the settlement, the County paid $136 ,000 . 00 to G & B for
additional work performed on the East Bates Assessment District
Project in the North Concord area. Payment for the extra work
came from excess assessment district funds.
While the main case has been settled and dismissed, the County's
cross-complaint against the design engineer, Isakson &
Associates, Inc. ( "Isakson" ) , is still pending. A tentative
settlement has now been reached with Isakson. In exchange for
dismissal without prejudice of the cross-complaint and waiver of
reimbursement, Isakson has agreed to deliver as-built drawings to
the County, to acknowledge payment in full and to waive its
attorney's fees and costs . The Public Works Director and County
Counsel jointly recommend that the Board authorize dismissal of
the cross-complaint, thus ending this lawsuit.
CONSEQUENCES OF NEGATIVE ACTION:
The lawsuit would continue at additional expense to the County.
CONT 1 NUED ON ATTACHMENT: _ YES S■GNATURE'
RECONMENDAT ON OF COUNTY AO6IM STRATOR RECOMMENDATION OF�BOARD C®M '6'BEE�
APPROVE OTHER
SIGNATUREISI:
ACTION OF BOARD ON July 25 , 1989- APPROVED AS RgC X OTNoa
VOTE OF SUPERVISORS
I HEREBY cEurlFr YmT TMs Is A TRUE
X UMNINOLIS (ABSENT — A AND COsaRIECT CXxY OF AN ACTION TAMW
AYES: FADES: AND ENVEMM ON THE IEIM ES OF TIS I ON=
ASF: ABSTAIN: OF SUPE1RVISCRS ON THE; DATE _
cc: County Counsel ATTESTS® July 25 , 1989
Public Works (via County Counsel) PHIL EATCHOLCR CLERK OF THE BOAM OF
C.__ Z
M382/7-83