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TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: September 21, 1999
SUBJECT: AUTHORIZE the Chief Engineer to pursue legal action through County Counsel to recover all costs
and, if possible, legal fees from any parties which may include Shaw Properties, CB Commercial,
International Parking Design, and Bay Cities Paving and Grading, responsible for the damage and
necessary repairs to the Tice Creek Box Culvert, Walnut Creek area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
AUTHORIZE the Chief Engineer to pursue legal action through County Counsel to recover all costs and,
if possible, legal fees from any parties which may include Shaw Properties, CB Commercial, International
Parking Design, and Bay Cities Paving and Grading,responsible for the damage and necessary repairs to
the Tice Creek Box Culvert, Walnut Creek area.
11. Financial Impact:
This action will have no impact on the General Fund. Flood Control Zone 3B will fund recovery of costs.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OFCOUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 21, 1' LOVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
Copy of an action taken and entered on the minutes of
VOTE OF SUPERVISORS the Board of Supervisors on the
X UNANIMOUS(ABSENT None date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:- September 21. 1299
DE.jlg PHIL BATCHELORClerk of the Board
G:\GrpData\FldCtl\Board Orders\1999 130\130 9-21 99 Tice Creck.doc ,of Supervisors and County Administrator
Orig.Div: Public Works Flood Control
Contact: D.Eckerson(313-2271)
cc: CAO
County Counsel By Deputy
Accounting
SUBJECT: AUTHORIZE the Chief Engineer to pursue legal action through County Counsel to recover all costs and,
if possible, legal fees from any parties which may include Shaw Properties, CB Commercial,
International Parking Design, and Bay Cities Paving and Grading, responsible for the damage and
necessary repairs to the Tice Creek Box Culvert, Walnut Creek area
DATE: September 21, 1999
PAGE 2
III. Reasons for Recommendations and Background:
On September 16, 1997, Bay Cities Paving and Grading saw cut through a portion of the top of the box
culvert for Tice Creek. Shaw Properties, the owners of 1500 Newell Avenue, Walnut Creek, had hired
International Parking Design (IPD) to design and construct landscaping and parking extensions at the
property. Bay Cities was hired by IPD to construct the project. The City of Walnut Creek contacted Flood
Control District staff on September 16, 1997 regarding apparent damage to our box culvert drainage facility
on the property. Upon further investigation by staff, it was determined that the contractor had cut
completely through the top slab of the box culvert, severely compromising the structural integrity to the
point of pending collapse. Flood Control immediately contacted the property owner's representative, CB
Commercial and the contractor. Staff requested they place protective barriers around the damage site and
hire a structural engineer to provide plans for repairing the damage. The owner provided adequate barriers
around the damaged section,but in doing so,blocked off some parking stalls of the adjacent property owner.
Flood Control received the first set of structural repair plans on October 15, 1997 and after review and
revisions approved the final set of plans on December 15, 1997. On December 23, 1997, CB Commercial
informed the District that the adjacent property owner would not grant the right of entry necessary to repair
the damage until a financial settlement could be reached for their lost parking stalls. Flood Control staff
gave the owner, Shaw Properties,until September 15, 1998,to start construction of the repair or the District
would perform the repairs and bill the owner for costs incurred. The District requested the owner on
numerous occasions between September 1997 and September 1998 to repair the damage in accordance with
the plans and specifications approved by the District. As of September 21, 1998, the owner had not yet
performed any repair work. Consequently, on September 22, 1998,repair of the damaged box culvert was
declared an emergency and the Chief Engineer proceeded in the most expeditious manner possible to
complete the repair. The District informed the owner they were initiating a repair with an estimated cost
of$122,250. The owner was given an extension until October 5, 1998 to start work, otherwise the District
would complete the work and bill them for the actual cost to repair the damage. The owner failed to begin
repairs by the final deadline, so the District completed the necessary repairs.
On June 23, 1999, the District billed Shaw Properties for all costs incurred in repairing the damage in the
amount of$103,863. The District received no response, so a second invoice was sent on August 5, 1999.
In response to this invoice, the owner has indicated an unwillingness to pay for the damages. As a result
of their unwillingness to pay,the District recommends promptly initiating legal action against any and all
parties responsible for the damage.
IV. Consequences of Negative Action:
Without this authorization, the Flood Control District will be unable to recover repair costs incurred for
damage to the Tice Creek Box Culvert.