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HomeMy WebLinkAboutMINUTES - 02251992 - 1.37 CLAIM /i,j 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 25, 1992 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100,000.00 Section 913 and 915.4. Please note all "warnings". CLAIMANT: GAETANO, John Louis JAN , 7 1992 ATTORNEY: Bruce J. Levitz, Esq. 131 - 26th Avenue Date received COUNTY COUNSEL ADDRESS: San Francisco, GA 94121 BY DELIVERY TO CLERK ON January 21Y,RT11992P41FR BY MAIL POSTMARKED: January 21, 1992 Certified No. P 879066 191 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p gg DATED: January 27, 1992 BtlJL DeputyLOR, Clerk (L 012 11 A" II. FROM: County Counsel TO: Clerk of the Board of Supervisors J ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2., and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 1 � C � Dated: 12� f`(4 BY: I J - Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) J ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected fn full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. c� Dated: FEB 2 5 INN PHIL BATCHELOR, Clerk, ByJ�mn I JALJQ I ° , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I .declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant asp shown above. Dated: FEB 2 5 l`99Z BY: PHIL BATCHELOR *40A 01JAiJ00a Deputy Clerk CC: County Counsel County Administrator RECEIVE® BRUCE J. LEVITZ ATTORNEY & COUNSELOR AT LAW 131-26th Avenue JAN 2 3 1992 San Francisco, CA 94121 (415) 386-6221 CLERK BOARD OF SUPER January 21 , 1992 CONTRA COSTA C VL Board of Supervisors Room 106, County Administration Bldg. 651 Pine Street Martinez, CA 94553 Re: Claim of John Louise Gaetano Dear Sir/Madam: Please find enclosed the claim of John Louise Gaetano against the County of Contra Costa. We would appreciate it if you could send us a file endorsed copy of the same to show the date of filing and return to our office in the enclosed stamped and self-address envelope. Thank you very much. Very truly yours, BRUCE J. LES. BRUCE J. LEVITZ, ESQ. Enclosures rvv�t _ JHf,f 1 1 1 ►y. L_a, MT.F N �_ � i � FH i1 R I t t7GT, .F 02 On W . :5. r�nat .2re *npnay,s o ,eounry or d�striet offfoers, serva.�lts or employees causing triedage 'or injury,. `Department for"rvtr-ansportation in thQ County OfContra Costa .~yWhat- damage- or- in,juriesw0-youuulaim r, sulted?-w(Give-full extent of injuries or dam gos. ekimed, ..1.Attach -trio csti�:a�es for auto damage. . 11 . Broken Feft arikle;Tcontu"signs and-lacer_AtionY.of- skull=, contused�Ieft--shoulder '&' elbow. Medical costs ''are estimated -at $500Q 00 ___� 4 __ w..� ..� .... .. �.�r�.��..a...._. �......_... .-__p__--- o� i-' the zr; ��at�o?.af� abo�:e °c�;*),ji.e :d 'Include the estimated amount of any e rio N.,t.. �.:' b. pr ospiective injury or damage c' Medical records are being requested. Amount of bills unknown at this time. r'e Names kiii. addresses :of -witnesses, ri:rJ(,:tor and hospitals. _John Muir Hospital & V.A. Hospital at Martinez, ;California. , G F Yt,� ,i f it yinjury;.. - -. - DATE IDI'm 8/12/91 John Muir Hospital ? 8/16/91 V.A. Hospital (Martinez) ? . sp rye se iat l 'Go- Code xec O100provides: istclaim r< t,a clair L IS \1 TD iNO 0 r, L 'LSv s �eperson on hisbehalf." Bruce J. Levitz, Esq. - �Gf 1:7 ,Tr. sigt,.a..u.e. 131 26th Avenue San Francisco, CA 94121 2028 Dublin -Drive. San Rablo; CA 94806 Telephone No. Telephwn e r,oa 510-724-2558 N 0 T 1 G E Section 7? of th Penal Cody providys:, "Every person who, with i ties', t b 4 li�fi�i 1� pnesents � i 1 t' allowance.. Or for payment 1 t0 any Kate b-oat ' or Jf l oerf OreI to My CCuntyf city or district }i'.'7ard or riff 1 c(_ authorized L�Yd Lo ,a+•J.n � pay the } .r � !0+'S;1} tv false or fraudulent .. r. v .. a <t.. .^. ,. �:` ��!1 �. :.t.. �. tj'.-. ries Cdr-;y ki . _.♦ o•laly, bilif e:.'.co ? , Voia ? t"', or writind is punishable ellher by imprisonnent in the 66untyJail foie a period of not mote ,thin orae year,, by 4 fine of Mot exceeding ::one thousand ($15000), or° by both Ach Obsorment nd fine, .or by. imprison int in the state prisbf,, by a :fine R not keedI g,ten_,t housa.nd dollars 'lOjO'00; or by __ - _. _ - f� t �� Wo CD 1� ,•qLli cn 0�3 s° G` c 0 Lu Iz lei' ir Uv tL a Nd�' O a � Qf1 d ` O r ` � N i N N W U 0 3 g 37 CLAIM nn BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C 4i'lm Against the County, or District governed by) BOARD ACTION the .Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 25, 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $831.11+ Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GIOVACCHINI, Monica and Steven RECEIVE® ATTORNEY: JAN '27 1992 Date received COUNTY COU ADDRESS: 2230 Fifth Avenue BY.DELIVERY TO CLERK ON JanuaRffiR'f�, Concord, CA 94518 BY MAIL POSTMARKED: From Risk Management I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 27, 1992 ppg�IL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors _~(,q ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I 2• L BY:) Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 2 5 ASK PHIL BATCHELOR, Clerk, 6 AIM PPJAii n° , Deputy Clerk WARNING (Gov. code section 913) .Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 2 5 155a BY: PHIL BATCHELOR byQA4,vlo�&,aJ Deputy Clerk CC: County Counsel County Administrator Maim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property.' or .growing crops and which accrue on or before December 31,. 1987, must be presented not: 'later than the 100th day.after the accrual of the cause of. .action. Claims relating to -causes of action for. death.or. for 'injury to person or to personal property or growing crops and which accrue on or after January 1, r 1988•,,must be presented not later than six months after the accrual of the cause of 'action. ` Claims''relating,to any other"cause. of action a.must'be,,presented not -.later than one year.after the accrual of,the°cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors-at its office in Room 106,1 County Administration Building, 651 Pine Street, Martinez, CA ,94553• C,: . lf"claim- is.against a:district governed by the Board of Supervisors, rather than the•County, .the,name of the District should be, filled in. D., If the claim ds against more than one public entity, separate claims must be ` filed against each public entity,- E. ntity:E. : Fraud. See..penalty for fraudulent claims, .Penal. Code Sec. 72 at the end of this ..form. y RE: Claim By ) Reserved f Cle k's fil'ng stamp ��evt C i a�o�cL�n,� ►�,i ) Against the County of Contra Costa ) JAN 2 3 1992 or District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ). The undersigned claimant hereby makes";claim against the County of Contra Costa or the above-named District in the sum of $ '6 I . i1 -t- and i .5=port of this claim•re -resents asJ6111ows: ------------ 1. When- did the damage or injury occur? (Give exact date and hour) ----- - - 2 ' =10 . CO ''--------------------------- ---- 2. Where did 1h damage .or injury occur?. (Include city and county) wA0 'ICA C611�trr.� S 3. How did the damage or injury occur? (Give full details; use extra paper if required) / n ,✓ W.A's .� f4)^ .7l lit Wa�`�`J , in,S�Govhwo � n f ------_----_--- _ _ 4. What particular act or-omission on ,the part of, county. or.district officers, servants or employees. caused the injury or damage? 1 l I o u S vQa-S '(over) 5• what are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage'or- injuries do you claim resulted? (Give full-extent of injuries or damages claimed. Attach two estimates for auto damage. Y kad t, '501 [_u.ka4-6tk WY.1-6 ' lJ d G• C.taiM W k i LA I'�t ` j T Au� ---- - - J ------------------------- 1% c�.. - �.�-How was the amount claim;; above computed? Include the estimated amount of any prospective injury or damage.) �e Cam . c-h d Lam. ------ ----_----------------------=�..�_---=-----------------� � ---------- 8.. Names and addresses of witnesses, doctors and hospitals. .� Wa-5 (n +� .e. 6 v S2 �(' _ `�, e '{i w�2 b� � X15 w S wi�'� Sow�bh-e. �� kaf hw�e fh �-fi 1►yt'o✓►tit 44i o_Y1 . 'r W QS - -------------- -----� --___-----__--- _--_N--N -_--__-- ------------_M---_ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT - Gov. Code Sec. 910:2 provides: "The claim must be signed b the claimant SEND NOTICES TO (Attorney ;zdz orb some person on-his behalf." Name and Address-bf`Attorney _ J Claimant's Signature (Address)ry Telephone No.' I Telephone -No. 0o17-5f 70 Section 72 of the Penal Code- provides: _.._...- • "Every,person who'," with intent to defraud; presents for allowance."or for`- payment to any state board or officer, or _to any .county; city or 'distr.ict board or officer, authorized to allow or pay the same_if genuine, any :fals6''or fraudulent claim; bill' account, voucher, or writing, is punishable either by. i,mprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), ,or by both such imprisonment and fine', or'by imprisonment in the state prison, ;by a4 fine of,not 'exceeding ,ten thousand.;dollars {$10,000, or by both such imprisonment and fine. , q, ; . s APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 25, 1992 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References ara to ) the Board of Supervisors (Paragraph III, below), California Goverment Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNING" below. Claimant: RICHMOND SANITARY SERVICE Attorney: Dennis J. Varni .A 1992 Chief Financial Officer JAN 'i 7 Address: 3260 B 1 ume Drive COUNTY COUNSEL Richmond, CA 94806 MARTINEZ, CALIF. Amount: $3,699.00 By delivery to Clerk on January 24, 1992 Date Received: By mail, postmarked on January 22, 1992 I. FROM: Clerk of the Board of Supervisors TO: County-Counsel Attached is a copy of the above noted Applicati to 'le L Claim. DATED: January 27, 1992 PHIL BATCHELOR, Clerk, By a Deputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 9 ). D-6 DATED: 2- VICTOR WESTMAN, County Counsel, Byl S /J Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: FEB 2 5 1992 PHIL BATCHELOR, Clerk, By ° Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so imnediatel . IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. - 0 DATED: FEB 2 5 1992 PHIL BATCHELOR, Clerk, ByD0. eputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM "4. I1 RICHMOND SANITARY SERVICE 3260 BLUME DRIVE RICHMOND, CALIFORNIA 94806 January..-21, 1992 RECEIVED Contra Costa County JAN 2 41992 651 Pine Street, Room 106 Martinez , California 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Ladies and Gentlemen: Subject: Claim for Damages Sustained 11/25/89 Wildcat/San -Pablo Creek Flood Control Project We hereby request leave to present a late claim for damages. The damages for which we seek reimbursement resulted from flooding of Wildcat/San Pablo Creek caused by an earthen bridge constructed by the project contractor, J. E. McAmis, Inc. Staff of both the Contra Costa Flood Control District and the Corps of Engineers were informed of the damage at the time the flooding occurred. Since the date of the flooding incident we have endeavored, to no avail, to obtain restitution from the contractor. Up until October 4 , 1991, we were erroneously led to believe that the loss would be covered by McAmis' liability insurance. On that date, we were advised by their insurance carrier that the requested damage compensation was less than the McAmis coverage deductible amount. McAmis has been unresponsive to our request for payment. In our good faith effort to settle this matter with the project contractor, we inadvertently failed to comply with the one-year _time limitation for stating a claim with your agencies. Inasmuch as representatives of all agencies involved were aware of the flood and the damage that resulted, there would appear to be no detriment to the County or the Flood Control and Water Conservation District occasioned by this delay. We respectfully request your indulgence in granting leave to present a late claim as permitted by Government Code Sec. 911. 6. V ry truly yours, Dennis J. V rni Chief Fin ncial Officer MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 Glair to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to. person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must .be presented, not later.than the 100th day after .the accrual of the .cause.of action. Claims relating to causes of action for death-or for injury to person or to personal property or .growing-crops and which accrae on or after January 1, 1988, must be presented not later than six months after the accrual of the 'cause of action. Claims relating to any other cause of action must be presented not later.than one..year.after the accrual -of__the cause of action. - ..(Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of-Supervisors-at_its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. . C. If claim is against a district governed by the Board of Supervisors, rather than the County, .the name .of...the..District should be:..filled.,in._ D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Richmond Sanitary Service, Inc. RECEIVED Against the County of Contra Costa ) JAN - 612 or CLERK BOARD OF SUPERYI District) CONTRA COSTA CO Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3,699.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 11/25/89 2. Where did the damage or injury occur? (Include city and county) Foot of Parr Boulevard, Contra Costa County 3. How did ;the damage or injury,occur? (Give full details; use extra paper if required) Contractor (McAmis Industries) created obstruction in San Pablo Creek causing Flood and Damage to Property. (San Pablo- Creek Flood- Control Project- Contract #DAC W95-89-C-0018 4. What particular act or omission on the part of-county or: district officers, servants or employees caused the injury or damage? Negligent Failure to monitor changing weather conditions and properly supervise work of contractor. (Over 5. wnat are the names of county or district officers, servants or employees causing• the damage or injury? Greg Connoughton : . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for 'auto'damage: : Property-Damage/Loss $2,999-:. Equipment Rental: :. 300: : $3,699 .: f'l oa n-I ITL 7. How was the amount claimed above computed? (Include the estimated amount of any = prospective injury or damage.', is s.>3�! cases Billing,;_ orms $540:00 *1-&.-HRS C_Tean,Up _-400..00 **11. " Matches 1,439:00' **17 Golf-Bags Y.:: . 1.020.00 ;(See:`A.ttached Letter Dated " 1 dRS_Eja' - $. Names and addresses of witnesses, doctors and hospitals. . Randy Thomas, Supervisor, WCCSL P. O.- Box -4070 ; Larry Burch, Dir. of Eng. , WCCSL Richmond, CA 94804 9. ' List the expenditures "you made on.aceount of this accident or injury: DATE ITEM AMOUNT — 11/25/89 U.I bs„tract o Removal 300.00 11/26/89C.lea"nup;.�. , 400.00 .. 3/29,'/90h Billing Forms 540:00 _ r Gov. Code Sec. 910:2provides: ' "° "”) ' The claim must be signed -by the claimant SEND NOTICES TO: .... ��f�+*•.�. Icy .�a h— a, •. n, —r or some non his.behalf." Name and Address of Attorney . Dennis Varni Chief Financial Officer Claimant's Signature -Richmond Sanitary Service - 3260 Blume Drive, #210 Address Richmond, CA 94806 Telephone No. Telephone No. (510) 262=1641 * * * * NOTICE Section 72 of the Penal Code provides: - - - - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher; br.writing; is"punishable either by imprisonment in the county jail for a period of not more than -one. by a hne of not-exceeding one thousand ($1,000), or by both such imprisonment and fine, •or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 01-0 1103Q 0 71 •' (n .�.' fit, ` r z r".`' �> "G-i V � i� vI ,o ' 10 zw �'�'����� '�.��. ' 'rte'. •'"-s .� �f— ,rte•� F! JZ lu- x n Y'' 4: >r a n � � ��: Cd •-+ N a 02585 1 i RICHMOND SANITAaY SERVICEI ry/�?7qs� VANIER—GRAPHICS 00-36371 2585 ;AT. INV010EC; GROSS D,ISC0U.NT 'i_T 3/2q/90; 201063-01. 8164.•15 . 51h4. 15 4/17/90 203053-01 656.37 656.37 5/07/90 37863-11 1254.67_ 1254.o7 TOTAL 101075. 19 PLEASE DETACH 3EFORE.DEPGSCfiNG;'. WHEN DE'Rk D ANL PA D Trim SELCJIN CHECK BEM.?ES A NO OTHER RECEIPT NECESSARY RECEIPT,9+!FULL VA`YMEW OF T}�_AK ACCOUNT.. 425$5,HM IINCl�F A �R $a=RYIC Tey 4 t ► sosait-ao a# Y Y`4 f.~Siiil 2y �5T� STEZE� 3` 1 , t,. sanFrs�sco CAs4ltir cfr�C7CN0 ;9 805 L VOIDAElER80DAtt5 , iC:f �4�3l�2� ,k 4 _ Kl rL tT7'j`1 � "�;" '�rMI©,fl7 OJLLARSA1� 19MC �tTS r �` v10,475.1.9 ra �. YTO TtfE ORAE/R lllf�ESf GENEPAL ACCQUNT .- y. f *I ER- GRa,SIC S F �� 80)(Z-_9008Pr {F :� v t s�n�rE�� cy� g 372 NOTA NEGOTIABLE rye J > xms�nm�s �ova ss000ao '� RICHMOND SANITARY SERVICE L- 3260 GLUME DRIVE RICHMOND, CALIFO.�NIA 94806 t October 4 , 1991 J. E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 .Gentlemen: Re: FLOOD DAMAGE, NOVEMBER 25, 1989 CONTRACT NO. DACW95-89-C-0018 Today, we were advised by your insurance representative (Margaret at Rollins, Burdick & Hunter) that owing to a $5, 000 deductible on your policy they will take no action on our claim for damages caused by actions of your company which resulted in flooding of our corporation yard property. We were also advised that your company was informed of this limitation in coverage more than a year ago. Nevertheless, when I talked with your Contract Administrator, Patty Gillett, about this matter on August 9, 1991, she gave no indication that your insurance carrier would not be intervening and cheerfully provided me with a new address and contact person for Rollins, Burdick & Hunter. To say the very least, this appears to represent a decided lack of good faith and fair dealing. Once again, we are requesting reimbursement for the losses incurred as a result of McAmis' actions. These losses were specifically identified in our January 19, 1990, letter to Ralph Cameron of the U. S. Army Corps of Engineers, a copy of which is attached. If payment is not received by October 11, 19911 we will have to assume that you do not intend to cooperate and will proceed with legal action against you and the other parties to your contract. MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 J. E. McAmis, Inc. Page 2 October 4 , 1991 This matter is now nearly two years old. Settlement is long overdue and clearly would be to our mutual advantage. Further stonewalling, quite simply, is unacceptable. If you have any questions, or wish to discuss the matter, please call me at 262-1644. Very truly yours, Janna M. Coverston Special Projects Manager cc: U. S. Army Corps of Engineers Contra Costa County Flood Control District M. Aquilino D. Varni :1 RICHMOND SANITARY SERVICE tJ ® 3260 BLUME DRIVE RICHMOND, CALIFORNIA 94806 August 9, 1991 Rollins, Burdick & Hunter, Inc. .610 W. Hubbard Avenue, Suite 207 Coeur d'Alene, Idaho 83814 Att: Margaret Subject: CONTRACT NO. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contrac't II December 1, 1989 - Claim A review of our records indicates that the above claim is still outstanding. We are enclosing for your information a statement of damages in the amount of $3,699.00 submitted on January 19, 1990. Please arrange for reimbursement of this loss. If you have any questions, or need additional information, please let me know. I can be reached at (415) 262-1644. Very truly yours, canna M. Coverston Special Projects Manager Enclosure cc: McAmis Industries U. S. Army Corps of Engineers Contra Costa County Flood Control District MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX.223-1591 RICHMOND SANITARY SERVICE t 3260 BLUME DRIVE RICHMOND, CALIFORNIA 94806 -lf(1., i9A 1991 I July 9, rill rt . Ms. Betty Denison �J Rollins, Burdick & Hunter, Inc. 1211 S.W. 5th Avenue Portland, OR 97204 * Dear Ms. Denison: Subject: CONTRACT NO. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II December 1, 1989 - Claim A review of our records indicates that the above claim is still outstanding. We are enclosing for your information a statement of damages in the amount of $3, 699.00 submitted on January 19, 1990. Please arrange for reimbursement of this loss. If you have any questions, or need additional information, please let me know. I can be reached at (415) 262-1644. Very truly yours, �ff U_ C�07LGh�2��C/ JPnna M. Coverston . Special .Projects Manager Enclosure cc: McAmis Industries U. S. Army Corps of Engineers Contra Costa County Flood Control District MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (/-15) I ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 r ' J.E. MCAMIS J.E. MCAMIS;INC. Heavy Construction & Marine Contractors ;? _South Gaie Lon-•Chico. C4 959-` 891-5061 No. (916; ;ai.C'c;_; May 18, 1990 Dennis J. Varni , Chief Firia..cial Officer Richmiond Sanitary Service 205 41st Street Richmond, CA 94805 Attention: Cheryl Graa ise1.1a RE: Contract No. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II December 1 , 1989 - Claim Dear Ms. Granse1la: Reference is made to our telephone conversations of 5/11;90 and 5/14/90 . The information has been forwarded to our insurance agent for processing. As you indicated on the phone the photographs that were taken are polaroid pictures and you do not have negatives. I Iiave been informed that before any claim is processed they will have to have proof of damages. Please forward your pictuxes to our agent, Betty Denison of Rollins, Burdick & Hunter, Inc . 1211 S . W. 5th Avenue, Portland, OR 97204. Very truly yours, J.E. MCAMIS, INC . Pat illett Contract Administrator pkg cc : Betty Denison, RBH RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 • 236-8000 \g May 17, 1990 \� Ms. Patty Gillette, Contract Administrator J.E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Re: Contract No. DACW95-89-C-0018 Wildcat and San Pablo Creekd - Contract II Dear Ms. Gillette: Enclosed are copies of the photos depicting the damages we suffered as a result of the flooding of our corporation yard. We will be happy to have the insurance company come to our office to see the original photos but because they are Polaroids, and we' have no negatives, we cannot submit them. Your earliest attention to this matter- will be greatly appreciated. Sirely, 7 Sheryl ranzella RICHM SANITARY SERVICE �.... t ..r ... �i J"lt ,"E fit { 1, . .. k 1�. ��■ � rs 1 1 .,,� �� Dov �r�,.;�3 ,.,, �� � .,;�. �,� x' ,,'.�- 'yY .,or '! y.LY.�-.+i,- - '-r� r .� .�~ � + :1�.� 1 "�,,,�.. .h .�% ��.�♦ it~��-�-_ _ � _ - , -- �� %�ae.,�'�^.-h'.'✓��.r_.,. yam" ..:r:�+.' . _•l :.. C+7' jam,` .:�-',,,�' �``�. .Y .++� •'. "_-+.ri' �� � 71w,�a- Cyt+ .. � . ' .� _ �'.►� .,._- - ` ' �xc .'.Vis.w�.d..,.t��-/- c _ Or —2--.-V �j1 i,iK• �'�'-�fj Al�j�i�I if`"h..�'9•�st{ t"��c''•N �� �o'' r f r,J ♦ Ils 1K.!'a• �ri�rL.i,� 1 4} T l"Lt : ''r y"'•;!.;,•. .~ i^M1 r��..• .+* - s• + � R.� � ~F 3 w79�Nd�•`"l'ff c�.":4`� . tANW - r� ��.� i. •i, .-.r'Xi i!rL,�£� i �'"r�f�'.�A".`.:., " "s "s " 2�{,w•J i;i��-!���c���.kn��fi:Y �����t s r}c'". en .� 'dac '�0�;,4 i +{ : F a t>#a,�u M� ���Y���r'"�'�•<#`�f'i�t'r�=' cam..''+i•�'+�{yrt-'�j �i.+�►�,��' i ry' ri''�� 4'.yJ.A `.^':t�,��"C�,x i \'+�i4�t*�a�v �+�Y ��'��' rt'�'t� �'7st••• r`i i��t` .�•"!,`--�r'"t`::;s�'i�r,t_�} 1 �f.,d!= ;,r,��=.::.�inw'd4��- 't•4►a,.s e.�' ,.K`' ;y i.. :J RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 236-8000 January 19, 1990 Mr. Ralph Cameron, Resident Engineer U. S. .Army Corps of Engineers 2021 Jefferson Boulevard, P. O. Box 935 West Sacramento, CA 95691-0935 Dear Mr. Cameron: Subject: CLAIM FOR DAMAGES - CONTRACT NO. DAC95-89-C-0018 WILDCAT & SAN PABLO CREEKS - CONTRACT II On December 1, 1989, we informed you that we had suffered damages and property loss as a result of flooding of our corporation yard caused actions of your contractor on the subject project. These losses include: 6 cases Billing forms @ $90/case $ 540. 00 11 cases Matches @ $139/case 1, 439 . 00 17 Golf bags @ $60/each 1,020. 00 3 hours Backhoe rental to remove creek obstruction @ $100 300. 00 16 hours Clean-up @ $25/hour (2 men x 8 hrs. = 16) 400. 00 TOTAL DUE $3 , 699. 00 Please arrange for payment of 'restitution in the amount of $3 , 699 .00. If you have any questions or need additional information, please call me or my assistant, Janna Coverston, at 236-8000. V ry truly yo s, Dennis J. a ni Chief Finan ial Officer cc: George Perry Jake Tapia Larry Burch Patty Gillett r RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 236-8000 January 12, 1990 Ms. Patty Gillett, Contract Administrator J. E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Dear Ms. Gillett: Re: Contract No. DACW95-89-C-0018 Wildcat & San- Pablo Creeks - Contract II We have received your letter of December 20, 1989 and find it to be misleading. As a point of information, it should first be noted that widening of the creek channel under the above named contract required removal of the only access bridge between our landfill and corporation yard. By the terms of agreements reached with representatives of the CCC Flood Control. Agency and your firm regarding operating problems caused by your construction, direct alternate access between these facilities was to: be provided. There was, however, no agreement to place RSS at risk for property loss or the burden of additional operational costs as a result of any activity related to that flood control project. . Secondly, the earthen creek crossing was, up to the point of its elimination, used by your construction personnel and earth moving equipment a factor of 4 to 8 times as much as our equipment. Your equipment would not have had access to our landfill without the crossing.. As indicated in our letter of December 1, 1989, as soon as all the damages caused by flooding that occurred on November 25, 1989, due to channel obstruction are known, we will be submitting a claim for restitution. Very truly yours, Dennis J. Ji Chief Financial Officer cc: Ralph Cameron George Perry Jake Tapia Larry Burch RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 • 236.8000 December 1, 1989 Mr. Ralph Cameron, Resident Engineer F ILE - U. S. Army Corps of Engineers 2021 Jefferson Boulevard, P. O. Box 935 West Sacramento, CA 95691-0935 Dear Mr. Cameron: Subject: PRELIMINARY NOTICE OF CLAIM FOR DAMAGES On Saturday, November 25, 1989, our equipment maintenance center located at the foot of Parr Boulevard, Richmond, California, was flooded as a result of actions by McAmis Industries related to the San Pablo/Wildcat Creek Flood Control Project. Some personal property was destroyed and considerable. expense incurred for corrective, clean-up and rehabilitation work necessary to drain our property and prevent further destruction. You are hereby informed that a claim for restitution will be submitted as soon as the extent of damages has been ascertained. Ver trZr'n urs, , m Dennisi ChiefFinancial Officer cc: George Perry Jake Tapia Larry Burch i i 0 i am o ct N go Ul, Ln ' O r, o- • ' moo o �� ofCP M of o 4` 'o o 4"A r„ O?/t M III i37 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA AND AS THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 25, 1992 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Sect;on References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNING" below. Claimant: RICHMOND SANITARY SERVICES RECEIVED Attorney: Dennis J. Varni Chief Financial Officer JAN 27 1992 Address: 3260 Blume Drive COUNTY COuN$a Richmond, CA 94806 Amount: $3,699.00 By delivery to Clerk on Janua"TW; "W2 Date Received: By mail, postmarked on January 22, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicatlon t Filea e Claim. DATED: January 27, 1992 PHIL BATCHELOR, Clerk, By v Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Cjlaaim Sectio 911. ). DATED: 112` 9Z VICTOR WESTMAN, County Counsel, By I''L Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( V1' This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: FEB 2 5 1992 PHIL BATCHELOR, Clerk, By ° Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the f appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such I petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator i Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: FEB 2 5 1992 PHIL BATCHELOR, Clerk, By Deputy V. FROM: (15 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM i. RICHMOND SANITARY SERVICE 3260 BLUME DRIVE RICHMOND, CALIFORNIA 94806 January 21, 1992 RECEIVE® Contra Costa County JAN 2 41992 Flood Control & Water Conservation District 651 Pine Street, Room 106 CLERK BOARD OF SUPERVISORS Martinez, California 94553 CONTRA COSTA CO. Ladies and Gentlemen: Subject: Claim for Damages Sustained 11/•25/89 Wildcat/San Pablo Creek Flood Control Project We hereby request leave to present a late claim for damages. The damages for which we seek reimbursement resulted from flooding of Wildcat/San Pablo Creek caused by an earthen bridge constructed by the project contractor, J. E. McAmis, Inc. Staff of both the Contra Costa Flood Control District and the Corps of Engineers were informed of the damage at the time the flooding occurred. Since the date of the flooding incident we have endeavored, to no avail, to obtain restitution from the contractor. Up until October 4 , 1991, we were erroneously led to believe that the loss would be covered by McAmis' liability insurance. On that date, we were advised by their insurance carrier that the requested damage compensation was less than the McAmis coverage deductible amount. McAmis has been unresponsive to our request for payment. In our good faith effort to settle this matter with the project contractor, we inadvertently failed to comply with the one-year time limitation for stating a claim with your agencies. Inasmuch as representatives of all agencies involved were aware of the flood and the damage that resulted, there would appear to be no detriment to the County or the Flood Control and Water Conservation District occasioned by this delay. We respectfully request your indulgence in granting leave to present a late claim as permitted by Government Code Sec. 911. 6. V ry truly yours, Dennis J V rni Chief F 'na cial Officer MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 ' DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 Clair to: BOARD OF SUPERVISORS OF CONTRA COSTA COMM INSTRUCTIONS TO C•i.AIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later -than the 100th day after the accrual of the cause of_ action. Claims relating to causes of action for death-or for injury to person or to personal property or -growing _crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later.than one__year.after the accrual -of.-the cause of action. - (Govt.. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of-Supervisors-at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. - C. If claim is against a district governed by the Board of Supervisors, rather than _the County, .the name .of. the.-District should be:__ Med..in.- _. D. If.the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal- Code Sec. 72 at the end of this j( form. Y RE: Claim By ) Reserved for Clerk's filing stamp } Richmond Sanitary Service, Inc. ) RECEIVED Against the County of Contra Costa } JAN 1 41992 or ) , District) CLERK BOARD OF SUPERVISORS Fill in name } CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3,699.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 11/25/89 2. Where did the damage or injury occur? (Include city and county) Foot of Parr Boulevard, Contra Costa County 3. How did the damage or injury,occur? (Give full details; use extra paper if raquired) Contractor (McAmis Industries) created obstruction in San Pablo Creek causing Flood and Damage to. Property. (San Pablo Creek Flood-•-Control Project- Contract #DAC W95-89-C-0018 4. What particular act or omission on the part of county or* district officers, servants or employees caused the injury or damage? Negligent Failure to monitor changing weather conditions and properly supervise work of contractor. (over) 5. wnat are the na.)es of county or district .officers, servants or eZ?loyees causing the damage or injury? Greg Connoughton 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Property Damage/Loss i $2,999. Equipment Rental; : 300:`: 53.,699 _ - 7. How was the amount claimed above computed? (Include the estimated amount of any 3 . - prospectiveinjury or damage. cases Billing- orms $540x00 . _.. *}fi=#RS C1e3n-Up 400..00 **11. " Matches 1,439.00 - .- **17 Golf. Bags 1.020.00- - '(See.�Attached: LettEr Dated I HPS - - - 8. Names and addresses of witnesses, doctors and hospitals. - Randy Thomas, Supervisor, WCCSL P. O.--Box-4070 . - _ Larry Burch, Dir. of Eng. , WCCSL Richmond, CA 94804 9. List the expenditures 'you made on account of this accident or injury: DATE ITEM AMOUNT — 11/25/89 Obs-tructi,on­1 Removal . 300.00 11/26/89 % _ - .- -- - -- 400.00 TBi11inorms ©03/29/90 Gov. Code Sec. 910:2 provides: "The claim must be signed -by the claimant SEND NOTICES TO '(Attorrie ) or by someperson his-behalf." Name and Address`6f`Attorney- ­ Dennis Varni Claimant's Signature Chief Financial Officer -Ri-chmond Sanitary Service 3260 Blume Drive, #210 - Address Richmond, -CA 94806 Telephone No. Telephone No. (510) 262-1641 * * * * I I I I I T-T NOTICE Section 72 of the Penal Code provides: - --- - "Every person who, with intent to defraud, presents for allowance or fore payment to any state board or officer, or to. any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent - claim, bill, account, voucher; or_writing, is"punishable either by imprisonment in the county jail for a period of not more than -one-year, by a fine of not-exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND. CALIFORNIA 94805 236-8000 December 1, 1989 FILE COPY Mr. Ralph Cameron, Resident Engineer U. S. Army Corps of Engineers 2021 Jefferson Boulevard, P. O. Box 935 West Sacramento, CA 95691-0935 Dear Mr. Cameron: Subject: PRELIMINARY NOTICE OF CLAIM FOR DAMAGES On Saturday, November 25, 1989, our equipment maintenance center located at the foot of Parr Boulevard, Richmond, California, was flooded as a result of actions by McAmis Industries related to the San Pablo/Wildcat Creek - Flood Control Project. Some personal property was destroyed and considerable expense incurred for corrective, clean-up and rehabilitation work necessary to drain our property and prevent further destruction. You are hereby informed that a claim for restitution will be submitted as soon as the extent of damages has been ascertained. Ver truly y'truly Dennis arni Chief Financial Officer cc: . George Perry Jake Tapia Larry Burch 1 < SHIP TO ; `f C) U( -i C) AJ •�. � .� a .r: �1- _ Z 1 (11.`­. K, 4s s 1,-3 -1 D Cl ;r T } U3 Z 11? t0 `• i f; u -A i rr ..T Y Solo 70 - L i �'ti F i.�- �r K 4- L�i'Cr ; r j qq vy Z -� m ci s - _-- m mea a m Z-00 0 ,- _ _ - _ a. - p < �oZm -_. m 4. n$ cit m O No �7 Nima m 12 Z 7 o coo � a Z o Zm FOR YOUR ORDER o noc C/) mm::) 11 RICHMOND SANITARY SER`1ICEt )/07 02585 VAM ER—GRAPHICS 00-36371 2585 INVOICE:.` GROSS DISCO:;"iT. C•1:_T '31Z9/90, 201063-01 8164.15 8164.15 4/17/90 203053-01 656.37 656.37 5/07/90 .37863-11 1254+67 1254.o7 :TOTAL 10.075.19 PL.FASE DETACH BEFORE DEPC)SfTING WHEN DETACC ED AND PAM rriE sackv CHECK BECOMES A NO OTHFJ3.RECEIPT NECESSARY REC�Jr'T IN FULL PAWSW!T OF.THE ABOVE ACCOUNT. ' t�L V. '��. ,� �-W.1 4y>~ fy ar av-Ci •. �-J .�,..V ' •+�.'O���VV �CHMOi�ii1'-� •A ,�.�r �$tRVICEr �. - - ,-.�44�taarldetstroet �' � Sante CA 941 t1 .` CHECKNO' VOlD AFTER' WS y trr``FIjOf ` � f ''94805 7-7v-,;7w,; .+ { Of 'f,' ^ � `S f -�? ` ,�i r s y�,} 4&c• -'J, Y /OZ/9F3 + ` 'r I(J;075*00LLAR57`A-Ntt3�L9MCE�iTS 10;475.14 p PAYTTO THE �0 tAQPREST QEHEM ACMUN t t, aV AA t'EIR GA C S x t re �Oe� Ba) 1�'00:8 4 is ri~`&, w � 9��7z NOT NEGOTIABLE ` RICHMOND SANITARY SERVICE 3260 GLUME DRIVE RICHMOND, CALIFQ�NIA 94806 October 4 , 1991 J. E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Gentlemen: Re: FLOOD DAMAGE, NOVEMBER 25, 1989 CONTRACT NO. DACW95-89-C-0018 Today, we were advised by your insurance representative (Margaret at Rollins, Burdick & Hunter) that owing to a $5, 000 deductible on your policy they will take no action on our claim for damages caused by actions of your company which resulted in flooding of our corporation yard property. We were also advised that your company was informed of this limitation in coverage more than a year ago. Nevertheless, when I talked with your Contract Administrator, Patty .Gillett, about this matter on August 9, 1991, she gave no indication that your insurance carrier would not be intervening and cheerfully provided me with a new address and contact person for Rollins, Burdick & Hunter. To say the very least, this appears to represent a decided lack of good faith and fair dealing. Once again, we are requesting reimbursement for the losses incurred as a result of McAmis' actions. These losses were specifically identified in our January 19, 1990, letter to Ralph Cameron of the U. S. Army Corps of Engineers, a copy of which is attached. If payment is not received by October 11, 1991, we will have to assume that you do not intend to cooperate and will proceed with legal action against you and the other parties to your contract. m• MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 J. E. McAmis, Inc. Page 2 October 4, 1991 This matter is now nearly two years old. Settlement is long overdue and clearly would be to our mutual advantage. Further stonewalling, quite simply, is unacceptable. If you have any questions, or wish to discuss the matter, please call me at 262-1644. Very truly yours, Janna M. Coverston Special Projects Manager cc: U. S. Army Corps of Engineers Contra Costa County Flood Control District M. Aquilino D. Varni vt: RICHMOND SANITARY SERVICE O 3260 BLUME DRIVE. • RICHMOND, CALIFORNIA 94806 R l August 9, 1991 Rollins, Burdick & Hunter, Inc. 610 W. Hubbard Avenue, Suite 207 Coeur d'Alene, Idaho 83814 Att: Margaret Subject: CONTRACT NO. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II December 1, 1989 - Claim A review of our records indicates that the above claim is still outstanding. We are enclosing for your information a statement of damages in the amount of $3,699.00 submitted on January 19, 1990. Please arrange for reimbursement of this loss. If you have any questions, or need additional information, please let me know. I can be reached at (415) 262-1644. Very truly yours, �nnf Coverston Special Projects Manager Enclosure cc: McAmis Industries U. S. Army Corps of Engineers Contra Costa County Flood Control District MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (415) ADMINISTRATION 262-1640 • ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 RICHMOND SANITARY SERVICE t? 3260 BLUME DRIVE RICHMOND, CALIFORNIA 94806 i July 9, 1991 Ms. Betty Denison Rollins, Burdick & Hunter, Inc. 1211 S.W. 5th Avenue Portland, OR 97204 Dear Ms. Denison: Subject: CONTRACT NO. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II - December 1, 1989 - Claim A review of our records indicates that the above claim is still outstanding. We are enclosing for your information a statement of damages in the amount of $3, 699.00 submitted on January 19, 1990. Please arrange for reimbursement of this loss. If you have any questions, or need additional information, please let me know. I can be reached at (415) 262-1644. Very truly yours, Jnna M. Coverston Special Projects Manager Enclosure cc: McAmis Industries U. S. Army Corps of Engineers Contra Costa County Flood Control District MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (/-15) I ADMINISTRATION 262-1640 • ENGINEER;NG 262-1660 . ACCOUNTING 262-1680 j� FAX 223-1591 1 J.E.McAMiS �f na J.E. Mc &'C. Heavy Construction & Marine Contractors 3Q97 South 7�_-"te _cne•Chico. C.A. -`-2= i',X i o (91'- 89',0904 May 18 , 1990 Dennis J. Varnl , Chief Financia.' Of f icier rRiciimand S-n tory Service 205 41st Street Richmond, CA 94805 Attention: Cheryl Gransella RE: Contract No. DACW95-89-C-0018 Wildcat San Pablo Creeks - Contract II December 1 , 1989 - Claim Dear Ms. Gransella: Reference is made to our telephone conversations of 5/11,190 and 5/14/90. The information has been forwarded to our insurance agent . for processing. As you indicated on the phone the photographs that were taken are polaroid pictures and you do riot have negatives. I have been informed that before any claim is processed they will have to have proof of damages. Please forward your pictures to our agent, Betty Denison of Rollins, Burdick Hunter, Inc . 1211 S . W. 5th Avenue, Portlan.'., 0R 97204 . Very truly yours, J.E. McAMIS, I::C . Pat illett Contract Administrator pkg CC: Betty Denison, RBH tiy RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 236 8000 �gl) May 17, 1990 \� Ms. Patty Gillette, Contract Administrator J.E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Re:. Contract No. DACW95-89-C-0018 Wildcat and San Pablo Creekd - Contract II Dear Ms. Gillette: Enclosed are copies of the photos depicting the damages we suffered as a result of the flooding of our corporation yard. We will be happy to have the insurance company come to our office to see the original photos but because they are Polaroids, and we have no negatives, we cannot submit them. Your earliest attention to this matter will be greatly appreciated. i rely, l ranzella SANITARY SERVICE ' Ilk, =w .tel -�+:'LSX f�2 t. �'�+•(pYf �l• . `•y�5'Ywn`S'-'••.!' `tt;�:t<•••y.-'.: � t"_ i yi.l``•., i'�-t-� i •. _. :i �'�� � •�,.ice'+ ^��..�,��^..,,, _ _,;yam' ��..-h�•;,,,�- _ ... •`i..h~may •{•�'-_�Y~."fes!'" i `���� ., � .-� A ft-z �:i -'�'ht•1w,+a.,r•��: -;-.-.'L:..yrt'yr;*w qc'�a� -Z"-♦"'V�w��i r M-v�A'C��!'P!•.. �+yy,e` '� -t•- _t�Ir_,.4�.'��iw. �3'+�!`.r.�'r� V"a,,^{',�'.�5�:!.-i�w.,. ' ). � � r •.w��r M?�,j f.i•S^:I'�`?�.'�,q'{{-..vl -.- a -1��,•-*y..�t�.•:y:.••:t �° Z - •].:i. } '�.h,A.:."ti f:t<�is,}y.t+�{f`'V}44,y}�'� �RC2 1 -1:�: �•.'?+ :~ :r«� '�-i%�'`.'--"�'�s iu'v x.+..ti.•'��t: .N�iLi ,�,,�•'F�r E��jt"3•..j'dq�^.`�i•.1�^. �i- ..rA,r rsf:.`: .. "c lf�{.�t..�.� :^•Sr-•r';i:7I v .'r•=�'�: r.. t-. s r A' j =" ••w i':? ^.ill ;"'liF - .4ty -fir �•Y- l .{-,.�:-..�1.`+tom �'f TSR ��l! �• + RICHMOND SANITARY SERVICE 205 41ST STREET RICHMOND, CALIFORNIA 94805 • 236-8000 January 19, 1990 Mr. Ralph Cameron, Resident Engineer U. S. Army Corps of Engineers 2021 Jefferson Boulevard, P. O. Box 935 West Sacramento, CA 95691-0935 Dear Mr. Cameron: Subject: CLAIM FOR DAMAGES - CONTRACT NO. DAC95-89-C-0018 WILDCAT & SAN PABLO CREEKS - CONTRACT II On December 1, 1989 , we informed you that we had suffered damages and property loss as a result of flooding of our corporation yard caused actions of your contractor on the subject project. These losses include: 6 cases_ Billing forms @ $90/case $ 540. 00 11 cases Matches @ $139/case 1,439 . 00 17 Golf bags @ $60/each 1, 020. 00 3 hours Backhoe rental to remove creek obstruction @ $100 300. 00 16 hours. Clean-up @ $25/hour (2 men x 8 hrs. = 16) 400. 00 TOTAL DUE $3 , 699 . 00 Please arrange for payment of restitution in the amount of $3, 699. 00. If you have any questions or need additional information, please call me or my assistant, Janna Coverston, at 236-8000. V ry truly yo s, Dennis J. a ni Chief Finan ial Officer cc: George Perry Jake Tapia Larry Burch Patty Gillett . RICHMOND SANITARY SERVICE 205 41ST STREET • RICHMOND, CALIFORNIA 94805 236-8000 January 12, 1990. Ms. Patty Gillett, Contract Administrator J. E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Dear Ms. Gillett: Re: Contract No. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II We have received your letter of December 20, 1989 and find it to be misleading. As a point of information, it should first be noted that widening of the creek channel under the above named contract required removal of the only access bridge between our landfill and corporation yard. By the terms of agreements reached with representatives of the CCC Flood Control Agency and your firm regarding operating problems caused by your construction, direct alternate access between these facilities was to. be provided. There was, however, no agreement to place RSS at risk for property loss or the burden of additional operational costs as a result of any activity related to that flood control project. Secondly, the earthen creek crossing was, up to the point of its elimination, used by your construction personnel and earth moving equipment a factor of 4 to 8 -times as much as our equipment. Your equipment would not have had access to our landfill without the crossing. As indicated in our letter of December 1, 1989, as soon as all the damages caused by flooding that occurred on November 25, 1989, due to channel obstruction are known, we will be submitting a claim for. restitution. Very truly yours, Dennis J. i Chief Financial Officer cc: Ralph Cameron George Perry Jake Tapia Larry Burch = Y r Y January 2, 1990 Ms. Patty Gillett, Contract Administrator J. E. McAmis, Inc. 3097 South Gate Lane Chico, CA 95928 Dear Ms. Gillett: Re: Contract No. DACW95-89-C-0018 Wildcat & San Pablo Creeks - Contract II We have received your letter of December 20, 1989. As a point of information, it should be noted that widening of the creek channel under the above named contract required removal of the only access bridge between our landfill and corporation yard. By the terms of the contract between RSS and alternate access between these facilities was to be provided. There was, however, no agreement to place RSS at risk for property loss or the burden of additional operational costs as a result of any activity related to that flood control project. As indicated in our letter of December 1, 1989, as soon as all the damages .caused by flooding that occurred on November 25, 1989, due to channel obstruction are known, we will be submitting a claim for restitution. Very truly yours, Dennis J. Varni Chief Financial Officer cc: Ralph Cameron George Perry Jake Tapia Larry Burch �qq'tl V O 5. - CD (ID l J0 h L n ol O off:. t1� � O N l ;F,7 `1 �r C-t f, , �053 co 6 a; a1J '