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Home My WebLink AboutMINUTES - 02021999 - C16 601 CLAIN4 BOARS Q SLTPFIt`nS+ORS Oh fS'I'A C;IIITNTV_ C;AI TF RCI, BfIaRD AC Old February 2, 1999 Maim Against the County, or district Governed by the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Burd Action. All Section references are to The copy of this document mailed to you is your California Government Cedes. } notice of the action 'taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT _Ln Excess of $10,000-00 CLAIMANT: Thomas William Hampson ATTORNEY: Alan i. Wilheliny, Esq. DATE RECEIVED: January 6, 1999 Field, Richardson & Wilhelmy January 6, 1999 ADDRESS: 2033 North :fain St. , Ste. 900 BY DELIVERY TO CLERK ON: walnut Creek, CA 94596 Hand-delivered BY MAIL POSTMARKED: I, FR.ONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. :� 1999 PHIL BATC OR, Clerk Dated: January , By: Deputy H. FRONI: County Counsel TO: Clerk of the Board of Supervisors ( ,; ' This claim complies substantially with Sections 910 and 910.2. } This claire 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). ( Claire 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: P4 Bated: r By: ox County Counsel IIIc FRONT-1 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: (,,d 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: Z PHIL BATCHELOR, Clerk, B ; 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 trail 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. ' For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NL41LJNG 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: � , By: PHIL BATCHELOR By � � � `,'�,� Deputy Clerk CC: County Counsel County Administrator e Ems! } o O 00 } 00 r Ott CA CAcc d CA 0 > 0 h �-3 o > � is C9 CA p } t� 4w . .A N X X _ XX.�4 lz 1 Lion }� Y on Y� d cl �tN tyt CA {� 14 *t X 1 �nx > O ` Q 0 CA ZO d Z � � �• Com`) � � �} i d Z Li0 CA twA c b4 n t4 o IT1 ;Zi �• fes..... `�`' �o �. � � 0 Z � � P CA k4 LA ot : � rhe 4 rd rd ni tA tg - tp Y tp ND i 0910 n ca CA ' ria ZO Li 4 020, ' } 0r 7 MAI � Q , r C3 a a G LA (� Li Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fax: 646-1078 Date•: January 6, 19992 fi max. To: Anne Cervelli, Clerk of the Board of Supervisors �a From: Victor J. Westman, County Counsel J. b by: Gregory C. Harvey, Assistant County Counsel ,Subj: Claim of Thomas William Hampson Attached for handling in the normal manner is a claim submitted to Mr, Batchelor. Thanks for the assistance. H:lGROLIPSITORT\OASESIFORMS\MEMOW.EM-STNI).WPD FIELD, RICHARDSON & WILHELMY ATTORNEYS AT LAW ROBERT C. FIELD PER; EXECUTIVE CENTRE ROBERT W. RICHARDSON 2033 NOIRTH MAIN ST REET, SUIT E 900 DONALD L.EDGAR ALAN J.WILHELMY OF COUNSEL EMELYN JEWETT CAROTHERS WALNUT CREEK, CALIFORNIA 94596-3729 TELIECOPiER t925) 934-C-090 TELEPHONE (925) 934-7700 December 30, 1998 7Z CLAIM TO THE COUNTY OF CONTRA COSTA GOVERNMENT CODE SEC. 900, et seq. TO: Phil Batchelor Contra Costa County Administrator -j 651 Pine Street CD tF Martinez, CA 94553 Warren E. Rupf, Sheriff Contra Costa County Sheriff's Department P.O. Box 391 Martinez, CA 94553 The name and address of the claimant are: Thomas William Hampson 2011 Willow Pass Road Bay Point, CA 94565 All notices regarding this claim should be sent to: Alan J. Wilhelmy, Esq. Field, Richardson & Wilhelmy 2033 North Main Street, Suite goo Walnut Creek, CA 94596 (925) 934-7700 Claims asserted by claimant: Unlawful and excessive use of force and false arrest. The date, place and circumstances of the occurrence which give rise to this claim are as follows: On October 16, 1998, claimant, residing at 2011 Willow Pass Road, Bay Point, California, was nearly struck by a passenger vehicle traveling on the shoulder of the road, in violation of the California Vehicle Code, and onto claimant's property. Claimant is the owner of the property at 2011 Willow Pass Road, and has had continuing problems with vehicles driving upon his property to circumvent traffic at the intersection of Willow Pass Road and Loftus Avenue. Phil Batchelor Warren E. Rupf December 30, 1998 Page Two Claimant struck the side of the vehicle with his foot to get the driver's attention in order to advise the driver not to drive upon claimant's property. The vehicle drove away and returned later with Deputy Villalobos of the Contra Costa Sheriff's Department. The driver apparently complained to Deputy Villalobos that claimant had damaged his vehicle. Deputy Villalobos and the driver of the vehicle encountered claimant on claimant's property. Claimant retreated further onto his property and was in the process of closing his driveway gate when he was unlawfully, and without warning or provocation, struck on the head by Deputy Villalobos, using his baton. Claimant was then arrested by Deputy Villalobos and other deputies for alleged resisting arrest. Refer to Report number 98-63678. Claimant was injured as a result of the acts and omissions of the Contra Costa County Sheriff's Department, through its agents and employees. Claimant suffered personal injuries, including, without limitation, head injuries from Deputy Villalobos's baton and the reinjury to claimant's back. Claimant had undergone a laminectomy at L-4/5 approximately two and a half months earlier on July 31, 1998. The full extent of the injury, damage and/or loss incurred by claimant is not yet known and cannot yet be determined, but will include personal injury, medical fees and costs, loss of work and income, claimant's attorney's fees and costs, and emotional distress damages. Claimant's injuries and damages are the result of the unlawful and improper use of force by Deputy Villalobos, and as a result of inadequate training and supervision of Deputy Villalobos. Claimant's damages exceed $10,000. The specific names of the public employees who caused claimant's damages are as follows: Deputy Villalobos. I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct and that this declaration was executed on December 1998, at California. omas William Ram son �BQAIM �y�s �7�y �y [t QRS �"y CLAM ARD February i, 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to Tlx: copy of this document mailed to you is your California Government Codes. l notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV below), given pursuant to Government Code Section 913 and E011 w 815.4. Please note all "Warnings". AMOUNT: Exceeds $10,000.00 David R. Olick CLAIMANT: iso January 4, 1999 ATTORNEY: DATE RECEIVED: ADDRESS: 150 Gardenia Court BY DELIVERY TO CLERK ON: January 4, 1999 T14artinez, CA 94553 BY MAIL POSTMARKED: January 2, 1999 L FROINE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-nested claim. FML BATC LOR, Cler Dated: January 4, 1999 BY: Deputy K FROG County Counsel TO: Clerk of the Board of Supervisors is 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: .:� g/ R Dated: {m By: - �Dep�ity County Counsel III. FROn. - Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. OA.RD ORDER. By unanimous vote of the Supervisors present: (vJ 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: Lej t9i 4 Ll PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the elate this notice was personally served or deposited in the snail 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. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MATLLNG 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. Bated: By: PHIL BATCHELOR B Deputy Clerk ` d CC: County Counsel County Administrator tE C CLAIM AGAINST GOVERNMENTAL ENTITY AND EM.P.L(W, E��S?: 2 [Government Code Sections 910 911)1,2 3 Date: January 1, 1999 4 ; TO: Contra Costa County Board of Supervisors, Sheriff's Department; Employees: I. nkno°,un: 5 Name and Post Office Address of Claimant: 6 David. R. {dick, 150 Gardenia Court, Martinez, CA 94553 7 Notices To Be Sent To: 811 David R. OJlick, 150 Gardenia Court, Martinez, CA 94553 9 Date, Place and Circumstances: 10 July 2, 1998 wherein claimant was unlawfully held in the Contra Costa County Jail., assaulted and battered; falsely imprisoned, victimized by excessive force, tortured. and otherwise 11 ,E had his civil rights violated.. ` 12 General Description of the Injury Damage or Loss' 13 Physical injury including, but not limited to, bruising, abrasions and cuts; mental and emotional distress, aggravation to existing heart condition known to assailants, general damages as p 14 ;° allowed by law, medical expense, lost income, lost earning capacity. 15 ?Names of Public Employees Causing the Ind , Damage or Loss as far asit is PresentlyKL-o A rt_ 16 Presently unknown. 7 Amount Claimed if Less Than $10,000.00. a 18 The dollar amount is not stated pursuant to Government Cade Section 91 0(f) in that the 19 amount exceeds $101,004.00. The Claim would not be limited in a civil case. _ Claimant: 20 H r �. 21 David . CJI k 22 23 24 25 26 5 27 Y, 28 ii I PROOF ,OF SEBA'—ICE MAIC 2 y, certify as follows: 3 am a citizen of the United States of 4 ,jAmerica, a resident of the County of Contra Costa, State of is 5 California, over the age of eighteen years, and not a party to the 6 within entitled cause or matter. My business address is Helen J. 7 Schein, McCuthen Doyle Brown & Enerson, 3 Embarcadero Center, San 8 Francisco, CA 94109. 9i; on, January 1, 1999 T served/filed/presented the follovring� 10 Claim Against Governmental Entity and Employees 11 by depositing an original thereof in a United States Post Offic-0 12 Imai-I box at Walnut Creek, California, enclosed in a sealed 13j3envelope with the postage thereon fully prepaid, addressed as H 14 follows: 15 Supervisors Clerk Board of Supervisors 16 1 County of Contra Costa 651 Pine Street, 17 1 Martinez, CA 94553 I declare under penalty of perjury under the 'Laws of the 19 " I State of California that the foregoing is true and correct. 20 , Exe cuted on January 1, 1999, at Martinez, California. 21 22 4 23 kELEN J. ,,8CHEIN 24 25 26 27 28 } � a e ? lose 000 - 40, ` i0 v a�au� ttd tet^" (0� P tJ 'Lf or r { u G tt i G # G i!S u r q 10 , . 0C . * + too 00 [ Ul $4Q Id a3 CLAM BOA OF S�JPER�nSt��S >�F Q�TRA CQSTA rn TN`s', >�Ai R��a BOARD ACTIO[!E February 2, 1999 Maim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. Ali Section references ar <u T The copy of this document mailed to you is your California Government Codes. `> ) �" notice of the action taken on your claim by the z ;�w Board of Supervisors. (Paragraph IV below), given y pursuant to Government Code Section 913 and q wFE L 515.4. Please note all "Warnings". AMOUNT: $3,000.00 and future medical billing and future pain and suffering, anxiety and emotional distress CLAIMANT: Sophia Sierra Richards, a minor through her Guardians Ad Litem, Tammy L. Harkins ATTORNEY: J. Michael Hosterman, Esq. DATE RECEIVED: January 4, 1999 Attorney at Law ADDRESS: 555 Peters Ave. , Suite #115 BY DELIVERY TO CLERK. ON: January 4. 1999 Pleasanton, CA 94566 BY MAIL POSTMARKED: Hand-delivered L FROM: Clerk of the Board of Supervisors Tri: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk�,, Dated: January 4, 1999 By: Deputy ✓ � t IL FROM: County Counsel TO: Clerk of the Board of Supervisors ('This claim complies substantially with Sections 910 and 910.2. { } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { ) 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: 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). ;{V. BOARD ORDER By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { ) tither: I certify that this is a true and correct copy of the Board's Order entered in its :minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , 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. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NLkELING 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: By: PHIL BATCHELOR By A Deputy Clerk M. County Counsel County Administrator f J. MICHAEL HOSTERMAN, ESQ. (SBN 76820) >555 Peters Ave., Suite #115 21 Pleasanton, CA 94566 t t Telephone: (925) 425-8000 s Attorney for Claimant SOPHIA SIERRA RICHARDS, a minor through her zea i guardian Ad Litem, TAMMY L. HAR.KINS 9 gi Cl ZX p . 5x,4' _: s S £SOPHIA SIERRA RICHARDS, a minor through Ther guardian Ad Litem, TAMMY L. HARKINS, Claimant, 12 ` VS. NOTICE OF CLAIM PURSUANT TO GOVERNMENT CODE 4910 1411 County of Contra Costa., x Respondent. t To: THE CLERK. OF THE BOARD OF SUPERVISORS OF THE COUNTY OF j€ $CONTRA COUNTY, 651 fine Street, Martinez, California 94553. (a) You are hereby notified that SOPHIA SIERRA RICHAR.DS, a minor, through 20 her guardian Ad Litem, TAMMY L. HARKIN, whose address is 6400 Hillside Drive, Ei 3 Sobrante, California 94803, is claiming damages from the County of Contra. Costa. T2:# (b) All notices or communications with regard to this claim should be sent to the 3 Claimant in the care of. ��gg F £ 2 ': 3} J. Michael Hosterman, Esq. Attorney at Law € 555 Peters Ave., Suite #115 26 f Pleasanton, CA 94566 271 t t t 28 � 3 S (c) This case arises out of personal injuries sustained by Claimant, Sophia Sierra }Richards, a minor, whose date of birth is January 22, 1395. This claim is brought on behalf Y} 6�3 ; of Claimant by her mother and Guardian Ad Litem, Tammy L. Harkins. (d) Claimant, Sophia Sierra Richards, sustained injury as a result of an accident which occurred on July 7, 1998 at approximately 9:00 p.m. The location of the accident was { 5 I?a pothole on Hillside give, in front of the residence at 6351 Hillside Drive, El Sobrante, ; California 94803. The north edge of the pothole is in line with the north side of the driveway of said residence. From that location, the pothole extends approximately lei" i11 a morthbound direction. The east edge of the pothole is approximately 14" from the west edge ' 'of the east curb of Hillside Drive and extends approximately 8" in a westbound direction. 2::: fF (e) On the date of this incident, lana Richards, the father of Claimant Sophia Sierra 1411 Richards, was carrying said Claimant and stepped into the subject pothole and felt to the 15,,;pavement. As a result of said fall, Claimant Sophia Sierra Richards sustained serious injury. s 165 i s (f) Claimant is informed and believes, and thereon alleges, that the County of Cort:a Costa owned the public property where this accident occurred. A dangerous condition I IS 3existed o the public property, to wit. the pothole measuring approximately 8 wide and. to 10;1 s 2 Tong, Claimant, Sophia Sierra Richards sustained injury which was proximately caused by said dangerous condition. The dangerous condition created a reasonably foreseeable risk of 2 'the kind of injury that was incurred. The County of Contra Costa had actual or constructive 23 s# ynotice of the existence of the dangerous condition in sufficient time prior to the injury to 24 l,have corrected that condition. 2 I, (g) As a result of this incident, Claimant, Sophia Sierra Richards sustained serious ` 26 }injury, including a broken left leg at the lower tibia, at the growth plate. s (h) As a further result of this subject fall, Claimant Sophia Sierra Richards has 2 4! E #y pf !incurred medical billing to date of approximately $3,000.00. Claimaint has also incurred g pair and suffering, anxiety and emotiona� distress. Claimant wi l incur future medical billin s ;and tuture pain and suffering, anxiety and emotional distress. (i) As a further result of said injuries, Claimant Sophia Sierra Richards will incur future lost wages, lost income and lost earning capacity. 43 (j) The amount of damages claimed herein is within the jurisdiction of lie Supperior 8Court of the Mate of California, and is not a limited civil case. I p'f b j {$ Dg � DATED: January 4, 199 r I Ey k # 12, 3;1`MICffAEL HOSTERMI AIS, ESQ. k At rney for Claimant, SOPHIA SIERRA 131 R k CHARDS, a minor through her Guardian } Ad Litem, Tammy L. Harkins 14 7 s s f 1 € 22 23 t 4 1 5 f }j 277 f 8 3 AMMEI) CIALM ,RD OF SUPE 2VISOR5 OF CMIRAi COSTA CGUNTY, ,,LU�M BARD-ACM February 2, 1993 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All 'Section references are to The copy of this document mailed to you is your California Government Codes. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below, given pursuant to Bovernmant Code Section 913 and 915.4. Please note all "Warnings". iYd AO l33`7 3: $15,785.31 CLAIMANT: Valley Slurry Seal Co. ATTORNEY: DATE RECEIVED: January 5, 1999 ADDRESS: P. C• Box 16201 BY DELIVERY TO CLERK ON: January 5, 1999 `vilest Sacramento, CA 95691. BY MAIL POSTMARKED: Hand—delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA LOR, Clerk Dated: January 7, 1999 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claire 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 claire (Section 911.3). (°, bther. s' '# ia43 f �{'y P..ti r f 01 C.�L-. f."l°`9 6 Bated: ° . By: Deputy County Counsel 1L FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3)0 IV. ARD ORDER: By unanimous vote of the Supervisors present: (t,,f 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: F , 1i PHIL BATCHELOR, Clerk, By )01- 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. *For Additional Warning See Reverse Side of This Notice. AFFMAVIT OF N141LXN- G 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 Beard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: f By: PML BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Monday, January 4, 1998 Rich Bruno 1 Contra Costa County '<} Public Warks Department 255 Glacier Drive _ Martinez, CA. 94553-4825 RECEIVED s Re; 1998 Pavement Rejuvenation Treatment JAN Project No. 9872-6U2112 Clear Rich: Valley Murry Seal Co. has reviewed the final estimate on the above referenced project and hereby take,the following exceptions. Valley Slurry Seal Co. will pursue all claims as detailed in our letter dated November 19, 1998. Claim #1 - Contra Costa County has unjustly deducted Liquidated Damages and the cost of cleaning inlets that was not agreed to by Valley Slurry Slurry. Claim #2 -Additional Work was performed by Valley Slurry Seal Co. and has yet to be acknowledged or paid for by Contra Costa County. Claim #3 - Interest on late payment, it is now December and Valley Slurry Seal has yet to receive final payment for work that was done in July&August of 1998. Valley Slurry Seal Co, also takes exception to Contract Change Order#2 showing a deduct of 17,862 liters of Asphalt Rejuvenation Agent at the unit price of$0.513 per liter. Per the Specification a reduction in a contract item of more than 25% allows for an adjustment in Unit Price at the request of the contractor. Valley Slurry Seal Co, hereby request that Contract Item#2 be adjusted as follows. Total pay quantity for item#2 was estimated to be 58,431 liters at $13.50 per liter for a total payment of$29,215.513. Valley Slurry Seal recommends a unit price adjustment of an additional $0.51 per liter be paid on the quantity used. This additional compensation would bring the the ltotal pay for Item#2 to $21,914.98 which would equal 75% of the Contract amount agreed to on Item#2 Asphalt Rejuvenating Agent. Valley Slurry Seal Co. hereby takes exception to the final estimate as stated above and per our claims submited earlier. Valley Slurry Seal Co. hereby request a meeting to resolve the outstanding issues. If you have any questions or need further information please feel free to call. Sincerely Alan S. Berger Vice President cc: Board of Supervisors District Attorney R 0. BOX 1820 • WEST SACPAMENTO, CA 95691 • PHONE(916)373-150£7 FAX NO. (916)373-1438 •CONTRACTOR'S LICENSE NO. 293727A Thursday, November 19, 1998 Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA. 94553 Re: 1998 Pavement Rejuvenation Project No. 0672-6U2112 Dear Board of Supervisors: 'galley Slurry Seal Co. hereby submits the following Claims for deductions, additional work, and interest for nonpayment for work performed on the above referenced project. Claim #1 - Deductions of$10,658.31 To date Contra Costa County has deducted $8,000.00 for liquidated damages and $2,658.31 for cleaning of inlets. Liquidated Damages: Per the specifications, Section 4, The contractor shall begin work on July 20, 1998 of which we did. The first chargeable working day would therefore be July 20, 1998. The original contract allowed 30 working days and Contract Change Order#1 allowed an additional 10 working days. This would make the last working day September 14, 1998. All work was complete prior to this date. Per our letter of October 14, 1998, see attached, Valley Slurry Seal Co. pointed out numerous issues with regards to the liquidated damages but have yet to receive any response. The most notable is the Weekly Statement of Working Days of which to date have not been sent by Contra Costa. County. Cleaning of Inlets: As stated in our earlier letter Valley Slurry Seal Co. never agreed to the amount of$2,658.31 as a deduction for cleaning of inlets. This work was performed at the direction of Contra Costa County not Valley Slurry Seal Co. Again per our letter of October 14, 1998 Valley Slurry Seal Co. was not allowed to mitigate this cast and hereby takes exception to it. Claim #2 - Additional Work of 15.127.00 Valley Slurry Seal Co. was directed by Contra Costa County to perform additional sweeping far beyond the requirements of the Contract. Per the specifications; Section 10-1.12 Clean - Up, loose sand remaining after the asphalt rejuvenating agent has set shall be swept 3 within two to five working days, Additional sweeping may be required up to 10 working days, and the specifications go on to state the number of sweepings required by the Contractor for any one road treated shall not exceed 3 sweepings. P. O. BOX 1620 •WEST SACRAMENTO. CA 95691 • PHONE(916)373-1500 FAX NO. (9161373-1438 •CONTRACTOR'S UCENSE NO. 293727A PRVEMEM IMIRInTEMIRncE SPECIRLISYS Valley Slurry Seal Co. was directed by Contra Costa County to provide additional sweeping past the 10 working day requirement even after the roadway had been swept more than 3 times. Valley Slurry Seal Co. completed the application of the reclamite in the Antioch/Oakley on July 23, 1988 which would make the last day of sweeping August 8, 1998. Valley Slurry Seal Co. was directed by Contra Costa County to provide additional sweeping again on August 14, 1998 which exceeded the contract requirements. Please find attached the following daily cost reports and invoices. Date Performed Description of Work Cost August 12, 1998 Labor for Posting of No Parking Signs $408.00 August 13, 1993 Labor for Posting of No Parking Signs $410.00 August 14, 1988 Labor/Equipment to help Sweeping $1,829.00 August 14, 1988 Sweepers(2 Invoices) $-2380.00 $5,127.00 Claim #3 - Interest on Late Payment, $ Undetermined Valley Slurry Seal Company completed work all work on August 17, 1998 and still has a balance due. Valley Slurry Seal Co. is due interest on this outstanding balance and will be calculated once the payment date is determined In conclusion, deductions of$10,658.31 have been withheld unjustly, Valley Slurry Seal Co. was directed to perform additional work beyond the contract in the amount of $5,127.00 and have yet to receive full payment for work perforin. Valley Slurry Seal Co. hereby submits a total claim of$15,785.31 plus the interest on the outstanding balance due for the above referenced proje . If you have any questions or need any further information please feel free to call. We look forward to your earliest response so this matter may be resolved. Sincerely, Alan S. Berger Vice President cc: B. Nugent, Construction J. Murphy, Contruction