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Home My WebLink AboutMINUTES - 03051991 - 1.11 / CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA v Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 5, 1991 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GRAY, Laronn Zashal GRAY, Laronn J. (a minor) F E B 8 1J�1 ATTORNEY: JENKINS, Janice Frederick John James Date received COUNTY COUNSEL. ADDRESS: Attorney at Law BY DELIVERY TO CLERK ON February 6, "VINEZ, CALIF. 1624 Franklin St. , Suite 1000 February 5 1991 Oakland, CA 94612-2824 BY MAIL POSTMARKED: Y I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 8, 1991HHIL BATCHELOR, Cler Y: Deputy II. FROM: County Counsel TO: Clerk of the Board o ervisors 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: / II '�j) BY: I ` 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 ORER: 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: MAR 5 W1 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code sec n 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: MAR 6 1991 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator Law offices of FREDERICK JOHN JAMES (415) 839-5708 Attorney and Counselor at Law THE FRANKLIN BUILDING 1624 FRANKLIN ST., SUITE 1000 OAKLAND, CALIFORNIA 94612-2824 Date: January 29, 19 91 TO, Clerk, Board of Supervisors : RECEIVE® County of Contra Costa 651 Pine Street Martinez, CA 94553 FEB 6 19q CLERK OARD OF SUPER NT A COSTA CO SUBJECT: GRAY v. COUNTY OF CONTRA COSTA Dear Clerk: The following items are enclosed: CLAIM AGAINST THE COUNTY OF CONTRA COSTA (LARONN ZASHAL GRAY, LARONN GRAY, JR. and JANICE JENKINS) (Original + 4 Copies) F71. Please obtain the judge's signature on the original document and conform the copies to the original. Return those copies to my office in the enclosed envelope. /_7 2. Please file the originals and return the endorsed, file-stamped copies to my office in the enclosed envelope. 1-7 3. Please sign the original and return it to my office in the enclosed envelope. 7-7 4. Check No. in the amount of $ is enclosed in payment of the fo oT1ow ng: 5. Please issue the enclosed document and return it to my office in the enclosed envelope. XXXXXXET6• Please receipt stamp two (2 ) copies and return to_. my office in the enclosed self-addressed envelope. Very truly yours, Frederick J. James FJJ: sal Enc 1: 1. As Above 2. Self-addressed Envelope (When 1,2,3,5 checked) FREDERICK JOHN JAMES Y .; RECEIVE® Attorney at Law 1624 Franklin Street, Suite 1000 FEB 61991 Oakland, CA 94612-2824 Phone: (415) 839-5708 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Attorney for Claimants LARONN ZASHAL GRAY, individually, and as guardian ad litem of LARONN GRAY, JR. , a minor child JANICE JENKINS CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Government Code Sections 910, 910.2 TO: Clerk, Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Claimants submit the following information in sup- port of their claim for personal injuries and property damage: A. NAME AND POST OFFICE ADDRESSES OF CLAIMANTS LARONN ZASHAL GRAY JANICE JENKINS LARONN GRAY, JR. 1300 Rumrill Road 775 So. 47th Street San Pablo, CA Richmond, CA 94804 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT FREDERICK JOHN JAMES Attorney at Law 1624 Franklin Street, Suite 1000 Oakland, CA 94612-2824 C. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THIS CLAIM On December 12, 1990, LaRonn Zashal Gray (Gray) was operating a 1987 Ford automobile owned by Janice Law Offices of FREDERICK JOHN JAMES ATTORNEY AT LAW CLAIM AGAINST THE COUNTY OF CONTRA COSTA - 1 1824 FRANKLIN STREET SUITE 1000 ORIGINAL OAKLAND CALIFORNIA 91812.2824 (415)839-5708 Jenkins, California License No. 2 ENZ 927, northbound on 37th Street near its intersection with Bissel Street, in the City of Richmond, County of Contra Costa, State of California. LaRonn Gray, Jr. , a minor child, date of birth, April 8, 1983, was a passenger in this automobile. Amilcar Correia Cerejo (Cerejo) , an employee of the County of Contra Costa, was operating a 1990 Ford Truck, California License No. E112 054, owned by the County of Contra Costa, southbound on 37th Street near its intersection with Bissel Street, in the City of Richmond, County of Contra Costa, State of California. Amilcar Cerejo turned left from 37th Street onto Bissel, colliding with Gray' s vehicle, causing person- al injuries to Gray, LaRonn Gray, Jr. and property damage to Jenkins ' automobile. D. GENERAL DESCRIPTION OF INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IS PRESENTLY KNOWN The County of Contra Costa is liable for injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by its employee, acting within the scope of his or her employment. California Vehicle Code Section 17001. California Vehicle Code Section 21801(�d) provides as follows: "The driver of a vehicle intend- ing to turn to the left or to complete a U-turn at an intersection, into pub- lic or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the op- posite direction which are close Law Offices of FREDERICK ORNEYAJOHN JAMES ATTORNEY AT LAW CLAIM AGAINST THE COUNTY OF CONTRA COSTA - 2 1624 FRANKLIN STREET SUITE 1880 OAKLAND CALIFORNIA 94612-2824 (4151839-5708 enough to constitute a hazard at any- time during the turning movement, and shall continue to yield the right-of- way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. " Cerejo failed to abide by this statute. Because Cerejo violated the statute, he is presumed to be negligent. The County of Contra Costa is liable for injuries and damage caused by Cerejols negligence. The City of Richmond Police Department prepared Traffic Collision Report No. 90-34266. A copy of that report is attached to, and incorporated by reference in this claim. E. NAMES OF PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS The name of the public employee causing the injury, damage or loss is Amilcar Correia Cerejo. Clai- mants do not know the names of other public employees who may be responsible for this loss. F. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS CLAIM The amount claimed exceeds $10, 000. Jurisdic- tion over this claim would be in the Municipal Court. SIGNATURE ON BEHALF OF CLAIMANT Dated: January 25, 1991 J JA4-� FREDERICK JOHN JAMES Attorney for Claimants LARONN ZASHAL GRAY, individually and as guardian Law Offices of ad litem for LARONN GRAY, JR. , FREDERICK JOHN JAMES a minor child ATTORNEY AT LAW JANICE JENKINS 1624 FRANKLIN STREET SUITE 1000 oaKwNo CALIFORNIA 91612-2624 CLAIM AGAINST THE COUNTY OF CONTRA COSTA — 3 (415)639.5708 VTATIE Of CALIFORNIA R1 C H,Ml r)N'D I' L!C 'TRAFFIC COLLISION REPORT r A 1 r N!11 ^.71n PAGE OF SPECIAL CONS NUMBER HIT A RUN _ JUL DISTRICT NUMBER INJURED FELONY V _Z -Z NUMBER HIT RUN COUNTY Ixt TH! BEAT KILLED, MISO. CTI COLLISION OCCURRED ON 7- m6' 41 o#, TIME(2,Loo) 8 OFFICERID. —3 DAI z ,�36� 7 l5rl�o Ell 09101A�913 2 -------- • DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: 11 E C S FEET/MILES OF MILEPOST M T 'No �)T F S E]YES LI 0 , 0 STATE HViY REL J 5aAT INTERSECTION WITH ❑On: FEET/MILES OF YES NO FgNE PARTY DRIVERS LICENSE NUMBER STATE CLASS SAFETY VEIL YR, MAKE/MODEL/COLO LICENSE N(AMBER STATE _;,, 6 EGUIP* OWER NAME(FIRST.MIDDLE-LAST) VJ I LC' 7,7 C G�,ZZ-1,4 C &—S b PEDES. STREET ADDRESS OWNER' NAME M SAME AS 1!5yER TRIAN Lel 1:3 1 IIIIIIED C"I STATE/ZIP `/_ 1 --T OWNER'S ADDRESS E] SAME AS DRIVER VIEMICLE � alcy. SEX HAIR VES HEIGHT WEIGHT -BIRTMDATE RACE DISPOSMON OF VEHICLE ON ORDERS OF: ❑OFFICER RIVER ❑ OTHER COST 13,74 Z, OTHERBUSINESS PHONE -(.(, �> NI PRIOR MECHANICAL DEFECTS: NONE APPARENT El REFER TO NARRATIVE 3 CHP USE ONLY DESC: BEVEKCLEDA.MAGE SHADE IN DAMAGED AREA El 7;r)-7, 1- ct�s)'c 4 VEMCLE TYPE INSUR ER POLICY NUM 84R_Tr-ArRR' MOD, TOTAL [:]MAJOR ❑ DIF.OFSTREET OR HIGHWAY ----TSPEED PCF 1CC 0 TRAV4ir _ PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEIL 11 MAKE/MODEL/COLOR LICENSE NUMBER STATE E."'P. -27 ,- 2 .r . . . . . . . . DRIVER NAME(FIRST.MIDDLE,LAST) From STREET ADDRESS OWNER'S NAME E]SAME AS DRIVER O 2> VAAXE 0 VEHICLE CITY I STATE,ZIP XOWNER'S ADDRESS SAME AS DRIVER 0 y E", SICY- SEX HAJR4 I EYESV 11EIGZ ;EIG KT BIRTHDATE RACE DISPOSTION OF VEHICLE ON ORDERS OF: ❑OFACER�VER ❑ OTHER �0 CL:ST DAY YEA�11-, 1 4 OZ. OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT ❑ REFER TO NARRATIVE ❑ /i ew CHP USE ONLY DESCRIBE V"CLE DAMAGE SHADE IN DAMAGED AREA VE"C LE TYPE INSURANCE CARRIER POLICY NUMBER ❑UNI. [:]NONE R -7- -11:1 MOD. [:)MAJOR E]TOTAL DICT OF I ON STREET OR HIGHWAY SPEED PCF ICC 0 TRAVEL [I PUC IV CHP 0 PARTY DRIVER'S UCENSE NUMBER STATE CLASS SAFETY VEIL YR. MAKE./MODEL I COLOR LICENSE NUMBER STATE ECKAP. 3, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DRIVER NAME(FIRST.MIDDLE.LAST) n --.•...r...-..-..- PEDES ST5EET Al!t�gTSS -OWNFRISAAME p SAME AS DRIVER TRI AN Ilii } C3 PARKED C37Y t STATE/ZIPOWNEA'S ADDRESS E]SAME AS DRIVER VEHICLE 1:-7 ✓ micy. SEX :ajAiI4DATF; -"'"RACE 631�8SiTION OF VEHICLE ON ORDERS OF: ❑OFFICER ❑ DRIVER ❑ OTHER COST O. A . YEAR o 7!J= L711 wEG"T T ' OTHER "?ME PHONE ADNI. OUSINESSF ON A. PRIOR MFCrffiWAL DEFECTS: NONE APPARENT REFER TO NARRATIVE F ❑ C ASSIC-�xp CHP USE I E ONLY POLICY NUMBER --��FVEHICLE DAMAGE SHADE 04 DAMAGED AREA VEHIC E INSURAK E,;.�RJLO IERJ .1111E NONE 0 MINOR 11 WOO. 0 MAJOR E]TOTAL DIP.Of JONSTREET OAHIGHWAY SPEED I PCF cc ❑ TRAVEL LIMIT PLC 0 I CHP 0 PREPARER S NAME DISPATCH NOTIFIED �DrCVIEWED '4 2/Ocp- 0-as E3 NO 0 N/A 77),*-,-.I ,,.-.--'.ti,.,,-iV CHP 555-Page 1 (Rev. 7-87)OPI 042 87 45344 ITA'M OF CAUFORMA , TRAFFIC COLLISION CODING PAGE DATE OFCOLLIS:�N TIME(JL00` NC1C NUMBER .111.11 L 0 NJMBER:.r Mo. '..1 Z 2 DAY 1YEAR L(c� L Ll - OWNERSNAMEIADDRESB NOTRED PROPERTY El,- OND DAMAGE DESCR 7n ON OF DAMAGE SEATING POSITION OCCUPANTS SAFETY EQUIPMENT M/C BICYCLE•HELMET EJECTED FROM VEH. 1-DRIVER A-NONE IN VEI4CLE L-AIR BAG DEPLOYED 0•NOT EJECTED 2 TO B-PASSENGERS B•UNKNOWN M•AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7•STA.WGN.REAR C-LAP BELT USED N-OTHER V-NO 2•PARTIALLY EJECTED III-RR OCC.TRK_OR VAN D-LAP BELT NOT USED P-NOT REOUIRED W-YES 3•UNKNOWN O-POSITION UNKNOWN E-SHOULDER HARNESS USED 123 0•OTHER F-SHOULDER HARNESS NOT USED CHILD Rt FSTRAINT PASSENGER 4 5 6 G-LAP!SHOULDER HARNESS USED 0-IN VEHICLE USED X-NO H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES 7 J-PASSIVE RESTRAINT USEDS-IN VEHICLE USE UNKNOWN K•PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 23 TYPE OF VEHICLE 1 2 3 MOVEMENT PRECEDING UST NUMBER(r)OF PARTY AT FAULT 0 A VC SECTION VIOLATED:\ -13 El A CONTROLS FUNCTIONING A PASSENGER CAR/STA WGN- COLLISION Z_l L I A, 1 El NO B CONTROLS NOT FUNCTIONING' B PASSENGER CAR W/TRAILER A STOPPED I B OTHER IMPROPER DRIVING• C CONTROLS OBSCURED - C MOTORCYCLE/SCOOTER B PROCEEDING STRAIGHT .D NO CONTROLS PRESENT/FACTOR' D PICKUP OR PANEL TRUCK C RAN OFF ROAD C OTHER THAN DRIVER- TYPE OF COLLISION E PICKUP/PANEL TRK.W/TLFL D MAKING RIGHT TURN D UNKNOWN' A HEAD-ON F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN a E FELL ASLEEP' B SIDESWIPE G TRK./TRK.TRACTOR W/TLR. F MAKING U TURN C REAR END H SCHOOL BUS G BACKING WEATHER(MARK I TO 2 ITEMS) D BROADSIDE I OTHER BUS H SLOWING/STOPPING A CLEAR E HT OBJECT J EMERGENCY VEHICLE I PASSING OTHER VEHICLE B CLOUDY F OVERTURNED K HWY.CONST.EQUIPMENT J CHANGING LANES C RAINING --- -- G VEHICLE/PEDESTRIAN L BICYCLE K PARKING MANEUVER D SNOWING H OTHER% MOTHER VEHICLE L ENTERING TRAFFIC E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED VITH N PEDESTRIAN M OTHER UNSAFE TURNING F OTHER% A NON-COLLISION O MOPED N XING INTO OPPOSING LANE G WIND B PEDESTRIAN O PARKED LIGHTING L C OTHER MOTOR VEHICLE P MERGING A DAYLIGHT D MOTOR VEH.ON OTHER ROADWAY OTHER ASSOCIATED FACTOR Q TRAVELING WRONG WAY B DUSK-DAWN E PARKED MOTOR VEHICLE 12131 (MARK I TO 2ITEMS) R OTHER:' C DARK-STREET LIGHTS F TRAIN A vc SECT10N YIOuflON: GrED D DARK-NO STREET LIGHTS G BICYCLE OYES ONO E DARK• STREET LIGHTS NOT H ANIMAL: B VC SECnON VIOLATION: CITED FUNCTIONING, OYES ONO SOBRIETY-DRUG ROADWAY SURFACE FIXED OBJECT: C vc sccnoN vioLATION: CTE0 '2 'J PHYSICAL A.DRY ❑YEs (MARK I TO2ITEMS) B WET J OTHER OBJECT: ❑140EA HAp NOT BEEN DRINKING C SNOWY•ICY D D SLIPPERY(MUDDY,qLY,ETC.) E VISION OBSCUREMENT: B H F INATTENTION' C HSD-UNDER INFLUENCE D-NOT UNDER INFLU.• ROADWAY CONDITIONS G STOP E TO TRAFFIC D HBD-IMPAIRMENT UNK.• (MARK 1 TO 2 ITEMS) PEDESTRIANS ACTION E UNDER DRUG INFLU.' "! A NO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP F IMPAIRMENT•PHYSICAL' A HOLES DEEP RUTS' I PRFIAOUS COLLISION CROSSING IN CROSSWALK G IMPAIRMENT NOT KNOWN B LOOSE MATERIAL ON RDWY.' B AT INTERSECTION J UNFAMILIAR WITH ROAD I( H NOT APPLICABLE DEFECTIVE YEH.EQUIP.: CITED C OBSTRUCTION ON ROADWAY' C CROSSING IN CROSSWALK-NOT ❑YEs I SLEEPY/FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION ❑NO SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS MATERIAL F FLOODED- E IN ROAD-INCLUDES SHOULDER M OTHER•: G OTHER% F NOT IN ROAD N NONE APPARENT H NO UNUSUAL CONDITIONS G APPROACH/LEAVING SCHOOL BUS O RUNAWAY VEHICLE fKETLN MSCELLANEOUS Lr ( I e ) INOIGA T< Q ) I NOATM � ) Oi I ti m G: o 171 m a I I I a I I STATE OF CALIFORNIA IN,JUREb / WITNESSES / PASSE(tuERS'S t� =g .. G, PAGE DATE OF COLL.:IDN TIME(2400) NCIC NUMBER OFH[E NUM�Ep—3 4 2 6 6 12/12/90 0912 0.710 1 l��U EXTENT OF INJURY ( "X" ONE) INJURED WAS ( "X" ONE ) MRTNESS PASSENGER PARTY SEAT SAFETY EJECTED ONLY ONLY AGE SEX NLMBER POS. EQUIP. FATAL SEVERE OTHER VISIBLE COMPLAINT DRIVER PASS. PEO. BICYCLJ ST OTHER INJURY IWURV INJURY OF PAIN Cl" El32 M El ❑ El E] ❑ ❑ ❑ 2 G 0 TELEPHONE NAME f D.O.B.f AD DRESS SAME AS PARTY 2 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: SELF BROOKSIDE DESCRIBE INJURIES RIGHT SHOULDER PAIN ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑# 7 M ❑ I ❑ 1 ❑ 1 91 1 ❑ ❑ ❑ ❑ 2 4 C 0 NAME ID.O.B./ADDRESS TE EPHO JE LARONN GRAY JR . 04/08/83 350 So. 29t_l Si RICH'iOND CA 3�-1831 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: FATHER BROOKSIDE DESCRIBINJURIES RGHT SIDE REAR SHOULDER AREA 1 ❑ VICTIM OF VIOLENT CRIME NOTIFIED � 6 M El El El El El ❑ ❑ ❑ ❑ 2 ❑tt 7 C 0 TELEPHONE NAME I D.O.B.I ADDRESS DAVID GRAY 07/30/84 ADD . SAME AS ABOVE QNJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑tt ❑ 10 M ❑ ❑ ❑ ❑ ❑ ❑ El ❑ 3❑ 2 G 0 TELEPHONE NAME I O.O.B.I ADDRESS DEON JENKINS 8/24/80 1300 RUMRILL AVE #115 SAN PABLO CA QNJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑# LTV 1 6 1 F ❑ ❑ ❑ ❑ ❑ ❑ I ❑ I ❑ I ❑ 2 5 C 0 TELEPHONE NAME i O.O.B.f ADDRESS ASHA JENKINS 7/27/84 ADD SAME AS ABOVE (INJURED ONLY)TRANSPORTED BY; TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED De 1 ❑ 5 3 M ❑ ❑ ❑ ❑ ❑ El El Q i TELEPHONE NAME/D.O.B.r ADDRESS39 GEORGE HAIGE 6/3/37 1524 MARKET AVE SAN PABLO CA 237-23 QNJURED ONLY)TRANSPORTED BY: TAKEN TO: QESCRIBE INJURIES ❑ VICTMRFpl (TCPoME�OTI9.9(') PREPAREA'S NAME LD.NUMBIR MO. DAY YEAR REVIEWER'S NAME MADAY 1043 12 12 90 CHP 555-Page 3(Rev. 7-87) OR 042 87 4-36j7 T � STATE OF AUFG-SIA / NARRAJ IVE/SUPPLEMENTAL PAGE OATFOF INCIC.,'iTIOCCURENCE TIME(2400) NCIC NUE,6ER OFFCER I.D. NUM2ER 0908 0710 ' 1043 90-34266 ONE 'X'GhE TYPE SU PKEMF_NTAL('X'APPLICABLE) © NARRATIVE COLLISION REPORT ❑ SA UPDATE ❑ FATAL ❑ HIT d RUN UPDATE SUPPLEMENTAL ❑ OTHER- ❑ HAZARDOUS MATERIALS ❑ SCHOOLBUS ❑ OTHER GTYIC::UNTY/JUCICALDISTFICT REPORTING CISTR:CT i BEAT CTA T ION NUMaER RICHMOND/CONTRA COSTA/BAY MUNI LOCATION ISUBJEC T STATE HIGHWAY RELATED 37th ST @ BISSELL AVE 12 YES NO 1. POI : APPROX 24 FT W OF PROLONGATION E/CL 37th ST AND APPROX 20 FT N OF 2 PROLONGATION S/CL BISSELL AVE . 3. ALL MEASUREMENTS ARE APPROX AND POI DETERMINED BY DEBRI ON THE ROAD 4 5. NOTIFICATION : — 6 ON 12/12/90 AT APPROX 0908 hrs I RESPONDED TO AN 11-83 AT THE ABOVE LOCATION 7. AND ARRIVED ON SCENE AT APPROX 0912 HRS . I CONTACTED BOTH PARTIES ON THE 8. E/CL OF 37th ST AND OBTAINED THE FOLLOWING STATEMENTS . 9 10. STATEMENTS: 11. PARTY 2 (GRAY ) 12. GRAY SAID HE WAS N/B 37th ST LANE 1 AT APPROX 37 MPH AND SAW V-1 S/B 13. 37th ST AT BISSELL AVE. ATTEMPTING TO MAKE A LEFT TURN ON TO BISSELL AVE . 14. GRAY SAID THAT V-1 TURNED LEFT INTO MY VEHICLE , AS I ATTEMPTED TO SWERVE . 15. TO AVOID THE ACCIDENT, BUT THE TRUCK HIT MY FRONT MIRROR AND THEN HIT THE 16. BACK OF MY CAR . 17. 18. PARTY 1 (CEREJO) 19. CEREJO SAID HE WAS S/B ON 37th ST AND GOING TO MAKE A LEFT TURN ONTO 20 BISSELL AVE AND SAW TWO PEOPLE WALKING ACROSS THE CROSSWALK OF 37th ,,ST . 21. CEREJO SAID HE SAW V-2 COMING N/B ON 37th ST AND THOUGHT V-2 WAS GOING TO 22 STOP FOR THE PEOPLE , SO I STARTED MY LEFT TURN AND VEH 2 KEPT GOING AT 23 WHICH TIME I HIT THE VEHICLE ON THE LEFT SIDE . 24. 25. WIT #1 HAIGE 26. HAIGE SAID HE JUST PARKED HIS VEHICLE AGAISNT THE W/CL OF 37th ST AND WAS 27. WALKING TOWARDS THE COURTHOUSE WHEN HE SAW THE TRUCK TURN LEFT INTO THE GOLD I( 28. TEMPO. HAIGE SAID THE GOLD TEMPO ATTEMPTED TO AVOID THE ACCIDENT BY SWERVING ] 29. OPINION/CONCLUSION 30. IT IS MY OPINION THAT P-1 WAS IN VIOLATION OF 21801a CVC BASED UPON 31. STATEMENTS AND PHYSICAL EVID . AT THE SCENE . I 32. PPEPAREn'S NAME I.D.NUMBER hK;NTH/DAY/YEAR REVIEWER'S NAME r1 `GJN'.I. MADAY 1043 12 12 9 0 U + C�sj CHP 556 (Rev. 7-87) OR 042 88.8.611 n aaaaaa4ptsaaaa W 88D O u/? ID a U w DN ,s w� W�- ,lq�0�� Q off t[1 OD UJ 0 Tcli�, Q a l`�11 3 N W cn @ 08 O L ,q �~o' R{ ac 1 V o Z Z LL S4 4J ul W uZZ Uun 0 8,<<'z ,n � � oLL W 4.4 H 4.) ON roz�a O 4.)U. N zSO �4 l< �4..0 4.3 U O 44 m O N N. r. N o a " LL �" V U w to CLAIM ' 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 MARCH 5, 1991 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 $1,000.00 (Paragraph IV below), given pursuant to Government Code Amount: Section 913 and 915.4. Please note all "W CLAIMANT: PACIFIC BELL SECURITY �€® GI naM ATTORNEY: M.R. Gylock CQR Pacific Bell Security Date received 4Wk1t�7W ADDRESS: 633 Folsom St. , Room 200 BY DELIVERY TO CLERK ON February 4, 1991 San Francisco, CA 94107 Cert. P018 081 220 BY MAIL POSTMARKED: February 1, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: EVIL BATCHELOR, Cle Frk Phruary R., 1991 eputy II. 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 910.8). ( ) 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: 2 / II 191 BY: I 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: MAR 5 1991 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. 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: MAR 6 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Security . 633 Folsom Street,Room 200 r�°QQ0 FBC fey 13 E L Lo San Francisco,California 94107 A Pacific Telesis Company 14151542-2464 January 31 , 1991 Case No. : 5B046-551 RECEIVED The County of Contra Costa FEB 41991 Board of Supervisors 651 Pine Street CLERK BOARD OF SUPERYI Martinez, CA 94553 CONTRA COSTA CO./ MoTj Ladies/Gentlemen: We are sending you the attached claim notice pursuant to Section 910 of the California Government Code. If you have any questions, please call me on (415) 542-3261. Very trulyours, /an,� M. R. GYLOCK AREA CLAIMS MANAGER attachment ECEIVED FEB 4. 1991 CLAIM AGAINST CONTRA COSTA COUNTY CLERK BOARD OF SUPER CONTRA COSTA CO. Pacific Bell presents a claim for damages against Contra Costa County as provided in Government Code Section 900 a seq. Claimant' s Address: Pacific Bell Security 633 Folsom Street, Room 200 San Francisco, CA 94107 Date of Occurrence: 10/17/90 Location: Pebble & Appian Way, E1 Sobrante Circumstances Causing Claim: Contractor, working for the county, damaged a conduit owned by Pacific Bell while using a scraper being used for street resurfacing. Contractor' s name is Gallagher & Burke. Amount of Claim: $ 1000 .00 Note this is an estimated amount. When complete billing is ready it will be forwarded to your organization. Date of Claim: January 31, 1991 Pacific Bell Case Number: 5B046-551 M. R. GYLOCK AREA CLAIMS MANAGER v ° 022 TVO WT d a3 •^ •� 5 ( g� � Ldp• a� tIrC i)^ Nd5 r= ®J J J WW m CO co m V� E U. V5 H W m az /� a J O O Q Z O LL I J LU U cc 0 U 2 U) U O Z °D� JN < 0 LL 0 (p OC w CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' 1 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT, MARCH 5, 1991 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: $364.49 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SPILLNER, Sand ItECEM M Y (101 1317201) ATTORNEY: Charlene Weibel FEB 8 1991 Claims Department Date received CWNN CDUNSEL ADDRESS: California Casualty BY DELIVERY TO CLERK ON February WT1Uia Risk Mgmt) 375 N. Wiget Lane Walnut Creek, CA 94598-2412 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: PpHHIL BATCHELOR, Clerk February 8. 1991 BY: Deputy II. 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 910.8). ( ) 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 it !�� 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 0 R: 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: MAR 5 1991 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code sec " 13) 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: MAR G 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY . AND/OR NON-ACCEPTANCE OF CLAIM TO: Sandy Spillner c/o Charlene Weibel Claims Department, California Casualty 375 N. Wiget Lane Walnut creek, CA 94598-2412 Re: Claim of SANDY SPILLNER Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s ) of the public employee(s ) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000 ) . If the claim totals less than ten thousand dollars ( $10, 0.00 ) , the claim fails to state the amount claimed as of the date. of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10, 000 ) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel j By: �. Y Deputy ON ty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012 , 1013a, 2015 . 5 ; Evid. C. SS 641 , 664 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s ) having delivery service by U.S . Mail), which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S . Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: a -/0:2 --9/ at Martinez, Californi cc: Clerk of the Board of Supervisors (o ginal ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910 , 910 . 2 , 920 . 4 , 910 .8) RECEIVED California Casualty FEB 61991 a.. /c- . CLERK BOARD OF SUPEAWSORS January 24, 1991 Contra Costa 'County Risk Management 651 Pine Street 6th Floor Martinez, Ca. 94553 At ;14, jul le Abiffleek OUR INSURED OUR CLAIM NO. ACCIDENT LOCATION Spillner, Sandy 101 1317201 680 Pacheco exit Martinp7, Ca - YOUR INSURED YOUR CLAIM NO. DATE OF ACCIDENT Contra Costa Coun y IA91-094J 11/16/9.0 driver Gloria Sutt r Your company has been named as the insurance carrier for the person re- sponsible for the damage to our insured's automobile. OWe shall forward copies of the repair invoices when they are received. X attached are invoices for the necessary repairs in the amount of $ 364.49 includes $250.00 deductible. Sometime ago we sent you our subrogation claim, but we have not received 0 an acknowledgment. Please advise us promptly the position you are taking on our claim. OThe insured's collision deductible has been waived. Please make payment to this company only. QThe documents you requested are enclosed. OEnclosed are executed releases. Please forward payment as agreed upon. OSince we have been unable to reach an agreement, we are filing with the Arbitration Committee. Your insured rearended our insured's car - 84 Ford LTD, license E409222 0 CLAIMS DEPARTMENT - PERSONAL. LINES Charlene Weibel �'�0 PL-422 (6/83) cc: Sandy Spillner California Casualty&Fire Insurance Co. California Casualty Indemnity Exchange California Casualty&Life Insurance Co. California Casualty Insurance Co. California Casualty General Insurance Co. 375 N.Wiget Lane Walnut Creek,CA 94598-2412 P.O.Box 8017 Walnut Creek,CA 94596-1099 (415)932-6699 19011 California Casualty CLAIM PHOTOGRAPH RECORD Insured Policy No.or Claim No. Claimant PHOTO#1 Taken PHOTO#2 Taken DATE DATE Negative available? ❑Yes ❑ No Negative available? ❑Yes ❑ No Car Pictured is: ❑ Insured's ❑ Claimant's Car Pictured is: ❑ Insured's ❑ Claimant's oil Ate: ATTACH HERE W SO7- JUN 1-tS - II—16—Fel, _ r. r7k 4e, . I i i . Submitted by: PL-339(6/88) NOT 2 IQ, 1990 i I i DESCRIPTION OF WOR imam= VI MEN ■■ 111111111111111M No NIMWEM0 ME llimmmm ■■ lIIIIWMM1MM0 ME ■■■��■ _ ■ ONE ■■ ■= ■■ lossMIE m- an ATFA: . •- . CLAIM 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 MARCH 5, 1991 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: $6671;:04 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VIKSTROM, Ingrid (96-12585-78-12 ATTORNEY: Janice Fehrman FEB 8 1991 Farmers Insurance Group Date received COUNTY COUhn ADDRESS: Concord Branch Claim Office BY DELIVERY TO CLERK ON Februar �INW991Nvia Risk Mgmt) 1660 Challenge Drive Concord, CA 94524 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February Ry!L 199 1 PpHHIL BATCHELOR' Clerk : Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors �'d ) 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: /II lei BY: I 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 ORD 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: MAR 5 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se ion9 ) 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: M AR 6 1991 BY: PHIL BATCHELOR by ��..DeputyClerk CC: County Counsel County Administrator `I THE Farmers Insurance Group .F..IVIPANIIE. CONCORD BRANCH CLAIMS OFFICE 1660 Challenge Drive February 4, 1991 P.O. Box 4035 Concord, California 94524 Contra Costa County Fire Pro. Dist. (415) 827-1186 2010 Geary Road Pleasant Mill Ca 94523-469.4 RECEIVED Attn: Mike George VJPr IN REPLY PLEASE REFER TO: 71991 Our insured: Ingrid Vikstrom d Q-P-Y Date of Loss: 10116190 CL&OWDEF SUPERVISORS Our Policy No: 96-12585-78-12 Rp COSTA CO. SALLA: B2 49702 Accident Location: Outside Rossmoee Gate 'in Walnut Creek, Ca . , . See Police Report enclosed. Total Amount of: $5,868.14 for.- our car damages Claim to Date (Incl.Our Ins: $802.90 for the car rental our insured rented. Please send check Deduct) directly to our insured at the address on the P/R, as she does not have this kind of coverage on her policy. Thank you. A review of the facts of the loss indicates that our insured is entitled to recover damages from you. Therefore, we have the right to make claim for these damages in our insured's behalf. This letter is to notify you of our subrogation rights and to advise you that no one has authority to give you a release for our interest except a representative of this Company. If you carried liability insurance to protect you for such losses, we shall present our claim to your Company. Please complete the following information and return to us. Insurance Company Name: Policy No. Address Name and address of Agent or Adjuster If you are not insured, please send us your-check for the amount .due. If you are unable to fulfill this obligation, please contact the undersigned immediately. . Very truly yours,, Signed Janice F ' man SUBROGATION CLAIMS cc: file 23-03861-861601ST/200 PRINTEDINU.SA. QM WE ARE MEMBERS OF THE INTERCOMPANY ARBITRATION AGREEMENT PAGE ! FARMERS INSURANCE GROUP 1660 CHALLENGE DRIVE I i CONCORD , CA 9A524 ( 415 ) W27 -- 1186 A, 1 LOG NO 7693918 DATE 10/22/90 I CLAIM# B2040702 POLICY4 96- 125851812 I INSURED INGRID VECK'STf?O1'-1 CLAIMANT LOSS DATE 10/ 16/90 TYPE OF LOSS COL /F INSP DATE 10/ le/90 L°;;CATION A7.1USTER ,ai:sHN GEHRES COMPANY i 72 t_IC$� X !L':iaERa; VIN .J81Rtx5 '17©J �.�3 aC ENG/COLOR MILEAGE 0115: 0NEW PAR"( EC-QUAL. REPL Pr'a(^`.°T EU=LIKE KIND & QUALITY E P SEE PX RPT P-CHECK I=RE PAIR/ALIGN/SUBLf T L-REFINISH N-ADDITIONAL LABOR OPERATION j TE-PART/PARTIAL REPLACE ET=LABOR/PARTIAL REPLACE IT-LABOR/PARTIAL REPAIR AA=APPEARANCE- ALLOWANCE ( P=RELATED PRIOR DAMAGE UP=UNRELATECS PRIOR DAMAGE I ' DECK LID LOCATED AT ALL.. CHEWY 1 -800•-255•- 2430 , LEFT TAILAMP AT ALL CHEWY , RT TAILAMP AT ALL CHEWY i �_ S i 1988 CHEVROLET SPECTRUM 4 DOOR SEDAN U 'i �D 653A F'Tt�;=, A,fA"'1::� "XY OPTIONS : TINTED GLASS HEATED REAR WINDOW POWER STEEPING TILT STEEPING WHEEL AIR CONDITIONING AUTOMATIC TRANSMISSION O `sbi MC DESCRIPTION MFC . FART NO. PRICE AJ% !-LOURS P i I 288 DOOR SHELL , REAR RT REPAIR/ALIGN 3 . 0* 1 1 E 312 HINGE , RR DR UPR RT 94230393 GM PART 20 . 10 . 9 i I L 312 HINGE , RR DR UPR RT REFINISH . 3 I ;A 3e9 PANEL ,QUARTER LT REPAIR/ALIGN 4 . 0* 1 PRL °_,389 PANEL ,PUARTER LT REFINISH 2 . 2 4 Iwy hM sms;;f;39Q PANEL ,QUARTER RT QUALITY REPL . PART 180. 18 9 . 2 1 € .:,�,L.,, 90 PANEL ,QUA.RTER RT REFINISH 2 . 2 4 1'ta '14 PNL ,QUARTER INR RT QUALITY REPL . PART 170 . 26 6 . 5 1 I� E F412 PPIL ,WHLH5 INNER RT QUALITY REPL . PART 38 . 36 3 . 1 1 L 470 LID , RE DECK REFINISH 2 . 0 4 E EU 479 DECK LIWSSY LIKE , KIND & QUALITY 84 . 00* . 8 1 E 500 N/PLATE ,DECK LICA 94115208 GM FART 13 . 90 . 2 1 E 502 N/PLATE ,DECK LID 94125912 GM FART 6 . 55 . 2 1 { E 480 LOCK ,DECK LID 94106406 GM FART 10 . 15 . 2 1 I E 438 CYL ,DECK LID LOCK 94333290 GM PART 31 . 00 E 4490 HINGE ,DECK LIG LT 94464699 GM PART 30 . 00 . 2 1 L 490 HINGE ,DECK LIG LT REFINISH • 3 4 E 491 HINGE ,DECK LIG RT 94464698 GM PART 30 . 00 . 2 1 L 491 HI`NGE ,DECK LID RT REFINISH . 3 r4 E P482 W/STRIP ,DECK LID QUALITY REPL . PART 34 . 90 . 5 1 E P509 PANEL , REAR BODY QUALITY REPL , DART 60 . 89 5 . 1 1 L 509 PANEL , REAR BODY REFINISH 1 . 2 I E P514 EXTN ,RR LWR PANEL LT QUALITY REPL . PART 21 . 63 ! L. 514 EXTN , RR LWR PANEL. LT REFINISH . 3 �+ 23108 110 15501 0100 . . . ' | CHEVROLET SPECTRUM 4 DOOR SEDAN PAG[ 2 � CLAIM I 82049702 At LO600 7693919 DAT[ 10/22/90 | ' E P515 EXTN , RP LWR PANEL RT QUALITY REPL . PART 21 . 63 1 ' L 616 EXTN , kR LNR PANEL RT REFINISH ^ 0 � i E 522 EXTW , RR FINISH PNL RT 844065G7 GN PART 8 . 30 2 . 6 � !' ^ 2 �E 5�5 LAMP LICENSE LT Q� 1OQ1G� GN PART 1� QO ' ^ ' E 548 LANP , LIC6NSE RT 94109164 8N PART 14 . 90 . 2 1 ! [C 565 BUMPER , REAR PUALITY PEPL , PART 98 . 004' , 8 { | EC 572 01 COVER , PR BUMPER QUALITY REPL . PART 114100* � | | L 372 COVER , RR DUMPER REFINISH 2 , 5 � / E P553 RET ^ RR GNPR CVR LWR LT QUALITY REPL . PART iO . 35 1 | E P554 RET' RR BMPR CVR LWR RT QUALITY PEPL . PART 10 , 35 1 '| | E 555 QET ^ RR BNPR CVR UPR LT 94401581 GN PART 8 . 60 1 E 558 RET , RR BMPR CVP UPR PT 84401580 GM PART s . 60 i P563 ABS . REAR -ENERGY LT QUALITY REPL , PART 72 . 27 ! AGS , REAR ENERGY RT QUALITY REPL , PART 72 . 27 1 G2 FZLLER , RR BUMPER QUALITY REPL . PART 17 . 3s 1 | EU' 533 TAILL4NP ASSN' LT LIKE , KIND & QUALITY 62 . 00* 1 | EU 534 TAILLAMP ASSY RT LIKE , KIND & QUALITY 62 . 00* ) L N01 ' CLEAR COAT REFINISH 3 .4*,'L NO2 TWO TONE PAINT REFINISH ' 6*4 E N07 PINSTRIPES-TAPE NEW PART 16 . 00* . 5* � | I REKEY LOCK SUBLET 25 . 00* � I TRUNK FLOOR REPAIR/ALIGN 3 . 0* 1 | I SET UP FRAME REPAIR/ALIGN 2 . 03 I PULL SQUARE REPAIR/ALIGN 6 , 0*3 � L BLEND AND MATCH REFINISH 1 , 0*4 ` L REFINISH TRUNK FLOOR REFINISH 1 . 0*4 | | ' | 60 ITEMS \ | ` MC MESSAGE � ' Oi CALL DEALER FOR EXACT PART # REQUIRED | ' FINAL CALCULATIONS & ENTRIES | GROSS PARTS 213 . 20 � OTHER PARTS 1 , 178 .44 | PAINT MATERIAL 350 . 00 �* | � PARTS TOTAL 1 , 741 , 64 � TAX ON PARTS & MATERIAL 7 . 250% 126 . 27 � LABOR RATE REPLACE HRS REPAIR HRS ^ 1 -SHEET METAL 4G ^ D0 31 .4 10 . 0 1 , 904 .40 J � 2-MECH/ELEC 48 . 00 | O 3G8 OO 3 -FRAME �� . 00 8 . . | - ! 4-REFINISH 48 . 01 17 .6 808. 60 i 5-PAINT MATERIAL 2O . 0O ' � LABOR TOTAL 3 , 082 . 00 | TAX ON LABOR | 1 SUBLET REPAIRS 25 . 00 / TOWING & STORAGE 155. 00 ,O112� � GROSS TOTAL 6 , \ LESS : DEDUCTIBLE 1 , 008. 00- | | | NET TOTAL 4 ^ 129 . 81 / | | ADP AUDATEx Al U CO LOG 789391Q DATE i0/22/yO 17 : 20 : 49 042 | � � ' | PX�: YY/O1 /U1 /O1 /OO CUM : 19/ 13 / 13/00 NSU | e10w81101401 01100 | / 00 `�®^ �q� M LI RADIO ❑CASH(NO CHECKS) 5 lJJ YIO L-1NEWSPAPER ❑DEALER _.. . _ -- — --- — ❑ SIGN P.O.# ---- ION ❑ YELLOW PAGES ❑COMMERCIAL -�� NA 1075 BOULEVARD WAY ❑ REFERRAL INSURANCE 2►r WALNUT CREEK, CA 94595 ❑REPEAT CLAIM NO. A SS (415) 934-7493 ESTIMATE AMOUNT {`_ -T-- Ac__ -- BAR 0 AK65900 ITY/ TATE/ CODE _ &_ ADD�i�ONAI DATE TOTAL p+q T❑ VNRIAL AMT. 1/i )I AUTHORIZED PHONE❑ __ AMOUNT HOME PHONE I ItSHO E ESTIMATED BY W� EN BY TOTAL D C> MAKE/MOD J1% LICENSE NO. ODOMETER READING DEALER STOCK NO. V.I.N.NO. DA WANTED L, 0/ 1 t 1 91 AMEL ❑MIRATHANE ❑ULTRATHANE ❑OTHER ADDITIONALS PRICE COLOR,NUMBER AND MATERIAL LABOR ❑METALLIC DESCRIPTION O STARBURST T PAINTING ❑SEALER j TOUCH-UP ❑CLEAR COAT L I HAZARDOUS WASTE DOOR JAMBS EXTRA PREP WHEELS ❑HOOD OR TRUNK -- C4 t ❑TWO TONE ❑MATCH COLOR 1 By/N c�'�'06'c✓ • El VINYL TOP RENEWAL �� , , ❑PICK UP&PANELS D N C p /j( ADDITIONALS TOTAL TOTAL PAINT LABOR SUB TOTAL TOTAL MATERIAL .BODY,W, CIRK" ALL RUST REPAIR IS DONE COSMETICALLY.DUE TO CLIMATIC CONDITI*Sf TOTAL PAINT RUST MAY REAPPEAR AT ANY TIME. REPAIRS MAY BE DELAYED DUE TO PARTS AND MATERIALS BACKORDERS �. �.21 a LABOR&MATERIAL AND QUALITY ASSURANCE.PARTS PRICES SUBJECT TO DEALER INVOICE. •CODE N-NEW U-USED E-EXCHANGE A-AFTERMARKET A PART NUMBER OR DESCRIPTION SUBLET PARTS MATERIAL LABOR M. _ P _ L g- - a MI O'.1 S --- -�1 � yid f E S LvPiQ. e / tIR.. ,k — ,& C Ykt 4 4 . s Pre{^ ou k AM-rove.^ e4 e Kr -r,0,,jj4 Bc✓ n c. S'c v TOTALS G7 TOTAL B LABOR AND RIALS HOURS OF LABOR Vt @$ PER HOUR=$ 7 TOTAL BJW LABOR WE RECOMMEND THE FOLLOWING REPAIRS/SERVICES: NO ORAL OR 1 LI--------rNTATIONS ARE MADE TOTAL TAXABLE PERTAINING TO REPAIRS OR WARRANTIES SALES authorize the repair work to be done along with the necessary materiala.Some Items to complete the repairs may be sublet.You and SALES TAX 2. your employees may operate vehicle for purposes of testing,inspec- tion or delivery at my risk.An express mechanic's lien Is acknowl- s 3 edged on vehicle to secure the amount of repairs thereto.You will not be held responsible for appearance due to previous repairs,loss or LESS damage to vehicle or articles left In the vehile,fire,thet.accident or 4. any other cause beyond your control.Not responsible f h ni DEPOS fallure. '/ BALANCE No. ME N? 25.8. 09 WC SIGNATURE X ✓r �� N�`H'J' DUE FORM 3128188 SEE REVERSE SIDE FOR YOUR GUARANTEE AND INSTRUCTIONS ON THE CARE OF YOUR MIRACLE FINISH OFFICE COPY LI U CSL uUIVIrL 1:I CU n Y LIVJUnr-rINUC . F D.I. 20 55 1 i— ` yy SUB NO SUB CLAIM� REPRESENTATIVE: I I I I INSURE®'S S 12219 PAYMENT FARMERS INSURANCE GROUP OF COMPANIES AUTHORIZATION INSURED TE OF LOSS SALN CR.I.D.# /� POLICY NUMBER C MPKEPRESENTATIVE SIGNATURE DATE PART I INSTRUCTIONS TO POLICYHOLDER A) Present this form and our estimate to the repair shop. B) You must authorize repair. When repairs have been completed and you have inspected your vehicle, sign this form below. C) Your signature indicates the repairs are acceptable and you authorize the amount shown to be paid direct to the repair facility. / 1 have inspected my vehicle and repairs are complete. I authorize the Company to pay $ ��' to this repair shop on my behalf. TOTAL REPAIR COST $ ` -2— ` DEDUCTIBLE AMOUNT $ �— INSURED'S SIGNATUR Ylm Gf ' 14 c,1W DATE PART 11 \ ---- INSTRUCTION TO REPAIR SHOP A) If you have any questions about the estimate, contact the Farmers Representative. B) Any deviation from the original estimate amount must be approved in advance. C) Please complete this section. SH P N P HONE NU ER _ SWOP MAN ERJOWN r �Z"W1 , S PAD ESS _ :. CITY _ _._ c STATE_ — ZIP CODE Federal Social _ - Shop Incorporated? s ❑ No -- Tax-# - Ck--6 3' Security Tax #- D)..., Date-repairs-startedy-R��y _ -Date-repairs:completed; Return to.us.you itemized.repair invoice, together with this original,,signed.document to Farmers.Insurarice Group of._Companies — _ f CONCORD BRANCH CLAIMS OFFICE _ 1660 CHALLENGE DRIVE P.O.BOX 4035 IV 0 V no n 19 a,0 CONCORD,CA 94524 r __ 415-827-1186 - -- - CONCORD ;�. THIS IS I I ALTERED . 231008 6-89 12001 W1500 C/3000 CLAIMS CHECK _/A SALLA: p �" INSURED: PAYMENT FOR: ❑ INJURY LIABILITY D INJURY MEDICAL MATERIAL DAMAGE El OTHER DAMAGE ❑ PROPERTY IS PAYEES IS PAYMENT El YES IF PYMT. IS FOR MID, PD, OR 1M ,P "iS�PAYMENT El yAPPLIES TO: 0 LOSS OF USE INCORPORATED?: M NO ADDIT'L,/SUPPL,?: NO NEED CR. NAME_ ASSOCIATED? 0 0 WAIVE UM DED. {r/OT USE C!}'- 0 COLL PLUS 0 AUTO RENTAL CLAIMANT'S NAME: REIMBURSEMENT SPL EQUIR,C8.ETC�) TYPE OF PROPERTY LOSS; El BUILDING El ALE 0 CONTENTS D OTHER 0 D PAYE t(S)7NAME(S) PAYEE(S)NAME(S) F!' NUM-11 A-STREET- CITY STATE ZIP CODE AMT60F$ FIELD TOTAL CASH OWNER ��q El PARTIAL 0 HANDL CHECK: FINAL LOSS F IN LIEU El RETAINED SALVAGE CAT SHOP EMPLOYER ID #OR b� RrEIN (CHECK ONE) \co _��__� CODE SOCIAL SECURITY # F-1 ss# �rsus El NO SUB INSTRUCTIONS: REQUESTE APPROVED BY: DATE REQUESTED IF REQUIRED ISSUED BY:� RETRIEVED BY: Pleasanton Regional Office Check Number 6010001333 Date PAY V0dVOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID 12/07/90 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID TO MIRACLE AUTO PAINTING Amount $4,129.91*e**** the 1075 BOULEVARD WY of order 'WALNUT CREEK, CA 94596 U RADIO 0 CASH(NO CHECKS) 0 NEWSPAPER LJ DEALER WC j "25898 DAT �U==7 Ll SIGN P.O.0 E El YELLOW PAGES 11 MIERCIAL "�A ❑ 0 U 1075 BOULEVARD WAY > C0510MER NAME EFERRAL CMINSURANCE WALNUT CREEK, CA 94595 EPEAT CLAIM NO AD RES (415) 934-7493 ESTIMATE AMOUNT BAR AK65900 Ce A7 ADDITIONAL DATE TOTAL OIRECT[:1 INITIAL AMT. C I STAUTHORIZED r , ZIPCC�%A AMOUNT I PHONE 0 HO WRITTEN BY REVISED _PPHONE BUSINESS PHONE EWIMATf.D BY 0&. TOTAL 3 MAKE/MODEL LICENSE NO. ODOMETER READING DEALER STOCK NO. I 1 0 a I WOU C7jWlklkjlel� Lj LINAIVItL U M.IRATHANE OULTRATHANE E]OTHER MATERIAL LABOR AODMONALS PRICE COLOR NUMBER AND 1 METALLIC DESCRIPTION 0 STARBURST PAINTING 0 SEALER A, TOUCH-UP EICLEAR COATHAZARDOUS WASTE &fili — 0 DOOR JAMBS r EXTRA PREP On El WHEELS XV 7 0 HOOD OR TRUNK Ej TWO TONE 0 MATCH COLOR El VINYL TOP RENEWAL 0 PICK UP&PANELS ADDITIONALS TOTAL TOTAL PAINT LABOR SUB TOTAL TOTAL MATERIAL ALL RUST REPAIR IS DONE COSMETICALLY.DUE.TO,CLIMATIC CONDITIONS, RUST MAY REAPPEAR AT ANY TIME. . . . TOTAL PAINT REPAIRS MAY BE DELAYED DUE TO PARTS AND MATERIALS BACKORDERS LABOR&MATERIAL AND QUALITY T ASSURANCE.PARTS PRICES SUBJECT TO DEALER INVOICE. CODE N-NEW U=USED E-EXCHANGE A=AFTERMARKET All j PART NUMBER OR DESCRIPTION SUBLET PARTS MATERIAL LABOR X 004r 4-A �rw.. r Ir" xiX_ 7�tuxf k- P zu `21 p f TOTALS 00 Poo* 4:3--TOTAL LABOR AND MATERIALS -S�Cff.-— I HOURS OF LABOR $ 116 PER HOUR-$ TOTAL BIW LABOR 0 - WE RECOMMEND THE FOLLOWING REPAIRS/SERVICES: - NO ORAL OR IMPLIED REPRESENTATIONS ARE MADE TOTAL TAXABLE PERTAINING TO REPAIRS OR WARRANTIES SALES 1 authorizi the repair work to be done along with the necessary LES TAX • =9.Some Items to complete the repairs may be sublet.You and SA 2. yourorngognob may operate vehicle for pur a"of testing,Inspac' [on 11 at my risk.An express mec anic's lien Is acknowl. edcrdonvehicleto secure the amount of repairs thereto.3. behold res"nsible for appearance due to previous loss or damage to vehicle or articles left In the vehicle,111" LESS h accident or I;w SC6 4. an other cause beyond your control.Not responsiblemechanical DEPOSIT BALANCE No. N? USTOMAU25898 WC CLSIGNATER% X DUE FORM 312 8/88. SEE REVERSE SIDE FOR YOUR GUARANTEE AND INSTRUC71ONSON THE CARE OF YOUR MIRACLE FINISH OFFICE COPY tttuUGb I t•VK CLAIMS CHECK SALN: ,/� -' `> `f INSURED: PAYMENT FOR: D INJURY LIABILITY ❑INJURY MEDICAL MATERIAL DAMAGE ~D OTHER DAMAGE D PROPERT IS 1099 M YES IS PAYMENT LJ PYMT•IS FOR PD, COMP., IS PAYMENT DYES O LM Ta -- REQUIRED?: -- D NO -ADDirLJSUPPL.r- NO—.--,NEED CR..NAM ASSOCIATED? `5-No o WAK UM OM �� _.__.. _n_COLL-KLa_._ a^MlwAL CLAIMANTS NAME: , F" T TYPE OF PROPERTY I= D 13UILDWO D ALE D CtXIMM D OTHER n VL ear.C&M CHEM(04 aVUR VO MMUM IIAer We be mod W Payee W001 k t t 1 f t J ! ! 1 1 • 1 • 1 1 1 t 1 1 i t H i i • i • ♦ i f a t R 1 i t i f t ! 4 R • 1 t 1 f • t I 1 t ! 1 1 J / / t i t t i f 1 1 1 1 / t I t 1 • i i 1 t , t' 1 PAYEEM NAMEM All t L i f i ♦ • t �.t tt f t i 1. 1 1 a s • 1 1 t l t s 1 1 • 1 1 • 1 • 1 1 • • 1 ix�. t i J i • t 1 1 ! HUMM ANA sT M 1 f 4 t 1 ; f t I 1 1 ! 1 • ! I 1 • Ili • • , { 1 Crit $TATE ?Di OM AMT.OF ( D FAF13 IELD TOTAL LIOWNER HANDLE CHECKID ND SALVAGE D No we REOUES ED �ESTEDr_, Pleasanton Regional office Check Number 6010001692 PAY VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID Date 01/14/91 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID To tile MIRACLE AUTO PAINTING Amount $738.23******** of r der 1075 BOULEVARD WY c WALNUT CREEK, CA 94598 fPAFFIC COLLISION REPOP SPECIAL CONDITIONS NO. INJ. H&R CITY JUDICIAL DISTRICT NO. EMEJlG, VIE-14, INV. g FELONY WALNUT CREEK WC MUNICIPAL KILLED H&R COUNTY REPORTING DISTRICT BLAT I AY REPORT 415�- MO, SD. CONTRA COSTA I 'UE. COLLISION OCCURRED ON O PRIVATE PROPERTY MO. DAY./�YR. TIME(2400) NCICa • OFFIC R I.D. - -^-1 Q 00712 r LOC. ❑ AT INTERSECTION WITH ❑ WET STATE HWY REL TOW AWAY PHOTOGRAPHS BY: ❑ OR: FEET/MILES OF 71 C VA LLI:_ 151 DRY o YES N I kES mN0 V NONE PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAF IP VEH.Y MAKE/MODEUCOLOR LICENSE NUMBER STATE_ og E SY D a MT R - F 1800 DRIVER NAME(LAST,FIRST,MIDDLE) 0 NER'SNAME ❑SAMEASDRNER KIU y �,J�i�. IS PEDESTRIA STREET ADDRESS OWNER'S ADDRESS ❑ SAME AS DRIVER ❑ S L o L -L)R20 30 0 , AAk IiJ S \N PARKED CITY STATE BIRTHDATE SEX RACE DISPOSITION OF VEHICLE ON ORDERS OF: ❑ OFFICER IIs DRIVER Ci OTHER VEHICLE Mo. oAr vR ❑ (-'A So - BICYCLIST HOME PHONE BUSINESS PHONE ❑ (y ) qco o (y1---)`3d-5soa PRIOR MECHANICAL DEFECTS: 9-NONE APPARENT ❑ REFER TO NARRATIVE OTHER INSURANCE CARRIER POLICY NUMBER VIOLATION CHAR --DMRIBEH IN 5XMXffff5-AAU- -0 N p LINK. ❑NONE a MINOR DIRF ON STREET HIWAY I� SPEED PCF K C ❑ .O ❑MOD. ❑MAJOR p TOTAL RAE STOt I ! R' ZS �I I CHIP ❑ PARTY DRIVER'S LICENSE NUMBER STATE CLASS E UIF V H.Y MAKE/MODE LOR LICENSE NUMBER STATE Q � 3 EV SPE 1 V M/BRCS I t04 DRIVER NAME(LAST,FIRST,MIDDLE) OWNER'S NAME C-SAME AS DRIVER PEDESTRIAt STREET ADDRESS OWNERS ADDRESS p-SAME AS DRIVER ❑ 155 ASE Ll�t.�t #3 PARKED CITY STATE ^' /�+� STTATE BIRTHDATE SEX `RA.CE, DISPOSITION OF VEHICLE ON ORDERS OF: ❑ OFFICER / DRIVER ❑ OTHER VEHICLE WALNUT, vU T LF- it"'A I�'o��`c��R f V v BICYCLIST HOME PHONE BUSINESS PHONE ❑ cy�g� 9 PRIOR MECHANICAL DEFECTS: p NONE APPARENT p REFER TO NARRATIVE c41S� _ �5 l — `-ISSCo OTHER INSURANCE CARRIER POLICY NUMBER VIOLATION CHARGED DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA O �- IVQ O LINK. ❑ NONE O MINOR 0 �DIIRR..OF ON STREET OR HIWAY SPEED PCF /� ICC O O MOD. @ MAJOR O TOTAL V V ! -LIMITVEL wA PUC ❑ CHP O PARTY DRIVER'S LICENSE NUMBER I STATE CLASS SAF ETY VEH.YR. MAKE/MODEUCOLOR LICENSE NUMBER STATE 3 EQUIP. DRIVER NAME(LAST,FIRST,MIDDLE) OWNER'S NAME []SAME ASORIVER__ O PEDESTR STREET ADDRESS OWNER'S ADDRESS p SAME AS DRIVER O c PARKED1 DISPOSITION OF VEHICLE ON ORDERS OF: ❑ OFFICER ❑ DRIVER p OTHER e VEHICLE Mo. oAY YF BICYCLIST HOME PHONE BUSINESS PHONE O PRIOR MECHANICAL DEFECTS: ❑ NONE APPARENT ❑ REFER TO NARRATIVE OTHER INSURANCE CARRIER POLICY NUMBER VIOLATION CHARGED DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA p p LINK. [:]NONE ❑MINOR IR.OF ON STREETOR HIWAY SPEED PCF ICC O OMOD. ❑MAJOR O TOTAL TRAVEL LIMIT PUC O CHID 1-1 —2) SKETCH TYPE COLL A-HEAD-ON B-SIDESWIPE C-REAREND D-BROADSIDE E.HIT OBJECT F.OVERTURNED "a C G-AUTO/PED. H-OTHER INDICATE OR SPECIAL COND 1.CITY PROP.INV. 2.MUNI LOT 8 LOT NO. , . ,,,� EMER;sEtilcY H IGLU 3.BICYCLE INV. 4.PEDESTRIAN INV. �f PCF \',A ENTER VC SECTION OR j� ,_S ISI1J1�� 'V t� U.UNKNOWN D-DRIVER ERROR CASE STATUS P.PENDING C-CLOSED S.SUSPENDED U.UNFOUNDED Ross m: o P.- fi'Kvm- CLOSED BY ID a COPIES TO: INDEXED Y• P- oa` ' 55bPQ.i(Rev.a89) .., +.. PAGE �- DAT[OV COLLISION v v TYE 12400 p NICK MAeEEa OF04CEA 1.0 1O DAY YEAR Q Ogw CA0071200 Nw.ER OWNIFfS NAME I ADDRESS PROPERTY rt na[D DAMAGE �Yu M o[uwrnoN of DAMAGE SEATING POSITION OCCUPANTS SAFETY EQUIPMENT M/G BICYCLE.HELMET EJECTED FROM VEH. I-DRIVER A-NONE IN VEHICLE L-AIR SAG DEPLOYED 0-NOT EJECTED ® 2 TO 6.PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7.STA.WGN.REAR C-LAP BELT USED N.OTHER V•NO 2-PARTIALLY EJECTED 0-RR OCC.TRK_OR VAN D-LAP BELT NOT USED P•NOT REOUIRED W-YES 6• •UNKNOWN POSITION UNKNOWN E.SHOULDER HARNESS USED I 2 3 0-OTHER F•SHOULDER HARNESS NOT USED CHILD RFSTRa((ff PASSENGER 4 S 6 G-LAP/SHOULDER HARNESS USED Q•IN VEHICLE USED X-No H.LAP/SHOULDER HARNESS NOT USED - IN VEHICLE NOT USED Y-YES J•PASSIVE RESTRAINT USED B•IN VEHICLE USE UNKNOWN K•PASSIVE RESTRAINT NOT USED T-M VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK I')SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICESTYPE OF VEHICLE t 2 3 MOVEMENT PROCEDING U 1 2 3 ST NUMBER(a)OF PARTY AT FAULT S A vC 5 GTNO�N7 VIOLATED: `380 A CONTROLS FUNCTIONING A PASSENGER CAR/STA WGN. COLLISION /D1 u C- No B CONTROLS NOT FUNCTIONING• B PASSENGER CAR W/TRAILER A STOPPED 0 B OTHER IMPROPER DRIVING• C CONTROLS OBSCURED C MOTORCYCLE I SCOOTER B PROCEEDING STRAIGHT D NO CONTROLS PRESENT/FACTOR- D PICKUP OR PANEL TRUCK C RAN OFF ROAD C OTHER THAN pRIYER TYPE OF COLLISION E PICKUP/PANEL TRK W/TLR D MAKING RIGHT TURN D UNKNOWN' I A HEAD-ON F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN 6 E FELL ASLEEP' B SIDESWIPE G TRK/TRK TRACTOR W/TLR. F MAKING U TURN C REAR ENO H SCHOOL BUS G BACKING WEATHER MARK t TO 2 ITEMS D BROADSIDE I OTHER BUS H SLOWING/STOPPING A CLEAR E HT OBJECT J EMERGENCY VEHICLE I PASSING OTHER VEHICLE B CLOUDY F OVERTURNED K HWY.CONST.EQUIPMENT J CHANGING LANES C RAINING G VEHICLE I PEDESTRIAN L BICYCLE K PARKING MANUEVER D SHOWING H OTHER': MOTHER VEHICLE L ENTERING TRAFFIC E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN M OTHER UNSAFE TURNING F OTHER•: A NONCOLUSION O MOPED N XING INTO OPPOSING LANE G wIND B PEDESTRIAN 1 Q PARKED LIGHTING C OTHER MOTOR VEHICLE P MERGING A DAYLIGHT D MOTOR VER.ON OTHER ROADWAY OTHER ASSOCIATED FACTOR Q TRAVELING WRONG WAY B DUSK-DAWN E PARKED MOTOR VEHICLE (MARK t TO 2 ITEMS) R OTHER:• C DARK.STREET LIGHTS F TRAIN A vc s[cnON YauTxw. CITED D DARK.NO STREET LIGHTSG'81CVCLE OYEs E DARK- STREET LIGHTS NOT H O� ANIMAL: B vc tacnoN vau1K»c utEO FUNCTIONING* OY[s ROADWAY SURFACE SOBRIETY-0RUG I FIXED OBJECT: C vC SECTION pur": Cmp PHYSICAL A DRY OYEs (MARK/TO 2IT AIS) B WET Y J OTHER OBJECT: ONO A HAD NOT BEEN DRINKING C SNOWY-IC D B HBO.UNDER INFLUENCE D SLIPPERY(MUDDY,OILY.ETC..) E VISION OBSCUREMENT: TC HBO•NOT UNDER INFLU.• F INATTENTION' ROADWAY CONDITIONS G STOP E O TRAFFIC D HMD.IMPAIRMENT UNK• (MARK 1 TO 21TEMS) PEDESTRIANS ACTION E UNDER DRUG INFLU.• A NO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP F IMPAIRMENT•PHYSICAL' I PREVIOUS COLLISION A HOL€S,DEEP RUTS' CROSSING IN CROSSWALK G IMPAIRMENT NOT KNOWN B LOOSE MATERIAL ON RDWY.- B AT INTERSECTION J UNFAMILIAR WITH ROAD K DEFECTIVE VEK EOUIP.: alto H NOT APPLICABLE C OBSTRUCTION ON ROADWAY' C CROSSING W CHOSSWALK•NOT OYES I SLEEPY/FATIGUED D CONSTRUCTION-REPAIR ZONE AT WTERSECTION Osdo SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLEA HAZARDOUS MATERIAL F FLOODED' E IN ROAD-INCLUDES SHOULDER MOTHER':je)Ar=?�rl C G OTHER% F NOT IN ROAD N NONE APPARENT H NO UNUSUAL CONDITIONS G APPROACH I LEAVING SCHOOL BUS 0 RUNAWAY VEHICLE M\l T OK S DI`{ /17 0920 PrSl NEAP, '11ca ,r f ols:l(o •Q I L HAD--- i TO A 1`JI I at'13 C AIT 42 L �I P ( R NAM I.D.NUMBER MO, DAY YR. REVIEWED BY: O DAY YR 7 I NARRATIVE/ SUPPLEMENTA,, WALNUT CREEK, CON...A COSTA PAG DATE OF ORIGINAL INCIDENT TIME (2400) NCIC NUMBER CLASSIFICATION n 0 CASE J1 (� MO. 'O DAY t(L9 YR.90 � O 00712 RECLASS-CLASSIFICATION q0`2-777 CASE UNFOUND PENDING NARRATIVE SUPPLEMENTAL STATUS ❑SUSPENDED ® CLOSED Z --I - 1 T Rc -V- 2. N nLl� U- I' W4 I 4. U f "� A�� . om M 0 6t Ni c; JA(° 1K 9. ELM uE: a n - 14. 1 CJ 1- 7 GAJ N 15. 1 .� r� Ir..l a. N (11 bNe L4Nc- ,5. SA- a 17. t`4 , u ePA -1D - Gm- Sig 18. � 19. w. 20. LaL c. .. �IUNNA�t_y i R1 or V 21. jS A f1 k<--LiU--NA 23. WULD \J1.W.7 N G.N — G�s -a- t�j f 24. �,JTOa AnE I✓t� (J k 25. V JNUMMAU.4CN0\cys Sur To 28. O '{. C-m IMP 27. Ar SAULT, 30. ' 11'1CAS t- 31. 32. 33. 34. 35. .'. PR�ER NAME I.D.NUMBER MO. DAY YR. REVIEWER'S NAME MO. DAY YR. aar !0-1 -40 555•Pg.4 (Rev.4/89) i = . .JUHE-D / WITNESSES It PAS, 4GERS PAGE ' IN OATt OF CqL C NUMBER OFFICER I.D. NUMBER o CA 0071200 aQ;L\ EXTENT OF INJURY ("X" ONE) INJURED WAS "X" ONE) PARTY SEAT SAFETY ECTED V"TNESS, PASSENGER AGE SEX NUMBER POS. EOU(P. ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAI DRIVER PASS. PED. BICYCLIST OTHER 'ILE;m I __L""URY P I E I LAZ � ^ °""^"°° (INJURED ONLY)TRANSMRTED BY: TAKEN TO: DESCRIBE INJURIES ADDRESS (INJURED ONLY)TRANSPORTED BY: DESCRIBE INJURIES o MAI El FELEPHONE ` ADDRESS (INJURED ONLY)TRANSPORTED BY: -'TAKEN TO: DESCRIBE INJURIES ADDRESS (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES c3sl El ADDRESS (INJURED ONLY)TRANSMRTED BY: TAKEN TO: DESCRIBE INJURIES ADDRESS (INJURED ONLY)TRANSPORT0 BY: MEN TO: DESCRIBE INJURIES � ` ^ � r s F v��i`B'�'` �, ` / � S•A� .a. :.ya,'tip! !4 $ W ' 5" r.� ra•�'`�4 x t;�a e x j�i } i�� ? r Z dt t �:. � •'.§�' � r,�; EW ,:. t S ,� r� "$ASF .^ �3s� , �� i� i ''�,Y✓* 1A, a �x W/I x w x w, t �r— �t it tt ^ % " - - '^ -Dr It ENTERPRISE RENT-A-CW-. FINE STREEI WALNUT CREEK LCA 94596 .7; , RENTAL 0 YEAR 0 RENTER MILES a Nf) CHARGE L�4 STARf CHARGES IF OIFFCRENr ADDRESS HOME PHONE OFFICE PHONE CITY STATE Z," COLOR LICENSE No. LOCAL ADORES S PHONE WHITE MOP033 CALENDAR DAY Tj,,I,*A Kfi, 0 ITil DRIVER'S LICENSE STATE EXPIRES HOURS a N9251LO-34 /28/92 1 IN ()DO HEIGHT WCIGHT EYES HAIR YS j, OUT SOCIAL SECURITY N EMPLOYE�I DRIVEN 552--6-14--5)5 DCOMPANY OUT 14 -BILL TO CITY STATE ZIP ITPHONE EXT. CjFri�OS PA A RENTER ACCEPTS RENTER RENTER REQUE IS PARTIAL DANIAGE wall -VOI:FL COVERS� RENTER DECLINES RENTER RE U STS PERSONAL ACCIDENT INSUP. RENTER E % `14 3A 1A 7/6 REQUEST FOR kgaMtSION FOR PERSON OTHER THAN RENTER TO DRIVE. NOT VALID UNLESS APPROVED BY ENTERPRISE'S REPRESENTATIVE I request Enterprise's permlln,,on to allow AGE LICENSE NO. 0 STTATE ' EXP. TAX OR SURCHARGE AD I 1 .95/GALLON &!�X�REN ER ENTERPRISE'S REP TMISSION GRANTED FOR VEHICLE TO LEAVE THE STATE. IN STATES AUTH BY i.,,AGE. OUT ENTEAPRISE'S REP TOTAL CHARGES CONDITION OUT IN A LESS: REFUNDABLE EXPENSES R.R. OR/FDA NEI R.F. DR/FDR; NET AMOUNT LF. DRIFDR T DATE DEPOSITS HOOD/GLASS 14 / REFUND x 1190 0 111 REP x 58686 flit WHL COVERS DATE ORiGAMOUNT PA777 DAIE PAID SED BY _F ADDT'L CASH CHECK CR.CAREL I C11 RETURN I T To EXT. ADOT,L RECEIPT FOR CASH REFUND TO DEP 'DATE AMOUNT EXT. ADDT'L RECEIVE.. �x ADIT'17�� 1� CL N INSD LOSS DATE THEFT____,ACCIDl5?1T__ PHONE NAME R-PAIR SHOP TYPE CAR AUDITOR'S COPY FCN AMENDED CLAIM f �f .:* 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 MARCH 5, 1991 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: Undetermined Section 913 and 915.4. Please note all "WarnitgV1fi1V6D CLAIMANT: BROCK, Janet E. FEB NG 1991 ATTORNEY: Gerald R. COX COUNTY COUNSEL MARTINEZ, CALIF. Attorney at Law Date received ADDRESS: 2000 Helsinki Way BY DELIVERY TO CLERK ON February 19 ,1991 Livermore, CA 94550 BY MAIL POSTMARKED: February 20 ,1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 26, 1991 gy1L BeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of S %-visors ) 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: ;Z r. j 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. tp q Date1991 d; MAR 5 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. 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. �t Dated: MAR—6 19919BY: PHIL BATCHELOR by �eputy Clerk CC: County Counsel County Administrator 1 Y INS o RECEIVED FEB 2 01991 Gerald R. Cox CLERK BOARD OF SUPERVISORS Attorney for Claimant CONTRA COSTA CO. 2000 Helsinki Way Livermore, CA 94550 CLAIMANT Janet E. Brock 260 American Canyon Road, Space 53 American Canyon, CA 94589 Re: Claim of Janet E. Brock, Against Contra Costa County Board of Supervisors (Sheriff's Depart- ment), For Damage to Claimant's Automobile, Arising From Traffic Collision, 12/29/90 Gerald R. Cox, Attorney at Law M• 2000 Helsinki Way, Livermore, CA 94550 (415) 447-1947 February 15, 1991 (Amending the Claim Dated February 2, 1991) To: Clerk, Contra Costa County Board of Supervisors Re: Claim for Damage to Claimant's Automobile, Arising From Traffic Collision, Proxi- mately Caused by Sheriff's Officers, 12/29/90 This claim is presented pursuant to Government Code Section 0910. This is an amended claim, superseding the claim previously presented, dated February 2, 1991. The amendment deletes reference to personal injury, as such injury presently appears insignificant and the amount attributable thereto cannot be determined. 1. The claimant's name and address are as follows: Janet E. Brock, 260 American Canyon Road, Space 53, American Canyon, CA 94589. 2. The name and address of the person to whom notices or responses are to be sent are as follows: Gerald R. Cox, Attorney at Law, 2000 Helsinki Way, Livermore, CA 94550. 3. On December 29, 1990, at approximately 11:00 pm, claimant received property damage while driving her 1984 Mercury Lynx, west-bound in. the inside lane on San Pablo Dam Road, in the E1 Sobrante area, near the Amador intersection. Claimant's vehicle, while slowing for the traffic signal at Amador, was struck on the passenger's side by a 1978 Chevrolet Monte Carlo, driven by an unknown driver, who was being pursued by off- icers of the CCC Sheriff's Department, in an official vehicle and while on duty, travel- ing at an estimated 55 to 60 MPH, where the posted speed limit was 35 MPH. The driver of the Monte Carlo did not slow or stop following the collision. 4. Claimant's property damage was extensive, as indicated in Paragraph 6, below. In the Traffic -Collision Report (copy attached), prepared by CHP Officer M. Kendall, it is shown that the cause of the collision involved two violations of the California Vehicle Code: Section 21658a, concerning unsafe changing of lanes; and Section 22350, concerning excessive speed. Claimant asserts that the collision was proximately caused by the sheriff's officers operating their official vehicle at excessive speed while in pursuit of the Monte Carlo which, in turn, forced that driver to operate the Monte Carlo unsafely. California Vehicle Code -Section 17001 provides that a public entity is liable for property damage proximately caused by a negligent or wrongful act or omission in operation of any motor vehicle by an employee of the public entity acting within the scope of.his or her employment. 5. The names of the two sheriff's officers involved in the incident are: K. Daley, #40863; and D. England, #39130 (per attached Traffic Collision Report) . 6.. The amount of the property damage claimer is as follows: $1,954.76, the low- est of three estimates to repair claimant's vehicle, as shown in the copies attached. Gerald R. Cox, Attorney for Claimant Attachments: Traffic Collision Report (by CHP officer"Kendall) Copies of three'estimates for repair of cliamant's auto sl TRAFFIC COLLISION REPORT PAGE OF SPi ORIONB NWSER WT A RUH CITY JUDICIAL OISTFOCT LOCAL REPORTULMSHR INJURED FELONY ��N ❑5 P��y 6 c o r. T B BEAT 90 — I S'7ANUMBER HITER COUNTY KILLED Co&'-rwN COLLISION OCCURRED ON MO. DAY YEAR TIME("0" NCIC I OFFICER L D. z X13 P Lo ?Jvv1-- -'------------------------- 1 i�. °l i`� 3D a�/< �l 9 7 o ----------------o Z MILEPOST INFORMATION DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: f a SMTWTF YEB U FEET/MILES OF ❑ , J T INTERSECTION WYTH A.+Y` o R STATE HWY REL_ - 00n• FEET/MILES 'Of ❑— 9NO NONH PARTY DRIVER'S LICENSE NUMBER BTAit CLASS SAFETY YEN.YEAR IMODEL/COLOR LICENSE NUMBER STATE �ti v EQUIP. (!14 v;t &c�} DRIVER NAME(FIRST,MIDDLE,LAST) ' NKrio CU PEDES-TRIAN STREET ADDRESS OWNERS NAME ❑SAME AS DRIVER ❑ Y-PJI 0 Lo N PARKED CITY I STATE ZJ OWNER'S ADDRESS ❑SAME AS DRIVER VEHICLE ❑ IN No u)N BICY• SEX HAIR EYES HEIGHT WEIGHT DIRTHDATE RACK DISPOSITION OPYENCLE ON ORDERS OP �bFFICER ❑DRIVER OTHER OUST MO. I DAY YEAR E] WNv• S-O'l 16 OTHER /HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT F] REFER TO NARRATIVES El \ J I \ CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER J I POLICY NUMBER ❑UM L ❑NONE ❑MINOR .j ❑NOD. ❑MAJOR ❑TOTAL DIR.OF IONMEIETOR?QGKWAY SPEED PCF ICC❑ TRAVEL LIMIT PUCQ CMP PARTY DRIVER'SUCENSENWBER STATE CLA58 SAFETY VEK YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE 25o5P.6.A CAI P. (CA, DRIVER NAME(FIRST,MIDDLE,LAST) .. PEDES- STREET ADDRESS OWNERS NAME SAME AS DRIVER D y3so cf6-y ) PARKED CITY/STATE/ZIP f OWNERS ADDRESS IT SAME AS DRIVER VEHICLE �IX 11 ❑ /(—',q q yYt13 BIC Y- SEX HAIR EYES HEIGHT WEIGHT BIRTTIDATE RACE DISPOSITION OF VEIOCLE ON ORDERS Of; ❑OFFICER [KORIVER []OTHER CUST NI MO. DAY YEAR ❑ T-•- IV g cC 5- /� c5 s3 W OTHER HOME PHONE BUSINESS PHONE E] 3 3 3 3 PRIOR MECHANICAL DEFECTS: NONE APPARENT® REFER TO NARRATIVE❑ CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER POLICY NUMBER ❑UNK. 1:1 NONE 1:11AMOR 13*0D. ❑KAIOR ❑TOTAL . DIF.OF ION STREET OR HIGHWAY SPEED PCF ICC❑ TRAV L ' t^� '//T(� UNIT PUC . W D J�lY� VlT CHP❑ PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEK YEAR IMAX@/MODEL/COLOA �1 KEf�sEN E STATE 3 EQUIP. Iry /��J /^��I u U-a 1 iL Di`NAME (FIRST,MIDDLE,LAST) 'I I' 00 •� Rl E IT • PEDESTREETADDRESS OWNER'9-A llI'l r,L� D y p' { , DPo f , •�iTRIANI,.`.JI;} ❑ `) F I PARKED CRY I STATE I ZIP OWNER'S ADDRESS SAME A9 DRIVER V EHKLE ❑ - IlD BICY• SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE gSPOSITION OPV LE '}�ry'pj}IER CLIST MO. DAY I YEAR u OTHER HOME PHONE BUSINESS PHONE PRIORMECHAN.4 C"p q C�S: E EM� REFER TQ NARRATIVE❑ ❑ ( ) ( ) CHP USE ONLY v h .I 9',,iQLJC,yN�,' P,',RTiJi Ei I ADEIN DAMAGED AREA VEHICLE TY PE INSURANCE CARRIER POUCYNLMSER ❑UNK- 1:1 NONE ❑MINOR ❑MOD: OMAJOR ❑TOTAL DIR.OF ON STREET 0A HIGHWAY I SPEED JPCF ICC❑ , TRAVEL LIMIT FUC0 , CHP[] L--j IP"EPA1118 55 NAME" DISPATCH NOTIFIED REVIEWER'5 NAME ` ] DATE AEVIEWED Q Cn>D1 L' SES ❑ NO ❑ NIA /�1�� Z Q ' I� / l CHP 555 PAGE T (Rev 188) OPI 042 I P n - ��I e � r 88 413667 �Y LLISION CODING T06{2w) huc WMER L D NL#IIIER - A349 all?// DAY YES NOTIFIED j pmMgyT{ MfE/ADDRESS IvryIvryNN 0 YES11!M 'MACE DESCRIPTION OF DAMAGE SEATING POSITION SAFETY EQUIPMENT /G BI EJECTED FROM VEHICLE M -Y BICYCLE. LUFT L-ASR BAG DEPLOYED D-NOT EJECTED A-NONE IN VEHICLE M:AIR BAG NOT DEPLOYED DRIVER 1-FULLY EJECTED B-UNKNOWN N-OTHER V_04O 2-PARTIALLY EJECTED C-LAP BELT USED P-NOTREOUIRED W-YES 3-UNKNOWN 1-DRIVER D-LAP BELT NOT USED 1 2 3 2 TO 8-PASSENGERS E-SHOULDER HARNESS USED C)g)�ftESTRAINi PASSENGER 4 5 6 7-STATION WAGON REAR F-SHOULDER HARNESS NOT USED X-NO O-IN VEHICLE USED 8-POSITION OCC.TRK OR VAI. G-LAP/SHOULDER HARNESS USED Y-YES H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED D-POSITION UNKNOWN J-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOVQ1 7 D-OTHER K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(-)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 TYPE OF VEHICLE 1 2 31 MOVEMENT PRECEDING LIST NUMBER (R) OF PARTY AT FAULT COLLISION M AVC SECTION VIOLATED: GT"YE9 ACONTROLS FUNCTIONING APASSENOFRCAR/STATION WAGON 1ASTOPPED ! 5 e C,CY 0„ B CONTROLS NOT FUNCTIONINGBPASSENGER CAR W I TRAILER $PROCEEDING STRAIGHT p B OTHER IMPROPER DRIVING': CONTROLS OBSCURED., C MOTORCYCLE/SCOOTER RAN OFF ROAD D NO CONTROLS PRESENT/FACTOR• D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN C OTHER THAN DRIVER' . TYPE OF COLLISION IE PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN D UNKNOWN• HEAD- IF TRUCK OR TRUCKr RACTOR F MAKING U TURN S E LL SLE _ . 4BSIDESWIPE GTRUCK/TRUCK TRACTOR W1 TRLR. - BACKING REAR END IH SCHOOL BUS IH SLOWING/STOPPING WEATHER{ MARK I TO 2ITEMS) D BROADSIDE I I OTHER BUS I PASSING OTHER VEHICLE ACLEAR E HIT OBJECT J EMERGENCY VEHICLE j CHANGING LANES B CLOUDY F OVERTURNED KHIGHWAY CONST.EQUIPMENT K PARKING MANEUVER C RAINING, V EHSCLE/PEDESTRIAN L.BICYCLE L ENTERING TRAFFIC D SNOWING OTHER•: MOTHER VEHICLE MOTHER UNSAFE TURNING E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XiNG INTO OPPOSING LANE F OTHER': ANON.COLLISION 0 MOPED PARKED G WIND PEDESTRIAN P MERGING LIGHTING ZC OTHER MOTOR VEHICLE ' -' TRAVELING WRONG WAY-• JADAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY1 ,2 3 OTHER ASSOCIATEO FACTOR(S) OTHER*: B DUSK-DAWN E PARKED MOTOR VEHICLE (MARK 1 TO 2ITEMS) CDARK-STREETLIG HTS FTRAIN AVCBECTIONvgtJITiON: CITED13yss D DARK-NO STREET LIGHTS G BICYCLE f�23 Sa' Cs ►{ O E DARK-STREET UGHTS NOTH ANIMAL: B vc sECTlon vgLATION: CITED FUNCTIONING" OYES ❑No SOBRIETY-DRUG ROADWAY SURFACE FIXED OBJECT: PHYSICAL zA DHY i �^VC SECTION VgLAT1ON: CIODts 1 2 3 (MARK 1 TO 2ITEMS) ONO B WET OTHER OBJECT: HAD NOT BEEN DRINKING C SNOWY-ICY `I D E VISION OBSCUREMENT: B HBp-UNDER INFLUENCE D SLIPPERY(MUDDY.OILY,ETC.) HBD-NOT UNDER INFLUENCE F INATTENTION': HBp-IMPAIRMENT UNKNOWN ROADWAY CONDITION{S) G STOP 6 GO TRAFFIC PEDESTRIAN'S INVOLVED E UNDER DRUG INFLUENCE' {MARK I TO 21TEMS) IH ENTERING t LEAVING RAMP JB NO PEDESTRIAN INVOLVED 1 PREVIOUS COLLISION F IMPAIRMENT•PHYSICAL A HOLES,DEEP RUT` CROSSING IN CROSSWALK UNFAMILIAR WITH ROAD iMPAlRMENT NOT KNOWN B LOOSE MATERIAL ON ROADWAY' AT INTERSECTION ' K DEFECTIVE VEK.EQUIP.: CITEDNOT APPLICABLE C OBSTRUCTION ON ROADWAY CROSSING IN CROSSWALK-NOT DYES (SLEEPY/FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION ONO SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE AHAZARDOUS MATERIAL FLOODED• IN ROAD-INCLUDES SHOULDER M OTHER-: G OTHER F NOT INROAD IN NONE APPARENT H NO UNUSUAL CONDITIONS APPROACHING t LEAVING SCHOOL BUS O RUNAWAY VEHICLE MISCELLANEOUS SKETCH dN R Ate' NOICATE NORTH Arnf LCHP5 PAGE 2{ R®v I Bii)6PI042 wVITNESSES'/ PASSENGERS o TIME Q400) 69 NCIC NUMBER® OFFICER I.D. NUMBER Jx I PASSENGER AGE SEX EXTENT OF INJURY ( "X" ONE ) INJURED WAS ( "X" ONE ) T PARTY SEAT SAFiTY 'y $� ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NL*ABER POS. SOUIP. y INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BICYCLIST OTHER ,• ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ . . t::... ..�` NAME/D.O.B./ADDRESS TELEP NE # OXY /9 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES , ❑ VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B,/ADORE TEy�PHON °I b°D !Vl cit r-jt �2n, rzv�-z ��'c°So G�lis�Ay6-z(fY/ (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑#s IISvn ❑ ❑ ❑ ❑ ❑ ❑ D ❑ ❑ / I 3 rvo A O.B., ONE �N Ess 7 !I7 PSA yfJn-iO;tip 6�%F H236 -05A3 JAIJUREO ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑tt1 19 lutoy,I rn I ❑ I ❑ 1 ❑ 1 ❑ I ❑ I ❑ ❑ 1 ❑ 1 ❑ I o .B./ADDRESS TELEPHONE o nJ (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ a ❑ ❑ ❑ ❑ 111-111 ❑ ❑ NAME l O.O.B.l ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑# I ❑ 1 ❑ 1 ❑ 1 ❑ 1010101 ❑ 101 NAME/O.O.B./ADDRESS TELEPHONE PNJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VK)LENT CRIME NOTIRED PREPARER'S AMEJ 1,11,NUMBER MO. DAY YEAR REVIEWERS NAME MO. /=Cl/ E./i o �_ �[ '7 2 tea. �o 1 CHP 555-Page 3 (Rev. 7-87) OPI 042 87 43637 eVE/SUPPLEMENTAL --o6(Rev 7-90)OPI 042 Page DATE OF INCfDENT/OCCURRENCE TIME(1400) NCIC NUMBER OFFICER I.D.NUMBER 1119�p\ S-�Q *X-ONE -X-ONE TYPE SUPPLEMENTAL(X-APPLICABLE) � ,N ve gCollision report El BA update D Fatal ❑Hit and run update ❑suvol"'mal 11 Other: E3 Hazardous materials 0 School bus El Other: CITY/COUNTY/JUDICIAL DISTRICT REPORTING DISTRICTMEAT CITATION NUMBER C-'Ps,<O i-"PxGL0 / COAR7ZA TENI-f+ LOCATIOWSUBJECT STATE HIGHWAY RELATED QAW �Pr I-o Yes No IQ 41 2. 3. 4. 5. 6. I. 7. A S(-IP-ivP- ��t'n C)km Eb 7 s A Izem-tz- (j4,-JE A-s niaix So iz, M4 8. 9. wl--a MJ.P-Q -j3NP 6 7)-S X111^5 W A) D0f3 Y,-C�.OW 10. �LX�,Q I'TAlc< o koz-�. A-t- iwe :4v-, easca7,T-d yu o r )9/ao w 11. 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System Fender Side Midg. Fender Side Midg. From* Headlamp Heodlomp Cross Member Headlamp Door Hoadlamp Door Stabilizer Sealed Beam Sealed Boom Wheel Pork light, Lens, Door Park Light, Lens, Door Hub Cap Door, Front ` Door, Front Hub and Drum Knuckle Door Hinge Door Hinge Knuckle Sup, Door Glass Door Glass Lr. Cont. Arm Vent Gloss Vent Glass Lr.Cont. Shoat Door Midg. 77 Door Mldg. Up Cont. Arm Up. Cont. Arm Shaft Door Handle Door Handle Steering Geor Center Post Cantor Post Steering Wheel Door, Roar Door, Rear Horn Ring Door Gloss Door Glass Grill Midg. Upper Door Midg. Door Mldg. Right Door Handle Door Handle Left Center Rock ar Ponol ^ to�� Rocker Ponol inner OuteLower Rocker Midg. Rocker Mldg. Front Deflector Floor Floor Horn Frame Frame Baffle, Side -Art•.' f. Baffle, Lower Quar. Panel `J�-y o / %V Ouar. Panel Baffle, Upper Quar. Mldg.,* ;slc:. Ouor.Mldg. Lock Plate, Lr. I ��(� ,fia G Lock Plate, Up. uor. Glass Quor. Gloss Hood Top Fender, Rear Fender, Rear Hood Hinge Fener Midg. Fender Midg. Hood Midg. Ili 1 I'v Z�L Ornament BEAK MISC. Name Plate Bumper / .b 1 r V Inst. Panel Rod. Sup. Bumper Britt. Front Seat Rod. Core Bumper Gd. Rear Seat Anti Freeze Grovel Shield Front Seat, Adj. lad. Hoses Lower Panel Trim 'an Blade Floor Headlining Fan Belt Trunk Lid Roof Panel Water pump Trunk light Tire %Worn Cowl Trunk Handle Tube Battery Windshield Toil Light, Door, Lens Point SOU /® Windshield Mldg. Tail Pipe, Brackets Undercoat Gas Tank- Door L O r Motor.V1ts. Frame TOTAL MATERIAL Clurch Linkage Wheal XCcL ' TOTAL LABOR Hub and Drum K Transmission Linkage Axle TOWING Spring SUBLET REPAIRS SYMBOL A-ALIGN N-NEW ON-OVERHAUL S-STRAIGHTEN OR REPAIR EX-EXCHANGE "E04ROME TME ABOVE IS AN ESTIMATE RASED S OUR INSPECTION AND ORES � TAX NOT COVER ANY ADDITIONAL H PARTS OR LABOR WHICH MAY BE LY QUIREO AFTER THE WORK HAS BEEN OPENED UP. OCCASIONALLY / APTER THE WORK HAS STARTED DAMAGED OR BROKF,N «ARTS ARE J GRAND TOTAL ` '�LJ r.7,6 OI SCOVERED WHICH ARE NOT EVIDENT ON THE FIRS" "ECT:O N. 8Y 7 -;.- HILLTOP - -- —_ ESTIMATE OF REP'AIRE 3280 Auto Plaza +O. NO. L0,0�-- Bumper b Phone 222-4444 RICHMOND, CALIF. 94806 Complete Service All Makes of Cars NAME AtroRE� •,.-•`w�. t JDATE MAKE 4F VEHICLE Y R TYF r ^. LICENSE MEAG�Oa,,;4��JSEAIAL N�tY6K NFb�}.4e, '=`�°a. INSURED BY Aos s cTOR y /, BUSINESS S'd41• n Labor PARTS S"ft4. Labor:, PARTS ?:' S1� Labor %PARTB Hours - Hours a. Hours ' .. r Fender, ander. \ e� .,, ". Bumper Rail . Fender ornament Fender Ornament - Bumper Brkt. Fender Shield : Fender Shield Fender Mldg M Fender Midg. r .. : a Bumper Gd. Headlamp Headlamp Frt. System Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam. Cross Member cowl Cowl f" Door,Front t'� Darr,Front Wheel Door Lock Door Lock. Hub Cap Door Hinge Door Hinge Hub&Drum Door Glass :,:" Door Glass Knuckle Vent Glass . . Vent Glass = Knuckle Sup. Door Mldg. Door Mldg. Lr.Cont.Arm-Shaft Door Handle Door Handle,`; License Frame-Brkt, Center Post Center Rost Up.Cont.Arm-Shaft Door,Rear : Door,Rear Shock Door Glass Door Glass Windshield Door Midg. Door Mldg. :.. Mocker Panel .:. .:.:. :: Rocket Panel a>� Tie Rod Rocker Mldg. Rocker Midg... � - Steering Gear Sill Plate Sill Plats r Steering Wheel Floor Floor Horn Rin Frame Frame Gravel Shield Dog Leg Dog Leg x. Park. Light Quar. Panes Quar.Parisi a .� v Grille Quar.Mldg. Quar,Midg p �. 7 S 0 ouar.Glass Quar. w v p . Fender,Rear Fender,Rear Fender Midg. Fender Mldg.- FenderPad Fender Pad Mirror , , Inst.Panel Horn Bumper - Front Seat Baffle,Side Bumper Rail Front Seat Adi. Baffle,Lower Bumper Brkt, rim- r,7f,- 7,0 Baffle,Upper Bumper Gd. Headlining Lock Plate,Lr. Gravel Shield Top . Lock Plate, Up. i Lower Panel ? c Tina Hood To Floor Tbe . Hood Hinge:a:.. ;., Trunk BBRt _ Lid Hood Midg; Trunk Lock Hood Letters Trunk Handla i �' coat. Ornament u` Tail Lightis*rr76�r v PcrlishF" Rad.Sup. Tail Pie - Misc.Materials - Core Gas Tank ;. THORIZA, , R Frame you are hereby.euthotized to tsieke.# ebiive. Wheel strecifirtd mpslrs. ,•' v. .,, Signed r Hub&Drum Labor rs: e Partsld II(«T m � wrecker s2� �OIQp ame—Brkt. Tan R►CHMpND uro Alara 8ublst --.—VV CA�6 change RC—Rechrome U--Used $.- VVn10-31 I � - ra ad��ronIth �alwork, and as such, lar TOTAL -�. I Cscort a Musrany� - s bhp S NOCII� �h�r Yrctoria o Thur::`:'lyirtl a ManagEr Festiva 11 t 3 ffi =: 4036 gTEWART`S e Make i . ^ J . J .a= yl ---- +,L)lf. SERVICING THE BAY AREA SINCE 1944 Ins. By 12544 San Pablo Avenue between Clinton & Solana Claim Richmond,CA 94805 Reg.7491 Phone:235-3515 Serial # Mileage TO Date —4- r tic. Na L7r t�i C Phone: Res. r_Y1. ^ Phone: Bus, Yeesr et9d Make' :' gody.5iyle `lcbo µ lee w Replace Repair r. ' t" �'',_•+. �. =fir 7 'P4" r - ,""x dj �'$'"i} } '. ?.'r� t �`" � i'7 ` �, 1/r?�x �". � s"' �"'�•'�s�',�f� n};��:ur.�4 .M,.,#,� � �*� ��x�r"Sa" `�+2� ��^"i � �, 't - ti„`.�e,6"ie''TMi'Y �'"'�'ry�,; r.T1^" ,� `�i-,; ,.r••"» qu:-" 1��.i»;v.{ 'sa `; INC �w � �r z � Oz�" > .. w.� " " + '"a 3 +� —,(� y'�r"„ '•t" -':�Ya�, y` X43` •#• - t 7.> .N' � 7,7777— ,� -�5ti •'; ..w z ♦11 r -, .. fi .:t"i9 ,�r: °'� S �.c �,;�z ;,i� x. -d.±��,�` "yi�a-?M'> 1 c .,,., r..., .: y.. dg m,, ' . all n a:E th:at,.1 '„ 'r V't r.' w:.� j, •.ki ,�: `"`' ` ,. ,. irj.:r,. -y«, 15 3�S!i.' d' ,M - i}y, .',* �•�-.cam. .. K i x. �� l�' O'�°'k't� .t~��x�,�'»''t x.'.•*t a ' ..�- n.e'.., ,v�, t��1 '' � � n�`+h ',� ..� � ,�'.'� w,�,.+ i »a tAls The above named insured is to pay, $ insurance deductible PAINT $ depreciation The above is an estimate based on our SUUET inspection and does not cover any additional I AUTHORIZE STEWART'S BODY SHOP parts or labor which may be required after the t `" TO REPAIR ABOVE SAID VEHICLE AS work has been opened up. Occasionally after Adve ITEMIZED PER THIS ESTIMATE. work has started, worn or damaged parts ares✓` ,r. discovered, which ore not evident on the first ,. i inspection. Because of this the above prices are TAW_ A not guaranteed, and are for immediate accep- tance only. NET TOTAL w O cn O A 3 as W w . s8or- .4.jjns io oados)AI!!33'to 1661 0183A a3A1303 8 l 0 � W N 4� y d CLAIM \ J t BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Gaim Against the County, or District governed by) BOARD ACTION 'the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 5, 1991 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 Supervi ors (Paragraph IV below), given pursuant to Government Co e Amount: Undetermine d Section 913 and 915.4. Please note all "Warnings" CLAIMANT: BROOK, Janet E. RECE ® ATTORNEY: Gerald R. Cox FEB 8 1991 Attorney at Law Date received NTy COWM ADDRESS: 2000 Heasi_nki:`Way +r. BY DELIVERY TO CLERK ON February 4 , Livermore, .CA 94550 BY MAIL POSTMARKED: February 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the. above-noted claim. DATED: February 8, 1991 gaIL BAATTCHELOR, Cl'er uty4ey_�� II. FROM: County Counsel TO: Clerk of the Board of Sup rvisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 a d 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 cla' on ground that it was filed late and send warning of claimant's right to apply for leave to pres nt a late claim ('Section 911.3). ( ) Other: Dated: 2. I i1 191 Y: Deputy County Counsel o III. FROM: Clerk of the Board TO: unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely wit notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous ote of the Supervisors present ( ) This Claim is rejected in ful ( ) Other: I certify that this is a rue 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. 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: BY: PHIL BATCHELOR- by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR Janet E. Brock NON-ACCEPTANCE OF CLAIM TO: c/o Gerald R. Cox, Attorney at Law 2000 Helsinki Way Livermore, California 94550 Re: Claim of JANET E. BROCK Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent . 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s ) of the public employee(s ) causing the injury, damage, or loss, if known. X 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ( $10, 000 ) . If the claim totals less than ten thousand dollars ( $10, 000 ) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, . or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTO J. WESTMAN, County Counsel V By: . �— J Deputy u ty Counsel CERTIFICATE OF SERVICE BY MAIL C.C .P. SS 1012, 1013a, 2015 . 5 ; Evid. C . SS 641 , 66 4 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s ) having delivery service by U.S . Mail ) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S . Mail at Martinez/Concord, Contra Costa County, California . I certify under penalty of perjury that the foregoing is true and correct . Dated: /,2 - 9/ , at Martinez, California cc: Clerk of the Board of Supervisors (o ginal ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4 , 910 . 8 ) RECEIVE® FEB 41991 CLERK BOARD OF SUP S CONTRA COSTA Gerald R. Cox Attorney for Claimant 2000 Helsinki Way Livermore, CA 94550 CLAIMANT Janet E. Brock 260 American Canyon Road, Space 53 American Canyon, CA 94589 Re: Claim of Janet E. Brock, Against Contra Costa County Board of Supervisors (Sheriff ' s Department) , For Damage to Claimant ' s Automobile and For Personal Injury, Arising From Traffic Collision, 12/29/90 tk r RECEIVED Gerald R. Cox, Attorney at Law FEB 4 1991 2000 Helsinki Way, Livermore, CA 94550 (415) 447-1947 CLERK OA OF SUP VISORS February 2, 1991 ONT A COSTA CO. To : Clerk, Contra Costa County Board of Supervisors Re: Claim for Damage to Claimant ' s Automobile and for Personal Injury, Arising From Traffic Collision, Proximately Caused by Sheriff ' s Officers, 12/29/90 This claim is presented pursuant to Government Code Section #910. 1. The claimant ' s name and address are as follows: Janet E. Brock, 260 American Canyon Road, Space 53, American Canyon, CA 94589 . 2. The name and address of the person to whom notices or re- sponses are to be sent are as follows : Gerald R. Cox, Attorney at Law, 2000 Helsinki Way, Livermore, CA 94550. 3. On December 29, 1990, at approximately 11: 00 pm, claimant received property damage and personal injury, while driving her 1984 Mercury Lynx, west-bound in the inside lane on San Pablo Dam Road, in the E1 Sobrante area, near the Amador intersection. Claimant ' s vehicle, while slowing for the traffic signal at Amadora was struck on the passenger' s side by a 1978 Chevrolet Monte Carlo, driven by an unknown driver, who was being pursued by officers of the CCC Sheriff ' s Department , in an official vehicle and while on duty, traveling at an estimated 55 to 60 MPH, where the posted speed limit was 35 MPH. The driver of the Monte Carlo did not slow or stop following the coll- ision. 4. Claimant ' s property damage was extensive, as indicated in Paragraph 6, below; her personal injury has not been fully determined. In the Traffic Collision Report (copy attached) , prepared by CHP Officer M. Kendall, it is shown that the cause of the collision involved two violations of the California Vehicle Code: Section 21658a, concerning unsafe changing of lanes ; and Section 22350, concerning excessive speed. Claimant asserts that the collision was proximately caused by the sheriff ' s officers operating their official vehicle at excess- ive speed while in pursuit of the Monte Carlo which, in turn, forced that driver to operate the Monte Carlo unsafely. California Vehicle Code Section 17001 provides that a public entity is liable for personal injury or property damage proximately caused by a negligent or wrongful act or omission in operation of any motor vehicle by an employee of the public entity acting within the scope of his or her employment . 5. The names of the two sheriff ' s officers involved in the in- cident are: K. Daley, #40863; and D. England, #39130 (per attached Traffic Collision Report) . Claimant: Janet E. Brock Page 2 6. The amount claimed, as of the date of submission of this claim, is as follows : a. Property Damage: $1, 954.. 76, the lowest of three estimates to repair claimant ' s vehicle, as shown in the copies attached. b . Personal Injury: Claimant received medical atten- tion on December 30, 1990. The nature of injury and the cost associated with treatment, whether present or prospective, cannot be determined as of the time of submission of this claim. Gerald R. Cox*, Attorney for Claimant Attachments: Traffic Collision Report (by CHP Officer Kendall) Copies of three estimates for repair of claimant ' s auto STATE OF CA&9QJBA:A C V`•�TRAFFIC COLLISION REPORT FADE OF SPECIAL CONDITIONS NUMBER NRA RUN CRMJ Y JUDALDISTRMCT LOCAL REPORTNUYSER NAMD FELONY �� C], NUMBER NR❑ �/� co REPO �7D DISTAIR BEAT /Q -- (s�� / C KILLED � � `OS { /, I �r71,T OLUSION OCCURRED ON MO. DAY YEAR TIME(3400) NCIC a OFFICEfl L D. Z _ � P> Lo _ - -'------------------------ °t'90 X30 �/l Z/,?1 MILEPOST INFORMATION DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: F V SMTWTF FEET/MILES OF bitio Ely- J AT IMTERSECTION WITH !��V` O R S� , STATE HWY REL MOR: FEET/MILES OF []Y" �HO NONE PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY YEM.YEAR E/MODEL/COLOR LICENSE HUMS ER STATE EOl11F. 1 L�ti Now lciV tiY . n�p;�;t DRIVER NAME(FIRST,MIDDLE,LAST) a 0 NK_rio w PEDES STREET ADDRESS OWNER'S NAME ❑SAYE AS DRIVER TRIAN ❑ I•(= O o PARKED CRY I STATE 123 OWNERB ADDRESS ❑SAME AS DRIVER VEHICLE -y-NDuJ ri BK:Y- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPOSMTIONOFVEHICLEONORDERSOP. UFFICER []DRIVER ❑OTHER OUST �J DAY : �; E:] [�04 MIN S (] Mo ' �n10((j YEAR OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT❑ REFER TO NARRATIVE❑ ❑ ( ) I >`,/ ( ) CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER POUCYNUMBER ❑UNI_ ❑NONE ❑MINOR n J ❑NOD. ❑MAJOR ❑TOTAL MR.OF IoNs\r-hEiTOANGHWAYS IPEEl PCF ICC❑ TRAVEL LIMIT PUC0 ' CMD PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEIL YEAR MAKE/YODEL/COLORLICENSE NUMBER STATE 2 r5os9.6a e.A, EGMMP. 1G�'� �,. �C ��?Y. � Kr�3� CCA) DRIVER NAME(FIRST,MIDDLE,LAST)- 19 nJ L T r--L_A inJ f,_ )FaOGK PEDES STREET ADDRESS OWNER'S NAME E]SAME AS DRIVER TMAN PARKED CITY/STATE/LP / OWNER'S ADDRESS IC-'ISA IE AS DRIVER VEHICLE S�s�2 , A_iiq ry�/�3L�Y'f1❑ CJ !/ (Y BICY- SEX HAIR EYES HEIGHT WE10HT SIRTHOATE RAGE DISPOSITION OF VEHICLE ON ORDERS OF: ❑OFFICER 0DRIVER []OTHER CLIST Y YEAR ❑ F 1 rU YES 5 c[ // (3 A A :1573 C,v OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT® REFER TO NARRATIVE❑ ❑ (q/6l ;23— �qDO ��f/�) P�22 3333 CHPUSE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE ❑WK'El NONE ❑MINOR B*00. 11 MAJOR 11 TOTAL DIR.OF I—STRIE ET OR HIGHWAY 'SPEED PCF CC❑ TRAV L � LIMIT PUC[] Lo CHP❑ .. ._ PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEIL YEAR MAKEd MODEL/COLOR ICENSEHUMBER STATE `l G a ;i ).j L . . . �- r� r:,.-. 3 . . . . . . . . DRIVER NAME(RBST,MIDDLE,LAST) •��, I!r •� y{ {� li ❑ Li� vl 1 1111 i� -. I -L - OWNER'S NAME LTA LI LI)IC❑-SAMELiY DRIVER": PEDES STREET ADOR ESS _III• j,, I� l� TRIAN ❑ `,G�C:CCI - •!7�'(-I PTS I A':V PARKED CITY I STATE I DP OWNER'S ADDRESS SAME AS DRIVER , VEHICLE ❑ 1 7^ BICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPOSITION OF-VEAL LE ON6R8E P1CLR'—r'TOWVEA�OTHEA CLIST YO. DAY I YEAR OTHER HOME PHONE .. BUSINESS PHONE PRIOR MECHAJi DEFEC'_r9: E AIP ENT REFER TO NARRATIVE❑ ❑ ( J ( CHP USE ONLYJC, _I �^ — r•:-;;:: T'',1!-.`i SHADE IN DAMAGED AREA HI V ECLE TYPE 1OESCRIBE VENICLE'DAMAGE' INSURANCE CARRIER POLICY NUMBER 1:1 LINK. 1:1 NONE ❑4YNOR ❑MOOx ❑MAJOR ❑TOTAL DIA OF ION STREET Oa WGMWAY SPEED PCF ICC TRAVEL LIMIT PLC❑ . CHPO PREPARERS NAME DISPATCH NOTIFIED REVIEWER S NAME DATE REVIEWED t3jyES ❑ NO ❑ NIA � Z Q ' I -71 CMP 555 PAGE 1 (Rev 1-88) OPI 042 !; ^ ; f I n / )�`�f t 88 4E.6657 STATE OF CAUM M" -^ 7 RAFFIC COLLISION CODING F;GE •'� ' DATE OF COLUSION �y p7 TME(2400) NCIc NU/9ER l D NIM 9ER MO. 9- DAY Oma' 1 YEAR 90 .9309 0'211 OWNER'S NAME/ADDRESS NOTIFIED PROPERTY ❑YES ONO DAMAGE DESCRIFnON OF DAMAGE SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE L-AIR RAG DEPLOYED M/C BICYC F_HFt MET 0-NOT EJECTED A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED DRIVER 1-FULLY EJECTED B-UNKNOWN N-OTHER V-NO 2-PARTIALLY EJECTED C-LAP BELT USED P-NOT REQUIRED W-YES 3-UNKNOWN I-DRIVER D-LAP BELT NOT USED 1 2 3 2 TO 6-PASSENGERS E-SHOULDER HARNESS USED PASSENGER F-SHOULDER HARNESS NOT USED CHAD RESTRAINT 4 5 6 Z-STATION WAGON REAR X-NQ 8-REAR OCC.TRK OR VAN G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED Y-YES 9-POSITION UNKNOWN H-LAP/SHOULDER HARNESS NOT USED R-INVEHICLENOTUSED 0-OTHER J-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN 7 K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 2131 TYPE OF VEHICLE 2 3 MOVEMENT PRECEDING UST NUMBER (0) OF PARTY AT FAULT COWSION 0 AVCSECTION VIOLATED: Cii€0 CONTROLS FUNCTIONING APASSENGERCAR/STATION WAGON ASTOPPED 6 5 Cll 0. (J B CONTROLS NOT FUNCTIONING I IB PASSENGER CAR W/TRAILER B PROCEEDING STRAIGHT 0 B OTHER IMPROPER DRIVING C CONTROLS OBSCURED I IC MOTORCYCLE/SCOOTER C RAN OFF ROAD D NO CONTROLS PRESENT/FACTOR ID PICKUP OR PANEL TRUCK D MAKING RIGHT TURN C OTHER THAN DRIVER' TYPE OF COLLISION E PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN D UNKNOWN• AHEAD-ON F TRUCK OR TRUCKRRACTOR F MAKING U TURN r E FELL SLEEP B SIDESWIPE. GTRUCK/TRUCK TRACTOR W/TRLR. GBACKING REAR END 9SCHOOL BUS H SLOWING/STOPPING WEATHER( MARK 1 TO 21TEMS) D BROADSIDE I OTHER BUS 1 PASSING OTHER VEH;CLE ACLEAR E HIT OBJECT J EMERGENCY VEHICLE J CHANGNG LANES B CLOUDY F OVERTURNED I IK HIGHWAY CONST.EQUIPMENT K PARKING MANEUVER C RAINING VEHICLE/PEDESTRIAN (,-BICYCLE L ENTERING TRAFFIC D SNOWING H OTHER IMOTHER VEHICLE MOTHER UNSAFE TURNING E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE F OTHER•: ANON-COLUS40N 0 MOPED I I OPARKED IGWIND B PEDESTRIAN I I IP MERGING LIGHTING C OTHER MOTOR VEHICLE TRAVELING WRONG WAY A DAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTOR(S) ROTHER.. B DUSK-DAWN E PARKED MOTOR VEHICLE 1 2 3 (MARK 1 TO 2 ITEMS) CDARK-STREET LIGHTS FTRAIN AVCsEcnONvaunom: CITED D DARK-NO STREET LIGHTS G BICYCLE EDARK-STREET LIGHTS NOT ANIMAL: BVCSECnONMLATION: CITED FUNCTIONING' H OYES ROADWAY SURFACE NO SOBRIETY-DRUG RXEDOBJECT: CVCSECnONVIOLAnON: CITED 1 2 3 PHYSICAL A DRY 1 OYEy (MARK 1 TO 21TEMS) B WET OTHER OBJECT: ONO HAD NOT BEEN DRINKING C SNOWY-ICY J D B HBO-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY,ETC.) E VISION OBSCUREMENT: HBD-NOT UNDER INFLUENCE'S F INATTENTION ROADWAY CONDITION(S) G STOP 6 GO TRAFFIC D HBD-IMPAIRMENT UNKNOWN' (MARK 1 TO 21TEMS) PEDESTRIAN'S INVOLVED H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE A NO PEDESTRIAN INVOLVED 1 PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL A HOLES,DEEP RUT• CROSSING IN CROSSWALK IMPAIRMENT NOT KNOWN B LOOSE MATERIAL ON ROADWAYB AT INTERSECTION UNFAMILIAR WITH ROAD H NOT APPLICABLE K DEFECTIVE YEN.EQUIP.: c .. C OBSTRUCTION ON ROADWAY CROSSING IN CROSSWALK-NOT OYEs I SLEEPY!FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION SPECIAL INFORMATION E REDUCED ROADWAY WIDTH ID CROSSING-NOT IN CROSSWALK I IL UNINVOLVED VEHICLE AHAZARDOUS MATERIAL F FLOODED IE IN ROAD-INCLUDES SHOULDER I IM OTHER' G OTHER.. IF NOT INROAD I IN NONE APPARENT �{NO UNUSUAL CONDITIONS APPROACHING!LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH MISCELLANEOUS 09v R" O INDICATE NORTH V 7- CHP 555 PAGE 2( Rev 1-88)OPI 042 STATE OF CALIFORNIA r7 INJURED / WITNESSES / PASSENGERS PAGE DATE OF COLLISION TIME x400) NCIC NUMBER OFFICER I.D. NUMBER �q CIO 5 ®7// 41;`7 y2 EXTENT OF INJURY ( "X" ONE) INJURED WAS( "X" ONE )WITNESS PASSENGER AGE SEX PARTY SEAT SAFETY ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAIN WJURY INJURY INJURY OF PAIN DRIVER PED. B11—SER POS. EQUIP. ICY PASS. CLIST OTHER l — rK# , ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IQ NAME/D.O.B./ADDRESS TELEP NE cs� # oaes /9 117 40 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED #� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME/D.O.B.I ADORE TE PHON i. , E G J f"3 30 i q go M c.—. 4o. � 7�N�Z CL'cso alis- (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES • VICTIiN OF VIOLENT CRIME NOTIFIED ❑#3 vn ❑ ❑ ❑ ❑ ❑ ❑ ❑ I ❑ ❑ I t 15 1 F N ID.O.B./ADDRESS TELEPHONE xr oN A P 954-J236-os�t3 ONJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑# INK ❑ ❑ ❑ 1 ❑ 10, 101111 ❑ ❑ AL NAME/D. .B.l ADDRESS TELEPHONE I0 VNJUREO ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES El VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME;D.O.B./ADDRESS - TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME 10.0.19.1 ADDRESS TELEPHONE QNJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIRED PREPARER'S NAME I.D.NUM eER MO. DAY YEAR REVIEWERS NAME MO. DAV YEA 9-,j D r�c �� z tea. ')o CHP 555-Page 3 (Rev. 7-87) OPI 042 87 43637 STATE OF CALIFORNIA •NARRATIVrElSUPPLEMENTAL ' CHP 556(Rev 7-90)OPI 042 Page / • DATE OF INCIDENVOCCURRENCE TIME(2400) NCIC NUMBER OFFICER UD.NUMBER NUMBER 1-70 •X'ONE 'X"ONE TYPE SUPPLEMENTAL(-X-APPLICABLE) �SNarrative gCollision report ❑BA update ❑Fatal ❑Hit and run update ❑Supplemental ❑Other: ❑Hazardous materials ❑School bus ❑Other: CITY/COUNTY/JUDICIAL DISTRICT / REPORTING DISTRICTIBEAT CITATION NUMBER C rrw ki-6L0 C6AFMA s?-A /a- LOCATION/SUBJECT STATE HIGHWAY RELATED Sn-N P a-o bA m �; T' /�M r4D o R SAN !�t3L0 ❑Yes No 1,� N 2. 3. 4. ( oT�F�CA�ZON 5. 6. 7. SC Fel -T sA 2. nn, 8. A (mac ks b:vim e,y i�5, KEN 9. p �tCzS n) g �nU�IQ OLv 10. o i-,QAN r/�3 12. � J I j 13. pSG°�S �11D ,OAU ''�2Q ' 14. , _ n I 15. 3 !'✓ TSS 16. 17. D Rim + i,vf W 18. coalal) vp V 19. U)AR A Cou-m-sZ)vA) ejv,��n ad&y�w�) l 20. 21. \/a W B u) 22. 23. c: N d > FPsJr� I�ofl 24. 25. 26. 27. 5 T R-L-1 .. 28. 1 I°1�� 1 ,)/ MON,' 29. 3o. 31. �J 0 W��rvS✓z'S C�rt1 �l . PREPARER'S NAME AND I.D. DAT C O REVIEWER'S NAME Use previous editions until depleted. 90 57541 -STATE GF CALIFORNIA NARRATIVE/SUPPLEMENTAL CHP 556(Rev 7-90)OR 042 Page S DATE OF INCIDENTIOCCURREN( E(2400) NCIC NUMBER OFFICER LD.NUMBER NUMBER 2�Z�j 6 3oq O '±X*ONE 'X'ONE TYPE SUPPLEMENTAL("X'APPL CABLE) Y�Narrative Collision report ❑ BA update ❑Fatal ❑Hit and run update ❑Supplemental ❑Other: ❑Hazardous materials ❑School bus ❑Other: CITYICOUNTY/JUDICIAL 7RICTDISTR REPORTING TREAT CITA-gON NUMBER 00 r, - A COs 7'n!r/f � LOCATIOWSUBJECT STATE HIGHWAY RELATED W S/�N [v QOM �i 17Y►1/dD 9w Ppi-8Lo ❑Yes ;do oous I"I� z No �av+�a�vED 2. 3. Fy9-a-raA-(_ _9.,�P�2 /3>r�cJrtJ I�UnJ 4. 5. 6. o �aqyy, 81 A-- 14,V- FL,6D -7-1+1 e.En>9. 7. -roup ✓v1 E T{ s► w e s v c - w e o DA-YI,, 2p, 8. AW P, PdPU W-P t 0-' TO-f- own 9. ,► �T�-N -i-5 w` Y�, t)(L n 9Y A jz?44 r'r� rl�i' Gvl cs« f 1 c1�-N(r'�) f&Low fl )(L 10. Sl*tiv 14yn 1h (0148 A) \/i ST-fz_aci< "f ki 12s A wr S-L0 (3= Y,2� o, &"�„�,c'; 11. S— ( 12. 0 20, F L S (( uj AL 661-00 44dKO AY 13. W TW-9- o car �.w` a Qom S { 14. C`ou_(_0 !Ucl� S o 6F 1l 115. A STP - T1 Q&U Z�su-(J oN R_ or -*-E 100L,Z4�€r C�l+2c �F�rn� � A},<Ip 1 s. (3,dU0 I Z rZ ✓�f# c F c r til S 4Y J P.�co 17. LJ 1+&,) TA-Lr--" -To fa Q, 1,{cecg- S w.8-3 S � % :�z� r J /Z vk�_!ti-c-C C'e- 18. ftL0 L6 Q/-'�In )9-0 W 0 F 1!¢' tel_-FO 19. A Tom:, I 20. cT—' Pd_ -I'0 W { l Itl 1 © W I \/ gocLzyvz 21. Al tj Po c ES . 1gP�kt�rf 1) .14-m o rte,n Lid N- Sc,�►A o L-�f�.S-o Jt 3 4L22. bA(, n i DA F (u i Co-(!S "14& Iv &�1. 24. Vt U 1A LvAg _ 25. 26,. 27. 4 Pj)+3(..o D ,-n RA. ( tit($�c?2 W i1� c. 28. 1 SLOB O� YA ,1/hJ I Lovu 's ' P, Y 30. ISL Ctn1;zL 31.;Dg- Co "_-z-_o�OW t f17�T/1 OST 1� dW,Dl'j�I� SC,� , D PREPARER'S NAME AND I.D.NUMBER DATE REVIEWER'S NAME DATE Use previous editions until depleted. 00 57541 STATE OF CALIFORNIA NARjUTIVE/SUPPLEMENTAL / CHP 556(Rev 7-90)OPI 042 Page (� DATE OF INCIDENTIOCCURRENCE ME(2400) NCIC NUMBER OFFICER LD-D_NUMBER NUMBER TI 0 X369 ��/ �� 50- ism 'X"ONE X'ONE TYPE SUPPLEMENTAL rX'APPLICASLE) ANarrative �Collision report ❑BA update ❑Fatal ❑Hit and run update ❑Supplemental ❑Other: ❑Hazardous materials ❑School bus ❑Other: j CITY/COUNTY/JUDICIAL DISTRICT REPORTING DIST ICT/BEAT CITATION NUMBER Cow,rt l� 0js 7-4 � TP-,V-I+ I LOCATIOWSUBJECT STATE HIGHWAY RELATED 3 P &Z , 6}7- AyVi 2 PT LD ❑Yes UN, 1. - i('iL- 2. S C° yv Z,p, 'J) rUr, rl P s,�rVG+2�s 3. o vk,�P-y I)u) 0 4. VI S eo ST 6 6 mp/d, 5. TO W Alr- -M :E 'Q-c rU -n 6. W l O &t?-Y S 4-9 Z P412 0,q-T-,vTvj(9I 7. &i , i lr7TZI SW V1 Wel 116(-b 8. 1rA)o -W/I I)ALLYw - a 'rG P A d ?O LcGfl A"/-q 10. F(, U i3 \11 R A-t- 11. Aa-o a U) P. 12. t fL T Jz 12 S T--O f- Q'F• /V g, Pas I 13. Q. A%L.� so S ^ 6fz S1'40 /,Np 14. 120. `( S' -A �w cc,kD o 15. ( c.m,D oUR S c-t S�GYLa� 16. �L W ^nl T fl, 10 l72/ y1C SG/(�L 1 ��7-r}L 1�t,.-fdtS��✓�vCU j 17. tj�Ag x- o 7✓ 6Q-Cc. kE l: , -0'4-2- 19. 6eu 3w0 QIk)nuo� I!,D, 10 I 20. 4 C.() :? S P-T .-Ilio i fi-S ) uSb U 37;o Tjd� 21. p LCtAQ, �, � ,o 22. 0 ✓h Me T r-,g- 23. P " _4.2 TI Sate- o (- a N o eu 01 LoA-S' 24. I 0cl '-S /VDT '2 k-171 25. +J "Co JZU, A,4�1 44%115 8&Z,10 .r,W I�RQI�I�c.0 Zni 26. "-4 C)f- 27. t 28. S O 0NcC.U520,�uS - 29. ( SU m m P42,Y ; 30. cj. wig #f 1 SAV PIQA Lv 1'Z,0 31. Sirw 'PC>-6 w 6,VQ- n 60 Ps- ' ' L31A Ql>rn UO PREPARER'S N ME AND I.D.NUMBER DATE REVIEWER'S NAME �' cJ FAL } DATE J ` D S Q/ Use previous editions until depleted. 90 57541 iSTATE OF CALIFORNIA t NARRATIVE/SUPPLEMENTAL CHP 556(Rev 7-90)OPI 042 Page DATE OF INCIDENT/OCCURRENCE TIME(2400) NCIC NUMBER OFFICER I.D.NUMBER NUMBER 1:2-2-01- 07 0 1 5t3 6 9 0") // io 'X'ONE 'X'ONE - TYPE SUPPLEMENTAL r-X-APPL C48LE) ,Narrative Collision report ❑BA update ❑Fatal ❑Hit and run update ❑Supplemental ❑Other: ❑Hazardous materials ❑School bus ❑Other: CITY/COUNTY/JUDICIAL DISTRICT REPORTING DISTRICTBEATCITATION NUMBER S La cOTn F! L°os A eA- `f-Rrl+ o`Z LOCATIOWSUBJECT STATE HIGHWAY RELATED Ct) (p-mizO2 coiy P,4aco I ❑Yes N No 1• A:,:: d 2. 3. 1 Lo"le : V ( 4. I u W QyU 5. V� 0g. Sjd S 77 �o �7n1•� 6. 7. Pis o� ern Pn eat- . , 8. 9. ®C= 'mow .IG 12 , d re 7- L O 10. Lcy-'�D P-xz It� )7'►�d(Z �C Tlf$ QU-X/t.J9,-�_ >L 11. oz- 11 9 O P- Tim� �s C tGx/ - t-►4� N � 12. 0! ZAJg - 13. 14. 3 1 lV�k�C14TZU to N kt" 15. 16. f \\C 17. G..C AA) SEC;7�s� 1� 18. Cil 19. 20. �� to -j3o , 21. - - 22. OYV 23. 24. 25. 26. 27. 28. 29. 30. 31. PREPARER'S NAME AND I.D.NUMBER DATE REVIEWER'S NAME DATE /:U-q 9 � 1D)IS-I1 Use previous editions until depleted. 90 57541 STATE OF CALIFONNIA, FACTUAL DIAGRAM PAGE B DATE-1OF1 ZOLLISION A /yam TIMES (2.00) NCIC NUM/B�Ew OFFICER I.D. NV M/�BJ.ER • 'YO. I V� OAY 1 VR. /O 9.309 V II y�' !O� ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE - 1-4 W INDICATE � O HORTw QD fl POLL tt04A91 - o 7 C' n A ' Q I 3 P v Ow I.D. NUMBEw I MO. DAT Tq, REVIEWER'S NA- -Ks AME I v J CHP 555—Page 4 (Rev II-85)OPI 042 'El Sobrc-mte Body & Fender OF ESTIMATEE AIRS " 4012 DAM ROAD • CALL 222-2614 OWNER � ( Y�I1 ! �L ADDRESS ADJUSTER PHONE- t✓L.J K YEAR STYLE C>%,, :feJC•-MODELr f f� DATE 1 (� L �C 1. LICENSE FRONT PARTS LABOR RIGHT PARTS LABOR LEFT PARTS LABOR MISC. PARTS LABOR Bumper Fender, Frt. f' Fender,Fri. Bumper Britt. Skirt&Baffle Skirt, Baffle Bumper Gd. Fender Midg. lc�qv Fender Midg. Frt. System Fender Side Midg. Fender Side Midg. Frame Heodlomp Headfamp Cross Member Headlamp Door Headlamp Door Stabilizer Sealed Beam Sealed Boom Wheel Park Light, Lens, Door Park Light. Lens, Door Hub Cap Door, Front Door, Front Hub and Drum Knuckle Door Hinge Door.Hinge Knuckle Sup. Door Glass poor Gloss Lr. Cont. Arm Vent Gloss Vent Glass Lr.Cont. Shaft Door Midg. V6]7 ak- Door Mldg, Up Cont. Arm Up. Cont. Arm Shaft Door Handle Door Handle Steering Gear Center Post Center Post Steering W1eel Door, Rear Door, Rear Horn Ring Door Glass Door Glass Grill Midg. Upper Door Mldg. Door Mldg. Right Door Handle Door Handle Left Center Rocker Ponei nWrr. Rocker PanelOut inner " Layer Rocker Mldg. Rocker Midg. Front Deflector Floor Floor Horn Frame Frame Baffle, Side -2t'V' ' k Baffle, Lower Quar. Panel Quar. Panel Baffle, Upper Quar.Mldg. � j �}. +ttc, Quar.Mldg. Lock Plate, Lr. W. / 5�C✓ r;.C. Luck Plate, Up. Ouor. Glaze V Quar.Gloss Hood Top Fender, Rear Fender, Reor Hood Hinge Fener Mldg. Fender Midg. Hood Midg, j rola 1/ j >7 t.<_ Ornament REAR' MLSC Name Plate Bumper 'E -7/' 14C! Lost.Panel Rod. Sup. Bumper Brkt. Front Seat Rod. Core Bumper Gd. Rear Seat Anti Freeze Grovel Shield Front Seat, Adj. Rod. Hoses lower Panel Trim Fan Blade Floor Headlining Fan Belt Trunk Lid Roof Panel Water Pump Trunk light Tiro %Worn Cowl Trunk Handle Tube Battery Windshield Toil Light, Door, Lens Point 'pU 10 Windshield Midg. Toil Pipe, Brackets Undercoat Gas Tank-Door Z Y00 1, t4-� Motor Mts, Frame TOTAL MATERIAL Clutch Unitage Wheel TOTAL LABOR ti Hub and Drum Transmission Linkage Axle TOWING Spring SUBLET REPAIRS SYMBOL A-ALIGN N-NEW ON-OVERHAUL S-STRAIGHTEN OR REPAIR EX-EXCHANGE i(C-RECHROME THE ABOVE IS AN ESTIMATE BASED ON OUR INSPECTION AND DOES TAX NOT COVER ANY ADDITIONAL H PARTS OR OPENED WHICH MAY N R£• OUIRED AFTER THE WORK HAS BEEN OPENED UP. OCCASIONAL:Y 7b AFTER THE WORK HAS STARTED DAMBY lAGED OR BROKEN PARTS ARE GRAND TOTAL `�" r DISCOVERED WHICK ARE NOT EVIDENT ON THE FIRST INSPECTION. HILLTOP FORD ESTIMATE OF REPAIRS • D 3280 Auto Plaza R.O. NO. Phone 222-4444 RICHMOND, CALIF. 94806 Complete Service All Makes of Cars NAME �J JADDRES,$ '^'�' �/ t. .,,,, .y� DATE L.y MAKE Of VEHICLE Elf? {� G `�" t t j I t''' ' Iw"V V t r�f""'""•" /,,.��Z / I Y R ` TYP { LICENSE LJ ILEAGE SERIAL NO.4YIN NO.! .. INSURED BYIM .. OJ ST - • ,. N CTOR •.,- PHONE cJ V -. ME BUSINESS P. STM. • LaborLabor Labor Hours 'PARTS SVM. Hours PARTS SSM. Hours PARTS Bumper Fender ender `.. rl•:�� o Bumper Rail Fender Ornament Fender Ornament . Bumper Brkt. Fender Shield Fender Shield FeNnder Midg. Fender Mldg."✓ 6 5 Bumper Gd. Headlamp Headlamp Frt.System Headlamp Door Headlamp Door Frame I ISealed Beam Sealed Beam Cross MemberI Icowl Cowl r Door,Front poor, Front kd,3 J Wheel IDoor Lock A Door Lock ' Hub Cap Door Hinge Door Hinge Hub&Drum Door Glass - Door Glass..:.:.. Knuckle Vent Glass Vent Glass Knuckle Sup. Door Mldg. Door Midg. Lr.Cont.Arm-Shaft Door Handle Door Handle License Frame-Brkt. Center Post Center Post" Up.Cont.Arm-Shaft Door,Rear I Door,Rear . Shock Door Glass » Door Glass . Windshield Door Midg. Door Midg. Rocker Panel .,: . Rocker Panel ::.f>'- Tie Rod Rocker Mldg. Rocker.Midg.. Steering Gear jSill Plate Sill Plate, Steering Wheel Floor . _ Floor Horn Ring lFrame Frame Gravel Shield I Dog Leg 11 1DogLeg Park. Light lQuar. Panel I /V Quar.Panel 05 o /v Grille lQuar.Midg. Quar. Mtdg p YC-, Quar.Glass Quar.f W r5 O fS 3 Fender;Rear Fender,Rear- - Fender Mldg. Fender Midg. Fender Pad Fender Pad " Mirror Inst.Panel Horn Bumper Front Seat Baffle,Side Bumper Rail Front Seat Adj. Baffle,Lower Bumper Srkt. rim.. Baffle,Upper Bumper Gd. Headlining Lock Plate,Lr. Gravel Shield Top Lock Plate, Up. Lower Panel .j ! Tire Hood Top _ :: ::•. • • :: Floor Tube Hood Hinge - Trunk Lld _ : s Battery-�':� .�.�•. =-rte' -„� ='. Hood Mldg. Trunk Lock. - s. Hood Letters Trunk Handle _: .. - coat-. Ornament - Tail Polish"f�1-')47Z ,0 Rad.Sup. -` Tail PipeMisc. materials i p y Core Gas Tank AUTHORIZATION FOR REPAIRS Frame You are hereby authorized to make the "above Wheel specified repairs. _ Signed Hub&Drum Labor Hrs. $ oS e Parts Id Wrecker Service $ HI32TOP" me—Brkt. Tax r Au,FDRD $ R/CfyMOND o Plaza Sublet CA 94806 change RC—Rechrome U—Used t- ,fir r/ i Taunu -7 h uality work, and as such, i s •amort! a .i additional. TOTAL $_ Musra� 8odV s°p MaDgeN Cry� �a•Thunderbird ,Festa 4035 �STEWARTFS BODY SHOP INC. MCKe�41< . . ! : ' ` ��f: SERVICING THE BAY AREA SINCE 1944 Ins. By 12540 San Pablo Avenue between Clinton & Solana Richmond,CA 94805 Reg.7491 Phone:235-3515 Claim i, D/L Seriai A t Miieage TO ti Date � ' Lic. No , , - 1 �U 1 Phone: Res- O� Phone: Bus" —=,_ K '�earand Makes Body:Style Yet Parts ;. Cdbor Sv Replace Repair rim- `'��x-'� 'T«"'�e�� •` _. •a2� .�yY'•r'� __�,"G.�a�_�� '� ,cr�Y"3�•5 _ c 3a -Y_ __ — _ .fir N. 1 - �. ��f��a'ar�ia . .:.;� _x.-. ,� " /-.��.-ate. �.s"/;� �,�,�{_*.'^S., •.��,Ct -"C�-E..:� ,`"�., "'� c�, �' - e �'�n`s .•. .�,�'L.i - - ,� •ate' -. .r-y,.` -_.:,�'' s. - =e y t-_ t ape41 •" 17 / .. I I i /• i RINI sxf'3 .X ^'�� a)�-� yy3+, �"��a,✓P�` '--��',�M4Y ��, �'"_ t-.a+�.k•'x i`n+fi��,�c � s�� y::.q :�!^a-�: � _ "5��_�o�-,';y 3 _ .«c, «7i?�% �'' •S:ra ''. ..Mfi��':?': ..1Y 'T�.- -T.. 'sets ..r4 �'I,'n �, -.. ..,°w,'.�,-�. ,t: _ � r�- "._ •_ ,-,Via"'- -.. -'�'< <s-<.�:. r�-�'` = r:+� �..�� - � �-F.✓. ..k,.-_ f ,. The above named insured is to pay: / 1A80 H TOTAL /� y -x � u $ insurance deductible "^ PARTS PAINT $ depreciation The above is an estimate based on our SUBLET � inspection and does not cover any additional " SALESIAJC, y I AUTHORIZE STEWART'S BODY SHOP ports or labor which may be required after the TO REPAIR ABOVE SAID VEHICLE AS work has been opened up. Occasionally after Advance ITEMIZED PER THIS ESTIMATE. work has started, worn or damaged parts are � 1 discovered, which ore not evident on the first TOT inspection. Because of this the above prices are - not guaranteed, and are for immediate accep- LESS tante only. X r- NET TOTAL cn Lf) Lf) C) L-)qua vl � ct C)- O �tic:r -s Ln CL cU 0 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 5, 1991 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: $67,504.82 Section 913 and 915.4. Please note all "Warnings". RECEIVED CLAIMANT:MEEHLEIS MODULAR BUILDINGS, INC. ATTORNEY:Jon P. Tonsing, Esq. FEB 8 1991 Tonsing & Tonsing Date received COUNTY ADDRESS: 500 Ygnacio Vall-ey Road, Ste. 300 BY DELIVERY TO CLERK ON FebruaryTl� 9 �» Wal.nut Creek, CA 94596 P308 556 835 BY MAIL POSTMARKED: February 4, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. RYIL BATCHELOR, Clerk DATED: February 8, 1991eputy II. FROM: County Counsel TO: Clerk of the Board of upervisors � ) 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: z /I�i C51 BY: S. 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: MAR 5 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 13) 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: MAR 6 '991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator - f 4 1 JON P. TONSING, ESQ. TONSING & TONSING 2 500 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596 � <.` [lECE��E® 3 Telephone: (415) 947-1600 RECEIVED Attorney for imant 4 MEEHLEIS SMODULAR aBUILDINGS, INC. y. �Co 51991 5 BOARD OF SUPE 6 CONTRA COSTA C . 7 In the Matter of the Claim of 8 MEEHLEIS MODULAR BUILDINGS, INC. , AMENDED NOTICE OF CLAIM 9 AGAINST THE COUNTY Claimant, OF CONTRA COSTA 10 VS. (Government Code §§900, 11 et. seq. ) COUNTY OF CONTRA COSTA, 12 A public entity. 13 14 MEEHLEIS MODULAR BUILDINGS, INC. (hereinafter "MMBI") hereby 15 Presents this claim to the County of Contra Costa (hereinafter "the 16 County") pursuant to Government Code §900 and following and any 17 applicable portions of the agreement between MMBI and the County 18 relating to the construction of the Marsh Creek Detention Facility, 19 Dorms I and II: 20 1. Name and address of claimant is: 21 MEEHLEIS MODULAR BUILDINGS, INC. 1303 East Lodi Avenue 22 Lodi, California 95240 23 2 . Name and address to which claimant desires notice of its 24 claim to be sent is: 25 JON P. TONSING, ESQ. TONSING & TONSING 26 500 Ygnacio Valley Road, Suite 300 Walnut Creek, California 94596 27 JPT/428.5/Meehleis/CoCoCo2.n0C 1 28 r 1 3 . Description of claim: 2 On or about July 27, 1988, MMBI entered into a contract with 3 the County which provided, inter alia, that the County would pay 4 MMBI the sum of $1, 361, 850 of which $64,850 is a supplemental work 5 allowance (plus additional sums for any work not contemplated by the 6 contract) in exchange for MMBI 's construction, delivery, and 7 installation of two 120-bed modular dormitories at the Marsh Creek 8 detention facility. •Under the specifications for the project, the 9 dormitories were to be used for housing minimum security inmates. 10 An accurate copy of the contract is attached to this notice of claim 11 and is incorporated by reference as though fully set forth. On or 12 about January 27, 1989, the County's Purchase Order No. 64935 was 13 presented to MMBI for the purchase of one covered canopy in the 14 total amount of $18, 346. The Purchase Order was subsequently 15 canceled with a balance of $1,962 . 14 incurred to comply with the 16 order by MMBI. On or about July 19, 1989, the County recorded a 17 notice of completion on the project, recognizing that "the Director, 18 Justice System Programs reports that said work has been inspected 19 and complies with the approved plans, special provision, and 20 standard specifications, and recommends its acceptance as complete 21 as of June 1, 1989. " Based upon this recommendation, the County 22 accepted MMBI 's work as complete on June 1, 1989. 23 Thereafter, and throughout most of 1990, MMBI and the County 24 have been investigating the County's assertion of water leakage at 25 the job site (this investigation has continued into 1991) , the 26 County has been considering MMBI 's request for additional time on 27 JPT/428.5/Meehleis/CoCoCo2.noc 2 28 r 1 the project, various punchlist and warranty items have been 2 addressed by MMBI, and change orders have continued to be issued. 3 A copy of Wayne Barker' s September 14, 1990 letter relating to punch 4 list items is attached as Exhibit "A". A copy of Wayne Barker' s 5 October 25, 1990 letter relating to time extensions is attached as 6 Exhibit "B" . 7 MMBI has not demanded payment while these events have been 8 underway. Demand for payment was made by way of MMBI ' s notice of 9 claim of January 7, 1990. To the extent any claim may have accrued 10 before that, such accrual has been tolled by agreement with the 11 County, according to the terms of County Counsel ' s letters of August 12 10, 1990 and December 20, 1990. Copies of those letters are 13 attached to this notice of claim as Exhibits "C" and "D" . A copy of 14 the letter to which Exhibit "C" is responding is attached to this 15 notice of claim as Exhibit "E" . 16 The County has breached the contract and the agreement created 17 by the purchase order by failing to pay MMBI the sum of $67 , 504 . 82 18 which remains due under the contract and MMBI has fully performed 19 its obligations under the contract, has been excused from performing 20 its obligations under the contract, or stands ready and willing to 21 perform any remaining obligations under the contract when reasonable 22 instructions and requests are received from the County. Payment 23 became due from the County when MMBI 's demand was made, on January 24 7, 1991. 25 In addition to the County's breach of contract, in the 26 alternative, MMBI makes a claim against the County on the basis of 27 JPT/428.5/Meehleis/CoCoCo2.noc 3 28 1 a "common count" : that is, the County has received goods from MMBI, 2 for which the sum of $67,504.82 remains to be paid to MMBI for the 3 reasonable value of such goods. 4 Only to the extent that the Supplemental Conditions, at section 5 33 , require the Construction Manager or County Administrator to make 6 any determinations with respect to this claim, request for such a 7 determination is hereby made. 8 WHEREFORE, MMBI demands the sum of $67, 504 .82 , and any such 9 other sums as are proper, plus interest. Jurisdiction of this claim 10 would rest with the Superior Court. 11 DATED: February 4, 1991 12 TONSING & TONSING 13 14 G7� 15 B P. O S 16 ttorneys r Claimant MEEHLEIS MODULAR 17 BUILDINGS, INC. 18 19 20 21 22 23 24 25 26 27 JP7/428.5/Meehleis/CoCoCo2.noc 4 28 CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (§§2,3) Parties: [Public Agency] Contra Costa County, [Contractor] Meehleis Modular Buildings, Inc. (§2) Effective Date: July 14, 1988 [See §4 for starting date.] (§3) The Work: Marsh Creek Detention Facility, Dorm 1, (0928-WH222E) Design and construct a 120-bed dorm for the Minimum Security Detention Facility located at 12000 Marsh Creek Road, Clayton, California. The project consists of one building, totaling approximately 14,700 square feet, paving, landscaping and security fencing. (§4) Completion Time: (a) Starting Date: uyl z /SSCP (Notice to Proceed) (b) Within 150 calendar days from starting date. 05) Liquidated Damages: $ 800.00 per calendar day. (§6) Public Agency's Agent: George Roemer, Director, Justice Systems Programs (57) Contract Price: $1,361,850 of which $64,850 is a supplemental work allowance. (58) Federal Taxpayers I.D. or Social Security No. : qJL/ - 29-7132.) 2. SIGNATURES & ACKNO GEMENT.( Public Agency, (President, Chairman or Other D'irectl Justice System Designated Representative) rograms (Secretary) Contractor, hereby also acknowledging awareness of and compliance with. Labor Code §1861 concerning Workers' C mpensat'on Law. By: ' [ e 'gnate of 'cial apacity in the business] [CORPORATE By: SEAL] [Design official capacity, in the business] Note to Contractor: (1) Execute acknowledgment form below, and (2) if a corporation, affix Corporate Seal. State of California ) ss. ACKNOWLEDGEMENT (by Corporation,. County of San Joaquin ) Partnership, or Individual The person(s) signing above for Contractor, known to me inindividual and business capacity as stated, personally appeared before me today to acknowledge that he/they executed it and that the corporation or partnership named above executed it. Dated: July 27, 1988 [NOTARIAL Linda Lea Caldwell SEAL] Notary Public. Form approved by County Counsel (Page 1 of 4) OFFICIAL SEAL _ LINDA LEA CALDWELL NOTARY PUBLIC-CALIFORNIA Principal Office in San Joaquin County My Commission Expires April 12.1991 ! " 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract incorporating by these references the material ("special terms") in Section 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties' and the Public Agency shall never have to pay more than specified in Section 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in .the specifications or the Notice to Proceed; and shall complete it as specified in Section 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within, the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency and reasonable sum specified in Section 1, the. result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of Agency to damages for noncompletion or delay hereunder. Pursuant to Government Code Section 4215, the Contractor shall not be assessed liquidated damages fro delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The pians, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to cooperate, so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences or opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Section 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month, the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency or its Agent, minus 10% thereof pursuant to Government Code Section 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for materials or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days .after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the contractor shows that all claims for labor and material have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notice have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. Page 2 of 4 9. INSURANCE. (Labor Code 551860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workers' Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval . good and sufficient bonds with sureties, in amounts(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refusesor neglects, without fault of the Public Agency or its agent(s), to supply sufficient material or workmen to complete this agreement and work as provided herein, for a period of ten days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the of the California Labor Code (beginning with Section 1720, and including Sections 1735, 1777.5, and 1777.6 forbidding discrimination) and intend that this agreement complies therewith. the parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Section 1775 and 1813, concerning prevailing wages an hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 554100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations are ascertained the general prevailing rates of wages per diem, an for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of eight hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for all Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rata is specified, the Contractor shall immediately notify the Public Agency which shall promptly. determine the prevailing wage rate therefor and furnish the Contractor with the minin++m+ rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and. economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. Page 3 of 4 ? 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contracts as prescribed; nor shall the Public Agency thereby stopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HARMLESS 6- INDEMNIFY. (a) "Indemnification. Contractor shall defend, indemnifI. sav d hold harmless Public Agency and its officers and employees from any and 11 claims, costs and liability for any damages, injury or death arising dir y or indirect rom or connected with the services provided hereunder, due to or aimed or alleged to due to negligent or wrongful acts, errors of omissions of Con ctor or any person under i control, save and except claims or litigation arising ough the sole negligence or so willful misconduct of Public Agency, and will a good to and reimburse Public Ag or any expenditures, including reasonable a orneys fees, Public Agency may make by real of such matters and, if requested by is Agency, will defend any such suits at the sole st and expense of Contractor." (b) The indemnities benefit and protected by this pro are the Public Agency,and its elective and appointive boar commissions, officer agents and employees. (c) The liabilities protected again a nay lia ' ity or claim for damage of any kind allegedly suffered, incurred or threat be a of actions defined below, including personal injury, death, property damage, rse condemnation, or any combination of these, regardless of whether or not such 1' 1 ty, claim or damage was unforeseeable at any time before the Public Agency roved improvement plan or accepted the improvements as completed, and inclu the defens of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing li ity are any act or omission egligent or not-negligent) in connection with the tters covered by this contract d attributable to the contractor, subcontrac (s), or any officer(s), agent(s) or emp ee(s) of one or more, of them. (e) Non-Condi ons: The promise and agreement in this section is not ditioned or dependent o whether or not any Indemnities has prepared, supplied or a ved any plan(s), awing(s), specifications) or special provision(s) in connection w this work, insurance or other indemnification covering any of these matters, or the all ed damage resulted partly from any negligent or willful misconduct of emnitee. 21. EXCAVATION. Contractor shall comply with the provision of Labor Code Section 6705,if applicable by submitting to Public Agency a. detailed plan showing the design of whoring, bracing, sloping, or other provisions to be made for worker protection from the haw d of caving ground during trench excavation. 20. INDE NIFICATION. Contractor shall defend, indemnify, save and hold harmless Public Agency and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from or connected with the services provided hereunder, due to or claimed or alleged to be due to negligent or wrongful acts, errors sir omissions of Contractor or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency or any expenditures, including reasonable- are nested by Public,Agencyc ill defAgency end any such y make- by reason of such natters 4 suits at the sole cost .and expense of Contractor. Page 4 of 4 . CO Q,nty Administrator ` Contra Board of Supervisors Tom Powers Justice System Programs Costa E CE IV E 1st District 651 Pine Street 8th Floor Nancy C.Fanden County / 2nd District Martinez,California 94553 Uf t �/ ^J (� n (415)374-4855 646-4855 SEP 17 19919- Robert 1.Schroder F...c ��f• -'-' c..p�. 3rd District Phil Batchelor Sunne Wright McPeak County Administrator MEEHLEIS -y�► MODULAR BUILDINGS, INC. 4th District . �•'." Tom Torlakson :+tie 5th District September 14, 1990 �Nr REVI�`�rED fi � UJ 2pyo �Z�•� Mr. William T. Meehleis, President' J.P.T. Meehleis Modular Buildings, Inc. COY iCiL„1 1303 East Lodi Ave. Lodi, CA 95240 ❑ COPY TO SUBJECT: Punchlist MAILED 7 7 BY. Dear Mr. Meehleis: On September 5, 1990 Wayne Barker inspected the dormitories to evaluate the remaining punchlist work remaining. The following items from the March 17, 1989 punchlist were completed: Reference No. Description 15 Caulking at exterior door frames 16 Roll down doors alignment and door stops The following items mentioned in the October 2, 1989 list of repairs have been completed: The perimeter light at D dorm was supplied and installed by County forces. The light supplied by Meehleis has been placed in storage by the County (Item 9). The door latches appear to be repaired at E dormitory. (Item 13). The exterior door frame warping and bowing and lack of caulking mentioned in the County's July 6, 1990 letter has also been corrected. The items remaining from the various punchlists are as follows: March 17, 1989 Punchlist Item 5, Caulk around shower head escutcheons. Item 60, HVAC balancing test report October 2, 1989 Punchlist Item 8, (E Dorm), bottom plate at toilet partition still needs to be installed. Item 6, (F Dorm), carpet problem at module line which is out of alignment. EXHIBIT 1990 r .cr Also a small number of ceiling tiles (estimated at 4 to 6) in dormitory G need to be replaced around a sprinkler head in a sleeping area. The whole issue of shower tile and vinyl flooring needs to be resolved to the satisfaction of the County & was not considered in this inspection. The other issues noted above need to be resolved immediately. Please contact us to provide a date when these items will be completed. Sincerely, /L/./ Wayne B rker, P.E. Construction Manager WB/sw cc: G. Roemer D. Schmidt G. MacClelland K1.3, K20.1 S . ,co n Administrator Contra. Board of Supervisors } Tom Powers Justic ;Sy ,tem Programs Costa list District 651 Pin Str et,8th Floor t Nancy C.Fanden Martinei;rdlifornia 94553 County 2nd District (415)372 855 64 6-48 5 5 Robert 1.Schroder o,. 3rd District Phil Batchelor County Administrator aC Sunne Wright McPeak ^r — �'; 4th District Tom Torlakson 5th District October 25, 1990Co.. yv Mr. William T. Meehleis, President Meehleis Modular Buildings, Inc. 1303 East Lodi Ave. Lodi, CA 95240 SUBJECT: Marsh Creek Detention Center Dorms 1 and 2, Time Extension Dear Mr. Meehleis: 1 We have examined the project documentation along with the information you supplied in your July 23, 1990 letter in which you request a time extension. We have concluded that Meehleis Modular Buildings is due twelve (12) calendar days time extension due to weather (rain) delays. MMB is also due a further nine (9) day time extension due to lack of access caused by wet site conditions delaying the fence installation operation. The total time extension due, therefore, is. twenty-one (21) calendar days. This extends the contract completion date from March 25, 1989 to April 15, 1989. Attached is Change Order No. 33 granting the appropriate time extension. Please sign and return all three copes. An executed original will be forwarded to you when complete. The project was accepted as substantially complete on April 21, 1989, (see G. MacClelland letter of that date) six calendar days after the revised contract completion date. Based on the contract's liquidated damages rate of $800.00 per calendar day, Meehleis Modular is liable for liquidated damages totalling $4,800. This amount will be subtracted from the amount (-if any) owed to Meehleis Modular Buildings. If you have any questions concerning this matter please contact me. Sincerely, �f V Gerry acClelland, AIA Proj ct Manager cc: G. Roemer C ` Y D. Schmidt K1.3, K10.1, K14.6, K20.3 NQV L 1990 0006.1tr ViE�F_tat.ElS M0 9UL.AR 3UILDiNGS. I C• EXHIBIT VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL Ah , 4 WO �, PHIILIP S�ALTHOFF CONTRA COSTA COON i SHARON IS.ANDERSON SILVANO B.MARCHESI '+ � ANDREA,W.CASSIDY ARTHUR W.WALENTA,JR. COUNTY ADMINISTRATION BUILDING ` I vl['6&L.DAWES ASSISTANTS MICHAEL b.FARR 1 P.O.BOX 69 LILLIAN T.FUJII PHONE(41 5)646-2074 i NIS C.GRAVES FAX(415)646-1078 MARTINEZ.CALIFORNIA 94553-0006 ANN M.HANSEN KEVIN T.KERR EDWARD V.LANE,JR. MARY ANN UCNETT August 10, 1990 PAUL R.MUNIZ VALERIE J.RANCHE DAVID F.SCHMIDT DIANA J.SILVER VICTORIA T.WILLIAMS Jon P. Tonsing Tonsing & Tonsing 500 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596-3802 Re: Marsh Creek Detention Facility Dorms I and II Dear Mr. Tonsing: This office has received your letter dated August 3, 1990, which was faxed to us that same day'. We are sending this letter as a reply. Earlier this week, following our receipt of your letter, you telephoned us to propose a non-binding inspection and report by the Northern California Ceramic Tile Industry (N.C.C.T.I . ) , a trade association of which The Tile Place is a member. Yesterday, an inspection of the showers at the Marsh Creek Detention Facility was conducted by Cecil Robertson of the N.C.C.T. I . for the purpose of determining what is causing the water damage, whether the tile work performed by the sub- contractor (The Tile Place) complies with industry standards, and what repairs are recommended to correct the damage. Mr. Robertson has indicated that he will prepare a written report setting forth his findings and recommendations sometime during the week of August 20, 1990 . In arranging this inspection, you and I have both agreed that the report's conclusions would not be binding on your client or the County, and that either side would be free to use Mr. Robertson as an expert witness, if later desired. During Mr. Robertson's inspection, I consented to your video- taping the damage present in the various shower areas . As was the case at our meeting held on July 23, 1990, you and I agreed that any conversation recorded on the videotape would be treated as settlement discussions, and would not be admissible as evidence in any future litigation. In case additional investigation and inspection is required, we have sent you information about two potential waterproofing experts -- CMI and Simpson, Gumpertz & Heger, Inc . This information was furnished pursuant to our discussion of jointly hiring an expert to investigate the shower problems . We would EXHIBIT s Jon P. Tonsing -2- August 10, 1990 appreciate your reviewing these materials, so a timely decision can be made. As indicated in Gerry MacClelland's July 6, 1990 letter (Ten-DayNotice) , the cause of the leakage and the adequacy of the proposed repairs must be properly investigated and documented before the showers can be repaired. Inasmuch as your client is now working with the County to investigate and resolve the shower problems , the County considers this an adequate response to that portion of the Ten-Day Notice. Hopefully, the parties will soon arrive at a fair resolution of these problems . However, should a resolution not be forthcoming, the County, of course, reserves the right to carry through with the actions described in the Ten- Day Notice. At the July 23 , 1990 meeting, we emphasized that the County considers your client responsible for the problems in the showers and drying areas, because this was a design-build job. According to Miller and Starr, when a contractor prepares plans and specifications for the owner, he assumes the same level of responsibility as an architect. In such cases , the contractor impliedly warrants that the plans and specifications will be suitable for the construction of the improvements and that the completed improvements will be suitable for their intended use. (Miller & Starr, Current Law of California Real Estate (Revised) vol. 1, pt. 2, p. 442 . ) The County disagrees that your client can avoid this responsibility on grounds that the County reviewed the plans or that the County supposedly had superior knowledge about the shower, problems . In reality, your client was equally aware of the problems that had cropped up with the showers in the earlier-constructed dorms . (See RFI No. 1004 . ) Notwithstanding our different analysis of the liability issue, we agree with you that it may be productive, for the time being, to keep this disagreement subdued while the parties attempt to negotiate a resolution of the shower. problems. -For this reason, we will refrain from citing additional authorities or making additional arguments in support of the County's position. Finally, you have asked this office to confirm that your client's time for presentation of a claim for payment of $67,504 . 82 has not yet commenced to run. To save you and your client the time and expense of filing a claim at this time, we are willing to make the following accommodation. Provided that a written claim is filed with the County no later than January 1, 1991, the County will treat the claim the same as if it had been filed by the date ,of your letter (i.e. , August 3, 1990) . To the extent the claim would be timely if filed on August 3rd, the claim will likewise be timely if filed by the extended date. on the other hand, if a claim filed on August 3rd would already be t Jon P. Tonsing -3- August 10, 1990 time-barred, filing by the extended date will not resurrect the claim and the County will retain the defense that the claim was not timely filed. This compromise will spare you the hassle of filing a claim now, but will not forfeit any rights that the County may already have acquired. Should your client file a claim after January 1, 1991, the date of actual filing will govern timeliness, and the extension shall not be considered in evaluating the timeliness of filing. Very truly yours, Victor J. Westman County Counsel By: David F. Schmidt Deputy County Counsel DFS:fjb cc: Phil Batchelor, County Administrator Attn: George Roemer, Director, Justice System Programs Gerry MacClelland, Project Manager Richard R. Rainey, Sheriff Attn: Jerry Mitosinka, Asst. Sheriff The Continental Insurance Company (Bond No. 968G3178; 7-22-88) The Travelers Indemnity Company (Bond No. 968G3178; 7-22-88) VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL PHILLIPS.ALTHOFF CONTRA COSTA COUNTY SHARON L.ANDERSON STHUR B.M ENTA.JI ANDREA W.CASSIDY ARTHUR W.SI TALENTA,JR. VICKIE L.DAWES ASSISTANTS COUNTY ADMINISTRATION BUILDING MICHAEL D.FARR P.O.BOX 69 LILLIAN T.FUJII PHONE(415)646-2074 DENNIS C.GRAVES FAX(415)646-1078 MARTINEZ.CALIFORNIA 94553-0006 ANN M.HANSEN KEVIN T.KERR EDWARD V.LANE.JR. . -. MARY ANN tCNETT PAUL R.MUNIZ VALERIE J.RANCHE DAVID F.SCHMIDT December 20, 1990 22 DIANA J.SILVER S 1„ I. i( , Jon P. Tonsing } Tonsing & Tonsing 506 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596-3802 Re: Marsh Creek Detention Facility Dorms I and II Dear Mr. Tonsing: This letter will confirm our telephone conversation of this date wherein it was agreed that we would extend the time to file a written claim with -the County in the above noted matter from January 1, 1991 to January 7, 1991 . Very truly yours, Victor J. Westman County Counsel to en J. Bentle Secretary O David F. Schmidt I -------------------------- FJB EXHIBIT._.._._ LAW OFFICE OF TONSING & TONSING 500 YGNACIO VALLEY ROAD,SUITE 300 WALNUT CREEK,CALIFORNIA 94596-3802 TELEPHONE(415)947-1600 . TELECOPIER(415)947-1990 August 3, 1990 VIA TELECOPIER David F. Schmidt, Esq. Deputy County Counsel Contra Costa County Administration Building P.O. Box 69 Martinez, CA 94553 Re: Marsh Creek Detention Facility Dorms I and II Our File Number 428.5 Dear David: This letter is intended to follow up on a number of matters which we discussed in our meeting of July 23, 1990. At that meeting we reviewed topics relating primarily to four punch list items , and a number of warranty items, using Mr. MacClelland's letter of July 6, 1990 as an agenda.' We agreed that you would be supplied with timetables for the various responses to that letter, as well as this firm's legal analysis of our client's legal obligations with regard to the water penetration. This letter is intended to address those issues. I will address them in the sequence set forth in Mr. MacClelland's letter of July 6, 1990, except that I will discuss the water penetration issue last. DESClZ P ON SO tT L.T.I L. Z`TON Caulk around shower head This item needs to be held in (behind escutcheons abeyance pending the where pipe penetrates tile) . investigation on the water penetration issue. Caulking at door frames. This item will be addressed by August 10, 1990. ' We all agreed that the discussions were for settlement purposes and that they would not be used by any party in the event we are unable to resolve any controversies and the matter ends up in court. JPT/Meehleis/428.5/Schmidt1.ltr EXHIBIT David F. Schmidt, Esq. August 3, 1990 Page 2 DESCRIP2`IOI�F Roll down door alignment. Cookson Door says that they will address this by August 10, 1990. Submitting certified HVAC The HVAC subcontractor has balancing test report. agreed to supply you with a letter certifying that the HVAC system was balanced in accordance with SMACNA standards. Grouting or caulking around This item needs to be held in shower fixtures behind abeyance pending the escutcheon plates. investigation on the water penetration issue. Installation of wall mounting All the plywood was verified items into backing. by the in-plant inspector. MMBI has some still photos, but the ones they have been able to locate thus far do not cast any light on this issue. Reinstall and grout soap dish. This item needs to be held in abeyance pending the investigation on the water penetration issue. Repair leaking sprinkler head MMBI 's plumbing subcontractor in shower. has agreed to complete this by August 10, 1990. Reinstall base trim of toilet This item will be addressed by partition. August 10, 1990. Add caulking at door frame to This item will be completed by water heater room. August 10, 1990. Replace three missing soap This item needs to be held in dishes. abeyance pending the investigation on the water penetration issue. Missing screws on shower door The County has agreed to top rails. correct this item. JPT/Meehleis/428.5/Schmidt1.ltr David F. Schmidt, Esq. August 3, 1990 Page 3 I7ESCI�IPTION . OLUTION Certification that all The, shower walls are not partition walls have solid required to have plywood plywood backing per contract backing (see sheet A2, drawing documents. 2) . All the plywood was verified by the in-plant inspector. MMBI has some still photos, but the ones they have been able to locate thus far do not cast any light on this issue. Perimeter light has not been A perimeter light is presently installed. on order and is scheduled to arrive at the electrical subcontractor's shop by August 8, 1990. MMBI 's electrical subcontractor has been instructed to have the perimeter light installed by August 10, 1990. The vinyl flooring outside the This item needs to be held in showersabeyance pending the investigation on the water penetration issue. The missing bottom plate (E This item will be addressed by Dorm) . August 10, 1990. The screws to the door latch This item will be addressed by hardware. August 10, 1990. Wetness within walls in shower Discussed below. area. _ Carpet at module line which is After site review, MMBI has out of alignment. concluded the carpet seam has worn due to overuse. Discoloration and separation This item needs to be held in of vinyl. abeyance pending the investigation on the water penetration issue. Door frame matters. These items will be addressed by August 10, 1990 JPT/Meehteis/428.5/Schmidt1.ttr 1 David F. Schmidt, Esq. August 3, 1990 Page 4 REOUEST FOR INSPECTION Please have Mr. MacClelland directly contact MMBI after August 10, 1990 to arrange for an inspection of the completed items. WATER PENETRATION ISSIIE From my perspective, the water penetration matter really presents two significant issues. First, from a practical perspective, what should be done to address the problem, and, second, what are the legal responsibilities of the owner, architect, contractor, and subcontractor? I will address these issues in sequence. The County and MMBI are in complete agreement that further information through an expert is necessary to determine the cause of any water penetration difficulties and the recommended solution. At our meeting of July 23 , 1990, the County stated that it had some consultants in mind and that it would furnish MMBI with these names in the near future. We discussed the prospect of jointly hiring an expert to investigate this subject. As of this date, we have not heard anything further about the experts which the County has in mind. This firm is also pursuing an independent inspection, at MMBI 's expense, through the Tile Counsel of America. We have contacted them, and are attempting to schedule an inspection as soon as possible. Once we have the inspection information, both the County and MMBI will be in a much better position to discuss an amicable resolution of the problem. MMBI wishes to assure you that whatever the report(s) disclose, and whatever the law provides, it is interested in helping the County, in good faith; to find a fair resolution to the problem. THE LEGAL ISSIIE When we met, I agreed to 'review the contract documents and provide you with my assessment of whether a "design and build" concept rendered MMBI legally responsible for any design deficiencies which might be causing the water penetration problem. I have completed my initial review of the* contract documents and the law and, in my opinion, MMBI is not legally responsible for any design deficiencies which might be causing the water penetration problem. I explain the basis for my conclusion below. JPT/Meehleis/428.5/Schmidt1Atr David F. Schmidt, Esq. August 3, 1990 Page 5 At our meeting of July 23, 1990, the representative from the Tile Company suggested that the water penetration problems were possibly being caused by an improper design. The County suggested at the July 23 , 1990 meeting that because the contract was let on a "design and build" basis, MMBI would be responsible for any design defects. I have some doubt as to whether the contract is properly characterized as a design and build contract. The specifications are approximately one inch thick. I have been unable to locate any mention in the contract documents that the contractor has any design responsibilities. The six sheets of plans which were furnished with the bid package are somewhat detailed, and they, like the specifications, say nothing about any waterproofing. Rather, the specifications require "Wonder Board, "2 which I understand is incompatible with a waterproof membrane. Given these facts, it would certainly be reasonable for a bidder to conclude that no special waterproofing was required. Further, given the specificity of the plans and specifications and the lack of any express contractual requirement for the contractor to undertake major design responsibilities, it is somewhat doubtful as to whether this is properly characterized as a "design and build" contract. Rather, it is more likely that the contract contemplated the contractor preparing a set of working drawings, a regular occurrence in the construction industry which does not give rise to any higher level of potential liability on the part of the contractor. In addition, the plans prepared by MMBI were all approved by the County, and any work performed was inspected by a County representative. If a contractor follows the owner' s drawings and specifications, he will not be held in breach of contract if the sought after result is not received. In Sunbeam Construction Co. v. Fisci (1969) 2 Cal.App.3d 181, the court considered a situation where a contractor performed in exact accordance with the owner's drawings and specifications. Those drawings and specifications called for a flat roof rather than a pitched roof. The court found that the contractor was not liable for the failure of the roof to protect against rain and other elements. The court also determined that there was a claim for breach of an implied warranty of fitness was not proper, since the work was performed in accordance with the plans and specifications. 2 See Division 9, "Finishes," number 4. JPT/Meehleis/428.5/Schmidt1.ltr David F. Schmidt, Esq. August 3, 1990 Page 6 Earlier, we questioned whether this is truly a design and build type contract. One court described the term "design and build contract" to mean a "trade term" which applies to an agreement whereby the owner provides drawings or information not so detailed as to be considered suitable for construction use for the purpose of " . . . allow[ing] construction to start while the final drawings and details are being prepared so that work on the detailed engineering plans can proceed during the time that preliminary construction is underway. " (Armour and Company v. Scott (1972) 360 F.Supp. 319. ) As noted in Armour, supra: In theory, this type of arrangement. should permit the work to move more rapidly and result in completed construction at an earlier date. It is obvious however, that since many details have not been agreed . upon by the parties before work begins, that opportunities for error, delay and expensive changes are increased over those not infrequent instances which might be expected in the normal construction contracts. Even if this case fits the definition in Armour, and is subject to any special rules relating to design and build contracts, MMBI is not legally responsible. In Armour, supra, the owner and contractor entered into a "design and build" contract for the construction of a meat processing plant. Armour supplied the contractor with detailed drawings and specifications, but not so detailed that they could be considered suitable for construction purposes. Although Armour was aware of potential problems which could be created from vapor and moisture under the roof, they did not include a vapor barrier in the specifications for the roof which were part of the contract documents. In rejecting Armour's claim against the contractor, the court stated that "Armour is in no position to complain of the design of the roof construction when it had more knowledge of the conditions under which the plant would operate than the contractor but failed to insist upon the vapor barrier. " (Armour, supra at p. 327. ) In the present case, . the County could have easily specified a vapor barrier,3 however, it did not. 3 Such a specification would have resulted in higher bids, because of the markedly increased cost of construction of such a system. JPT/Meehleis/428.5/Schmidtl.ltr David F. Schmidt, Esq. August 3, 1990 Page 7 CONCLUSION REGARDING WATER PENETRATION As mentioned already, MMBI wishes to achieve a solution that is workable for all concerned. In the event you disagree with my legal analysis, I suggest that we keep any disagreement somewhat subdued until the consultants' reports are in, and then have an informal meeting to discuss how we intend to proceed. It may be that the practicalities of the situation and MMBI 's desire to reach a good faith resolution may override any legal analysis. Let's wait and see what the facts and figures are before either the County or MMBI takes a firm stand. LIQUIDATED DAMAGES At our meeting of July 23, 1990, MMBI presented further substantiation for its time extension request. Mr. MacClelland stated that this would be reviewed independent of the questions addressed above. Please provide us with a response to MMBI 's request for a time extension as soon as possible. PAYMENT OF OUTSTANDING BALANCE According to MMBI 's calculations, it is owed the sum of $67, 504 .82 with regard to the project.4 As we discussed during the meeting, MMBI would like to reach an understanding with the County as to when it may expect payment. It is understandable for this decision to be delayed until after the items set forth above have been resolved. Nevertheless, we wish to make sure that MMBI preserves its rights and does not become barred by a statute of limitations from pursuing its claim. We think the County is in agreement that MMBI 's time for presentation of a claim has not commenced to run, since the County has not expressed any intention to ultimately withhold payment from MMBI. Please confirm that this is the case. If not, we will serve a notice of claim to preserve MMBI's rights pending the consultants' investigation and our efforts to achieve an amicable resolution. 4 $1,962.14 relates to purchase order number 64935. JPT/Meeh1eis/428.5/Schmidt1A tr David F. Schmidt, Esq. August 3, 1990 Page 8 CONCLUSION Please call me on the telephone once you have had an opportunity to review this letter. Sincerely, TONSING & TONSING B P. Trn JPT/tms cc: William T. Meehleis Gerry MacClelland Craig Bedell Jack Casey JPT/Meehleis/428.5/Schmidtl.ltr 1 2 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015. 5 3 I declare that I am employed in the County of Contra Costa, California. I am over the age of eighteen years, and not a party to 4 the within cause; my business address is Tonsing & Tonsing 500 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94596. 5 On February 4, 1991 I served the following document(s) : 6 1. AMENDED NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA 7 (Government Code §§900, et seq. ) 8 by placing a true copy thereof enclosed in a sealed envelope, postage fully prepaid, in the ordinary course of business, for 9 collection and mailing that same day at the law office of Tonsing & Tonsing, 500 Ygnacio Valley Road, Suite 300, Walnut Creek, 10 California 94596, addressed as follows: 11 Contra Costa County Clerk, of the Board of Supervisors 12 651 Pine Street, Room 106 Martinez, CA 94553 13 David F. Schmidt, Esq. 14 Deputy County Counsel Contra Costa County 15 Administration Building P.O. Box 69 16 Martinez, CA 94553 17 I declare that I am readily familiar with the business practice of Tonsing & Tonsing for collection and processing of correspondence 18 for mailing with the United States Postal Service and that the correspondence would be deposited with the United States Postal 19 Service that same day in the ordinary course of business. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this 21 proof of service by mail was executed on February 4 , 1991 at Walnut Creek, California. 22 23 24 25 L Q SUSAN E. BURROUGHS 26 27 28 s-' a RR A to N 4 o �o Q')a d' - o � v � v vs. NOv � a � .0 � Vit- �W¢' s r V U ® C?3 s cc -0 � cc m � a o LAW OFFICE OF TONSING & TONSING 500 YGNACIO VALLEY ROAD,SUITE 300 WALNUT CREEK,CALIFORNIA 94596-3802 TELEPHONE(415)947-1600 . TELECOPIER(415)947-1990 February 4, 1991 RFV FEB 5 1991 RECEIVE® COUNTY i:UUNISEL MARTINE& CALIF. Phillip S. Althoff, Esq. FEg 51991 Deputy County Counsel Contra Costa County Counsel ✓ b., Administration Building CLERK BOARD OF SUPERVI .P.O. Box 69 CONTRA COSTA CO. Martinez, CA 94553 Re: Our Client: Meehleis Modular Buildings, Inc. Our File No: 428 . 5 Dear Mr. Althoff: This letter pertains to the notice of claim on behalf of Meehleis Modular Buildings, Inc. which was sent to the Clerk of the Board of Supervisors on January 7, 1991. That claim was returned to us, along with a form signed by Deputy Clerk J. Bosarge which stated that the claim had been returned after being reviewed by counsel because: "Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government code Sections 901 and 901. 2 . ) " This notice was dated January 18, 1991 and received by us on January 23 , 1991. I have been working on this case with Deputy Counsel David F. Schmidt since July 1990. Upon receiving the notice of the purportedly late claim, I contacted him on the telephone, to learn that nobody had consulted him in acting upon the claim. He told me not to worry about the notice of late filed claim, and that he would check into it. The next day, on January 24 , 1991, I talked again to Mr. Schmidt. He told me that you were the Deputy who had reviewed the claim and that you were not aware of previous correspondence between Mr. Schmidt and me or other underlying facts with regard to this construction case. Mr. Schmidt said he did not anticipate there would be any problem if I would resubmit my claim, including the correspondence between us and amending the claim to state when payment was due. A copy of such a resubmitted claim is enclosed with this correspondence. JPT/428.5/Meehleis/County1.(tr Phillip S. Althoff, Esq. February 4, 1991 Page 2 As you are probably aware, the County has been holding payment to MMBI in abeyance for some time while it considered and acted upon requests for time extensions, while various punchlist and warranty items have been addressed, and while a water leakage problem has been investigated. Depending upon their outcome, some of these matters may affect the amount of money properly payable to Meehleis Modular Buildings, Inc. Thus, Meehleis Modular Buildings, Inc. has been cooperating with the County by attempting to address these matters before making a demand for payment. MMBI has been and continues to be agreeable to having some sense of resolution on these matters before it will press the County for payment. It is only as a precaution that MMBI is serving the notice of claim. MMBI believes that the period for presentation of claims has not even begun, but does not want to risk encountering a contrary viewpoint from the County. This position was expressed in my letter to Mr. Schmidt of August 3, 1990 which stated: "According to MMBI 's calculations, it is owed the sum of $67, 504 .82 with regard to the project. [Footnote omitted. ] As we discussed during the meeting, MMBI would like to reach an understanding with the County as to when it may expect payment. It is understandable for this decision to be delayed until after the items set forth above have been resolved. " "Nevertheless, we wish to make sure that MMBI preserves its rights and does not become barred by a statute of limitations from pursuing its claim. We think the County is in agreement that MMBI 's time for presentation of a claim has not commenced to run, since the County has not expressed any intention to ultimately withhold payment from MMBI. Please confirm that this is the case. If not, we will serve a notice of claim to preserve MMBI ' s rights pending the consultants ' investigation and our efforts to achieve an amicable resolution. " Mr. Schmidt has agreed with me on the telephone that the time for presentation of a claim had probably not even commenced to run as of the date of that letter. To prevent the filing of an unnecessary claim, he wrote to me on August 10, 1990 and stated as follows: Finally, you have asked this office to confirm that your client's time for presentation of a claim for payment of $67,504 .82 has not yet commenced to run. To save you and your client the time and expense of filing a claim at this time, we are willing to make the following JPT/428.5/Meehleis/Countyl.ltr Phillip S. Althoff, Esq. February 4, 1991 Page 3 accommodation. Provided that a written claim is filed with the County no later than January 1, 1991, the County will treat the claim the same as if it had been filed by the date of your letter (i.e. , August 3 , 1990) . To the extent the claim would be timely if filed on August 3rd, the claim will likewise be timely if filed by the extended date. On the other hand, if a claim filed on August 3rd would already be time-barred, filing by the extended date will not resurrect the claim and the County will retain the defense that the claim was not timely filed. This compromise will spare you the hassle of filing a claim now, but will not forfeit any rights that the County may already have acquired. Should your client file a claim after January 1, 1991, the date of actual filing will govern timeliness, and the extension shall not be considered in evaluating the timeliness of filing. " Mr. Schmidt picked the date of January 1, 1991 because we felt that the investigation of the water leakage problem would be completed by that doubt. Unfortunately, for reasons apparently beyond the control of either the county or MMBI, the investigation still has not been completed. When I could not reach Mr. Schmidt during the close of 1990 to find out whether another extension would be granted, I was given a provisional one until January 7, 1991. Mr. Schmidt and I later discussed the matter and decided that even though the time had not started to run, it would be best to present a claim. Thus, a claim was mailed on January 7 , 1991. As you probably are aware, properly mailed claims are deemed to have been presented and received at the time of deposit in the mail. The County's response characterizes the MMBI claim as one for injury to person or personal property. This is not correct. MMBI 's claim is for breach of contract, or in the alternative, for the value of the goods received by the County. My opinion is that these types of claims are governed by a one year presentation requirement. (See Baillargeon v. Department of Water and Power of City of Los Angeles (1977) 138 Cal.Rptr. 338, 69 Cal. App. 3d 670, Voth v. Wasco Public Utility Dist. (1976) 128 Cal.Rptr. 608, 56 Cal.App.3d 353 . ) However, MMBI has complied with the time requirement whether the six month limitation or the one year limitation applies. Mr. Schmidt asked me to resubmit the claim, stating MMBI 's position about when payment was due ,and attaching the two letters from County Counsel described above. Because we are just making the demand with the notice of claim, our position is that payment JPT/428.5/MeehLeis/CountyIAtr Phillip S. Althoff, Esq. February 4, 1991 Page 4 was not due until the initial notice of claim was presented, January 7, 1991.1 We reserve the right to seek interest against the County, if the investigation of the water leakage problem reveals that MMBI is not the source of the problem. I want to make sure you understand the consequence if you determine the claim is late once more. My client has been acting in good faith to attempt to solve any problems at the Marsh Creek job site. I believe that Mr. Schmidt will confirm our efforts in this regard. A determination that the claim is late will mean that no matter what MMBI does, the County believes that it has no obligation to pay MMBI for its work. This would be contrary to the good faith spirit with which MMBI has been dealing with these issues thus far, and would result in a marked change in MMBI ' s attitude. If you have any questions about the enclosed material, please call me on the telephone. Sincerely, TONSI NSING on Pon in JPT/tms enclosure cc: David F. Schmidt, Esq. Meehleis Modular Buildings, Inc. 1 Actuall as stated above at this y, point MMBI is not pressing the County for payment, and would prefer to allow a reasonable amount of time to address the water leakage issue before any effort to determine a fair compensation figure is made. This claim is being presented as a precaution, because the County will not emphatically state that time is not running. JPT/428.5/Meehleis/County1.ltr C^P4 1 JON P. TONSING, ESQ. TONSING & TONSING 2 500 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596 3 Telephone: (415) 947-1600 4 Attorneys for Claimant MEEHLEIS MODULAR BUILDINGS, INC. 5- 6 7 In the Matter of the Claim of 8 MEEHLEIS MODULAR BUILDINGS, INC. , AMENDED NOTICE OF CLAIM 9 AGAINST THE COUNTY Claimant, OF CONTRA COSTA 10 VS. (Government Code §§900, 11 et. seq. ) COUNTY OF CONTRA COSTA, 12 A public entity. 13 14 MEEHLEIS MODULAR BUILDI-NGS, INC. (hereinafter "MMBI") hereby 15 presents this claim to the County of Contra Costa (hereinafter "the 16 County") pursuant to Government Code §900 ,and following and any 17 applicable portions of the agreement between MMBI and the County 18 relating to the construction of the Marsh Creek Detention Facility, 19 Dorms I and II: 20 1. Name and address of claimant is: 21 MEEHLEIS MODULAR BUILDINGS, INC. 1303 East Lodi Avenue 22 Lodi, California 95240 23 2 . Name and address to which claimant desires notice of its 24 claim to be sent is: 1 25 JON P. TONSING, ESQ. TONSING & TONSING 26 500 Ygnacio Valley Road, Suite 300 Walnut Creek, California 94596 27 JPT/428.5/Meehleis/CoCoCo2.noc 1 28 1 3 . Description of claim: 2 On or about July 27, 1988, MMBI entered into a contract with 3 the County which provided, inter alfa, that the County would pay 4 MMBI the sum of $1, 361,850 of which $64,850 is a supplemental work 5 allowance (plus additional sums for any work not contemplated by the 6 contract) in exchange for MMBI 's construction, delivery, and 7 installation of two 120-bed modular dormitories at the Marsh Creek 8 detention facility. Under the specifications for the project, the 9 dormitories were to be used for housing minimum security inmates. 10 An accurate copy of the contract is attached to this notice of claim 11 and is incorporated by reference as though fully set forth. On or 12 about January 27, 1989, the County's Purchase Order No. 64935 was 13 presented to MMBI for the purchase of one covered canopy in the 14 total amount of $18, 346. The Purchase Order was subsequently 15 canceled with a balance of $1,962 . 14 incurred to comply with the 16 order by MMBI. On or about July 19, 1989, the County recorded a 17 notice of completion on the project, recognizing that "the Director, 18 Justice System Programs reports that said work has been inspected 19 and complies with the approved plans, special provision, and 20 standard specifications, and recommends its acceptance as complete 21 as of June 1, 1989. " Based upon this recommendation, the County 22 accepted MMBI 's work as complete on June 1, 1989. 23 Thereafter, and throughout most of 1990, MMBI and the County 24 have been investigating the County's assertion of water leakage at 25 the job site (this investigation has continued into 1991) , the 26 County has been considering MMBI 's request for additional time on 27 JPT/428.5/Meehteis/CoCoCo2.noc 2 28 1 the project, various punchlist and . warranty items have been 2 addressed by MMBI, and change orders have continued to be issued. 3 A copy of Wayne Barker's September 14, 1990 letter relating to punch 4 list items is attached as Exhibit "A" . A copy of Wayne Barker's 5 October 25, 1990 letter relating to time extensions is attached as 6 Exhibit "B" . 7 MMBI has not demanded payment while these events have been 8 underway. Demand for payment was made by way of MMBI 's notice of 9 claim of January 7, 1990. To the extent any claim may have accrued 10 before that, such accrual has been tolled by agreement with the 11 County, according to the terms of County Counsel 's letters of August 12 10, 1990 and December 20, 1990. Copies of those letters are 13 attached to this notice of claim as Exhibits "C" and "D" . A copy of 14 the letter to which Exhibit "C" is responding is attached to this 15 notice of claim as Exhibit "E" . 16 The County has breached the contract and the agreement created 17 by the purchase order by failing to pay MMBI the sum of $67, 504 . 82 18 which remains due under the contract and MMBI has fully performed 19 its obligations under the contract, has been excused from performing 20 its obligations under the contract, or stands ready and willing to 21 perform any remaining obligations under the contract when reasonable 22 instructions and requests are received from the County. Payment 23 became due from the County when MMBI 's demand was made, on January 24 7, 1991. 25 In addition to the County's breach of contract, in the 26 alternative, MMBI makes a claim against the County on the basis of 27 JPT/428.5/Meehleis/CoCoCo2.noc 3 28 1 a "common count" : that is, the County has received goods from MMBI, 2 for which the sum of $67,504 .82 remains to be paid to MMBI for the 3 reasonable value of such goods. 4 Only to the extent that the Supplemental Conditions, at section 5 33 , require the Construction Manager or County Administrator to make 6 any determinations with respect to this claim, request for such a 7 determination is hereby made. 8 WHEREFORE, MMBI demands the sum of $67, 504 . 82 , and any such 9 other sums as are proper, plus interest. Jurisdiction of this claim 10 would rest with the Superior Court. 11 DATED: February 4, 1991 12 TONSING & TONSING 13 14 ` 'r 15 7MEEHLIE� IS O S 16 neys r Claimant MODULAR 17 BUILDINGS, INC. 18 19 20 21 22 23 24 25 26 27 JPT/428.5/Meeh1eis/CoCoCo2.noc 4 28 CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. SPECIAL TERMS. These special terms are incorporated below by reference. 052,3) Parties: [Public Agency] Contra Costa County [Contractor] Meehleis Modular Buildings, Inc. (§2) Effective Date: July 14, 1988 [See §4 for starting date.] 03) The W6rk: Marsh Creek Detention Facility, Dorm 1, (0928-NH222E) Design and construct a 120-bed dorm for the Minimum Security Detention Facility located at 12000 Marsh Creek Road, Clayton, California. The project consists of one building, totaling approximately 14,700 square feet, paving, landscaping and security fencing. (§4) Completion Time: (a) Starting Date: Z, iSSP (Notice to Proceed) (b) Within 150 calendar days from starting date. 05) Liquidated Damages: $ 800.00 per calendar day. (§6) Public Agency's Agent: George Roemer, Director, Justice Systems Programs (§7) Contract Price: $1,361,850 of which $64,850 is a supplemental work allowance. 08) Federal Taxpayers I.D. or Social Security No. : qy - 573-7 Z� 2. SIGNATURES & ACXNOWLEDG NT.(-`- Public Agency, By: (President, Chairman or Other Directj'-, Justice System Designated Representative) 1�rograms (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code §1861 concerning Workers' mpensatJon Law. By: ' [ e 'gnate of 'cial mapacity in the business] [CORPORATE By: SEAL] [Design official capacity in the business] Note to Contractor: (1) Execute acknowledgment form below, and (2) if a corporation, affix Corporate Seal. State of California ) ACKNOWLEDGEMENT (by Corporation,. County of San Joaquin ) ss' Partnership, or Individual 'The person(s) signing above for Contractor, known to me in. individual and business ..capacity as stated, personally appeared before me today to acknowledge that he/they executed it and that the corporation or partnership named above executed it. Dated: July 27, 1988 [NOTARIAL Linda Lea Caldwell SEAL] Notary Public. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Form approved by County Counsel (Page 1 of 4) OFFICIAL SEAL _ LINDA LEA CALDWELL 'I; NOTARY PUBLIC•CALIFORNIA Principal Office in San Joaquin County My Commission Ezoires Aoril 12.1991 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise' and agree as set forth in tais contract incorporating by these references the material ("special terms") in Section 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties' and the Public Agency shall never have to pay more than specified in Section 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall complete it as specified in Section 1. 5. LIQUIDATED DAMAGES. If the -Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency and reasonable sum specified in Section 1, the, result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of Agency to damages for noncompletion or delay hereunder. Pursuant to Goverment Code Section 4215, the Contractor shall not be assessed liquidated damages fro delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to cooperate, so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences or opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Section 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) on or about the first of each calendar month, the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency or its Agent, minus 10% thereof pursuant to Government Code Section 53067, but not until defective work and materials have beea removed, replaced and made good. 8. PAYMENTS WITHM (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such; extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for materials or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the contractor shows that all claims for labor and material have been paid, no claims have been presented to the Public Agency based_ on acts or omissions of the Contractor, and no liens or withhold notice have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. Page 2 of 4 9. INSURANCE. (Labor Code 551860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workers' Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval . good and sufficient bonds with sureties, in amounts(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient material or workmen to complete this agreement and work as provided herein, for a period of ten days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the of the California Labor Code (beginning with Section 1720, and including Sections 1735, 1777.5, and 1777.6 forbidding discrimination) and intend that this agreement complies therewith. the parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Section 1775 and 1813, concerning prevailing wages an hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code §54100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations are ascertained the general prevailing rates of wages per diem, an for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of eight hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for all Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate iS specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the mini== rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's wont, and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided is Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. PREFERENCE FOR MA=UALS. The Public Agency desires to promote the industries and. economy of Contra Costa County, and the Contractor therefore promises to use tha products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. Page 3 of 4 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract/ as prescribed; nor shall the Public Agency thereby stooped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20.' HARMLESS &- INDEMNIFY. (a) "Indemnification. Contractor shall defend, indemnif sav d hold harmless Public Agency and its officers and employees from any and 11 claims," costs and liability for any damages, injury or death arising dir y or indirect rom or connected with the services provided hereunder, due to or d or alleged to due to negligent or wrongful acts, errors of omissions of Con ctor or any person under i control, save and except claims or litigation arising ough the sole negligence or so willful misconduct of Public Agency, and will a good to and reimburse Public Ag or any expenditures, including reasonable a orneys fees, Public Agency may make by reas of such matters and, if requested by is Agency, will defend any such suits at the sole st and expense of Contractor." (b) The indemnities benefit and protected by this pro are the Public Agency and its elective and appointive boar commissions, officer agents and employees. (c) The liabilities protected again a nay lia '-ity or claim for damage of any kind allegedly suffered, incurred or threat be a of actions defined below, including personal injury, death, property damage, rse condemnation, or any combination of these, regardless of whether or not such 1' i 'ty, claim or damage was unforeseeable at any time before the Public Agency roved improvement plan or accepted the improvements as completed, and inclu the defers of any suit(s) or actions) at law or equity concerning these. (d) The actions causing li ity are any act or omission egligent or aot-negligent) in connection with the tters covered by this contract d attributable to the contractor, subcontrac (s), or any officer(s), agent(s) or emp ee(s) of one or more of them. (e) Non-Condi ons: The promise and agreement in this section is not ditioned or dependent o whether or not any Indemnities has prepared, supplied or a_ ved any plan(s), awing(s), specification(s) or special provision(s) in connection w this work, insurance or other indemnification covering any of these matters, or the all ed damage resulted partly from any negligent or willful misconduct of emnitee. 21. EXCAVATION. Contractor shall comply with the provision of Labor Code Section 6705,if applicable by submitting to Public Agency a. detailed plan showing the design of whoring, bracing, sloping, or other provisions to be made for worker protection from the ha— of caving ground during trench excavation. 20. INDEIFICATION. Contractor shall defend, indemnify, save and hold harmless MN Public Agency and its officers and employees from any and all claims, costs and liability for any damages, L injury or death arising directly or indirectly from or connected with the services provided hereunder, due to or claimed or alleged to be due to negligent or wrongful acts, errors 'Dr omissions of Contractor or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency or any expenditures, including reasonable attorneys fees, Public ill d fend any such reason of such natters and, make by if requested by Public Agency. suits at the sole cost .and expense of Contractor. Page 4 of 4 . Board of Supervisors Co nty Ad m i n i strato r Contra Tom Powers Justice System Programs Costa V 1St District 651 Pine Street.8th Floor County Nancy C.Fanden / Martinez.California 94553 l)/ 2nd District r� (415),W 4855 646-4855 �F r SEP 17 1 t 990 Robert f.Schroder �pf•- ,, 3rd District Phil Batchelor County Administrator t (YIEEHLEIS sunne Wright McPeak :y -�y�► MODULAR BUILDINGS. INC.. 4th District •A:r�4 Tom Torlakson 5th District September 14, 1990 4:?:] IL N0.Mr. William T. Meehleis, President' Meehleis Modular Buildings, Inc. >, 1303 East Lodi Ave. VY iOIL�t Lodi, CA 95240 01 GOF"TOOTHERS—} SUBJECT: Punchlist MA ISS 1BY' Dear Mr. Meehleis: On September 5, 1990 Wayne Barker inspected the dormitories to evaluate the remaining punchlist work remaining. The following items from the March 17, 1989 punchlist were completed: Reference No. Descriotion 15 Caulking at exterior door frames 16 Roll down doors alignment and door stops The following items mentioned in the October 2, 1989 list of repairs have been completed: The perimeter light at D dorm was supplied and installed by County forces. The light supplied by Meehleis has been placed in storage by the County (Item 9). The door latches appear to be repaired at E dormitory. (Item 13). The exterior door frame warping and bowing and lack of caulking mentioned in the County's July 6,. 1990 letter has also been corrected. The items remaining from the various punchlists are as follows: March 17, 1989 Punchlist Item 5, Caulk around shower head escutcheons. Item 60, HVAC balancing test report October 2, 1989 Punchlist Item 8, (E Dorm), bottom plate at toilet partition still needs to be installed. Item 6, (F Dorm), carpet problem at module line which is out of alignment. EXHIBIT 1990 ,cr Also a small number of ceiling tiles (estimated at 4 to 6) in dormitory G need to be replaced around a sprinkler head in a sleeping area. The whole issue of shower the and vinyl flooring needs to be resolved to the satisfaction of the County & was not considered in this inspection. The other issues noted above need to be resolved immediately. Please contact us to provide a date when these items will be completed. Sincerely, Wayne B rker, P.E. Construction Manager WB/sw cc: G. Roemer D. Schmidt G. MacClelland K1.3, K20.1 Co ` n Administrator Contra Board of Supervisors Contra Tom Powers Justic ;Sy ,tem Programs Costa 1st District 651 Pin'Str et, Administrator Floor l Nancy C.Fanden Martinez;7G'81ifornia 94553 County 2nd District (415)372-4856 64 6-48 5 5 Robert 1.Schroder 3rd District Phil Batchelor `'•: County Administrator Sunne Wright MCPeak 41h District Tom Torlakson ak r•: P F, 5th District October 25, 1990 Mr. William T. Meehleis, President Meehleis Modular Buildings., Inc. 1303 East Lodi Ave. Lodi, CA 95240 SUBJECT: Marsh Creek Detention Center Dorms 1 and 2, Time Extension Dear Mr. Meehleis: We have examined the project documentation along with the information you supplied in your July 23, 1990 letter in which you request a time extension. We have concluded that Meehleis Modular Buildings is due twelve (12) calendar days time extension due to weather (rain) delays. MMB is also due a further nine (9) day time extension due to lack of access caused by wet site conditions delaying the fence installation operation. The total time extension due, therefore, is. twenty-one (21) calendar days. This extends the contract completion date from March 25, 1989 to April 15, 1989. Attached is Change Order No. 33 granting the appropriate time extension. Please sign and return all three copes. An executed original will be forwarded to you when complete. The project was accepted as substantially complete on April 21, 1989, (see G. MacClelland letter of that date) six calendar days after the revised contract completion date. Based on the contract's liquidated damages rate of $800.00 per calendar day, Meehleis Modular is liable for liquidated damages totalling $4,800. This amount will be subtracted from the amount (if any) owed to Meehleis Modular Buildings. If you have any questions concerning this matter please contact me. Sincerely, �3��,E'L-•-�- �f . Gerry acClelland, AIA Proj ct Manager cc: G. Roemer C ' D. Schmidt K1.3, K10.1, K14.6, K20.3 NAV 1 1990 0006.1tr ViEF_H1.EiS MODULAR 3UILDiNGS, I C- EXHlHIT LS VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL f�f DEPUTIES: COUNTY COUNSEL i PW ' 4 SO PHI LLIP S ALTHOFF SHARON,IL ANDERSON SILVANO B.MARCHESI CONTRA COSTA COU N( t E ANDREA.W.CASSIDY ARTHUR W.WALENTA,JR. DAWES ASSISTANTS COUNTY ADMINISTRATION BUILDING V+ MICHAEL 0.FARR POBOX 69 ULLIAN T.FUJII . . PHONE(415)646-2074 NIS C.GRAVES FAX(415)646.1078 MARTINEZ,CALIFORNIA 94553-0006 ANN M.HANSEN KEVIN T.KERR EDWARD V.LANE.JR. MARY ANN tCNETT August 10 1990 PAUL R.MUNIZ g VALERIE J.RANCHE DAVID F,SCHMIDT DIANA J.SILVER VICTORIA T.WILLIAMS Jon P. Tonsing Tonsing & Tonsing 500 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596-3802 Re: Marsh Creek Detention Facility Dorms I and II Dear Mr. Tonsing: This office has received your letter dated August 3, 1990, which was faxed to us that same day. We are sending this letter as a reply. Earlier this week, following our receipt of your letter, you telephoned us to propose a non-binding inspection and report by the Northern California Ceramic Tile Industry (N.C.C.T.I. ) , a trade association of which The Tile Place is a member. Yesterday, an inspection of the showers at the Marsh Creek Detention Facility was conducted by Cecil Robertson of the N.C.C.T. I . for the purpose of determining what is causing the water damage, whether the tile work performed by the sub- contractor (The Tile Place) complies with industry standards, and what repairs are recommended to correct the damage. Mr. Robertson has indicated that he will prepare a written report setting forth his findings and recommendations sometime during the week of August 20, 1990 . In arranging this inspection, you and I have both agreed that the report' s conclusions would not be binding on your client or the County, and that either side would be free to use Mr. Robertson as an expert witness, if later desired. During Mr. Robertson's inspection, I consented to your video- taping the damage present in the various shower areas . As was the case at our meeting held on July 23, 1990, you and I agreed that any conversation recorded on the videotape would be treated as settlement discussions, and would not be admissible as evidence in any future litigation. In case additional investigation and inspection is required, we have sent you information about two potential waterproofing experts -- CMI and Simpson, Gumpertz & Heger, Inc. This information was furnished pursuant to our discussion of jointly hiring an expert to investigate the shower problems . We would EXHIBIT \ a Jon P. Tonsing -2- August 10, 1990 appreciate your reviewing these materials, so a timely decision can be made. As indicated in Gerry MacClelland's July 6 , 1990 letter (Ten-Day Notice) , the cause of the leakage and the adequacy of the proposed repairs must be properly investigated and documented before the showers can be repaired. Inasmuch as your client is now working with the County to investigate and resolve the shower problems , the County considers this an adequate response to that portion of the Ten-Day Notice. Hopefully, the parties will soon arrive at a fair resolution of these problems . However, should a resolution not be forthcoming, the County, of course, reserves the right to carry through with the actions described in the Ten- Day Notice. At the July 23 , 1990 meeting, we emphasized that the County considers your client responsible for the problems in the showers and drying areas , because this was a design-build job. According to Miller and Starr, when a contractor prepares plans and specifications for the owner, he assumes the same level of responsibility as an architect. In such cases, the contractor impliedly warrants that the plans and specifications will be suitable for the construction of the improvements and that the completed improvements will be suitable for their intended use. (Miller & Starr, Current Law of California Real Estate (Revised) vol. 1, pt. 2, p. 442 . ) The County disagrees that your client can avoid this responsibility on grounds that the County reviewed the plans or that the County supposedly had superior knowledge about the shower problems . In reality, your client was equally aware of the problems that had cropped up with the showers in the earlier-constructed dorms . (See RFI No. 1004 . ) Notwithstanding our different analysis of the liability issue, we agree with you that it may be productive, for the time being, to keep this disagreement subdued while the parties attempt to necrotiate a resolution of the shower. problems. -For this- reason, we will refrain from citing additional authorities or making additional arguments in support of the County's position. Finally, you have asked this office to confirm that your client's time for presentation of a claim for payment of $67,504 . 82 has not yet commenced to run. To save you and your client the time and expense of filing a claim at this time, we are willing to make the following accommodation. Provided that a written claim is filed with the County no later than January 1, 1991, the County will treat the claim the same as if it had been filed by the date of your letter (i.e. , August 3, 1990) . To the extent the claim would be timely if filed on August 3rd, the claim will likewise be timely if filed by the extended date. On the other hand, if a claim filed on August 3rd would already be t Jon P. Tonsing -3- August 10, 1990 time-barred, filing by the extended date will not resurrect the claim and the County will retain the defense that the claim was not timely filed. This compromise will spare you the hassle of filing a claim now, but will not forfeit any rights that the County may already have acquired. Should your client file a claim after January 1, 1991, the date of actual filing will govern timeliness, and the extension shall not be considered in evaluating the timeliness of filing. Very truly yours, Victor J. Westman County Counsel By: David F. Schmidt Deputy County Counsel DFS:fjb cc: Phil Batchelor, County Administrator Attn: George Roemer, Director, Justice System Programs Gerry MacClelland, Project Manager Richard R. Rainey, Sheriff Attn: Jerry Mitosinka, Asst. Sheriff The Continental Insurance Company (Bond No. 968G3178; 7-22-88) The Travelers Indemnity Company (Bond No. 968G3178; 7-22-88) a VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL THOFF CONTRA COSTA COUNTY SHARON S.A ANDERSON SILVANO B.MARCHESI SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA.JR. VICKIE L DAWES ASSISTANTS COUNTY ADMINISTRATION BUILDING _ MICHAEL D.FARR P.O.BOX 69 LILLIAN T.FUJII PHONE(415)646-2074 - - DENNIS C.GRAVES FAX cot 5)646-)078 MARTINEZ.CALIFORNIA 94553-0006 ANN M.HANSEN KEVIN T.KERR EDWARD V.LANE,JR. MARY ANN MCNETT PAUL R.MUNIZ VALERIE J.RANCHE DAVID F.SCHMIDT December 20, 1990 DIANA J.SILVER 5 M 0 { 1 Jon P. Tonsing Tonsing & Tonsing 500 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596-3802 Re: Marsh Creek Detention Facility Dorms I and II Dear Mr. Tonsing: This letter will confirm our telephone conversation of this date wherein it was agreed that we would extend the time to file a written claim with the County in the above noted matter from January 1, 1991 to January 7, 1991. Very truly yours, Victor J. Westman County Counsel to en J. Bentle Secretary o David F. Schmidt FJB EXHIBIT LAW OFFICE OF TONSING & TONSING 500 YGNACIO VALLEY ROAD,SUITE 300 WALNUT CREEK,CALIFORNIA 94596-3802 TELEPHONE(415)947-1600 . TELECOPIER(415)947-1990 August 3, 1990 VIA TELECOPIER David F. Schmidt, Esq. Deputy County Counsel Contra Costa County Administration Building P.O. Box 69 Martinez, CA 94553 Re: Marsh Creek Detention Facility DormsI and II Our File Number 428 .5 Dear David: This letter is intended to follow up on a number of matters which we discussed in our meeting of July 23 , 1990. At that meeting we reviewed topics relating primarily to four punch list items and a number of warranty items, using Mr. MacClelland's letter of July 6, 1990 as an agenda.' We agreed that you would be supplied with timetables for the various responses to that letter, as well as this firm's legal analysis of our client's legal obligations with regard to the water penetration. This letter is intended to address those issues. I will address them in the sequence set forth in Mr. MacClelland's letter of. July 6, 1990, except that I will discuss the water penetration issue last. ZSCRI-PTIO .0.0t ad N .;: wi- Caulk around shower head This item needs to be held in (behind escutcheons abeyance pending the where pipe penetrates tile) . investigation on the water penetration issue. Caulking at door frames. This item will be addressed by August 10, 1990. We all agreed that the discussions were for settlement purposes and that they would not be used by any party in the event we are unable to resolve any controversies and the matter ends up in court. JPT/Meehleis/428.5/schmidtl.ltr EXHIBIT David F. Schmidt, Esq. August 3 , 1990 Page 2 ............. W._.:;DLSCR21�'I`IOI�i ;. SOLUIOI�i Roll down door alignment. Cookson Door says that they will address this by August 10, 1990. Submitting certified HVAC The HVAC subcontractor has balancing test report. agreed to supply you with a letter certifying that the HVAC system was balanced in accordance with SMACNA standards. Grouting or caulking around This item needs to be held in shower fixtures behind abeyance pending the escutcheon plates. investigation on the water penetration issue. Installation of wall mounting All the plywood was verified items into backing. by the in-plant inspector. MMBI has some still photos, but the ones they have been able to locate thus far do not cast any light on this issue. Reinstall and grout soap dish. This item needs to be held in abeyance pending the investigation on the water penetration issue. Repair leaking sprinkler head MMBI's plumbing subcontractor in shower. has agreed to complete this by August 10, 1990. Reinstall base trim of toilet This item will be addressed by partition. August 10, 1990. Add caulking at door frame to This item will be completed by water heater room. August 10, 1990. Replace three missing soap This item needs to be held in dishes. abeyance pending the investigation on the water penetration issue. Missing screws on shower door The County has agreed to top rails. correct this item. JPT/Meehleis/428.5/Schmidtl.ltr David F. Schmidt, Esq. August 3, 1990 Page 3 IP'Z`ION ::: '::<<'::> - SQLB'1tION. ;::<::::::::.. Certification that all The shower walls are not partition walls have solid required to have plywood plywood backing per contract backing (see sheet A2, drawing documents. 2) . All the plywood was verified by the in-plant inspector. MMBI has some still photos, but the ones they have been able to locate thus far do not cast any light on this issue. Perimeter light has not been A perimeter light is presently installed. on order and is scheduled to arrive at the electrical subcontractor's shop by August 8, 1990. MMBI 's electrical subcontractor has been instructed to have the perimeter light installed by August 10, 1990. The vinyl flooring outside the This item needs to be held in showers. abeyance pending the investigation on the water penetration issue. The missing bottom plate (E This item will be addressed by Dorm) . August 10, 1990. The screws to the door latch This item will be addressed by hardware. August 10, 1990. Wetness within walls in shower Discussed below. area. Carpet at module line which is� After site review, MMBI has out of alignment. concluded the carpet seam has worn due to overuse. Discoloration and separation This item needs to be held in of vinyl. abeyance pending the investigation on the water penetration issue. Door frame matters. These items will be addressed by August 10, 1990 JPT/MeehLei s/428.5/Schmidtl.ltr David F. Schmidt, Esq. August 3 , 1990 Page 4 REQUEST FOR INSPECTION Please have Mr. MacClelland directly contact MMBI after August 10, 1990 to arrange for an inspection of the completed items. WATER PENETRATION ISSUE From my perspective, the water penetration matter really presents two significant issues. First, 'from a practical perspective, what should be done to address the problem, and, second, what are the legal responsibilities of the owner, architect, contractor, and subcontractor? I will address these issues in sequence. The County and MMBI are in complete agreement that further information through an expert is necessary to determine the cause of any water penetration difficulties and the recommended solution. At our meeting of July 23 , 1990, the County stated that it had some consultants in mind and that it would furnish MMBI with these names in the near future. We discussed the prospect of jointly hiring an expert to investigate this subject. As of this date, we have not heard anything further about the experts which the County has in mind. This firm is also pursuing an independent inspection, at MMBI 's expense, through the Tile Counsel of America. We have - contacted them, and are attempting to schedule an inspection as soon as possible. Once we have the inspection information, both the County and MMBI will be in a much better position to discuss an amicable resolution of the problem. MMBI wishes to assure you that whatever the report(s) disclose, and whatever the law provides, it is interested in helping the County, in good faith; to find a fair resolution to the problem. THE LEGAL ISSIIE When we met, I agreed to review the contract documents and provide you with my assessment of whether a "design and build" concept rendered MMBI legally responsible for any design deficiencies which might be causing the water penetration problem. I have completed my initial review of the contract documents and the law and, in my opinion, MMBI is not legally responsible for any design deficiencies which might be causing the water penetration problem. I explain the basis for my conclusion below. JPT/Meehleis/428.5/Schmidtl.ltr David F. Schmidt, Esq. August 3 , 1990 Page 5 At our meeting of July 23, 1990, the representative from the Tile Company suggested that the water penetration problems were possibly being caused by an improper design. The County suggested at the July 23 , 1990 meeting that because the contract was let on a "design and build" basis, MMBI would be responsible for any design defects. I have some doubt as to whether the contract is properly characterized as a design and build contract. The specifications are approximately one inch thick. I have been unable to locate any mention in the contract documents that the contractor has any design responsibilities. The six sheets of plans which were furnished with the bid package are somewhat detailed, and they, like the specifications, say nothing about any waterproofing. Rather, the specifications require "Wonder Board, i2 which I understand is incompatible with a waterproof membrane. Given these facts, it would certainly be reasonable for a bidder to conclude that no special waterproofing was required. Further, given the specificity of the plans and specifications and the lack of any express contractual requirement for the contractor to undertake major design responsibilities, it is somewhat doubtful as to whether .this is properly characterized as a "design and build" contract. Rather, it is more likely that the contract contemplated the contractor preparing a set of working drawings, a regular occurrence in the 'construction industry which does not give rise to any higher level of potential liability on the part of the contractor. . In addition, the plans prepared by MMBI were all approved by the County, and any work performed was inspected by a County representative. If a contractor follows the - owner's drawings and specifications, he will not be held in breach of contract if the sought after result is not received. In Sunbeam Construction Co. v. Fisci (1969), 2 Ca1.App. 3d 181, the court considered a situation where a contractor performed in exact accordance with the owner's drawings and specifications. Those drawings, and specifications called for a flat roof rather than a pitched roof. The court found that the contractor was not liable for the failure of the roof to protect against rain and other elements. The court also determined that there was a claim for breach of an implied warranty of fitness was not proper, since the work was performed in accordance with the plans and specifications. 2 See Division 9, "Finishes," number 4. JPT/Meehleis/428.5/Schmidt1.ltr t • David F. Schmidt, Esq. August 3, 1990 Page 6 Earlier, we questioned whether this is truly a design and build type contract. One court described the term "design and build contract" to mean a "trade term" which applies to an agreement whereby the owner provides drawings or information not so detailed as to be considered suitable for construction use for the purpose of " . . . allow[ing] construction to start while the final drawings and details are being prepared so that work on the detailed engineering plans can proceed during the time that preliminary construction is underway. " (Armour and Company v. Scott (1972) 360 F.Supp. 319. ) As noted in Armour, supra: In theory, this type of arrangement should permit the work to move more rapidly and result in completed construction at an earlier date. It is obvious however, that since many details have not been agreed upon by the parties before work begins, that opportunities for error, delay and expensive changes are increased over those not infrequent instances which might be expected in the normal construction contracts. Even if this case fits the definition in Armour, and is subject to any special rules relating to design and build contracts, MMBI is not legally responsible. In Armour, supra, the owner and contractor entered into a "design and build" contract for the construction of a meat processing plant. Armour supplied the contractor with detailed drawings and specifications, but not so detailed that they could be considered suitable for construction purposes. Although Armour was aware of potential problems which could be created from vapor and moisture under the roof, they did not include a vapor barrier in the specifications for the roof which were part of the contract documents. In rejecting Armour's claim against the contractor, the court stated that "Armour is in no position to complain of the design of the roof construction when it had more knowledge of the conditions under which the plant would operate than the contractor but failed to insist upon the vapor barrier. " (Armour, supra at p. 327. ) In the present case, the County could have easily specified a vapor barrier,3 however, it did not. 3 Such a specification would have resulted in higher bids, because of the markedly increased cost of construction of such a system. JPT/Meehleis/428.5/Schmidtl.ltr r David F. Schmidt, Esq. August 3, 1990 Page 7 CONCLUSION REGARDING WATER PENETRATION As mentioned already, MMBI wishes to achieve a solution that is workable for all concerned. In the event you disagree with my legal analysis, I suggest that we keep any disagreement somewhat subdued until the consultants ' reports are in, and then have an informal meeting to discuss how we intend to proceed. It may be that the practicalities of the situation and MMBI 's desire to reach a good faith resolution may override any legal analysis. Let's wait and see what the facts and figures are before either the County or MMBI takes a firm stand. LIQUIDATED DAMAGES At our meeting of July 23 , 1990, MMBI presented further substantiation for its time extension request. Mr. MacClelland stated that this would be reviewed independent of the questions addressed above. Please provide us with a response to MMBI 's request for a time extension as soon as possible. PAYMENT OF OUTSTANDING BALANCE According to MMBI 's calculations, it is owed the sum of $67, 504.82 with regard to the project.4 As we discussed during the meeting, MMBI would like to reach an understanding with the County as to when it may expect payment. It is understandable for this decision to be delayed until after the items set forth above have been resolved. Nevertheless, we wish to make sure that MMBI preserves its rights and does not become barred by a statute of limitations from pursuing its claim. We think the .County is in agreement that MMBI 's time for presentation of a claim has not commenced to run, since the County has not expressed any intention to ultimately withhold payment from MMBI. Please confirm that this is the case. If not, we will serve a notice of claim to preserve MMBI's rights pending the consultants' investigation and our efforts to achieve an amicable resolution. 4 $1,962.14 relates to purchase order number 64935. JPT/Meehleis/428.5/Schmidt1A tr • - b (` David F. Schmidt, Esq. August 3, 1990 Page 8 CONCLUSION Please call me on the telephone once you have had an opportunity to review this letter. Sincerely, TONSING & TONSING B P. T in JPT/tms cc: William T. Meehleis Gerry MacClelland Craig Bedell Jack Casey JPT/Meehleis/428.5/$chmidt1.ltr • 1 2 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 3 I declare that I am employed in the County of Contra Costa, California. I am over the age of eighteen years, and not a party to 4 the within cause; my business address is Tonsing & Tonsing 500 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94596. 5 On February 4, 1991 I served the following document(s) : 6 1. AMENDED NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA 7 (Government Code §§900, et seq. ) 8 by placing a true copy thereof enclosed in a sealed envelope, postage fully prepaid, in the ordinary course of business, for g collection and mailing that same day at the law office of Tonsing & Tonsing, 500 Ygnacio Valley Road, Suite 300, Walnut Creek, i0 California 94596, addressed as follows: A 11 Contra Costa County Clerk of the Board of Supervisors 12 651 Pine Street, Room 106 Martinez, CA 94553 13 David F. Schmidt, Esq. 14 Deputy County Counsel Contra Costa County 15 Administration Building P.O. Box 69 . 16 Martinez, CA 94553 17 I declare that I am readily familiar with the business practice of Tonsing & Tonsing for collection and processing of correspondence 18 for mailing with the United States Postal Service and that the correspondence would be deposited with the United States Postal 19 Service that same day in the ordinary course of business. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correctand that this 21 proof of service by mail was executed on February 4, 1991 at Walnut Creek, California. 22 23 24 25 SUSAN E. BURROUGHS 26 27 28