To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Payment to the City of Lafayette to fund emergency repairs on a storm drain culvert at Reliez Valley Road and Withers Avenue, Lafayette area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Auditor-Controller to issue a payment in the amount of $35,445 from the Local Road Fund payable to the City of Lafayette, under the equitable relief theory of quantum meruit, for invoice, dated January 12, 2026, to fund emergency repairs on a storm drain culvert at Reliez Valley Road and Withers Avenue in Lafayette.
FISCAL IMPACT:
This payment of $35,445 will be funded by 100% Local Road Funds. (Project No. 0672-6U2512)
BACKGROUND:
The Contra Costa County Public Works Department (Public Works) maintains roads and storm drains in unincorporated portions of Lafayette.
On December 10, 2024, Public Works was notified that a storm drain culvert near the intersection of Reliez Valley Road and Withers Avenue in Lafayette was damaged and required replacement. Because the storm drain culvert crosses both incorporated and unincorporated portions of Contra Costa County (County), Public Works notified the City of Lafayette (City).
The total length of the repair was approximately 135 lineal feet, with approximately 35 lineal feet, or 29 percent, within County right-of-way. Most of the work was located within the City, so the City took the lead in completing the repairs. Under the City’s contract procedures, FJ&I Engineering Inc. was mobilized to replace the damaged culvert. Public Works issued an encroachment permit for FJ&I Engineering Inc. to replace the portion of the storm drain within County right-of-way. The storm drain repair was completed on August 13, 2025.
Public Works received the attached invoice, dated January 12, 2026, from the City and is in agreement with the invoice for the repairs. Public Works requests Board authorization to provide the $35,445 payment to the City. Under the equitable relief theory of quantum meruit, where a person provides a service without a valid contract to the benefit of the recipient, the provider is entitled to recover the reasonable value of the services it provided.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, Public Works will not be able to issue payment to the City to fund the emergency repairs.