HomeMy WebLinkAboutMinutes - City Council - 1982-02-24 44
• City Council , Adjourned Regular Meeting
Police Dept. & Council Chambers
Redding, California
February 24, 1982 12:00 Noon
The meeting was called to order by Vice Mayor Demsher with the following
Council Members present: Demsher, Fulton, Gard, and Kirkpatrick
Absent: Mayor Pugh
Also present were Electrical Engineer Baysinger, City Clerk Richter, and
Secretary to the City Council Rupp.
AWARD OF BID - Bid Schedule No. 1367, Moore Road Substation
Council Members were given a memorandum from the City Attorney which is
hereby made a part of these minutes by reference. He reviewed the decision
of Mr. Berrigan, Assistant Licensing Deputy for the Contractors ' State
Licensing Board in Sacramento, that an "A" , General Engineering Contrac-
tor's license is required to build the Moore Road Substation, Bid Schedule
No. 1367.
It is the recommendation of the City Attorney, after reviewing the
statutory definitions of the "A" and "B" licenses, and the project itself,
that Council determine that an "A" license is required, and award the
contract to the lowest responsible bidder holding an "A" license, which is
Drumm Construction Company.
Council Member Gard noted that the bid specifications do state that the
successful bidder must have the correct license.
Photos of the proposed project, Canby Substation and Sulphur Substation
were submitted to Council and comparisons of the projects were made.
Gary Borchard, Attorney representing Northern Industrial Electric, felt
that his client is properly licensed for the project with a "B" and "C10"
license. He noted that City Attorney Hays called him and advised that he
had contacted Mr. Berrigan from the State Contractors ' Board asking for an
explanation of his decision. Mr. Berrigan said, for the purposes of
awarding a contract, his letter was sufficient. Mr. Borchard stated that
he had a subsequent discussion with Mr. Berrigan, at which time Mr.
Berrigan said the opinion he gave to the City of Redding was a subjective
one based on his understanding of the situation, and the ultimate decision
is with the City Council .
'143, Mr. Borchard summarized his client' s opinion that 1 ) according to past
history in awarding similar contracts, this is an electrical project, and
not an engineering one, and 2) the amount of money allocated to road
engineering, paving and site preparation ($43,340) , is incidental to the
cost of the entire project ($302,237) . He noted that the electrical work
would be covered by their "C10" , electrical specialty license.
Jack Kenealy, Attorney representing Drumm Construction, stated that it is
his client' s position that the site improvements and storage areas are not
incidental to the project and that an "A" license is required. He pre-
sented a graph comparing the number of square feet of building space to the
number of square feet of site and road improvements.
Mr. Borchard responded that the square footage on the graph has no bearing,
but the cost is the determining factor. He noted that Northern Industrial
Electric has no intention of suing the city but feels Council should
consider the reasons for requiring an "A" license for this type of project.
He thanked Council for the additional time and consideration given to this
matter.
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Councilman Kirkpatrick stated that both bidders feel they have the neces-
sary qualifications to build the project and both have done satisfactory
work for the City in the past. He feels that possibly plans should be sent
to the State Contractor's Board in Sacramento for review in advance, so
that it can be stated in the bid specifications which license is required.
He also noted the difference of over $20,000 between the two bids.
Mr. Demsher agreed with Councilman Kirkpatrick that he did not want to see
an additional $20,000 spent unnecessarily but the interpretation of the
State Contractor' s Board and the City Attorney is that the project requires
an "A" license.
MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Bid
Schedule No. 1367, Moore Road Substation, be awarded to the second apparent
low bidder, Drumm Construction, in the amount of $325,000.
Voting was as follows:
Ayes : Council Members - Demsher, Fulton, Gard
Noes: Council Members - Kirkpatrick
Absent: Council Members - Pugh
Council concurred that there is a need to be more specific about license
requirements on bid specifications and instructed staff to develop a
procedure whereby this may be determined in advance of the notice inviting
bids.
ADJOURNMENT
There being no further business, at the hour of 12:35 P.M. , Vice Mayor
Demsher declared the meeting adjourned. 4
APPROVED: a
A
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Vice--Mayor-
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ATTEST:
City Clerk
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