HomeMy WebLinkAboutMinutes - City Council - 04-02-2024 - Special350
Redding City Council, Special Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 2, 2024, 5:20 PM
At the Special Meeting of Monday, April 1, 2024, the City Council voted to issue an Order of
Adjournment and reconvene as a Special Meeting on Tuesday, April 2, 2024, to consider agenda
item 4.11(a) (Termination of Contract with Jason Abel Construction, Inc. and Potential Findings
of Fact to consider terminating the Public Works Agreement ("Agreement") dated March 15, 2022)
The meeting was reconvened at 8:46 p.m. by Mayor Tenessa Audette with the following Council
Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.
Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney
Christian M. Curtis, Assistant City Clerk Anette Cates, and Executive Assistant Erin Barnhart.
REGULAR CALENDAR:
4.11(a).Termination of Contract with Jason Abel Construction, Inc. and Potential Findings of Fact
to consider terminating the Public Works Agreement ("Agreement") dated March 15, 2022,
between the City of Redding and Jason Abel Construction, Inc. ("Contractor") with respect
to the Magnolia Area Sewer Improvements Project, Phase 1, Bid Schedule 5263, Job No.
2629 ("Project") for the Contractor's default.
City Attorney Curtis summarized the Report to City Council (staff report), incorporated
herein by reference.
Mr. Curtis stated that since agenda publication, a proposed settlement agreement was
reached with Abel Construction, Inc., subject to Council's approval, to allow for mutual
termination, and to allow the City of Redding to move forward from this with a complete
waiver of all claims by both sides. The draft settlement agreement was finalized, signed
and uploaded to the City's website for the public's and City Council's review at the same
time.
Additionally, Mr. Curtis recommended to the Council that since the draft settlement
agreeement was reached while the Special Meeting of April 1, 2024, was adjourned, the
Council should make the findings as an off agenda item which would require two-thirds
vote, or four out of five Council Members to make the following findings: (1) that the
proposed settlement agreement came to the attention of the Council after publication, in
this case last evening; and (2) that this requires immediate action since the deadline that
had been set under the contractor's schedule for action to be taken has been reached. He
also recommended that the Council make this motion before a substantive discussion of
the proposed settlement agreement is discussed.
A MOTION WAS MADE by Council Member Dacquisto, second by Council Member
Munns, to: (1) make the findings as an off agenda item that the findings came to the
attention of Council after the agenda was published; and (2) this requires immediate action.
The Vote: Unanimous Ayes.
Mr. Curtis briefly summarized the details contained within the proposed settlement
agreement, incorporated herein by reference.
A SECOND MOTION WAS MADE by Council Member Mezzano, seconded by Council
Member Dacquisto, to: (1) find that the Contractor has failed to commence satisfactory
corrective actions and/or diligently continued satisfactory and timely correction of the
default under the Agreement as the City requested via Notice to Cure sent to the Contractor
on February 23, 2024; (2) find that the Contractor is in default of the Public Works
Agreement ("Agreement") dated March 15, 2022, between the City of Redding and Jason
Abel Construction, Inc. ("Contractor") with respect to the Magnolia Area Sewer
Improvements Project, Phase 1, Bid Schedule 5263, Job No. 2629; and (3) authorize the
City Manager to take all appropriate action to terminate the agreement, including, as
appropriate, written notice of termination for default to the Contractor and its Surety. The
Vote: Unanimous Ayes.
04/02/2024
351
ADJOURNMENT
There being no further business at the hour of 8:50 p.m., Mayor Audette declared the meeting
adjourned.
APPROVED:
/x�
T Audette, Mayor
ATTEST:
Anette Cates, Assistant City Clerk
04/02/2024