HomeMy WebLinkAboutMinutes - City Council - 1970-03-06,i,P
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City Council, Special Meeting
Police Dept. & Council Chambers Bldg.
Redding, California
March 6, 1970 12:30 P. M.
The meeting was called to order at 12:40 P.M. by Mayor Moty with
the following Councilmen present: A.nderson, Chatfield, Denny, Fulton,
and Moty.
A.lso present were A.ssistant City Manager and Purchasing Director
Brickwood, City A.ttorney Murphy, Finance Director and Personnel
Director Courtney, Public Works Director Arness, Planning Director
Harris , A.ssociate Civil Engineer Mathis , Parks Superintendent Blaser,
and City Clerk Brayton.
NOTICE OF COMPLETION - Phase II, Civic A.uditorium
City A.ttorney Murphy reported that the Contractor for Phase II of the
Civic A.uditorium has requested of the A.rchitect and Owner that the
work of the contract be accepted and notice of completion filed.
Mr. Murphy stated that the A.rchitect and Owner have asserted that
certain portions of the work are not acceptable pursuant to paragraph
20 of the general conditions of the contract, the plans and specifications,
and other related contract documents. An A.cceptance A.greement has
been prepared, setting forth the express conditions under which the
A.rchitect and Owner will accept the work of the contract as completed,
which document has been signed by a representative of the Contractor,
Nielsen-Nickles Company.
The Architect and the City A.ttorney jointly recommend that Council -��v'
authorize the filing of the notice of completion on Phase II of the Civic
A.uditorium, and that a payment be made to Contractor which, with
previous payments heretofore made, shall constitute a total of 9�% of
the total contract price , as soon as such price , including change orders
and claims for extras of Contractor, has been determined to the satis-
faction of A.rchitect, reserving only 10% of such contract price for
future payment. Mr. Murphy said that the amount of payment to be
made at this time will be in the vicinity of $30 ,000. to $35 , 000. , leaving
a sum of approximately $215 ,000. , which will be held in reserve for
35 days after the notice of completion is filed. If, after 35 days , all
items of work as listed in the A.cceptance A.greement have not been
completed, Owner can reserve reasonable sums for each of the items
remaining in dispute until such time as those items have been resolved
to Owner's satisfaction.
Councilmen A.nderson and Chatfield e�ressed concern re filing a notice
of completion with 33 items of work not completed. Both said they would
favor the Contractor completing the 27 items which are not in dispute
before approving filing of notice of completion. Councilman Anderson
asked the City A.ttorney if he thought this was good practice. Mr.
Murphy replied that if the City were free of any possible taint of fault
regarding some of the items of work, he would say it is not good prac-
tice, but there are some items in which there is a reasonable doubt.
He mentioned the carpeting as one item, saying that no one is certain
as to who is at fault.
Mayor Moty believes that if the City were to get the reputation of being
unreasonable in dealing with this sort of situa.tion, it would pay more for
contracts.
Councilman Denny supported the Mayor in the above statement and
said that, in his opinion, the items in question do not represent a
deliberate failure on the part of the Contractor to fulfill his contract.
Mr. Denny believes the Contractor has acted in good faith and that
the quality of the finished product is well within expectations.
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It was brought out that both the A.rchitect and members of staff would
prefer that the Contractor defer for the present completing some of
the items listed in the A.cceptance A.greement.
MOTION: Made by Councilman Denny, seconded by Councilman Fulton
authorizing the filing of the notice of completion on Phase II of the
Civic A.uditorium, and that a payment be made to Contractor which,
with previous payments heretofore made, shall constitute a total of
90% of the total contract price, as soon as such price, including
change orders and claims for extras of Contractor, has been
determined to the satisfaction of A.rchitect, reserving only 10°jo of
such contract price for future payxnent.
Voting was as follows:
A.yes: Councilmen - Denny, Fulton, and Moty
Noes: Councilmen - A.nderson and Chatfield
A.bsent Councilmen - None
A.DJOURNMENT
There being no further busine s s , at the hour of 1:30 P.M. , on the
motion of Councilman Anderson, seconded by Councilman Fulton, the
meeting was adjourned.
APPROVED:
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A.TTEST:
Ci y Clerk