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HomeMy WebLinkAboutMinutes - City Council - 1968-04-08 i ' 93 City Council, Adjourned Regular Meeting Police Dept. •& Council Ghambers Bldg. Redding, California April 8, 1968 7:00 P. M. The meeting was called to order at 7:00 P. M. by Vice Mayor Chatfield i with the following Councilmen present: Denny, Doherty, Fulton, and � Chatfield. Absent: Mayor Moty Also present were Finance Director and Personnel Director Courtney, Public Works Director Arness, and Associate Planner Ne�bon. WRITTEN COMMUNICATIONS � Red Bluff City Council ' An invitation was received from the Red Bluff City Council to attend ��Q , the Dedication Ceremony and Open House of the Red Bluff City Center ; on April 15 at 1:30 I'. M. CIVIC AUDITORIUM Councilman Denny reported on the problems which have been encountered with the base bid of Nielsen-Nickle,s Company on the Civic Auditorium. Mr. Denny stated that shortly before the Architects were ready to submit their recommendation re the award of bid, the low bidder (Nielsen-Nickles Company) advised that its principal subcontractor for the concrete work on ' the auditorium (Kimbrough-Mack-Hart, Inc. ) had made a cleri.cal error in � excess of $50, 000 and therefore Nielsen-Nickles Company wished to with- d raw its bid. , ., , , ; Councilman Denny said the Council Committee and Staff inet with repre- � sentatives from Nielsen-Nickles and Kimbrough-Mack-Hart on two different � occasions to examine the records that relate to this particular difficulty. Mr. Denny referred to a memo to Council from City Attorney Murphy, ; dated.April 5, 1.968, which defines the problem and sets forth the various al�- ter-natives open to Council. He further stated that the.Co.uncil Gommittee and Staff a,re conce rned about the alte_rnative .which would pe rmit the bidder to make :the necessary correction and submit a reformed bid, If the City can then certify that to the best of its knowledge the reformed bid is the-bid that would.have been made originally if the bidder had been ,G��� awa're of the error; the City can.ente�r into a reformed contract. Mr. Denny said it is difficult to know if a reformed bid is actually what the bidder would have bid originally, as the bidder now has the advantage of knowing what the other bids are. He stated that the City .Attorney can ' advise what State law applies in this instance, but that the City is also � involved with the Economic Development Administration.and it was felt that the first thing that should.be done was to have the approval of EDA , for whatever course of action would be recommended by Council. The � � Mayor, City Manager, and City Attorney.are to meet with Seattle � Representatives of EDA tomorrow (April 9) and ask them for their � advice as to,the best procedure to follow. The Mayor has proposed that . this meeting be adjourned to Fr.iday, April 12th, at. which time a. report _. � will be made regarding the Seattle Meeting. . j Councilman Denny said :there is a further complication, and that,is with respect to the bid for the seating. He explained that the City received bids some time ago on the seating before the City was in a position to award .the bid and that two extensions had been granted by the low bidder, � � - �L 94 , but EDA would not permit the City to accept the bid. However, on the bids received on March 18th, the low bid was not fully in accordance with the specifications and generally the bidding was unsatisfactory, so a problem exists in this regard. This matter will also be discussed with EDA Rep re s entative s on Ap ril 9th. Councilman Fulton asked if it had been determined that the error on the Civic Auditorium bid was a clerical error. Councilman Denny said he did not believe the Council Committee would want to make an absolute judgment at this time as to whether the error was a clerical error. He did state that the evidence submitted was very convincing and the Committee believes the subcontractor is being very forthright; that they opened up all of their books and records to the Committee. Vice Mayor Chatfield said if a clerical error were the only problem involved here, there would be no question that there has been one made, but it gets into a much more complex area. - . Councilman Denny reiterated that the City must (1) find whether or not there was really a clerical error made and (2) find that the 'reformed bid is in an amount that would have been bid originally by this same contractor if he had caught the error originally:: The City must find both of'these things before it can enter into a reformed contract. Mr. Denny said that in entering into a reformed contract, the City must consider the possibility that tlie next lowest bidder is concerned also and has an interest, -and if the City should act illegally, it eould very easily become involved in litigation. • In answer to Councilman Fulton's inquiry as to the difference in cost between the reformed bid and the next lowest bidder, Councilman Denny said it would be about $28, 000. REGIONAL PLANNING REQUIREMENTS `In a memo to Council dated April 5th, the Planning Director stated that there is pendin� before Congress a bill (53029) which specifically extends the planning requi.rement , deadline for sewer and water facilities g.r.ants from July 1, 1968 to October 1, 1969. The SCCAP Council is currently �/��/ involved in assessing the present 'status as it rela.tes to these requirements and it is not known definitely at this time whether the City will remain eligible for grants after July 1, 1968. It is therefore the recommendation of•the Planning Director that Council authorize the Mayor to notify t�e appropriate representatives in Washington of the City's support of this amendment to the present law. MOTION: Made by Councilman Doherty, seconded by Councilman•Denny that the Mayor be authorized to riotify appropriate representatives in Washington of the City's support of 53029. The Vote: Unanimous Ayes RESOLUTION - re On-Ramp; �.nd . Off-Ramp at Butte St. Interchange on 299 E Public Works Director Arness reported that the City Manager has talked with 1VIr. John Legarra, State Highway Engineer in Sacramento with regard to an on-ramp and an off-ramp at the Butte Street Interchange on State ;a,�� Highway 299 E, and that Mr.• Legarra has indicated that the State requires ��,.,� a resolution of the City Council requesting this construction. The City Attorney has prepared l�esolution No. 4048 requesting the construction of said on -ramp and off-ramp. � Vice Mayor Chatfield asked if tliere was any question regarding acquisition of right-of-way in this matter, to which Public Works Director Arness 95 replied that there was no actual land acquisition problem but possi- bly a question of access control on the on-ramp west bound. MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 4048 be adopted, a resolution of the City Council of the City of Redding requesting that a westbound on-ramp and an ; 1 east-bound off-ramp be constructed by the State of California at Butte IStreet Interchange on State Highway 299 E. The Vote: Unanimous � ' Aye s � ADJOU RNMENT ; There being no further business, at the hour of 7:45 P. M. , on the motion of Councilman Doherty, seconded by Councilman Denny, the � meeting was adjourned to 12:00 Noon on April 12th. I � APPROVED: 7�/ �, � //% ^ //� j, �1 , i�i��J�L�'�� � r�-/��L��' "� ' , `Vice Mayor J� �./ - . ATTEST; I � Cit Cle rk � ; ' . ; I � , i � � � ; I � �,;