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CITY OF UKIAH
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
OLD COUNCIL CHAMBERS
111 WEST CHURCH STREET
MARCH 5, 1987
4:00 P.M.
The City Council convened in an adjourned regular session at 4:00 p.m., in the
Old Council Chambers, 111 West Church Street. Roll was taken and the
following Councilmembers were present: Schneiter, Shoemaker, Hickey, Kier,
and Mayor Henderson. Staff present: City Manager Payne, City Attorney
Rapport, Electric Utilities Director Roper, and City Clerk Hayes.
The City Manager stated that Mr. Victor Lopes has requested time before the
Council and their agendized matters.
Mr. Lopes explained that his insurance premium regarding errors and omissions
has fallen due. He noted that his coverage is for $1 million as the City has
required. The City has paid 75% of his premium, he 25%. Because of the
lengthy projects, the Sun House and the Civic Center, he has taken on no other
work. He noted his gross income this year will be less than last year's. He
requested that the requirement to carry the liability insurance be dropped or
possibly the City could help with paying a larger amount of the premium.
Discussion ensued regarding the fact that Council could not take formal action
on an item not agendized unless they found it was of an emergency nature.
The City Attorney stated that a due date on an insurance premium is of no
surprise to the policyholder. He recommended the City keep their insurance
requirement with Mr. Lopes.
Council agreed that Mr. Lopes should continue to provide to the City errors
and omissions insurance in the amount of $1 million.
The City Manager stated if Mr. Lopes wished to agendize the matter for further
action to let him know.
Councilmember Shoemaker asked Mr. Lopes if he had attended the Bidder's
Conference on the telephone system earlier in the day.
He responded he had not known about it so did not attend.
2. Matter of Underground Construction Company's Request for Pay
Application No. 38
The City Manager explained that this agenda item and the next would be
discussed first in Closed Session.
The City Attorney recommended that Council go into Closed Session regarding
Section 54957.2, Subsection A, to the Brown Act, to discuss pending litigation
of Underground Construction Company vs. The City of Ukiah, et al., pending in
Mendocino County Superior Court, Case No. 50850.
M/S Kier/Hickey to go into Closed Session to discuss the following:
le
Pending Litigation: Underground Construction Company vs. The City
of Ukiah, et al., pending in Mendocino County
Superior Court, Case No. 50850.
The motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None.
Council went into Closed Session at 4:22 p.m.
Council reconvened at 6:17 p.m.
Adj. Reg. Mtg.
March 5, 1987
Page 1
442
The following was announced:
Regarding Agenda Item No. 3. Request for Time Extension - Underground
Construction Company.
M/S Schneiter/Kier based on the recommendation of Tudor Engineering Company,
1) The City will grant a time extension of 130 days on each of the last four
milestone dates; and 2) The City authorized Tudor to advise Underground that
the City invites and will consider any additional information Underground can
submit to justify further time extensions on all the milestone dates. The
motion was carried by the following roll call vote: AYES: Councilmembers
Schneiter, Shoemaker, Hickey, Kier, and Mayor Henderson. NOES: None.
Regarding Agenda Item No. 2. Matter of Under~round Construction Company's
Request for Pay Application No. 38.
M/S Schneiter/Kier the City authorized their engineer, Tudor Engineering
Company, to prepare a revised Pay Application deleting Items 5, 6, 9, and 10c
from the list of additional deducts attached to the recommended Pay
Application; modifying Deduction No. 7 to $17,500, and modifying
Deduction No. 8 to $10,000; and adding to the category of "Other Deductions
This Period" the liquidated damages provided in the contract calculated on the
basis of the time extension approved under Agenda Item No. 3 and approved the
Pay Application as modified. The motion was carried by the following roll
call vote: AYES: Councilmembers Schneiter, Shoemaker, Hickey, Kier, and
Mayor Henderson. NOES: None.
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:19 p.m.
Yvette S. Hayes
City Clerk
b~j. Reg. Mtg.
March 5, 1987
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