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HomeMy WebLinkAboutmin 03-05-87441 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 Page 2