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04/02/2024
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 Findin gs 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 settleme nt 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) tha t 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 Co ntractor 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.
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04/02/2024
ADJOURNMENT
There being no further business at the hour of 8:50 p.m., Mayor Audette declared the m eeting adjourned.
APPROVED:
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Tenessa Audette, Mayor
ATTEST:
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Anette Cates, Assistant City Clerk