HomeMy WebLinkAbout12/16/1957 - Adjourned Regular MeetingThe Clerk read a letter from Roland A. Wright, Assistant Vice
E. ire Trust Cc an
President of the Bank of America, addressed to the City Treasurer,
dew o� aan�t e
recommending that the Council appoint as fiscal agent for the
Tr stk a' n savin
Water Bonds, 1957, in New York, one of the following: Chemical
as in CB%ca o
Corn Exchange Bank, Em ?ire Trust Company, First National City
des�gnat as scat
Bank, or Manufacturers Trust Company; in Chicago, one of the
ants y` r t�ac� pry of
following: Continental Illinois National Bank and Trust Company,
S�,errn®o,;, ater
'
City National Bank and Trust Company, or Harris Trust and Savings
3on �_Ia 1I�
Bank. On motion of Councilman Hart, seconded by Councilman
Nlomtgom= re award of
Ridderhof and carried, the Empire Trust Company in New Stork, and
Contra ct yor t-2
the Harris Trust and Savings Bank in Chicago, were designated as
c ®nJti;nactaoi
the fiscal agents for the•City of Newport Beach Water Bonds, 1957.
®ryy.,1 Laeservovs aid
The recommendation of the Public Works Director that the
Award of contract re
award of the contract for the construction of the Big Canyon
reservo-T coant %nucd�
Reservoir and Transmission Mains be continued to an adjourned
c
meeting on December 16, 1957, was accepted.
On motion of Councilman Ridderhof, seconded by Councilman
Adjou neat.
Stoddard and carried, the meeting was adjourned to 2:30 P.M.,
Monday, December 16, 1957.
ATTEST:
aty e-
/%
December 16, 1957
The City Council of the City of Newport Beach met in adjourned
Ad»ourrned regular
regular session in the Council Chambers of the City Hall at the
sesUnoeua
hour of 2:30 P.M.
The roll was called, the following members being present:
7-!oll call.
`-
Councilmen Hart, Stoddard, Higbie, Ridderhof and Hill; Councilmen
Wilder and MacKay being absent.
In connection with the award of contract for the construction
,n�eatort of .tames M.
of Big Canyon Reservoir and Transmission Mains, the City Manager
Nlomtgom= re award of
presented and read excerpts from a report furnished by James M.
Contra ct yor t-2
Montgomery, Consulting Engineer. Said report describes
c ®nJti;nactaoi
irregularities in the low bids previously submitted and containsn
®ryy.,1 Laeservovs aid
the recommendation that the contract for Schedule I be awarded
YI.-S 11 ®n b�_abnso
to Montgomery Ross Fisher, Inc.,-at the contract price of $932,360,
unless there is some legal objection to the irregular manner in
which the bid was made out, and - contains the further recommendation
that the contract for Schedule II be awarded to N. P. Van Valkenburgh
Co., at the contract price of $329,935, and that the minor
irregularities in said bid be waived,
The Clerk read the report addressed to the Council by the City
"Bids
R
AlRo7n_by the
'
Attorney, dated December 16, 1957, entitled on Constructioa
ttornay rs arcs for
of Big Canyon Reservoir and Transmission Mains." The resort states
c ®nL¶:ctson o
that the bid submitted by Montgomery Ross Fisher, Inc., 'meets the
minimum requirements of a bid and may be considered by the
transm ®n mnains.
Council. The irregularities in the bid are not of such a nature
that they may not be waived by the Council and the contract awarded
if the Council decides that the bid and bidder are acceptable in
all other respects." Said report further states that the bid
submitted by Macco Corporation does not qualify as a bid on either
Schedule alone and should be considered as a bid only on both
Schedules combined, since the bidder attached a condition by
which he retains the power to decide whether or not he should be
awarded the contract.
The City Manager stated that Mr. Gene Rheault, Mc, Russell
persons 9,zesent in the
Kenmir, Irt,r. Montgomery (loss Fisher, Attorney Jack Penney
au once.
representing Montgomery Ross, Fisher. Inc., and Attorney Donald
Harwood representin; Macco Corporation, were present in the
audience.
The Clerk read the letter from Montgomery (loss Fisher, Inc.,
Litter- `rroam idontgons2g
signed by Montgomery Ross Fisher, President, Herbert A. Lewis,
J -_ >__
moss to suer t nc.. re
Vice-president and William J. Schlidge, Secretary, clarifying
intent o.y tLLae� "i�`
the intent of the bid which was submitted by said corporation.
The Clerk read the letter from Kenneth Leventhal & Company,
'Letter; Irrom Kenneth
Certified Public Accountants, signed by Leonard Levy, regarding
Lavenn_ft�__ ,C
the financial status of Montgomery Ross Fisher, stating that
re Z nine status of
the annual audit of Mr. Fisher's accounts has not been completed,
but from a cursory examination it would appear that Mr. Fisher's
net worth has increased during the past year by approximately
$250,000.
MW
Statement of Mr. During the discussions, the City Attorney asked Montgomery Ross
bs er re on s. Fisher if he would, as an individual, indemnify the faithful performance
and labor and material bonds of Montgomery Ross Fisher, Inc. Mr. Fisher
replied that he would.
Statements re bid Mr. Harwood spoke from the audience on behalf of Macco Corporation,
o cco Corporation. stating that his client Was the lowest bidder on Schedule I and is
willing to amend his bid to do the Work contemplated under Schedule I
only, Since Macco Corporation had submitted a bid for Schedule I and
Schedule lI with the stipulation that both contracts be awarded to
them or none, Councilman Stoddard commented that the proposal of Macco
Corporation would constitute a changed bid. Attorney Penney stated
that the Council could legally waive the irregularities of the
Montgomery Ross Fisher, Inc., bid, but could not accept the counterproposal
of Macco Corporation,
Recommendation of The City Manager stated that he and the Public Works Director had
t na egeE can submitted to the Council a recommendation in a memorandum dated December
i_ Y
or tl�� 16 1957, numbered 57 °58®15, that, conditioned upon the Council's
1�brm7ctor re award of willingness to waive the irregularities in the bid of Montgomery Ross
con racts. Fisher, Inc., the contract for the construction of Big Canyon Reservoir
be awarded to Montgomery Ross Fisher, Inc., and the contract for the
construction of the Transmission Mains be awarded to N. P. Van Valkenburgh
Co.
R -4717 ado ted On motion of Councilman Stoddard, seconded by Councilman Hart and
awardEng contract to carried, Resolution No. 4717, awarding the contract for the construction
N. V. Van .a e_n urgh of the Transmission Mains, for use with the Big Canyon Reservoir, to N.
Coo or coa�structbon P. Van Valkenburgh Co., at the contract price of $329,935, and authorizing
o ransmbssaon ma ns. the Mayor and City Clerk to execute said contract, was adopted by the
following roll call vote, to wit:
AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Wilder, MacKay
Irre ularities in bid On motion of Councilman Stoddard, seconded by Councilman Hart and
oont omer joss carried the irregularities in the bid of Montgomery Ross Fisher, Inc.,
s er, nco,wa- lve were waived.
R =4715 adopted, re On motion of Councilman Ridderhof, seconded by Councilman Higbie
awardi contract to and carried, Resolution No. 4715, awarding the contract for the
lontgomery oss 1bs er,construction of Big Canyon Reservoir to Montgomery Ross Fisher, Inc.,
ltnc. or construction at a contract price of $932,360, and authorizing the Mayor and City
of reservo r. Clerk to execute said contract, was adopted by the following roll call
vote, to wit:
AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Wilder, MacKay
Application of Farrel
On motion of Councilman Stoddard, seconded by Councilman Ridderhof
ppetoe_ or pub c
and carried, the Application of Farrel Rippetoe was approved for Public
s stem at
Address System at 322 Marine Avenue, Balboa Island, to broadcast
7'�dress
Avenue
Christmas music between the hours of 9:00 A.M. to 9:00 P.M., intermittently
a oa s an .
from December 16, 1957, to January 1, 1955.
Re City attendance
On motion of Councilman Stoddard, seconded by Councilman Higbie
In San Diego.
and carried, the City Manager was authorized to have the City represented
on Wednesday, December 15, 1957, in San Diego, in opposition to
proposed
regulations of the State Health Department governing public beaches
and
water contact sports areas.
Addition
On motion,of Councilman Stoddard, seconded by Councilman Ridderhof
communications re
and carried, four communications indicating six additional people vrant
name c ange.
the proposed change of the City's name on the ballot, and one communication
indicating six people do not want it on the ballot, were ordered filed.
Letter from Lester
On motion of Councilman Stoddard, seconded by Councilman Ridderhof
LTYS-se-Tr.
and carried, a letter was ordered filed from Lester L. Isbell thanking
the Council for the inscribed copy of Fifty Golden Years.
First National City On motion of Councilman Hart, seconded by Councilman Higbie and
Bank of vew ..o_r carried, the Council action taken on December 9., 1957, designating the
es nate sca Empire Trust Company as fiscal agent in New York for the City of Newport
or ater Bomm Beach Water Bonds, 1957, was rescinded, and the First National City
Bank of New York was designated the fiscal agent in New York for the
City of Newport Beach Water.Bonds, 1957.
Re Demurrer of The City Attorney stated that he had received the Dem=rer of
er can American Exploration Co., Inc., to the Complaint in Intervention of
xion Co., the City of Newport Beach in the Orange County Superior Court action
Inc.. in Case No. 70717, County of Orange vs. State of California.
Meeting adjourned. On motion of Councilman Bart, seconded by Councilman Stoddard and
carried, the meeting was adjourned.
Mayor
ATTEST:
A tt�c i�i� nN wd^ /✓
City Clerk V
J