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210 SPECIAL COUNCIL MEETING <br />February 28, 1979 <br />A Special Meeting of the City Council of the City of Colton was held on the above <br />given date in the Council Chambers of City Hall, located at 650 North La Cadena <br />Drive, Colton, California, at 5:30 p. m., Mayor Gonzales presiding. <br />Notice of Special Meeting was given on February 26, 1979, in compliance with <br />Government Code Section 54956. <br />ROLL CALL: <br />Council Members present were Hayes, Cisneros, Rehrer, Temby, and Mayor Gonzales. <br />Also present were City Manager Calabrese, City Attorney Edwards, City Clerk Ramos, <br />Director of Building and Safety John Twiss, and Jess Perez, Architect. <br />Community Centers <br />Mayor Gonzales stated the purpose for the Special Meeting is to resolve questionable <br />items concerning change orders, consider accepting and signing the Notice of Comple- <br />tion and releasing pay request payment No. 11 to the Contractor. <br />Director of Building and Safety John Twiss advised that he and City Attorney Edwards <br />had met with the Contractor, Senk and Anderson, and the Electrical Contractor, <br />McFadden Electric, regarding questionable items of Change Orders, previously dis- <br />cussed with the City Council, which he feels have now been satisfactorily resolved, <br />as outlined in the memorandum dated February 28, 1979. <br />Mr. Twiss recommended that the City Council accept and sign the Notice of Completion <br />for both Centers, issue payment to Senk and Anderson for pay request No. 11 in the <br />amount of $9,057.80, and pay the remaining ten percent (10%) fee in the amount of <br />$77,482.30 after the 35 -day lien period has expired, which amount could be adjusted <br />if any liens are filed during that period of time. <br />City Attorney Edwards also discussed the meeting with the Contractors, outlining in <br />detail the change order items in question, stating that these items were also dis- <br />cussed in detail with the Contractors. Mr. Edwards advised that the Contractor <br />was asked his views on when the buildings were actually completed, and both Mr. <br />Senk and Mr. Anderson responded with a date of completion as August 14, 1978, and <br />alluded to the fact that the County had moved in in August, the gas service was <br />turned on which could be construed as evidence of occupancy, and referred to a <br />letter from Mr. Perez regarding a meeting in which Mr. Perez made a reference with <br />regard to completion, which the Contractors considered to be an expression of the <br />buildings being complete. <br />Councilman Rehrer stated to the City Attorney that as far as he was concerned the <br />City had nothing to do with the County occupying the Center back in August, the <br />County put up their own money for this, it had nothing to do with the City. <br />City Attorney Edwards responded that the Contractors made the statement with regard <br />to the County occupying the buildings in August and their opinion as to a date of <br />completion. Mr. Edwards said it was not his statement that it constituted comple- <br />tion or acceptance or anything else. Mr. Edwards concluded he simply wanted the <br />Contractors to state what they thought, and that was what they said. <br />Mr. Twiss stated the Contractors indicated any time that gas service is turned on, <br />that meant the buildings were complete, which Mr. Twiss disagreed with. Mr. Twiss <br />said the Contractors, however, indicated they felt the buildings were complete and <br />ready for occupancy at that time. <br />City Attorney Edwards also advised that the matter concerning extensions of time <br />was discussed with the Contractors, specifically an amount of 58 days, to which the <br />Contractors responded that this had been computed by Mr. Perez and he would have <br />this information. <br />Mr. Jess Perez, of Perez and Hurtado, Architects, Inc., spoke to the Council Members <br />stating that the purpose of extensions is to grant to the contractor reasonable ex- <br />tensions of time when work, over and above the basic contract, either requested by <br />the City or caused by field situations, or in case of inclement weather, preventing <br />the progress of the work, be granted to the contractor. <br />FEB 2 31179 <br />