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Mr. Perez continued that in checking through statements, requests for extension 2 1 1
<br />time, change orders, etc., submitted by the Contractor, he believes these requests
<br />to be reasonable, fair and just, and he believes that the Contractor complied with
<br />the contract and did make the buildings occupyable.
<br />Mr. Perez advised that in all of his dealings with the building and construction
<br />trade, there has never been a job, that he has encountered, that has not had ex-
<br />tensions, extras, credits, etc., or completely void of problems, even after ac-
<br />ceptance.
<br />Councilman Temby stated he understood the contract between the City of Colton and
<br />its architect, Mr. Perez, grants the architect certain authority, however, it was
<br />also his understanding that consent from the owners, being the City, is required
<br />with regard to change orders, pay requests, money, and so on, and he wondered if
<br />Mr. Perez had received approval from the City Council on each of these items.
<br />Mr. Perez stated he did not submit, through the City Council, a request for approval
<br />of each and every item, as the progress of the work required expediency. Mr. Perez
<br />said he did, for the record, communicate with the City Staff, always keeping them
<br />apprised of any changes in the field, extras, etc., however, at no time did he
<br />authorize any extra costs to be incurred by the City, which were not known to the
<br />City.
<br />(� Councilman Temby said to Mr. Perez then, in essence, you got the authority you're
<br />speaking of from the City Staff and not from members of the City Council.
<br />Mr. Perez responded yes, in essence that is correct.
<br />Q Councilman Rehrer asked Mr. Perez who on the City Staff gave him this authority.
<br />Mr. Perez said it is normal on public works projects of this type to have a Clerk of
<br />the Works who acts as a full time superintendent of the project, for the entire project.
<br />Although our contract calls for supervision, you will note that the contract stipu-
<br />lates at least once a week, and we were here more than once a week, so it is cursory
<br />supervision rather than full time supervision.
<br />Councilman Rehrer said yes, but getting back to the subject, who signed their name
<br />on the line, authorizing these changes.
<br />Mr. Perez responded well, let me start at the beginning, with the beginning of the
<br />project, beginning with Mr. de la Cerda, who the City assigned as the prime Coordi-
<br />nator; then I was instructed to work with Mr. Lofy for a period of time, and quite
<br />honestly he was given the assignment of the job for a short duration of time with
<br />very little information to really orient him as to what we were trying to do. After
<br />that, the assignment came to Mr. Twiss. He again was at a disadvantage, and we
<br />spent many an hour going over and rehashing many items. Believe me, it took a great
<br />deal of time on my part to reorient each of your City Staff people on each of these
<br />transitional assignments. After that, I dealt momentarily with your Director of
<br />Purchasing and he had a great many questions on carpeting, especially, what was in
<br />the contract, what was not, and what was in the contract or what was not with re-
<br />gard to kitchen equipment, and so it goes. Finally, I worked directly with the
<br />City Manager for a period of time, but always it came back to Mr. Twiss.
<br />Mr. Perez said he was naming names because you asked the question but he would like
<br />to make it clear to the Council Members that at no time did he have the impression
<br />that the policies of the City Council, or the City, were being in any way deviated
<br />from in these extra costs. The contract clearly provides for extra costs, and often-
<br />times there are many extenuating circumstances that no one can predict, such as oc-
<br />curred in this case.
<br />Councilman Temby then questioned the installation of the dishwashers and the cost
<br />involved.
<br />City Manager Calabrese stated the physical location of the dishwashers was done
<br />by the City, and the electrical wiring that was needed was done by the contractor.
<br />A representative from McFadden Electric Company stated that they installed the out-
<br />let for the dishwashers at both Centers, which entailed more work at the Hutton
<br />Center because they had to remove the drywall before they could install the elec-
<br />trical outlet.
<br />Mr. Perez advised that the dishwashers were not a part of the basic contract, they
<br />came as a request after the award of the contract, and that is why it is an extra.
<br />FEB 2 P, -979
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