CC 11-23-70
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CIII or aJPmIJO, State of Cal1fonda
- II 1bn'e Av.... Cupertino, Calífonúa
- - J1' I : 2S2-4SOS
IUJIITU:; Of' mE ADJOUlUlED DC:IIIAIl MEETING OF THE CITY COOIIC1L
BILD Jm'tMIER 23, 1970 D TIlE CONFERESCE \tOOM, CITY BALL
liuru<u", CALIFOIüiIA
~ 1''''1 vas c&lled to order ae 7:32 p.lII. by Kayor Stokes.
..u c.u
r t1.. in att-'''....e: Fitzgerald, Frolich, Green, Noel and
....._.: Scokes. AlSo' in attendance: Acting C~ty ~'ianager-City Clerk
R~ --, City Attor:oe:r MallIS, Public Works Director !arbor('ugh.
CIry ACcorney Ada:s presented a proposal to the C=~ncil recommerßing
~ a contract :~'~!e order be authorized for tr.e remedial painting
ef the Bud Water :~::À;. He exp1a1Ded that the sit1.Ution develop~ when
~ the eleve::.:i ""nth of the oøe-year warranty period the t;ank was
~~--A and the i::e~ior inspected, defects in :r.e painting were ob-
..d and when a::ecpts were made to correct the: 3 more serious chip-
pfJIc of the pain: ::~.. place. He said that a diffe~ence of opinion
~ted between :i~ :ontractor and the City as t: ~~ose liability this
..._ The differi:f :ontentions were the paint a. >?ecified and used
aT t;he method of ~~~:ication.
1fI:". a.. said thJ.: an agreement had been reach": :etween opposing
, -la on an i:::e~;'" solution whereby the Contra::or would use a
cU1fereot; paint ~ a different painting syst... i:: lieu of the remedial
_1.. utilizing t:.4: which had beeD done before. :::e new system would
CGet S2l,S4S.00. :~: of which the Contractor woul~ stand the cost of
$11,100.00, represë::ing that which would have bee:: necessary t;o repair
~ the old s~-.:e. The difference of $4,445.C': would be payable by
~ City to the C:::~actor vi thin fc~ty-five days after completion of
~ work. A furt~r clause permits litigation t: :e instituted by the
~ractor as tc :i. initial liabilit;y and shoul¿ :~e decision b~
ta.ørable to the:. :::. City vould be obligated to ;>ay the $17,100.00
~ly referr~¿ to.
Ia _r .to Kaycr Stokes' qu.stioD, !fr. Yarborough said that vater
~~..... from the :.0:£ is used in the system and Mt lost. The probable
. of failure ""15 in the shop priaiDg as every indication vas that the
fl.e1Al priJlling was all right. ae..14 that it vas alaaost impo..ible to
u·."UJah liability for material failure.
(' -~I-a Frolic:h uUd if the paiat vas specified by brand _ or
l' ~..&_., the ~r to which __ both under the n.' .y.U.. Tbe old
~ bad the _ specified plus ~ alternates in the paint inself
.. 80C ebe met~ of applicaU_. Mr. Yarborough told CouncU_a Frolic
aa.c ~ contentic: for City r~1bility vas the impossibility of doin
It. _ job a .ec..-.at tlae.
511 {. c ø
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CC-71
roll call
Hud "ater
Tank Contract
Change Order
discussion
.... 2
cbaD&e order
.,¡woyed
MftI-:t_enc co
BC-SI,242
adjourned to
:>ersonnel
~ession
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II1aIItes of the City C-cll MceU..., JoveMer 23, 1'70
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CouDc:Uaan Hoe! __ lúolrI,d tbat Mark n-as Co. ok_ up the or1ainal
..-ciUcatiODS.
It val 1IOVed" by CodIcil.-a loe1, leeODdeel by CouftCilun FroUch aDd
....ed una~U8ly on a roll call vote to approve the rec._A ea._
c:baDge order for the paiDtiDg of the Bud Vater Tank vith the nipula-
tion that tbe City _lei pay the aelditiollal con of $4,445.00.
JIr. Yarborough askeel the Council's concurrence in the øenclaeDt of
CoDcIition E of Resolution 12 pertaining to Architectural ~~ Si~e
Approval eo.mittee Applicati~" N~-Sl,242. This application va. for
the Atlantic Richfield Co. station at the southwest corner of Foothill
Boulevard and Silver Oak Way. He said that a staff error had ~ccurrecl
10 the writing of the memorandum and specifications. Where it vas
written that the specific condition related to traffic in general it
should be if and when an overpass vas constructed at tbis site. He
reco..end~ concurrence in this correction.
It was rn~¥ed by Councilman Frolich and passed unanimously that the
amended c~ndition referred to be approved.
It was mo¥ed by Councilman Green, seconded by Councilman Frolich,
, passed un3~i~ously and so ordered by Mayor Stokes that the meeting be
adjourned a: 7:50 p.m. to a personnel session.
~econvened The meeti~~ reconvened at 9:17 p.m. and was adjourned by Mayor Stokes
and adj~u~- I to 7:30 p.=. on Tuesday, ~ovember 24, 1970 in the Conference Room of
:ent the City r411.
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APPROVED:
/s/ Cary G. Stokes
Mayor, City of Cupertino
ATTEST:
/si wm. E. Ryder
City Clerk