Finance Committee — 01/19/2022 Page 12
So my question is if we approve this tonight, what assurances do we have that come May or June this isn’t going to come
before us again with another request to increase if there are more unforeseen circumstances?
Mayor Donchess
I’m not sure we can give you that assurance. If unforeseen circumstances arise again, it could come back. Now we’re
hoping, optimistic that that’s not going to happen. One thing is that we’re further along with the project — much further
along than we were before. So the chances of finding something unexpected are probably lower. Would you agree with
that Ms. Correa?
Camille Correa, Transit Administrator
| don’t know what’s underneath the north side roadway. Because when you’re looking at the design that the city has of
what is underneath the roadway, not everything is called out. So in order to fix that, we have to dig it up. Once we dig it
up, we’re not sure what’s there. However, the outcome is positive which is now there’s a diagram that says what exactly
is under there and where it’s located for people in the future to be able to have it. So that is definitely a positive for the
outcome of the project.
Alderman Comeau
Thank you.
Alderman Cathey
Thank you Mr. Mayor. In finding out these issues with the construction were any of the parties in breach of contract with
the delays and if so if it was the construction company, would we be entitled to any sort of recourse for that?
Camille Correa, Transit Administrator
The contract does have liquidated damages called out in it of $100 a day. The city has the option to negotiate in regards
to what the next steps would be. If we felt as though the city council needed to be brought in to take a look at the contract
deeper to make sure that what are our options. That’s definitely if the project is not moving forward. If the contractor had
any questions about the city and whether or not delays were due to unforeseen reasons for them, we want to make sure
that we have that conversation so that we can move the project forward or have those discussion to see what the options
are. So repercussion wise, we would rather try to work together to move the project forward and there are time when
liquidated damages are imposed upon a contract. In this case, they have not been to date.
Alderman Cathey
Follow up Mr. Mayor.
Mayor Donchess
Yes.
Alderman Cathey
Thank you. In your opinion, do you feel like there was a breach of the contract or do you feel like the city should or would
move towards liquidated damages and would that happen now or after this new agreement as you're overseeing the
project or you’re closer to it. What is your general sense of what happened? Like Alderman Comeau, it does seem like
there is at least a probability that it could happen again and then we're back at the same spot. | would like to prevent that
as much as possible.
Camille Correa, Transit Administrator
We have weekly meetings with the contractor and with the engineering firm. Also we have people within the city that
attend the meetings so that we can make sure that we look at it from different perspectives. The transit center was
erected in 1999. Not very many things have been done to it since then. One example is the wiring. Over the years,
many things have been done to the wiring and when you look at the box where the wiring is located, there’s a lot of wiring
in there. Not all of it is labeled. So that would be an opportunity for us to make sure that we get the wiring right and when
we move forward with reopening the transit center on the one side, that that particular part is done, is ready for the future.
