Finance Committee - 7/19/2017 Page 6
NEW BUSINESS — ORDINANCES — None
TABLED IN COMMITTEE
MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE THE COMMUNICATION REGARDING
CHANGE ORDER #2 TO THE CONTRACT FOR THE INSTALLATION OF SIPHON COVERS
MOTION CARRIED
From: Dan Kooken, Purchasing Manager
Re: Siphon Covers Installation - Change Order #2 (Value: $16,618)
MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER #2
TO THE CONTRACT WITH WILLIAM P. DAVIS EXCAVATION, LLC, IN THE AMOUNT OF $16,618.
SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER
ON THE QUESTION
Mayor Donchess
One question that came up was is there any way to pursue the original designer for liability. Maybe Mr. Bolton
is here to address that as well. There’s some change being required here. Is there any possibility of pursuing
the previous provided in terms of liability?
Ms. Osborne
| believe that was brought to the legal department. However, what | am here to speak about is whether or not
we can wait for such litigation.
Mayor Donchess
| do have an answer on the litigation question, which is this was put in ten years ago. It’s too long, too far back
to pursue it. The cost of pursuing it would exceed the contract price. The ten years is beyond the statute of
limitations really.
Alderman Cookson
My understanding was it was completed by Methuen Construction in 2009, which would have been eight years
ago.
Mayor Donchess
Eight years ago then.
Alderman Cookson
Does it change the course of the conversation? Eight years, ten years, it still exceeds the statute of limitation?
Mayor Donchess
Correct.
Alderman Cookson
Do we know who signed off on the vortex from a city perspective on the original construction?
