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Commission presses DPW for answers as Station 35 remains unused and bond funds are drawn down
Summary
Commissioners demanded that the Department of Public Works explain why Station 35’s completion date has slipped and how liquidated‑damage payments are being applied, with Assistant Deputy Chief Don DeWitt saying liquidated damages are charged to contractors and reimburse Public Works’ extended project management rather than returning to bond funds.
Commissioners told the Department of Public Works (DPW) they expect a full explanation at the commission’s next meeting for why Station 35 remains unusable despite the facility’s completion and a slipped operational date.
President Katherine Feinstein said she was “incredibly disappointed” to see the projected operational date slip to fall 2021. Commissioner Francie Covington, who visited Station 35, described the facility as “gorgeous” and said it was “just sitting there while our firefighters are in this very cramped, old, dilapidated building.” She pressed for accountability and for DPW to explain why bond funds are being consumed while stations remain out of service.
Assistant Deputy Chief Don DeWitt provided a technical explanation of liquidated damages, saying those charges are imposed when a contractor fails to meet contractual schedule milestones. "Those liquidated damages... are then used to pay for all of, PW's, Department of Public Works, project management, extended project management time, any architects that are on‑site to continue work along the way. The contractor does not receive any of that money," DeWitt said. He added that liquidated damages do not come back to the bond and are not paid to the contractor.
Commissioners asked whether the city is ultimately paying for delays; DeWitt said the contractor caused the delay in this case and would pay liquidated damages, while the funds are used to reimburse public works for extended oversight. Several commissioners said finger‑pointing between agencies has obscured responsibility and emphasized the need for DPW to attend the next meeting with documentation of costs and schedules. President Feinstein said DPW representatives will appear at the next meeting to answer questions.
The commission directed staff to continue preparing for a robust follow‑up when DPW appears, including detailed questions on scope, schedule, costs and PG&E/electrification point‑of‑connection issues that were raised during the discussion.
