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Wichita mayor says Eagle article revealed removal of waterworks contract penalty language; manager to investigate
Summary
Council members demanded answers after a Wichita Eagle story showed a September 2024 water-treatment contract amendment differed from the presentation to council, with Mayor (Speaker 1) saying liquidated-damage language may have been removed; the city manager scheduled an executive-session update Feb. 10 and pledged to find who made the change.
Speaker 1, identified in the transcript as the presiding official (Mayor), said she learned from a Wichita Eagle article that a September 2024 amendment to the city's water-treatment contract omitted language on liquidated damages and demanded to know who removed it and which department failed to notify council.
"I am very, very disappointed in not only finding out information as I'm driving up to Topeka from the Eagle asking me about a water treatment contract that was passed in September 2024," Speaker 1 said, adding that the council was not told the contract language had been changed. She said she recalled discussions in executive session about warranties but not about removing what she described as "possibly $5,000,000 off the table." The dollar figure was offered by Speaker 1 as an approximate concern, not as a confirmed accounting of damages removed.
Speaker 2 (City Manager) told the council the administration will provide more information and that an executive session is scheduled for Feb. 10 to brief council on the plant and contract matters. "We are going to recover all the costs that are owed because of this delay," Speaker 2 said and noted additional contract language and change-order details would be highlighted in the executive session.
Several council members urged caution in interpreting the press coverage. Speaker 4 reminded colleagues that executive-session material is attorney-client privileged and suggested staff and the director of public works respond before the council or public make assumptions. Speaker 2 also said the Eagle's headline conflated late fees and liquidated-damage provisions and that the briefing would unpack the distinctions.
The mayor repeatedly asked staff to identify "who took it out of the contract" and which department did not flag the change for council review. Speaker 2 said he would find and present that information to the council. No formal motion or vote on the issue was recorded in the transcript; the record shows only the mayor's request for an internal investigation and the manager's commitment to report back at the planned executive-session update.
Next steps: the city manager scheduled an executive-session update for Feb. 10 to give council more information on the plant, contract amendments and cost-recovery plans. The transcript indicates staff will supply a written and verbal accounting to explain the contract changes before any formal council action is taken.
