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Council approves construction contract after tightening contingency authority; staff to insert liquidated‑damages language
Summary
The council approved a contract award but removed staff authority to increase the contract up to 25%, keeping a 10% contingency and directing staff to ensure liquidated‑damages provisions and project deadlines are clearly reflected in the contract specifications.
The Baldwin Park City Council approved a contract award July 15 after clarifying contingency and liquidated‑damages language. Council members asked staff to correct a draft contract section that would have allowed a contract officer to approve increases of up to 25% of the contract amount; staff confirmed the staff report recommends a 10% construction contingency and agreed to remove the 25% authority and return the final agreement for execution.
Council discussed the project schedule and enforcement language. The council noted the project’s proposed start—approximately 10 working days after the notice to proceed, estimated July 27—and a 180‑working‑day completion timeline. During discussion staff and the city attorney referenced liquidated‑damages language and an amount shown in specifications; speakers referenced both $4,000 per day and $2,000 per day during the exchange. The council directed staff to include appropriate liquidated‑damages language in section 7.7 of the agreement and to ensure the specifications and contract reflect the completion deadline.
The council moved and approved the contract as amended; the motion passed 5–0. The council also requested staff ensure the executed contract reflects the 10% contingency and the liquidated‑damages language as directed.
