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Council approves McCormick Street speed‑hump change order after legal questions raised
Summary
After a public speaker said the contractor’s bid bond might be unenforceable, city legal staff reported the surety had signed off and the council approved a $30,130 change order to add/replace speed humps on McCormick Street.
A concern raised during public comment briefly put agenda item 3.11 under scrutiny. Tyler Neuber told the council he had reviewed the contract documents and believed the contractor submitted an unexecuted bid bond, arguing that legal precedent could render the contract void ab initio and urging the council to defer action to legal. "If the contract is void and unenforceable, certainly, it is not in the best interest of the city to approve a change order," Neuber said.
Assistant City Attorney Ron Dente and staff advised the council that legal staff (including Amanda Browning Richardson, who was not present) had reviewed the matter and concluded the surety had signed off and the bond issue would not block proceeding with the contract. City staff described the change order as adding one speed hump and replacing another on McCormick Street; the amendment increases the contract by $30,130 (from $140,595 to $170,725) with Newsom Construction and Consulting LLC. After brief discussion the council voted to approve the change order rather than delay for additional legal research.
Councilmembers expressed awareness of resident safety concerns prompting the improvement; staff emphasized the contractor held current pricing and that removing and replacing the hump responded to field feedback about bump height and compliance with specifications.
