City Council considers penalties for overdue water main project

By Travis Fischer, tkfischer@charlescitypress.com

The Charles City Council discussed liquidated damages over a two-year delay in the 4th/5th Avenue water main project during a workshop meeting on Wednesday, June 28.

The meeting began with Foster Grandparent Director Jennifer Lantz, who reported on her recent trip to Washington, D.C., to attend a convention for the program. While in Washington, Lantz was able to meet with the staff of Sens. Charles Grassley and Joni Ernst, advocating to continue the program’s federal funding at its current levels.

Moving into city business, the council discussed the 4th/5th Avenue HDD Water Main Project and whether the city will be assessing liquidated damages to contractor Summers Enterprise over the project’s substantial delays to completion.

Originally contracted in 2020 with a completion date of April 30, 2021, the project did not reach completion until May 23, 2023, 753 work days past schedule. With crews not showing up for days or weeks at a time, several residents in the area have grown frustrated with the multi-year disruption of the street and right-of-way.

“A lot of residents took it out of their own pocket to make the right of way as it was before,” said council member Patrick Lumley.

The contract for the project stipulates a $200 per day penalty for each day over due, amounting to $150,600 in liquidated damages, which would be deducted from the $311,353 remaining for the final payment request. The city has sole discretion over whether to excuse delays to the completion date.

While City Engineers Brian Sullivan and John Fallis advised that the city would be within its rights to claim the total of the liquidated damages and that Summers Enterprise has not been forthcoming with communications or documentations that would offer legitimate reasons for the extended delay, due to the amount of money involved the council decided to make sure that the city attorney has had an opportunity to review the matter before making a decision about applying damages.

In other business, Dave Davidson of Deans Jewelers has submitted a request for an easement on the Kelly St. sidewalk alongside his building to facilitate an ADA compliant ramp for his planned Deans Treats business. The council saw no issue with the easement so long as Davidson covers the costs and the sidewalk maintains at least four feet from the ramp to the back of the curb.

The council also discussed the renewal of a 28E agreement between the city, county, and the Cedar Valley Transportation Center. The 25-year term of the agreement expires next year and the three parties will be considering amending the agreement to run perpetually until any involved entity decides otherwise, but otherwise keeping it the same.

“If it ain’t broke, don’t fix it,” said council member Delaine Freeseman.

Finally, the council discussed golf cart policy with Police Chief Hugh Anderson.

With the state Legislature allowing golf carts to be registered as UTVs, Anderson wants to update the city’s ordinance regulating unregistered golf carts to the extent that they can be regulated, taking inspiration from Clear Lake’s ordinance.