Anonymous has left a new comment on your post ""The Mouse That Roared"":
The discussion had been about the missing penalty clause and Evelyn was correct. Council did have to pass a motion to include it in all future contracts. It had not been requited before and was largely responsible for the town paying so much for the Leisure Complex modifications.
Posted by Anonymous to Our Town and Its Business at 2 March 2015 at 15:38
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It is not accurate that lack of a penalty clause was the reason the AFLC project cost zoomed above the contract price and completion was five months late.
I don't believe Councillor Mrakas motion was intended to obscure the facts. It was hardly his job to explain how things went wrong.New Councillors are being managed. It will take a little while for them to recognize it.
Penalty clauses are like window dressing. They make the product look good.but have no value in themselves.
The AFLC renovation and addition was five months late in completion and exceeded the contract price by $1.650 million. An absent penalty clause was not the problem.
The town has a legal department with two competent lawyers who have not been afraid to provide
straightforward professional advice to Council.
They were not retained by the Mormac regime to enable whatever political exigencies were presented to them . Town Solicitor Warren Mar has not been quoted on any aspect of a penalty clause. That"s anabsence to be noted.
The contract price escalated because plans for a structural component failed to be included in specifications and had to be added after the contract was awarded.
Considering strict legality of the award process for public contracts,the failure wouldnot be to the town's advantage in any dispute over liability. A million dollar oversight does not qualify as a minor
change order.
Mr Simanovskis has noted lin a public meeting, staff had no idea how much time was needed to
supervise the project. It follows the right amount was not expended.
For the Joint Facility he recommended as an afterthought and received approval to hire a. project manager to supervise construction .ALREADY. UNDERWAY since July 29th 2014.
SEVEN MONTHS AGO?
Even if the AFLC project had finished on time, both projects would have overlapped and plans were for supervision by staff already working at full-time functions.
Even if that was practical, what does a Directorof Environment and Public Works Infrastructure and
the Manager of Facility Maintenance know of particular features of a multiple recreational facility
Oh Dear Me No!!! The failure had nothing to do with lack of a penalty clause.
Everything to do with stupidity. ignorance. lack of due diligence and plenty of blame to share.
If ever Council needed an in -camera meeting to dig beyond the surface for answers this was such an occasion
At least they might have been able to provide a logical explanation instead of the faulty logic of errors and omissions in a legal contract.
Tuesday, 3 March 2015
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14 comments:
It would be better if we had a decent communications dept. and did not have to rely upon drips and drabs from gossip and the newspapers. The mayor was quoted on the penalty clause and that motion was passed by all of the councillors. There is no one speaking on behalf of the town to whom we can turn when a mess ensues. And that cost escalation was certainly a mess.
Weather's getting nasty - everyone be careful out there.
Penalty clauses are double edge swords. If you were to put one in to protect yourself, the contract price will go up because the contractor will need to purchase insurance and will pass along the costs. So you're protected, but is the cost benefit acceptable?
What I find amazing is the newspaper headlines that a Project Manager has been retained for the JOC project. The way it was worded I assume that there was no dedicated PM on the LC project. If that is true, then the council is guilty of negligence.
And they want to take on a new Sports Facility ?
13:34
If they bring in an outside Project Manager, is that not a way of distancing themselves from responsibility ? Just asking as this is not my field.
What exactly are the Project Manager's professional qualifications and experience?
This should be made public by Council so we can all be satisfied with the level and expertise that will be brought to the job and so that there will be no "surprises."
I sure Wish Evelyn was still on council. All this stuff is making me want to throw up and I don't even watch the meetings anymore.
"I sure Wish Evelyn was still on council"
I bet the present Council is glad she isn't.
Mr Simanovskis' another excuse to hire project manager - he needs to look after the clear bags and led lights. It's a joke! So he get's the easy job for his/her high salary. No wonder they have to pay the project manager such a high number because they need to scale it accordingly.
20:39- I definitely would have wanted Evelyn to be on council. But...I think I'm kinda liking her being on the sidelines. She is now not bound to "confidentiality BS". I've learned you don't have to be in the soup for it to be good. Participating in the making of it, is just as important....And many times even more important.
Hopefully the project manager has his/her PMP designation. In order to get that you have to take a number of courses, show experience and then write an exam.
I have done the first two myself - no exam yet.
According to the other paper, the town has Highland's plan. Now that should be fun to watch unlike Timberlane which might as well go straight to the OMB
23:57 - Sure they're glad she's not on council! 4 more yrs of having Evelyn showing how everyone is inept in that council chamber. I wouldn't want her there either if I was one of them.
Yeah, but she isn't get paid for all her effort.
I feel beholden to her & Christopher,
18:18
Your fawning over both is all that their egos need.
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