Jeff Schilling, chair of the Troy Finance Committee, said the committee recommended that City Council amend Resolution R 46 20 24 to increase the authorization for the construction-management-at-risk (CMAR) contract with Peterson Construction Company for a valve-replacement project at the city water treatment plant.

The committee also requested emergency legislation so the contractor can be paid without delay and the project closed out. "Consideration of emergency legislation is requested so that the contract can be paid without delay and the project closed out," Schilling said.

Staff described several unexpected site conditions that increased costs, citing saturated soil requiring additional dewatering, roof drains that had to be rerouted, and pumping to keep water out of the clear well and valve vault. "The water table was more saturated than anyone initially thought... they had to do a lot more dewatering," Basil, a staff member, said.

The memorandum the committee discussed lists an original CMAR authorization of $1,357,151 and a proposed authorization of $1,396,905.85. Staff also described a negotiated change-order amount and an additional authorization request; in the meeting staff stated the negotiated amount was "77,390" and said the difference being requested was $37,635. The committee did not record a formal vote; the item will be forwarded to council for action.

When asked what would happen if the city refused the additional payment, Basil said the law director "does not advise us to do that," indicating withholding payment could lead to legal action. The committee did not adopt emergency legislation itself; it recommended that council consider an emergency measure to permit payment and closeout.

No council vote on the amendment was recorded at the committee meeting; the committee moved the matter to council for final action.