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Council approves $161,385 change order at water plant; staff to explore recovery from design consultant
Summary
Council approved a 3.1% change order for the backwash tank construction at the water treatment plant after field elevations differed from design; legal counsel will review the engineering contract for possible cost recovery from the design firm.
MIDDLETOWN, Ohio — City Council on Aug. 5 approved emergency legislation for a $161,385 change order to the BuildingCrafts contract to complete construction of a filter backwash tank at the city’s water treatment plant after contractors encountered an unexpected elevation discrepancy in the discharge line.
City staff explained that the construction documents showed an invert elevation of 628.85 feet, but field conditions were 2.46 feet lower; the discrepancy required additional excavation, concrete and rebar. The original contract value was approximately $5.18 million; the change order represents a 3.1% increase.
Councilmember West and others pressed staff on whether the engineer’s errors and omissions (E&O) insurance could cover the cost. Public Works Director Scott Tadic and city attorneys said the city has a separate contract with the engineering firm and that legal counsel is reviewing the design contract for potential recovery. The city will not waive the right to pursue claims; staff said the work had to proceed to avoid lengthy shutdowns and to preserve grant funding tied to the project.
“We would have shut the project down and pause it completely,” Tadic said, but added that stopping work could have delayed grant expenditures and extended the project timeline significantly. Law Director Alex Ewing told council he would attempt to obtain a status update on the claim‑recovery prospects within the week.
Council approved the ordinance to authorize the change order; several members requested regular updates on legal review and any recovery efforts from the engineering firm.
