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Town Center Park construction advances; council tables disputed change orders for further legal review

Heath City Council · October 28, 2025
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Summary

Council reviewed progress at Town Center Park and discussed change orders for Hill & Wilkinson (water line relocation and electrical primary support). Concern over unshown utilities and contract liability prompted council to table the change orders for legal and staff review to the Nov. 5 special session.

City staff gave an update on Town Center Park construction and presented two change order line items tied to site discoveries and electrical work.

Public works director Brian Creed said crews discovered a relocated 12‑inch water line where the entrance pond footers were set, necessitating relocation work that was quoted at $48,000. At the same time crews hit an older 3‑inch line that required repair. A second change order described bringing primary electrical conduit closer to the planned well pad; staff presented an amount of about $52,550.58 for primary power trenching and conduit work, not including transformers or switchgear.

Council members pressed staff about contract liability when contractors hit utilities not shown on design plans and sought clarity on the construction manager at risk (CMAR) contract language. "I would need to know more about the contract and how it's written and specifically what the plans say," Councilman (Ryan) Mormon said during the discussion, asking for legal review.

Because of those open legal questions, the mayor moved to table the change‑order approval to the Nov. 5 special session for further legal and staff review. The motion to table passed unanimously.

Separately, staff described ongoing park construction that will affect soft‑scape and irrigation sequencing tied to well drilling. Joelle Sanders, a landscape architect on the project, told council that the "vast majority" of the park could be open to the public in the spring, with some fields (Field C) expected later; the schedule remains contingent on the well‑drilling sequence and irrigation installation.

What happens next: staff will provide contract language to legal for review, produce backup quotes included in the packet, and return the change‑order item to the Nov. 5 special session. Park construction updates and aerials will be provided at subsequent council meetings.