Council approves amended change order to restart Civic Center Pool waterslide, removes contested $137,112 delay charge

Mentor City Council on July 7 authorized a revised change order to move forward with the Civic Center Pool waterslide project, voting to remove a contested delay payment and approve funds not to exceed $218,000 so utility and other necessary work can proceed.

The administration told council the full change order request totaled about $355,000 and included 11 bulletins, a required backflow vault (about $50,000) and other corrections to drawings and utilities that were omitted from original plans. The contractor, Zerbe Construction LLC, submitted a claim that included delay‑related costs and supervision fees. A third‑party review by consultant Aaron McGinnis estimated needed change work at roughly $230,000; the contractor’s submission was reported at about $209,000.

Several council members, including Councilmember Blake, pressed administration on a $108,800 line item described as supervisor pay during the delay period and on a $137,112.06 delay charge. "This is taxpayer money," Blake said, questioning how a supervisor could be paid when work was delayed. The administration said some delays resulted from omitted utility locations in the design (gas, water, sanitary and storm sewer) and that the contractor delayed start until those issues were addressed. The law director said the city intends to pursue legal or insurance remedies where appropriate but needs defined damages to proceed.

To avoid further project delay, council voted to amend the ordinance by removing the $137,112.06 delay payment from the change order and to approve funds not to exceed $218,000 for construction‑related changes. The administration also said it would prepare separate follow‑up legislation to address disputed delay claims and seek recovery where possible. The amended ordinance (26‑ODash066) passed on the motion and roll call.

Councillors warned that delaying the project risks further schedule slippage: staff estimated some actions could push completion out by several weeks to months if not approved, and others said litigation could make it impossible to open the pool next season. Administration characterized Zerbe as a local contractor and expressed hope that removing the delay payment now would allow work to proceed while the city pursues reimbursement.

The council’s action authorizes immediate utility work and the other construction items necessary to reopen the pool project, and leaves the dispute over certain delay costs to be addressed in subsequent meetings or through legal channels.