AG’s opinion sought in aquatics park project

The Ben Geren Aquatics Center has not only drawn the attention of the attention of Sebastian County residents, but now a state senator and the office of Arkansas Attorney General Dustin McDaniel have become involved in the project.

At issue is whether the park can be built using a construction manager-at-large, which was agreed upon by both the Sebastian County Quorum Court and the Fort Smith Board of Directors as the construction method of choice just last month.

Justice of the Peace Danny Aldridge, who voted against the construction manager and instead wanted to bid the project out, said he wanted input on the legality of not using an open bidding process.

"In the normal construction manager-at-risk process, he negotiates with all the subcontractors, he does not have to have sealed bids, does not have to go to the lowest bid. With the other, it's a lot more open and transparent and the taxpayer can see all the details, not just the finished product."

In requesting the opinion of the attorney general's office, Aldridge had to enlist the help of Sen. Jake Files, R-Fort Smith.

Files said while he does not meddle in county business, only he could get the opinion Aldridge requested.

"It's more a constituent issue. This is not the first time I've been asked to get an opinion. The protocol states that a representative or a senator must make the official request so the attorney general's office doesn't get bombarded. It's not that I'm trying to delve into county business. The constituent in this case just happens to be on the Quorum Court and wants the opinion on that basis."

A representative with McDaniel's office said Monday that an opinion was not yet prepared but would be made available when complete.

Files, who requested the opinion shortly after the May 21 vote of the Quorum Court, said the opinion could come at anytime.

"I've gotten them back in two or three weeks and I've gotten them back in what seems like two months," he said.

Sebastian County Judge David Hudson said he was confident the county and the city could move forward with the construction manager-at-risk construction model. He said Arkansas Annotated Code 19-11-801 gives counties the authorization to counties to enter into these types of projects, but he is consulting with lawyers on the matter.

"We are proceeding with legal counsel on this and will continue to do so when an attorney general opinion is rendered," he said. "I've identified what statutory options are available to units of local governments, (which is) why we are pursuing what we are pursuing (this method) and the advantages, from my perspective, to a construction manager-at-risk with this specific project (are many)."

He said the selection of a construction manager would be based on experience and credentials, not necessarily on cost. But with cost not being a factor, it could put county and city taxpayers on the hook for a lot larger bill than a project that is bid.

The only other project that the county has done that the county has done with a construction manager was the storm shelter at Ben Geren Regional Park.

According to numbers provided by Hudson, the original budget for that building was $1.334 million with a budgeted cost per square foot of $213.29. Using the construction manager-at-risk, he said the manager was able to work with the architect and sub-contractors to find cost savings, bringing the project down to a final actual cost of $1.265 million with an actual cost per square foot of $202.25.

Hudson did say that the county's storm shelter ran on the higher end of storm shelters, with price per square foot running anywhere from $160 to $240.

By comparison, the storm shelter at Woods Elementary School cost the Fort Smith School District only $127.69 per square foot, according to Zena Featherston Marshall, director of communications and community partnerships at the district.

She said the Woods storm shelter is among the largest in the district, totaling 6,375-square-feet. The Ben Geren shelter is 6,256-square-feet according to Hudson.

"These things vary is size and on other things," he said. "How many rows they have in them, what kind of amenities. Most (storm shelters) are schools. Take this for what it is, but it's like a house. You can say there's a 2,500-square-foot house. One will be $50-square-foot and another is $250-square-foot. It just depends on what you put in it."

Hudson did not detail what amenities the Ben Geren Shelter may have that would increase the cost so significantly except to say that utility work had to be done at the site and a parking lot had to be built since it was not built at a site within the park with an already-existing parking lot. Many of the school storm shelters are built onto existing buildings with parking lots already in place.

Files said while he sees some benefits to construction managers, he just wants to make sure the law is followed during construction of the Ben Geren Aquatics Center.

"The more I've learned and the more I see construction management, I see that there are some benefits, but I just want to see that the taxpayers get the most bang for their buck and I want to see it as transparent as possible."

Aldridge said he was not trying to stir trouble, he just wants to ensure a good bang for the buck, just like Files.

"There's advantages and disadvantages both ways. Using a general contractor through an open-bid process is a lot more taxpayer-friendly way to do business."

Hudson said a construction manager should be selected within the next month and will likely be voted on at the Quorum Court and the Board of Directors sometime in July or August.

If required to change to an open bid process, Hudson said the aquatics center would remain on schedule.