Fort Smith Board of Directors approve overage on Greg Smith River Trail, talks about review of legal support

The Fort Smith Board of Directors approved a $50,853 addition to Frontier Engineering’s original $156,000 contract for work on the recently completed Greg Smith River Trail, but it was not without opposition. The vote finished 5-2 at Tuesday night’s (Dec. 6) meeting from the Fort Smith Public Schools Service Center.

City Directors Tracy Pennartz and George Catsavis voted against the request, with Pennartz stating she was “not happy” with project oversight after the original contractor, Dixon Construction, was terminated from the job leaving unpaid subcontractors with approximately 91% of the job complete.

Dixon Construction owner Morlin Dixon lost his bid to finish the final portion of the trail in February. Weather delays were blamed for his being 57 days past due at the time.

While Bobby Aldridge of Frontier Engineering acknowledged there had been weather delays that resulted in change orders rightfully delaying completion, he advised the city that Dixon’s subcontractors had pushed forward with certain work not according to an approved plan and that much of the work was unsatisfactory, or as Aldridge put it on Feb. 17, “a bunch of little things that added up to a big thing.”

The city called its bond on the project in May and reached a settlement with Dixon soon thereafter. From there, the city “self-performed” the contract, Fort Smith Parks and Recreation Director Doug Reinert said, while also settling up with and utilizing the unpaid subcontractors. The project came to completion in October.

“The thing that bothers me is, there seemed to be no oversight as to whether the contractor was doing the job he was being paid for,” Pennartz said. “Having the $1.3 million that Walmart (Walton Foundation) and the state grant supplied to this project, added an additional burden to be good stewards, and while I’m glad we’re bringing this to a close under cost, I think that’s messed up.”

As part of a $1 million matching grant from the Walton Foundation, the city had to earmark $1 million. Overall just $869,000 was expended, so the project ended up about $130,000 under budget.

Also Tuesday, the Board authorized $448,500 for redundant electric service to the Massard Wastewater Treatment Plant as part of the $480 million consent decree for violations of the federal Clean Water Act.

According to Fort Smith Interim Utilities Director Bob Roddy of Burns & McDonnell, Matlock Electric Company was the sole bidder on the project, which provides for the installation of low voltage switchgear equipment with automatic transfer controls, manual transfer switch, site work and associated items needed to implement the dual power feed system required by federal mandate.

Roddy said there was limited interest in the project because many companies would rather work on “clean” sites where they “don’t get in there and find any surprises.”

“The sole bid submitted by Matlock of $448,500 was well under the engineer’s estimate of $600,000,” Roddy said.

Finally, the Board approved a contract for general legal services for 2017 with Daily & Woods. The law firm has handled city business since 1968 and has been the designated City Attorney since 1973. There was one other proposal this year from Mitchell, Williams, Selig, Gates & Woodyard, PLLC. Staff recommended Daily & Woods at an hourly rate of $150 per hour, which is a $5 per hour increase from 2016.