Fort Smith board now plans to seek bids for water slide work

It’s the story that won’t die. The Fort Smith Board of Directors appears to be on a path to rescind a vote that gave Royal Ridge Construction a $1.059 million no-bid contract to install five water slides at Parrot Island Waterpark.

The board, with a 4-3 vote, on Jan. 20 approved a $2.689 million plan that includes partially using a general fund reserve balance. The funding would cover installation costs that grew beyond the initial budget.

Specifics of the plan, as noted in a memo from Acting City Administrator Jeff Dingman, would pull $1.274 million from the city’s general fund reserve, use $760,000 from interest earnings on accumulated sales tax revenue dedicated to parks and recreation capital projects, and $655,000 from unspent funds already approved for the water slides.

That total, $2.689 million, would pay for the following: $1.059 million for water slide installation by Fort Smith-based Royal Ridge Construction; $680,000 for related pump house and electrical work; $600,000 estimated for related pool equipment and piping; and, $350,000 estimated for landscaping, fencing, sidewalks, etc.

A complaint filed by Fort Smith attorney Joey McCutchen in the Sebastian County Circuit Court alleges that the city of Fort Smith violated state and city codes when the board approved the $2.689 million plan to install the waterslides. Specifically, the complaint alleges that the city erred in waiving the competitive bidding process when granting the work to Royal Ridge.

“The complaint asserts that delay and budget overruns do not meet that legal standard and that the waiver ordinance was adopted without any emergency, public safety concern, or factual findings demonstrating that competitive bidding was not feasible,” McCutchen said in a statement.

During Tuesday’s (Feb. 17) board meeting, Director Lee Kemp, who worked directly with Royal Ridge, proposed rescinding the offer to Royal Ridge and having the city issue a request-for-bid. He suggested the request be posted Feb. 22, with the board reviewing bids by March 10, and voting on a bid on March 17. He said the change delays the process by 30 days.

“This I think is the cleanest way to demonstrate how the process of separating aquatic work from structural work is where savings savings, and to further strengthen the fact that we need to save time and money and not tie projects like this up in litigation, and seeking to continue to show that we have sought the lowest cost possible which I think should be our goal,” Kemp told the other directors.

Kemp said he thought the bid request could be done without board action, but city administration requested formal direction.

“Technically, administration could do this without the board, but I know as I have spoken with administration it was preferred that this would come as a direction from the board,” he said. “I would like to offer this up to administration to do this process.”

Colby Roe, an attorney with Daily & Woods who provides legal services to the city, told the board that a new resolution will need to be approved before new bids can be approved.

“There needs to be an action by the board to affirmatively rescind that resolution and terminate that contract approved by it,” Roe said.

In response to questions from Talk Business & Politics about the legality of moving forward with a process in contradiction to a board-approved resolution, Josh Buchfink, Fort Smith’s public relations manager, provided the following.

“In Jeff’s (Dingman) opinion and based on last night’s conversation, which included our City Attorney, the City can proceed with the bid procurement process. However, before approving any subsequent contract, the Board will need to rescind the previous ordinance that awarded the contract. During the meeting, two directors agreed to place the rescission of that ordinance on the agenda for the March 3 regular meeting. While the Board approved a contract with Royal Ridge, it has not been finalized or signed. The funding for this project was allocated through a separate action, and that appropriation remains in effect. Once new bids are received, the City will reconcile the previously appropriated funding with the bid amounts.”

Also, according to the city, there are two projects to be bid. The first is the concrete foundations, plumbing and construction of the pump house. That was the work awarded to Royal Ridge. The second project, estimated to cost $600,000, to be bid is installation of pool equipment, pumps, and pipes.

“The goal is to bring both items forward for consideration at the March 17 regular meeting,” according to the city. “CSM Waterworks will install the water slide components after the aforementioned work. This installation work was approved at the March 4, 2025 meeting.”

McCutchen suggested that Kemp and others should ensure the process to move to competitive bidding is legal.

“It is a shame that it takes a lawsuit to get the city to go through the lawful process of competitive bidding on the multimillion dollar Parrot Island budget busting overrun,” McCutchen said in a statement. “Director Kemp seems to have the cart before the horse. Before Director Kemp starts ordering the city administration to rescind the contract with Royal Ridge or reissue a request for bid, the City needs to rescind the January 20 ordinance waving the requirement for competitive bidding on Parrot Island.”