Council settles

— Repairs to the intersection of Weston Street and Slack Street should be finished before winter, according to a settlement reached between the city and Hutchens Construction, following mediation.

The construction company agreed to re-work the intersection to contain a minimum of five inches of asphalt under the supervision of a city representative and the city will keep the retainage fees of about $122,000 due under their contract with Hutchens as part of a settlement between the two entities.

“It’s in their best interest to get in there and repair it as quickly as they can. It should be done before Thanksgiving, I think,” Howard Slinkard, city attorney, said.

“Their response was they would get it done in 60 to 90 days.”

Slinkard said the pavement will be cut out, some of the base removed, reshaped and rebuilt.

The city will pay the retained fee of $106,784.34 still owed to the construction firm within 15 days of signing the agreement. The council had voted to withholdthe fee previously in lieu of unsatisfactory work, and agreed to make the payment as part of the settlement.

Slinkard said Hutchens is a paving company and is very good at what they do, but the problems arose from work that was subcontracted.

The recommendation was presented to the city at the October City Council meeting.

In addition, Slinkard recommended accepting a proposed settlement with L. Douglas Fredeen P.E., owner of FKF, the former engineering firm, which began the work on Weston Street before filing bankruptcy. Fredeen will pay the city $5,000.

“He was the original engineer on the project. We felt like his performance was part of the reason the city got off on the wrong foot on this project,” Slinkard said, adding that the city later learned the insurance firms denied claims because Fredeen was delinquent in his premiums.

In other business, the Council:

◊Approved rezoning property on Greer Street belonging to Aline Denman from A-1 to R-1 asrecommended by the Planning Commission;

◊Accepted Wood Street as a city street;

◊Waived competitive bidding for DECCO to resurface Wood Street;

◊ Approved construction of a new storage facility for the Street Department on N. Davis Street for $8,980;

◊Approved the Arkansas Municipal League service charge and defense program charge;

◊Set a Committee of the Whole meeting for 3 p.m.

Monday, Nov. 15, to discuss the 2011 budget with all city department heads.

News, Pages 1 on 10/27/2010