Commission approves milling payment for Horton/Sixth project, seeks fixes for bumpy overlay

Commissioner Tracy Dancer and the Fort Scott City Commission approved payment for the milling subcontractor on the Horton Street/Sixth Street improvement project at the Nov. 19 meeting, while holding open the question of how to repair sections of the newly overlaid pavement that exceed Kansas Department of Transportation (KDOT) surface-tolerance specifications.

The vote cleared the outstanding milling invoice but left the city’s engineering firm and the asphalt contractor tasked with proposing corrective work. "If there's a negotiation and an agreement to fix what needs fixed, then, like you said, per spec, maybe you shouldn't have to pay for that," said Jason Dickman, city staff project lead during the discussion.

Why it matters: Residents and drivers have reported uneven ride quality along the newly completed overlay. City engineers and contractors told the commission the milling work met the project specifications but that the overlay’s finished surface had areas that exceeded KDOT tolerances. Commissioners said they wanted options to smooth the road before final acceptance and full payment of the contractor’s overlay invoice.

Contractors and engineers described the sequence of work and possible causes in detail. Alan Skillman, introduced as area manager for the milling contractor, said the milling machine was operated to the project’s grade controls and that the millings themselves were smooth when checked on site. Ben Wicker of Heck and Wicker, the city’s engineering consultant, said Emery Sapp (the asphalt contractor) chose to install a fabric (mat) and place a single 3-inch overlay in one pass; Emery Sapp’s foreman had told Wicker the mat could shift under traffic if not locked with a prior leveling course.

The commission heard that a simpler 1-inch leveling course followed by the specified overlay, or a two-layer approach, might have produced different results. Wicker said industry practice used in some projects is a 1.5-inch lock course, the mat, then a final course; others recommended a 2-inch leveling course and a 2-inch wearing course.

Given the current condition, Heck and Wicker presented two repair options: a full 1-inch mill-and-overlay (which engineering staff said could cost hundreds of thousands of dollars and is difficult late in the season) or diamond grinding targeted high spots. Wicker said diamond grinding previously cost roughly $20,000 on an eight-block job four years ago and estimated a high-side cost now of $50,000–$60,000 for this work; he cautioned that the figure was an estimate and would need confirmation.

The commission voted to pay the outstanding milling invoice (motion: "pay the outstanding debt on the milling"; mover not specified; second not specified). The recorded vote was: Dylan Olsen — No; Tim Van Hooky — Yes; Matthew Wells — Yes; Catherine Salisbury — Yes; Tracy Dancer — Yes. The motion passed. The city will hold retainage (10% of the contract) as part of ensuring corrective work is completed.

After the vote, Heck and Wicker agreed to request pricing from a diamond-grinding subcontractor and to coordinate with Emery Sapp about corrective steps. Ben Wicker said he would "try to get in touch with him tomorrow and get an answer" and asked to return with a proposal before the end of the week so the commission could consider that remedy at its next meeting.

The commission also discussed inspection and specification issues. Staff said the project used KDOT specifications but was not run as a KDOT QA/QC project, meaning some tolerance checks that KDOT would perform on fully QA/QC jobs were not performed on a running basis. That mismatch partly framed the debate over whether defects should have been caught during paving operations.

The city will review contractor proposals for grinding or other corrective work, maintain contract retainage, and consider payment of the overlay pay application only after agreement on a remediation plan.

Ending: City staff and Heck and Wicker will bring back a written proposal and cost estimate for grinding or other corrective measures; the commission held the overarching overlay pay request and will address the construction amendment and final payments at future meetings.