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Pratt commission approves $10 million guaranteed‑maximum contract for Point Pavilion; Smiley Concrete named general contractor
Summary
The Pratt City Commission on Oct. 20 approved a general‑contractor agreement for the Point Visitor and Recreation Facility, naming Smiley Concrete LLC and authorizing a $10,000,000 guaranteed‑maximum price (GMP) with up to $2,500,000 in alternates if additional fundraising succeeds.
The Pratt City Commission voted Oct. 20 to approve the general contractor agreement for the Point Visitor and Recreation Facility and authorized the mayor to execute the final contract with Smiley Concrete LLC.
City Attorney Cody Smith, who presented the draft AIA form agreement, said the city currently has $10,000,000 available for the project and that contract language builds in a path for up to $2,500,000 in additional scope if fundraising covers alternates. "We have $10,000,000 that will be available to that we know for sure," he said, and staff described a separate alternates schedule and assumptions that would be added by change order when funds are raised.
Smith outlined key commercial terms: the GMP basis for the contractor price, a 5% contractor fee that will not be applied to alternate line items, a definition of substantial completion tied to when the facility can be used by the city, and incentives and penalties including a 1% early‑completion bonus and liquidated damages of $1,000 per calendar day. He said the contract includes shared‑savings provisions so that if work is completed for less than the GMP, 75% of savings go to the city and 25% to the contractor.
Commissioner (speaker 6) asked whether the contract defines "substantial completion," noting a common industry understanding that the term can mean the building is usable even if some finishes remain. Smith replied that in this AIA‑form agreement substantial completion means the facility can be opened and used — utilities and core systems functional even if a small number of finishes remain.
The commission approved the agreement on a motion by a commissioner and a second; the approval authorized the mayor to sign the final clean version after any minor revisions. Robert Smiley, identified in the meeting as the proposed contractor, was present for the presentation.
What this means: the contract allows the city to start construction with a $10 million GMP, preserves a path to add funded alternates later, and uses standard AIA protections to allocate risk and define remedies (time incentives and liquidated damages). Staff said the schedule in the draft contemplated substantial completion by August 2027, subject to change orders and the contractor securing bonding.
Next steps: staff will finalize the contract language, obtain signatures and proceed with contract execution and preconstruction activities. Any future changes that increase the GMP will require formal change orders tied to identified alternates or additional fundraising.
