Commercial Sidewalks

223 Commercial Avenue, Smithville, MO64089

Commercial Avenue Sidewalks


Selected contractor: 

The City received grant funding (80/20) to complete a 6 foot sidewalk from the Smithville High School to Meadow. The low bid was awarded to Legacy Construction in late 2024 with Notice to Proceed in June 2025. Unfortunately, in August of 2025, Legacy Construction defaulted on the contract.
The City notified the Surety Company, West Bend Insurance, and notified them that Legacy was in default and they would have to complete the project. West Bend hired a construction manager and has received bids to complete the project. Currently, staff is working with West Bend to make sure all contract requirements are met and the contractor that West Bend is hiring meets MODOT qualifications.

It is anticipated that the City will receive a “Take Over” agreement from West Bend next week (week of Oct 6th). The “Take Over” agreement basically provides that the Surety is taking over the project to be completed. The project will be completed meeting all requirements. The “Take Over” agreement will be presented to the Board for approval at an upcoming Board meeting.

Additional costs to complete the project over Legacy’s accepted bid will be paid by the Surety, any change order would still be the City’s responsibility but subject to the unit prices of the original bid.

Pending MODOT, City approvals and finalizing the “Take Over “ agreement, we are expecting to re-start this project late October / early November. At this point, the contractor has proposed 68 calendar days to complete the project but weather could play a role in the completion.

Update 10/17/2025:

The surety company has proposed a replacement contractor, Selby Excavating LLC. The City will host a pre-construction meeting on Tuesday, 10/21. That same evening, the Board of Aldermen will consider an agreement with the surety company. If approved, the new contractor plans to begin construction on 10/27. However, it may take a few days for them to mobilize materials and equipment.

 
We anticipate traffic impacts along Commercial Avenue beginning as early as next week or the following week. We will share more details as soon as we receive information from the new contractor.