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Atty. Cliff Gibson’s Recommendation to City on Water Contract

August 6th, 2014 by

Gibson Listed below are the 4 recommendations from attorney Cliff Gibson to the mayor and city council, and dealing with the lack of communication and performance with the Siemens water line renovation project.

First, it is apparent that there are good reasons to be concerned about the subject contract and the performance of Siemens, thereunder. These reasons include substantial variance by Siemens from contract specifications. Here I am speaking about the complete substitution of the type and brand of water meters to be installed, because Siemens later said the type and brand expressly listed by them in the contract would not meet requirements. There are also questions about this contract not being put out for competitive bid, although I would note that the law applicable to that has been relaxed by the Arkansas Legislature in recent years, and there are questions about some $7 Million being advanced to Siemens before any substantial performance of the contract.

Second, I recommend to the City that it immediately retain the services of a reputable engineering firm versed in water
projects of this type to review the contract, plans, specifications and Siemens’ performance relative to the project, and that such be done with all possible speed.

Third, I recommend that the City instruct Siemens to temporarily suspend its performance under the contract pending investigation and review of all pertinent matters by the City.

Fourth, if requested, my firm would be available to assist the City and City Attorney Whit Barton in reviewing this matter and making recommendations to the Mayor and City Council.

6 Responses to “Atty. Cliff Gibson’s Recommendation to City on Water Contract”

  1. Very concerned says:

    So we aren’t full of doom and gloom!!! Can we please get rid of most of these council members???

  2. tax payer says:

    I find it absolutely amazing that $7,000,000 was advanced before any work was done! Who ever heard of such a thing?

  3. just wondering says:

    Is it just me or is the mayor returning with his same way of doing things. Seems like he wants it HIS way or no way. Seems to me its going to be the same ol same ol. Just saying!!!!

  4. Mary Ann says:

    If you research Siemens on the internet you will find many lawsuits brought against them by municipalities in the exact same position as the City of Monticello. They have a reputation of not fulfilling their contracts and substituting materials. The TEA Party warned city counsel members and the Mayor of this before the contract was signed. We asked them to look further into the situation also because of the type of meter they were installing, being the type that can be shut off remotely from another area, such as Washington, DC without consent from the public. The City Counsel and Mayor did not look any further into this company or the meters. Please remember this when you vote for City Counsel members in the future. There are some who have been in their positions for a long time and don’t do any research on anything themselves and will vote for anything that “sounds” good to them. It is time to get true representatives of the people into office.

  5. Pam Hudson says:

    I really get tickeled when I see comments posted where people do not use their real names. There is a reason for that you know. I want to say to this whole town that I have kept my mouth shut for years and my mother will be very upset with me when she is aware of this post. However, I am still going to tell you that if you think you can do a better job post your name and don’t be afraid to run for office. If you really believe in what you are saying then stand by your opinion and let the voters decide if you are fit for the job. if you do hold a position in the city government then you really should be ashamed of hiding your true identity. I am very proud of my Mother because I know her heart and how she has truely loved this town all these years. Good luck finding more like her, they are few and far between. Goodness truely comes from someone’s heart so BYE FELICA!

  6. Pam Hudson says:

    I didn’t spell tickled correct sorry!

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