Evansville parks board awards Next Level Trail Phase 2 to Rivertown after late-bid dispute

The Evansville Board of Parks Commission on June 4 awarded the Next Level Trail Phase 2 contract to Rivertown Construction LLC following a contested bid process and approved a related change order for drainage work.

The vote to award the project to Rivertown was unanimous among commissioners present: Commissioner Davis, Commissioner Bates and Commissioner Clem all voted yes. The board also approved and executed the contract with Rivertown and later approved Change Order No. 2 for $6,454 to install an underdrain at a flat-woods section of the trail. Paul Bousman, deputy director of Parks and Recreation, said the Next Level Trail is a grant-reimbursable project and “we receive 60% back on this project.”

The award followed public remarks from Steve Schafer of Garmon Construction, who said his company’s bid had been turned in before the meeting began and urged the board to accept the low bid. Schafer said, “we completely respect everyone's role in this process ... We were surprised to get the call, 5 days after the May 7 meeting, that our bid was not going to be recommended because of timeliness.” He argued the bid had been handed to staff before the meeting and that the discrepancy was a matter of minutes.

Brady Rohrer, a representative of Rivertown Construction who was at the bid opening, contested Garmon’s account. Rohrer told the board he “was here at that opening, and it was definitely 3 minutes after the deadline that he turned it in.”

Doshne Street of the Evansville purchasing department explained the department’s recommendation. Street said purchasing had recommended against accepting Garmon’s bid because the meeting video shows the bid was submitted at 12:03 p.m., after the advertised noon deadline: “I did make the recommendation that we should not have accepted Garmon's bid due to the time of the meeting having started. I did speak with Director Crook at 12:03 while I was at a separate event, and that does show in the video.”

Director Crook and staff recommended awarding the project to Rivertown; Crook said the city has multiple contractors eager to improve parks and that staff recommended Rivertown based on the bids and timeliness. The board called individual roll votes and approved the award and contract execution.

On the change order, Bousman told the board a drainage pipe and underdrain were added because a spring construction inspection found a drainage need to prevent future erosion. The board approved Change Order No. 2 in the amount of $6,454; Bousman reiterated that 60% of project expenses will be reimbursed under the grant.

The discussion highlighted competing priorities for local procurement: honoring published deadlines and avoiding litigation risk from deviating from strict procurement rules, while seeking to award work to the lowest responsive bidder. Purchasing staff noted the city must follow a “very strict statutory process” to limit exposure to procurement protests or lawsuits.

Votes at a glance - Award Next Level Trail Phase 2 to Rivertown Construction LLC: Yes — Commissioner Davis, Commissioner Bates, Commissioner Clem; outcome: approved. - Approve and execute agreement with Rivertown Construction LLC for Next Level Trail Phase 2: Yes — Commissioner Davis, Commissioner Bates, Commissioner Clem; outcome: approved. - Approve and execute Change Order No. 2 in the amount of $6,454 for Next Level Trail: Yes — unanimous among those voting; outcome: approved.

What’s next: Staff will execute the contract with Rivertown and proceed with Phase 2 construction; staff noted grant reimbursement will follow grant procedures. The board did not change the city’s bidding deadline language at this meeting but discussed possible future clarifications to address timing versus meeting start time.