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Evansville parks board approves two construction contracts; MWBE compliance officer clarifies DEI was not basis for award

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Summary

The Evansville Board of Park Commissioners on June 11 voted to award two park-construction contracts to Rivertown Construction, including a $1,103,430 contract for the Garvin Park Activity Zone and a $155,825 contract for site work and installation of the TP splash pad.

The Evansville Board of Park Commissioners on June 11 voted to award two park-construction contracts to Rivertown Construction, including a $1,103,430 contract for the Garvin Park Activity Zone and a $155,825 contract for site work and installation of the TP splash pad.

The board voted by voice on both motions after staff presented sealed-bid results. "The lowest responsive bidder on that project is Rivertown Construction, in the contract amount of $1,103,430," a staff member announced during the meeting. For the splash pad, staff said the "lowest quote for base bid on this project was, again, Rivertown, 1, $155,825." Both motions were moved, seconded and carried by voice vote; no roll-call tally was recorded in the meeting transcript.

The contracts drew public comment from Tallmadge Vick, who identified himself as the MWB compliance officer for the City of Evansville. Vick said he had recommended a different vendor on the Garvin Park project after reviewing bid submissions, good-faith-effort documentation and paperwork, and that his recommendation "was not based on anything derived around DEI. It was strictly based on what I felt through my, what I've been hired to do, to make recommendations with my experience and background, as that particular vendor being the most responsive bidder." He also told the board that neither prime bidder was a certified minority business enterprise and that subcontractor lists included some MBE and WBE firms.

A resident, Casey Sellers of 1418 Parrot Street, asked the board to confirm that responsiveness and responsibility requirements included insurance, minority-participation documentation and other items the county or the bid package required. Attorney Stahl explained that under the state's public-works rules, the legal requirement is to award a public-works contract to the lowest "responsible and responsive" bidder and that responsiveness generally relates to submitting required documentation. Stahl added that city ordinances regarding MBE/WBE participation are "phrased in a more aspirational way" and do not establish strict numerical quotas.

Board members and staff discussed the distinction between responsiveness and responsibility. A staff member noted that the compliance-review recommendation is one input and that the board may consider firm credibility or past performance when assessing whether a bidder is "responsible." That staff member also said both firms that submitted bids for the Garvin Park project were "very much in good standing with the city." Danielle Crook, the parks executive director, was absent; Mr. Bozeman sat in for her during the meeting.

No contracts other than the two awards were presented, and there were no vendor claims. After public comment concluded, the board adjourned.

Votes at a glance: - Award and execute agreement for Garvin Park Activity Zone to Rivertown Construction, $1,103,430 (base bid plus alternates 1 and 2). Motion moved and seconded; carried by voice vote. (No roll-call recorded.) - Approve and execute agreement for TP splash pad site work and installation to Rivertown Construction, $155,825 (base bid). Motion moved and seconded; carried by voice vote. (No roll-call recorded.)