Highway Superintendent Jason Peters submitted a bid and contract for E&B Paving to the Commissioners during their regular meeting for repaving on Union Road in the amount of $394,000.
Commissioner Kevin Overmyer asked if the work was already completed. Peters said work should be complete by the end of Monday if weather permits.
Commissioner Stan Klotz said, “So basically we need to approve that contract – correct?”
Peters said that both the bid documents and the contract needed to be approved.
Overmyer asked, “Shouldn’t that have been all done beforehand?”
Peters said, “Worst thing was is that came in and we didn’t have a meeting up to and they were already there finishing up the bridge deck so it’s just kind of going retro.”
Klotz asked what else needed to be approved besides the contract.
Peters repeated that the bid needed to be approved and the contract agreement.
Attorney Jim Clevenger asked if the project was bid and if E&B Paving was low bidder.
Peters said, “No. We just went with them since they were already out there for the contract on the bridge.”
Klotz asked if there were any questions or comments.
Attorney Clevenger asked for clarification on who did the bridge repair. Peters answered that LaPorte Construction did the bridge repair.
Attorney Clevenger then asked if the bridge repair included paving by E&B.
Overmyer asked if E&B was out there for the approaches.
Peters confirmed that E&B completed the bridge deck and the approaches out to it. “So then while they were there we just continued to have them do the whole thing.”
Overmyer asked if the work was part of LaPorte Construction’s contract with E&B.
Peters confirmed that the bridge portion of the work was part of the contract with LaPorte Construction.
Attorney Clevenger noted that the scope of the work looked like quite a bit of paving on Union Road.
Peters answered, “It was.”
Attorney Clevenger asked why the paving project wasn’t put out to bid.
Peters answered, “Well, the biggest reason was they were there and just had them continue doing right off the bridge decks and do one continuous pour.”
Attorney Clevenger stated, “I don’t know that that’s an exception to the requirements.”
Overmyer asked Klotz if he knew about this. Klotz said, “I knew we had talked about it in the ARP meeting and that’s what’s going to be part of the ARP committee presentation this morning.”
Overmyer asked, “But did you know they were paving?”
Klotz answered, “I knew after the fact – yes.”
Overmyer asked, “What do you want to do with this?”
Klotz answered, “Well, I think at this point in time I don’t know that we have a lot of choice. I mean it’s something we talked about and was going to make a recommendation to do. But then they were – like I said they went ahead but they didn’t have approval from the Highway Department.”
Overmyer said, “Now we’re stuck here looking at a $394,000 bill that – in the past – you know – you said we’ve got to get quotes on stuff. We didn’t get a quote on this.”
Klotz agreed, “No, we didn’t.”
Commissioner Mike Burroughs said, “I don’t know how we can do anything different but approve it but certainly is not how we’ve done – “
Klotz interrupted, “We don’t want to do it again.”
Attorney Clevenger asked, “How are you paying for it?”
Burroughs answered that Klotz said it would be recommended from ARP Funds.
Klotz confirmed, “That was the recommendation – do it out of the ARP Fund. That was what was going to be the recommendation here today. We had an ARP committee meeting a couple weeks ago – ten days – two weeks ago – I don’t remember exactly when.”
Auditor Angie Birchmeier said, “And I will say that all of the ARP Funds are scrutinized very closely – more so than any other fund. And the suspension and debarment clause that we had to do a corrective action plan last year for – it comes up again. So they have to be verified. One thing State Board is looking for is to make sure that whoever we contract with is not suspended or debarred prior to us having the work done being contracted so that is one thing they will look for next year is that contracts are approved before work is done.”
Peters confirmed that the suspension and debarment documentation was included in the packet he presented.
Attorney Clevenger said, “This is contrary to all that stuff.”
Burroughs said, “To me – getting a recommendation to do something is not an approval to do something.”
Attorney Clevenger added, “Then you are being asked to approve something before you’ve even gotten to the funding business. So you are just doubling up on the issues.”
Burroughs agreed, “Putting the cart ahead of the horse.”
Overmyer made a motion to table the request until the next meeting which will be held on Monday, August 19th. That motion was seconded by Burroughs and approved unanimously.
Later during that same meeting, Klotz presented the ARP Subcommittee recommendation which was to fund the Union Road repayment and the balance of the ARP Fund to go toward new poll pads for the election that needs to be replaced within four years.
Overmyer said that Emergency Management Agency (EMA) Director Jack Garner had previously presented the need for more portable radios for the Sheriff’s Department. “I think that’s a much more urgent need to give these officers the resources that they need to communicate with. As you see in the news – 30 and 31 – with all the drug arrests and everything else. We are putting some of those officers at risk if we don’t give them the right communications.”
Klotz stated that he had sent an email to the Commissioners after the Public Safety Committee meeting that they were considering a potential match to provide all the towns and county with the same updated equipment. That was just a discussion – no formal action was taken.
The Commissioners did not take action on the ARP recommendation and hold the ultimate authority to approve or deny recommendations.
