MINUTES
WARRICKCOUNTY DRAINAGE BOARD
DEPARTMENT OF STORM WATER
REGULAR SESSION
March 1, 2010
Old Historic Courthouse
107 W. Locust St. Suite 303
Boonville, Indiana47601
812-897-6170
The Warrick County Drainage Board met in regular session with President Tim Mosbey presiding over the meeting, also present were Don Williams, Secretary; Phil Baxter, Surveyor; Bobby Howard, Director of Storm Water and David K. Zengler, Attorney for Board. Commissioner Noffsinger was absent.
Present in the audience was Kenny Elliott and Henry Bigge.
The meeting was started with the members and the audience reciting the Pledge of Allegiance.
Commissioner Mosbey: I will call this regular session of the Warrick County Drainage Board in session, we have approval of minutes? No, they are not done, I didn’t think so.
Next item on the agenda opening of the bids.
WILLOW POND DITCH-RE-BID:
Commissioner Mosbey: This is for the re-bid of the excavation of Willow Pond Ditch.
David Zengler: I have three (3) bids
Elliotts Excavating $23,700.00
Jerry Aigner Construction $32,750.00
Bigge Excavating $18,500.00
Commissioner Mosbey: Everything seems to be in order?
Commissioner Williams: Everybody knows what they have to do, right Mr. Surveyor?
Phil: Yes
Commissioner Williams; I move we give it to the low bidder, Mr. Bigge, $18,500.
Commissioner Mosbey: There is a motion on the floor to award the bid to Bigge Construction for $18,500 and I will second that motion, all in favor state by saying aye.
Motion carried 2-0.
Commissioner Mosbey: Any citizens comments or concerns?
Mr. Elliott: Yes how many times are you going to give it to him before he has to do it?
He was already awarded this bid….I’m Kenny Elliott he was awarded this bid back when? 2 months ago for $13,000.00 and he didn’t do it he comes back and says he wants more money. I wasn’t even second lowest bidder then so I shouldn’t even so maybe I shouldn’t even be saying anything but it looks to me like you should have went ahead and give it to the next bidder up or I mean we’ve got $4,000.00 between this bid if he doesn’t want to do it for the $18,000 can he come back and re-bid it again now? How many times are we going to do this?
Commissioner Williams: Only if we put it out for bids again, sir.
Mr. Elliott: I mean……I guess that’s it though huh? That’s what you’re saying you can bid it as many times as you want to?
Commissioner Williams: As long as we put it out for bids and offer it for him to bid.
Mr. Elliott: Okay, so anytime somebody….if anybody gets a bid on anything…..
Commissioner Williams; there was some extenuating circumstances on this bid that is why we re-bid it which were discussed at the last meeting.
Mr. Elliott: There is less work to there now than what there was the first time. That’s all I’ve got to say. It’s not going to make a difference anyway.
Commissioner Williams: Are all these other bids the same as they were last time or lower? I don’t think so I think they are all higher.
Mr. Elliott: Mine is lower but the rest of them are higher.
Commissioner Mosbey: Any comments, Mr. Surveyor?
Henry Bigge: Excuse me sir I couldn’t understand what your comment was? I’m Bigge.
Commissioner Mosbey: This is not…you guys can do that in the hallway we are in the middle of a meeting here right now, you can address the Board or else……if you want to address the board now is the time. State your name please.
Henry Bigge: Okay Henry Bigge Excavating I just caught part of that and it was said in the meeting that I didn’t do the job and I end up coming back for my money, is that what he said?
Commissioner Williams: In a nutshell.
Commissioner Mosbey: I don’t know I would have to listen to the tape I wasn’t paying that much attention and basically I think he is upset because it was re-bid, yes.
Mr. Bigge: The reason it was re-bid I think we all know because Aigner didn’t complete his part of it and now I’ve got to go back and do his.
Commissioner Mosbey: Well, now that is your opinion and other people have other opinions and we’re not here to…I’m not here to conduct a….
Bigge: Well, I’m here to straighten this out now if you guys don’t want me to work up here anymore that’s fine you can pay Jerry Aigner $32,000.00 to do this job.
Commissioner Mosbey: I think it has been straightened out Mr. Bigge you were awarded the contract, we just made the motion.
Mr. Bigge: I don’t know what is going on, I have been doing work up here for 30 years and all of a sudden everybody is on my butt about this work because I’m working too cheap.
Commissioner Mosbey: This Board right here just awarded you the contract because you were low bidder now if you want to consider that we’re on your butt that is your opinion I don’t look at it like that.
Mr. Bigge: Nobody explained to him why it was re-bid and I didn’t get this re-bid sheet until Friday.
Commissioner Mosbey: I think he is aware of…..Well this was a Surveyor, last Monday we……was it last Monday?
Phil Baxter: The reason it was re-bid was because you were supposed to start this the 1st of January and you hadn’t even attempted to start it. I shouldn’t have sent you a bid request to begin with.
Mr. Bigge: I couldn’t do it the 1st of January because Aigner hadn’t had his done until the 1st of February. Right..he was supposed to have had that done by December 24th 10 days and he wasn’t done with it and he still not done with it and Noffsinger said he wasn’t done with it, the specs said he wasn’t done and when I was here at the last meeting you said I should go ahead with the job. You didn’t call me up, you didn’t tell me that I didn’t have the job, you didn’t tell me you was going to re-bid until I got this and I got it in just a few days if I hadn’t looked at my mail Friday morning I wouldn’t have got it done.
Phil: It was done by the first of February ..January.
Commissioner Mosbey: At our last meeting I don’t know if you were here but at out last Drainage Board meeting we re-bid….whenever you said you needed $4,000.00 more dollars to do the job, that is when we decided to re-bid it.
Mr. Bigge: No you look at the minutes nobody said anything about re-biding.
Rod Madden: Yeah, excuse me I think I did give you a phone call and said we was going to re-bid the job and for you not to start….
Bigge: Nobody told me anything.
Rod Madden: Excuse me I did talk to you and you called me back later.
Bigge: You told me out on the job that you was going to re-bid it.
Rod: No sir, I gave you a phone call. No, sir I called you and you called me back a few minutes later madder than a wet hen, you sure did.
Bigge: No No
Commissioner Mosbey: Well, facts are facts we’ve put…..are you accepting that you are the low bidder and you are going to do the job for $18,500.00?
Bigge: Right
Commissioner Mosbey: Thank you very much that is what we’re here for to open the bids and you’ve got the job. I think it is supposed to be started when?
Phil: In ten (10) days.
Bigge: Now am I going to be held to that?
Commissioner Mosbey: Well, yes it’s part of the specs isn’t it?
Bigge: Well, Aigner’s part of the specs was the 24th of December and you never held him to it and that held me up on that job, that is why I couldn’t get mine done. We are working two different deals here I got one set of specs and he’s got another set, same way on specs with the ditch you want to read the specs on Stacer Ditch I’ve got them right here.
Commissioner Williams: We addressed…..We had actually….Mr. Bigge…
Commissioner Mosbey: Mr. Bigge You’re looking I don’t know the deadlines and the dates that is the Surveyor’s Office so you’re looking at us I don’t…..
Bigge: It was in the specs.
Commissioner Mosbey: Was it in the specs?
Bigge: It was in the specs he had to have it done by December 24, 2009 and it wasn’t done.
Commissioner Mosbey: Right can you address that? Was it weather related because of the delay?
Bigge: There was no problem with the weather he was on top of the ditch, nothing wrong with it.
Rod: We did talk to Jerry about putting it off a couple of weeks and we did agree to do that and he finished it in the time frame that we agreed to.
Commissioner Mosbey: Okay, so evidently they worked out something with Mr. Aigner because of the weather.
Bigge: There wasn’t no weather problems.
Commissioner Mosbey: Well, that’s your….everybody’s got their own opinion, Henry.
Bigge: Well, there are a lot of things that have been worked out with Jerry Aigner just like Pigeon Creek up there nobody went up there and looked at it. He said it wasn’t done, wasn’t inspected right who inspected the final inspection there?
Commissioner Mosbey: That was his opinion as a citizen.
Bigge: Who did the final inspection, Rod?
Rod: I did on the part from January 1st the part that you did when we come in the office, I inspected from that point to the end of it.
Bigge: You told me you looked at all of it, I’ve got a picture over here.
Rod: Well, so what, so I looked at it and I said it was all right, you was the one that did it, I mean what is your complaint?
Bigge: Aigner is up here blowing off that it wasn’t done right but then you guys go ahead and give him the pass on not finishing that ditch job with stuff that is choking up the creek……..You want me to just…you would be happy if I just gave this job to whoever was the next bidder up, why don’t you just do that?
Rod: Well, talk to Jerry Aigner about that, that is not me.
Commissioner Mosbey: Are you ready to adjourn the meeting? Okay this is all…we’re here…..we made a motion and awarded you the bid for $18,500.00, are you saying you don’t want to do….
Bigge: I don’t want to be held to the stone for this thing it’s going to have to be perfect where Aigner don’t, Stacer Ditch is…..I know what it is, I know what is going on here.
Commissioner Mosbey: Now Henry this sounds…….If you want to retract your bid that is your business, if you don’t want to do the job for what you just bid for $18,500.00 that is your call, I don’t care.
Bigge: Well, you wasted $4,000.00 or whatever I bid before because you didn’t make Aigner finish his, its tax payers dollars. You’re working for tax payers not…..
Commissioner Mosbey: I respect your opinion and you are entitled to your opinion, are you going to do this job for $18,500.00?
Bigge: I’ll finish this job and it will be the last one I bid up here, that will make everybody happy and I guarantee you think the prices are high now you wait till Jerry Aigner don’t have me to bid against. What was his bid this time I didn’t hear it, $32,000.00 that is absolutely ridiculous.
Commissioner Mosbey: I respect your opinion you’re entitled to your opinion.
Commissioner Williams: Mr. Bigge, let him go…I think the whole thing with this project and then I will have a motion is that we did something that we don’t normally do. We had two different companies working a project, that’s a mistake and I said that two meetings ago I will never let it happen again and I mean that. Sorry about that Mr. Elliott.
Mr. Elliott: I’m not….I don’t have anything against Mr. Bigge and I’m not complaining against him if I had bid the job for $5,000.00 and lot 15 or 20 I would have done the job and that is the way I feel if you’re bidding…….
Commissioner Mosbey: His complaint is we shouldn’t have re-bid it and I respect what he is saying.
Commissioner William: I do understand that, you do have a motion Mr. President to adjourn.
Commissioner Mosbey: Second.
Motion was made and seconded. Motion carried 2-0.
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