ࡱ> 02/7 (bjbjUU *$7|7|Al,,,,,,,@@@@8x @XZZZZZZ$ ~,~:,,:::,,X:X:B:| :,,,X ` L@@ X0RLX:@@,,,,The Fulton County Drainage Board met in Special Session on Monday, December 6, 2010 at 8:45 A.M. E.S.T. in the Commissioner/Council Room of the Fulton County Office Building. Board members present were: Chairman, Roger Rose; Vice Chairperson, Sherry Fulton; and Stanley Musgrave. Others present were: Drainage Board Attorney, Greg Heller; Secretary, Jean E. Cloud; and Surveyor, Don Towne. Chairman, Roger Rose, called the meeting to order at 8:50 A.M. E.S.T. IN REF: BABCOCK OVERMEIER TILE AWARD HERBERT WARNER ARM TILE RECONSTRUCTION PROJECT CAUSE NO. 6-2010 Drainage Board Attorney, Greg Heller, commented he reviewed all the Statutes in reference to awarding bids and also did some case law research. Greg stated the Drainage Board at this point either needs to accept the lowest responsible bid or reject all bids. Greg commented the Drainage Board must also make the determination if the bid is responsible and responsive. Greg further commented the Drainage Board may consider the following factors in determining whether the bidder is responsive: Whether the bidder has submitted a bid or quote that conforms in all material respects to the specifications. Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders. Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract. Greg commented the Board may consider the following factors in determining whether the bidder is responsible: The ability and capacity of the bidder to perform the work. The integrity, character, and reputation of the bidder. The competence and experience of the bidder. Greg further commented the question was about the bidders using the Form 96. Greg further commented he read the General Information for the Reconstruction and Notice of Bid, and did not see where it was required that the Form 96 be used, although the Statute says that the project is more than $100,000.00, the awarding agency is suppose to require the bid be submitted on Form 96. Greg further commented he did not see where that was included in our specs. Surveyor Towne commented it was taken out of our specs and contractors had already picked up the bid packets. Towne then commented it was then stated that the Form 96 requirement be included in the specs, so the contractors that picked up the packets early, the Form 96 was hand delivered to them. Greg further commented he feels all the bidders complied with the bid packet. Greg commented the alternative would be for the Board to reject all the bids and have them resubmit with all bidders using the Form 96. Greg in conclusion commented he feels all bidders were responsive and responsible. Greg then addressed the issue of conflict of interest. Greg commented he reviewed case law on bid projects, the majority of the cases referred to Board Members bidding on a project, which cannot be done unless there is disclosure. Greg further commented he found no case law in reference to this situation specifically. Greg made further comments on the issue, and in conclusion stated the Board is required to accept the lowest, responsive and responsible bid, unless the Surveyor states the contactor with past history is not able or capable of doing the project. Chairman Rose asked the Surveyor if he had any concerns with Overmyer doing the project. Towne commented Overmyer has done work for the Drainage Board in the past, just has not done any big tile projects. Their work is good and very conscious of doing the work right. After further discussion, Chairman Rose, commented based on the Drainage Board Attorneys recommendation, Roger entertained a motion to award the project to the lowest qualifying bidder of Overmyer Excavating for his total bid of $141,440.73. Sherry Fulton made a motion to award the Babcock Overmeier Tile/Herbert Warner Arm Tile to Overmyer Excavating. Stan Musgrave seconded the motion. Motion carried three to zero. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn at 8:57 A.M. E.S.T. Stan Musgrave made a motion to adjourn. Sherry Fulton seconded the motion. Motion carried three to zero. FULTON COUNTY DRAINAGE BOARD ____________________________________________ ____________________________________________ ____________________________________________ ATTEST:____________________________________ Jean E. Cloud, Secretary DRAINAGE BOARD SPECIAL MEETING DECEMER 6, 2010  PAGE 2 !"#$(0JmHnHu0J j0JU0DENO;< * + , h  & F^ & F' 78IJ$a$%&'($a$(&P1/ =!"#$% i8@8 NormalCJ_HaJmH sH tH <A@< Default Paragraph Font,@, Header  !, @, Footer  !&)@& Page Number( $ 0DENO;< *+,h 7 8 IJ%&)000000000000000 00 00 00000 0 0 000000000000000000000000@0@0@0@0@0@0@0 044@@@C(  ('4;=C!T&)&)$) pC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of Document1.asd VC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\120610 SP DBM.doc tC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of 120610 SP DBM.asd tC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of 120610 SP DBM.asd VC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\120610 SP DBM.doc VC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\120610 SP DBM.doc VC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\120610 SP DBM.doc VC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\120610 SP DBM.docs"gN+ #u20^`0o(.^`. L ^ `L.  ^ `.xx^x`.HLH^H`L.^`.^`.L^`L.0^`0o(.^`. L ^ `L.  ^ `.xx^x`.HLH^H`L.^`.^`.L^`L. #us"g4%N        ߴ        @C(@UnknownGz Times New Roman5Symbol3& z Arial"h;F;FO$r0d2Q_The Fulton County Drainage Board met in  Special Session on Monday, December 6, 2010 at 8:45 A  Oh+'0 $0@ LX t  `The Fulton County Drainage Board met in Special Session on Monday, December 6, 2010 at 8:45 Ahe  e e e Normalt rm5rmMicrosoft Word 9.0r@B @EA@JL՜.+,0H hp|  ( u `The Fulton County Drainage Board met in Special Session on Monday, December 6, 2010 at 8:45 A Title  !"#$%&()*+,-.1Root Entry FP^L31TableWordDocument*$SummaryInformation(DocumentSummaryInformation8'CompObjjObjectPoolP^LP^L  FMicrosoft Word Document MSWordDocWord.Document.89q