By: Jacob Kessler
The Fulton County Commissioners held their first meeting of the week on Tuesday, May 2nd. The meeting began at 9:00 a.m. with the Pledge of Allegiance and a prayer before moving to approve the meeting minutes from April 25th as well as the current agenda and list of bills for payment.
Commissioners next moved to review the following items. Correspondence from the Ohio Department of Development Pertaining to Skye Cinema B-E-22-1AX-1, Engineer’s notice of altered hours of operation for Summer, month end financial reports, and sales tax report.
A discussion then took place regarding the Fulton County Health Department’s Expansion Project.
Commissioner Jon Rupp read a prepared statement regarding one of the contractors that have submitted a bid for the project.
He first stated that he is aware that the project is a health department project and not a Fulton County project and went on to say that he feels obligated to express his concerns over Midwest Contracting doing work for this project.
The following is information released by the Fulton County Commissioner’s office of Mr. Rupp’s statement. “The award of all contracts subject to sections 307.86 to 307.92 of the Revised Code shall be made to the lowest and best bidder.”
“The bond or bid guarantee of all unsuccessful bidders shall be returned to them by the contracting authority immediately upon awarding the contract or rejection of all bids.”
“Midwest Contracting took eight months to install a replacement of a staircase in Swanton Ohio in 2018 with the process documented.”
“Moving to our bid opening held on August 11, 2022, the General Engineer’s Estimate was $7,000,000.00. Bids came in as follows: Rupp/Rosebrock – Full Bid- $7,418,980.00 – Alt #1- $2,019.00 – Alt #2- $205,800.00. Mel Lanzer – Full Bid- $7,471,000.00 – Alt #1- $2,020.00 – Alt #2- $210,560.00. Action Contractors – Full Bid- $7,381,074.00 – Alt #1- $1,920.00 – Alt #2- $196,000.00. Midwest Contracting – Full Bid- $7,194,000.00 – Alt #1- $48,100.00 – Alt #2- $196,500.00.”
“We also held the bid opening for the Senior Center Kitchen with the engineer’s estimate at $650,000.00. Bids came in as follows: 1. Breckenridge Kitchen: $600,000.00.
After these bid openings the following process happened as follows: The commissioners awarded the bid for the new senior center to the lowest and best bidder, Action Contractors September 1, 2022.”
“This decision was due to the staircase project mentioned above. Midwest Contracting hand delivers a formal public records request on September 2, 2022 to the Prosecuting Attorney’s Office. County Complies with request.
The county received additional public records request on this project from Indiana/Kentucky/Ohio Regional Council of Carpenters on September 13, 2022. County complies with request.
The county received additional public records requests on this project from ACT Ohio on September 14, 2022. The county then complied with request.”
“County receives a bid protest letter by the lower bidder on the new senior center facility, Wauseon, Ohio from Kegler Brown Hill & Ritter Co. LPA on behalf of Midwest with threatened litigation on September 7, 2022. County was by Kegler Brown Hill & Ritter Co. LPA told that Midwest would like the project contract period to lapse so they can walk away and not have to explain the “scarlet letter” by not being awarded the project.”
“The county did so and re-bid the project and Midwest did not walk away but rather rebid the project.”
“Section 153.12 states how that process works, and we had to wait 60 days to invalidate the entire bid proceedings to be able to re-bid.
After the 60 day process the commissioners then re-advertised and re-bid the project with a bid opening date of February 16, 2023.
The bid opening had an engineer’s estimate of $7,000,000.00. The bids came in as follows: The Dotson Company – $7,493,925.00. Charles Const. Services – $7,795,000.00. Spieker General Contr. – $7,687,000.00. Mel Lanzer Co. – $7,476,000.00. Midwest Contracting – $7,330,500.00. Action Contractors – $7,299,494.00. AA Boos and Sons – $7,606,420.00.”
“Upon opening bids and Action Contractors having the lowest bid and then going into recess so copies could be made of bids, Mrs. Koder from Midwest demanded to see the bids from our clerk who told her we would make her a copy.”
“Mrs. Koder then rudely and unprofessionally insisted she was not going to wait and demanded that she take a picture of action’s bid documents. Rather than cause more of a scene our clerk let her take the pictures.
“The commissioners awarded for the new senior center to the lowest and best bidder, Action Contractors on February 28, 2023.
On March 3, 2023 Midwest Contracting asserts that Action Contractors submitted potentially false information on their Contractor’s Qualification Statement in section 5.4. Midwest Contracting then filed a formal public records request on March 5, 2023. The county complies with request.
“The county learned in April 2023 that Midwest contacted Northwest District Office of the Auditor of State to lodge a complaint about the county bidding process and asked the state to review during the count audit.”
Commissioner Jon Rupp said that he also learned of another instance where Midwest has gone to the Attorney General to have them investigate another project that did not go their way to only have it dismissed.
“In my opinion, the cost of doing business with a bully like Midwest is far from being the best. I respect that this is a health department project and those who prepared it. I thought it was important that everyone was made aware.”
Commissioner Joe Short then stated that he appreciated Commissioner Jon Rupp bringing those things to light and that they are important factors.
He also expressed that he too looks at this as a health department project and not a county project. More discussion took place, with it being stated the lowest and best bid will be looked and voted on when the time comes. The following agenda items were then approved by commissioners.
– Resolution 2023-359 Increase & Transfer Appropriations for Various Departments.
– Resolution 2023-360 Rescind Resolution 2023-200.
– Resolution 2023-361 Approve Oversight of Contract 2023-85 with Fayette Local Schools for Teen Pregnancy Prevention Program on Behalf of JFS.
– Resolution 2023-362 Approve Oversight of Contract 2023-86 with Archbold Area Schools for Teen Pregnancy Prevention Program on Behalf of JFS.
– Resolution 2023-363 Approve Oversight of Contract 2023-87 with Fulton County Fair for Merchant Space on Behalf of JFS.
– Resolution 2023-364 Approve Oversight of Contract 2023-88 with Big Fish Sound Company for JFS Family Fun Day.
– Resolution 2023-365 Enter Into Technical Assistance Agreement 2023-89 with MVPO for Phase II Brownfield Remediation Program.
– Resolution 2023-366 Enter Into Rental Agreement 2023-90 with Crossroads Evangelical Church on Behalf of EMS.
– Resolution 2023-367 Approve Legal and Authorize Ad for Bridge 2EF.2 Rehabilitation Project.
– Resolution 2023-368 Appoint Part Time Transfer Station Operator.
– Resolution 2023-369 Approve Purchase Orders and Travel Requests.
Commissioners then heard from Clerk of Court Tracy Zuver as he discussed the counties Driver’s Exam Station.
Currently, the state has 53 exam stations in Ohio throughout its 88 counties. It was stated that Registrar Norman came to the Association meeting on March 15th to discuss ways to fill the gaps.
Right now, residents on Fulton County have to drive to Bowling Green or Defiance to complete their exam.
In order to change that, the Fulton County station could charge $35 per exam and there could be one or two part-time individuals hired to complete the exams.
It was stated that, if commissioners have no issues with adding the program to the Clerk of Courts, the contract will get directed to the commissioner’s office for approval.
With no other business to attend to, the commissioners moved to adjourn for the morning at 9:32 a.m.
The commissioners then held their second meeting of the week on Thursday, May 4th. The meeting began at 9:00 a.m. with the Pledge of Allegiance and a prayer.
Approval of the minutes from May 2nd followed, along with the approval of the current agenda.
A review then took place of the Treasurer to Auditor balancing report, amended certificate of estimated resources, and certificate of non-compliance. The following agenda items were then approved.
– Resolution 2023-372 Increase & Transfer Appropriations For Various Departments.
– Resolution 2023-373 Approve Update To Title XX Profile On Behalf Of JFS.
– Resolution 2023-374 Approve Purchase Orders And Travel Requests.
– Resolution 2023-375 To Authorize Bid For Construction Aggregate Material For Engineer.
– Resolution 2023-376 To Execute Final Fiscal Year 2023 FAA Airport Improvement Project Grant Application.
– Resolution 2023-377 Executed Letter To Give To Residents For Income Survey For Pleasant View Subdivision.
Commissioners next heard from Judge Bumb and Beth Friess in order to discuss a new county program.
Following that discussion, the meeting was adjourned.
Jacob can be reached at jacob@thevillagereporter.com
