---
date: 1992-09-25
title: September 25, 1992 Minutes
source: 1992-09/1992-09-25_September 25, 1992_Minutes.pdf
pages: 1
---

September 25, 1992

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA SEPTEMBER 25, 1992

An Emergency Meeting of the City Council was held September 25, 1992 at 12:00 noon with Mayor Kelley
presiding. Members of the Council present were Harold Cochran, G. W. Evans, W. A. Gardner and F. J.
Hunter. Also present were City Attorney, A. J. Welch and City Engineer, Bill White, Stevenson & Palmer,
Inc.

Motion to convene was made by Harold Cochran, seconded by G. W. Evans and passed unanimously.

Mayor Kelley opened the meeting. Mayor Kelley advised Council that Stevenson & Palmer, Inc. is concerned
about the qualifications of several of the companies bidding on the construction of the City's $3,000,000
wastewater treatment facility improvements. Mayor Kelley asked Bill White to explain the problem to the
Council.

Bill White told Council that bid qualifications require that a company must have completed similar projects of
this size within the past five years.

Bill White informed Council that nine bids have been received. Stevenson & Palmer, Inc. have determined
that of these nine companies, only six are qualified to bid on a project this size. The three companies who
are not qualified were notified. These companies were J. S. Haren Company, S. Q. Company and North
Florida Construction Company.

J. S. Haren Company requested reconsideration. Stevenson & Palmer, Inc. would not reconsider. Haren's
attorney, Frank Riggs, contacted City Attorney, A. J. Welch. Frank Riggs wrote a letter to explain that
submitted qualifications did not include complete information. Frank Riggs wrote that J. H. Haren has
completed projects of this size, listing the projects completed.

After investigation, it was discovered that a portion of the projects listed were completed by Mr. Haren's
father's firm while Mr. Haren was employed by his father's firm. Other projects listed were projects completed
by Mr. Haren's employees while employed by different employers. Under these conditions, the five-year
requirement would keep them from being a qualified bidder.

Frank Riggs is using the argument that Foster & Cooper General Contractors, Inc. split and formed two
companies, Foster & Company and Cooper & Company and qualifications were accepted from both of these
companies. Mr. Riggs contends that these companies should fall under the five-year requirement and be
rejected if J. S. Haren is rejected. Stevenson & Palmer believes that these companies are qualified bidders
based on their previous experience.

A. J. Welch informed Council that Frank Riggs has indicated that J. S. Haren will file a lawsuit against the
City if he is denied the opportunity to bid on the project. A. J. Welch feels this would be too close to call if it
goes to trial. If Haren should win, the City could pay Haren for lost profit. It was discussed that if Foster &
Company and Cooper & Company were to now be rejected, then it would leave the door open for Foster &
Company and Cooper & Company to file a lawsuit against the City.

A. J. Welch summarizes that the City could reject all three of these bidders and take a chance that no lawsuit
would be filed.

The other alternative would be to accept bids from all companies wanting to submit bids. If the City chooses
to accept all bids and an unqualified bidder is awarded the project, Stevenson & Palmer, Inc. will have to
inspect the project more closely, making their job more difficult. The City would also run the risk of an inferior
project.

MINUTES
9/25/1992
PAGE 2

After deliberation, the Council agreed to allow J. S. Haren & Company to submit a bid on October 1, 1992.
As a professional courtesy, Bill White, Stevenson & Palmer, Inc. will invite S. Q. Company and North Florida
construction Company to bid if they have additional information that will justify them as qualified bidders. This
information should be submitted to the City of Stockbridge in care of Stevenson & Palmer, Inc. before 12:00
noon Monday, September 28, 1992. This was put in the form of a motion by Harold Cochran, seconded by
F. J. Hunter and passed unanimously.

Motion to adjourn was made by Harold Cochran, seconded by G. W. Evans and passed unanimously.
Meeting adjourned at 1:05 p.m.

Respectfully submitted,
Merle Manders R. G. Kelley
City Clerk Mayor
