ORD-2011-028 Budget Ordinance Amendment #1B for $192,243 Link Center Geothermal HVAC

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5,370 linear feet of 8 inch gravity sanitary sewers to serve the Buckhorn Area north of 1 -85 and 19,514 linear feet of 8 inch gravity sewers with a 250 G.P.M. Pump Station and 2,460 linear feet of 6 inch ductile iron force main to serve the Efland Community. Bids for this project were advertised and received on June 23, 2011. Nine bidders submitted responses to the solicitation including Triangle Grading & Paving. Subsequent to the opening of the bids on June 23, 2011, a difference of opinion arose between Triangle Grading & Paving and County Staff over the parties' respective rights and obligations arising out of the bidding process. In order to avoid a legal dispute, Staff has recommended that Triangle Grading and Paving's bid be deemed to have been timely withdrawn, without penalty of forfeiture of its bid bond. B.1.b: To consider a Resolution awarding the construction contract for Central Efland Phase 2 and North Buckhorn sewer system extensions to J. F. Wilkerson Contracting Company. BACKGROUND: Bids were received for this project (Project No. CS370884 -01, STAG Project No. XP- 95456511 -0) on June 23, 2011. After a period of review of the bid documents by the County's engineering consultant, Coulter, Jewell, Thames, and due diligence investigation by County staff, J.F. Wilkerson Contracting Company was determined to be a responsive, responsible bidder for this project. With the agreed to withdrawal of Triangle Grading & Paving's bid, J.F. Wilkerson Contracting Company becomes the lowest, responsive and responsible bidder for this project. Because this project is funded by both an EPA Special Appropriations Grant and a State Revolving Fund Loan, the State Construction Grants & Loans (CG &L) office must review the bid documents and other information regarding the project prior to issuing an "Authority to Award" notice to the County. The deadlines imposed by the SRF Loan process required that Orange County be issued the "Authority to Award" from the State CG &L office on or before August 1, 2011, or risk losing the SRF Loan funds. As a part of the Project Bid Information packet, the CG &L office typically requires that the governing board adopt a Resolution of Tentative Award, which says the board intends to award the contract to the lowest, responsible, responsive bidder once given the "Authority to Award" from the State. In this case, however, the BOCC was on summer breaks when the bids came in. This meeting is the first opportunity available for the Resolution of Tentative Award. The CG &L office has granted the County a variance from its normal procedure by allowing the BOCC to adopt the Resolution of Award now, after the Authority to Award had been issued by the State on August 1, 2011. Therefore, the Resolution before the Board is a Resolution of Award rather than a Resolution of Tentative Award because the State has already reviewed the contractor choice and issued the Authority to Award. This Resolution, along with the actual contract and supporting documents, will be submitted to the State CG &L office for review. Submission and approval of the contract documents and this Resolution are required in order to meet the next funding deadline on September 1, 2011. J.F. Wilkerson submitted the lowest responsible bid that was responsive. A copy of the tabulation is Attachment 3. The Resolution of Award is Attachment 4. If the Board awards this bid, a notice to proceed will be issued in mid - September with an estimated completion date of December 2012.