Minutes 10-15-2019 Regular Meeting

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22 b. Fiscal Year 2019-20 Budget Amendment #2 The Board approved budget, grant, and capital project ordinance amendment for fiscal year 2019-20 for the Department of Social Services; Animal Services; Library Services; Asset Management Services; County Capital Projects; and the Health Department. c. Health Department Mobile Dental Clinic Contract The Board approved a contract with Lifeline Mobile for $445,748 to purchase a mobile dental clinic, and authorized the Manager to sign the contract. d. Amendment to Sections of the Code of Ordinances The Board amended the Code of Ordinances to clarify an inconsistency in definitions. e. Disaster Debris Removal and Clearance Service Agreement The Board approved an Agreement with Crowder Gulf, LLC for the purpose of providing Disaster Debris Removal and Clearance Services and authorized the Manager to sign the agreement. g. Support for Orange County Opioid Task Force The Board approved expressing support for an Opioid Task Force to coordinate efforts to address opioid overdose in Orange County and will be facilitated jointly by the Orange County Health Department and the UNC Medical Center. f. John M. Link, Jr. Government Services Center Remediation Project – Rejection of Apparent Low Bid The Board will consider voting to authorize the County Manager to reject the non-responsive apparent low bid for the Remediation of the John M. Link, Jr. Government Services Center project that was opened on Thursday, September 25, 2019. Ryan Plankenhorn, Resolute Building Company, provided public comment on the recent bidding process for the Link Center. He said Resolute was apparently the lowest bidder by $700,000, but the architect did not agree to accept their bid due to it not being responsive and responsible. He said Resolute does not agree with this recommendation, and asked if the County would reconsider the bid prior to making a decision. He said the architect’s question was regarding how Resolute would comply with the project as all of the qualifications were not met. He said in Resolute’s bid package, it was said that Resolute (General Contractor) was in association with Blue Sky Construction (Abatement and Demolition Contractor), and were able to ensure the best, safest product possible could be delivered by combining the strengths of these two companies. He said there was confusion when Resolute was asked what “in association meant”. He said, in the letter to the architect, Resolute explained that if it were awarded the project, it would set up a formal relationship with Blue Sky, who had the required certifications for remediation. He said the County said that since Resolute did not have a joint venture with Blue Sky in place at the time of the bid, the bid would be rejected. He said before the County spends an additional $700,000, he would ask the BOCC to reconsider. He said if that is not possible, he would recommend that the project be rebid in the next couple of weeks. John Roberts said the RFP required a specific certification because of the remediation of the project. He said it is an absolute requirement, and Resolute did not meet this requirement. He said the RFP stated that a formal arrangement with a subcontractor, with the required certification, is necessary. He said Resolute said it was in association with Blue Sky, which has the required certification, but stated that Blue Sky is not a subcontractor. He said Resolute said the formal association would be complete when the bid was accepted. He said he looked for case law, and could not find any that spoke either side of this issue. He said this is the first time in 10 years that the County has rejected a low bid, so there is no precedence. He said it is recommended that the bid be rejected since there is no subcontractor with the required certification, and no professional business relationship between Resolute and Blue Sky. Commissioner Marcoplos asked if the practicalities of a business association could be described, and if it is a formal arrangement.