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Attorney Polackwich, in reviewing the Memorandum dated April 20, 2010, wanted to <br />ensure the Board did not unknowingly take action to release the Bid Bond, and that the Board not <br />release H&D (H & D) Construction, Inc. from their responsibilities or obligations on the original <br />bid and award. <br />The Commissioners sought and received details regarding the Bid Bond. <br />Director of Utility Services Erik Olson, noting that he had already spoken with Attorney <br />Polackwich, said the bid bond was valid, and as a result, the 5% bid bond would be called. He <br />conveyed that the contract was officially awarded and the shop drawings were received and <br />accepted by the consulting firm. He felt the Bid Bond to be no different than any other contract. <br />Based on Attorney Polackwich's recommendation that the Board not release H&D <br />Construction from their responsibilities, and their letter stating they cannot perform the project, <br />he believed it would be in the best interest of the County to move forward and award the contract <br />to the second lowest bidder. <br />MOTION WAS AMENDED by Vice Chairman Solari, <br />SECONDED by Commissioner Wheeler, to: (1) not <br />release H&D Construction Co., Inc. from the <br />responsibilities of having made and been awarded the bid; <br />(2) award the contract to Timothy Rose Construction, Inc., <br />as the lowest and most responsive bidder meeting the <br />specifications as set forth in the Invitation to Bid; <br />(3) approve the sample Agreement; and (4) authorize the <br />Chairman to execute same after receipt and approval of <br />the required Public Construction Bond and Certificate of <br />Insurance, and after the County Attorney has approved the <br />Agreement as to form and legal sufficiency. <br />32 <br />May 4, 2010 <br />