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while Expert Construction Managers, Inc. ("Expert") submitted a completion time of 150 days. The <br />condition of the existing tower continues to deteriorate and has made replacement urgent. <br />Therefore, award of the bid with the shorter project schedule is preferred to ensure connectivity <br />to lift stations. <br />Section 105.02 of the Code of Ordinances says "The county commission may enter into contracts... <br />based on the recommendations of the county administrator, bidding procedures, or such other <br />methods that the commission determines are in the best interest of the county," and Paragraph <br />4.3 of the Purchasing Manual and the Award paragraph in the bid documents both state "the <br />Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any <br />portion of a bid." <br />On August 11, 2020, Expert submitted a complaint that Boromei's submitted schedule does not <br />comply with the specifications and indicates a lack of basic tower construction knowledge and <br />protocol. After researching the complaint and review with the County Attorney and Department, <br />the Purchasing Manager found no evidence the statement that Boromei schedule does not comply <br />with specifications. Both bidders had been determined to be responsible by the department, and <br />no evidence was provided to indicate Boromei is not qualified to perform the work. Expert was <br />informed of the denial of their protest and their right to appeal on August 20, 2020. They have not <br />provided notice of intent to appeal the denial of their protest. <br />FUNDING: <br />Funds for the antenna and tower replacement are available in the Wastewater Collection <br />Replacement and Renewal ("R&R") account. <br />Fund Description Amount . <br />47126836-044699-19547 Data Flow Antenna Replacement 1 $110,000 <br />RECOMMENDATION: <br />Staff recommends the Board award bid 2020049 to Boromei Construction, Inc. Staff also <br />recommends the Board approve the Sample Agreement and authorize the Chairman to sign it <br />after receipt and approval of the required bond and insurance, the County Attorney's approval of <br />the agreement as to form and legal sufficiency, and after the contractor has become registered <br />with the Building Division. <br />ATTACHMENT: <br />Expert Protest Memo <br />Response to Expert Protest <br />Sample Agreement <br />60 <br />