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008-054~G~ . cOG~I- W "` BOARD OF SUPERVISORS ~\PGIMI 1'IlB RESOLUTION APPROVING ADVANCEMENT OF PROPOSAL FOR A NE~V INDOOR AQUATIC FACILITY PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACII.,ITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, Frederick County, Virginia (the "County") has an urgent need for a new Indoor Aquatic Facility due to the increased demand for citizen programming and the need for an instructional facility; and WHEREAS, the County has made a new Indoor Aquatic Facility a top priority in its Capital Improvement Program; and WHEREAS, the General Assembly enacted the Public-Private Education Facilities and Infrastructure Act of 2002 (the "PPEA"), which provides an alternative to traditional methods for procurement of certain public facilities and infrastructure; and WHEREAS, the County adopted its implementation procedures for the PPEA in July 2003; and WHEREAS, the County subsequently received an unsolicited conceptual proposal pursuant to the PPEA for the design, construction, and furnishing of a new Indoor Aquatic Facility (the "Project"); and WHEREAS, the County accepted the unsolicited proposal and offered notice that it would accept for simultaneous consideration any competing proposals; and WHEREAS, the County received additional conceptual-phase proposals from two other offerors for the Project; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The County Board of Supervisors (the "Board") hereby determines that proceeding with procurement of the Project under the PPEA is likely to be advantageous to the public and that use of "competitive negotiation" procedures under the PPEA for the Project is likely to be more advantageous to the County and the public based upon (i) the probable scope, complexity or urgency of the project, or (ii) risk sharing, added value, an increase in funding or economic benefit from the Project that would not otherwise be available; and 2. The Board hereby determines that the offeror team led by Lantz Construction Company of Winchester, Inc. shall move to the detailed stage in accordance with Section 56-575.16 (2) of the PPEA Act; and 3. The Board hereby directs the Director of Parks and Recreation to (i) request that the Lantz Construction Company of Winchester, Inc. team submit to the County a detailed stage proposal not later than August 31, 2005, to include information requested by the Director of Parks and Recreation as he shall deem appropriate, and (ii) work with the Director of Public Works to coordinate the process for review of such detailed proposal. ADOPTED this 10th day of August, 2005. VOTE: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Nav Gina A. Forrester A~e_ Aye Lynda J. Tyler Aye Ave Barbara E. Van Osten A•~ Ave t Jo1~n~C Riley, Jr. Jerk Frederick County Board of Supervisors Resolution #: OOR-OS