9-9-2020 Joint MeetingSPECIAL JOINT MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
AND THE ISLE OF WIGHT COUNTY SCHOOL BOARD HELD IN THE SMITHFIELD HIGH
SCHOOL CAFETERIA LOCATED AT 14171 TURNER DRIVE IN SMITHFIELD, VIRGINIA
ON WEDNESDAY, THE NINETH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND
AND TWENTY
PRESENT/BOARD OF SUPERVISORS:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE/BOARD OF SUPERVISORS:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Amber Johnson, Legal Assistant
PRESENT/SCHOOL BOARD
Jackie W. Carr, Carrsville District, Chairman
Julia W. Perkins, Windsor District, Vice -Chairman
Victoria Hulick, Newport District
Denise Tynes, Smithfield District
Alvin Wilson, Hardy District
CALL TO ORDER
Chairman Acree called the special joint meeting of the Board of Supervisors and
the School Board to order at 6:00 p.m. for the purpose of discussing the
construction management at risk process for the two school construction
projects.
School Board member Julia Perkins lead the Pledge of Allegiance to the American
flag and a Moment of Silence was observed.
Dr. James Thornton, School Superintendent, introduced Attorney George Martin
with the law firm of McGuire Woods who is an expert in the area of construction
management at risk.
Attorney Martin shared background information on what construction
management at risk entails and discussed the procedures prepared for the School
Board.
Vice -Chairman Grice inquired if hiring a construction consultant at a fixed fee
would be just as good as utilizing a CM at risk.
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Attorney Martin advised that an advantage to the School Board by utilizing a CM
at risk is that they can assist on the front end and ensure that those savings are
achieved while achieving a quality project. He recommended that the CM at risk
contract include a clause that provides for an incentive that shares a split on costs
that come in lower with no penalty to the School Board if a cost comes in higher.
Attorney Martin affirmed with a guaranteed price contract that the contractor
has the liability if the project comes in above that guaranteed maximum price.
Vice -Chairman Grice inquired how candidates for CM at risk are selected or
identified.
Attorney Martin advised that the statute requires, and procedures are drafted
that the School Board advertise and post on its website which are tracked by
firms on -a regular basis. He further advised that the School Board can also
identify firms that it is interested in receiving proposals from by sending
solicitations directly to those firms.
County Administrator Keaton inquired what the disadvantages are as opposed to
utilizing a design bid build process.
Attorney Martin shared that it depends on the size of the project and that it is
better suited for a substantial project rather than a small one.
Vice -Chairman Grice inquired how finite can the expectations of experience be
identified in the on-line advertisement.
Attorney Martin advised that experience as a CM at risk is not required and what
the School Board needs to look for is someone with experience that is comparable
to its project. He stated the project must be described as much as possible, and
the School Board will have an architect on board to assist it with that. He stated
the School Board must have an architect under contract before it makes the
determination that you are going to utilize the CM at risk process.
Vice -Chairman Grice inquired when the RFP must go out and what does it ask for.
Attorney Martin advised that the RFP goes out after the School Board shortlists
the firms in response to the RFQ and the RFP will ask for the construction
proposal and their cost to build.
Vice -Chairman Grice asked without a completed set of plans how can a contractor
provide a close to actual cost if they do not have experience building that same
school someplace else.
Attorney Martin advised that it will be based upon the square footage and the
amenities included.
Vice -Chairman Grice inquired if the lowest bidder must be selected to which
Attorney Martin advised that the School Board does not have to select the lowest
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bidder. He advised that the School Board determines what the criteria is going to
look like, and a fair amount of credit is given on the qualifications side.
Vice -Chairman Grice commented that it is likely that the School Board will be
building two schools back to back and he inquired if this process is conducive to
linkage.
Attorney Martin responded yes that the projects can be linked.
Supervisor Rosie inquired if the School Board does a single versus a dual
determination, and it finds itself dissatisfied with the first structure, what is the
liability of the School Board about cancelling and proceeding with a new firm to
build the second structure.
Attorney Martin advised an escape provision or a termination for convenience
provision could be written into the contract which would obligate the School
Board to pay the contractor's soft costs before terminating.
Chairman Acree inquired how long the CM at risk remains attached and
responsible for a project once it is complete and to what degree.
Attorney Martin advised that the warranty period begins at final completion and
the School Board has five years from the completion date. He stated if the School
Board desires a longer period that can be accomplished but paid for by the School
Board.
Supervisor McCarty requested downside scenarios of utilizing this process.
Attorney Martin replied site issues that will most likely come up more in the early
area.
County Administrator Keaton asked for clarification if the construction manager at
risk would be replacing what the general contractor fee would be.
Attorney Martin advised that is correct. He advised that with a design bid build
the School Board would have a bid that would cover the entire project as opposed
to a GMP which would provide the School Board the ability to negotiate some
items and the School Board gets the opportunity to see what is being charged
against the guarantee where if it is a bid you don't see that.
Superintendent Thornton remarked that this sounds like a beneficial process so
why is it that a lot of other public schools have not taken advantage of this and
will the School Board get challenged for proceeding this way.
Attorney Martin advised that many schools look at the PPEA process, but this
process is more friendly than the PPEA process which requires more under that
process.
Vice -Chairman Grice stated in the selection process there must be a familiarity
and ongoing relationship between the architect and RRMM and having a
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company that is currently working with them will give the School
Board an advantage. He recommended that the School Board have a linkage and
that it looks at both schools. He recommended there be language in the contract
that allows the School Board to delay or hire a different contractor for the second
school due to performance issues.
Chairman Acree noted the importance of the School Board working with local
business so that revenues remain in the County.
Superintendent Thornton stated the next step in the process is to authorize him
to go to RRMM and request them to investigate the reasons or determination
why the School Board would be able to go down this process. He stated it must
be cost effective and valuable to the School Board and RRMM must prove that in
the determination. He stated following that step, the RFQ would be submitted
followed by the RFP.
Supervisor Jefferson inquired what other major problems had been incurred
other than the employees not being paid in accordance with Federal regulations
during the building of the last school without having a CM at risk.
School Superintendent Thornton advised that Georgie D. Tyler Middle School
experienced major completion issues which included the HVAC system becoming
a problem within one year of the completion of that building and the punch list
was not closed for a year after he was employed as Superintendent and that
school had been operational before he came here.
The School Board gave Superintendent Thornton authorization to proceed.
There was no great opposition or concerns expressed by the Board of Supervisors
about Superintendent Thornton moving forward.
ADJOURNMENT
At 7:10 p.m., Chairman Acree declared the special joint meeting adjourned.
Carey ill Std , Clerk
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Joel C. Acree, Chair