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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. 1 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 2 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 i 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 51 o Joel C. Acree, Chair