Approval of Minutes: 

There were no minutes available to be approved by the Board.

New Business:

«                 Discussion of Legal Opinion 

Ms. Lipscomb directed the board members to the documents provided in the meeting packets.  The documents include the actual certified questions provided to Jim Kirby, General Counsel for the Department of Administration, and all of material he reviewed in rendering his opinion.  Secretary Ferguson made a motion that the board go into executive session to discuss a legal issue.  Motion seconded by Rod Clay.  The board went into executive session with all non-members, except Jim Kirby, leaving the room.

Following the executive session, the board called Lloyd Miller to the table.  Chairman Monteleone requested Mr. Miller to explain what happened on the opening of the first envelope on the Morgantown event center project.  Mr. Miller advised that when the technical review committee received the proposals they started taking them apart and set out packages for different people to review for the project. In the process of doing that, one of the envelopes seal was broken but the contents of the envelope was not removed. They realized that the envelope contained the cost submissions and was not part of the technical submission.  Chairman Monteleone asked if the contents were removed. Mr. Miller advised the board that they were not removed.  Chairman Monteleone questioned how many people were present in the room at the time. Mr. Miller stated there were approximately five people present.  When the envelope was resealed they placed a white label over top the seal and the people in the room signed the label. The envelope was given to Terri Houff with the City of Morgantown.  Secretary Ferguson questioned how they knew it was the cost proposal. Mr. Miller advised that on the front side of the envelope it had in small type the words “cost proposal”.  Secretary Ferguson asked if the envelope was simply unsealed or whether he sliced it open.  Mr. Miller stated that he sliced it open. Secretary Ferguson asked why other people were in the room and what their roles were.  Mr. Miller indicated they were members of the technical review committee. There were representatives of Platium Properties, the City of Morgantown, West Virginia University and himself.  Secretary Ferguson asked Mr. Miller if the members in the room will all attest to the fact that the contents was not removed or seen. Mr. Miller stated they would attest to it. 

Secretary Ferguson stated that since they now have clarification of the facts he would move that the board go back into executive session to discuss a legal matter.  The non-members left the room. Upon completion of the executive session, the non-members returned to the meeting.

Secretary Ferguson requested that his attorney, Jim Kirby, address the board to advise of his legal opinions. Mr. Kirby stated that the first question before him is whether the entire proposal is invalidated when the cost proposal is opened prior to or at the same time the technical proposal is opened.  The legislative rules at 148-11-10.1.d states that the cost proposal shall be secured until the time provided in the IFP.  Based upon the facts provided by Mr. Miller, the cost  proposal contents never left the envelope and was immediately sealed. Mr. Kirby stated that in his opinion the cost proposal did remain secure and is in compliance with the legislative rules.   

Mr. Kirby stated that the second question presented to him was whether the design-build process could proceed with only one design-builder or whether the City would need to come back to the board for approval to proceed with only one proposal.  In accordance with §5-22A-9(a)(b), the design-build board allowed the selection process to continue with two design-builders.  Subsequently, one of the proposals was disqualified because part of the cost proposal was included in the technical proposal. Mr. Kirby stated that the Statute at 5-22A-12(b) allows the board, in consultation with the Secretary of Administration, to allow the process to proceed with two proposals.  The City of Morgantown was given the authority to proceed with the design-build process with only two proposals. Therefore, they do not need to come back to the board to get further approval in order to continue in the design-build process if they so desire with only one proposal. The fact that one of the proposals was thrown out is not relevant because two  proposals were submitted.

Secretary Ferguson made a motion, based upon the legal opinions provided, that the Chairman communicate to the City of Morgantown that they are permitted to go forward with the design-build process.  Motion seconded by Mr. Clay.  All voted in favor and the motion passed. Secretary Ferguson stated that the fact that the board permitted the City to go forward with two proposals and one was later disqualified is not relevant to the board.  These are issues for the City of Morgantown. The board has assurances with five witnesses that the cost was never revealed during the opening so the process is sound. 

«        West Virginia University Intermodal Transportation and Parking Facility Project 

Mr. Clay advised the board that he had to leave the board meeting due to another meeting.  There being a lack of a quorum, Ms. Lipscomb contacted Roy Smith and joined him into the board meeting via telephone conference.

Mr. Lloyd Miller and representatives from West Virginia University outlined the project to the board. Mr. Miller stated that WVU is requesting approval of an intermodal transit center to be located near the medical center at the PRT station at the Evansdale campus. Mr. Miller provided an ariel photograph showing where the facility will be located.   

Mr. Miller advised the board that West Virginia University does have the authority to enter into a contract for this type of facility.  The project construction time line anticipates the facility to be completed by July of 2009.  In order to achieve that goal, the design-build process would be advantageous to meet the condensed time line.  WVU wants to minimize the interference with the students on campus.  A comparison of the design-build time line versus the design-bid-build time line was provided. 

Chairman Monteleone requested Mr. Miller to advise the board exactly what they are building.  Mr. Miller stated it is a parking garage with a connection to the city bus transit system and a connection to the PRT station.  There will be a physical connection that people can walk between the buildings.  The parking garage will also contain retail space, office space and storage space.   

The project has a need for close coordination because of the number of stake holders involved, including the PRT interest, the Morgantown bus transit system interest, the WVU interest, and the medical center interest in it.  There are a lot of personal concerns about how they want this project completed and performed. Mr. Miller stated it would be in the project’s best interest to get the design and construction entities involved and in coordination with the student activity schedules.  This would allow the scope and budget to be realistic and defined. 

The project is to be funded through FTA (Federal Transportation Administration). In order to secure the funds they need identification of the actual costs of the project prior to construction beginning.  This can be accomplished through the design-build method.  A WVU representative explained that the funding would come from two sources, the Federal Transit Authority and West Virginia University. The federal transit dollars are approximately $4.8 million and the total overall cost is expected to be $8 million.  

Mr. Miller took the board through the proposed construction schedule. Chairman Monteleone advised Mr. Smith, who was participating by phone, that the design-build schedule begins in February of 2008 with a completion of July of 2009.  The design-bid-build schedule starts at the same time but concludes in October of 2009.

A representative of WVU distributed documentation to the board regarding how Mr. Miller was selected as the Performance Criteria Developer for the project. He stated that WVU has standard operating procedures for the RFP process.  The representative provided a copy of the procedures as well as copies of the advertisement, attendance logs for the pre-proposal conference, and the summary of scoring.  The representative advised the board that Mr. Miller was selected as the Performance Criteria Developer after the process was completed.  The representative described the process of selection to the board.  

Secretary Ferguson moved to approve West Virginia University’s request for a design-build project. Motion seconded by Mr. Winter.  All members voted in favor of the motion and the motion passed.

Chairman Monteleone advised WVU that the board will continue to monitor the project to assure the design-build process is followed.  Scott Mason of the General Services Division  has been assigned to represent the Department of Administration and the board on the technical review committee for the project.  Chairman Monteleone advised WVU they must submit monthly status reports to the board.  He also requested a date when the construction of the project would begin.  Mr. Miller advised that the construction start date is August 30, 2008.  Chairman Monteleone advised WVU that they must come back to the board to seek approval again if they do not meet the August 30^th deadline. 

Old Business:

«       There was no old business to come before the board.     

Other Business: