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MINUTES 

DESIGN-BUILD BOARD

August 2, 2001
Meeting


Members Present:     Marc A. Monteleone, Chairman
                                    Roy Smith 
                                    Mary Jo Thompson
                                    H. Wood Thrasher

Department of
Administration:
         Dorothy Yeager, Deputy Secretary
                                   John Poffenbarger, General Counsel
                                   Donna Prunty, Executive Coordinator
                                   Frank Drobot, Architect

Others Present:        K. Edward Grose, Senior VP Operations, Marshall University
                                   Michael Meadows, Marshall University
                                   John Harris, Bastian & Harris Architects
                                   Judy Margolin, Marc Monteleone'’s office

Members Absent:     Ronnie E. Spradling
                                   Glendon P. Sprouse
                                   Tom Winter
                                   Rodney W. Clay

 

 

    The meeting was called to order by Chairman Monteleone. It was determined that a quorum was present since Deputy Secretary, Dorothy Yeager, was in attendance on behalf of Cabinet Secretary, Gregory A. Burton.

    The members of the Department of Administration: Dorothy Yeager, Frank Drobot and Donna Prunty, were introduced. Ms. Yeager pointed out that she has been with the Department of Administration since Design Build was established. Ms. Prunty is new in the department and will be responsible for corresponding with the board members and institutions wishing to make presentations and will also be responsible for the preparation of the meeting minutes. Frank Drobot indicated he is the architect.

    It was pointed out to the board members that no minutes of the last meeting were prepared by the prior administration. Chairman Monteleone indicated that nothing was presented at the last meeting which required any action by the board. The discussion at the last meeting involved the need to send out information to the cities and counties and this was done. That mailing will be discussed later in this meeting.

    Ms. Prunty indicated that she had received a letter from Ronald Spradling indicating that his term on the board had expired on July 7, 2001. There are several other board members whose terms also expired on that date. Mr. Prunty indicated that she had been in touch with the Governor’s office and they were aware of the expired terms and will be addressing that issue in the future. Due to the flooding issues the state is dealing with the Governor has put new appointments on hold. However, the Governor’s office instructed the board to proceed with the meeting with the current members as it is legal for board members to continue to serve until they are re-appointed or until a new member is appointed in their place.

 

New Business:

    Chairman Monteleone introduced the individuals in attendance who will be making presentations to the board and welcomed them to the meeting.

    Presentation by Donna Prunty regarding recent legislation. Ms. Prunty indicated that during this past legislative session Senate Bill 298 was passed which made minor changes to the Design Build legislative rules. The rule modification adds a definition for "awarding authority" to the rules. The new definition was incorporated into the new rules as a new paragraph numbered 11.9 under §148-11-11. Copies of both the previous legislative rules and the new legislative rules were provided. It was pointed out by Ms. Prunty that the new paragraph could be reviewed on page nine (9) of the new rules. Chairman Monteleone indicated that the board should have no concerns with this rule change.

    Chairman Monteleone made a presentation regarding a CD package that his law firm put together which outlined the Design-Build Procurement Act. He indicated that the board has struggled with getting information out regarding Design Build to the cities, counties and state agencies. Discussions have taken place regarding how to get the word out to the municipalities and agencies to let them know what the Act was and what the regulations are for Design Build. As a result of the discussions by this board Chairman Monteleone prepared a CD which contained all of the information regarding the legislation that was passed. This compact disc was made and distributed about sixty (60) days ago to all cities, counties and the municipal league. It contained the Design-Build Procurement Act and all the regulations. Judy Margolin of Chairman Monteleone’s office did an interactive demonstration with a video projector for the board showing them the information contained on the CD and how to review the rules and statute. Chairman Monteleone indicated that since mailing out the CD package he has received approximately 25 telephone calls inquiring about Design Build. He believes that the CD will be beneficial in public awareness of Design Build and anticipates there will be an increase in projects in the future. A complimentary CD was passed out to the board members.

    Presentation on status of Huntington Project by Frank Drobot. Mr. Drobot indicated that during the last meeting the Design Builder was selected. Some progress has been made since that meeting. Last month the Department of Environmental Protection issued the certificate for completion for the Brownfield site. This is a key document to issuing the bonds. John Poffenbarger, General Counsel for the Department of Administration, has started that process and estimates it will take thirty (30) days to issue the bonds. A Notice to Proceed will be given in September 2001. In the meantime, we are working on the utility issues, coordinating between the site developer and the design builder and refining the floor plans of the various agencies. Once the bonds are issued we should have a quick start. We will have a lot more to report at the next meeting on this project.

    Mr. Thrasher requested that Mr. Drobot refresh his memory as to location of this project. Mr. Drobot stated that is was in the west end of Huntington. Mr. Thrasher did not realize that this was the Brownfield site. Mr. Drobot stated that they had a certificate for a commercial office building and one of the agencies raised the issue of the possibility of a future day care center and, therefore, they had to go for a higher level residential approval. It is called Commerce Park and is located off of Madison Avenue.

 

    Mr. Smith had questions regarding the time line of the project. He was concerned about the time line of the project creating problems for the contractor. Ms. Yeager indicated that the Department of Administration has been in contact with the contractor throughout and are in the process of working everything out so that there will be no glitches along the way. However, they are trying to do what they can to be ready, recognizing we can’t give them official Notice to Proceed yet. The design builder is BBL Carlton.

    Presentation by K. Edward Grose, the Senior Vice President of Operations at Marshall University. Mr. Grose thanked the board members for the opportunity to present this project. He indicated that Marshall University has two very serious problems. One is student housing and one is parking. For the past seven (7) years their enrollment has increased and their residence halls have been full every year and they have had to turn students away. They have just completed a bond sale which closed on June 19th for the proceeds of thirty eight (38) million dollars. The money is already in the bank and they are rushing to begin spending the money. The project has four pieces. Mr. Gross gave a brief introduction of the project. He indicated the bond issue supports the tearing down of the old Doctor’s Memorial Hospital and providing surface parking. It also provides for building a new dining hall and a five hundred (500) bed housing project. Separate and apart from that they received a 38 million grant for a new biotechnology science center that will be build on 3rd Avenue adjacent to this site. Funds from that grant in the amount of 2.4 million are dedicated to support the parking garage that is the subject of the project to be presented today. A handout was provided that included a site plan which was discussed by Mr. Grose. Mr. Grose stated that the request for Design Build is only for the parking garage, not the housing project or the demolition of the old hospital. They believe that the parking garage will work very well for Design Build as this is the first piece of the entire project. They are going to occupy a lot of the current student parking to get this building constructed and they need to get ahead of the curb for the remainder of the project.

    Mr. Grose turned the presentation over the John Harris of Bastien & Harris, architects on the project. Mr. Harris went over the enlarged site plans and described the location of the parking garage . He indicated that the main access would be off of 18th Street and 19th Street. The site is completely owned by Marshall University. The parking garage is in an ideal location for both student traffic as well as after-hours access to the parking site. The concept will allow them to bring traffic in from either 18th or 19th Street without impeding traffic flow along 3rd Avenue. The project is very straight forward and has very typical designs of most garages as far as spacing. They also make provisions in this project for a potential alternate in the bid process for a connecting bridge that would span 3rd Avenue on the third level and come into the elevated terrace that leads into Henderson Center, which is a major activity center on campus. There is already a ramp in place that leads down toward the football stadium with steps that lead back into the campus. Mr. Harris indicated that their goal is to establish parking for 1,000 vehicles.  

    The presentation was then turned over to Mike Meadows of Marshall University. He stated that they previously sent out a letter to the board members through Donna Prunty of the Department of Administration which outlined the project. The letter addresses all the basic issues. A signed hard copy of the previous letter was distributed to the board members. The letter addresses the three pertinent issues for a design build project based upon the 1999 Design Build Procurement Act. Mr. Meadows indicated that those three items can be located in paragraph two of the letter. These are the need for a faster than normal time line schedule, the necessity of close coordination between the designer and the contractor/builder, and the immediate need to have pertinent cost information early on in the process. Mr. Meadows stated that he believed the letter covered all the facts needed by this board but he would be happy to answer any questions at this time.

    Mr. Meadows also passed out a time line schedule which covered the items outlined in the letter. He stated that Marshall University has an immediate need for parking and he believed that Design Build project is the most cost affective and the most timely approach or method of delivery for construction. He stated that most of the parking structures are being delivered by the Design Build method throughout the state. If Marshall University does not address the parking issue as expeditiously as possible then they will have some very unhappy tax payers, mothers and fathers.

    Mr. Meadows pointed out again that the project has already been funded and they have 8.5 million dollars for this facility. They have done cost evaluations, site visits and have conversations with a lot of builders and contractors and believe that this is an appropriate budget. Mr. Meadows believes with their budget and this method of delivery they can marry this project and get it designed, completed and used by Marshall University faster than any other method of delivery, without forsaking quality. They want to give the tax payers a quality facility. It is imperative that this first piece of the project fall within the budget. The way to determine that is up front using the methods offered by Design Build. Marshall University has prepared the RFP which includes all nine (9) components required of Design Build. Copies of the RFP were distributed to the board members for review. Mr. Meadows stated that they are aware that this process will be made public, that the apparent low bidder may not get the contract and that there is a possibility of some protests. However, this RFP was written by what the legislation says. It was pointed out by Mr. Thrasher that it is not the job of the board to approve the RFP but he believed it would be beneficial information to have.

    Mr. Smith made a motion to approve the proposal by Marshall University for Design-Bid. Motion seconded by Dorothy Yeager. Motion passed unanimously.

 

    Donna Prunty advised the board that the presentation by Yeager Airport regarding the driveway canopy system has been withdrawn from the agenda. The representatives from Yeager Airport decided not to utilize the Design Build route for their project. A letter was sent to the representatives of Yeager Airport on July 31, 2001, confirming their decision. A copy of the letter is included in the information distributed to the board members.  

Other Business:

    Chairman Monteleone thanked Ms. Prunty for the nice job she did in working with Marshall University and stated that their presentation was one of the best ones they have seen in a very long time. The board has stressed to the former Secretaries in the past about the way things are done and that one of the criteria expected by the board is the need for speed.

    Discussion was had among board members regarding the next meeting date. It was suggested that Secretary Burton would look at the calender and pick a date sometime during the next quarter for the next meeting and then distributed the date to the board. It was also discussed that an earlier start time is preferred by everyone. The time of 11:00 was preferable to those traveling from out of town. Ms. Prunty stated she would get with Secretary Burton and Chairman Monteleone and provide the board with a date for the next meeting.

There being no further business to come before the board, the meeting was adjourned.