Oregon Charter Academy (ORCA) Approved - August 28, 2024
MINUTES OF THE BOARD OF DIRECTORS’ SPECIAL MEETING
Tuesday, August 6, 2024 at 12:00 p.m. PT
Held at the following location: Via Zoom due to State Precautions regarding Public Health and Safety During COVID-19 Pandemic
Zoom: https://oregoncharter.zoom.us/j/91035080370
I. Call to Order
Mr. Brown called the meeting to order at 12:14 p.m. when all members were present and could hear each other.
II. Roll Call
Board Members present: Joseph Brown, Kim Thatcher, Jennifer Brady, Misty Galofteanu [joined at 12:16]
Board Members absent: Marsha Moyer,
Members of the Public present: None
ORCA Board Legal Counsel present: Matthew Kahl
School Staff present: Allison Galvin, Executive Director, and the following school staff; Lori Walter, Steve Nielsen, John Meyer, Rachel Reid
III Routine Business
[Misty Galofteanu joined at 12:16]
A Approval of the Agenda
Mr Brown asked if any changes needed to be made to the agenda
There being no changes to the proposed agenda, a motion was made and seconded as follows
Ms. Galofteanu moved to approve the agenda as presented. Ms Thatcher seconded the motion.
RESOLVED, that the agenda for the August 6, 2024 special meeting of the Board of Directors of Oregon Charter Academy is hereby approved
The motion passed unanimously
IV Public Hearing
A Exemption from Competitive Bidding for a Public Improvement Contract
Mr Nielsen presented a brief summary of findings regarding the exemption from competitive bidding for the Wilsonville facility remodel He reminded the board that after meeting with legal counsel, it was determined that the Board may choose to allow an alternative method for bidding the Wilsonville Building Remodel Project. This mandatory hearing is called to allow the Board to hear findings, review and approve an alternative bidding method, and allow for Public Comment.
Mr. Kahl elaborated on the findings regarding the exemption from competitive bidding and shared next steps in the RFP process. He explained that typical public improvement contracts require that the lowest bid be the sole criteria for award of the contract. For this public improvement construction contract, the school is proposing the use of an alternative project method: The Design-Build method wherein a single contractor is sought to both design and build out the proposed remodel.
Mr. Kahl went on to explain that in order to move forward with an alternative method for awarding the contract, the findings must show that two exemptions to competitive bidding are met First, that the alternative method is unlikely to encourage favoritism or substantially diminish competition Second, that the alternative method is likely to result in cost savings to the school and an increase in public benefit Findings around exemption one show that there will be an open competition with competitive bidding and a prepared and published request for proposal (RFP) The RFP will include a scoring section, listing the criteria for award of the contract and allowing all contractors who bid to tailor their proposal to those criteria Award of the contract will be based on how well a contractor scores against the criteria for the project Findings around the second exemption show that the Design-Build process will allow the school to work with a contractor that has designers in-house who can take into account other considerations such as sequencing of projects, and cost and availability of materials, resulting in a lower overall cost Other public benefits include a shorter construction timeline, tailoring to the school’s need, value engineering, and ability to consider public safety as a criteria for award of the project
Mr Kahl summarized that benefits to an alternative bidding method are that contracts are not simply awarded to the lowest bid but can consider the various qualifications of the various contractors He also outlined the next steps in the RFP process: the RFP will be posted, the building committee will meet with
potential contractors, contractors may conduct walkthroughs, building committee will receive and review proposals, and finally, the Board will either award the contract or choose not to move forward with the project at this time
B Public Comment
Mr Brown asked if there were any public comments on the findings
No comments were brought by members of the public at this time
V Action Items
A Review and consideration of exemption from competitive bidding requirement and authorizing the design-build alternative contracting method for the remodel of Suite 101 in the Wilsonville Boone Building
Mr. Kahl noted that he had summarized the above presentation and potential action in draft Resolution 5A-8-6-24.
Mr. Brown asked the Board if there were any questions or discussion needed regarding the presentation by Mr. Kahl. There being none, a motion was made and seconded as follows.
Ms. Galofteanu moved to adopt the written findings as presented, to exempt the Wilsonville Remodeling Project from competitive bidding, and to use the Design-Build alternative method as outlined in Resolution 5A-8-6-24.
Ms. Thatcher seconded the motion.
RESOLVED, to ADOPT the written findings in support of and exempting Oregon Charter Academy’s Wilsonville Building Remodeling Project from the competitive bidding requirements and to use the Design-Build alternative method of contracting as outlined in Resolution 5A-8-6-24
The motion passed unanimously
VI Public Comment None
VII Adjournment
Ms Thatcher moved to adjourn the meeting
Ms Brady seconded the motion
The meeting was adjourned by Mr Brown at 12:35 p m
Next regular meeting date: August 28, 2024 at 12:00 p m PT in Zoom