The Fox C-6 School District will temporarily pause progress on 14 of 16 projects that are anticipated to be funded by a $40-million bond issue approved by voters June 2.
On Oct. 20, Board of Education members voted to extend a contract to a design firm for two of the projects, and the board also voted to submit a request for qualifications (RFQ) to decide what firm will handle the work on 14 other projects.
Board members voted 5-2 to contract with Building Resource Studio (BRS) to handle the architecture work and construction oversight for additions to Antonia and Meramec Heights elementary schools, while also handling those duties for budgeted capital improvement projects for the rest of the 2020-2021 school year.
Jim Chellew and Krystal Hargis cast the no votes, while Vicki Hanson, Judy Smith, Bob Gruenewald, Carole Yount and Michelle Chamberlain voted yes.
The board then unanimously approved drafting an RFQ for the architecture work and construction oversight for the remainder of the bond issue’s projects, which includes building a new instructional wing at Fox High School, building new classrooms at Seckman Middle School and numerous other capital improvement projects.
Fox is projected to pay BRS $367,500 for the Antonia Elementary project and $472,500 for the Meramec Heights Elementary project, district chief financial officer John Stewart said.
Fox is funding the elementary school additions and the other projects with funds from the sale of bonds. Voters approved the bond issue, which was called Prop P and stood for Promise, Purpose and Progress for our students. It needed a four-sevenths majority (57.14 percent) for approval and passed with 5,589 yes votes (75.31 percent) to 1,832 no votes (24.69 percent).
“I, along with our elementary principals, are very grateful for the Board of Education members that supported BRS getting this work,” Superintendent Nisha Patel said. “BRS has already provided a lot of upfront work and dedicated time with the principals and staff. They understand our needs and approach all of their work with a collaborative lens.
“I also respect the board’s decision in wanting to do an RFQ for the remaining Prop P projects and support it.”
Concerns
Board members redefined Fox’s working relationship with BRS after Chellew raised concerns about the district using the firm to design and oversee Prop P projects without the board voting on whether to use that firm.
Fox started its relationship with BRS in 2017 when the firm was hired to design and oversee work at the middle schools when the sixth-grade classes transferred from the elementary schools into the middle schools.
Between 2017 and June, BRS did 16 projects for Fox and was paid about $1.1 million, Stewart said.
“When a public entity hires someone after reviewing proposals and continues working with that firm, when new projects arise without soliciting proposals that is likely violating the intent of the law,” said Chellew, who worked for Fox as a substitute teacher, teacher, principal, assistant superintendent and superintendent before retiring in 2009. “My issue is we should have put RFQs out after we passed Prop P.”
An RFQ in 2016, which led to BRS’s hiring in 2017, outlined the scope of work: “In the near term, various facility alterations are needed to accommodate moving 6th grade students to middle schools. In the longer term, numerous facility needs are anticipated.”
That language is why Fox continued its relationship with BRS for other projects, including drafting and showing the public preliminary plans to renovate Antonia Elementary and begin work on the Prop P projects.
“I can say without a doubt that Fox C-6 has thoroughly enjoyed working with BRS because of their professionalism and flexibility,” Patel said. “We have found their knowledge and creativity to be an excellent fit for Fox C-6. BRS takes great pride in designing projects within, or even under budget, that are in direct alignment with the task needing to be accomplished.”
Chellew said he felt board members were being backed into a corner to continue to employ the firm without seeking ideas and bids from other architecture firms.
“As a board member, you never like being backed into a corner when you have to make a decision,” Chellew said.
Hargis said she supports the additions being constructed at the elementary schools, but she couldn’t support entering a contract with BRS for the work without a new RFQ.
“I know the importance of receiving all pertinent information in a timely manner,” Hargis said. “I have a commitment to the Fox community to make well-informed decisions. At the June board retreat, the board made a request of the administration to seek RFQs. This did not happen, and it put the board in a difficult position.”
Patel said it is not uncommon to continue to work with providers of professional services, such as legal services, audit services and architectural services, for extended periods of time after an RFQ has been issued and a firm is selected.
She said it made sense to issue a new contract to BRS for Prop P work, but she didn’t think it was necessary to do the RFQ process. But she said she also said she respects the board members’ decision to seek RFQs from other firms.
“I have been incredibly proud of the work done over the past five-plus years, three of which I was the assistant superintendent of secondary schools and two of which I have had the honor of being the superintendent,” Patel said. “We have always done things above reproach. As your superintendent I can guarantee I will be completely transparent and ethical and keep our students’ best interest in mind first and foremost.”
Resolution
Board president Vicki Hanson said she is satisfied with how the matter was resolved – with BRS receiving the contract for the elementary schools and the district seeking ideas from other firms for the remainder of the Prop P work.
“I wish there wouldn’t have been a conflict, but as a board, we need to have open discussions and people have different perspectives and insights,” Hanson said. “The original RFQ was almost four years ago. The best practice is to issue another one for the remaining (Prop P) projects.”
Chellew said BRS needed to be given the contract to design and oversee the addition to Antonia Elementary because of the work the firm already did on that project and because the plans were made public leading up to Prop P being approved.
But, he said, he did not feel the same way about the project at Meramec Heights or other bond issue projects.
He said all other work BRS has done on Prop P projects is preliminary and easily transferred to a new firm, if a new one is chosen.
He said the board must be diligent in choosing the best firm to complete bond issue projects.
“When you have a $40 million bond issue, and you are going to be building buildings that will be used for the next 50 years, you want to make sure you get the best people,” Chellew said.
Arthur Floyd, who along with his wife, Carolyn Green, is a principal at the BRS, said the firm plans to respond to Fox’s RFQ, and added that he is comfortable continuing the working relationship his firm and the district have had since 2017.
“We have a very good working relationship with Fox, and we value it highly,” Floyd said. “We are excited about these new projects. We know Antonia Elementary and Meramec Heights Elementary very well as well as the ongoing capital improvements. We are looking forward to submitting our qualifications for the RFQ.”
Prop P timeline
Stewart said Fox planned to seek RFQs the week of Oct. 26.
Patel said the RFQ process can take six to eight weeks. Steps involve writing the request, posting it, allowing a window for questions about the RFQ from prospective firms, selecting which firms to interview, doing the interviews and then announcing which firm is selected.
She said the pause to seek other qualified architects should not hamper Fox’s timeline to complete Prop P projects.
“We have to remember that we have done all of the work since Prop P was approved during a pandemic,” Patel said. “We have been able to continue our timeline in the way we have wanted without any pause. This is truly the first time we will pause for a little bit, go through the RFQ process and make sure we have plenty of time to continue with the design and construction of the remaining projects. I’m pleased with the progress of the projects so far.”
Stewart said Fox will sell bonds in two phases to finance the projects. He said the first set of bonds, about $20 million to pay for work at Antonia and Meramec Heights elementary schools, is scheduled to be sold in early 2021.
The funds should be available in March or April, which will be the same time Fox will likely seek bids from construction companies to do the work.
He said contracts to build the elementary school additions will likely be awarded in April with the work expected to be completed during the summer of 2021.
