Public Building Commission of Chicago met August 8.
Here is the minutes provided by the Commission:
The regular meeting of the Board of Commissioners of the Public Building Commission of Chicago was held at the Board Meeting Room, 2nd Floor, Richard J. Daley Center on August 8, 2017 at 2:30 p.m.
The following Commissioners were present:
Rahm Emanuel
Olga Camargo
Frank M. Clark
Thomas J. Kotel
Jose G. Maldonado, Jr.
Toni Preckwinkle **
Arnold Randall
Jesse H. Ruiz
Samuel Wm. Sax
Mariyana Spyropoulos
David Todd Whittley – 11
** Arrived during Item A6
Also present were: Carina E. Sánchez
X. Alarcon S. Hendrich K. Purcell
N. Angotti P. Hernandez F. Rico
G. Blakemore Ge. Johnson E. Rivera
A. Bonsu A. Joseph K. Robinson
J. Borkman D. LaSpata J. Rodriguez
J. Buh L. Lypson B. Smith
V. Colla L. McGuire K. Smith
N. Dancy A. Maloney P. Spieles
R. DeVaughn A. Marti L. Tory
L. Dixon T. Mendrek B. Vevea
P. Doyle P. Montenegro T. Foucher-Weekley
J. Fair L. Neal A. Wiggins
A. Fredd E. O’Keefe R. Williams
L. Giderof D. O’Neill M. Witry
R. Giderof B. Payne J. Zielinski
N. Castillo-Hasan N. Perez J. Zito
The meeting was called to order by Chairman Rahm Emanuel, and the presence of a quorum was established.
Following the roll call, a public participation period was conducted pursuant to Section 2.06(g) of the Open Meetings Act. George Blakemore, Johnathan Bush and Dennis O’Neill had previously registered to provide comments under the guidelines established by Resolution No. 7611 approved by the Board of Commissioners on January 11, 2011. George Blakemore provided comments regarding the effect of the Project Labor Agreement on employment opportunities for the African American community. Johnathan Bush expressed appreciation that his company, Not Just Cookies, LLC would be able to participate in the Farmer’s Market that will be located in the pedway of the Daley Center. Dennis O’Neill expressed appreciation to the Commissioners for the new library and housing projects located in the vicinity of the ABLA homes, and also commented regarding the need for increased leadership at District Police Station 12 (PD-12).
Next, Chairman Emanuel presented to the Board of Commissioners for consideration of approval the minutes of the meeting held on July 11, 2017. The reading of said minutes, which had previously been distributed, was dispensed with and upon motion duly made and seconded, the minutes of the July 11, 2017 meeting were unanimously approved.
The next item on the agenda was a report by Commissioner Maldonado regarding the Administrative Operations (AO) Committee meeting held on August 3, 2017 which is summarized as follows:
The Executive Director provided a report on bid openings for two projects.
The Director of Finance provided a report on the Q2 2017 budgets for the PBC and the Richard J. Daley Center. The Director of Finance reported on PBC’s continuing efforts for cost savings in the Administrative Budget. As of 6/30/2017, the total gross expenses of $3,985,524 are 39% of the overall budgeted amount for the year. This is a trend of 11% below budget.
Also, favorable year to date budget variances were reported for the following line items:
• personnel services;
• professional service fees;
• legal services and
• office and computer maintenance expenses
The Director of Finance also advised the AO Committee regarding the Daley Center budget as follows: total revenues year to date are in line with the approved budgeted amount. Total expenses year to date are 7% under the budgeted amount. Currently, the Daley Center is yielding a net income of $704,000.00.
The Chief of Staff reported on the assignment of Professional Service Agreement 1994 for project development services.
The Director of Procurement reported on the following specialty consultant task order awards;
A task order issued to GSG Consultants, a MBE firm, for environmental engineering services in the sum of $586,248.00 for the Read Dunning Middle School Project.
Task orders awards for traffic study services as follows:
• DLZ Illinois Inc. in the sum of $16,608.00 for the Ebinger Elementary School Annex and $17,988.00 for the Mt. Greenwood Elementary School Annex Project.
• Primera Engineering, Ltd., a MBE firm, in the sum of $16,580.00 for the Esmond Elementary School Annex Project.
• Terra Engineering Inc., a WBE firm, in the sum of $13,970.00 for the Prussing Elementary School Annex Project.
A task order issued to Environmental Design International Inc., a MBE firm, for environmental engineering services in the sum of $174,388.50 for the South Side High School Project.
The Chief Development Officer provided a recommendation to approve a change order for the Lincoln Elementary School Annex Project for cost impacts associated with weather and utility schedule impacts along with site logistics constraints. The change order also included the deduction of unused commission contract contingency for a net sum of $373,919.36. He also reported that six field orders were approved and issued on two projects.
During Executive Session, the AO Committee was advised by Legal Counsel regarding a proposed settlement for the Police District 12 Project as well as an update on litigation issues.
The AO Committee accepted the recommendations and reports from the PBC representatives.
A copy of the Task Order Report is attached hereto as Exhibit A.
Following consideration of the AO Committee report and upon motion duly made and
seconded, the following Resolutions were adopted by the Board of Commissioners:
Resolution No. 8391
Be It Resolved by the Board of Commissioners of the Public Building Commission of Chicago that the Executive Director is hereby authorized to issue a change order to the construction contract for the project and services as indicated on the document entitled, “Proposed Change Order Report to the Administrative Operations Committee” and attached to the minutes of this meeting as Exhibit B.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Arnold Randall,
Jesse H. Ruiz, Samuel Wm. Sax,
Mariyana Spyropoulos and David Todd Whittley – 10
Commissioners voting in the negative: None
Next, the Board of Commissioners was presented with a Notice by the Executive Director regarding the award of contracts $25,000 and under. The Commissioners were advised that one contract had been awarded under the reporting limit of $25,000 since the last meeting. The Notice of Award Report was accepted and a copy of the report is attached to the minutes of this meeting as Exhibit C.
The next item on the agenda was a report by the Executive Director regarding the assignment, effective August 1, 2017, of Professional Service Contract 1994 with Ardmore for Professional Development Services to Ardmore Roderick who will continue to provide staffing services to the Public Building Commission until the expiration of the current contract. The Executive Director advised the board members that the owner of The Roderick Group has a familial relationship with an employee of the Public Building Commission who will not exercise any contract management authority, either direct or indirect, with respect to the performance of the contract. Legal Counsel was directed to conduct due diligence to ensure compliance with the Public Building Commission’s Ethics Resolution.
The next item on the agenda was a report by the Executive Director regarding regular reports, development status and other matters. She advised the Commissioners that on July 28, 2017, the Public Building Commission distributed via e-mail the second edition of its quarterly external newsletter entitled, “Constructive News You can Use.” The electronically distributed newsletter contains informative articles that showcase the impact that PBC is having on the community while alerting clients, elected officials and stakeholders about PBC’s current and upcoming activities. She also presented a written summary and power point presentation describing work that is underway by the PBC. At the conclusion of the discussion, the report by the Executive Director was accepted.
Next, the Board of Commissioners was presented with consideration of approval to award Contract No. C1577R to Sollitt/Oakley Joint Venture for construction of the new Dore Elementary School located at 7134 West 65th Street. Four responsive bids were received from duly pre-qualified Class A general contractors deemed eligible to bid on the Project (by attending the Mandatory Technical Review Meeting and Site Visit Walk-through). Upon motion duly made and seconded, the following resolution was adopted:
Resolution No. 8392
Whereas, pursuant to bid solicitations from duly pre-qualified Class A general construction firms, the Public Building Commission of Chicago received the following base bids for Contract No. 1577R, new Dore Elementary School located at 7134 West 65th Street, copies of which bids and contract documents are on file with the Commission:
Bidder; Base Bid; Award Criteria:
Sollitt/Oakley Joint Venture; $30,442,000.00; $28,773,778.40
F.H. Paschen, S.N. Nielsen & Associates, LLC; $30,594,150.00; $29,293,898.63
Path Construction Company Inc.; $31,799,000.00; $29,618,028.00
K.R. Miller Contractors Inc.; $31,620,000.00; $29,833,470.00
Whereas, the bid of Sollitt/Oakley Joint Venture was the lowest responsible bid meeting the technical specifications received by the Commission for the furnishing and performance of the work; and
Whereas, as a part of its bid proposal, Sollitt/Oakley Joint Venture has advised the Commission that the surety on the performance and payment bond to be supplied in the form set forth in the contract documents will be Travelers Casualty & Surety Company of America, a corporate surety authorized to do business under the laws of the State of Illinois; and
Whereas, the staff of the Commission has recommended that Contract No. 1577R be awarded to Sollitt/Oakley Joint Venture and Travelers Casualty & Surety Company of America, proposed surety on the performance and payment bond, be accepted and approved by the Commission.
Now Therefore Be It Resolved that the Board of Commissioners hereby awards to Sollitt/Oakley Joint Venture, Contract No. 1577R, new Dore Elementary School Project located at 7134 West 65th Street, pursuant to the terms thereof for the total contract price of $30,442,000.00 and authorizes and directs the appropriate officers of the Public Building Commission of Chicago to take such action as may be required or advisable in order to consummate the award and to execute the contract.
Be It Further Resolved that the Public Building Commission of Chicago does hereby approve a payment and performance bond to be supplied in the form set forth in the contract documents comprising Contract No. 1577R, subject to the completion and delivery to the Commission of said form of bond by Sollitt/Oakley Joint Venture and Travelers Casualty & Surety Company of America, as surety, in the principal amount of $30,442,000.00, and the Chairman is hereby authorized and directed to signify approval by the Commission of the fully executed bond.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley – 11
Commissioners voting in the negative:
None
Next, the Board of Commissioners was presented with consideration of approval to award Contract No. C1579 to F.H. Paschen, S. N. Nielsen & Associates LLC for construction of the new Skinner West Elementary School located at 1260 West Adams Street. Seven responsive bids were received from duly pre-qualified Class A general contractors deemed eligible to bid on the Project (by attending the Mandatory Technical Review Meeting and Site Visit Walkthrough). Upon motion duly made and seconded, the following resolution was adopted:
Resolution No. 8393
Whereas, pursuant to bid solicitations from duly pre-qualified Class A general construction firms, the Public Building Commission of Chicago received the following base bids for Contract No. 1579, new Skinner West Elementary School located at 1260 West Adams Street, copies of which bids and contract documents are on file with the Commission:
Bidder; Base Bid; Award Criteria:
F.H. Paschen, S.N. Nielsen & Associates, LLC; $11,804,000.00; $11,184,290.00
K.R. Miller Contractors Inc.; $11,967,000.00; $11,290,864.50
Path Construction Company Inc.; $12,126,000.00; $11,301,432.00
Sollitt/Sachi Joint Venture; $12,014,039.00; $11,355,669.00
Friedler Drive Joint Venture; $12,480,800.00; $11,925,404.00
Tyler Lane Construction Inc.; $13,252,376.00; $12,351,213.00
Blinderman Construction Co. Inc.; $13,706,000.00; $13,102,936.00
Whereas, the bid of F.H. Paschen, S.N. Nielsen & Associates LLC was the lowest responsible bid meeting the technical specifications received by the Commission for the furnishing and performance of the work; and
Whereas, as a part of its bid proposal, F.H. Paschen, S.N. Nielsen & Associates LLC has advised the Commission that the surety on the performance and payment bond to be supplied in the form set forth in the contract documents will be Continental Casualty Company, a corporate surety authorized to do business under the laws of the State of Illinois; and
Whereas, the staff of the Commission has recommended that Contract No. 1579 be awarded to F.H. Paschen, S.N. Nielsen & Associates LLC and Continental Casualty Company, proposed surety on the performance and payment bond, be accepted and approved by the Commission.
Now Therefore Be It Resolved that the Board of Commissioners hereby awards to F.H. Paschen, S.N. Nielsen & Associates LLC Contract No. 1579, new Skinner West Elementary School Project located at 1260 West Adams Street, pursuant to the terms thereof for the total contract price of $11,804,000.00 and authorizes and directs the appropriate officers of the Public Building Commission of Chicago to take such action as may be required or advisable in order to consummate the award and to execute the contract.
Be It Further Resolved that the Public Building Commission of Chicago does hereby approve a payment and performance bond to be supplied in the form set forth in the contract documents comprising Contract No. 1579, subject to the completion and delivery to the Commission of said form of bond by F.H. Paschen, S.N. Nielsen & Associates LLC and Continental Casualty Company, as surety, in the principal amount of $11,804,000.00, and the Chairman is hereby authorized and directed to signify approval by the Commission of the fully executed bond.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley - 11
Commissioners voting in the negative:
None
The next item on the agenda was consideration of approval of a Revised Undertaking Request from the Board of Education for the Abraham Lincoln Elementary School Project located at 615 West Kemper Place. An Undertaking Budget of $20,000,000.00 was approved for the Project at the PBC’s September 2014 board meeting. Following completion of the Project, additional scope was identified, including revisions to the rooftop wire guards, electric baseboard heaters and the MDF room split system. It was determined that an additional $150,000 budget would be required to complete the additional scope for the Project. A resolution approving additional funding of $150,000 was approved at the BOE’s July 26, 2017 board meeting. The budget for the Revised Undertaking as approved by the Board of Education is $20,150,000.00. Funding will be identified by CPS and include CPS Capital Bonds and Tax Increment Financing (TIF). Upon motion duly made and seconded, the following resolution was approved:
Resolution No. 8394
Be It Resolved that the Board of Commissioners hereby approves the Revised Undertaking Request from the Chicago Board of Education for the Public Building Commission for the Lincoln Park Elementary School Annex Project located at 615 West Kemper Street for the additional sum of $150,000.00, and a revised total project of $20,150,000.00.
Be It Further Resolved that the Executive Director and the appropriate officials of the Public Building Commission are hereby authorized and directed to undertake such actions and to execute such documents, upon approval by Legal Counsel as to form and legality, as may be necessary and appropriate in order to implement this Resolution.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley – 11
Commissioners voting in the negative: None
Next, the Board of Commissioners was presented with consideration of approval of Revised Undertaking No. 102 and Revised Undertaking No. 118 from the City of Chicago Office of Emergency Management and Communications (OEMC). The Executive Director advised the Commissioners that Undertaking Request No. 102 was the second owner-directed budget revision for a budget decrease of $379,470.10, from the approved budget undertaking amount of $3,710,884, for a revised Project Budget of $3,331,413.90. In addition, for Undertaking Request No. 118, OEMC requested a budget increase of $178,997 from the approved project budget of $115,536 for a revised project budget of $294,533. Upon motion duly made and seconded, the following resolution was approved:
Resolution No. 8395
Be It Resolved that the Board of Commissioners of the Public Building Commission hereby approves the following Revised Undertaking Budgets from the Office of Emergency Management and Communications (OEMC) and the Office of Budget and Management for the OEMC OVS Camera Enhancement Program:
No.; Description; Amount
102; Lifecycle Camera System Replacements (2nd Request) Revised Project Budget; ($ 379,470.10) $3,331,413.90
118; Aldermanic Camera Request – No. 9 Revised Project Budget; $85,141.00 $379,674.00
Be It Further Resolved that the Executive Director and appropriate officials of the Public Building Commission are authorized and directed to execute, upon approval as to form and legality by Legal Counsel, and to undertake such actions as may be necessary and appropriate in order to implement this resolution.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley – 11
Commissioners voting in the negative: None
The next item on the agenda was consideration of approval of the pre-qualification of general contractors for the Chicago Park District Capital Improvement Program. The Public Building Commission received 16 responses from firms interested in pre-qualifying for projects to be undertaken for the Chicago Park District Capital Improvement Program. The firms were evaluated based on the following criteria: technical competence and past performance, key personnel, financial capacity, history of MBE/WBE and employment opportunity compliance; and safety record. Upon completion of the evaluation process, it was recommended that the following 13 firms be pre-qualified to bid on the projects, namely: All-Bry Construction Company, Blinderman Construction Company, Inc., Burling Builders, Inc., F.H. Paschen, S.N. Nielsen & Associates, LLC, Friedler Construction Co., The George Sollitt Construction Company, John Burns Construction Company, K.R. Miller Contractors, Inc., The Lombard Company, Madison Construction Company, Reed Construction, Scale Construction, Tyler Lane Construction, Inc. Following discussion, and upon motion duly made and seconded, the following resolution was adopted:
Resolution No. 8396
Be It Resolved that the Board of Commissioners of the Public Building Commission hereby approves the following firms as pre-qualified to bid on projects included within the Chicago Park District Capital Improvement Program:
All-Bry Construction Company
Blinderman Construction Company Inc.
Burling Builders Inc.
F.H. Paschen, S.N. Nielsen & Associates, LLC
Friedler Construction Co.
The George Sollitt Construction Company
John Burns Construction Company
K.R. Miller Contractors Inc.
The Lombard Company
Madison Construction Company
Reed Construction
Scale Construction
Tyler Lane Construction Inc.
Next, the Board of Commissioners was presented with consideration of approval of an Undertaking Request and contract assignment from the Chicago Transit Authority for the following projects: 77th Street Bus Garage Washer and High Speed Door Project located at 210 W. 79th Street, and Kedzie Bus Garage High Speed Door Project located at 358 S. Kedzie Avenue. The work at the 77th Street Bus Garage includes replacement of two bus washers, the supporting infrastructure replacement and twelve new high speed overhead doors. The Kedzie Bus Garage project includes installation of five overhead doors and modifications to the existing structure to accommodate the electrical and building automation system upgrades. The Chicago Transit Authority has assigned the contract with John Burns Construction Company to the Public Building Commission. The budget for the project is $7,495,660.00 and is funded in part by the Federal Transit Authority. Upon motion duly made and seconded, the following resolution was adopted:
Resolution No. 8397
Be It Resolved that the Board of Commissioners hereby approves the Undertaking Request from the Chicago Transit Authority for the Public Building Commission to construct the 77th Street Bus Garage Washer and High Speed Door Project located at 210 W. 79th Street and the Kedzie Bus Garage High Speed Door Project located at 358 S. Kedzie Avenue for a project budget of $7,495,660.00.
Be It Further Resolved that the Executive Director and the appropriate officials of the Public Building Commission are hereby authorized and directed to undertake such actions and to execute such documents, upon approval by Legal Counsel as to form and legality, as may be necessary and appropriate in order to implement this Resolution.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley - 11
Commissioners voting in the negative:
None
Next, the Board of Commissioners convened an Executive Session for the purpose of discussing potential litigation under Section 2 ( c) 11 of the Open Meetings Act. Upon motion duly made and seconded, the following resolution was adopted:
Resolution No. 8398
Be It Resolved that an Executive Session of the Board of Commissioners is hereby convened for consideration of approval of potential litigation under Section 2 ( c) 11 of the Open Meetings Act.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley – 11
Commissioners voting in the negative: None
Following the Executive Session, the meeting was reconvened and the following resolutions were adopted upon motion duly made and seconded:
Resolution No. 8399
Be It Resolved that the Board of Commissioners of the Public Building Commission of Chicago hereby approves the proposed settlement regarding the Police District 12 Project.
Commissioners voting in the affirmative:
Rahm Emanuel, Olga Camargo,
Frank M. Clark, Thomas J. Kotel,
Jose Maldonado, Jr., Toni Preckwinkle,
Arnold Randall, Jesse H. Ruiz,
Samuel Wm. Sax, Mariyana Spyropoulos
and David Todd Whittley – 11
Commissioners voting in the negative: None There being no further business to come before the Board during the Regular Meeting, the meeting was adjourned.
http://www.pbcchicago.com/upload_events/DOC_989_file.pdf
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