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REQUEST TO EXTEND THE TARGET MARKET CONTRACT WITH DUSABLE PARK DESIGN ALLIANCE FOR DUSABLE PARK DEVELOPMENT SPECIFICATION NO. P-21009 FOR TWO YEARS AND APPROVE CHANGE ORDER NO. 3
BODY
To: The Honorable Board of Commissioners of the Chicago Park District
I. Recommendation
Pursuant to Chapter XI, Section C.3.a of the Code of the Chicago Park District, the Director of Purchasing and the Director of Planning & Development recommend, notwithstanding the lack of complete Economic Disclosure Statements, that the Board of Commissioners of the Chicago Park District (the “Board”) authorize a two (2) year extension of the DuSable Park Development Design Services Agreement dated as of September 1, 2022 and approve Change Order No. 3 in an amount not to exceed $387,021.00 for Specification No. P-21009 (the “Project”) for construction administration services to be provided by DuSable Park Design Alliance.
II. Award Information
Date of Award: March 9, 2022
Contractor: DuSable Park Design Alliance
2301 South Michigan Avenue
Chicago, IL 60616
MBE% WBE%
Original Contract Amount : $1,570,000.00 49.81 25.71
Previous Change Orders (#01-#02): $ 913,882.00 - -
Contract Amount prior to this Change Order: $2,483,882.00 47.22 25.44
Amount of Current Change Order (#03): $387,021.00 (24.65%) 49.62 31.39
Total Change Order Value (#01-#03): $1,300,903.00 (82.86%) - -
Total New Contract Amount: $2,870,903.00 48.07 26.24
Company Type: Joint Venture
Majority Interest: Brook Architecture 51% interest
Ross Barney Architects 49% interest
New Contract Amount: Not-to-exceed $2,870,903.00
Compliance Goals: The Minority and Women-Owned Participation for this contract includes 48.07% Minority-Owned and 26.24% Women Owned participation.
Contract Period: One (1) year initial term with four (4) one (1) year extension options. The contract will expire on August 31, 2028.
Scope of Services: Construction Administration and Observation.
Authorization: Authorize the General Counsel to include other relevant terms and conditions in the written extension agreement. Authorize the General Superintendent to execute the extension agreement and the Secretary to attest as to the signing of the extension agreement and keep an original copy of the extension agreement on file. Authorize the Director of Planning and Development or their designee to perform any and all acts as shall be necessary and advisable in connection with authorizing Change Order No. 3 for the Project.
III. Budget and Financial Information
Budget Classification: Capital
Source of Funds: 391.8260.0478.627030.IF001.22.08.66050
IV. Procurement Information
Specification Number: P-21009
Date Issued: September 22, 2021
Number of Proposals Received: 11
Date Proposals Due: November 15, 2021
The contract was publicly advertised as a Target Market Request for Proposals (“RFP”). The Contractor was selected pursuant to a target market search and received Board of Commissioners approval on March 9, 2022. The contract execution date was September 1, 2022. The contract will expire on August 31, 2026 unless an extension is authorized.
V. Explanation of Recommendation for Contract Extension and for approval of Change Order No. 3
The Contractor and the Park District are parties to DuSable Park Development Design Services Agreement dated as of September 1, 2022 (the “Agreement”).
The Project’s scope of work includes services of a consultant team to prepare construction documents for DuSable Park based on the recommendations of the 2006 DuSable Park Framework Plan. Services included but were not limited to landscape and architectural design, interpretive design, renderings, cost estimates, surveying, and engineering. A portion of the overall design services that includes Construction Administration were not initially retained due to the uncertainty of when construction would begin and the overall construction administration needs based on the design. The Contractor, who is the architect of record, needs to be retained to perform site reviews during construction, review the construction contractor submittals, and confirm the intended design is constructed in accordance with the permitted design documents as further described.
Additional services are necessary to provide construction administration for DuSable Park. The contractor will perform site reviews during construction and submit written observation reports identifying work in progress and action items needed. The Contractor will produce monthly reports including RFI logs, change order logs, project schedules, budgets, and any issues that may affect cost and schedule. In addition, the Contractor will review and approve shop drawings and submittals, respond to requests for information, and approve payment requests. Upon notification from the general contractor that the project is substantially complete, the contractor will attend site review meeting, prepare a punch list, and attend final site review and sign-off upon its completion. The contractor will be responsible for construction drawings, technical specs, and permits. They will also provide problem resolution for 12 months after final inspection and participate in a landscape warranty inspection 11 months after project completion.
A time extension on the contract will allow the Contractor adequate time to provide Construction Administration services through the duration of construction and during the problem resolution and close out phase after project completion.
Through a competitive bidding process, a design profession has already been awarded for the design of the Project. Therefore, a new competitive bidding process for the continuation of construction administration within the existing project would be neither practical nor advantageous to the Park District for this change order. The Contractor possesses the professional qualifications and experience necessary for the satisfactory performance of the required services for the Project. Approval of this change order is in the best interest of the Chicago Park District (“Park District”).
The Contractor has submitted an Economic Disclosure Statement (EDS). Awardee’s EDS discloses that it is owned by Brook Architecture (51% interest) and Ross Barney Architects (49% interest ). As of the date hereof, Contractor has not provided completed EDSs for Brook Architecture or Ross Barney Architects.
VI. General Conditions
1. Conflicts: The extension agreement authorized herein shall not be legally binding on the Chicago Park District if entered into in violation of the provisions of the Public Officer Prohibited Activities Act, 50 ILCS 105/0.01 et seq.
2. Ethics: The original Agreement contains a provision requiring Contractor to comply with all laws, including but not limited to the Chicago Park District’s Ethics Code, Chapter III of the Code of the Chicago Park District.
3. Contingent Liability: Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to 70 ILCS 1505/17(i).
4. Economic Disclosure Statement (“EDS”): The Contractor has not submitted full and complete EDSs prior to submission to the Board.