January 3, 2015 · 0 Comments
DuPage Co. (ECWd) –
Fast forward two years from the contract date exposed in this article, and we find ourselves in yet another very interesting situation.
Pretty much every Board Approval Document (B.A.D.) we have seen outlines 4 signatures. The last page has the signature of Breuder the vast majority of the time. (Click here for the 2012 BAD – see page 2)
After months of continued exposure of questionable actions by Breuder and his team at COD, as it relates to no-bid contracts with Foundation Board members, an interesting thing happens on the October 2014 B.A.D. signature page. Breuder did not sign it. No, he had his Executive VP sign it. Although there may not be anything to that fact, it does appear to follow a pattern of him distancing himself on matters of legal concern. A past article here exposed COD lied to the courts in a petition. The draft version had Breuders name, but what was presented to the courts no longer had his name and title on it but instead had that of the Board President. Is this a case of distancing himself from matters that may have legal consequences? (Click here for the 2014 BAD – see page 3)
Questionable Contract # 2 is for “Construction Manager as Constructor”. (click here for copy of 2014 contract)
Title headings on page one outlines the following:
So now, not only has she received another no bid contract under the claim she is a professional service provider, but she now has the title of Construction Manager as the Contractor.
Once again her business name appears under the title “Architect”, which according to the state there is no licensed Architect with the business name of Herricane Graphics. We have also confirmed with the Illinois Department of Financial and Professional Regulations, the placing of a business name under the title of Architect on an AIA standard form is considered to be holding themselves out as an Architect and a violation of the law.
One of the duties in the 2014 no-bid contract under the Requests for Information/Submittals section is to Review and forward to architect/designer and/or owner all trade contractor requests for information and submittals. Provide recommendations, note cost implications or schedule concerns for the Owner’s representative review. Maintain a date sensitive computerized log of all such documents indicating current status of each item. (Click here and see page 4 for this information)
How does that work?
A purchase order for $96,022.26 was approved by the COD board on July 17th, 2014 for this contract. Considering this is a Construction Management contract, Herricane Graphics may possess the skill set to qualify however we don’t find “Construction Manager” listed anywhere as a Professional service. (Click here for the board approval of the purchase order)
Assuming Herricane Graphics has met all the requirements to receive this no bid contract as the Construction Manager, who at COD is in charge of ensuring the agencies the Construction Manager hires has the certifications documented on the contract?
Additional documents required to be filed with COD under these contracts have been requested and we will update as those are received. In addition to those request, other key documents tied to qualifying for no-bid contracts have also been requested. The list of what we are awaiting can be seen below.
By Kirk Allen