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February 29, 2024

COD- Another illegitimate contract? – Part 2

By Kirk Allen & John Kraft

On January 3, 2015

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:

  • “Construction Manager” – Herricane Graphics
  • Architect”Herricane Graphics. 
  • Construction Managers representative” –  Carla Burkhart, Herricane Graphics
  • Architects Design Representative – Carla Burkhart, Herricane Graphics.

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? 

  • Construction manager (Herricane Graphics) is to review and forward requests for information and submittals to Architect/designer.
  • The named Architect for this project, Herricane Graphics, is not an Architect so who gets the requests for information and submittals when they are architectural in nature?

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.

  • Copy of any statement of qualifications and performance data filed with COD by any architectural, engineering, or land surveying services in the last 5 years.
  • Copy of any notice requesting a statement of interest in any COD project mailed or e-mailed to firms who have a current statement of qualifications and performance data on file with COD in the last 5 years.
  • Copy of any advertisement in a secular English language daily newspaper of general circulation throughout the COD district, requesting a statement of interest in any architectural, engineering, or land surveying project and further requesting statements of qualifications and performance data from those firms which do not have such a statement on file with COD in the last 5 years.
  • Copy of an advertisement for professional services on the COD website requesting a statement of interest in any above referenced services (architectural, engineering, or land surveying services) in the last 5 years.
  • Copy of all evaluations, notes, and/or presentations in the possession of COD utilized to determine which professional service providers (architectural, engineering, or land surveying services) would receive contracts with COD in the last 10 years.
  • Copy of all technical submissions provided by Herricane Graphics under any contract they have had or have with COD
  • Copy of all certified payroll records for all projects contracted to Herricane Graphics.
  • Copy of insurance certificates and policies, in form and substance as outlined in the contract provided between COD and Herricane Graphics. Specifically, item 2.6 of said contract outlines the requirement. I am seeking the records outlined in that section of the contract to include the certificates of insurance, insurance policy, and copies of the amendatory riders to any such policy for Herricane Graphics.


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