THE BOARD OF TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK COMMITTEE ON FACILITIES PLANNING AND MANAGEMENT I. ACTION ITEMS: AGENDA April 6, 2017, 4:30 p.m. 205 East 42 nd Street, 7 th floor, Kibbee Board Room, 0725 A. Approval of the Minutes of the meeting of February 6, 2017. B. Policy Calendar 1. Bronx Community College Construction Services for Fire Alarm Systems for Multiple Buildings: To request the City University Construction Fund to enter into a contract with Siemens Industry, Inc. to purchase construction services for Fire Alarm Systems at four buildings at Bronx Community College under the existing New York State Office of General Service Contract. The total cost shall be chargeable to the State Capital Construction Fund, Project No. 3225709999 in an amount not to exceed $4,995,014. The contract shall be subject to approval as to form by the Fund s General Counsel. 2. City University of New York Execution of Lease Amendment for 70 Murray Street, 2 nd Floor, New York, New York on Behalf of the Borough of Manhattan Community College: That the Board of Trustees of the City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a new lease amendment, along with any associated agreements, for approximately 25,935 rentable square feet of space, at 70 Murray Street, New York, New York, on behalf of the Borough of Manhattan Community College. The lease amendment shall be subject to approval as to form by the University Office of General Counsel. 3. City University of New York Execution of Lease Amendment for 5030 Broadway, New York, New York, on Behalf of Borough of Manhattan Community College and Hostos Community College: That the Board of Trustees of the City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a lease amendment, along with any associated agreements, to effect the leasing of an additional 15,000 rentable square feet of space, at 5030 Broadway, New York, New York, on behalf of Borough of Manhattan Community College and Hostos Community College. The lease amendment shall be subject to approval as to form by the University Office of General Counsel.
Agenda, BoT CFPM April 6, 2017, Page 2 REVISED 4. City University of New York Execution of Lease for Office Space at 558 Grand Concourse, Bronx, New York, on Behalf of Hostos Community College: That the Board of Trustees of The City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a fifteen-year lease, along with any associated agreements, for approximately 25,000 rentable square feet of office space, at 558 Grand Concourse, Bronx, New York, for use by Hostos Community College. The lease shall be subject to approval as to form by the University Office of General Counsel. 5. City University of New York Execution of Lease Renewal for Space at 111 Livingston Street, Brooklyn, New York, on Behalf of Brooklyn Educational Opportunity Center of New York City College of Technology: That the Board of Trustees of the City University of New York authorizes the Vice Chancellor of Legal Affairs to execute a lease renewal agreement for ten years, along with any associated agreements, for approximately 45,000 rentable square feet of space, at 111 Livingston Street, Brooklyn, New York on behalf of the Brooklyn Educational Opportunity Center administered by New York City College of Technology. The lease renewal agreement shall be subject to approval as to form by the University Office of General Counsel. May 2017
BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK COMMITTEE ON MINUTES OF THE MEETING FACILITIES PLANNING AND MANAGEMENT FEBRUARY 6, 2017 The meeting was called to order at 5:51 p.m. Committee Vice Chair Sandra Wilkin chaired this meeting in the absence of Committee Chair Brian D. Obergfell. The following people were present: Committee Members: Hon. Sandra Wilkin, Vice Chair Hon. Wellington Z. Chen Hon. Lorraine A. Cortés-Vázquez Hon. Charles A. Shorter Prof. Jay Weiser, faculty member Mr. Donavan Borington, student member University Staff: Vice Chancellor Judith Bergtraum Mr. Gustavo Ordóñez Trustee Observer: Hon. Chika Onyejiukwa Trustee Staff: Senior Advisor to the Chancellor and Secretary of the Board Gayle M. Horwitz Interim General Counsel and Vice Chancellor for Legal Affairs Jane Sovern Deputy to the Secretary Hourig Messerlian Ms. Towanda Lewis Ms. Fenella Ramsami Cal. No. DISPOSITION The agenda items were considered and acted upon in the following order: I. ACTION ITEMS: A. APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 9, 2017. Moved by Committee Vice Chair Sandra Wilkin and seconded by Trustee Charles Shorter, the minutes were approved as submitted. B. POLICY CALENDAR 1. The City University of New York Allocation of $20 Million in Capital Funds to Projects. Committee Vice Chair Wilkin asked for the Committee s approval to authorize the allocation of $12 million to Lehman College for the construction of the Nursing Education, Research and Practice Center, and $8 million to Brooklyn College for completion of the construction of the Leonard and Claire Tow Performing Arts Center. See attached Vice Chancellor Judy Bergtraum s presentation on New Facilities Needing Funding: Allocation of $20 million FY2016-17 Initiative Funding. In response to a question from Trustee Shorter on whether the underlying rationale for these two colleges is that there is relatively a small amount necessary to complete and upgrade these projects in due time: Vice Chancellor Bergtraum stated that one project will be completed between August and September 2017, and the other project will begin but the University will have enough money to build the Nursing Education, Research and Practice Center.
BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK COMMITTEE ON MINUTES OF THE MEETING FACILITIES PLANNING AND MANAGEMENT FEBRUARY 6, 2017 Trustee Lorraine A. Cortés-Vázquez stated that for the record she would like to thank the people at CUNY who were instrumental in advocating for these capital funds because it shows team effort and coordinated collaboration, and she hopes that this continues to be the spirit on all future projects. She would like to also recognize that even though their advocacy efforts were effective they are not getting any of the monies associated with this project. Trustee Cortés-Vázquez added that it is prudent that CUNY start looking at projects toward completion. Even on the other six projects listed during the presentation, the University need to start being realistic in terms of timeline and what is the plausibility of moving them forward or making some decisions about how long to keep them on the books because if there is no concrete plan, the University will always be working towards something that will not be a possibility. Moved by Committee Vice Chair Wilkin and seconded by Trustee Shorter, and following discussion, the item was approved for submission to the Board. Trustee Cortés-Vázquez voted no. 2. Brooklyn College Amendment to the Architectural Services Contract for the Performing Arts Center. Committee Vice Chair Wilkin asked for the Committee s approval to authorize the General Counsel to amend the previously approved architectural design services contract with Pfeiffer Partners, adopted at the regular meeting of the Board of Trustees of The City University of New York, held on April 26, 2010, Cal. No. 6.B., from the not-to-exceed amount of $7.5 million to a not-to-exceed amount of $9.5 million. The contract cost shall be chargeable to the CUNY Construction Fund, Project No. BY600-006. The contract shall be subject to approval as to form by the University Office of General Counsel. See attached Vice Chancellor Bergtraum and Interim University Assistant Director of Design, Construction and Management Ralph Carmosino s presentation on the Performing Arts Center at Brooklyn College. In response to questions from Prof. Jay Weiser on a) who was responsible beforehand to discover the utility lines and other things, and b) what is CUNY s process for estimating equipment: Vice Chancellor Bergtraum stated that it was the architect s responsibility to discover the utility lines as well as other things during the design. Interestingly enough, the Department of Environmental Protection (DEP) initially had said it was okay, and then changed their mind. She added that if one looks at CUNY buildings which were built in the last eight years and look at construction in other areas, what happens is that a structure is built, and then in many instances, the University goes back and ask for money from elected officials and others to purchase the furniture. Going forward, CUNY will not proceed with a building unless it has all the money; however, leaving out the furniture has been very common with any operation that does construction. In response to a question from Trustee Cortés-Vázquez on whether the $16 million is for naming rights or for private fundraising: Vice Chancellor Bergtraum stated that the $16 million was received from the Tow family for naming rights. Moved by Committee Vice Chair Wilkin and seconded by Trustee Wellington Chen, and following discussion, the item was approved for submission to the Board.
BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK COMMITTEE ON MINUTES OF THE MEETING FACILITIES PLANNING AND MANAGEMENT FEBRUARY 6, 2017 3. Brooklyn College Amendment to the C/M Build Contract for the Performing Arts Center. Committee Vice Chair Wilkin asked for the Committee s approval to request that the City University Construction Fund amend the previously approved construction management contract with Hill International, Inc., adopted at the regular meeting of the Board of Trustees of The City University of New York, held on April 27, 2009, Cal. No. 6.H., from $70 million to $87 million. The contract cost shall be to a not-to-exceed amount of $87 million. The contract cost shall be chargeable to the CUNY Construction Fund, Project No. BY600-006. The contract amendment shall be subject to approval as to form by the University Office of General Counsel. See attached Vice Chancellor Bergtraum and Interim University Assistant Director of Design, Construction and Management Carmosino s presentation on Brooklyn College Performing Arts Center, for I.B.2. Moved by Committee Vice Chair Wilkin and seconded by Prof. Jay Weiser, and following discussion, the item was approved for submission to the Board. 4. New York City College of Technology Amendment to Architectural Services Contract for the New Academic Building. Committee Vice Chair Wilkin asked for the Committee s approval to request the City University Construction Fund to amend the existing architectural services contract with Perkins Eastman Architects, P.C., to reflect the fund s purchase of additional design and construction-related services to complete the construction for the new academic building. The amendment is to authorize an increase in the approved amount from $17 million to $20 million. The total cost of the amendment shall be chargeable to the State Capital Construction Fund, Project No. 2582909999, for an amount not to exceed $3 million. The contract amendment shall be subject to approval as to form by the Fund s General Counsel. Vice Chancellor Bergtraum stated that this amendment is needed to take care of the additional architectural changes at New York City College of Technology (NYCCT). See attached Vice Chancellor Bergtraum s presentation on New Academic Building at New York City College of Technology. In response to a question from Trustee Wellington Chen on what was the material that caused a problem in the circular area of the New Academic Building at NYCCT: Interim University Assistant Director of Design, Construction and Management Carmosino stated that a ceramic tile roof was susceptible to cold weather, so it had to be changed. In response to questions from Mr. Donavan Borington on a) whether the interior and exterior of the building meet the needs of all of the students, and b) will it be fully accessible: Vice Chancellor Bergtraum stated that all new CUNY buildings are fully accessible to all students. In response to a question from Prof. Weiser on whether there were any other unexpected field conditions, other than the tile: Interim University Assistant Director of Design, Construction and Management Carmosino stated that there were some issues with the glass curtain wall, for example, there were different kinds of glass being manufactured, so it needed to be simplified in
BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK COMMITTEE ON MINUTES OF THE MEETING FACILITIES PLANNING AND MANAGEMENT FEBRUARY 6, 2017 construction. Also, there were different types of glass used in different applications, for example, the building/lobby versus an office space. Moved by Committee Vice Chair Wilkin and seconded by Trustee Wellington Chen, and following discussion, the item was approved for submission to the Board. II. INFORMATION ITEMS: A. Report Community College Construction Projects Vice Chancellor Bergtraum stated that at the last meeting, the Office on Facilities Planning, Construction and Management (OFPCM) committed to start giving this Committee the lists of projects that are at the community and senior college level so she would like to provide the Committee with the first list. Before the next scheduled meeting in April 2017, OFPCM will provide this Committee with a list of all projects in the senior colleges, and it will be posted online. She added that more fields will be added going forward. See attached Vice Chancellor Bergtraum s report on CUNY: Community College active projects. Committee Vice Chair Wilkin moved to go into Executive Session at 6:23 p.m. The motion was seconded by Trustee Cortés-Vázquez. CONVENING OF EXECUTIVE SESSION: Committee Vice Chair Wilkin called for an Executive Session pursuant to Section 105, Article 7, of the Public Officers Law, for the purpose of discussing real estate matters. The Committee met in Executive Session from 6:27 p.m. to 6:38 p.m. The Committee reconvened in Public Session. Committee Vice Chair Wilkin moved to adjourn the meeting. The motion was seconded by Trustee Cortés-Vázquez and the meeting was adjourned at 6:39 p.m.
B-1 BRONX COMMUNITY COLLEGE CONSTRUCTION SERVICES FOR FIRE ALARM SYSTEMS FOR MULTIPLE BUILDINGS RESOLVED: That the Board of Trustees of The City University of New York request the City University Construction Fund to enter into a contract with the firm of Siemens Industry, Inc. to purchase construction services for Fire Alarm Systems at four buildings at Bronx Community College, under the existing New York State Office of General Service Contract. The total cost of all such purchases shall be chargeable to the State Capital Construction Fund, Project No. 3225709999 in an amount not to exceed $4,995,014. The contract shall be subject to approval as to form by the Fund s General Counsel. EXPLANATION: The Bronx Community College Fire Alarm Project will consist of the rehabilitation of the fire alarm systems at four (4) campus buildings and a new campus command center. Accordingly, the Fund on behalf of the City University of New York, intends to upgrade the existing fire alarm systems for Meister Hall, Gould Memorial Library, New Hall, and Polowczyck Halls. The proposed vendor will undertake the work under a New York State Office of General Services Contract. May 2017
B-1 ATTACHMENT FOR THE COMMITTEE ON FACILITIES PLANNING AND MANAGEMENT BRONX COMMUNITY COLLEGE FIRE ALARM SYSTEM FOR MULTIPLE BUILDINGS PROJECT NO. 3225709999 Exhibit A - Exhibit B - Site Plan Project Summary
B-1 EXHIBIT B PROJECT SUMMARY BRONX COMMUNITY COLLEGE FIRE ALARM SYSTEM FOR MULTIPLE BUILDINGS PROJECT NO. 3225709999 1. Nature of Action 2. Related Trustee Actions Request for permission to execute a contract with Siemens Industry on behalf of Bronx Community College to purchase construction services to install fire alarm systems in four buildings and a new command center. Not Applicable 3. Project History Not Applicable 4. Project Scope Installation of new fire alarm systems for Meister Hall, Gould Memorial Library, New Hall, Polowczyck Halls to meet new code requirements as directed by the New York City Fire Department (FDNY) and install a new campus command center. 5. Net-to-Gross Efficiency Not Applicable 6. Schedule Design Completion December, 2015 Installation Start May, 2017 7. Project Funding Source: NY City Funds State Funds Amounts: $2,497,507 $2,497,507 TOTAL $4,995,014 8. Cost $4,995,014.00 9. Cost per Square Foot Not Applicable
B-2 CITY UNIVERSITY OF NEW YORK EXECUTION OF LEASE AMENDMENT FOR 70 MURRAY STREET, 2 ND FLOOR, NEW YORK, NEW YORK ON BEHALF OF THE BOROUGH OF MANHATTAN COMMUNITY COLLEGE RESOLVED: That the Board of Trustees of The City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a new lease amendment, along with any associated agreements, for approximately 25,935 rentable square feet of space, at 70 Murray Street, New York, New York, on behalf of the Borough of Manhattan Community College. The lease amendment shall be subject to approval as to form by the University Office of General Counsel. EXPLANATION: The Borough of Manhattan Community College has occupied 156,179 rentable square feet of office and classroom space at this location on the Ground Floor, part of the 2 nd Floor and the entire 10 th, 11 th, 12 th and 14 th Floors since June 2004, pursuant to a lease (the Master Lease ) that will expire on May 31, 2035. Under the Master Lease, the current annual base rent is $6,648,160 ($42.56/SF). To accommodate the college s need for expansion space to house its academic programs, the University will amend the Master Lease to add an additional 25,935/SF of space, bringing the total amount of space under the Master Lease up to 182,114/SF. The additional space is comprised of the balance of the 2 nd Floor of the building and will house the college s ASAP program. The term for the additional space will be co-terminous with the Master Lease and will start upon substantial completion by landlord of the interior renovations specified by the University. The University will reimburse the landlord for the cost of the renovations. The base annual rent will start at $50.80/SF ($1,317,498) and will increase by $5.00/SF every five years. Pursuant to the Master Lease, the landlord will continue to be responsible for exterior, structural and roof repairs. In addition, the landlord, at landlord s cost, will provide cleaning services and be responsible for HVAC maintenance. May, 2017
B-3 CITY UNIVERSITY OF NEW YORK EXECUTION OF LEASE AMENDMENT FOR 5030 BROADWAY, NEW YORK, NEW YORK, ON BEHALF OF BOROUGH OF MANHATTAN COMMUNITY COLLEGE AND HOSTOS COMMUNITY COLLEGE RESOLVED: That the Board of Trustees of The City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a lease amendment, along with any associated agreements, to effect the leasing of an additional 15,000 rentable square feet of space, at 5030 Broadway, New York, New York, on behalf of Borough of Manhattan Community College and Hostos Community College. The lease amendment shall be subject to approval as to form by the University Office of General Counsel. EXPLANATION: Borough of Manhattan Community College and Hostos Community College have occupied 15,000 rentable square feet of classroom and office space on the ground floor at 5030 Broadway in the Inwood/Washington Heights section of Manhattan since June 2012 pursuant to a lease that will expire on May 31, 2027. Both Borough of Manhattan Community College and Hostos Community College operate educational programs at this location also known as CUNY in the Heights. Under the existing lease the current base rent is $35.72/SF and escalates at 2% per annum. Pursuant to the lease amendment, an additional 15,000/SF of adjacent ground floor and second floor space will be added to the lease for a combined total of 30,000/SF. The additional space provided under this lease amendment will provide the CUNY in the Heights center with needed additional classrooms and support spaces as well as provide office space for the CUNY Xpress center. The term for the additional space will be co-terminous with the current lease and will start upon substantial completion by landlord of the interior renovations specified by the University. The University will reimburse the landlord for the cost of the renovations. The annual base rent for the additional space will start at $668,550.00 ($44.57/SF) in the first year and escalate 2% every year thereafter. The Landlord will be responsible for exterior, structural and roof repairs. The University will be responsible for the cleaning and increases in real estate taxes over a base year. The University has requested the funding necessary for the lease amendment from the City of New York. Execution of the amendment and expansion to the additional space is dependent upon this new funding. May 2017
B-4 CITY UNIVERSITY OF NEW YORK EXECUTION OF LEASE FOR OFFICE SPACE AT 558 GRAND CONCOURSE, BRONX, NEW YORK, ON BEHALF OF HOSTOS COMMUNITY COLLEGE RESOLVED: That the Board of Trustees of The City University of New York authorizes the General Counsel and Vice Chancellor of Legal Affairs to execute a fifteen-year lease, along with any associated agreements, for approximately 25,000 rentable square feet of office space, at 558 Grand Concourse, Bronx, New York, for use by Hostos Community College. The lease shall be subject to approval as to form by the University Office of General Counsel. EXPLANATION: 558 Grand Concourse in The Bronx is a former post office facility now owned by a private developer. The developer is converting the site into a commercial and retailing center. The proposed lease for 25,000/SF of space will allow the college to free up space elsewhere on campus for the purpose of housing classrooms and related functions of its new Accelerated Study in Associate Programs (ASAP) initiative. The proposed new lease will be for a fifteen-year term and will start upon substantial completion by landlord of the interior renovations specified by the University. The University will reimburse the landlord for the cost of the renovations. The base annual rent will start at $1,125,000 ($45.00/SF) and will incrementally increase every year pursuant to a fixed rent schedule attached to the lease. The base annual rent in the fifteenth and final year of the lease will be $1,406,750.00 ($56.27/SF). The Landlord will be responsible for exterior, structural and HVAC repairs. The University will be responsible for cleaning and increases in real estate taxes over a base year. May 2017
B-5 CITY UNIVERSITY OF NEW YORK EXECUTION OF LEASE RENEWAL FOR SPACE AT 111 LIVINGSTON STREET, BROOKLYN, NEW YORK, ON BEHALF OF BROOKLYN EDUCATIONAL OPPORTUNITY CENTER OF NEW YORK CITY COLLEGE OF TECHNOLOGY RESOLVED: That the Board of Trustees of The City University of New York authorizes the Vice Chancellor of Legal Affairs to execute a lease renewal agreement for ten years, along with any associated agreements, for approximately 45,000 rentable square feet of space, at 111 Livingston Street, Brooklyn, New York on behalf of the Brooklyn Educational Opportunity Center administered by New York City College of Technology. The lease renewal agreement shall be subject to approval as to form by the University Office of General Counsel. EXPLANATION: The Brooklyn Educational Opportunity Center (the EOC ) has occupied 45,000 rentable square feet of classroom and office space on the 2 nd, 3 rd and portion of 4 th floors at 111 Livingston Street in Downtown Brooklyn since September 1997 pursuant to a lease that will expire on August 31, 2017. Under the existing lease the current base rent is $40.63/SF and escalates at 2.5% per annum. The term of the new lease renewal will begin on September 1, 2017 and expire on August 31, 2027. The annual base rent will be $2,092,500 ($46.50/SF) in the first year and escalate 2% every year thereafter. Under the renewal agreement, the landlord will continue to be responsible for exterior, structural and roof repairs. The EOC will continue to be responsible for interior maintenance, electric costs and cleaning. All tenant costs under this lease renewal will be funded by the State University of New York. May 2017