Board of Trustees of The City University of New York Board

Board of Trustees of The City University of New York Board Committee on Facilities Planning and Management

January 13, 2020

I. ACTION ITEMS:

A. Approval of the Minutes of the Meeting of November 25, 2019

B. Policy Calendar

1. Baruch College – Upgrade of Fire Alarm System for the Vertical Campus Building

2. Baruch College – Replace The Chillers and Perform Related Work

3. CUNY Graduate School and University Center – Common Element Capital Projects

4. Hunter College - New Lease with Starbucks

II. INFORMATION ITEMS

Report of the Senior Vice Chancellor

BOARD OF TRUSTEES THE CITY UNIVERSITY OF NEW YORK

COMMITTEE ON MINUTES OF THE MEETING FACILITIES PLANNING AND MANAGEMENT NOVEMBER 25, 2019

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The meeting was called to order by Committee Chair Brian Obergfell at 5:45 p.m. The following people were present: Committee Members: Hon. Brian D. Obergfell, Chair Hon. Sandra Wilkin, Vice Chair Hon. Michael Arvanites Hon. Fernando Ferrer Hon. Charles A. Shorter Faculty Member: Prof. Kathleen Barker, faculty representative COP Liaison: President Russell K. Hotzler Trustee Observer: Hon. Martin Burke Trustee Staff: Senior Advisor to the Chancellor and Secretary

Gayle M. Horwitz Deputy Secretary Anne Fenton Assistant Secretary Towanda Lewis

University Staff: Chancellor Félix Matos Rodriguez Executive Vice Chancellor and Chief Operating

Officer Hector Batista Senior Vice Chancellor and Special Counsel

Glenda G. Grace Chief of Staff Gustavo Ordóñez General Counsel for CUCF and Executive

University Counsel Lisa Bova-Hiatt

The agenda items were considered and acted upon in the following order: I. ACTION ITEMS:

A. APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 3, 2019. Moved by Committee

Chair Obergfell and seconded by Prof. Kathleen Barker, the minutes were approved as submitted. Trustee Fernando Ferrer abstained.

Committee Chair Obergfell moved to go into Executive Session at 5:46 p.m. The motion was seconded by Trustee Michael Arvanites. CONVENING OF EXECUTIVE SESSION: Committee Chair Obergfell called for an Executive Session pursuant to Section 105, Article 7, of the Public Officers Law, for the purpose of discussing real estate items currently under negotiation and potential ligation. The Committee met in Executive Session from 5:47 p.m. to 5:53 p.m. The Committee reconvened in Public Session at 5:54 p.m.

B. POLICY CALENDAR

1. Borough of Manhattan Community College - Cooling Towers Replacement and Related

Work. Committee Chair Obergfell requested the Committee’s approval to authorize the City University Construction Fund to provide funding for the Cooling Towers Project at Borough of Manhattan Community College, for an amount not to exceed $24,000,000. Executive Vice Chancellor (EVC) and Chief Operating Officer (COO) Hector Batista provided further background about the proposed cooling towers project.



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A discussion about the proposal followed, including the college’s prior solar panel installation project, Minority and Women-owned Business Enterprise (MWBE) goals conformance, and noise interference relating to classroom and lab instruction. Moved by Committee Chair Obergfell and seconded by Trustee Arvanites, and following discussion, the item was unanimously approved for submission to the Board.

2. CUNY School of Law - Design and Construction of a Trial Practice Courtroom. Committee Chair Obergfell requested the Committee’s approval to authorize the City University Construction Fund to provide funding for the Trial Practice Courtroom Project at CUNY School of Law, for an amount not to exceed $1,100,000. EVC&COO Batista provided further background on the project. A discussion about the design and construction project followed, including ADA codes and compliance relating to hearing impairment. Moved by Committee Chair Obergfell and seconded by Trustee Charles Shorter, and following discussion, the item was unanimously approved for submission to the Board.

3. New York City College of Technology - Amendment to the Architectural Services

Contract for the New Academic Building. Committee Chair Obergfell requested the Committee’s approval to authorize the City University Construction Fund to execute an amendment to an existing consulting contract to reflect the Fund’s purchase of additional design and construction related services, to complete the construction closeout for the New Academic Building at New York City College of Technology, for an increase of $975,000, for a total not to exceed amount of $20,975,000. EVC&COO Batista provided further background on the amended architectural contract. A discussion about the amended contract followed, including HVAC design regarding airflow, façade work, retainage, contractual relationship between Sciame, Perkins Eastman, and White Stone, and architectural services. Moved by Committee Chair Obergfell and seconded by Trustee Arvanites, and following discussion, the item was unanimously approved for submission to the Board.

II. INFORMATION ITEM:

A. Report of the Executive Vice Chancellor and Chief Operating Officer EVC&COO Batista noted that the Field Building at 17 Lexington Avenue is a multi-year, multi-phase renovation at Baruch College. He further stated that this project highlights the challenges faced by the University in implementing capital renovations on fully occupied facilities. Assistant Director Barbara Spandorf presented an overview of current Facilities Planning, Construction and Management (FPCM) capital projects at Baruch College, The Field Building at 17 Lexington Avenue—design history and infrastructure. EVC&COO Batista pointing out that the elevator renovations will address the issue of students being able to get to their classes on time.



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Trustee Arvanites inquired about the expected completion date of Phase 1A renovations. Assistant Director Spandorf stated that the project scope is expected to be completed this spring.

Committee Chair Obergfell moved to adjourn the meeting. The motion was seconded by Trustee Arvanites and the meeting was adjourned at 6:26 p.m.

Board of Trustees of The City University of New York

RESOLUTION TO UPGRADE THE FIRE ALARM SYSTEM AT

BARUCH COLLEGE - VERTICAL CAMPUS BUILDING January 13, 2020

WHEREAS, The City University Construction Fund (“CUCF”) is authorized to provide

facilities that support the educational purposes of The City University of New York (the

“University”); and

WHEREAS, The University has embarked on a University-wide program to upgrade and

modernize the fire alarm systems at its facilities; and

WHEREAS, The existing fire alarm system at the Vertical Campus Building at Baruch

College is approximately 20 years old and requires upgrading to meet the New York City

Fire Department’s new code requirements; and

WHEREAS, Once the design is completed, the University will upgrade the fire alarm system

in the Vertical Campus Building at Baruch College (the “Baruch Fire Alarm Project”); and

WHEREAS, Funding has been appropriated to CUCF for the Baruch Fire Alarm Project,

with one hundred percent (100%) of the funding being provided by the State, for an amount

not to exceed $5,000,000.

NOW, THEREFORE, BE IT: RESOLVED, That the University’s Board of Trustees request CUCF to provide funding for the Baruch Fire Alarm Project in an amount not to exceed $5,000,000. EXPLANATION: The existing fire alarm system at the Vertical Campus Building at Baruch College is

approximately 20 years old, and an upgrade is required to meet the New York City Fire

Department’s new code requirements. Siemens Technology is currently performing the

design work, and once completed, will perform the installation work for this project. The

design will be completed by May 2020, and is based upon a technology upgrade of the

existing fire alarm system. The design must be reviewed and approved by the New York

City Fire Department before the upgrade can take place. The scope of the project includes

the installation of a new fire alarm system, which will include a new central monitoring

station.

ATTACHMENT FOR THE COMMITTEE ON FACILITIES PLANNING AND MANAGEMENT

UPGRADE OF THE FIRE ALARM SYSTEM AT

BARUCH COLLEGE - VERTICAL CAMPUS BUIDING

Exhibit A – Project Summary

Exhibit B – Site Plan

Baruch College - Vertical Campus Building Upgrading of the Fire Alarm System

EXHIBIT A

PROJECT SUMMARY

1. Nature of

Action Request to upgrade the existing fire alarm system in the Vertical Campus Building at Baruch College.

2. Project

History The existing fire alarm system is approximately 20 years old

and an upgrade is required to meet the New York City Fire

Department’s new code requirements.

3. Project Scope The scope includes an upgrade to the existing fire alarm system, which will include a new central monitoring station.

4. Net-to-Gross

Efficiency Not Applicable

5. Schedule Design

Complete May 2020

Construction Start

July 2020

Construction End

October 2021

6. Project

Funding Source: 100% State Funds

Amounts: Equipment Replacement:

$ 5,000,000.00

7. Cost Estimate

N/A

8. Cost Per

Square Foot N/A

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Exhibit B: Newman Vertical Campus Fire Alarm Upgrade

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RESOLUTION TO REPLACE THE CHILLERS AND PERFORM RELATED WORK AT

BARUCH COLLEGE January 13, 2020




WHEREAS, The Chiller Plant, located in Baruch College’s Information Technology

Building, serves both the Information Technology and Vertical Campus Buildings; and

WHEREAS, The Chillers are at the end of their useful life, are in poor condition and need

replacement (the “Baruch Chiller Replacement Project”); and

WHEREAS, Funding has been appropriated to CUCF for the Baruch Chiller Replacement

Project, including design and construction, with one hundred percent (100%) of the

funding being provided by the State, for an amount not to exceed $5,000,000.

NOW, THEREFORE, BE IT: RESOLVED, That the University’s Board of Trustees request CUCF to provide funding for the Baruch Chiller Replacement Project in an amount not to exceed $5,000,000.

EXPLANATION: Baruch College’s Central Chiller Plant, which is located in its Information Technology Building (ITB) has three (3) 750 ton centrifugal electric chillers. The chillers are serving 2 main buildings--the Information Technology and Vertical Campus Buildings. The life expectancy of a chiller is normally 25 to 30 years. Chillers 1 and 2 are 27 years old, and chiller 3 is 20 years old. Chillers 1 and 2 have extensive corrosion and cannot be repaired as the needed parts are unavailable. Chiller 3 was not well maintained, and as a result, does not function properly and has been taken offline. The chiller requires a new vane assembly with an estimated cost of $350,000 as well as replacement of the seriously

damaged chiller tubes. Given the extensive damage, it has been determined that replacement is the best option.

The existing chillers will be replaced with new high efficient chillers that are

environmentally compliant with Global Warming Potential and Ozone Depletion

requirements. The scope of work will include the design of an environmentally safe, easily

maintained and code-compliant chiller system as well as the installation of new high

efficient centrifugal electric chillers, new controls, piping, valves, and free cooling heat

exchangers. Upon completion of the design phase, construction is expected to begin

January 2021 and end December 2021.


BARUCH CHILLER REPLACEMENT PROJECT Exhibit A - Project Summary Exhibit B - Site Plan

Baruch College Chiller Plant Replacement of Chillers and Related Work

EXHIBIT A

PROJECT SUMMARY

1. Nature of Action

The replacement of three (3) 750 ton centrifugal electric chillers and related work.

2. Related Trustee

Actions none

3. Project History Baruch College’s Central Chiller Plant, which is located in its Information

Technology Building (ITB) has three (3) 750 ton centrifugal electric

chillers. The chillers are serving 2 main buildings--the Information

Technology and Vertical Campus Buildings. The life expectancy of a

chiller is normally 25 to 30 years. Chillers 1 and 2 are 27 years old, and

chiller 3 is 20 years old. Chillers 1 and 2 have extensive corrosion and

cannot be repaired as the needed parts are unavailable. Chiller 3 was

not well maintained, and as a result, does not function properly and has

been taken offline. The chiller requires a new vane assembly with an

estimated cost of $350,000 as well as replacement of the seriously

damaged chiller tubes. Given the extensive damage, it has been

determined that replacement is the best option.

4. Project Scope The existing chillers will be replaced with new high efficient chillers that

are environmentally compliant with Global Warming Potential and

Ozone Depletion requirements. The scope of work will include the

design of an environmentally safe, easily maintained and code-

compliant chiller system as well as the installation of new high efficient

centrifugal electric chillers, new controls, piping, valves, and free cooling

heat exchangers.

5. Net-to-Gross

Efficiency Not Applicable

6. Schedule Design Complete November 2020 Construction Start January 2021 Construction End December 2021

7. Project


Amount: $5,000,000.00 8. Cost Estimate

N/A

9. Cost Per Square Foot

N/A

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Exhibit B: Baruch Chiller Replacement Project

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RESOLUTION TO APPROVE THE GRADUATE SCHOOL AND UNIVERSITY CENTER

COMMON ELEMENT CAPITAL PROJECTS January 13, 2020




WHEREAS, The Dormitory Authority of the State of New York (“DASNY”), on behalf of

the University, owns a condominium unit known as the “Showroom Unit” in the “The New

York Resource Center Condominium” (the “Condominium”) located at 365 Fifth Avenue,

New York, New York (the “Property”) which is occupied by the CUNY Graduate School

and University Center; and

WHEREAS, The Showroom Unit is comprised of 544,535 gross square feet and

represents a 60.80% Condominium interest in the Property; and

WHEREAS, The Condominium was established pursuant to a certain Declaration of

Condominium dated on or about August 18, 1992 (as amended, the “Declaration”) setting

forth the rights and responsibilities of the condominium owners with respect to the

Property; and

WHEREAS, Pursuant to Section 8 of the Declaration, “Common Elements” consist of the

entire Property including the Land and all parts of the Building and improvements thereon,

other than the condominium units, which exist for the common use of all the condominium

units; and

WHEREAS, Pursuant to Section 4 of the Second Amendment to the Declaration, dated

January 3, 1993, the Board of Managers may employ a managing agent and/or manager;

and

WHEREAS, The Board of Managers, on or about March 4, 2002, entered into a contract

with George Comfort and Sons to provide property management services to the Property;

and

WHEREAS, Pursuant to Article VI, Section 1(e) of the Second Amendment to the

Declaration, the Board of Managers may impose additional charges (the “Special

Assessments”) for the payment of non-recurring, extraordinary and unanticipated

expenses incurred by the Condominium for repairs and improvements to the Common

Elements; and

WHEREAS, Based on the recommendation of George Comfort and Sons, the Board of

Managers approved and directed George Comfort and Sons to engage contractors to

execute Local Law 11, Cycle 8 in 2018 and the first two phases of a Sidewalk

Reconstruction Project for all of the sidewalks on Madison Avenue from East 34th to East

35th Streets and a portion of sidewalks on East 35th Street between Madison and Fifth

Avenues in 2016 (the “Common Element Capital Projects”); and

WHEREAS, The Common Element Capital Projects constitute Special Assessments

under the Declaration; and

WHEREAS, In accordance with the percentage of ownership of the Property, the

University is responsible to fund 60.80% of the Common Element Capital Projects; and

WHEREAS, The University desires that George Comfort and Sons effectuate the

Common Element Capital Projects and fund same by Special Assessment under the

Declaration; and

WHEREAS, Funding has been appropriated to CUCF for the Common Element Capital

Projects, with one hundred percent (100%) of the funding being provided by the State, for

an amount not to exceed $1,750,000.

NOW, THEREFORE, BE IT:

RESOLVED, That the University’s Board of Trustees request CUCF to provide funding

for the Common Element Capital Projects in an amount not to exceed $1,750,000.

EXPLANATION:

For all buildings over six stories, New York City Department of Building (“DOB”) code

requires façade inspections, and necessary improvements, by a New York State licensed

architect or engineer every 5 years, pursuant to Local Law 11. After the inspection, the

architect or engineer must then file a Local Law 11 technical report of critical examination

with DOB documenting the condition of the building’s façade. The report to DOB outlines

minor repairs required to maintain a compliant building façade. 365 Fifth Avenue, the

home of the Graduate Center condominium, was originally constructed in 1906 as the

flagship location for B. Altman & Co. and in 1985 the building was designated a New York

City Landmark. Pursuant to the designation, any remediation impacting the façade

aesthetic also requires review and approval from the New York City Landmarks

Preservation Commission (LPC). The Local Law 11 work to be done has been reviewed

and approved by the LPC.

With respect to the sidewalk repair, due to the deterioration of the waterproof membrane

underneath the sidewalk paving, multiple leaks are impacting the interior of the building.

To correct this problem, the sidewalk paving must be replaced and waterproofed and

interior repairs to remediate the existing leaks must be done. Because the building

occupies an entire block, the work needs to be performed in phases. Phases 1 & 2 of the

sidewalk reconstruction project will consist of the replacement of the sidewalks on

Madison Avenue between 35th and 34th Streets and a portion of 35th Street between 5th

and Madison Avenues.


THE GRADUATE SCHOOL AND UNIVERSITY CENTER

COMMON ELEMENT CAPITAL PROJECTS

Exhibit A – Project Summary

Exhibit B – Site Plan

EXHIBIT A

PROJECT SUMMARY

THE GRADUATE SCHOOL AND UNIVERSITY CENTER

COMMON ELEMENT CAPITAL PROJECTS

1. Nature of

Action Request to fund the Showroom Unit’s portion of the sidewalk repairs and Local Law 11 Cycle 8 work, which are common element capital projects for the Condominium.

2. Project History Local Law 11 Cycle 8 work, pursuant to New York City Department of

Buildings Code is being undertaken by the condominium’s building

management company. With regard to the sidewalk repairs,

deterioration of the waterproofing membrane is causing leaks

throughout to the building.

3. Project Scope The scope for the Local Law 11 work includes all engineering reports and DOB filings, façade remediation work as outlined by the engineering report and coordination with the Landmark’s Preservation Commission and all associated expediting. The scope of the sidewalk work includes new waterproofing membrane, new sidewalks and new curbs.

4. Net-to-Gross

Efficiency N/A

5a. Local Law 11

Schedule Design Complete February 2019

Construction Start July 2018

Construction End February 2020

5b. Sidewalk Schedule

Design Complete February 2016

Construction Start April 2020 Construction End June 2020

6. Project


7. Cost Estimate

$1,750,000

8. Cost Per Square Foot

N/A

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RESOLUTION TO EXECUTE A LEASE AGREEMENT BETWEEN CITY UNIVERSITY OF NEW YORK, AS LANDLORD, AND STARBUCKS CORPORATION, AS TENANT,

COVERING CERTAIN GROUND FLOOR SPACE AT 904 LEXINGTON AVENUE, NEW YORK, NEW YORK

AT HUNTER COLLEGE January 13, 2020

WHEREAS, The Dormitory Authority of the State of New York is the fee owner for the

benefit of the City University of New York (the “University”) on behalf of Hunter College

(“Hunter”), of the building known as 904 Lexington Avenue, New York, New York (the

“Building”); and

WHEREAS, on May 1, 2017, the University issued a request for proposals for brokerage

services to locate a tenant to occupy approximately 1,959 square feet on the ground floor

and 1,000 square feet of contiguous lower level space (collectively, the “Leased

Premises”) in the Building; and

WHEREAS, on November 14, 2017, the University selected Colliers International NY LLC

(“Colliers”) as the exclusive broker for the Leased Premises; and

WHEREAS, the University entered into a Contract for Real Estate Representative

Services, dated July 30, 2018 (the “Brokerage Agreement”), with Colliers for the Leased

Premises; and

WHEREAS, Colliers identified Starbucks Corporation (“Starbucks”) as a potential tenant

for the Leased Premises to be operated as a “Starbucks Establishment”; and

WHEREAS, The initial term of the proposed lease with Starbucks is 10 years, 8 months,

including two, 5-year options to renew (the “Proposed Lease); and

WHEREAS, The lease Commencement Date under the Proposed Lease occurs upon

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delivery of possession of the Leased Premises to Starbucks with a demising wall

constructed by Hunter on the lower level and a temporary ADA compliant entrance ramp

installed by Hunter; and

WHEREAS, Under the Proposed Lease, Starbucks is obligated to construct the Leased

Premises pursuant to plans and specifications approved by the University and in

accordance with Prevailing Wage and MWBE program requirements; and

WHEREAS, Starbucks is being provided with an 8 month rent abatement, starting from

the lease Commencement Date, to complete their construction; and

WHEREAS, the Rent Commencement Date will occur eight months following the lease

Commencement Date; and

WHEREAS, The annual rent under the Proposed Lease for the initial term will be

$411,390 ($210/SF) for years 1-5 and $452,529 ($231/SF) for years 6-10, and the annual

rent under the Proposed Lease for the renewal terms will be $497,781.90 ($254.10/SF)

for the first renewal term, and 95% of fair market value as of the expiration date of the

previous extension term for the second renewal term; and

WHEREAS, Hunter is contributing up to $411,390 as a tenant improvement allowance

toward the hard costs and certain soft costs incurred by Starbucks to construct the Leased

Premises, and in lieu of a cash reimbursement, Hunter is providing such allowance to

Starbucks in the form of a rent abatement which will be amortized on a straight line basis

over the first 30 months of the term of the Proposed Lease following the Rent

Commencement Date; and

WHEREAS, Starbucks has a right to cancel the Proposed Lease effective on the day

before the 60th month following the Rent Commencement Date, provided that Starbucks gives

Hunter 270 days prior notice electing to cancel and pays Hunter’s unamortized

transaction costs, plus a surrender payment of $180,000; and

WHEREAS, Under the Brokerage Agreement, Hunter will pay Colliers a commission in

the amount of $212,637.20, which shall be payable in two equal installments, with the

first installment due 70 days after the lease Commencement Date and the second

installment due six months thereafter.

NOW, THEREFORE, BE IT:

RESOLVED, That the University’s Board of Trustees authorize the General Counsel to execute the Proposed Lease, and such other ancillary documents, on behalf of Hunter.

EXPLANATION:

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This lease with Starbucks provides an amenity to the students and staff of Hunter while generating income to Hunter. The Starbucks Establishment will be ADA accessible and accessible from within the Hunter building as well as from the street. The Proposed Lease will be subject to the approval as to form by the University Office of the General Counsel.

Documents

Board of Trustees of The City University of New York Board