HMS Construction

Hinsdale Middle School Construction

On November 8, 2016, voters in District 181 approved the successful passage of the Hinsdale Middle School Referendum. Please click on the links at right and view the information below to access the latest reports and resources on this exciting project and learn more about the next steps being done in collaboration with architect Cordogan Clark & Associates, construction manager Bulley & Andrews, and the Village of Hinsdale. Also included is information on the related ongoing litigation matters (lawsuit).

Latest News (5/15/17)

We have posted a Court Order denying the Motion to Withdraw as Plaintiffs' Attorney.

Latest News (5/11/17)

Bid Group #2 is currently out for bid. Any inquiries regarding procurement of bidding documents should be made to Bill Truty at Bulley & Andrews. He can be reached at 773-645-2086 and btruty@bulley.com.

Additional litigation documents have been posted at right - a scan of the Court Order denying the Motion to Reconsider (5/2/17) and a Notice of Motion to Withdraw as Plaintiffs' Attorney (5/10/17).

Latest News (5/2/17)

On May 2, the Board of Education's legal counsel and the plaintiff’s legal counsel were heard by Judge Bonnie M. Wheaton of the DuPage County Circuit Court on the plaintiff’s Motion to Reconsider the Court’s Final Judgment Order entered March 27, 2017. Judge Wheaton ruled in our favor and denied the Motion. If the plaintiffs wish to pursue this case further, they have up to 30 days to file a Notice of Appeal with the Appellate Court. (That timeframe cannot be expedited.) A transcript of the proceedings has been requested; that file and the official Court document with the May 2 verdict will be posted at right when available.

Latest News (4/26/17)

The plaintiffs filed a Motion to Reconsider the Court’s March 27 ruling. This creates a new 30-day window to file a Notice of Appeal. In general, that window begins once the Court rules on the Motion to Reconsider. No date for those proceedings have been set at this time because the plaintiffs have not yet scheduled their motion for presentment to the Court.

Latest News (4/17/17)

During the April 17, 2017 Board of Education Business meeting, Owner's Representative Kerry Leonard provided a report on the latest news with the HMS construction effort, noting that the project is on budget but behind schedule due to ongoing litigation and the resulting delay in selling bonds. He provided a detailed explanation of how the budget is being tracked and noted that members of the administration, architecture firm, and construction management firm are continuing to partner with leaders from the Village of Hinsdale. He highlighted a new alternate bid related to the classroom HVAC system and a change in the date for the opening of Bid Package #2. Mr. Leonard and the Board also discussed Guaranteed Maximum Price (GMP). Later in the meeting, the Board approved an amendment to the April 10, 2017 Motion to Award Structural Steel Bid Package 1D.

Latest News (4/10/17)

Bid Package #1 for the HMS Project includes 12 Bid Packages and represents over 25% of the original budget. Bid were received for Bid Group 1 on March 13, 2017; additional bids were received on March 21 and March 27, 2017. During the April 10, 2017 Special Board of Education meeting, the Board took action to award three of the Bid Group #1 contracts (structural steel, precast concrete, elevator) so that engineering work and shop drawings can move forward prior to a "Notice to Proceed" being issued, allowing for construction work to begin once a start date is known. (The "Notice to Proceed" cannot be given until bonds are sold; bonds cannot be sold until current litigation matters are resolved.) The Board also approved three alternates (earth retention and deeper foundation for parking deck, integral cast stone shape in precast panels, and basement corridor / maintenance area to lower level parking area). The Board postponed a decision on the alternate bid for an elevated running track with additional storage. Related files are posted on BoardDocs, and select related files are posted at right. Click here to view the Owner's Representative Board Report for the April 10 meeting.

Latest News (3/27/17)

On March 27, the Board of Education's legal counsel and the plaintiffs’ legal counsel presented oral arguments to Judge Bonnie M. Wheaton of the DuPage County Circuit Court on the District's Motion to Dismiss the complaint. Judge Wheaton ruled in the District's favor and granted the Motion to Dismiss. The ruling, which dismissed the entire case, was "with prejudice," meaning that her ruling is final and the plaintiffs cannot amend their complaint. However, the plaintiffs do have up to 30 days to file a notice of appeal. That timeframe cannot be expedited. Superintendent Dr. Don White notes, "We will work with legal counsel to expedite any court proceedings that may follow during the appeal process as necessary." If the plaintiffs do not file a notice of appeal within the set 30-day time frame, then they are precluded from appealing later and all stages of the case are then over. Please click here to view the Judge's Order following the Hearing.

Latest News (3/21/17)

Please click here to read the Defendant's Reply Brief in Support of Its Motion to Dismiss filed on March 21, 2017. Also, please note that during the Special Board of Education meeting on March 20, 2017, the Board approved the engagement of the pro bono legal services of Thomas Panhoff of Mayer Brown LLP, specifically for litigation related to the HMS Referendum (Vote 5-0; Absent: Turek, Giltner). Mr. Panhoff offered to work with the Board of Education's legal counsel from Hauser Izzo, LLC in support of District efforts to achieve a successful outcome on the lawsuit. The Board thanked Mr. Panhoff, his firm, and the D181 parents who recommended his services.

Latest News (3/15/17)

Please click here to read the Plaintiffs' Response to the Defendant's Motion to Dismiss.

Latest News (2/22/17)

Please click here to read the Superintendent's community update sent February 22, 2017, reporting on that day's court visit and sharing news that the lawsuit case hearing has been moved from March 20 to March 27, 2017.

Latest News (2/17/17)

Please click here to read the Superintendent's community update sent February 17, 2017, sharing news that Governor Rauner signed Senate Bill 3319 and providing notice of the February 22, 2017 hearing.

Latest News (2/15/17)

Posted at right are a number of newly provided documents and resources regarding the HMS project, including a snapshot of related legal costs, a project timeline with key dates, an update on the project budget, and a cash-flow analysis, along with clarifying information on the loan-transfer resolutions approved by the Board in January 2017. Also posted is information on Mr. Kerry Leonard, the HMS Project Owner's Representative.

Latest News (2/13/17)

Please click here to read the Superintendent's community update sent February 12, 2017, commenting on the Board and administration's efforts to respond to legislative and litigation issues related to the project. Click the green link at right to access FAQs on the project, which were recently updated with new items.

Latest News (2/8/17)

Please click here to read the Superintendent's community update sent February 8, 2017, reporting on the morning's court appearance and news on the parking deck partnership with the Village of Hinsdale.

Latest News (2/6/17)

Please click here to read the Superintendent's community update sent February 6, 2017. As noted in Dr. White's message, we are proceeding with the next steps to address the election lawsuit, and we are still awaiting the Governor's signature on the Amendment to Senate Bill 3319. We are continuing the design development process so that should these legal matters be resolved, we could be on schedule to open the new building for students in the 2018-19 school year, but Dr. White does express concerns about the potential for delays and added costs. This community update also includes news on approvals/presentations to the Village of Hinsdale Zoning Board of Appeals and Planning Commission.

Latest News (1/27/17)

Please click here to access a Frequently Asked Questions (FAQ) document regarding ongoing litigation and pending legislative issues related to the Hinsdale Middle School referendum and construction process, sent to families, staff, and Key Communicators on January 27, 2017. Please click here to access the information referenced in the FAQ regarding the Amendment to Senate Bill 3319 and the vote totals in the House and Senate.



Key Resources

Files Related to Legislation / Litigation

Construction / Timeline

Design Images / Floor Plans

Project Budget

Pre-Referendum / Election

Updates/Reports from the District (Aside from Legislation / Litigation Updates Posted Above)

Owner's Representative

In December 2016, we welcomed applicants for the position of Owner's Representative, an individual who will serve as the District's project manager for the new construction of HMS. The Board of Education approved an agreement with Mr. Kerry Leonard for that position at their Business meeting on February 13, 2017. Please click the links before for further information.

Superintendent's Advisory Community Task Force

The role of the Task Force is to oversee the expenditure of public funds for the HMS construction project, to be an advisory team for the District administration, to ensure that construction is responsive to the Board of Education’s desires and in line with what voters approved, and to support successful completion of the project. This group is intended to be collaborative, working together on behalf of taxpayers and in cooperation with District personnel and hired professionals. We are grateful to all community members who applied to support this work!

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