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Meeting Date:
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5/15/2019 - 7:00 PM
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Category:
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SCHOOL FACILITIES MANAGEMENT
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Type:
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Action
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Subject:
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20.16 Change Order No. 1 (CREDIT) for Capital Contract 608883, General Construction Work, CIP10467 “Upgrades to Emergency Utilities and Replacement of Exterior Doors & Windows” at Montessori School 31 to Dimitri Enterprises, Inc., in the amount of $332,973.10, decreasing the contract amount from $1,595,039.00 to $1,262.065.90.
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District Goals:
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Enclosure
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File Attachment:
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Rationale:
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A change order is a written agreement between the District and its contractor to change a building construction contract. They add to, delete from, or otherwise alter the work and/or progress schedule in the contract bid documents. CO’s are caused by any of three situations that can arise on a project: unforeseen conditions, design errors and omissions and owner directed extra work.
This resolution authorizes the subject change order for work that was never performed by the Dimitri. This amount is independent and unrelated to the settlement documented by Resolution Board Item No. 10.3 at the stated meeting on July 19, 2017 which approved the settlement in the amount of $80,000.00 plus Dimitri’s forfeiture of $63,103.30 in retainage.
This is a close out credit change order of $332,973.10 releasing unspent funds for use in other capital projects.
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Funding:
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B5531CP110467.101256.B2200 <$332,973.10> CREDIT LCBF
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Resolution:
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Ladies and Gentlemen:
WHEREAS by Resolution Board Item No. 17.6 at the stated meeting on March 19, 2014, Contract No. 608883 was approved for award to Dimitri Enterprises, Inc., 135 58th Street, 2nd Floor, Brooklyn, NY 11220 in the amount of $1,595,039.00, and
WHEREAS: by Resolution Board Item No. 10.2 at the stated meeting on December 12, 2016 litigation against Dimitri Enterprises Inc. and Seneca Insurance Company, Inc. for failure to perform the general construction work necessary to complete the project commonly known as the Montessori School 31-Upgrade Emergency Utilities and Replace Doors and Windows was instigated, and
WHEREAS: by Resolution Board Item No. 10.3 at the stated meeting on July 19, 2017 the Board approved to resolve the lawsuit without incurrence of additional expenses and legal fees and to obviate risk of an unfavorable decision and/or jury verdict and imposition of interest, costs, and disbursements for a settlement in the amount of $80,000.00 plus Dimitri’s forfeiture of $63,103.30 in retainage, and
WHEREAS: Independent of the settlement, the sum of $332,973.10 representing unspent funds for work that was not undertaken by Dimitri is available for use in other capital projects.
NOW THEREFORE BE IT RESOLVED: That the Superintendent of Schools is hereby authorized to issue Change Order 1 to Contract No. 608883, General Construction Contract, CIP10467, “Upgrades to Emergency Utilities and Replacement of Exterior Doors & Windows” at Montessori School 31 to Dimitri Enterprises, Inc. for a CREDIT in the amount of <-$332,973.10>, decreasing the overall cost of the contract from $1,595,039.00 to $1,262,065.90.
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Approvals:
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Recommended By:
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Signed By:
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John Carr - Executive Director
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Signed By:
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Tom Collich - Purchasing Director
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Signed By:
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Finance Department - Finance Reviewer
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Signed By:
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Elizabeth Janocha - Deputy Commissioner
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Signed By:
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John Liszewski - Commissioner
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Signed By:
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Matthew Gallagher - Corporation Counsel
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Signed By:
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Dr._Andrea_S. Coddett - Deputy Superintendent
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Signed By:
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Dr. Edwin M. Quezada - Superintendent of Schools
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Vote Results:
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| Original Motion | Member Kevin Cacace Moved, Member Pasquale Mondesando seconded to approve the Original motion 'Ladies and Gentlemen:
WHEREAS by Resolution Board Item No. 17.6 at the stated meeting on March 19, 2014, Contract No. 608883 was approved for award to Dimitri Enterprises, Inc., 135 58th Street, 2nd Floor, Brooklyn, NY 11220 in the amount of $1,595,039.00, and
WHEREAS: by Resolution Board Item No. 10.2 at the stated meeting on December 12, 2016 litigation against Dimitri Enterprises Inc. and Seneca Insurance Company, Inc. for failure to perform the general construction work necessary to complete the project commonly known as the Montessori School 31-Upgrade Emergency Utilities and Replace Doors and Windows was instigated, and
WHEREAS: by Resolution Board Item No. 10.3 at the stated meeting on July 19, 2017 the Board approved to resolve the lawsuit without incurrence of additional expenses and legal fees and to obviate risk of an unfavorable decision and/or jury verdict and imposition of interest, costs, and disbursements for a settlement in the amount of $80,000.00 plus Dimitri’s forfeiture of $63,103.30 in retainage, and
WHEREAS: Independent of the settlement, the sum of $332,973.10 representing unspent funds for work that was not undertaken by Dimitri is available for use in other capital projects.
NOW THEREFORE BE IT RESOLVED: That the Superintendent of Schools is hereby authorized to issue Change Order 1 to Contract No. 608883, General Construction Contract, CIP10467, “Upgrades to Emergency Utilities and Replacement of Exterior Doors & Windows” at Montessori School 31 to Dimitri Enterprises, Inc. for a CREDIT in the amount of <-$332,973.10>, decreasing the overall cost of the contract from $1,595,039.00 to $1,262,065.90.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 6 Nay: 0 Abstain: 1. | | The motion Carried 6 - 0 | | | | | Dr._Ammir Rabadi | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Kevin Cacace | Yes | | Andrea Brown | Yes | | Pasquale Mondesando | Yes | | Edgar Santana | Abstain | | Rev. Steve Lopez | Yes | |
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