Review Agenda Item
Meeting Date: 8/21/2019 - 6:30 PM
Category: SCHOOL FACILITIES MANAGEMENT
Type: Action
Subject: 15.21 RESCISSION of AWARD of CAPITAL FUND CONSTRUCTION CONTRACT 1 of 4 GENERAL CONSTRUCTION Work, CIP10816 “Boiler System Replacement and Asbestos Abatement” at School 9 with Grace Contracting & Development, Inc. for the amount of $1,447,830.00.
District Goals:
Enclosure
File Attachment:
BOCS Grace .xlsx
GRACE RESCIND DRAFT PACKAGE .pdf
GRACE WITHDRAW 4-9-19.pdf
NTP - letter PS#9 GC 04-05-19.pdf
RES 21.3 3-20-19.pdf
Rationale: After a contract the subject contract was recommended for award to Grace Contracting & Development, Inc. (Grace) via Board Resolution Agenda Item 21.3 at the March 20, 2019 meeting and after a Notice to Proceed was issued to Grace on April 5, 2019, Grace requested that due to a miscalculation they be released from the bid on April 8, 2019. In a subsequent meeting with Grace they confirmed their intention to decline the work.

This resolution is to rescind resolution Item 21.3 dated March 20, 2019 in order to unencumber $1,447,830.00 in capital funds for immediate use elsewhere.

A rescission agreement with Grace and the Board (up to bid bond) will be negotiated in working with City of Yonkers Corporation Counsel and Finance Department (Purchasing). The result of which will be presented in a future resolution.
Funding: B5509CP110816.B19C02.B2200A1620 $1,447,830.00 Credit LCBF
Resolution: Ladies and Gentlemen:

WHEREAS: via Board Resolution Agenda Item 21.3 at the March 20, 2019, the trustees of the Board of Education approved the recommendation of the award of Contract 1 of 4 for Bid No. 6354 GENERAL CONSTRUCTION Work, CIP10816 “Boiler System Replacement and Asbestos Abatement” at School 9 to Grace Contracting & Development, Inc. for the amount of $1,447,830.00 for a term of 365 calendar days, and

WHEREAS: a Notice to Proceed was issued by the Yonkers Public Schools to Grace Contracting & Development, Inc. on April 5, 2019, and

WHEREAS: Grace Contracting & Development, Inc. issued a request to withdraw from the bid citing miscalculations that would make it impossible for them to fulfill the contract, and

WHEREAS: discussions with Grace Contracting & Development, Inc. regarding settlement of the costs to the City of Yonkers and the Yonkers Public Schools for withdrawing their bid after award are continuing, and

WHEREAS: it is desirable to rescind this award only to the effect of unencumbering the contact award amount of $1,447,830.00 for immediate use in other capital projects

NOW THEREFORE BE IT RESOLVED: that the Yonkers Public Schools rescind Board Resolution Agenda Item 21.3 dated March 20, 2019, awarding Construction Contract 1 of 4 for Bid No. 6354 GENERAL CONSTRUCTION Work, CIP10816 “Boiler System Replacement and Asbestos Abatement” at School 9 to Grace Contracting & Development, Inc. for the amount of $1,447,830.00
Approvals:
Recommended By:
Signed By:
John Carr - Executive Director
Signed By:
Finance Department - Finance Reviewer
Signed By:
Tom Collich - Purchasing Director
Signed By:
Elizabeth Janocha - Deputy Commissioner
Signed By:
John Liszewski - Commissioner
Signed By:
Matthew Gallagher - Corporation Counsel
Signed By:
Dr._Andrea_S. Coddett - Deputy Superintendent
Signed By:
Dr. Edwin M. Quezada - Superintendent of Schools
Vote Results:

Original Motion
Member Kevin Cacace Moved, Member Abdool H. Jamal seconded to approve the Original motion 'Ladies and Gentlemen:

WHEREAS: via Board Resolution Agenda Item 21.3 at the March 20, 2019, the trustees of the Board of Education approved the recommendation of the award of Contract 1 of 4 for Bid No. 6354 GENERAL CONSTRUCTION Work, CIP10816 “Boiler System Replacement and Asbestos Abatement” at School 9 to Grace Contracting & Development, Inc. for the amount of $1,447,830.00 for a term of 365 calendar days, and

WHEREAS: a Notice to Proceed was issued by the Yonkers Public Schools to Grace Contracting & Development, Inc. on April 5, 2019, and

WHEREAS: Grace Contracting & Development, Inc. issued a request to withdraw from the bid citing miscalculations that would make it impossible for them to fulfill the contract, and

WHEREAS: discussions with Grace Contracting & Development, Inc. regarding settlement of the costs to the City of Yonkers and the Yonkers Public Schools for withdrawing their bid after award are continuing, and

WHEREAS: it is desirable to rescind this award only to the effect of unencumbering the contact award amount of $1,447,830.00 for immediate use in other capital projects

NOW THEREFORE BE IT RESOLVED: that the Yonkers Public Schools rescind Board Resolution Agenda Item 21.3 dated March 20, 2019, awarding Construction Contract 1 of 4 for Bid No. 6354 GENERAL CONSTRUCTION Work, CIP10816 “Boiler System Replacement and Asbestos Abatement” at School 9 to Grace Contracting & Development, Inc. for the amount of $1,447,830.00'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Kevin Cacace     Yes
Rev. Steve Lopez     Yes
Dr._Ammir Rabadi     Yes
Dr. Rosalba Corrado Del Vecchio     Yes
Abdool H. Jamal     Yes