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Meeting Date:
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4/19/2023 - 5:30 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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19.12 Insurance Settlement CIP 10878 Westchester Hills School 29 from Abbott & Price, Inc to Yonkers Public Schools $39,058.63
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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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This resolution is to settle with Abbott & Price, Inc. property damage insurance carrier American Southern Home Insurance Company, McKee Risk Management, Inc., & Gallagher Bassett Services for damage to the Westchester Hills School 29 Underground Fuel Oil Storage Tank (UST) on July 20, 2022, caused by the GC Site Contractor’s construction activities. The District incurred expenses in the amount of $39,058.63 for: Professional architectural, engineering and environmental consulting services performed by Fuller & D’Angelo Architects, P.C. and Eisenbach & Ruhnke Engineering, P.C.; environmental construction services for tank cleaning and inspections performed by Luzon Environmental and YPS custodial overtime fees.
Under the direction and satisfaction of School Facilities Management & Architect/Engineer, the GC Site Contractor replaced the damaged UST with a new above ground Fuel Oil Storage Tank at no cost to the District and on time for the 2022 winter heating season.
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Funding:
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Resolution:
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Ladies and Gentlemen:
WHEREAS, On July 2022, Westchester Hills School 29 incurred damage to its Underground Fuel Oil Storage Tank caused by the General Construction Site Contactor’s construction activities, and
WHEREAS, The District incurred expenses for Architectural/Engineering, environmental engineering, fuel oil tank cleaning & inspection services and custodial overtime services in an amount of $39,058.63, and
WHEREAS, Under the direction and satisfaction of School Facilities Management & Architect/Engineer, the GC Site Contractor replaced the damaged UST with a new above ground Fuel Oil Storage Tank at no cost to the District and on time for the 2022 winter heating season.
WHEREAS, RELEASEE issued to RELEASOR a commercial property insurance policy, bearing policy number KTK-CMB-3A47995-7-22 with an effective period of July 1, 2022 to July 1, 2023 (the “POLICY”);
WHEREAS, RELEASOR was a named insured pursuant to the terms of the POLICY;
WHEREAS, certain of RELEASOR’s property located at 47 Croydon Road in Yonkers NY (the “PROPERTY”) was damaged as a result of flood which occurred on July 20, 2022 (the “LOSS”);
WHEREAS, a Release and Settlement Agreement has been negotiated and entered into subject to the approval by the Yonkers Board of Education; and
WHEREAS, the Board of Education has had an opportunity to review the terms of the Release and Settlement Agreement and finds the terms are fair, reasonable, and appropriate under the circumstances; and
NOW THEREFORE BE IT RESOLVED, that the Board of Education hereby approves the settlement of this matter in the amount of $39,058.63 and approves the Release and Settlement Agreement made between the Superintendent of Schools and the Travelers Indemnity Company; and
BE IT FURTHER RESOLVED, that the Superintendent of Schools and those under his direction take all steps necessary to effectuate the Release and Settlement Agreement made between the Superintendent of Schools and Abbott & Price, Inc. property damage insurance carrier American Southern Home Insurance Company, McKee Risk Management, Inc., & Gallagher Bassett.
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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. Edwin M. Quezada - Superintendent of Schools
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Vote Results:
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| Original Motion | Member Kevin Cacace Moved, Member Lawrence Sykes seconded to approve the Original motion 'Ladies and Gentlemen:
WHEREAS, On July 2022, Westchester Hills School 29 incurred damage to its Underground Fuel Oil Storage Tank caused by the General Construction Site Contactor’s construction activities, and
WHEREAS, The District incurred expenses for Architectural/Engineering, environmental engineering, fuel oil tank cleaning & inspection services and custodial overtime services in an amount of $39,058.63, and
WHEREAS, Under the direction and satisfaction of School Facilities Management & Architect/Engineer, the GC Site Contractor replaced the damaged UST with a new above ground Fuel Oil Storage Tank at no cost to the District and on time for the 2022 winter heating season.
WHEREAS, RELEASEE issued to RELEASOR a commercial property insurance policy, bearing policy number KTK-CMB-3A47995-7-22 with an effective period of July 1, 2022 to July 1, 2023 (the “POLICY”);
WHEREAS, RELEASOR was a named insured pursuant to the terms of the POLICY;
WHEREAS, certain of RELEASOR’s property located at 47 Croydon Road in Yonkers NY (the “PROPERTY”) was damaged as a result of flood which occurred on July 20, 2022 (the “LOSS”);
WHEREAS, a Release and Settlement Agreement has been negotiated and entered into subject to the approval by the Yonkers Board of Education; and
WHEREAS, the Board of Education has had an opportunity to review the terms of the Release and Settlement Agreement and finds the terms are fair, reasonable, and appropriate under the circumstances; and
NOW THEREFORE BE IT RESOLVED, that the Board of Education hereby approves the settlement of this matter in the amount of $39,058.63 and approves the Release and Settlement Agreement made between the Superintendent of Schools and the Travelers Indemnity Company; and
BE IT FURTHER RESOLVED, that the Superintendent of Schools and those under his direction take all steps necessary to effectuate the Release and Settlement Agreement made between the Superintendent of Schools and Abbott & Price, Inc. property damage insurance carrier American Southern Home Insurance Company, McKee Risk Management, Inc., & Gallagher Bassett.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 9 Nay: 0. | | The motion Carried 9 - 0 | | | | | Kevin Cacace | Yes | | Rev. Steve Lopez | Yes | | Dr. John Castanaro | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Gail Burns | Yes | | Sheila Greenwald | Yes | | Amjed Kuri | Yes | | Rosemarie Linton | Yes | | Lawrence Sykes | Yes | |
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