Review Agenda Item
Meeting Date: 8/16/2023 - 6:00 PM
Category: SCHOOL FACILITIES MANAGEMENT
Type: Action
Subject: 18.15 Change Order 1 CREDIT to Takeover Agreement for CIP 10459 “Upgrades to HVAC, Electrical, and Select Interior Improvements” at Enrico Fermi School to Allied World Assurance Company LLC., for <$54,700.00>
District Goals:
Enclosure
File Attachment:
AIA Credit Change Order 1 Allied World CIP 10459.pdf
Res 18.11 10-19-2016.pdf
Takeover Agreement Fully Executed 7 5 17.pdf
Rationale: This is to authorize the execution of the subject credit change order to Takeover Agreement with Allied World Assurance, LLC, decreasing the Agreement from $562,000 to $507,300 and no change in term.

By Resolution No. 18.11 dated October 19, 2016, the Board of Education authorized the completion of default proceedings against Caladri Development Corp., Contract 617076 and for the administration to make a claim against the performance and labor bonds for the completion of the work.

This credit change order will result in the following:
• Deleting punchlist from the remaining scope
• Deleting preparation of closeout documents from the original scope
• Reclaiming unused allowance for the amount of $28,000.00
• Reclaiming retainage in the amount of $26,700.00
Funding: B5545CP110459.101438.B2200 ($54,700.00) Local Capital Bonded Fund
Resolution: Ladies and Gentlemen:

WHEREAS: By Resolution No. 18.11 dated October 19, 2016, the Board of Education authorized the completion of default proceedings against Caladri Development Corp., Contract 617076 and for the administration to make a claim against the performance and labor bonds for the completion of the work; and

WHEREAS: In response to the Board of Education authorizing the default of Caladri Development Corp., the contractor’s surety, Allied World Specialty Insurance Company f/k/a Darwn National Assurance Company, agreed to complete the work not performed by Caladri Development Corp., and as such, the Board of Education entered into a Takeover Agreement on or about July 5, 2017 which authorized the Surety to appoint a contractor to complete the work not performed by Caladri Development Corp.; and

WHEREAS: The Engineer and School Facilities Management would not accept completion of the punchlist and close out documents work; and

WHEREAS: In disputing the work overtime with the Bonding Company, Allied World Assurance, LLC had closed the claim; and

WHEREAS: The Engineer and School Facilities Management are recommending:
• Deleting punchlist from the remaining scope
• Deleting preparation of closeout documents from the original scope
• Reclaiming unused allowance for the amount of $28,000.00
• Reclaiming retainage in the amount of $26,700.00
• Totaling <$54,700.00>,
• Decreasing the overall cost of the contract from $562,000.00 to $507,300.00.

NOW THEREFORE BE IT RESOLVED: That the Superintendent of Schools is hereby authorized to issue Change Order 1 CREDIT to Takeover Agreement with Allied World Assurance, LLC for default proceedings against Caladri Development Corp., Contract 617076, 30 South 17th Street 0, 16th Floor, Philadelphia PA, 19103, for the amount of <$54,700.00>; decreasing the contract amount from $562,000.00 to $507,300.00 and no change in contract term.
Approvals:
Recommended By:
Signed By:
Michael Pelliccio - Director of Facilities III
Signed By:
Tom Collich - Purchasing Director
Signed By:
Finance Department - Finance Reviewer
Signed By:
Elizabeth Janocha - Deputy Commissioner
Signed By:
John Liszewski - Commissioner
Signed By:
Matthew Gallagher - Corporation Counsel
Signed By:
Dr. Luis Rodriguez - Interim Superintendent of Schools
Vote Results:

Original Motion
Member Kevin Cacace Moved, Member Dr. Rosalba Corrado Del Vecchio seconded to approve the Original motion 'Ladies and Gentlemen:

WHEREAS: By Resolution No. 18.11 dated October 19, 2016, the Board of Education authorized the completion of default proceedings against Caladri Development Corp., Contract 617076 and for the administration to make a claim against the performance and labor bonds for the completion of the work; and

WHEREAS: In response to the Board of Education authorizing the default of Caladri Development Corp., the contractor’s surety, Allied World Specialty Insurance Company f/k/a Darwn National Assurance Company, agreed to complete the work not performed by Caladri Development Corp., and as such, the Board of Education entered into a Takeover Agreement on or about July 5, 2017 which authorized the Surety to appoint a contractor to complete the work not performed by Caladri Development Corp.; and

WHEREAS: The Engineer and School Facilities Management would not accept completion of the punchlist and close out documents work; and

WHEREAS: In disputing the work overtime with the Bonding Company, Allied World Assurance, LLC had closed the claim; and

WHEREAS: The Engineer and School Facilities Management are recommending:
• Deleting punchlist from the remaining scope
• Deleting preparation of closeout documents from the original scope
• Reclaiming unused allowance for the amount of $28,000.00
• Reclaiming retainage in the amount of $26,700.00
• Totaling <$54,700.00>,
• Decreasing the overall cost of the contract from $562,000.00 to $507,300.00.

NOW THEREFORE BE IT RESOLVED: That the Superintendent of Schools is hereby authorized to issue Change Order 1 CREDIT to Takeover Agreement with Allied World Assurance, LLC for default proceedings against Caladri Development Corp., Contract 617076, 30 South 17th Street 0, 16th Floor, Philadelphia PA, 19103, for the amount of <$54,700.00>; decreasing the contract amount from $562,000.00 to $507,300.00 and no change in contract term.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Lawrence Sykes     Yes
Sheila Greenwald     Yes
Dr. Rosalba Corrado Del Vecchio     Yes
Rev. Steve Lopez     Yes
Kevin Cacace     Yes