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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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19.10 Default of Benchmark Construction Group, Inc., Contract 2021-0725 General Construction on CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School
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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 is to authorize the initiation of default proceedings against Benchmark Construction Group, Inc., in compliance with Articles 38 “YPS Right to Declare Contractor in Default” and 40 “Exercise of the Right to Declare Default” of the contract.
By Resolution 23.4 dated April 21, 2021 Contract 2021-0725 General Construction on CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School was awarded to Benchmark Construction. A notice to proceed was issued April 29, 2021.
Work commenced and proceeded with some problems until late October 2022. Since that time, Benchmark has not been to the site nor completed any of their outstanding work. In addition, it appears that they have been having trouble satisfying their subcontractors.
This default is undertaken by the Facilities Department under the advisement of Corporation Counsel. The administration will be making claims against the performance and labor bonds for the completion of the work.
The original contract amount is $1,029,000.00. The amount authorized for payment to date is $970,543.71.
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Funding:
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Resolution:
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Ladies and Gentlemen:
WHEREAS: Board Item 23.4 at the Board of Trustees stated meeting on April 21, 2021, Contract 2021-00000725 General Construction (Building) Work for CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School was awarded to Benchmark Construction Group, Inc., and
WHEREAS: work by the contractor consistently failed to meet contract specifications in terms of work performed and adherence to the schedule, and
WHEREAS: all reasonable means were taken by the District and their representative Eisenbach & Ruhnke Engineering, P.C. to correct such deficiencies, and
WHEREAS: despite all such efforts it was determined that Benchmark Construction Group, Inc., was incapable of completing the outstanding unaccepted work under this contract, and
WHEREAS: A Notice of Intent to Default was issued to Benchmark Construction Group, Inc., on October 18, 2022, and
WHEREAS: a second Notice of Intent to Default was issued to Benchmark Construction Group, Inc., on March 29, 2023 wherein work required to be completed by April 5, 2023 to defer or stop the default proceedings was listed, and
WHEREAS: said work has not been completed as required,
NOW THEREFORE BE IT RESOLVED: that Contract 2021-00000725 General Construction (Building) CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School with Benchmark Construction Group, Inc., be defaulted and that the Yonkers Public Schools use any and all means legally available to enforce the contract to complete the work therein.
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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: Board Item 23.4 at the Board of Trustees stated meeting on April 21, 2021, Contract 2021-00000725 General Construction (Building) Work for CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School was awarded to Benchmark Construction Group, Inc., and
WHEREAS: work by the contractor consistently failed to meet contract specifications in terms of work performed and adherence to the schedule, and
WHEREAS: all reasonable means were taken by the District and their representative Eisenbach & Ruhnke Engineering, P.C. to correct such deficiencies, and
WHEREAS: despite all such efforts it was determined that Benchmark Construction Group, Inc., was incapable of completing the outstanding unaccepted work under this contract, and
WHEREAS: A Notice of Intent to Default was issued to Benchmark Construction Group, Inc., on October 18, 2022, and
WHEREAS: a second Notice of Intent to Default was issued to Benchmark Construction Group, Inc., on March 29, 2023 wherein work required to be completed by April 5, 2023 to defer or stop the default proceedings was listed, and
WHEREAS: said work has not been completed as required,
NOW THEREFORE BE IT RESOLVED: that Contract 2021-00000725 General Construction (Building) CIP 10874 “Interior Renovations, Doors, Security and Site Work” at Riverside High School with Benchmark Construction Group, Inc., be defaulted and that the Yonkers Public Schools use any and all means legally available to enforce the contract to complete the work therein.'. 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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